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Home My WebLink About6.1 CommerclGPA&Rezn . e CITY OF DUBLIN AGENDA STATEMENT SUBJECT: CITY COUNCIL MEETING DATE: January 10, 1994 Public Hearing: PA 93-052 BJ Dublin Commercial General Plan Amendment/Planned Development Rezone/Tentative Map <'P"D\..\v David K. Choy, Associate Planner REPORT PREPARED BY: EXHIBITS ATTACHED: Exhibit A: / Project Plans Exhibit B: /' Negative Declaration Resolution Exhibit C: /' General Plan Amendment Resolution Exhibit D: ,/' Draft Ordinance approving PD Rezone Exhibit E ./ Draft Resolution approving PD ./ Findings and General provisions Exhibit F: Draft Resolution approving / Tentative Map Exhibit G: Location Map Exhibit H: ./ Applicant's Written Statement RECOMMENDATION: , ~ I ;1 1) 2) 3) 4) 5) Open pUblic hearing and hear Staff presentation Take testimony from Applicant and public Question Staff, Applicant and public Close public hearing and deliberate Waive Second Reading and Adopt the Planned Development Rezone Ordinance (Exhibit D). Adopt Draft Resolutions approving PA 93-052 BJ Dublin Commercial PD Findings and General provisions (Exhibit E), and Tentative Map Tract 6644 (Exhibit F), or give staff and Applicant direction and continue the matter. 6) FINANCIAL STATEMENT: No Significant Cost Impact DESCRIPTION: BACKGROUND The Applicant, John Moore of the J. Patrick Land Company, representing BJ Dublin Commercial, is requesting approval of a General Plan Amendment, Planned Development Rezoning and Tentative Map Tract 6644, for the x7 acre parcel located near the intersection of Dougherty Road and Dublin Boulevard. ---------------------------------------------------~----------------- ITEM NO. COPIES TO: General/Agenda File Applicant/Owner Project Planner Senior Planner ----------------------------------------------------------~----------- ITEM NO. 6.1 COPIES TO: e . On November 22, 1993, the city council took action to approve the Negative Declaration and General Plan Amendment for PA 93-052 BJ Dublin Commercial. On December 13, 1993, the City council initiated the Planned Development Rezone Ordinance for the SUbject application. ANALYSIS The Applicant is requesting approval of: 1) a planned Development (PO) Rezoning; 2) Planned Development General provisions and Development Regulations for the existing 7.066 acre parcel (941-550-49 portion); and 3) Tentative Map Tract 6644 to divide the 7.066 acre parcel into 9 separate lots. Planned Development The proposed PD District would implement the Retail/Office and Automotive General Plan Land Use Designation by establishing a range of retail and service commercial type uses. The following is a list of permitted and conditionally permitted uses for consideration within the new PD District: Permitted Uses a. wholesale/retail stores (including memberShip stores) b. restaurants (sit down) c. business, professional, medical, veterinary offices d. auto service, parts and repair (cleaning & detailing, glass, muffler, brake, tires, body & paint, tune-up, sound and security systems, accessories) e. commercial/personal services (escrow, blue print, copying, commercial supply) f. contractors (plumbing, security systems, flooring, pool/spa, electrical, irrigation) g. financial (bank, savings & loan, stock broker, insurance) h. real estate (broker, mortgage, developer, property management) i. manufacturer showroom (miniblinds, windows, equipment) j. light industrial (assembly, packaging and distribution) k. private schools (supplemental learning center, beauty college) Conditional Uses a. daycare b. drive-thru businesses c. commercial amusement/recreation d. automobile dealerships (new, used car sales, rental lots) e. research and development f. outdo'or storage yard (must be enclosed by a solid wall or fence) g. nurseries with outdoor storage/display h. veterinary offices with overnight caretaker facility 2 e e The new PD District will emphasize development consistent with the C-2 District in terms of permitted and conditional uses, land use . regulations and minimum/maximum development criteria. The C-2 District does not require setbacks for this property. This will allow more efficient utilization of land, and help to facilitate commercial rather than industrial type developments. Tentative Map The Applicant is requesting approval of Tentative Map Tract 6644 to divide the existing 7.066 acre parcel (941-550-49 portion) into 9 separate lots. The western half of the site, comprised of Lots 1-3, is intended to accommodate two large retailers (between 25,000 and 45,000 square feet) and a small pad lot along the Dougherty Road frontage. The eastern half of the site, comprised of Lots 4-9, will be reserved for six smaller lots (each approximately .5 acres) which will be sold individually to accommodate the development of "owner/user", or service commercial type uses. As part of each individual application for site Development Review, the Public Works Department will review the individual requests to determine the extent of potential project related impacts on local roadways. Each project will be required to pay their proportionate share of traffic impact mitigation fees. Credit may be given for past developer contributions toward major street improvements. The Property Owner is participating in the Assessment District for the Dublin Boulevard Extension/Dougherty Road widening project, and has dedicated property for frontage improvements along both roads. The Property Owner is requesting approval of the Tentative Map to help disperse the obligation to the Assessment District lien currently on the single parcel. On