HomeMy WebLinkAbout87-096 Circuit City Store SDR
CITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date: October 5, 1987
FROM:
Planning Commission
Planning Staff~~ tr
TO:
SUBJECT:
PA 87-096 Circuit City Store Site Development
Review and Minor Subdivision request,
7450 Amador Valley Boulevard.
GENERAL INFORMATION:
PROJECT:
Proposed Minor Subdivision request to subdivide
an existing 7.002 acre site into two separate
sites (one containing 15,400 square feet and the
other containing 289,607 square feet), and a
Site Development Review request to construct a
10,000~ square foot commercial building on the
15,400 square foot parcel.
APPLICANT/REPRESENTATIVE:
John T. Hess
First Western Development
3470 Mt. Diablo Blvd., Suite A-150
Lafayette, CA 94549
PROPERTY OWNER:
Circuit City Stores
5555 East Olympic Blvd.
City of Commerce, CA 90022
LOCATION:
7450 Amador Valley Boulevard
Dublin, CA 94568
ASSESSOR PARCEL NUMBER:
941-305-8
PARCEL SIZE:
Existing - 7.002 acres
Proposed - A) 6.65 acres
- B) 0.35 acres [15,400 sq. ft.]
GENERAL PLAN
DESIGNATION:
Retail/Office
EXISTING ZONING
AND LAND USE:
A 57,680~ square foot Circuit City/T.J. Max
retail sales building (previously Handyman
Store) and a l2,000~ sq. ft. sporting goods
retail sales store (Oshman's) respectively
occupy the south and north portions of the site.
The site is within the Downtown Overlay District
and is controlled by the policies established in
the Dublin Downtown Specific Plan,
SURROUNDING LAND USE
AND ZONING:
North: PD, Planned Development District with
church and office uses.
South: C-2, General Commercial District
developed with a mixed use retail
outlet.
East: Alameda County Flood Control Channel and
Highway 680.
West: C-l, Retail Business District developed
with various retail and restaurant uses,
ITEM NO.
~.S
COPIES TO: Applicant
Owner
File PA 87-096
ZONING HISTORY:
Fall, 1968 - S-276, approval was granted for
development of the Handyman Store. Approval for
the outdoor nursery was withheld pending a
Zoning Ordinance Text Amendment to the C-l
District.
11-19-69 - The Alameda County Planning Commis-
sion approved Conditional Use Permit Application
C - 2105 allowing development of the open-air
nursery adjoining the Handyman Store.
7-2-70 - The Alameda County Board of Supervisors
approved the appeal for S-276 and Variance 4852
allowing use of a 36 foot high, 280 square foot
Freestanding Business Identification Sign for
the Handyman Store.
6-26-72 - The Alameda County Planning Director
approved S-440 and Variance Application V - 5800
to allow development of the current sporting
goods store. Action on the Variance provided
for a Numerical Parking Variance.
6-20-85 - The Dublin Planning Commission
approved PA 85-026 (Conditional Use Permit and
Site Development Review requests) allowing the
enclosure and remodel of a portion of the open-
air nursery at the northeast corner of the
Handyman Store.
3-2-87 - The Dublin Planning Commission approved
PA 87-009 (Conditional Use Permit and Site
Development Review requests) allowing Circuit
City Stores to refurbish the vacant Handyman
Store (including enclosing a 5,700~ square foot
nursery area) and to construct a freestanding
sign with a height in excess of 20 feet located
approximately 40 feet from the front property
line.
3-16-87 - The Dublin Planning Commission
approved PA 87-034 (Conditional Use Permit
request) for a car stereo installation facility
in conjunction with the proposed Circuit City
Store refurbishment of the vacant Handyman
Store.
APPLICABLE REGULATIONS:
Section 8-1. 2 (Intent) of the City's Subdivision Ordinance states: "It
is the intent of this Chapter to promote the public health, safety, and
general welfare; to assure in the division of land consistency with the
policies of the Alameda County General Plan and with the intent and provisions
of the Alameda County Zoning Ordinance; to coordinate lot design, street
patterns, rights-of-way, utilities and public facilities with community and
neighborhood plans; to assure that areas dedicated for public purposes will be
properly improved initially so as not to be a future burden upon the
community; to preserve natural resources and prevent environmental damage; to
maintain suitable standards to insure adequate, safe building sites; and, to
prevent hazard to life and property."
Section 8-3.4 (a) states: "Lots shall be designed to meet or exceed the
minimum standard area, median lot width, and effective lot frontage specified
for in the Dublin Zoning Ordinance for the zoning district in which the
subdivision is located."
Section 8-60.13 of the Dublin Zoning Ordinance requires "Building Site:
Effective Lot Frontage" and requires that "Every Building Site shall have an
Effective Lot Frontage equal to or greater than one-half the Median Lot Width
required in the district, and in no case shall the effective lot frontage be
-2-
less than twenty-five (25) feet. Whenever a Building Site is hereinafter
created by division of an existing Lot, the Effective Frontage of each such
new Building Site shall be equal to one-half (1/2) of either the required or
the actual Median Lot Width thereof, whichever is greater. Each new Building
Site shall be recorded forthwith as a Lot in the office of the County
Recorder."
Section 8-95.0 establishes the Site Development Review process indicat-
ing that Site Development Review is intended to promote orderly, attractive,
and harmonious development; recognize environmental limitations on develop-
ment; stabilize land values and investments; and promote the general welfare
by preventing establishment of uses or erection of structures having qualities
which would not meet the specific intent clauses or performance standards of
this Chapter or which are not properly related to their sites, surroundings,
traffic circulation, or their environmental setting. Where the use proposed,
the adjacent land uses, environmental significance or limitations, topography,
or traffic circulation are found to so require, more stringent regulations may
be established than those otherwise specified for the district.
Sections 8-95.1 - 8-95.8 outline the Site Development Review process.
Under most cases, the Site Development Review is acted upon by the Planning
Director. However, in cases where the review is submitted with a Minor
Subdivision request, both applications are processed simultaneously for action
by the Planning Commission.
The Downtown Dublin Specific Plan establishes policies and standards to
control development within the downtown area.
ENVIRONMENTAL REVIEW: In the event the Planning Commission finds that
this application is approvable, then the City will propose to adopt a
Negative Declaration of Environmental Significance which will find that
the proposed project will not have a significant impact on the
environment.
NOTIFICATION: Public Notice of the October 5, 1987, hearing was published
in The Herald, mailed to adjacent property owners, and posted in public
buildings.
BACKGROUND/ANALYSIS:
This application involves a request from First Western Development (the
Applicant) to do the following:
1) To subdivide the existing 7.002 acre parcel into two separate parcels
(minor subdivision). Parcel A would contain 6.65 arces and Parcel B would
contain 0.35 acres (approximately l5,400~ square feet).
2) To construct a 10,OOO~ square foot commercial building (Site Development
Review) on the newly proposed l5,400~ square foot/0.35 acre parcel.
There are a number of issues involved with both requests which lead
Staff to recommend denial of this application. Included in this report you
will find an analysis of the problems as they relate to both the Subdivision
and the Site Development Review.
The Subdivision Request
The existing 7.002 acre site is located on the northeastern corner of
the intersection of Amador Plaza Road and Amador Valley Boulevard. There are
two buildings on the property. One is Oshman's Sporting Goods, which contains
l2,000~ square feet and fronts on Amador Valley Boulevard. The other is the
recently refurbished Circuit City/T.J. Max building which contains 57,680
square feet and is located on the southern half of the site. Once all on-site
improvements associated with the remodeling of the Circuit City/T.J. Max
building have been completed, the property will contain 367 parking spaces.
The Applicant proposes to subdivide this 7 acre site into two separate
parcels. Parcel A would be composed of 6.65 acres. It would contain both the
Oshman's Sporting Goods and Circuit City/T.J. Max buildings. It would contain
-3-
all 367 on-site parking spaces and the vehicular accessways. Parcel B would
contain 0.35 acres (15,400~ square feet). The Applicant would like to
construct a 10,000 square foot retail building on Parcel B.
As shown on Attachment 1, the subdivision as proposed would create a
landlocked parcel (Parcel B). It would not have any frontage on a public
street, and it would be totally surrounded on all four sides by Parcel A.
addition, access to Parcel B would only occur by traveling through Parcel
There would be no other way to gain access to Parcel B without infringing
Parcel A,
In
A.
upon
It is the intent of Section 8-3.4 (a) of the Dublin Subdivision
Ordinance to require that every building site created contains frontage on a
public street. As proposed, this landlocked parcel does not meet the intent
of the Subdivision Ordinance.
It is common planning practice to avoid creating subdivisions that
result in landlocked parcels. It is also common planning practice to avoid
allowing a subdivision where the newly created lot does not have lot frontage
on a public street. In addition, it is common planning practice to avoid
creating a lot that is not fully self-sufficient with respect to ingress and
egress. This proposal in all aspects is contrary to common planning practice
and therefore should be denied.
The Applicant feels that these issues (creating a landlocked parcel, not
having frontage on a public street and not having self-sufficient
ingress/egress) are of little concern because a reciprocal easement agreement
would be drawn up to allow for ingress/egress and parking via Parcel A. An
example of that agreement is shown as Attachment 3. The Applicant feels this
agreement would adequately allow convenient access and parking on Parcel A
without any problems. Staff maintains that agreements of this type are
cumbersome, difficult to enforce and require multiple property owner
cooperation to make them work. The downtown area now has several County
approved subdivision where reciprocal easement agreements were drawn up. The
City's experience in trying to plan within the constraints of agreements of
this nature proved difficult throughout the process of adopting the Downtown
Dublin Specific Plan. Staff feels that an agreement of this nature would not
be a solution. On the contrary, it would compound the difficulty of planning
within the downtown area. Agreements of this type allow for increased
potential for maintenance disputes between property owners as well as lead to
difficulties in making future improvements and developments. In addition,
there will be difficulty with making provisions for adequate signing on this
parcel due to is size and location.
Based upon the potential problems associated with the subdivision, Staff
recommends that the request be denied.
The Site Development Review
The Site Development Review request to construct a 10,000 square foot
commercial building on the proposed 15,400 square foot Parcel B also has a
number of problems. The following list identifies these problems.
1. The proposal does not comply with the on-site parking requirements
established in the Downtown Dublin Specific Plan. A 10,000 square foot retail
store must have a least fifty (50) on-site parking spaces in order to meet
established City parking requirements. The Applicant is proposing zero (0)
on-site parking spaces on the newly created Parcel B. However, he argues that
through the proposed reciprocal agreement, the new building could share
parking and access provided on what would be Parcel A. A review of parking
requirements inclusive of the proposed 10,000 square foot building shows the
following:
-4-
Total On-Site Parking Spaces Required:
a) Proposed Building = 10,000 retail sq. ft. - 200 50 required spaces
b) Oshman's 10,000 retail sq. ft. 200 50 required spaces
Oshman's 1,600 warehouse sq. ft. 500 3 required spaces
Oshman's 400 office sq. ft. 250 2 required spaces
Oshman's Total Required Parking 55 spaces
c) Circuit City 9,950 retail sq. ft. 200 50 required spaces
Circuit City 4,000 retail/applicance
sq. ft. 500 8 required spaces
Circuit City 12,000 warehouse sq. ft. - 500 24 required spaces
Circuit City 2,800 office sq. ft. 250 11 required spaces
Circuit City Total Required Parking 93 spaces
d) T.J. Max 20,000 retail sq. ft. 200 100 required spaces
T.J. Max 3,000 warehouse sq. ft. 500 6 required spaces
T.J. Max 325 office sq. ft. 250 1 required space
T.J. Max Total Required Parking 107 spaces
A total of three hundred and five (305) parking spaces would be required
to adequately facilitate the proposed and existing buildings. Inclusive of
the new 10,000 square foot retail building, there would be a total of three
hundred and fifty-one (351) parking spaces on Parcel A. This would adequately
serve the existing and proposed uses, however the on-site parking requirement
for the new 10,000 square foot building still does not meet on-site parking
standards established in the Downtown Dublin Specific Plan.
