HomeMy WebLinkAbout6.2 CommerclGPA/PD Rezn
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CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: December 13, 1993
SUBJECT:
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2)
3)
4)
5)
Project Plans
Negative Declaration Resolution
(approved by city Council on
/ November 22, 1993)
Exhibit C: General Plan Amendment
Resolution (approved by city
/ council on November 22, 1993)
Exhibit D: Draft Ordinance approving PO
Rezone
Exhibit E ~ Draft Resolution approving PD
Findings and General provisions
/ Draft Resolution approving
Tentative Map
Exhibi t G: / Location Map
Exhibit H: ~ Applicant's written statement
1) Open public hearing and hear Staff
presentation
Take testimony from Applicant and pUblic
Question Staff, Applicant and pUblic
Close public hearing and deliberate
Introduce the Planned Development Rezone
Ordinance (Exhibit D), or give Staff and
Applicant direction and continue the
matter.
Public Hearing: PA 93-052 BJ Dublin
Commercial General Plan Amendment/Planned
Development Rezone/Tentative Map
ft/ 1)\JC,.
David K. Choy, Associate Planner
Exhibit A' /
Exhibit B; /'
REPORT PREPARED BY:
EXHIBITS ATTACHED:
Exhibit F:
RECOMMENDATION:
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 I7 acre parcel located near the intersection of Dougherty
Road and Dublin Boulevard.
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. The pUblic hearing on this item was continued to allow
additional review of the Planned Development Rezoning General
Provisions. .
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ITEM NO.
COPIES TO: General/Agenda File
Project Planner
Applicant/owner
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ITEM NO. -"~ Z
COPIES TO:
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ANALYSIS
The Applicant is requesting approval of a Planned Development (PD)
Rezoning to establish the General provisions and Development
Regulations for the existing 7.066 acre parcel (941-550-49 portion).
At the November 22, 1993, city council public hearing, Dr. Gene
Nagel requested clarification on whether a veterinary office with an
overnight caretaker facility would be permitted within the new PO
District. The PO General provisions allowed a veterinary office as a
permitted use, but did not address an associated overnight caretaker
facility. Council continued the PO Rezoning, and directed Staff to
establish procedures for regulating this type of use.
Staff has surveyed neighboring cities (Danvil1e, San Ramon,
P1easanton and Livermore) and found that a veterinary office with an
overnight caretaker facility is not an outright permitted use in their
commercial, office or business districts. Such a use would require
approval of a Conditional Use Permit or Development Plan to allow the
respective city to place appropriate conditions on the proposed use.
The primary concern that Staff has regarding the proposed use
relates to the potential conflict between the caretaker use and future,
adjacent, non-residential uses located within the project. These
impacts include: noise, parking, traffic, lighting, commercial
operation and services, security, etc. staff recommends including the
use, veterinary office with an overnight caretaker facility, as a
Conditional Use within the new PD District. The proposed caretaker use
can then be reviewed in full detail, under a separate Conditional Use
Permit application, with appropriate conditions placed upon the
project.
Staff is also concerned with the regulation of the residential
portion of the use, in the event the veterinary office ceases
operation. Conditions can be placed upon the Conditional Use Permit
requiring a deed restriction be recorded on the property, allowing
utilization of the residential living unit only in conjunction with,
and throughout the duration of, the veterinary office use.
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)
2
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h. real estate (broker, mortgage, developer, property
management)
i. manufacturer showroom (minib1inds, 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. outdoor storage yard (must be enclosed by a solid wall
or fence)
g. nurseries with outdoor storage/display
h. veterinary offices with overnight caretaker facility
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.
No other changes to the project are proposed. Refer to the
November 22, 1993 city Council Agenda statement (Item No. 6.1) for a
full description of the project.
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 introduce the Planned Development Rezone
Ordinance (Exhibit D).
Formal action on PA 93-052 BJ Dublin Commercial Planned
Development General Provisions (Exhibit E) and Tentative Map (Exhibit
F) may be taken after the second reading and adoption of the Planned
Development Rezone Ordinance, which is scheduled for the January 10,
1993 regular city Council meeting.