November 1, 1993, the Planning Commission held a public hearing to review the proposed project and adopted Resolution No. 93-037, recommending that the city Council approve the Negative Declaration, Resolution No. 93-038, recommending that the city council adopt the General Plan Amendment, Resolution No. 93-039 recommending that the city Council approve the Planned Development Rezoning request and Resolution No. 93-040, recommending that the city council approve the Tentative Map request The project has been reviewed by other city departments and affected agencies and their comments have been incorporated into the conditions of approval. Staff and the Planning Commission recommend that the City council waive the second. reading and adopt the Planned Development Rezone Ordinance (Exhibit D) and adopt the draft Resolutions approving PA 93-052 BJ Dublin Commercial Planned Development General provisions (Exhibit E) and Tentative Map Tract 6644 (Exhibit F) . 3 - - ~ ': ;:: ~ :_;~ '/ '/ 7 - """- ::~~ ; ~ '/ I I "IKJI' r7 ~,,~~ I I I -z.:.: 0.... '" " / / - /'" , /. //' / " ///: / .iF "I .L../ / /',{I/ I /1/'/ '/~!t ,!.: / ",oli -1/ ( r/ ;,"' 1/ , 1'/1/ ; 11'1// / 1../'11/ i; I 1..,,1/ / " I ';I/~/I/ ;; ~( jr~? h ~,.;" / " // r I , I 1 1 \ I I I I I I I I HI I i\ I , I ~-----I I I \ \ I ! , ~ , I I o , I ", " 17 U . Ii ! ~ i I z I~ 0 Vi z { lLJ l- X lLJ I~ { . I 0 :2. ; :;- ':\ :J 0 CIl i.~ II~ ! ! I ~ ~ . ~- ~~ ~~ "'>... ~~ Of: d:,^ (.. o L ~ I I I I I I 1 1 I I I I I \ I I -~ .... 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'lj' 5 <( ">t ~ Uc.Du ,(J)(O~ e ;; ~,"Or-~ zu ~ ;; <( < ~ : ~ 0::< ~ >- r- :: 0: 15 <( ~ z 8 ::2 -l ill 0: 0- 'N-:-:~ :'fl:l: t~''I"1>.' .' . ~~~ ,.... . -.~'" \.:1': ~ I !1 I.. I.. ~ ~ 1......'-o4I't !llibj;$( ~ . ... ... - . .. ,0 ~~ \I' . . g~~:;':. - .., ... ~ ... .- ......~~.410. .~~ ..i".=co ~\' ::,,_Q!n ~h. z:.: ~ hI I ~ .. 11 ; \J ~~ .1 < "" \ w""'" " ~ <. , . .. I-~ :::i \J :-':::'.;):.....:~... ....... ~... ,x ~ Wi 5 ~. ~~ 0 .. I tJ) \J ;:; I!J ~<~ "" ~ . ! "'- . z I 1 I ! I tJ) \oJ~~ .~ (~-,...... . .. 1 1 II h hi :J ~ <; ~~ ~... ..1 ... ... , . 0 . ~ ~~~;i ~n ,. " ...:- % > :=.... 1//\0" I .. < < :J.:= !' I r I I ...l~ m'- I H H! Ii Ii!! 1\ 'Z= ..' ..11 o~ OlE; ...... (; :::\ :::i \; ~;l ~\ \l~l ~O ~,"J ~\~ L< I~. u ~.~') ~ 1. REC'EIVED' Dc:,..~~~-:-'-'-l P-6{i);.. b[ \ ".... AUG 27 1ccq 6\~ '-''-'~ rF\ '13..(.:'2- DUBLIN PLA.NN1N<? , ~:.. <'" ==:;!1 .>oWI "i~H :::;1l\ EXHIBIT Ag:~" ~t-~,f'6 ~. ~ .....- I ... ... ... ... 'f-.O~'i) ~ \, . ,- .'~~-- .. .. . . '. . . :;! 1 z<,.!o<! 0< ~ . ill '" z 3 15""tll 6 · u · c I 1: H -\ ~ o ! lEt ; ~Illil,.-~ 0 ~1_~_~8~ o .. -< :> ... ""e \ i~i~lill'l (1"J: , i\\!\\\\ !1i!IlH ' ri I I ttl s .... I gg 1 f:;; .\ -\ L ~\! ";' 'I: ~ l ~ . .. 11 ! 11 ..! ~ (5 :>- ~ w o w (j ~ i w I! i 11 ~ '\ - I- .., 6 Ii z < ~ ...J . e.. ~ " w ...J I- w Vi t; " " ~ w : " e<: :) t;; .-,' I- '," e.. ' , u () 6 z ~ 0 u c::> r l l : 0 1 ! h </ {1 1 . , ~i.~ 1 ~- T'~ ~..; r: ,..-t"~" -,....,~ -::. t ,f i \ ~ nil i I ! I h i i ih~~:~~U ~t , .... \r, " "It. .. ". :. .... ' EXHIBIT r\ faJl- ~ Dr !7 t, '0 ::: ~ > - - .... )JJ ~ u c.= lJ.l =: ~ -< 6 ~ u w VI V> '" O' e.: u w o < ~ w :Z:':.IS ~ t) "-0<:' :;c: .. ::: C C<::.;.... - ..-e ~ RESOLUTION NO. 127 - 93 --------------------------------------------------------------------- ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE FOR PA 93-052 BJ DUBLIN COMMERCIAL GENERAL pLAN AMENDMENT/PLANNED DEVELOPMENT REZONING/TENTATIVE MAP WHEREAS, The J. Patrick Land company (APplicant), representing BJ Dublin commercial, a California Limited partnership, is requesting approval of I) a General plan Amendment for five parcels [941-550-49 (por) , 9-17, 10-17, 10-11 (por) and 12-7 (por)] located near the corner of Dougherty Road and Dublin Boulevard; 2) planned Development Rezoning to establish General provisions and Development Regulations for the existing 7.066 acre parcel [941-550-49 (por)]; and 3) Tentative Map to divide the existing 7.066 acre parcel [941-550-49 (por)] into 9 separate lots; and WHEREAS, the California Environmental Quality Act (CEQA), state CEQA Guidelines and city Environmental Guidelines require that certain projects be reviewed for environmental impact and that environmental documents be prepared; and WHEREAS, an Initial study waS conducted finding that the project, as proposed, would not have a significant effect on the env,ronment; and A RESOLUTION OF THE CITY COUNCIL OF THE CITY of DUBLIN WHEREAS, a Negative Declaration has been prepared for this project; and WHEREAS, the planning commission did hold a public hearing on said application on November 1, 1993 and did adopt Resolution No. 93-037, recommending that the city council approve the Negative Declaration, Resolution No. 93-038, recommending that the city council adopt the General Plan Amendment, ReSOlution No. 93-039 recommending that the city council approve the Planned Development Rezoning request and Resolution No. 93-040, recommending that the city council approve the Tentative Map request; and WHEREAS, the city council did review and consider the Negative Declaration at a public hearing on November 22, 1993; and WHEREAS, public notice of the Negative Declaration waS given in all respects as required by law. NOW, THEREFORE, BE IT RESOLVED THAT THE city council does hereby find that: I. The project will not have a significant effect on the environment. EXHIBIT -B e .e 2. The Negative Declaration has been prepared and processed ,n accordance with state and local environmental laws and guideline regUlation. 