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HomeMy WebLinkAbout2009 Minor Amendment to PDC>\ , OA: 109 July 27, 2009 CITY OF DUBLIN 100 Civic Plaza, Dublin, California 94568 Website: http://www.ci.dublin.ca.us Mr. Shawn Cole Manager of Regal Entertainment Group Hacienda 20 9347 5000 Dublin Blvd. Dublin, CA 94568 Subject: Minor Amendment to Planned Development Zoning (PA 94-001) Hacienda Crossings Shopping Center Dear Mr. Cole: In 1995 the City of Dublin adopted a Land Use and Development Plan (PA 94-001) for the Santa Rita Commercial Center which is now known as Hacienda Crossings. The Land Use and Development Plan (LUDP) intended to provide an environment that would encourage the use of common open space areas for neighborhood or community activities by requiring a percentage of the land area to be set aside for open space which includes landscape, entry, plaza, and sidewalk areas. However, the LUDP did not specify the types of uses that would be permitted in these open space areas. In May 2004, a minor amendment to the Planned Development Zoning (PA 94-001) for Hacienda Crossings was approved to clarify the types of permitted outdoor activities that are allowed to take place within the plaza area fronting the Regal Cinema Theater (Enclosure 2). One of the listed permitted outdoor activities approved under the minor amendment is to allow for the display of vehicles owned by a Dublin based automobile dealer. Vehicle display is limited to a maximum of two vehicles (Enclosure 2, Permitted Outdoor Activity #3). On March 12, 2009, a request to amend the Planned Development Zoning (PA 94-001) was made to increase the maximum number of vehicles that can be displayed within the plaza fronting Regal Theater, from two vehicles to three vehicles. The following minor amendment to Permitted Outdoor Activitity #3 as described in Enclosure 2 is hereby approved: 3) Promotions supporting local businesses, including but not limited to, displaying vehicles owned by a Dublin based automobile dealer and similar types of promotions as determined by the Community Development Director. All promotions supporting local business shall be limited to Dublin based businesses only. In addition, the following regulations shall apply for vehicle display: a. Vehicle display shall be limited to a maximum of 3 vehicles. b. Types of vehicles displayed shall not include recreational vehicles, boats and trailers, and other vehicles determined to be substantially similar to the above by the Director of Community Development. Area Code (925) - City Manager 833-6650 - City Council 833-6650 - Personnel 833-6605 • Economic Development 833-6650 Finance 833-6640 • Public Works/Engineering 833-6630 • Parks & Community Services 833-6645 - Police 833-6670 Planning/Code Enforcement 833-6610 - Building Inspection 833-6620 • Fire Prevention Bureau 833-6606 Minor Amendment to Planned Development Zoning (PA 94-001) Hacienda Crossings Shopping Center June 29, 2009 Page 2 c. The vehicles shall be for display purpose only and display of signage on the vehicles shall not be permitted. d. Vehicles must be at a minimum separation distance of 30 feet from each other. e. All temporary displays including, but not limited to, vehicles, structures, and play apparatus, shall be set back 20-feet from the building and exit doors, on all sides, for adequate emergency access and egress. f. At no time shall any vehicle, structure, or other object block a required exit from the Theatre. Exit doors should be clearly marked "Exit, Do Not Block" with 2-inch high letters in a color contrasts with the color of the doors. Except as modified in this amendment, all general provisions, development standards, and conditions of approval as set forth in Resolution 06-95 (Enclosure 1), approving and establishing a Planned Development Zoning district (PA 94-001) for Hacienda Crossings, and the minor amendment dated May 10, 2004 (Enclosure 2) shall remain in effect. All permitted outdoor activities shall be limited to the plaza area fronting the Regal Cinema Theater, within the property boundaries of Regal Cinemas as shown in the attached Site Plan labeled Exhibit A. The area designated on the attached Site Plan as "Fire Truck Access" must remain free and clear of any and all obstructions at all times. All other activities not listed above, or determined to be similar by the Community Development Director, shall be subject to the Temporary Use Permit regulations in the Dublin Zoning Ordinance. If you should have