The Applicant could apply for a Variance or he could withdraw the
subdivision request and propose the 10,000 square foot structure as part of
the existing site. All parking requirements would then be met. Staff
recommended that the Applicant withdraw the subdivision request, however he
was not interested in this option at that time and therefore wished to proceed
with the request as proposed.
2. The Downtown Dublin Specific Plan established a maximum floor area ratio
of 30% for Area 8, which includes this site. As shown, the 10,000 square foot
building on the proposed 15,400 square foot lot results in a 65% floor area
ratio (FAR). A FAR of this magnitude could be considered through the Planned
Development (PD) Rezoning process. This option was presented to the
Applicant, however he was not interested in pursuing it and consequently he
decided to proceed with the review in its present form.
3, The Downtown Specific Plan establishes design criteria for new develop-
ments. In a letter dated August 6, 1987, from Staff to the Applicant (see
Attachment 5) these criteria were clearly elaborated, In response to that
letter, the Applicant submitted revised plans in an attempt to address issues
(Attachment 1). Unfortunately the concerns were not adequately addressed.
There is still:
- A lack of an adequate amount of landscaping around the proposed
building;
- A lack of pedestrian amenities such as plazas, benches and attractive
lighting in the proposal;
- A lack of special design features for the new building, including a
sloped roof, colored fabric awnings, and elements that create
attactive, well-defined pedestrian entrance;
A lack of delineation in the shape of the structure utilizing varying
wall and window shapes and attractively designed roof delineation;
- A lack of screening of parking areas with low attractive walls on the
larger site.
- A lack of a well defined pedestrian walkway system that inter-connects
all buildings on the site.
-5-
The revised elevations essentially show the same sterile concrete tilt-
up building that was originally proposed in the first submittal (Attachment
2). The revised submittal (Attachment 1) has been doctored up by adding a
centralized, pre-finished triangular metal panel designed to match the large
red extension shown on the existing Circuit City building. The metal
extension would be attached to the front elevation of the building and
supported by a row of stucco finished columns. The red projecting metal
extension inclusive of the proosed building colors is designed to match the
Circuit City building. Its high tech appearance may have some similar
qualities to the existing building, however it does not exude an attractive
pedestrian oriented feeling. It is basically simple and far from what Staff
considers a first class pedestrian oriented commercial development. If the
Commission wishes to repeat the Circuit City design, then this design proposal
may be acceptable. However, if the Commission wishes to set a new precedent,
then a new and better designed project of a higher quality should be
considered. This can only occur if the Commission denies the proposal without
prejudice. By denying this request without prejudice, the Planning Commission
would give the Applicant the opportunity to resubmit for Site Development
Review immediately. It is emphasized that all of the design concerns raised
should be fully addressed in the new submittal.
With these issues in mind it is recommended that the Planning Commission
deny the Site Development Review request without pre;udice.
RECOMMENDATION:
FORMAT:
1)
2)
3)
4)
5)
Open public hearing and hear Staff presentation.
Take testimony from Applicant and the public.
Question Staff, Applicant and the public.
Close public hearing and deliberate.
Adopt Resolution denying Minor Subdivision request and
denying Without Prejudice the Site Development Review
request, or give Staff/Applicant direction.
ACTION:
Staff recommends the Planning Commission adopt the attached
Resolution denying the Minor Subdivision request of PA 87-096 and
denying Without Prejudice the Site Development Review request of
PA 87-096.
ATTACHMENTS:
Exhibit A: Resolution of Denial and Denial Without Prejudice
Background attachments:
1, Revised Subdivision and Design Review Plans Inclusive of 9-1-87
Letter from Applicant's Architect in response to Staff's 8-6-87
Letter to the Applicant
2. Original Subdivision and Design Review Plans
3. Draft Example of Reciprocal Agreement submitted to Staff by
Applicant
4. Excerpts from the Downtown Dublin Specific Plan as they apply to
this Proposal
5. 8-6-87 Letter from Staff to the Applicant in Response to the
Submittal of the Original Subdivision and Design Review Plans
6. Site Photos
-6-
RESOLUTION NO. 87-
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
1) DENYING THE MINOR SUBDIVISION REQUEST OF PA 87-096,
A PROPOSAL TO SUBDIVIDE AN EXISTING 7.002 ACRE SITE INTO TWO SEPARATE SITES
(ONE CONTAINING 15,400 SQUARE FEET AND THE OTHER CONTAINING
289,607 SQUARE FEET) AT 7450 AMADOR VALLEY BOULEVARD; AND
2) DENYING WITHOUT PREJUDICE THE SITE DEVELOPMENT REVIEW REQUEST OF PA 87-096
TO CONSTRUCT A 10,000~ SQUARE FOOT COMMERCIAL BUILDING AT
7450 AMADOR VALLEY BOULEVARD
WHEREAS, First Western Development filed an application for a Minor
Subdivision request to subdivide an existing 7.002 acre site into two separate
sites (one containing 15,400 square feet and the other containing 289,607
square feet), and a Site Development Review request to construct a 10,000
square foot commercial building on the new 15,400 square foot parcel; and
WHEREAS, since a portion of this application is in part being
recommended for denial (the Subdivision) by Staff, and the other portion of
this application (the Site Development Review) is being recommended for denial
without prejudice by Staff, the provisions of the Environmental Quality Act
need not be fulfilled; and
WHEREAS, the Planning Commission did hold a public hearing on said
application on October 5, 1987; and
WHEREAS, proper notice of said public hearing was given in all
respects as required by law; and
WHEREAS, a Staff Report was submitted recommending that the
Subdivision request be denied and the Site Development Review request be denied
without prejudice; and
WHEREAS, the Planning Commission did hear and consider all said
reports, recommendations and testimony as hereinabove set forth;
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission
does hereby find that the Minor Subdivision request in PA 87-096 is incon-
sistent with the intent of the applicable Subdivision Regulations City Zoning
Ordinance and Downtown Dublin Specific Plan in that:
1) The subdivision would result in the creation of a landlocked parcel;
2) The subdivision would result in a parcel that would not have the required
effective lot frontage as defined in Section 8-60.13 of the Dublin Zoning
Ordinance;
3) The subdivision would result in a lot that would not have any frontage on
a public street;
4) There would not be direct access to the landlocked parcel other than
directly through a subservient parcel that completely surrounds this landlocked
parcel;
5) The subdivision would not promote the general welfare of the community in
that it does not assure that it would not become a future burden upon the
community with respect to ingress/egress and parking;
6) The subdivision would not maintain suitable standards to insure an
adequate building site in that development on the parcel would be hampered
based upon the small size of the parcel and the inability to design an adequate
amount of on-site parking to make this a self-sufficient proposal; and
-1-
EXHIBIT
A
-~
The Site Development Review in PA 87-096 does not:
1) Promote attractive and harmonious development in that the design of the
structure does not fulfill all the design policies established in the Downtown
Specific Plan;
2) Comply with on-site parking requirements established in the Downtown
Dublin Specific Plan in that no on-siite parking spaces have been provided;
3) Comply with the maximum 30% Floor Area Ratio requirement established in
the Downtown Dublin Specific Plan, in that a 65% Floor Area Ratio is proposed.
BE IT FURTHER RESOLVED THAT THE Planning Commission denies the
Minor Subdivision request in PA 87-096 and denies without prejudice the Site
Development Review request in PA 87-096.
PASSED, APPROVED AND ADOPTED this 5th day of October, 1987.
AYES:
NOES:
ABSENT:
Planning Commission Chairperson
ATTEST:
Planning Director
-2-
CD~
INC.
kR~RCIAL
~S~bCIATES
~
4230 198th 51 SW
L YNNWOOD, WASHINGTON 98036
(206) 771~2300
September 1. 1987
Mr. Rod Barger
Senior Planner
CITY OF DUBLIN DEVELOPMENT SERVICES
P.O. Box 2340
Dublin. CA 94568
PROJECT:
DUBLIN RETAIL CENTER
SUBJECT:
RESPONSE TO CllY'S COMMENTS ON DEVELOPMENT PROPOSAL
Dear Mr. Barger:
Incorporated In this letter and the attached drawings Is a response to the staff comments that
resulted from the July 30. 1987 staff meeting regarding this project and submitted to us in your
August 6. 1987 letter:
1. With regards to your first comment, we have responded by Indicating exposed
aggregate concrete connecting links between our building and each of the
adjacent, now existing structures. If you will note on Sheet 2, the connections
are shown at the southwest comer of our proposed retail buldlng connecting to
the T.J. Maxx and Circuit City structure. It Is envisioned that pedestrian
circulation will then occur along the front of our building moving to the north and
then utilizing a connecting link at the northwest corner of our building to the
existing retail building to the north as shown on the drawings. In addition we have
provided a pedestrian link at the front of our building Incorporating a park bench
and facilitating foot traffic from the parking areas to the west. Additional
pedestrian amenities Include the aforementioned park bench for seating area at
the central west portion of our proposed building and again In a modified
landscape area west of the building at the north end serving as a "node" from our
building to the adjacent building to the north.
2. Again I would refer the staff to drawing number 2 of the enclosed drawing
package with regards to the comments on landscaping. In essence what we
have done Is removed some of the landscaping Indicated on the approved
landscape plan for Circuit City between the existing single story retail building at
the northeast end of the site and the Circuit CltylT.J. Maxx Plaza facility. Much of
the landscaping noted on the Circuit City Plan. In the vicinity of our proposed
building. has been replaced by the landscape Islands shown at the western face
of our proposed building. The plant specimens. sizing and design has been
Intentionally maintained by our proposed proJect In conformity with submittals
tendered and approved In the past. For purposes of clarification. we have
enclosed a copy of the Circuit City Plan.
A IT ACHMENT \
Mr. Rod Barger
DUBLIN RETAIL CENTER - RESPONSE TO CIlY'S COMMENTS
September 1, 1 987
Page 2
3. As noted above In Item number 1. at two locations on the site we have provided
bench seating arrangements to enhance the level of pedestrian amenities
associated with this proposal, as well as provided associated landscaping, and
small trash receptacles.
4. We have substantially revised the building elevations to provide superior
architectural expression with regards to symmetry, massing and texture. In the
preceding paragraphs, reference has been made to a pedestrian plaza located
at the central west portion of our proposed retail center. This plaza has been
given a significant focus by the central architectural element developed for this
building. This relates architecturally to the adjacent reconfiguratlon of the Circuit
City facility. It is a symmetrically arranged, chevron-shaped element serving to
91ve the building focus. This central raised element has then been stepped down
to the pedestrian arcade canopy at either flank. The focus of this building is
certainly on the retailing functions at the front and we believe that through the
insertion of this new element Into the massing of the building that the building
takes on a more forceful and yet attractive appearance. In addition we have
varied the spacing of the columns. compressing the spacing In the proximity of
this enlarged overhead and doubling them up, thereby reinforcing the strength
given to this central element. Finally, the colors have been subtly shifted in tone
and Intensity and contrasted with the deep red of the prefinished metal coping
throughout the project. Again the focus Is on the colors advancing from a
recessive background light gray to stronger. bolder grays. focusing again on
the central architectural element. The color, tones and patterns are Intended to
evoke the architectural nature of this center In terms of the colors utilized.