3. The Negative Declaration is complete and adequate. BE IT FURTHER RESOLVED THAT THE Dublin city council does hereby adopt the Negative Declaration for PA 93-052 BJ Dublin commercial General plan Amendment/Planned Development Rezone/Tentative Map. PASSED, APPROVED AND ADOPTED this 22nd day of November, 1993. AYES: Councilmembers Burtonl Howard, Moffatt and Mayor snyder NOES: None ABSTAIN: councilmember Houston ~~~-~- Mayor u ATTEST: ~atcL - 2 - . e I'" RESOLUTION NO. 128 - 93 --------------------------------------------------------------------- ADOPTING PA 93-052 BJ DUBLIN coMMERCIAL GENERAL PLAN AMENDMEN~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN WHEREAS, The J. Patrick Land company (APplicant), representing BJ Dublin commercial, a california Limited partnership, is requesting approval of 1) a General Plan Amendment for five parcels [941-550-49 (por), 9-17, 10-17, 10-11 (por) and 12-7 (por)] located near the corner of Dougherty Road and Dublin Boulevard; 2) Planned Development Rezoning to establish General provisions and Development Regulations for the existing 7.066 acre parcel [941-550-49 (por)]; and 31 Tentative Map to divide the existing 7.066 acre parcel [941-550-49 (por)) into 9 separate lotsi and WHEREAS, the planning commission did hold a public hearing on said application on November 1, 1993 and did adopt Resolution No. 93-037, recommending that the city council approve the Negative Declaration, Resolution No. 93-038, recommending that the city council adopt the General Plan Amendment, Resolution No. 93-039 recommending that the city council approve the Planned Development Rezoning request and Resolution No. 93-040, recommending that the city council approve the Tentative Map requesti and WHEREAS, the city council did hold a public hearing on said application on No~ember 22, 1993; and WHEREAS, proper notice of said public hearing was given in all respects as required by lawi and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act JCEQ~.) and a Negative Declaration of Environmental Significance has been adopted (City council Resolution No. 127 - 93). The project, as proposed, will not have a significant effect on the environment; and WHEREAS, the existing Business park/Industrial: outdoor storage General plan land use designation is not appropriate for the area because the Dublin Boulevard Extension project has greatlY improved the vehicular access and visibility for the subject properties, allowing for the intensification of land uses; an~ WHEREAS, the proposed Retail/Office and Automotive General plan land use designation could provide the impetus for the transition of this area away from the industrial/outdoor storage useS which currently exist, and encourage retail and service commercial development along the Dublin Boulevard Extensioni and WHEREAS, the staff Report waS submitted recommending that the application be approvedi and WHEREAS, the city council did hear and consider all said reports, recommendations and testimony hereinabove set forth. EXHIBIT C, e e NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin city council does hereby approve PA 93-052 BJ Dublin commercial General Plan &~endment for five parcels [941-550-49 (par), 9-17, 10-17, 10-11 (par) and 12-7 (par)) located near the corner of Dougherty Road and Dublin Boulevard. changing the land use designation from BusinesS park Industrial to Retail, Office and Automotive. BE IT FURTHER RESOLVED THAT THE Dublin city council does hereby direct staff to edit, format, and print the up-to-date Dublin General plan with all city council aoproved revisions and without any other substantive changes. ~ PASSED, APPROVED AND ADOPTED this 22nd day of November I 1993. AYES: councilmembers Burtonl Howard, Moffatt and Mayor snyder NOES: None r--~t0-~ Mayor' " ABSTAIN: councilmember Houston ATTEST: n\g{rJf;-cJc - 2 - e e ORDINANCE NO. - 94 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING THE ZONING ORDINANCE TO PERMIT THE REZONING OF REAL PROPERTY LOCATED AT THE NORTHEAST PORTION OF THE INTERSECTION OF DOUGHERTY ROAD AND DUBLIN BOULEVARD ------------------------------------------------------------------------------------ The City council of the City of Dublin does ordain as follows: section 1 Chapter 2 of Title 8 of the Dublin ordinance Code is hereby amended in the following manner: Approximately 7.066 acres generally located on the east side of Dougherty Road and on the north side of Dublin Boulevard, more specificallY described as Assessor's Parcel Numbers 941-550-49 (portion), are hereby rezoned from a PD (Planned Development) District permitting uses from the M-1, Light Industrial and c-2, General commercial Districts, to a PO (Planned Development) District permitting uses from the C-2, General commercial District; and PA 93-052 _ BJ Dublin commercial, as shown on Exhibit A (project plans), Exhibit B (Negative Declaration of Environmental significance), Exhibit C (General Plan Amendment), Exhibit E (Findings and General provisions) and Exhibit F (Tentative Map Tract 6644) 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 is outlined below: ~ ~ .. - .-- _.~~.- .. .. --.. - .. - - .. ~@~ ~. . Ii . .u@: -"1'''01" "". ... ...'._1....'... ,.