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HomeMy WebLinkAboutOrd 05-01 ValleyCntrRezoneORDINANCE NO. 5 - 01 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING THE ZONING MAP TO REZONE PROPERTY, LOCATED ON THE NORTH WEST CORNER OF VILLAGE PARKWAY AND AMADOR VALLEY BOULEVARD AND FURTHER IDENTIFIED AS APN 941-175-21-2, 941-175-21-8, AND 941-175-21-6 TO A PLANNED DEVELOPMENT ZONING DISTRICT ESTABLISH GENERAL PROVISIONS AND ADOPT A DEVELOPMENT PLAN FOR PA 00-010, FOR PA 00-010, VALLEY CENTER WHEREAS, Peter Shutts has requested approval of a Planned Development Rezone to accommodate a new 8,260 square foot building at the comer of Village Parkway and Amador Valley Boulevard. Additionally, the project proposes to modify the existing building and parking lot known as the Valley Center located at 7325 Amador Valley Boulevard, and further identified as APN 941- 175-21-2, 941-175-21-8, and 941-175-21-6; and WHEREAS, Applicant/Developer has submitted a completed application for a Planned Development Rezone and a Stage 1 and Stage 2 Development Plan as required by Chapter 8.32 of Title 8 of the Dublin Municipal Code which meets the requirements of said Chapter; and WHEREAS, a completed application for a Planned Development Rezone is available and on file in the Dublin Planning Department; and WHEREAS, the Planning Commission has recommended approval of the Planned Development Rezone and the Development Plan for PA 00-010; and WHEREAS, a properly noticed public hearing was held by the City Council on July 3, and July 17, 2001; and WHEREAS, a Staff Report was submitted recommending that the City Council approve the application; and WHEREAS, this project has been found to be Categorically Exempt from CEQA under Section 15332, Class 32 of the California Environmental Quality Act Guidelines, because the project consists of construction of a new retail/office building which is consistent with all General Plan and Zoning regulations and currently served by all required utilities and public services; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the City Council did hear and use their independent judgment and considered all said reports, recommendations and testimony hereinabove set forth; and WHEREAS the Dublin City Council does hereby make the following findings and determinations regarding said proposed Planned Development Rezone: 1. The proposed Planned Development Zoning meets the intent and purpose of Chapter 8.32 of the Zoning Ordinance because it provides a comprehensive Development Plan which will create a more desirable use of land than would have been provided under existing zoning or in combination with any other existing Zoning District. Additionally, the Planned Development will create an environment that is sensitive to environmental features by virtue of the site layout and building architecture. The proposed Development Plan is also consistent with the General Plan land use category of Retail/Office. 2. The subject site is physically suitable for the type and intensity of the PD Zoning District because it is a relatively level vacant site, of sufficient size to accommodate the proposed project, and is near all necessary public facilities. 3. Development under the Planned Development District Development Plan will be harmonious and compatible with existing and future development in the surrounding area. 4. The proposed Amendment will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety or welfare because the Development Plan has been designed in accord with the Dublin General Plan. 5. The Planned Development Rezone is harmonious and compatible with existing and potential development in the surrounding area because design elements and conditions of approval of Site Development Review insure that impacts to surrounding existing and potential development are insignificant; and NOW, THEREFORE, the Dublin City Council does ordain as follows: Section 1: 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 following property ("the Property") to a Planned Development Zoning District: the property located at the comer of Village Parkway and Amador Valley Boulevard known as the Valley Center identified as 7325 Amador Valley Boulevard, and further identified as APN 941-175- 21-2, 941-175-21-8, and 941-175-21-6. A map of the rezoning area is shown below: A.m a d o r V a I I e y B o u I e v a r d G:\CC-MTGS~2001 QTR3UULY~7-17-01 \ord-valleyctr.doc 2 SECTION 2. The regulations of the use, development, improvement, and maintenance of the Property are set forth in the Development Plan for PA 00-010, Valley Center, subject to the attached "General Provisions and Development Standards" (Exhibit A) which constitute regulations for the use, improvement, and maintenance of the property (APN's 941-175-21-2, 941-175-21-8, and 