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HomeMy WebLinkAboutOrd 21-98 Rez Village Pkwy 7197ORDINANCE NO. 21 - 98 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING THE ZONING ORDINANCE TO ADOPT THE PLANNED DEVELOPMENT REZONING (PA 98-049) OF PROPERTY LOCATED AT 7197 VILLAGE PARKWAY AT THE SOUTHEAST CORNER OF VILLAGE PARKWAY AND AMADOR VALLEY BOULEVARD (APN: 941-210-13) WHEREAS, on July 7, 1998, the City Council instructed staffto initiate a General Plan Amendment Study and/or Zone Change Study to evaluate appropriate uses for the property located at 7197 Village Parkway ("Property") consistent with the desires of the Council to encourage Village Parkway to develop into a vital downtown area with offices, restaurants, cafes, retail services, and other pedestrian-friendly land uses; and WHEREAS, in response to the City Council's direction, staff conducted a preliminary land use investigation for the Property and recommended the following commercial uses: Community-Serving Retail: general merchandise stores, clothing/shoe stores, gift/specialty stores, book stores, and similar stores; Office and Service: legal offices, medical/dental offices, travel agency, hair/beauty salon, other administrative and professional offices, and similar offices and service uses; Eating, Drinking and Entertainment: restaurants, cafes, ice cream shops, video rental, delicatessens, and similar uses; and WHEREAS, Community-Serving Retail, Office and Service, Eating, Drinking and Entertainment uses, as those terms are used in this ordinance, do not include automotive-related uses, such as service stations, automobile/vehicle brokerage, rental, sales, service and repair; and WHEREAS, on July 21, 1998, the City Council also directed staff to prohibit any drive-through uses on the Property; and WHEREAS, on July 21, 1998, the City Council found that the approval of additional subdivisions, use permits, variances, building permits, or any other applicable entitlement that would allow the future use of the Property for automotive related uses, such as service stations, automobile/vehicle brokerage, rental, sales, service and repair, would result in that threat to public health, safety and welfare; and WHEREAS, on July 21, 1998, the City Council adopted a forty-five (45) day moratorium on the acceptance, processing or approval of any applications or permits for subdivisions, use permits, variances, building permits, or any other applicable entitlement on the Property for any uses other than Community- Serving Retail, Office Service, and Eating, Drinking and Entertainment; and WItEREAS, due to staff needing additional time to complete the General Plan Amendment Study to evaluate appropriate uses for the Property, on September 1, 1998, the City Council adopted Ordinance No. 12- 98 which extended for ten (10) months and fifteen (15) days, from September 6, 1998, until July 21, 1999, the forty-five (45) day moratorium it adopted on July 21, 1998; and WHEREAS, staff completed the zone change study and prepared a Planned Development (PD) District Rezone and Development Plan for the Property in compliance with Ordinance No. 12-98, which rezones the Property from the C-2, General Commercial Zoning District to a PD Zoning District; and W}IEREAS, the application has been reviewed in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the City Environmental Guidelines, and determined to be exempt from CEQA because the project will not have the potential for causing a significant effect on the environment. Any future development that is proposed for the project site will be subject to CEQA review; and WHEREAS, the Planning Commission did hold a public hearing on the PD District Rezone, Development Plan on November 10, 1998, and did adopt a Resolution recommending that the City Council approve a Planned Development Rezone and a Development Plan for PA 98-049; and WltEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, properly noticed public hearings were held by the City Council on December 1, 1998 and December 15, 1998; and WHEREAS, the Staff Report was submitted recommending that the City Council approve the application; and WItEREAS, the City Council did hear and use its independent judgment and considered all said reports, recommendations and testimony hereinabove set forth. WHEREAS, pursuant to section 8.32.070 and 8.120.050 of the Dublin Municipal Code, the City Council makes the following findings: The Proposed Planned Development Zoning District and Development Plan (Stage 1 and 2) meet the purpose and intent of Chapter 8.32 of the Zoning Ordinance because they will provide retail commercial and office uses that are appropriate for a site which is located at a major intersection within the Dublin's downtown instead of automotive related uses, which would be possible under the requirements of the C-2 Zoning District; and Development under the Planned Development Zoning District and Development Plan (Stage 1 and 2) would be harmonious and compatible with existing and future development in the surrounding areas and especially with the residential area to the south due to the setback, parking and landscape requirements of the Planned Development Zoning District and due to the prohibition of automotive and drive-through uses that would likely cause land use incompatibilities with the adjacent residential uses, and potential noise and air quality impacts; and The PD Rezone is consistent with the general