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Home My WebLink About6.4 BJDublinComDevRzn ~v' .. , CITY CLERK , File # D~0J[{i]-[3][Q] . AGENDA STATEMENT CITY COUNCIL MEETING DATE: March 4, 1997 SUBJECT: EXlDBITS ATTACHED: RECOMMENDATIO~N: .... 1) 2) . ,3) 4) 5) FINANCIAL STATEMENT: None BACKGROUND: PUBLIC HEARING: PA 96-050 BJ Dublin Commercial Planned Development (PD) District Rezone and Tentative Parcel Map (Prepared by Carol R. Cirelli, Senior Planner) Cfi.-c....." 1) Planned Development District and Tentative Parcel Map Project Plans Negative Declaration Resolution Planned Development District Rezone Resolution Tentative Parcel Map Resolution Location Map Ordinance establishing PD Zoning District Applicant's Written Statement PA 93-052 PD District Rezone and Tentative Map February 11, 1997 Planning Commission Public Hearing Minutes 2) 3) 4) 5) 6) 7) 8) 9) 6) Open public hearing. Receive staff presentation and public testimony. Question staff, applicant and the public. Close public hearing and deliberate. Adopt resolutions approving the Negative Declaration (Exhibit 2); PD District Rezone (Exhibit 3) and Tentative Parcel Map (Exhibit 4). Waive reading and introduce Ordinance approving the PD District Rezone. Continue public hearing to March 18, 1997 for the second reading and adoption ofthe Ordinance. 7) On January 11, 1994, a General Plan Amendment, Planned Development (PD) Rezone and Tentative Map was approved for the BJ Dublin Commercial properties (P A 93-052), located near the comer of Dublin Boulevard and Dougherty Road. The General Plan Amendment changed the land use designation from Business ParklIndustrial, to Retail/Office and Automotive. The PD Rezone established the general provisions and development regulations for the properties. The Tentative Map (Tract Map 6644) allowed the subdivision of the BJ Dublin Commercial site into 9 separate lots. No development projects have ..reen approved for the parcels to date. --- - - - - - -.............. -............... - - - -.-.--..-. - ~......-- - - --- --.......- - - - - ~ --.-,...... -----'"- COPIES TO: In-House Distribution ITEMNO.~4 g:\p:l96-050\ccsr\crc ',1~- .' Because there are some businesses currently under contract with BJ Dublin Commercial for developing certain parcels, the Applicant is requesting a new PD Rezone for the BJ Dublin Commercial site (7.5::!:: acres), which includes two City bfDublin remnant parcels (22,280:t sq. ft.) located adjacent to the project site along Dublin Boulevard, and a Tentative Parcel Map for re-subdividing two parcels of the existing ~~~. . On February 11, 1997, the Planing Cortmiission conducted a public hearing for the project and recommended City Council approval (see meeting minutes, Exhibit 9). ANALYSIS: PD District Rezone Proiect Description The Applicant's PD District Rezone request revises the existing PA 93-052 Land Use and Development Plan, or site plan (see Exhibit 8), with the incorporation of alternate on-site circulation patterns, building configurations, building square footage, lot coverage, landscaping, sign plans, and so forth. The proposed PD District revision has been designed to accommodate users that are already under contract with BJ Dublin Commercial (i.e. Kragen Auto Parts - Lot 1B; Bart Shum Auto Service Center - Lot 2A; and Comfort Suites Hotel- Lot 3), and those that are currently negotiating with BJ Dublin Commercial (i.e. nationally known tire store - Lot lA; nationally known restaurant - Lot 2B with City; nationally known muffler shop - Lot 4; graphics company - Lot 5 and half of Lot 6; and auto body repair - Lot 9). The PD Rezone request also includes a change in permitted and conditional uses. The new PD Rezone e"'" would allow a hotel/motel use, research and development use and commercial amusement/recreation facility (indoor) use as permitted uses. The existing P A 93-052 PD District would only allow these uses with Conditional Use Permit approval. Staff is currently processing a Site Development Review application for the Comfort Suites hotel. Proiect Analysis The proposed PD District Rezone would establish development standards, and permitted and conditional uses for the BJ Dublin Commercial parcels, including the City's two remnant parcels. The intent of a PD District is to create a more desirable use of the land and a better physical environment than would otherwise be possible under a single zoning district or combination of zoning districts. Like the existing PD District, the development and operation of land use activities within the proposed PD District would be subject to the C-2, General Commercial District provisions of the Zoning Ordinance, particularly with regard to land use restrictions and minimum/maximum development criteria. Application of these development standards will result in commercial development that will be compatible with the surrounding uses. The list of permitted and conditional uses meets the intent of the C-2, General Commercial District of the Zoning Ordinance to provide opportunities for retail, wholesale and auto service businesses. All proposed permitted uses will be compatible with each other. The permitted auto service, repair and parts uses will not involve major auto repair work, such as engine or transmission repair. This use would involve minor auto repair work (i.e. muffler, brake, tune-up, etc.) that would not create major noise, traffic or aesthetic . impacts with the surrounding restaurant, hotel and office type uses. Staff has addressed potential aesthetic 2 . concerns with incorporating a PD Rezone condition of approval requiring that all repair service bays be screened and/or oriented away from public view. In addition, the proposed permitted uses would not adversely affect the health and safety of individuals residing or working in the vicinity, or be detrimental .. to the public welfare. . . The project's adequate on-site circulation, conceptual site plan for each parcel, architecture and landscape plan reflects a comprehensive and appropriate physical development plan. The project's design and site plan will be compatible with future on.:sit'e uses. Four lots (Lots lA, IB, 2B, and 3) depict setbacks from property lines. The remaining parcels, (Lots 2A and Lots 4 through 9) depict zero lot lines along certain portions of the buildings. The zero lot-line configurations would bring some of the buildings together, giving the appearance of fewer buildings on Lots 4 through 9. However, the building setbacks for all parcels are conceptual at this point. For example, the building sizes and setbacks could change resulting in fewer lots. Final building configurations and setbacks will be assessed during Site Development Review processing. The project site lies within one of the gateways, or entries into the City of Dublin and Eastern Dublin Specific Plan area. The PD District will incorporate architectural design elements and themes, such as using the integral coloring of concrete and stucco as shown on Exhibit 1, that ensures high quality design for commercial development that will be visible and attract many passersby traveling on Dublin Boulevard and Dougherty Road. The Comfort Suites hotel will have a blue seamless metal roof and the same color blue will be used for certain architectural elements of the concrete tilt-up buildings on Lots 4 through 9 and the freestanding monument signs. In addition, buildings on Lots 4 through 9 will have the same color scheme as the hotel building. The project site will have vehicular access along Dublin Boulevard and Dougherty Road. The PD District includes an on-site roadway network that effectively connects all parcels without any circulation conflicts. .The Public Works Department reviewed the site plan and recommended some minor adjustments to the Lot 3 driveway area. The project plans were revised accordingly as Exhibit 1 depicts. There were also some traffic concerns with entering and exiting the project site along Dublin Boulevard. Both the PD District Rezone and the Tentative Parcel Map resolutions (Exhibits 3 and 4) include conditions of approval that regulate access along Dublin Boulevard in the short term, and in the long term when Dublin Boulevard is widened to its ultimate configuration of six lanes. The PD Rezone request also includes a Master Sign Program (MSP) regulating l;iignage for all future development on BJ Dublin Commercial parcels. The MSP will promote attractive signage that will help direct traffic and pedestrians to the site. The MSP will serve as a comprehensive sign program that incorporates the architectural style and design of the proposed PD District Rezone buildings. The MSP regulates freestanding and building-mounted wall signs. The project also includes an Alternate Building Site Plan as part of the Land Use and Development Plan (see Exhibit 1). The City has a desire to sell the two remnant parcels along Dublin Boulevard. Both the City and the Applicant are currently negotiating with a "sit-down" restaurant. The merged PD District's Lot 2B and the City's remnant parcels could adequately accommodate the restaurant use. The Alternate Building Site Plan would be implemented ifBJ Dublin Commercial and the City are not successful in attracting a single user to their combined parcel. The BJ Dublin Commercial's eleven owner/user parcels will have Covenants, Conditions and Restrictions .CC&R.'S~ ?