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Home My WebLink About6.3 ArmstrongGardenPDRez CITY CLERK FILE #410-55 AGENDA STATEMENT CITY COUNCIL MEETING DATE: September 17, 2002 SUBJECT: PUBLIC HEARING PA 02-009 Armstrong Garden Center (Second Reading) Planned Development Rezoning Prepared by Janet Harbin, Senior Planner ATTACHMENTS: 1. City Council Ordinance approving a Planned Development (PD) Rezoning and Development Plan (with Development Plan attached as Exhibit A) RECOMMENDATION: 1. Open public hearing 2. Receive Staff presentation and public testimony. 3. Close public hearing and deliberate. 4. Waive the second reading and adopt the Ordinance (Attachment 1) approving the Planned Development (PD) Rezoning and Development Plan (Exhibit A) for PA 02-009. PROJECT DESCRIPTION: An Ordinance approving a Planned Development (PD) District Rezoning and Stage 1 and 2 Development Plan to construct an approximately +30,810 square foot retail garden store/center consisting of a 6,400 square foot retail sales building and adjacent 24,410 square foot outdoor storage/display area. The project site is located at 7360 San Ramon Road, at the northwest comer of San Ramon Road and Amador Valley Boulevard. According to the "General Development Criteria - Zoning" section of the San Ramon Road Specific Plan, all new development proposals within the Specific Plan area requirea Planned Development Zoning District approval. Included in the rezoning is an exemption (25%) to the standard parking requirements as permitted under the provisions of the San Ramon Road Specific Plan for Area 3 of the Specific Plan Planning Commission Action On August 13, 2002, the Planning Commission adopted Resolutions 02-28, 02-29, and 02-30, recommending that the City Council adopt the San Ramon Road Specific Plan Amendment and the ordinance approving the Planned Development (PD) District Zoning and Development Plan for the Armstrong Garden Center. Additionally, the Planning Commission recommended that the City Council approve the Conditional Use Permit, Site Development Review and Sign/Site Development Review for the project. City Council Action On September 3, 2002, the City Council heard a presentation from Staff and the Applicant for the project, and received comments from the .Public on the project. At the public hearing, the City Council adopted COPIES TO: Applicant Property Owner PA File Project Manager ITEM NO. __~ G:\pa02-009\CC-sr2ndreading.doc the San Ramon Road Specific Plan Amendment, and approved the Conditional Use Permit, Site Development Review and the Sign/Site Development Review for the project with a revised condition addressing reduction of the fence height from 8 feet to 6 feet for the front yard outdoor storage area, and the addition of directional sign on the site for both the Sleep Shop, Ltd. and McNamara's. The City Council waived the first reading of the Ordinance adopting the Planned Development Rezoning and Stage 1 and 2 Development Plan for the Armstrong Garden Center. ANALYSIS: As required by the City of Dublin Municipal Code, a second reading of the proposed Ordinance is necessary prior to final adoption of the Development Agreement, RECOMMENDATION: Staff recommends that the City Council: 1) Open the Public Hearing; 2) Receive Staff presentation and public testimony; 3) Close public hearing and deliberate; 4) Waive the second reading and adopt the Ordinance (Attachment 1) approving the Planned Development (PD) Rezoning and Development Plan (Exhibit A) for PA 02-009. ORDINANCE NO. -02 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING THE ZONING ORDINANCE TO ADOPT THE PLANNED DEVELOPMENT (PD) REZONING / DEVELOPMENT PLAN FOR PA 02-009 ARMSTRONG GARDEN CENTER, LOCATED AT 7360 SAN RAMON ROAD (APNs 941-0040-003-02 & 941-0040-002-03) WHEREAS, the Applicant, Ted J. Stelzner of TJS Architects, Inc., on behalf of Armstrong Garden Centers, has requested approval of an amendment to the San Ramon Road Specific Plan, Planned Development Rezoning, Conditional Use Permit, Site Development Review and Sign/Site Development Review to construct an approximately 30,810 square foot retail garden center, consisting of a 6,400 square foot retail sales building and adjacent 24,410 square foot outdoor storage/display area, with an exemption to the parking requirements, which is located at 7360 San Ramon Road, within the San Ramon Road Specific Plan and the C-l, Retail Commercial Zoning District; and WHEREAS, according to the "General Development Criteria" section of the San Ramon Road Specific Plan, all new development proposals within the Specific Plan area shall require a Planned Development Zoning; and WHEREAS, Applicant/Developer has submitted a complete application for a Planned Development District Rezoning, including a Development Plan (Stage 1 and 2), as required by ;Section 