any questions, please contact the Community Development Department, Planning Division at (925) 833-6610. Sincerely, i Jeri am, AICP Community Development Director Enclosures: (1) Resolution 06-95 (2) May 10, 2004 Minor Amendment to Planned Development Zoning (PA 94-001), Hacienda Crossings Shopping Center (3) Site Plan Labeled Exhibit A CC: PA 94-001 G:\PA#\1994\94-001 Minor Amendment to PD\HaciendaCrossingsPDAmendment.doc 1 -11, RESOLUTION NO.. 6 - 95 A RESOLUTION OF THE CITY COUNCIL OF THE CI'T'Y OF DUBLIN APPROVING AND ESTABLISHING FINDINGS AND GENERAL PROVISIONS FOR A PD, PLANNED DEVELOPMENT REZONING CONCERNING PA 94-001 SANTA RITA COMMERCIAL CENTER WHEREAS, Homart Development Co., a Delaware Corporation, and the Surplus Property Authority of the County of Alameda (Applicants), are requesting a Planned Development Rezoning to establish General Provisions and Development Regulations for a 75± acre portion of APN 946-15-1-4 (por) ; and WHEREAS, Homart Development Co., a Delaware Corporation, and the Surplus Property Authority of the County of Alameda (Applicants); have submitted a Land Use and Development Plan as required by Section 8.31-13 of the Zoning Ordinance which meets the requirements of said section; and WHEREAS, the Planning Commission did hold public hearings on said application on December 19, 1994; January 3, 1995; and January 17, 1995 and did adopt Resolution No. 95-01, recommending that the City Council certify the Mitigated Negative Declaration and adopt the Mitigation Monitoring Program; Resolution No. 95 -02, recommending that the City Council approve the Planned Development Rezoning request; Resolution No. 95 -03 recommending that the City Council approve the Development Agreement; and recommending further that the City Council support, in concept, the preparation of a Greenway Study along Tassajara Creek and further recommending that the City Council support continuing to work with the East Bay Regional Park District on trails consistent with the City's Parks and Recreation Master Plan and Eastern Dublin Specific Plan; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the application has been reviewed in accordance with the California Environmental Quality Act ("CEQA") and a Mitigated Negative Declaration (SCH 94113020) has been prepared; and WHEREAS, with the inclusion of mitigation measures and conditions of approval, it has been determined that the project will not have a significant effect on the environment; and WHEREAS, the Staff Report was submitted recommending that City;Council approve the application subject to conditions prepared by Staff; and WHEREAS, the City Council did hear and use their independent judgment and consider all said reports, recommendations and testimony hereinabove set forth.. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby find that: I. The Planned Development Rezone will be appropriate for the subject perty in terms of providing a range of permitted and conditionally permitted uses whichrop will be compatible with existing vacant and proposed commercial, office and residential uses in the immediate vicinity, and which enhances development of the Specific Plan area, and 2. The Planned Development Rezoning will not have a substantial adverse affect on health or safety or be substantially detrimental to the public welfare or be injurious to property or public improvement as all applicable regulations will be met; and 3. The Planned Development Rezoning will not overburden public services as the Dublin San Ramon Services District has stated that public services are available; and o:)p1annmgyeri\940oIrsi 1 4. As demonstrated in the matrix attached and made a part of the Mitigated Negative Declaration, the Planned Development Rezoning will be consistent with the Dublin General Plan and the Eastern Dublin Specific.Plan including all the policies therein; and 5. The Planned Development Rezoning will provide efficient use of the land that includes preservation of significant open areas and natural and topographic landscape features along Tassajara Creek with minimum alteration of natural land forms; and 6. The Planned Development Rezoning will provide an environment that will encourage the use of common open areas for neighborhood or community activities and other amenities through conditions of approval; and 7. The Planned Development Rezoning will create an attractive, efficient and safe environment through conditions of approval; and 8. The Planned Development Rezoning will