HomeMy WebLinkAboutPC Reso 14-49 The Green Mixed Use rec to CC PD Rezone Stg 1 & 2 Dev Plan RESOLUTION NO. 14-49
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE TO REZONE 27.5
ACRES AT 5144 AND 5344 MARTINELLI WAY TO A PLANNED DEVELOPMENT ZONING
DISTRICT AND APPROVING THE RELATED STAGE 1 AND 2 DEVELOPMENT PLAN FOR THE
GREEN MIXED USE PROJECT
PLPA-2013-00013
(APNs 986-0033-004-00, 986-0033-005-00, 986-0033-006-00)
WHEREAS, the Applicant, Stockbridge/BHV Emerald Place LLC, has submitted a Planning
Application to construct approximately 37,000 square feet of retail and restaurant buildings with
associated outdoor seating areas and six future residential neighborhoods with 372 units in multiple
buildings on a 27.5 acre site. The proposal includes the approval of General Plan Amendments,
Eastern Dublin Specific Plan 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 (Commercial Buildings only), Vesting Tentative Map, Development Agreement, and
certification of a Final Supplemental Environmental Impact Report, among other related actions.
These planning and implementing actions are collectively known as "The Green Mixed Use Project"
or the "Project"; and
WHEREAS, the implementation of the development project requires that the project site be
rezoned to a new Planned Development Zoning District with 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 (SEIR) dated
August 2014 for the proposed Project which reflected the City's independent judgment and analysis
of the potential environmental impacts of the Project; and
WHEREAS, the Planning Commission held a properly noticed public hearing on the Project,
including the Planned Development Rezone and a related Stage 1 and Stage 2 Development Plan on
August 26, 2014 at which time all interested parties had the opportunity to be heard; and
WHEREAS, a Staff Report, dated August 26, 2014 and incorporated herein by reference,
described and analyzed the Project, including the General Plan Amendments, Eastern Dublin Specific
Plan 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 (Commercial
Buildings only), Vesting Tentative Map, and certification of a Final Supplemental Environmental
Impact Report, for the Project; and
WHEREAS, on August 26, 2014, the Planning Commission adopted Resolution 14-47
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 August 26, 2014, the Planning Commission adopted Resolution 14-48
recommending that the City Council approve the proposed General Plan and Eastern Dublin Specific
Plan amendments, which resolution is incorporated herein by reference and available for review at
City Hall during normal business hours; and
WHEREAS, the Planning Commission did review the Final Supplemental Environmental
Impact Report, all said reports, recommendations and testimony herein above set forth and used its
independent judgment prior to making a recommendation on the Project.
NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and
made a part of this resolution.
BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby adopt a
Resolution recommending that the City Council adopt an Ordinance (Attached as Exhibit A) rezoning
27.5 acres at 5144 and 5344 Martinelli Drive to a Planned Development Zoning District and approve
the related Stage 1 and Stage 2 Development Plan for The Green Mixed Use Project, based on
findings in the attached Ordinance, including but not limited to, that the Planned Development zoning
and project as a whole is consistent and in conformance with the General Plan as proposed, is
consistent with the purpose and intent of the Planned Development zoning district, and that
development of the proposed project will be harmonious and compatible with existing and future
development in the surrounding area.