~ctating infrastructure, landsc~pi~g, and driveway i~stallation an~ maintenance . responsIbIhtIes. The Covenants and RestnctlOns regulate such Items as permItted uses, restrIctions on development, architectural control, and so forth. 3 . The PD District Rezone resolution (Exhibit 3) also includes conditions covering fees (i.e. Public Facilities Fee and Traffic Impact Fee), and planning processes for PD District modifications. 1/1 The PD District Rezone request is consistent with the Dublin General Plan's policies regarding RetaiVOffice and Automotive use. The PD District Rezone contains adequate development standards that. will serve as a base and framework for processing future development projects at the BJ Dublin Commercial site. All future development will require Site Development Review where final site plans, architecture and landscape plans will be reviewed for each PD District parcel. Tentative Parcel Map Responding to the market demand for smaller parcels, the Applicant is requesting Tentative Parcel Map approval for subdividing Lots 1 and 2 of Tract 6644 into four individual lots, Lot 1 (29,399 sq. ft.), Lot 2 (30,445 sq. ft.), Lot 3 (20,240 sq. ft.) and Lot 4 (22,770 sq. ft.), as depicted in Exhibit 1. The BJ Dublin Commercial site now includes eleven parcels, as opposed to the nine as currently shown on Tract Map 6644. This parcel map request is consistent with the City's Zoning Ordinance and related PD District Rezone, and the City's General Plan. The newly created lots will have minimum lot sizes of20,000 square feet. The subdivision is for implementing a commercial project in an area designated for commercial development. Environmental Review A Negative Declaration has been prepared for the project pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines. The 20 day public review period began January 21, 1997 and ended February 9, 1997. No comments on the Negative Declaration were received during the public review period, or at the Planning Commission public hearing. A Negative Declaration was . prepared because the project will not have a significant effect on the environment. Conclusion BJ Dublin Commercial's PD District Rezone and Tentative Parcel Map request is consistent with the City's General Plan policies because the project will promote compatible and attractive retail, office and automotive commercial development within the area. Other City departments and affected government agencies reviewed the project, and their comments and concerns have been addressed and incorporated into the draft Resolutions (Exhibits 3 and 4) as conditions of approval. Staff recommends that the City Council approve the PD District Rezone and Tentative Parcel Map request. RECOMMENDATION: Staff recommends that the City Council conduct a public hearing, close the public hearing, deliberate, adopt the draft Resolutions approving the Negative Declaration (Exhibit 2), the PD District Rezone (Exhibit 3) and the Tentative Parcel Map (Exhibit 4), waive the reading and introduce the Ordinance establishing the PD District Rezone, and continue the public hearing to the March 18, 1997 City Council meeting for the second reading and adoption of the Ordinance. g:pa\96050\ccsr . 4 ~ ".._.___~.&n ~~ __..~..~__~_ y~ ~...n.~~_.r"__.~._.....-----~_...._r....___~-,_.~-~---~........~_'.r-.~-~-'---'--~---' ,"__no -_...._"'~-----.~ ____r__.. .~_..._~ ~ )F> - . . -~Q:.----" ~ b . ~ ca ~E 0- ,. tl ~~ ei OJ ~ ll:l ......,.I"J"W'::II.f II ~ ~ ir "- -1 - C) tS .1 .< Ii ~ ~~ Z , t' ~13 - H -~ t;1I, Ii Z ~~ 0 d !i~ ~;; N -~ U ::; -~ W ~ i ~ <( II t: ~ a:: a: a .! -si .e II !i~ ~~ '-zo () g 5~ o - Z <(II: ~ .. I~ --l~~ ; R Q... 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I ~"13~ t:1'l~~& '<<~I::"'" /;C1f>S. Qr~ ~ ~ ~ e- !C ~ C) ::IJ :t>- O - z CJ ~ C)-uO ~~)>:D~E I i ~ 5p1 p1~ :~ : >~c~~~ !~ : ~t:::1~~~ o C -I II ~~ ~ ~: ~ -U 0 !!j ~C z U .~MI f~;i;i Y-z B .. ~ .e iJ ~ II ~!II I a a i I _ !;l ~IN _~i g -0 r )> z z m i t n ! I ) , -ll r- I~ r "'.. -~, RESOLUTION NO. - 97 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* ADOPTING A NEGATIVE DECLARATION FOR PA 96-050 BJ DUBLIN COMMERCIAL PLANNED DEVELOPMENT (PD) DISTRICT REZONE AND TENTATIVE PARCEL MAP WHEREAS, BJ Dublin Commercial, owner of property located at Dublin Boulevard and Dougherty Road, has requested approval of a Planned Development (PD) District Rezone that includes a Land Use and Development Plan and Master Sign Program that would allow a hotel/motel use, research and development use, and commercial amusement/recreation facility (indoor) use as permitted uses and other retail, office and automotive-type permitted and conditional uses, on a 7.06 acre site, and the City of Dublin remnant parcels (:t 22,280 sq. ft.) (APNs: 941-550-52 through 60; and City of Dublin parcels 941- 550-10-18 and 941-550-12-9), and Tentative Parcel Map approval to subdivide Lots 1 and 2 of Tract 6644 into four individual lots, Lot 1 (29,399 sq.ft.), Lot 2 (30,445 sq. ft.), Lot 3 (20,240 sq. ft.) and Lot 4 (22,770 sq. ft.) as depicted in Exhibit 1; and WHEREAS, the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the City Environmental Guidelines require that certain projects be reviewed for environmental impact and that environmental documentation be prepared; and . WHEREAS, an Initial Study was conducted finding that the project, as proposed, would not have significant effect on the environment; and WHEREAS, a Negative Declaration has been prepared for this project; and WHEREAS, the Planning Commission did review and consider the Negative Declaration at a public hearing on February 11,1997. WHEREAS, on February 11, 1997, the Planning Commission did adopt Resolution Nos. 97-2,97- 3, and 97-4, recommending that the City Council approve the Negative Declaration, PD District Rezone and Tentative Parcel Map, respectively; and WHEREAS, the City Council did review and consider the Negative Declaration at a public hearing on March 4, 1997; and WHEREAS, public notice of the Negative Declaration was given in all aspects as required by State Law; and NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby find: 1. That the project will not have a significant effect on the environment. . 2. That the Negative Declaration has been prepared and processed in accordance with State and local environmental laws and guideline regulations. I EXHIB!T 2- , 3. That the Negative Declaration is complete and adequate. BE IT FURTHER RESOL VED THAT THE Dublin City Council does hereby adopt the Negative . Declaration for P A 96-050 BJ Dublin Commercial PD District Rezone and Tentative Parcel Map. PASSED, APPROVED AND ADOPTED this 4th day of March, 1997. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk . g :\pa96-050\ccndreso \crc . JO 2 RESOLUTION NO. - 97 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING AND ESTABLISHING FINDINGS AND GENERAL PROVIsIONS FOR A PLANNED DEVELOPMENT (PD) DISTRICT REZONE CONCERNING P A 96-050 BJ DUBLIN COMMERCIAL --------------------------------------------------------------------------------------------------------------------------------- WHEREAS, BJ Dublin Commercial, owner of property located at Dublin Boulevard and Dougherty Road, has requested approval of a Planned Development (PD) District Rezone that includes a Land Use and Development Plan and Master Sign Program that would allow a hotel/motel use, research and development use, and commercial amusement/recreation facility (indoor) use as permitted uses and other retail, office and automotive-type permitted and conditional uses, on a 7.06 acre site, and the City of Dublin remnant parcels (:t 22,280 sq. ft.) (APNs: 941-550-52 through 60; and City of Dublin parcels 941- 550-10-18 and 941-550-12-9); and WHEREAS, a complete application for a PD District Rezone is available and on file with the Planning Department; and WHEREAS, the Planning Commission held a public hearing to consider this request on February 11, 1997; and . WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, on February 11, 1997, the Planning Commission did adopt Resolutions Nos. 97-02, 97-03, and 97-04 recommending City Council approval of the Negative Declaration, PD District Rezone and Tentative Parcel Map, respectively, subject to the conditions prepared by Staff; and WHEREAS, the City Council held a public hearing to consider this request on March 4, 1997; and WHEREAS, proper notice of this request was given in all respects as required by law for the City Council hearing; and WHEREAS, the application has been reviewed in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the City Environmental Guidelines, and a Negative Declaration has been adopted (City Council Resolution No.---,>. The project, as proposed, will not have a significant effect on the environment; and WHEREAS, the Staff Report was submitted recommending that the City Council approve the PD District Rezone subject to conditions; and ,1 WHEREAS, the City Council heard and considered all said reports, recommendations, written and .ral testimony submitted at the public hearing as hereinabove set forth. -'" NOW, THEREFORE, BE IT RESOLVED that Dublin City Council does hereby find that: ~).::;~~q ht ~m.