HomeMy WebLinkAbout2009 Minor Amendment to PDC>\
, OA: 109
July 27, 2009
CITY OF DUBLIN
100 Civic Plaza, Dublin, California 94568 Website: http://www.ci.dublin.ca.us
Mr. Shawn Cole
Manager of Regal Entertainment Group
Hacienda 20 9347
5000 Dublin Blvd.
Dublin, CA 94568
Subject: Minor Amendment to Planned Development Zoning (PA 94-001) Hacienda Crossings Shopping
Center
Dear Mr. Cole:
In 1995 the City of Dublin adopted a Land Use and Development Plan (PA 94-001) for the Santa Rita
Commercial Center which is now known as Hacienda Crossings. The Land Use and Development Plan
(LUDP) intended to provide an environment that would encourage the use of common open space areas for
neighborhood or community activities by requiring a percentage of the land area to be set aside for open
space which includes landscape, entry, plaza, and sidewalk areas. However, the LUDP did not specify the
types of uses that would be permitted in these open space areas.
In May 2004, a minor amendment to the Planned Development Zoning (PA 94-001) for Hacienda Crossings
was approved to clarify the types of permitted outdoor activities that are allowed to take place within the
plaza area fronting the Regal Cinema Theater (Enclosure 2). One of the listed permitted outdoor activities
approved under the minor amendment is to allow for the display of vehicles owned by a Dublin based
automobile dealer. Vehicle display is limited to a maximum of two vehicles (Enclosure 2, Permitted
Outdoor Activity #3).
On March 12, 2009, a request to amend the Planned Development Zoning (PA 94-001) was made to increase
the maximum number of vehicles that can be displayed within the plaza fronting Regal Theater, from two
vehicles to three vehicles. The following minor amendment to Permitted Outdoor Activitity #3 as described
in Enclosure 2 is hereby approved:
3) Promotions supporting local businesses, including but not limited to, displaying vehicles owned by a
Dublin based automobile dealer and similar types of promotions as determined by the Community
Development Director. All promotions supporting local business shall be limited to Dublin based
businesses only. In addition, the following regulations shall apply for vehicle display:
a. Vehicle display shall be limited to a maximum of 3 vehicles.
b. Types of vehicles displayed shall not include recreational vehicles, boats and trailers, and
other vehicles determined to be substantially similar to the above by the Director of
Community Development.
Area Code (925) - City Manager 833-6650 - City Council 833-6650 - Personnel 833-6605 • Economic Development 833-6650
Finance 833-6640 • Public Works/Engineering 833-6630 • Parks & Community Services 833-6645 - Police 833-6670
Planning/Code Enforcement 833-6610 - Building Inspection 833-6620 • Fire Prevention Bureau 833-6606
Minor Amendment to Planned Development Zoning (PA 94-001) Hacienda Crossings Shopping Center
June 29, 2009
Page 2
c. The vehicles shall be for display purpose only and display of signage on the vehicles shall not
be permitted.
d. Vehicles must be at a minimum separation distance of 30 feet from each other.
e. All temporary displays including, but not limited to, vehicles, structures, and play apparatus,
shall be set back 20-feet from the building and exit doors, on all sides, for adequate
emergency access and egress.
f. At no time shall any vehicle, structure, or other object block a required exit from the Theatre.
Exit doors should be clearly marked "Exit, Do Not Block" with 2-inch high letters in a color
contrasts with the color of the doors.
Except as modified in this amendment, all general provisions, development standards, and conditions of
approval as set forth in Resolution 06-95 (Enclosure 1), approving and establishing a Planned Development
Zoning district (PA 94-001) for Hacienda Crossings, and the minor amendment dated May 10, 2004
(Enclosure 2) shall remain in effect.
All permitted outdoor activities shall be limited to the plaza area fronting the Regal Cinema Theater, within
the property boundaries of Regal Cinemas as shown in the attached Site Plan labeled Exhibit A. The area
designated on the attached Site Plan as "Fire Truck Access" must remain free and clear of any and all
obstructions at all times.
