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CITY CLERK
File # D[1J[l][QJ-~~
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: December 15, 1998
SUBJECT:
EXHffiITS:
RECOMMENDATION:
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DESCRIPTION:
PUBLIC HEARING (Continued): P A 98-049 Planned Development
(PD) District Rezone for property located at 7197 Village Parkway
(R~port Prepared by: Carol ~ireIli, Senior Plannert.,ec.....
1.
Ordinance adopting Planned Development Zoning District
(with Stage 1 and Stage 2 Development Plan attached as
Exhibit 1A).
2. Exhibit 1A (Stage 1 and 2 Development Plan) showing
Revisions per City Council Direction (pp. 1 - 3 only)
1)
2)
3)
4)
5)
Open public hearing and hear staff presentation
Take testimony from the public
Question staff and the public
Close public hearing and deliberate
Waive second reading and adopt the Ordinance approving
P A 98-049 Planned Development (PD) District Rezone for
7197 Village Parkway
At the December I, 1998 City Council meeting, the City Council waived the reading and introduced the
ordinance approving the PD District Rezone for property located at 7197 Village Parkway.
The PD District ordinance (Exhibit 1) rezones the property from the C-2, General Commercial Zoning
District to a PD District. The PD District establishes permitted, conditional and prohibited uses, and
development standards that would best meet the needs of the City for creating more retail opportunities
- within the downtown. The PD Zoning District would be subject to the C-1, Retail Commercial Zoning
District provisions of the Zoning Ordinance, particularly with regard to land use restrictions and
minimum/maximum development criteria. Application of the PD District zoning standards would result
in a pedestrian-oriented commercial development that would be compatible with the surrounding retail,
office and restaurant uses in the downtown.
The permitted uses for the PD District fall within three main categories: Community-Serving Retail;
Office and Service; and Eating, Drinking and Entertainment. At the December 1 SI meeting, the City
Council requested a clearer definition of the term "Entertainment" and requested that any entertainment-
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P A File
Project Manager
g:\pa98-049\12-15ccsr
ITEM NO.
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related use be allowed as a conditional use versus a permitted use within this PD District.
The term "Entertainment" as used within this PD District basically refers to uses that are associated with
entertainment, such as video rentals; theater; billiard and pool hall, etc. Because these types of
entertainment uses are already covered under the "Recreational FacilitylIndoor" definition of the City's .
Zoning Ordinance, the word "Entertainment" can be deleted from the "Eating, Drinking and
Entertainment" category. In addition, uses that fall under the "Recreational FacilitylIndoor" definition
require a use permit within the C-1 and C-2 commercial districts, which satisfies the Council's request
that any entertainment-related use require a use permit. Staff also recommends that the "Video Rentals"
use under "Eating, drinking and entertainment" be moved to the "Community-serving retail" section since
video rental establishments are more retail-service oriented. Exhibit 2 of the staff report includes the
suggested PD District revisio~s in strikethrough, bold and italics.
CONCLUSION
The proposed rezone for 7197 Village Parkway is consistent with the City's General Plan policies because
the project will promote compatible commercial retail and office development within the Dublin's
downtown area. In addition, the PD District contains adequate development standards that will provide a
framework for processing a future development project at the site. If the City Council approves the PD
District rezone, staff will return with an Ordinance to lift the moratorium at the time the PD District
becomes effective.
RECOMMENDATION
1) Open public hearing and hear staff presentation; 2) take testimony from the public; 3) question staff and
the public; 4) close the public hearing and deliberate; 5) waive the second reading and adopt the .
Ordinance approving P A 98-049 Planned Development (PD) District Rezone for 7197 Village Parkway.