~ ~i %~~ ~ 1r 3 ,Ifl ~.. ~''l(\ f~ ti~i11 ~~ ill U", jt~. ~,u~ "".' '~ \'\ M ' "." L '~f'tl ... , YI:~ ' W~::J 1 , 1. The PD District Rezone, as conditioned, is consistent with the general provisions, intent, and purpose of the Dublin Zoning Ordinance and the Dublin General Plan. The PD District Rezone will be appropriate for the subject property in terms of a) providing General Provisions which set forth the . purpose, applicable provisions of the Dublin Zoning Ordinance, range of permitted and conditionally permitted uses, and development standards; b) being compatible.with existing c01I1iI1ercial, industrial and residential uses in the immediate vicinity; and c) enhancing development of this area; and 2. The PD District Rezone will not have substantial adverse effects on health or safety, or be substantially detrimental to the public welfare or be injurious to property or public improvements as all applicable regulations will be met; and 3. The PD District Rezone will not overburden public services as all agencies have commented that public services are available; and 4. The PD District Rezone will be consistent with the policies of the Dublin General Plan designation of Retail/Office and Automotive because the project would only allow uses that fall within these land use categories and create development according to the C-2, General Commercial District standards; and 5. The PD District Rezone, with the Master Sign Program (MSP) will create an attractive, efficient and safe environment through Conditions of Approval; and 6. The PD Rezone, including the MSP, 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 7. The PD Rezone 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 8. The MSP for the PD Rezone contributes to an effective and attractive identification of its businesses by providing clear, legible and succinct signage that will help identify and direct automobile and pedestrian traffic to its site, and is a comprehensive sign program that incorporates the architectural style and design of existing and proposed buildings; and 9. The MSP considered the site layout, vehicular access, circulation, parking, setbacks, height, walls, public safety and similar elements to ensure that the MSP design assists in the provision of a desirable environment for the development; and 10. Architectural considerations, including the character, scale and quality of the design, the architectural relationship with the site and other buildings, building materials and colors, screening of exterior appurtenances, exterior lighting, and similar elements have been incorporated into the MSP, where appropriate, in order to insure the compatibility of the wall signs and freestanding monument signs with the buildings' design concept and the character of adjacent buildings and uses. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Dublin City Council hereby approves a Planned Development District Rezone, as shown on materials labeled Exhibit 1, stamped approved and on file with the Dublin Planning Department, including the following General Provisions 2 . ,;... . and Development Standards for P A 96-050 BJ Dublin Commercial, which constitute regulations for the 'use and improvements of the 7.06 acre site and the City of Dublin remnant parcels (APNs 941-550-52 .. through 60 and the City of Dublin parcels 941-550-10-18 and 941-550-12-9), subject to the requirements of the related Tentative Parcel Map and the conditions of approval specified below. GENERAL PROVISIONS A. PUI.vose This approval is for the Planned Development (PD) District Rezoning for P A 96-50 BJ Dublin Commercial. The PD District Rezone allows the flexibility needed to encourage innovative development while ensuring that the goals, policies and action programs of the General Plan are met. B. Dublin Zonine: Ordinance - Avvlicable Reauirements Except as specifically modified by the provisions and Conditions of Approval for this P A 96-050 PD District Rezone, development and operation of land use activities within this PD District Rezone 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. C. General Provisions and Development Standards . 1. Intent: This Planned Development District is to be established to provide for and regulate the development of the combined BJ Dublin Commercial and City of Dublin parcels, or the BJ Dublin Commercial parcel only. Development shall be generally consistent with the Land Use Development Plan. This approval rezones 7.06 acres currently zoned PD District - C-2, General Commercial District and P A 93-052 BJ Dublin Commercial, and the City of Dublin parcels (122,280 square feet) currently zoned M-1, Light Industrial District and C-2, General Commercial District, to 8.06 acres zoned PD District - C-2, General Commercial District and P A 96-050 BJ Dublin Commercial Development shall generally be consistent with the P A 96-050 PD District Rezone, which includes a Land Use and Development Plan, Master Sign Program and Alternate Building Site Plan, which is represented by materials labeled Exhibit 1, stamped approved and on file with the Dublin Planning Department, which include a Planned Development Rezoning Site Plan with Master Sign Program, Preliminary Landscape Plan, Preliminary Architectural Concept Plan and Alternate Building Site, dated received February 3, 1997. 2. Permitted Uses: The following principal uses are permitted in the P A 96-050 PD District: a. b. c. . d. e. I~ wholesale/retail stores (including membership stores) restaurants (sit down) business, professional, medical, veterinary offices auto service, repair and parts (cleaning and detailing, glass, muffler, brake, tires, body & paint, tune-up, sound and security systems, accessories) commercial/personal services (escrow, blue print, copying, commercial supply) 3 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) ,;: I. hotels and motels m. research and development n. commercial amusement/recreation facility (indoor) 3. Conditional Uses: The following uses are conditional uses in the PA 96-050 PD District, subject to approval of a Conditional Use Permit: a. daycare center (13 or more) b. drive-through businesses, including restaurants c. commercial amusement/recreation facility (outdoor) d. auto vehicle sales & service (new, used car sales, rental lots) e. outdoor storage yard (must be enclosed by a solid waU or fence) f. nurseries with outdoor storage/display g. veterinary offices with an overnight caretaker 4. Minimum Lot Size: All lots shaU observe a minimum lot size of20,000 square feet. PLANNED DEVELOPMENT REZONE CONDITIONS OF APPROVAL: . Unless stated otherwise, all Conditions of Aporoval shall be complied with prior to final occupancy of any buildin€t, and shall be subiect to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the Conditions of Approval. rPLl Planning, rBl Building, rpOl Police, rpWl Public Works, rADMl Administration/City Attorney, rFINl Finance, [Fl Dougherty Regional Fire Authority, rDSRl Dublin San Ramon Services District, rCOl Alameda County Flood Control & Water Conservation District (Zone 7). GENERAL DEVELOPMENT REQUIREMENTS 1. AU development projects within this PD District that require Conditional Use Permit or Site Development Review shall comply with the Zoning Ordinance parking standards for commercial uses. [PL] 2. AU outdoor storage uses shall require Conditional Use Permit approval. The Conditional Use Permit shall include conditions for screening any outdoor storage use and landscaping shall be required in compliance with Condition No.3 below if the storage use is removed. [PL] 3. A minimum 3 foot width landscape buffer, or pockets of landscaping, shall be required for areas that do not have buildings or outdoor storage abutting the wall of the storage use north of the PD District project site. [PL] . 4. All repair service bays shaU be screened and/or oriented away from public view. [PL] I~ 4 .6. .10. 5. Development on Lots 3 through 9, including the freestanding monument signs, shall incorporate unified architectural design elements and color schemes. [PL] The proposed landscaping for PD District development projects shall not block any business signs. [PL] 7. The maximum building height for buildings within this PD District shall be 45 feet. Portions of buildings with certain architectural elements and articulation may exceed 45 feet to a maximum of 56 feet, provided that the overall average building height is 45 feet. [PL] 8. 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, uniform landscaping and maintenance, and a joint sign program in compliance with the Master Sign program approved with this P A 96-050 PD District, to ensure the quality of design and coordinated operation of the individual parcels. [PL] 9. The existing and proposed access and public utility easements shall be submitted for review and approval by the Public Works Director/City Engineer prior to approval of the Final Tentative Parcel Map for P A 96-050. These easements shall allow for vehicular and utility service access, and be recorded concurrently with the Final Tentative Parcel Map for P A 96-050 BJ Dublin Commercial. [PL, ADM, PW, DSR] Development proposed for the individual lots within the PD District shall be subject to approval of a Site Development Review. [PL] TRAFFIC AND CIRCULATION 11. Access to the P A 96-050 BJ Dublin Commercial project site from Dublin Boulevard shall be limited as follows. a. Temporary left-turn from eastbound Dublin Boulevard to the driveway along the west boundary of Lot 3 of Tract 6644. b. Ultimate left-turn from eastbound Dublin Boulevard to the driveway along the east boundary of Lot 4 of Tract 6644. c. Right-turn access from westbound Dublin Boulevard at all driveways along Dublin Boulevard. d. Ultimate left-turn from east boundary of Lot 4 of Tract 6644 to eastbound Dublin Boulevard, unless deemed unsafe by the Director of Public Works/City