All other activities not listed above, or determined to be similar by the Community Development Director,
shall be subject to the Temporary Use Permit regulations in the Dublin Zoning Ordinance. If you should
have any questions, please contact the Community Development Department, Planning Division at (925)
833-6610.
Sincerely,
i
Jeri am, AICP
Community Development Director
Enclosures: (1) Resolution 06-95
(2) May 10, 2004 Minor Amendment to Planned Development Zoning (PA 94-001), Hacienda
Crossings Shopping Center
(3) Site Plan Labeled Exhibit A
CC: PA 94-001
G:\PA#\1994\94-001 Minor Amendment to PD\HaciendaCrossingsPDAmendment.doc
1 -11,
RESOLUTION NO.. 6 - 95
A RESOLUTION OF THE CITY COUNCIL
OF THE CI'T'Y OF DUBLIN
APPROVING AND ESTABLISHING FINDINGS AND GENERAL PROVISIONS FOR A PD,
PLANNED DEVELOPMENT REZONING CONCERNING
PA 94-001 SANTA RITA COMMERCIAL CENTER
WHEREAS, Homart Development Co., a Delaware Corporation, and the Surplus Property Authority of
the County of Alameda (Applicants), are requesting a Planned Development Rezoning to establish General
Provisions and Development Regulations for a 75± acre portion of APN 946-15-1-4 (por) ; and
WHEREAS, Homart Development Co., a Delaware Corporation, and the Surplus Property Authority of
the County of Alameda (Applicants); have submitted a Land Use and Development Plan as required by Section
8.31-13 of the Zoning Ordinance which meets the requirements of said section; and
WHEREAS, the Planning Commission did hold public hearings on said application on December 19,
1994; January 3, 1995; and January 17, 1995 and did adopt Resolution No. 95-01, recommending that the City
Council certify the Mitigated Negative Declaration and adopt the Mitigation Monitoring Program; Resolution
No. 95 -02, recommending that the City Council approve the Planned Development Rezoning request;
Resolution No. 95 -03 recommending that the City Council approve the Development Agreement; and
recommending further that the City Council support, in concept, the preparation of a Greenway Study along
Tassajara Creek and further recommending that the City Council support continuing to work with the East Bay
Regional Park District on trails consistent with the City's Parks and Recreation Master Plan and Eastern Dublin
Specific Plan; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law; and
WHEREAS, the application has been reviewed in accordance with the California Environmental Quality
Act ("CEQA") and a Mitigated Negative Declaration (SCH 94113020) has been prepared; and
WHEREAS, with the inclusion of mitigation measures and conditions of approval, it has been
determined that the project will not have a significant effect on the environment; and
WHEREAS, the Staff Report was submitted recommending that City;Council approve the application
subject to conditions prepared by Staff; and
WHEREAS, the City Council did hear and use their independent judgment and consider all said reports,
recommendations and testimony hereinabove set forth..
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby find that:
I. The Planned Development Rezone will be appropriate for the subject perty in terms of
providing a range of permitted and conditionally permitted uses whichrop will be compatible with
existing vacant and proposed commercial, office and residential uses in the immediate vicinity, and
which enhances development of the Specific Plan area, and
2. The Planned Development Rezoning will not have a substantial adverse affect on health or safety
or be substantially detrimental to the public welfare or be injurious to property or public
improvement as all applicable regulations will be met; and
3. The Planned Development Rezoning will not overburden public services as the Dublin San Ramon
Services District has stated that public services are available; and
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4. As demonstrated in the matrix attached and made a part of the Mitigated Negative Declaration,
the Planned Development Rezoning will be consistent with the Dublin General Plan and the
Eastern Dublin Specific.Plan including all the policies therein; and
5. The Planned Development Rezoning will provide efficient use of the land that includes
preservation of significant open areas and natural and topographic landscape features along
Tassajara Creek with minimum alteration of natural land forms; and
6. The Planned Development Rezoning will provide an environment that will encourage the use of
common open areas for neighborhood or community activities and other amenities through
conditions of approval; and
7. The Planned Development Rezoning will create an attractive, efficient and safe environment
through conditions of approval; and
8. The Planned Development Rezoning will benefit the public necessity, convenience and general
welfare and is in conformance with Sections 8-31.0 to 8-31.19 of the Dublin Zoning Ordinance;
and
9. The Planned Development Rezoning will be compatible with and enhance the general
development of the area because it will be developed pursuant to conditions of approval and site
development review; and
10. The Planned Development Rezoning will create attractive, efficient and safe development because
it will be developed pursuant to conditions of approval and site-development review.