~. mr ~ l- I( '" .... u ~ a f.l . o_s.'''' g..v~, (\I" 'J III n~ 0,," 5t.1e7~r PfZDf'Em ~M Pi,? (11411 %.1,),) fp PO (PA 93.0~.z.) .. "G)~ ~ " :', : ,"' . ," ~" :; :! '. . ~ EXHIBiT D e e section 2 This Ordinance shall take effect and be enforced thirty (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 a local newspaper published in Alameda county and available in the City of Dublin. PASSED AND ADOPTED BY the city council of the city of Dublin, on this 10th day of January, 1994, by the following votes: AYES: NOES: ABSENT Mayor ATTEST: city Clerk 2 e e RESOLUTION NO. - 94 --------------------------------------------------------------------- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AND ESTABLISHING FINDINGS AND GENERAL PROVISIONS FOR A PD, PLANNED DEVELOPMENT REZONING CONCERNING PA 93-052 BJ DUBLIN COMMERCIAL WHEREAS, The J. Patrick Land Company (APplicant), representing BJ Dublin commercial, a California Limited Partnership, is requesting approval of 1) a General Plan Amendment for five parcels [941-550-49 (por), 9-17, 10-17, 10-11 (por) and 12-7 (por)] located near the corner of Dougherty Road and Dublin Boulevard; 2) Planned Development Rezoning to establish General provisions and Development Regulations for the existing 7.066 acre parcel [941-550-49 (por)]; and 3) Tentative Map to divide the existing 7.066 acre parcel [941-550-49 (por)] into 9 separate lots; and WHEREAS, the Planning commission did hold a public hearing on said application on November 1, 1993 and did adopt Resolution No. 93-037, recommending that the city council approve the Negative Declaration, Resolution No. 93-038, recommending that the city council adopt the General Plan Amendment, Resolution No. 93-039 recommending that the city council approve the planned Development Rezoning request and Resolution No. 93-040, recommending that the city council approve the Tentative Map request; and WHEREAS, the city council did hold a public hearing on said application on January 10, 1994; 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 provisions of the California Environmental Quality Act (CEQA) and a Negative Declaration of Environmental significance has been adopted (City Council Resolution No. 127 - 93). The project, as proposed, will not have a significant effect on the environment; and WHEREAS, the staff Report was submitted recommending that the Planned Development Rezone application be conditi~nally approved; and WHEREAS, the city council did hear 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: EXHIBIT ~ e e 1. The Planned Development Rezoning will be appropriate for the subject property in terms of providing a range of permitted and conditionally permitted uses which will be compatible with existing and proposed land uses in the immediate vicinity. 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. 3. The planned Development Rezoning will not overburden public services. 4. The Planned Development Rezoning will be consistent with the General Plan. BE IT FURTHER RESOLVED THAT THE Dublin city council does hereby approve PA 93-052 BJ Dublin commercial planned Development Rezoning as shown by materials labeled Exhibit A, stamped approved and on file with the Dublin planning Department subject to the requirements of the related General Plan Amendment and Tentative Map and subject to the following conditions. CONDITIONS OF APPROVAL: otherwise lied to 1. PA 93-052 BJ Dublin commercial planned Development Rezoning is approved to establish Findings and General provisions for the existing 7.066 acre parcel [941-550-49 (por)]. This approval shall generally conform to the plans prepared by wilsey & Ham, consisting of 4 sheets, dated received by the Planning Department on october 25, 1993, and the plan prepared by Banducci Associates Architects, consisting of 1 sheet, dated received by the planning Department on August 27, 1993, labeled Exhibit A, stamped approved and on file. [PL, PW] 2. The following principal uses are permitted in PA 93-052 PD District: [PL] a. wholesale/retail stores (including membership stores) b. restaurants (sit down) c. business, professional, medical, veterinary offices d. auto service, repair and parts (cleaning & detailing, glass, muffler, brake, tires, body & paint, tune-up, sound and security systems, accessories) e. commercial/personal services (escrow, blue print, copying, commercial supply) 2 e e f. contractors (plumbing, security systems, flooring, pool/spa, electrical, irrigation) g. financial (bank, savings & loan, stock broker, insurance) h. real estate (broker, mortgage, developer, property management) i. manufacturer showroom (miniblinds, windows, equipment) j. light industrial (assembly, packaging and distribution) k. private schools (supplemental learning center, beauty college) 3. The following uses are conditional uses in PA 93-052 PD District, subject to approval of a Conditional Use permit: [PL] a. daycare b. drive-thru businesses c. commercial amusement/recreation d. automobile dealerships (new, used car sales, rental lots) e. research and development f. outdoor storage yard (must be enclosed by a solid wall or fence) g. nurseries with outdoor storage/display h. veterinary offices with an overnight caretaker 4. Except as specifically modified by these Conditions of Approval, development and operation of land use activities within this PO, Planned Development, District shall be subject to the provisions of the C-2, General commercial, District of the city of Dublin Zoning Ordinance, with regard to permitted/conditional uses, land use restrictions and minimum/maximum development criteria. [PL] 5. prior to recordation of the Final Map, the property Owner shall submit conditions, covenants and restrictions (CC&R'S) which must include, at a minimum, the following provisions: internal circulation, joint parking, Emergency Vehicle Access, cross access easements, a comprehensive architectural and building design program, joint landscaping and maintenance, and a joint sign program, to ensure the quality of design and coordinated operation of the