HomeMy WebLinkAbout87-178 EneaPlaza(south)PD RezonTO:
FROM:
SUBJECT:
CITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date: February 1, 1988
Planning Commission
Planni.n_~ .taff ~ ~' '
PA 87-178 Enea Plaza <Southern Portion} -
Planned Development Rezoning request to rezone
the southern portion of Assessor's Parcel Number
941-1500-40~ on the west side of Amador Plaza
Road near Dublin Boulevard.
GENERAL INFORMATION:
PROJECT:
A Planned Development Rezoning request to rezone
the southern 3.0+ acres of APN 941-1500-040
(located on the west side of Amador Plaza Road
near Dublin Blvd.) from a PD, Planned ~
Development District (Alameda County Ordinance
No. 81-26 for 1464th Zoning Unit, allowing
administrative office uses with limited
ancillary retail use) to a new PD, Planned
Development District allowing a range of retail,
office, personal service and financial uses.
The rezoning request shall consider land uses
identical to those permitted pursuant to City
Council Resolution No. 41-87 and Planned
Development Application PA 87-018.
APPLICANT/
REPRESENTATIVE:
Initiated by Resolution No. 41-87 of the Dublin
City Council.
PROPERTY OWNER:
Sal & John Enea
7450 Dublin Boulevard
Dublin, CA 94568
LOCATION:
Southern 3.0+ acres of Assessor's Parcel Number
941-1500-040 on the west side of Amador Plaza
Road near Dublin Boulevard
ASSESSOR PARCEL NUMBER:
941-1500-040
PARCEL SIZE:
-3.0+ acres
GENERAL PLAN
DESIGNATION:
Commercial/Industrial - Retail/Office and
Automotive. The General Plan shows a new street
parallel to, and south of Dublin Boulevard
connecting Regional Street, Golden Gate Drive
and Amador Plaza Road. The 3.0+ acres is
located directly south of the proposed new
street.
COPIES TO: Applicant
ITEH NO. ' File PA 87-178
EXISTING ZONING
AND LAND USE:
The southern 3.0+ acre site is vacant. It is
part of a PD, Planned Development District from
Alameda County Ordinance No. 81-26 for the
1464th Zoning Unit allowing administrative
office uses with limited ancillary retail use.
The subject property lies with the boundaries of
the Downtown Dublin Specific Plan.
SURROUNDING LAND USE
AND ZONING:
ZONING HISTORY:
North: PD, Planned Development District.
Buildings are now under construction. They will
house retail and office tenants.
South: PD, Planned Development District
allowing administrative office uses with limited
ancillary retail use. This area is presently
vacant.
East: PD, Planned Development District.
Construction on the northern most portion is
nearly complete with a new retail office
building. The southern most portion is
currently vacant.
West: C-2, General Commercial District, Cro~m
Chevrolet auto dealership.
?/29/~3 -
~/1/~7 ~
4/1/70
5/~/7~
10/22/80
4/2/81
8/23/84
A Conditional Use Permit was issued
for a drive-in theater over the entire
22~ acre Enea Plaza holding.
Conditional Use Permits were approved
for an indoor theater at the northeast
corner of the property.
A Parcel Map was approved to subdivide
the property into five parcels.
A Site Development Review was approved
by Alameda County for the construction
of six office buildings at the end of
Amador Plaza Road (four were
constructed).
Approval was granted by the Alameda
County Board of Supervisors rezoning
the site from C-2, General Commercial
District to a PD, Planned Development
District (allowing C-O, Administrative
Office District uses and allowing C-O,
Administrative Office District uses
and allowing a racquetball club,
gymnasiutm, restaurant and other C-1
Retail Business District uses that are
determined to be compatible with C-O
uses (1464th Zoning Unit).
The Applicant submitted a Site
Development Review application to
construct a one-story retail building,
a two-story retail and office
building, and an addition to the
existing theater. This application
was found..to be incomplete and no
further a~tion was taken on the
application (PA 84-023).
-2-
2/25/85
9/25/86
lo/17/86
7/27/87
3/~/87
10/21/87
1/25/88
The Dublin City Council denied a PD,
Planned Development District Rezoning
request to rezone the northerly 16.3
acres of the Enea Plaza holding to a
PD, Planned Development District
allowing C-l, Retail Business District
type uses (PA 84-040).
The Dublin Planning Director approved
a Site Development Review application
for the construction of a three-
building 42,000~ square foot single
story retail complex (PA 86-071).
The Dublin Planning Director approved
an Administrative Conditional Use
Permit to allow a Christmas tree sales
lot on a portion of the Enea holdings
(PA 86-100).
The Dublin City Council approved a
rezoning request to rezone
approximately 5.0± acres from a PD,
Planned Development District allowing
C-O, Administrative Office District
uses and a limited range of compatible
C-l, Retail Business District uses to
a new PD, Planned Development Distric't
allowing a range of retail shopper,
office, personal service and financial
uses, including Parcels A, B, and a
portion of C of Parcel Map 2922. (PA
87-018).
The Dublin Planning Director approved
an Administrative Conditional Use
Permit to allow a temporary
construction trailer on a portion of
the Enea holdings (PA 87-029).
The Dublin Planning Director approved
an Administrative Conditional Use
Permit to allow a Christmas tree sales
lot on a portion of the Enea holdings
(PA 87-137).
The Dublin City Council continued the
appeal request to reconsider the
Planning Commissions action denying a
sign location Variance to allow the
construction of a wall-mounted
business sign which is not located on
the primary or secondary building
frontage of the retail space which it
is proposed to identify (PA 87-161).
APPLICABLE REGUk~TIONS:
The Downtown Dublin Specific Plan establishes policies and standards to
control land use and development within the downtown area.
Section 8-31.0 (Planned Development District Intent) of the Dublin
Zoning Ordinance states, in part, that the intent of the Planned Development
is to create an attractive, efficient and safe environment.
Section 8-31.2 (change in Zoning District R6quired}'of the Dublin Zoning
Ordinance states in part, that the proposed rezoning will benefit the public
necessity, convenience and general welfare and that a Planned Development is
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subject to review by the Planning Commission if construction has not taken
place within a two year period from the date the Planned Development is
approved.
Section 8-31.18 (Minor Modification of Land Use In Development Plans),
of the Dublin Zoning Ordinance states, in part, that minor changes to the
approved master plan may be approved by the Planning Commission upon the
securing of a Conditional Use Permit.
ENVIRONMENTAL REVIEW:
The city proposes to adopt a Negative Declaration
of Environmental Significance which finds the
proposed project will not have a significant
impact on th~environment.
NOTIFICATION: Public Notice of the February 1, 1988, hearing was published
in The Herald, mailed to adjacent property owners, and posted in public
buildings.
ANALYSIS:
On June 22, 1987 the City Council adopted Resolution No. 41-87
(Attachment 1) approving a PD, Planned Development Rezoning through Planning
Application 87-018. The rezoning permitted a change in land use from a
previous Planned Development (1464th Zoning Unit under Alameda County) which _
allowed administrative office uses and a limited range of retail uses
comparable with office uses, to a new Planned Development which allows a wider
range of retail shopper, office, personal service and financial uses.
Attachment 2 shows the uses allowed in the 1464th Zoning Unit. Attachment 3
shows the uses that are now allowed as a result of the City Council approving
PA 87-018. Attachment 4 shows the portion of the Enea holdings which this
rezoning was applicable to.
