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HomeMy WebLinkAboutOrd 11-13 Dublin Retail Center Rezone ORDINANCE NO. 11 — 13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * ** * ** * * * * * AMENDING THE ZONING MAP TO REZONE 14.32 ACRES AT 5054 HACIENDA DRIVE TO A PLANNED DEVELOPMENT ZONING DISTRICT AND APPROVING THE RELATED STAGE 1 AND 2 DEVELOPMENT PLAN FOR THE VILLAGE AT DUBLIN RETAIL CENTER PROJECT PLPA-2012-00031 (APN 986-0033-007-00) WHEREAS, the Applicant, Regency Centers, has submitted a Planning Application to construct a retail commercial center of up to 167,200 square feet on a vacant 14.32 acre site at 5054 Hacienda Drive. The proposal includes the approval of General Plan Amendments, Eastern Dublin Specific Plan Amendments, Zoning Ordinance Amendments, Rezoning properties to a new Planned Development Zoning District and approval of a related Stage 1 and Stage 2 Development Plan, Site Development Review, Vesting Tentative Map, and certification of a Final Supplemental Environmental Impact Report, among other related actions. These planning and implementing actions are collectively known as "The Village at Dublin Retail Center Project" or the "Project"; and WHEREAS, approval of the project as proposed requires rezoning the Project properties to a new Planned Development Zoning District and approval of a related Stage 1 and Stage 2 Development Plan; and WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines and City environmental regulations, require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, the City prepared a Draft Supplement Environmental Impact Report (EIR) dated July 2013 for the proposed Project which reflected the City's independent judgment and analysis of the potential environmental impacts of the Project; and WHEREAS, on November 12, 2013, the Planning Commission adopted Resolution 13-37 recommending that the City Council certify the Final SEIR for the project, which Resolution is incorporated herein by reference and available for review at City Hall during normal business hours; and WHEREAS, on November 12, 2013, the Planning Commission adopted Resolution 13-39 recommending that the City Council approve rezoning the Project properties to a new Planned Development Zoning District and approval of a related Stage 1 and Stage 2 Development Plan, which resolution is incorporated herein by reference and available for review at City Hall during normal business hours; and WHEREAS, a Staff Report, dated December 3, 2013 and incorporated herein by reference, described and analyzed the Project, including the General Plan Amendments, Eastern Dublin Specific Plan Amendments, Zoning Ordinance Amendments, Rezoning properties to a new Planned Development Zoning District and approval of a related Stage 1 and Stage 2 Development Plan, Site Development Review, Vesting Tentative Map, and certification of a Final Supplemental Environmental Impact Report, for the City Council; and Page 1 of 7 WHEREAS, the City Council held a properly noticed public hearing on the Project, including the proposed rezoning of the Project properties to a new Planned Development Zoning District and approval of a related Stage 1 and Stage 2 Development Plan, on December 3, 2013, at which time all interested parties had the opportunity to be heard; and WHEREAS, on December 3, 2013, the City Council adopted Resolution 197-13 certifying The Village at Dublin Final SEIR and adopting CEQA findings, a Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program for the Project; and WHEREAS, the City Council considered the Final SEIR and all above-referenced reports, recommendations, and testimony to evaluate the Project. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Findings A. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as follows. 1. The Village at Dublin Retail Center Project ("the Project") PD-Planned Development zoning meets the purpose and intent of Chapter 8.32 in that it provides a comprehensive development plan that creates a desirable use of land that is sensitive to surrounding land uses by virtue of the layout and design of the site plan. 2. Development of The Village at Dublin Retail Center Project under the PD-Planned Development zoning and the related Stage 1 and Stage 2 Development Plan will be harmonious and compatible with existing and future development in the surrounding area in that the site will provide new retail, restaurant, and personal services to residents in an area that has similar uses nearby and is also adjacent to existing and future workplaces and residential neighborhoods. B. Pursuant to Sections 8.120.050.A and B of the Dublin Municipal Code, the City Council finds as follows. 