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RESOLUTION NO. 127 - 93
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A RESOLUTION OF THE CITY COUNCIL
OF THE CITY of DUBLIN
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 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 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 environment;
and
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:
1. The project will not have a significant effect on the
environment.
EXHIBIT .B
.--
.-
2. The Negative Declaration has been prepared and processed in
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 Burton, Howard, Moffatt and Mayor Snyder
NOES: None
ABSTAIN: councilmember Houston
~~~.~.
Mayor
ATTEST:
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RESOLUTION NO. 128 - 93
---------------------------------------------------------------------
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ADOPTING PA 93-052 BJ DUBLIN COMMERCIAL GENERAL PLAN AMENDMENT
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 November 22, 1993; 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 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; and
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 Extension; and
WHEREAS, the Staff Report was submitted recommending that the
application be approved; and
WHEREAS, the city council did hear and consider all said reports,
recommendations and testimony hereinabove set forth.
EXHIBIT C,
.--
.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin city council does
hereby approve PA 93-052 BJ Dublin commercial 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.
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 approved revisions and without any other
substantive changes.
PASSED, APPROVED AND ADOPTED this 22nd day of November, 1993.
AYES:
Councilmembers Burton, Howard, Moffatt and Mayor snyder
NOES:
None
ABSTAIN: councilmember Houston
r~H
Mayor
ATTEST~{0;-cL
- 2 -
. .
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
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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 PO (Planned Development) District permitting uses from the M-l,
Light Industrial and C-2, General Commercial Districts, to a PD (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:
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EXHIBIT D
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.
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
. .
RESOLUTION NO. - 94
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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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 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:
EXHIBIT ~
.
.
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:
Unless stated otherwise. all Conditions of Aooroval shall be comolied
with orior to recordation of the Final Mao. and shall be subiect to
Planninq Deoartment review and aooroval. The followinq codes
reoresent those deoartments/aqencies resoonsible for monitorinq
comoliance of the conditions of aoproval. fPL1 Planninq. fB1
Bui1dinq. rp01 Police. fPW1 Public Works. fADM1 Administration/Citv
Attornev~ rFIN1 Finance. rF1 Douahertv Reqiona1 Fire Authoritv. fDSR1
Dublin San Ramon Services District. fC01 Alameda County Flood Control
& Water Conservation District (Zone 7).
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
.
.
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 PD,
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 PO District), due to the signs' placement at the
major project entries' within the PD District. [PL]
3
.
.
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 such
development. [PL, PW]
PASSED, APPROVED AND ADOPTED this 10th day of January, 1994.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
city Clerk
4
. .
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 f
.
.
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
servi~e 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 PA 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:
Unless stated otherwise. all Conditions of Approval shall be complied
with prior to recordation of the Final Map. and shall be sub;ect to
Planninq Department review and approval. The followinq codes
represent those departments/aqencies responsible for monitorinq
compliance of the conditions of approval. rPLl Planninq. rBl
Buildinq. rpOl Police. rpWl public Works. rADMl Administration/Citv
Attornev. rFIN1 Finance. rFl Douqherty Reqional Fire Authority. rDSRl
Dublin San Ramon Services District. rCOl Alameda County Flood Control
& Water Conservation District (Zone 7).
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. ~his approval shall generally conform to the
plans prepared by Wilsey & Ham, consisting of 4 sheets, dated
2
.
.
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-1). [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-1), 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 A11safe 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
.
.
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. [CO]
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 7]
13. Any damage incurred to the public improvements throughout the
project, prior to completion and/or acceptance by the Public
Works Director shall be the responsibility of the Developer.
[PW]
14. This approval shall be revocable for cause in accordance with
section 8-90-3 of the Dublin Zoning Ordinance. [PL]
15. The approval of this Tentative Map shall expire in accordance
with the regulations of section 66452.6 of the Subdivision Map
Act. [ PW, PL]
16. If one or both of the City of Dublin remnant parcels [APN 941-
550-10-11 (por) and 12-7 (por)] are acquired by the Subdivider,
Lots 1 and 2 of the Final Map may be modified to accommodate the
new parcel configuration. [PW, PL]
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, ADM]
PASSED, APPROVED AND ADOPTED this 10th day of January, 1994.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
city Clerk
4
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EXHIBIT G
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Dublin Commercial Center
Project Owner: BJ Dublin Commercial, a California 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 property has been vacant at least 16 years. A prior owner had graded
the property in 1977 intending to build a subdivided industrial park. After grading, construction
was never undertaken and the property changed hands a number of times.