8.32 of the Zoning Ordinance which meets the requirements of said section, which is available and on file in the Planning Department; and WHEREAS, the project has been reviewed in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the City of Dublin Environmental Guidelines and is Categorically Exempt from the provisions of CEQA, the State CEQA Guidelines and the City of Dublin Environmental Guidelines, under Section 15061(b)(3) and Section 15332, as there is no potential for significant environmental effects to occur as a result of the project and the project would be located on an infill site which was previously improved; and WHEREAS, the Planning Commission did hold a public hearing on the Planned Development ) District Rezoning and Development Plan on August 13, 2002 and did adopt Resolution Nos. 02-28; 02- 29; and, 02-30, recommending that the City Council adopt the Specific Plan Amendment; Planned Development Rezoning and Conditional Use Permit/Site Development Review, respectively, with modifications to the Project Plans as shown in Exhibit A of Resolution 02-29; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a properly noticed public hearing was held by the City Council on September 3, 2002; and WHEREAS, a Staff Report was submitted to the City Council recommending that the City CoUncil approve the project and adopt this Ordinance and the related resolutions; and ATTACHMENT 1 WHEREAS, the City Council did hear and use their independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. WHEREAS, pursuant to Sections 8.32.070 and 8.120.050 of the Dublin Municipal Code, the Dublin City Council does hereby make the following findings and-determinations regarding said proposed PD, Planned Development Rezoning and Stage 1 and 2 Development Plan: 1. The 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 day care uses that are appropriate uses for the site, which is located within Area 3 of the San Ramon Road Specific Plan which promotes the development of retail shopper stores, and which is located near adjacent retail and medium to high density residential land uses. The comprehensive Development Plan will be sensitive to surrounding uses by virtue of site layout and design of the architecture and site plan; and 2. 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 due to site design/layout, architecture design, setback, parking and landscaping requirements of the Planned Development Zoning District, which are adequate and have been specially designed to fit into the existing neighborhood. Both uses are supportive of surrounding retail and residential uses through the provision of day care and education services for adjacent residents and children of workers in the surrounding commercial areas, and supportive of similar surrounding retail commercial uses; and 3. The Planned Development Rezoning is consistent with the general provisions, intent, and purpose of the Planned DevelOpment Zoning District of the Zoning Ordinance in that it contains all information .required by Section 8.32 of the Zoning Ordinance for a Stage 1 and Stage 2 Development Plan and accomplishes the objectives of Section 8.32.010, A thrOugh H, of the Zoning Ordinance; and 4. The subject site is physically suitable for the type and intensity of the zoning district being proposed because it is located on relatively flat land within a developed downtown area adjacent to existing retail commercial uses and medium to high density residential uses, 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 5. The Planned Development Rezoning will not have a substantial adverse effect on health or safety or be substantially detrimental to the public welfare or be injurious to property or public improvement as all applicable laws and regulations will be satisfied; and 6. The Planned Development Rezoning will not overburden public services as all agencies must commit to the availability of public services prior to the issuance of building permits as required by City laws and regulations; and 7. The planned Development Rezoning and accompanying Conditional Use Permit and Site Development Review, with proposed improvements, will create an attractive, efficient, and safe envirOnment; and 2 8. The Planned Development Rezoning will benefit the public necessity, cOnvenience, and general welfare; and 9. The Planned Development Rezoning and aCCompanying Site Development Review and ConditionaiUse Permit will be compatible with and enhance the general development of the area; and 10. The proposed amendment is consistent with the Retail/Office designation of the Dublin General Plan, and the proposed use type is 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 1.162 acres at 7360 San Ramon Road (APNs 941-0040-002-03 and 941- 0040,003-02) located at the northwest comer of San Ramon Road and Amador