941-175-21-6). Except as specifically included in Exhibit A attached and made a part of this Resolution, development and operation of land use activities within this Rezone shall be subject to the current City of Dublin Zoning Code. Any amendments to the Development Plan shall be in accordance with section 8.32.080 of the Dublin Municipal Code or its successors. The Planned Development Rezone shall be in substantial conformance of the Land Use and Development Plan (comprised of the Site Development Review) with the General Provisions and Development Standards approved with this Planned Development Rezone. SECTION 3. Except as provided in the Development Plans, the use, development, improvement and maintenance of the Property shall be governed by the provisions of the Dublin Zoning Ordinance. 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 17th day of July, 2001, by the following votes: AYES: NOES: None ABSENT: None ABSTAIN: None Councilmembers Lockhart, McCormick, Oravetz, Zika and Mayor Houston ATTEST: City C[~--~¢-~ K2/G/7-17-01/ord-valleyctr. doc (Item 6.2 ) G:\CC-MTGSL2001 QTR3~ULYX7-17-01\ord-valleyctr.doc 3 STAGE 1 AND STAGE 2 DEVELOPMENT PLAN This is a Development Plan for the Valley Center pursuant to Chapter 8.23 of the Dublin Zoning Ordinance for the property located at the northwest comer of Village Parkway and Amador Valley Boulevard (APN 941-175-21-2, 941-175-21-8, and 941-175-21-6). This Development Plan meets all of the requirements for Stage 1 and Stage 2 review of the project. The land use designations for this PA 00-10 PD Zoning District are established to: a) accommodate a range of community-serving retail and mixed-use projects incorporating retail, service 'and/or office uses; b) provide appropriately located areas for retail stores, offices, and service establishments, offering commodities and services required by residents of the City and its surrounding market area; c) provide opportunities for retail stores, offices, and service establishments to concentrate for the convenience of the public and in mutually beneficial relationship to each other, d) provide adequate space to meet the needs of modem commercial development, including off-street parking and truck loading areas; and e) minimize traffic congestion and to avoid overloading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them. This Development Plan includes: development standards, permitted, conditional and prohibited uses; design standards and Stage 1 and 2 site plan; labeled Exhibit lA to the Ordinance approving this Development Plan and on file with the Planning Department. The Planned Development District allows the flexibility needed to encourage innovative development while ensuring that the goals, policies, and action programs of the General Plan, Downtown Dublin Specific Plan, and provisions of Section 8.23 of the Zoning Ordinance are satisfied. This Development Plan includes Site Development Review plans, other plans, exhibits, and written statements contained 'in the PA 00-010 file, and on file in the Planning Department. The Planned Development District allows the flexibility needed to encourage innovative development while ensuring that the goals, policies, and action programs of the General Plan and provisions of Section 8.32 of the Zoning Ordinance, are satisfied. 1) Permitted uses/Site Area/Densities: Permitted uses: Community-serving retail uses, including, but not limited to: a) General Merchandise Store b) Discount Retail Store. c) Clothing/Fashion Store Exhibit A d) e) f) g) h) i) J) k) l) m) n) o) P) q) r) s) t) Office a) b) c) d) e) g) h) i) J) k) l) Shoe Store Home Furnishing Store Office Supply Store Home Appliance/Electronics Store Home Improvement/Hardware Store Music Store Hobby/Specialty Interest Store Gifts/Specialty Store Jewelry and Cosmetic Store Drug Store Auto Parts Store Toy Store Book Store Pet Supplies Store Sporting Goods Store (without the sale of firearms) Grocery/food Store Video Rentals and service establishments, including, but not limited to: Bank/Savings and Loan Real Estate/Title Office Travel Agent Legal Accounting Medical and Dental Optometrist Architect Employment Agency Hair/Beauty Salon Cleaner and Dryer Shoe Repair Exhibit A m) n) o) P) q) r) s) Eating a) b) c) d) e) g) Key Shop Tailor Athletic Club Formal Wear/Rental Other Administrative and Professional Office Technical Access Center Tele-commuting Center and drinking establishments including, but not limited to: Restaurant Delicatessen Specialty Food (e.g. bagel shop) Bakery Cafes Ice Cream Shop Sandwich Shop Conditional Uses: a) In-Patient and Out-patient health facilities as licensed by the State Department of Health Services b) Wine and Liquor bar with on-sale liquor license c) Micro-Brewery d) Video Arcade e) Sporting Goods Store (with sale