HomeMy WebLinkAboutReso 018-97 PD Rez BJ CommerciaRESOLUTION NO. 18 - 97
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AND ESTABLISHING FINDINGS AND GENERAL PROVISIONS
FOR A PLANNED DEVELOPMENT (PD) DISTRICT REZONE CONCERNING PA 96-050
BJ DUBLIN COMMERCIAL
WHEREAS, B$ Dublin Commercial, owner of property located at Dublin Boulevard and
Dougherty Road, has requested approval of a Planned Development (PD) District Rezone that includes a
Land Use and Development Plan and Master Sign Program that would allow a hotel/motel use, research
and development use, and commercial amusement/recreation facility (indoor) use as permitted uses and
other retail, office and automotive-type permitted and conditional uses, on a 7.06 acre site, and the City of
Dublin remnant parcels (_ 22,280 sq. fL) (APNs: 941-550-52 through 60; and City of Dublin parcels 941-
550-10-18 and 941-550-12-9); and
WHEREAS, a complete application for a PD District Rezone is available and on file with the
Planning Department; and
WHEREAS, the Planning Commission held a public heating to consider this request on February
11, 1997; and
WHEREAS, proper notice of said public heating was given in all respects as required by law; and
WHEREAS, on February 11, 1997, the Planning Commission did adopt Resolutions Nos. 97-02,
97-03, and 97-04 recommending City Council approval of the Negative Declaration, PD District Rezone
and Tentative Parcel Map, respectively, subject to the conditions prepared by Staff} and
WHEREAS, the City Council held a public hearing to consider this request on March 4, 1997; and
WHEREAS, proper notice of this request was given in all respects as required by law for the City
Council hearing; and
WHEREAS, the application has been reviewed in accordance with the California Environmental
Quality Act (CEQA), the State CEQA Guidelines and the City Environmental Guidelines, and a Negative
Declaration has been adopted (City Council Resolution No. 17-97). The project, as proposed, will not have
a significant effect on the environment; and
WHEREAS, the StaffReport was submitted recommending that the City Council approve the PD
District Rezone subject to conditions; and
WHEREAS, the City Council heard and considered all said reports, recommendations, written and
oral testimony submitted at the public hearing as hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED that Dublin City Council does hereby find that:
.t 1. The PD District Rezone, as conditioned, is consistent with the general provisions, intent,
arid Purpose of the Dublin Zoning Ordinance and the Dublin General Plan. The PD District Rezone will be
appropriate for the subject property in terms of a) providing General Provisions which set forth the
purpose, applicable provisions of the Dublin Zoning Ordinance, range of permitted and conditionally
permitted uses, and development standards; b) being compatible with existing commercial, industrial and
residential uses in the immediate vicinity; and c) enhancing development of this area; and
2. The PD District Rezone will not have substantial adverse effects on health or safety, or be
substantially detrimental to the public welfare or be injurious to property or public improvements as all
applicable regulations will be met; and
3. The PD District Rezone will not overburden public services as all agencies have commented
that public services are available; and
4. The PD District Rezone will be consistent with the policies of the Dublin General Plan
designation of Retail/Office and Automotive because the project would only allow uses that fall within
these land use categories and create development according to the C-2, General Commercial District
standards; and
5. The PD District Rezone, with the Master Sign Program (MSP) will create an attractive,
efficient and safe environment through Conditions of Approval; and
6. The PD Rezone, including the MSP, will benefit the public necessity, convenience and
general welfare and is in conformance with Sections 8-31.0 to 8-31.19 of the Dublin Zoning Ordinance;
and
7. The PD Rezone will be compatible with and enhance the general development of the area
because it will be developed pursuant to Conditions of Approval and Site Development Review; and
8. The MSP for the PD Rezone contributes to an effective and attractive identification of its
businesses by providing clear, legible and succinct signage that will help identify and direct automobile and
pedestrian traffic to its site, and is a comprehensive sign'program that incorporates the architectural style
and design of existing and proposed buildings; and
9. The MSP considered the site layout, vehicular access, circulation, parking, setbacks, height,
walls, public safety and similar elements to ensure that the MSP design assists in the provision of a
desirable environment for the development; and
10. Architectural considerations, including the character, scale and quality of the design, the
architectural relationship with the site and other buildings, building materials and colors, screening of
exterior appurtenances, exterior lighting, and similar elements have been incorporated into the MSP, where
appropriate, in order to insure the compatibility of the wall signs and freestanding monument signs with the
buildings' design concept and the character of adjacent buildings and uses.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Dublin City Council hereby
"-'approves a Planned Development District Rezone, as shown on materials labeled Exhibit 1, stamped
approved and on file with the Dublin Planning Department, including the following General Provisions and
Development Standards for PA 96-050 BJ Dublin Commercial, which constitute regulations for the use
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and improvements of the 7.06 acre site and the City of Dublin remnant parcels (APNs 941-550-52' through
60 and the City of Dublin parcels 941-550-10-18 and 94 I-550-12-9), subject to the requirements of fhe,
related Tentative Parcel Map and the conditions of approval specified below.
