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Home My WebLink About6.6 EneaPlzaSouth/PD RezonAGENDA STATEMENT CITY COUNCIL MEETING DATE: February 22, 1988 SUBJECT: PUBLIC HEARING PA 87-178 Enea Plaza (Southern Portion) - A planned development rezoning request to rezone the southern 3.0+ acres of APN 941-1500-040 (located on the west side of Amador Plaza Road near Dublin Blvd.) from a PD, Planned Development District (Alameda County Ordinance No. 81-26 fBr 1464th Zoning Unit, allowing administrative office uses with limited ancillary retail use) to a new PD, Planned Development District allowing a range of retail, office, personal sea, ice and financial uses. The rezoning request shall consider land uses identical to those permitted by City Council Resolution No. 41-87 and Planned Development Application PA 87-018. EXHIBITS ATTACHED~ Exhibit A - Exhibit B - Exhibit C - Draft Resolution regarding the Negative Declaration of Environmental Significance for PA 87-178. Draft Resolution regarding the PD, Planned Development Rezoning request for PA 87-178. Draft Ordinance AMending Zoning Ordinance for PA 87-178. BACKGROUND ATTACi~.[ENTS: 1. Draft Planning Commission Minutes from the meeting of February 1, 1988. 2. Planning Commission Staff Report from the meeting of February 1, 1988 for PA 87-178 (without attachments). 3. Planning Commission Resolution No. 88-005 regarding adoption a Negative Declaration of Environmental Significance for PA 87-178 andl Planning Commission Resolution No. 88-006 recommending that the City Council approve the PD Rezoning for PA 87-178. 4. Location and Zoning Map showing where PA 87-018 is applicable and where PA 87-178 is applicable. 5. Negative Declaration of Environmental Significance for PA 87-178. 6. Dublin City Council Resolution 105-87 establishing new provisions for the rezoning involving PA 87-018, Amending Resolution No. 41~87 which originally approved PA 87-018. 7. Dublin City ~.ouncil Resolution No. 106-87 approving Release and Settlement Agreement and City of Dublin Public Dedication Agreement. 8. Dublin City Council Resolution No. 107-87 initiating a PD, Planned Development Rezoning concerning PA 87-178. 9. Final Action Letter dated August 14, 1987 conditionally approving PA 87-018 including the following attachments: City Council Ordinance No. 35-87 amending the Zoning Ordinance to permit the rezoning of the real property located at ITEM NO. ~o ~ COPIES TO: O,~ner File PA 87-17S the southeast and southwest corners of the intersection of Amador Plaza Road and Dublin Boulevard; - City Council Resolution No. 41-87 approving a PD, Planned Development Rezoning concerning PA 87-018. t0. Permitted land uses approved through PA 87-018. 11. Alameda County Ordinance No. 81-26, amending Chapter 2, Title 8 of the Alameda County Ordinance code relating to Zoning, Rezoning for the 1464th Zoning Unit. It includes land uses permitted in the 1464th Zoning Unit via the rezoning, and includes a cop7 of the !and uses permitted under the C-0, Administrative Office District. 12. Map of the area, an excerpt from the Downtown Dublin Specific Plan. RECO~iENDATION: 1. Open public hearing and hear Staff presentation. 2. Take Testimony from Owner and the Public. 3. Question Staff, O-~aer and the Public. 4. Close Public Hearing and deliberate. 5. Adopt Resolution regarding the Negative Declaration of Environmental Significance for PA 87-178 (Exhibit A). 6. Adopt Resolution regarding the PD Planned Development Rezoning Request for PA 87-178 (Exhibit B). 7. Waive reading and introduce Ordinance Amending Zoning Ordinance (Exhibit C). FIXA2~C iAL STATE>[El'iT ~ None DESCRIPTION: I BACKGROUND On JUne 22, 1987 the City Council adopted Resolution No. 41-87 (Attachment 9) approving a PD, Planned Development Rezoning through Planning Application 87-018. The rezoning permitted a change in land use from a previous Planned Development (1464th Zoning Unit under Alameda County) which allowed administrative office uses and a limited range of retail uses compatible with office uses, to a new Planned Development which allows a wider range of retail shopper, office, personal se~ice and financial uses. Attachment 11 shows the uses allowed in the lg64th Zoning Unit. Attachment 10 shows the uses that are now allowed as a result of the City Council approving PA 87-018. Attachment 4 shows the portion of the Enea holdings which this rezoning is applicable to. It applies to the 5.0~ acres generally located on the southeast and southwest corners of the intersection of Amador Plaza Road and Dublin Boulevard. One of the conditions of approval of the new PD rezoning in PA 87-018 required that the applicant dedicate and fully improve a roadway through the southern portion of Assessor's Parcel No. 941-1500-40 (see Attachment 9, Condition #5 of Resolution No. 41-87). Attachment 12 shows the general location of the road. On November 24, 1987, the Eneas filed a lawsuit challenging the condition requiring the dedication and improvement of the proposed street right-of-way. As part of a settlement agreement, the Enea's have submitted an irrevocable offer to dedicate the street right-of-way to the City, which the City agrees to accept only when the rest of the proposed road between Amador Plaza Road and Golden Gate Drive is ready for construction. The settlement agreement also requires the City to initiate the planned development rezoning process for a redefinition of the Planned Development to provide that the uses permitted in the southern portion of APN 9~1-1500-040 shall be identical to those uses permitted pursuant to City Council Resolution No. 21-87 and Planned Development Application PA 87-018. On February 1, 1988 the Planning Commission held a public hearing to consider the rezoning request initiated by the City Council. After hearing the Staff Report, and comments from the Public, the Planning Commission deliberated on the issue. By a vote of four to zero (4 to 0), the Planning Commission recommended that the City Council approve the rezoning, making the same land uses approved in PA 87-018 applicable to the three (3) acres in question. The only difference being the clarification that "cocktail lounges" would be considered as "taverns" under conditional uses. Ii. ~ALYSIS ~ne land uses permitted by City Council Resolution No. 41-87 and PA 87-018 are listed in Attachment 10. The present land uses allowed on the 3.0+ acres by the 1464th Zoning Unit are listed in Attachment 11. The land uses proposed on the 32 acre site are consistant with goals and policies of both the General Plan and the Do~to'zn Dublin Specific Plan. The General Plan calls for retail, office and automotive uses. The Specific Plan calls for a wide range of uses for this area, including retail, office, hotel, restaurant and commercial facilities. Compatibility would be maintained if the same land uses approved in PA 87-018 were applied to the 3.0~ acre site in question. It is Staff's opinion that it is reasonable and appropriate to apply those uses to the 3.0~ acre parcel. It should be noted that the Do,~town Dublin Specific Plan sets forth policies that will apply to all future development on this site. These include, but are not limited to: ~ encouraging better internal circulation among adjacent developments; encouraging better pedestrian connections.among dow~ato~ developments~ increasing the amount of retail development downto~ and broaden the mix of retail uses; imoroving the visual quality of the do,~ato'~ area: providing at least 20% landscaping in parking lots and providing substantial amounts of landscaping within new developments; maintaining flexibility to accommodate a BA3,T station within the area~ utilizing progressive and attractive architectural styles and themes~ limiting building heights to &5 feet and floor area ratios to 30%~ meeting parking space number and design requirements~ - screening parking lots with low walls and landscaping from adjacent s~reets: and - meeting all setback requirements. It is emphasized that the Do~ntown Dublin Specific Plan be thoroughly reviewed before submitting development proposals to the City. If the planned development rezoning request is approved, all future development on this site shall be reviewed through the City's Site Development Review procedure.. The balance of the site shall continue to be controlled the land uses listed in the 1464th Zoning Unit. III. RECO~[ENDATONS Based on this Staff Report and the previous Staff Report prepared for the Planning Commission pertaining to this request, Staff recommends that the City Council take the following actions: 1. Adopt the Negative Declaration of Environmental Significance for PA 178 (Exhibit A). 2. Adopt a Resolution regarding the PD, Planned Development Rezoning Request for PA 87-178 (Exhibit B). 