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HomeMy WebLinkAboutReso 002-97 PD Rez Enea PlazaRESOLUTION NO. 2 - 97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AND ESTABLISHING FINDINGS, GENERAL PROVISIONS, AND DEVELOPMENT STANDARDS FOR A REVISED, CONSOL/DATED PLANNED DEVELOPMENT REZONING FOR PA 96-043 ENEA PLAZA WHEREAS, Enea Plaza has requested approval ora Planned Development Rezoning for a retail commercial development consisting of 19.9~ acres; and WHEREAS, the Planned Development Rezone shall supersede the three existing Planned Developments (1464 Zoning Unit; PA 87-018; and PA 87-178); and WHEREAS, the Applicant has submitted a Land Use and Development Plan as required by Section 8.31-13 of the Zoning Ordinance which meets the requirements of said section; and WHEREAS, the Planned Development Standards are attached as Exhibit A and incorporated herein by reference; and WHEREAS, the application has been reviewed in accordance with the California Environmental Quality Act and a Negative Declaration has been prepared; and WHEREAS, the Planning Commission did hold a public hearing on said application on November 26, 1996, and did adopt a Resolution recommending that the City Council approve and establish findings, general provisions and development standards for a Planned Development Rezoning for PA 96-043; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Staff Report was submitted recommending that the City Council approve the Planned Development; and WHEREAS, the City Council did hear and use their independent judgment and considered all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby make the following findings and determinations regarding said proposed Planned Development Rezone: 1. The Planned Development Rezone, as conditioned, is consistent with the general provisions, intent, and purpose of the PD District Overlay Zone of the Zoning Ordinance. The Planned Development Rezone will be appropriate for the subject property in terms of providing General Provisions which set 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 commercial uses in the immediate vicinity, and will enhance development of this area; and 2. The Planned Development Rezone is consistent with the general provisions, intent and purpose of the Downtown Specific Plan. The Rezone implements the intent and development standards identified in that document and will thereby serve to implement the provisions of the Downtown Specific Plan in this area; and 3. The Planned Development Rezone is consistent with the intent of the General Plan which designates this area as Retail/Office in that the Planned Development Rezone contains uses that correspond with the intent of this Land Use Designation and because the project would create development within the densities allowed by this Designation; and 4. The Planned Development Rezoning will not have a substantial adverse affect 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 5. The planned Development Rezoning will not oVerburden public services as all agencies have commented that public services are available; and 6. The Planned Development Rezoning will create an attractive, efficient and safe environment through the implementation of the Standards identified in the Rezone document; and 7. The Planned Development Rezoning will benefit the public necessity, convenience and general welfare and is in conformance with Sections 8-31.0 to 8-31.19 of the Dublin Zoning Ordinance; and 8. The Planned Development Rezoning will be compatible with and enhance the general development of the area because it will be developed pursuant to the Standards and site development review; and 9. The Planned Development Rezoning will provide an environment that will encourage the efficient use of common areas to create an innovative type of commercial development. BE IT FURTltER RESOLVED THAT except as specifically included in Exhibit A, attached and made a part of this Resolution, development and operation of land use activities within this planned development, shall be subject to the City of Dublin Zoning Code in effect at the time the development and land use activities are considered. Changes or revisions to this document, including Exhibit A shall be subject to those requirements contained within the most current Zoning Code. BE IT FURTltER RESOLVED THAT TI~ Dublin City Clerk does hereby approve PA 96-043, Enea Plaza Planned Development, subject to the General Provisions and Development Standards which constitute regulations for the use and improvement of the 19.9~ acres APNs 941-1500-38-1, 48, 42-1, 49-2, 49-3, 51-2, 52, and 53 asincluded on Exhibit A attached hereto. PASSED, APPROVED AND ADOPTED this 7th day of January, 1997. AYES: NOES: Councilmembers Barnes, Burton, Howard, Lockhart and Mayor Houston None ABSENT: None ABSTAIN: None ATTEST: ~ G: [PA96043~ccreso K2/1- 7-97/resoene2. doc EXHIBIT A ENEA PLAZA PLANNED DEVELOPMENT (General Provisions and Development Standards) Permitted Uses A. Retail Commercial Shopper goods uses such as: 1. General merchandise stores 2. Clothing stores 3. Shoe stores 4. Home furnishing stores 5. Home appliance/Music stores 6. Hobby/Special interest stores 7. Gifts/Specialty stores 8. Jewelry and cosmetic stores 9. Home improvement centers '10. Drugstores 11. Auto parts sales and related vehicle servicing so long as such overhead garage door openings (service bays) are oriented toward the least visible elevation of the building and shall not be visible from Amador Plaza Road or Dublin 13oulevard. The bays shall also be adequately shielded from public view by the use of trellises and landscaping 12. Health food store 13. Supermarket 14. Meat, fish or poultry stores 15. Liquor and wine stores 16. Consumer electronics/Computer stores Similar uses that offer comparison goods based on price and quality, 13. Eating and drinking uses including, but not limited to the following: 1. Restaurant with outdoor dining 2. Cocktail lounge 3. Donut shop 4. Ice cream parlor 5. Sandwich shop with outdoor dining 6. Delicatessen with outdoor dining 7. Specialty food 8. Bakery 9. Candy and nuts 10. Health food 11. Wine and cheese with on-sale liquor license from the State of California Il. C. Personal service uses including but not limited to the following: 1. Beauty salon 2. Barber shop 3. Shoe repair 4. Dry cleaner (delivery and pick-up only) 5. Coin operated laundry 6. Health club 7. Photography shop (including film processing) 8. Formal wear rental 9. Interior decorating 10. Travel agent 11. Key shop 12. Dressmaking or knitting shop 13. Tailor shop 14. Handcraft shop 15. Blueprinting or other copying services 16. Other administrative and professional office uses D. Office uses including but not limited to the following: 1. Optometrist 2. Medical and dental 3. Legal. 4. ' AccoUntir~g '~ 5. Architect' 6.. Engineering 7. Employment agency 8. Real estate 9. Educational seminars 10. Counseling 11. Medical and dental laboratory 12. Mortgage financing Conditional Uses: A. Subject to approval of the Planning Commission and issuance of a Conditional Use Permit: 1. Community, religious and charitable institution facilities and uses 2. Public recreation facilities and uses 3. Recycling center, when operated in conjunction with a pe_rmitted use on the same premises 4.. Movie theater 5.' New and used vehicle sales and service 6. Senior care/skilled nursing facility 7. Service station 8. Residential uses Ill. iV. Mo VI. Vii. 9. Research or development laboratory, except those engaged in manufacture of products for commercial sale or distribution and ,, excluding any which produces or is found likely to produce any smOke,~. dust, odors, glare or vibrations observable outside the building or portion thereof in such use. 10. Temporary Storage of construction equipment 11. Drive-in and drive-through restaurants 12. Motel/Hotel Prohibited Uses: 1. Off sale liquor store 2. Adult book stores 3. All industrial uses 4. Convenience food store 5. Mortuary 6. Massage parlor 7. Animal hospital, kennel 8. Pawn Shops; 9. Tattoo Parlors; 10. Check Cashing Services. Site Development Review: Any structure 1,000 square feet or more or any construction aggregating a 1,000 or more shall be subject to Site Development Review process unless zoning approval is granted upon the determination that the construction constitutes a minor project and that the building permit plans are in accord with the intent and objectives of the Site Development Review procedure. Yards: For retail uses no yards shall be required. For office uses, depth of front yard - not less than twenty (20) feet; depth of rear yard - 0; and depth Of side yard - not less than ten (10) feet. Height of Buildings: No building or structure shall have a heigh.t, in excess of forty-five (45) feet. Master Sign Program:" All signage with the PD zoning shall conform to the'Master Sign Program. IX. Landscaping: All new construction shall maintain a landscape to building ratio of fifteen percent.. (15%). All landscaping materials shall be consistent with the existing developments. Other Development Standards: All buildings constructed in the PD zone shall not exceed a thirty percent (30%) floor to area ratio. All r;etail uses shall maintain a parking ratio five (5) spaces per thousand (1,000) square feet of net rentable retail space. All office uses shall maintain a parking ratio four (4) per thousand spaces per 1,000 square feet of net rentable office space.