BE 17 FURTHER RESOLVED THAT THE Dublin City Council does hereby approve PA 94-001,
Santa Rita Commercial Center Planned Development, subject to the following General Provisions and
Development Standards which constitute regulations for the use, improvement and maintenance of the 75f acre
parcel 946-15-1- 4 (por).
GENERAL PROVISIONS AND DEVELOPMENT STANDARDS
1. Intent: This approval is for Planned Development Rezone PA 94-001, Santa Rita Commercial
Center. This Planned Development District is established to provide for and regulate the development of the
Santa Rita Commercial Center. Development shall be generally consistent with the Land Use Development Plan
which consists of the following submittals:
A. Planned Development Rezone Application dated September 6, 1994; and
B. The "Conceptual Site Plan" dated September 23, 1994:which supersedes the document
entitled "Conceptual Site Plan" in the September 6, 1994 application.
2. The following principal uses are permitted in the PD District
A. Retail commercial establishments, including, but not limited to, the following:
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 Store
9. Music Store
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10. Hobby/Special Interest Store
11. Gifts/Specialty Store
12. Jewelry and Cosmetic Store
13. Drug Store
14. Auto Parts Store
15. Toy Store
16. Book Store
17. Pet Supplies Store (including in-store veterinary clinic)
18. Sporting Goods Store
19. Grocery/Food Store
20. Automobile Service
3.
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and similar uses that sell goods based on price and quality.
Eating, drinking and entertainment establishments, including, but not limited to, the
following:
1. Restaurant
2. Wine or liquor bar with on-sale liquor license
3. Micro-brewery
4. Nightclub
5. Indoor movie theater
6. Delicatessen
7. Specialty Food
8. Bakery
9. Ice Cream Shop
10. Sandwich Shop
11. Video Arcade/Rentals
12. Drive-through Facilities, including restaurants
Office and service establishments including, but not limited to:
1. Bank/Savings and Loan
2. Real Estate/Title Office
3. Travel Agent
4. Legal
5. Accounting
6. Medical and Dental
7. Optometrist
8. Architect
9. Employment Agency
10. Hair/Beauty Salon
11. Cleaner and Dryer
12. Shoe Repair
13. Key Shop
14. Tailor
15. Athletic Club
16. Formal Wear/Rental
17. Other Administrative and, Professional Office
18. Technology Access Center
19. Tele-Commuting Center
The following are conditional uses in the PD District and shall be permitted only if approved by
the Planning Commission:
1. Community, religious and charitable institutional facilities
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2. Public Facilities and uses
3. Veterinary Office
4. Recycling Center
5. In-patient and out-patient health facilities as licensed by the State Department of
Health Services
6. Gas Station
7. Outdoor food vendors
8. Automobile sales
9. Hotel/Motel
4. Any structure, circulation, parking, landscaping and signage shall be subject to Site Development
Review (pursuant to Section 8-95 of the Zoning Ordinance) unless zoning approval is granted
upon the determination that the construction constitutes a minor project and that the Building
Permit plans are in accord with the intent and objectives of the Site Development Review
procedures.
5. Setbacks and Yards
A. Minimum Setbacks: The minimum perimeter setbacks for buildings, accessory structures,
parking areas, driveways and loading areas shall be as follows:
1. Along Interstate 580: 20 feet from right-of-way.
2. Along Dublin Boulevard: 20 feet from right-of-way.
3. Along Tassajara Creek: A minimum 100 foot setback from the top of bank will be
maintained along Tassajara Creek.