Engineer. MERGER OF PARCELS and ALTERNATE BUILDING SITE PLAN .2. I~ The PD District's Lot 2B and the adjacent City-owned parcels, APNs 941-550-10-18 and 941- 550-12-9, shall be merged into one lot prior to building permit approvals for buildings and freestanding monument signs on the merged lot. [PL, PW] 5 13. This PD District rezone approval also includes the approval of an Alternate Building Site Plan, as shown in Exhibit 1. This alternate plan would be implemented if BJ Dublin Commercial and the City of Dublin are not successful in attracting a single user to their combined parcels. All egress . and ingress points from Dublin Boulevard would remain the same. [PL] MASTER SIGN PROGRAM General Si{!Il Reauirements 14. All signage shall comply with the provisions established in this PD Rezone - Master Sign Program approval. Modifications to the adopted Master Sign Program and/or to the specific conditions stated, may be considered by the Zoning Administrator upon application for a Sign Site Development Review pursuant to Section 8-95.0 SITE DEVELOPMENT REVIEW. [PL] 15. All freestanding monument and wall-mounted signs shown on Exhibit 1, shall be well-maintained in an attractive manner and in accordance with approved plans. Any indirect light fixtures used to illuminate any signage shall be glare-shielded. [PL] 16. The tenant's/business owner's obligation to conform with the approved Master Sign Program for PA 96-050 BJ Dublin Commercial shall be incorporated into the CC&R's for the BJ Dublin Commercial project, and if applicable, incorporated into the individual tenant lease agreements as a binding agreement. [PL] 17. If tenant/business signs change, all mounting holes from previous tenant/business signs shall be . repaired and walls repainted prior to mounting the new signs. If the use or tenant/business space ceases to operate for (90) ninety days, the tenant/business signs shall be removed and mounting holes and walls shall be repaired and repainted. [PL] 18. The use of Temporary Promotional Signs (i.e., banners, pennants, flags, balloons, searchlights and similar advertising devises) for special advertising and/or promotional use shall require a separate Zoning Clearance approval and shall comply with the provisions established in the sign regulations of the Zoning Ordinance. [PL] 19. The design and scale of all signs shall be compatible with the building upon which these signs are attached. Attached signs shall not project over the eave, ridge or parapet line. 20. This Master Sign Program approval shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this approval may be subject to the issuance of a citation. [PL] . I' 6 . Freestandine: Monument Sie:ns .21. The approved freestanding monument signs shown on Exhibit 1, shall comply with the following [pL]: a. Four (4) Monument Sign-s (double-sided, internally illuminated panels) Sign Height: Sign Length: Setback of Sign: COpy Restriction: Location: 11 feet (Dougherty Road and western Dublin Blvd. entrance) 10 feet (central and eastern Dublin Blvd. entrances) 6 feet minimum 10 feet from street frontage property line tenant/business names; site address and street name (outside of the individual tenant panel/copy) as shown on approved plans, Exhibit 1 22. The design, colors, sign copy, location and illumination of the freestanding monument signs shall be as shown on the approved sign elevation and detail plan, labeled Exhibit 1. [PL] 23. All monument signs shall be installed within landscape planters, or a landscaped area, and building permit applications for the signs shall include landscape plans and plant species list. Prior to building inspector's final inspection, all landscaping and any required irrigation shall be installed for all monument sign locations. [PL, B] .4. Because the approved freestanding monument signs are sufficient for identifying the project site businesses, no other freestanding signs are allowed on Lots 1B, 2A, and Lots 3 through 9. However, due to unique business needs, sign application processing may be considered for freestanding signs proposed for Lot 1A and the merged Lot 2B, subject to the staff-level review and approval of the Zoning Administrator. [PL] 25. Directional signs displayed for directing pedestrian and vehicular traffic that are a maximum of 8 square feet in sign area are exempt from the Zoning Ordinance. Directional signs greater than 8 square feet of sign area shall be considered freestanding signs. [PL] Wall Sie:ns Comfort Suites Hotel (Lot 3) - Wall-Mounted Signs 26. The approved wall signs for Lot 3 (Comfort Suites Hotel) ofthis PD District, as shown on Exhibit 1, shall comply with the following [PL]: South Elevation - ~~Comfort Suites" and Logo - Internally Illuminated - Individual letters Letter Height: Sign Length: Sign Area: Logo: a. . 1'2 3.5 feet 29.1 feet 102. square feet 6.5 feet diameter 7 b. East and West Elevations - "Comfort Suites" and Logo - Internally Illuminated- Individual letters Letter Height: Sign Length: Sign Area: Logo: 2.5 feet 22 feet 55 square feet 4.1 feet diameter . Wall-Mounted Signs for Buildings on Lots 4 through 9 27. The approved wall signs for Lots 4 through 9 of this PD District, as shown on Exhibit 1, shall comply with the following [PL]: a. b. Letter Height: Sign Length: Sign Placement: 3 feet (single line); 3.5 feet (double line) 18 feet placed proportionally on tenant/business walls of businesses being identified c. 28. There shall be only one (1) wall sign per tenant/business space for Lots 4 through 8. Two (2) wall signs shall be allowed for Lot 9 (one on the southern and one on the eastern building elevations). [PL] Wall-Mounted Signs for Buildings on Lots lA. IE. 2A. and 2B 29. The approved wall signs for Lots lA, 1B, 2A, and 2B ofthis PD District shall comply with the following general provisions: [PL] . a. Each business or tenant space may be permitted a maximum of three building frontages for signs, subj ect to the staff-level review and approval of the Zoning Administrator. [PL] b. Maximum letter height for single or double lettered lines, and logos, shall be 4 feet; minimum letter height for single or double lettered lines, shall be 2 feet. [PL] c. Maximum sign length, including logos within the sign length, shall be 75 percent of the building frontage. [PL] 30. All wall signs shall be individually lettered and internally illuminated, or back-lit. Non- illuminated signs are not permitted. Neon wall signs are permitted within this PD District, subject to the staff-level design review and approval of the Zoning Administrator. Placement of the wall- mounted signs shall be as shown on the approved plans, Exhibit 1. [PL] 31. Wall-mounted signs shall be placed against the building wall of the tenant's/businesses' occupied space and frontage as shown on the approved plans, Exhibit 1. Signs shall relate well with the architectural design of the building. Wall signs shall comply with the provisions of Section 8.08.060 and 8.08.110 of the Zoning Ordinance. [PL] . Ir 8 FEES 32. . A Public Facilities Fee shall be required for all new development projects at the BJ Dublin Commercial PD District site. This fee must be paid prior to issuance of building permits. The fees are as follows: $ 450 per 1,000 square foot of commercial; $ 889 per 1,000 square foot of office; and $ 392 per 1,000 square- foot of industrial space.'--[PL, B, F] u_, '. 33. Development of any structure within this PD District requiring Site Development Review, shall be subject to appropriate traffic mitigation fees to mitigate off-site traffic impacts attributable to such development. [PL, PW] PLANNED DEVELOPMENT DISTRICT MODIFICATIONS 34. The Land Use and Development Plan for P A 96-050 is conceptual in nature. No formal amendment of this PD District Rezone will be required as long as the materials submitted for the Tentative Parcel Map and Site Development Review are in substantial conformance with this PD District Rezone. The Community Development Director shall determine conformance or non- conformance and appropriate processing procedures for modifying this PD District Rezone (i.e. staff approval, Planning Commission approval of Conditional Use Permit, or City Council approval of new PD District Rezone). Major modifications, or revisions not found to be in substantial conformance with this PD District Rezone, shall require a new PD District Rezone. A subsequent PD District Rezone may address all, or a portion of the area covered by this PD District Rezone. [PL] . PASSED, APPROVED AND ADOPTED this 4th day of March, 1997. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk g:\pa96.050\ccpdreso\crc . I' 9 RESOLUTION NO. w 97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* . APPROVING P A 96-050 BJ DUBLIN COMMERCIAL TENTATIVE pARCEL MAP WHEREAS, BJ Dublin Commercial, owner of property located at Dublin Boulevard and Dougherty Road, has requested approval ofa Tentative Parcel Map to subdivide Lots 1 and 2 of Tract 6644 into four individual lots, Lot 1 (29,399 sq. ft.), Lot 2 (30,445 sq. ft.), Lot 3 (20,240 sq.ft.) and Lot 4 (22,770 sq.ft.) as depicted in Exhibit 1; and WHEREAS, the State of California Subdivision Map Act and the adopted City of Dublin Subdivision Regulations 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 is approved consistent with the Subdivision Map Act and City of Dublin Subdivision Regulations; and WHEREAS, the Dublin Planning Commission held a public hearing on said application on February 11, 1997; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, on February 11, 1997, the Planning Commission did adopt Resolution Nos. 97-02, . 