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Home My WebLink About6.1 Amend Zoning Ord San Ramon Rd AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 14, 1986 SUBJECT: PUBLIC HEARING PA 86-050.2 City Council Initiated Rezoning for a 4.8+ acre property identified as the Dublin Town & Country Shopping Center to allow occupancy in the Shopping Center by uses generally provided for by the C-1, Retail Business District. EXHIBITS ATTACHED: A - Draft Ordinance amending Zoning Ordinance Background Attachments: 1 - City Council Resolution approving San Ramon Road Specific Plan Amendment (PA 86-050.1) 2 - City Council Resolution approving Planned Development (PD) Rezoning RECOMMENDATION: 1 - Open Public hearing and hear Staff presentation. 2 - Take testimony from Applicant and the public. 3 - Question Staff, Applicant and the public. 4 - Close public hearing and deliberate. 5 - Waive second reading and adopt Ordinance. FINANCIAL STATEMENT None. DESCRIPTION:, On June 23, 1986, the City Council adopted Resolutions approving a Specific Plan Amendment and a Rezoning for the Dublin Town & Country Shopping Center. The Council also introduced an Ordinance amending the Zoning Ordinance. The applications involve the removal of a restriction on the maximum percentage of the total gross floor area that can be used for personal service, financial or office uses in the Dublin Town & Country Shopping Center. The Rezoning provides for the amendment of the current Planned Development (PD) District regulations to expand the number of permitted uses within the Specific Plan area. The amount of office space allowed within the Center will be limited to 40 percent. Staff recommends that the City Council conduct a public hearing, waive the reading, and adopt the Ordinance. ------------------------------------------------------------------------------ COPIES TO: Dubin Town & Country Associates ITEM N0. 6.1 t File PA 86-050 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DUBLIN AMENDING ZONING ORDINANCE TO PERMIT THE REZONING OF REAL PROPERTY LOCATED AT THE SOUTHWEST CORNER OF AMADOR VALLEY BOULEVARD AND SAN RAMON ROAD ------------------------------------------------------------------------------ The City Council of the City of Dublin does ordain as follows: SECTION I: Chapter 2 of Title 8 of the Dublin Ordinance Code is hereby amended in the following manner: Approximately 4.8 acres located at the southwestern corner of the intersection of San Ramon Road and Amador Valley Court, further identified as the Dublin- Town & Country Shopping Center (APN 941-040-007), is hereby rezoned to the Planned Development (PD) District; and PA 86-050.2, as shown on Exhibit A (Negative Declaration of Environmental Significance), Exhibit B (Amendment to the San Ramon Road Specific Plan - Area 3) and Exhibit C (Approval, Findings and General Provisions of the Planned Development [PD] Rezoning), on file with the City of Dublin Planning Department, are hereby adopted as regulations for the future use, improvement, and maintenance of the property within this district. A map of the area is as follows: 's •tc.t ° ° NEILS EN sc-CIX / 4 tt, t .4 �p SECTION II: This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. Before the expiration of fifteen (15) days after its passage, it shall be published once with the name of the Councilmembers voting for and against the same in The Herald, a 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 th day of 1986, by the following votes: AYES NOES: ABSENT: Mayor ATTEST: - City Clerk 71 X ?1 �� J • ' t � � 4 ..__r .t• +Al •J v =� .� �_� RESOLUTION NO. 54-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ------------------------------------------------------------------------------ APPROVING AN AMENDMENT TO THE SAN RAMON ROAD SPECIFIC PLAN � PA 86-050.1 SAN RAMON ROAD.SPECIFIC PLAN (AMENDMENT TO AREA 3) - WHEREAS, Richard Jeha, on behalf of Dublin Town & Country Associates, requested on May 6, 1986, that the Dublin City Council consider authorizing a Specific Plan Amendment Study of a portion of Area 3 of the San Ramon Road Specific Plan (PA 86-044); and WHEREAS, the City Council, at its regularly scheduled meeting of May 27, 1986, authorized the preparation of a Specific Plan Amendment Study to consider allowing occupancy in the Shopping Center by uses generally provided for by the C-1, Retail Business District, specifically to consider allowing a