HomeMy WebLinkAboutItem 8.1 Fireplace, Patio & BBQ SP Land Use
CITY CLERK
File # DffiOJ~-[5]l5J
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: September 19, 2006
SUBJECT:
ATTACHMENTS:
RECOMMENDATION: 1)
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FINANCIAL STATEMENT:
PROJECT DESCRIPTION:
Request for an Initiation of a Downtown Core Specific Plan Amendment
Study to change the Specific Plan Land Use Designation from Retail/Auto
to Retail/Office that would permit the expansion of an existing building for
a retail establishment (Custom Fireplace, Patio & BBQ) to operate at 7099
Amador Plaza Road.
Report Prepared by: Jeff Baker, Senior Planner
1)
2)
3)
4)
Resolution denying initiation of a Downtown Core Specific Plan
Amendment Study
Resolution approving initiation of a Downtown Core Specific Plan
Amendment Study
Project proposal and letter from the Applicant dated August 11,
2006
Downtown Core Specific Plan Land Use Map with the project
location marked
5)
Receive Staff presentation;
Receive presentation from Applicant;
Receive public comment; and
Adopt a Resolution denying the request to Initiate a Downtown Core
Specific Plan Amendment Study; or
Adopt a Resolution approving the request to Initiate a Downtown
Core Specific Plan Amendment Study.
The cost of preparing the Specific Plan Amendment shall be borne
by the affected property owner who has requested this amendment.
Background
The 1.94-acre project site is located at 7099 Amador Plaza Road within the Downtown Core Specific Plan
area. The General Plan Land Use Designation for the subject property is Retail/Office. The Specific Plan
Land Use Designation for the subject property is Retail/Auto and the subject property is located in
Planned Development Zoning District (PD 02-031). The site is the current location of Ken Harvey's
COPIES TO:
------------------------------------------------------------------------------------------------------------
Applicant
Property Owner
G:\Agendas\2006\ccsr 9.19.06 Custom Fireplace SP A.doc
Page 1 of 4
8.1
ITEM NO.
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Dublin Honda auto dealership and is surrounded by retail uses to the north, south and west, and I-680 to
the east.
Dublin Honda has been in operation at the subject site since the 1970's, Dublin Honda has outgrown this
location and is in the process of constructing a new dealership on Scarlett Court. Mr. Harvey sold the
subject property (existing dealership site) to Mr. Ligon in July 2006, and is currently leasing the space
from Mr. Ligon until construction of the new dealership on Scarlet Court is completed.
Mr. Ligon, owner of Custom Fireplace, Patio & BBQ, has submitted a request to initiate a Downtown
Core Specific Plan Amendment Study for the subject property at 7099 Amador Plaza Road. The
Applicant proposes to change the Specific Plan Land Use Designation from Retail/Auto to Retail/Office
in order to allow Custom Fireplace, Patio & BBQ, a retail establishment, to increase the size of the
existing dealership building by approximately 11,200 square-feet. The project also includes exterior
modifications at the subject property (Attachment 3).
ANALYSIS:
Downtown Core Specific Plan Land Use Designation
The Downtown Core Specific Plan, adopted by the City Council on December 19, 2000, identifies land
use designations and permitted, conditionally permitted and temporary use types for the property within
the Specific Plan area (Specific Plan Sections 5.2 and 5.3). The Specific Plan differentiates between
permitted uses for an existing building and permitted uses for new construction/development.
Permitted Uses
The Specific Plan designates the subject property as Retail/Auto which allows retail automotive uses as
well as the expansion of buildings for automotive uses. The Specific Plan also allows uses consistent
with the zoning designation that was in place prior to the adoption of the Specific Plan (Specific Plan
Section 5.3). The former zoning designation for the project site is General Commercial (C-2), Uses
consistent with the C-2 zoning district are permitted to operate within existing buildings on properties
designated for Retail/Auto. However, the expansion of a building for a general retail use on a parcel
designated for retail automotive use is prohibited. Custom Fireplace, Patio & BBQ is a general retail use
that is consistent with the C-2 zoning district, and would therefore be permitted to operate within the
existing building as it exists on the site currently.
