HomeMy WebLinkAbout8.2 Attmt 1 Reso CC Adopt Ord Appv Amndmt to PDRESOLUTION NO. 09-XX
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING THE
PLANNED DEVELOPMENT DISTRICT OF DUBLIN RANCH AREA C SPECIFICALLY FOR THE
PROJECT KNOWN AS FALLON GATEWAY COMMERCIAL CENTER LOCATED AT THE
SOUTHWEST CORNER OF DUBLIN BOULEVARD AND
FALLON ROAD IN AREA C OF DUBL]:N RANCH
(APN 985-0027-009-03)
PA 08-034
WHEREAS, the Applicant, Jaynes Tong, on behalf of Stanforth Holdings Company LLC, submitted an
application for a Planned Development Rezone of the General Commercial portion of Area C Planned
Development and a Site Development Review for a 379,053 square foot retail commercial center (Fallon
Gateway) located on the 33.91 net acre project site; and
WHEREAS, the project area boundaries are Dublin Boulevard to the north, Interstate 580 to the south,
a vacant piece of property approved for Campus Office to the west and Mallon Road to the east; and
WHEREAS, on December 2, 1997, the City Council approved a Rezone for the approximately 452.6
acres known as the Dublin Ranch Areas B, C, D and E to a Planned Development Zoning District Ordinance
No. 24-97; and
WHEREAS, the Draft amended General Commercial portion of Area C Planned Development is
attached as Exhibit A and incorporated herein by reference; and
WHEREAS, a Staff Report, dated April 28, 2009 and incorporated herein by reference, described and
analyzed the proposed amendment to the Area C Planned Development Zoning District; and
WHEREAS, the California Environmental Quality Act (CEQA), together with State guidelines and City
environmental regulations require that certain projects be reviewed for environmental impacts and that
environmental documents be prepared; and
WHEREAS, the project is located within the Eastern Dublin Specific Plan area, which was the subject
of an Environmental Impact Report (EIR) for the General Plan Amendment and Eastern Dublin Specific Plan
(SCH # 91103064), certified by City Council Resolution 51-93 on May 10, 1993, with two addenda approved
on May 4, 1993 and August 22, 1994. In 1997, a Negative Declaration for the Planned Development Rezoning
of Dublin Ranch Areas B-E, which includes the Fallon Gateway site, was approved by Resolution No. 140-97
of the City Council. After completion of an Initial Study, it was determined that the rezoning would not have
significant environmental impacts which were not already adequately described and analyzed in the Program
EIR. No further environmental review is needed for the Fallon Gateway project because the environmental
impacts of this project were fully addressed and within the scope of the final EIR for the Eastern Dublin
General Plan Amendment, Specific Plan and subsequent Addenda and the 1997 Negative Declaration and the
project has been conditioned to comply with all mitigation measures adapted therein; and
ATTACHMENT 1
WHEREAS, the Planning Commission reviewed the Staff Report at a noticed public hearing on April
28, 2009, at which time all interested parties had the opportunity to be h.-ard.
WHEREAS, the Planning Commission did use its independent judgment and considered all said
reports, recommendations, and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Dublin does
hereby make the following findings and determinations regarding said amendment to the General Commercial
portion of Area C of Dublin Ranch Planned Development Zoning:
A. The proposed amendment will be harmonious and compatible with existing and potential development
in surrounding areas because: 1) the land uses and site plan establish a commercial development (retail
shopping center); 2) the proposed project is consistent with the pastern Dublin Specific Plan and the PD
District of Dublin Ranch Areas B- E; 3) the project site includes attractive landscaping and site elements
including a location for public art, light fixtures, benches, plazas, and pedestrian paths to create an
attractive landscape palette and material palette for the shopping center; and 4) the Planned
Development amendment includes design guidelines to creat'; an attractive shopping center that is
compatible with the surrounding; area.
