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HomeMy WebLinkAbout03-023 AmdrPlz TempVehLotCUP AGENDA STATEMENT PLANNING COMMISSION MEETING DATE: May 25, 2004 SUBJECT: PUBLIC HEARING- PA 03-023, George Hites/Dublin Crown Chevrolet Automobile/Vehicle Storage Lot (HHH Investment Co. Property), Conditional Use Permit for a Minor Amendment to a Planned Development District and Vehicle Storage Lot for a 5- Year Term at 6670 Amador Plaza Report prepared by: Pierce Macdonald, Associate Planner L)~-L~ ATTACHMENTS: o Resolution approving the Conditional Use Permit Applicant's Written Statement with attached letter of amendment Site and Parking Layout Plans City Council Ordinance and Resolution adopting Planned Development Zoning District PA 96-043, on January 7, 1997 RECOMMENDATION: 2. 3. 4. o Open public heating; Take testimony from the Applicant and the public; Close public heating and deliberate; Determine if: a. The alternate Condition 8 relative to fencing the vehicle storage lot should be added to the Conditions of Approval in the attached resolution; or b. The Condition 8 as included in the attached Resolution is appropriate for the site; and Adopt the attached Resolution approving the Conditional Use Permit for a Minor Amendment to Planned Development Zoning District PA 96-043 to establish an Automobile/Vehicle Storage Lot Facility for George Hites/Dublin Crown Chevrolet for a Period of Five (5) Years at 6670 Amador Plaza, PA 03-023, subject to conditions of Approval. PROJECT DESCRIPTION: The Applicant, George Hites, requests Planning Commission approval of an automobile/vehicle storage lot facility for approximately 125 cars in the existing parking lot of the office complex at 6670 Amador Plaza Road (see Attachment 2, Applicant's Written Statement with attached letter of amendment). The parking area is currently leased to Dublin Crown Chevrolet to store overstocked cars and trucks. Mr. Hites is operating the vehicle storage lot without City approvals and is complying with Code Enforcement requests to submit an application and obtain necessary permits for this project. The project site is G:\PA#'x2003\03-023 Vehicle Storage\PC Staff Report052504.doc COPIES TO: Applicant Property Owner Project File know as Enea Plaza. Crown Chevrolet is located at 7544 Dublin Boulevard, approximately 150 feet from the subject site. The property is occupied by an existing two-story, 20,604-square-foot building and a 163-space parking lot, constructed in 1988 (see Site Plan included in Attachment 3). A second building of equal size was demolished due to fire damage, leaving a bare cement pad on the site. Adjacent uses include office uses to the north, office uses to the east, Highway 580 to the south, and commercial uses to the west. The site is within the West Dublin BART Specific Plan area. Background: City Council adopted Resolution 2-97 establishing development regulations for Planned Development (PD) District PA 96-043 on January 7, 1997. The intent of the PD District was to promote office and commercial development that was compatible with the Downtown Specific Plan adopted in 1987 and compatible with existing development. The PD District consolidated and superseded earlier PD Districts 1464 Z.U., PA 87-018, and 87-178. The City Council Ordinance and Resolution adopting the Planned Development Zoning District PA 96-043 is included as Attachment 4. On January 20, 2004, the City Council approved an amendment to the regulations established by the Zoning Ordinance, Section 8.08.20, Definitions, pertaining to the definition of an automobile/vehicle storage yard. The definition had formerly required that all storage lots be located behind a 6-foot high wall or fence. As amended, a wall or fence is not required by definition for an automobile/vehicle storage yard unless the Planning Commission finds that this requirement is necessary. Most recently, the City Council approved Ordinance 16-04, which amended the Zoning Ordinance regulations for automobile/vehicle storage lots within the Retail Commercial (C-2) Zoning District and comparable Planned Development Districts, on April 20, 2004. These new regulations require vehicle storage lots to be consistent with specific performance standards related to duration, proximity to major roadways, and business operations. The proposed project is not within the C-2 District or a Planned Development District that references C-2 regulations. ANALYSIS: The proposed project requires a minor amendment to the allowed uses of the existing PD to add vehicle storage lots to the list of Conditional Uses. Pursuant to Section 8.32.080 of the Zoning Ordinance, the Planning Commission may approve minor amendments to an adopted Development Plan by means of a Conditional Use Pemfit upon finding that the amendment(s) substantially comply