3. Waive the reading and introduce the Ordinance amending the Zoning Ordinance (Exhibit C). -3- RESOLUTION NO. -88 A RESOLUTION OF THE DUBLIN CI~f COUNCIL OF THE CITY OF DUBLIN ADOPTING A NEGATIVE DECLJJlATION OF ENVIRONMENTAL SIGNIFICANCE CONCEalING PA 87-178, ENEA PLAZA (SOUTHEP~ PORTION) P~NED DEVELOPMENT REZONING APPLICATION WHEREAS, The Dublin City Council filed an application requesting that the City rezone approximately 3.0~ acres of the southern portion of APN 941-1500-040 (located on the west side of ~ador Plaza Road near Dublin Blvd.) from a PD, Planned Development District (Alameda County Ordinance No. 81-26 for the 1464th Zoning Unit, allowing administrative office uses with limited ancillary retail use) to a new PD, Planned Development District to provide that the uses permitted be identical to those commercial uses permitted pursuant to City Council Resolution No. 41-87 and Planned Development application PA 87-018 (which allows a range of retail shopper, office, personal service and financial uses); and WHERL~S, THE California Environmental Quality Act (CEQA), as amended together with the State's Administrative Guidelines for Implementation of the California Enviro~mennal Regulations, requires that certain projects be. reviewed for environmental impacts and that environmental docu~nents be prepared: and ~EREAS, A Negative Declaration of Environmental Significance has been prepared for PA 87-178~ and ~EREAS, the Planning Commission on February 1, 1988 did review the Negative Declaration of Environmental Significance, considered it at the public hearing and adopted Resolution No. 88-005 recommending the City Council adopt the Negative Declaration as adequate and complete; and ~EREAS, the City Council did review the Negative Declaration of Environmental Significance and considered it at the public hearing of February 22, 1988; and WHEREAS the City Council determined that the project, PA 87-178, will not have any significant envirop~ental impacts; NOW, THEREFORE, BE IT RESOLVED TPi%T THE Dublin City Council finds that the Negative Declaration of Envirommental Significance has been prepared and processed in accordance with State and Local Environmental Law and Guideline Regulations, and that it is adequate and complete. PASSED, APPROVED B=ND ADOPTED this 22nd day of February, 1988. AYES: NOES: ABSENT: ATTEST: ~a~or City Clerk RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AND ESTABLISH FINDINGS AND GENERAL PROVISIONS FOR A PD, PLANNED DEVELOPMENT REZONING CONCERIqlNG PA 87-178, ENEA PLAZA (SOUTHERN PORTION) PD, PLANNED DEVELOPMENT REZONING APPLICATION WHEREAS, the Dublin City Council filed an application requesting that the City rezone approximately 3.0k acres ~f the southern portion of APN 941- 1500-040 (located on the west side of Amador Plaza Road near Dublin Blvd.) from a PD, Planned Development District (Alameda County Ordinance No. 81-26 for the 146&th Zoning Unit, allowing administrative office uses with limited ancillary retail use) to a new PD, Planned Development District to provide that the uses permitted be identical to those commercial uses permitted pursuant to City Council Resolution No. 41-87 and Planned Development Application PA 87-018 (which allows a range of retail shopper, office, personal service and financial uses); and ~EREAS, the Planning Commission did hold a public hearing on February 1, 1988 on said application at wich time the Planning Commission adopted Resolution No. 88-006 recommending approval of the PD, Planned Development Rezoning request for PA 87-178; and WHEREAS, the City Council did hold a public hearing on said request on February 22, 1988~ and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, this application has been reviewed in accordance with the provisions of the California Environmental Quality Act and a Negative Declaration of Environmental Significance has been adopted (Planning Commission Resolution No. 88-005) for this project, as it will have no significant effect on the environment; and WHEREAS, the Staff report was submitted recommending that the request be approved subject to conditions prepared by Staff and reflected in Planning Commission Resolution No. 88-006~ and WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony herein above set forth; and WHEREAS, the rezoning is appropriate for the subject property in terms of being compatible to existing and proposed land uses and conforming to the underlying land use designation and it will not overburden public services: and WHEREAS, the rezoning will not have a substantial adverse affect on health or safe.ty or be substantially detrimental to the public welfare or be injurious to property or public improvement; NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby approve the PD, Planned Development request subject to the following conditions: 1. The PD, Planned Development District development shall substantially conform to Exhibits B and C from the City Council Staff Report dated February 22, 1988 on file with the Dublin Planning Department. 2. Land uses permitted and conditionally permitted within this PD, Planned Development District are as follows: Permitted Uses Retail commercial shopper goods establishments such as~ a. General Merchandise Stores b. Clothing Stores c. Shoe Stores d. Home Furnishings Stores e. Home Appliances/Music Stores f. Hobby/Special Interest Stores g. Gifts/Specialty Stores h. Jewelry and Cosmetic Stores i. Home Improvement Centers j. Drug Stores _ k. Auto Parts Stores 1. Other retail commercial shopper goods establishments of similar intensity and compatibility as those listed above and determined to be appropriate by the Planning Director. Eating and drinking establishments including the following: Restaurant Donut Shop c. Ice Cream Parlor d. Sandwich Shop e. Specialty Food f. Delicatessen g. Bakery Candy or Nuts i. Health Food j. Wine and Cheese with on-sale liquor license form State of California k. Other eating and drinking establishment of similar intensity and comparability as those listed above and determined to be appropriate by the Planning Director. Personal Service establishments including the following: a, Beauty Shop b, Barber Shop c. Shoe Repair d. Cleaner and Dryer e. Laundry f. Figure Salon g. Photographer h. Formal Wear/Rental i. Interior Decorator j. Travel Agent Key Shop 1. Dressmaking or Knitting Shop m. Tailor Shop no Handcrafn Shop o. Other personal service establishments of similar intensity and compatibility as those listed above and determined to be appropriate by the Planning Director. Office uses including the following: Optometrist b. Medical and Dental c. Legal d, Accounting e. Architect f. Employment Agency Real Estate h, Other Administrative and Professional Office establishments of similar intensity and compatibility as those listed above and determined to be appropriate by the Planning Director. Conditional Uses %-he uses are permitted subject to approval of a Conditional Use Permit~ a. Community, religious and charitable institution facilities and uses b. Public facilities and uses c. Veterinary Office d. Commercial recreation facility, other than a theater, if within a building e. Tavern/Cocktail Lounge f. Recycling Centers, when operated in conjunction with a Permitted Use on the same premises g. In-patient and out-patient health facilities as licensed by the State Department of Health Se~zices h. Grocery Stores -- Prohibited Uses Ail retail commercial uses defined as convenience stores, including: a. Liquor and Wine Stores b. Drive-in and Drive-through Restaurants c. Meat, Fish or Poultry Stores d. Convenience Food Stores e. Other stores which sell food and other household goods for consuunption in a short time f. New and used vehicle sales and/or vehicle repair and se~¢ice, service stations go Residential uses h. Industrial uses Prior to any t>~e of development occuring on this 3.0~ acre parcel, the development shall gain Site Development Review approval(s) and shall comply with all applicable conditions of approval. Except as specifically modified by these Conditions of Approval, development and operation of land use activities within this PD, Planned Development District shall be subject to the provisions of the C-O, Administrative Office District of the Cit-/ of Dublin Zoning Ordinance, with regards to minim,o~n/maximum development criteria and signs. Developers are advised that the subject site is within the boundaries of the Downtown Dublin Specific Plan and all development resulting on this 3.0+ acre site must comply with the Goals, Objectives and Implementation policies of that Plan including, but not limited to the following: A. Utilizing a maximum floor ratio of 30%. The proposed road area will not be excluded when dete~mining the maximum floor area ratio for 941-1500-040, unless the offer of dedication has previously been accepted by the City. B. Meeting all setback requirements. C. Screening parking lots with low walls and landscaping from adjacent streets. D. Meeting parking space number and design requirements. E. Limiting building heights to 45 feet. F. Utilizing progressive and attractive architectural styles and themes. G. Providing at least 20% landscaping in parking lots and providing substantial amounts of landscaping within new developments. -3- H. Improving the visual quality of the downto'~m area. I. Encouraging better internal circulation among adjacent developments. J. Encouraging better pedestrian connections among downto,~n developments. PASSED, APPROVED AND ADOPTED this 22nd day of February, 1988. AYES: NOES: ABSENT: ATTEST: Mayor City Clerk -4- ORDINANCE NO. AN ORDINanCE OF THE CITY OF DUBLIN AMENDING THE ZONING ORDINA~CE TO PE~{IT THE REZONING OF REAL PROPER~f LOCATED AT THE REAR SOUTHERN PORTION OF ASSESSORS PARCEL NUMBER 941-1500-040, ON THE WEST SIDE OF ~.DOR PLAZA ROAD NE~ DUBLIN BOULEVARD The City Council of the City of Dublin does ordain as follows: Section 1: Chapter 2 of Title 8 of the Dublin Ordinance Code is hereby amended in the following manner: Approximately 3.0+ acres generally located at the rear southern portion of Assessors Parcel Number 941-1500o040, on the west side of ~ador Plaza Road near Dublin Boulevard, is hereby rezoned to a PD, Planned Development District; and PA 87-178, Enea Plaza (Southern Portion) as shown on Exhibit A (Negative Declaration of Environmental Significance) and Exhibit B (Approval, Findings and General Provisions of the PD, Planned Development Rezoning) on file with the City of Dublin Planning Department, is hereby adopted as regulation for the future use, improvement, and maintenance of the property within this District. A map depicting the rezoning area allowing a range of retail shopper, office, personal service and financial uses is outlined below: Section 2: This Ordinance shall take effect and be enforced thirty (30) days from and after its passage. Before the expiration of fifteen (15) days after its passage, it shall be published once, with the names of the Councilmembers voting for and against the same, in The Herald, a newspaper published in Alameda County and available in the City of Dublin PASSED A~D ADOPTED BY THE City Council of the City of Dublin, on this 22nd day of February, 1988, by the following votes~ AYES: NOES: ABSENT: ATTEST: Mayor City Clerk PUBLIC HEARINGS SUBJECT: PA 87-178 Enea Plaza (Southern Portion) Planned Develooment Rezoning request to rezone the southern portion of Assessor's Parcel Number 941-1500-407 on the west side o--f Amador Plaza Road near Dublin Boulevard. Cm. Barnes opened the public hearing and called for the Staff Report. Mr. Barger presented some background information relating to the current request for rezoning of the southern portion of parcel number 941-1500-40. On June 22, 1987, the City Council adopted a Resolution No. 41-87 approving a PD, Planned