B. The subject site is physically suitable for the type and intensity of the zoning district being proposed
because: 1) the project site will have a Floor Area Ratio (FAR) up to .35 which is consistent with the
FAR established in the Rezoning of Dublin Ranch Areas B through E and the Eastern Dublin Specific
Plan; 2) the proposed project will include retail and office uses which is consistent with the land use
designations of General Commercial land use; 3) as amended, the Planned Development for the General
Commercial portion of Area C will permit a maximum of 516,592 square feet of retail floor area which
will maintain a FAR up to .35 and will therefore be consisten. with the PD District of Dublin Ranch
Areas B-E; and 4) the amended zoning for the Fallon Gateway project has been designed to
accommodate the topography of the Project site which typically is characterized as vacant, flat land
suitable for the development of a shopping center and therefore physically suitable for the type and
intensity of the proposed amendment to Dublin Ranch Area C.
C. The proposed project will not adversely affect the health or safety of persons residing or working in the
vicinity, or be detrimental to the public health, safety, and welfare because: 1) the Project will comply
with all applicable development regulations and standards and will implement all adopted mitigation
measures.
D. The proposed amendment to the Area C Planned Development, originally approved by Ordinance 24-97
and amended as shown in Exhibit A attached, is consistent with the Dublin General Plan and the Eastern
Dublin Specific Plan because: 1) the proposed amendments to the use list are compatible with the
permitted, conditional and temporary uses established under the zoning ordinance; 2) the proposed
amendments to the list of permitted, conditional and temporary uses are consistent with the land use
designations of the General Plan, the Eastern Dublin Specific Plan and the Fallon Gateway subarea,
which envisions a mix of regional and community serving retail on the project site; 3) the proposed
amendment is compatible with the intent of the Eastern Dubli:i Specific Plan for the Fallon Gateway
subarea and the PD District of Dublin Ranch Areas B - E; and 4) the amended PD for Area C includes
design guidelines to create a cohesive and attractive shopping center which is compatible with
development in the neighborhood.
2
E. The Planned Development amendment for the PD District known as Dublin Ranch Area C, and
specifically for the Fallon Gateway project (PA 08-034) meets the purpose and intent of Chapter 8.32 of
the City of Dublin Zoning Ordinance because: 1) the project provides a comprehensive development
plan that is tailored to the commercial land uses proposed on the Project site and creates a desirable use
of land that is sensitive to surrounding land uses by virtue of the layout and design, which is in close
proximity to Dublin Boulevard and the I-580 freeway; and 2) the amended PD for Area C includes
design and landscape criteria to create an attractive shopping; center which is compatible with the
surrounding developments.
F. The proposed amendment will be harmonious and compatible with existing and potential development
in surrounding areas because: 1) the proposed development is ccnsistent with the approved development
for this property as approved under the rezoning of Dublin Ranch Areas B through E as referenced in
Ordinance 24-97; 2) the proposed development is consistent with the type of development, regional
serving retail, as envisioned in the Eastern Dublin Specific Plan; 3) storage areas, mechanical equipment
and loading areas are focused away from the center of the shopping center and the main streets and
have been screened from view to create an attractive environment; and 4) the layout of the shopping
center has been designed with respect to adjacent properties.
BE IT FURTHER RESOLVED that the Dublin Planning Commission recommends that the City
Council adopt the attached ordinance amending the General Commercial site of Area C consisting of 33.91 net
acres of property at the southwest corner of Dublin Boulevard and Fallon Road to establish architectural and
landscape design criteria, specific parking standards and the permitti;d and conditional uses for the Fallon
Gateway retail center (PA 08-034), based on findings that the amendment to the PD zoning and project as a
whole is consistent with the General Plan and the Eastern Dublin Specific Plan, is consistent with the purpose
and intent of the Planned Development zoning district, and that development of Fallon Gateway retail center
project will be harmonious and compatible with existing and future development in the surrounding area.