1. The PD-Planned Development zoning for The Village at Dublin Retail Center Project and the related Stage 1 and Stage 2 Development Plan will be harmonious and compatible with existing and potential development in the surrounding area in that the proposed Site Plan has taken into account sensitive adjacencies and will provide a wide range of amenities to the surrounding neighborhoods. 2. The project site is physically suitable for the type and intensity of the zoning district being proposed in that the Project maintains the general character and density of adjacent development. The project site conditions are documented in the Supplemental Environmental Impact Report (SEIR) that has been prepared, the environmental impacts that have been identified will be mitigated to the greatest degree possible, and the project will implement all adopted mitigation measures. There are no site conditions that were identified in the SEIR that will present an impediment to utilization of the site for the intended purposes. There are no major physical or topographic constraints and thus the site is physically suitable for the type and intensity of the retail commercial center approved through the PD zoning. Page 2 of 7 3. The PD-Planned Development zoning will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare in that the project will comply with all applicable development regulations and standards and will implement all adopted mitigation measures. The Project uses are compatible with surrounding uses. 4. The PD-Planned Development zoning is consistent with and in conformance with the Dublin General Plan, as amended, and the Eastern Dublin Specific Plan, as amended, in that the proposed use as a future retail commercial shopping center is consistent with the General Commercial/Campus Office land use designation for the site. SECTION 2: ZONING MAP AMENDMENT Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code the City of Dublin Zoning Map is amended to rezone the property described below to a Planned Development Zoning District: 14.32 acres at 5054 Hacienda Drive. APN 986-0033-007-00. ("the Property"). A map of the rezoning area is shown below: J © __.. d▪ J 0 `, IE I -- i ( PD Rezone I Ir la Project Site Itill:1- 111 11 Iii ..,.._ .. ,..„. '• y % 0 r ti I`CE55 ROAD yR� _ - : y i Page 3 of 7 4 SECTION 3. APPROVAL OF STAGE 1 AND STAGE 2 DEVELOPMENT PLAN The regulations for the use, development, improvement, and maintenance of the Property are set forth in the following Stage 1/2 Development Plan for the Project area, which is hereby approved. Any amendments to the Stage 1/2 Development Plan shall be in accordance with section 8.32.080 of the Dublin Municipal Code or its successors. Stage 1/2 Development Plan for The Village at Dublin Retail Center Project This is a Stage 1 and 2 Development Plan pursuant to Chapter 8.32 of the Dublin Zoning Ordinance. This Development Plan meets all the requirements for both a Stage 1 and Stage 2 Development Plan set forth in Chapter 8.32 of the Zoning Ordinance and is adopted as part of the PD-Planned Development rezoning for Village at Dublin Retail Center Project, PLPA-2012-00031. The PD-Planned Development District and this Stage 1/2 Development Plan provides flexibility to encourage innovative development while ensuring that the goals, policies, and action programs of the General Plan and provisions of Chapter 8.32 of the Zoning Ordinance are satisfied. 1. Zoning. The Zoning for the subject property is PD-Planned Development (PLPA-2012- 00031). 2. Statement of Permitted Uses. Permitted Uses (as defined by the Zoning Ordinance): o General outdoor seating areas (plaza seating areas, benches, chairs, café tables) not dedicated to a specific user are permitted throughout the project area in any location. o Retail-General and Retail-Neighborhood use types o Offices - Professional/Administrative o Personal Services o Eating, drinking and entertainment establishments including the following: • Eating and Drinking Establishments, including the following: o Eating and Drinking Establishment— General o Eating and Drinking Establishment— Specialty o Eating and Drinking Establishment—Take Out • Outdoor Dining Areas (supplemental to an existing indoor restaurant) are permitted as identified on the Site Plan (Sheet Al of the Project Plans). Outdoor Dining Area is defined as a controlled outdoor dining space (not enclosed in a building, but enclosed