with and do not materially change the provisions or intent of the adopted Planned Development Zoning District Ordinance for the site. Additionally, the Conditional Use Permit would provide a five (5) year term for use of the site as a temporary automobile storage yard. Parking Lot Design: The parking lot with a current capacity of 163 spaces was designed and built to satisfy the parking requirements for both the existing and future buildings on the site (a total floor area of 41,200 square feet). As half of the approved floor area on the site still exists and the other half was demolished due to fire, there is an excess of approximately 80 parking spaces on the property. The Applicant requests Planning Commission approval to use the excess parking spaces and the remaining 80-foot by 164-foot cement pad (from the demolished portion of the building) as parking area for the automobile/vehicle storage lot. The location of the vehicle storage lot generally conforms to the intent of the PD District to promote office and commercial development compatible with existing development, as Dublin Crown Chevrolet's business is located in close proximity to the proposed vehicle storage lot, and the lot would support that retail use. Other automotive and storage uses that are allowed in the PD District subject to a Conditional Use Permit include new and used auto sales, service stations, and temporary storage of construction equipment. The cement pad is large enough to provide 45 additional parking spaces. Spaces for 34 vehicles are currently delineated on the pad. Staff recommends a draft Condition of Approval (Condition 8 in the Resolution included as Attachment 1), requiring the Applicant/Owner to re-stripe the pad for vehicle parking to ensure life safety and site circulation requirements meet City laws and regulations. After the required striping, the parking capacity may be reduced to 40 parking spaces. Duration o_f Use: The amendment to the Planned Development District allowing Automobile/Vehicle Storage Lots by means of a Conditional Use Permit would be a permanent change to the allowed uses in the PD District. However, the Applicant also requests a Conditional Use Permit to establish an automobile/vehicle storage lot for a limited period of five (5) years. The Applicant has stated that the vehicle storage lot is intended to be an interim use for five (5) years (see Attachment 2) until the planned West Dublin BART Station begins construction and the subject property may be redeveloped. Visual Impacts: The proposed automobile vehicle storage lot is approximately 180 feet from the southern end of Amador Plaza Road right-of-way and not visible to persons driving or walking within the right-of-way. The volume of vehicle and pedestrian traffic on Amador Plaza Road is currently light at this location. The volume of traffic is not projected to increase until the planned West Dublin BART station is constructed, which is expected to occur within the next two to five years. The location is not visible from other locations as the parking area is located behind existing buildings and adjacent to landscaping for Interstate 580. Fencing/Walls: The definition of an Automobile/Vehicle Storage Lot was recently revised to remove the requirement that the storage of operable vehicles be located behind a 6-foot high solid wall or fence. Although, walls and fences are not required by the Zoning Ordinance any longer, each situation may be reviewed for security purposes by the approving agency, and fencing or walls may be required on a site-specific basis. The Police Department has reviewed the project and suggested that the installation of fencing with gates be required for the lot to maintain security of the vehicles, as they are valuable. However, the fencing and gates may not be necessary as the property owner has not experienced security problems at the site and the lot is somewhat remote from major roadways or other development. The Staff requests that the Commission determine if this fencing should become a requirement of the Conditional Use Permit and, if so, the following condition should replace Condition 8 of the Conditions of Approval in the Resolution in Attachment 1: o Fencing and Gates. The parking area designated for the storage of vehicles shall be located within a fenced area on the site, with a new perimeter chain-link fence installed subject to issuance 3 of Building Permits, and be maintained in good condition throughout the duration of its use. The gated entrance to the installed fenced area shall be kept closed and locked at all times except during authorized drop-off or removal of vehicles. Any Fire Department accessways within the fenced area shall be equipped with gates with Knox boxes. Review bv CitF Departments: Various City Departments have