Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
4.03 Downtown Dublin SP
OF DU��2 194� �82 STAFF REPORT CITY CLERK ❑QC❑ ®© DUBLIN CITY COUNCIL File # 0 - DATE: February 15, 2011 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJE • PA 07-036 Downtown Dublin Specific Plan. Zoning Ordinance Amendments and rezoning properties in the Downtown Dublin Specific Plan area from various Planned Development Zoning Districts to a new Downtown Dublin Zoning District. Prepared By: Kristi Bascom, Principal Planner lq') t EXECUTIVE SUMMARY: The City Council will consider amendments to the Zoning Ordinance to implement the Downtown Dublin Specific Plan (DDSP). FINANCIAL IMPACT: None at this time. RECOMMENDATION: Staff recommends that the City Council waive the reading and adopt an Ordinance approving Zoning Ordinance Amendments to create a new Chapter: 8.30 (Downtown Dublin Zoning District), rezone all properties within the Downtown Dublin Specific Plan project area to the Downtown Dublin Zoning District, amend the Zoning Map to identify the location of the new Zoning District, amend Zoning Ordinance Chapter 8.12 (Zoning Districts and Permitted Uses), and amend Chapter 8.104 (Site Development Review). S bmitted By: Revie y: Community Development Director Assistant City Manager M Page 1 of 3 ITEM NO. DESCRIPTION: Background . The City's high priority goals include the preparation of a comprehensive Downtown Dublin Specific Plan (DDSP), encompassing the area of the Downtown Core, Village Parkway, West Dublin BART, Dublin Downtown, and San Ramon Road Specific Plans. A map of the project area is shown below. The DDSP consists of a comprehensive set of guiding principles, standards, and design guidelines that will implement a vision for future development in Downtown Dublin. Figure 1: Specific Plan Area ~ a, ~ ~ `~ ~~ ~,:~ ~ti ~ ~~ ~,: .. .. ~ _ .. ,~ ~ < ~, ~ ~ ~ ~ "~ ~ ~ .. ` ^ ~ _ :, _~- . ~_.~4~' ~~ ,..r' E,~ l ~ ~ ,. ~,, ~~;;; o.r,,,.r~"'' C;ttti ~:,f F! er~ sanl-_ r, Please refer to Attachment 1 for background information regarding the preparation of the DDSP and a description of the Specific Plan. CITY COUNGIL ACTION: On February 1, 2011 the City Council certified the Final Environmental Impact Report and adopting Environmental Findings under CEQA for the Downtown Dublin Specific Plan (Resolution 8-11). The City Council also adopted the Downtown Dublin Specific Plan, amended the General Plan to ensure consistency with the Downtown Dublin Specific Plan, and repealed the West Dublin BART Specific Plan, Village Parkway Specific Plan, Downtown Core Specific Plan, Dublin Downtown Specific Plan, and San Ramon Road Specific Plan (Resolution 9=11). Page 2 of 3 At the same meeting, the City Council also waived the, first reading and introduced an Ordinance approving Zoning Ordinance Amendments to create a new Chapter: 8.30 (Downtown Dublin Zoning District), rezone all properties within the Downtown Dublin Specific Plan project area to the Downtown Dublin Zoning District, amend the Zoning Map to identify the location of the new Zoning District, amend Zoning Ordinance Chapter 8.12 (Zoning Districts and Permitted Uses), and amend Chapter 8.104 (Site Development Review). Please refer to the February 1, 2011 City Council Staff Report (Attachment 1, page 8) for a complete discussion of the proposed Ordinance. The City Council is currently requested to waive the second reading and adopt the Ordinance (Attachment 2). ATTACHMENTS: 1. City Council Staff Report dated February 1, 2011 (without attachments). 2. Ordinance approving Zoning Ordinance Amendments to create a new Chapter: 8.30 (Downtown Dublin Zoning District), rezone all properties within the Downtown Dublin Specific Plan project area to the Downtown Dublin Zoning District, amend the Zoning Map to identify the location of the new Zoning District, amend Zoning Ordinance Chapter 8:12 (Zoning Districts and Permitted Uses), and amend Chapter 8.104 (Site Development Review) G:\PA#\2007\07-036 Downtown Dublin Specific Plan\CC 02.15.2011\CCSR 02.15.2011.doc Page 3 of 3 ~y OF Dp~~ ' - ~ ~ - G~ fG . ' ~ ~i i9'~i~`ez STAFF. REPORT C I T Y C L E R K ~~~,~~~ ~~~ DUBLIN CITY C~UNCIL File # ^~~~-~~ ~-zo -3D DATE: February 1, 2011 ~~ ~ ~ ~~ TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager , ~ SUB.fE . PA 07-036 Downtown Dublin Specific Plan. Specific Plan, General Plan Amendment, Zoning Ordinance Amendments, Rezoning properties from various . Planned Development Zoning Districts to a new Downtown Dublin Zoning District, _ and Environmental Impact Report. Prepared By: Kristr Bascom, Principal Planner ~ ,. EXECUTIVE SUMMARY: The City Council will consider the Downtown Dublin Specific Plan (DDSP) and associated implementation actions. The DDSP consists of a comprehensive set of:~guiding principles,. ~ standards, and design guidelines that will implement the vis'ion for future development in Downtown Dublin. In addition to the DDSP, several amendments are. proposed to the General Plan and the Dublin Zoning Ordinance to implement the Spe.cific Plan. Upon approva{ ~of the Zoning Ordinance Amendments, properties in the DDSP project area will be rezoned from various Planned Development Zoning Districts to a new Downtown Dublin Zoning District. Certification of a Final Environmental Impact Report (EfR) is also being considered. FINANCIAL 1MPACT: None at this time. , RECOMMENDATION: ~ Staff recommends that the City Council: 1) Receive Staff presentation; 2) Open the public hearing; 3) Take testimony from the public; 4) Close the public hearing and deliberate; 5) Take the following actions: (a) Adopt a Resolution certifying the Final Environmental Impact Report and adopting Environmental Findings under CEQA for the Downtown Dublin Specific Plan, (b) Adopt a Resolution adopting the Downtown Dublin Specific Plan, amending the~General Plan to ensure consistency w,ith the .Downtown Dublin Specific Plan, and