benefit the public necessity, convenience and general welfare and is in conformance with Sections 8-31.0 to 8-31.19 of the Dublin Zoning Ordinance; and 9. The Planned Development Rezoning will be compatible with and enhance the general development of the area because it will be developed pursuant to conditions of approval and site development review; and 10. The Planned Development Rezoning will create attractive, efficient and safe development because it will be developed pursuant to conditions of approval and site-development review. BE 17 FURTHER RESOLVED THAT THE Dublin City Council does hereby approve PA 94-001, Santa Rita Commercial Center Planned Development, subject to the following General Provisions and Development Standards which constitute regulations for the use, improvement and maintenance of the 75f acre parcel 946-15-1- 4 (por). GENERAL PROVISIONS AND DEVELOPMENT STANDARDS 1. Intent: This approval is for Planned Development Rezone PA 94-001, Santa Rita Commercial Center. This Planned Development District is established to provide for and regulate the development of the Santa Rita Commercial Center. Development shall be generally consistent with the Land Use Development Plan which consists of the following submittals: A. Planned Development Rezone Application dated September 6, 1994; and B. The "Conceptual Site Plan" dated September 23, 1994:which supersedes the document entitled "Conceptual Site Plan" in the September 6, 1994 application. 2. The following principal uses are permitted in the PD District A. Retail commercial establishments, including, but not limited to, the following: 1. General Merchandise Store 2. Discount/Warehouse Retail Store 3. Clothing/Fashion Store 4. Shoe Store 5.. Home Furnishing Store 6. Office Supply Store 7. Home Appliance/Electronics Store 8. Home Improvement Store 9. Music Store Oplanning\jen)94001ml 2 10. Hobby/Special Interest Store 11. Gifts/Specialty Store 12. Jewelry and Cosmetic Store 13. Drug Store 14. Auto Parts Store 15. Toy Store 16. Book Store 17. Pet Supplies Store (including in-store veterinary clinic) 18. Sporting Goods Store 19. Grocery/Food Store 20. Automobile Service 3. cAplenning\cn%94001rs1 B. C and similar uses that sell goods based on price and quality. Eating, drinking and entertainment establishments, including, but not limited to, the following: 1. Restaurant 2. Wine or liquor bar with on-sale liquor license 3. Micro-brewery 4. Nightclub 5. Indoor movie theater 6. Delicatessen 7. Specialty Food 8. Bakery 9. Ice Cream Shop 10. Sandwich Shop 11. Video Arcade/Rentals 12. Drive-through Facilities, including restaurants Office and service establishments including, but not limited to: 1. Bank/Savings and Loan 2. Real Estate/Title Office 3. Travel Agent 4. Legal 5. Accounting 6. Medical and Dental 7. Optometrist 8. Architect 9. Employment Agency 10. Hair/Beauty Salon 11. Cleaner and Dryer 12. Shoe Repair 13. Key Shop 14. Tailor 15. Athletic Club 16. Formal Wear/Rental 17. Other Administrative and, Professional Office 18. Technology Access Center 19. Tele-Commuting Center The following are conditional uses in the PD District and shall be permitted only if approved by the Planning Commission: 1. Community, religious and charitable institutional facilities 3 2. Public Facilities and uses 3. Veterinary Office 4. Recycling Center 5. In-patient and out-patient health facilities as licensed by the State Department of Health Services 6. Gas Station 7. Outdoor food vendors 8. Automobile sales 9. Hotel/Motel 4. Any structure, circulation, parking, landscaping and signage shall be subject to Site Development Review (pursuant to Section 8-95 of the Zoning Ordinance) unless zoning approval is granted upon the determination that the construction constitutes a minor project and that the Building Permit plans are in accord with the intent and objectives of the Site Development Review procedures. 5. Setbacks and Yards A. Minimum Setbacks: The minimum perimeter setbacks for buildings, accessory structures, parking areas, driveways and loading areas shall be as follows: 1. Along Interstate 580: 20 feet from right-of-way. 2. Along Dublin Boulevard: 20 feet from right-of-way. 3. Along Tassajara Creek: A minimum 100 foot setback from the top of bank will be maintained along Tassajara Creek. The setback zones shall be fully landscaped with both hardscape (private sidewalks and other hard surfaced areas) and softscape (trees, shrubs, ground cover, etc.). B. Exceptions to the above setback requirements are the following: 1. Architectural projections (such as eaves, columns, balconies, arcades, awnings, steps and decks) which may encroach up to a maximum of 10 feet into a required setback, with a minimum setback of 10 feet from a street right-of-way- 2. Freestanding signage: As permitted in the Master Sign Program: C. Minimum Yards: The required setback between all buildings within the project for all yards is 0 feet. 6. Building and other structures will be limited to a maximum height of 75 feet in this District. 