reviewed the project and have requested conditions of project approval for the parking lot in order to maintain minimum health and safety standards. These conditions are contained in the Resolution in Attachment 1. No other governmental agencies commented on the project, as the site is developed and fully improved. Staff has reviewed the project and has determined that the required Conditional Use Permit findings in the draft Resolution (included as Attachment 1) can be made. Conformance with General Plan and West Dublin BART Specific Plan: The General Plan designation for the site is Retail/Office. The proposed vehicle storage lot is compatible with the General Plan designation because the property is located in an area of mixed office and commercial development, including automotive uses. The project conforms with intended land uses and impacts studied in the West Dublin BART Specific Plan because it is not expected to increase the density or intensity of land uses beyond those studied as it is interim use on a developed parcel. Noticing In accordance with State law, a public notice was mailed to all property owners and occupants within 300 feet of the proposed project, to advertise the project and the upcoming public hearing. A public notice was also published in the Valley Times and posted at several locations throughout the City. To date, the City has received no comments or objections from surrounding property owners or tenants regarding the current proposal. ENVIRONMENTAL REVIEW: This project has been found to be Categorically Exempt from CEQA under Section 15303 of the California Environmental Quality Act Guidelines. The project consists of minor modifications to an existing building or site, is consistent with all General Plan and Zoning regulations, and is currently served by all required utilities and public services. CONCLUSION: The parking area proposed for the automobile/vehicle storage lot meets the requirements of the Zoning Ordinance for an Automobile/Vehicle Storage Lot with proposed Conditions of Approval. The minor amendment substantially complies with and does not materially change the provisions or intent of the adopted Planned Development Zoning District Ordinance for the site as the use is for a five (5) year duration, compatible with the surrounding uses, consisting of businesses and services with adjacent parking lots and an automotive retail use nearby. The site is developed and suitable for use as a vehicle storage lot. Although the property owner has not experienced security problems, the Police Department suggests a requirement that fencing and gates be installed for the lot. Staff requests that the Planning Commission determine if this should be required or not, and if required, approve the Conditions of Approval with the alternative wording for Condition 8 as discussed in this report. Commission determine if this should be required or not, and if required, approve the Conditions of Approval with the alternative wording for Condition 8 as discussed in this report. RECOMMENDATION: Staff recommends that the Planning Commission: 2. 3. 4. o Open public hearing; Take testimony from the Applicant and the public; Close public hearing and deliberate; Determine if: a. The alternate Condition 8 relative to fencing the vehicle storage lot should be added to the Conditions of Approval in the attached resolution; or b. The Condition 8 as included in the attached Resolution is appropriate for the site; and Adopt the attached Resolution approving the Conditional Use Permit for a Minor Amendment to Planned Development Zoning District PA 96-043 to establish an Automobile/Vehicle Storage Lot Facility for Georges Hites/Dublin Crown Chevrolet for a period of five (5) years at 6670 Amador Plaza, PA 03-023, subject to Conditions of Approval. GENERAL INFORMATION: Property Owner: HHH Investment Company 5601 Arnold Drive, Suite 101 Dublin, CA 94568 Attn: George Hites Applicant: George Hites HHH Investment Company 5601 Arnold Drive, Suite 101 Dublin, CA 94568 Location: Assessor Parcel No.: Existing Zoning: General Plan Designation: Specific Plan Designation: 6670 Amador Plaza Road APN 941-1500-053 Planned Development (PD), PA 96-043 Retail/Office West Dublin BART Specific Plan RESOLUTION NO. 04 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING GEORGE HITES/DUBLIN CROWN CHEVROLET CONDITIONAL USE PERMIT TO AMEND PLANNED DEVELOPMENT DISTRICT FOR PA 96-043 TO ALLOW AUTOMOBILE/VEHICLE STORAGE LOTS AND TO ESTABLISH AN AUTOMOBILE/VEHICLE STORAGE LOT FOR A PERIOD OF FIVE (5) YEARS AT 6670 AMADOR PLAZA ROAD, PA 03-023 WHEREAS, the Applicant/Property Owner, George Hites, proposes a minor amendment to Planned Development (PD) District PA 96-043 by means of a Conditional Use Permit pursuant to Section 8.32.080 of the Zoning Ordinance to allow