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HomeMy WebLinkAbout8.2 Attmt 2 Ord 18-00ORDINANCE NO. 18 - 00 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING THE ZONING MAP TO REZONE PROPERTY LOCATED NORTH OF DUBLIN BOULEVARD AND WEST OF TASSAJARA ROAD (APN 986-0005-028 (A PORTION) AND 005) TO A PLANNED DEVELOPMENT ZONING DISTRICT AND ADOPTING A DEVELOPMENT PLAN FOR EMERALD GLEN VILLAGE CENTER (PA-00-003) WHEREAS, the applicant, Shea Properties, has requested approval of a Planned Development Rezone/Development Plan for Emerald Glen Village Center as shown in the Development Plan (attached as Exhibits A-1 & A-2) on land generally located north of Dublin Boulevard and west of Tassajara Road (APN 986-0005-028 (a portion) and 005); and WHEREAS, the Applicant has submitted a complete application for a Planned Development Rezone, including a Development Plan (Exhibits A-1 & A-2) for Emerald Glen Village Cemer as required by Chapter 8.32 of Title 8 of the Dublin Municipal Code which meets the requirements of said Chapter; and WHEREAS, the site will be rezoned from "Planned Development " to `planned Development"; and WHEREAS, the potential environmental effects of the proposed project have been previously addressed in the Eastern Dublin Specific Plan EIR (SCH No. 91-103064); and WHEREAS, an Initial Study has been prepared for the project, to evaluate site-specific impacts of the project (to a greater level of detail than in the Program EIR) pursuan to CEQA guidelines Section 15168. Based on the Initial Study, a Mitigated Negative Declaration and Mitigated Monitoring Program has been prepared for the project with the finding that with the implementation of Mitigation Measures previously adopted for the Program EIR and with site specific Mitigation Measures contained in the Initial Study, the potential site-specific impacts of the project would be reduced to a level of insignificance. The Program EIR and Initial Study adequately describe the impacts of the project, and there have been no substantial changes or new information that would be outside the scope of the Program EIR; and WHEREAS, the Planning Commission did hold a properly noticed public hearing on said applications on July 11, 2004, and did adopt a Resolution recommending that the City Council approve a Planned Development Rezoning and Development Plan for Emerald Glen Village Center (PA 00-003}; and WHEREAS, a properly noticed public hearing was held by the City Council on July 18, 2000; and August 1, 2000; and WHEREAS, a Staff Report was submitted recommending that the City Council approve the application; and WHEREAS, on July 18, 2000 the City Council adopted a Mitigated Negative Declaration and Mitigation Monitoring Program for Emerald Glen Village Center (PA 00-003); and WHEREAS, pursuant to Section 8.32.070 and 8.120.050 of the Dublin Municipal Code, the City Council makes the following findings: ATTACHMENT 2 1. The proposed Planned Development Rezone meets the intent and purpose of Chapter 8.32 of the Zoning Ordinance because it provides a comprehensive Development Plan which will create a desirable use of land and an environment that will be sensitive to surrounding land uses by virtue of the layout and design of the site plan. A mixed-use development involving residential and retail commercial uses is consistent with the policies of the Eastern Dublin Specific Plan for a General Commercial use on this site; and 2. The Planned Development Rezone is consistent with the general provisions, intent and purpose of the PD Zoning District of the Zoning Ordinance. The Planned Development Rezone will be appropriate for the subject property in terms of setting forth the purpose, applicable provisions of the Dublin Zoning Ordinance, range of permitted and conditionally permitted uses and Development Standards, which will be compatible with existing and proposed residential, commercial and public uses. in the immediate vicinity and will enhance the development of the Specific Plan Area; and 3. The planned Development Rezone is consistent with the general provisions, intent, and purpose of the Eastern Dublin Specific Plan and will contribute towards implementation of said Plan; and 4. The Planned Development Rezone is consistent with the general provisions, intent, and purpose of the PD Zoning District of the Zoning Ordinance in that it contains all information required by Section 8.32 of the Zoning Ordinance and accomplishes the objectives of Section 8.32,010, A through H, of the Zoning Ordinance; and 5. The Planned Development Rezone will provide efficient use of land pursuant