individual parcels. [PL] 6. All lots shall observe a minimum lot size of 20,000 square feet. [PL, PW] 7. The Planned Development District shall permit a substandard effective lot frontage for Lot 2 of Tentative Map 6644, in a form approved by the city Attorney. An irrevocable Common AccesS and Public utility Easement shall be recorded acrosS Lots 1 and 3, which provides vehicular ingress and egress from Dougherty Road and Dublin Boulevard for Lot 2. [PL, ADM, PW] 8. The planned Development District shall permit off-site signage located on freestanding signs. Businesses will be permitted to advertise on freestanding signs which are located off-site (but within this PD District), due to the signs' placement at the major project entries.within the PO District. [PL] 3 e e 9. Development occurring on the individual lots within the PD District, shall be subject to approval of site Development Review. [PL) 10. Development of any structure in this PD District, requiring site Development Review shall be subject to appropriate traffic mitigation fees to mitigate off-site impacts attributable to sucb development. [PL, PW) PASSED, APPROVED AND ADOPTED this 10th day of January, 1994. AYES: NOES: ABSENT: Mayor ATTEST: city Clerk 4 e e RESOLUTION NO. - 94 --------------------------------------------------------------------- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING PA 93-052 BJ DUBLIN COMMERCIAL TENTATIVE MAP TRACT 6644 TO DIVIDE AN EXISTING ~7.1 ACRE VACANT PARCEL INTO NINE SEPARATE LOTS WHEREAS, The J. patrick Land Company (Applicant), representing BJ Dublin Commercial, a California Limited Partnership, is requesting approval of 1) a General Plan Amendment for five parcels [941-550-49 (por) , 9-17, 10-17, 10-11 (por) and 12-7 (por)] located near the corner of Dougherty Road and Dublin Boulevard; 2) Planned Development Rezoning to establish General provisions and Development RegUlations for the existing 7.066 acre parcel [941-550-49 (por)]; and 3) Tentative Map to divide the existing 7.066 acre parcel [941-550-49 (por)] into 9 separate lots; and WHEREAS, the state of california subdivision Map Act and the adopted city of Dublin Subdivision ordinance require that no real property may be divided into two or more parcels for purpose of sale, lease or financing unless a tentative map is acted upon, and a Final Map or Parcel Map is approved consistent with the Subdivision Map Act and city of Dublin Subdivision Ordinance; and WHEREAS, the Planning commission did hold a public hearing on said application on November 1, 1993 and did adopt Resolution No. 93-037, recommending that the city council approve the Negative Declaration, Resolution No. 93-038, recommending that the city council adopt the General Plan Amendment, Resolution No. 93-039 recommending that the city council approve the planned Development Rezoning request and Resolution No. 93-040, recommending that the city council approve the Tentative Map request; and WHEREAS, the city council did hold a public hearing on said application on January 10, 1994; 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 provisions of the California Environmental Quality Act (CEQA) and a Negative Declaration of Environmental significance has been adopted (City council Resolution No. 127 - 93). The project, as proposed, will not have a significant effect on the environment; and WHEREAS, the Staff Report was submitted recommending that the Tentative Map be conditionally approved; and WHEREAS, the city council did hear 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: A. subject to the conditions set forth beloW, Tentative Map Tract 6644 is consistent with all elements of the city of Dublin EXHIBIT r e e General Plan and complies with the provisions of the state Subdivision Map Act and the city of Dublin Subdivision ordinance. B. The design of the subdivision or the type of improvements for Tentative Map Tract 6644 are consistent with all elements of the city of Dublin General Plan and complies with the provisions of the state Subdivision Map Act and the city of Dublin Subdivision Ordinance. c. The site is physically suitable for the type and density of servige commercial, retail, office and automotive development proposed in that the site is level, of sufficient size for the proposed development and is adjacent to Dublin Boulevard and Dougherty Road. D. The design of the subdivision or the type of improvements proposed for Tentative Map Tract 6644 are not likely to cause substantial environmental damage or sUbstantially and avoidably injure fish or wildlife or their habitat based upon the findings of a Negative Declaration dated october 11, 1993. E. The design of the subdivision or the type of improvements proposed for Tentative Map Tract 6644 will not cause serious public health problems in that all necessary utilities are available and zoning, Building and SUbdivision ordinances control the type of development and the operation of the uses to prevent health problems after development. F. The design of the subdivision or the type of improvements proposed for Tentative Map Tract 6644 do not conflict with easements, acquired by the public at large, for accesS through or use of, property within the proposed subdivision, as defined by section 66474 of the Government code, state of California. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin city council does hereby approve FA 93-052 BJ Dublin commercial Tentative Map as shown by materials labeled Exhibit A, stamped approved and on file with the Dublin Planning Department subject to the requirements of the related General Plan Amendment and PD Rezoning and subject to the following conditions. CONDITIONS OF APPROVAL: otherwise lied to 1. PA 93-052 BJ Dublin commercial Tentative Map Tract 6644 is approved to divide an'- existing =7.066 acre vacant parcel into nine separate lots. This approval shall generallY conform to the plans prepared by wilsey & Ham, consisting of 4 sheets, dated 2 e e received by the Planning Department on october 25, 1993, and the plan prepared by Banducci Associates Architects, consisting of 1 sheet, dated received by the planning Department on August 27, 1993, labeled Exhibit A, stamped approved and on file. (PL, PW] 2. The Applicant shall comply with all applicable city of Dublin Typical Public Works conditions of Approval for Subdivisions. (see Attachment F-l). [PL, PW, B] 3. Should the Applicant wish to defer compliance with conditions No. 2.b., 6, 37, 40 and 50 of city of Dublin Typical public Works conditions of Approval for Subdivisions (Attachment F-l), a base vehicular access and landscaping plan shall be prepared, subject to review and approval of the public Works Director and the Planning Director, prior to the recordation of the Final Map. Improvements on the base vehicular access and landscaping plan shall be completed prior to the issuance of the first building permit for the site. [PW, PL] 4. An Emergency Vehicle Access (EVA) easement shall be submitted for review and approval by the city Engineer prior to parcel Map approval. This EVA shall allow for practical emergency vehicular access from the Allsafe Self storage project to the north, to Dublin Boulevard, across the eastern portion of Lot 9. [PW] 5. An irrevocable Common AccesS and public utility Easement, in a form approved by the city Attorney, shall be recorded acroSS Lots 1 and 3, which provides vehicular ingress and egress from Dougherty Road and Dublin Boulevard for Lot 2. [PL, ADM, PW] 6. A Common Access Easement, in a form approved by the city Attorney, shall be recorded along the eastern border of Lot 1 and/or along the western border of Lot 2 to ensure adequate vehicular ingress and egress. Location and form of said easement shall be subject to review and approval of the public Works Director. [PL, PW] 7. In addition to the existing PG&E and Zone 7 easements, a 15 foot wide water line easement located along the eastern property line of Lot 9 shall be dedicated to the Dublin San Ramon services District (DSRSD). [DSR] 8. Prior to issuance of individual building permits, if water and sewer services are to be provided to each lot, the Applicant is required to provide individual metered connections for each lot or building off of the existing 12" water line located in Dublin Boulevard, subject to review and approval of DSRSD. [DSR] 9. The Applicant shall provide an easement for sewer line construction and maintenance purposes for the branch sewer system proposed through the parking lot, subject to review and approval of DSRSD. [DSR] 10. Prior to the issuance of individual building permits for each lot, the Applicant shall be required to pay all applicable sewer and water connection fees and other permit, plan review and inspection fees as determined by DSRSD. [DSR] 3 e e 11. All buildings, structures and trees shall be located outside of, and shall not impede accesS to the existing 15-foot ACFC&WCD easement running parallel to the eastern property line. Zone 7 has a 24-inch steel waterline within this easement, which must remain under a minimum of three feet of cover. prior to any construction, an encroachment permit must be obtained from Zone 7. [COJ 12. All known wells without a documented intent of future use, filed with Zone 7, shall be destroyed prior to any construction, in accordance with a well destruction permit obtained from Zone 7. [Zone 7J 13. Any damage incurred to the public improvements throughout the ~roject, prior to completion and/or acceptance by the public Works Director shall be the responsibility of the Developer. [PWJ 14. This approval shall be revocable for cause in accordance with section 8-90-3 of the Dublin Zoning Ordinance. [PLJ 15. The approval of this Tentative Map shall expire in accordance with the regulations of section 66452.6 of the Subdivision Map Act. [PW, PLJ 16. If one or both of the city of Dublin remnant parcels [APN 941- 550-10-11 (por) and 12-7 (por)J are acquired by the subdivider, Lots 1 and 2 of the Final ~ap may be modified to accommodate the new parcel configuration. [PW, PLJ 17. Prior to recordation of the Final Map, a commercial Property Owners Association shall be established to the satisfaction of the city Attorney, planning Director and public Works Director. said Association shall incorporate and enforce the CC&R's and the provisions of the Planned Development Rezone. [PL, PW, ADMJ PASSED, APPROVED AND ADOPTED this lOth day of January, 1994. AYES: NOES: ABSENT: Mayor ATTEST: city Clerk 4 . r" . . -e i --..~I o .<( o 0::: 0)- >~ ...JW C!):r: Z~ ~ :; -- -:) ...JO go Clu.. o t- en <( W 0.\ "I t\ <le\ ~. e ~. . EXHIBIT tt ,....