PASSED, APPROVED, AND ADOPTED this 28th day of Apr 12009 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chair
ATTEST:
Planning Manager
G: IPAM20081PA 08-034 Fallon Gateway (Target) Oannirg Commission 4.28.091PCResoPD0rd-redline.D9C
1223531.1
3
ORDINANCE NO. XX - 09
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AMENDMENT TO THE PLANNED DE17ELOPMENT DISTRICT OF
DUBLIN RANCH AREA C SPECIFICALLY FOR THE PROJECT KNOWN AS FALLON
GATEWAY COMMERCIAL CENTER LOCATED AT THE SOUTHWEST CORNER OF
DUBLIN BOULEVARD AND FALLON ROAD IN ARE. C OF DUBLIN RANCH
(APN 985-0027-009-03)
PA 08-034
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. RECITALS
A. By Ordinance No. 24-97, the City Council rezoned the approximately 452.6 acres known
as the Dublin Ranch Areas B, C, D and E to a Planned Developmenr. (PD) Zoning District, which allows
for commercial land uses at the Fallon Gateway project site (PA )8-034), which is a part of the PD
District known as Dublin Ranch Areas B, C, D and E (PA 96-039).
B. This Ordinance amends the Planned Development Zoning to establish architectural and
landscape design criteria, specific parking standards and the permitted and conditional uses for the Fallon
Gateway project site (PA 08-034), which is a part of the PD District known as Dublin Ranch Areas B, C,
D and E (PA 96-039).
Section 2. FINDINGS AND DETERMINATIONS
A. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as follows:
1. The Planned Development amendment for the PD District known as Dublin Ranch Area C,
specifically for the Fallon Gateway project (PA 08-034) me: is the purpose and intent of Chapter
8.32 in that it provides a comprehensive development plan that is tailored to the commercial land
uses proposed on the Project site and creates a desirable use of land that is sensitive to
surrounding land uses by virtue of the layout and design, which is in close proximity to Dublin
Boulevard and the I-580 freeway.
2. The proposed amendment will be harmonious and compatible with existing and potential
development in surrounding areas because: 1) the proposed development is consistent with the
approved development for this property as approved under the rezoning of Dublin Ranch Areas
B through E; and 2) the proposed development is consistent with the type of development,
regional serving retail, as envisioned in the Eastern Dublin Specific Plan.
B. Pursuant to Section 8.120.050.A and B of the Dublin Municipal Code, the City Council finds as
follows:
1. The proposed PD amendment for Area C, specifically for Fallon Gateway project will be
harmonious and compatible with existing and potential development in the surrounding area in
Page 1 of 10 EXHIBIT A TO
ATTACHMENT 1
that: 1) the land uses and site plan establish a commercial development (retail shopping
center); 2) the proposed project is consistent with the East-.rn Dublin Specific Plan and the PD
District of Dublin Ranch Areas B- E; 3) the project site includes attractive landscaping and site
elements including a location for public art, light fixtures, benches, plazas and pedestrian paths
to create an attractive landscape palette and material palette for the shopping center; and 4) the
Planned Development amendment includes design guidelines to create an attractive shopping
center which is compatible with the surrounding developments.
2. The project site is physically suitable for the type and intensity of the zoning district being
proposed because 1) the project site will permit a Floor Area Ratio (FAR) of up to .35 which is
consistent with the FAR established in the Rezoning of Dublin Ranch Areas B through E and
the Eastern Dublin Specific Plan; 2) the proposed project will include retail and office uses
which is consistent with the land use designations of General Commercial land use; and 3) as
amended, the Planned Development rezone will permit a maximum of 516,992 square feet of
retail floor area which will maintain a FAR of up to .35 and will therefore be consistent with
the PD District of Dublin Ranch Areas B-E; 4) the amended zoning for the Fallon Gateway
project has been designed to accommodate the topography of the Project site which typically is
characterized as vacant, flat land suitable for the development of a shopping center and
therefore physically suitable for the type and intensity of the proposed amendment to Dublin
Ranch Area C.
