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HomeMy WebLinkAboutAttach 3 02-063 Adopt Ord Rezon RESOLUTION NO. 04- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE REZONING THE BANCOR PROPERTIES SAN RAMON VILLAGE PLAZA MIXED-USE DEVELOPMENT PROJECT TO PD-PLANNED DEVELOPMENT AND ADOPTING RELATED STAGE 1 AND STAGE 2 DEVELOPMENT PLANS (PA 02-063) WHEREAS, Bancor Properties (Applicant/Developer), on behalf of Morey Greenstein, Trustee and Manager for Oliver Properties, LLC (property owner) has requested a General Plan Amendment to change the land use designation to Mixed-use (retail office/medium density) -and a PD rezoning with Stage 1 Development Plan (DP) for the entire San Ramon Village Plaza site and to approve a Stage 2 DP for development of 56 medium density dwelling units and redevelopment of 14,377 sq. ft. of retail office building space and related parking area, which applications are on file in the Planning Division; and WHEREAS, the San Ramon Village Plaza property consists of approximately 4.62 acres generally located east of San Ramon Boulevard between Bellina Street and Alcosta Boulevard, (Applicant/Developer), APN#941-0164-001-04 & 941-0164-003-03 (A) (B), in the Dublin General Plan area; and WHEREAS, an Initial Study has been prepared to analyze the potential impacts of the project pursuant to CEQA Guidelines Section 15063. Based on the Initial Study, a Mitigated Negative Declaration and Mitigated Monitoring Program have been prepared for the project with the finding that with the implementation of Mitigation Measures contained in the Initial Study, the potential impacts of the project would be reduced to a level of insignificance; and WHEREAS, the Planning Commission did hold a properly noticed public hearing on the project on April 13, 2004; and WHEREAS, a Staff Report was submitted analyzing the project and recommending approval of the applications; and WHEREAS, the Planning Commission considered the Mitigated Negative Declaration for the project before making a recommendation or taking action on the project. The Planning Commission further used their independent judgment and considered all reports, recommendations and testimony before taking action on the project. NOW, THEREFORE BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this resolution. BE IT FURTHER RESOLVED that pursuant to sections 8.32.070 and 8.120.050 of the Dublin Municipal Code, the Planning Commission hereby finds as follows. ATTACHMENT '3 1. The San Ramon Village Plaza 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, and uses creative design and a mix of complementary uses to establish the project as a focal point for the area. 2. Development of the San Ramon Village under the PD-Planned Development zoning will be harmonious and compatible with existing and future development in the surrounding area in that the retail use of the site would utilize the existing road. The land uses and site plan provide effective transitions to the surrounding development of retail/office and residential. 3. The Site is a relatively flat, with existing infrastructure (including roads, sewer, storm drain, potable water, natural gas, and electricity) located immediately adjacent to the site with no major or unusual physical or topographic constraints and thus is physically suitable for the type and intensity of the proposed PD-Planned Development district. 4. The proposed 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 that the project will comply with all applicable development regulations and standards and will implement all adopted mitigation measures. 5. The PD-Planned Development zoning is consistent with the Dublin General Plan in that the project includes companion amendments to both plans which amendments were approved by the City Council in Resolution XX-04 on ,2004, and which amendments proposed the land uses and development plans reflected in the proposed PD-Planned Development district. BE IT FURTHER RESOLVED that the Planning Commission hereby recommends that the City Council adopt the attached Ordinance for a PD rezoning (Exhibit A) with related Stage 1 and Stage 2 Development Plan for development of the entire San Ramon Village Plaza Site. PASSED, APPROVED AND ADOPTED this 13th day of April, 2004. AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Planning Manager g:\PA02-063\PCResotoCC ORDINANCE NO. -04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING THE ZONING MAP TO REZONE PROPERTY AND APPROVING A RELATED STAGE 1 AND 2 DEVELOPMENT PLAN FOR THE SAN RAMON VILLAGE PLAZA PROJECT PA 02-063 The Dublin City Council does ordain as follows: SECTION 1: Findings A. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as follows. 1. The San Ramon Village Plaza 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, and uses creative design and a mix of complementary uses to establish the project as a focal point for the area. 2. Development of the San Ramon Village under the PD-Planned Development zoning will be harmonious and compatible with existing and future development in the surrounding area in that the retail/office and medium density use of the site would utilize the close proximity of 1-680 freeway and adjacent to public roadways. The land uses and site plan provide effective transitions to the surrounding development of retail/office and residential. B. Pursuant to Sections 8.120.050.A and B of the Dublin Municipal Code, the City Council finds as follows. 1. The proposed PD-Planned Development zoning for the San Ramon Village Plaza will be harmonious and compatible with existing and potential development in the surrounding area in that the mixed-use would provide effective transitions to the surrounding development including retail uses and single-farmily residential. 2. The Site is a relatively flat, with existing infrastructure (including roads, sewer, storm drain, potable water, natural gas, and electricity) located immediately adjacent to the site with no major or unusual physical or topographic constraints and thus is physically suitable for the type and intensity of the proposed PD-Planned Development district. 3. The proposed 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 that the project will comply with all applicable development regulations and standards and will implement all adopted mitigation measures. 4. The PD-Planned Development zoning is consistent with the Dublin General Plan in that the project includes companion amendments to both plans which amendments were approved by the City Council in Resolution XX-04 on ,2004, and which amendments proposed the land uses and development plans reflected in the proposed PD-Planned Development district. C. Pursuant to the California Environmental Quality Act, the City Council adopted a Mitigated Negative Declaration for the Project and a mitigation monitoring plan in Resolution XX-04 on __, 2004, as required to support approval of the project, including approval of the PD-Planning Development zoning. SECTION 2: Pursuant to Chapter 8.32, Title 8 of the Dublin Municipal Code, the City Council finds as follows: Approximately 4.62 acres on the east side of San Ramon Boulevard, between Bellina Street and Alcosta Boulevard known as the San Ramon Village Plaza and more specifically described as APN#941-0164-001-04 & 941-0164-003-03 (A) (B) ("the Property"). A map of the rezoning area is shown below: SECTION 3. The regulations for the use, development, improvement, and maintenance of the Property are set forth in the following Stage 1 and 2 Development Plan for the Project area, which is hereby approved. Any amendments to the Stage 1 and 2 Development Plan shall be in accordance with section 8.32.080 of the Dublin Municipal Code or its successors. Stage 1 and 2 Development Plan for San Ramon Village Plaza This is a Stage 1 and 2 Development Plan pursuant to Chapter 8.32 of the Dublin Zoning Ordinance. This Development Plan meets all the requirements for a Stage 1 and 2 Development Plan and is adopted as part of the PD-Planned Development rezoning for the San Ramon Village Plaza, PA 02-063. The Stage 1 and 2 Development Plan consists of the items and plans identified below, many of which are contained in the document entitled "Exhibit A-1 (project plans)", dated March, 2004 which is incorporated herein by reference. The PD-Planned Development District and this Stage 1 and 2 Development Plan provide flexibility to encourage innovative development while ensuring that the goals, policies, and action programs of the General Plan, and provisions of Chapter 8.32 of the Zoning Ordinance are satisfied. 