7. The overall maximum floor area ratio for this district will be .25 permitting a total of approximately 800,000± square feet of Gross Leasable Area (GLA) on 75 acres. 8. Parking and loading: A. Parking and Loading Spaces. There shall be provided and maintained in accordance with these standards, off-street automobile parking and loading spaces for every building and use. No building or structure shall be erected or use established and no existing building ,shall be structurally altered, unless there is already in existence, or unless provision therefore is made concurrently with such erection or structural alteration or new use, the number of parking spaces and loading spaces necessary to meet the minimum requirement; hereinafter set forth. cAp1a=i*jen194W1rs1 4 B. Continuing Characier of Obliga, lion. The maintenance of the parking and loading spaces required shall be a continuing obligation of the owner of the real property upon which the building or structure is located as long as the building or structure exists and the use requiring such space continues. It shall be unlawful for an owner of a building or structur affected by these requirements to discontinue, change or dispense with or to cause the discontinuance, sale or transfer of such building or structure, without establishing alternative spaces which conform to those requirements;; or for any person, firm, or corporation to use such building or structure without providing such required parking or loading spaces; in compliance with these standards. C. Parking Spaces: Accessibility. These standards are intended to provide off-street spaces for the parking of the automobiles of tenants of the premises and for clients, customers, employees, and callers. They are required to be kept accessible for the purposes continuously, and the use of any such required space or spaces other than these specified, shall constitute discontinuance thereof in violation of Section 8-63.1. D. Parking Spaces: Size and Location. A standard parking stall shall be a minimum of nine (9) feet wide by nineteen (19) feet in length. Compact stalls shall be a minimum of eight 8 feet wide by a minimum of seventeen (17) feet in length. Compact parking spaces ma. comprise up to 25% of the required parking spaces. Where parking spaces abut sidewalk or landscape areas the length of a parking stall may be reduced by two feet. Minor adjustments to parking space size and location may be made through the Site Development Review process. E. Loading Spaces: Size and Location. Required loading space for buildings with an aggregate floor area less than forty-thousand (40,000) s.f. shall be not less than ten (10) .feet in width and twenty (20) feet in length. Required loading spaces at buildings with an aggregate floor area over forty-thousand (40,000) s.f shall be not less than ten (10) feet i width and sixty (60) feet in length. Every required loading space shall be clear to a height of not less than fourteen (14) feet. Every required loading space shall be on the same lot as the structure it serves or on an abutting lot and shallbe continuously accessible from the street. No loading space shall occupy any part of a` required parking space, or any required street side yard of a corner lot. F. Parking and Loading Spaces: Approval of Plan. A site plan showing the location of the existing and proposed building or buildings and other improvements, the location of all required parking and loading spaces, and all provisions for maneuvering space and access thereto from a public right-of-way including proposed ;curb cuts, shall be submitted and approved as being convenient and functional prior to the issuance of Building Permit. No approval of occupancy shall be issued upon completion of a building or structural alteration of a building or for any land use when no buildings are erected or altered, unless and until all such spaces as required and as shown upon approved plans and made a part c the Building Permit