In 1988, the current owners of the Property began working with the City to create a reasonable
development plan for the site. Eventually, the City's circulation 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 Dougherty and a ::1:1,000 foot fron~age on Dublin Boulevard.
Land Use: The property is in a large area east of Dougherty Road currently designated at
Business Park and Outdoor Storage. Most parcels to the north and south of the parcel are
developed in accordance with this general plan designation. (Borchers Bros., Admiralty Van
Lines, V-Haul, Schork/EI Monte Recreation Vehicle, Busick, Dolans Lumber). Several parcels
were developed under this designation but are currently unoccupied (Lemoine, Scotsmans,
Corallo, Vangelatos). Immediately to the north of the subject site, the City has approved a
ministorage facility which is currently under construction.
Planning Considerations: Regional Planning in the East Dublin Planning Area has been
underway for several years. Although a plan has yet to become effective allowing development in
thIS area, good planning principal dictate that growth is likely to occur in this area were urban
services and facilities can be efficiently and economically provided with a minimum of
environmental impacts.
The extension of Dublin Boulevard (with related utilities) and the construction of the new BART
station between Hopyard and Hacienda are the beginnings of the public infrastructure that will
serve the East Dublin Planning Area.
Pl~ning studies in this area have projected that Dublin Boulevard extension will soon become a
major arterial road carrying in excess of 20,000 trips per day. City Staff predicts that the change in
circulation patterns will revitalize the area and support an upzoning of the properties along the new
Dublin Boulevard extension.
The project owner is responsible for repayment of a significant portion of the Assessment District
bonds which funded the Dublin extension and Dougherty improvement work. Current economic
realities suggest that as a single parcel, the sheer size of the assessment puts the bond repayment at
some risk, both now as an undeveloped parcel, and in the future, if the project had to wait to
develope as a single parcel. Splitting.the property into several parcels, each with its pro rated share
of assessment lien, will dilute the P9tential for default on the assessment liens ~e.w~rrrQ" ~elT Ii
R E C E1'i1~~~ment of the parcels. tAM!j n
~(l\\.ft\€xt:Y2.Lt?arI),L,})\i n I3\.vd., .
:...AUG -0 1993
Y~t I ~ ~
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.
Dublin Storage Center
Submitted August 24, 1993
Page 2
Application: The applicant seeks the following:
A. General Plan Amendment from Business Park 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 Description: The proposed project will include 9 parcels for varying uses. The
applicant intends to subdivide the 7 acre property and sell parcels to end users who each process
their own Site Development Review through the City. As of the date of this submittal, no actual
end users are identified. Therefore, a list of permitted 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
with a mini-box retail user immediately behind. Then; fronting on Dublin, but still with good
visibility from the DublinlDougherty intersection, anothe!;.large retail use is anticipated.
The balance of the site consists of 6 parcels that are inte'nded to house owner/user businesses. In
accordance with Staff's condition under the Parcel Map 6571, these parcels are shown as f.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 others. 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 coverage of 31 % for a single story or 35% with a second story
mezzanine option while still providing requisite parking for the intended uses. It is intended that
these buildings would be positioned as zero lot line to the rear and on one side so that the
appearance from the street will be three buildings on the six parcels. The end user is not required
to utilize the entire building envelop. Given the end users actual use, parking dictates may 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 Dougherty
Boulevard. During an interim period prior to the construction of the south lanes of Dublin
Boulevard, all points along Dublin Boulevard would be Right and Left In and Out. However,
assuming the completion of Dublin Boulevard improvements, the following pennanent access
points are shown: '
1. Fully signalized Four Way intersection at Dougherty Road and Sierra Lane.
2. Right In/Right Out curb cut at southwest corner of the property to service the small pad
user (could be a quick lube or a fast food where easy traffic flow through is imponant).