One of the conditions of approval of the new PD rezoning in PA 87-018
required that the applicant dedicate and fully improve a roadway through the
southern portion of Assessor's Parcel No. 941-1500-40 (see Attachment 1,
Condition #5 of Resolution No. 41-87). Attachment 4 shows the general
location of the road.
On November 24, 1987, the Eneas filed a lawsuit challenging the
Condition requiring the dedication and improvement of the proposed street
right of way. .As part of a settlement agreement, the Enea's have submitted an
irrevocable offer to dedicate the street right-of-way to the City, which the
City agrees to accept only when the rest ol the proposed road between Amador
Plaza Road and Golden Gate Drive is ready for construction. The settlement
agreement also requires the City to ititiate the planned development rezoning
process for a redefinition of the Planned Development to provide that the uses
permitted in the southern portion of APN 941-1500-040 shall be identical to
those uses permitted pursuant to City Council Resolution No. 41-87 and Planned
Development Application PA 87-018.
In compliance with the above Condition, the rezoning initiated by the
City Council is before you for consideration.
The land uses permitted by City Council Resolution No. 41-87 and Planned
Development Application 87-018 are listed in Attachment 3. The present land
uses allowed on the 3.0~ acres by the 1464th Zoning Unit are listed in
Attachment 2.
The proposed land uses are consistant with goals and policies of both
the General Plan and the Downtown Dublin Specific Plan. The General Plan
calls for retail, office and automotive uses. The Specific Plan calls for a
wide range of uses for this area, including retail, office, hotel, restaurant
and commercial facilities. Compatibility would be maintained if the same land
uses approved in PA 87-018 were applied to the 3.0~ acre site in question. It
is Staff's opinion that it is reasonable and appropriate to apply those uses
to the 3~0+ acre parcel with the clarification that "cocktail lounges" would
be considered as "taverns" under conditional uses.
-4-
It should be noted that the downtown~Dublin Specific Plan sets forth
policies that will apply to all future development on this site. These
include but are not limited to:
- encouraging better internal circulation amongst adjacent developments;
encouraging beter pedestrian connections among downtown developments;
- increasing the amount of retail development downtown and broaden the mix of
retail uses;
- improving the visual quality of the downtown area;
- providing at least 20% landscaping in parking lots and providing substantial
amounts of landscaping within new developments;
- maintaining flexibility to accomodate a BART station within the downtown
area;
- utilizing progressive and attrative arcb. itectural styles and themes;
- limiting building heights to 45 feet and floor area ratios to 30%;
- meeting parking space number and design requirements;
- screening parking lots with low walls and landscaping from adjacent streets;
and
- meeting all setback requirements.
It is emphasized that the Downtown Dublin Specific Plan be thoroughly reviewed
before submitting development proposals to the city.
If the planned development rezoning request is approved, all future
development on this site shall be reviewed through the City's Site Development
Review procedure. The balance of the site shall continue to be controlled by
the land uses listed in the 1464th Zoning Unit.
RECOMMENDATION:
FORMAT:
1) Open public hearing and hear Staff presentation.
2) Take testimony from Owner and the public.
3) Question Staff, O,~ner and the public.
4) Close public hearing and deliberate.
5A) Consider and act on two Draft Resolutions:
1) Draft Resolution regarding the Negative Declaration
of Environmental Significance for PA 87-178
2) Draft Resolution regarding the PD, Planned
Development Rezoning request PA 87-178, or
5B) Give Staff and Owner direction and continue the matter.
ACTION:
Based on the above Staff Report, Staff recommends the Planning
Commission adopt the following two Resolutions:
Exhibit A which recommends that the City Council adopt a Negative
Declaration of Environmental Significance for PA 87-178 and
Exhibit B which recommends that the City Council approve PD,
Planned Development Rezoning request PA 87-178.
ATTACt~MENTS:
Exhibit A - Draft Resolution recommending the City Council Adopt a
Negative Declaration of Environmental Significance for PA
87-178
Exhibit B - Draft Resolution recommending the City Council approve PD,
Planned Development Rezoning request for PA 87-178
BACKGROUND ATTAC~[ENTS:
Final Action Letter dated August 14, 1987 conditionally approving PA
87-018 including the following attachments:
-5-
City Council Ordinance No. 35-87 amending the Zoning Ordinance to
permit the rezoning of the real property located at the southeast and
southwest corners of the intersection of Amador Plaza Road and Dublin
Boulevard;
City Council Resolution No. 41-87 approving a PD, Planned Development
Rezoning concerning PA 87-018.
Alameda County Ordinance No. 81-26, amending Chapter 2, Title 8 of the
Alameda County Ordiance code relating to Zoning, Rezoning for the 1464th
Zoning Unit. It includes land uses permitted in the 1464th Zoning Unit
via the rezoning, and includes a copy of the land uses~ p~rmited under
the C-O, Administrative Office District.
Permitted land uses approved through__PD 87-018.
Location Map showing where PD 87-018 is applicable, where the general
location of the property is and where PD 87-178 is applicable.
.Dublin_City~ Council Resolution No. 106-87 approving a Release and
Set~lem~nt Agreement and City of Dublin Public Dedication Agreement2
Dublin City Council Resolution No. 105-87 amending Resolution No. 41-87
which approved PA 87-018.
Negative Declaration of Environmental Signigicance for PA 87-178.
Map of the area, an excerpt from the Downtow~ Dublin Specific Plan.
RESOLUTION NO. 88 -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT A NEGATIVE DECLARATION OF
ENVIRONMENTAL SIGNIFICANCE CONCERNING PA 87-178, ENEA PLAZAo(~SOUTHERN PORTION)
PLANNED DEVELOPMENT REZONING APPLICATION
WHEREAS, the Dublin City Council filed an application requesting
that the City rezone appoximately 3°0± acres of APN 941-1500-040 (located on
the west side of Amador Plaza Road near Dublin Blvd.) from a PD, Planned
Development District (Alameda County Ordinance No. 81-26 for the 1464th Zoning
Unit, allowing administrative office uses with limited ancillary retail use) to
a new PD, Planned Development District to provide that the uses permitted be
identical to those commercial uses permitted pursuant to City Council
Resolution No. 41-87 and Planned Development application PA 87-018 (which
allows a range of retail shopper, office, personal service and financial uses);
and
WHEREAS, the California Environmental Quality Act (CEQA), as
amended together with the State's Administrative Guidelines for Implenentation
of the California Environmental Regulations, requires that certain projects be
reviewed for environmental impact and that environmental documents be prepared;
and
WHEREAS, a Negative Declaration of Environmental Significance has
been prepared for PA 87-178; and
WHEREAS, the Planning Commission did review the Negative
Declaration of Envirorunental Significance and considered it at public hearings
on February 1, 1988,
WHEREAS, the City Planning Commission determined that the project,
PA 87-178, will not have any significant environmental impacts;
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission
recommends that the City Council find that the Negative Declaration of
Environmental Significance has been prepared and processed in accordance with
State and Local Environmental Law and Guideline Regulations, and that it is
adequate and complete.
PASSED, APPROVED AND ADOPTED this 1st day of February, 1988.
