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HomeMy WebLinkAboutPC Reso 09-17 Ord Amend PD Fallon Gateway Comml Ctr PA08-034RESOLUTION NO. 09-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING THE PLANNED DEVELOPMENT DISTRICT OF DUBLIN RANCH AREA C SPECIFICALLY FOR THE PROJECT KNOWN AS FALLON GATEWAY COMMERCIAL CENTER LOCATED AT THE SOUTHWEST CORNER OF DUBLIN BOULEVARD AND FALLON ROAD IN AREA C OF DUBLIN RANCH (APN 985-0027-009-03) PA 08-034 WHEREAS, the Applicant, James Tong, on behalf of Stanforth Holdings Company LLC, submitted an application for a Planned Development Rezone of the General Commercial portion of Area C Planned Development and a Site Development Review for a 379,053 square foot retail commercial center (Fallon Gateway) located on the 33.91 net acre project site; and WHEREAS, the project area boundaries are Dublin Boulevard to the north, Interstate 580 to the south, a vacant piece of property approved for Campus Office to the west and Fallon Road to the east; and WHEREAS, on December 2, 1997, the City Council approvec a Rezone for the approximately 452.6 acres known as the Dublin Ranch Areas B, C, D and E to a Planned Development Zoning District Ordinance No. 24-97; and WHEREAS, the Draft amended General Commercial portion of Area C Planned Development is attached as Exhibit A and incorporated herein by reference; and WHEREAS, a Staff Report, dated April 28, 2009 and incorporated herein by reference, described and analyzed the proposed amendment to the Area C Planned Development.Zoning District; and WHEREAS, the California Environmental Quality Act (CEQA), together with State guidelines and City environmental regulations require that certain projects be reviewec for environmental impacts and that environmental documents be prepared; and . WHEREAS, the project is located within the Eastern Dublin Specific Plan area, which was the subject of an Environmental Impact Report (EIR) for the General Plan Amendment and Eastern Dublin Specific Plan (SCH # 91103064), certified by City Council Resolution 51-93 on May 10, 1993, with two addenda approved on May 4, 1993 and August 22, 1994. In 1997, a Negative Declaration for the Planned Development Rezoning of Dublin Ranch Areas B-E, which includes the Fallon Gateway site, was approved by Resolution No. 140-97 of the City Council. After completion of an Initial Study, it was determined that the rezoning would not have significant environmental impacts which were not already adequately described and analyzed in the Program EIR. No further environmental review is needed for the Fallon Gateway project because the environmental impacts of this project were fully addressed and within the scope of the final EIR for the Eastern Dublin General Plan Amendment, Specific Plan and subsequent Addenda and the 1997 Negative Declaration and the project has been conditioned to comply with all mitigation measures adcpted therein; and WHEREAS, the Planning Commission reviewed the Staff Report at a noticed public hearing on April 28, 2009, at which time all interested parties had the opportunity to be hard. WHEREAS, the Planning Commission did use its independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Dublin does hereby make the following findings and determinations regarding said amendment to the General Commercial portion of Area C of Dublin Ranch Plalmed Development Zoning: A. The proposed amendment will be harmonious and compatible with existing and potential development in surrounding areas because: 1) the land uses and site plan establish a commercial development (retail shopping center); 2) the proposed project is consistent with the ]:astern Dublin Specific Plan and the PD District of Dublin Ranch Areas B- E; 3) the project site includes attractive landscaping and site elements including a location for public art, light fixtures, benches, plazas, and pedestrian paths to create an attractive landscape palette and material palette for the shopping center; and 4) the Planned Development amendment includes design guidelines to create an attractive shopping center that is compatible with the surrounding area. B. The subject site is physically suitable for the type and intensity of the zoning district being proposed because: 1) the project site will have a Floor Area Ratio (FAR) up to .35 which is consistent with the FAR established in the Rezoning of Dublin Ranch Areas B through E and the Eastern Dublin Specific Plan; 2) the proposed project will include retail and office uses which is consistent with the land use designations of General Commercial land use; 3) as amended, the Planned Development for the General Commercial portion of Area C will permit a maximum of 516,992 square feet of retail floor area which will maintain a FAR up to .35 and will therefore be consistent with the PD District of Dublin Ranch Areas B-E; and 4) the amended zoning for the Fallon Gateway project has been designed to accommodate the topography of the Project site which typica:ly is characterized as vacant, flat land suitable for the development of a shopping center and therefore physically suitable for the type and intensity of the proposed amendment to Dublin Ranch Area C. C. The proposed project 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: 1) the Project will comply with all applicable development regulations and standards and will implement all adopted mitigation measures. D. The proposed amendment to the Area C Planned Development, originally approved by Ordinance 24-97 and amended as shown in Exhibit A attached, is consistent with the Dublin General Plan and the Eastern Dublin Specific Plan because: 1) the proposed amendments to the use list are compatible with the permitted, conditional and temporary uses established under -:he zoning ordinance; 2) the proposed amendments to the list of permitted, conditional and temporary uses are consistent with the land use designations of the General Plan, the Eastern Dublin Specific Plan and the Fallon Gateway subarea, which envisions a mix of regional and community serving retail on the project site; 3) the proposed amendment is compatible with the intent of the Eastern Dublin Specific Plan for the Fallon Gateway subarea and the PD District of Dublin Ranch Areas B - E; and 4) the amended PD for Area C includes design guidelines to create a cohesive and attractive shopf ing center which is compatible with development in the neighborhood. 2 E. The Planned Development amendment for the PD District known as Dublin Ranch Area C, and specifically for the Fallon Gateway project (PA 08-034) meets the purpose and intent of Chapter 8.32 of the City of Dublin Zoning Ordinance because: 1) the project provides a comprehensive development plan that is tailored to the commercial land uses proposed on the Project site and creates a desirable use of land that is sensitive to surrounding land uses by virtue of the layout and design, which is in close proximity to Dublin Boulevard and the I-580 freeway; and 2) the amended PD for Area C includes design and landscape criteria to create an attractive shopping; center which is compatible with the surrounding developments. F. The proposed amendment will be harmonious and compatible with existing and potential development in surrounding areas because: 1) the proposed development is consistent with the approved development for this property as approved under the rezoning of Dublin Ranch Areas B through E as referenced in Ordinance 24-97; 2) the proposed development is consistent with the type of development, regional serving retail, as envisioned in the Eastern Dublin Specific Plan; 3) storage areas, mechanical equipment and loading areas are focused away from the center of the shopping center and the main streets and have been screened from view to create an attractive environment; and 4) the layout of the shopping center has been designed with respect to adjacent properties. BE IT FURTHER RESOLVED that the Dublin Planning Commission recommends that the City Council adopt the attached ordinance amending the General Commercial site of Area C consisting of 33.91 net acres of property at the southwest corner of Dublin Boulevard and Fallon Road to establish architectural and landscape design criteria, specific parking standards and the permitted and conditional uses for the Fallon Gateway retail center (PA 08-034), based on findings that the amendment to the PD zoning and project as a whole is consistent with the General Plan and the Eastern Dublin Specific Plan, is consistent with the purpose and intent of the Planned Development zoning district, and that development of Fallon Gateway retail center project will be harmonious and compatible with existing and future development in the surrounding area. PASSED, APPROVED, AND ADOPTED this 28th day of April 2009 by the following vote: AYES: Wehrenberg, Schaub, King, Brown and Swalwell NOES: ABSENT: ABSTAIN: ATT Planning ager Planning Commission Ch G: IPA#120081PA 08-034 Fallon Gateway (Target)IPlanning Commission 4.28.09IPCResoPD0rd-redline.D0C 1223531.1 3