5. This proposal as part of an architectural grouping of buildings, has adopted the
similar design intent as have the other developed and approved adjacent
retailing buildings. landscaping has been provided throughout the site by all the
facilities associated with the site, to serve as a visual screen for the parking
areas.
It Is my hope that both the graphic and written response to the staff comments served to clarify
some of the Issues raised during the staff's review. If you have any questions, please don't
hesitate to call me at the earliest opportunity and I will respond as soon as possible.
Sincerely,
COMMERCIAL DESIGN ASSOCIATES, INC.
Carl F. Plrscher
CFP/cbm-79
cc: John Hess. FWD
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AGREEMENT CONTAINING GRANT OF EASEMENTS AND DECLARATION ~)
OF COVENANTS AND RESTRICTIONS AFFECTING LAND
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THIS AGREEMENT made this ~ day of )D~, 1986, by
and between (1) eRR INVESTMENTS, a Washington general partnership
whose partners are Charles R. Hogan and Carl R. Hogan, hereinafter
referred to as "CRR," (2) RONALD R. ROSS and LILLIAN N. ROSS,
husband and wife. and FIRST WESTERN DEVELOPMENT OF WASHINGTON I
ASSOCIATES, a Washington general partnership, as tenants in
common, dba Claire's Marsh Associates, hereinafter referred to as
"CMA," and (3) RONALD R. ROSS and LILLIAN N. ROSS, husband and
wife, hereinafter referred to as "Ross."
RECITALS
1. CRR is the owner of the real property ("Parcel 3") which
is located in Kitsap County, Washington, and described as Parcel 3
of the City of Bremerton Clare's Marsh Associates Short Plat which
was filed in Volume I of Short Plats, page 4, and recorded under
Kitsap County Auditor's File No. 8605070145.
2. CMA is the owner of two separate parcels of real ~roper-
ty ("Parcels 1 and 4") which are located in Kitsap County, Wash-
ington, and described as Parcels 1 and 4 of the City of Bremerton
Clare's Marsh Associates Short Plat which was filed in Volume 1 of
Short Plats, page 4, and recorded under Kitsap County Auditor's
File No. 8605070145.
3. Ross is the owner of the real property ("Parcel 2")
which is located in Kitsap County, Washington, and described as
Parcel 2 of the City of Bremerton Clare's Marsh Associates Short
Plat which was filed in Volume 1 of Short Plats, page 4, and
recorded under Kitsap County Auditor's File No. 8605070145.
4. CRH, CMA and Ross desire that Parcels I, 2, 3 and 4 be
developed and improved in conjunction with each other pursuant to
a connnon plan anc;l in accordance with the site plan (the "Site
Plan") which is attached hereto as Exhibit A in order to form an
integrated connnercia1 shopping center, hereinafter referred to as
the "Shopping Center," and in furtherance thereof, the parties
674DD
1
An ar.8MENT 3
--
,-
intend that Parcels 1, 2, 3 and 4 be subject to the easements and
the covenants, conditions and restrictions hereinafter set forth.
Parcels 1, 2, 3 and 4 correspond to Lots I, 2, 3 and 4 as shown
on the site plan.
TERMS OF AGREEMENT
In consideration that the following easements, covenants,
conditions and restrictions shall be binding upon the parties
hereto and shall attach to and run with Parcels I, 2, 3 and 4 and
shall be for the benefit of and shall be limitations upon all
present and future owners of Parcels 1, 2, 3 and 4 and that all
easements hereinafter set forth shall be appurtenant to the
dominant estates, and in consideration of the mutual promises,
covenants, conditions, restrictions and easements contained
herein, the parties agree as follows:
1.
Definitions:
portions
the Site
a. "Building Area" as used herein shall mean those
of Parcels 1, 2, 3 and 4 which are shown identified on
Plan as "Building Area."
b. "Common Area" shall be all of Parcels I, 2, 3 and
4, except the Building Area.
2. Building Area Restrictions:
a. Use: The buildings constructed in the Building
Area shall be used solely for commercial purposes of the type
usually found in a retail shopping center. The occupants of the
buildings shall be primarily retail and service businesses of the
type normally associated with a retail shopping center including,
but not limited to, supermarkets, financial institutions, home
improvement centers, drug stores, and restaurants; provided that
no tavern, "adult" bookstore, tire store or center, or convenience
store or "mini-market" selling select food items whether or not
operated in connection with the sale of gasoline, shall be permitted
to operate in any building except upon the majority vote of the
parcel owners.
2
674DD
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b. Location: No building shall be constructed on
Parcels I, 2, 3 or 4, except within the Building Area.
c. Design and Construction: 'The buildings in the
Shopping Center shall be designed so that the exterior elevation
of each building will be architecturally and aesthetically compat-
ible with all other buildings and so that no building's wall
footings will encroach from one parcel on to another parcel.
Within ninety (90) days of the completion of construction of any
building on any of the parcels, the owner of the parcel on which
the building is constructed shall furnish the owners of all
abutting parcels with a foundation survey showing the location of
the building's footings with respect to the parcel's boundary
lines. The design and construction of each building shall be in
conformity with sound architectural and engineering standards and
the construction shall be first quality. No building shall exceed
thirty-five (35) feet in height.
d. Minor Encroachments: If, despite the best efforts
of the parties to construct the buildings within the boundaries of
their respective parcels, there is a minor encroachment of any
building's wall footings from one parcel on to another parcel
which does not interfere with the use of the parcel on to which
the footings encroach, or of any improvement therein, the owner of
that parcel shall cooperate by granting a recordable encroachment
permit or easement to the owner of the parcel whose building's
wall footings encroach.
e. Insurance Rating on Supermarket: CRR covenants and
agrees that the building constructed on Parcel 3 will be
sprinklered. CMA agrees that the buildings constructed on Parcels
1 and 4, immediately adjacent to the building on Parcel 3, will be
constructed in such a manner that at the time of their completion
they will not adversely affect the sprinklered insurance rating
then in effect on the building constructed on Parcel 3.
3. Common Area Easements: Each party, as the owner of its
respective parcel or parcels, hereby grants to the other parties,
and CMA hereby declares for each of its separate Parcels 1 and 4,
a reciprocal nonexclusive easement over and across the roadways
and walkways of Parcels I, 2, 3 and 4 for ingress to and egress
from each of the other Parcels and public streets and walkways; a
67400
3
~
reciprocal nonexclusive easement over and across the parking areas
of Parcels I, 2, 3 and 4 for the parking of motor vehicles; and a
reciprocal nonexclusive easement over and across the Common Areas
of Parcels I, 2, 3 and 4 for the use of all facilities installed
in the Common Area for the comfort and convenience of customers,
invitees, contractors and employees of the businesses and occu-
pants of the Shopping Center. The easements shall be for the
benefit of (i) the parties hereto and their successors and as-
signs, as present and future owners of Parcels I, 2, 3 and 4, (ii)
said owners' contractors, employees, customers andinvitees, and
(iii) the customers, invitees, contractors and employees of all
businesses and Occupants of buildings located in the Shopping
Center.
4. Common Area Covenants and Restrictions:
a. Development: The Common Area shall be developed by
the owners of Parcels I, 2, 3 and 4 in accordance with the Site
Plan, Exhibit A. The design and location of the Common Area's
entrances to and exits from the Shopping Center, roadways and
walkways, parking areas, and landscaped areas, shall not be
altered in any way from those which are shown on the Site Plan
except upon the unanimous vote of the parcel owners.
b. General Use: The Common Area shall be used solely
for roadways, walkways, driveways, ingress and egress, parking of
motor vehicles, loading and unloading of commercial and other
vehicles, landscaping, trash, storage and removal, placement of
utility equipment and facilitie~, and for the comfort and conve-
nience of all businesses and Occupants of the Shopping Center and
their customers, invitees, contractors and employees. All of the
uses permitted within the Common Area shall be conducted with
reason and judgment so as not to interfere with the primary
purpose of the Common Area which is to provide parki?g for the
customers, invitees, employees and contractors of those businesses
conducted within the Shopping Center and for the servicing and
supplying of such businesses. Persons using the Common Area in
accordance with this document shall not be charged any fee for
such use.
674DD
4
r
.-
c. Customer Parking:
to park on the Common Area except
business in the Shopping Center.
Persons shall not be permitted
while shopping or transacting
d. Emplovee Parking: Employees of businesses located
in the Shopping Center shall not be permitted to park on the
Common Area, except in "employee parking areas" which are
established as shown on Exhibit B and relocated from time to time
by the majority vote of the parcel owners.
e. Barricades: No fences, barricades, or walls shall
be erected along the common boundary lines of the parcels except
upon the unanimous vote of the parcel owners.
f. Utility and Service Easements: The owners of
Parcels 1, 2, 3 and 4 shall Cooperate in the granting of appropri-
ate and proper easements for the installation, repair and replace-
ment of storm drains, sewers, utilities and other proper services
necessary for the orderly development and operation of the Common
Area and buildings to be erected upon the Building Area. This
Agreement is subject to all utility easements of record.
g. Maintenance: The Common Area shall b~ maintained
in good condition and repair by the owners. The owners may employ
for the purpose of performing the maintenance of all of Shopping
Center's Common Area contractors and/or management firms and/or
maintenance firms upon such terms and conditions as may be ap-
proved by majority vote of the parcel owners; provided that the
term of any agr~ement for the hiring of a management or mainte-
nance firm shall not exceed one (1) year in length. The Common
Area maintenance which must be performed by the parcel.owners
shall consist of the following duties:
(i) the maintenance of the Common Area surfaces in
a level, smooth and evenly covered condition with the
type of surfacing material originally installed or such
substitute as shall in all respects be equal in quality,
use and durability; and
(ii) the removal of all snow, papers, debris, filth
and refuse and the sweeping of the Common Area to the
674DD
5
~
....
extent reasonably necessary to keep the Common Area in a
clean and orderly condition; and
(iii) the repair and replacement of any necessary
Shopping Center identification signs, appropriate
directional signs, markers and utility lines except
service lines to individual buildings; and
(iv) the operation, repair and replacement of such
artificial lighting facilities as shall be reasonably
required; and
(v) the maintenance of all striping for parking
stalls, roadways, and crosswalks; and
(vi) the maintenance of all landscaped areas and
the replacement of shrubs and other landscaping as may
be necessary to maintain a consistent and compatible
landscape plan for the entire Shopping Center.
If the parcel owners fail to hire a contractor or maintenance or
management firm to perform the above-stated duties for all of the
Shopping Center's Common Area, then it shall be the responsibility
of each parcel owner, at its own cost and expense, to perform
those duties and to otherwise maintain the Common Area located on
its parcel.
h. Payment of Maintenance Expense and Lien: The cost
of hiring a contractor and/or management firm and/or maintenance
firm to perform the maintenance of all of the Shopping Center's
Common Area shall be shared by and assessed against the parcels on
the following basis:
Parcel 1 44.0 %
Parcel 2 2.9 %
Parcel 3 29.6 %
Parcel 4 23.5 Z
Payment of each parcel's respective share shall be due at such
time or times as may be established by the majority vote of the
parcel owners. All unpaid amounts, plus interest, assessed
against any parcel shall constitute a lien against the parcel
until fully paid.
674DD
6
~
i. Si~ns: No signs, banners or flags shall be located
on the Common Area except those which advertise businesses con-
ducted thereon and signs which identify the Shopping Center at the
entrances to the Shopping Center. Signs, banners and flags shall
be uniform for the entire Shopping Center and may be used by the
parcel owners only in accordance with the current sign code, a
copy of which is attached as Exhibit C, and as amended from time
to time by majority vote of the parcel owners.
