HomeMy WebLinkAbout8.1 Attch 2, Exh A ResoAdoptOrdStage1GraftonPlazaORDINANCE NO. XX -10
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*************
APPROVING A PD-PLANNED DEVELOPMENT REZONE AND RELATED STAGE 1
DEVELOPMENT PLAN FOR THE GRAFTON PLAZA PROJECT
(APN 985-0061-010 & 985-0061-004)
PA 07-006
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. RECITALS
A. The Grafton Plaza project site is located in Dublin Ranch Area H. Through Ordinance 6-00,
the City Council adopted PD-Planned Development zoning and a related Stage 1 Development
Plan which, among other approvals, established the maximum square footage of development
for Dublin Ranch Area H, including a maximum of 860,528 square feet and an average density
of 0.45 FAR for Campus Office parcels.
B. The approved Stage 1 Development Plan designated the Grafton Plaza project site as
Campus Office, and allowed campus office uses, conditional uses (e.g., hotel/motel), temporary
uses, and residential uses (on no more than 50% of the developed area) subject to specified
conditions.
C. The Grafton Plaza project formalizes the residential mixed use and campus office
development options that have long been in the Campus Office land use designation. Through
Resolution XXX-10, the City Council approved a new Mixed Use 2/Campus Office land use
designation in the General Plan and Eastern Dublin Specific Plan for the Grafton Plaza site.
This is a flex designation that allows future development of the site as a mixed use residential
project or as a campus office project.
D. The Grafton Plaza Stage 1 Development Plan, as set forth below, provides for future
development of Option 1 as a mixed use residential project or Option 2 as a campus office
project. Future developers may choose either option through approval of a PD-Stage 2
Development Plan and related Site Development Review.
E. The Planning Commission recommended adoption of the PD-Stage 1 Development Plan
through Resolution XXX following a properly noticed public hearing on April 13, 2010.
F. The City Council considered the Planning Commission recommendation at a properly
noticed public hearing on , 2010 at which time all interested parties had the opportunity
to be heard. The City Council considered the adopted Mitigated Negative Declaration and prior
environmental documents, and all above referenced reports, recommendations and testimony to
evaluate the Project, including the PD zoning.
EXHIBIT A TO
ATTACHMENT 2
Section 2. FINDINGS
A. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as
follows:
The Grafton Plaza Planned Development Zoning, including a Stagel Development
Plan, meets the purpose and intent of Chapter 8.32 in that it maintains the character
and density of the previously approved development plan while providing the potential
for a more diverse mix of uses through the residential mixed use option. The
development plans maintain a desirable use of land that complements surrounding
land uses, in particular that provides office and other non-residential uses in close
proximity to residential uses and anticipated retail uses in the Promenade
development to the north of the site.
2. The PD rezone with Stagel Development Plan will be harmonious and compatible
with existing and potential development in the surrounding area in that the Project
continues to reflect and implement the type and scale of development envisioned in
the General Plan and Eastern Dublin Specific Plan. The Project is generally similar to
the character and density of the previously approved PD Stage 1 Development Plan.
It provides attractive and interesting development on a visible site and maintains
pedestrian and bicycle connectivity to anticipated retail uses nearby and to nearby
residential development.
B. Pursuant to Section 8.120.050.A and B of the Dublin Municipal Code, the City Council
finds as follows:
The PD rezone with Stagel Development Plan will be harmonious and compatible
with existing and potential development in the surrounding area in that the Project
continues to reflect and implement the type and scale of development envisioned in
the General Plan and Eastern Dublin Specific Plan. The Project is generally similar to
the character and density of the previously approved PD Stage 1 Development Plan.
It provides attractive and interesting development on a visible site and maintains
pedestrian and bicycle connectivity to anticipated retail uses nearby and to nearby
residential development.
2. The Project site is physically suitable for the type and intensity of the zoning district
being proposed in that the site contains no significant physical constraints. It slopes
gently from north to south and has previously been graded and filled. The Project
maintains the general character and density of the previously approved PD Stage 1
Development Plan and will implement all Project and previously adopted CEQA
mitigation measures related to potential environmental impacts associated with
development of the site. With four street frontages the Project site is highly
accessible and provides for extensive pedestrian and bicycle mobility.
3. The PD rezoning with Stage 1 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 and welfare because the Project will comply with all applicable
development regulations and standards and will implement all applicable mitigation
measures in the Project MND and the prior EIR and MND.