Development Rezoning. ~ae rezoning permitted a change in land use from a previous Planned Development, 1464th Zoning Unit under Alameda CountT, which allowed administrative office uses and a limited range of retail uses comparable with office uses, to a new Planned Development which allows wider range of retail shopper, office, personal se~;ice and financial uses. One of the conditions of approval of the Planned Development rezoning in PA 87-018 required that the applicant dedicate and fully improve a roadway through the southern portion of parcel 941-1500-40. On November 24, 1987, the Eneas filed a lawsuit challenging the Condition requiring the dedication and improvement of .the proposed street right-of-way. As part of the settlement agreement, the Enea's have submitted an irrevocable offer to dedicate the street right-of-way to the Cit-y, which the City agrees to accept only when the rest of the proposed road between ~mador Plaza Road and Golden Gate Drive is ready for construction. %ne settlement also requires the City to initiate the planned development rezoning process for a redefinition of the Planned Development to provide that the uses permitted in the southern portion shall be identical to those uses permitted pursuant to City Council Resolution No. 41-87 and Planned Development Application PA 87- 018. The proposed land uses are consistent with goals and policies of both the General Plan and the Do~town Dublin Specific Plan. /he General Plan calls for retail, office and automotive uses. The Specific Plan calls for a wide range of uses for this area, including retail, office, hotel, restaurant and commercial facilities. Compatibility would be maintained if the same land uses approved in PA 87-018 were applied to the 3.0~ acre site in question. Mr. Barger stated it is Staff's opinion that it is reasonable and appropriate to apply those uses to the parcel with the clarification that "cocktail lounges" would be considered as "taverns" under conditional uses. Mr. Barger stated it should be noted that the Do~town Dublin Specific Plan sets forth policies that will apply to all future development on this site. It is emphasized that the applicant thoroughly review the Do~to~ Dublin Specific Plan before submitting development proposals to the City. Regular Meeting February 1, 19S$ Mr. Barger also stated with approval of the planned development rezoning, all future development on this site shall be reviewed throught the City's Site Development Review procedure. The balance of the site shall continue to be controlled by the land uses listed in the 146&th 2oning Unit. In response to an inquiry by Cm. Burnham, for clarification as to whether this approval would allow uses equal to those a~proved for the larger parcel, Mr. Barger stated that cocktail lounges/taverns would be conditional uses. ?here being no further comments, from the audience or Rich Enea, who was present, Cm. Barnes closed the public hearing. On motion by Cm. Burnham, seconded by Cm. Zika, and by a unanimous vote, a Resolution was adopted approving a negative declaration of environmental significance concerning PA 87-178, Enea Plaza (southern portion) planned development rezoning. RESOLUTION NO. 88 - 005 RECOM2~ENDING THAT THE CIndY COUNCIL ADOPT A NEGATIVE DECI~_~kTION OF ENVIKONqMENTAL SIGNIFICANCE CONCLR~ING PA 87-178, ENEA PLAZA (SOUTHEP~N PORTIO!{) PLANlqED DEVELOP.~ENT REZONING APPLICATION On motion by Cm. Mack, seconded by Cm. Tempel, and by a unanimous vote, a Resolution was adopted recommending the City. Council establish findings and general provisions for a planned development rezoning concerning PA 87-178. RESOLLJ~,-ION NO. 88 - 006 RECO.~W2~NDING THE CITY COUNCIL ESTABLISH FINDINGS A_VD GENERAL PROVISIONS FOR A PD, pL~ED DEVELOPMENT REZONING CONCERNING PA 87-178, EN~ P~kZA PD, P~NED DEVELOP~NT REZONING APPLICATION SUBJECT: PA 87-045 Hansen Ranch General Plan Amendment Study, Planned Develooment Prezonin:, Tentative Subdivision Mao Nc. 5766, and Annexation request for 282 dwelling units on 147 acres, west of Silvergate Drive and north Hansen Drive. Cm. Begones opened the public hearing and called for the Staff Report. Mr. Tong advised the ComMissioners on the backgound information on this application. The Hansen Hill Development Cot?oration requested a General Plan Amen~zent Study for residential development on a 148 acre site adjacent to, but outside of, the City limits. The site is within the City's General Plan Planning Area. Regular Meeting PCM-8-18 February 1, 1955 TO: FROM: SUBJECT: CITY OF DU~iN pLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: February 1, 1988 · Planning Commission Planning Staff~-'''~ J~-' : ........... PA $7-17g Enea Plaza (Southern Portion) - Planned Development Rezoning request to rezone the southern portion of Assessor's Parcel Number 941o1500-40~ on the west side of Amador Plaza Road near Dublin Boulevard. GENERAL INFORMATION: PROJECT: A Planned Development Rezoning request to rezone the southern 3.0+ acres of APN 941-1500-040 (located on the west side of Amador Plaza Road near Dub%in Blvd.) from a PD, Planned ~ Development District (Alameda County Ordinahce No. 81-26 for 1464th Zoning Unit, allowing administrative office uses with limited ancilla~'retail use) to a new PD, Planned Development District allowing a range of retail, office, personal service and financial uses. The rezoning request shall consider land uses identical to those permitted pursuant to City Council Resolution No. 41-87 and Planned Development Application PA 87-018. APPLICANT/ REPRESENTATIVE: PROPERTY OWNER: Initiated by Resolution No. 41-87 of the Dublin City Council. Sal & John Enea 7450 Dublin Boulevard Dublin, CA 94568 LOCATION: Southern 3.0+ acres of Assessor's Parcel Number 941-1500-040 on the west side of Amador Plaza Road near Dublin Boulevard ASSESSOR p.A2ICEL NUMBER: 941-1500-040 PARCEL SIZE: -3.0+ acres GENERAL PLAN DESIGNATION: Commercial/Industrial - Retail/Office and Automotive. The General Plan shows a new street parallel to, and south of Dublin Boulevard connecting Regional Street, Golden Gate Drive and Amador Plaza Road. The 3.0+ acres is located directly south of the proposed new street. - . i" ACHMENT _ .,ISTING ZONING AND LAND USE: SURKOUNDING LAND USE AND ZONING: ZONING HISTORY: The southern 3.0+ acre site is vacant. It is part of a PD, Planned Development District from Alameda County Ordinance No. 81-26 for the 1464th Zoning Unit allowing administrative office uses with limited ancillary retail use. The subJect~ property lies with the boundaries of the Downtown Dublin Specific Plan. North: PD, Planned Development District. Buildings are now under construction. They will house retail and office tenants. South: PD,--Planned Development District allowing administrative office uses with limite~ ancillary retail use. This area is presently vacant. E~st: PD, Planned Development District. Construction on the northern most portion is nearly complete with a new retail office building. The southernmost portion is currently vacant. West: C-2, General Commercial District, Cro'~~ Chevrolet ~uto dealership. 7~29~63 - 511/67 & 4/1/70 5/3/79 10/22/80 4/2/81 8/23/84 A Conditional Use Permit was issued for a drive-in theater over the entire 22~ acre Enea Plaza holding. Conditional Use Permits were approved for' an indoor theater at the northeast corner of the property. A Parcel Map was approved to subdivide the property into five parcels. A Site Development Review was approved by Alameda county for the construction of six office buildings at the end of Amador Plaza Road (four were constructed). Approval was granted by the Alameda County Board of Supervisors rezoning the site from C-2, General Commercial District to a PD, Planned Development District (allowing C-O, Administrative Office District uses and allowing C-O, Administrative Office District uses and allowing a racquetball club, gymnasium, restaurant and other C-1 Retail Business District uses that are determined to be compatible with C-O uses (1464th Zoning Unit). The Applicant submitted a Site Development Review application to construct a one-story retail building, a two-story retail and office building, and an addition to the existing theater. This application was round,to be incomplete and no further a6tion was taken on the application (PA 84-023). -2- APPLICABLE REGUI_~TIONS: 2/25/85 9/25/86 10/17/86 3/4/87 10/21/87 1/25/88 'fhe Dublin City Counc'il denied a PD, Planned Development District Re~oning request to rezone the northerly 16.3 acres of the Enea Plaza holding to a PD, Planned Development District allowing Col, Retail Business District type uses (PA 84-040). The Dublin Planning Director approved a Site Development Review ~ppligation for'th~ ~S~r~ct{on ~f a three- building 42,000~ square foot single story retail complex (PA The Dublin Planning Director approved a~ Administrative Conditional Use'. . Permit to allow a Christmas tree sales lot on a portion of the Enea holdings (PA 86-100). The Dublin City Council approved a rezoning request to rezone approximately 5.O~_ acres from a PD, Planned Development District allowing C-O, Administrative Office Distric~ uses and a limited range of compatible C-I, Retail Business District uses to a new PD, Planned Development District allowing a range of retail shopper, office, personal service and financial uses, including Parcels A, B, and a portion of C of Parcel Map 2922. (PA 87-018). The. Dublin Planning Director approved an Administrative Conditional Use Permit to allow a temporally construction trailer on a portion of the Enea holdings (PA 87-029). The Dublin Planning Director approved an Administrative Conditional Use Permit to allow a Christmas tree sales lot on a portion of the Enea holdings (PA 87-137). The Dublin City Council continued the appeal request to reconsider the Planning Commissions action denying a sign location Variance to allow the construction of a wall-mounted business sign which is not located on the primary or secondary building frontage of the retail space which it is proposed to identify (PA 87-161). The Downto~,~ Dublin Specific Plan establishes policies and standards to control land use and development within the downtown area. Section 8-31.0 (Planned Development District Intent) of the Dublin Zoning Ordinance states, in part, that the intent