5. Taxes: Each of the owners of Parcels I, 2, 3 and 4
agrees to payor cause to be paid, prior to delinquency, directly
to the appropriate taxing authorities, all real property taxes and
assessments which are levied against that parcel's Building Area,
Common Area, and improvements.
6. Shoppin~ Carts:
responsible for maintaining
in the buildings located on
carts which are left on any
The owner of each parcel shall be
control over the shopping carts used
its parcel and for removing those
other parcel.
7. Indemnification/Insurance:
a. Indemnification: Each owner of Parcels 1, 2, 3 and
4 shall indemnify and save the other parcel owners harmless from
any and all liability, damage, expense, causes of action, suits,
claims or judgments arising from (i) injury to person or property
and occurring on that owner's parcel, except to the extent caused
by the act or neglect of an owner to whom this indemnification
would otherwise extend, and (ii) from the failure or refusal of
that owner to perform the duties or to comply with the terms which
are required by this Agreement, including but not limited to, the
failure to comply with the requirements of Paragraphs 2, 4, 5, 6,
7 and 8 hereof.
b. Insurance: Each owner of Parcels I, 2, 3 and 4
shall maintain public liability insurance with minimum limits for
injury or death of $1.000,000 for anyone person injured and
$2,000,000 for anyone occurrence. and $100.000 for property damage
which minimum limits may be increased or decreased from timp to
time by majority vote of the parcel owners.
674DD
7
~
,-
8. Eminent Domain:
a. Parcel Owner's Right to Award: Nothing herein
shall be construed to give any owner of a parcel any interest in
any award or payment made to the owner of another parcel in
connection with the exercise of eminent domain or transfer in lieu
thereof affecting the other parcel. In the event of any exercise
of eminent domain or transfer in lieu thereof of any part of the
Common Area located on any of the four parcels, the award attrib-
utable solely to the land and improvements of such portion of the
Common Area shall be payable only to the owner of the parcel
affected and no claim thereon shall be made by the owners of the
other parcels. The owners of the other parcels may file collater-
al claims with the condemning authority for their losses, e.g.
loss of access, which are separate and apart from the value of the
land area and improvements taken from another owner.
b. Restoration of Common Areas: The owner of the
parcel so condemned or transferred shall promptly repair and
restore that parcel's Common Area as nearly as practicable to the
condition of same immediately prior to such condemnation or
transfer to the extent that the proceeds of such award are suffi-
cient to pay the cost of such restoration and repair and without
contribution from any other owner.
9. Miscellaneous:
a. Voting: For the purpose of taking any vote of
parcel owners either permitted or required by this Agreement, the
total votes of all four parcel owners shall be 100 votes, and the
total votes available to the owner of any parcel shall be equal to
100 multiplied by the percentage ascribed to that parcel in
Paragraph 4.h hereof.
b. Modification - Cancellation: This Agreement may be
modified or cancelled only by the written agreement of all record
owners of Parcels I, 2, 3 and 4.
c. Right of Action: Each owner of Parcels 1, 2, 3 and
4 is hereby accorded a right of action of injunctive relief to
enforce the provisions of this Agreement, including contribution
8
674DD
~
~
provisions.
for damages
Agreement.
to recover
In addition, said owner shall have a right of action
against any person breaching the provisions of this
The prevailing party in any action shall be entitled
its reasonable attorney's fees.
d. Duration: Unless otherwise cancelled and terminat-
ed or modified or extended by the written agreement of all of the
owners of Parcels I, 2, 3 and 4 this Agreement and all the ease-
ments, restrictions, rights, and obligations created hereby shall
automatically terminate on, and be of no further force or effect
after, December 31, 2046.
e. Private Rights: The easements, covenants and
restrictions created by this Agreement are not intended to confer
any rights or benefits upon the public generally or upon any
governmental agency or body.
10. Rights and Obligations of Lenders: The charges and
burdens of this Agreement are, and shall at all times be, prior
and therefore superior to the lien or charge of any mortgage or
deed of trust made in good faith and for value affecting Parcels
I, 2, 3 or 4 or any part thereof or any improvements now or
hereafter placed thereon. However, a breach of any of the ease-
ments, covenants, or restrictions hereof shall not defeat or
render invalid the lien or charge of any mortgage or deed of
trust. The superiority of this Agreement shall be limited to the
extent that title to any parcel acquired through sale under
foreclosure of any mortgage or deed of trust effected by powers of
sale, judicial proceedings, or otherwise, shall be subject to all
the charges, assessments and burdens affecting Parcels I, 2, 3 and
4 by virtue of this Agreement; provided that any person acquiring
possession or title in such manner, shall take free of any claim
or assessment for Common Area maintenance expense attributable to
the parcel so acquired which was incurred prior to acquisition,
but such person shall be liable for the Common Area maintenance
expense attributable to the acquired parcel from and after the
date of acquisition of possession or title, whichever first
occurs.
11. Rights of Successors. The easements, covenants, re-
strictions, benefits and obligations hereunder are intended to
9
674DD
create mutual benefits and servitudes upon Parcels 1. 2. 3 and 4
running with the land. This Agreement shall bind and inure to the
benefit of the present and future owners of the Parcels 1. 2. 3
and 4, their respective heirs, representatives. tenants. succes-
sors, and assigns. All persons acquiring an interest in Parcels
1, 2. 3 and 4 after the recording of this Agreement shall acquire
their interest subject to these covenants running with the land.
12. Cancellation and Termination of Prior Declaration. The
parties hereto agree that the Declaration of Easements with
Covenants and Restrictions Affecting Land which was recorded under
Kitsap County Auditor's File No. 8605050151 is hereby cancelled
and terminated in accordance with Paragraph 8 thereof and it shall
have no further force or effect.
13. Consent of Mortgagees. By their signatures hereto, the
undersigned holders of a mortgage or deed of trust upon any of the
parcels subject to this Agreement hereby approve and consent, and
subordinate the lien of their mortgage or deed of trust, to all of
the terms of this Agreement.
IN WITNESS WHE~OF. the parties have executed this Agreement
,\ f
this ~day of ~-4"~'~ 1986. /~
Owner of Parcel 3: ~,Qf
f, -;-1
CRR INVEsn1ENTS, a general' (-
partnership formed under the
laws of the State of Washington
<f)~~,~
cUj' ~s . ogan, Part,er
FIRST WESTERN DEVELOPMENT I
ASSOCIATES, a general partner-
ship formed under the laws of
the State of Washington,
tena in common
Partner
By:
674DD
10
Parcel 2 Mortgage Holder:
Parcels 1 and 4 Mortgage Holder:
First Security Realty
Services Corporation, a
Utah corporation. now known as
CROSSLArlD MORTGAGE CORP.. a Utah corporation
BY:~~~cA.a-.,.
STATE OF WASHINGTON )
) 55.
County of Pierce )
On this day personally appeared before me Charles R. Hogan
and Carl R. Hogan, to me known to be the partners of CRH Investments,
the partnership described in and that executed the within and
foregoing instrument, and acknowledged said instrument to be the
free and voluntary act and deed of said partnership,. for the uses
and purposes therein mentioned, and on oath stated that they were
authorized to execute said instrument on behalf of said
partnership.
--1l GIVEN under my hand and official seal this iclk-
~e:c~4~ 1986. -
day of
!0~.e'-
NOTARY UBLIC ~n an or t
of Washington, residing at
STATE OF WASHINGTON. }
55,
County of Ki tsap
On this 2nd day of December . 19 86. before me personally appeared
Ronald R. Ross to me known to be the individual described in and who executed
the foregoing instrument for him self and also as Attorney in fact for Lillian N. Ross
and acknowledged that he signed and sealed the same as his free and voluntary act and deed for him
self and also as his free and voluntary act and deed as Attorney in Fact for said principal for the uses and
purposes therein mentioned, and on oath stated that the Power of Attorney authorizing the execution of this instrument
has not been revoked and that the said principal is now living and is not insane.
AC:KNOWUD...~NT .
."DIYIDU.a.. ANI) .... ATTORNEY IN ,.ACT.
Given under my hand and official seal the day and year last above written.
._~./f.j:2g"J~\f;1i:;;-;;w;,-;;;;;i,;;;;;..
,esidi"K 41 Silverda1e.
My commission expires 11-15-87.
fonn No. ~',13.1
STATE OF ~S~INGT9~ )
~) ss.
County of llieree )
On this day personally appeared before me George E. Barber,
to me known to be Managing General Partner of First Western
Development I Associates, dba Claire' 5 Marsh Associates, the
partnership described in and that executed the within and fore-
going instrument, and acknowledged said instrument to be the free
and voluntary act and deed of said partnership, for the uses and
11
674DD
purposes therein mentioned, and on oAth stated that he was author-
ized to execute said ins~~b~E behalf of said partnership.
~,.,.", Q'f M..!..~u';~~ J .,..
GIVEN under my ...'ti~~~t\\,~~~_"al seal this ~ day of
.f)U1/}1~/V ,1986! .-}..." ~.. \
i l.: HOl""Y~~
~ \..... .
; \1l \ PU8llCJ ~ I lon an or the State
\ "'^..,.... JUl'.l~..~Pl)~ngton, residing at Ze':vu.a. ~
.. ",.. .. ,.~'T>, ~.A~
." 'I!" ........ ~\J ...' .....l:7....~--~
OF WASHINGTON )""", O!: WAS't\\ ...""
) "" ,..,
98"".".,
)
On this day per lly appeared before me Ronald R. Ross and
Lillian N. Ross, husband a wife, dba Claire's Marsh Associates,
and acknowledged said instrumen be the free and voluntary act
and deed of said partnership, for t ses and purposes therein
mentioned, and on oath stated that they we uthorized to execute
said instrument on behalf of said partnership.
CIUt;'f'J ,mi!pT" my nand and official seal this
, 1986.
of
~~TARY PUBLIC in and for the State
of Washington, residing at Tacoma.
STATE OF WASHINGTON )
) ss.
County of Pierce )
_~CrossLand Mortgage Corp.
On this day personally app%::..d before me~~../.:r~to me
known to be I'/L"C h~~ of Fir~t St:t:urit:; RealtY-~_~QE
Corporation, the corporatl.on described in and that executed the
within and foregoing instrument, and acknowledged said instrument
to be the free and voluntary act and deed of said corporation, for
the uses and purposes therein mentioned, and on oath stated that
he was authorized to execute said instrument on behalf of said
corporation.
nd and official seal this ~ day of
4~-~-/
NO Y PUBL C' and for the State
of Washington, residing at Tacoma.
-
STATE OF WASHINGTON )
) ss.
County of Pierce )
On this day personally appeared before me to me
known to be of , the corporation described
in and that executed the within and foregoing instrument, and
acknowledged said instrument to be the free and voluntary act and
deed of said corporation, for the uses and purposes therein
mentioned, and on oath stated that he was authorized to execute
said instrument on behalf of said corporation.
12
67400
STATE OF WASHINGTON
County of Kitsap
On this 2nd day of December . 19 86. before me
personally appeared Ronald R. Ross to me known to be the individual
described in and who executed the foregoing instrument for him self and
also as Attorney in Fact for Lillian N. Ross dba Claire's Marsh Assoc-
iates. and acknowledged that he signed and sealed the same as his
free and voluntary act and deed for him self and also as his free
and voluntary act and deed as Attorney in Fact for said principal for the
uses and purposes therein mentioned. and on oath stated that the Power
of Attorney authorizing the execution of this instrument has not been revoked
and that the said principal is now living and is not insane.
Given under my hand and official seal the day and year last above
written.
J C
.. "tV- CuH zJ-
Notary Public in and for ~e State of
Washington, residing at 'j l~~.
My couunission expires (Kl,~~,. Ie- l,j~ l'1tJS.