automobile/vehicle storage lots subject to a Conditional Use Permit and to establish an automobile storage lot for a five (5) year period for use by the Dublin Crown Chevrolet dealership within a private parking lot located at 6670 Amador Plaza Road (APN 941-1500-053); and WHEREAS, the intent of the PD District is to promote office and commercial development compatible with existing development, and other automotive and storage uses in the vicinity, or allowed in the PD District subject to a Conditional Use Permit, include new and used auto sales, service stations, and temporary storage of construction equipment; 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 impact and that environmental documents be prepared; and WHEREAS, the project has been found to be Categorically Exempt from the California Environmental Quality Act (CEQA), according to the CEQA Guidelines, Section 15303, as the project is located on a previously developed, fully improved and paved property where no further improvements or construction is necessary for the use; and WHEREAS, the Planning Commission held a properly noticed public hearing on said application on May 25, 2004; and WHEREAS, the Staff report was submitted recommending that the Planning Commission application be conditionally approved for a period of five (5) years; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to make a decision; and WHEREAS, the Planning Commission has found that the proposed project is appropriate for the subject site. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby make the following findings and determinations regarding said proposed Conditional Use Pemfit: The proposed minor amendment substantially complies with and does not materially change the provisions or intent of the adopted Planned Development Zoning District ATTACHMENT 1 Ordinance for the site because the proposed use is compatible with the existing automobile sales and service use in the vicinity and the Planned Development (PD) Zoning District for the site allows similar type automotive uses. The proposed use of the property as a temporary automobile storage lot serves the public need by providing a location for storage of new vehicles owned by auto dealerships during expansion of existing facilities or excessive inventory, thereby providing the community and regional area with a greater opportunity to purchase automotive vehicles in a convenient location. Co The proposed use of the property as a temporary automobile storage lot will not adversely affect the health or safety of persons working in the vicinity, and will not be detrimental to the public health, safety, and welfare because of the proximity of its location to other commercial and automotive uses and related activities. Additionally, the Conditions of Approval will ensure ongoing compatibility with other surrounding land uses that are commercial or office in nature and meet the intent of the Zoning Ordinance related to automobile storage lots. The proposed use of the property as a temporary automobile storage lot, under all circumstances and conditions of this permit, will not be injurious to property uses or improvements in the neighborhood as there are no adverse impacts associated with the automobile/vehicle storage lot at this locatiom. Other commercial service facilities and automobile related uses in the immediate vicinity complement the proposed project. There are adequate existing provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use of the property as a temporary automobile storage lot and related improvements would not be detrimental to the public health, safety and welfare as the proposed site is fully improved for commercial development. No alteration or extension of such services would be necessary for the operation of the use. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed. The Enea Plaza area is one of the more appropriate commercial/office districts in the City for automobile storage uses that are compatible with the surrounding automotive uses. The site meets the performance standards for automobile vehicle storage lots established by Ordinance 16-04 adopted by City Council on April 20, 2004. Additionally, the storage of vehicles will occur in an established parking area between existing buildings, will be limited in visibility from the public right-of-way, and be limited to a five (5) year period of use. Go The proposed use of the property as a temporary automobile storage lot is consistent with the Dublin General Plan in terms of land use and development standards as the land use designation for the site is Retail/Office. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve PA 03-023, a Conditional Use Permit to amend the Planned Development District PD 96-043 to allow the establishment of an automobile/vehicle storage lot subject to the Conditions of Approval of the Conditional Use Permit, and to allow the operation of an automobile/vehicle storage lot for a five (5) year period within an existing parking lot as generally depicted by the site plan, labeled Attachment 3, stamped approved on May 25, 2004 by the Planning Commission, and on file with the Dublin Community Development Department, Planning Division, subject to compliance with the following conditions: CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use, and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [PL] Planning, [B] Building, [PO] Police, [PW] Public Works [ADM] Administration/City Attorney, [FIN] Finance, [F] Alameda County Fire Department, [DSRSD] Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health. CONDITION TEXT RESPON, WHEN SOURCE AGENCY ~Q'D prior to: GENERAL CONDITIONS 1. Approval. PA 03-023 Hites' Amador Plaza Road PL Ongoing Standard Automobile/Vehicle Storage Lot Conditional Use Permit approval is for the operation of a vehicle storage lot for a five (5) year term to serve Dublin Crown Chevrolet and other similar businesses within an existing parking lot located at 6670 Amador Plaza Road. This approval shall conform to the project plans stamped approved on May 25, 2004, consisting of a site and parking plan dated received by the Planning Department on May 27, 2003. 2. New Signage. Any new signage shall be subject to the PL Ongoing Standard provisions of the Sign Regulations, Chapter 8.84 of the Zoning Ordinance. 3. Parking Area. The parking area shall be used in the manner PL Ongoing Standard represented in application plans, written and verbal statements and other documents, and as stipulated in this Conditional Use Permit. 4. Enforcement Action. The Applicant/Property Owner shall PL Ongoing Standard operate all uses in compliance with the Conditions of Approval of this Conditional Use Permit and the regulations established in the Zoning Ordinance. Any violation of the terms or conditions specified may be subject to enforcement action and possible revocation pursuant to Chapter 8.96 of the Dublin Zoning Ordinance. CONDITION TEXT RESPON, WHEN SOURCE AGENCY ~Q'D Prior to: 5. Revocation. This Conditional Use Permit shall be PL Ongoing Standard revocable for cause, upon the determination by the Community Development Director that the conditions of approval are not being met, or if the above related findings of approval cannot be met pursuant to Chapter 8.96 of the Dublin Zoning Ordinance. Failure to comply with the conditions of approval will cause the permit to become null and void. 6. Code Compliance. The project shall be in compliance with PL, B, F, Ongoing Standard all appropriate local, state and federal laws and regulations PO and shall be in compliance with all conditions listed within the Municipal Code, Non-Residential Building Security Requirements, and adopted standard conditions for non- residential building security. The applicant shall also comply with all applicable regulations, requirements and ordinances of the City of Dublin Planning and Building Department, Alameda County Fire Authority, and the Dublin Police Department. SITE MAINTENANCE 7. Site Maintenance. The applicant shall be responsible for PL, B Ongoing Standard maintaining the site in a clean and litter-free condition at all times. 8. . Paved Parking Area Maintenance. The parking area PL Prior to designated for the storage of vehicles shall be located within issuance of Business the paved parking lot area on the site and be maintained in License good condition throughout the duration of its use. Any fencing installed by Applicant/Property Owner shall be subject to the approval and issuance of Building Permits. 9. Cement Pad. The cement pad shall be re-striped. The PL, PO, F Ongoing Standard striping plan shall be submitted to the City of Dublin Planning Division for review and approval prior to re- striping. 10. Vehicle Storage Activities in Parking Lot Area Only. All PL, PW Ongoing Standard activities associated with the vehicle storage lot shall be conducted entirely within the parking lot area designated for automobile vehicle storage parking on the project site plan. No repairs, detailing, sales or servicing of vehicles shall be conducted in the parking lot. No vehicles shall be parked or stored in any parking stall designated for persons with disabilities. Storage lot shall be limited to 125 vehicles. 