HomeMy WebLinkAboutOrd 09-09 Fallon Gateway PDORDINANCE N0.9-09
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AMENDMENT TO THE PLANNED DEVELOPMENT DISTRICT OF
DUBLIN RANCH AREA C SPECIFICALLY FOR THE PROJECT KNOWN AS FALCON
GATEWAY COMMERCIAL CENTER LOCATED AT THE SOUTHWEST CORNER OF
DUBLIN BOULEVARD AND FALCON ROAD IN AREA 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 Development (PD) Zoning District, which allows
for commercial land uses at 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).
B. This Ordinance amends the Planned Development Zoning to establish architectural and
landscape design criteria, specific parking standards and the permitted, conditional and temporary 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) meets 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 land uses and site plan establish a commercial
development (retail shopping center); 2) the proposed project is consistent with the Eastern
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.
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B. Pursuant to Section 8.120.OSO.A and B of the Dublin Municipal Code, the City Council finds as
follows:
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
because: 1) the land uses and site plan establish a commercial development (retail shopping
center); 2) the proposed project is consistent with the Eastern 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 and the Eastern Dublin Specific Plan; 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.
3. The amendment to the PD 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 by this Ordinance, 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, 1994 and August 22, 1994. In 1997, a Negative
Declaration for the Planned Development Rezoning of Dublin Ranch Areas B-E, which
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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 adopted therein.
Section 3. Approval of PD zoning amendment.
Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code, the PD zoning is amended for 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.
A map showing the project area subject to the Planned Development Amendment is shown below:
Section 4. Approval of PD zoning text amendment.
A. The General Provisions, Land Uses, of the Planned Development District (see Ordinance 24-
97, Resolution 141-97) is hereby amended for the Property to refine the permitted and other
uses.
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PD -General Commercial
1. 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
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, linen, 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. HairBeauty 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
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d. Hotels and Motels
e. Eating and Drinking Establishments, including, but not limited to:
1. Restaurant, full-service/sit down
2. Restaurant, quick-service/high turnover
3. Micro-Brewery
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).
2. 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 associated 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 majority of the seating space is outside.
Examples include a wine or liquor bar.
m. 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
f. Parking Lot Sales
g. Construction Trailer
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4. Uses not listed. If a proposed use of land is not specifically included above, the use shall not be
allowed unless the Community Development Director makes a determination otherwise in accordance
with the procedures in Chapter 8.04.060.C of the Dublin zoning ordinance.
B. The Planned Development District (see Ordinance 24-97, Resolution 141-97) is hereby
amended for the Property to establish the following parking standards:
Parking Spaces Required: 1,291 based upon 379,053 square feet of
development.
The number of required parking spaces
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 space per 100 square feet of floor area
that is accessible to customers plus 1
space per 200 square feet of floor area not
accessible to customers (i.e., kitchen,
storage areas, coolers)
• Quick Service/High Turnover Restaurant 1 space per 100 square feet
• Specialty Eating & Drinking Establishment
(including such food uses as sit down or take 1 space 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 space 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 space per 100 square feet
Office 1 space per 300 square feet
Bank or Financial Services 1 space 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.
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• 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 existing 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
Chapter 8.76 of the Dublin Zoning Ordinance, parking spaces shall be provided accordingly.
C. The Planned Development District (see Ordinance 24-97, Resolution 141-97) is hereby
amended for the Property to establish the following architectural standards:
1. The architectural design of the Fallon Gateway project site shall reflect the
following standards as illustrated in the representative architectural features.
2. The project shall provide a gateway statement at each corner of the Dublin
Boulevard and Fallon Road intersection which incorporates both architectural and
landscape elements.
3. The architectural design of the Project shall be iconic and 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 the different retail clusters
together.
9. The project shall provide varied building and roofline massing and articulation to
create human scale and interest.
10. The building bases shall be of durable materials or protected by furniture, planters,
raised curbs, etc. to prevent damage by shopping carts.
11. The loading docks facing I-580 and public thorough fares shall have screening to
limit the impacts of negative views.
12. The parking lots shall provide a sufficient number of tree planting wells to provide
shade uniformly and reduce heat island effect.
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Section 5. Except as specifically modified by this ordinance and the existing Planned Development
District zoning (see Ordinance 24-97, Resolution 141-97), in accordance with Section 8.32.060.C of the
Dublin Zoning Ordinance all development in the Planned Development District site shall be subject to the
regulations of the C-2, General Commercial, zoning district, and of the Zoning Ordinance.
Section 6. All provisions of the Planned Development rezone approved through Ordinance 24-97,
Resolution 141-97 shall remain in full force and effect except as expressly modified herein.
Section 7. EFFECTIVE DATE AND POSTING OF ORDINANCE 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.
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PASSED, APPROVED AND ADOPTED this 16th day of June 2009, by the following vote:
AYES: Councilmembers, Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
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Mayor
ATTEST:
~~^P~t'`7 ity Clerk
Ord 9-09, Adopted 6-16-09, Item 4.3
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