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ORDINANCE NO. - 98
AN ORDINANCE OF THE CITY OF DUBLIN AMENDING THE ZONING ORDINANCE TO ADOPT
THE PLANNED DEVELOPMENT REZONING (PA 98-049) OF PROPERTY LOCATED AT 7197
VILLAGE PARKWAY AT THE SOUTHEAST CORNER OF VILLAGE PARKWAY AND AMADOR
VALLEY BOULEVARD (APN: 941-210-13)
WHEREAS, on July 7, 199~, the City Council instructed staff to initiate a General Plan Amendment
Study and/or Zone Change Study to evaluate appropriate uses for the property located at 7197 Village Parkway
("Property") consistent with the desires of the Council to encourage Village Parkway to develop into a vital
downtown area with offices, restaurants, cafes, retail services, and other pedestrian-friendly land uses; and
WHEREAS, in response to the City Council's direction, staff conducted a preliminary land use
investigation for the Property and recommended the following commercial uses:
Communitv~Serving Retail: general merchandise stores, clothing/shoe stores, gift/specialty
stores, book stores, and similar stores;
Office and Service: legal offices, medical/dental offices, travel agency, hair/beauty salon, other
administrative and professional offices, and similar offices and service uses;
Eating. Drinking and Entertainment: restaurants, cafes, ice cream shops, video rental,
delicatessens, and similar uses; and
WHEREAS, Community-Serving Retail, Office and Service, Eating, Drinking and Entertainment uses,
as those terms are used in this ordinance, do not include automotive-related uses, such as service stations,
automobile/vehicle brokerage, rental, sales, service and repair; and
WHEREAS, on July 21, 1998, the City Council also directed staff to prohibit any drive-through uses
on the Property; and
WHEREAS, on July 21, 1998, the City Council found that the approval of additional subdivisions, use
pennits, variances, building pennits, or any other applicable entitlement that would allow the future use of the
Property for automotive related uses, such as service stations, automobile/vehicle brokerage, rental, sales,
service and repair, would result in that threat to public health, safety and welfare; and
WHEREAS, on July 21, 1998, the City Council adopted a forty-five (45) day moratorium on the
acceptance, processing or approval of any applications or pennits for subdivisions, use pennits, variances,
building pennits, or any other applicable entitlement on the Property for any uses other than Community-
Serving Retail, Office Service, and Eating, Drinking and Entertainment; and
WHEREAS, due to staff needing additional time to complete the General Plan Amendment Study to
evaluate appropriate uses for the Property, on September 1, 1998, the City Council adopted Ordinance No. 12-
98 which extended for ten (10) months and fifteen (15) days, from September 6, 1998, until July 21, 1999, the
forty-five (45) day moratorium it adopted on July 21, 1998; and
WHEREAS, staff completed the zone change study and prepared a Planned Development (PD) District
Rezone and Development Plan for the Property in compliance with Ordinance No. 12-98, which rezones the
Property from the C-2, General Commercial Zoning District to a PD Zoning District; and
EXHIBIT 1
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WHEREAS, the application has been reviewed in accordance with the California Environmental
Quality Act (CEQA), the State CEQA Guidelines and the City Environmental Guidelines, and detennined to be .
exempt from CEQA because the project will not have the potential for causing a significant effect on the
environment. Any future development that is proposed for the project site will be subject to CEQA review; and
WHEREAS, the Planning Commission did hold a public hearing on the PD District Rezone,
Development Plan on November 10, 1998, and did adopt a Resolution recommending that the City Council
approve a Planned Development Rezone and a Development Plan for P A 98-049; and .
WHEREAS, proper notice of said public hearing was given in all respects as required by law; and
WHEREAS, properly noticed public hearings were held by the City Council on December I, 1998 and
December 15, 1998; and
WHEREAS, the Staff Report was submitted recommending that the City Council approve the
application; and
WHEREAS, the City Council did hear and use its independent judgment and considered all said
reports, recommendations and testimony hereinabove set forth.
WHEREAS, pursuant to section 8.32.070 and 8.120.050 of the Dublin Municipal Code, the City
Council makes the following findings:
1.
The Proposed Planned Development Zoning District and Development Plan (Stage I and 2) meet the
purpose and intent of Chapter 8.32 of the Zoning Ordinance because they will provide retail .
commercial and office uses that are appropriate for a site which is located at a major intersection within
the Dublin's downtown instead of automotive related uses, which would be possible under the
requirements of the C-2 Zoning District; and
2. Development under the Planned Development Zoning District and Development Plan (Stage 1 and 2)
would be harmonious and compatible with existing and future development in the surrounding areas
and especially with the residential area to the south due to the setback, parking and landscape
requirements of the Planned Development Zoning District and due to the prohibition of automotive and
drive-through uses that would likely cause land use incompatibilities with the adjacent residential uses,
and potential noise and air quality impacts; and
3. The PD Rezone is consistent with the general provisions, intent, and purpose of the PD District Zoning
District of the Zoning Ordinance in that it contains all information required by Chapter 8.32 of the
Zoning Ordinance for a Stage 1 and Stage 2 Development Plan and accomplishes the objectives of
Chapter 8.32, A through H, of the Zoning Ordinance; and
4. The subject site is physically suitable for the type and intensity of the zoning district being proposed
because it is located within a developed downtown area, was previously developed, and because it is
located adjacent to roadways which are designed to carry traffic that would be generated by the
proposed types of uses; and
5.
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 and welfare because the project has been
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built according to City laws and regulations and because the Planned Development Zoning District will
limit land uses to those which are appropriate for this site; and
6.
The proposed amendment is consistent with the Retail/Office designation of the Dublin General Plan
and the proposed use types are permitted by said designation.
NOW, THEREFORE, the City Council of the City of Dublin 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 ("Property") to a Planned Development Zoning District:
Approximately 1.06 acres at 7197 Village Parkway (APN 941-210-13) located at the southeast
comer of Village Parkway and Amador Valley Boulevard.