4 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D prior to: LIGHTING & SECURITY 11. Lighting and Security Requirements. Lighting within the PO Ongoing Standard vehicle storage lot must meet the current requirements specified in the City of Dublin Non-Residential Security Ordinance, and be to the satisfaction of the Police Department. LICENSES & PERMITS 12. Other Licenses and Permits. The applicant shall obtain all PL, PO Ongoing Standard necessary licenses and permits through the Department of Motor Vehicles and the State Board of Equalization prior to the establishment of the use. Said licenses and permits shall be displayed at all times during the operation of business. EMERGENCY RESPONSE 13. Deliveries. Any vehicle carrier drop-offs will be done on- PO Ongoing Standard site and not in the street or public right-of-way. 14. Emergency Response Card. Each dealership storing cars PO Ongoing Dublin and other vehicles at the site will complete and submit to Municipal Dublin Police an Emergency Response Card that reflects the Code information on the storage site location and the emergency contact information for that dealership's personnel. 15. Fire Lane. Applicant/Developer shall provide red curbs in F Prior to Dublin locations approved by the City of Dublin Fire Department issuance of Municipal Business Code labeled "NO PARKING FIRE LANE - CVC 22500.1" License 16. Easements. No vehicles shall be parked, stored, or secured PW On-going Dublin Municipal in a manner that would obstruct the existing Emergency Code Vehicle Access Easement, Access Route Easement, or Joint Access Easement shown on the submitted site plan by Kier & Wright. PASSED APPROVED AND ADOPTED this 25th day of May 2004. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Planning Commission Chairperson 5 Planning Manager G :PA\2003\pa03023\pc-reso&coa HHtt Investment Company 5601 Arnold Dr., Suite 101 Dublin, CA May 17, 2003 Re: Written Statement To Whom It May Concern: mo B. C. D. E. F. Parking for new cars that are overflow from the Auto Dealers None No operation, just the parking of cars Yes, assistance for the car dealers in the area Dealer will be able to park their cars in one location instead of parking in multiple areas around town No, due to the fact that this parking area has been designated for a building that has not been built yet No No No I hope this answers all you questions. If you need any further information please call me at the following number, 925-487-7047. ATTACHMENT RECEIVEB (~AY 2 '? Z003 ~)UBLIN PLANNING Sent By: Streaml±ne PropePt±es; 9255517041j May-19-04 11:11AM; Page 1/1 PROPERTY M^NAGEMEN r May 19, 2004 CrrY OF DUBLIN Arm: Pierce MacDonald 100 Civic Plaza Dublin, CA 94568 RE: Via Fax: (925) 833-6628 and First Class Mail VEHICLE STORAGE LO~S 6670 AMADOR PLAZA ROAD & 5601 ARNOLD ROAD, DUBLIN, CALIFOI~NIA Dear Ms. MacDonald: Th!~storoge Io~"v~ill be used to store new, overstocked vehicles as part of Dublin Crown Chevrolet's regular inventory. This would serve as a temporary lot not to exceed five (5) years. Thank you. Sincerely, Kristin Kennard /567 Amod~, ¥~lley Boulevard, Suite 109 · Dubl~rl, CA 94568 · Phone (925} 591-7040 RECEIVED DUBLIN PLANNING Fax (925) 05/19/2004 WED 12'00 [TX/RX NO 6630] ~001 ? ORDINANCE NO. t - 97 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING THE ZONING ORDINANCE TO PERMIT THE REZONING .OF PROPERTY LOCATED AT THE SOUTHEAST CORNER A1VIADOR PLAZA ROAD AND DUBLIN BOULEVARD IN THE DOWNTOWN SPECIFIC PLANNING AREA (APNs: 941-1500-38-1, 48, 42-1, 49-2, 49-3, 51-2, 52, and 53.) 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 19.9 acres generally located at the s6utheast corner of Amador Plaza Road and Dublin Boulevard in the Downtown Specific PIanning area, more specifically described as Assessor's Parcel Numbers 941-1500-38-1, 48, 42-1, 49-2, 49-3, 51-2, 52, and 53 are hereby rezoned from a Planned Development to a Planned Development Commercial/Office as shown and described on the application for a Planned Development Rezone and on Exhibit 3 (Resolution No.2-97 Approving and Establishing Findings, General Provisions and Conditions of Approval), exhibit to the StaffReport dated December 17, 1996, to the City Council, on file with the City of Dublin Department of Community Development, and hereby adopted as the regulations for the future use, improvement, and maintenance of the property within this District. A map of the rezoning area is outlined below: ATTACHMENT Section 2 This ordinance shall take effect and be enforced thirty (30) days from and after its passage. Before the expiration of fitteen (15)days after its passage, it shall be published once, with the names of the Councilmembers voting for and against same, in a local newspaper published in Alameda County and available in the City of Dublin. PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 7th day of January, 1997, by the following votes: AYES: Councilmembers Barnes, Burton, Howard, Lockhart and Mayor Houston NOES: None ABSENT: None ABSTAIN: None ATTEST: ~ e,~ -Mayor G:~PA96-043\ORD K2/1 - 7- 97/ord-enea. doc RESOLUTION NO. 2 - 97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AND ESTABLISHING FINDINGS, GENERAL