Loading...
HomeMy WebLinkAboutOrd 19-07 Custom Fireplace, Patio & BBQ ORDINANCE NO. 19 - 07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ******** AMENDING THE ZONING MAP AND ADOPTING A PLANNED DEVELOPMENT REZONE AMENDING THE STAGE 1 DEVELOPMENT PLAN AND ADOPTING A STAGE 2 DEVELOPMENT PLAN FOR CUSTOM FIREPLACE, PATIO AND BBQ LOCATED AT 7099 AMADOR PLAZA ROAD (APN 941-0305-026) PA 07-001 THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: Section 1. RECITALS A. By Ordinance No. 03-02 the City Council rezoned approximately 51 acres of land known as the Downtown Core Specific Plan area ("the Downtown Core Specific Plan") to a Planned Development Zoning District (P A 02-005) and adopted a Stage 1 Development Plan for the Downtown Core Specific Plan. The Stage 1 Development Plan is the Downtown Core Specific Plan which was adopted on December 19,2000. B. This Ordinance amends the Stage 1 Development Plan (the Downtown Core Specific Plan) to change the Retail/Auto land use designation to Retail/Office for the property at 7099 Amador Plaza Road (APN 941-0305-026) and adopts a Stage 2 Development Plan for the same property to allow for the expansion of an existing building for a retail establishment, namely Custom Fireplace, Patio and BBQ. Section 2. FINDINGS AND DETERMINATIONS Pursuant to Section 8.32.070 ofthe Dublin Municipal Code, the City Council finds as follows: 1. The Planned Development Rezone, amended Stage 1 Development Plan and the Stage 2 Development Plan meet the intent and purpose of Chapter 8.32 of the Zoning Ordinance because they provide efficient use of the Project site pursuant to General Plan and Downtown Core Specific Plan policies and establish permitted, conditionally permitted and temporary uses and other standards which will ensure that the Project will be compatible with commercial and public uses in the immediate vicinity. 2. Development under the Planned Development Zoning, amended Stage 1 Development Plan and the Stage 2 Development Plan will be harmonious and compatible with existing and future development in the surrounding area in that the proposed uses and development standards are consistent with the adopted Stage 1 Development Plan, as amended. Compliance with the Stage 1 Development Plan ensures that the Developer's Project will be harmonious and compatible with other existing and future development in the area. Through compliance with the adopted Stage 1 Development Plan, as amended, the Stage 2 Development Plan for the proposed Project will create a pedestrian oriented development with a pedestrian scale. Ord. No. 19-07, Adopted 9/18/07, Item 4.7 Page 1 of7 Pursuant to Sections 8.120.050 of the Dublin Municipal Code, the City Council finds as follows: 1. Development under the Planned Development Zoning, amended Stage I Development Plan and the Stage 2 Development Plan will be harmonious and compatible with existing and future development in the surrounding area in that the proposed uses and development standards are consistent with the adopted Stage 1 Development Plan, as amended. Compliance with the Stage 1 Development Plan, as amended, ensures that the Developer's Project will be harmonious and compatible with other existing and future development in the area. Through compliance with the adopted Stage 1 Development Plan, as amended, the Stage 2 Development Plan for the proposed Project will create a pedestrian oriented development with a pedestrian scale. 2. The Project site is physically suitable for the type and intensity of this Project in that it is intended to conform with City policies related to comprehensive planning in the Downtown Core Specific Plan area. The Project is designed to minimally affect the existing topography and terrain of the site, has adequate access, and compliments existing and proposed development in the surrounding areas. 3. The proposed Planned Development Rezoning, amended Stage 1 Development Plan and the Stage 2 Development Plan 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 Stage 2 Development Plan has been designed in accordance with the City of Dublin General Plan, Downtown Core Specific Plan and all applicable development regulations. 