to the Eastern Dublin Specific Plan that encourages the development of mixed-use projects as a means of reducing auto traffic, promoting pedestrian activity and creating a vital retail enviranrnent; and 6. The Planned Development Rezone 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 regulations will be met; and 7. The Planned Development Rezone will not overburden public services or facilities as all agencies must commit to the availability of Public Services prior to the issuance of any building permits as required by the Eastern Dublin Specific Plan policies and Mitigation Measures; and 8. The Planned Development Rezone will be consistent with the policies of the Dublin General Plan; and 9. The Planned Development Rezone and accompanying Site Development Review, will be compatible with and enhance the general development of the area and will create an attractive, efficient and safe environment; and 10. The Planned Development Rezone will benefit the public necessity, convenience and general welfare; and 11. The adopted Eastern Dublin Specific Plan Mitigation Monitoring Program and the additional site specific mitigation measures identified in the Initial Study (Attachment 6 to StaffReport) will apply to the Project, along with the conditions made a part of project approval, as the reporting and monitoring program required by Public Resources Code 21081.6 for the Project WHEREAS, the City Council did hear and use their independent judgment and considered all said reports, recommendations.and testimony hereinabove set forth. NOW, THEREFORE, the Dublin City Council does ordain as follows: Section 1: Pursuairt 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 Zoning District: Approximately 19 acres of land know as Emerald Glen Village Center (Alameda County Surplus Property Authority, Site 3) on land generally located north of Dublin Boulevard, west of Tassajara Road, more specifically described as Assessor's Parcel Numbers: 986-0005-028 (a portion) and 005. A map of the rezoning area is shown below: .~se \ ~~ Cp°t p`$meba :sr u~rr uac ~ DU~LiRT F C ~~ ~; GIWASON RDAD ~ - -• ~ .' .' C - S C ~ ~~ SUBJ ECT ~ s ~ ' I DLiz71K !BOULEVARD ; ~ =`. { 5a ~ I-580 (= S~ { ~= j ~ m. SECTION 2. The regulations of the use, development, improvement, and maintenance of the Property are set forth in the Development Plan for the Emerald Glen Village Center (Exhibits A 1 & A-2. hereto) which are 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 in the Development Plans, the use, development, improvement and maintenance of the Property shall. be governed by the provisions of the Dublin Zoning Ordinance. SECTION 4. 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 5 This ordinance shall take effect and be enforced thirty (30) days from and after its passage. 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 same, in local newspaper published in Alameda County and available in the City of Dublin. PASSED AND ADOPTED BY the City Council of the City of Dublin, on this l~ day of August, 2000, by the following votes: AYES: Councilmember Howara~ Vice Mayor Lockhart and Mayor Houston NOES: Councilmember Zika ABSENT: Councilmember McCormick ABSTAIN: None Mayor ATTEST: ~~ Cler K2/G/8-1-00/ord-eg-rezone.doc (Item 6.1) g:1PA00-003~+ezurd.doc DEVELOPMENT PLAN -EMERALD GLEN VILLAGE CENTER (SITE 3, ACSPA) This is a Development Plan pursuant to Chapter 8.32 of the Dublin Zoning Ordinance for Emerald Glen Village Center PA 00-003, located north of Dublin Boulevard and west of Tassajara Road, south of future Central Parkway and east of future Park Drive (APN 986-0005-028 (a portion) and 005). This Development Plan meets all of the requirements for Stage 1 and Stage 2 review of the project. This Development Plan includes Site, Architectural, Circulation, and Landscape Plans, other plans and exhibits dated received June 13, 2000, labeled Exhibit A-2 to the Ordinance approving this Development Plan (City Council Ordinance No. -00), and on file in 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, Eastern Dublin Specific Plan, and provisions of Section 8.32 of the Zoning Ordinance are satisf ed. 1. Zoning: PD Planned Development Zoning District. This is a mixed-use zoning district which provides for retail commercial, service and multi-family residential uses. 2. Permitted Uses: The following are permitted uses in this PD / C-N / R-M Planned Development (Neighborhood Commercial and Multi-Family Residential) Zoning District: a. Local-serving retail uses including but not limited to: y Grocery Food Store General Merchandise Store. Discount/Warehouse Retail