--- ~. e .e Dublin Commercial Center Project Owner: BJ Dublin Commercial, a Califomia Limited Partnership Project Applicant: J. Patrick Land Company, 5627 Stoneridge Drive, Suite 320, Pleasanton, CA 94588, (510) 463-1688. Contacts: John Moore, Cindy Guyon. History: The 7 acre site is located near the intersection of Dougherty Road and the Dublin Boulevard Extension. The properry has been vacant at least 16 years. A prior owner had graded the property in 1977 intending to build a subdivided industrial parle After grading, consrruction was never underta..1.c.en and the properry changed hands a number of times. In 1988, the current owners of the Propeny be"an working with the City to create a reasonable developmen t plan for the site. E ventuall y, the city's cUculation plan in the east end of Dublin was changed to eliminate Sierra Lane and to instead extend Dublin Boulevard as the frontage road along Interstate 580 to the Hacienda and Santa Rita interchanges. With the completion of the Dublin Boulevard extension on August 17, 1993, the site is served with a 200 foot frontage on Dougheny and a :1:1,000 foot frontage on Dublin Boulevard. Land Use: The propeny is in a large area east of Dougherty Road currently designated at Business Park and Outdoor Storage.- Most parcels to the nonh and south of the parcel are d~veloped in accordance with this-general plan desiguation. (Borchers Bros., Admiralry Van Lmes, U-Haul, Schork/El Monte Recreation Vehicle, Busick, Dolans Lumber). Several parcels were developed under this designation but are cunently unoccupied (Lemoine, Scotsmans, Corallo, Vangelatos). 1minediately to the north of the subject site, the City has approved a rrumstorage facility which is currently under constrUction. Planning Considerations: Regional Planning in the East Dublin Planni.ng Area has been un.derway for several years. Although a plan has yet to become effective allowmg development m thlS !'fea, good plan~ing principal dictate that growth is ~kely to oc~ur in this area w~re urb,,; seIVtCeS and faclhtles can be efficiently and economIcally provtded wHh a mtnlmUm 0, environmental impacts. The. extension of Dublin Boulevard (with related utilities) and the consrruction of the neW BART statlon between Hopyard and Hacienda are the beginnings of the public infrasrructure that WIll serve the East Dublin Planning Area. Planning srudies in this area have projected that Dublin Boulevard extension will soon become a major arterial road carrying in exceSS of20,000 trips per day. Ciry Stalf predicts that L,e change in clIculation pattems will revitalize the arel and suppon an upzoning of the properties along the new Dublin Boulevard extension. The project owner is responsible for repayment of a significant ponion of the Assess;;:ent District bonds whIch funded the Dublin extension and Dou"herry improvement work. Current econom" realities suggest that as a single parcel, the sheer siz~ of the assessment puts the bonti repayment at some risk, both now as an undeveloped parcel, and in the future, if the project had to wa~t to develope as a smgle parcel. Splitting the property mto several parcels, each WIth Its pro ra.ted sn";" of assessment hen, will dilute the potential for default on the assessment hens ~e.&eH{C: B~,e, T Ii R E C E N~ . ment of the parcels. 1\ n d , ~ - . - n . (, i\, - - -" . Ul ItfG" .- ,e e Dublin Storage Center Submitted August 24,1993 Page 2 Application: The applicant seeks the following: A. General Plan Amendment from Business Pari<. and Outdoor Storage to Retail/Office and Automotive B. Rezoning to Planned Development with an allowed list of uses. (See attached listing) C. Subdivision of the site into 9 parcels of varying sizes. Project ~escription: The proposed project will include 9 parcels for varying u~es. The apphcant mtends to subdivide the 7 acre property and sell parcels to end u~m who eacn process theIr own S1le Development Review throu.h the City. As of the date of tlns subtJllttal, no actual end users are identified. Therefore, a list of pennitted uses is provided as a part of this submittal package. The project is roughly divided in half to take advantage of the Dougherty Road Frontage and the Dublin Boulevard Frontage. The plan calls for a small pad user at the western end of the project Wlth.a mini-box retail user immediately behind. Then, fronting on Dublin, but still witb good VlsIbility from the Dublin/Dougheny intersection, anothet;large retail use is anticipated. The balance of the site consists of 6 parcels that are intended to house owner/user businesses. In accordance with S tafr s condition under the parcel Map 6571, these parcels are shown as i:1{2 acre lots. (As specific users become known, lot lines may be adjusted to taylor lots to the purchaser's needs. Reduction in size of some lots would increase size of othm. The number of lots will be maintained) The site plan for this portion of the project includes building envelopes that would allow a maximum building covera.e of 31 % for a single story or 35% with a second story mezzani~e ?ption while still providing requisite parking for the intended uses. It ~s. intended that these bUIldmgs would be positioned as zero lot line to the rear and on one 51?e so that the appearance from the street will be three buildin., on the six parcels. The end user IS not reqUIred to utilize the entire building envelop. Given the-end users actual use, parking dictates ",ay require a reduction in square footage for the building itself. This issue will be addressed during the Site Development Review for the actual user. Circulation: The project parcels will each have good access to Dublin Road and Dougheny Boulevard. During an interim period prior to the cons~ction of the south lanes of Dublm Boulevard, all pOlntS along Dublin Boulevard would be Rlght and Left In and Out. However, assummg the completion of Dublin Boulevard improvements, the following permanent access pomts are shown: : I. Fully signalized Four Way intersection at Dougheny Road and Sierra Lane. 2. Right InlRight Out curb cut at southwest comer of the propeny to service the smoll pd user (could be a quick lute or a fast food where easy traffic flow through is im,onant). 