are in place and ready for use. G. Parking and Loading Spaces: Maintenance. All parking and loading spaces, access driveways, and maneuvering areas required shall be graded and well drained and shall be maintained with all weather dust-free surfacing. Lighting of parking and loading spaces shall be so arranged as to be directed downward and away from any residential area. H. Collective Action Permitted. Nothing herein shall be construed to prevent the joint use of parking or loading space for two (2) or more buildings or uses if the total of such spaces provided is not less than the sum of the requirements for the individual uses computed separately in accordance with these standards. I. Number of Spaces Required. The number of parking'and/or loading spaces required shall be calculated based on gross floor area for retail and office uses, and customer service c-V1a=ing\jeTiW4W Iran 5 area for restaurant uses. When the calculation results in a fractional number, any fraction up to and including one-half ('/2) shall be disregarded and any fraction over one-half ('/2) shall be adjusted to the next higher whole number. 7. Parking Spaces Required: The number of parking spaces required shall be not less than specified in the following table: USE . Parking RMuired Retail .4.5/1000 sq. ft. Restaurant 7/1000 sq. ft. Theater 1/5 seats Office 4/1000 sq. ft. Exception: Where an attested copy of a contract between the parties concerned is filed with the Application for Building Permit, which contract sets forth a valid agreement for joint use of parking spaces for the life of the buildings or uses concerned and a parking study has been approved by the Zoning Administrator demonstrating that a lesser number of parking spaces would be appropriate for the proposed use, through shared use of parking, then the number of required parking spaces shall be reduced in accordance with the number indicated in the approved parking study. K. Loading Spaces Required: Every allowable use which has an aggregate gross floor area fifteen-thousand (15,000) square feet or more, shall provide loading spaces in accordance with the following: Aggregate Gross floor Area (sq. ft) Number of Loading Spaces required 15,000= 40,000 1 over 40,000 - 100,000 2 over 100,000 - 160,000 3 over 160,000 3 ;plus 1 for each full 80,000 square feet in excess of 160,000 L. Minimum Aisle Widths: Parking aisles with two-way traffic shall have a minimum width of twenty-two (22) feet for parking angles of 0, 30, 45and 60 degrees. Parking aisles with two-way traffic shall have a mmimum width of twenty-five (25 ) feet for 90 degree parking angle. Parking aisles with. one-way traffic shall have minimum widths as follows: a) 15 feet for parking angles of 0, 30, and 45, degrees. b) 18 feet for a parking angle of 60 degrees. c) 25 feet for a parking angle of 90 degrees. Minor adjustments to aisle width standards may be made through the Site. Development Review process. M. Bicycle Facilities: Bicycle parking facilities shall be provided, at the minimum, at a ratio c one space per 150 required automobile spaces. These facilities, which would provide for convenient parking and locking of bicycles shall be located adjacent to the fronts of buildings and dispersed throughout the shopping center. 9. The Master Sign Program will be submitted for review with the Site Development Review package. Oplanninsyen19400]:s] 6 10. A minimum ratio of twenty percent (20%)of the gross land area ;will be provided in open space, which shall include landscape, entry, plaza and sidewalk areas. The minimum ratio of landscape to gross land area shall be as follows: Perimeter site areas: Ten (10%) percent Parking areas: Five (5%) percent BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby approve PA 94-001 Planned Development Rezoning subject to the following conditions: CONDITIONS OF APPROVAL: 12.