GENERAL PROVISIONS
A. Purpose
This approval is for the' Planned Development (PD) District ReZoning for PA 96-50 BJ Dublin
Commercial. The PD District Rezone allows the flexibility needed to encourage innovative development
while ensuring that the goals, policies and action programs of the General Plan are met.
B. Dublin Zoning Ordinance - Applicable Requirements
'Except as specifically modified by the provisions and Conditions of Approval for this PA 96-050
PD District Rezone, development and operation of land use activities within this PD District Rezone shall
be subject to the provisions of the C-2, General Commercial District of the City of Dublin Zoning
Ordinance with regard to permitted/conditional uses, land use restrictions and minimum/maximum
development criteria.
Co General ProvisiOns and Development Standards
Intent: This Planned Development District is to be established to provide for and regulate
the development of the combined BJ Dublin Commercial and City of Dublin parcels, or the
BJ Dublin Commercial parcel only. Development shall be generally consistent with the
Land Use Development Plan. This approval rezones 7.06 acres currently zoned PD District
- C-2, General Commercial District and PA 93-052 BJ Dublin Commercial, and the City of
Dublin parcels (+ 22,280 square feet) currently zoned M-l, Light Industrial District and C-
2, General Commercial District, to 8.06 acres zoned PD District - C-2, General Commercial
District and PA 96-050 BJ Dublin Commercial
Development shall generally be consistent with the PA 96-050 PD District Rezone, which
includes a Land Use and Development Plan, Master Sign Program and Alternate Building
Site Plan, which is represented by materials labeled Exhibit 1, stamped approved and on file
with the Dublin Planning Department, which include a Planned Development Rezoning Site
Plan with Master Sign Program, Preliminary Landscape Plan, Preliminary Architectural
Concept Plan and Alternate Building Site, dated received February 3, 1997.
2. Permitted Uses: The following principal uses are permitted in the PA 96-050 PD District:
wholesale/retail stores (including membership stores)
restaurants (sit down)
business, professional, medical, veterinary offices
auto service, repair and parts (cleaning and detailing, glass, muffler, brake, tires,
body & paint, tune-up, sound and security systems, accessories)
commercial/personal services (escrow, blue print, copying, commercial supply) '
contractors (plumbing, security systems, flooring, pool/spa, electrical, irrigation)
financial (bank, savings & loan, stock broker, insurance)
ho
real estate (broker, mortgage, developer, property management)
manufacturer showroom (miniblinds, windows, equipment)
light industrial (assembly, packaging and distribution)
private schools (supplemental learning center, beauty college)
hotels and motels
research and development
commercial amusement/recreation facility (indoor)
Conditional Uses: The following uses are conditional uses in the PA 96-050 PD District,
subject to approval of a Conditional Use Permit:
daycare center (13 or more)
drive-through businesses, including restaurants
commercial amusement/recreation facility (outdoor)
auto vehicle sales & service (new, used car sales, rental lots)
outdoor storage yard (must be enclosed by a solid wall or fence)