4. The PD rezoning with Stage 1 Development Plan is consistent with the Dublin General
Plan and Eastern Dublin Specific Plan in that the development plan is consistent with
and implements the newly created Mixed Use 2/Campus Office land use designation.
C. Pursuant to the California Environmental Quality Act, on , 2010 the City
Council adopted Resolution No. -10 adopting a Mitigated Negative Declaration,
Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program
for the Grafton Plaza project.
D. All of the above referenced resolutions and ordinances are incorporated herein by
reference and available for review at City Hall during normal business hours.
Section 3. ZONING MAP AMENDMENT.
Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code, the Dublin Zoning Map is
amended to rezone the following property ("the Property") to a PD-Planned Development
district:
25.33 gross acres; APN 985-0061-010 & 985-0061-004.
A map of the rezoning arga is shown below:
Section 4. STAGE 1 DEVELOPMENT PLAN APPROVAL
The regulations for the use, development, improvement, and maintenance of the subject
property are set forth in the following PD-Stage 1 Development Plan, which is hereby approved.
The PD-Stage 1 Development Plan identifies two development options. Option 1 is for mixed
use, commercial and residential development in accordance with the specified standards.
Option 2 is for campus office development (with no residential units) in accordance with the
specified standards. Future developers may choose to pursue either option, pursuant to
approval of a PD-Stage 2 Development Plan and related Site Development Review. Any
amendments to the approved PD-Stage 1 Development Plan shall be in accordance with
Section 8.32.080 of the Dublin Municipal Code.
The PD-Stage 1 Development Plan consists of the items and plans identified below.
1. Statement of uses. Option 1: Mixed Use Residential Development
The Permitted, Conditionally Permitted, and Temporarily Permitted land uses allowed under
Grafton Plaza's Planned Development zoning district for Mixed Use 2 (Option 1) include, but are
not limited to, the following:
Key
Permitted P
Conditional Use Permit CUP
Temporary Use Permit TUP
Commercial Use Type
Office/Service - Offices and professional
service establishments uses including, but not
limited to:
P
CUP
TUP
Copy, fax, mail box or supplies X
Bank, Savings and Loan, Financial Services X
Real estate/ Insurance X
Professional and administrative offices X
Travel agent X
Legal services, accounting, escrow services,
etc X
Medical and dental offices X
Architect, engineer, design services X
Employment agency X
Hair/ Beauty salon/Nail salon/Tanning
Salon/Similar Personal Services X
Office/Service Uses Continued: P CUP TUP
Day Spa (massage services not to exceed
49% of total square footage of tenant space) X
Tailor X
Tutoring/Educational Consulting Services X
Internet cafe and other similar technology
access centers X
Hotel and spa X
Meeting/Function Rooms (part of another
permitted use, and with or without food
and/or alcohol service)
X
Sports Club/Fitness Facility X
Parking lot 1 X
Meeting/Function Rooms (not part of another
permitted use, and with or without food
and/or alcohol service)
X
Indoor Recreation (yoga, aerobics, martial
arts, dance, etc.) X
Shoe repair X
Public and semi-public facilities X
Private Community Facility X
Out patient health facilities X
Arts and crafts fair X
Festival/ street fair X
Farmer's Market X
Construction trailer X
Conducted in accordance with the regulations of the zoning ordinance. The location and timing of temporary surface
parking lots shall be allowed as designated on the Phasing Plan that is approved as part of the Project Site
Development Review (SDR) or as amended thereafter.
Retail - Community-serving retail use
including, but not limited to: P CUP TUP
General merchandise store, including
specialty food x
Antiques X
Audio, Computer, and Electronic
equipment x
Bookstore X
Bicycle shop x
Clothing and Accessories X
Drug store x
Eating and drinking establishments:
Full-service, sit down restaurant x
Quick-service/high turnover restaurant x
Specialty Eating and Drinking
Establishments - sit down or take
away, with no table service, including
such uses as a coffee house,
delicatessen, bakery, ice cream shop,
smoothie shop, sandwich shop, or
other similar uses
x
Micro-brewery x
Outdoor dining associated with an
eating and drinking establishment x
Wine or liquor bar, cocktail lounge, etc x
Florist X
Gifts/ Specialty store x
Hobby/ Special interest store x
Jewelry and cosmetic store x
Music Store X
Liquor/Wine Store X
Pet Supplies with/without grooming x
Office supply store X
Retail Uses continued: P CUP TUP
Shoe store x
Toy store x
Home Furnishings X
Dry Cleaning/Laundry Services (no plant x
on premises permitted)
Parking lot' X
Permanent Kiosks, Newspaper/Magazine
Stands and other similar outdoor retail x
sales associated or not associated with
an existing business
Community Care Facility- Large2 X
Free standing newspaper and magazine x
stand/kiosk
Temporary outdoor sale (sidewalk sale) 3 X
Temporary outdoor sale (sidewalk sale) 4 X
Construction trailer x
1. Conducted in accordance with the regulations of the zoning ordinance. The location and timing of temporary surface
parking lots shall be allowed as designated on the Phasing Plan that is approved as part of the Project Site
Development Review (SDR) or as amended thereafter.
