HomeMy WebLinkAboutOrd 13-18 Amending the Zoning Map and Approving Stage 1 and Stage 2 for IKEA ORDINANCE NO. 13 — 18
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AMENDING THE ZONING MAP AND APPROVING A PLANNED DEVELOPMENT ZONING
DISTRICT WITH A RELATED STAGE 1 AND STAGE 2 DEVELOPMENT PLAN FOR
THE IKEA RETAIL CENTER PROJECT PLPA 2016-00016
(APNs 986-0033-004-00, 986-0033-005-02, 986-0033-006-00)
The Dublin City Council does ordain as follows:
SECTION 1. RECITALS
A. The Applicant, IKEA Property, Inc., submitted an application to construct the IKEA Retail
Center project, which consists of up to 410,000 square feet of commercial uses on the 27.45-acre
parcel. Requested land use approvals include a Planned Development Rezone with a Stage 1 and
Stage 2 Development Plan, a Site Development Review Permit, Tentative Parcel Map 10792 and a
Supplemental Environmental Impact Report. These planning and implementing actions are
collectively known as the "IKEA Retail Center Project" or the "Project"; and
B. The Project site is approximately 27.45 acres located south of Martinelli Drive between
Hacienda Road and Arnold Road (APNs 986-0033-004-00, 986-0033-005-02, 986-0033-006-00); and
C. The project is located in the General Plan Eastern Extended Planning Area and the Eastern
Dublin Specific Plan area, for which the City Council certified a Program Environmental Impact Report
by Resolution 51-93 ("Eastern Dublin EIR" or "EDEIR", SCH 91103064) on May 10, 1993, which
resolution is incorporated herein by reference. The Eastern Dublin EIR identified significant impacts
from development of the Eastern Dublin area, some of which could not be mitigated to less than
significant. Upon approval of the Eastern Dublin General Plan Amendment and Specific Plan, the
City Council adopted mitigations, a mitigation monitoring program and a Statement of Overriding
Considerations (Resolution 53-93, incorporated herein by reference); and
D. The City prepared an Initial Study for the IKEA Retail Center project consistent with CEQA
Guidelines 15162 and 15163 and determined that a supplement to the Eastern Dublin EIR was
required and based on the Initial Study and responses to the Notice of Preparation, the City prepared
a Draft Supplemental EIR dated January 31, 2018 (SCH No. 2017082047); and
E. The Draft Supplemental EIR identified potentially significant environmental effects anticipated
as a result of the project such as, air quality and greenhouse gas emissions, biological resources,
hazards/hazardous materials, noise, and transportation, most of which can be substantially reduced
through mitigation measures; and
F. Following a public hearing on September 25, 2018, the Planning Commission adopted
Resolution 18-22, recommending denial of the Planned Development Rezone and related Stage 1
and 2 Development Plan, which resolution is incorporated herein by reference and available for
review at City Hall during normal business hours; and
G. On October 16, 2018, the City Council held a properly noticed public hearing on the project,
including the proposed Planned Development Rezone and related Stage 1 and 2 Development Plan,
Ord No. 13-18, Adopted 11/20/18, Item 4.15 Page 1 of 12
at which time all interested parties had the .opportunity to be heard; and continued the item to
November 8, 2018; and
H. Staff Reports dated October 16, 2018 and November 8, 2018, and incorporated herein by
reference, described and analyzed the Project, including the Planned Development Rezone and
related Stage 1 and 2 Development Plan, for the City Council; and
The City Council considered the Supplemental Environmental Impact Report and related prior
CEQA documents and all above referenced reports, recommendations, and testimony prior to taking
action on the project; and
J. On November 8, 2018, the City Council adopted Resolution 116-18 certifying the
Supplemental Environmental Impact Report and adopting mitigation findings, findings regarding
alternatives, a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting
Program for the IKEA Retail Center project.
SECTION 2: FINDINGS
A. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as follows.
1. The IKEA 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 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 development in an area that has retail uses on the north and east, a
highly travelled freeway on the south, and future campus office development on the west.
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 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 adjacent development, which as noted above includes a freeway, retail, and
future campus office in the immediate surroundings with high density residential development
nearby, and provides excellent ingress and egress to and from Interstate 580. The proposed
site plan has taken into account a land use type and density that is compatible with the
adjacent areas and densities.
2. The project site is physically suitable for the type and intensity of the zoning district being
proposed in that the project site is flat with improved public streets on three sides and served
by existing public utilities. The project site conditions are documented in the Supplemental
Environmental Impact Report (EIR) and prior certified EIR for the EDSP, and the project will
implement all adopted mitigation measures, as applicable. There are no site conditions that
were identified in the Supplemental Environmental Impact Report that will present an
impediment to development of the site for the proposed commercial development.