97-03, and 97-04, recommending that the City Council approve the Negative Declaration, PD District Rezone and Tentative Parcel Map requests, respectively; and WHEREAS, the City Council did hold a public hearing on said application March 4, 1997; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the project has been reviewed in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the City Environmental Guidelines, and a Negative Declaration has been adopted (City Council Resolution No. --->. The project, as proposed, will not have a significant effect on the environment; and WHEREAS, the staff report was submitted recommending that the City Council approve the Tentative Parcel Map subject to Conditions of Approval; and WHEREAS, the Dublin City Council did hear and consider all said reports, recommendations, written and oral testimony submitted at the public hearing as hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby find that: 1. The PA 96-05{) BJ Dublin Commercial Tentative Parcel Map is consistent with the intent of applicable subdivision regulations and related ordinances of the City of Dublin. . ).0 '" ',", l.l ',",',' ~ ,~".. ,,-..<< '," 1:,: '"..1'l ....,~... , ", '. ... l' " ,~) ~t i~ ~:4f! ~~, I' E .,~ ~,.t.l f'j" 'Ii', ,~ ',"~": \\' ~ I "," ~ ~i :l:;j ,LJ 2. , The PA 96-050 BJ Dublin Commercial Tentative Parcel Map is consistent with the City's General Plan policies as they apply to the subject property in that it is a subdivision for implementation of a commercial project in an area designated for commercial development. . 3. The PA 96-050 BJ Dublin Commercial Tentative Parcel Map is consistent with the PA 96- 050 Planned Development (PD) District approved for this project and is therefore consistent with the City of Dublin Zoning Ordinance. 4. The project site is located adjacent to major roadways and a highway, and contains flat topography and is, therefore, physically suitable for the type of density for commercial development. 5. The design of the subdivision and proposed improvements will not cause environmental damage or substantially injure fish or wildlife or their habitat or cause public health concerns. 6. The design of the subdivision will not conflict with easements, acquired by the public at large, or access through or use of, property within the proposed subdivision. The City Engineer has reviewed the map and title report and has not found any conflicting easements of this nature. . NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the Dublin City Council does ereby approve PA 96-050 BJ Dublin Commercial Tentative Parcel Map as shown on Exhibit I, stamped approved and on file with the Dublin's Planning Department, subject to the requirements of the related PD Rezone and the conditions of approval listed below. CONDITIONS OF APPROVAL: Unless stated otherwise. all Conditions of Approval shall be complied with and shall be subiect to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval. rPL 1 Planning. rBl Building. rpOl Police. rpWl Public Works. rADMl Administration/City Attornev. rFINl Finance. rFl Dougherty Regional Fire Authority. rDSR] Dublin San Ramon Services District. rCOl Alameda County Flood Control & Water Conservation District (Zone 7). General 1. Except as specifically modified elsewhere, this approval is to subdivide two parcels of Tract 6644 (APNs 941-550-52 and 53) located at Dublin Boulevard and Dougherty Road, into four individual lots: Lot 1 (29,643 sq. ft.), Lot 2 (30,445 sq.ft.), Lot 3 (20,896 sq. ft.) and 4 (22,770 sq. ft.) as depicted in Exhibit 1, sheet 7 of 8, prepared by Wilsey Ham, dated received February 3, 1997, stamped approved and on file with the City of Dublin Planning Department. [PL, PW] . ~l 2 2. The Applicant shall comply with all applicable City of Dublin Public Works Typical Conditions of . Approval for Subdivisions (attached). In the event of conflict between the Public Works Typical Conditions of Approval for Subdivisions and these Conditions, these Conditions shall prevail. . [PW] Gradin~ and Drainaee 3. The Developer and his contractor shall meet City of Dublin and State of California requirements of the Clean Water Program before, during and after project grading. [PW] 4. Building and Grading Plans shall indicate that: [PW] a. Areas outside of the buildings shall be drained outward at a 2% minimum slope for unpaved areas and a 1 % minimum slope in paved areas (with a maximum gradient of 5%) unless otherwise approved by the Public Works Director. b. Roofwater, or other concentrated drainage, shall not be directed onto adjacent properties. No drainage shall flow across property lines unless appropriate easements or drainage releases are provided. Downspouts shall drain through the curb of the concrete walks around the building or tied into drainage structures. c. Where storm water flows against a curb, a curb with gutter shall be used. The flow line of all asphalt paved areas carrying water shall be concrete. d. All catch basins within paved areas not against curb and gutter shall have a 3-foot concrete . apron around all sides of the inlet per City of Dublin Standard Plans. Catch basins against curbs shall have both grate and back openings. Water and Wastewater System 5. Prior to the filing of the Parcel Map, the Applicant shall furnish the Director of Public Works/City Engineer with a letter from Dublin San Ramon Services District (DSRSD) stating that the District has agreed to furnish water and sewer service to each of the lots included on the FinalIParcel Map of the subdivision. [PW] 6. Prior to issuance of any building permit, complete improvement plans shall be submitted to DSRSD that conform to the requirements of the DSRSD Code, the DSRSD "Standard Procedures, Specifications and Drawings for Design and Installation of Water and Wastewater Facilities", all applicable DSRSD Master Plans and all DSRSD policies. [DSR] 7. Domestic and fire protection waterline systems for Tracts or Commercial Developments shall be designed to be looped or interconnected to avoid dead end sections in accordance with requirements of the DSRSD Standard Specifications and sound engineering practice. [DSR] . ~J- 3 . . 8. DSRSD policy requires public water and sewer lines to be located in public streets rather than in off-street locations to the fullest extent possible. Ifunavoidable, then public sewer or water easements must be established over the alignment of each public sewer or water line in an off- street or private street location to provide access for future maintenance and/or replacement. [DSR] 9. Prior to approval by the City of a Grading Permit or Site Development Review, the locations and widths of all proposed easement dedications for water and sewer lines shall be submitted to and approved by DSRSD. [DSR] 10. All easement dedications for DSRSD facilities shall be by separate instrument irrevocably offered to DSRSD or by offer of dedication on the Parcel Map. [DSR] 11. Prior to approval by the City for recordation, the Parcel Map shall be submitted to and approved by DSRSD for easement locations, widths, and restrictions. [DSR] . 12. 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. [DSR] 13. Prior to issuance by the City of any Building Permit, all improvement plans for DSRSD facilities shall be signed by the District Engineer. Each drawing of improvement plans shall contain a signature block for the District Engineer indicating approval of the sanitary sewer or water facilities shown. Prior to approval by the District Engineer, the Applicant shall pay all required DSRSD fees, and provide an engineer's estimate of construction costs for the sewer and water systems, a performance bond, a one-year maintenance bond, and a comprehensive general liability insurance policy in the amounts and forms that are acceptable to DSRSD. The Applicant shall allow at least 15 working days for final improvement drawing review by DSRSD before signature by the District Engineer. [DSR] 14. No sewer line or water line construction shall be permitted unless the proper utility construction permit has been issued by DSRSD. A construction permit will only be issued after all of the items in Condition no. 12 have been satisfied. [DSR] 15. The Applicant shall hold DSRSD, its Board of Directors, commissions, employees, and agents of DSRSD harmless and indemnify the same from any litigation, claims, or fines resulting from completion of the project. [DSR] 16. The Applicant shall redesign the water and sanitary sewer easement configuration as shown on the existing recorded map for Tract 6644 in accordance with the condition of approval no. 8. The redesign is necessary for serving the new parcels created with this PA 96-050 Tentative Parcel Map. [DSR] .ire Services '-'17. The Applicant shall comply with all applicable requirements of the Dougherty Regional Fire Authority (DRFA), or successor agency. [F, PL] 4 ~~ 18. Prior to issuance of any building permit for new commercial construction, the Applicant shall supply written confirmation that the requirements ofDRFA, or successor agency, have been, or will be met. [F, B, PL] . 