4. The proposed Planned Development Rezoning, amended Stage 1 Development Plan and the Stage 2 Development Plan for the Project are consistent with all elements and policies of the Dublin General Plan and the Downtown Core Specific Plan as proposed. The Stage 2 Development Plan conforms to the elements and policies of those plans including roadways consistent with the Circulation Element, adequate public facilities, and safe design as required by the Seismic Safety and Safety Element. Pursuant to the California Environmental Quality Act (CEQA), the City Council finds as follows: 1. An Initial Study/Negative Declaration for the Downtown Core Specific Plan was adopted on December 19,2000, incorporated herein by reference. 2. The Downtown Core Specific Plan states that major amendments to the Specific Plan are subject to additional environmental review pursuant to CEQA. The Project has been reviewed in accordance with CEQA and a determination has been made that the proposed Specific Plan Amendment is not a major amendment. Therefore, the Project is found to be Categorically Exempt from CEQA pursuant to Section 15332, In-Fill Development Projects. Section 3. MAP OF THE REZONE AREA Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code, the City of Dublin Zoning Map is hereby amended to rezone the Downtown Core Specific Plan area from a Planned Development Zoning District (PA 02-005) to a Planned Development Zoning District (PA 07-001). The amendment area is as follows: 20f7 Approximately 51 acres of land located north of Dublin Boulevard and west of the 1-680 freeway (Assessor Parcel Numbers: 941-305-10,12-2,22-1,26,27,28,29-2,31-2,32, 33, 36, 37, 38, 39 and 40). A map of the rezoning area is shown below: Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code, the City of Dublin Zoning Map is further amended to rezone the property at 7099 Amador Plaza Road from a Planned Development Zoning District (P A 02-031) to a Planned Development Zoning District (P A 07-001). The amendment area is as follows: Approximately 1.94 acres generally located east of Amador Plaza Road, north of the existing Safeway shopping center on a parcel of land designated by Assessor Parcel Number (APN) 941-0305-026. A map of the rezoning area is shown below: 30f7 Section 4. APPROVAL The regulations for. the use, development, improvement and maintenance of the Property are set forth in the Stage 1 Development Plan (the Downtown Core Specific Plan, as amended and hereby incorporated by reference) and the following Stage 2 Development Plan for the Project area which is hereby approved. Any amendments to the Stage 2 Development Plan shall be in accordance with Section 8.32.080 of the Dublin Municipal Code or its successors. STAGE 2 DEVELOPMENT PLAN This is a Stage 2 Development Plan pursuant to Chapter 8.32 of the Dublin Municipal Code (Zoning Ordinance) for the property located at 7099 Amador Plaza Road (APN 941-0305-026) and is adopted as a zoning amendment pursuant to Section 8.32.030.B of the Dublin Municipal Code. 1) Statement of compatibility with Stage 1 Development Plan. The Stage 2 Development Plan for Custom Fireplace, Patio & BBQ located at 7099 Amador Plaza Road is compatible with the Stage 1 Development Plan (Downtown Core Specific Plan) in that the Project includes the phasing out of an automobile sales and service land use and converts the land. to a use (retail commercial) consistent with the vision and requirements of the Downtown Core Specific Plan. 2) Statement of proposed uses. Permitted, conditional and temporary uses are regulated as follows: PERMITTED USES General Retail. General Retail shall mean retail trade establishments selling many lines of new and used merchandise directly to customers. Such types of stores and lines of merchandise include, but are not limited to, the following: Artist's supplies Artisan Auto parts (not auto repair or machine shops or any non-retail auto services) Bicycles Books Cameras and photographic supplies Clothing and accessories Department stores Drug and discount stores Dry goods Fabrics and sewing supplies Florists and houseplant stores (indoors or if enclosed by a partition) General stores Gifts Groceries Handicraft items Hardware Hobby materials Jewelry Locksmith Luggage and leather goods Mini-marts Musical instruments 40f7 PERMITTED USES (cont.) Novelties and souvenirs Newsstands Orthopedic supplies Parts and accessories Pet store Religious goods Small wares Specialty shops Sporting goods and equipment Stationery Toys and games Thrift stores and variety stores Other goods may be permitted if determined to be substantially similar to the above by the Director of Community