The setback zones shall be fully landscaped with both hardscape (private sidewalks and other hard
surfaced areas) and softscape (trees, shrubs, ground cover, etc.).
B. Exceptions to the above setback requirements are the following:
1. Architectural projections (such as eaves, columns, balconies, arcades, awnings,
steps and decks) which may encroach up to a maximum of 10 feet into a required
setback, with a minimum setback of 10 feet from a street right-of-way-
2. Freestanding signage: As permitted in the Master Sign Program:
C. Minimum Yards: The required setback between all buildings within the project for all
yards is 0 feet.
6. Building and other structures will be limited to a maximum height of 75 feet in this District.
7. The overall maximum floor area ratio for this district will be .25 permitting a total of
approximately 800,000± square feet of Gross Leasable Area (GLA) on 75 acres.
8. Parking and loading:
A. Parking and Loading Spaces. There shall be provided and maintained in accordance with
these standards, off-street automobile parking and loading spaces for every building and
use. No building or structure shall be erected or use established and no existing building
,shall be structurally altered, unless there is already in existence, or unless provision
therefore is made concurrently with such erection or structural alteration or new use, the
number of parking spaces and loading spaces necessary to meet the minimum requirement;
hereinafter set forth.
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B. Continuing Characier of Obliga, lion. The maintenance of the parking and loading spaces
required shall be a continuing obligation of the owner of the real property upon which the
building or structure is located as long as the building or structure exists and the use
requiring such space continues. It shall be unlawful for an owner of a building or structur
affected by these requirements to discontinue, change or dispense with or to cause the
discontinuance, sale or transfer of such building or structure, without establishing
alternative spaces which conform to those requirements;; or for any person, firm, or
corporation to use such building or structure without providing such required parking or
loading spaces; in compliance with these standards.
C. Parking Spaces: Accessibility. These standards are intended to provide off-street spaces
for the parking of the automobiles of tenants of the premises and for clients, customers,
employees, and callers. They are required to be kept accessible for the purposes
continuously, and the use of any such required space or spaces other than these specified,
shall constitute discontinuance thereof in violation of Section 8-63.1.
D. Parking Spaces: Size and Location. A standard parking stall shall be a minimum of nine
(9) feet wide by nineteen (19) feet in length. Compact stalls shall be a minimum of eight
8 feet wide by a minimum of seventeen (17) feet in length. Compact parking spaces ma.
comprise up to 25% of the required parking spaces. Where parking spaces abut sidewalk
or landscape areas the length of a parking stall may be reduced by two feet. Minor
adjustments to parking space size and location may be made through the Site
Development Review process.
E. Loading Spaces: Size and Location. Required loading space for buildings with an
aggregate floor area less than forty-thousand (40,000) s.f. shall be not less than ten (10)
.feet in width and twenty (20) feet in length. Required loading spaces at buildings with an
aggregate floor area over forty-thousand (40,000) s.f shall be not less than ten (10) feet i
width and sixty (60) feet in length. Every required loading space shall be clear to a height
of not less than fourteen (14) feet. Every required loading space shall be on the same lot
as the structure it serves or on an abutting lot and shallbe continuously accessible from
the street. No loading space shall occupy any part of a` required parking space, or any
required street side yard of a corner lot.
F. Parking and Loading Spaces: Approval of Plan. A site plan showing the location of the
existing and proposed building or buildings and other improvements, the location of all
required parking and loading spaces, and all provisions for maneuvering space and access
thereto from a public right-of-way including proposed ;curb cuts, shall be submitted and
approved as being convenient and functional prior to the issuance of Building Permit. No
approval of occupancy shall be issued upon completion of a building or structural
alteration of a building or for any land use when no buildings are erected or altered, unless
and until all such spaces as required and as shown upon approved plans and made a part c
the Building Permit are in place and ready for use.