New Construction
Any new construction/development within the Plan area shall conform to the current Specific Plan Land
Use Designations. Since the land use designation for the property is Retail/Auto, if the existing building
is increased in size, the use must be consistent with the Retail/Auto designation. Since Custom Fireplace,
Patio & BBQ is not a retail auto use, an expansion of the building would require an amendment to the
Specific Plan for a land use designation that permits retail use.
Proposed Building Modifications
The Applicant is proposing to expand the existing 10,158 square foot building by adding 11,221 square
feet for a 21,379 square foot building. As a part of the building expansion, the applicant is also proposing
fayade enhancements and site improvements that also include an outdoor display area (Attachment 3).
The Applicant believes such improvements are necessary in order for the building to be viable to operate
his business at this location. The existing building that Custom Fireplace, Patio & BBQ operates from (on
the adjacent parcel to the north of the Honda site) is approximately 8,200 square-feet in size.
Page 2 of4
Maximum Development Potential
When the Downtown Core Specific Plan was adopted in December 2000, the former property owners,
Kenneth and Marc Harvey of Dublin Honda, requested an increase in the allowable Floor Area Ratio
(FAR) and a change in the land use designation of the property to permit Retail/Auto and Retail/Office
uses. The City Council approved an increase in the FAR which increased the development potential of
the site from 0.20 (or 22,420 square feet) to 0.79 (or 87,750 square feet) with the adoption of the Specific
Plan. The proposal to increase the existing building from 10,158 square feet to 21,379 square feet is
consistent with the allowable FAR of the Specific Plan.
However, the City Council did not change the land use designation because of concerns regarding the
need for further analysis of traffic impacts. While the allowable FAR as defined by the Plan would not be
exceeded, the proposed retail use coupled with the requested expansion of the building is not consistent
with the Downtown Core Specific Plan. If the City Council directs staff to pursue the proposed Specific
Plan Amendment to amend the land use designation from automotive retail to general retail, a traffic
study would be necessary
City policy requires that the City Council approve the initiation of any Specific Plan Amendment Study
prior to Staff accepting a development application that would include a Specific Plan Amendment for a
project. If the Specific Plan Amendment Study is initiated, the proposed improvements would also
require approval of a Planned Development Rezone and Stage 2 Development Plan, Site Development
Review, and a Conditional Use Permit, which are not being considered as a part ofthe current request.
Comprehensive Specific Plan Update
The City Council's 2006-2007 Goals and Objectives include a high pnonty goal to combine the
Downtown Core Specific Plan, West Dublin BART Specific Plan, and the San Ramon Road Specific Plan
into one comprehensive plan that addresses the entire Downtown area. This update is anticipated to be
initiated in late Fall 2006 and will require approximately 18 months to complete. The update and
consolidation of the three Specific Plans will require a considerable amount of Staff time that will be
funded from the General Fund. The proposed amendment to the subject property could be considered as a
part of this comprehensive update and could be fully analyzed as a part of the overall planning for the
downtown area.
The Applicant has raised concern regarding the extended timeframe to complete the comprehensive
Specific Plan update. Therefore, the Applicant has requested initiation of a separate Downtown Core
Specific Plan Amendment Study for the property at 7099 Amador Plaza Road. This separate Specific
Plan Amendment Study would be independent of the comprehensive Specific Plan Update and would
potentially allow the Applicant to proceed with the expansion of the building in a timely manner. While
Staff time would be funded by the Applicant, this separate Specific Plan Amendment Study will reduce
the amount of Staff time that is available to work on other projects, including the comprehensive Specific
Plan Update.
Staff is not supportive of this request because it will encourage a piece-by-piece approach to development
in the downtown area prior to the completion of the comprehensive Downtown Core Specific Plan efforts.
Should this project go forward, it may reduce the City Council's ability to achieve a broader vision for the
area. Additionally, Staff has received similar inquiries to potentially modify the Specific Plan from other
property owners within the Downtown Core Specific Plan area. By granting the Applicant's request, the
City may have other property owners propose a change for the land use designation for their property
prior to completion of the comprehensive update to the Downtown Core Specific Plan. Any modification
of an existing land use within the downtown area should be reviewed in a global manner to create a
Page 3 of 4
downtown village environment, while analyzing traffic, impacts on the parks and recreation facilities as
well assessing the economics of the area.