1. Statement of proposed uses. The Development Plan for the San Ramon Village Plan provides for the development of a 4.62 acre site as a mixed use development in two development zones: Medium Density Residential and Commercial/Mixed Use (See Sheet 4 of Exhibit A-1 (project plans)). a. Permitted Uses (Medium Density Residential): 2. 3. 4. 5. 6. 7. 8. 9. 10. 12. 14. Single-family dwellings Multi-family dwellings Animal Keeping - residential Caretaker Residence Community Care Facility/Small Duplex Group Single-Family Garage sales Home Occupations Off-street Parking Lots Parking Lot - Residential Second Unit Small Family Day Care Home (1-8 children) Vending Machines Conditional Uses: 1. Boarding and Rooming Houses 2. Community Clubhouse 3. Community Facility 4. Bed and Breakfast Inn 5. Community Care Facility (Large) Accessory Uses: As provided for in the regulations and procedures of the Zoning Ordinance. b. Permitted Uses (Commercial/Mixed Use): 2. 3. 4. Bakeries Banks and Financial Services Bicycle Sales, Service and rentals Bookstores, except adult books tores o 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. Catering establishments Community Care Facility/Small Eating and drinking establishment Instructional Facilities Home Occupations Off-street Parking Lots Parking Lot/Garage - Commercial Office - Contractors (no exterior storage) Professional/Administrative/Business/Financial Repair Shop (non-automotive) Retail (General, neighborhood, service) School - commercial Shopping Center Specialty schools Studios/Photographers/Artists Vending Machines Temporary Mobile Home/Manufactured Home Conditional Uses (by Planning Commission): 1. Animal Sales and Services 2. Arcade 3. Automobile/Vehicle Brokerage, Rental, Sales, Repairs and Service 4. Automobile/Vehicle Rental 5. Bed and Breakfast Inn 6. Community Care Facility (Large)Boarding and Rooming Houses 7. Health Services and Clinics 8. Community Care Facilities/Large 9. Dance Floors 10. Day Care Centers 11. Drive-In/Drive-through Business 12. Nursing Homes 13. Community Clubhouse 14. Community Facility 15. Hospital/Medical Center 16. Hotel/Motel 17. Laboratory 18. Massage Establishment 19. Plant Nursery 20. Recreational Facility/Indoor 21. Service Station Conditional Uses (by Zoning Administrator): 1. Outdoor Mobile Vendor 2. Outdoor Seating 3. Temporary outdoor sales not related to on-site established business (Sidewalk Sale) Accessory Uses: As provided for in the regulations and procedures of the Zoning Ordinance. 4 Temporary Uses: The following temporary uses are allowed provided they meet the regulations and procedures of the Zoning Ordinance for Temporary Uses: 1. Tract and Sales Office/Model Home Complex 2. Arts and Crafts Fair 3. Fireworks Sale 4. Outdoor sale by established business establishment 5. Subdivision signs, office, sales and equipment yard 6. Temporary Construction trailer 7. Pumpkin, Christmas Sales Lots Note: Uses not specifically approved through the Site Development Review for the project shall require a Site Development Review Waiver approval by Community Development Director. Under the proposed tenant mix, restaurant uses would account for 5,500 square feet of floor area. Prior to approving a tenant improvement / City business license for additional restaurant floor area San Ramon Village Plaza, the applicant shall provide evidence to the satisfaction of the Community Development Director that parking available at the center is adequate to support additional restaurant uses. Dublin Zoning Ordinance - Applicable Requirements: Except as specifically modified by the provisions of this PD District Rezone/Development Plan, all applicable general requirements and procedures of the Dublin Zoning Ordinance shall be applied to the land uses designated in this PD District Rezone. 2. Stage 1 and 2 Site Plan. See Sheet 4 of Exhibit A-1 (project plans). 