G. Parking and Loading Spaces: Maintenance. All parking and loading spaces, access
driveways, and maneuvering areas required shall be graded and well drained and shall be
maintained with all weather dust-free surfacing. Lighting of parking and loading spaces
shall be so arranged as to be directed downward and away from any residential area.
H. Collective Action Permitted. Nothing herein shall be construed to prevent the joint use of
parking or loading space for two (2) or more buildings or uses if the total of such spaces
provided is not less than the sum of the requirements for the individual uses computed
separately in accordance with these standards.
I. Number of Spaces Required. The number of parking'and/or loading spaces required shall
be calculated based on gross floor area for retail and office uses, and customer service
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area for restaurant uses. When the calculation results in a fractional number, any fraction
up to and including one-half ('/2) shall be disregarded and any fraction over one-half ('/2)
shall be adjusted to the next higher whole number.
7. Parking Spaces Required: The number of parking spaces required shall be not less than
specified in the following table:
USE . Parking RMuired
Retail .4.5/1000 sq. ft.
Restaurant 7/1000 sq. ft.
Theater 1/5 seats
Office 4/1000 sq. ft.
Exception: Where an attested copy of a contract between the parties concerned is filed
with the Application for Building Permit, which contract sets forth a valid agreement for
joint use of parking spaces for the life of the buildings or uses concerned and a parking
study has been approved by the Zoning Administrator demonstrating that a lesser number
of parking spaces would be appropriate for the proposed use, through shared use of
parking, then the number of required parking spaces shall be reduced in accordance with
the number indicated in the approved parking study.
K. Loading Spaces Required: Every allowable use which has an aggregate gross floor area
fifteen-thousand (15,000) square feet or more, shall provide loading spaces in accordance
with the following:
Aggregate Gross floor Area (sq. ft) Number of Loading Spaces required
15,000= 40,000 1
over 40,000 - 100,000 2
over 100,000 - 160,000 3
over 160,000 3 ;plus 1 for each full
80,000 square feet in
excess of 160,000
L. Minimum Aisle Widths: Parking aisles with two-way traffic shall have a minimum width
of twenty-two (22) feet for parking angles of 0, 30, 45and 60 degrees. Parking aisles
with two-way traffic shall have a mmimum width of twenty-five (25 ) feet for 90 degree
parking angle.
Parking aisles with. one-way traffic shall have minimum widths as follows:
a) 15 feet for parking angles of 0, 30, and 45, degrees.
b) 18 feet for a parking angle of 60 degrees.
c) 25 feet for a parking angle of 90 degrees.
Minor adjustments to aisle width standards may be made through the Site. Development
Review process.
M. Bicycle Facilities: Bicycle parking facilities shall be provided, at the minimum, at a ratio c
one space per 150 required automobile spaces. These facilities, which would provide for
convenient parking and locking of bicycles shall be located adjacent to the fronts of
buildings and dispersed throughout the shopping center.
9. The Master Sign Program will be submitted for review with the Site Development Review
package.
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10. A minimum ratio of twenty percent (20%)of the gross land area ;will be provided in open space,
which shall include landscape, entry, plaza and sidewalk areas. The minimum ratio of landscape
to gross land area shall be as follows:
Perimeter site areas: Ten (10%) percent
Parking areas: Five (5%) percent
BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby approve PA 94-001
Planned Development Rezoning subject to the following conditions:
CONDITIONS OF APPROVAL:
12.% Developer shall design bus turnouts, transit shelters and pedestrian paths (sidewalks) to match proposed
LAVTA routes and stops and to the City of Dublin's requirements and standards prior to issuance of the
building permit. Construction shall be undertaken as part of the street improvement work. [PW]
13. Alameda County shall enter into a development agreement with the City of Dublin that, in addition to
other provisions, provides that when the property to the east of the Santa Rita Commercial Center project
develops, all the action measures of the Eastern Dublin Specific Plan and Mitigation Measures of the
Eastern Dublin FEIR pertaining to Tassajara Creek adjacent to this project will be activated and
completed or guaranteed for completion. [PL] i
14. Prior to obtaining building permits, the applicant must receive Site Development Review (SDR) approval
from the City of Dublin City Council for PA 94-001. Said application for SDR approval shall include a
visual survey to insure scenic vistas as identified in the Eastern Dublin Specific Plan and FEIR are not
blocked. [PL]
15.. Homart Development Co., Alameda County and the City of Dublin shall enter into a development
agreement which shall contain provisions for sequencing of infrastructure, any financing plans, payment
of traffic, noise and public facilities impact fees and other provisions deemed appropriate by the parties.