repealing the West Dublin BART Specific Plan, Village Parkway Specific Plan, Downtown Core Specific Plan, Dublin Downtown Specific Plan, and San Ramon Road Specific Plan, and (c) Waive the reading and introduce an Ordinance approving Zoning Ordinance Amendments to create a new Chapter: 8.30 {Downtown Dublin Zoning District), rezone all properties within the Downtown Dublin Specific Plan project area to the Downtown Dublin Zoning District, amend the Zoning Map to identify the location of the new Zoning District, amend Zoning Ordinance Chapter 8.12 (Zoning Districts and Permitted Uses),`and amend Chapter 8.104 (Site Development Review). ~ , G~- S bmitted By: Revie d By: Community Development Director Assistant City Manager i - - 7 Page1of11 ~, _~ -/~j;=~~-~~i ~ ATTACHMENT 1 Page-2 of 11 I~ ~ RBF Consulting to complete the ElR on July 21; 2009. On January 29, 2010, Staff distributed a Notice of Preparation in accordance with the California Environmental Quality Act (CEQA) notifying the public that the City would prepare an EIR in conjunction with the DDSP. The Draft EfR was completed, circutated fior public review, and the Final EIR is being considered by the City.Council at this public hearing. ANALYSIS: The DDSP represents a vision of the future devefopment for the Downtown area while providing flexibility to respond to market conditions. The DDSP has several key concepts: ~ 1. Distinct Districts. The project -.4::_ ~~._,-.~.,.-~~ _:, ,,..; .,:~ ,,- ; :.,..: . r 4 . A ~' 1 ~i +'. ' ~ . . • >. ~ ~ . area is divided into districts, each of ~, ~~ ~4r ~ ;~ -~ ~~ ~ which have development standards '~ ~ ~' . ~ ~ ~ ~y t r ;', ;~ ~, j ~~i ~~~ ~% t .t ',ti ~ ~ E ~_ .( ~ 7~^~ rT « and design guidelines that are '~ ~t .4 ,., , , ;; , ~~;, ; ,'' - - ~ ~ ',,~ ~ °`~ ~ ~ unique to each district. The three ~ ;,~`', i ~ : ; ` t,, C '}~ `~`~ `_ ~, ~~~~~,; : .. districts, shown ~ in the figure to the ~~; z =r ` ' ," J " `~~~ ~„ , ~. Village right, are: (1) the Village. Parkway , ~~~~ ~~ ~i{, ` f " 3 ~ ` y~, ~~~ ~ . ~i District, which encompasses the ' `, ;; ~-,5,~;k , s ~:.~~ ~ ~~~,_ : t~E~~t" ~~n.~w~~~ : ~~ former. :Village . Parkway: Specific ; ~=; ~t ~`~~~ ~ ,~~`~~ #, '~, ~~ ~~~~ ~ ~'~'.; ~ Y ~ ~ ~ ~~ ~~. ~ ' . ~ . : Plan . Area~' ~ (2) the Retail District " ~F' ° ~' ~ ~ ~ ~~~`~~ ` ~~'~~~` ~ ~~ ~ ~ ' , . ~ ~, ~, _ `~{~ '` -'~ ':~ ~~ a,~~ ~ Retail District '`~=>~~r,t ~ . which is~ located to the => north of ~ r~ ~. ~ { ~~ . k y s ~ L ~~ ~ : Dublin Boulevard and .comprised ~of -.. ~~ r, ~ ,_ ~~.~~ , ~~ti~~ ; ~ - an area that is dominated by retail ~,~ ~; ~' ~ ~'~~ ~~ ~ ~°~~~ ~~: ~` ~ ~~ a ~ Y~~ ~~ ~ ~ ,' , ~ ~ ~ ~ ~ ~s ~ ~ ~ ~ g~ ~ and large format retail uses; and (3) .~ ~ fx~} € ~~~ ` ~ „' ~~ ~ ; .z~ ~ *'r ~ X ..~;~~ ~'~~~ ` the~Transit-Oriented District, which °; ~~~..~ , ~ ~~~~- '~"~`~' ~~~a~ ° ~ ~~~~a~"~~~~~~~ ,,s ~ '~~~ ~ ~ is located south of Dublin Boulevard ~ ~ ; r ~"~ ~~~~' ~`~~~'~ ~ ~~ ~ ~ ~ and near the West Dublin BART ~ ~ ~` ,~~~ Transit Oriented ~M~" ~~~` ~ ,,,~ ~ •••' ~ Distnct ~ , ; Station a.nd accommodates transit- r '~ ~ ~-~ ` ; ~~- '~ ~~- ~ ~ ~ ~ >. ~ ~ .~~ ; ~~ ~ ~ ~ oriented developments with ' :~: ;~ ~,.~. ~.,3 ~~~~~ K ~~~' ` . significantly higher Floor Area ~` '~ ~ ~ ~ a ~~f ~ ' l :~` .~ ~~'~~ `,"~~. ~~~ ~~ . Ratios (FAR) that will allow greater ~~'~ ~~ `''"~~ development capacity to take advantage of the proximity to public transit opportunities. . t . 2. Land Uses. The range of allowed land uses in the DDSP is intended to promote a viable mix of commercial and residential uses in the; project area: The permitted, conditionally permitted; - and prohibited land uses for each district are located directly in the DDSP. This is a unique approach in that uses are permitted throughout the district and are not specific to a certain piece of property. 3.. Development Capacity. The DDSP is set up to allow a "base" amount of development on each parcel by right. In the Draft DDSP, a base Floor Area Ratio (FAR) is permitted, and if a property owner would like to develop beyond the base FAR, they may obtain additional square footage from the "Development Pool." The Development Pool would allow the property owners to develop their property up to a maximum FAR. In order to access the Development Pool the property DISTRICT BASE MAXIMUM FAR FAR Retail 0.35 0.6 Transii- O.SQ l.2 Oriented Village Parkway 0.35 0.35 owner would be required to enter into an agreement with the City and would need to provide a community benefit (described below). The base and maximum FAR for each district is shown in the table above. Page 4 of 11 5 17 4. Community Benefit Proqram. The Community Benefit Program concept.allows.Applicants to have the option of receiving a higher density (up to the maximum FAR) on their property in exchange for providing a public benefit to the DDSP area. There is not a list of prescribed benefits, but the DDSP includes examples of appropriate community benefits such as the physical development of a public plaza or gathering space, park, outdoor play area, or enhanced streetscape improvements. Other benefits might include sponsoring a special event downtown, providing public safety enhancements, or payment into a Downtown Fund for future public improvements. . DDSP Overview ~ The DDSP is divided into the following sections, and is included as Exhibit A of Attachment 1. It is expected that future refinements to the DDSP are likely to take place as development moves forward in the downtown, as conditions change, and as policies are implemented. Any proposed changes to the DDSP would require review by the Planning Commission and approval by the City Council. ~. 1. Introduction~ , . ~ ~ 2. Site and Context ~ 3. Land Use;and .Development~Plan. .~ - ~ ~ ~ ~ ~ ~ - '. 