2. As licensed by the State Department of Health Services.
3. Not related to on-site established business. CUP to be approved by Community Development Director.
4. Related to on-site established business.
Retail - Prohibited uses including, but not limited to:
Drive through establishments of any type
Gas/Service Stations
Convenience Stores
Shopkeeper Use Type
Shopkeeper Unit is defined as a commercial based residential unit, vertically separated by
occupancy with commercial and residential uses having separate entries. Both residential and
commercial spaces shall be owned by the same owner. The commercial component is best
suited for specialty retail, modified retail or small employee based businesses (sole
proprietorship with 2-5 employees). The commercial space can be subleased. One residential
unit is permitted by right per Shopkeeper unit. The residential unit may be rented.
Residential uses located within the residential portion of the Shopkeeper unit shall conform to
those permitted and conditional uses listed under the Residential Use Type. In addition, uses
applicable to Shopkeeper units shall be in accordance with those listed or other uses found to
be consistent by the Community Development Director.
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Shopkeeper Local retail and craft
related uses and services including, but
not limited to :
P
CUP
TUP
Art gallery x
Artist, graphic designer x
Bookstore X
Clothing/ Apparel/ Accessories X
Indoor dining x
Medical or dental offices x
Tutoring/Educational Consulting Services X
Dry cleaners, Drop-off and pick-up only x
Florist X
Photography studio/ Supply store x
Pet supplies with/without grooming x
Picture framing shop x
Professional offices and services including:
Advertising, Appraisal, Accounting,
Architectural, Engineering, Insurance,
Legal, Optometric, Psychology, Real
Estate, Travel Agency, Miscellaneous
consulting services, etc.
X
Sale of food and/or beverages, prepared or
not prepared on premises x
Home occupation per Chapter 8.84 of the
Dublin Zoning Ordinance in the Residential
portion of the Shopkeeper Unit
X
Parking lot 2 X
Computers/ Electronic equipment and
repair x
Outdoor dining x
Craftsperson shop (woodworking, furniture
making, ceramics, etc) 3
X
1. Subject to occupancy limits as noted under Prohibited Uses.
2. Conducted in accordance with the regulations of the zoning ordinance. The location and timing of temporary surface
parking lots shall be allowed as designated on the Phasing Plan that is approved as part of the Project Site
Development Review (SDR) or as amended thereafter.
3. Conducted in accordance with the regulations of the zoning ordinance.
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Shopkeeper - Prohibited Uses include, but are not limited to:
Any occupancy classified as an H occupancy by the International
Building Code
Adult businesses
Vehicle maintenance or repair
Welding or any open flame work
Machinery-related uses or activities
Activities involving any biological or chemical substances
Storage of flammable liquids/ hazardous materials (that are not
normally associated with normal residential use)
Breeding, training, boarding, or raising of any animals for profit
Veterinary services including animal hospitals, kennels or
associated services
Repair shops, fix-it shops, plumbing shops, with the exception of
those uses specifically permitted or conditionally permitted above
Dance / night club
Teaching of organized classes totaling more than six (6) persons at
a time
Dry cleaners , where process is conducted on premises
Fortune telling, astrology, palmistry, and similar uses
Any other activity or use, as determined by the Director of
Community Development to not be compatible with residential
activities and / or to have the possibility of affecting the health and
safety of residents, because of potential for the use to create dust,
glare, heat, noise, noxious gases, fumes, odor, smoke, vibration,
electrical interference or other impacts, or would be hazardous
because of materials, processes or wastes.