3. The amendment to the PI) District of Dublin Ranch Area C will not adversely affect the health
or safety of persons residing or working in the vicinity or be detrimental to the public health,
safety and welfare because the Project will comply with all applicable development regulations
and standards and will implement all adopted mitigation measures.
4. The proposed amendment to Area C Planned Development as originally approved by
Ordinance 24-97 and as amended as shown in Exhibit A attached is consistent with the Dublin
General Plan and the Eastern Dublin Specific Plan because: 1) the proposed amendments to
the use list are compatible with the permitted, conditional and temporary uses established
under the zoning ordinance; 2) the proposed amendments to the list of permitted, conditional
and temporary uses are consistent with the land use designations of the General Plan, the
Eastern Dublin Specific Plan and the Fallon Gateway subarea which envisions a mix of
regional and community serving retail on the project site; 3) the proposed amendment is
compatible with the intent of the Eastern Dublin Specific Plan for the Fallon Gateway subarea
and the PD District of Dublin Ranch Areas B - E; and 4) the amended PD for Area C includes
design guidelines to create a cohesive and attractive shopping center which is compatible with
development in the neighborhood.
C. Pursuant to the California Environmental Quality Act, the City Council finds as follows:
1. The project is located within the Eastern Dublin Specific Plan area, which was the subject of
an Environmental Impact Report (EIR) for the General Plan Amendment and Eastern Dublin
Specific Plan (SCH # 91103064), certified by City Council Resolution 51-93 on May 10,
1993, with two addenda approved on May 4, 1993 and August 22, 1994. In 1997, a Negative
Declaration for the Planned Development Rezoning o 7 Dublin Ranch Areas B-E, which
includes the Fallon Gateway site, was approved by Resolution No. 140-97 of the City Council.
After completion of an Initial Study, it was determined that the rezoning would not have
significant environmental impacts.which were not already adequately described and analyzed
in the Program EIR. No further environmental review is needed for the Fallon Gateway project
Page 2 of 10
because the environmental impacts of this project were fully addressed and within the scope of
the final EIR for the Eastern Dublin General Plan Amendment, Specific Plan and subsequent
Addenda and the 1997 Negative Declaration and the project has been conditioned to comply
with all mitigation measures adopted therein.
Section 3. Map of the Property.
Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code, the Rezoning of Area C applies to
the following property ("the Property'):
38.43± gross acres for PA 08-034 (APN 985-0027-009-03) at the southwest corner of Dublin
Boulevard and Fallon Road and bordered by Dublin Boulevard, Fallon Road and Interstate 580 in
Area C of Dublin Ranch.
It is anticipated that a parcel map will be submitted and that the project site will be further
subdivided.
A vicinity map showing the proposed rezone is shown below:
Section 4. APPROVAL
A. The Planned Development District is hereby amended for the General Commercial portion of
Area C to establish the following uses:
PD - General Commercial
For any uses not contained within the list herein, refer to Chapter 8.12 of the Dublin Zoning Ordinance.
The subject property has an underlying zoning of C-2 (General Commercial).