nurseries with outdoor storage/display
veterinary offices with an overnight caretaker
4. Minimum Lot Size:- All lots shall observe a minimum lot size of 20,000 square feet.
PLANNED DEVELOPMENT REZONE CONDITIONS OF APPROVAL:
Unless stated otherwise, all Conditions of Approval shall be complied with prior to final occupancy of any
building, and shall be subject to Planning Department review and approval. The followin~ codes represent
those departments/agencies responsible for monitoring compliance of the Conditions of Approval. [PL]
Planning, [B] Building, [PO] Police, [PW] Public Works, [ADM] Administration/City Attorney, [FIN]
Finance, [F] Dougherty Regional Fire Authority, [DSR] Dublin San Ramon Services District, [CO]
Alameda County Flood Control & Water Conservation District (Zone 7).
GENERAL DEVELOPMENT REQUIREMENTS
o
All development projects within this PD District that require Conditional Use Permit or Site
Development Review shall comply with the Zoning Ordinance parking standards for commercial
uses. [PL]
All outdoor storage uses shall require Conditional Use Permit approval. The Conditional Use
Permit shall include conditions for screening any outdoor storage use and landscaping shall be
required in compliance with Condition No. 3 below if the storage use is removed. [PL]
A minimum 3 foot width landscape buffer, or pockets of landscaping, shall be required for areas
that do not have buildings or outdoor storage abutting the wall of the storage use north of the PD
District project site. [PL]
All repair service bays shall be screened and/or oriented away from public view. [PL]
Development on Lots 3 through 9, including the freestanding monument signs, shall incorporate
unified architectural design dements and color schemes. [PL]
4
o .
The proposed landscaping for PD District development projects shall not block any business signs.
[PL] ~
The maximum building height for buildings within this PD District shall be 45 feet. Portions of
buildings with certain architectural elements and articulation may exceed 45 feet to a maximum of
56 feet, provided that the overall average building height is 45 feet. [PL]
Prior to recordation of the Final Map, the Property Owner shall submit conditions, covenants and
restrictions (CC&R's), which must include, at a minimum, the following provisions; internal
circulation, joint parking, emergency vehicle access, cross access easements, a comprehensive
architectural and building design program, uniform landscaping and maintenance, and a joint sign
program in compliance with the Master Sign program approved with this PA 96-050 PD District,
to ensure the quality of design and coordinated operation of the individual parcels. [PL]
The existing and proposed access and public utility easements shall be submitted for review and
approval by the Public Works Director/City Engineer prior to approval of the Final Tentative Parcel
Map for PA 96-050. These easements shall allow for vehicular and utility service access, and be
recorded concurrently with the Final Tentative Parcel Map for PA 96-050 BJ Dublin Commercial.
[PL, ADM, PW, DSR]
10.
Development proposed for the individual lots within the PD District shall be subject to approval of
a Site Development Review. [PL]
TRAFFIC AND CIRCULATION
11.
Access to the PA 96-050 BJ Dublin Commercial project site from Dublin Boulevard shall be limited
as follows.
a. Temporary left-turn from eastbound Dublin Boulevard to the driveway along the west
boundary of Lot 3 of Tract 6644.
b. Ultimate left-turn from eastbound Dublin Boulevard to the driveway along the east
boundary of Lot 4 of Tract 6644.
c. Right-turn access from westbound Dublin Boulevard at all driveways along Dublin
Boulevard.
d. Ultimate lefMurn from east boundary of Lot 4 of Tract 6644 to eastbound Dublin'
Boulevard, unless deemed unsafe by the Director of Public Works/City Engineer.
MERGER OF PARCELS and ALTERNATE BUILDING SITE PLAN
12.