4: Development Standards acnd Design Guidelines . ~ ,. . ~... . . , ~: ~ 5. Mobility and Infrastructure ~ . ~ ~ ~ ~ ~ ~ ~ 6. Implementation and~Administration , ~ : - . ~ The main sections of the document are d:escribed in~more detail below Chapter 1: lntroduction , ~ This chapter~establishes the purpbse and intent of the DDSP, its location and relationship to other plans and policies, the planning process, and includes a user's guide. - Chapter 2: Site.and Context ' ~ This chapter provides background information and describes opportunities; issues, and~ strategies related .to the potential future development and revitalization of. the DDSP Area. It was developed based on a review of background documents, field surveys, meetings with City staff, public workshops, input from the City Council and Planning Commission, and interviews with stakeholders in.the DDSP Area. ~ .- ~ Chapter 3: Land Use and Development Plan Chapter 3 details guiding principles for the Village Parkway, Retail, and Transit-Oriented Districts, the allowed land uses, and the amount of development that is permitted in each district. The chapter describes the development potential of both the base square footage/floor area ratio (FAR) and also the maximum development potential allowed using the Development Pool. ~ Chapter 4: Development Standards and Design Guidelines ~ ~~ This chapter contains the development standards and design guidelines that are intended to create distinct districts that have a look and feel appropriate to their respective guiding principles. Development standards are requirements that must be met for project approval. These are contained in Sections 4.1, 4.2, and 4.3 of the DDSP. Design guidelines are less strident and are often encouraged or discouraged rather than required or prohibited. These are contained in Section 4.4 of the DDSP. Page 5 of 11 ~ ~~ Chapter 5: Mobility and Infrastructure Plan This chapter establishes the circulation~and infrastructure improvements required to permit the development potential of the DDSP Area. The chapter outlines the vehicular circulation, bicycle and pedestrian circulation, and public transit to be further developed in the DDSP area. The chapter also describes the limited water;. sewer, and storm drain infrastructure improvements needed to enable future development in the area. Chapter 6: Implementation and Administrafion .. This chapter describes the process for implementing and administering the DDSP, including the processes for development review, treating, nonconforming uses, and amending the DDSP. This chapter also describes how the Development Pool and Community Benefit Program functions. . ~ RECENT DDSP REVISIONS: ~ At the joint Study Session on August 21, 2010, .the City Council and Planning Commission had their first review of the complete Draft DDSP. . Based on the feedback received:at this.meeting, . Staff made several changes to the document: ~;Staff also made one change to the document based on input received from the Bay Area Air Quality Management District (BAAQMD) during ° the public comment period; which is noted below: " ~~ ~ ~ ..- , .. . - . . . ~: .~..~.... .. :;,.. , . Vision: . . . . • Added "pedestrian-friendly" and~ ~"aesthetically-pleasing" to the document's Vision Statement. , - ~ ~ . Chapter ~1: . . . - . • Added information about the City's Green Building Ordinance. ~ Chapter 3: ~ . ~ . ~ ~• ~Added ~ two new Guiding Principles related to (1) creating a vibrant and dynamic ~ downtown and (2) encouraging the use of local labor, businesses, and materials. • Clarified that dining and/or entertainment uses are allowed in any district. • Added notations to Table 3-1 (Land Uses) that residential uses,. while allowed in any district, shall incorporate additional ciesign features if located within 1,000 feet of ~ Interstate 580 or :680 in order to comply with ttie requirements of the California Air Resources Control Board. (BAAQMD-directed change) ~ Chapter 4: ~ • Added language to the vision statement for each district emphasizing pedestrian scale, use of green building materials, and encouraging creativity and. unique design. • Development Standards (Section 4.3): . o Added language to the development standards for each district~ noting that shared access to multiple parcels is desirable. o Added language to the development standards of each district noting that residential uses located within 1000 feet of either Interstate 580 or 680 shall incorporate . additional design features intended to minimize the impacts of toxic air contaminants on future residents. . o Clarified .that the maximum building height in the Transit-Oriented District is 8 stories/90 feet and that some features may extend beyond this height. • Design Guidelines (Section 4.4): ~ o Added text to the "General Building Design" guidelines noting that any building fa~ade viewable from the pubfic realm shall have architectural elements and features similar to the front fa~ade. Page 6 of 11 ~ 1~ ~ o Removed the list of allowed building materials and replaced the text with language stating any selected building material should be dureble, high quality, attractive, and consistent with the City's Green Building Ordinance and the Community Design and Sustainability Element of the General .Plan. o Added a new section on "Gateway Features" which are those features that help to visually define transitions between spaces and buildings. lncluded photographs of desirable gateway features. o Added new section on "Public Outdoor Gathering Spaces" which are distinguished from Private Outdoor Spaces. Included photographs of attractive public outdoor gathering spaces. ~ o Incorporated several additional photographs of good architectural examples in Dublin. o Changed text to state that energy efficient lighting is required (not encouraged). Repealing other Specific Plans ~ - ~ A part of the adoption of the DDSP involves repealing the other specific plans in the project area that the DDSP is meant to replace. The intent. of the DDSP is that this document addresses the comprehensive Downtown publin~ area and negates the need for the individua4 specific.plans that address each area individually. -The action of_adopting the DDSP will include a formal repeal of the Village Parkway Specific Plan; the Downtown Core Specific. Plan, the . Village Parkway Specific; Rlan, the Dublin Downtown Specific Plan, and the San Ramon Road Specific Plan. . ~,, : . . . . . : . ,. _ Although the San Ramon Road Specific Plan area is ~not fully encompassed by the new DDSP, ~ Staff recommends repealing the Plan in its entirety. The only portions of the San Ramon Road Specific Plan that remain outside of the DDSP boundary-are two tracts of land.;~that are developed with multi-family uses. The Plan was adopted by the City Council in 1983, an.d most of the conditions and policies described in the Plan are no longer relevant in 2011. :' For this reason, Staff proposes a full repeal. of the San Ramon Road Specific Plan along with the others. The Resolution adopting the DDSP is included as Attachment 1 of this Staff Report; and the proposed DDSP, with the revisions noted above, is included as Exhibit A to Attachment ~1: GENERAL PLAN AMENDMENTS: Several amendments to the General Plan are required in order for the DDSP, as drafted, to be . consistent with the elements of the General Plan. One of the main amendments to the General Plan is to change the land use designations in the DDSP from the various parcel-specific land use designations to a new land use designation that applies.to an entire district. Currently, parcels in the DDSP have a variety of. General Plan land use designations, ~including Retail/Office, Mixed-Use, High Density Residential, Public/Semi-Public, Retail/Office and Automotive; and Parks and Recreation. The General Plan will be amended to include three new land use .designations: Downtown Dublin - Village Parkway Districfi, Downtown Dublin - Retail District, and Downtown Dublin - Transit-Oriented District. The boundaries of these three land use designations shall be contiguous with the district boundaries shown in the DDSP, and the maximum development potential shall be as described in the DDSP. Figure 1-1a (General Plan Land Use Map) shall be amended accordingly. ~ Another key amendment to the General Plan is~revising the circulation policy that requires the operating Level of Service (LOS) for intersections in Dublin to be no worse than LOS D. LOS is a qualitative description of operating traffic conditions, ranging from LOS A(free-fiow traffic Page 7 of 11 ~° ~~ ~ conditions with little or no delay} to LOS F(traffic flows exceed design capacity, resulting in long queues and delays). ~ ~ This item was discussed in detail at the June 29, 2010 Study Session. After consideration, the City Council provided direction to Staff that this LOS D or .better policy should not apply to all intersections within the DDSP project area. The concept behind the change is that the community is willing to accept increased traffic congestion (i.e. reduced level of service) that comes with allowing greater development capacity., Keeping the .LOS D policy, which was deemed not desirable, would result in larger roadways and changed lane configurations. These improvements, while impraving traffic flow, would be in conflict with improving the pedestrian and bicycle safety in Downtown Dublin and cceating a more walkable area. Other minor amendments are proposed to update the General Plan text to.note the existence of the new DDSP and to remove references to the West Dublin BART and Downtown Core Specific Plans. The exact changes proposed to the General Plan are illustrated in Attachment 2,. with strikeout text show.ing the proposed deletions and underlined text showing .the~ proposed additions. ~ : . . . ~ : ~ The Resolution adopting the General Plan Amendments. is included as Attachment 1~to this ~ ' ~ Staff Report. . :. . . . . . ~ ... ~ : ~ ~ ' - . .. . . . . , . , ~ - ~. ~ ZONING ORDINANCE AMENDMENTS: . ~ ~ ~ ~ ~. One of th~e implementation actions of the.DDSP is to rezone all of the properties in the DDSP ~~ area with a single zoning districf to streamline review and approval of;new.development in:the'~ DDSP. By creating a new zoning designation that refers to..,the permitted {and~ uses.and . development standards contained in the DDSP, future development applications need only~ be . in compliance witli the DDSP.instead of other zoning districts that..were developed prior to the ~ creation of the DDSP. If a development proposal is in conformance ~with .the DDSP, the only_ . planning approval needed~is for Site Development Review, or a Conditional/Minor Use Permit in some circumstances. ~ . ~ The proposed Zoning Ordinance Amendments are as follows: . 1. Create a new zoning district and a new Chapter in the Zoning Ordinance: Chapter 8.30 ~ Downtown ~Dublin Zoning District ~ ~ 2. Rezone all parcels in the DDSP project area to the Downtown Dublin Zoning District (this includes all pcoperties shown in. Figure 1 of this Staff Report); 3. Amend the Zoning Map to show the location of the Downtown Dublin Zoning District; and 4. Make minor amendments to Chapter 8.12 (Zoning Districts and Permitted Uses of Land) and Chapter 8.104 (Site Development Review) to reflect the existence of the new Chapter 8.30 (Downtown Dublin Zoning District). ~. New Chapter 8.30 (Downtown Dublin Zoning District) identifies the permitted uses and development standards for properties.in the zoning district by referring back.to Sections 3.1, 4.1, 4.2, and 4.3 of the DDSP itself. If these sections of the DDSP are amended in the future, they wi{I need to be accompanied by a Zoning Ordinance Amendment, since these sections serve as the zoning standards for the Zoning District. If other sections of the DDSP are amended. in the future, they can be done so through Resolution. Page 8 of 11 ~i ~~ All of the properties in the DDSP area are currently zoned Planned Development (PD). All of these PD