Store. Clothing/Fashion Store. Shoe Store. Home Furnishing Store. Office Supply Store. Home Appliance/Electronics Store. Home Improvement Store. Music Store. Hobby/Special Interest Store. Gifts/Specialty Store. Jewelry and Cosmetic Store. Drug Store. Auto Parts Store. Toy Store. Book Store. Pet Supplies Store (Including In-Store Veterinary Clinic). Sporting Goods Store. + Similar Uses that sell goods based on price and quality. b. Office and service establishments including, but not limited to, the following: Bank/Savings and Loan. Real Estate/Title Office. Travel Agent. EXHIBIT A-1 Legal. Accounting. Medical and Dental. Optometrist. Architect. Employment Agency HairlBeauty Salon. Cleaner and Dryer. Shoe Repair. Key Shop. Tailor. Athletic Club. Formal Wear/Rental. Other Administrative and Professional Office. Technology Access Center. Tele-Commuting Center. Eating, drinking and entertainment establishments including, but not limited to, the following: Restaurant (full-service, sit-down) ` Restaurant (convenience: Delicatessen, Bakery, Ice Cream Shop, Sandwich .Shop)' Outdoor Seating z Wine or Liquor Bar with On-Sale Liquor License. Micro-Brewery. Nightclub. Indoor Movie Theater. Specialty Food. Video Arcade/Rentais. d. Multi-family residential and associated uses including, but not limited to, the following: Accessory structures and uses Home occupations (per Chapter 8.64) Multi-family dwelling Multi-story parking structure Private recreation facility/small (for homeowners' association and/or tenants use only Rental /Management Office 1. Under the proposed tenant mix for Emerald Glen Village Center, sit-down restaurant uses would account for 9, 350 square feet of net floor area and convenience restaurant uses would account for 17, 210 square feet of net floor area. Prior to approving a tenant improvement /City business license for additional restaurant floor area within Emerald Glen Village Center, the applicant shall provide evidence to the satisfaction of the Community Development Director that parking available at the center is adequate to support additional restaurant uses. ' 2. Subject to Site Development Review Waiver approval by Community Development Director. 2 --~~ 3. Conditional Uses: The following are conditional uses in this PD / C-N / R-M Planned Development (Neighborhood Commercial and Multi-Family Residential) Zoning District: Community, Religious and Charitable Institutional Facilities. Public Facilities and Uses. Veterinary Office. Recycling Center. In-Patient and Out-Patient Health Facilities as Licensed by the. State Department of Health Services. Gas Station. Automobile Sales. Automobile Service. HotellMotel. Drive-Through Facilities, including Restaurants, financial and automobile services. Outdoor Food Vendors (by Zoning Administrator) 3. Dublin Zoning Ordinance -Applicable Requirements: Except as specifically modified by the provisions of this PD District Rezone/Development Plan, all applicable general requirements and procedures of the Dublin Zoning Ordinance shall be applied to the land uses designated in this PD District Rezone. 4. Site Plan & Architecture: See attached site plans and building elevations contained in Exhibit A-2, Development Plan. This development plan applies to approximately 18.73 acres shown on this plan on the west side of Tassajara Road, north side of Dublin Boulevard. Any modifications to the project shall be substantially consistent with these plans and of equal or superior materials and design quality. 5. Density: The maximum square footage/number of dwelling units of the proposed development under this Development Plan (as shown on the site plan, Exhibit A-2) are as follows: Neighborhood Commercial 7.4 acres Net 10.5 acres Gross 134,025 Sq. Ft. building area Multi-Family Residential 5.6 acres Net 8.2 acres Gross 390 Units 47.6 Du/Ac. 6. Phasing Plan: Not Applicable. Project is to be built in one phase. 3 _ _ __ 7. Neighborhood Commercial Development Standards: Development Standards Neighborhood Commercial Minimum Parcel Size N/A Parcel Depth N/A Parcel Width N/A Minimum building setback from face of curb - Glynnis Rose Drive 25'-0"l,z Minimum building setback from face of curb -Dublin Boulevard and Tassajara Road 30'-0"'~ Building Height 50'-0" Office Parking. 