PROVISIONS, AND DEVELOPMENT STANDARDS FOR A REVISED, CONSOLIDATED PLANNED DEVELOPMENT REZONING FOR PA 96-043 ENEA PLAZA WHEREAS, Enea Plaza has requested approval of a Planned Development Rezoning for a retail commercial development consisting of 19.9~ acres; and WHEREAS, the Planned Development Rezone shall supersede the three exi~ing Planned Developments (1464 Zoning Un/t; PA 87-018; and PA 87-178); and WHEREAS, the Applicant has submitted a Land Use and Devdopment Plan as required by Section 8.31-13 of the Zoning Ordinance which meets the requirements of said section; and WHEREAS, the Planned Development Standards are attached as Exhibit A and incorporated herein by reference; and WHEREAS, the application has been reviewed'in accordance with the California Environmental Quality Act and a Negative Declaration has been prepared; and WHEREAS, the Planning Commission did hold a public hearing on said application on November 26, 1996, and did adopt a Resolution recommending that the City Council approve and establish findings, general provisions and development standards for a Planned Development Rezoning for PA 96-043; and WHEREAS, proper notice of said public heating ~vas given in all respects as required by law; and WHEREAS, the Staff Report was submitted recommending that the City Council approve the Planned DeveIopment; and WHEREAS, the City Council did hear and use their independent judgment and considered all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby make the following findings and determinations regarding said proposed Planned Development Rezone: 1. The Planned Development Rezone, as conditioned, is consistent with the general provisions, intent, and purpose of the PD District Overlay Zone of the Zoning Ordinance. The Planned Development Rezone will be appropriate for the subject property in terms of providing General Provisions which set forth the purpose, applicable provisions of the Dublin Zoning Ordinance, range of permitted and conditionally permitted uses, and Development Standards; which will be compatible with existing commercial uses in the immediate vicinity, and will enhance development of this area; and 2. The Planned Development Rezone is consistent with the general provisions, intent and purpose of the Dovmtown Specific Plan. The Rezone implements the intent and development standards identified in that document and will thereby serve to implement the provisions of the Downtown Specific Plan in this area; and 3. The Planned Development Rezone is consistent with the intent of the General Plan which designates this area as Retail/Office in that the Planned Development Rezone contains uses that correspond with the intent of this Land Use Designation and because the project would create development within the densities allowed by this Designation; and 4. The Planned Development Rezoning will not have a substantial adverse affect on health or safety or be substantially detrimental to the public welfare or be injurious to property or public improvement as all applicable regulations will be met; and 5. The Planned Development Rezoning will not overburden public services as all agencies have commented that public services are available; and 6. The Planned Development Rezoning will create an attractive, efficient and safe environment through the implementation of the Standards identified in the Rezone document; and 7. The Planned Development Rezoning will benefit the public necessity, convenience and general welfare and is in conformance with Sections 8-31.0 to 8-31.19 of the Dublin Zoning Ordinance; and 8. The Planned Development Rezoning will be compatible with and enhance the general development of the area because it will be developed pursuant to the Standards and site development review; and 9. The Planned Development Rezoning will provide an environment that will encourage the efficient use of common areas to create an innovative type of commercial development. BE IT FURTItER RESOLVED THAT except as specifically included in Exhibit A, attached and made a part of this Resolution, development and operation of land use activities within this planned development, shall be subject to the City of Dublin Zoning Code in effect at the time the development and land use activities are considered. Changes or revisions to this document, including Exhibit A shall be subject to those requirements contained within the most current Zoning Code. BE IT FURTltER RESOLVED TItAT ~ Dublin City Clerk does hereby approve PA 96-043, Enea Plaza Planned Development, subject to the General Provisions and Development Standards which constitute regulations for the use and improvement of the 19.9~: acres APNs 941-1500-38-1, 48, 42-1, 49-2, 49-3, 51-2, 52, and 53 asincluded on Exhibit A attached hereto. PASSED, APPROVED AND ADOPTED this 7th day