CPL]
16. Bicycle parking facilities shall be provided at the Santa Rita Commercial Center in accordance with the
Planned Development Rezone general provisions and development standards filed with the Planning
Department. [PL]
17. The location and siting of project specific wastewater, storm drain and potable water system
infrastructure shall be consistent with the resource management policies of the Eastern Dublin Specific
Plan. [PL, PW]
18. Any proposed modifications or alterations to Tassajara Creek shall beapproved by the City of Dublin and
any required permitting agencies and shall be consistent with the policies of Eastern Dublin Specific Plan
and FEIR.. [PW, PL]
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11. Developer shall work with LAVTA to establish the need, routes and bus schedule for this project prior to
Site Development Review (SDR). [PW]
19. Developer shall pay a Traffic Impact Fee (TIF) based on the adopted Eastern Dublin TIF. The TIF must
be paid prior to issuance of any building permit. [B, PW]
20. Developer shall participate in the BAAQMD's Traffic Systems Management Program and provide a
funding mechanism to LAVTA for free bus passes for employees prior to occupancy of any buildings.
[PW]
21. Prior to any combustible construction, fire facilities shall be in place to serve the project to the
satisfaction of the Dougherty Regional Fire Authority. [DSR, F, B]
22. Prior to receiving a building permit, applicant shall pay school fees to the satisfaction of the Dublin
Unified School District. [B]
23. The refuse collection areas within the project shall be reviewed by the garbage service provider to ensure
that adequate space is provided to accommodate collection and sorting of petrucible solid waste as well
as source-separated recyclable materials generated by the commercial businesses within the Homart
project.
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24. Prior to issuance of building permit, applicants shall provide written documentation that adequate
.electric, gas, telephone and landfill capacity is available. [PW]
25. Developer shall submit plans for the water and sewer systems to service this development acceptable to
DSRSD; pay fees required by DSRSD and receive DSRSD's approval prior to issuance of any building
permit. Developer shall construct these facilities prior to occupancy. [B, PW]
26. Developer shall provide a "will serve" letter from DSRSD prior to issuance of the grading permit which
states that the Homart project can be served by DSRSD for water and sewer prior to occupancy. [B, PW]
27. Developer shall.provide a recycled water system-for the landscaping pe'r City ofDublin,.Zone 7 and
DSRSD requirements. The landscaping areas must meet City of Dublin Water Efficient Landscape
Ordinance requirements. [PW]
28. Developer shall provide Public Utility Easements per requirements of the City of Dublin and/or public
utility companies as necessary to serve this area with utility services. [PW]
29 Developer shall participate, along with other Eastern Dublin developers who shall benefit, in financing
construction of needed new chlorination-fluoridation stations at the proposed Zone 7 turnouts in the
Eastern Dublin area. The details of this requirement are to be developed as part of the DSRSD reviews
and approvals. [PW]
30. Developer shall meet City of Dublin requirements for Dublin's Urban Runoff Program and shall apply for
and obtain a permit from the Regional Water Quality Board. All gra*g shaft be performed during the
non-rainy season (April 15th to October 1st), or provide erosion control measures as part of the project
to keep mud and silt out of the storm drain system. [PW] I,
31. A preconstruction survey shall be submitted to the City that is prepared within 60 days prior to any
habitat modification to verify the presence of sensitive species, especially the San Joaquin Kit Fox,
nesting raptors, the red-legged frog, the Western Pond Turtle, the California Tiger Salamander, the Tri-
Colored Blackbird, and other species of special concern. Said survey hall be prepared by a biologist and
shall be subject to Planning Department review and approval. [PL]
32. Prior to issuance by the City of any building permit, all utility connection fees, plan checking fees,
inspection fees, permit fees and fees associated with a wastewater discharge permit shall be paid to
DSRSD in accordance with the rates and schedules established in the DSRSD Code. [PW, B]
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33. All businesses will be required to secure a City of Dublin business licen prior to opening for business
and provide the number, type and salary level of employees (on a form established by the City) for each
business in order to implement the housing and employment monitoring system.