,
x
-x,'
('
(
GIVEN under my hand and official seal this
, 1986.
day of
NOTARY PUBLIC in and tor the State
of Washington, residing at Tacoma.
~
t
GIVEN under my hand and official seal this
, 1986.
day of
674DD
NOTARY PUBLIC in and tor the State
of Washington, residing at Tacoma.
13
. .
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(Part of that certain Development Agreement dated 12/1/B6)
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I
EXHIBIT "e"
":"
. EAST TO\vNE CENTE:H
BREMERTON, WASHINGTON
SIGN CRITERIA
These criteria have been established for the purpose of controlling the size,
design and location of all signage, so as to enhance the centers image and
create a mutual benefit to all tenants. Conformance will be strictly enforced,
and any installed non-conforming or unapproved signs must be brought into con-
formance at the expense of Tenant.
1. Administration
a. All tenants shall provide fascia signage in accordance with this
criteri a.
b. Tenant shall submit to the landlords agent, one (1) print and one (1)
reproducible sepia of detailed drawings showing location of the sign
on the storefront or designated space, size, layout, and color of the
proposed sign, including all lettering and/or graphics, materials,
attachment devices, construction and fabrication details. Tenant shall
receive a copy of the sign drawing approved with signiture by the land-
lord or Landlord's agent prior to fabrication and installation.
c. Tenant's sign contractor is to provide written certification that the
sign installation conforms to all applicable codes and ordinances, and
that it has been inspected and approved by the controlling agency.
d. Tenant or its agent shall obtain a sign permit from the reviewing juris-
diction for its sign and the installation thereof.
e. Tenants shall pay for the installation, including transformers, final
connections, and maintenance of a11 s1gns.
f. The Landlord will provide primary electrical service terminating at
the point shown on the plans.
g. The Tenant shall provide all other installation.
h.' 'Upon'vacation of premises Tenant shall arrange for removal of sign and
filing of holes with appropriate material so as to create a waterproof
assembly. Any damage caused by removal of sign or failure to make con-
'struction waterproof shall be Tenant's responsibility.
i. In the event of any conflict between Tenant and landlord as to the appli-
- cation of these criteria, Landlord's decision shall be final and binding
upon Tenant.
~ Construction Requirements
a. All signs, bolts fastenings and clips shall be ,of glass, plastic, hot
dipped galvanized iron, stainless steel, aluminum, brass or bronze.
No black iron of any type will be permitted.
b. A maximum of 3/4" boring per letter may penetrate the fascia to serve
the electrOde leads. It is recommended that a "Hage Connector," or
approved equal be utilized. It shall be the sign contractor's responsi-
bility to secure sign to fascia in a method so as not to create a hazard
to the public.
c. All penetration of the fascia shall be made waterproof by using gaskets
and sealant.
d. The tenant shall be responsible for any damage caused by the sign con-
tractor.
e. No labels will be permitted on the exposed surface of signs except those
required by local ordinance and, if required, shall be in an inconspicuous
location.
f. No exposed condu; t. tubi ng or raceways wi 11 be permi tted.
g. All electrical signs shall bear the U.l. label.
h.. rlprt.,..;ral C:Dr"'u;ro +^ 2011 t,,..nr ..~~" ....ft &_..._ T^-".......~ ___06"__
.r
. , "
3. Design Requirements for Fascia Signs, Entrance and Service Door Signs
I, All fascia signs shall be mounted on the sign fascia and be restricted
to the sign area illustrated in Figure -1-.
b. Fascia signs shall not project more than six inches (6-) beyond the face
of sign fascia and shall conform in size and location to the criteria
established in this section (See Figure "1").
c.' Wordi n9 of si gns sha 11 not include the product sold, 1. e., shoes, dresses,
etc.. except where identification of Tenant is impossible without same.
landlord shall be the sole judge in its discretion as to conformance in
accordance herewith.
d. Signs may be of the following types:
i. Illuminated plastic-faced individual channel letters with plastic
or sheet metal sides and return to match a dark bronze anodized
aluminum finish. , (See Figure "1").
e. Signs shall be of the following size:
i. In length, not more than seventy-five percent (75%) of the
storefront on the elevation facing the primary road.
ii. Sign height shall not exceed thirty-six inches (36"). Nore than
one row of letters shall be permitted as long as the maximum height
of 36" is not exceeded.
f.
Suggested type face is -Helvetica Medium". See Figure "2". Other type
faces may be submitted for approval. No script will be 'allowed except
where Tenant has an established, publicly recognized logo or store signature.
At the discretion of Landlord, such logo or signature may be used. pro-
vided that it conforms to all other sign criteria.
Crests, shields or symbols as required by law (i.e. banks, etc.) will be
pennitted but shall be limited to six inches (6-) high, the center of
which shall be five feet (5') above the floor line. and shall be in gold
or silver leaf or in one color on the glass storefronts only. (See Figure
-2-) .
Reverse cut white lettering only, shall be permitted on glass doors within
the limits set forth herein: 144 square inches per entrance in lettering
not to exceed two inches (2") in height. indicated hours of business,
emergency telephone numbers, ADT sticker. etc. Signs shall be supplied by
a preselected sign contractor and ordered through the Landlord's Agent.
Service Doors:
i. All lettering shall be painted on face of door as illustrated
in Figure "3".
1i. Door is typical non-customer type for receiving merchandise and
generally occurs at the rear of premises (verify door location
with lease plan).
The following types of signs are prohibited unless specifically approved by
the Landlord or. Landlord's Agent, and the reviewing juriSdiction on an
individual basis.
1. Illumina,ted logos, nonilluminated letters. numerals or symbols.
g.
h.
1.
j.
i1.
i i 1.
Signs employing moving or flashing lights.
Signs employing exposed conduit. conductors, ballast boxes. trans-
formers or other equipment.
Signs employing luminous vacuum-formed plastic letters.
Signs of box or cabinet type employing luminous plastic panels.
Signs employing unedged or uncapped letters with no returns and
exposed fastenings.
No sign of any type other than those described above will be allowed
to become attached to or temporarily placed within the display win-
dows of any store except where they are constructed of self-supporting
lIIaterial
iv.
v.
vi.
vii.
...
. .
Viii.
ix.
xi 1.
xiii.
,
x.
Pylon Signs.
Hoving Signs.
Signs with exposed neon or fluorescent tubing.
Paper, cardboard or painted signs
xi.
Audible Signs.
Portable signs, including but not limited to auto, truck
or trailer mounted signs and bread board type signs,
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111M L..,
SECTION
SUITE WIDTH
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2. .......
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. SIGN ELEVATION
FIGURE 1
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SUGGESTED
ENTRANCE ELEV A liON TYPE STYLE
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SERVICE DOOR ELEVATION
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RrlURN TO:'
Sccu:iti<;s-Intcnnountain. Inc.
\ Ono Un:on Square, Suite 1920
tJO lInh'c~jlY Stleot
Seattle, W<:r.hington sa10l
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NON DISTURBANCE ATTORIlI'!Ull Arm
SUilORD I!UII lOr; hGr.rr i jl il:
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AGREH1ENT. dated the 15th day of ~~)~______, 1981, betlleen SECUHlTIES-
INiERNOUNTAIN, INC., an Oregon cOl'poration (the l3eneficiary) und~I' a Deed of Trust
dated June 15,1983 , and recorded undel' i\uditor's File No.
X ~;<0 / j ~ 0 I ~ 5' _, records o( King COll'lty, Hashington,
on xS~ [) ? )5"D?~S~, and
,
, having its office at 11120 KENT KANGlEY RD.. KENT. WA.
(the Tenant), and Norman G. Heutmaker, Jr. and
having its office at P.o. BOX 634, KENT, WA.
(the Landlord).
JOHNNY'S FOOD CENTERS, INC.
Sheila M. Ueutmaker, H & 14
PRELIi'lL\RY :"TATEHUn
- -----..'-----.
.
Tenant has executed a lease (the LeasL') \'Jitli ...!!orman G. HelJtll,~ker, Jr. and
Sheila M. Heutmaker, H & W (the Landlord) of the premises described in attached
Exhibit "A" (the Premises). Beneficiary holds a Deed of Trust on the Premises.
Tenant and Beneficiary desire hereby to establish certain rights, safeguards,
obligations and priorities, \'/ith r'espE:ct to their "L'spectivc intcl-'?5.t by means of
the follOl'/ing non-disturuance, atton~,;~'nt ,.nd 5L:,,,, :inat',JII JgreE:"I~nt.
NOH TIiEREFORE, the parties heretc, COVLnant and agree as fo11O\,/s:
1. Provided the lease is in full force and effect and there are no defnults
thereunder, then:
(a) The right of possession of Tenant to the l~ased premises and
Tenants rights arising out of th~ Leases shall not be affected or disturbed
by the Beneficiary in the exerci:se of any of its ri~lht~> under the Deed of
Trus t or th(' Note secured thel'eby.'
....
(b) In the event that the Bllief i.:iary 01' any othel' person acquil'es
title to the Premises pursuant to thE' exercise of any remedy provided for
in the Deed of Trust the Lease shall not,bc terminated or affected by said
forec 1 osure or sa 1 e of any such procC:2di 119, JnJ the Iknefi cia ry hereby
covenants that any sale by it of the Premises pursuilnt to the exercise of
any ri ghts and remedi es under tIll, Deed of Trus t, or other\'li se, sha 11 be
made subject to the lease and He' rights of the Tenant thel"eunder; and
the Tenant covenants and agrees 10 attorn to the Beneficiary, or such
person as its new Landlord, and the leaSE: shall continue in full force
and effect as a direct lease betueen Tenant ar,j Benf:ficiary, or such other
person, upon all the terms, covUlants, conditions and agreements set forth
in the lease. HOI'/ever, in no E:vent shall the Beneficiary or such person be:
i
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(1)
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liable for any act or omission of th~ Landlord
subject to any offsets or defici,ncies \"hich the
Tenant might be entitlc,d to ilS:( It agllinst the
landord; or
bound by any payoo<:'lit of rent or additional rent
made by the Tenant to the landlOl'd fOl' more than
one month in advance.
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2. The Lease shall be subject illld slIbordillJlL' to the lien (If the Deed of
Trust ilnd to all the terms. conditions and provisions thel'cof, to all advances
wade or to be made thereunder, and to any rencI'/ills, extensions, modifications
or replacements thereof.
3. The foregoing provisions shall be sC'lf 0i,c'I'ativ'::,ill,:J effective \.lithout
the ey-ecution of any fUI'ther instrum~llts ~ll the: P=l't of (:1 ~t.',!r pudy hereto.
1I0':/ever, Tenant agrees to execute anrl del1ver to t~e [len=f1clary ,,~ to any persoll
to whom Tenant herein agrees to attorn such other lnstruffi2nts as elther sh)ll
request in order to effectuate said provisions.
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lhi~ ^~I'CCIiI~lIl loluy nul LJe I/,ocl11 11';1 (llill', t11.111 ilY an dg,'cr:;lIClll ill '-tritin!)
sigllcd by the parties hCt'(:!to or by the'it' r'cspcctivc succcsson, in intcrcst.
This Agreemcnt shall inure to the bellcfit uf and be binding upon the partics
hercto and their successors and assiglls.
IN WITNESS WHEREOF. the parties hereto have caused this Agre~mcnt to be fully
executed the day and year first above written.
BlNEFIClfll:Y: SEClJRlTIES-INTERl10UIHAIN. INC.
~~--'..- ~a..- ~w
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By: 0L/\ []?I,,) ~
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R P ENT
LA: ~
~~~~ ~ /~
Norman G. Heutmaker. Jr.
)1d p ~ r{l<. fllC-~-LA4l'\...----
Sheila M. Heutmaker
ACKNO!~LEDGHIENTS
STATE OF WASHINGTON)
) ss
COUNTY OF KIrlG ) -::J,ji..