RECOMMENDATION:
Staff recommends that the City Council: 1) Receive Staff presentation; 2) Receive presentation from
Applicant; 3) Receive public comment; and 4) Adopt a Resolution denying the request to Initiate a
Downtown Core Specific Plan Amendment Study (Attachment 1); or 5) Adopt a Resolution approving
the request to Initiate a Downtown Core Specific Plan Amendment Study (Attachment 2).
Page 4 of 4
(of'?
RESOLUTION NO. - 06
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
********************************************
DENYING THE INITIATION OF A DOWNTOWN CORE SPECIFIC PLAN AMENDMENT
STUDY FOR THE PROPERTY LOCATED AT
7099 AMADOR PLAZA ROAD (APN 941-0305-026)
WHEREAS, Mr. Walt Ligon of Custom Fireplace, Patio & BBQ, has submitted a request to
consider an expansion and reuse of the existing Dublin Honda auto dealership building for retail sales of
fireplaces, patio furniture, barbeques and other related items on the 1.94-acre parcel located at 7099
Amador Plaza Road; and
WHEREAS, the proposal is for a land use that is not permitted at this site in the Downtown Core
Specific Plan; and
WHEREAS, in order to consider the proposed expansion to the existing building for a retail
establishment at the subject site, an amendment to the Downtown Core Specific Plan is required that
would change the Specific Plan Land Use Designation from Retail/Auto to Retail/Office; and
WHEREAS, additional entitlements including a Planned Development Rezone with Stage 2
Development Plan, Site Development Review, and Conditional Use Permit would need to be processed;
and
WHEREAS, the initiation request has been reviewed in accordance with the provisions of the
California Environmental Quality Act (CEQA) and was found to be Categorically Exempt under Section
15306, Class 6 of the State CEQA Guidelines for basic data collection, research, and resource evaluation
activities; and
WHEREAS, a staff report was submitted outlining the issues surrounding the request; and
WHEREAS, the City Council did hear and consider all such reports, recommendations, and
testimony hereinabove set forth, and does not support the initiation of a Specific Plan Amendment.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Dublin does
hereby deny the Initiation of a Downtown Core Specific PIan Amendment Study for the property at 7099
Amador Plaza Road.
PASSED, APPROVED AND ADOPTED BY the City Council of the City of Dublin on this 19th
day of September 2006, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
G:\Agendas\2006\CC Resos Custom Fireplace SPA initiation.doc
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Attachment 1
J.oF?
RESOLUTION NO. - 06
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * ** * * * * ** * ** * * ** * * * *** * * ** * * ** * ** * ** * **
APPROVING THE INITIATION OF A DOWNTOWN CORE SPECIFIC PLAN
AMENDMENT STUDY FOR THE PROPERTY LOCATED AT
7099 AMADOR PLAZA ROAD (APN 941-0305-026)
WHEREAS, Mr. Walt Ligon of Custom Fireplace, Patio & BBQ, has submitted a request to
consider an expansion and reuse of the existing Dublin Honda auto dealership building for retail sales of
fireplaces, patio furniture, barbeques and other related items on the 1.94-acre parcel located at 7099
Amador Plaza Road; and
WHEREAS, the proposal is for a land use that is not permitted at this site in the Downtown Core
Specific Plan; and
WHEREAS, in order to consider the proposed expansion to the existing building for a retail
establishment at the subject site, an amendment to the Downtown Core Specific Plan is required that
would change the Specific phm Land Use Designation from Retail/Auto to Retail/Office; and
WHEREAS, additional entitlements including a Planned Development Rezone with Stage 2
Development Plan, Site Development Review, and Conditional Use Permit would need to be processed;
and
WHEREAS, the initiation request has been reviewed in accordance with the provisions of the
California Environmental Quality Act (CEQA) and was found to be Categorically Exempt under Section
15306, Class 6 of the State CEQA Guidelines for basic data collection, research, and resource evaluation
activities; and
WHEREAS, a staff report was submitted outlining the issues surrounding the request; and
WHEREAS, the City Council did hear and consider all such reports, recommendations, and
testimony hereinabove set forth, and supports the initiation of a Specific Plan Amendment.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Dublin does
hereby approve the initiation of a Downtown Core Specific Plan Amendment Study for the property at
