HomeMy WebLinkAboutOrd 19-07 Custom Fireplace, Patio & BBQ
ORDINANCE NO. 19 - 07
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
********
AMENDING THE ZONING MAP AND ADOPTING A PLANNED DEVELOPMENT
REZONE AMENDING THE STAGE 1 DEVELOPMENT PLAN AND ADOPTING A STAGE
2 DEVELOPMENT PLAN FOR CUSTOM FIREPLACE, PATIO AND BBQ LOCATED AT
7099 AMADOR PLAZA ROAD
(APN 941-0305-026)
PA 07-001
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. RECITALS
A. By Ordinance No. 03-02 the City Council rezoned approximately 51 acres of land known
as the Downtown Core Specific Plan area ("the Downtown Core Specific Plan") to a Planned
Development Zoning District (P A 02-005) and adopted a Stage 1 Development Plan for the Downtown
Core Specific Plan. The Stage 1 Development Plan is the Downtown Core Specific Plan which was
adopted on December 19,2000.
B. This Ordinance amends the Stage 1 Development Plan (the Downtown Core Specific Plan)
to change the Retail/Auto land use designation to Retail/Office for the property at 7099 Amador Plaza
Road (APN 941-0305-026) and adopts a Stage 2 Development Plan for the same property to allow for the
expansion of an existing building for a retail establishment, namely Custom Fireplace, Patio and BBQ.
Section 2. FINDINGS AND DETERMINATIONS
Pursuant to Section 8.32.070 ofthe Dublin Municipal Code, the City Council finds as follows:
1. The Planned Development Rezone, amended Stage 1 Development Plan and the Stage 2
Development Plan meet 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 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, amended Stage 1 Development Plan
and the 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, as amended. 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, as amended, the Stage 2 Development Plan for the
proposed Project will create a pedestrian oriented development with a pedestrian scale.
Ord. No. 19-07, Adopted 9/18/07, Item 4.7
Page 1 of7
Pursuant to Sections 8.120.050 of the Dublin Municipal Code, the City Council finds as follows:
1. Development under the Planned Development Zoning, amended Stage I Development Plan
and the 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, as amended. Compliance with the
Stage 1 Development Plan, as amended, 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, as amended, the Stage 2
Development Plan for the proposed Project will create a pedestrian oriented development with
a pedestrian scale.
2. The Project site is physically suitable for the 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 compliments existing and proposed
development in the surrounding areas.
3. The proposed Planned Development Rezoning, amended Stage 1 Development Plan and 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 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 development regulations.
4. The proposed Planned Development Rezoning, amended Stage 1 Development Plan and the
Stage 2 Development Plan for 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 including roadways
consistent with the Circulation Element, adequate public facilities, and safe design as required
by the Seismic Safety and Safety Element.
Pursuant to the California Environmental Quality Act (CEQA), the City Council finds as follows:
1. An Initial Study/Negative Declaration for the Downtown Core Specific Plan was adopted on
December 19,2000, incorporated herein by reference.
2. The Downtown Core Specific Plan states that major amendments to the Specific Plan are
subject to additional environmental review pursuant to CEQA. 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, the Project is found to be Categorically
Exempt from CEQA pursuant to Section 15332, In-Fill Development Projects.
Section 3. MAP OF THE REZONE AREA
Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code, the City of Dublin Zoning Map is
hereby amended to rezone the Downtown Core Specific Plan area from a Planned Development Zoning
District (PA 02-005) to a Planned Development Zoning District (PA 07-001). The amendment area is as
follows:
20f7
Approximately 51 acres of land located north of Dublin Boulevard and west of the 1-680
freeway (Assessor Parcel Numbers: 941-305-10,12-2,22-1,26,27,28,29-2,31-2,32,
33, 36, 37, 38, 39 and 40).
A map of the rezoning area is shown below:
Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code, the City of Dublin Zoning Map is
further amended to rezone the property at 7099 Amador Plaza Road from a Planned Development Zoning
District (P A 02-031) to a Planned Development Zoning District (P A 07-001). The amendment area is as
follows:
Approximately 1.94 acres generally located east of Amador Plaza Road, north of the
existing Safeway shopping center on a parcel of land designated by Assessor Parcel
Number (APN) 941-0305-026.
A map of the rezoning area is shown below:
30f7
Section 4. APPROVAL
The regulations for. the use, development, improvement and maintenance of the Property are set forth in
the Stage 1 Development Plan (the Downtown Core Specific Plan, as amended and hereby incorporated
by reference) and 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.
STAGE 2 DEVELOPMENT PLAN
This is a Stage 2 Development Plan pursuant to Chapter 8.32 of the Dublin Municipal Code (Zoning
Ordinance) for the property located at 7099 Amador Plaza Road (APN 941-0305-026) and is adopted as a
zoning amendment pursuant to Section 8.32.030.B of the Dublin Municipal Code.
1) Statement of compatibility with Stage 1 Development Plan. The Stage 2 Development Plan for
Custom Fireplace, Patio & BBQ located at 7099 Amador Plaza Road is compatible with the Stage 1
Development Plan (Downtown Core Specific Plan) in that the Project includes the phasing out of an
automobile sales and service land use and converts the land. to a use (retail commercial) consistent
with the vision and requirements of the Downtown Core Specific Plan.