Live/ Work Use Type
Live/Work Unit is defined as a unit where the commercial and residential uses share both
vertical and horizontal circulation and space, and will provide a working environment within the
residence. The commercial component cannot be sub-leased as it is considered to be a part of
the residence. The work area is located on the ground floor and this use is best suited for a
home based office. The number of employees shall be limited to the resident plus not more
than 2 additional persons at any one time. One residential unit is permitted by right per
Live/Work unit. The total residential/commercial unit may be rented as one unit.
9
Residential uses located within the residential portion of the Live/Work unit shall conform to
those permitted and conditional uses listed under the Residential Use Type. In addition, uses
applicable to Live/ Work units shall be in accordance with those listed or other uses found to be
consistent by the Community Development Director.
Live/Work - Home Office and Service
Establishments including, but not limited P CUP TUP
to .
Artist, Artisan, or photography studio X
Counseling services' X
Desktop publishing X
Employment agency/ executive search X
consulting
Financial services (mortgage broker, X
financial planner, etc.)
Pet supplies with/without grooming X
Professional offices and services
including:
Advertising, Appraisal, Accounting,
Architectural, Dental, Engineering, X
Insurance, Legal, Medical, Optometric,
Psychology, Real Estate, Travel Agency,
Miscellaneous consulting services, etc.
Tutor/ Educational consultant/ Instructor X
Writer/ Technical advisor X
Sale of food and/ or beverages, prepared X
on premises; includes catering
Parking lot 2 X
Outdoor dining X
1. Subject to occupancy limits as noted under Prohibited Uses.
2. Conducted in accordance with the regulations of the zoning ordinance. The location and timing of temporary surface
parking lots shall be allowed as designated on the Phasing Plan that is approved as part of the Project Site
Development Review (SDR) or as amended thereafter.
10
Live/ Work Prohibited Uses include, but are not limited to:
Any occupancy classified as an H occupancy by the International
Building Code
Adult businesses
Vehicle maintenance or repair
Welding or any open flame work
Machinery-related uses or activities
Activities involving any biological or chemical substances
Storage of flammable liquids/ hazardous materials (that are not
normally associated with normal residential use)
Breeding, training, boarding, or raising of any animals for profit
Veterinary services including animal hospitals, kennels or
associated services
Repair shops, fix-it shops, plumbing shops
Dance / night club
Sale of food and or beverages, other than those items prepared on
premises
Teaching of organized classes totaling more than six (6) persons at
a time
Dry cleaners or Laundromats
Fortune Telling, astrology, palmistry, and similar uses
Any other activity or use, as determined by the Director of
Community Development to not be compatible with residential
activities and / or to have the possibility of affecting the health and
safety of residents, because of potential for the use to create dust,
glare, heat, noise, noxious gases, fumes, odor, smoke, vibration,
electrical interference or other impacts, or would be hazardous
because of materials, processes or wastes.
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Residential Use Type
Residential units proposed for this project are intended to be for-sale units. The size and
arrangement for the residential dwellings should reflect the attitude of luxury, creativity and
urban lifestyles.
Residential Permitted uses including, but P CUP TUP
not limited to :
Multi-family dwellings X
Condominiums X
Community facilities (pool, spa, fitness X
room, small theater, etc.)
Community clubhouse (event area for X
small gatherings, kitchen, etc.)
Home occupation per Chapter 8.84 of the X
Dublin Zoning Ordinance
Parking lot' X
Community Care Facility- Large X
Family day care home per Chapter 8.08 X
of the Dublin Zoning Ordinance- Large
Sales office/ model home complex X
1. Conducted in accordance with the regulations of the zoning ordinance. The location and timing of temporary surface
parking lots shall be allowed as designated on the Phasing Plan that is approved as part of the Project Site
Development Review (SDR) or as amended thereafter.
Statement of Uses. Option 2: Campus Office Development
The following are the Permitted, Conditionally Permitted, and Temporarily Permitted land uses
allowed in Grafton Plaza's Planned Development zoning district for Campus Office (Option 2),
as established in the Dublin Ranch Area H Planned Development District and Development
Plan (PA 98-070) approved in March 2000.
Campus Office - Office and ancillary P CUP TUP
uses including, but not limited to :
Accessory and incidental amenity uses to
offices, including but not limited to
employee cafeterias, employee fitness X
centers, day care centers, and employee
training facilities.