3. Ri gh t InIRi gh t out curb cut at the retail user parcel on Dublin Boulevard. 4. Ri gh t and Le ft InlRight and Left out curb cut at Dublin Boulevard at the location of the existing median bre:ik (which would have to be modified slightly to allow an accelertlOOn - ~ R E eEl lane for eastCound exit). , E~ HI R I ! VF'" I~ !-!., ou:~ ~ I ~Jt 2- d-~ ". e Dublin Storage Center submitted August 24,1993 Page 3 5. Right InJRight Out curb cut between median break and "Chabot Road" intersection. ('1/ e understand that the City intends to officially name this street something else, bnt for purposes of this statement, Chabot Road is used.) Intemal c!rculation is provided acrosS the entire site through properly sized drivewa~s. Parcels will each mclude easements for ingress and egress benefiting the other parcels m the project Parking: A total of 340 parking spaces are shown on the PD exhibit to this submittal. Actual parkmg WIll depend on actual uses. A breakdown of parking spaces shown per parcel 15 as follows: Parcell Pad 8 spaces Parcel 2 Mini 'cox 139 spaces Parcel 3 Retail 66 spaces Parcel 4 OwnerlU ser 18 spaces Parcel 5 OwnerlU ser 13 spaces Parcel 6 OwnerlUser 27 spaces Parcel 7 OwnerlU ser 24 spaces Parcel 8 Owner/U ser 16 spaces Parcel 9 OwnerlU ser 29 spaces . Parking spaces are owned in fee by the owner of the parcel. No cross parking is provided. OwneriU sers will have the ability (but not the obligation) to contract with each other for shared use of ~a:king spaces with neighboring parcels. Each user must provid~ 'assurances through thm mdiVldual SHe Development Review that the parking provided is suffiCIent for the actual mtended use. Commercial Property Owners Association: The six owner/user parcels will have Covenants,IConditions and Restrictions ("CC&R's) creating a commercial Propeny Owners Associatior! to provide for architectural control and landscaping and driveway mainteaance, The other parc:ls in the project will not be a part of the Association. The padfretai1 useS are sufficiently different III tenus of traffic, lITeater maintenance needs, and archHectural dictates of potennal "franchise" buyers, that they can not fairly be incorporated into the Association. A. Architecturnl Control. The submittal package inclndes schematic elevations for the buildings containing mandatory elements for the buildings which will provide uniformity to this portion of the project (e.g. exterior wall constrUction type, colors, sign.ge panels, . accent tiles, metal trellis, window tre:lODents). parcel buyers are expected to subtnlt therr own architectural plans in connection with Site Development Review which comply WIth the schematics provided in the submittal. The buyer is allowed flexibility in whether to position the buildin. to front on or side on to Dublin Boulevard. Also, the Buver can rearrange the various elements of the building (e.g. increase glass area, extend rrellis, add the second story mezzanine, etc.). B. Lan dsca p e. The su bmi ttal pckage includes a schematic landscape plan for &,e owner/user end of the project The palette of plants and trees is established to ceate uniformity in design, however, owners will submit their specific landscaping pi:!llS witb their Site Development Review application. Subsequent to installatiun, ;rogation systems and landscaping will be maintalued by the Association. Landscaping easemer.~ "ill be R E eEl V muded in the plan and will be commonly owned by the association. EXH ! ~ IT. lJ. n"('''b" tPl n HU,~ (. lS9i '" ~Jt :; c-r r; ,- . e Dublin Storage Center Submitted August 24, 1993 Page 4 C. Driveways. The driveways in the owner/user end of the project will be maintained by the association following installation by the individual lot buyers. The easements over the driveways will be commonly owned by the association. Benefits to City: The city benefits from the proposed project in a number of ways: A. The project furthers stated obiectives of up~dina the uses along this furore gateway to the C. J::;' I;> Ity. B. The project allows for the dilution of risk of default on assessment dismct assessments. C. The project allows for introduction of additional sales ta.~ base through potential retail uses within the project. EXH\B\1 H RECE1VED AUG 2. G 1993 ", . 11.J~ i( ~ ~ ~. .. . Dublin Storage Center Submined August 24, 1993 Page 5 Proposed Permitted Uses RetaiVOffice and Automotive Designation wholesale/retail stores (including membership stores) restaurantS (examples: full service sit down, fast food with drive.thn1) business and professional offices auto dealerships sale of auto partS (examples: tires, sound systems, accessories, security systems) auto body shops (examples: paint, body) autO service (examples: quick luc.,lservice, cleaning and detailing, glass, muffler, bra.<es) commercial/personal services (examples: escrow, blue print, copying, commercial supply) contractors (examples: plumbing, security system, flooring, pool/spa, electrical, irrigation) financial (examples: bank, savings & loan, stock broker, insurance) real estate (examples: broker, mortgage, developer, property management) Manufacturerrepresen tative with showroom (eXaInples: miniblinds, windows, equipment) Other requested uses for PD -: Private school (examples: supplement>! learning center, beauty college) Daycare Commercial Amusement (examples: skating rink, electronic entertainment, health club) Light industrial--assembly, packaging, and distribution only Research and Development Horne improvement w/ outdoor storage Nursery w/ outdoor storage . Public and Quasi-public uses EXHIBIT H RECEIVED AUG 26 1993 (fjt t? of ?