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
Ord No. 13-18, Adopted 11/20/18, Item 4.15 Page 2 of 12
that the project will comply with all applicable development regulations and standards and will
implement all adopted mitigation measures, as applicable. 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 and the Eastern Dublin Specific Plan, in that the proposed use as a retail project
is consistent with the General Commercial land use designation for the site.
Pursuant to the California Environmental Quality Act, the City Council finds as follows:
1. Pursuant to the California Environmental Quality Act, the City Council adopted a
Supplemental Environmental Impact Report and Mitigation Monitoring and Reporting
Program via Resolution 116-18 on November 8, 2018, prior to approving the project.
SECTION 3: 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 and
supersedes and replaces the previously adopted zoning (Resolution 34-08):
27.45 gross acres located south of Martinelli Way between Arnold Road and Hacienda Drive.
(Assessor Parcel Numbers 986-0033-004, 986-0033-005-02, 986-0033-006) ("the Property").
A map of the rezoning area is shown below:
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.... . A as SECTION 4. APPROVAL OF STAGE 1 & STAGE 2 DEVELOPMENT PLAN
The regulations for the use, development, improvement, and maintenance of the Property are set
forth in the following Stage 1 and Stage 2 Development Plan for the entire 27.45-acre project area,
which is hereby approved. Any amendments to the Stage 1/Stage 2 Development Plan shall be in
accordance with section 8.32.080 of the Dublin Municipal Code or its successors.
The following Stage 1 and Stage 2 Development Plans meet all the requirements for Stage 1 and
Stage 2 Development Plans as set forth in Chapter 8.32 of the Dublin Zoning Ordinance.
Ord No. 13-18, Adopted 11/20/18, Item 4.15 Page 3 of 12
Stage 1 & Stage 2 Development Plan
1. Statement of Uses.
Use types listed below are as defined in Dublin Municipal Code section 8.08.020, unless otherwise
noted. The site is divided into two parcels. "Commercial Area 1" is the western parcel of the project
site (IKEA) and "Commercial Area 2" is the eastern parcel of the project site (Retail Center).
Commercial Area 1
Permitted Uses:
• Retail-General
• Retail-Service
• Warehouse and Distribution, accessory only
• Eating and Drinking Establishment
• Eating and Drinking Establishment-Specialty
• Eating and Drinking Establishment-Take Out
• Mobile Retail Cart.'
• Office-Professional/Administrative, accessory only
• Retail Kiosk2
• Shopping Center
• Daycare Center, accessory only
• Similar and related uses as determined by the Community Development Director
Conditional Uses:
• Retail-Outdoor Storage3
• Similar and related uses as determined by the Community Development Director
Commercial Area 2
Permitted Uses
• Comedy Club
• Banks and Financial Services
• Eating and Drinking Establishment-Specialty
• Eating and Drinking Establishment-Take Out
• Eating and Drinking Establishment
• Health Club/Fitness Center4
• Health Services/Clinics
• Massage Establishment
• Mobile Food Trucks
• Mobile Retail Cart.'
• Outdoor Seating. This also includes undesignated outdoor seating located in common
areas usable for both information seating and dining and not dedicated to a specific
tenant.
• Personal Services
• Recreational Facility/Indoor4
• Repair Shop
• Retail-General
Ord No. 13-18, Adopted 11/20/18, Rem 4.15 Page 4 of 12
• Retail-Neighborhood
• Retail Kiosks
• School-Commercial
• Shopping Center
• Theater
• Tobacco Retailers4
• Similar and related uses as determined by the Community Development Director
Conditional Uses
• Arcade
• Animal Sales and Services
• Community Facility
• Hotel/Motel
• Retail-Outdoor Storage3
• Similar and related uses as determined by the Community Development Director
Temporary Uses:
• Arts and Crafts Fair
• Christmas Tree Sales Lot
• Construction-Related Temporary Uses
• Farmer's Market
• Office Trailer-Commercial
• Outdoor Sales by Established Dublin Business
• Pumpkin Sales Lot
• Temporary Outdoor Sale (Sidewalk Sale)
• Similar and related uses as determined by the Community Development Director
Notes: 1 Mobile Retail Cart. This includes small outdoor retail carts for the sale of any type of
merchandise not constructed on a permanent foundation. The location is limited to
the plaza areas. Maximum of 5 carts total for Commercial Area 1 and Commercial
Area 2 combined.
