HomeMy WebLinkAboutOrd 14-02 PD ArmstrongGardenORDINANCE NO. 14 - 02
AN ORDINANCE OF THE CITY OF D'UBLIN
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
WHEREAS, the City Council did hear and use their independent judgment and considered ail said
reports, recommendations, and testimony hereinabove set forth.
. VqHEREAS, 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 oft he 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 ail
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 physicaily 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 heaith 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 ail 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
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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
Conditional Use 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:
PD
PA-O2-Ou
R-S-D-20
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SECTION 2.
The regulations of the use, development, improvement, and maintenance o£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 §.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 Councilmcmbers voting for and against the same, in a local newspaper published in Alameda County
and available in the City o£Dublin.
SECTION 5.
The City Clerk o£the City o£Dublin shall cause this Ordinance to be posted in at least three (3)
public places in the City o£ Dublin in accordance with Section 36933 of the Government Code of the State
ot California. !~ay
PASSED, APPROVED AND ADOPTED thi of September 2002 by the following votes:
AYES:
NOES: None
ABSENT: None
ABSTAIN: None
Councilmembers McCormick, Oravetz, Sbranti and Zika and Mayor Lockhart
Clefk
K2/G/9-17-02/ord-armstrong.doc (Item 6.3)
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 I 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.
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
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.
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
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modifications to the project shall be substantially consistent with these plans and of equal or
superior materials and design quality.
Phasing Plan: The project shall be constructed in one phase of development. If the
Developer/Applicant decides to constmct the project in phases, a phasing plan shall be submitted
for the review and approval of the Community Development Director.
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 Frontaee: 60 feet minimum
Lot Depth:
1 O0 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.
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.
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