AYES:
NOES:
ABSENT:
ATTEST:
Planning Commission Chairperson
Planning Director
EXHIBIT
RESOLUTION NO. 88 -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMAMENDING THE CITY COUNCIL ESTABLISH FINDINGS AND GENERAL PROVISIONS FOR A
PD, PLANNED DEVELOPMENT REZONING CONCERNING PA 87-178,-ENEA PLAZA PD, PLANNED
DEVELOPMENT REZONING APPLICATION
WHEREAS, the Dublin City Council filed an application requesting that
the City rezone approximately 3.0~ acres o~ APN 941-1500-040 (located on the
west side of Amador Plaza Road near Dublin Blvd.) from a PD, Planned
Development District (Alameda County Ordinance No. 81-26 for the 1464th Zoning
Unit, allowing administrative office uses with limited ancillary retail use) to
a new PD, Planned Development District to provide that the uses permitted be
identical to those commercial uses permitted pursuant to City Council
Resolution No. 41-87 and Planned Development Application PA 87-018 (which
allows a range of retail shopper, office, personal service and financial uses):
and;
WHEREAS, the Planning Commission did hold a public hearing on February
1, 1988; and
WHEREAS, proper notice of said public hearing was given in all respects
as required by law; and
WHEREAS, this application has been reviewed in accordance with the
provisions of the California EnviroNmental Quality Act and a Negative
Declaration of Environmental Significance has been adopted (Planning Commission
Resolution No. 87-029) for this project, as it will have no significant effect
on the environment; and
WHEREAS, the Staff report was submitted recommending that the Planning
Commission recommend than the City Council conditionally approve the project;
and
WHEREAS, the Planning Commission did hear and consider all said
reports, recommendations and testimony herein above set forth; and
WHEREAS, the rezoning is appropriate for the subject property in terms
of being compatible to existing and proposed land uses and conforming to the
underlying land use designation and it will not overburden public services; and
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission
does hereby recommend that the City Council approve the PD, Planned Development
request subject to the following conditions:
1. The PD, Planned Development District development shall substantially
conform to materials from the Planning Commission Staff Report dated
February 1, 1988 including all attachments and exhibits on file with the
Dublin Planning Department.
2. Land uses permitted and conditionally permitted within this PD, Planned
Development District are as follows:
Permitted Uses
Retail commercial shopper goods establishments such as;
g
h
i
J
k.
General Merchandise Stores
Clothing Stores
Shoe Stores
Home Furnishings Stores
Home Appliances/Music Stores
Hobby/Special Interest Stores
Gifts/Specialty Stores
Jewelry and Cosmetic Stores
Ho~e Improvement Centers
Drug Stores
Auto Parts Stores
EXHIBIT
and similiar uses that offer comparison goods based on price and quality.
Eating and drinking establishments including the following:
a. Restaurant
b. Donut Shop
c. Ice Cream Parlor
d. Sandwich Shop
e. Specialty Food
f. Delicatessen
g. Bakery
h. Candy or Nuts
t. Health Food
Wine and Cheese with on-sale liquor license form State of California
k. Other eating and drinking establishment of similar intensity and
comparability as those listed above and determined to be appropriate by
the Planning Director
Personal Service establishments including 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. Handcraft Shop
o. Other personal service establishment~ of similar intensity and
compatibility as those listed above and determined to be appropriate by
the Planning Director.
Office uses including the following:
a. Optometrist
b. Medical and Dental
c. Legal
d. Accounting
e. Architect
f. Employment Agency
g. Real Estate
h. Other Administrative and Professional Office establishments of similar
intensity and compatibility as those listed above and determined to be
appropriate by the Planning Director.
Conditional Uses
The uses are permitted
a.
b.
d.
e.
f.
g.
h.
subject to approval of a Conditional Use Permit:
Community, religious and charitable institution facilities and uses.
Public facilities and uses.
Veterinary Office
Commercial recreation facility, other than a theater, if within a
building.
Tavern/Cocktail Lounge
Recycling Centers, when operated in conjunction with a Permitted Use on
the same premises.
In-patient and out-patient health facilities as licensed by the State
Department of Health Services.
Grocery Stores ~ .
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Prohibited Uses
All retail commercial uses defined as'convenience stores, including:
a. Liquor and Wine Stores
b. Drive-in and Drive-through Restaurants
c. Meat, Fish or Poultry Stores
d. Convenience Food Stores
e. Other stores which sell food and other household goods for consumption
in a short time
f. New and used vehicle sales and/or vehicle repair and service, service
stations
g. Residential uses
h. Industrial uses --
Prior to any type of development occuring on this 3.0~ acre parcel, the
development shall gain Site Development Review approval(s) and shall comply
with all applicable conditions of approval.
Except as specifically modified by these Conditions of Approval,
development and operation of land use activities within this PD, Planned
Development District shall be subject to the provisions of the C-O,
Administrative Office District of the City of Dublin Zoning Ordinance as
with regards to minimum/maximum development criteria and signs.
Developers are advised that the subject site is within the boundaries of
the Downtown Dublin Specific Plan and all development resulting on this
3.0+ acre site must comply with the Goals, Objectives and Implementation
policies of that Plan including, but not limited to the following:
A. Utilizing a maximum floor ratio of 30%. The proposed road area will
not be excluded when determining the maximum floor area ratio for APN
941-1500-040, unless the offer of dedication has previously been
accepted by the City.
B. Meeting all setback requirements.
C. Screening parking lots with low walls and landscaping from adjacent
streets.
D. Meeting parking space number and design requirements.
E. Limiting building heights to 45 feet.
F. Utilizing progressive and attractive architectural styles and themes.
G. Providing at least 20% landscaping in parking lots and providing
substantial amounts of landscaping within new developments.
H. Improving the visual quality of the downtown area.
I. Encouraging better internal circulation amongst adjacent developments.
J. Encouraging better pedestrian connections amongst downtown
developments.
PASSED, APPROVED AND ADOPTED this 1st day of February, 1988.
AYES:
NOES:
ABSENT:
ATTEST:
Planning Commission Chairperson
Planning Director
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Developr ~ * Services
P.O. Box 40
Dublin, CA 94568
..- : , / Fl arming/Zoning 829~4916
'..': ~i, '~ ~3uilding & Safety 829-0822
Engineering/Public Works 829-492~'
FINAL AGTION LETTER
Re. Planning Applicaton #:
Finance Control #:
Project/Site Address:
Assessor Parcel Number(s):
Date: August 14, 1987
PA 87-018 Enea Plaza - PD, Planned Development Rezoning
request to-rezone approximately 5.0+ acres to ~llow for
a range of retail shopper, office, personal service and
financial uses within a new three building - 42,000+
square foot single story retail complex (from PD
1464 Z.U. - Alameda County Ordinance No. 81-26).
32132
Southeast and southwest corners of the intersection of
Dublin Boulevard and Amador Plaza Road
941-1500-38-1 and the northerly 2.78~ acres of
941-1500-40
Applicant:
Robert Enea
3470 Mt. Diablo Boulevard, Suite 300
Lafayette, CA 94549
Property Owner:
Sal & John Enea'
7450 Dublin Boulevard
Dublin, CA 94568
Dear Applicant:
The above referenced project was acted upon on July 27, 1987, by the:
Zoning Administrator
Planning Director
Planning Commission
__City Council
and was:
Approved
~pproved Subject to Conditions
Denied
Findings and Conditions of Approval are attached. Please note that on July 27, 1987,
the City Council waived the second reading and adopted Ordinance No. 35-87, amending
the Dublin Zoning Ordinance and rezoning the property identified as Assessor's Parcel
Map No. 941-1500-38-1 and the northerly 2.78~ acres of 941-1500-40. The Ordinance
will become effective August 26, 1987.