2 Retail Kiosk. This is a fixed structure constructed on a permanent foundation for the
sale of any type of merchandise, including food and beverages. The location is
limited to the plaza areas. Maximum of 5 kiosks total for Commercial Area 1 and
Commercial Area 2 combined. Approval subject to a Site Development Review
Waiver.
3 The decision-maker for the conditional use permit is the Zoning Administrator
4 Permitted with a Zoning Clearance
5 A Mobile Food Truck shall comply with all the following:
a. A Site Development Review Waiver approving the location of a food truck is
required. Applications for multiple food trucks may be combined into one Site
Development Review Waiver application. The application shall include a site
plan demonstrating compliance with the following:
1. The location of a mobile food vendor is limited to the parking area and
shall not be located within a pedestrian plaza or public right-of-way.
2. The area used for all mobile food truck operations, including but not
limited to customer queuing, trash, and dining, shall not impede the traffic
visibility area at any driveway or intersection, emergency access,
Ord No. 13-18, Adopted 11/20/18, Item 4.15 Page 5 of 12
pedestrian and vehicular ingress or egress through the remainder of the
parking, or the adjacent public right of way.
3. The area used for all mobile food truck operations, including but not
limited to customer queuing, trash, and dining, shall not occupy more than
25 percent of the parking area.
4. If more than one mobile food vendor is on the site at one time, they shall
be located within the same vicinity, not more than 25 feet apart.
b. In addition to the Site Development Review Waiver, the following operational
standards apply:
1. Hours of Operation are limited to 7:00 a.m. to 10:00 p.m. daily.
2. The food truck must be stationary for a minimum of two (2) hours. No
trolling allowed.
3. Provision of at least one trash receptacle, one recycling receptacle and
one compost receptacle for use by patrons and in a convenient location
that does not impede pedestrian or vehicular traffic.
4. Collection and removal of all litter and debris generated within a minimum
25-foot radius of the food truck.
5. No signs other than those exhibited on or in the mobile food truck.
6. Adequate lighting must be provided to ensure customer safety and shall
be directed downwards and away from public streets and adjacent
properties.
7. Maintenance of a valid business license from the City of Dublin.
8. Maintenance of a valid health permit from the Alameda County
Department of Environmental Health.
2. Phasing Plan.
The project site will be graded, improved, and constructed as a whole. The construction and
occupation of the individual buildings shall occur concurrently but may be separated into different
building permit submittals.
3. General Plan and Eastern Dublin Specific Plan Consistency. The project is consistent with the
General Plan and Eastern Dublin Specific Plan land use designation of General Commercial,
which permits a floor area ratio of 0.20 to 0.60. The FAR is .37 based upon the combined square
footages for entire project site.
4. Inclusionary Zoning Regulations. The project is not subject to the Inclusionary Zoning
Regulations (Chapter 8.68) for the provision of affordable housing because the regulations apply
only to residential development projects of 20 units or more.
5. Aerial Photo.
Ord No. 13-18, Adopted 11/20/18, Item 4.15 Page 6 of 12
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6. Site Plan.
As shown in the Site Plan below, "Commercial Area 1" is the western parcel of the project site
(IKEA) and "Commercial Area 2" is the eastern parcel of the project site (Retail Center).
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7. Development Regulations. •
The following development regulations apply to the project:
Regulation Commercial Area 1 Commercial Area 2
Minimum Lot Area 8 acres 25,000 square feet
Minimum Lot Width 250 feet
Ord No. 13-18, Adopted 11/20/18, Item 4.15 Page 7 of 12
Regulation Commercial Area 1 Commercial Area 2
Minimum Lot Depth 400 feet
Maximum Building Height 65 feet 35 feet
20' at 1-580, Arnold Road and Hacienda Drive
Minimum Setbacks 0' at Martinelli Way
0' at property line along main entry road
410,000 square feet
93,000 square feet of which, no
more than 58,440 square feet of
317,000 square feet restaurant uses are allowed
unless a trip generation study is
completed to demonstrate that the
site trip generation remains within
what was evaluated in the EIR.
Maximum Building Area Notes:
Square footage for the enclosed trash rooms, building electrical
rooms, parking areas, or enclosed loading and delivery areas shall
not be counted toward the maximum building area.
Retail kiosks and carts are permitted in the project's common
areas and are not included in the maximum building area square
footage. A maximum of 5 kiosks and 5 carts are allowed at the
project site.