of the Planned Development is to create an attractive, efficient and safe environment. Section 8-31.2 (change in Zoning District R~quired) of the Dublin Zoning Ordinance states in part, that the proposed rezoning will benefit the public necessity, convenience and general welfare and that a Planned Development is subject to review by the Planning Commission if construction has not taken place within a two year period from the date the Planned Deyel~pment,ls approved. Section 8-31,18 (~inor Modification of Land Use In Development Plans), of the Dublin Zoning Ordinance states, in part, that minor changes to the approved master plan may be approved by the Planning Commission upon the securing of a Conditional Use Permit. EN~iRONM~NTAL~EVIE~: The City p~opo's~s to adopt a Negative Declaration of Environmental Significance which finds the proposed project will not have a significan~ impact on the environment. NOTIFICATION: Public Notice of the February 1, 1988, hearing was published in The Herald, mailed to a~acent property owners, and posted in public buildings. ~ALYSIS: On June 22, 1987 the City Council adopted Resolution No. 41-87 (Attachment 1) approving a PD, Planned Development Rezoning through Planqing Application 87-018. ~ The rezoning permitted a change in land use from a previous Planned Development (1464th Zoning Unit under Alameda County) which allowed administrative office uses and a limited range of retail uses compatable with office uses, to a new Planned Development which allows a wider range of retail shopper, office, personal service and financial uses. Attachment 2 shows the uses allowed in the 1464th Zoning Unit. Attachment 3 shows the uses that are now allowed as a result of the City Council approving PA 87-018. Attachment 4 shows the portion of the Enea holdings which this rezoning was applicable to. One of the conditions of approval of the new PD rezoning in PA 87-018 required that the applicant dedicate and fully improve a roadway through the southern portion of Assessor's Parcel No. 941-1500-40 (see Attachment 1, Condition #5 of Resolution No. 41-87). Attachment 4 shows the general location of the road. On November 24, 1987, the Eneas filed a lawsuit challenging the Condition requiring the dedication and improvement of the proposed street right of way. j,s part of a settlement agreement, the Enea's have submitted an · irrevocable offer to dedicate the street right--of-way to the City, which the City agrees to accept only when the rest ox the proposed road between Amador Plaza Road and Golden Gate Drive is ready for construction. The settlement agreement also requires the City to ititiate the planned development rezoning process for a redefinition of the Planned Development to provide that the uses permitted in the southern portion of APN 941-1500-040 shall be identical to those uses permitted pursuant to City Council Resolution No. 41-87 and Planned Development Application PA 87-018. In compliance with the above Condition, the rezoning initiated by the City Council is before you for consideration. The land uses permitted by City Council Resolution No. 41-87 and Planned Development Application 87-018 are listed in Attachment 3. The present land uses allowed on the 3.0+ acres by the 1464th Zoning Unit are listed in Attachment 2. The proposed land uses are consistant with goals and policies of both the General Plan and the Downtown Dublin Specific Plan. The General Plan calls for retail, office and automotive uses. The Specific Plan calls for a wide range of uses for this area, including retail, office, hotel, restaurant and commercial facilities. Compatibility would be maintained if the same land uses approved in PA 87-018 were applied to the 3.0~_ acre site in question. It is Staff's opinion that it is reasonable and appropriate to apply those uses to the 3.0+ acre parcel with the clarification that "cocktail lounges" would be considered as "taverns" under conditional uses. -4- It should be noted that the downtown Dublin Specific Plan sets forth policies that will apply to all future development on this site. These include but are not limited to: ' o encouraging better internal circulation amongst adjacent developments; - encouraging beret pedestrian connections among downtown developments; - increasing the amount of retail development downtown and broaden the mix of retail uses; - improving the visual quality of the downtown area; - providing at least 20% l~ndsc~p.~ng~in parking lots a~d~prov~ding substantial. amounts of landscaping within new developments; - maintaining flexibility to accomodate a BART station within the downtown area; - utilizing progressive and attrative architectural styles and themes; - limiting building heights to 45 feet and_floor area ratios to 30%; meeting parking space number and design requirements; ~. . ...... - screening parking lots with low walls and landscaping from adjacent streets; and - meeting all setback requirements. It is emphasized that the Downtown Dublin Specific Plan be thoroughly reviewed before submitting development proposals to the city. If the planned development rezoning request is approved, all future development on this site shall be reviewed through the City's Site Development Review procedure. The balance of the site shall continue to be controlle'd by the land uses listed in the 1464th Zoning Unit. RECOPtMENDATION: FORMAT: 1) Open public hearing and hear Staff presentation. 2) Take testimony from Owner and the public. 3) Question Staff, Owner and the ~ublic. 4) Close public hearing and deliberate. 5A) Consider and act on two Draft Resolutions: 1) Draft Resolution regarding the Negative Declaration of Environmental Significance for PA 87-178 2) Draft Resolution regarding the PD, Planned Development Rezoning request PA 87-178, or 5B) Give Staff and Owner direction and continue the matter. ACTION: Based on the above Staff Report, Staff recommends the Planning Commission adopt the following two Resolutions: Exhibit A which recommends that the City Council adopt a'Negative Declaration of Environmental Significance for PA 87-178 and Exhibit B which recommends that the City Council approve PD, Planned Development Rezoning request PA 87-178. ATTACHMENTS: Exhibit A - Draft Resolution recommending the City Council Adopt a Negative Declaration of Envirop~ental Significance for PA 87-178 Exhibit B - Draft Resolution recommending the City Council approve PD, Planned Development Rezoning request for PA 87-178 BkCKGROUND ATTACHMENTS: Final Action Letter dated August 14, 1987 conditionally approving PA 87-018 including the following attachments: -5- o City Council Ordinance No, 35°87 am~,~ding the Zoning Ordinance to permit the rezoning of the real property located at the southeast and southwept Corners of the intersection of Amador Plaza Road and Dublin Boulevard; - City Council Resolution No. 41-87 approving a PD, Planned Development Rezoning concerning PA 87o018. 2. Alameda County Ordinance No. 81-26, amending Chapter 2, Title 8 of the Alameda County 0rdiance code relating to Zoning, Rezoning for the 1464th Zoning Unit. It includes land uses per~_itted in the 1464th Zoning Unit via the rezoning;'~and'includes'a 'copy'bf"the land u~es'p~rmited under the C-O, Administrative Office District. 3. Permitted land uses approved through PD 87-018. 4. Location ~Lap showing where PD 87o01g is '~pplicable, Where the general location of the property is and where PD 87-178 is applicable. 5. Dublin City Council Resolution No. 106-87 approving a Release and __ 'Settl$~en~ Agree~'a~d qi3% o~ Dublin Public ~e~icat~on Agreem~nt~ 6. Dublin City Council Resolution No. 105-87 amending Resolution No. 41-87 which approved PA 87-018. 7, Negative Declaration of Environmental Signigicance for PA 87-178. ~ 8. Map of the ar~a, an excerpt from the Downtown Dublin Specific Plan. -6- RESOLUTION NO. ~ - 005 A RESOLUTION OF THE PLANNING COMMISSION OF THE ¢II"f OF DUBLIN RECOMMENDING THAT THE CITer COUNCIL ADOPT A NEGATIVE DECLARATION OF ENVIRO~DfENTAL SIGNIFICANCE CONCEI~TING PA 87-178, ENEA PLAZA (SOUTHERN PORTION) PLANNED DEVELOPMENT REZONING APPLICATION Wt~EREAS, the Dublin Cit7 Council filed an application requestin~ that the City rezone appoximately 3.0~ acres of APl; 941-1500-040 (located on the west side of J~ador Plaza Road near Dublin Blvd.) from a PD, Planned Develooment District (Alameda County Ordin~nce No. 81-26 for the 1464uh Zoning Unit, allowing administrative office uses with limited ancillary retail use) to a new PD, Planned Development District to provide that the uses permitted be identical to those commercial uses permitted pursuant to City Council Resolution No. 41-~7 and Planned Development application PA $7-018 (which allows a range of retail shopper, office, personal service and financial uses); and , Cal~o .... a Environmental .Quality Act (CEQA), as ~E.-VEAS the ~= ~ amended together with the State's A~ministrative Guidelines for Implenentation of the California Enviror~ental Regulations, requires that certain projects be reviewed for enviromnental impact and that enviror~ental documents be prepared~ and ~EREAS, a Negative Declaration of Environmental Significance has been prepared for PA 87-178~ and ~-HE~RXAS, the Planning Commission did review the Negative Declaration of Envirom~ental Significance and considered it at public hearings on February 1, 1988, W~:EP~F~S, the City Pier_ming Commission determined that the project, PA 87-!78, will not have any significant enviror~enta! impacts; NOW, TH=--~EFOILE, BE IT .