Permitted Uses:
a. Community and local serving retail uses including, but not limited to:
1. General Merchandise Store
2. Discount Warehouse Retail Store
3. Clothing/Fashion Store
Page 3 of 10
4. Shoe Store
5. Home Furnishing Store
6. Office Supply Store
7. Home Appliance/Electronics Store
8. Home Improvement/Hardware Store
9. Music Store
10. Hobby/Special Interest Store
11. Gift Shop
12. Jewelry
13. Drug Store
14. Toy Store
15. Pet Supplies Store
16. Book Store
17. Sporting Goods Store
18. Grocery/Food Store, including Specialty Foods such as meat, candy, health, etc
19. Video Rental
20. Home Furnishings
21. Art Gallery/Supply Store
22. Florist
23. Liquor/Wine Store
24. Party Supplies
25. Picture Framing
26. Specialty Goods such as cooking supplies, housewares, fir. en, window coverings, etc
27. Cosmetic Store
28. Permanent Kiosks, Newspaper/Magazine Stands and other similar outdoor retail sales
associated or not associated with an existing business
b. Regionally-oriented, high volume, retail uses including, but not limited to:
1. Discount Centers
2. Promotional Centers
3. Home Improvement Centers
4. Factory Stores
5. Furniture Outlets
c. Services establishments including, but not limited to:
1. Bank/Savings and Loan/Financial Services
2. Travel Agent
3. Hair/Beauty Salon/Spa
4. Cleaner and Dryer/Dry Cleaning, no dry cleaning plant on premises
5. Athletic Club
6. Formal Wear/Rental
7. Copying and Printing
8. Indoor Recreational Facility such as yoga, aerobics, martial arts, dance, etc
d. Hotels and Motels;
e. Eating and Drinking Establishments, including, but not limited to:
1. Restaurant, full-service/s it down
2. Restaurant, quick-service/high turnover
3. Micro-Brewery
Page 4 of 10
4. Bar/Cocktail Lounge/Wine Bar
5. Specialty Eating and Drinking Establishments - sit down or take away, with no table service,
including such uses as a coffee house, delicatessen, bakery, ice cream shop, smoothie shop,
sandwich shop, or other uses determined as to be similar. These uses typically have a retail
component to the business and are permitted throughout the project in any location.
6. Outdoor Dining Areas (supplemental to an existing indoor restaurant). Outdoor Dining Area is
defined as a controlled outdoor dining space (not enclosed in a building, but enclosed with a
fence or barrier), which is supplemental to an indoor restaurant and dedicated to the use of a
single tenant or tenants.
7. Undesignated Outdoor Seating (located in common public areas usable for both informal
seating and dining not dedicated to a specific tenant).
Conditional Uses, including, but not limited to:
a. Animal Hospital, Veterinarian
b. Public and semi-public facilities;
c. Community Facility;
d. Service Station, (No Repair Facilities Allowed - Not to be located at the corner of Fallon Road
and Dublin Boulevard)
e. Out-patient health facilities as licensed by the State Department of Health Services;
f. Nightclub/Dance floor
g. Indoor movie theater
h. Video Arcade
i. Daycare Center
j. Temporary Kiosks, Newspaper/Magazine Stands and other outdoor retail sales associated or
not associated with an existing business
k. Other uses that could possibly meet the intent of the General Commercial land use designation
1. Stand-alone Outdoor Drinking/Dining Area (not associat--d with a restaurant). Stand-alone
Outdoor Drinking/Dining Area is defined as a tenant and/or use that is stand-alone (not
supplemental to an indoor restaurant) and where all or a mejority of the seating space is outside.
Examples include a wine or liquor bar.
in. Massage Establishments
n. Drive-through Facilities
Temporary Uses, including, but not limited to:
a. Arts and Crafts Fair
b. Christmas Tree and other seasonal Sales
c. Farmer's Market
d. Festival/Street Fair
e. Sidewalk Sales
£ Parking Lot Sales
g. Construction Trailer
C. The Planned Development District is hereby amended for the General Commercial portion of
Area C to establish the following parking standards:
Parking Spaces Required: 1,291 -)ased upon 379,053 square feet of
development.
The member of required parking spaces
Page 5of10
will increase if the proposed total square
footage for the commercial center
increases.
