HomeMy WebLinkAbout8.3 Attch 1 Exh A OrdinanceApprovingPDR
ORDINANCE NO. XX - 10
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A PLANNED DEVELOPMENT REZONE WITH A RELATED STAGE 1
DEVELOPMENT PLAN AMENDMENT AND STAGE 2 DEVELOPMENT PLAN
FOR THE ESPRIT AT DUBLIN STATION PROJECT
APN 986-0034-011-00
PA 09-002
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. RECITALS
A. The Esprit at Dublin Station project site is 4.13 acres bounded by Dublin Boulevard and
Martinelli Way beiween Iron Horse Parkway and Campus Drive. City Council Ordinance No. 21-
02 rezoned the approximately 91 acre area known as the Dublin Transit Center ("the Transit
Center") to a Planned Development Zoning District and adopted a Stage 1 Development Plan
for the entirety of the site. The 4.13 acre Esprit at Dubiin Station project site is within the 91-
acre Transit Center, and is referred to as site E-1 in the Stage 1 Development Plan.
B. In 2006, the Applicant received entitlements for a 300-unit residential project on the site with
up to 15,000 square feet of commercial space. The project approvals included the Metropolitan
at Dublin Station Planned Development Rezone with a related Stage 2 Development Plan (City
Council Ordinance 04-06), a Vesting Tentative Parcel Map 7667 (Planning Commission
Resolution 05-68), Site Development Review (City Council Resolution 06-06) and a
Development Agreement (City Council Ordinance 05-06).
C. The Applicant is seeking approval for an Alternate Project that could be constructed in place
of the Metropolitan at Dublin Station project should market conditions warrant. The Esprit at
Dublin Station Planned Development Rezone with a related Stage 1 Development Plan
Amendment and Stage 2 Development Plan, as proposed, would permit the future development
of up to 105 residential units on the project site. The Stage 2 Development Plan establishes the
permitted, conditionally permitted, and accessory uses, site plan, site area and maximum
proposed densities, maximum numbers of residential units by type, development regulations,
architectural standards, and preliminary landscape plan for the 105-unit development.
D. The Planning Commission recommended adoption of the Planned Development Rezone
with a related Stage 1 Development Plan Amendment and Stage 2 Development Plan through
Resolution following a properly noticed public hearing on August 24, 2010.
E. 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 prior environmental documents, and
all above referenced reports, recommendations and testimony to evaluate the Project, including
the Planned Development zoning.
EXHIBIT A TO
ATTACHMENT 1
Section 2. FINDINGS
A. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as
fol lows:
1. The Esprit af Dublin Sfation Planned Development Zoning, including the Planned
Development Rezone with a related Stage 1 Development Plan Amendment and
Stage 2 Development Plan, meets the purpose and intent of Chapter 8.32 in that the
development plan contains a desirable use of land that complements surrounding
land uses, in particular that it provides a new type of residential unit to the Transit
Center areas while continuing the concentration of high-density residential
development envisioned in the Transit Center Stage 1 Development Plan.
2. The Planned Development Rezone with a related Sfage 1 Development Plan
Amendment and Stage 2 Development Plan will be harmonious and compatible with
existing and potential development in the surrounding area in that the Project will
implement the high-density scale of development envisioned at the Transit Center in
the General Plan and Eastern Dublin Specific Plan. The Project is generally similar to
the character and density of existing development in the surrounding area and will
create a good transition between the higher density residential units built in the Transit
Center and potential future residential development across Dublin Boulevard at Camp
Parks. It will provide attractive and interesting buildings and will provide pedestrian
and bicycle connectivity between the BART station and Dublin Boulevard.