of firearms) f) Public and semi-public facilities (Governmental or institutional-type facilities. Public facilities include: schools, libraries: city office buildings; State, County and other public agency facilities: post offices, fire stations: and utilities. Semi-public facilities include: churches; theaters; community centers; and hospitals). g) Other uses that could possibly meet the intent of the Planned Development (PD) District - Community-Serving Retail; Office and Service Establishments; and Eating and Drinking uses. Prohibited Uses: a) Drive-in/Drive-Through Business b) Service Station Exhibit A 2) c) Automobile/Vehicle: Brokerage; Rental; Repairs and Service; Sales and Service and Storage Lot Dublin Zoning Ordinance - Applicable Requirements: Except as specifically modified by the provisions of this PA 00-010 PD Zoning District, use, development and maintenance of property within this PD Zoning District shall be subject to' the provisiohs of the C-1 Retail Commercial Zoning District of the City of Dublin Zoning Ordinance with regard to permitted/conditional uses, land use restrictions ~and minimum/maximum development criteria. 3) Development Standards: Setbacks a) Front and Side Yard (Street Side) (1) Village Parkway: 6 feet minimum (2) Amador Valley Blvd.: 6 feet minimum for structures, zero for landscape and parking. b) Rear and interior side yard (Westerly and Northerly property lines) (a) 0 feet minimum Height Limitations: a) 3 stories, 45 feet high 4) Parking a) All uses for the site shall comply with Chapter 8.76 Off Street Parking and Loading Regulations of the Dublin Zoning Ordinance. b) All parking shall be located on the Street sides of the development $) Landscaping: a) All required setback areas, including the comer area of the property (Village Parkway and Amador Valley Boulevard) shall be properly designed and landscaped in order to establish a high level of development quality while providing for neighborhood identity where appropriate. The design shall utilize street tree plantings with complementary landscape materials. b) The comer landscaping should incorporate significant landscape, including specimen trees and special "city entry" image treatment whenever appropriate. The design shall ensure that any comer landscape plan conforms with the Traffic Visibility Area requirements of the Dublin Zoning Ordinance to protect the public safety. Exhibit A 6) Outdoor Seating: Outdoor seating for the eating and drinking establishments is allowed within the PD Zoning District and may be located in the easterly and southerly setback areas provided these uses do not occupy more than 50% o£the setback ,area. 7) Design Standards: General Commercial Design Standards a) Any new building developed at the site shall achieve a human scale and interest. The building shall exemplify a sense of proportion to the physical site and surrounding properties. The building design shall incorporate building elements, such as wall insets, trellises, towers, overhangs, and other projections, which may help produce a proportionate building and reduce the scale of a large building. b) The building color shall be compatible with the neighborhood and shall reinforce the visual character of the environment of the proposed buildings. Integral coloring of concrete, stucco and similar materials is encouraged. Bright colors may be used to provide a~ attractive and distinctive accent to the building. c) The choice of materials, colors, signs and the level of architectural detailing for the new buildings shall be thoughtfully integrated into the' design of all building elevations. Retail Commercial Center Design Standards a) All new retail commercial development with eating and drinking establishments may incorporate an outdoor seating area, activity plaza or courtyard to enhance · pedestrian use, public and civic interaction and events. b) All furniture and accessories provided for the outdoor seating area shall be compatible with the architectural design of the building. c) In order to promote a pedestrian environment, the ground floor level of the buildings shall include display windows, courtyard entrances and other elements of pedestrian interest. 8) Proposed Development: a) Any additional development proposed for the site shall be subject to a new Development Plan pursuant to Chapter 8.32 of the Zoning Ordinance and a Site Development Review Permit. The decision maker for the Site Development Review shall be the Community Development Director (and his/her designee). b) New office building developments shall be encouraged to include a mix of community - serving retail uses, and eating, drinking and entertainment establishment-type uses. Site Area: approximately 14i609 square feet ( 0.335 Acres) Densities: .25 to .50 Floor area Ratio Exhibit A