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HomeMy WebLinkAboutAttachmt 3 City Council Ordinance 8-04 ORDINANCE NO.8 - 04 AN ORDINANCE OF TIlE CITY OF pUBf.,IN AMENDING THE WEST DUBLIN BART SPECIFIC PLAN, AMENDING TIlE ZONING MAP TO REZONE A PARCEL AT 6600 GOLDEN GATE DRIVE(APN 941-1500-046) TO A PLANNED DEVELOPMENT ZONING DISTRICT, AND APPROVING THE RELATED STAGE 1 DEVELOPMENT PLAN PA 03..033 The Dublin City Council 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. 1. The Planned Development Zoning District meets the purpose and intent of Chapter 8.32 in that it provides a comprehensive development plan that is sensitive to surrounding land uses by virtue of the layout and design of the site plan, and uses creative design and a mix of complementary uses to establish the project as a focal point for the area surrounding the future West DublinlPleasanton BART Station. 2. The Planned Development Zoning District will be harmonious and compatible with existing and future development in the sUrrounding area in that the residential, hotel, and commercial use of the site will be complimentary uses to the future transit West DublinIPleasanton BART Station: The land uses and site plan provide an efficient use of the property and are compatible with the existing retail, office, and light industrial uses surrounding the property as well as to the more intensive land uses that will likely develop in the future. B. Pursuant to Sections 8.120.050.A andB of the Dublin Municipal Code, the City Council finds as follows. 1. The Site is a relatively flat. infill site, with existing infrastructure (including roads, sewer, storm drain, potable and recycled water, natural gas, and electricity) located immediately adjacent to the site and no major or unusual physical or topographic constraints and thus is physically suitable for the residential. hotel, and commercial project proposed for the Planned Development Zoning District. . 2. The Planned Development Zoning District 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. 3. The Planned Development Zoning District is consistent with the General Plan and West Dublin BART Specific Plan in that the project includes companion amendments to the West Dublin BART Specific .Plan were approved by the City Council in this Ordinance on March 16, 2004, and wlnch.amendmentsproposedtheltUid iiSeSaiid.developmeiifplansrefIected- irithepropO-sar.._... - Planned Development Zoning District. Attachment 3 C. Pursuant to the California Environmental QualityAct, the City Council adopted an Addendum to both the Negative Declaration for the Downtown Specific Plan and the Supplemental EIR for the West Dublin! Pleasanton BARJ;' Station and Transit Village Project and certifying that the City reviewed and considered the information contained in the EIR and Negative Declaration, as required to support approval of the project, including approval of the Planned Development Zoning District. SECTION 2: 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 ("the Property") to a Planned Development (pA 03-033) Zoning District: Approximately 7.26 acres of land located at 6600 Golden Gate Drive and further identified as Assessor Parcel Number 941-1500-046 A map of the rezoning area is shown below: \ \.\.~"'\ ... .\...., " ~....\. .~\.>.......,. \\ \ \. \I ..... 1/ "" ''-. // '\.., ........---. r ) t-"r7-4 i I! \ l. w t L--~_i~~' L- . __ \ r--.... t \. ~ j.-J ~l \ DlJBUN (0) SECTION 3: The regulations for the use. development, -improvement, and maintenance of the Property are set forth in the following Stage 1 Development Pian for the project area. which is hereby approved. . Any amendments to the Stage I Development Pian shall be in accordance with section 8.32.080 of the Dublin Municipal Code or its successors This is a Development Plan pursuant to Chapter 8.32 of the Dublin Zoning Ordinance for residential, hotel, and small-scale commercial development on property at 6600 Golden Gate Drive (APN 941-1500- . .~:'I11i.~~~lo~m~nt~Plan m~ts_ ~l ofthe~~f!l~ts for Stage 1 review of the project. This Development Plan is also represented by the attached Aerial Photo and Stage 1 Conceptual Site Plan. The Planned Development Zoning District allows the flexibility needed to encourage innovative 2 development while ensuring that the goals, policies, and action programs of the General Plan,. West Dublin BART Specific Plan, and provisions of Section 8.32 of the Zoning Ordinance are satisfied. Except as specifically modified by the provisions of this Planned Development Zoning District/Stage I Development Plan, all applicable general requirements and procedures of the Dublin Zoning Ordinance shall be applied to the land uses designated in this Planned Development Zoning District. 1.~ning: Planned Development (P A 03-033), rezoning project site from Planned Development (pA 02-014, West Dublin BART Specific Plan) . 2. Statement of Approved Uses The proposed uses include high-density residential, hotel, and small-scale commercial uses. The residential portion of the development will be located furthest from the freeway and would include 210 apartments in a four-story building wrapped around structured parking. Additional surface parking would be provided along the western boundary of the residential site. The five-story, ISO-room hotel will be located on the southern portion of the site adjacent to 1-580. The ancillary small-scale commercial pad will be located at the end of Golden Gate Drive. adjacent to the hotel. The proposed building will be 7,500 square.feet The commercial uses allowed at the site will be those listed in the West Dublin BART Specific Plan "Commercial B" land use category: small scale uses including specialty retail, restaurants, offices, entertainment and similar pedestrian-oriented uses. The exact uses permitted will be determined at the Stage 2 Development Plan. The location of the hotel, high-density. residential dwelling units, and commercial pad shall be generally as shown on the West Dublin BART Transit Village Conceptual Landscape Plan, attached, with minor adjustments to the parking layout and site circulation. These minor modifications will address issues relating to joint vehicular access between this project and the future office and residential development to the west Another minor modification to be made is the provision of a pedestrian walkway across the BART parcel that would serve to connect the future office and residential development to the west with Golden Gate Drive, thereby providing a more direct route to access the future BART station. . 