B. Pursuant to Section 8.120.050.A and B of the Dublin Municipal Code, the City Council
finds as follows:
1. The Planned Development Rezone with a related Stage 1 Development Plan
Amendment and Stage 2 Development Plan will be harmonious and compatible with
exisfing and potential development in the surrounding area in that 1) the proposed
development is consistent with the approved development for this property as
approved under the Stage 1 Planned Development Zoning (as amended); 2) the
proposed project is compatible with the surrounding area which is comprised of
residential and commercial development; 3) the residential development will be
compatible with the approved adjacent Avalon Bay development because the
development consists of high-density townhouse units; 4) as designed, the
architecture of the building including roof forms, colors and materials is compatible
with the roof forms, colors and materials of the existing and approved buildings in the
vicinity; 5) as shown on the Landscape Plans, the proposed landscaping is compatible
with the existing and approved landscaping in the area including landscaping along
Dublin Boulevard and street trees which conform to the requirements of the Dublin
Transit Center Plan.
2. The Project site is physically suitable for the type and intensity of the zoning district
being proposed in that 1) the Stage 1 Planned Development Zoning identified this
property as having the potential to be developed with office, housing and/or retail and
the proposed project will have high-density residential units which will conform to the
approved land use for the property; 2) the proposed development will result in a
density of 25.4 dwelling units per acre which is compatible with the High-Density
Residential land use designations in the surrounding neighborhood; 3) the proposed
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density and height of the buildings (three stories) will be compatible with the height of
buildings in the surrounding area and will be compatible with the site which is located
near the Dublin/Pleasanton BART station and a higher density is warranted to
encourage use of the station and to take advantage of the close proximity to the
public transit center; and 4) the proposed lot coverage of 47% is compatible with the
approved and future Dublin Transit Center developments.
3. The Planned Development Rezone with a related Stage 1 Development Plan
Amendment and Stage 2 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 1) the proposed project will result in a high-density
residential project that is compatible with existing and future development in the area
as identified in the Dublin Transit Center Plan; 2) the site layout and design of the
proposed buildings (project site) is compatible with the site layout and design of
buildings in the neighborhood; and 3) as conditioned, the buildings will be operated in
such a manner as to reduce impacts on the surrounding neighborhood.
4. The Planned Development Rezone with a related Stage 1 Development Plan
Amendment and Stage 2 Development Plan is consistent with the Dublin General
Plan and Eastern Dublin Specific Plan in that 1) the proposed 105 townhouse units
are compatible with the approved uses for the site; 2) the overall design of the project
is consistent with the design requirements discussed in the Dublin Transit Center
Plan; 3) the proposed project is consistent with the Eastern Dublin Specific Plan
because the Plan states that the Transit Center area should have a mix of uses and
should have a pedestrian friendly environment which the proposed project achieves
through the design of the residential project, site layout, and landscaping which
together promote the use of the street and create a more pedestrian friendly
environment; 4) the Proposed Project provides a new housing type that is not yet
present in the Transit Center area to serve the needs of residents and employees in
the neighborhood; 5) the proposed development is compatible with the General Plan
Land Use designation of Campus Office that allows for the flexible use of the property
as high density residential; 6) the proposed project is compatible with the General
Plan Implementing Policy 2.1.1.13 which encourages high density residential projects
where higher density is compatible with the surrounding uses and the density of the
project is compatible with surrounding developments and a higher density in this case
is warranted due to the location of the BART station which is less than one quarter of
a mile from the property; and 7) the proposed project meets the intent of the Dublin
General Plan that discourages projects that do not relate well to the surrounding
developments and the proposed project is compatible with the neighborhood which
includes office, high density residential and retail uses including mixed-use
developments which are located across the street from and adjacent to (future) the
property.
C. Pursuant to the California Environmental Quality Act, the City Council finds that the
Project is exempt from CEQA pursuant to Government Code section 65457 because it is a
residential project that is consistent with a specific plan for which an EIR has been certified. The
Project is within the scope of the Final Environmental Impact Report (EIR) for the Dublin Transit
Center General Plan Amendment, Eastern Dublin Specific Plan Amendment, Stage 1 Planned
Development Zoning, Tentative Parcel Map, and Development Agreement (SCH 2001120395)
which was certified by City Council Resolution No. 215-02 dated November 19, 2002. The City
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Council finds that no further environmental review under CEQA is required for the proposed
Project because there is no substantial evidence in the record as a whole that any of the
standards under CEQA section 21166 or CEQA Guidelines sections 15162 and 15163 for the
preparation of a subsequent or supplemental EIR are met.