19. The location of all fire hydrants shall be indicated on the Final Tentative Parcel Map and individual parcel site plans. [F] 20. For buildings 35 feet and over in height above natural grade, the required access roadway shall be a minimum of26 feet in width and shall be positioned parallel to at least one entire side of the building, and shall be located within a minimum of 15 feet and a maximum of 25 feet from the building. [F] 21. Access roadways adjacent to fire hydrants shall be a minimum of 26 feet in width clear (Le. without parking) for at least 20 feet in both directions from the fire hydrant. [F] 22. An approved automatic fire sprinkler system shall be installed for buildings throughout the BJ Dublin Commercial Tentative Parcel Map project site. [F] 23. Final building occupancy approval shall be conditioned upon an acceptable audible device system for buildings throughout the project site. [F] Traffic and CirculatiOli 24. Access to the project from Dublin Boulevard shall be limited as follows: [PW] . a. Temporary left-turn from eastbound Dublin Boulevard to the driveway along the west boundary of Lot 3 of Tract 6644. b. Ultimate left-turn from eastbound Dublin Boulevard to the driveway along the east boundary of Lot 4 of Tract 6644. c. Right-turn access from westbound Dublin Boulevard at all driveways along Dublin Boulevard. d. Ultimate left-turn from east boundary of Lot 4 of Tract 6644 to eastbound Dublin Boulevard, unless deemed unsafe by the Director of Public Works/City Engineer. Dedications and Public Imorovements 25. The subdivision shall meet or perform all of the requirements or conditions imposed by the Subdivision Map Act, the Subdivision Ordinance, and the approved Tentative Parcel Map for the subdivision. [PW] 26. The Applicant shall be responsible for correcting deficiencies in the existing frontage improvements to the satisfaction of the Public Works Director. Any relocation of improvements or public facilities shall be accomplished at no expense to the City. [PW] . .:tv 5 Miscellaneous 27. . 28. 29. 30. 31. .32. 33. 34. 35. . The Developer shall have his engineer prepare an amended Local Improvement District assessment map and recalculate the assessment for each parcel in the district. The developer shall reimburse the City for staff time spent on this task. [PW] The Developer shall record the proposed lot line adjustments prior to recording the Parcel Map. [PW] The Developer shall submit plans, pay fees and obtain an encroachment permit from the City Public Works Department to modify striping to accommodate this access. In addition, the Developer shall provide signed disclosure statements from tenants acknowledging that the temporary left-turn access will be eliminated when Dublin Boulevard is widened to its ultimate width. [PW] Submit three (3) sets of approved blueprints and approved original mylars or photo mylars of the Parcel Map to the City of Dublin Public Works Department. [PW] A current title report and copies of the recorded deed of all parties having any recorded title interest in the property to be divided, copies of the deeds and the Final/Parcel Maps for adjoining properties and easements shall be submitted at the time of the submittal of the final subdivision maps. [PW] Existing and proposed access and public utility easements shall be submitted for review and approval by the Director of Public Works/City Engineer prior to approval of the Parcel Map. These easements shall allow for vehicular and utility service access and be recorded concurrently with the Parcel Map. [PW] The developer shall have their engineer provide the City AutoCAD electronic copies of the Improvement, Grading and Storm Drain plans along with the Final Map which is tied to the City's existing mapping coordinates if available. [PW] The developer shall defend, indemnifY, and hold harmless the City of Dublin and its agents, officers, and employees, from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees, to attack, set aside, void, or annul, an approval of the City of Dublin or its advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. The City of Dublin shall promptly notifY the developer of any claim, action, or proceedings. [PW] In submitting subsequent plans for review and approval, each set of plans shall have attached an annotated copy ofthe project's conditions of approval. The notations shall clearly indicate how all conditions of approval will be complied with. [PW] j.~ 6 36. The approval of this Tentative Parcel Map shall expire two and one half (2 1/2) years from the date of the Tentative Parcel Map approval in accordance with Section 9.09.120 of the Dublin Municipal. Code. Upon application by the Applicant during this effective period, an extension of up to three (3) years may be granted or conditionally granted by the Planning Director'..JI:W, PL] PASSED, APPROVED AND ADOPTED this 4th day of March, 1997. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk g :\pa96-0S O\cctmreso\crc . . J.' 7 -. . .... ).1 ~ .... P\. DUBLIN ~ ~ ',5&0 ............, VICINITY MAP HOT TO $CA.L( PA- q&-o~O ~J DtA.f)UJJ Cohl\V1^BYLC-IA-L r f) flE z..o JJ e: AfJt> T 5fJ mn Ve; PItt.CE'l- JMf' EXH~BIT 5 ORDINANCE NO. . AN ORDINANCE OF THE CITY OF DUBLIN AMENDING THE ZONING ORDINANCE TO PERMIT THE REZONING OF PROPERTY LOCATED AT - - THE NORTHEAST CORNER OF DUBLIN BOULEVARD AND DOUGHERTY ROAD (APNS: 941-550-52 through 60, 941-550-10-18 and 12-9) -----~._________~~~~~.~__._~~___w~~~.~~_~~-.----------______~______~_________~~~W___R__________________~.~___ 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 7.5 acres generally located at the northeast comer of Dublin Boulevard and Dougherty Road more specifically described as Assessor's Parcel Numbers 941-550-52 through 60,941-550-10-18 and 12-9 are hereby rezoned from a Planned Development (Retail/Office and Automotive) to a Planned Development Commercial as shown and described on the application for a Planned Development Rezone and on Exhibit 1 (Resolution No._ Approving and Establishing Findings, General Provisions For A Planned Development Distict Rezone), exhibit to the Staff Report dated March 4, 1997, to the City Council, on file with the City of Dublin . Department of Community Development, and hereby adopted as the regulations for the future use, improvement, and maintenance of the property within this District. A map of the rezoning area is outlined below: --- '"'" DUBLIN ~ '.&10 '-"'" . ~ ;1.K EXHIBIT' 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-~e published once, with the names of the Councilmembers voting for and against 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 _th day of March, 1997, by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor . ATTEST: City Clerk G:\P A96-0S0\Ord . ),9 '. , .:........ . . ~~- . Dublin Commercial Center . 'Vritten Statement . Project Owner: BJ Dublin Commercial, a California Limited Parmership Project Applicant: J. Patrick Land Company. 5627 Stoneridge Drive, Suite 320, Pleasanton. c.A. 94588, (510) 463-1688. Contacts: John Moore. Bruce Adams. History: The 7 acre site is located near the intersection of Dougherty Road and the Dublin Boulevard Extension. 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 pIan for the site. Eventually, the City's circulation plan in the east end of Dublin was r:hanged to eliminate Sierra Lane and to instead extend Dublin Boulevard as the frontage road along .L.i~rstate 580 to the Hacienda and Santa Rita interchanges. . :.:::.:- -:.:.:: +&. - + .' ~ With the completion of the Dublin Boulevard extension on August, 1993, the site is served with a 200 foot frontage on Dougherty and a:!:l,ooo foot frontage on Dublin Boulevard. Land Use: The property is currently designated Retail/Office and Automotive. Most parcels to the north and south of the parcel are developed in accordance with Business Park/Outdoor Storage. (Agorra Building Supply, Admiralty Van Lines. U-Haul, El Monte Recreation Vehicle, Busick, . Dolan's Lumber). Several parcels were developed under this designation but are currently unoccupied (Lemoine, Scotsmans). Immediately to the north of the subject site is a ministorage facility. To the east of the property, no development is adjacent, though the new BART station is being constructed a short distance away. To the west of the property is a service station that is in the process of being rebuilt 2hd a retail center. Application: The applicant seeks the following: A. Tentative Parcel Map re-subdivision of Tract Map 6644 lot 1 and lot 2 into 4 individual ..... lots; lA, 1B, 2A, and 2B..~. B. Re~sion of the Planned Development with one additional allowed use. Planning Considerations: 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 East Dublin. . - ~ -. ., ' Planning 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 along the new Dublin Boulevard extension. The project owner is responsible for repayment of a significant ponion of the Assessment District ,. bqnds jvhi~9. fun4~. we Dll:~l~ .ex!e~.~i~f! ..!IDd.p~ugheJ:tY improv~I1!en~~ork... Current.cco.norpic .~.~ re-alitiesUdictate. that the.Owr;er ie~rnap. the prop'ert)' as provided in the "application ici allow the'sale . . of several parcels to proceed. The sale of the properties will dilute the potential for default on the assessment liens by eA"pediting the development and economic value of the parcels. '.. '.-.' ,3.0 EXHIBIT 7 RECEIVED i~JV [14 1996 ,....... ~ I..... :'0 'I' ~ *' L. t "..... . . Dublin Commercial Center Subnritted,~ovember 4,1996 Page 2 ...