~ESOLVED T~AT THE Dublin Planning Commission recommends that the City Council find that the Negative Declaration of Enviror~ental Significance has been prepared and processed in accordance with State and Local Envirommenta! Law and Guideline Re~alations, and that it is adequate and complete. PASSED, APPROVED ~ND ADOPTED this let day of February, 1988. AYES: Commissioners Barnes, Bur~am, Mack, Tenpel and Zika NOES: None ABSENT: None Planning Commission Chairperson ATTEST: Planning Director RESOLUTION NO 8 - 006 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THE CITY COUNCIL ESTABLISH FINDINGS AND GENERAL PROVISIONS FOR A PD, pLANNED DEVELOPMENT 1AEZONING CONCEP~NING PA 87-178, ENEA pLAZA PD, PLANNED DEVELOPMENT REZONING APPLICATION WHEREAS, the Dublin City Council filed an application requesting that the City rezone approximately 3.0~ acres of APN 941-1500-040 (located on the west side of Amador Plaza Road near Dublin Blvd.) from a PD, Planned Development District (Alameda County Ordinance No. 81-26 for the 1464th Zoning Unit, allowing administrative office uses with limited ancilla~f retail use) to a new PD, Planned Development District to provide that the uses permitted be identical to those commercial uses permitted pursuant to City Council Resolution No. 41-87 and Planned Development Application PA 87-018 (which allows a range of retail shopper, office, personal service and financial uses); and; WHEREAS, the Planning Commission did hold a public hearing on Februa~/ 1, 1988~ and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, this application has been reviewed in accordance with the provisions of the California Environmental Quality Act and a Negative Declaration of Environmental Significance has been adopted (Planning Commisslon Resolution No. 87-029) for this project, as it will have no significant effect on the environment; and WHEREAS, the Snaff report was submitted recommending that the Planning Commission recommend that the City Council conditionally approve the project~ and WHE~PHSAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth; and WHEREAS, the rezoning is appropriate for the subject property in terms of being compatible to existing and proposed land uses and conforming to the underlying land use designation and it will not overburden public services; and NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby recommend that the City Council approve the PD, Planned Development request subject to the following conditions: 1. The PD, Planned Development District development shall substantially conform to materials from the Planning Commission Staff Report dated February 1, 1988 including all attachments and exhibits on file with the Dublin Planning Department. 2. Land uses permitted and conditionally permitted within this PD, Planned Development District are as follows: Permitted Uses Retail commercial shopper goods establishments such as; a. General Merchandise Stores b. Clothing Stores c. Shoe Stores d. Home Furnishings Stores e. Home Appliances/Music Stores f. Hobby/Special Interest Stores g. Gifts/Specialty Stores h. Jewelry and Cosmetic Stores i. Home Improvement Centers j. D~-ug Stores k. Auto Parts Stores and similiar uses that offer comparisc .oods based on price and quality. Eating and drinking establishments including the following: a. Restaurant b. Donut Shop c. Ice Cream Parlor Sandwich Shop e. Specialty Food f. Delicatessen g. Bakery h. Candy or Nuts Health Food j. Wine and Cheese with on-sale liquor license form State of California k. Other eating and drinking establishment of similar intensity and comparability as those listed abole and determined to be appropriate By the Planning Director Personal $e~zice establishments including the following: a. Beauty Shop b. Barber Shop c. Shoe Repair d. Cleaner and Dryer Laundry f. Figure Salon g. Photographer h. Formal Wear/P. ental Interior Decorator jo Travel Agent k. Key Shop 1. Dressmaking or Knitting Shop m. Tailor Shop n. Handcraft Shop o. Other personal service establishments of similar intensity and compatibility as those listed above-and determined to be appropriate by the Planning Director. Office uses including the following: a. Optometrist b. Medical and Dental c. Legal d. Accounting e. Architect f. Employment Agency g. Real Estate h. Other Ad~inistrative and Professional Office establishments of similar intensity and compatibility as those listed above and determined to be appropriate by the Planning Director. Conditional Uses The uses are pel-mitted subject to approval of a Conditional Use Permit: a. Community, religious and charitable institution facilities and uses. b. Public facilities and uses. c. Veterinary Office d. Commercial recreation facility, other than a theater, if within a building. e. Tavern/Cocktail Lounge Recycling Centers, when operated in conjunction with a Permitted Use on the same premises. g. In-patient and out-patient health facilities as licensed by the State Department of Health Sea--vices. h. Grocery Stores -2- Prohibited Uses All retail commercial uses defined as convenience stores, including: a. Liquor and Wine Stores bo Drive-in and Drive-through Restaurants c. Meat, Fish or Poultry Stores d. Convenience Food Stores e. Other stores which sell food and other household goods for consumption in a short time f. New and used vehicle sales and/or vehicle repair and se~zice, sea-vice stations g. Residential uses h. Industrial uses Prior to any type of development occuring on this 3.0± acre parcel, the development shall gain Site Development Review approval(s) and shall comply with all applicable conditions of approval. Except as specifically modified by these Conditions of Approval, development and operation of land use activities within this PD, Planned Development District shall be subject to the provisions of the C-O, Administrative Office District of the City of Dublin Zoning Ordinance as with regards to minim~/maximum development criteria and signs. Developers are advised that the subject site is within the boundaries of the Downtown Dublin Specific Plan and all development resulting on this 3.0+ acre site must comply with the Goals, Objectives and Implementation ~ policies of that Plan including, but not limited to the following: A. Utilizing a maximum floor ratio of 30%. ?ne proposed road area will not be excluded when dete~-nnining the maximum floor area ratio for AP~ 941-1500-040, unless the offer of dedication has previously been accepted by the City. B. Meeting all setback requirements. C. Screening parking lots with low walls and landscaping from adjacent streets. D. Meeting parking space number and design requirements. E. Limiting building heights to 45 feet. F. Utilizing progressive and attractive architectural styles and themes. G. Providing at least 20% landscaping in parking lots and providing substantial amounts of landscaping within new developments. H. Improving the visual quality of the do~,~to-~n area. I. Encouraging better internal circulation amongst adjacent developments. J. Encouraging better pedestrian connections amongst downto,~~ developments. PASSED, APPROVED AND ADOPTED this 1st day of February, 1988. AYES: Commissioners Barnes, Burnham, Mack, Tempel and Zika NOES: None ~SENT: None ATTEST: Planning Commission Chairperson Planning Director -3- SEE 511[£T 'lB g-: 9 ATTACHMENT NEGATIVE DECLARATION FOR: PA 87-178, Enea Plaza (southern portion) Planned Development Rezoning Request (Pursuant to Public Resources Code Section 21000, et seq.) LOCATION: The southern 3.0+ acres of Assessor's Parcel Number 941-1500-040 on the west side of Amador Plaza Road near Dublin Blvd. APPLICfi~T: Initiated by Resolution ~7o. 41-87 of the Dublin City Council DESCRIPTION: A Planned Development Rezoning request to rezone the southern 3.0+ acres of APN 941-1500-040 (located on the west side of Amador Plaza Road near Dublin Blvd.) from a PD, Planned Development District allowing administrative office uses with limited ancillary retail use to a new PD, Planned Development District allowing a range of retail shopper, office, personal service and financial uses, identical to those permitted to City Council Resolution No. 41-87 and Planned Development Application PA 87-018. FINDINGS: The project will not have a significant effect on the environment. INITIAL STUDY: The project Initial Study is available for review at the City offices and indicates the proposed project will nto have a significant impact on the environm..ent. MITIGATION MEASURES: None required. PREP~iTION: This Negative Declaration was prepared by the City of Dublin Planning Staff, (415) 829-4916. SIGNATURE: DATED: February 22, 1988 Laurence L. Tong, Planning Director 1LESOLUT IOt~ NO. ~-87 A RESOLUTION OF TEE CITY COUNCIL OF T~E CIT~ OF DUBLI/~ AMENDING RESOLUTION gO. 41-87 WttIC~ AP~P. OVED PA 87-018 W~EREAS, on June 22, 1987, the City Council adopted Resolution Number 41-87 approving and establishing findings and general provisions for a planned develo.~ment rezoning concerning planned development application PA 8-7-018; and W~EREAS, John Enea and Sal Enea have on November 24, 1987, filed action number E 129689-3 in Alameda County Superior Court, challenging the validity of a certain condition imposed by the City of Dublin for approval of planned development application PA.87-0!8; and R~EREAS, in order to compromise and settle said lawsuit, the City Council agrees to modify that certain condition of approval; NOW, T~EREFORE, BE IT P~SOLVED TEAT the Dublin City Council does hereby modify and amend Resolution No. 41-87 as follows: !. Condition (5) on page 2 is deleted in its entirety, and the following language is substituted therefor: "5) The Developer shall execute an irrevocable offer of dedication cf the se?ment of~the ~ro~osed road parallel to Dublin boulevard which passes through the southern portion cf APN 94!-!500-040. This proposed road has ~een identified as needed for the buildcut of the downtown area in the Dublin Downtown Specific Plan (including the bui!dout of this property). The new roadway is to run between A~nador ~!aza Road in this projec%, westward to Golden Gate Drive, and is to be located south of the retail complex currently under construction. The exact location and width will be determined by the City through further detailed studies. "The timing of the acceptance of this offer of dedication shall be as follows: "a) At such time as the roadway is to be improved, but in no event before the remainder of the proposed roadway is to be improved. "b) Prior to and a~ a fur% ~ condition of this rezoning, the Developer and the City shall enter into an agreement embodying the above conditions. "c) These conditions shall be recorded in the Office of the Recorder .of Alameda County'by the City." 2. The City shall by resolution initiate the planned development rezoning process for a redefinition of the planned development to provide that the uses perzitted in the southern portion of APN 941-1500-040 shall be identical to those uses permitted pursuant to City Council Resolution Numbe~ 41-87 and planned development application ?A 87-018. Development in the southern portion shall comply with City's Site Development Review proces. - PASSED, APPROVED ~2~ ADOPTED this 14th day of December, 1987. AYES: Councilmembers H~garty, Moffatt, Snyder, Vonheeder and Mayor Jeffery NOES: ~one ABSENT: None ATTEST: City C!e~Tk -2- A P, ESOLUTION OF THE;CITY cou~iCIL ' ' . · ': OF THE CITY OF.DUBLIN ~!?].;'.