3. Site Area, Proposed Densities, Phasing and Development Regulations. PHASE NO. LOT/ MAXIMUM NO. ACRES DU'S I PD PARCEL DWELLINGS /AC STAGE NO. 1 1 43 & COMMON 2.23 19.28 land2 OPEN SPACE 2 3 13 .71 18.3 1 and2 SUBTOTAL: 56 2.94 1 and 2 Commercial 1 0 1.68 0 1 retail/office TOTAL 1, 2, 3 56 4.62 12.12 Residential Medium Density Homes (Townhome-style Condomimiums) Minimum Lot Size per d.u.: Maximum density: Minimum Site Area: 2,000 sq. ft. 56 units 2.24 acres Minimum Building Setbacks: 10' minimum A. Public Street Frontage: Front Yard Setback: Side Yard Setback: Rear Yard Setback: Stair landings: Porches: Elevated Decks: Architectural Projections/: details and bump outs 10' minimum; 5' minimum 10' minimum 0' minimum: 5' minimum 5' minimum 5' minimum B. Private Street Frontage: Front Yard Setback: Side Yard Setback: Rear Yard Setback: Stair landings: Porches: Elevated Decks: Architectural Projections/: details and bump outs 1 O' mimmum; 5' minimum O' minimum 4' minimum: Y minimum (from face of curb) O' minimum (from face of curb) O' minimum (from face of curb) C. Non-Street Frontage: Front Yard Setback: Side Yard Setback: Rear Yard Setback: Stair landings: Porches: Elevated Decks: 10' minimum; 10' minimum 10' minimum 4 ' minimum: 5' minimum 10' minimum Architectural Projections/: 5' minimum (from assumed property line) details and bump outs Minimum Site Width: 0 Maximum Site Coverage: Minimum Building Separation: 100% 1 O' minimum Maximum Height: Parking/Garages: Four or more dwellings: Three stories or forty five feet Accessory Structures: Height limits shall be as stated in the Dublin Zoning Ordinance. Studio/1 bed: One covered and one guest space for each two units Two or more Bed: two covered per dwelling units; one guest for each two units Two-car tandem garages: Permitted Compact spaces: 35% of total required spaces, maximum Commercial Retail/Office: Lot Area: A. Interior Lot: B. Comer Lot: Lot Width and Frontage: A. Interior Lot: B. Comer Lot: Lot Depth: 5,000 sq. ft. minimum 6,000 sq. ft. minimum 50 ft. minimum 60 ft. minimum 1 O0 ft. minimum Setbacks: A. Front: B. Side: C. Street Side: D. Rear: 20 ft. minimum 0 ft. minimum, except shall be 10 ft. where abutting residential 10 ft. minimum 0 ft. minimum Height: 36 ft. maximum Coverage: N/A Parking/Garages: Compact Spaces: As required by City of Dublin Off-street parking standards 35% of total required parking, maximum Architectural Standards. See attached Floor Plans and Elevations by The Dahlin Group, Sheets A. 1 through A-18, contained in Exhibit A-1 (project plans). Any modifications to the project design shall be substantially consistent with these plans and of equal or superior materials and design quality. o Phasing Plan. The site will be developed in up to two phases. Refer to Sheet 4 of Exhibit A-1 (project plans) Master Neighborhood Landscaping Plan/Preliminary Landscape Plan. Refer to Exhibit A-1 (project plans), Sheets L-1 through L-7, Preliminary Landscaping Plan by The Guzzardo Partnership. All Project monumentation and entry signs shall conform to Sheets L-6 and L- 7, Preliminary Landscaping Images and Details of the Project Plans. A Final Landscaping Plan will be required to be submitted and approved prior to building permit issuance.. General Plan Consistency. San Ramon Village Plaza project includes a General Plan amendment which modifies General Plan maps and text for the project. The project PD- zoning and this Stage 1 and 2 Development Plan shall not be effective until the above general plan amendments are approved and effective. Inclusionary Zoning Regulations. To satisfy the City's Inclusionary Zoning Ordinance (Dublin Municipal Code Chapter 8.68) and any amendments thereto, 12.5%, or 7 dwelling units in the project must be Inclusionary units in accordance with the regulations of the Ordinance. The Applicant/Developer shall construct all 7 units in Phases 1 and 2, and designate those units as for-sale ("ownership") Inclusionary units affordable to very low-, low-, and moderate-income households, and shall enter into an agreement with the City to impose appropriate resale controls and rental restrictions on the units, prior to recordation of final map 9. Aerial Photo. See Sheet 2 of Exhibit A-1 (project plans). 10. Applicable Requirements of 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 provisions of the Dublin Zoning Ordinance pursuant to section 8.32.060.C. 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 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 and after the effective date the San Ramon Village Plaza Project General Plan amendment. PASSED AND ADOPTED BY the City Council of the City of Dublin, on this __ following votes: of__ 2004, by the AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:\PA#~2002\02-063\City Council\pd ord.doc