34. The Developer shall contact the Alameda County Agricultural Departm nt and develop and distribute a
handout to tenants regarding the safe use of rodenticldes and herbicide within the project area. This
handout is to be developed, delivered to the City of Dublin for review, d approved by the City prior to
the occupancy of any buildings.
35. Except as specifically modified by the provisions of this Planned Devel pment (PA 94-001) this project
shall be subject to the regulations of the C-2, General Commercial, Dis 'ct.
36. All items listed in the matrix attached and made a part of the Mitigated egative Declaration that have
not been made conditions of approval of this PD Rezone, will be requir d as conditions of approval on
the discretionary action so indicated on the matrix.
37: Prior to the occupancy of any portion of phase 1, the storm drainage stems to the site as well as on site
drainage systems to the areas to be occupied shall be complete to the tisfaction and requirements of the
Dublin Public Works Department and shall be in conformity with the aster Drainage Plan.
38. Notwithstanding Sections 8-95.0 et.seq. of the City's Zoning Code an(
the City Council shall be the approving body for the Site Development
Rita Commercial Center Project (PA 94-001). The City Council shall
Review application at a public meeting and shall make the findings pur
Notwithstanding Section 8-95.090 of the Zoning Code, the decision of
Development Review application shall be effective immediately. Any
Review shall be consistent with Section 8-95.100. Notwithstanding Se
modification of the Plan approved shall be heard and decided by the PI
PASSED, APPROVED AND ADOPTED this 31st day of January, 1995.
AYES: Councilmembers Barnes, Burton, Howard, MofI
NOES: None
ABSENT: None
ATTEST:
-Cl
Jerk
(19941PA94-00IVespdrec)
Section 8-95.060 in particular,
teview application for the Santa
insider the Site Development
cant to Section 8-95.070.
he City Council on the Site
giver of Site Development
tion 8-95.110, any revision or
uninR Director.
& Mayor Houston
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??? r??' 2 CITY OF DUBLIN
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100 Civic Plaza, Dublin, California 94568 Website: http://www.ci.dublin.ca.us
May 10, 2004
Mr. Peter Altmann
Vice President Property Management
Regal Entertainment Group
7132 Regal Lane
Knoxville, TN 37918
Subject: Minor Amendment to Planned Development Zoning (PA 94-001), Hacienda Crossings shopping center
Dear Mr. Altmann:
In 1995 the City of Dublin adopted a Land Use and Development Plan (PA 94-001) for the Santa Rita
Commercial Center which is now known as Hacienda Crossings. Among other things, the Land Use and
Development Plan (LUDP) intended to provide an environment that would encourage the use of common open
space areas for neighborhood or community activities by requiring a percentage of the land area to be set aside for
open space which includes landscape, entry, plaza, and sidewalk areas. While this was the intent of the LUDP, it
did not specify what types of uses would be permitted in these open space areas.
Recently it came to the City's attention that the plaza area in front of the Regal Cinema Theatre, was being used
for a variety of temporary promotional events, activities, and vehicle display. After reviewing the LUDP it was
discovered that the Planned Development zoning encourages outdoor activities but does not specify which uses
are permitted and which are subject to a Temporary Use Permit.