Valley Boulevard. A map of the Property is outlined below: P "(.c-1) PA-02-00 ¢-1 R-,S-D-20 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 A hereto) which is hereby approved. Any amendments to the Development Plan shall be in accordance with Section 8.32.080 of the Dublin Municipal Code or its successors. SECTION 3. Except as provided by the Development Plan, the use, development, improvement and maintenance of the Property shall be governed by the provisions of the Dublin Zoning Ordinance. SECTION 4. This ordinance shall become effective and be enforced thirty (30)days following its adoption. Before the expiration of fifteen (15) days after its passage, it shall be published once, with the names of the Councilmembers voting for and against the same, in a local newspaper published in Alameda County and available in the City of Dublin. SECTION 5. 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 this 3rd day of September 2002 by the.following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 4 DEVELOPMENT PLAN This is a Development ~Plan pursuant .to Chapter 8.32 of the Dublin Zoning Ordinance for PA 02- 009 Armstrong Garden Center project, located on the northwest corner of Amador Valley Boulevard and San Ramon Road, at 7360 San Ramon Road (APNs 941-40-3-2 & 941-40-2-3). This Development Plan meets all the requirements for Stage 1 and Stage 2 review of the project. This.Development Plan includes the Project General Information, Site Plan, Utility Plan, Irrigation and Planting Plans, Floor Plan and Exterior Elevations, Roof Plan, Clerestory Plan, and other related plans, Sheets A1 through A8 and L1 and L2, dated received July 1 and August 3, 2002, and labeled Exhibit A of the associated Conditional Use Permit, Site Development Review, and Sign/Site Development Review, and on file with 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, San Ramon Road Specific Plan, and provisions of Section 8.32 of the Zoning Ordinance are satisfied. 1. Permitted and Conditional Uses: Permitted Uses As provided for in the San Ramon Road Specific Plan Conditional Uses Garden Center/Store All other Permitted and Conditional Uses as established by the San Ramon Road Specific Plan. 2. Site Area/Densities: The maximum square footage of the proposed garden center development for the parcels covered under this Development Plan (and as shown on the Site Plan contained in Exhibit A, to the associated Conditional Use Permit, Site Development Review, and Sign/Site Development Review), are as follows: Site Area: + 1.16 acres 6,400 square foot building 24,410 square foot outdoor storage/display area 3. Dublin Zoning Ordinance - Applicable Requirements: Except as specifically modified by the provisions of this PD District Rezoning and Stage 1 and 2 Development Plan, the 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 uses, land use restrictions and minimum/maximum development criteria. EXHIBit A 4. Site Plan and Architecture: See Accent Area, Site Plan, Floor and Exterior Elevation plans, Sheets Al-l, A2, A3, A4, and A5 contained in Project Plans, Exhibit A of the associated ConditiOnal Use Permit, Site Development Review, and Sign/Site Development Review. Any modifications to the project shall be substantially consistent with these plans and of equal or superior materials and design quality. 5. Phasing Plan: The project shall be constructed in one phase of development. If the Developer/Applicant decides to constrfict the project in phases, a phasing plan shall be submitted for the review and approval of the Community Development Director. 6. Landscaping Plan: Refer to attached Planting and Irrigation Plans included in the Project Plans, Exhibit A of the associated Conditional Use Permit, Site Development Review and Sign/Site Development Review, Sheets L1 and L2. 7. Development Standards: Lot Size: 6,000 sq..ft, minimum Lot Width and Frontage: 60 feet minimum Lot Depth: 100 feet minimum Front, Rear and Side Yard Setbacks: See the C-1, Retail Commercial Zoning District setback regulations, Chapter 8.36.030 of the Zoning Ordinance. Building Height: 45 feet maximum 35 feet maximum if principal structure is within 50 feet of an R zoning district Parking: Parking shall be generally provided as shown on the Site Plan in Project Plans, Exhibit A of the associated Conditional Use Permit, Site Development Review and Sign/Site Development Review, Sheet A2, as modified and approved through the related Conditional Use Permit and Site Development Review for PA 02-009. All drive aisles and fire lanes shall be kept clear at all times. 8. Compliance with Related Planning Approvals: The Applicant/Developer shall comply with all the related Conditional Use Permit, Site Development Review and Sign/Site Development Review conditions of approval for PA 02-009. G:\pa02-009\ PD Ordinance - CC