A map of the Property is outlined below:
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SECTION 2.
The regulations of the use, development, improvement, and maintenance of the Property are set forth in
the Stage I and Stage 2 Development Plan (Exhibit lA hereto) which is hereby approved.
SECTION 3.
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.
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PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin this 15th day of
December, 1998, by the following vote:
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AYES:
NOES:
ABSTAIN:
ABSENT:
Mayor
AITEST:
City Clerk
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STAGE 1 AND STAGE 2
DEVELOPMENT PLAN
This is a Development Plan for P A 98-049 pursuant to Chapter 8.32 of the Dublin Zoning Ordinance
for the property located at 7197 Village Parkway (APN 941-210-13), located at the southeast corner of
V~llage Parkway and Amador Valley Boulevard. This Development Plan meets all of the requirements
for Stage 1 and Stage 2 review of the project.
The land use designations for this P A 98-049 PD Zoning District are established to: a) accornn1odate 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 space for community facilities and institutions that
appropriately may be located in commercial areas; d) provide adequate space to meet the needs of modern
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 excessi ve 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 1A to the Ordinance approving this Development Plan
. (City Council Ordinance No. _ - 98), 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, Downtown Dublin Specific Plan, and provisions of
Section 8.32 of the Zoning Ordinance are satisfied.
A. Permitted Uses/Site ArealDensities:
Permitted Uses:
1. Community-serving retail uses, including, but not limited to:
a. General Merchandise Store
b. Discount Retail Store
c. Clothing/Fashion Store
d. Shoe Store
e. Home Furnishing Store
f. Office Supply Store
(T Home Appliance/Electronics Store
e.
h. Home ImprovementlHardware Store
1. Music Store
J. Hobby/Specialty Interest Store
. k. Gifts/Specialty Store
1. Jewelry and Cosmetic Store
m. Drug Store
EXHmIT lA
n. Auto Parts Store
o. Toy Store
p. Book Store
q. Pet Supplies Store
r. Sporting Goods Store
s. Grocery/Food Store
t. Video Rentals
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2. Office and service establishments, including, but not limited to:
a. Bank/Savings and Loan
b. Real Estaterritle Office
c. Travel Agent
d. Legal
e. Accounting
f. Medical and Dental
cr Optometrist
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h. Architect
l. Employment Agency
j. Hair/Beauty Salon
k. Cleaner and Dryer
1. Shoe Repair
m. Key Shop .
n. Tailor
o. Athletic Club
p. Formal WearlRental
q- Other Administrative and Professional Office
r. Technology Access Center
s. Tele-commuting Center
3. Eating and drinking establishments including, but not limited to:
a. Restaurant
b. Delicatessen
c. Specialty Food (e.g. bagel shop)
d. Bakery
e. Cafes
f. Ice Cream Shop
g. Sandwich Shop
Site Area: approximately 1.06 acres
Densities: .25 to .50 Floor Area Ratio
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Conditional Uses:
1. In-patient and out-patient health facilities as licensed by the State Department of
Health Services
2. Wine or liquor bar with on-sale liquor license
3. Micro-brewery
4. Video Arcade
5. Public and semi-public facilities (Governmental or institutional-type facilities. Public
facilities include: schools; libraries; city office buildings; Stat~, County and other
public agency facilities; post offices; fire stations; and utilities. Semi-public facilities
include: churches; theaters; community centers; and hospitals).
6. Community care facility/large (7 or more)
7. 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.
C.
Prohibited Uses:
1. Drive-In/Drive-Through Business
2. Service Station
3. AutomobileNehicle: 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 P A 98-049 PD Zoning District, use, development, improvement and maintenance
of property within this PD Zoning District shall be subject to the provisions 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.
Development Standards:
1. Setbacks
a. Front and Side Yard (street side):
minimum 10 feet
b. Rear (easterly property line):
minimum 15 feet (for first story)
minimum 25 feet (for second story)
minimum 35 feet (for third story)
c. Side Yard (southern property line):
minimum 5 feet
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d.
Vehicular access shall be maintained between this property and the property to the
south.
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2. Height Limitations
3 stories, 45 feet high
3. Parking
a. A~l 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 southern and/or eastern portion of the
property.
4. Landscaping
a. All required setback areas, including the corner 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
public safety.
5. Outdoor Seating
Outdoor seating for eating and drinking establishments are allowed within this PD Zoning
District and may be located in the westerly and northerly (street side) setback areas provided
these uses do not occupy more than 50% of the setback area.
F. Design Standards:
General Commercial Desi~n Standards
1.
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, balconies and window projections, which may
help produce a proportionate building and reduce the scale of larger buildings.
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2.