On this ~ day of~?1;83. before me personally appeared
p ,.~.) an~~U2_~) /(;,/1.(-, v(
\ .; " - /. '/) ,
'.~ ;~. ~,r and /~ /' fi' ../- - ".:;7<,,<"" ~ ;'-...::/-
of SECURITIES-INTERr10 T IN. INC., he corporation that executed t e withln
and foregoing instrument. and acknowledged the said instrument to be the free
and VOluntary act and deed of said corporation. for the uses and pUt'poses
therein mentioned, and on oath stated that they arE authorized to execute said
ins trument.
GIVEN under my hand and
written.
officilll' st:al the day and year first above
'---- , '-........-. '
)/- - '":n /1
/ Tj-;~;:/pru1tfc ~~ ~~th; .Stat; of
. , -
l!Jshingtoll, n;sidinSI at.~;.(;...-,.-:t'~
Ily cO;l1mission pxpirps on ~" -.. sc.
:NOJY.!Ql'AL
ST^ TE or W.l>>.L1..L-!'8If!.Jl)
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COUNlY 01 J)L&d_)
--
On thi~day of JLI/7/ __' 19J3. Lefore me personally appeared
J~~ ,; ~~n /J/. 44/_",~/.
to me known to be the individual s) described in and \o/ho executed the
within and fo~egoing instrument. and acknowledged that ~~_signed the
same as ~g_Jree and voluntary act and deed. for thr uses and
pUrposes therein mentioned.
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GIVEN Under n~ hand and
written.
official seal the day and year first above
{],r-&",,~. ~~
(rfc;Y"'Y Pub 1 ! c in, nd fo,' the ~;L7'
~~,~~ctTi/~ ,residing at "
My Commission expires _ ..:j/!?r; .. .
\RTNERSHIP, STATE OF
)
) ss
)
---
COUNTY OF
On this
day of __,__' 19__. before me persona lly .
appeared
to me known to be the partner(s) of the pal-tnership that executed the
within and foregoing instrument. and adnJ~:l Ldged the said instrument
to be the free and voluntary act and deed of said partnership, for the
uses and purposes therein mentioned, and on oath stated that
authorized to execute said instrument.
GIVEN Under my hand and official seal the day and year first above
written.
PORATE
Notary Public in and for the State of
. residing at
My Commission expires_
STATE OF WllSIIIAJQ~/..J )
) ss
COUNTY OF 1(r AJ & )
On this ~ day of Xnf. . 19J:i. before me personally
appeared ..J;Anlltt .s;/hIf1~,es and
to me known to ~ the j/~6talPr.r.f and
· respectively. of .JOhJ?n~!J. F;,/')f) &'Jft~. T/1e.
· the corporation that exec ted the within and fore-
going instrument. and acknowledged the said instrument to be the free and
voluntary act and deed of said corporation. f9r the uses and purposes
therein mentioned. and on oath stated that )7~ authorized to
execute said instrument.
GIVEN Under my hand and official seal the day and year first above
" written.
"" ...... ....-
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PARCEL A:
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EXHIBIT "I,"
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The west 165 feet of the east 330 feet of the south 498 feel
of the north 528 feet of the northwest quarter of the
northwest quarter of Section 29, Township 22 North, Range 5
East, W.M., in King County, Washington;
EXCEPT that portion thereof conveyed for State Highway by
Deed, recorded under Recording Numbers 4249243, 4298128,
7210040059 and 7210040060.
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~ARCEL B:
The west 135 feet of the east 165 feet of the northwest
quarter of the northwest quarte~ of Section 29, Township 22
North, Range 5 East, W.M., in King County, Washington;
EXCEPT the south 792 feet thereof and
EXCEPT that portion thereof conveyed for State Highway by
Deed recorded under Recording Numbers 4298128, 7210040059,
7210040060 and 7705230557.
)
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PARCEL C-1:
West half of the east 10 "er.e!, of the northwest quarter of
the northwest quarter of Section 29, Township 22 North,
Range 5 East, W.M., in King County, Washington;
EXCEPT the north 528 feet and
EXCEPT the south 428 feet thereof.
PARCEL C-2:
The north 100 feet of the ~outh 52tl feet of the east 5 acres
of the northwest quarter (.f the nod h:est qU<lrter of Section
29, Township 22 North, Ral'lJe ~, East, L'i.N., in King County,
Washington;
EXCEPT the east 30 feet deeded to King County for road by
deed recorded under Recording Number 2739766 and
EXCEPT portion deeded to the City of Kent under Recording
Number 7705230555.
PARCEL D:
The north 170 feet of the south 79L feet of the east 5 acres
of the northwest quarter of the northwest quarter of Section
29, Township 22 North, Range 5 East, lv.M., in King County,
Washington;
EXCEPT the east 30 feet thereof conveyed to King County for
road by deed recorded under Recording Number 2739766 and
EXCEPT portion deeded to Ihe City of Kent under Hecording
Number 7705230555.
PARCEL E:
The north 94 feet of the south 622 feet of the east 5 acres
of the northwest quarter of the northwest quarter of Section
29, Township 22 North, Range 5 East W.l-1., in King County,
Washington; EXCEPT the east 30 feet thereof conveyed to King
County for road purposes by deed rl'c(ll-ded under Recording
Number 2739766 and
EXCEPT portion deeded to the City of Kent under Recording
Number 7705230555
PARCEL f'
The north 100 feet of the south 428 feet of the Cdst 10
acres of the northwest quarter of the northwest quarter of
Section 29, Township 22 North, Range 5 East, W.H., in King
County, WDshington;
EXCEPT the east 30 feet deeded to ~ing County for road by
instrument recorded under Recording l\umbe:r 27397GlJ; ilnd
EXCEL''f portion deeded to City of Kent Undel" Hccorcling Number
7705230555.
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Dublin
Downtown'
SRecific
Plan "
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a (R-l with Replacement Pages as Revised A .TTACHMEUT' 1-
i~ by Planning Commission) . ~
WURSTER, BERNARDI AND EMMONS, INC
c)
To encourage better internal circulation among
adjacen~;developments.
To encourage better pedestrian connections among
downtown developments.
e) To consider a future regional transit station
within the downtown area or at other locations.
e
d)
3) Parkinq Goals
a) To develop and enforce realistic and appropriate
parking standards.
b) To discourage commuter parking on city streets and
in retail parking lots.
c) To encourage a greater joint use of parking areas
through compatible mixes of uses and enhanced
pedestrian connections.
4) Land Use Goals
a) To increase the amount of retail.development
downtown.
b) To broaden the mix of retail uses downtown.
e
c)
To encourage the retention of existing automobile
dealerships while developing contingency plans for
their potential relocation within the City of
Dublin.
d) To encourage a greater intensity of development at
appropriate locations. .
e) To encourage more full-service restaurants.
downtown.
f) To allow increased development without requiring
additional parking in those areas of downtown
where past parking requirements have been
excessive.
5) Urban Desiqn Goals
a) To improve the overall visual quality of the
downtown area.
b) To improve the entry image to downtown.
c) To establish an identifiable design theme.
e
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d)
.
To improve the visual relationships between the
two sections of downtown divided by Interstate
680.
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e)
To encourage more landscaping in parking lots."
f) To improve the visual appearance of future
structures.
g) To establish an area within the downtown for
public use and events.
6. Implementation and Fundinq Goals
. a) To establish a realistic level of public
improvements.
b) To utilize both public and private sources of
funds for project implementation.
c) To encourage a greater sense of cooperation among'
the downtown property owners and tenants.
d) To encourage the prom~tion of Downtown Dublin as a
whole.
e
e) To establish programs for improving existing
,developments as well as future ones. '
f) To encourage public/private partnerships to
accomplish common objectives.
C. SPECIFIC PLAN OVERVIEW
A Specific Plan is a tool authorized under California
Government Code Sections 65450 through 65457 to give
'communities greater control over guiding community
development. A Specific Plan allows the community to provide
more detailed guidance in a localized area and to tailor
regulatory standards more specifically to the unique aspects
of each plan area in order to better implement the policies
and goals of the General Plan. The Specific Plan must be
consistent with the General Plan.
e
In the case of Downtown DUblin, many of the existing land
use regulations have been adopted from County standards
which were in effect prior to the City's incorporation.
This Specific Plan examines the opportunities and
constraints which are unique to this area and establishes
standards and implementation programs to meet the goals and
needs of the Ci ty .'
The following is a brief overview of the highlights of this
Downtown Dublin Specific Plan.
6
Circulation
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While Downtown Dublin is strategically located at the
intersection of two major interstate highways, its very
location creates ingress and egress problems because of peak
hour traffic flows. Future development will be limited to a
level supportable by a reasonable and affordable level of
street improvements which emphasize the maximum utilization
of existing rights-of-way and the avoidance of visually
unattractive and expensive traffic solutions.
Provisions will be made for the accommodation of a future
transit station serving the downtown area.
Pedestrian circulation within the downtown will be
encouraged and enhanced with special emphasis given to
Amador Plaza Road, the Central Block Shopping Complex and
the areas connecting the future transit station site to
major shopping and activity areas.
e
Parkinq
Parking studies revealed that past standards have resulted
generally in a substantial oversupply of parking within the
downtown. The results have contributed greatly to a
downtown environment dominated by large paved parking areas
with a minimum of landscaping. The plan revises the parking
standards for downtown, establishes requirements for parking
lot landscaping, encourages additional development without
additional parking where conditions warrant and allows for
the consideration of parking reductions for mixed use
projects. The plan also encouragas the placement of
additional landscaping within existing parking lots to
improve the overall visual quality and shopper amenity level
of downtown~
Land Use
The plan emphasizes retail development on the ground floor
of structures and encourages office and residential uses on
upper floors. Development standards have been prepared to
allow an approximate 30% increase in building area within
the downtown.
Development intensification locations are controlled to
avoid the overlQading of critical street intersections and
controls are established to reserve land for parking to
serve regional transit.
Interim use standards are established for key sites which
may continue to operate with current uses for some time but
for which more Ietail-oriented uses are desired if and when
the current uses move.
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A Dublin -Restaurant Row. with restaurants, specialty shops,
entertainment uses and second story offices is encouraged
along Amador Plaza Road.
Other special requirements are established to improve the
- visual appearance of downtown, protect adjacent residential
areas and encourage increased pedestrian connections among
projects.
Central Block Improvements
A conceptual plan is suggested for review and discussion by
property owners and merchants located within the major
central area of Downtown Dublin. The plan encourages
greater vehicular and pedestrian access among the various
portions of the block, a clearer identification of entries
from adjacent streets, and additional landscaping to improve
the visual environment. It further encourages
intensification of development by the selected infill of
buildings where a substantial oversupply of parking spaces
exist.
e
A major feature of the concept is 'the potential for creating
a structure and/or plaza space for a combination of public
and private use~ Since the downtown area does not currently
contain an area where public events can be held, this
element of the concept could assist in creating a greater
civic focus within the area for the benefit of both city
residents and downtown businesses.
Urban Desiqn Improvements
The image and identity of downtown with the City of Dublin
will be enhanced by a series of public urban design
improvements which will be cpmplementary to those recently
implemented by ,the City. They will consist of improvements
to major downtown entries, the creation of continuity theme
elements located in the medians of the major boundary
streets, entry pylons to major projects and landscape and
pedestrian amenity improvements along the proposed Dublin
Restaurant Row.
Designs will emphasize colorful banners which may be changed
seasonably to support downtown promotional efforts and will
utilize the repetition of a Downtown Dublin logo.