PASSED, APPROVED, AND ADOPTED this 26th day of August 2014 by the following vote:
AYES: Bhuthimethee, O'Keefe, Do
NOES: Goel, Kohli
ABSENT:
ABSTAIN:
Planning Commis ion Chair
ATTEST:
C A
Assistant'Co Irm unity Development Director
G:IPA 120131PLPA-2013-00013 The Green GPA-SPA-PDIPC 08.26.141Att xx-PC Reso PD Ord.doc
ORDINANCE NO. xx — 14
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
TO REZONE 27.5 ACRES AT 5144 AND 5344 MARTINELLI WAY TO A PLANNED
DEVELOPMENT ZONING DISTRICT AND APPROVING THE RELATED STAGE 1 AND 2
DEVELOPMENT PLAN FOR
THE GREEN MIXED USE PROJECT
PLPA-2013-00013
(APNs 986-0033-004-00, 986-0033-005-00, 986-0033-006-00)
WHEREAS, the Applicant, Stockbridge/BHV Emerald Place LLC, has submitted a
Planning Application to construct approximately 37,000 square feet of retail and restaurant
buildings with associated outdoor seating areas and six future residential neighborhoods with
372 units in multiple buildings on a 27.5 acre site. 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 (Commercial
Buildings only), Vesting Tentative Map, Development Agreement, and certification of a Final
Supplemental Environmental Impact Report, among other related actions. These planning and
implementing actions are collectively known as "The Green Mixed Use 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 (SEIR)
dated August 2014 for the proposed Project which reflected the City's independent judgment
and analysis of the potential environmental impacts of the Project; and
WHEREAS, on August 26, 2014, the Planning Commission adopted Resolution 14-xx
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 August 26, 2014, the Planning Commission adopted Resolution 14-xx
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 and incorporated herein by
reference, described and analyzed the Project, including the General Plan Amendments,
Eastern Dublin Specific Plan Amendments, Zoning Ordinance Amendments, Rezoning
EXHIBIT A TO
ATTACHMENT 3
properties to a new Planned Development Zoning District and approval of a related Stage 1 and
Stage 2 Development Plan, Site Development Review (Commercial Buildings only), Vesting
Tentative Map, and certification of a Final Supplemental Environmental Impact Report, for the
City Council; and
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 ,
at which time all interested parties had the opportunity to be heard; and
WHEREAS, on , the City Council adopted Resolution xx-14
certifying The Green Mixed Use Project 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 Green Mixed Use 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 Green Mixed Use Project under the PD-Planned Development
zoning will be harmonious and compatible with existing and future development in the
surrounding area in that the site will provide new retail, restaurant, and residential units 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 Green Mixed Use Project 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 conditions were documented in the Supplemental Environmental
Impact Report (SEIR) that has been prepared, and the environmental impacts that have
been identified will be mitigated to the greatest degree possible. There are no site
challenges 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
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constraints and thus the site is physically suitable for the type and intensity of the retail
commercial center approved through the PD zoning.
3. With the implementation of the Mitigation Measures identified in the SEIR, 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.
4. The PD-Planned Development zoning is consistent with and in conformance with the
Dublin General Plan, as amended, in that the proposed use as a future mixed use
commercial/residential project is consistent with the Mixed Use land use designation for
the site.
C. Pursuant to the California Environmental Quality Act, the City Council certified a Final
Supplemental EIR via Resolution xx-14 on , prior to approving the Project.
SECTION 2:
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:
Approximately 27.5 acres at 5144 and 5344 Martinelli Way. APNs 986-0033-004-00,
986-0033-005-00, 986-0033-006-00.
("the Property"). A map of the rezoning area is shown below:
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SECTION 3.
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 112 Development Plan shall be in accordance with
section 8.32.080 of the Dublin Municipal Code or its successors.
Stage 1 and 2 Development Plan for The Green Mixed Use Project
This is a Stage 112 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 and is adopted as part of the PD-Planned Development rezoning for The Green Mixed Use
Project, PLPA-2013-00013.
The PD-Planned Development Zoning 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. Zonina. The Zoning for the subject property is PD-Planned Development (PLPA-2013-
00013).
2. Statement of Permitted Uses for the Commercial Parcel Lot 61 of Tract 8203 —
Sheet TM2.01).
Permitted Uses (as defined by the Zoning Ordinance):
o General outdoor seating areas (plaza seating areas, benches, chairs, cafe 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
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 A1.0.1 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 Zonina Clearance/Minor Use Permit as
defined by the Zoning Ordinance):
• Community Facility
• Recreational Facility— Indoor
• Daycare Center
• Community Care Facility (Large)
• Nightclub
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Prohibited Uses..
o Drive through facilities
Statement of Permitted Uses for the Residential Parcels Lots 1-60 and Lots A-II of
Tract 8203 — Sheet TM2 01)
Permitted Uses (as defined by the Zoning Ordinance):
o Single-Family Residence
o Multi-Family Residence
o Family Day Care Home/Small (up to 8 children)
o Home Occupation
Permitted with a Conditional Use Permit and/or Zoning Clearance/Minor Use Permit as
defined by the Zoning Ordinance):
o Community Care Facility (Small)
o Community Clubhouse
o Community Facility
o Day Care Center
Prohibited Uses.
o Any use not specifically noted above and determined by the Community Development
Director to be incompatible with residential uses on the project site
3. Stage 1 and 2 Site Plan
The Stage 1/2 Development Plan is shown below and is also included as Sheet L1.0 in
the Project Plan Set, dated received August 11, 2014, on file at the Community
Development Department.
