HomeMy WebLinkAboutReso 165-07 Custom Fireplace SP
RESOLUTION NO. 165 - 07
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AMENDING THE DOWNTOWN CORE SPECIFIC PLAN
TO CHANGE THE RETAIL/AUTO LAND USE DESIGNATION TO RETAIL/OFFICE
FOR 1.94 ACRES OF LAND LOCATED AT 7099 AMADOR PLAZA ROAD
(CUSTOM FIREPLACE, PATIO & BBQ)
(APN 941-0305-026)
P A 07-001
WHEREAS, the Applicant, Architectural Networks, Inc. on behalf of the property owner and
business owner, Walt Ligon, has requested approval of an amendment to the Downtown Core Specific
Plan to change the Retail/Automotive land use designation to RetaiVOffice for 1.94 acres of land;
approval of a PD, Planned Development Rezone with a Stage 2 Development Plan in accordance with the
Downtown Core Specific Plan; approval of a Conditional Use Permit for Retail - Outdoor Storage; and
approval of Site Development Review to construct an approximately 10,900 square foot addition to an
existing 9,370 square foot building, related site improvements including new parking and circulation, new
landscaping and fencing and a new trash enclosure, and a new wall sign located at 7099 Amador Plaza
Road (the "Project"); and
WHEREAS, the project site is located within the Downtown Core Specific Plan area ("Specific
Plan area"); and
WHEREAS, the Applicant is requesting an amendment to the Downtown Core Specific Plan
("Specific Plan Amendment") to change the Retail/Auto land use designation for 1.94 acres of land at
7099 Amador Plaza Road to RetaiVOffice to allow for the expansion of an existing building and the
establishment of a retail commercial tenant, Custom Fireplace, Patio and BBQ; and
WHEREAS, the Specific Plan Amendment is consistent with the Dublin General Plan which
designates the site as RetaiVOffice and allows for shopping centers, stores, restaurants, business and
professional offices, motels, service stations and sale of auto parts; and
WHEREAS, the Specific Plan area is zoned Planned Development (Ord. 03-02) and requires that
a Planned Development Rezone, Stage 2 Development Plan and Site Development Review be approved
prior to the development of property within the Plan area; and
WHEREAS, the Downtown Core Specific Plan is also the Stage 1 Development Plan for the
Planned Development Zoning District (P A 02-005) and therefore an Ordinance amending the Stage 1
Development Plan is also required; and
WHEREAS, the Applicant has submitted a complete application which is available and on file in
the Planning Division for a Downtown Core Specific Plan Amendment; PD, Planned Development
Rezone and Stage 2 Development Plan; Conditional Use Permit; and Site Development Review for the
above described project; and
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WHEREAS, the California Environmental Quality Act (CEQA), together with State CEQA
Guidelines, requires that certain projects be reviewed for environmental impacts and that environmental
documents be prepared; and
WHEREAS, on December 19,2000, the Dublin City Council certified a Negative Declaration for
the Downtown Core Specific Plan (Resolution 226-00); and
WHEREAS, the Downtown Core Specific Plan states that major amendments to the Specific Plan
are subject to additional environmental review pursuant to CEQA; and
WHEREAS, the Project has been reviewed in accordance with CEQA and a determination has
been made that the proposed Specific Plan Amendment is not a major amendment; therefore, Staff is
recommending that the Project be found Categorically Exempt from CEQA pursuant to Section 15332,
In-Fill Development Projects; and
WHEREAS, the Planning Commission did hold a properly noticed public hearing on said
application on August 14, 2007 and recommended City Council approval of the Specific Plan
Amendment; and
WHEREAS, the City Council did hold a properly noticed public hearing on said application on
September 4,2007; and
WHEREAS, proper notices of said hearings were given in all respects as required by law; and
WHEREAS, a Staff Report was submitted to the Dublin City Council, dated September 4, 2007
recommending approval of a Resolution amending the Downtown Core Specific Plan to change the
Retail/Auto land use designation to RetaiVOffice for 1.94 acres of land at 7099 Amador Plaza Road for
Custom Fireplace, Patio and BBQ (PA 07-001); and
WHEREAS, the City Council did hear and use independent judgment and considered all said
reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby find that:
A. The Downtown Core Specific Plan Amendment is consistent with the Dublin General Plan land
use designation of Retail/Office and the goals, policies and implementing programs set forth in the
Dublin General Plan in that: 1) the Retail/Office land use designation in the Specific Plan allows
for a range of general retail uses which is consistent with the types of uses allowed under the
General Plan land use designation; and 2) changing the land use from RetaiV Auto to RetaiVOffice
allows for the intensification of an existing downtown retail business which has outgrown its
existing location.
B. The Downtown Core Specific Plan Amendment is consistent with the goals and objectives of the
Specific Plan in that: 1) the Amendment encourages development in the Downtown Core by
allowing for additional general retail uses to be established; 2) the establishment of additional
general retail uses will contribute to the existing tax base in the downtown area; 3) the expansion
of an existing downtown retail business is a positive contribution to the creation of an appropriate
mix of small, medium and large scale retail uses; 4) allows for the retention of an existing
Downtown Core business by permitting it to expand in another location within the Downtown
Core area; and 5) allows for the phasing out of an existing automobile sales and service land use.
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NOW, THEREFORE, BE IT FURTHER RESOLVED that the Dublin City Council does
hereby approve the Downtown Core Specific Plan Amendment as follows:
Section 1.
MAP OF PROPERTY
Approximately 1.94 acres located at 7099 Amador Plaza Road, APN 941-0305-026. A location
map of the area to be changed from RetaiV Auto to RetaiV Office is shown below:
tCOM'"
LEGEND
- - -- S!'(ClfIC ~~ OOUNDAFlY
( ) USE ..,S
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(COM
RESlDEtmAl
COMMEPOIAL A
LAND USE PLAN
DOWNTOWNCOAE SPECIFIC PLAN
RIA (Retail/Auto)
replaced with
RIO (RetaiVOffice
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Section 2.
TEXT AMENDMENTS
Table 4. Maximum Economic Development Potential
SP Land Use Category* Acres FAR Existing Dev. Maximum Dev.
DU/AC (sq. ft.) (sq. ft.)
Commercial A (Com A) 25.49 0.40 364,484 444,140
Commercial B (Com B) 5.45 0.52 69,752 122,390
Retail/Office (RIO) 9-:&& 11.82 0.79 8.934 341,120
Retail/Auto (RIA) ~ 0.61 0.79 22,120 13.486 87,750
Office (0) 1.37 0.50 13,120. 29,840
Mixed Use (MU) 6.92 0.60 -- 181,630+
100DU
Ri~ht-of- W ay 1.32 -- -- --
Totals ~ 52.98 -- 469,776 1,207,930+
ODU 100DU
*Note: Includes potential plaza areas
PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this 4th
day of September 2007, by the following vote:
AYES: Councilmembers Hildenbrand, Oravetz, Sbranti, Scholz and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
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