% Developer shall design bus turnouts, transit shelters and pedestrian paths (sidewalks) to match proposed LAVTA routes and stops and to the City of Dublin's requirements and standards prior to issuance of the building permit. Construction shall be undertaken as part of the street improvement work. [PW] 13. Alameda County shall enter into a development agreement with the City of Dublin that, in addition to other provisions, provides that when the property to the east of the Santa Rita Commercial Center project develops, all the action measures of the Eastern Dublin Specific Plan and Mitigation Measures of the Eastern Dublin FEIR pertaining to Tassajara Creek adjacent to this project will be activated and completed or guaranteed for completion. [PL] i 14. Prior to obtaining building permits, the applicant must receive Site Development Review (SDR) approval from the City of Dublin City Council for PA 94-001. Said application for SDR approval shall include a visual survey to insure scenic vistas as identified in the Eastern Dublin Specific Plan and FEIR are not blocked. [PL] 15.. Homart Development Co., Alameda County and the City of Dublin shall enter into a development agreement which shall contain provisions for sequencing of infrastructure, any financing plans, payment of traffic, noise and public facilities impact fees and other provisions deemed appropriate by the parties. CPL] 16. Bicycle parking facilities shall be provided at the Santa Rita Commercial Center in accordance with the Planned Development Rezone general provisions and development standards filed with the Planning Department. [PL] 17. The location and siting of project specific wastewater, storm drain and potable water system infrastructure shall be consistent with the resource management policies of the Eastern Dublin Specific Plan. [PL, PW] 18. Any proposed modifications or alterations to Tassajara Creek shall beapproved by the City of Dublin and any required permitting agencies and shall be consistent with the policies of Eastern Dublin Specific Plan and FEIR.. [PW, PL] c:?planning\jed?9woolnl 7 11. Developer shall work with LAVTA to establish the need, routes and bus schedule for this project prior to Site Development Review (SDR). [PW] 19. Developer shall pay a Traffic Impact Fee (TIF) based on the adopted Eastern Dublin TIF. The TIF must be paid prior to issuance of any building permit. [B, PW] 20. Developer shall participate in the BAAQMD's Traffic Systems Management Program and provide a funding mechanism to LAVTA for free bus passes for employees prior to occupancy of any buildings. [PW] 21. Prior to any combustible construction, fire facilities shall be in place to serve the project to the satisfaction of the Dougherty Regional Fire Authority. [DSR, F, B] 22. Prior to receiving a building permit, applicant shall pay school fees to the satisfaction of the Dublin Unified School District. [B] 23. The refuse collection areas within the project shall be reviewed by the garbage service provider to ensure that adequate space is provided to accommodate collection and sorting of petrucible solid waste as well as source-separated recyclable materials generated by the commercial businesses within the Homart project. i 24. Prior to issuance of building permit, applicants shall provide written documentation that adequate .electric, gas, telephone and landfill capacity is available. [PW] 25. Developer shall submit plans for the water and sewer systems to service this development acceptable to DSRSD; pay fees required by DSRSD and receive DSRSD's approval prior to issuance of any building permit. Developer shall construct these facilities prior to occupancy. [B, PW] 26. Developer shall provide a "will serve" letter from DSRSD prior to issuance of the grading permit which states that the Homart project can be served by DSRSD for water and sewer prior to occupancy. [B, PW] 27. Developer shall.provide a recycled water system-for the landscaping pe'r City ofDublin,.Zone 7 and DSRSD requirements. The landscaping areas must meet City of Dublin Water Efficient Landscape Ordinance requirements. [PW] 28. Developer shall provide Public Utility Easements per requirements of the City of Dublin and/or public utility companies as necessary to serve this area with utility services. [PW] 29 Developer shall participate, along with other Eastern Dublin developers who shall benefit, in financing construction of needed new chlorination-fluoridation stations at the proposed Zone 7 turnouts in the Eastern Dublin area. The details of this requirement are to be developed as part of the DSRSD reviews and approvals. [PW] 30. Developer shall meet City of Dublin requirements for Dublin's Urban Runoff Program and shall apply for and obtain a permit from the Regional Water Quality Board. All gra*g shaft be performed during the non-rainy season (April 15th to October 1st), or provide erosion control measures as part of the project to keep mud and silt out of the storm drain system. [PW] I, 31. A preconstruction survey shall be submitted to the City that is prepared within 60 days prior to any habitat modification to verify the