The PD District's Lot 2B and the adjacent City-owned parcels, APNs 941-550-10-18 and 941-550-
12-9, shall be merged into one lot prior to building permit approvals for buildings and freestanding
monument signs on the merged lot. [PL, PW]
This PD District rezone approval also includes the approval of an Alternate Building Site Plan, as
shown in Exhibit 1. This alternate plan would be implemented ifBJ Dublin Commercial and the
City of Dublin are not successful in attracting a single user to their combined parcels. All egress
and ingress points from Dublin Boulevard would remain the same. [PL]
MASTER SIGN PROGRAM
General Sign Requirements
14.
15.
16.
17.
18.
19.
All signage shall comply with the provisions established in this PD Rezone - Master Sign Program
approval. Modifications to the adopted Master Sign Program and/or to the specific conditions
stated, may be considered by the Zoning Administrator upon application for a Sign Site
Development Review pursuant to Section 8-95.0 SITE DEVELOPMENT REVIEW. [PL]
20.
All freestanding monument and wall-mounted signs shown on Exhibit 1, shall be well-maintained in
an attractive manner and in accordance with approved plans. Any indirect light fixtures used to
illuminate any signage shall be glare-shielded. [PL]
The tenant's/business owner's obligation to conform with the approved Master Sign Program for
PA 96-050 BJ Dublin Commercial shall be incorporated into the CC&R's for the BJ Dublin
Commercial project, and if applicable, incorporated into the individual tenant lease agreements as a
binding agreement. [PL]
If tenant/business signs change, all mounting holes from previous tenant/business signs shall be
repaired and walls repainted prior to mounting the new signs. If the use or tenant/business space
ceases to operate for (90) ninety days, the tenant/business signs shall be removed and mounting
holes and walls shall be repaired and repainted. [PL]
The use of Temporary Promotional Signs (i.e., banners, pennants, flags, balloons, searchlights and
similar advertising devises) for special advertising and/or promotional use shall require a separate
Zoning Clearance approval and shall comply with the provisions established in the sign regulations
of the Zoning Ordinance. [PL]
The design and scale of all signs shall be compatible with the building upon which these signs are
attached. Attached signs shall not project over the eave, ridge or parapet line.
This Master Sign Program approval shall be revocable for cause in accordance with Section 8-90.3
of the Dublin Zoning Ordinance. Any violation &the terms or conditions of this approval may be
subject to the issuance of a citation. [PL]
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FreestandinR Monument SiRns '~ ~' ·
21. The approved freestanding monument signs shown on Exhibit 1, shall comply with the following
p:'L]:
a. Four (4) Monument Signs (double-sided, internally illuminated panels)
Sign Height:
Sign Length:
Setback of Sign:
Copy Restriction:
Location:
11 feet (Dougherty Road and western Dublin Blvd. entrance)
10 feet (central and eastern Dublin Blvd. entrances)
6 feet
minimum 10 feet from street frontage property line
tenant/business names;
site address and street name (outside of the individual tenant
panel/copy)
as shown on approved plans, Exhibit 1
22.
The design, colors, sign copy, location and illumination of the freestanding monument signs shall be
as shown on the approved sign elevation and detail plan, labeled Exhibit 1. [PL]
23.
All monument signs shall be installed within landscape planters, or a landscaped area, and building
permit applications for the signs shall include landscape plans and plant species list. Prior to
building inspector's final inspection, all landscaping and any required irrigation shall be installed for
all monument sign locations. [PL, B]
24.
Because the approved freestanding monument signs are sufficient for identifying the project ske
businesses, no other freestanding signs are allowed on Lots lB, 2A, and Lots 3 through 9.
However, due to unique business needs, sign application processing may be considered for
freestanding signs proposed for Lot lA and the merged Lot 2B, subject to the staff-level review
and approval of the Zoning Administrator. [PL]
25.
Directional signs displayed for directing pedestrian and vehicular traffic that are a maximum of 8
square feet in sign area are exempt from the Zoning Ordinance. Directional signs greater than 8
square feet of sign area shall be considered freestanding signs. [PL]
Wall Signs
Comfort Suites Hotel .(Lot 3) - Wall-Mounted Signs
26.