7099 Amador Plaza Road.
PASSED, APPROVED AND ADOPTED BY the City Council of the City of Dublin on this 19th
day of September 2006, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
G:\Agendas\2006\CC Resos Custom Fireplace SPA initiation.doc
Attachment 2
3 o( /
August II, 2006
Honorable Mayor Lockhart
Members of City Council
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Subject: Purchase of Dublin Honda Site
Honorable Mayor Lockhart and Members of the Council,
I am the owner of Custom Fireplace, Patio & BBQ at 7111 Amador Plaza Road in
Dublin. I have been a business owner in Dublin for over 30 years. On August 8, 2006 I
closed escrow on purchase of the 1.94 acre site occupied by Ken Harvey's Dublin
Honda, right next door to my existing location. With the growth and success of my
business, I needed a bigger building, and with the growth and success of Ken's business,
he needed a bigger site.
Prior to purchase, I met with City Staff and studied the Downtown Core Specific Plan to
understand City requirements. I have hired George Corrigan, an outstanding architect
who serves on a design review board, to prepare the building addition plans. The
building addition will follow Specific Plan guidelines, with the fa<;ade brought out toward
the sidewalk, the fa<;ade widened in a more traditional retail style, and with enhanced
sidewalk width and pedestrian access like the Safeway Center buildings to the south.
The City staff informs me that I can occupy the existing building in my retail use, but that
the retail expansion requires an amendment to the Specific Plan to change the designation
ofthat parcel from "Retail/Auto" to "Retail/Office". To me, retail means retail, but I am
willing to comply with all reasonable requirements. The Specific Plan calls for
replacement of auto uses by retail, so the vision of the Specific Plan will be implemented
by my revitalization ofthis site.
According to the City Staff, they cannot process a Specific Plan amendment until the City
Council has approved processing the Specific Plan amendment. I hereby request that mv
Specific Plan amendment request be placed on your September 5, 2006 Agenda for your
consideration, or the earliest possible Council Agenda thereafter.
My site plan and elevations will be submitted to Staff in the week of August 13 - 18, and
I will get a copy to Councilmembers and Planning Commissioners when it becomes
Attachment 3
4 (
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Honorable Mayor Lockhart and Members ofthe Council
August 11,2006
Page 2
available. Ken Harvey will rent back the site from me until January 1,2007, or as soon
thereafter as he can complete his new facility. It will be very important that my plans be
approved and I have a contractor ready to proceed as soon as Ken Harvey moves off the
site - or else I will be paying a tremendous monthly cost with no offsetting rent.
I really look forward to working with the City Council, Planning Commission, Chris Foss
and your Planning Staff, and bringing substantial improvements to my business and
downtown Dublin.
Sincerely,
Walt L. Ligon
Cc: Richard Ambrose, City Manager
Chris Foss, Economic Development Director
Geri Ram, Planning Director
Planning Commission
George Corrigan
Peter MacDonald
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CUSTOM FIREPLACE, PATIO AND BBQ
7099 Amador Plaza Road, Dublin, CA
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BUiLDING ~ SITE DATA
PRELIMINARY DESIGN PRESENTATION
NOT FOR CONSTRUCTION PURPOSES
CUSTOM FIREPLACE, PATIO AND BBQ
7111 Amador Plaza Rd.
Dublin, CA 94568
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0624.00
08/14/06
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CUSTOM FIREPLACE, PATIO AND BBQ
7099 Amador Plaza Road, Dublin, CA
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Exhibit 9
Downtown Core
Specific Pia n
Specific Plan
Land Use
Freeway
Streets
- Dublin Lots
C Specific Plan Area
Land Use
c:z:J Commercial A
~ Commercial B
.. High Density Residential (25.0 + du/ac)
III Mixed Use
I:::::. Office
D Retail/Automotive
I?Za Retail/Office
* Potential Plaza Location
(I Opportunity Site
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March 2006
NOTE: The internal system of
!o~al streets shown in this figure
IS Illustrative only.
100 200
400
600
. Feet
0.03
0.06
0.12
Miles
Attachment 4