1/250 s.f.3 Retail Parking 11300 s.f.3 Restaurant Parking (convenience) 1/150 s.f.3 Restaurant Parking (sit-down) 10/1000 s.f.3 Maximum commercial floor area ratio .30 1. The setback zones shall be fully landscaped with both hardscape (private sidewalks and other hard surfaced areas) and so8scape (trees, shrubs, ground cover, etc.) 2. Exceptions to above setback requirements are the following: a. Architectural projections, (such as columns, fireplaces, bay windows, window seats, second floor overhangs, balconies, decks, porches, building facades at entries) and planter boxes may encroach up to a maximum of two feet into the required setback. b. Freestanding signage as permitted in the Master Sign Program. c. Decel lanes required by the City of Dublin at the entrances to the site. d. Outdoor seating areas may encroach up to a maximum of four feet into the required setback. 3. The number of parking spaces. required for a structure or use is based on the leasable floor area of the structure or use the parking serves. 4 8. Multi-Family Residential Development Standards: Development Standards Multi-Family Residential Lot Size NIA Minimum building setback from face of 25'-0"'•Z curb -Central Parkway and Glynnis Rose Drive Minimum Building Setback from face of 30'-0"'°2 curb - Tassajara Road Minimum Private Open Space 100 s.f. patio w/ a 10' min. dimension or 50 s.f. deck with a min. Dimension of 5' Common Open Space 50 s.f. of common open space per dwelling unit. The minimum dimension of any space satisfying this standard is 10'. This common open space shall be improved for either passive or active use by the. residents. Maximum Building Height 56'-0" Maximum Stories 4 stories Required Parking 1.85 spaces /dwelling unit Maximum residential unit density 47.6 units/acre The setback zones shall be fully landscaped with both hardscape (private sidewalks and other hard surfaced areas) and softscape (trees, shrubs, ground cover, etc.) Exceptions to above setback requirements are the following: a. Architectural projections, (such as columns, fireplaces, bay windows, window seats, second floor overhangs, balconies, decks, porches, building facades at entries) and planter boxes may encroach up to a maximum of two feet into the required setback. b. Freestanding signage as permitted in the Master Sign Program. c. Decel lanes required by the City of Dublin at the entrances to the site. 9. Parking/Garage and Loading: Parking/Garage and Loading shall be provided in accordance with the Dublin Zoning Ordinance standards and regulations, except as shown otherwise on the Site Plan (Exhibit A-2). The number of parking spaces shall be provided in accordance with sections 7 and 8 above. 10. Architectural Design Guidelines, Concepts & Themes: Implementation of the following standards is required: Architecture associated with a specific corporate entity is not permitted. As an exception, corporate architecture may be considered if it is consistent with the design and intent of the Emerald Glen Village Center as shown below and presented in these Architectural Design Guidelines. Unique and consistent architecture that is in keeping with the eclectic Mediterranean theme of the project shall be a requirement for ail structures on the project site. Concept and Character: • The architecture shall complement the style of the surrounding buildings and landscaping in the Emerald Glen Village Center. • Common design elements from the surrounding buildings in the Emerald Glen Village Center shall be incorporated into the individual building design. • The goal for the center is to evoke the feeling of an urban village as opposed to a suburban shopping center or apartment complex. • "Corporate Themes" shall be discouraged and the .eclectic Mediterranean theme of the project shall be a requirement for all structures on the project site. Form and Massing: • Building design shall employ varied forms to break down the scale of larger buildings to appear as if there are several smaller buildings that may have evolved. over time instead of one large building built all at once. • Building design shall provide for transitional spaces such as trellises, arcades, pergolas, etc. between indoor and outdoor areas. • Wall planes shall provide variations in thickness and offsets to avoid the look of large open expanses of blank wall. Building Height: • Building heights will vary throughout the project. Refer to Sections 7 & 8 above for height limits in this district. Building Entries: • Primary building entries shall be visible from the street. • Landscaping shall be designed to highlight the entry. • Enhanced paving is encouraged at the building entries. • A strong connection between the street and sidewalk and the building entry shall be provided. Pedestrians shall be able to access the building entry from the public sidewalk without having to walk between parked cars. Fenestration: • Openings in walls for windows and or doors shall be recessed into building walls to provide an enhanced level of detail. • Individual punched openings are encouraged instead of continuous lengths of storefront or windows. • Metal storefront and window frames shall be primed and painted to match the approved palette of colors for the center. Materials: • The primary wall surface material shall be exterior cement plaster or EIFS finish system when finished to match plaster. • Wall accents shall be ceramic the and/or precast concrete medallions. • Cornice molding caps shall be cement plaster, GFRC or EIFS. The finish shall match the exterior wall finish. 