-.' ':/i' .~ . . APPROVIltG A RELEASE AND 'SETTLE~ENT "AGReEMEnT '" AND PUBLIC DEDICATION AGREE~EHT ' '" ~" WITH JOHN AND SAL E~FEA: ..... WHEREAS/ on June 22, 1987, the City Council adopted Resolution No. 41-87, Approving and Establishing Findings and General Provisions for a Planned Deve!opment"R~zoning concerning Planned Development Application PA87-018; and .:i " ~EP~A3, John Enea and Sai--Enea have, on November 24, 1987, filed Action No. H129689-3 'in Alameda County Superior Court~, challenc~ing the validity of a certain condition imposed by .'the City of Dublin for approval of Planned Development. Application PA87-0!8; and W~HEREAS, in order to compromise and settle said.laws'uit, ln~e~es~ to enter into the the City believes it is in its best ' ~ ~ attached Release and Settlement Agreement and Public Dedication Agreement. NOW, T~.~OPZ, BE IT RESOLVED that the City Ccunci! cf the City of Dublin does hereby approve the attached Release and Settlement Agreement and Public Dedication Ac~reement, and further authorizes the Mayor and City Manager to execute said Agreements. PASSED, APPR©~D A~D ~3OPTED tkis 14th da,_; cf Dece.~23er, 1987. AYES: Councilmem~ers Hegar{y, Moffatt, Snyder, Vonheeder ~nd Mayor Jeffery NOES: None ABSENT: None City 'C~r.< p~LEASE A/rD SETTLEMA._ AGP~EML~.{T THIS P~LEASE A~D SETTLEMENT AG?~EMENT is entered into on December 14 , 1987, by and between J0~] ENEA and SAL ENEA (hereinafter ,Plaintiffs") and the CITY OF DUBLIN, a general law city (hereinafter "Defendant"). RECITALS: WHEREAS, on June 22, 1987, by Resolution No. 41-87, the City Council of the City of Dub/in approved the Enea Plaza Planned Development Rezoning Application (PA S7-0!8) subject a condition requiring Plaintiffs.to dedicate and fully improve a roadway through the southern portion of Assessor's Parcel No. 941-1500-040; and WHEREAS, on ~ovember 24, 19S7, Plaintiffs filed Alameda County Superior Ccurt action nu~ker E-129689-3 entitled John Enea and Sa! Enea v. City of Dublin (hereinafter "the action"), in which, inter alia, Plaintiffs contend that the · '~' of the dedicaticn and imDrovezent condition is in l~pOSl~lOn rio!erich of the Federal and California Constitutions; and WHEREAS, the Plaintiffs and Defendant desire resolve their differences in the action; NOW, THEREFORE, IT iS AGREED AS FOLLOWS: !. De=encan= shall amend Resolution No. 41-87 to delete =~n=z=ns must fully imorove the roadway to the condition that P1-' ~'=' - - be dedicated by them across the southerly portion of APN 941-1500-040- A copy of the proposed Kesolution .%mending ~= 'od hereto as Exhibit Resolution 41-$7 is at~cn~ · 2. Defendant shall permit Pi ~tiffs to pave, at their sole cost and ezpense, the southerly porti6n of AP~ 941-1500-040 within the proposed street right-of-way and 'to use the paved portion for private parking purposes. The paving plan, including design and layout, landscaping and lighting, shall be at'the same level of quality as the development approved for the northern portion of the parcel and shall be subject to City review and approval. At such time as Defendants accept Plaintiffs' irrevocable offer to dedicate a public roadway across the southerly portion of APN 941-1500-040, ~laintiffs shall cease to use said paved portion for parking purposes and Plaintiffs shall remove, at their sole cost and expense, all paving, lighting and landscaping placed on that portion of 941-1500-040 to be dedicated. Plaintiffs shall hold the Defendant, its officials, officers, 'employees and agents harmless from and against any and all loss, liability, expense, claim, costs, suits and damages of every kind, nature and description directly or indirectly arising from the paving and improvement of said portion for private parking purpose{~ the use of said portion for private parking purposes, and the remora! of said pavin~ and improvements at the time ef dedication. 3. Defendant will not exclude the proposed road area in determining the maximum floor area ratio for APN 941-1500-040 through a Planned Deve!cpment rezoning process, unless the offer of dedication has previously been accepted. -2- 4. Plaintiffs shall forthw~ ~ execute the City of Dublin Public Dedication Agreement, a copy of which is attached hereto as Exhibit "B". 5. Defendant shall by noon on December 4, 1987, perform any and all inspections necessary to ascertain Plaintiffs' compliance with the Building Code and all applicable conditions- of approval of the City of Dublin and to enable Plaintiffs to immediately occupy and use the improvements constructed on the 'northerly portion of AP~ 9~1-1500-040 provided, however, that.~ said in£~ections reveal co~Iiance' with said Buildin~ Code and conditions of approval. Defend~nt'shall, to the extent consistent with its custom and practice, permit Plaintiffs to provide a security deposit to secure tke completion of those items which are not safety-related. ~othing contained herein shall be construed as a waiver by Defendant of compliance by' Plaintiffs with the applicaDle provisions of said ~ui!din~ Code. 6. Plaintiffs shall dismiss the Complaint filed in said action insofar as it pertains tc the-Defendant. 7. Plaintiffs hereby release and discharge said Defendant, of and from each and every claim, demand, action~ cause of action, damage, ccst, expense, attorneys' fees, obligation, and liability of whatever kind or nature, in !a~ or e~uity, arisin~ or to arise in favor of the undersigned, whether known or unknown, including, but not limited to, claims for damages to property, loss of income or business, or special damages cf any character, ky reason of or ~rowing ou~ cf said Defendant's adoption of Eesolution No. 41-$7 on June 22, 1987. 8. As further material consiu~ation for agreeing to this Sett!~ment, it is expressly understood and ~g~e~d"tha~t:~ (a) Ail claims, past, present or future, against the Defendant are disputed and this settlement shall not, and.may never be, treated at any time or in any manner whatsoe~er, by anyone, as an admission by, Or against the entity released herein, of any liability or obligation relating to the herein described matters and events, or the truth of any of the allegation of~ the Complaint in said a~tion. (b) This settlement-is considered by the undersigned to be fair, equitable and made in good faith to all oarties and/or persons concerned, and is- entered into freely and Voluntarily with and upon the advice of the attorneys retained to represent the undersigned. (c) This release is expressly intended to cover and include all claims, several or otherwise, past, present or future, known or unknown, which can or may ever be asserted by Plaintiffs' heirs, or otherwise, as the result of Defendant's adoption of Resolution No. 41-87 on Jun'e 22, 1987. (d) The undersigned understand and agree that this Release and Settlement Agreement covers and includes all claims of every kind or nature, past, present or future, known or unknown, suspecled or unsuspected, and all claims or rights pursuant to Section 1542 of the Civil ,e of the State of California are hereby expressly wa{red as'to Defendant's adoption of Resolutio~ No. 41-87 on June 22, 1987. The undersigned understand that said Section 1542 provides: "A general -release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." t (e) This release ~hall bind and be binding upon the heirs, personal representatives or executors, administrators, and assigns of the undersigned, an~ shall inure to the benefit of the agents, employees, .. servants and successors of the undersigned. (f) The undersigned Defendant represents and- warrants that ~.[eyers, Nave, Riback and West are the attorneys employed tc represent the undersigned Defendant with respect to this Agreement and all matters covered herein, that the undersigned Defendant has been fully advised by said attorneys with respect to the undersigneds' rights and with respect to the execution of this Agreement and to all matters which are subject to this Agreement. (g) The terms of this release are contractual and not a mere recital. It is further understood and agreed that no prcmises, representstions, inducements, or warranties have been made or extended by any part hereto other than those which are expressly set forth in this release and this release contains the entire agreement between the parties relating to the rights and obligations therein. This Agreement shall be construed and enforced pursuant to the laws of the State of California. 10. This Agreement shall not be construed as limiting the legislative authority of the City o~ Dublin in a manner contrary to law. ' IN WITNESS WHEREOF, the undersigned have executed this Release and Settlement Agreement on the dates indicated: CITY OF DUBLIN APPROVED BY THE CITY COUMC!L OF THE CITY OF DUBLIN BY ACTION T~KEN ON December 14 , 1987. APPROVED AS TO FORM. MICHAEL R. NAVE, City Attorney SAL ENEA Dated: -6- CITY OF DUBLII~ pUBLIC DEDICATION AGREEMEHT THIS AGREEME~tT is entered into on. December 14 , 19E7, by and between the CITY OF DUBLIn,, a municipal corporation, hereinafter referred to as "City", and E~EA PLAZA, hereinafter referred to as "Owner". In consideration of the granting of Certain entitlement of use described as follows: Eezoning Assessor's Parcel ~umber 941-1500-038-1 and a portion of Assessor's Parcel Humber 941-1500-040 from PD (1464th Zoning Unit) to PD, Planned Development District, as more particularly described in Ordinance No. 35-27, and the ultimate acceptance by the City of the property described in Exhibit A herein. It is mutually a~reed as follows: !. Time of Dedication and'Como!etion. Owner shall submit an irrevocable offer of dedication to the City.of the property described in Exhibit A ~=cn~d hereto and incoroorated herein by reference City ac~°°~ to accept ~$uch offer of dedication ~n accordance with the fo!towing schedule: At such time as the roadway between ~ador Plaza Road and Golden Gate Drive'is to be improved, but in no event before the remainder of the proposed roadway is to be improved. As used herein, the word "improved~ means that City is in possession of the r~cht-of-wav, the fundiQ9 for construction cf the roadway to be improved has been ob~a_n~s;~ ~ ~ .and the roadway_ construction .oroject is within one (!) mo~.