ATTACHMENT
ORDINAI~CE ~0, 35-87
OP. DII~ANCE .OF THE. G.!T'.f...0F DU.BLIN AMENDING ..T'HE ZONI~]G ORDII~A~;GE TO PERMIT,
THE 'REZONING OF REAL PROPE?.TY LOCATED AT THE souTHEAST AND SOUTHWEST
COR~ERS OF THE II.~TERSECTION OF AMADOP~ PLAZA ROAD AND DUBLIN BOULEVARD
The City Council of the City of Dublin does 'o~dain as follows~ · .. .........
Section
Chapter 2 of Title 8 of the Dublin Ordinance Code is hereby amended in the
following manner: -
· Approximately 5.0 acres generally located at the southeasg and southwest
corners of the intersection of ;~ador Plaza Road and Dublin Boulevard, more
specifically described as Assessor's Parcel Number 941-1500-038-1 and the
northerly 2.78~ acre portion of the 5.83~ parcel identified as Assessor's Parcel
Number of 941-1500-0~0, are hereby rezoned from PD (1464th Zoning Unit) to a PD,
Planned Development District; and PA 87-018 Enea Plaza, as sho~m on Exhibit A
(Negative Declaration of Environmental Significance) and Exhibit B (Approval,
Findings and General Provisions of the PD, Planned Development Retorting) 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 depicting the rezoning area al%owing a range of retail shopper,
· office, personal se.-vice and financial uses is outlined below:
Section 2
/his Ordinance shall take effect and be enforced thir~/ (30) days from and
after its passage. Before the expiration of fifteen (15) days after its passage,
it shall be published once, with the names 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 ~%e Ci~/ of Dublin, on this 27th
day of July, 1987, by the following votes:
AYES: Cm. Hegarty, Moffatt, Snyder, ¥onhe~der, and Hayor Jeffery
NOES: None
ABSENT: None
City Cierk'
RESOLUT!0~ NO, 41 - g7
A EESOLUTI0~ OF THE CITY C0~CIL
OF THE CITY OF DUELIN
APPROVING ;2~D ESTABLISHING FINDINGS AI~D GENEP~AL 2ROVISIONS
FOR A PD, PLANNED DEVELOPMENT ILEZONI~tG CONCkq{NING PA 87-018,
ENEA PLAZA PD, PLA~UNED DEVELOPM_ENT ~EZONING APPLICATION
~HEp3_AS, Robert Enea, representing Job~& Sal Enea, filed an
application to rezone approximately 5.0 acres from a PD, Planned Development
District allowing C-O, Administrative Office District uses and a limited rang~
of compatible C-I, Retail Business District uses to a new PD, Plaruned
Development District allowing a range of retail shopper, office, personal
se~ice and financial uses, involving Parcels A, B, and a portion of C of
Parcel Map of 2922; and ..
~HE~KEAS, the Planning Commission did hold a series of public
hearings on said application concluding with a hearing on I~ay 4, 1987, at ~nich
time the Pier,hint Commission adopted Resolution No. 87 - 029, recommending
approval of the PD, Planned Development Rezcning raques~ for FA 87~0!8; and
~'HEi~F-~S, the City Council did hold public hearings on said request
on May 26, 1987, June 8, 1987, and June 22 1987; and
~-ME.~3-!S, proper notice cf said pdblic hearings was given in a~l
respects as required by law; and
~{E.~_~=~S, the Staff rep~r~ was submitted recommending that the
request be approved subject to Conditions prepared by S[aff and reflected in
Plam~ing Commission Resolution Nc. 87 - 029; and
~-HEKF-~S, 'this application has been rewiewed in accordance with the
provisions of the California Environmental Quaiiv/Act and a Negative
Declaration of Envirop~ental Si~.ificance has been adopted (City Council
Resolution Resolution No. 40 - 87) for this project, as it will have no
significant effect on the enviror~ent; and .
%~HE.~IS, the City Council did hear and consider all said reports,
recgmmendations and testimony herein above set for~%; and
~XqE~S, the reaching is appropriate for the subject proper~y in
~ezur~..s of being compatible to existing and proposed land uses and conforming to
the underlying land use designation and it will not overburden public se.~-vices;
and
~[HERLAS, the rezoning will not have a substantial adverse affect on
health or safety or be substantially detrimen:al to the public welfare or be
injurious to property or public improvement;
NOW, THEREFORE, BE IT KESOLVED T~T IRE Dublin City Council does
hereby approve the PD, Planned Development Rescuing reques~ subjec~ to the
following conditions:
1) The PD, Planned Development District's development shall substantially
conform to materials from the City Cou~ci! Staff Report dated~ay-8-, 1987,
labeled Exhibit D, and Attachments 2 and 3, on file with ~he Dublin
Planning Department. '
3)
~)
The PD, .Planned. Development' District's development shall substantially '
conform with the Site Develop~en~ Review request approval granted under PA
86-071 or a new Site Development Review shall be processed for each phase
of development of the PD, Planned Development District.
Any new Site Development Review and/or.'C'ondi~ional Use Permit request
processed for this PD, Planned Devel0Pment.~District may modify-the pad
locations, circulation system, architectural design, landscaping plan,'
floor area, and other related design items if it is found to be in the
best interest of the City to do so.
Uses within this PD, Planned Development~District shall substantially
comply with the Applicant's listing of retail shopper, office[personal
service, and financial uses from the Planning Commission Staff Report
dated April 6, 1987 labeled Attac.hment 2 on file with the Dublin Planning
Department.
%-ne Developer shall dedicate and fully improve the segment of the proposed.
road parallel to Dublin Boulevard which passes through the southern.
portion of APN 941-1500-040. This proposed road has been identified as
needed for the buildout of the do,~ntow~ area in the Draft Dublin Do~-ato-4n
Specific Plan (including the buildout of this property). The new roadway
is to run bet-~een ;~ador Plaza Road in this project, west-~ard to Regional
Street, and is to be located south of .the retail complex currently under
construction. The exact location and width will be deterained by the City
through further detailed studies.
%'ne timing of this dedication and the i~provements shall be as follow:
a) At such time as the future development of any portion of tlne
southerly portion of. tlne parcel throu~u m;nich this road is proposed
to pass is approved by the Cindy, the Developer shall dedicate 'the
right-cf-way and consUl=ct the road izprovements; or, in the
alternanive, the Developer shall dedicate the rigb.:-of-way.and
provide to the City security in an a--cunt and fora approved by the
City guaranteeing such construction at such ti~e as rPne remainder
of tlue proposed street is to he const.--acted by others.
b) If prior to the future development of any portion of the southerly
portion of the parcel through which r.his road is proposed to pass,
the remainder of the proposed street is to be con~t.-ucted by
others, the Developer shall at that ti~e dedicate tl~e right-of-way
and construct the road improvements.
6)
c)
Prior to and as a further condition of this rezonin§, ~e Developer
and the City shall enter into an agreement embodying the above
conditions ~nd guaranteeing construction by the Developer of the
improvements mentioned herein.
a)
These conditions shall be recorded in the Office of the Recorder cf
Alameda County by the Developer.