-:"'7"" . ...., ...... The changes proposed will ultimately benefit not only the owner, BJ-Dublin Commercial, but also the City of Dublin. The Planned Development Revision has been designed to accommodate users that are currently under contracfwith BJ-Dublin! The previous PD reflected-ti'-best guess of a layout that would attract th~ greatest market demand. Only recently has the market shown any attraction to the property and the changes shown on the submittal and described herein are intended to accommodate and enhance that attraction. Another consideration is the City of Dubtin's desire to sell its remnant parcel along Dublin Blvd. The City is desirous of a use such as a restaurant at that location to compliment the hotel use planned for Lot 3. However, the City's remnant parcel is of insufficient size to accommodate a "sit-down"restaurant. Therefore, the applicant's Planned Development Revision Lot 2B is configured to potentially be combined with the remnant parcel and together the two lots provide an ideal (40,000 + sf) location for a restaurant. We, and the City of Dublin, are currently negotiating vtith a restaurant The applicant's Lot 2B, however, remains of a size to atrract a buyer without being combined with the remnant parcel if the potential restaurant use does not work out. With the changes requested, the developer can attract the hotel and potentially a restaurant and increased value for the City's property. The developer and City of Dublin will also benefit from the changes requested by the locating of an auro parts retail store on Lot lB. Additionally, an automobile service center is locating on 2A and a muffler shop on Lot 4. Also, we are currently working with a prospective buyer of lot 5 and Lot 6 for an additional automotivi use (auto body/paint shop). The lot lines accommodate the desired sizes and locations of those uses. ..~.. ..:."r:.. ..:........ .":.- . Lot lA is unique. Its location at the intersection of Dougherty and Sierra a. provides it extensive visibility and the potential for a high traffic use. With those factors in mind, a gas station use on this lot was initially proposed. However, discussions with City Staff revealed traffic concerns for Lot lA's Sierra a. cul-de-sac access if a "high traffic count user" such as a gas station (585 trips/day) located there. The cul-de-sac also services Agorra Building Supply and AllSafe Self Storage. The City Staff wants a lower traffic generator at that location. Therefore, our submittal shows!l 3 bay oil changer/tire shop use (210+/- trips/day). Alternatively, a retail use (150 to 200+/-.- trips/day) could locate there. _ ~ - -- _ The proposed Planned Development Revision and Tentative Parcel Map remain consistent with the . current General plan design~tion of Retail, Office and Automotive. Reflecting the market demand for smaller parcels, the Planned Development Revision now contains 11 parcels as opposed to the 9 cillTently shown. However, each parcel still meets the minimum 20,000 sf requirement. The site remains physically suitable to accommodate the 11 parcels although the current "pad" locations may need to be slightly changed. In conclusion, to accomodate market demand and the planning considerations detailed above, we herein request the following: a). the continuation of the old PD allowed uses, b). the change of the old PD conditional uses to allowed uses, c). the additional permitted use of a hotel, d). a new Declaration of Covenants, Conditions, Resnictions, and Easements (CCRs), e). a new phasing plan for infrastructUre installation; each property owner will be responsible for the installation and maintenance of their respective landscaping and infrastructure within the guidelines of the new __ .___ CCRs(Articles IT and ill) and the Preliminarv Gradinl! and Utilitv Plan Infrastucture _ __ - Resp6nsibilties.(PGUPIR);-anaf). t?elocations ?f th_e four (4) proj~ct mc.mument signs ~s s~o,,":n . on the PDR SHe Plan and matchmg the archItectural elements shown on "the PrellImnarV - :,,;..:.:.:,._~:_:, . Architectural Concept Plan. Because the Planned Development Revision and Tentative Parcel Map requests only parcel size changes, location changes, and a new allowed use (Hotel), the concern of substantial damage to wildlife, fish, or public health is not applicable. 11 t,O . , Dublin Commercial Cent~r Subrrritted,~oveD1ber 4,1996 Page 3 . '. .:'~..:: :~ Project Description: The proposed project will include 11 lots of varying uses. The applicant intends to sell lots to end users who ~ch process their own Site Development Review through the City. As of the date of this submittal, several end users have signed purcha~e contracts anticipating the lot configurations included in this application and with the approval.of this application more contracts are anticipated to be signed shortly. The project is designed to take advantage of the Dougherty Road frontage and the Dublin Boulevard frontage. The plan calls for two parcels at the western end (Dougherty Road) of the project Immediately east of those parcels are two parcels with vehicular access via both Dougherty Road and Dublin Blvd. Those two parcels are primarily visible from Dublin Blvd. Continuing east and fronting on Dublin Blvd., but still with great visibility from the Dublin/Dougherty intersection, ._ a _Hotel/Motel use is anticipated. -. -. .:: .. . -. . East of the above described five lots are the six lots along Dublin Blvd. shown as -J:.112 acre lots. The site plan for this portlon 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 Blvd. and Dougherty Road via the internal circulation provided. Parcels will each include easements for ingress and egress benefiting the other parcels in the project. 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 permanent access points are shown: 1. _ Fullysiin:alized FouT Way intersectio~ at D~ugherty Roact imd Sierra Lane. ... .--.... 2. Right InJRight O~t curb cut rrrid-way along Dougherty Road Will service the two\iscrs . located there (auto pans retailer and oil changer) and will allow internal access to each of .- -. --- the lllots.' -.- .... - .-.. . . --.--..----...- ... u__'_'. .....- ... . ~..... .......... ... - ~-~ -~~-- - . . _ __._. r.. 3. Right In/Right Out curb ~~t.'~t th~Heastern Portion of the- the City of Dublin's Remnant -.. Parcel. - . 4. Right and Left In/Right and Left out curb cut on Dublin Boul~vard at the location of the existing median break. (which would have to be modified slightly to allow an acceleration , lane for eastbound exit). 5. Right In/Right Out curb cut between the existing median break described in 4 above and ' Scarlet Court intersection. ._.__....u_,. ,.... ._6,_Righ~.~_g~~.9utc~b cut~t.th~.~tem I?ost a~c~~s point ()~ Scarle~ COtII!. _ . '. ... . .Par~ing: !'- total~i 366 p~king sp~ces- are ~ho;"n on fue PDR eilibi;,o tlllssub~ti;J: Actual. ... parking will depend on actual uses. A breakdown of parking spaces is shown on the Planned Development Revision. Note that the PDR has a minimum parking level of 3 spaces per 1,000 sf of buiding size. ,,,.. , < .. ~.... .' . . -.. Dublin Commercial Center Submitted, November 4,1996 Page 4 ~.....- Parking spaces are owned in fee by the owner of the parcel. Though strongly discouraged, cross parking is allowed. However, each buyer/end-user must provide complete assurances through their individual Site Development Review that the parking provided on their respectiyeJot(s) is sufficient for their actual intended use. The parking sufficiency factor cannot be emphasized enough! All owners will benefit and avoid argumentative situations by providing for.and J1laintaining ample parking. .....:.. - . ':.:-. Infrastructure Installation and Maintenance: The eleven owner/user parcels will have Covenants, Conditions and Restrictions (CC&R's) dictating infrastructure, landscaping, and driveway installation and maintenance. Additionally, each owner/user will have a PGUPIR packet The packet details the installation responsibilities of each owner. The parcels in the project will not be part of an association. Architectural Control. The.submittal package includes schematic elevations for tWo types of buildings locating on the site; hotel and automotive/multi-tenant. Obviously, the restaurant and hotel elevations will differ from the elevations of buildings proposed for automotive/multi-tenant Mandatory elements for the non-restaurant/hotel buildings will provide uniformity to that portion of the project (e.g. exterior wall construction type, colors, sign age panels, window treatments). The elevations and building sizes shown for Lots 4 thru 9 are meant to be interchangeable. That is, the configuration shown on Lot 5 might be used on Lot 7. 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, add the second story mezzanine, \":tc.). Staff has eXl'ressed the desire to discourage graffiti on walls via use of landscape (climbing vines) and/or trellis screening. ' Landscape. The submittal package includes a schematic landscape plan for the owner/end user of the project The palette of plants and trees is established to create uniformity in design, however, owners will submit their specific landscaping plans with their Site Development Review application. Sul:?;5equ~nt!q .in~tagatiqn,. irrigaooI? systems and lapdscaping "ill be maintained by the owner/end user. - - -. - - ... -- . .:":-:\:. .... .' . :-.'::'- .. . Ben~fits t<? Cit)': The city .~~ef~its froIll ~e proP'?~ed.p~ojectin a number of ways: . . - - . - - - c. The changes allow f~rq~cker access to sales tax base b:>,'accommodating existing buyers. D. The changes proposed will enhance the City of Dublin's remnant parcel value. Requested Permitted Uses (not conditional): A. We.herein request th,e. ~qf.1_~J:1?:ri.on qLthe.currently permitted/allowed uses..'