greater amount of personal service, financial or office uses at that location; and WHEREAS, proper notice of this request was given in all respects as required by law for the Planning Commission hearing of June 16, 1986, and the City Council hearing of June 23, 1986; and WHEREAS, the Staff Report was submitted recommending that the City Council amend the San Ramon Road Specific Plan to allow occupancy in the Dublin Town & Country Shopping Center by uses generally provided for by the C-1, Retail Business District, including, but not limited to, retail uses, personal service uses, office uses and financial institutions as generally reflected in Planning Commission Resolutions Nos. 86-27 and 86-28; and WHERZkS, the City Council did hear and consider all said reports, recommendations and testimony as herein set forth; and 0 WHEREAS, pursuant to State and City environmental regulations, a Negative Declaration of Environmental Significance has been previously adopted for the Specific Plan Amendment Study and the associated Rezoning request (City Council Resolution No. 53-86); and WHEREAS, the City Council finds that the proposed amendment to a portion of Area 3 of the San Ramon Road Specific Plan Amendment will not have a significant environmental impact; and WHEREAS, the Specific Plan Amendment is appropriate for the subject property in terms of being compatible to existing and proposed land uses in the area, and will not overburden public services; and WHEREAS, the amendment will not have substantial adverse effects on health or safety, or be substantially detrimental to the public welfare, or be injurious to property or public improvements; NOW, THEREFORE, BE IT RESOLVED THAT THE City Council approves the amendment to the San Ramon Road Specific Plan by establishing a sub-area within Area 3 of the Plan which encompasses the 4.8+ acre Dublin Town & Country Shopping Center property (APN 941-040-007) subject to the following land use restrictions which identify the uses permitted, conditional uses, and uses specifically prohibited from being established within the referenced sub-area of Area 3: k L ;0 t Area 3A (Sub area of Area 3, consisting of the Dublin Town & Country ShoopinQ Center) 4.8+ Acres As with the area identified as Area 3, this area has good potential for the development of retail shopper stores oriented to providing additional comparison shopping goods for both Dublin and nearby community residents. It is the intent of this Specific Plan that the principal use of this area be encouraged to be retail shopper stores. As noted below, development can be for personal service, financial institutions, or office uses or similar uses as typically encountered in a Retail Business District. Permitted Uses Retail commercial shopper goods establishments such as: a. General Merchandise Stores b. Clothing Stores C. Shoe Stores d. Home Furnishings Stores e. Home Appliances/Music Stores f. Hobby/Special Interest Stores g. Gifts/Specialty Stores . h. Jewelery and Cosmetic Stores i. Home Improvement Centers j. Drug Stores k. Auto Parts Stores and similar uses that offer comparison goods based on price and quality. Eating and drinking establishments including, but not limited to, the following: a. Restaurant + b. Cocktail Lounge C. Donut Shop d. Ice Cream Parlor e. Sandwich Shop f. Specialty Food g. Delicatessen h. Bakery i. Candy or Nuts j. Health Food k. Wine and Cheese with on-sale liquor license from State of California Personal Service establishments including, but not limited to, the following: a. Beauty Shop b. Barber Shop C. Shoe Repair d. Cleaner and Dryer e. Laundry f. Figure Salon g. Photographer h. Formal Wear/Rental i. Interior Decorator j. Travel Agent k. Key Shop 1. Dressmaking or Knitting Shop M. Tailor Shop n. Handicraft Shop -2- Office including, but not limited to, the following and restricted to a maximum of 40% of the total gross floor area of the Shopping Center: a. Optometrist b. Medical and Dental C. Legal d. Accounting e. Architect f. Employment Agency g. Real Estate h. Other Administrative and Professional Office - Conditional Use Subject to approval of a Conditional Use Permit: a. Community, religious and charitable institution facilities and uses. b. Public facilities and uses. C. Veterinary Office d. Commercial recreation facility, other than a theater, if within a building. e. Tavern f. Recycling Centers, when operated in conjunction