Except as specifically modified by the above listed Conditions of
Approval, development and operation of land nse activities within this
Planned Development District shall be subject to the guidelines of the
C-i, Retail Business District of the City of Dublin Zoning Ordinance as
regards both land use restrictions and minimun/m~ximu~ development
criteria.
-2-
Bel APR -8 PA I: 29 .... .,:'-~
. AE~I;(Eu;~ Cud,~l { ;SLAhhlN(
DEPARTV. DIT
· Co :a hereby amended ir'-
Chaptec ,'t. of Titte $ of the ,--,
the loll. owing mannas: : ....... . ......... : ...... ...:7-. :.
oaa pa¢ceL containing appro:cLmately 23.49 acxes located a~- ..
7450 Dublin Boulevard, south side, across fro.~ A.ma.~8ox PLaza "
Road, Bubl±n bearing County Assessor's designation: Map 9~1-, "
Block 1500, parcel 16-lO, as sho~.m on the ¢.~p LabelL'ed =:,~Lo_t A,
t464th Zoning Unit" on file with the Alameda COunty Planning
Com_nisiion at-399 E!=_hurst Street, HaT..;ard, California. is
hereby rezoned I --
fro.-., the C-2 (General Co~ercial) D{s.-rict to a ~ (Planned Develooment)
District allowing C-O uses subject tu the provisions of that district,
and ~ racquetball club, gymnasium, restgurant, and other commercial, uses
allowed by the C-1 (Retail Business~ District where such uses ara determined
through Zoning ApproOal to be of similar inten-¢itY to and compa=fb!a with
C-O uses, with all uses subject to C-O District regulatfons{
A map of the Unit is as follows:
1464th Z0~ING t:N~T I__ I ,
DECEHSER 15S0 O' 275' 550'
SECTION I£
This Ordinance shall take effect and be in force thirty (30) days from and after the
be published once with the names of ~e members vo~ing fo~ ~d against hhe ~me in
~E INTER-CI~ EXPRESS , a newspa9~ published in ~a said Comity of
ADOPTED by ~e Board ef Supervisors-6[ the Couaty of ~am~a, S~ate of .
Califo~n'ia, on
AYES:
MOES:
EXCUSED:
Aoril' 2 , 19 81 , by the following called vote~ -
Supervlso~s Cooper, Excell, George, Santana and Chairman Bott - 5
Supervisors - None "
Supervisors - None
ATTEST: WILLIAM MEHRWEIN, Cle,'kof
the Bem-d of Supervisors of the County
of Alameda, State of California
By WILLIA>I ~I=.,R,~FIN
JOSEPH P. BORT
Chairman of the Board of Supemzisors ·
of the County of Alameda, State of.
California
~ ovided th°t the Side Yard on the. Street~ side of a Corner Lot sh~_!l have
i'r ..... --~ "-- ~i£tee= <15) 'feo~ and that My Side Yard whi=h /
gro~.d cover~ge, c~lc~zted as pro~_Eed, in Section 8-60~50,"sh~' net
exceed forty (~0~ p~r cent of .the. ~=sz. of the-~. ~ cpe~:portic~
cf the lc~ sh~ be ~ded ~nd ~sd .to st~ud~ds ~rov~d~bY .the
8-45.8 SIGNS: H-i DiS~ICTS. Si~us pe~itted subj~c~
Size: ~ea of al! signs not to encee6 txeo (2) square.fast for.each one
(1) linezl foot ef primary BuilSing ~rontage and one' (1) squ~r~ foot for
each one (!) linezl foot of Seccnda~ BuilRin~ ~rcu=zEe, up
of two hun6re6 (200) square fast for each business, ~rovi8e6 tha~ each
business is guaranteed fifty (50) square feet of ~i~ area.
~pe: Bnsinesa Sign~. ..
Locatioc: Wall Signs. . '
Freestanding Sign~ aa fcllo~s:' no more tha~ 8ne (!) Free~t~gin~
shall be pe~itte~ for each lot, trendy-five (2~) fast maxSr~ h~ishz~
one hundred ~ (l~O) scuare f~t m~ to~a!
Charzctar: No sign shall be flashing or inter, tush:, contain moving
R Dis trier..
(J~ende6 by sec. 3, Or6.
c_ap~e_ for M-P districts
co~crn to tms perforn~ucs studies of this ~= '
set forth ~n ~ec~.c,~ ---
(D=endsd by sec. 6, Ord. 69-83)
Dis~ricts~ here~zfter designated as C-O Disbricts~ are estabEished
to ~revide for' the !ccztion of 'offices for profession~ se~gce~ and
- ~ ~ =s which ~e ch~zcterized by ~ !~ vo!~e cf~
for business ac~ .....
di~s~er contact; ~nd to encc~age such de~!opmenc
-~ ~~ ~ in a~acsnt '~stricts~ ~ith s'~tab!e ocen
=%t~=~c~ ~ g_e=s ~=~ conve~er.u access from, but not '~
oz ~. .... .i .... ]~ ...... ~!v adjacent to a z~ti=le
de ve!c~m~ nt. ' .
8-46.1 c ~dinE:
a) O{'fice or office b~ldi~ for the conduct of bus~uess, a~strator
or professicn~ services, where these acti,~ties do not include
the m~nufact~e, storage~ ~sp!ay except
retail of ar~ m~rch~dise 6n the pre~ses; inc!udi~ but not
l~ted to the fo~ t~as of office cccu~cy --
. .Acco~tant,'.adver~ising~ archi~ect~ attor~ey~' ~oker (~ock and.'--- ,
'" ~ond)~' %usinesS cons~tant~ %~ines$ ~gement~ ~h~r~odist,. ' '
J kngineer, finance~ industrial ~nagamen~, instance: la,scape
architect~ loan agency: mortgage: optcmagrist] .oste~ath,' - '
' ut~tizs,' .real estate,, sales .rep~e~en~ativef.secretarial: .' ·
~social'.services ~' .te!e2hone anr;ering~ ~rave!. agent;
c) 'Elue...prin~i~ .or othe: coping ser-~ce; : - .- ..... '.
d) -C125house~ or'rooms used-%y.me~o~rs'of.an orga~zed-c!~ lodge.,..-- "
~ion.or socieby; .............
e) Medfcal la%oratory/ dental .laboratory. -- _. · ' ' :' ..-.. ]
. .'.. ~ 8-k6.2 CO~ITiO~'~ES: C-O DIS~CTS. in ad~tionr~o-the.uses ~ted-fo~'-:
Sections .Sf60.60.and 8-61..0~ the fo~c;i~ are Con,flout'Uses in a C-O ::-:-
Distric~ and sh~n] %e pe~itte~ crny-if a~rcvei %y the Zoning Administrator..-
as pro,_dad.in Section 8-~.0: " -
' ~armacy~ .!i~tad'to the s~e of ~s ~.me~c~ z~ol~ks-~___~ : .
'' . ~ ~es~a~ant...or re~a~ .store %-blot-serves ~r~r~y.the
~_st~-~ E~!din~s .~ .the sa~e District: or the~_..c!iezts or... _
p~ irons ~ .