Retail
• General Retail 1 space per 300 square feet
• Furniture/Large Appliances/Flooring 1 space per 400 square feet
Eating & Drinking Establishments
• Full Service/Sit Down Restaurant 1 spac-- per 100 square feet of floor area
that iE accessible to customers plus 1
space per 200 square feet of floor area not
access: ble to customers (i.e., kitchen,
storage areas, coolers)
1 space; per 100 square feet
• Quick Service/High Turnover Restaurant
• Specialty Eating & Drinking Establishment
(including such food uses as sit down or take 1 span, per 300 square feet
away with no table service, including a coffee
house, delicatessen, bakery, ice cream shop,
smoothie shop or others determined to be
similar)
• Outdoor Dining Area (controlled space; 1 spat: per 200 square feet
supplemental and dedicated to an indoor
restaurant)
• Stand-Alone Outdoor Drinking/Dining Area 1 space per 100 square feet
(not supplemental to an indoor restaurant)
• Restaurant with Drive-Thru Facilities 1 spat,- per 100 square feet
Office 1 spat- per 300 square feet
Bank or Financial Services 1 spac,- per 250 square feet
Notes:
• If an office use (not incidental to a retail or restaurant use) or a financial service use is
established in the Project, additional parking shall be provided at the rates noted above.
• Any undesignated outdoor seating located in common public areas usable for informal
seating or dining and not dedicated to any specific tenant is not required to provide
additional parking.
• Small retail kiosks, newspaper/magazine stands and outdoor vendor sales (involving
products associated or not associated with an existin€, business) located in the project's
common areas are not required to provide additional parking.
• Any outdoor seating/dining area associated with a single grocery tenant in the project is not
required to provide additional parking.
• If any other permitted uses are established that have different parking requirements per
Page 6 of 10
Chapter 8.76 of the Dublin Zoning Ordinance, parking spaces shall be provided accordingly.
B. The Planned Development District is hereby amended for the General Commercial portion of
Area C to establish the following architectural standards:
1. The architectural design of the Fallon Gateway project s to shall reflect the
following standards as illustrated in the representative architectural features.
2. The project shall provide a gateway statement at each corner at the intersection of
Dublin Boulevard and Fallon Road which incorporates Loth architectural and
landscape elements.
3. The architectural design of the Project shall be iconic ani present an identifiable and
visually significant entry to the City and Dublin Ranch.
4. The architectural design character of Fallon Gateway presented with the first phase
shall be carried into subsequent phases of the project to maintain consistency by
utilizing a variety of materials, colors and texture to provide visual interest without
creating a chaotic appearance.
5. Smaller retail buildings shall have a similar level of material and design quality on
all four sides of the structures. Large plate retail buildings shall carry over varied
material and color patterns where visible to major thoroughfares.
6. The project site shall integrate multi-functional outdoor spaces for customers to
gather and socialize. Such spaces shall have landscaping, seating and other features
to provide amenities.
7. Design concepts shall reflect the general overall character and design themes of
Dublin Ranch such as warm colors, natural and rustic materials and design
elements.
8. The project shall include pedestrian routes linking he different retail clusters
together.
9. The project shall provide varied building and roofline missing and articulation to
create human scale and interest.
10. The building bases shall be of durable materials or protezted by furniture, planters,
raised curbs, etc. to prevent damage by shopping carts.
11. The loading docks facing I-580 and public though fares Shall have screening to limit
the impacts of negative views.
12. The parking lots shall provide a sufficient number of trey; planting wells to provide
shade uniformly and reduce heat island effect.
Page 7 of 10
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Section 5. EFFECTIVE DATE AND POSTING OF ORDINANCE
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Page 9 of 10
This Ordinance shall take effect and be in force thirty (30) days from and after the date of its
passage. The City Clerk of the City of Dublin shall cause the Ordinance to be posted in at least three (3)
public places in the City of Dublin in accordance with Section 36933 of the Government Code of the
State of California.
PASSED, APPROVED AND ADOPTED BY the City Coun: it of the City of Dublin, on this 19th
day of May 2009 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
G: IPA912008WA 08-034 Fallon Gateway (Target)Wlaming Commission 4.28.W000rdinancePD-red1ne.DOC
1223533.1
Page 10 of 10