Implementation and Fundinq
e
The Specific Plan implementation and funding strategies
emphasize a public(private partnership which includes
flexibility and the. utilization of a variety of funding
sources and methods. Costs of implementing the improvements
and programs for which some certainty of interest and scope
8
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An increase of height over a portion or all of the site
up to that specified in the Development Standards may
be granted if the city finds that such an increase
would not be detrimental to adjacent residents.
11>
The city shall seek the creation of a downtown plaza
space for joint public and private uses.
,E. URBAN DESIGN
1) .Additional public improvements within the downtown area
shall be used to identify the area more strongly with
: the City of Dublin. .
2) The City shall require adequate landscaping between
sidewalks and parking lots.
3) The City shall encourage and require a high level
building, landscaping and signing quality.
4) Properties adjacent to the freeways shall be required
to adequately landscape the edges of their property as
part of any development approval.
5) The use of tar and gravel roofs shall be discouraged.
e
6) Substantial areas of sloped roofs shall be encouraged.
7)
The use of colorful fabric awnings shall be encouraged.
8) A strong pedestrian environment shall be encouraged
along Amador Plaza Road.
9) Uses along San Ramon Road shall be encouraged to
increase their orientation toward that street and to
implement appropriate building and landscape
improvements.
F. IMPLEMENTATION AND FUNDING
1) Implementation of the Downtown Dublin Specific Plan
shall be considered a joint public and private sector
effort. The City shall re-evaluate the plan
implementation progress annually to determine whether
private sector participation and cooperation warrants
the continuation of projected public funding levels.
2) The City shall consider the establishment a city-wide
Business License Fee Program.
3)
The city shall establish a Traffic Monitoring Program
to periodically assess current and projected traffic
impacts and shall take appropriate actions to revise
the downtown or other area plans to maintain traffic
congestion at levels acceptable to the City.
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Major downtown projects, downtownprojectswhic~tdiffer
substantially ,from the Specific Plan Development''':.;:'.":;;,;!.:.
Standards and proj ects outside of the downtown ':'area ":: ", ,
which are of sufficient size to adversely;affectif>t'", ,;.
. ' . . . . ",' , _'1'.,-_1,_",':'
. downtown traff1c condit1ons' shall receive' special.:":, ,
scrutiny. The city staff may require thatspe'cial ,':.'
traffic studies be prepared by the developers, and the
city may require changes or mitigation measures for
those projects which create unacceptable traffic
impacts. '
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The City.shall work, closely with the BaY'Area'Rapid:
Transit District (B.A.R.T.) 'and the Livermore Amador
Valley Transit Authority,to coordinate plans and \ .
. improvements withir\ Downtown Dublin.' '
The City shall schedule' and "construct planned .street
improvements in a .timely manner to accommodate future
development phasing.' ' ,
,7) The City will work closely with the downtown property
owners, merchants, other busi~ess people and the Dublin
Chamber of Commerce in planning and implementing'
improvements and programs for the downtown a,rea.
6)
i. .-
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8) The City will encourage the establishment of a special
downtown promotional program.
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9)
The establishment of a Downtown Dublin Business
Association will be encouraged.
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3)
which will occur over the next ten to fifteen years to a
level below these development estimates. However, other
improvement~outside of the downtown area and other .
conditions could impact the functioning of the downtown
street network. The Dublin Boulevard/San Ramon Road
intersection will continue to be the most critical compo-'
nent of the system and should be evaluated periodically.
PEDESTRIAN CIRCULATION PLAN
Currently, pedestrian circulation among various portions
'of the downtown is difficult, hampered by major streets
. and the lack of previous development coordination between
adjacent projects. While Downtown DUblin, because of its
size and character, is unlikely to ever become a strong
pedestrian oriented area, at least a limited network
should be encouraged as shown on Diagram 5. This network
should be emphasized through the use of wider sidewalks,
substantial landscaping, special pedestrian lighting,
benches, and other pedestrian amenities. ' Elements of the
network are as follows:
a)
Amador Plaza Road
Pedestiianimprovement~ here are intended to support
the RDublin Restaurant RowR concept, encourage
future specialty retail uses along Amador Plaza Road
and connect the area to potential future hotel uses
south of Dublin Boulevard.
b)
Central Block
Improvements here should build upon the existing
pedestrian connection behind the Montgomery Ward and
Mervyn's stores. Major retail uses in the center of
the area will be tied more closely to restaurant,
retail and entertainment uses along Amador Plaza
Road in order to encourage a stronger relationship
between uses, encourage longer shopping visits to
'Downtown Dublin and promote a joint usage of parking
resources while reducing traffic congestion.
c) South Area
The new Circulation Plan road connecting Regional
Avenue and Amador Plaza Road will be designed to
include a strong landscaped pedestrian way along
its length.
d)
B.A.R.T. Connection
Improved pedestrian access between the future
potential B.A.R.T. (or other regional transit mode)
Station and the Central Block retail uses will be
encouraged.
19
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Pedestrian C .
1?UBLIN DO Irculation Plan
UBlIN, CAlIFO~~TOWN PLAN
20
Diagram 5,
e
TABLE B
DOWNTOWN PARKING REQUIREMENTS
Use
Current
Requirements*
Revised
Requirements*
1. Retail Store, Market
or Shop
. Varies from
1/100 to
1/300
'1/200
2. Wholesale store,
, furniture, appliance
autos
Varies: 1/600
under 5,000
plus 1/300
1/4 seats
1/500
3. Restaurant or bar
1/4 seats
4. Office, bank, clinic
1/250
1/250
5. Theatre
1/4 seats
1/4 seats
* Figures are in gross building square feet unless otherwise
specified
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Zone 8: Restaurant and Special tv Retail
Located between 1-680 and the proposed "Dublin Restaurant
Row" this zone will be encouraged over time to increase
its pedestrian orientation for restaurant, specialty
retail and entertainment uses. .
Zone 9: Amador Vallev Boulevard Commercial
Strategically situated in a good location relative to
traffic access within the downtown ,area, 'this zone will
be encouraged to intensify its development in the future.
A mix of uses with some two or three story structures is
desired. Design cohesiveness among portions of the area
will be strongly encouraged. Proposals providing direct
access to San Ramon Road will be considered.
Zone 10: Villaqe parkwav Mixed Use
Currently occupied by a wide mix of commercial uses, this
zone will continue to serve a variety of needs in the
future. Visual landscape and building design improve-
ments will be sought to compliment the City's substantial
investment in public improvements along Village Parkway.
Zone 11: Retail/Office
Located on two streets which serve the nearby residential
population, this area will continue as a mix of commer-
cial uses. Small scale resident-serving offices such as
medical or dental offices will be encouraged along with
retail uses oriented to the nearby residential areas.
Proposals which incorporate residential uses will be
considered.
3)
INTERIM USE ZONES
Four areas of Downtown Dublin have been identified as
Interim Use Zones. These are areas which will likely
remain in their current use for the foreseeable future
but for which substantial later change is possible.
Interim use standards will be developed for each zone to
allow current uses to continue and to encourage property
changes where appropriate to mitigate negative visual
impacts on adjacent properties.
Interim use Zone locations and general standard are
shown on Diagram 10.
Interim Use Zone A:
This area currently contains three warehouse structures
containing non-retail uses and a large vacant property.
The area is the potential location for a B.A.R.T. Park-
and-Ride facility initially and a later parking
30
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,5 )
ZONING ORDINANCE MODIFICATIONS
The Zoning Ordinance will be amended to allow properties
within Downtown Dublin to be designated as part of a
Downtown Overlay Zoning District.. to supplement' the
current zoning designations. Land uses, development
standards and interim uses will be as outlined in the
Development Standards for each Downtown Development Zone
and the supporting diagrams outlining special
requirements. The Zoning Ordinance and Map will be
changed to implement the purposes of the Downtown
Specific Plan.
To the extent that such changes are adopted as part of
the Specific Plan, they will be reviewed and approved as
part of the regular procedures for amendment of the
Zoning Ordinance.
Permits for new construction and other property
improvements will be subject to conformance with the
Specific Plan, and to the requirements of both the
underlying district and the overlay zone, or the more
restrictive of the two.
Where a subject is not addressed by the overlay zone, the
existing provisions of the Zoning Ordinance will remain
in effect.
6)
DEVELOPMENT STANDARDS
In order to tailor land uses and development
characteristics more closely to the goals and needs of
Downtown Dublin, special Development Standards will
govern future change w;thinthe downtown area. Table C
contains land use, development intensity, and building
height standards.
For the purposes of these standards, nService Commercialn
uses which are to be located on the ground floor of
structures are to be interpreted as businesses which are
compatible with and strongly supportive of the primary
downtown retail character. Uses which would be
substantially disruptive to retail continuity or which
are inappropriate to the goals and policies of this
Specific Plan will not be allowed.
The following standards shall apply to all areas of the
downtown: .
..
a) parking lots shall be screened by low walls and/or
landscaping from adjacent streets.
b)
Parking lots shall contain a minimum of 20% of
their surface area in l?ndscaping.
35
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STRONG PEDESTRIAN C
ENCOURAGED
IMPROVEMENTS TO INTERNAL CIRCULATION
AND PARKING LOT LANDSCAPING ENCOURAGED
. INTEGRATED PROJECT WITH PUBLIC FOCAL POINT
. ,
COMMERCIAL USES AND REGIONAL TRANSIT /!ARKING
D.ESIRED
Special Site Development Requirements
~lJ?h!~}a~~~TOWN PLAN . 0 200 ~ feel ~
NEW ROADWAY AND LANDSCAPED
PEDESTRIAN WAY REQUIRED
R-I
Diagram 12
37
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c)
Roof top equipment which can be seen from the
downtown area, adjacent freeways, off-ramps and
overpasses shall be screened from view.
In addition , the Specific Site Development Requirements
described on Diagram 12 will be applied to each affected
properties.
Development standards not identified in this Specific
Plan will generally be as required for C-l Districts
in the City of Dublin Zoning Ordinance. However, each~--.
new development .or property change will be subject to
Site Development Review as prescribed by Sections 8-
95.0 through 8-95.8 of the Dublin Zoning Ordinance
unless exempted from such review by the Planning
Director on the basis of being of minor impact.
Special review shall be given to those properties
adjoining residentially-zoned property and more
stringent site development and architectural design
requirements may be imposed to mitigate impacts upon
those residential properties. Where potential
mitigation measures to eliminate undesirable impacts
on adjacent residential properties are felt by the
City to be insufficient, additional landscaped
setbacks and lower height restrictions may be imposed.
CENTRAL BLOCK IMPROVEMENT PLAN
1) EXISTING CONDITIONS
Bounded by Dublin Boulevard, Amador Plaza Road, Amador
Valley Boulevard and Regional Street the Central Block
is the hub of downtown. Located within this
superblock are a number of separate properties and
large anchor stores which have established the retail
image of Dublin. The major buildings on the site are
grouped into two shopping centers facing opposite
directions. This arrangement has left a service
corridor running north and south through the center of
the block. The other uses within the block have been
pushed to the perimeter and separated from the retail
center by parking. These uses include the City's
Public Library, a service station, several
restaurants, and a movie theater complex.
The following existing conditions are noteworthy:
a) A poor circulation route links the stores and
parking in the Central Block
b) A surplus of parking resources exists
c)
Little or no concern has been shown for ped~strian
circulation and amenities
38 .
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3.
e
b)
parking reductions based upon the joint
utilization of parking spaces. Changes will occur
largely. in the areas where a reduction based upon
a compatible mix of uses can be demonstrated.