. ~ d) Eese~rch or deve!opmen~ .!~bora~ory, except ~hose..e~Es6 ~
manuf~t'~e of produc~s for cc~erci~ s~e or.~stribu~icn
exc!udi~ any which producer or ms ~c~.c ~ke!y.to producs any
snoke, dust, odors, g!zr~ or ~brztious chservab!e outside the
bu~di~ or portion ~hereof in ~ch Use;
e) Psr~i~ lot; .
(~ended by sec. ~ ~d. 69-2B~ ~men8e6 by sec. 14, Ord.
'(~ase~ on sec'. k, Ord. 69-83)
6 8-46.3 BD~D~G Si~: C-O DiS~!CTS. Every Use ~u a C-O ~_strict
De O ...... o - ,
~ 8-46.4 ~q~: C-O DiSC/CTS. ~e y~d ......... ' in C-O Districts
sha~ be a~ ~o~ows, s~mject to the general ~rcvisions of Section 9-520:
~oth of Front Yard - not !ess than t%'enty (~) feet;
~th of Ra~ Yard - not !ess than tan (!O) feet;
Width cf Side Yards - not !ess than ten (!0) feet.
8-46.5 P~IGH~ O? 5~C~: C-O DiSC!CTS. ~capt as other,isa provided in
Smctions 8-60-9 and 8-60.10~ no ~ai!dir~ cr St~act~a in a C-O ~strict
sha~ have a Height in excess of th_r.y-~_~ (35)
· - '. ' ':...: .... , :.../:.~, ~,'; ~.~',-~}'~m. .:~'~'~m:'~. .
8-46.6 CO~ L~!TATIONS: C-0 DI~S. ~ C-0 Districts the aggregate ground coverage~ .calculated as"provide~ ~='S~io~"8-60.50,
~hall not excee~ ~50) per cent of the~raa of the~9.~. 'All open . t. .
dust free condition, eichar'by.:landscaping or by pavifig] 'rd' ~th=dards . . : ~... ..
approved by th~- Zdning ..A~nis~ra~or- __.'- _. .......... ~ .. . ..:
~pe: Business Signs. "
Size: J~ea of ali' signs not to-exceed one.(1), squ~r~ foot..~or.each . .-..".'
Building Frontage~'-'up -'to--a'-.max~ of fifty '(50)"sh~u'ar~'-f~'f~ for"each'
business, prc~ded,l however f that 'e~ouai~Fss zs ~uar~nteed ~an~y- '.
five (25) scu~re feet of"sign area.
Locatzon: Wall Si~s ~ ..... .. -- .. -.'--.
Character: No si~ns sh~ll be flashing or ~e~tta~,]~n~a~ zoving.
parts, or be located so' a%.~ol'he'6irec:ad towar'd~ laz~s'.~'kn~' .........
(J~ended by sac. 3~ Ord. 74-1) ...:.. _. .
8-46.7.1 OFFICE ~Ui~LYG ~-~ ~Eh~iCATiON S!~: C-O DIS~iCTS.
In addition to sig:.s pe~itted by Section 8-46.7 hut ~ub'je~'¥~'_ . Sec-
tion 8-60.68 and aa qualified below ~n office bui!d~g may be per-
mitted an office ~ui!ding M~star Identification Si~: subjec% to Si~e
De~e!c=men~ Review pursuant to Sec~io~ 8-95.0. The Office Bqi!ding
Master !dantific~tion Sign shall be in architecture! hk~ny ~th the ..
design of tko buildings ~endad to ~e iRent~iad, ~ wall-mounted By
its design as an integral par~ of the wall of the building to which
it is attached and if ~reesta..cz~= t..en l~itad t= z lsw-pr~fi!e
~ign r. ct exceeding eight (8) feet in height with its =eons of support
c=ncaaled ~.d located within a plantar of appropriate ~ensio~. The
Office ~ui!ding Master Identification Sign shall mot ~caed fifty (50)
square feet in area, shall be pe~it=ed for office building which con- -
.tains no l~ss than four (4) tenants or any ins~i:u:iozal use, and tho
copy shall include only the n~a of the office c~lex or- institutions!
(j~ended by sec. 2, Ord. 74-1)
8-46.8' O~R ~G~TiONS: C-O DIS~'ICTS. Ail nse~ i= C-O Districts
shall ccmfo~ to'the perfo~anc~ st~dards of this Ckzpter for
districts as set forth in Section 8-50.1.
(Amended hy ~ec. 4, Ord. 69-83)
peri. itt ed Uses
Retail commercial shopper goods ~lts~n~s ~ch ~nerml ~rc~di~ Stor~
e. ~ Appli~ces~ic Stor~ . ......
f. ~y/S~i&l Intere~ Stores _
g. Gifts/S~i~ty Stores
3- ~ Stores
k. Au~ p~s Stores
s~l~ ~es t~t offer ~i~n ~ b~ on pri~ ~d q~ity.
Ezt~g ~d ~i~ng e~mb!is~nts ~clud~g, ~ not 1~ to, the foll~ng:
c. ~n~
Ice ~e~ P~lor
g. ~tessen
h.
i- ~dy or ~ts
j. He,th Ye
k. ~e ~d Cn~se with on-~le liq~ ti~e f~ Stzte of c~iforniz.
not limited to, the following:
the following:
pe~scnal Service e~ablis,~ents including,
a. Beauty Shop
b. Barber Shop
c. Shoe Repair
d. Clezner and Dryer
L~undry
f. Figure Salon
g. Photographer
h. Fortaz! Wezr/F~nt ~!
i. Interior Decorator
Travel A=~ent
k. Key Shop
1. Dressmaking ' dr Knit{ing
m. T~ilor Shop
n. Fzzndcr ~ft Shop
Office including, but not lira/ted to,
a. Opt cmetrist
b. Medical and Dental
c.
d. Accounting
e. Architect
f. Empto~Dent Agency
g. Bell Estzte
h. Ot~er Administrative ~ud Professiou~l Office
.
,TTACHMENT
Subject to approval of a Conditional Use Permit:
a. Ccn~m~nity, religious and cbm-ritable' ir~tit~ion facilities and uses.
b. Public facilities and ases.
c. Veterinary Office
f. Recycling Centers, when operated in conjunction with a Permitted Use on
the s~me prenises.
g. In-patient mud out-patient hes_lth facilities as licensed by the State
Department of Health Sez";ices. -
~...i.;=.- · - . h ...... Grocery Stores .... ~.. .......
Prohibited Uses
All retail cccmercial u~es defined as convenience stores, including:
a. LiquDr ~nd Wine Stores
b. Drive-in and Drive-through P, estaurants
c. Meat, Fish or Poultry Stores .
d. Convenience Food Stores
and other Cores which sell food mud o%her b0uaehold gocds for consuraption
in a short time.
New smd used vehicle sales and/or vehicle repair ~nd service, service stations.
P~sidential rises.
industriz!usas.
