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HomeMy WebLinkAboutOrd 10-10 Grafton Pl PD RezoneORDINANCE NO. 10 -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 5Q% 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 O~ce land use designation. Through Resolution No. 76-10, 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 a~lows 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 4ption 2 as a campus office project. Future devetopers 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 10-16 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 May 18, 2~14 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. Page 1 of 20 Section 2. FINDINGS A. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as follows: 1. The Grafton PIa2a Planned Development Zoning, including a Stage 1 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 ~hrough 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 Stage? 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: 1. The PD rezone with Stage1 Development Plan will be harmonious and compatible with existing and potential development~ in the surrounding area in that the Project continues to reflect and implemen~ 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 PQ Stage 1 Development Plan. It provides attractive and interesting development on a visible site and maintains pedestrian and bicycfe 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. Page 2 of 20 4. The PD rezoning with Stage 1 Development Plan is consistent with the Dublin Genera/ 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 May 18, 2010 the City Council adopted Resolution No. 75-10 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. ZQNING 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"J to a PD-Planned Development district: 25.33 gross acres; APN 985-0061-010 & 985-0061-004. A map of the rezoning area is shown below: Page 3 of 20 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 finro development options. Option 1 is for mixed use, commercial and residential development "rn 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 fand uses allowed under Grafton Plaza's Planned Development zoning district for Mixed Use 2(Option 1) include, but are not limited to, the following: Ke Permitted P Conditional Use Permit CUP Temporary Use Permit TUP Commercial Use Tvne 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 salonlTanning Salon/Similar Personal Services X Page 4 of 20 Office/Service Uses Continued: P CUP TUP Day Spa (massage services not to exceed 49% of totai square footage of tenant space) X Taifor X Tutoring/Educational Consulting Services X Internet cafe and other simifar 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' 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 c;onducted in accordance with the regulations of the zoning ordinance. The location and timing of temporary surface parking lots shall be atlowed as designated on the Phasing Plan that is approved as part of the Project Site Development Review (SDR) or as amended thereafter. Page 5 of 20 Retail - Community-serving retail uses 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 Jewefry and cosmetic store X Music Store X Liquor/Wine Store X Pet Supplies with/without grooming X Office supply store X Page 6 of 20 Retail Uses continued: P CUP TUP Shoe store X Toy store X Home Furnishings X Dry Cleaning/Laundry Services (no plant on premises permitted) X 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 ~. c;onauctea in accordance wlth the regulations ot 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 throuqh establishments of anv tvpe 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. Page 7 of 20 Shopkeeper Local retail and craft related uses and services including, but P CUP TUP not limited to : 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, X Legal, Optometric, Psychology, Real Estate, Travel Agency, Miscellaneous consu~ting services, etc. Sale of food and/or beverages, prepared or X not prepared on premises Home occupation per Chapter 8.84 of the Dublin Zoning Ordinance in the Residential X portion of the Shopkeeper Unit Parking lot 2 X Computers/ Electronic equipment and X repair Outdoor dining X Craftsperson shop (woodworking, furniture 3 X making, ceramics, etc) 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 regu~ations of the zoning ordinance. Page 8 of 20 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 animafs 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 LiveNVork unit. The total residential/commerciaf unit may be rented as one unit. Page 9 of 20 Residential uses located within the residential portion of the Live/Work unit shall conform to those permitted and conditional uses listed under the Residentia( Use Type. fn 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 fot 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 aflowed as designated on the Phasing Plan that is approved as part of the Project Site Development Review (SDR) or as amended thereafter. Page 10 of 20 Live/ Work Prohibited Uses include, but are not limited to: Any occupancy classified as an H occupancy by fhe 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 animafs 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 simifar 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. Page 11 of 20 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 ~onauctea in accorqance witn the regulations ot 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 emptoyee cafeterias, employee fitness X centers, day care centers, and employee training facilities. Administrative headquarters X Ancillary uses which provide support services to businesses and employees X Page 12 of 20 Campus Office - Office and ancillary uses Continued : P CUP TUP 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 Ceflular and wireless communication facilities, minor, subject to Site X Development Review Laboratory X Research and development X Storage and sale of material, limited to 25% of floor area X Sales and leasing office X Sports Club/Fitness Facility X Broadcasting sta~ions 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 (uses that do not produce noxious odors, X 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, aerobics, martial arts, dance, etc.) X Arts and crafts fair X Festival/street fair X Temporary construction trailers and ancitlary construction facilities X Page 13 of 20 2. Stage 1 Site Plan. ~ _ ~ Er':i'"~.: ..~. _ - ~_ ~ _.- .-_.~. ._ _ ~_.. __. .., .:,~ =.~ ~ [,~ ~T~+'-~ _ - -___ .~~ ..~ ~: ~:: ~~~.. _~~~~~ ~ .-- .. . .: ~ .,_ A ~ _ ~:-2 _-- - ~- - - - ' - 3~a~ ~ ~ E~~ = - _° . _. _ _ , , _ ~E' <" - _ ~1~4~n 1 7Sun.-ReSV3¢ntind ~e~'idei~ttaf r <....~ _ J _j_` _;~ = -•-__ ~.-. _ c.