Development. Retail sales shall not include sales of new or used automobiles, trucks, recreational vehicles, boats or trailers, nor shall it include auto brokerages. ProfessionallMedical Office. ProfessionallMedical Office shall mean an office or office building for the conduct of business, administration or professional services and outpatient medical services where these activities do not include the manufacture, storage, display (except for samples), or sale at retail of any merchandise on the premises including, but not limited to, the following: Accountant Acupressure Acupuncture Advertising agency Architect Attorney Broker (stock and bond) Business consultant Business management Chiropodist Chiropractor Collecting agency Dentist Doctors of Oriental Medicine Employment agency Engineer Financial services Herbalists Industrial management Insurance Landscape architect Loan agency Medical doctor Mortgage Company Optometrist Osteopath Philanthropic or charitable organization 50f7 PERMITTED USES (cont.) Physical Therapist Podiatrist Psychiatric/Psychiatrist Public utilities Real estate Sales representative Secretarial Telephone answering Travel agent Telecommuting center Other uses may be permitted if determined to be substantially similar to the above by the Director of Community Development. Leased Parking of Excess Parking Stalls for Safeway Employees. Leased Parking of Excess Parking Stalls for Safeway Employees shall mean the lease of surface parking spaces to the adjacent Safeway grocery store for the sole purpose of Safeway employee parking. All customer parking for the Safeway grocery store shall be provided on the Safeway site in accordance with the Site Development Review approval for the Safeway project. The number of parking stalls which may be leased for Safeway employee parking at any point in time is the difference between the total number of parking stalls provided on the property and the number of stalls required for the retail use(s) of the property at that time. CONDITIONAL USES Community Clubhouse Community Facility Hospital/Medical Center (inpatient medical services) Outdoor display of merchandise Outdoor storage of materials for sale Outdoor seating TEMPORARY USES Temporary uses are allowed with the issuance of a Temporary Use Permit in accordance with the Dublin Zoning Ordinance. 3) Stage 2 Site Plan. The Stage 2 Site Plan shall be as shown on Sheet 3 of the Project Plans prepared by Architectural Network, Inc., dated received by Dublin Planning on June 25, 2007 for PA 07 -001. 4) Site area, proposed densities. Site Area: 1.94 net acres (84,506.40 square feet) Commercial Square Footage: 66,760.06 square feet maximum Floor Area Ratio: .79 maximum (66,760.06 square feet) 60f7 5) Development Regulations. The Development Regulations for the Project shall be as shown on the Stage 2 Site Plan, Sheet 3 of the Project Plans prepared by Architectural Network, Inc., dated received by Dublin Planning on June 25, 2007 for P A 07-001. 6) Architectural Standards. The architectural standards shall be as shown in the Project Plans prepared by Architectural Network, Inc., dated received by Dublin Planning on June 25, 2007 for PA 07 -001. 7) Preliminary Landscape Plan. The preliminary landscape plans is shown on Sheet L-l of the Project Plans prepared by Architectural Network, Inc. (and Borrecco/Kilian & Associates, Inc.), dated received by Dublin Planning on June 25,2007 for PA 07-001. 8) Applicable Requirements of Dublin Zoning Ordinance. Except as specifically provided in this Stage 1 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. Section 5. USE. DEVELOPMENT. IMPROVEMENT AND MAINTENACE The use, development, improvement and maintenance of the Project area shall be governed by the provisions of the Dublin Zoning Ordinance and the Downtown Core Specific Plan except as provided in the Stage 2 Development Plan. Section 6. EFFECTIVE DATE AND POSTING OF ORDINANCE This Ordinance shall take effect and be in force thirty (30) days from and after the date of its final adoption. 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 39633 of the Government Code of California. PASSED, APPROVED AND ADOPTED BY the City Council of the City of Dublin on this 18th day of September 2007 by the following vote: AYES: Councilmembers Hildenbrand, Oravetz, Sbranti, Scholz and Mayor Lockhart NOES: None ABSENT: None ABSTAIN: None ATTEST: ~;: ~~~ Irlterim City Clerk 70f7