Zoning Districts would be replaced by a single Downtown Dubliri Zoning District. In general, the development standards and permitted uses outlined in the DDSP are flexible and fairly generous. There are no known situations where the existing Planned Development Zoning District is more permissive than the provisions of the DD$P, so it is expected that most (or all) of the existing developmenf in the Downtown area is in conformance with the DDSP. The benefit of the rezoning is that property.owners will .no longer need to go through a Planned Development Rezone (either Stage 1 or Stage 2) when new development is proposed, they will simply need to be in compliance with the new Downtown Dublin Zoning District and the DDSP: The development would only be subject to Site Development Review. In the unlikely event that existing buildings and/or uses becorime non-conforming with the rezoning from Planned Development to Downtown Dublin Zoning ~District, the provisions of Ghapter 8:140 (Non-Conforming Uses and Structures) would apply. However, given~ .the generous provisions of the development standards and allowed uses in the DDSP, Staff does not anticipate that this situation will occur. ~ ~~ .. Two public meetings were held on October _13, 2010 to, ~ among othe.r~ ~,things, explain the ~". proposed rezoning action. A notice was sent to all property and business owners~ in, and within .~ 300 feet ~of, the ~DDSP project area ,inviting ~-them: to~ the ..meetings, and approximately 20 ~..: interested people attended.. No questions were asked about.the proposed rezoning action; but Y Staff answered several questions about the DDSP itself. ~~ . , .~ The Ordinance ~~approving the above-noted Zoning Ordinance ~Amendments is included as~ .~ '~ . ~: Attachment 3~,to: this. ~ Staff ~ Report. More specifically; the entire. proposed' ~new~ Chapter ~8:30 ~~.~` (Downtown Dublin Zoning. District) is included in Section 3 of the :Ordinance, :the. proposed .. amendment .to ~Chapter 8:12 (Zoning Districts and Permitted Uses . of tand) ;is. ° included in ~:° .. Section 4, of. the. ~ O.r.dinance, and the proposed amendments to Chapter 8.104 (Site ~~ ~: Development Review)~are included in Sections 5 and 6 of the Ordinance. ~ ~~ ~ ENVIRONMENTAL REVIEW: ~ ~ ~ '~ An Environmental Impact Report (EIR) was prepared. to address potential environmental impacts of ~the DDSP. The DDSP EIR (SCH# 2010022005) was prepared in accordance with the California Environmental Quality Act (CEQA). The~ Draft EIR was released for public ~review for a 45-day period, from September20, 2010 to November 4, 2010. • ~ . ~ Written comments were received from five public agencies, and the City also had discussions with the Bay Area Air Quality Management District about the Air Quality and .Greenhouse Gas Emissions sections of the DDSP and EIR. The comment letters, along with the City's response to those comments, are contained in the Final EIR. The Draft EIR and Final EIR are included as Exhibits A and B to Attachment 4 of this Staff Report, and the Mitigation Monitoring ~and Reporting Program is included as Exhibit F to Attachment 4. As required by CEQA, the Final EIR (that. includes the Response to Comments) was sent directly to the five agencies that provided comments on the Draft EIR. The DDSP EIR (comprised of the Draft EIR and Final EIR) has been available for review at City Hatl. The documents are also posted on the City's website on a page devoted to the DDSP. A letter from CalTrans on the Final EIR was received by the City on December 20, 2010 (Attachment 5). Although CEQA does not require a Lead Agency to provide a response to any Page 9 of 11 1~~i~ comments received after .the.45-day Draft EIR public comment period (which ended. on November 4, 2010), the City did prepare and send a response to CalTrans, which is included as Attachment 6 to this Staff Report. ~ ~ The Resolution certifying the Final EIR is included as Attachment 4 to this Staff Report. PLANNING COMMISSION ACTION: . The I?lanning Commission reviewed the project at a public hearing on December 14, 2010. The ~~ Commission discussed the merits of the project and the changes that had been made to the DDSP since the last Planning Commission review in August 2010. The Commission deliberated and approved the foltowing resolutions by a 3=0-1 vote (1 absent): •-Resolution 10-57, recommending City Council certification of a Final Environmental Impact Report and Adoption of Environmental Findings under CEQA for the Downtown Dublin Specific.Plan; ~ ~ ~ • Resolution 10-58, recommending that the City Council adopt a~Resolution adopting the ~. ~ ~Downtown Dublin'Specific Plan, amending the General Plan to,ensure consistency with~ .~: ~ th.e Downtown~Dublin Specific Plan, and.repealing the,West Dublin BART Specific.Plan, .~. ...:-:: . . ~ . . . . . °'~~~ ~.Village~ Parkway Specific Plan,~Downtown Core Specific Plan, Dublin Downtown:S'pecific ,'' ~.~:~~ - ~ ~ ~ - Pfan; antl San ~Ramon Road Specific Plan; and ~ ' • ': '.~~:~ : ' .~ ~ ~ . • Resolution 10-59, recommending~ that the City Council Adopt.an Ordinance.~approving ; ~ Zoning Ordinance.Amendments to create a new Chapter: 8.30 (Downtown.Dublin Zoning ~. ..~ .., .. Disfrict),,rezone. all properti_es within the. Downtown.D.ublin Specific Plan .project area #o~. ~: ~~ ._ ~~.:the~ Downtown Dublin Zoning District, amend the Zonin.g_ Map. to identify the location of .; ~ ~ . . tFie .new :Zoning District, .amend Zoning Ordinance ~ Chapter 8.12 (Zoning:.Distcicts. and ~.. ~ ~. -. _. Permitted Uses), and amend Chapter 8.104 (Site Development:Review). -~ .