--" - :. =-:~ " Can4. . . ~ ~ .e (deszdFnhrsi ~ptmx~ 'L -~v~ __ ~ - _ ~ - _ - - __._ _~-i - - - ~ _ _ ~ =- -=- -- -~- -~a _ - ~ --_ - . : ° 7 _~: ~ :sF;~ :t,~_ ~ _- _:~~ ~ __.~- .. . ~ _ ~. 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-residentiaf 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 O~ce Development: Total amount of development. Based on the Q.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. Page 14 of 20 4. Grafton Plaza Siting and Design Standards & Guidelines: Construction of Grafton Plaza wilf include a circulation pattern that promotes and accommodates the pedestrian while maintaining adequate vehicular circulation, promotes a lively and vital retail venue, and provides an inviting sense of place to live and work for residents and visitors. Development in Grafton Plaza is intended to complement the adjacent Promenade and Grafton Station projects to establish a residential, commercial and hospitality destination. The following standards and guidelines shall be reflected in future PD-Stage 2 Development Plans and Site Development Reviews. FORM . Development shall be designed with interconnected pedestrian and vehicular circulation. . Development should be urban, with activated uses encouraged along the ground floor spaces of public and private streets. BUILDING SITING . Buildings with dominant architectural styles and/or greater height at the Grafton Plaza Gateway (intersection of Grafton Street and Dublin Blvd.) shall be placed to emphasize the importance of this entry to Grafton Plaza, in relation to Grafton Station and the Promenade. • Corners of buildings at Grafton Plaza should include vertical elements, unique architectural features, upper story balconies, towers, or related features that aid in creating a sense of arrival and place. . Building heights should step back from Dublin Boulevard. . Active uses of the buildings shall orient to the adjacent streets. BUILDING MASSING AND DETAILING . Buildings shall be designed to relate to pedestrian scale on the ground floor and to provide a feeling of enclosure for common open areas. . Building heights should step back from Dublin Boulevard. • Building massing should be varied to provide interest and diversity. This can be achieved by varying the story height. • Buildings should be appropriately scaled and include fa~ade treatments such as multi-storied and/or stepped facades. • Consistent design quality, materials and detailing, and building massing of the architecture shall be applied to all facades. • Street level architecture shall be human scaled and possess a high level of detailing. . The massing of individual buildings shall be broken into three or more primary forms through changes in features such as volume, wall heights, roof forms, parapet heights, and offsets in wall planes. Page 15 of 20 LANDSCAPE/OPEN SPACE . An entry plaza at the Grafton Street/Dublin Boulevard intersection shall be provided to create a sense of arrival. This space shall permit active uses and orient to adjacent uses on-site and those at Grafton Station and the Promenade. . Internal plaza spaces for public use shall be provided that allows a range of activities including outdoor dining, seating, and other events. The space shall incorporate elements such as gardens, fountains, and public art. . Public and private spaces shall be incorporated into the project to incorporate landscaping and outdoor use. . The development shall be linked with the adjacent water quality basin trail and open space located to the south. . Pedestrian areas shall be furnished with benches, trash receptacles, lighting, bike parking, and other attractive and creature comfort elements. ENTRIES . Building entries shall be located in convenient locations and front the streets and/or public spaces to activate the street and provide eyes on the street. • Building lobbies shall front streets or public spaces to provide convenient access and be visually identifiable. . Buildings should not turn their backs to public streets. Where this is not practical, the building shall be designed to activate the street and provide pedestrian level features such as entries, windows, or commercial spaces. PARKING . Parking shall be integrated into parking structures or surface lots. Surface lots shall be screened from off-site views as feasible. On street parking spaces should be provided to permit convenient short term parking, provide scale, and a buffer between the sidewalk/pedestrian zone and the street. • Shared parking may be incorporated into the project to limit the amount of space delegated to automobiles. . The use of public transit and other modes of transportation shall be encouraged. CIRCULATION • Circulation shall be designed to provide interconnected streets and pedestrian routes. • On-site streets shall be designed to minimize the impact of the automobile upon the pedestrian-oriented project e.g., narrowing curb-to-curb widths, providing roundabouts, corner bump outs and other traffic calming features. Page 16 of 20 . Sidewalks and plazas should be designed with wider dimensions to accommodate outdoor seating, window shopping, human interaction, and pedestrian circulation. . Utilize the existing bus stop along Dublin Boulevard. • Space for resident, employee, and shopper pick-up and drop-off should be integrated into the street design. . Loading spaces should be located in places that do not impact primary pedestrian spaces or site circulation and should be screened from view where feasible. • Safe, convenient and attractive pedestrian uses and circulation shall be provided for between buildings. 5. 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 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 shall be provided to meet the needs of the project. The intensity of the buildings in any phasing plan shafl not exceed the square footages as set forth 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. Page 17 of 20 6. Master neighborhood landscaping plan. GAp170d PLAiA p~,~IM1 R4KH. AIdA H n,~u iN ca ~n sinca iuwuuwi.t•wr Rnn OEVEtC~/~/~FN H1CY,E MA$TER NEIGHBORHOOD IANDSCAPE FvW ~ ~xiH ' 100' 2~Q~ J00' NOVEMBER 2(q9 ~ ~ `"n~ryM~w.a ~nrera~n 7. 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 No. 76-10, approving the companion General Plan and Eastern Dublin Specific Plan amendments. 8. 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. Page 18 of 20 9. Aerial photo. 10. 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. 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. Page 19 of 20 PASSED, APPROVED AND ADOPTED this 1St day of June 2010 by the following vote: AYES: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None l j L'" '`~ ? : f ~~ ~' ,~,~::_.,, ,~~'~ Mayor ATTEST: 1 ` ~~ City Clerk Ord No. 10-10, Adopted 6-1-10, Item 42 Page 20 of 20