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HomeMy WebLinkAboutPCReso 97-03 PA96-050 Rec CC BJ Dublin Comm PD Rez RESOLUTION NO. 97 -03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL APPROVE AND ESTABLISH FINDINGS, GENERAL PROVISIONS, AND DEVELOPMENT STANDARDS FOR A PLANNED DEVELOPMENT (PD) DISTRICT REZONING FOR PA 96-050 BJ DUBLIN COMMERCIAL WHEREAS, BJ 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. ft.) (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 did hold a public hearing on the PD District Rezone on February 11, 1997; 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), the State CEQA Guidelines and the City Environmental Guidelines, and a Negative Declaration has been adopted (City Council Resolution No.__ project, as proposed, will not have a significant effect on the environment: and .). The WHEREAS, the Staff Report was submitted recommending Planning Commission approval of the PD District Rezone subject to conditions; and WHEREAS, the Planning Commission 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 THE Dublin Planning Commission does hereby make the following findings and determinations regarding said proposed PD District Rezone: 1. The PD District Rezone, as conditioned, is consistent with the general provisions, intent, and 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 RESOLVED THAT THE Dublin Planning Commission does hereby recommend that the City Council approve a Planned Development District Rezone, as shown on materials labeled Exhibit A, stamped approved and on file with the Dublin Planning Department, including the following General Provisions and Development Standards for PA 98-050 BJ Dublin Commercial, which constitute regulations for the use 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 941-550L. 10-18 and 941-550-12-9), subject to the requirements of the 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. C. 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 A, 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. 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) 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 following 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 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 abutting the wall of the storage use north of the PD District project site, or outdoor storage. [PL] 4. 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 elements and color schemes. [PL] 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 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 Tentative Parcel Map for PA 96-050. These easements shall allow for vehicular and utility service access, and be recorded concurrently with the 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 left-turn 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] 13. This PD District rezone approval also includes the approval of an Alternate Building Site Plan, as shown in Exhibit A. This alternate plan would be implemented if BJ 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. 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] 15. All freestanding monument and wall-mounted signs shown on Exhibit A, 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] 16. 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] 17. 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] 18. 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] 19. 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. 20. This Master Sign Program approval shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this approval may be subject to the issuance of a citation. [PL] Freestanding Monument Signs 21. The approved freestanding monument signs shown on Exhibit A, shall comply with the following [PL]: 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 A 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 A. [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 b,e installed for all monument sign locations. [PL, B] 24. Because the approved freestanding monument signs are sufficient for identifying the project site businesses, no other freestanding signs are allowed on Lots 1 B, 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 PC District, as shown on Exhibit A, 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 A, 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 walls 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] 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] Maximum letter height for single or double lettered lines, and Iogos, shall be 4 feet; minimum letter height for single or double lettered lines, shall be 2 feet. [PL] Maximum sign length, including Iogos within the sign length, 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 A. [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 A. 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] FEES 32. A Public Facilities Fee will 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, FI 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 MODIFICATIONS 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 covereC by this PD District Rezone. [PL] 8 PASSED, APPROVED AND ADOPTED this 11th day of February, 1997. AYES: NOES: ABSENT: ATTEST: Commissioners Jennings, Johnson, Fusulkey, Hughes and Oravetz None Planning Commission ~na~rperson ,' Community Development Director G:\PA96-050\pcpd reso\crc