~ The December 14, 2010 Planning Commission rrieeting minutes are included as Atta~chment 7 ~to this Staff. Report. ' : . NOTICING REQUIREMENTS/PUBLIC OUTREACH: A notice of this public hearing was published in the Valley Times and mailed to all property .. owners and.tenants.in the DDSP area,.those within 300 feet.of. the existing :DDSF boundaries, and all persons who have expressed an interest in being notified of ineetings. The notification ... list for. DDSP notices has 2,330 mai{ing addresses and 209 e-mail addresses. Announcements . of each public meeting related to the DDSP have been mailed and e-mailed to these notificatiori lists. . Numerous public outreach efforts have taken place over the course of developing the DDSP, including an online survey, walking tours, workshops, one-on-one interviews, joint City Council/Planning Commission Study Sessions and, most recently, two public meetings in October 2010 to review the _DDSP and Draft EIR, and the Planning Commission public hearing on December 9 4, 2010. The Staff Report for this public hearing was also available on the City's website on a specific "Downtown Dublin Specific Plan" webpage. ~ Page 10 of 11 ~i i , ~ ATTACHMENTS: ~ 1. Resolution adopting the Downtown Dublin Specific Plan (DDSP), amending the General Plan to ensure consistency with , the Downtown Dublin Specific Plan, and repealing the West Dublin BART Specific Plan, Village Parkway Specific Plan, ' Downtown Core Specific Plan, Dublin Downtown Specific Plan, and San Ramon Road Specific Plan, with the DDSP included as Exhibit A 2. Summary of General Plan Amendments . . ~ 3. Ordinance approving Zoning Ordinance Amendments to create . a new Chapter: 8.30 (Downtown Dublin Zoning District), rezone all properties within the Downtown Dublin Specific Plan pcoject area to the Downtown Dublin Zoning District, amend the Zoning Map to identify the. location of the new Zoning District, amend . Zoning Ordinance Chapter 8.12 (Zoning Districts and Permitted Uses), and amend Chapter 8.104 (Site Development Review) . ... . 4: Resolution certifying the Final Supplemental Environmental . . Impact Report, adopting environmental findings, a Statement of . ..~Y,..,. ~ ~ ~ ... . ~ Overriding Considerations; and Mitigation IVlonitori.ng and . . ~~ ~ ~~ Reporting Program.under CEQA for the.Downfown Dublin. . - .. . :. .... . :::. :~ : ~ . . . ~ . ...;.:. Specific Plan" (with tlie Draft EIR included as Exhibit A, th.e:Final.. ,. . . :. ... ...., . . . ... ~ : ..: :,.; .. ~: . : ~~ . . . ~EIR included ~as,Exhibit B, the Findings Concerning Significant ~~. . ~ Impacts and Mitigation Measures included as Exhibit C,.the ~ ~ . ~ ° ~ ~ ~ Findings Regarding Alternatives included as Exhibit D, tfi~e' ~ ~ ~ . . . , . - - -: ~ : . Statement of Overriding Cohsiderations inclutled as Exhibit E;~ ~ ~ ~. ~ ~ the and: the Mitigation Monitoring and Reporting Program as. ~ ~ ~ ~~ ~ included as Exhibit F) . ~ ~ . ~~ ~ ~ ~: ~ ~ ~5.: ~ : Comment letter from ~CalTrans, dated received December 20, ~ ; .. . : 2010 . ~ ~ ,.. ~. . . 6. ~City response letter to CalTrans, dated January 19, 2011 . ~ ~~~ ~ ~~~ 7. December 14, 2010 Planning Commission meeting minutes Page 11 of 11 '~ ~ ~ ~ ORDINANCE NO. - 11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ************** APPROVING ZONING ORDINANCE AMENDMENTS TO CREATE A NEW CHAPTER: 8.30 (DOWNTOWN DUBLIN ZONING DISTRICT), REZONE ALL PROPERTIES WITHIN THE DOWNTOWN DUBLIN SPECIFIC PLAN PROJECT AREA TO THE DOWNTOWN DUBLIN ZONING DISTRICT, AMEND THE ZONING MAP TO IDENTIFY THE LOCATION OF THE NEW ZONING DISTRICT AMEND ZONING ORDINANCE CHAPTER 8.12 (ZONING DISTRICTS AND PERMITTED USES), AND AMEND CHAPTER 8.104 (SITE DEVELOPMENT REVIEW) PA 07-036 WHEREAS, the City initiated a Specific Plan study and related General Plan amendment to plan for the City's Downtown. The results of this effort includes the Downtown Dublin Specific Plan itself, General Plan Amendment, Zoning Ordinance Amendments, Rezoning properties from various Planned Development Zoning Districts to a new Downtown Dublin Zoning District, Environmental Impact Report, and other related actions. These planning and implementing actions are collectively known as the "Downtown Dublin Specific Plan Project" or the "Project"; and WHEREAS, .the Downtown Dublin Specific Plan requires that certain amendments be . made to the Zoning Ordinance to assist in the implementation of the Downtown Dublin Specific Plan; and . WHEREAS, the City Council certified the Final EIR and adopted related CEQA findings for the Project on February 1, 2011, via Resolution ~c-xxx; and , WHEREAS, the Downtown Dublin Specific Plan was adopted by City Council on February 1, 2011 via Resolution xx-xx; and WHEREAS, an implementing action of the Downtown Dublin Specific Plan is to create a new Downtown Dublin Zoning District (Chapter 8.30) that will apply to all of the properties identified in Figure 1-1 of the Downtown Dublin Specific Plan. The new zoning district identifies permitted, conditionally permitted, and prohibited uses as well as development standards for properties within the project area; and WHEREAS, the Dublin Zoning Map is amended to include the location of the new Downtown Dublin Zoning District that will include all properties identified in Figure 1-1 of the Downtown Dublin Specific Plan; and WHEREAS, all properties identified in Figure 1-1 of the Downtown Dublin Specific Plan shall be rezoned from their existing zoning district to Downtown Dublin Zoning District; and WHEREAS, Staff has identified additional amendments to the Dublin Zoning Ordinance (Chapters 8.12 (Zoning Districts and Permitted Uses of Land) and 8:104 (Site Development Review)) that will further implement the Downtown Dublin Specific Plan; and ~ ATTACHMENT 2 i3 i~ WHEREAS, the text amendments to Chapters 8.12 and 8.104 and the text of the new zoning district (Chapter 8.30) are shown in Sections 3 through Section 6 of this Ordinance; and . WHEREAS, the Planning Commission did hold a properly noticed public hearing on this project on December 14, 2010 and adopted Resolution 10-59 recommending that the City Council approve amendments to Title 8(Zoning Ordinance) of the Municipal Code and the Zoning Map; and ~ WHEREAS, a properly noticed