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:
4.13 acres at the southwest corner of Dublin Boulevard and Iron Horse Parkway
(APN 986-0034-011-00).
A map of the rezoning area is shown below:
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LOCATION MAP
Section 4. STAGE 1 DEVELOPMENT PLAN AMENDMENT
The Stage 1 Development Plan is amended in the following locations:
Page 1.12: Add a.paragraph under the heading "Campus Office Uses": "In order to
permit development on Site E-1 that responds to residential market conditions, it is
permissible for the site to have dual entitlements and for two separate and distinct
projects to receive approvals for the same site. Should this situation occur, both projecfs
would need to be consistent with this Stage 1 Development Plan and the Development
Agreement prepared for the project(s) would need to address the potential for either
project. Once a Developer commences with development of one of the projects on Site
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E-1, the rights relating to the other project not developed shall be terminated. The term
"commences wifh development" shall mean the issuance of any grading or building
permit. "
Pages 2.22 and 2.25: The project street frontage along Iron Horse Parkway is proposed
to change from a 18' wide sidewalk with 5' tree grate to a 16' sidewaik with a 5' tree
grate. The text on Page 2.22 and Street Section A-A on Page 2.25 will need to strike the
reference to 18' and replace with 16'.
Pages 2.28 and 2.29: The building setback along Martinelli Way is proposed to change
from 16' to variable. The text on Page 2.28 and Street Section E-E on Page 2.29 will
need to strike the reference to 16' and replace with "variable".
Pages 2.30 and 2.32: The project street frontage along Campus Drive is proposed to
change from a 12' sidewalk with a 6' tree grate to a 10' sidewalk with a 5' tree grate. The
text on Page 2.30 and Street Section G-G on Page 2.32 will need to strike the reference
to 12' and replace with 10' and strike the reference to 6' and replace with 5'.
Section 5. STAGE 2 DEVELOPMENT PLAN
The regulations for the use, development, improvement, and maintenance of the subject
property are set forth in the following Stage 2 Development Plan, which is hereby approved.
The Stage 2 Development Plan permits the development of up to 105 townhomes pursuant to
an approved Site Development Review. Any amendments to the approved Stage 2
Development Plan shall be in accordance with Section 8.32.080 of the Dublin Municipal Code.
The Stage 2 Development Plan consists of the items and plans identified below.
1. Statement of compatibility with Stage 1 Development Plan
The project proposal includes an amendment to the existing Stage 1 Development Plan that was
approved by the City Council in December 2002 via Ordinance 21-02. The 105-unit Esprit at
Dublin Station project is consistent with the allowed land uses as well as the design
requirements discussed in the Dublin Transit Center Stage 1 Development Plan. Once the
amendment is approved through the adoption of this ordinance, the Stage 2 Development Plan
will be compatible with the Stage 1 Development Plan (as amended).
2. Statement of uses.
The Permitted, Conditionally Permitted, Accessory, and Temporarily Permitted land uses
allowed under the Esprit at Dublin Station Planned Development zoning district include, but are
not limited to, the following:
Permitted Uses:
Accessory uses (As permitted by Ordinance 21-02, the Dublin Transit Center Stage 1
Planned Development Zoning Development Plan (PA 00-013) and with Chapter 8.40
(Accessory Structures and Uses Regulations) of the Dublin Zoning Ordinance)
Community Care Facility/Small
Home Occupations (per Chapter 8.64 of the Dublin Zoning Ordinance)
Multi-Family Dwelling
Private Recreation Facility (for homeowner's association and/or tenanYs use)
Small Family Daycare Home
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Temporarv Uses:
Temporary Construction Trailer in accordance with Chapter 8.108 (Temporary Uses Permit
of the Dublin Zoning Ordinance.
Tract and Sales Office/Model Home Complex in accordance with Chapter 8.108 (Temporary
Uses Permit of the Dublin Zoning Ordinance
3. Stage 2 Site Plan
The Stage 2 Development Plan is shown below and is also included as Sheet SP-1 in the
Project Plan Set, dated received June 28, 2010, on file at the Community Development
Department. The site plan illustrates potential building envelopes.