presence of sensitive species, especially the San Joaquin Kit Fox, nesting raptors, the red-legged frog, the Western Pond Turtle, the California Tiger Salamander, the Tri- Colored Blackbird, and other species of special concern. Said survey hall be prepared by a biologist and shall be subject to Planning Department review and approval. [PL] 32. Prior to issuance by the City of any building permit, all utility connection fees, plan checking fees, inspection fees, permit fees and fees associated with a wastewater discharge permit shall be paid to DSRSD in accordance with the rates and schedules established in the DSRSD Code. [PW, B] cAplauming\jenV4001rs7 i 8 33. All businesses will be required to secure a City of Dublin business licen prior to opening for business and provide the number, type and salary level of employees (on a form established by the City) for each business in order to implement the housing and employment monitoring system. 34. The Developer shall contact the Alameda County Agricultural Departm nt and develop and distribute a handout to tenants regarding the safe use of rodenticldes and herbicide within the project area. This handout is to be developed, delivered to the City of Dublin for review, d approved by the City prior to the occupancy of any buildings. 35. Except as specifically modified by the provisions of this Planned Devel pment (PA 94-001) this project shall be subject to the regulations of the C-2, General Commercial, Dis 'ct. 36. All items listed in the matrix attached and made a part of the Mitigated egative Declaration that have not been made conditions of approval of this PD Rezone, will be requir d as conditions of approval on the discretionary action so indicated on the matrix. 37: Prior to the occupancy of any portion of phase 1, the storm drainage stems to the site as well as on site drainage systems to the areas to be occupied shall be complete to the tisfaction and requirements of the Dublin Public Works Department and shall be in conformity with the aster Drainage Plan. 38. Notwithstanding Sections 8-95.0 et.seq. of the City's Zoning Code an( the City Council shall be the approving body for the Site Development Rita Commercial Center Project (PA 94-001). The City Council shall Review application at a public meeting and shall make the findings pur Notwithstanding Section 8-95.090 of the Zoning Code, the decision of Development Review application shall be effective immediately. Any Review shall be consistent with Section 8-95.100. Notwithstanding Se modification of the Plan approved shall be heard and decided by the PI PASSED, APPROVED AND ADOPTED this 31st day of January, 1995. AYES: Councilmembers Barnes, Burton, Howard, MofI NOES: None ABSENT: None ATTEST: -Cl Jerk (19941PA94-00IVespdrec) Section 8-95.060 in particular, teview application for the Santa insider the Site Development cant to Section 8-95.070. he City Council on the Site giver of Site Development tion 8-95.110, any revision or uninR Director. & Mayor Houston c.VIanning%jcriW4001rsl 9 ??? r??' 2 CITY OF DUBLIN ? 100 Civic Plaza, Dublin, California 94568 Website: http://www.ci.dublin.ca.us May 10, 2004 Mr. Peter Altmann Vice President Property Management Regal Entertainment Group 7132 Regal Lane Knoxville, TN 37918 Subject: Minor Amendment to Planned Development Zoning (PA 94-001), Hacienda Crossings shopping center Dear Mr. Altmann: In 1995 the City of Dublin adopted a Land Use and Development Plan (PA 94-001) for the Santa Rita Commercial Center which is now known as Hacienda Crossings. Among other things, the Land Use and Development Plan (LUDP) intended to provide an environment that would encourage the use of common open space areas for neighborhood or community activities by requiring a percentage of the land area to be set aside for open space which includes landscape, entry, plaza, and sidewalk areas. While this was the intent of the LUDP, it did not specify what types of uses would be permitted in these open space areas. Recently it came to the City's attention that the plaza area in front of the Regal Cinema Theatre, was being used for a variety of temporary promotional events, activities, and vehicle display. After reviewing the LUDP it was discovered that the Planned Development zoning encourages outdoor activities but does not specify which uses are permitted and which are subject to a Temporary Use Permit. In response to your letter dated October 9, 2003 requesting a minor amendment to the approved Planned Development