The approved wall signs for Lot 3 (Comfort Suites Hotel) of this PD District, as Shown on Exhibit
1, shall comply with the following [PL]:
South Elevation - "Comfort Suites" and Logo - Internally Illuminated - Individual
letters
Letter Height: 3.5 feet
Sign Length: 29.1 feet
Sign Area: 102. square feet
Logo: 6.5 feet diameter
East and West Elevations - "Comfort Suites" and Logo - Internally Illuminated -
Individual letters
Letter Height: 2.5 feet
Sign Length: 22 feet
Sign Area: 55 square feet
Logo: 4.1 feet diameter
Wall-Mounted Signs for Buildings on Lots 4 through 9
27.
The approved wall signs for Lots 4 through 9 of'this PD District, as shoWn on Exhibit 1, shall
comply with the following [PL]:
a. Letter Height:
b, Sign Length:
c. Sign Placement:
3 feet (single line); 3.5 feet (double line)
18 feet
placed proportionally on tenant/business wails of businesses
being identified
28.
There shall be only one (1) wall sign per tenant/business space for Lots 4 through 8. Two (2) wall
signs shall be allowed for Lot 9 (one on the southern and one on the eastern building elevations).
[pl,]
Wall-Mounted Signs for Buildings on Lots lA, lB, 2A` and 2B
29.
The approved wall signs for Lots lA, lB, 2A, and 2B of this PD District shall comply with the
following general provisions: [PL]
ao
Each business or tenant space may be permitted a maximum of three building frontages for
signs, subject to the staff-level review and approval of the Zoning Administrator. [PL]
bo
Maximum letter height for single or double lettered lines, and logos, shall be 4 feet;
minimum letter height for single or double lettered lines, shall be 2 feet. [PL]
Co
Maximum sign len~h, including logos within the sign len~h, shall be 75 percent of the
building frontage. [PL]
30.
All wall signs shall be individually lettered and internally illuminated, or back-lit. Non-illuminated
signs are not permitted. Neon wall signs are permitted within this PD District, subject to the staff-
level design review and approval of the Zoning Administrator. Placement of the wall-mounted
signs shall be as shown on the approved plans, Exhibit 1. [PL]
31.
Wall-mounted signs shall be placed against the building wall of the tenant's/businesses' occupied
space and frontage as shown on the approved plans, Exhibit 1. Signs shall relate well with the
architectural design of the building. Wall signs shall comply with the provisions of Section
8.08.060 and 8.08.110 of the Zoning Ordinance. [PL]
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FEES
32.
A Public Facilities Fee shall be required for all new development projects at the BJ Dublin
Commercial PD District site. This fee must be paid prior to issuance of building permits. The fees
are as follows: $ 450 per 1,000 square foot of commercial; $ 889 per 1,000 square foot of office;
and $ 392 per 1,000 square foot of industrial space. [PL, B,F]
33.
Development of any structure within this pD District requiring Site Development Review, shall be
subject to appropriate traffic mitigation fees to mitigate off-site traffic impacts attributable to such
development. [PL, PW]
PLANNED DEVELOPMENT DISTRICT MODI17ICATIONS
34.
The Land Use and Development Plan for PA 96-050 is conceptual in nature. No formal
amendment of this PD District Rezone will be required as long as the materials submitted for the
Tentative Parcel Map and Site Development Review are in substantial conformance with this PD
District Rezone. The Community Development Director shall determine conformance or non-
conformance and appropriate processing procedures for modifying this PD District Rezone (i.e.
staff approval, Planning Commission approval of Conditional Use Permit, or City Council approval
of new PD District Rezone). Major modifications, or revisions not found to be in substantial
conformance with this PD District Rezone, shall require a new PD District Rezone. A subsequent
PD District Rezone may address all, or a portion of the area covered by this PD District Rezone.
[PI4
PASSED, APPROVED AND ADOPTED this 4th day of March, 1997.
AYES: Councibnembers Barnes, Burton, Howard, Lockhart and Mayor Houston
NOES: None
ABSENT: None
ABSTAIN: None
Mayor