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4. Site area, proposed densities, and development regulations
FMaximum uilding Height.' 50 feet
Pursuant to an approved Master Sign Program
t size Per approved Vesting Tentative Map (Sheet TM2.01 of the
Project Plans
Maximum lot coverage Per approved Vesting Tentative Map (Sheet TM2.01 of the
Project Plans
Maximum Building Area 40,000 square feet of enclosed commercial building area on
the Commercial Parcel and up to 400 units on the Residential
Parcels.
Maximum F/oorArea .25 for the Commercial Parcel
Ratio/Density
19 units/net acre for the combined Residential Parcels
(maximum of 400 units over 21.7 net residential acres)
Parking Stall Dimensions Per Chapter 8.76 Off-Street Parking And Loading Regulations
Standards of the Dublin Zoning Ordinance
Minimum Setbacks Per the Civil Site Plan (Sheet C1.01 of the Project Plans)
Parking Spaces Required
Commercial Uses Use Type Parking Req'd
Eating and 1 space per 100 s.f. accessible to
Drinking Est. customers, plus
1 space per 300 s.f. not accessible to
customers
Outdoor Dining 1-12 seats: no parking required.
13 or more seats: 1 space per 3 seats.
Eating and 1 space per 200 s.f.
Drinking Est. —
Specialty
Retail 1 space per 300 s.f.
Residential Uses 2 garage spaces per unit, plus
0.8 guest spaces per unit (Excess parking on commercial
arcels ma be used to satisfy guest parking requirement)
5. Phasing Plan. In accordance with the Project Development Agreement.
6. Preliminary Landscape Plan. Sheets L.1 through L.14, inclusive, of the Project Plans
illustrate the conceptual landscape 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:
• Offer a modern interpretation of aq�rarian vernacular architecture that had a place in the
Tri-Valley in the early- to mid- 20t century. The design aesthetic of this community is
intended to be a welcomed counterpoint to other more traditionally suburban Dublin
communities.
• Utilize authentic and rich materials that are utilized and employed to express themselves
in their natural state, including emphasis on the use of metal and wood as the main
building forms. The use of stucco should be understated. Siding should be expressed in
hues that allow the texture and scale to read. Color should only be used as an accent and
not used to mask the quality of the materials proposed.
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• Highlight the natural richness in the material palette that in turn, allows the color palette
for the bodies of the buildings to be refined and sophisticated.
• Utilize accent colors purposefully on elements such as Art, Entries, Accent Panels,
Accent Trims, and Signage.
• Incorporate features such as different wall planes, heights, wall textures, roof elements,
storefront designs, awnings, canopies, trellises, 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 and Eastern Dublin Specific Plan (as
amended).
9. Inclusionary Zoning Regulations In accordance with the Project Development
Agreement.
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 or the Project Development
Agreement, the use, development, improvement and maintenance of the Commercial
Parcel of the project site shall be governed by the C-2 (General Commercial Zoning
District) provisions of the Dublin Zoning Ordinance pursuant to Section 8.32.060.C. The
use, development, improvement, and maintenance of the Residential Parcels of the
project site shall be governed by the R-M (Multi-Family Residential Zoning District)
provisions of the Zoning Ordinance. No development shall occur on either the
Commercial or Residential parcels on this property until a Site Development Review
permit has been approved.
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 Green Mixed Use Project
Supplemental EIR.
SECTION 4.
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.
This ordinance shall take effect and be enforced thirty (30) days from and after its passage.
PASSED AND ADOPTED BY the City Council of the City of Dublin, on this
day of 2014, by the following votes:
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AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
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