Zoning (PA 94-001) for Hacienda Crossings, the following clarifies the types of permitted outdoor activities that are allowed to take place within the plaza area fronting the Regal Cinema Theatre. Expect as modified below, all general provisions, development standards, and conditions of approval as set forth in Resolution 06-95, approving and establishing a Planned Development Zoning district (PA 94-001) for Hacienda Crossings shall remain in effect. Permitted outdoor activities include, 1. Promotions related to Film Releases, including but not limited to, local radio remote station broadcasts (see discussion below regarding tents and canopies), display of special effect materials such as vehicles used in the film and other film related displays, inflatable play apparatus, and similar types of promotions as determined by the Community Development Director. 2. Public Service Promotions, including but not limited to, MADD (Mothers Against Drunk Driving), Fire Prevention promotions, anti-drug use promotions and similar types of promotions as determined by the Community Development Director. 3. Promotions Supporting Local Businesses, including but not limited to, displaying vehicles owned by a Dublin based automobile dealer and similar types of promotions as determined by the Community Area Code (925) • City Manager 833-6650 • City Council 833-6650 • Personnel 833-6605 • Economic Development 833-6650 Finance 833-6640 • Public Works/Engineering 833-6630 • Parks & Community Services 833-6645 • Police 833-6670 Planning/Code Enforcement 833-6610 • Building Inspection 833-6620 • Fire Prevention Bureau 833-6606 Development Director. All promotions supporting local business shall be limited to Dublin based businesses only. Vehicle display shall be limited to a maximum of 2 vehicles. All permitted outdoor activities shall be limited to the plaza area fronting the Regal Cinema Theater, within the property boundaries of Regal Cinemas, as shown in the attached Site Plan labeled Exhibit A. The area designated on the attached Site Plan as "Fire Truck Access" must remain free and clear of any and all obstructions at all times. All temporary displays including, but not limited to, vehicles, structures, and play apparatus, shall be set back 20-feet from the building and exit doors, on all sides, for adequate emergency access and egress. At no time shall any vehicle, structure, or other object block a required exit from the Theatre. Exit doors should be clearly marked "Exit, Do Not Block" with 2-inch high letters in a color that contrasts with the color of the doors. Permitted outdoor activities shall comply with all local laws and regulations set forth by the City of Dublin Planning Division, Building Division, Fire Prevention Bureau, Public Works Department, Police Services, Alameda County Public and Environmental Health, Dublin San Ramon Services District, and California Department of Health Services. Any activity that utilizes a tent or canopy must comply with the regulations set forth by the Dublin Fire Prevention Bureau. Any activity that involves serving food to the public must comply with the regulations set forth by the Alameda County Health Department. The plaza area fronting the Regal Cinema Theatre shall be maintained in a clean and litter free condition at all times. Permitted outdoor activities shall be limited to the hours of operation for the Regal Cinema Theatre. The Community Development Director shall have the authority to make a determination that a promotion or activity meets the intent of this minor amendment if the activity substantially complies with and does not materially change the provisions or intent of the adopted Planned Development Zoning District. All other activities not listed above, or determined to be similar by the Community Development Director, shall be subject to the Temporary Use Permit regulations in the Dublin Zoning Ordinance. If you should have any questions, please contact the Community Development Department, Planning Division at (925) 833-6610. Sincerely, J4? Eddie Peabody Community Development Director Enclosures: (1) Site Plan labeled Exhibit A (2) Resolution 06-95 CC: PA 94-001 Chron File Area Code (925) • City Manager 833-6650.- City Council 833-6650 • Personnel 833-6605 • Economic Development 833-6650 Finance 833-6640 • Public Works/Engineering 833-6630 • Parks & Community Services 833-6645 • Police 833-6670 Planning/Code Enforcement 833-6610 • Building Inspection 833-6620 • Fire Prevention Bureau 833-6606