public hearing was held by the City Council on February 1, 2011; and WHEREAS, a Staff Report was submitted recommending that the City Council approve the Project, including the Zoning Ordinance Amendments and Zoning Map Amendment; and WHEREAS, pursuant to section 8.120.050.B of the Dublin Municipal Code, the City Council finds that the Zoning Ordinance Amendments and Zoning Map Amendment are consistent with the Dublin General Plan and the adopted Downtown Dublin Specific Plan; and WHEREAS, the City Council did hear and use its independent judgment and consider the FEIR, all said reports, recommendations and testimony hereinabove.set forth. . NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows: Section 1: CEQA ` Compliance with California Environmental Quality Act ("CEQA"): In compliance with CEQA, the City Council certified a Final EIR for the Project, including the zoning actions, on February 1, 2011, via Resolution xx-xxx. Section 2: Zoning Map Amendment Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code, the Dublin Zoning Map is amended to include a new zoning district: Downtown Dublin Zoning District. In approving this Ordinance, the Dublin City Council does rezone the following project area ("the Property") to the Downtown Dublin Zoning District: Approximately 284 acres in size. The project area is generally bound by Village Parkway to the east, Interstate 580 to the south, San Ramon Road to the west, and Amador Valley Boulevard to the north. There are some partial boundary limits that extend beyond those roadways, most notably for a portion of San Ramon Road, a portion of Amador Valley Boulevard, and all of the Village Parkway within the Specific Plan area. The amended Zoning Map (zoomed into the project area) is shown on the following page: Page 2 of 6 ~~~~1 D U B L 1 N Z 0 N 1 N G M A P as amended through March l, 2010 ~ t ` , -.~.~. - , , .=PtZ85~0~05 ~s . ~ _ /.r s _ < ~ ' r r:~ ~~` ~ ~, ~ i p ~ i .. ~i s f ~ f . i ~ ~ ~~ : ~ ~/ 1 a;3.^.!~,,a~ ~ /~ . . PA 9 I t~ . ~. S~ ~ ~\ ~ ._ t ~ ,: .,. ~ s 1~ ~~.\~j~ t , ~ "'°' ; , ~. ~ ~ '. 3~ ~ ~ ~ .~ ~ v R-I : P ~~~ ~, ~/ ti °~ v ~~ J~ ~ Z,j. ~~ ' ~~$~000) 4 /PA06 _ t ~ . ~ .. .~ r ,h,. 1 6 . ~,..~.~.... :t,~tv` ~ \~ Ao . fRM~ ~ ! ~ 1 ~ ~ll~ Y >I/ .. ~~/ ~ ~,i. 1 r ~ .( a ~ -~ iz„ ooo~ ,~.. ~ ~ ~~ \ ~ ~~ .~ \ "~' \ ,a,,.. r~ ~ ~ o r ` ~ ` \ {~ d , ~ \ ~ \ , ~ ~~ ; .Y~. PD ~ 1 r' a ~ . Po ~ i - a v y ~ \ . ~. : ` - ~ ' t478 ZU J t ~. 3~ , vn a. ooa ma.~ ~, . .~ ~ ~`ti ~~~ I - Y`< t -~r ~ €,~ y I1~` an' ~ aaAzro33 ~ ~'~~ ub`~'~ ~\~- l~~~i ~~ ) t €~> _ Po '"PD'y - - -, ~ ~ - ~zooo .; i^ - \ ~~i41i zu PA~ 99- ~wR ~ -~i .. ~ -- . . ~ . ; r9r ; ~ PD ~ x ~ '' 17T 3 ~~4T PO&.OJ6 ~~• ` ~~ G9B013 ~ ~ ~ ~3~1'/~' fN~i. ~` 1 ~ ") PA85032$ S ~ J -. ~'U~PA $5'~OL7g /.. - F ~ ~ ;~/ -I ~.~ ~ , ~y 'a~ \ ~ ~ >, E~~~ k'' ~ ..% i2 '. '; `• ~ ~ - , ~ 1 '~ 4 l ~ ~~~ ~ ~~ ~~ ~~ /~.. ~ l J ' PD PA;; ~, ~~, r ~ ~ \ S . ~~, ~ r:,. iiv: )~ ~/a "^"" ~, ~ ~,..+5 ~~ -- ~ qx: ~ \ ~ ~- r -~ .'PD at, j3 r. f. :.` PQl ~ ~ r~"s ; ~OD~Q~~S ~~,° .~ . ~~ C 0~~ PA 02 062,. ~,. . , A+84 OB 1:. ~. ~ ~'~/ ~ ~ ~~ ~ s ' lvnecoie~ ~ ~'~~..PD a ~ .e.~~S .3~ ~ ~'°' ~ ~-~~ _ ~~~ ~ ~ .~ :`.,y- ~ _ I : ' ~394~ ZU ~~; ~% 1, " ;o ~ ~ E , \ 33 PD ~y: i tl~ 4 ~ i ~ ~ o ~ ~ r. ,n .~. \. ._~ i~ 1491 ' (7 OOd) t ~ ~ ~ ,~ ~ + ~F ,~ '.~~~~ ZU ~ ~i~ ~ ~ I;;1~ ,~~" ,+Y ' ~ ~~~~~ . ~'t ~~~\ ~7 ~ , ~, d:.. W} ~ d€ s~,:~i _ ~ ~ ~ ; ~]`i~ ls~ Sz ~ :r ` ~ ~.: ~ y ~ ~ a~ -. i-; ~ r ~ ~t ~ PD /.R k / i / ~ ~ ~ ~ y ~ , c.dz ~' ~P~ :~ ~ ~ ~ ~ .,~ ~°p' .. 5~ Pn es-ozo i (IO,OOOj . '~ \ ~; t t ~; ~ ; .; ' \ ~~r0~ 1362 ZU ` ~ ~;; ~ ~ _ ~ ~ ~ `~n~ :~w - . - . - , . , ~ , . . .. . ~ . ~ PA 02-07 ~. :-: g' , ~.. /~ ~'/ ~ --'~'~. i €_ ~~~: , .: ao r;/ 4~~ " ~ '... ;,:~:. ~ r'ILS2.:2u /_:.u~ ,:"a,"~.°YA~: ~ ~ . . . . ~~ . o ~ . . 0.5 . . , ~ ~ . 1 .< __ . , , ..~ . .... . ~ ,. ~ ~.~:: .~ - . ~ . J ~ .: . . . . .~. ... . .. . . . . .. . . .,. ; .~,, ',~ " ... : ~ MileS~ General ResldentWl CommerNal InAUS[rial Trl-ValleY IurhAictbns ~ o.rb w'ra :``ll} _[ii,;?~ ~ A -~ M~nun 1 0..1 . . l~ a~a) ~ ~ € .. cmm~m/w^a~ M i ~ ..denirv ~,n,«.~.~.<.f Cq al ~.rmon ~~ Z M. ct Inllu~nu ~~ !q~ \/„'. VD ~.~. ~. ~+.ew..p+.m R.~ . ta 1 cx nerommevicen.vro~i MI Wn~l~wtw /~ Cryalnusanton 1~ Sc~Mt[Co~rtOv~rlav r~:'~ l1 1 ~„~(~ ' ~ u ~ uodam~a ~. N n ~ m~.n ~rt e~ , c i rt.r.. tu~..va, n-3 rrxrvHasni ~ c n al Ln aan~an ~ 9p~ai~c Ra~ Mm, ~ r_, \\ ~ \~ . j~~ ~ <: ; ;,~;::;; .~,.; oozo m..,~~a.~w,un: +a ~~ cx aMm~e...~o.l ~ ra~o~eiM ' _ m~a~oo~~.o,~.ee~~mn ..._..... Section 3: New Chapter 8.30 (Downtown Dublin Zoning District) is added to Title 8 of the Dublin Municipal Code to read as follows: CHAPTER 8.30 DOWNTOWN DUBLIN ZONING DISTRICT 8.30.010 Purpose. The purpose of this Chapter is to establish a zoning district to implement the Downtown Dublin Specific Plan and to ensure that all development in the Downtown Dublin Specific Plan area is reviewed for substantial compliance with the Downtown Dublin Specific Plan. 8.30.020 Downtown Dublin Specific Plan. The Downtown Dublin Specific Plan, adopted by the City Council on February 1, 2011 by Resolution xx-xx, and as may be amended thereafter, shall be used to guide the review of Site Development ~ Review applications in the Downtown Dublin Zoning District. The Downtown Dublin Specific Plan contains all information regarding permitted, conditionally permitted, and prohibited uses, development standards, and design guidelines to direct the development and use of properties within the Specific Plan area. All new development in the Downtown Dublin Zoning District shall be reviewed for consistency with the Downtown Dublin Specific Plan. Page 3 of 6 la ~l 7 8.30.030 Applicability. A. Zoning District. The Downtown Dublin Zoning District applies to all properties within the Downtown Dublin Specific Plan area boundary as shown on the Dublin Zoning Map. B. Relation to Previous PD, Planned Development Zoning. All properties within the Downtown Dublin Zoning District that were previously subject to the uses, - standards and other regulations set forth in a Planned Development Zoning District, existing as of the adoption date of this ordinance, may continue to remain in accordance with Chapter 8.140 (Non-Conforming Structures and Uses). 