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 an attractive and distinctive accent to the
building.
3. 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
1. 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.
2. All furniture and accessories provided for the outdoor seating area shall be
compatible with the architectural design of the building.
3. 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.
Proposed Development:
1. Any new 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 pennit. The decisionmaker for the Site Development Review shall be the
Community Development Director (and his/her designee).
2. New office building developments shall be en~ouraged to include a mix of
community -serving retail uses, and eating, drinking and entertainment
establishment-type uses.
H. Site Plan and Architecture:
A Site Development Review shall be prepared for this project which shall provide a site plan, floor
plans, building elevation plans and any other applicable architectural plans or other documents as
required by the Director of Community Development.
I. Phasing Plan:
The project shall be constructed in one phase of development. If the Developer decides to construct
the project in phases, a phasing plan shall be submitted for the review and approval of the Community
Development Director.
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J. Landscaping Plan:
A preliminary landscaping plan in compliance with Chapter 8.72, Landscaping and Fencing
Regulations of the Zoning Ordinance shall be required for the Site Development Review.
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. .::..Stage 1 and Stage 2 Development Plan - .'.
Site Plan
7197 Village Parkway
(APN 941-210-13)
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Exhibit 1A Revisions
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STAGE 1 AND STAGE 2
DEVELOPMENT PLAN
. This is a Development Plan for P A 98-049 pursuant to Chapter 8.32 of the Dublin
Zoning Ordinance for the property located at 7197 Village Parkway (APN 941-210-
13), located at the southeast corner of Village Parkway and Amador Valley
Boulevard. This Development Plan meets all of the requirements for Stage 1 and
Stage 2 review of the project.
The land use designations for this P A 98-049 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 space for
community facilities and institutions that appropriately may be located in commercial
areas; d) provide adequate space to meet the needs of modern 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 1A to the
Ordinance approving this Development Plan (City Council Ordinance No. _ - 98), 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, Downtown Dublin Specific Plan, and
provisions of Section 8.32 of the Zoning Ordinance are satisfied.
A. Permitted Uses/Site Area/Densities:
Permitted Uses:
1. Community-serving retail uses, including, but not limited to:
a. General Merchandise Store
b. Discount Retail Store
c. ClothinglFashion Store
d. Shoe Store
e. Home Furnishing Store
f. Office Supply Store
g. Home Appliance/Electronics Store
h. Home Improvement/Hardware Store
.
EXHIBIT 2
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1. Music Store :'
. J. Hobby/Specialty Interest Store
k. Gifts/Specialty Store
1. Jewelry and Cosmetic Store
m. Drug Store
n. Auto Parts Store
o. Toy Store
p. Book Store
q. Pet Supplies Store
r. Sporting Goods Store
s. Grocery/Food Store
t. Video Rentals
2.
Office and service establishments, including, but not limited to:
.
a. Bank/Savings and Loan
b. Real Estateffitle Office
c. Travel Agent
d. Legal
e. Accounting
f. Medical and Dental
g. Optometrist
h. Architect
1. Employment Agency
J. HairfBeauty Salon
k. Cleaner and Dryer
1. Shoe Repair
m. Key Shop
n. Tailor
o. Athletic Club
p. Formal Wear/Rental
q. Other Administrative and Professional Office
r. Technology Access Center
s. Tele-commuting Center
3. Eating, and drinking and entertainment establishments including, but
not limited to:
.
a. Restaurant
b. Delicatessen
c. Specialty Food (e.g. bagel shop)
d. Bakery
e. Cafes
f. Ice Cream Shop
g. Sandwich Shop
h. Vidco Rentals
Site Area: approximately 1.06 acres
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Densities: .25 to .50 Floor Area Ratio
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B. Conditional Uses:
1. In-patient and out-patient health facilities as licensed by the State Department of
Health Services
2. Wine or liquor bar with on-sale liquor license
3. Micro-brewery
4. Video Arcade
5. 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).
6. Community care facility/large (7 or more)
7. 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 and Entertainment uses.
C. Prohibited Uses:
1.
2.
3.
Drive-In/Drive-Through Business
Service Station
AutomobileN ehicle: Brokerage; Rental; Repairs and Service;
Sales and Service; and Storage Lot
.
D. Dublin Zoning Ordinance - Applicable Requirements: Except as specifically
modified by the provisions of this P A 98-049 PD Zoning District, use,
development, improvement and maintenance of property within this PD Zoning
District shall be subject to the provisions 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.
E. Development Standards:
1. Setbacks
a. Front and Side Yard (street side):
minimum 10 feet
b.
Rear (easterly property line):
minimum 15 feet (for first story)
minimum 25 feet (for second story)
minimum 35 feet (for third story)
c.
Side Yard (southern property line):
minimum 5 feet
.
3