6 • Sheet metal flashing shall be painted to match the adjacent surface. • Decorative columns shall be precast concrete or GFRC. • Trellis elements shall be metal or wood. • Decorative brackets at cornice shall be stained wood. • Awnings shall be of approved fabric with painted metal frames. . Colors and Textures: • The color and texture of building materials shall complement surrounding buildings in the Emerald Glen Village Center. • Colors and textures shall be as shown on the approved color and material board {on file at the Dublin Planning Department) for the Emerald Glen Village Center. Minor variations are acceptable provided that they are in keeping with the spirit of the overall Design Guidelines. Roof Forms and Materials: • Flat roof forms with parapets are the primary roof forms for the Emerald Glen Village Center. • Accent elements such as corner towers or entry features is encouraged. These features may have clay file roofs. The clay roofing file shall match the approved roofing file for the Emerald Glen Village Center. • Decorative cornice molding is encouraged at parapet walls. • Larger overhangs may be used at accent areas and may be supported by decorative wood brackets. 7 ~~ EMERALD GLEN V[LLAGE - "TME AVENUE" -URBAN VILLAGE CONCEPT CONCEPT AND CHARACTER EMERALD GLEN YiIIAGE Dublin. CA 6/06/2000 99025-P04 ARCHITECTURE ~ AND PLANNING 200 Plne srree~, sn~alo soa Saa Fyancisco, CA 94104 (41s? 983-0131 7'ENAI~tr SIGNAGI: 51,E 5l61V/1GE 6WDL111~5 FOR ALJ.OWPBLI+ WALL! FASCIA 5IGPtAAGfr o RerA 6FRG ARCH. MOUL.DIN6 -- GAP/TRIM f'RE-CAST MIFDALLION FIWSFI WALL~~ Orange ~ SAUDA~E Y TI DEGORATNE ACCENT TILES 5TA1lJED WOOD TAt1~L FASCIA yVp,LL B+ID-GPi AFZGH. F 5GORED FACT. BFS TOW6t t 570000 FINISH WALL A rlax.Dlr cAPrntl & Down I ~ ~`\`f. ~~~ I ~yT~liS PRE-GR CONGR£ COLUMBJ (COLOR OPTIONS AYAILABL.F,1 YV/ PAINTED MTL. 5JPPORTS SIGNAGE AT AWNING PL'R SIGNAGE 6Uq~ELINES-EXH.-K TYPICAL ELEVATION CONCEPT GPRC ARCH. rlouL.DlrtG GAP/TRiM PRE-CAST MtEDALL10N• EXT. EiFS/STIKGO FINISH WALL 1 r-------- ----- ----~---~ L---------- ---- --J ~. ALUMINUM STOREFRONT SYSTE (COLOR OPT10N5 AVAILABLIa YY! FUND TRANSOM GLAZING ABOVE ENTRY 1700R(5) t/OR D15PLAY GLAZING, TYP. FENESTRATION TREATMENT FORMS AND MASSING ALUMINUM( STORI~RONT SY57E (COLOR OPTIONS AYAILABlf1 W/ FIXED TRAN~aOM GLAZING ABOVE ENTRY DOOR(S) t/OR DISPLAY GLAZING •57AINED WOOD 'TREl.L15 •PRE-GA5T GONGRE'fE GOLI~I 5~ SlGNA6E GLgDi3.JNE5 FOR ALLOWABLE WALL/ FASCIA 5t6NAGE o RETAIL ~------------------r----~ L--J L..J GANYAS AWNINGS-~ (COLOR OPTIONS AVAILABLE) W/ PAINTED hTTL. SUPPORTS SIGNAGE AT AN9dtNG Plat SIGNAGE GUIDELINES ~. _ J CORNER ENTRY TOWER W/ HIGF+ I3~ITRY GLAZING -~ PAINTED I~TAL ENTRY ~--' AWNINb5 (GOL.OR OPTIONS AVAILABLE) W/ PAINTED MTL.. SUPPORT' n SIGNAGE AT f~!!N6 P~ I' S1GNA6E 6UID$.INE~i EMERALD GLEN VILLAGE Dublin, CA 6/06/20 99025-P( ARCHITECTUF ~ • AND PLANNIl~ 200 Pine Sweet. Srudio_ San Francisco, CA 941 (4F5) 983-01 _~ 11. Landscaping Plan: Refer to attached conceptual Landscape plan included in Exhibit A-2, Development Plan, Sheets Ll-L8. 13. Inclusionary Zoning Ordinance: Applicant /Developer shall comply with the provisions of the City Inclusionary Zoning Regulations through the approval and execution of an Affordable Housing Agreement prior to Final Map approval. In accordance with the Inclusionary Zoning Regulations, the applicant/developer shall either provide 19 inclusionary housing units available to very low, low and moderate income households as part of the development or pay the Inclusionary Housing In-Lieu Fee in the amount in effect at the time of building permit issuance or otherwise demonstrate to the City how alternate methods will meet the requirements of the Inclusionary Zoning Ordinance. 14. Compliance with related Planning Approvals: The Applicant/Developer shall comply with all the related Site Development Review, Tentative Parcel Map and Master Sign Program Site Development Review conditions of approval far PA 00-003. 10