8.30.040 Site Development Review. Site Development Review is required for all development in the Downtown Dublin Zoning District. The Applicant shall submit a complete Site Development Review application pursuant to Chapter 8.104 (Site Development Review) and Chapter 8.124 (Applications, Fees and Deposits), accompanied by a fee and such materials as required by the Director of Community Development. 8.30.050 Permitted Uses. Permitted, conditionally permitted, and prohibited uses are as . specified per district in the Downtown Dublin Specific Plan in Section 3.4. For any ; uses not listed in the Downtown Dublin Specific Plan, their permissibility shall be determined by the Community Development Director. ~ 8.30.060 Development Standards. The development standards for the Downtown Dublin Zoning District are as contained in Sections 4.1, 4.2, and 4.3 of the Downtown Dublin Specific Plan. 8.30.070 Relation to Zoning Ordinance. Except as provided in Sections 3.4, 4.1, 4.2, and 4.3 of the Downtown Dublin Specific Plan, all development in the Downtown Dublin Zoning District shall be subject to the zoning regulations of the closest comparable zoning district, as determined by the Director of Community Development, and the regulations of the Zoning Ordinance. In the event of conflict between other zoning provisions and the Specific Plan, the Specific Plan provisions shall control. Section 4: Section 8.12.050 of Chapter 8.12 (Zoning Districts and Permitted Uses of Land) of Title 8 of the Dublin Municipal Code is amended to read as follows. All other sections of Chapter 8.12 remain unchanged and in full effect. 8.12.050 Permitted and Conditionally Permitted Land Uses. The following "Land Use Matrix" lists the permitted and conditionally permitted. Use Types, as defined in Chapter 8.08, Definitions, in each Zoning District, and the decision making-authority. Uses in the Downtown Dublin Zoning District are set forth in Chapter 8.30 (Downtown Dublin Zoning District) of the Zoning Ordinance. (No changes made to the Land Use Matrix itself, so it is not reprinted here) Page 4 of 6 Section 5: l~ ~f Section 8.104.030 of Chapter 8.104 (Site Development Review) of Title 8 of the Dublin Municipal Code is amended to modify the first paragraph and to modify Section 8.104.030.A.3 to read as follows. All other sections of Chapter 8.104 remain unchanged and in full effect. 8.104.030 Waiver. The Community Development Director or his/her designee may approve a Site Development Review Waiver to allow a minor physical change to a site or structure, with or without a previously approved Site Development Review, or minor modifications to approved Site Development Reviews, where the improvement is Categorically Exempt from the California Environmental Quality Act, the improvement is consistent with the purposes of this Chapter, with the General Plan and with any applicable Specific Plans and design guidelines, and as specified below. ~ 8.104.030.A.3 Minor : Modifications to Approved Site Development Review. Minor~ modifications to an approved Site Development .Review (other than what is listed in this section), where the modification is in substantial conformance with the approved Site Development Review, is consistent with the conditions of approval for the Site Development Review, is in conformance with the General Plan and any applicable Specific Plans and design. guidelines, and is exempt from the California Environmental Quality Act. Section 6: Section 8.104.040 of Chapter 8.104 (Site Development Review) of Title 8 of the Dublin Municipal Code is amended to modify Section 8.104.040.F and add a new Section 8.104.040.G as follows All other sections of Chapter 8.104 remain unchanged and in full effect. F. Downtown Dublin Zoning District. All improvements within the Downtown Dublin Zoning District shall be reviewed in accordance with and subject to Chapter 8.30, Downtown Dublin Zoning District. G. All Other Improvements. All other improvements to structures or a site, which are not otherwise mentioned in this Chapter, stiall be subject to a Site .Development Review Waiver or Site Development Review, as determined by the Community Development Director. Section 7: Severability. In the event any section or portion of this ordinance shall be determined invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. Section 8: Savings Clause. All code provisions, ordinances, and parts of ordinances in conflict with the provisions of this chapter are repealed. The provisions of this chapter, insofar as they are Page 5 of 6 i~ ~7 ~ substantially the same as existing code provisions relating to the same subject matter shall be construed as restatements and continuations thereof and not as new enactments. With respect, however, to violations, rights accrued, liabilities accrued, or appeals taken, prior to the effective date of this ordinance, under any chapter, ordinance, or part of an ordinance shall be deemed to remain in full force for the purpose of sustaining any proper suit, action, or other proceedings, with respect to any such violation, right, liability or appeal. Section 9: This Ordinance shall take effect and be in force thirty (30) days from and after the date of its final adoption. The City C~erk 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 39633 of the Government Code of California. PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this _ day of ,. 2011, by the following votes: ; AYES: . - , . ~ ' NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:IPA#12007107-036 Downtown Dublin Specific PIanICC 02.15.20111CC Att 2- ZOAs.doc Page 6 of 6