3. Stage 1 Conceptual Site and Landscape Plan (Attached as Exhibit 1) 4. Site Details The Project site is a total of 7.26 acres. The site will ultimately be divided into three parcels. By use, the site areas will be as follows: 3.65 acres for residential, 2.43 acres for hotel, and 1.16 acre for small- scale commercial. 5. Maximum development density permitted . . The maximum density for the residential parcel will be 58 units per acre with a maximum of 21 0 total units. The maximum square footage is 79,500 square feet/ISO rooms for the hotel and 7,500 square feet for the small-scale commercial" Setbacks and building envelopes for buildings, structures, and parking areas shall be generally as shown on the Stage 1 Conceptual Site and Landscape Plan as attached. The maximum height 3 permitted on the parcels shall be in accordance with the West Dublin BART Specific Plan and the City of Dublin General Plan, as amended in December 2000. ~, 6. Phasing plan It is anticipated that the construction of the apartments will commence in the summer of 2004 and-will be completed by Deceniber 2005. The hotel and ancillary small-scale commercial are anticipated to be under construci:ion from October 2009 through December 2007. 7. Coneeptual Landscape Plan (Attached as Exhibit 1) 8. Consistency with General Plan and West Dublin BART Specific Plan Portion of General Pbm Limd Consistent West Dublin BART Consistent with SP? Project Use designation with GPt SpecifIC Pltm ImuJ use desirnuztion High- _ High-Density Yes Residential Yes, upon approval of a SP Density Residential amendment to allow higher unit Residential count (210 units instead of 160 units) and higher density (58 units/acre instead of 45 Units/acre.) Hotel Retail/Office Yes Lodlrln2 . Yes Small-scale . Retai1lOffice Yes Lodging Yes, upon approval of a SP commercial amendment to Commercial Bland use category to allow commercial use. The West Dublin BART Specific Plan amendment was approved by City Council on March 16,2004. The project is consistent with the General Plan land use designation for the. site as High Density Residential for the northern portion of the site and Retail/Office for the southern portion of the site. The RetaiVOffice land use designation allows for such uses as restaurants, retail establishments, and . hotels. The Specific Plan land use designations for the property are Residential (R) for the northern portion of the property, and Hotel/Lodging (L) and Commercial B (COM B) for the southern portion of the property (See Exhibit 2). The project density of210 dwelling units at 58 units/acre is consistent with the Specific Plan. 9. Consistency with Indusionary Zoning Regulations The Applicant requested a waiver of the City's Inclusionary Zoning Regulations under Section 8.68.040 (E) of the City of Dublin Municipal Code. The waiver to the City of Dublin Inclusionary ,Zoning Regulations was approved by City Council on March 2. 2004, Resolution 30-04. 10. Aerial Photo (Attached as Exhibit 3) 11. Compliance with the adopted mitigation measures The ApplicantlDeveloper is required to comply with all applicable action programs and mitigation measures,. of the Final West DublinlPleasanton BART Station and Transit Village Project . _.. . _, ,__ .. ...... ,." , .. ... - ______ _. __ - . .u._ , ...Supplcii:ieritafEnwonniei1taf fiiipacl Report(SEIR),-tlie.FmarDUbIililPleasanfunu ExfunsionProjecr EIR,. and the Mitigation Monitoring and Reporting Plan (MMRP) certified and adopted by the Bay Area Rapid Transit District (BART) Board of Directors. 4 Additionally, the ApplicantlDeveloper shall comply with all applicable action programs and mitigation measures of the Negative Declaration for the West Dublin BART Specific Plan and those policies and programs contained in the West Dublin BART Specific PI8n approved by the City of Dublin. SEcrION 4: No development shall occur on this property until ~ Stage 2 Development Plan and Site Development Review permit have been approved for the property. Except as provided in the Stage 1. Development . Pl8nlPlanned Development Zoning District, the use, development, improvement, and maintenance of the Property shall be governed by the provisions of the Dublin Zoning Ordinance. SECTION 5: This Ordinance shall take effect and be enforced upon the effective date of the West Dublin BART Specific Plan amendment in PA 03-033. 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 SECTION 6: This ordinance shall take effect and be enforced thirty (30) days from and after its passage. PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 16th day of March 2004, by the following vo~s: AYES: Councilmembers McCormick, Oravetz, Sbranti and Zika and Mayor Lockhart NOES: None ABSENT: None ABSTAIN: None elL K2/G/3-16..Q4/ord-BART.doc (Item 6.1) G:\PA#\2003\03-o33 West Dublin BART Apts-Hote1\CC Ore! PD.doc 5 l eF- l? Existing Land Use Plan for West Dublin BART Specific Plan: ~f !~~~-_4\- 1.~\) F;'qw\ l'r--'\\ '~~~it, ;";t;J, ._...,:.',r..r.~.,,_,....-..,r.... =-/:' \.,>.,::;:~:~ ~~\"'.' -- .. ,. ...,<- ~~~~( .,;.".-~" ,-, . ....... I ,".'.. ~.),,"~ ~'\Ir."'. i -\1;~:~~~~S. . .' 1/- .".:'. ". ./. .'C~, '.'R:'~.. '~"'"'''' ~~~.. _, i7~', . . .- ,~'~,~'e: Proposed Land Use Plan for West Dublin BART Specific Plan: ._':':.'" "/ ! ..... j :L~'\<l'_~ .,~ 1,:,:j1t':.'j: !;u~.'~\. rtf,:~,"j(\~ -Ib.~,d ;"",82""',:__,..~~;"- "." ~""".-._. ,~---..._:.-......,.. ;(~J::: ;.~,"...: Exhibit 2 to planned Development zoning District: Land use plan for West Dublin BART specific plano