In response to your letter dated October 9, 2003 requesting a minor amendment to the approved Planned
Development Zoning (PA 94-001) for Hacienda Crossings, the following clarifies the types of permitted outdoor
activities that are allowed to take place within the plaza area fronting the Regal Cinema Theatre. Expect as
modified below, all general provisions, development standards, and conditions of approval as set forth in
Resolution 06-95, approving and establishing a Planned Development Zoning district (PA 94-001) for Hacienda
Crossings shall remain in effect.
Permitted outdoor activities include,
1. Promotions related to Film Releases, including but not limited to, local radio remote station broadcasts
(see discussion below regarding tents and canopies), display of special effect materials such as vehicles
used in the film and other film related displays, inflatable play apparatus, and similar types of promotions
as determined by the Community Development Director.
2. Public Service Promotions, including but not limited to, MADD (Mothers Against Drunk Driving), Fire
Prevention promotions, anti-drug use promotions and similar types of promotions as determined by the
Community Development Director.
3. Promotions Supporting Local Businesses, including but not limited to, displaying vehicles owned by a
Dublin based automobile dealer and similar types of promotions as determined by the Community
Area Code (925) • City Manager 833-6650 • City Council 833-6650 • Personnel 833-6605 • Economic Development 833-6650
Finance 833-6640 • Public Works/Engineering 833-6630 • Parks & Community Services 833-6645 • Police 833-6670
Planning/Code Enforcement 833-6610 • Building Inspection 833-6620 • Fire Prevention Bureau 833-6606
Development Director. All promotions supporting local business shall be limited to Dublin based
businesses only. Vehicle display shall be limited to a maximum of 2 vehicles.
All permitted outdoor activities shall be limited to the plaza area fronting the Regal Cinema Theater, within the
property boundaries of Regal Cinemas, as shown in the attached Site Plan labeled Exhibit A. The area
designated on the attached Site Plan as "Fire Truck Access" must remain free and clear of any and all obstructions
at all times. All temporary displays including, but not limited to, vehicles, structures, and play apparatus, shall be
set back 20-feet from the building and exit doors, on all sides, for adequate emergency access and egress. At no
time shall any vehicle, structure, or other object block a required exit from the Theatre. Exit doors should be
clearly marked "Exit, Do Not Block" with 2-inch high letters in a color that contrasts with the color of the doors.
Permitted outdoor activities shall comply with all local laws and regulations set forth by the City of Dublin
Planning Division, Building Division, Fire Prevention Bureau, Public Works Department, Police Services,
Alameda County Public and Environmental Health, Dublin San Ramon Services District, and California
Department of Health Services. Any activity that utilizes a tent or canopy must comply with the regulations set
forth by the Dublin Fire Prevention Bureau. Any activity that involves serving food to the public must comply
with the regulations set forth by the Alameda County Health Department.
The plaza area fronting the Regal Cinema Theatre shall be maintained in a clean and litter free condition at all
times. Permitted outdoor activities shall be limited to the hours of operation for the Regal Cinema Theatre. The
Community Development Director shall have the authority to make a determination that a promotion or activity
meets the intent of this minor amendment if the activity substantially complies with and does not materially
change the provisions or intent of the adopted Planned Development Zoning District.
All other activities not listed above, or determined to be similar by the Community Development Director, shall
be subject to the Temporary Use Permit regulations in the Dublin Zoning Ordinance. If you should have any
questions, please contact the Community Development Department, Planning Division at (925) 833-6610.
Sincerely,
J4?
Eddie Peabody
Community Development Director
Enclosures: (1) Site Plan labeled Exhibit A
(2) Resolution 06-95
CC: PA 94-001
Chron File
Area Code (925) • City Manager 833-6650.- City Council 833-6650 • Personnel 833-6605 • Economic Development 833-6650
Finance 833-6640 • Public Works/Engineering 833-6630 • Parks & Community Services 833-6645 • Police 833-6670
Planning/Code Enforcement 833-6610 • Building Inspection 833-6620 • Fire Prevention Bureau 833-6606