with a Permitted Use on the same premises. g. In-patient and out-patient health facilities as licensed by the State Department of Health Services. Prohibited Uses — All retail commercial uses defined as convenience stores, including: a. Grocery Stores b. Liquor and Wine Stores C. Drive—in and Drive—through Restaurants d. ;teat, Fish or Poultry Stores and other stores which sell food and other household goods for consumption in a short time. New and used vehicle sales and/or vehicle repair and service, service stations. — Residential uses. Industrial uses. PASSED, APPROVED AND ADOPTED this 23rd day of June, 1986. AYES: Councilmembers Hegarty, Moffatt, Vonheeder and Mayor Snyder NOES: Councilmember Jeffery ABSENT: None -May—or- ATTEST: City Clerk -3- RESOLUTION NO. 55-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ------------------------------------------------------------------------------ APPROVING AND ESTABLISHING FINDINGS AND GENERAL PROVISIONS FOR A PLANNED DEVELOPMENT (PD) REZONING 9 CONCERNING PA 86-050.2 SAN RAMON ROAD SPECIFIC PLAN - AREA 3 _ DUBLIN TOWN & COUNTRY SHOPPING CENTER WHEREAS, Richard Jeha, on behalf of Dublin Town & Country Associates, requested on May 6, 1986, that the Dublin City Council consider authorizing a Specific Plan Amendment Study of a portion of Area 3 of the San Ramon Road Specific Plan (PA 86-044) ; and WHEREAS, the City Council, at its regularly scheduled meeting of May 27, 1986, authorized the preparation of a Specific Plan Amendment Study to consider allowing occupancy in the Shopping Center by uses generally provided for by the C-1, Retail Business District, specifically to consider allowing a greater amount of occupancy by personal service, financial or office uses at that location; and WHEREAS, proper notice of this request was given in all respects as required by law for the Planning Commission hearing of June 16, 1986, and the City Council hearing of June 23, 1986; and WHEREAS, the Staff Report was submitted recommending that the application be approved subject to the findings and general provisions prepared by Staff and reflected in Planning Commission Resolution No. 86-028; and WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony as herein set forth; and WHEREAS, pursuant to State and City environmental regulations, a Negative Declaration of Environmental Significance has been previously adopted for the Rezoning and the associated Specific Plan Amendent Study Tentative Map requests (City Council Resolution No. 53-86) ; and WHEREAS, the City Council finds that the proposed rezoning is consistent with the City's General Plan and Policies and the San Ramon Road Specific Plan, as amended by PA 86-050.1; and WHEREAS, the City Council finds that the proposed rezoning will not have a significant environmental impact; and WHEREAS, the rezoning is appropriate for the subject property in terms of being compatible to existing land uses in the area, and will not overburden public services; and WHEREAS, the rezoning will not have substantial adverse effects on health or safety, or be substantially detrimental to the public welfare, or be injurious to property or public improvements; and WHEREAS, there is little or no probability that the rezoning will be a detriment to, or interfere with, the City's General Plan or the San Ramon Road Specific Plan; NOW, 1HEREFORE, BE IT RESOLVED THAT THE Dublin City Council approves the Planned Development (PD) Rezoning request PA 86-050.2 subject to the following General Provisions: 1. Except as specifically modified by these General Provisions, development within the Dublin Town & Country Shopping Center shall be as provided for under PA 83-042.1 (City Council Resolution No. 50-84 for the original Planned Development [PD] District) and PA 83-042.2 (City Council Resolution No. 51-84 for the original Site Development Review). A I Tlirl A 2- 1 W 2. Permitted land uses, and those permitted with the issuance of a Conditional Use 'Permit, shall as generally provided in the C-1, Retail Business District, modified to reflect the provisions in the San Ramon Road Specific Plan for the Dublin Town & Country Shopping Center (Sub- area A of Area 3) outlined in the Planning Commission Resolution No. 86-028. PASSED, APPROVED AND ADOPTED this 23rd day of June, 1986. AYES: Councilmembers Hegarty, Jeffery, Moffatt, Vonheeder and Mayor Snyder _ NOES: None ABSENT: None ' ayor ATTEST: City Clerk