provisions, intent, and purpose of the PD District Zoning District of the Zoning Ordinance in that it contains all information required by Chapter 8.32 of the Zoning Ordinance for a Stage 1 and Stage 2 Development Plan and accomplishes the objectives of Chapter 8.32, A through H, of the Zoning Ordinance; and The subject site is physically suitable for the type and intensity of the zoning district being proposed because it is located within a developed downtown area, was previously developed, and because it is located adjacent to roadways which are designed to carry traffic that would be generated by the proposed types of uses; and The proposed amendment 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 because the project has been built according to City laws and regulations and because the Planned Development Zoning District will limit land uses to those which are appropriate for this site; and 6. The proposed amendment is consistent with the Retail/Office designation of the Dublin General Plan and the proposed use types are permitted by said designation. NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows: SECTION 1. 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 following property ("Property") to a Planned Development Zoning District: Approximately 1.06 acres at 7197 Village Parkway (AP\ 941-210-13) located at the southeast corner of Village Parkway and Amador Valley Boulevard. A map of the Property is outlined below: subject l'roper~y .... ,~ ~ From C-2, General Commercial Zoning District ~~_~ To PD, Planned Development Zoning District .~q~. ~.~'~~ \\\\ \\ \\ SECTION 2. The regulations of the use, development, improvement, and maintenance of the Property are set forth in the Stage 1 and Stage 2 Development Plan (Exhibit lA hereto) which is hereby approved. SECTION 3. 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, APPROVED AND ADOPTED by the City Council of the City of Dublin this 15th day of December, 1998, by the following vote: AYES: Councilmembers Howard, Lockhart, McCormick, Zika, & Mayor Houston NOES: None ABSTAIN: None ABSENT: None ATTEST: City Clerk GSCC-MTGS\98-QTR4~DEC\12-15-98\ord-bponvp.doe 4 STAGE 1 AND STAGE 2 DEVELOPMENT PLAN This is a Development Plan for PA 98-049 pursuant to Chapter 8.32 of the Dublin Zoning Ordinance for the property located at 7197 Village Parkway (APN 941-210-13), located at the southeast corner of Village Parkway and Amador Valley Boulevard. This Development Plan meets all of the requirements for Stage I and Stage 2 review of the project. The land use designations for this PA 98-049 PD Zoning District are established to: a) accommodate a range of community-serving retail and mixed-use projects incorporating retail, service and/or office uses; b) provide appropriately located areas for retail stores, offices, and service establishments, offering commodities and services required by residents of the City and its surrounding market area; c) provide opportunities for retail stores, offices, and service establishments to concentrate for the convenience of the public and in mutually beneficial relationship to each other; d) provide space for community facilities and institutions that appropriately may be located in commercial areas; d) provide adequate space to meet the needs of modem commercial development, including off-street parking and track loading areas; and e) minimize traffic congestion and to avoid overloading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them. This Development Plan includes: development standards; permitted, conditional and prohibited uses; design standards and Stage 1 and 2 site plan; labeled Exhibit lA to the Ordinance approving this Development Plan (City Council Ordinance No. 21 - 98), and on file in the Planning Department. The Planned Development District allows the flexibility needed to encourage innovative development while ensuring that the goals, policies, and action programs of the General Plan, Downtown Dublin Specific Plan, and provisions of Section 8.32 of the Zoning Ordinance are satisfied. A. Permitted Uses/Site Area/Densities: Permitted Uses: 1. Community-serving 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 Appliance/Electronics Store h. Home Improvement/Hardware Store i. Music Store j. Hobby/Specialty Interest Store k. Gifts/Specialty Store 1. Jewelry and Cosmetic Store m. Dmg Store EXHIBIT lA Site Area: Densities: n. Auto Parts Store o. Toy Store p. Book Store q. Pet Supplies Store r. Sporting Goods Store (without sale of firearms) s. Grocery/Food Store t. Video Rentals Office and service establishments, including, but not limited to: a. Bank/Savings and Loan b. Real Estate/Title Office c. Travel Agent d. Legal e. Accounting f. Medical and Dental g. Optometrist h. Architect i. Employment Agency j. Hair/Beauty Salon k. Cleaner and Dryer I. Shoe Repair m. Key Shop n. Tailor o. Athletic Club p. Formal Wear/Rental q. Other Administrative and Professional Office r. Technology Access Center s. Tele-commuting Center Eating and drinking establishments including, but not limited to: a. Restaurant b. Delicatessen c. Specialty Food (e.g. bagel shop) d. Bakery e. Cafes f. Ice Cream Shop g. Sandwich Shop approximately 1.06 acres .25 to .50 Floor Area Ratio 2 gw Conditional Uses: 3. 4. 5. 