. n.. .,,_ ~ -~,..~-.~~_. . ~-_._~_....... u..__.. ..". -..,. , ' ....- . ._ ..__ r'o" . B:We herem.requestiliecurrenicondicional" uses be chimged.to permitted/allowed uses. C. We herein request an additional pennitted/allowed use (not conditional) of a hotel. ~.3 '"fr ""V'" 'z- '-":" .... # I ,. 1/""; \. ""!' I .. ..$.;'. '~'/ '...~~ E. V {,4= :.- / /"1.:'" ~ rJ' .... ~ . / ,.[, ,....-,-" "W"" ~'-.J. f: I .. ...' . , ..J \,. ;~ .' -E ill .'~ :: I .. I r',.~,!, ~! ~ I -,~.., -I ~I' c.-..- . I , -:'l:;'I::a~ ~ I .:,' E i:;: ;:l" ; . I ! 'I"" - . I ~ . :1 i I ~ Ii :i! I I! '.: . I I J ! I I I I I I: I I I i:..~ I Il'~ I i S'= I ..:" I ~ j i : .. I I I . I I E I ;:: l:' '" I li' J ~ I ~ ;i ;i I :! I~ 11/ - - - -" ,.tS t:' ~ ~ ~ ..;;1 . E ~~~:~J Jhr~/"'I ,.....f - f{ . ~-11 v :! I ~ I ~ : 3 - I !; I ..--, I I .. I i . I I I ! ~ .; ~ i 1ft: ;.-"\ ..l..... 1ft:;: ~ 80:' .tj:. ~ ~~ ~., ~!~o ~ J ~:; s.; ~~E; ~ CO i~~~~ ~~~i! E w ",,..a..tI'.:,, ,,-...a:~ = at- ~....;;~ ~~~~ g .,.:'l.,.c..... J"",'^e 01= z o oc <::: > uJ ..J :::> o [!l } !i ~ g " !( ... ! 2 ~ .... ~ ~ l i'l ~ ~ .. ; i ~ ~ ! l~iL ~[Lj~!i ~ ~ ~ i & B ! .. . I I ~II q i I~ ~ j!'!':i' ",i5.~(i! I lS f~aiaiia'lJ" ','" I e ~I-S- ~1~~."~(l_5 13 Is' ::: !':p!p! :I..l:a.u.....~i ",g:i@ ! B · w -t I ~ ~ .~ ~ Cl m~1 Ih!:" ~Stn:~ ,:111 :: l? "w r" I ..... ::c ~-I " ... . :sf : ~ ~ ~ _::: ~: ~~~..n;l:l:l: , 5 ~ ! ~ a "-'JoOIe -( :. - "" ... > CD Co a. r ~ .. '" " ... i - . l" ~ ... ~ ~ ~ ::! ::! Q ~ ~ ~ :s ~ 2i ~ ~ ~ E ~ ~ ~ ':t " '" E 5 " " g f: ~ .. .. .. " t, ~ g: ... ... iii n.. <C :E i~ .0 5= ...- ....: 9t / RECEIVr-.D ~'I AUG 27 19$3 I ~ 1 .... --oYII\.Oi 1'Ie( W I Oi,)--l.'") i \ V7 " 0 ~ ........ -.J fluwN PLANNiNG ~:., ~........... . ~Ol>-~ d- _ ' . - -;. - ,i r 1 "J>.tt.&". u~ uG'f'-t.rt ;i <~ ~ DO ~ H Ol\ ~ 6=]~1 G'ilf IT ~l' '. . . '..-:...:.....-'.". ., Cm. Fasulkey stated that the ease ent issues and noise study needed to be addressed at the next meeting. Mr. Peabody stated that these issues will addressed at the next meeting. 8.3 P A 96-050 BJ Dublin Commercia , Planned Development (PD) Rezoning and Tentative Parcel Map The applicant was requesting: 1) Planned Development (PD) Rezone approval that includes a Land Use and Development Plan and that would allow a hotel use; research and development use and commercial amusement/recreation facility (indoor) use as permitted uses; and 2) Tentative Parcel Map approval for resubdividing Tract 6644, Lot I and Lot 2, into four individual lots: Lot lA, IB, 2A, and 2B. Cm. Jennings asked for the staff report. Carol Cirelli, Senior Planner presented the staff report. She gave a description of the project. She stated that the project was to subdivide 2 existing lots on the west end of the project site into 4 lots. She showed an overhead of where the project was located. The Planned Development Rezone request covers all the parcels owned by BJ Dublin Commercial as well as 2 City remnant parcels. She stated no comments were received during the public review period of the Negative Declaration. She stated that the PD Rezone and the Tentative Parcel Map were consistent with the General Plan Policies. She stated St~ff recommend that the Planning Commission recommend the City Council approve the Planned Development Rezone and Tentative Parcel, Map. Mr. Peabody stated that this was a PD to be recommended to the City Council for approval from the Planning Commission. Cm. Jennings asked if anyone had any questions, hearing none she asked for the Applicant's presentation. John Moore, Applicant, gave a background description of the project. He stated that it was approximately 7 acres in size and it was intended to be developed industrial. He stated that it was an amendment to a previously approved PD. He stated they were working with a restaurant to develop the BJ Dublin Commercial and City of Dublin properties. He stated that the Conditions of Approval were acceptable and would answer any questions. Cm. Hughes stated that he was concerned about the noise coming from the designated muffler shop and auto center and the type of traffic next to the hotel. Ms. Cirelli stated that there was a condition in the Planned Development Resolution that addressed the service garages and that they must be kept away from public view from the street. Staffwas concerned with the same issue and required that the hotel property be landscaped around the perimeter, and the service bays oriented away from public view. In terms of noise, Staff will consider that issue when processing the Site Development Review for automotive - .repairh.fpeuses",',"r~""_,i'" '"..... "',, .' , .. !" J . ~ , . . '.. - ,.. -. ,...:.........:. , -' ~ ~.. . Cm. Johnson asked if there was a retaining wall beyond the parking lot and lot 4. ..------------~---------------------------------------------------------+~-.-----------------_....------------------------------..-...........--------------...-- Regular Meeting -;S [2-11 pcmi] February II, 1997 EXHIBIT q 16 Ms. Cirelli responded yes. Mr. Moore stated that both sides of the hotel parcel will have a sound wall. Cm. Johnson asked if he had tenants for the other two pieces of property. .. Mr. Moore stated yes. There were 40 pages ofCC&R's that tied the properties together. Cm. Hughes asked about lots 5 and 6 and if the plan was to have the 2 buildings face each other. Mr. Moore stated that was correct. He stated that the design was for the unsightly roll up doors to be on the side. Cm. Hughes asked what lot 7 would be. Mr. Moore stated they did not have a user yet for lot 7. Cm. Hughes stated that lots 7,8 and 9 would face the street. Mr. Moore stated that they gave an example for lots 4 - 9 on how they might develop. He stated that all the roll up doors would be along the sides of the buildings. He stated that the lot 5 alley way has parking spaces because it will be an office type building. He stated that lot 6 would have more office up front with a warehouse in the rear. Cm. Jennings asked if lots 5 and 6 were autobody paint shops. Mr. Moore stated that was not the case, that the autobody shops were down on lot 9. Cm. Jennings asked if anyone had any other questions; hearing none she closed the public hearing.- . ' On motion by Cm. Hughes, seconded by Cm. Fasulkey, with a unanimous vote of 5-0, the Planning Commission approved . RESOLUTION NO. 97-02 RECOMMENDING CITY COUNCIL ADOPTION OF A NEGATIVE DECLARATION FOR P A 96-050 BJ DUBLIN COMMERCIAL -'. y~ - . ,. ~----~.,~. 1t. Regular Meeting [2-11 pcmi] February II, 1997 17 . . .. . RESOLUTION NO. 97-03 RECOMMENDING THAT THE CITY COUNCIL APPROVE AND ESTABLISH FINDINGS, GENERAL PROVISIONS, AND DEVELOpMENT ST ANDJ\RPS FOR A PLANNED DEVELOPMENT (PD) DISTRICT REZONING FOR P A 96-050 BJ DUBLIN COMMERCIAL RESOLUTION NO. 97-04 RECOMMENDING THAT THE CITY COUNCIL APPROVE P A 96-050 BJ DUBLIN COMMERCIAL TENTATIVE PARCEL MAP . P A 96-055 AutoNation Conditional Use Penn it Conditional Use Penn it for automobile sales and service. The project locatio.n was 21 ;!:; acres on the southeast corner of Hacienda Drive and Dublin Boulevard, APN 090-000 I-I O(por) Cm. Jen . gs asked for the staff report. Jeri Ram, Asso . te Planner presented the staff report. She gave an outline of the project. She stated that Planne evelopment regulations require a Conditional Use Pennit. She showed a video of the project. e stated the project would be located along the eastern edge of the Santa Rita Commercial project. he stated the purpose of the Conditional Use pennit was to determine if the proposed use was app 0 riate for the site. She stated two conditions had been modified, condition #4 of the staff report, th line down, "estimated to be 1,072,974" was deleted, changed . to "these fees include but are not . ited to those fees required by City Ordinances such as traffic impact fees to reserve Pleasan fm"freeway interchanges (estimated to 65,045) noise fees, public facilities fees and so on." S stated that the reason for the change was due to the error in the traffic fee calculation and the fe as estimated to be $390,000. The 2nd change was to condition 34 of the staff report, the 2nd line r<zm bottom, "the driveway shall be located to jointly se~"Ve Aut?,Nation and the undeveloped pOrl'IOJ!. of the site or as ~ete~mined by the Public - Works Dzrector. Staff recommends approval by ado!> mg the ResolutIOn m the Staff Report with the changes. She concluded her presentation~ - . Cm. Fasulkey asked why the huge different in fees. Ms. Ram stated there was a Development Agreement for Eastern Dub' She stated that this particular Development Agreement calls for a different way of calculatin the fee than what was found in the City's traffic impact fee resolution. Chris McGuire, AutoNation's Real Estate Consultant in California spoke. He add that this was not a start up operation, they were on the NASDEQ exchange and were big busin . There were 8 now open and they plan to open 5 stores in northern California. They were workin to 8 sites in Southern California. He asked if anyone had any questions. .'. - -.-"'. -.. - ......, ., ~~ - - - . .. ._c~ - -Cni:Jeririihgs ~sk'd';;lie;ein Texas ;'~re they localed,c_~c c=--. .. '31 ..._......~~~-......_~~---_....._-...._--~~--..._....~.._~~-~-----------------~~---------_..._...._..._...----------------------------------------------------_..............----------- Regular Meeting [2.11 pcmi] February II, 1997 18