Administrative headquarters X
Ancillary uses which provide support X
services to businesses and employees
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Campus Office - Office and ancillary P CUP TUP
uses Continued :
including but not limited to: restaurants,
convenience shopping, copying services,
blueprinting, printing and branch banks
Business and commercial services X
Business, corporate, professional, X
technical, and administrative offices
Cellular and wireless communication
facilities, minor, subject to Site X
Development Review
Laboratory X
Research and development X
Storage and sale of material, limited to X
25% of floor area
Sales and leasing office X
Sports Club/Fitness Facility X
Broadcasting stations or studios, X
excluding sending and receiving towers
Health services/clinics X
Hotel/motel X
Hospital/medical center X
Limited light manufacturing, assembly,
warehousing and distribution activities X
(uses that do not produce noxious odors,
hazardous materials, or excessive noise)
Other uses that could meet the intent of
the Campus Office land use designation X
as determined by the Community
Development Director
Recreational facility/indoor (yoga, X
aerobics, martial arts, dance, etc.;)
Arts and crafts fair X
Festival/street fair X
Temporary construction trailers and X
ancillary construction facilities
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2. Stage 1 Site Plan.
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3. Site area, proposed densities. The gross area of the site is 25.33 acres; the net area of
the site is 23.4 acres. The density for the site is 0.45 FAR.
a. Mixed-Use Residential Development:
Total amount of development. Based on the 0.45 FAR, the maximum of amount of
development is 496,519 square feet, including residential and non-residential development.
Allocation of development. The residential component shall not exceed 50% of the
developed area; i.e., shall not exceed 248,259 square feet. The balance of permissible
square footage is allocated to non-residential uses.
b. Campus Office Development:
Total amount of development. Based on the 0.45 FAR, the maximum of amount of
development is 496,519 square feet and shall include uses that are consistent with the
Campus Office land use designation and shall not include residential uses.
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4. Phasing plan.
Grafton Plaza is intended to be an integrated mixed use project. Projects like this tend to be built
in phases, which allows for flexibility in constructability, staging and market conditions.
Currently, specific development phasing is unknown and would be subject to market and
economic conditions. A more detailed phasing plan shall be developed for the Stage 2 Planned
Development Rezone submittal. In addition, the phasing plan shall also include existing and
proposed land uses, major features of the circulation system; including any existing and
proposed arterials and collector streets; other infrastructure requirements including water
supply, wastewater collection, treatment and disposal and drainage systems. Utility, access,
grading and emergency services will be provided to meet the resulting needs of the ultimate
phasing to implement the project.
The desired intensity of the buildings shall not exceed the square footages and unit counts as
described in the previous sections. Of the proposed total building area, no more than 50%
(248,259 square feet) shall be allocated as residential square footage.
5. Master neighborhood landscaping plan.
GRA"On PLAZA
SAC[ _f'30Yn4B8 qMi?
RAN OFflOPNCW fFZ:TE
MASTER
NEIGHBORHOOD
LANDSCAPE PLAN
orwrt
r too, 20O' 3oo•
NOVEMBER 2009
oo3E J
6. Statement of Consistency with General Plan and Specific Plan.
The PD rezoning and related Stage 1 Development Plan is consistent with the General Plan and
Eastern Dublin Specific Plan as amended through Resolution approving the
companion General Plan and Eastern Dublin Specific Plan.
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7. Inclusionary zoning regulations.
The current Grafton Plaza development program proposes all residential units to be market rate
units and does not include incorporating affordable housing units within the project. The
Applicant is proposing to pay in lieu fees under the City's Inclusionary Zoning Regulations to
meet the affordable housing requirement for this project. This will be considered in the course of
project review and approval by the City Council through an Affordable Housing Agreement to be
considered in conjunction with a Stage 2 Development Plan and Site Development Review.
8. Aerial photo.
9. Water quality pond. Notwithstanding any other provisions of this ordinance, the existing
water quality pond is permitted pursuant to Ordinance 26-05.
Section 5. RELATION TO PRIOR ORDINANCE.
This ordinance supersedes Ord. 6-00 as to the Grafton Plaza site only.
Section 6. Pursuant to the Dublin Zoning Ordinance, section 8.32.060.C, the use,
development, improvement, and maintenance of the Project area shall be governed by the
provisions of the closest comparable zoning district (Campus Office, C-O) as determined by the
Community Development Director and of the Dublin Zoning Ordinance except as provided in the
Stage 1 Development Plan.
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Section 7. 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 passage. The City Clerk of the City of Dublin shall cause the 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 BY the City Council of the City of Dublin, on this
day of 2010 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
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