2) Statement of proposed uses. Permitted, conditional and temporary uses are regulated as follows:
PERMITTED USES
General Retail. General Retail shall mean retail trade establishments selling many lines of new
and used merchandise directly to customers. Such types of stores and lines of merchandise
include, but are not limited to, the following:
Artist's supplies
Artisan
Auto parts (not auto repair or machine shops or any non-retail auto services)
Bicycles
Books
Cameras and photographic supplies
Clothing and accessories
Department stores
Drug and discount stores
Dry goods
Fabrics and sewing supplies
Florists and houseplant stores (indoors or if enclosed by a partition)
General stores
Gifts
Groceries
Handicraft items
Hardware
Hobby materials
Jewelry
Locksmith
Luggage and leather goods
Mini-marts
Musical instruments
40f7
PERMITTED USES (cont.)
Novelties and souvenirs
Newsstands
Orthopedic supplies
Parts and accessories
Pet store
Religious goods
Small wares
Specialty shops
Sporting goods and equipment
Stationery
Toys and games
Thrift stores and variety stores
Other goods may be permitted if determined to be substantially similar to the above by the Director of
Community Development. Retail sales shall not include sales of new or used automobiles, trucks,
recreational vehicles, boats or trailers, nor shall it include auto brokerages.
ProfessionallMedical Office. ProfessionallMedical Office shall mean an office or office building
for the conduct of business, administration or professional services and outpatient medical
services where these activities do not include the manufacture, storage, display (except for
samples), or sale at retail of any merchandise on the premises including, but not limited to, the
following:
Accountant
Acupressure
Acupuncture
Advertising agency
Architect
Attorney
Broker (stock and bond)
Business consultant
Business management
Chiropodist
Chiropractor
Collecting agency
Dentist
Doctors of Oriental Medicine
Employment agency
Engineer
Financial services
Herbalists
Industrial management
Insurance
Landscape architect
Loan agency
Medical doctor
Mortgage Company
Optometrist
Osteopath
Philanthropic or charitable organization
50f7
PERMITTED USES (cont.)
Physical Therapist
Podiatrist
Psychiatric/Psychiatrist
Public utilities
Real estate
Sales representative
Secretarial
Telephone answering
Travel agent
Telecommuting center
Other uses may be permitted if determined to be substantially similar to the above by the Director of
Community Development.
Leased Parking of Excess Parking Stalls for Safeway Employees. Leased Parking of Excess
Parking Stalls for Safeway Employees shall mean the lease of surface parking spaces to the
adjacent Safeway grocery store for the sole purpose of Safeway employee parking. All customer
parking for the Safeway grocery store shall be provided on the Safeway site in accordance with
the Site Development Review approval for the Safeway project. The number of parking stalls
which may be leased for Safeway employee parking at any point in time is the difference
between the total number of parking stalls provided on the property and the number of stalls
required for the retail use(s) of the property at that time.
CONDITIONAL USES
Community Clubhouse
Community Facility
Hospital/Medical Center (inpatient medical services)
Outdoor display of merchandise
Outdoor storage of materials for sale
Outdoor seating
TEMPORARY USES
Temporary uses are allowed with the issuance of a Temporary Use Permit in accordance with the
Dublin Zoning Ordinance.
3) Stage 2 Site Plan. The Stage 2 Site Plan shall be as shown on Sheet 3 of the Project Plans
prepared by Architectural Network, Inc., dated received by Dublin Planning on June 25, 2007 for PA
07 -001.
4) Site area, proposed densities.
Site Area: 1.94 net acres (84,506.40 square feet)
Commercial Square
Footage: 66,760.06 square feet maximum
Floor Area Ratio: .79 maximum (66,760.06 square feet)
60f7
5) Development Regulations. The Development Regulations for the Project shall be as shown on
the Stage 2 Site Plan, Sheet 3 of the Project Plans prepared by Architectural Network, Inc., dated
received by Dublin Planning on June 25, 2007 for P A 07-001.
6) Architectural Standards. The architectural standards shall be as shown in the Project Plans
prepared by Architectural Network, Inc., dated received by Dublin Planning on June 25, 2007 for PA
07 -001.
7) Preliminary Landscape Plan. The preliminary landscape plans is shown on Sheet L-l of the
Project Plans prepared by Architectural Network, Inc. (and Borrecco/Kilian & Associates, Inc.), dated
received by Dublin Planning on June 25,2007 for PA 07-001.
8) Applicable Requirements of Dublin Zoning Ordinance. Except as specifically provided in this
Stage 1 Development Plan, the use, development, improvement, and maintenance of the Property shall
be governed by the provisions of the Dublin Zoning Ordinance pursuant to section 8.32.060.C.
Section 5. USE. DEVELOPMENT. IMPROVEMENT AND MAINTENACE
The use, development, improvement and maintenance of the Project area shall be governed by the
provisions of the Dublin Zoning Ordinance and the Downtown Core Specific Plan except as provided in
the Stage 2 Development Plan.
Section 6. EFFECTIVE DATE AND POSTING OF ORDINANCE
This Ordinance shall take effect and be in force thirty (30) days from and after the date of its final
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 39633 of the Government Code of
California.
PASSED, APPROVED AND ADOPTED BY the City Council of the City of Dublin on this 18th
day of September 2007 by the following vote:
AYES: Councilmembers Hildenbrand, Oravetz, Sbranti, Scholz and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
~;: ~~~
Irlterim City Clerk
70f7