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4. Site area, proposed densities.
Land Use Designation Site Net Number of Units Net Density
Acres
Campus Office 4.13 105 25.4 du
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5. Development Regulations.
The Development Regulations for the future development of the Esprit at Dubiin Ranch project
are included below.
Develo ment Standard
Lot Area: +4.13 acres (net)
Setbacks: 8-20+ feet varies alon Dublin Boulevard
varies feet along Iron Horse Parkway
varies feet alon Martinelli Wa
varies feet alon Cam us Drive
Sidewalk width 16 feet alon Iron Horse Parkwa
10 feet alon Campus Drive
14 feet alon Martinelli Wa
17 feet along Dublin Blvd
Hei ht Limits: 3 stories and 40 feet
Re uired Parkin :
Parkin re uired 158 s aces
Guest Parking (included 24 spaces
in total re uired
Lot Covera e: 47%
Unit Summary:
Unit Type Sq. Ft. No. of Units
Plan 1- 2 Bedroom 1,174 5
Plan 2- 2 Bedroom 1,208 19
Plan 3- 2 Bedroom 1,440 23
Plan 4- 3 Bedroom 1,547 13
Plan 5- 3 Bedroom 1,610 45
Total Number of Units 105
6. Architectural Standards.
The architectural concept for the project was to create a design that, when integrated with other
projects in the Dublin Transit Center, would create an "Urban Village," that would encourage
pedestrian movement and activity throughout the Transit Center. To achieve this, considerable
attention was focused at the base of the building. Residential stoops have been located along
Iron Horse Parkway, Campus Drive, and Martinelli to activate the streets. Each stoop directly
ties to the sidewalk and has a porch located 3 to 4 feet above street level.
All of the units are three-story town-homes and are joined together to form large buildings
around the site perimeter. This concept creates a strong street presence that contributes to the
project's urban character. Wood rafter tails, stacked stone, and trellis elements accent a mostly
stucco body and concrete roof tiles provide some weight to the building and help emphasize the
pedestrian portals that run through the buildings.
Pedestrian portals occur at the ground level of most building types and allow for pedestrian
connections from Martinelli Way through to the recreation facilities adjacent to Dublin Boulevard.
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Connections are also formed from Iron Horse Parkway and Campus Drive to the site's interior.
The pedestrian portals are provided to create both a visual link to the interior of the project, as
well as to encourage pedestrian movement throughout the Transit Center.
Since Dublin Boulevard is a major thoroughfare, pedestrian connection to the street is
minimized. There are no units fronting this street. Instead, buildings and a six-foot screen wall
designed to compliment the architecture form this edge layered by landscaping. The
architectural design of the base of the building was also developed to encourage a pedestrian
scale. In addition to the stoop units and entry portals, the building was designed with a series of
arched openings at the base of the building to create a strong rhythm at the pedestrian level.
The pedestrian level is further complimented with ornamental railings and decorative light
fixtures to create human scale at the buildings' base.
The proposed architecture is compatible with the approved buildings in the Transit Center and
buildings in the area. Architectural detailing on the building is reflective of styles that are
prevalent in the City of Dublin. The massing and form of the buildings are also compatible with
the surrounding buildings. The proposed colors and materials include stucco siding with a
stacked stone accent walls, tile roofs, wrought iron stair and porch railings, and decorative metal
grills over the pedestrian portals. The proposed stone and earth tones are compatible with the
design of this project as well as the adjacent buildings.
7. Preliminary Landscaping Plan
The Preliminary Landscape Plan is shown below and is also included as Sheet L-1 in the Project
Plan Set, dated received June 28, 2010, on file at the Community Development Department.
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8. Other information
Inclusionary Zoning regulations: The Inclusionary Zoning requirements for this
Project shall be as set forth in the Development Agreement as amended.
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 (R-M Multi Family Residential Zoning
District) except as provided in the Stage 2 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.
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
G:\PA1A2009\PA 09-002 Site E-1 \PC OS 24 2010\PC Att 1- Exhibit A- PD Stage 2 Ord.DOC
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