with a fence or barrier), which is supplemental to an indoor restaurant and dedicated to the use of a single tenant or tenants. Additional Outdoor Dining Areas may be permitted through a Site Development Review Waiver Permitted with a Conditional Use Permit and/or Zoning Clearance/Minor Use Permit (as defined by the Zoning Ordinance): o Community Facility o Recreational Facility— Indoor o Daycare Center o Community Care Facility (Large) o Nightclub Page 4 of 7 Prohibited Uses: o Drive through facilities 3. Stage 1 and 2 Site Plan. The Stage 2 Development Plan is shown below and is also included as Sheet Al in the Project Plan Set, dated received October 29, 2013, on file at the Community Development Department. . 4,i.. _ ---- ,r l l III .. •• i ® ■■ , 1�_ . in sir- �.«.: a +I• • 7gg7i�r 1911" ■ I" �•=_ �rrrr1!IOMMr ..■�.,■.�,�d+llr�.�l11�i��y� al-...� CJs i�_ �� -__ __-- . _ __ _-_ �I ,, ,,,� mob.•.. � .,., ■ - * II !�;�.. .■ !.!4 • _ .. ....-..d.L„,.f __;",.T f. T,�.P..n err .■1r- 4. Site area, proposed densities, and development regulations. Maximum Building 40 feet Heights: Signage Pursuant to an approved Master Sign Program Minimum Lot Size None Maximum lot coverage 27% Maximum Building Area 167,200 square feet Maximum Floor Area .27 Ratio Parking Stall Dimensions Per Chapter 8.76 Off-Street Parking And Loading Regulations of Standards the Dublin Zoning Ordinance Minimum Setbacks Per the Civil Site Plan (Sheet C-2 of the Project Plans) Parking Spaces Required: 828 spaces to be provided according to Site Plan, which based on the expected tenant mix of retail and restaurant uses, is expected to be well in excess of City requirements. 5. Phasing Plan. The project site will be graded, improved, and constructed as a whole, but will likely be broken up into different building permit submittals. 6. Preliminary Landscape Plan. Sheets L1 through L3, inclusive, of the Project Plans illustrate the conceptual design. 7. Architectural Standards. The conceptual architectural design of the project shall reflect the following standards as illustrated in the Project Plans. The architectural design shall: Page 5of7 • Employ a variety of materials, textures and colors to provide visual interest in the project and to complement its surroundings. • Use diversity of colors and textures in the building finishes to provide a varied and interesting base form for the buildings. • Incorporate features such as different wall planes, heights, wall textures, roof elements, storefront designs, awnings, canopies, trellises, base treatments, signs, light fixtures and landscaping to contribute layers of detail at the pedestrian level. • Provide functional outdoor plazas where people will gather and socialize, with landscaping, outdoor seating, enhanced paving treatment, and other features to provide an appropriate urban scale for the center. 8. Consistency with General Plan and any applicable Specific Plan. The proposed project is consistent with the General Plan (as amended) and Eastern Dublin Specific Plan (as amended). 9. Inclusionary Zoning Regulations. The Inclusionary Zoning Regulations do not regulate non- residential projects, so therefore this is not applicable. 10.Aerial Photo. An aerial photo is on file with the Community Development Department. 11.Applicable Requirements of Dublin Zoning Ordinance. Except as specifically provided in this Stage 1 and Stage 2 Development Plan, the use, development, improvement and maintenance of the property shall be governed by the C-2 (General Commercial Zoning District) provisions of the Dublin Zoning Ordinance pursuant to Section 8.32.060.C. No development shall occur on this property until a Site Development Review permit has been approved for the property. 12.Compliance with adopted Mitigation Measures. The Applicant/Developer shall comply with all applicable action programs and mitigation measures of the Eastern Dublin Specific Plan and General Plan Amendment EIR and The Village at Dublin Project Supplemental EIR. SECTION 4. POSTING OF ORDINANCE The City Clerk 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 36933 of the Government Code of the State of California. SECTION 5. EFFECTIVE DATE This ordinance shall take effect and be enforced thirty (30) days from and after its passage. Page 6 of 7 PASSED, APPROVED, AND ADOPTED this 17th day of December 2013, by the following vote: AYES: Councilmembers Biddle, Gupta, Hart, Haubert, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None Mayor ATTEST: tif\I City Clerk Ord No. 11-13,Adopted 12-17-13, Item 4.4 Page 7 of 7