~n of goin$ to bid 2. A copy of this Agreement s~ ! be recorded by City with the County Recorder. 3. The plan line for the new street c~nnecting Amador Plaza Road with Golden Gate Drive shall be in substantially the same location as depicted in Exhibit A, ~ner understands and '--agrees that the right-of-way may be moved not more than ten feet in any direction without Owner's approval. In such event Exhibit'A shall be deemed to be amended to reflect the area within the adopted plan line which is within A?N 941-!500-040.~ 4. The City shall by resolu'tion initiata the planned development rezoning process for a redefinition of the planned development to provide that the uses permitted in the southern portion of AP!; 9~!-1500-0~0 shall be identical to those uses permitted pursuant to City Council Resolution ~umber 41-87 and planned development application PA 87-0!E. Owner understands' and agrees that prior to development, ~ner shall conply with City's Site Development Review procedure. IN W~TNESS WHEREOF, the parities have executed this Aqreement on the day and year hereinabcve written. OWNER: CITY: RICHARD C. A~OSE, ~'f~ty ~tana~er RESOLUTION NO. 102 - 87 A RESOLUTION OF THE CITY COUNCIL · OF THE CITY OF DUBLIN INITIATING A ~D, pLAY,lED DEVELOPMENT REZONING CONCEKNING PA 87-178, ENEA pLAZA PD, pLANNED DEVELOPMENT REZONING APPLICATION, SOUTHERN PORTION OF APN 941-1500-40, WEST SIDE OF AHADOR PLAZA ROAD NEAR DUBLIN BOULEV;3RD VHEP=~Y_~S, the City Council of the City of Dublin and John Enea and Sal Enea have entered into various agreements to settle a Superior Court action regarding the Enea Plaza PD, Planned Development Rezoning Application (PA 87-018) and a proposed roadway through--the southern portion of Assessor's Parcel No. (APN) 941-1500-40; and ~'HE~REAS, the southern portion of APN 941-t500-40, including the proposed roadway area, is undeveloped and covers approximately 3°0± acres and is part of the 1464th Zoning Unit, PD, Planned Development District allowing C-O Administrative Office District uses and a limited range of compatible C-l, Retail Business District uses; and ~X4E2~Y-~, the Zoning Ordinance provides that rezoning may be initiated by resolution of the City Council or the Planning Cc~-~ission, or by petition of all affected property o'~ers~ Ttz=_~_~ORE, BE IT PgSOLVED THAT ~-XE Dublin City Council finds that it would be reasonable to initiate the Platted Development Rezoning process for a redefinition of the l&64th Zoning Unit P!ap~ed Development to provide that the uses permitted in the southern approximately 3.0k acre portion of APN 941-1500-40 ~hall be idenuical to those uses permitted pursuant to City Council Resolution No. &1-87 and P!a~=ned Development Application PA 87-018, with development in the southern portion complying with the Site Development Review process; and BE iT FUitTHER PgSOLVED THaT THE Dublin City Council hereby initiates said rezoning. PASSED, APPROVED AA-D ADOPTED this l~-th day of Dece~er , 1987. AYES: NOES: Councilmembers He~artv~ ~ and Mayor Jeffery None Snyder, Vonheeder ABS Eh~f: None ATTEST Development Services ?,O. Box Dublin, C 4568 · ',. '. , ,: - ,,..' ' I;~anntnp~_,anlng "..': ~!.. " lilding & Safety Englneenng/Public Works FINAL ACTION LETTER 829-4916 829-0822 829-4927 Re. Planning Applicaton #: Date: August 14, 1987 PA 87-018 Enea PlJza - PD, Planned Development. Rezoning request to'rezone approximately 5.0+ acres.to allow for a range of retail shopper, office, personal service and financial uses within a new three building - 42,000+ square foot single stool retail complex (from PD 1464 ZoU. - Alameda Counp7 Ordinance No. 81-26). Finance Control #: Project/Site Address: 32132 -- Southeast and southwest corners of the intersection of Dublin Boulevard and Amador Plaza Road Assessor Parcel Number(s): 941-1500-38-! and the northerly 2.78± acres of 941-1500-40 Applicant: Robert Enaa 3470 Mt. Diablo Boulevard, Suite 300 ' Lafayette, CA 94549 prooerty O~er: Scl & John Enea '..' ' 7450 Dublin Boulevard " Dublin, CA 94568 Dear Applicant: The above referenced project was acted upan on July 27, ?87, by the: ~X Zoning Administrator Planning Director Planning Commission City Council and was: Aooroved Aooroved Subject to Conditions Denied Findings and Conditions of Approval are attached. Please note that cn July 27, 1987, the City Council waived the second reading and adopted Ordinance No. 35-87, a~endi~g the Dublin Zoning Ordinance and rezoning the property identified as Assessor's Parcel Map No. 941-t500-38-1 and the northerly 2.78~ acres of ~41-!500-40. The Ordinance will become effective August 26, 19S7. . TT^CH EHT OP, D!UAUCZ 1]0. 35-87 OP. DIlb%NCE .OF THE. C.~TM..OF .DU~LII~ A.MENDI,']C ,.THE ZSN~]C .OPH)INANCE TO PEP~MIT, ,- -' ~ ...-' THE REZONII]G OF REAL PROPERTY LOCATED AT THE $OUi'HEAST AI;D SOUTHWEST COPg]ERS OF THE IIiTERSECTIOI] OF A]i~DOP. PLAZA ROAD AI]D DUBLIN BOULEVARD ?ne City Council of the City of Dublin does 0~dain as follows: Section 1 Chapter 2 of Title 8 of the Dublin Ordinance Code is hereby amended in the following manner: · Approximately 5.0 acres generally located at the southeast and southwest corners of the intersection of ;~ador Plaza Road and D~blin Boulevard, more specifically described as Assessor's Parcel Number 941-!500-035-1 and the northerly 2.78~ acre portion of the ~.83~ parcel identified as ;~sessor's Parcel Number of 941-t500-0&0, are hereby rezoned from PD (!464th Zoning Unit) to a Planned Development District; and PA 87-018 Enea Plaza, as sho'~ on Exhibit A (Negative Declaration of Enviror~en~a! Significance) and E:~hibit B (Approval, Finding~ and General Provisions cf the PD, Planned Development Rezcning) on file with the City cf Dublin Planning Department, are hereby adopted as regulations for the future use, improvement, and ~aint~nance of the pr~per~y within this District. A map depicting the rezonin~ area a!~owing a range of retail shopper, c'~_nea below: -office, personal se~ice and financial us&s is u-~ it slna!l be publislned cn~, with. th~ names of th~ C~ucil~ember~ votin~ for and against the same, in Th~ Hgra!d, a n~'~spaper pu~!ish~d in A!mmeda County and available in the City of Dublin. PASSED AND ADOPTED BY the City Council'of the Ci~~ of Dnb!in, cn this 27th day of July, 19~7, by the foi!o~'ing votes: AYES: Ch. Hegarty, Y. off~tt, Snyder, Vcnh~der, znd Mayor Jeffery NOES: None A~SENT: None p.E£OLUTIOU ]:~0, 41 - g? A RESOLUTiO~ O? THE CITf CO~;CIL OF ~.qZ CITY OF DUBLIN APPP. OVII]G AIID ESTABLI£H!:~C FINDINGS APtD G~FEP.~L 2ROVI$10HS ~OP. A ~D, 2~/~ED DZ7ELO-iq~-~HT P~EZOIII!]G CONCZP/q]2~G PA ~7-01B, El]Eh pLAZA 2D, 2LAmP, ED DEVELOPMENT 2~EZOt~II]G AP2LICATION ~-HEp=__~, Rober~ Enoz, repragenting Job~ & £al Enea, filed an application to rezone approximately 5.0 acres from a 2D, Platted Development District allowing C-O, Administrative Office Di~ic: uses and a limited rang~ of cc~atible C-l, Retail Business District ~e~ to a new PD, 2!armed Deve!opmenn District allowing a :ang~ cf retail ~hopper, office, personal se~ice and financial uses, involving Parc~!s A, B, and a portion of C of Parc~! Map of 2922; and .-. ~q~E~%S, the ?lannin~ Cc~issien did hold a series of hearings cn said app!ica~icn ccnc!uding with a hearing on M~y 4, 1987, at which time the Ptap~.ing Cc~issicn adopted Resolution I~o. g7 - 029, raco~ending approval cf the ?D, ~!anned Deve!c~nent Razoning request for PA 87-018; and ~q{E~Z~, the Ci~f Cc.~ci! did hold ?~lic hearings cn said on May 26, 1987, June 8, 1987, and J~ne 22 1987; and ~F~kS, prcoer notice cf said pu~iic h~arings was given in a~! respects as required b'/ law; and ~HEp=__%S, the Staff reTOrt was submitted recover, ding that the recuest be approved subject t~ Conditions pre~arzd hy Staff amd r~_ectad ix p!arminz Ccr~issicn Eeso!ution Mc. 87 - 029: and bErETta. S, '~xis ap~!icauion has beer~ r~gewed in acccr~nce with provisions cf the Ca!iron. ia Epf;irc~enta! Qua!iT/ Ac= and a Negative Declaration of Er~zircr~enta! Si~.ificance has ~een adopted (CiT/ Cc~xci! Resolution Resolution Mo. 40 - 87) for this yroject, as it will have si~.ificant effect on tko envircr~ent: and . ~E~E~S, the City Council did hear ~xd corridor all ~aid reports, recc~ndations and t~stimcny her~in above sat f:r~x~ and ~E~E7~%S, the r~zoning is appropriate for the ~ubject ~rcper~/ in te~s of being compatible to e>:isting and prc~csed land uses azd cot. foxing the ~.der!ying land use desi~natign and it will r. ct cverb~dan yubiic se~ices: ~"HEKL~S, the rencnin~ will not hav~ a ~ubstantial adverse affect health or safet'f or be substantially detrimental to the p~otic welfare or Be injuriuus to ~ro~erty or public improvement; NOW, THLiEPO~, ~E i! ~SOL~TED Tii~T %HE Dublin Ci~- Council does hereby approve the ~D, Planned p~va!opment Re-~n~= r~quest s~ect to the follo~'ing conditions: ~ 1) The PD, Planne~ Development Pistrict's deve!e~ment shall conform to materials from the City Council Stmff Report dat~d~ay 8', 1987, labeled Exhibit D, an~ Attachments 2 and 3, on file with ~e Dublin Mlanning Department. 2) ~ae 2D, .Planned.Development District's development shall substantially~- conform with the Site Developmen~ Review request approval granted under PA 86-071 or a new Site Development ~eview shall 5e processed for each phase of development of the PD, planned Development District. 3) Any new Site Development Revie~ and/or.C~nditiona! Use Permit request processed for this PD, Planned Develgpment..Di~$rict may modify ,the pad. locations, circulation system, architectural design, landscaping plan, floor area, and other related design items if it is found to be in the best interest of the City to do so. Uses within this PD, Planned Development District shall substantially comply with the Applicant'~ li~ting of r~tail ~hopper, office~ personal =~ ~1 from the Planning Commission Staff Report sea;ica, and ~nan~= uses dated April 6, 1987 labeled Attac.