6. In-patient and out-patient health facilities as licensed by the State Department of Health Services Wine or liquor bar with on-sale liquor license Micro-brewery Video Arcade Sporting Goods Store (with sale of firearms) Public and semi-public facilities (Governmental or institutional-type facilities. Public facilities include: schools; libraries; city office buildings; State, County and other public agency facilities; post offices; fire stations; and utilities. Semi-public facilities include: churches; theaters; community centers; and hospitals). Community care facility/large (7 or more) Other uses that could possibly meet the intent of the Planned Development (PD) District - Community-Serving Retail; Office and Service Establishments; and Eating and Drinking uses. Prohibited Uses: Drive-In/Drive-Through Business Service Station Automobile/Vehicle: Brokerage; Rental; Repairs and Service; Sales and Service; and Storage Lot Dublin Zoning Ordinance - Applicable Requirements: Except as specifically modified by the provisions of this PA 98-049 PD Zoning District, use, development, improvement and maintenance of property within this PD Zoning District shall be subject to the provisions of the C-l, Retail Commercial Zoning District of the City of Dublin Zoning Ordinance with regard to permitted/conditional u~scs, land use restrictions and minimum/maximum development criteria. Development Standards: 1. Setbacks From and Side Yard (street side): minimum i0 feet b° Rear (easterly property line): minimum 15 feet (for first story) minimum 25 feet (for second story) minimum 35 feet (for third story) Side Yard (southern property line): minimum 5 feet Vehicular access shall be maintained between this property and the property to the south. 2. Height Limitations 3 stories, 45 feet high 3. Parking All uses for the site shall comply with Chapter 8.76 Off Street Parking and Loading Regulations of the Dublin Zoning Ordinance. bo All parking shall be located on the southern and/or eastern portion of the property. 4. Landscaping ao All required setback areas, including the comer area of the property (Village Parkway and Amador Valley Boulevard) shall be properly designed and landscaped in order to establish a high level of development quality while providing for neighborhood identity where appropriate. The design shall utilize street tree plantings with complementary landscape materials. The comer landscaping should incorporate significant landscape, including specimen trees and special "city entry" image treatment whenever appropriate. The design shall ensure that any comer landscape plan conforms with the Traffic Visibility Area requirements of the Dublin Zoning Ordinance to protect public safety. 5. Outdoor Seating Outdoor seating for eating and drinking establishments are allowed within this PD Zoning District and may be located in the westerly and northerly (street side) setback areas provided these uses do not occupy more than 50% of the setback area. Design Standards: General Commercial Design Standards Any new building developed at the site shall achieve a human scale and interest. The building shall exemplify a sense of proportion to the physical site and surrounding properties2 The building d~sign shall incorporate building 4 elements, such as wall insets, balconies and window projections, which may help produce a proportionate building and reduce the scale of larger buildings. The bUilding color shall be compatible with the neighborhood and shall reinforce the visual character of the environment of the proposed bUildings. Integral coloring of concrete, stucco, and similar materials is encouraged. Bright colors may be used to provide an attractive and distinctive accent to the bUilding. The choice of materials, colors, signs and the level of architectural detailing for the new bUildings shall be thoughtfully integrated into the design of all building elevations. Retail Commercial Center Design Standards All new retail commercial development with eating and drinking establishments may incorporate an outdoor seating area, activity plaza or courtyard to enhance pedestrian use; public and civic interaction; and events. All furniture and accessories provided for the outdoor seating area shall be compatible with the architectural design of the building. o In order to promote a pedestrian environment, the ground floor level of the buildings shall include display windows, courtyard entrances and other elements of pedestrian interest. G. Proposed Development: Any new development proposed for the site shall be subject to a new Development Plan pursuant to Chapter 8.32 of the Zoning Ordinance and a Site Development Review permit. The decisionmaker for the Site Development Review shall be the Community Development Director (and his/her designee). New office building developments shall be encouraged to include a mix of community -serving retail uses, and eating, drinking and entertainment establishment-type uses. H. Site Plan and Architecture: A Site Development Review shall be prepared for this project which shall provide a site plan, floor plans, building elevation plans and any other applicable architectural plans or other documents as required by the Director of Community Development. I. Phasing Plan: The project shall be constructed in one phase of development. If the Developer decides to construct the project in phases, a phasing plan shall be submitted for the review and approval of the Community Development Director. J. Landscaping Plan: A preliminary landscaping plan in compliance with Chapter 8.72, Landscaping and Fencing Regulations of the Zoning Ordinance shall be required for the Site Development Review.