SEE ~1 II:F_'r 'll:I '.-
(
ATTACHMENT
A ~ESOLUTION OF THE'CITY COUNCIL
APPROVING A RELEASE AND SETTLEMENT 'AGREEMENT
AND PUBLIC DEDICATION AGREEMENT
WITH JOHN AND SAL ENEA:
WHEREAS, ~n June 22, .1987, the City COuncil adopted
Resolution No. 41-87, Approving and Establishing Findings and-
General Provisions for a Planned Development~Rezoning concerning
Planned Development Application PA87-018; and .!' ·
WHEREAS,f John Enea and Sal Enea have, on November 24,
1987, filed Action No. H129689-3 'in Alameda County Superior Court~,
challenging the validity of a certain condition imposed by .~the
City of Dublin for approval of Planned. Development.. Application
PA87-018; and '
WHEREAS, in order to compromise and settle said.laws'uit,
the city believes it is in its best interest to enter into the
attached Release and Settlement Agreement and Public Dedication
Agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Dublin does hereby approve the attached Release and
Settlement Agreement and Public Dedication Agreement, and further
authorizes the Mayor and City Manager to execute said Agreements.
PASSED, APPROVED ANMD ADOPTED this 14th day of December,
1987.
AYES:
Councilmembers Eegarty, }[offatt, Snyder,
Vonheeder and Mayor Jeffery
NOES: None
ABSENT: None
-- - - -~City 'C~rk
. TTACHMEHT
RELEASE ARD SETTLEMENT AGREEMENT
THIS RELEASE AND SETTLEMENT AGREEMENT is entered into
on December 14, 1987, by and between JO~N ENEA and SAL ENEA
(hereinafter "Plaintiffs") and the CITY OF DUBLIN, a general law
city (hereinafter "Defendant").
RECITALS:
WHEREAS, on June 22, 1987, by Resolution No. 41-87,
the City Council of the City of Dublin approved the Enea Plaza
Planned Development Rezoning Application (PA 87-018) subject to
a condition requiring Plaintiffs.to dedicate and fully improve a
roadway through the southern portion of Assessor's Parcel
No. 941-1500-040; and
WHEREAS, on November 24, 1987, Plaintiffs filed
Alameda County Superior Court action number ~-129689-3 entitled
John Enea and Sal Enea v. City of Dublin (hereinafter "the
action"), in which, inter alia, Plaintiffs contend that the
imposition of the dedication and improvement condition is in
violation of the Federal and California Constitutions; and
WHEREAS, the Plaintiffs and Defendant desire ~
resolve their differences in the action;
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
!. Defendant shall amend Resolution No. 41-87 to delete
the condition that Plaintiffs must fully improve the roadway to
be dedicated by them across the southerly portion of
APN 941-1500-040. A copy of the proposed Resolution ~ending
Resolution 41-87 is attached hereto as Exhibit "A".
2. Defendant shall permit Plaintiffs to pave, at their
sole cost and expense, the southerl~ porti6n of AP~ 941-1500-040
within the proposed street right-of-way and 'to use the paved
portion for private parking purposes. The pavi~g plan,
including design and layout, landscaping and lighting, shall be
at the same level of quality as the development approved for the
northern portion of the parcel and shall be subject to City
review and approval. At such time a~ Defendants accept
Plaintiffs' irrevocable offer to dedicate a public roadway .--
across the southerly portion of kPN 941-1500-040, Plaintiffs
shall cease to use said paved portion for parking purposes and
Plaintiffs shall remove, at their sole cost and expense, all
paving, lighting and landscaping placed on that portion of APN
941-1500-040 to be dedicated. Plaintiffs shall hold the
Defendant, its officials, officers,-employees and agents
harmless from and against any and all loss, liability, expense,
claim, costs, suits and damages of every kind, nature and
description directly or indirectly arising from the paving and
improvement of said portion for private parking purpose~{ the
use of said portion for private parking purposes, and the
removal of said paving and improvements at the time of
dedication.
3. Defendant will not exclude the proposed road area in
determining the maximum floor area ratio for APN 941-1500-040
through a Planned Development rezoning process, unless the offer
of dedication has previously been accepted.
-2-
4. Plaintiffs shall forthwith execute the City of Dublin
Public Dedication Agreement, a copy of which is attached hereto
as Exhibit "B"
5. Defendant shall by noon on December 4, 1987, perform
any and all inspections necessary to ascertain Plaintiffs'
compliance with the~Building Code and all. applicable conditions
of approval of the City of Dublin and to enable Plaintiffs to
immediately occupy and use the improvements constructed on the
northerly portion of APN 941-1500-040 provided, however, that.-
said inspections reveal compliance with said Building Code and
conditions of approval. Defendant'shall, to the extent
consistent with its custom and practice, permit Plaintiffs to
provide a security deposit to secure the completion of those
items which are not safety-related. Nothing contained herein
shall be construed as a waiver by Defendant of compliance by'
Plaintiffs with the applicable provisions of said Building Code.
6. Plaintiffs shall dismiss the Complaint filed in said
action insofar as it pertains to the Defendant.
7. Plaintiffs hereby release and discharge said ..
Defendant, of and from each and every claim, demand, action,
cause of action, damage, cost, expense, attorneys' fees,
obligation, and liability of whatever kind or nature, in law or
equity, arising or to arise in favor of the undersigned, whether
known or unknown, including, but not limited to, claims for
damages to property, loss of income or business, or special
damages of any character, by reason of or growing out of said
Defendant's adoption of Resolution No. 41-87 on June 22, 1987.
8. As further material consideration for agreeing to this
Settlement, it is expressly understood and ~g~e~d~th~t:'
(a) Ail claims, past, present or future, against
the Defendant are disputed and this settlement shall
not, and~may never be, treated at any time or~in any
manner whatsoever~ by anyone, as an admission by, or
against the entity released herein, of any liability
or obligation relating to-the herein described matters
and events, or the truth of any of the allegation of~
the Complaint in said a6tion.
(b) This settlement-is considered by the
undersigned to be fair, equitable and made in good
faith to all parties and/or persons concerned, and
entered into freely and Voluntarily with and upon the
advice of the attorneys retained to represent the
undersigned.
(c) This release is expressly intended to cover
and include all claims, several or otherwise, past,
present or future, known or unknown, which can or may
ever be asserted by ?laintiffs' heirs, or otherwise,
as the result of Defendant's adoption of Resolution
No. 41-87 on Ju~e 22, 1987.
(d) The undersigned understand and agree that
this Release and Settlement Agreement covers and
includes all claims of every kind or nature, past,
present or future, known or unknown, suspected or
unsuspected, and all claims or rights pursuant to
--4--
Section 1542 of the Civil Code of the State of
California are hereby expreSsl~ waived as'to
Defendant's adoption of Resolutio~ No. 41-87 on June
22, 1987. The undersigned understand that said
Section 1542 provides:
"A general release does not extend to
claims which the creditor does not know
or suspect to exist in his favor at the
time of executing the release, which if
known by him must ha~e materially
affected his settlement with the
debtor."
(e) This release ~hal! bind and be binding upon
the heirs, personal representatives or executors,
administrators, and assigns of the undersigned,
shall inure to the benefit of the agents, employees,
servants and successors of the undersigned.
(f) The undersigned .Defendant represents and-
warrants that ~eyers, Nave, Riback and West are the
attorneys employed to represent the undersigned
Defendant with respect to ~his Agreement and all
matters covered herein, that the undersigned Defendant
has been fully advised by said attorneys with respect
to the undersigneds' rights and with respect to the
execution of this Agreement and to all matters which
are subject to this Agreement.
(g) The terms of this release are contractual
and not a mere recital. It is further understood and
agreed that no promises, representations, inducements,
or warranties have been made or extended by any part
hereto other than those which are expressly set forth
in this release and this release contains the entire
agreement between the parties relating to the rights
and obligations therein. This Agreement shall be
construed and enforced pursuant to the laws of the
State of California.