Maximum Floor Area 0.37 over entire site
Ratio
Pursuant to Dublin Municipal Code Chapter 8.76 Off-Street
Parking and Loading Regulations unless otherwise noted.
Parking Notes:
No parking is required for the Retail Kiosks, Mobile Retail Carts,
Food Trucks and undesignated outdoor seating located in
common areas usable for informal seating and dining and not
dedicated to a specific tenant.
Parking Stall Dimensions Full Size Space: 9' x 18' Per DMC
Standards Compact Car Space: 8' x 17'
5' from property line along public streets
Minimum Parking Setback 10' from property line along main entry road
5' from Caltrans right of way
Signage Pursuant to an approved Master Sign Program
8. Architectural Standards.
Commercial Area 1:
The project's architectural style is modern with clean lines and bold geometry enhanced through
the use of high-quality materials and a strong color palette.
The architectural design of the project shall reflect the following standards:
• Bold elements enhanced with bold geometry, and varying building materials such as
composite metal panels, steel elements and clear anodized glass and aluminum
storefront that are durable and of high quality.
Ord No. 13-18, Adopted 11/20/18, Item 4.15 Page 8 of 12
• Use diversity of textures in the building finishes providing a varied and interesting base
form for the buildings.
• The simple form of the building is enhanced by the juxtaposition of protruding planes,
material textures, and colors.
• Provide a functional outdoor plaza with enhanced paving treatment, and other features
that connects people to Commercial Area 2.
• The building may be raised with partially subterranean parking to eliminate the need for
surface parking, except for minimal large-vehicle loading spaces.
Illustrative examples of architectural style:
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Commercial Area 2:
The architectural style of Commercial Area 2 is Contemporary Casual and embodies the qualities
of a strong relationship between the indoor and outdoor environments, reinforced through the use
of earth tones, unique materials and inviting, dynamic patio spaces
The architectural design of the project shall reflect the following standards:
• Employ high quality materials to provide visual interest in the project and to complement
its surroundings.
• Use diversity of textures in the building finishes providing a varied and interesting base
form for the buildings.
• Strong linear massing with rich articulation, utilization of a variety of materials and
surfaces, and a site design that emphasizes interaction and access to common spaces.
• Incorporate features such as different wall planes, heights, wall textures, roof elements,
signs, light fixtures and landscaping to contribute layers of detail at the pedestrian level.
• Provide functional outdoor spaces where people will gather and socialize, with
landscaping, outdoor seating, enhanced paving treatment, and other features to provide
an appropriate urban scale for the development.
Ord No. 13-18, Adopted 11/20/18, Item 4.15 Page 9 of 12
Illustrative examples of architectural style:
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9. Preliminary Landscape Plan.
The landscape design of the project shall reflect the following standards:
• Create a rich pedestrian experience connecting Commercial Area 1 to Commercial
Area 2 and through the plaza in Commercial Area 2 by the diverse offering of
activities, amenities and retail options.
• Provide flexible open space and varied seating options to allow for a mix of activities.
• Treat the site's storm water in a set of basins throughout the site that are linked to the
site's water infrastructure.
• Create a visual buffer and soften the edge between the public realm and the site.
• Utilize plants that provide a year-round vegetated landscape with seasonality, color,
and interest for an attractive visual environment.
Ord No. 13-18, Adopted 11/20/18, Item 4.15 Page 10 of 12
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10.Applicable Requirements of the Dublin Zoning Ordinance.
Except as specifically provided in this Stage 1 and 2 Development Plan, the use,
development, improvement and maintenance of the Property shall be governed by the C-1
Retail Commercial Zoning District (the closest comparable zoning district) pursuant to
section 8.32.060C or its successor.
11.Statement of compatibility with Stage 1 Development Plan.
The Stage 2 portion of this Development Plan is consistent with the Stage 1 portion of this
Development Plan.
SECTION 5. POSTING OF ORDINANCE
•
The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3)
public spaces in the City of Dublin in accordance with Section 36933 of the Government Code of
the State of California.
SECTION 6. EFFECTIVE DATE
This Ordinance shall take effect thirty (30) days following its adoption.
Ord No. 13-18, Adopted 11/20/18, Item 4.15 Page 11 of 12
PASSED, APPROVED AND ADOPTED this 20th day of November 2018, by the following vote:
AYES: Councilmembers Gupta, Hernandez, Thalblum and Mayor Haubert
NOES: Councilmember Goel
ABSENT:
ABSTAIN:
ayor
ATTEST:
(AO L'
City Clerk
Ord No. 13-18, Adopted 11/20/18, Item 4.15 Page 12 of 12