3. Right In/Right out curb cut at the retail user parcel on Dublin Boulevard.
4. Right and Left In/Right and Left out curb cut at Dublin Boulevard at the location of the
existing median break (which would have to be modified slightly to allow an acceleration
R EC E I Y F ,Ianefor eastbound exit). " EXH I BIT H
AUG 26 10tn
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.
.
Dublin Storage Center
Submitted August 24,1993
Page 3
5. Right InJRight Out curb cut between median break and "Chabot Road" intersection. eNe
understand that the City intends to officially name this street something else, but for
purposes of this statement, Chabot Road is used.)
Internal circulation is provided across the entire site through properly sized driveways. Parcels
will each include easements for ingress and egress benefiting the other parcels in the project.
Parking: A total of 340 parking spaces are shown on the PD exhibit to this submittal. Actual
parking will depend on actual uses. A breakdown of parking spaces shown per parcel is as
follows:
Parking spaces are owned in fee by the owner of the parcel. No cross parking is provided.
OwnerfUsers 'Hill have the ability (but not the obligation) to contract 'Hith each other for shared use
?f parking spaces with neighboring parcels. Each user must provide assurances through their
mdiVldual Site Development Review that the parking provided is sufficient for the actual intended
use.
Parcell Pad 8 spaces
Parcel 2 Mini box 139 spaces
Parcel 3 Retail 66 spaces
Parcel 4 Owner/U ser 18 spaces
ParcelS Owner/User 13 spaces
Parcel 6 Owner/U ser 27 spaces
Parcel 7 Owner/U ser 24 spaces
Parcel 8 Owner/U ser 16 spaces
Parcel 9 Owner/U ser 29 spaces
Commercial Property Owners Association: The six owner/user parcels will have
Covenants, ,Conditions and Restrictions ("CC&R's) creating a Commercial Property Owners
AssociatiorY to provide for architectural control and landscaping and driveway rnaintenancec The
other parcels in the project will not be a part of the Association. The pad/retail uses are sufficient! Y
different in terIDS of traffic, greater maintenance needs, and architectural dictates of potential
"franchise" buyers, that they can not fairly be incorporated into the Association.
A. Architectural Control. The submittal package includes 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 age panels,
accent tiles, metal trellis, window treannents). Parcel buyers are expected to submit their
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 building to front on or side on to Dublin Boulevard. Also, the Buyer can
rearrange the various elements of the building (e.g. increase glass area, extend rrellis, add
the second story mezzanine, etc.).
B. Landscape. The submittal package includes a schematic landscape plan for the
owner/user end of the project The palette of plants and trees is established to create
uniformity in design, however, owners will submit their specific landscaping plans vtith
their Site Development Review application. Subsequent to installation, irrigation systems
and landscaping will be maintained by the Association. Landscaping easements will be
R E, C .~ ~ V rouded in the plan and will be commonly owned by the association. EX H I BIT H
AUf:: (., lj 1993 .
~t 5 e+ c;
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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 objectives of upgrading the uses along this furore gateway to the
City.
B. The project allows for the dilution of risk of default on assessment district assessments.
C. The project allows for introduction of additional sales tax base through potential retail uses
within the project.
RECEIVED
AUG 2 G 1993
EXHIBIT H
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Dublin Storage Center
Submitted August 24, 1993
Page 5
Proposed Permitted Uses
Retail/Office and Automotive Designation
wholesale/retail stores (including membership stores)
restaurants (examples: full service sit down, fast food with drive~thru)
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 lube/service, cleaning and detailing, glass, muffler, brakes)
commercial/personal services (examples: escroW, blue print, copying, corrunercial 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)
Manufacturer representative with showroom (ex~ples: miniblinds, windows, equipment)
Other requested uses for PD .
Private school (examples: supplemental learning center, beauty college)
Daycare
Commercial Amusement (examples: skating rink, electronic entertainment, health club)
Light industrial--assembly, packaging, and distribution only
Research and Development
Home improvement w/ outdoor storage
Nursery w/ outdoor storae:e .
.....
Public and Quasi-public uses
EXHIBIT H
RECEIVED
AUG 2 6 199~~
7?Jt ~ e{ S