~ment 2 on file with the E~fo!in Planning Depar~-m~ent. ~ne Developer shall dedicate and fully improve the segment of the proposed. road parallel to Dublin Boulevard which passes through the southern. portion of ;~I~ 941-1500-040. ~ais proposed road has been identified as needed for the huildout of the ds~to'~~ aras in Soecific Plan (including the huildout of this proper~]). %~e ne~ roadway. is to run between j~ador Plaza Rsad in this project, wesT=etd to Regions! ¢-~=~ and is to be located south of .the retail como!ex currently under ccr~tructicn. ~ne exact iocaticn and width vi!! be defaulted By the Ci~z through further detailed s~udies. '~ '- ize timing of this dedication and the imprcvezents shall Be zs follow: a) Au such time as the fu~zre development of any portion cf the southerly portion of.~xe parcel throu~which this road is proposed to pass is so,roved., by the City, ~he Developer sa=__'-~ dedicate'the right-of-way and copJ~act the road i_-yrcvezents; ct, in the atterr.~tive, the Developer shall dedicate the right-of-way.and provide to the Ci~3 sec"---ity in an aao~xt and lorn approved hy the City guaranteein~ such const~action at suck time as the remainder of the proposed street is to If prior to the fupare development of an?' portion of the southerly portion of the parcel through ~inich finis road is przposed to pass, the remainder of the proposed street is to ~e cor~.~-'c~ed bp; others, the Dove!oDer shall at the= tine dedicate the right-of-','ay and construct the road improvements. Prior to and as a further condition of this rezo~!ng, ~te Developer and the City shall enter into an agreeu~n~ e~Dodying the above conditions ~nd Eaaranteeing constracticn by the Devel¢~er of the improvements mentioned herein. These conditions shall be recorded in the 0ffic~ of ~le Recorder cf A!a-~eda County by ~na Developer. Except as specifically modified by the above listed Conditions of A~croval, development and ¢~eration of land use activities within this ~nned Dave!cp~ent District shall ~e' subject to the guid~!ines of the C-i, Re tail business District of the City of Pu~lin Zoning Ordinance as r~gards both land use restrictions and minimum/m~ximum deve!o?zent criteria. ~S'SED ~A22KOVED 'AND 'ADOPTED mmber Mo: pe~t~ed Us~s p~tail ccnn~rcial shopper Eccds es~ablis~en~s such ~: a. Cener~l ~rcb~di~ Stor~ d. ~ ~is~n~ Stor~ f. p~'~y/S~i~! Intere~ Stores Oifis/S~i~ty Stores j. ~ Stores k. Au~ p~s Stores ' s~!~ ~es tP~t offer ~i~n ~ ~ cn pri~ ~d q,~ity. EatL~g ~ud ~iri-~ng e~ablis~nts inc!ud~g, ~ not 1~:~ to, the c. Eoc'~ d. Ice ~ezm p~lor e. S ~n~ich Shop f. S~ialty ~ g. Ee~catessen h. i. ~dy or Nuts j. Ee~th ~d k. ~e ~d Cn~se with cn-~!e liq~ l~ ..... f~ State cf ~forniz. b. ~r Shop c. S~e proper d. Clef. er ~ud ~ver g, p~to~pher i. Interior j. ~vel A~nt k. Key S~p -. " m. ~lor S~p n. F~d~ ~ Shop Office iccludin~, but not l~t~ to, the a. ~t~tri~ c. e. f. ~to}m~t A~ncy g. ~ ~tate - h. ~r A~i~r~tive mzd ~fe~ion~ Offi~ ' SubJect~ to appr~;~l of a Conditional U~e Permit: ~. ~ity, reli~o~ ~ c~itzble' ~itu~n f~ilities ~d ~s. b. ~lic f~ilities ~nd ~s. c. Vet er~/ f. F~ycl~E ~nte~, %%en o~r~t~ ~ ~nj=~icn -~th z Pe~tt~ Use on the s~ pr~s. In-p~tient ~d o~-patient he,th f~itities ~ li~ ~ the State ~p~nt of Health Set;ices. pro'nib±ted Uses , -~ ~ores~ including: All retail ~rci~l u~es defLned as con;e .... ca a. Liquor ad ~'ine Stores b. Drive-in and Drive-tb-~°ugh p~e~z~mnts c. ~eat, Yish or Poultry Stores .. d. Convenience Food Stores ~ other stores %.hich se!! focal ~d o~[er ~c-~eL~!d g~cds for ccnsL.~ption in a slno~ t~_~e. mhd used vekicle sales mhd/or vehicle rec,~ -~=nd se~-c% se_~;ice s~aticns. P~sidentia! ~_~es. Industrial ? · O;..),,.q:,:~ . E .. . ' '".. , ,. ,--;,~,,:.' '.'~c'E ;'C.i?7'~F)t;-;G Cifi, l"fr'.;t '.: r,Q:~-'I2'QL,r{,'<~- ~' ."~ ' / :"',, '::bi'~'('~')~i Z,~:~-6:' cou'.:':'["c oxix;:;;::t'~P-dS~bD/'EU ' ",.",. ....... ,':r :.~;fG 'fO 7. C)i;I?fC; · }'"'" "',. ?. .... t. ~81 APR -8 '?h~ ~;o::~d of S,.,ocr','~;r: o~ t;:~ ........ , ' -~E~PiE0~-COUHi f PLA?Iii?t(] S gC'£[O,."f .i. .' Chapter 2 of Title S of tn-= ,--' ..... :~- . ......... · . - o ~ .,~,,=.~o , 23.49 a~s located. one parcel contaznzng =PD-o ....... ly ' s_~e~ ~c~css __o.- A..-~ .... 7450 Dublin Boulevard, souca ~ = = F~ ~ ~=~- ~] Road~ B,zb!in~ bearing Count7 Assessor's designation: Ffa~ 94]-~ " Block 1500~ Parcel 14-10, as sho~.m on the zap labeiI~d ~'Exhibit li64th zoning Unit" on file with the Alameda COunty Planning Com~isiion at-399 E!~qurst Street~ HaT..;ard~ Ca!ifo~ia. here~y rezoned ~ --~ Co~erciai) Pislrict to a =~ (Plap. ned peveieanent) ...... ;~- the C-2 (general '~ ' and a racquecbai! club, g)v. nasium, restaurant, azd e:kar co~=rcia], uses a!l~wad by the C-! (Retail Business) District vhere such uses are through Zoning AoprO'3ai to be of s~i!ar intensity to and cem~ac~b!e with .... C-O uses, with ail ·uses subject to C-O District r~u!at~on~{ A ru:p of nk¢ Uniz i~ as foi!ows]' '.'" SECTION This Ordinance shall take effect and be in fo~ca thirty (~0) days from and after hhe be published once with the names of ~ne membezs ~{E INTER-CITf EXPRESS , a ne~'zspaDec published in ~e sgid Co~ty of ADOPTED by ~ne Boazd of guDe:visozs Califocnia~ on Asri! 2 ~ 19 81 , by ~qa foHowin~ c~ed vote: · . ~.~mS. $une~v~so~s Coooer, Excell George, Santana and Chai~n Bott - 5 ~, O_S. Su~e~'ziso~s - None - ]EXCUSED: Supe?vbo?s - None " ATTEST: ~', I LLI.-. ~., the Bcm-d of Suge:'.,isc~s of the County of Alameda, State cf JOSEPH P. BORT Chabm-an of the Board of Super~zisors . the County of Alameda, State of. Ca![focn;.a By WiLLIA>! M-E:SRWE!N ~<' _ 8]45.6 :~l~ OF in an H-! Listrict have a Hadst'in excess of feet~ e:~caoh as ~rc-.~ded by Sectic~8260Y9 land ~ ~.,~t~ as pro-~_d~d, in Section 8-~O.50/ shY'not ground coverage ~ c ....... of exceed forty (40) }er cant = of the !c: =h~a~ ke ~zded and ~=~-ad~to stand~ ~rcv~d.%y P!a~ Cc~ssicn -~.d m~r.t~nad-inl a .dust-fram cc~tion.'=- J~ ~ ~k~ ~-eas ~nd ~ivaways aha~ ~a ~avad %o a~d~ a~r~a~"~/ 8-45.5 SIGNS: H-i DiS~.iCTS. 'Signs ge~!ttad su~jac~ ~c Sect!c= 8-60.65~~ Size: ;~ea of ~!! sigr. s not to exceed ~o' (2) ~!u~ra. faet for.each one (!) lineal foot cf ?r~ar}' Bui!din~ ~rontag% and cna' (1)~squzr~ fcc: for each cna (!) linazi f~ct of Sec=ndz~f Zui!din~ Fr=nt~e, up to a cf two hundred (2CO) ~quara feat far each business, provided tha~ each business is guaranteed fifty (50) square feat of si~ area. ~- . ~7pe: 5usinass Signs. Location: Wall Signs. . ~' · ~raaSnanding Signs aa fo!!cws:' no more than c~a (!) ~raast~inz Sign shall be ce~itta~ for each lo% ~anty-fiva '(25) fast ~xf~ "'' cna hundred fifzy (i~C) square fast =~c~ '-~ aras. ~'~ ' ' Character: No sign _=hall be f!aakin~ cr intakes:ant, contain moving 5 Dis 5rict.. .... : (~endai by sac. 5, Crd. 74-1) cor~cru to the ~erfc~-ca st~d~is cf this chzptar for M-? districts,as .'~.'] ' set forth in S~cticn ~-50-!- ! (.:~nded by sec. 6~ Cra. 69-85) ~ "- _-- Districts, here~aftar designated aa C-O Districts: nra tO ~iCVi~C %C~ thc Location cf 'offices for prcfessicn~ ser-~_ces ami for ~.usinesa acid'S_hies vhich ~e cz~zctarlzac %v a!c; ' ~'--- cf~ : sit-ups? !2 ar~as h~'~-~ conVe~er-5 access frcm~ ~ut not 6irec~!? ! C-O .his ~.e fc~cri~ ~inci~al Uses ~ a) C~'fic~ or cfflce b.~ldir~ for the ccnduct cf h'~.asa, a~trztcr ~ er orofeSsion~ aervices~ vhere these ~cti-,~tie~ do not I the m~nufact'~-e~ storage, disol~y except s~!ez~ ar s~la at ' retail of a.~: march'~ndise dm the pre~ses; inc!udi~ hut not ; , !~ted to thc fo~ t~as cf office cccu~.cy -- -Accountant;.adYerti~'ing, architect~ attorney~'.b~oker (~tock and .... , · ' bond),' busineca consuJ_tant, %u. sines: ~gament~ Ch~r~c~st~ ' - ' ~ngine~ finance~ induztria! architect loan agencY, nortgage, phi!antP~op~c .ct charitable 9rga~zation: phynician,: ~b~c ut~tias~: rea! estate,, aales.reprazentativaf.mecmetarial, .' - '.-- ~sociai iservices ~' .te!e=hcne anm~erinE: travel, agent; d) - Cl,~ahcnse~ or' rccms used-b7.me~u~rs 'e~ .a~ crEa~zed-cl~ !cdEei .... '. ~ion'. or scciebT; ..... : ....... " c) Eesta,~ant...cr reta~n .stare which-serves pr~-=r~y.the cccupanls " p~trcns; ¢ : d) Eezearch er deve!c~ant .laboratory, excant those-.e~ci ~ · m~n~c~'~ of prcductz for cc~erci~ sge or.~ztrihutiom and exc!udi~ any which ~rcduce: or is smcke~ dus~ odors: g!ara ar ~ratians chsarvab!~ cutsidc the bu~i~ pot ticn thereof of materials or w~hicl~s: cr'rapa~ (~anded by s=~ 1~: C~i. 69-23~ a=andad by sac. 14, Or~. 70-57) '(3ased on ~es: k, Ord. 69-~3) 8-16.3 EL,'~r__,..D~G SZ_TE: C-O DZE:'~-'?,ZCTS. Ever:,-Use ~ (TO) feat~ an~ an area .not less than ten tncusani (!0:~O) ~uare feet. ~-%0.~ La~S' C-O DiS~,!CTS. %ne y~d rec,~r~m~nts in C-O Districts shm~ %e as fc!!cws~ s~uject to the gamer~! ~rcvisicns cf Deutk cf front Yar! - not leas than twenty reoth cf Ra~ Yard - not !ess than ten (!0) feet; Width of Side Yards - not !ess than t~n (!O) feat. 8-46.5 5~IG?~ CF 5U~:C~: C-O D~ICTS. ~ccapt 8-~O.!O, no .... z C-O ~strict "~-h~ in excess of th_r~y-~l'~ (35) .NEw TRAFFIC WIDENING OF DUBLIN NEW TRAFFIC --~IGNAL : ' NEW STREET RAMON ROAD YVIDENING --.5~ RAMON ROAD 'OFF-RAMP IMPROVEMENTS Ci'rcul~:ion lmprovemen'cs DUBLIN DO~VNTOWN PLAN NEGATIVE DECLARATION FOR: PA 87-178, Enea Plaza (southern portion) Planned Development Rezoning Request (Pursuant to Public Resources Code Section 21000~ et seq.) LOCATION: The southern 3.0+ acres of Assessor's Parcel Number 941-1500-040 on the west side of Amador Plaza Road near Dublin Blvd. APPLICANT: Initiated by Resolutic~ ~,:o. 41-87 of the Dublin City Council DESCRIPTION: A Planned Development Rezoning request to rezone the southern 3.0+ acres of APN 941-1500-040 (located on the west side of Amador Plaza Road near Dublin Blvd.) from a PD, Planned Development District allowing administrative office uses with limited ancillary retail use to a new PD, Planned Development District allowing a range of retail shopper, office, personal service and financial uses, identical to those permitted to City Council Resolution No. 41-87 and Planned Development Application PA 87-018. FINDINGS: The project will not have a significant effect on the environment. INITIAL STUDY: The project Initial Snucy is available for review at the City offices an~ indicates the proposed project will nto have a significant impact on the environment. MITIGATION MEASURES: None required. PREPARATION: This Negative Declaration was prepared by the City of Dublin Planning Staff, (415) 829-4916. SIGNATURE: DATED: February 22, 1988 Laurence L. Tong, Planning Director