Parkinq Lot Landscapinq Standards
Many parking areas within the downtown area are
devoid of landscaping. Existing conditions include
paved parking areas contiguous with sidewalks
without any landscape buffering, parking lots which
have no relief from the hot summer sun and unsightly
parking areas which are visually inferior to newer
shopping areas which are competitive with Downtown
Dublin. To remedy this situation the city will
establish a minimum standard of twenty percent of
the total parking lot area to be reserved for
landscape ammenities. In addition standards
establishing landscaped setbacks adjacent to public
rights-of-way and acceptable planting materials will
be established. Adequate landscape plans will be
necessary for project approval~.
Parkinq Areas Infill Proqram
c)
In some areas of Downtown Dublin, the existing
parking supply far exceeds actual needs by virtue of
excessive past parking standards or a complementary
mix of uses. In such cases the City will consider
allowing property owners to construct additional
building area without increasing the parking supply.
Applications for such permits, however, must include
a thorough analysis of existing and projected future
conditions and a comparison with the revised City
Parking Standards. , The City, in reviewing such a
request, will consider the relative permanency of
land uses and the likelihood of future changes which
might affect the parking supply adequacy. Any
approvals for development infill without additional
parking shall be contingent upon improved parking
lot landscaping to increase the visual quality of
the development.
LAND USE STRATEGIES
Today, Downtown Dublin is a mix of land uses with a
preponderance of regional commercial stores and service
facilities although some warehousing and light
industrial uses have persisted from earlier county
zoning. The area is especially unique by virtue of a
development pattern which can be characterized as a
series of independent shopping centers and large
regional retail magnets often designed with little
62
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..
fencing, increase landscaping and generally
improve their properties' orientation to San
Ramon Road.
6.
RESTAURANT ROW STRATEGIES
The Dublin Restaurant Row concept has been developed to
build upon an existing positive trend, improve the
image of Downtown Dublin, enhance Downtown Dublin as a
special destination and encourage a greater mix of
downtown uses. It is a concept which relies upon
property owner interest and upon the City's strength in
encouraging development compatible with the concept.
To be successful, the properties along Amador Plaza
Road must provide a high quality pedestrian-oriented
environment with restaurants and compatible retail
uses. Realization of the concept is likely to be long
term and implementation strategies are intended to
reflect a phased approach.
Major steps in implementing a Dublin Restaurant Row are
as follows:
a)
Property Owner Involvement
The City will contact all affected property owners
with an explanation of the concept and general
diagrams outlining the potential of the area,
organize a meeting of all existing restaurant
owners/managers along Re~taurant Row to further
discuss the ideas, suggest cooperative promotions
and urge the establishment .of a "Dublin Restaurant
Row Association" to include all property owners
along Amador Plaza Road. Immediate promotion of
the area as "Dublin's Restaurant Row" will be
encouraged.
b)
Public Improvement Plans
The City will prepare schematic level plans, cost
estimates and phasing alternatives for public
improvements along Amador Plaza Road to enhance
the visual quality of the area and increase its
pedestrian amenity level.
c)
Development Incentives
The City will meet with representatives of the
owners of properties along Amador Plaza Road where
current parking provisions are substantially in
excess of demonstrated need. Potentials for the
development of new restaurants fronting on Amador
68
"
,. ;~, ';:.... :.--;:>.~l"~',~;~,_~..~I':;.,.'.'.?l:,..!.<.>. , ~ -, ,It.:,.. ' . . .
, --;, '. ': :__", ;'~". c ..~-~"':?~:~\1':.~:.,~,~i:-;1i\~t:?'-- :_-~,>-
'j)'..:~J11~\ij'~~~i~~~f~1:':':;<
with downtown owner s.and . 'me'rciia~ts';';~if(~Th~%:?:Q~:';: '
,Association will be'..'respo,psible::'.t'o/th.;';City.,i;"'i~ .
:,'tfor:~heperformance of the program,:andf'the><Y""
.~ :City will maintain approval rights;'ove'r' the '
. budgets, for program funds allocated/to ':the;,<':,
'. , ,Association for programactiviti,es. U",-k ,:-?:):,'('
, -" ,-." . . , ,'_ _ I'_..~ . .'.L2\~:~f'~'-~:tl?_,t:..:.;~;~~_:~~_..,.(;-:>-,.
,Parkinq Lot' LandscapinqProq'ram ',i';if;' ~!:';'
. 'c'~' ;.:,.".r"("~ ;1~
, " . _.0' , ',.,"";',. "1 .
A view of Downtown ,Dublin from the <air\reveals
vast amounts ,of paved parking lots with little 'or'
;no landscaping. .to, "provide "shade or visual' relief.
',In many~cases,no'landscaping buffers ,exist between
, parking.lots and, adjacent CitY,sidewalks'. ,., ,To,
,j:oimprovethe visual'" environment of ,',the.:doWntown
,\;' area as' a' means to remain '''competitive'with newer
',:'shopping ,areas with a .muchbigherle'/el:of visual
.' attractiveness ,and shopperiamenities"j,the ,City
will 'consider .,the limplementationof:'a'limited
. length program to "encourage' and financially ,
participate in the improvement of inadequately ,
'landscaped parking areas.'.Elementsfof'the program
could be' as follows:"',:' '
, ,
I ':~ _.
'~ ':~ ~ ' .
" '
, ,
, .
, '
1)' The City will conduct ,asurvey'to'determine
those areas which are substandard with
respect to their parking lot l~ndscaping.
. ~ . '.: t ' ,. -,' l
The City will determine the extent of their
financial commitment to the program and
establish a program time limit. Program
options include the provision'''of plant,
materials by the City in return for the
owners funding of construction expenses,
,a matching grant program up to specified
limits, a low":cost loan program or other
activities deemed suitable by the City.
....e
2)
"
3) The City will inform all downtown property
owners of the program and will directly
contact property owners with significant
parking lot landscaping deficiencies to
discuss the owners' interests in
participating in a mutual improvement
program. Where interest exists, agreements
may be signed and improvements implemented.
d) Siqninq and Graphics Improvement Proqram
The appearance of signing in a downtown commercial
area is a major determinant of the way the entire
area is perceived by shoppers and residents.
Competitive pressures often result in signs and
~ building graphics which are detrimental not only
~t'" to the area as a whole but often to th~~individual
.~>, , ,;,,-~...:;;:,J',' i. ';', ~~. ',~', ..: . ':'': "',' ',' :' ':,>.~,' ,,':"::'::.~~Fj~\!)!~},~~:>~:)~,/:'.>,
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"t io' .. '\ 't;_ >'d..;{'~ . -<'to Jl'c.,,,~. ~'~'.'!l'-.. ".'" ..... ;~..,(..~.'\;..,''t "" . 't_' -'.. ~'. I , \' "\,~J~,\. '.~'.. .~~.~.. ,'M"Il;"
:r _.:1 \,Cl~ ~ '€"o;.... . !('~/',~:::~."-.'t:.: ....1.""\.,,.. ...,~." .'joo1...~.,.,..,"\ ',:...7,. ,,' '~~,~,'~'...:!'"".ri"""_ "\.{...-.f.J;.~;~
.-"U~'''''''':IW'~f''~',:~ :, .....:
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Developm~nt' Services
P,Q. Box 2340
Dublin, CA 94568
~,-----
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CITY OF DUBLIN ,":'::,'~ ..'-':''1'; 0, ,.,.., .
, ' ~: ..., .', '..: ):~: ;,. ;?:Pia"rini~gizoning 829-4916
! ,.,",;,;.',:, ;', -:,::~,'(>:',,:~~'LB 'ld' & S f ty 8290822
':'.1 ::-~t~~':--':;:,,:'" ::~.~<-,-~r,~'I.".''t'~l,i:::~\' UI_ lng a e -
, "'; '~~.;:';',.:'{<; Engineering/Public' Works . 829-4927
" . \._...,.... "-i,,~. .' ~
6 '1987 '1...>~~,'" 'C:; ;"- ',..., ..',.
August ,.. ;",y,' ',""" .,. ,<"';';", .r' , '0',.
~. ,..):; %.:'/::,:',J;~::'!":/"'~;'~':':: ;;, ~'~~>~'>'.~:;.;'
.-
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Mr. John T. Hess
First Western Properties of California
3470 Mt. Diablo Boulevard, A-150 -
Lafayette, CA 94549
Dear Mr. Hess:
As indicated during our July 30th meeting, Staff is forwarding to you portions
of the Dublin Downtown Specific Plan, as it applies to your proposal. A
response from you (either in writing, by revising the plans, or both) is
necessary in order to determine how your project addresses the policies set
forth in the Specific Plan.
With respect to the Specific Plan, please address the following:
1. Your project should serve to facilitate better internal circulation within
the Specific Plan boundaries for vehicles and pedestrians ',- (refer to pages
5. 7, 8, 12, 19. 20, 30, 61, 62 and 72 of the Specific Plan). At this
time those improvements are not included in your plans. What types of
circulation improvements and amenities will be included 'in your proposal?
This should be shown in the revised plans.
2. Landscaping within parking lots along the sidewalks, around buildings and
around the edges of the property are emphasized as necessary improvements
(refer to pages 6, 7, 8, 12, 61). What landscape improvements will you
include on both your proposed 15,000 square foot site, as well as on the
larger Circuit City site? This should be shown in the revised plans.
3, Pedestrian amenities such as plazas. benches and attractive lighting are
emphasized throughout the plan (refer to pages 6, 8, 12, 19. 61). What
on-site pedestrian amenities will be proposed in conjunction with your
project? This should be shown in the revised plans.
4. The Specific Plan calls for a number of special desiin features that have
not been shown in your proposal. The elevations should be revised to
include sloped roofs, colorful fabric anwnings, and elements that create
an attractive, well-defined pedestrian entrance and circulation system
(refer to pages 3, 5, 12. 35, 61). Other Staff-raised design concerns
include: There is lack of delineation inrthe shape of the building, It's
rectangular mass should be broken up by utilizing varying wall shapes,
depths and heights along with varX;ng roof line heights; the concrete
tilt-up construction is sterile and severely lacking in attractive design
elements on all sides of the building. The method in which these items
are addressed should be shown in revised plans.
.~~ 17 ~ r..... H,. M ENT S
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Mr. John T. Hess
August 6, 1987
Page 2
5. Screening of parking areas with low walls is encouraged in the Specific
Plan (refer to page 35). This should be addressed on the larger site and
shown in the revised plans. ~5'b
6. There is a maximum floor area ratio of 30%t;or Area 8 of the Specific Plan
(refer to page 36). You are proposing a~; F.A.R. A larger parcel area
may be needed. A Planned Development (PD) Rezoning process is available
for considering the proposed FAR.
In another related issue, Staff has made it clear that the proposed sub-
division is problematic because it would create a land-locked parcel as well
as allow a development without the required on-site parking. The lack of
street frontage could create problems regarding inadequate freestanding
signage and access. It also reduces the City's ability to promote orderly
development due to the fact that it involves multiple property owner
cooperation to make it work.
Staff indicated that a subdivision of this nature might be considered if a
reciprocal easement agreement or similar legal document is drawn up naming the
City as the party having the right to revise the agreement in the event that
the easement provisions prove harmful to public interest. A review of the
reciprocal easement document you submitted to Staff indicates that it does not
contain this clause. In addition, the sample agreements submitted to Staff by
Gerald Barrow of TransAmerica Title Insurance Company on your behalf do not
contain a clause of this nature. It is your responsibility to make certain
that Staff is provided with an easement agreement that names the City of
Dublin as the party having the right to revise it at any time when deemed
necessary.
Once Staff has received a response to all of the items mentioned in this
letter, we will proceed with processing your application. Please feel free to
call if there are any questions (415-829-4916).
Sincerel
~J
Rod Barger
Senior Planner
RB/ao
cc: File PA 87-096
Enclosures
Co