10. This Agreement shall not be construed as limiting the
legislative authority of the City of Dublin in a manner contrary
to law.
IN WITNESS WHEREOF, the undersigned have executed this
Release and Settlement Agreement on the dates indicated:
CITY OF DUBLIN
APPROVED BY THE CITY COUMCIL
OF THE CITY OF DUBLIN BY ACTION
TAKEN ON December 14 , 1987.
APPROVED AS TO FORM.
MICHAEL R. NAVE,
City Attorney
SAL ENEA
Dated: ~c~ ~/
Dated:~ ~
-6-
CITY OF DUBLIN PUBLIC DEDICATION AGREEMENT
THIS AGREEMENT is entered into on. December 14 ,
1987, by and between the CITY OF DUBLIN, a municipal
corporation, hereinafter referred to as "City", and ENEA PLAZA,
hereinafter referred to as ."Owner".
In consideration of the granting of Certain
entitlement of use described as follows: Rezoning Assessor's
Parcel Number 941-1500-038-1 and a portion of Assessor's Parcel
Number 941-1500-040 from PD (1464th Zoning Unit) to PD, Planned
Development District, as more particularly described in
Ordinance No. 35-87, and the ultimate acceptance by the City of
the property described in Exhibit A herein.
It is mutually agreed as follows:
1. Time of Dedication and ComD!etion. Owner shall submit
an irrevocable offer of dedication to the City.of the property
described in Exhibit A attached hereto and incorporated herein
by reference. City agrees to accept such offer of dedication in
accordance with the following schedule: At such time as the
roadway between Amador Plaza Road and Golden Gate Drive' ~s to be
improved, but in no event before the remainder of the proposed
roadway is to be improved. As used herein, the word "improved"
means that City is in possession of the right-of-way; the
fundiQg for construction of the roadway to be improved has been
obtained; -and the roadway construction project is within one (1)
month of going to bid.
2. A copy of this Agreement shall be recorded by City
with the County Recorder.
3. The plan line for the new street c~nnecting Amador
Plaza Road with Golden Gate Drive shall be in s~bstantially the
same location as depicted in Exhibit A, Owner understands and
agrees that the right-of-way may be moved not more than ten (10)
feet in any direction without Owner's approval. In such event
Exhibit A shall be deemed to be amended to reflect the area
within the adopted plan line which is within APN 941-1500-040.~
4. The City shall by resolU'tion initiate the planned
development rezoning process for a redefinition of the planned
development to provide that the uses permitted in the southern
portion of APN 941-1500-040 shall be identical to those uses
permitted pursuant to City Council Resolution Number 41-87 and
planned development application PA 87-018. Owner understands
and agrees that prior to development, ~wner shall comply with
City's Site Development Review procedure.
IN WITNESS WHEREOF, the par'ties have executed this
Agreement on the day and year hereinabove written.
OWNER:
CITY:
CITY OF DUBLIN, a municipal
RESOLUTIO~ 1~O. 105-87
A RESOLUTION OF THE CITY COUNCIL
OF THE CITer OF DUBLIN
AMENDING RESOLUTION NO. 41-87
WHICH APPROVED PA 87-018
WHEREAS, on June 22, 1987, the City Council adopted
Resolution Number 41-87 approving and establishing findings and
general Provisions for a planned development rezoning concerning
planned development application PA 87-018; and
W~EREAS, John Enea and Sal Enea have on November 24, 1987~
filed action number E 129689-3 in Alameda County Superior Court,
challenging the validity of a certain condition imposed by the
City of Dublin for approval of planned development application
PA 87-018; and
W~EREAS, in order to compromise and settle said lawsuit,
the City Council agrees to modify that certain condition of
approval;
NOW, THEREFORE, BE IT RESOLVED THAT the Dublin City Council
does hereby modify and amend Resolution No. 41-87 as follows:
1. Condition (5) on page 2 is deleted in its entirety, and
the following language is substituted therefor:
"5) The Developer shall execute an irrevocable offer of
dedication of the se?ment of 'the proposed road parallel
to Dublin boulevard which passes through the southern
portion of APN 941-1500-040. This proposed road has
been identified as needed for the buildout of the
downtown area in the Dublin Downtown Specific Plan
(including the buildout of this property). The new
roadway is to run between Amador Plaza Road in this
project, westward to Golden Gate Drive, and is to be
located south of the retail complex currently under
construction. The exact location and width will be
determined by the City through further detailed
studies.
"The timing of the acceptance of this offer of
dedication shall be as follows:
"a) At such time as the roadway is to be improved,
but in no event before the remainder of the
proposed roadway is to be improved.
"b) Prior to and a~ a further condition of this
rezoning, the Developer and the City shall enter
into an agreement embodying the above conditions.
"c) These conditions shali be recorded in the Office
of the Recorder,of Alameda County'by the
City."
2. The City shall by resolution initiate the planned
development rezoning process for a redefinition of the planned
development to provide that the uses permitted in the southern
portion of APN 941-1500-040 shall be identical to those uses
permitted pursuant to City Council Resolution Number 41-87 and
planned development application PA 87-018. Development in the
southern portion shall comply with C~ty's Site Development
Review proces.
PASSED, APPROVED AND ADOPTED this 14th day of
December, 1987.
AYES: Councilmembers H~garty, Moffatt, Snyder,
Vonheeder and Mayor Jeffery
NOES: None
ABSENT: None
ATTEST: ~ I ,
-2-
NEGATIVE DECLARATION FOR: PA 87-178, Enea Plaza (southern portion) Planned
p~velopment Rezoning Request
(Pursuant to Public Resources Code Section 21000, er seq;)
LOCATION:
APPLICANT:
The southern 3.0+ acres of Assessor's Parcel Number
941-1500-040 on tke west side of Amador Plaza Road
near Dublin Blvd.
Initiated by Resglution No. 41-87 of the Dublin City
Council '
DESCRIPTION: A Planned Development Rezoning request to rezone the
southern 3.0+ acres of APN 941-1500-040 (located on the west side of Amador
Plaza Road near Dublin Blvd.) from a PD, Planned Development District altow~ng
administrative office uses with limited ancillary retail use to a new PD,
Planned Development District allowing a range of retail shopper, office,
personal service and financial uses, identical to those permitted to City
Council Resolution No. 41-87 and Planned Development Application PA 87-018.
FINDINGS:
The project will not have a significant effect on the
environment.
INITIAL STUDY: The project initial study is available for review at
the City offices and indicates the proposed project will nto have a
significant impact on the environment. ~
MITIGATION MEASURES: None required.
pREPARATION:
This Negative Declaration was prepared by the City of
Dublin Planning Staff, (415) 829-4916.
SIGNATL~E:
DATE: February 22, 1988
Laurence L. Tong, Planning Director
7
ATTACHMEHT
NEW TRAFFIC
WIDENING OF
DUBLIN
NEW TRAFFIC
IGNAL
SAN RAIMON ROAD
YVIDENING
--.SA~ RA~4ON ROAD
'OFF-RAN1P IMPROVEMENTS
NEW STREET
Circulation Improvements
DUBLIN DOWNTOWN PLAN
DUBLIN, CALIFORNIA '-