of January, 1997. AYES: Councilmembers Barnes, Burton, Howard, Lockhart and Mayor Houston NOES: None ABSENT: None ABSTAIN: None ATTEST: ~__ G: [PA960431ccrcso I(2/1- 7- 9 7/resoene2. doc EXHIBIT A ~, ENEA PLAZA PLANNED DEVELOPMENT (General Provisions and Development Standards) Permitted Uses A. Retail Commercial Shopper goods uses such as: 1. General merchandise stores 2. Clothing stores 3. Shoe stores 4. Home furnishing stores 5. Home appliance/Music stores 6. Hobby/Special interest stores 7. Gifts/Specialty stores 8. JewelrY and cosmetic stores 9. Home improvement centers '10. Drugstores 11. Auto parts sales and related vehicle servicing so long as such overhead garage door openings (service bays) are orien[ed toward the least visible elevation of the building and shall not be visible from Amador Plaza Road or Dublin Boulevard. The bays shall also be adequately shielded from public view by the use of trellises and landscaping 12. Health food store 13. Supermarket 14. Meat, fish or poultry stores 15. Liquor and wine stores 16. Consumer electronics/Computer stores Similar uses that offer comparison goods based on price and quality. B. Eating and ddnking uses including, but not limited to the following: 1. Restaurant with outdoor dining 2. Cocktail lounge 3. Donut shop 4. Ice cream pador 5. Sandwich shop with outdoor dining 6. Delicatessen with outdoor dining 7. Specialty food 8. Bakery 9. Candy and nuts 10. Health food 11. Wine and cheese with on-sale liquor license from the State of California Ii. Personal service uses including but not limited to the following: 1. Beauty salon 2. Barber shop 3. Shoe repair 4. Dry cleaner (delivery and pick-up only) 5. Coin operated laundry 6. Health club 7. Photography shop (including film processing) 8. Formal wear rental 9. Intedor decorating 10. Travel agent 11. Key shop 12. Dressmaking or knitting shop 13. Tailor shop 14. Handcraft shop 15. Blueprinting or other copying services 16. Other administrative and professional office uses D. Office uses including but not limited to the following: 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Optometrist Medical and dental · Legal. Accountir~g " Architect' · Engineering Employment agency' Real estate Educational seminars Counseling Medical and dental laboratory Mortgage financing Conditional Uses: A. Subject to approval of the Planning Commission and issuance of a Conditional Use Permit: ,. o 5. 6. 7. 8. Community, religious and charitable institution facilities and uses Public recreation facilities and uses Recycling center, when operated in conjunction with a Pe.r, mitted use on the same premises Movie theater -. New and used'vehicle sales and service " Senior care/skilled nursing facility Service station Residential uses 111. VI. VII. 9. Research or development laboratory, except those engaged in manufacture of products for commercial sale or distribution and,, excluding any which produces or is found likely to produce any sm0ke~ dust, odors, glare or vibrations observable outside the building or portion thereof in such use. 10. Temporary Storage of construction equipment 11. Drive-in and drive-through restaurants 12. Motel/Hotel Prohibited Uses: 1. Off sale liquor store 2. Adult book stores 3. All industrial uses 4. Convenience food store 5. Mortuary 6. Massage parlor 7. Animal hospital, kennel 8. Pawn Shops; 9. Tattoo Parlors; 10. Check Cashing Services. Site Development Review: Any structure 1,000 square feet or more or any construction aggregating a 1,000 or more shall be subject to Site Development Review process unless zoning approval is granted upon the determination that the construction constitutes a minor project and that the building permit plans are in accord with the intent and objectives of the Site Development Review procedure. Yards: For retail uses no yards shall be required. For office uses, depth of front yard - not less than twenty (20) feet; depth of rear :yard - 0; and depth 0f side yard - not less than ten (10) feet. Height of Buildings: No building or structure shall have a height in excess of forty-five (45) feet. Master Sign Program: All signage with the PD zoning shall conform to the'Master Sign Program. IX. Landscaping: All new construction shall maintain a landscape te building ratio of fifteen percent,, (15%). All landscaping materials shall be consistent with the existing developments. Other Development Standards: All buildings constructed in the PD zone shall not exceed a thirty percent (30%) floor to area ratio. All retail uses shall maintain a parking ratio five (5) spaces per thousand (1,000) square feet of net rentable retail space. All office uses shall maintain a parking ratio four (4) per thousand spaces per 1,000 square feet of net rentable office space. DUBLIN BLVD. I~IT-OF-WAY Av~i~b~ B4.11d~g -4 ~ m < ~. m m Z