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HomeMy WebLinkAboutPCReso 95-02 PA94-001 Rec CC S.RitaCml PD RESOLUTION NO. 95 - 02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL APPROVE AND ESTABLISH 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 (pot); 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 three public hearings on said application on December 19, 1994, January 3, 1995 and January 17, 1995; 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 the Planmng Commission recommend City Council approval of the application subject to conditions prepared by Staff; and WHEREAS, the Planning Commission did hear and use their independent judgment and considered all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: The Planned Development Rezone will be appropriate for the subject property in terms of providing a range of permitted and conditionally permitted uses which 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 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 The Planned Development Rezoning will not overburden public services as the Dublin San Ramon Services District has stated that public services are available; and The Planned Development Rezoning will be consistent with the policies of the Dublin General Plan and the Eastern Dublin Specific Plan designation of General Commercial; and 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 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 The Planned Development Rezoning will create an attractive, efficient and safe environment through conditions of approval; and 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 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 IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby recommend that the City Council 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 75+ acre parcel 946-15-1- 4. 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 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: 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. General Merchandise Store Discount/Warehouse Retail Store Clothing/Fashion Store Shoe Store Home Furnishing Store Office Supply Store Home Appliance/Electronics Store Home Improvement Store Music Store Hobby/Special Interest Store Gifts/Specialty Store Jewelry and Cosmetic Store Drug Store Auto Parts Store Toy Store Book Store Pet Supplies Store (including m-store veterinary clinic) Sporting Goods Store Grocery/Food Store 20. Automobile Service and similar uses that sell goods based on price and quality. B. Eating, drinking and entertainment establishments, including, but not limited to, the following: 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Restaurant Wine or liquor bar with on-sale liquor license Micro-brewery Nightclub Indoor movie theater Delicatessen Specialty Food Bakery Ice Cream Shop Sandwich Shop Video Arcade/Rentals Drive-through Facilities, including restaurants C. 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: 2. 3. 4. 5. 7. 8. 9. Community, religious and charitable institutional facilities Public Facilities and uses Veterinary Office Recycling Center In-patient and out-patient health facilities as licensed by the State Department of Health Services Gas Station Outdoor food vendors Automobile sales Hotel/Motel 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. Setbacks and Yards Minimum Setbacks: The minimum perimeter setbacks for buildings, accessory structures, parking areas, driveways and loading areas shall be as follows: Along Interstate 580:20 feet from right-of-way. Along Dublin Boulevard: 20 feet from right-of-way. 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: 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. Minimum Yards: The required setback between all buildings within the project for all yards is 0 feet. Building and other structures will be limited to a maximum height of 75 feet in this District. The overall maximum floor area ratio for this district will be .25 permitting a total of approximately 800,0004- square feet of Gross Leasable Area (GLA) on 75 acres. Parking and loading: 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 requirements hereinafter set forth. Continuing Character of Obligation. 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 structure 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 altemative 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. 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. 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 may comprise up to 25% of the required parking spaces. Where parking spaces abut sidewalks 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. 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 in 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 shall be 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 comer lot. 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 of the Building Permit are in place and ready for use. 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. 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. 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 area for restaurant uses. When the calculation results in a fractional number, any fraction up to and including one-half (½) shall be disregarded and any fraction over one-half (½) shall be adjusted to the next higher whole number. Parking Spaces Required: The number of parking spaces required shall be not less than specified in the following table: USE Parking Required Retail 4.5/1000 sq. ff. Restaurant 7/1000 sq. f. 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 concemed 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. Loading Spaces Required: Every allowable use which has an aggregate gross floor area of fifteen- thousand (15,000) square feet or more, shall provide loading spaces in accordance with the following: Aggregate Gross floor Area (sq. It) Number of Loading Spaces required 15,000-40,000 over 40,000- 100,000 over 100,000 - 160,000 over 160,000 1 2 3 3 plus 1 for each full 80,000 square feet in excess of 160,000 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, 45 and 60 degrees. Parking aisles with two-way traffic shall have a minimum width of twenty-five (25) feet for 90 degree parking angle. Parking aisles with one-way traffic shall have minimum widths as follows: a) b) c) 15 feet for parking angles of 0, 30, and 45 degrees. 18 feet for a parking angle of 60 degrees. 25 feet for a parking angle of 90 degrees. Minor adjustments to aisle width standards may be made through the Site Development Review process. Bicycle Facilities: Bicycle parking facilities shall be provided, at the minimum, at a ratio of 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. 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: Parking areas: Ten (10%) percent Five (5%) percent BE IT FURTHER RESOLVED THAT THE Dublin Planmng Commission does hereby recommend that the City Council approve PA 94-001 Planned Development Rezonmg subject to the following conditions: 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, IF] Dougherty Regional Fire Authority_, [DSR] Dublin San Ramon Services District, [CO] Alameda County Flood Control & Water Conservation District (Zone 7). 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. Developer shall work with LAVTA to establish the need, routes and bus schedule for this project prior to Site Development Review (SDR). [PW] 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. [PWI 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. [PLI Prior to obtaining building permits, the applicant must receive Site Development Review (SDR) approval from the City of Dublin Planning Department. Said application for SDR approval shall include a visual survey to insure scenic vistas as identified m the Eastern Dublin Specific Plan and FEIR are not blocked. [PL] 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. [PL] 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] The location and siting of project specific wastewater, storm dram and potable water system infrastructure shall be consistent with the resource management policies of the Eastern Dublin Specific Plan. [PL, PW] Any proposed modifications or alterations to Tassajara Creek shall be approved 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, PLI 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] 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] 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] Prior to receiving a building permit, applicant shall pay school fees to the satisfaction of the Dublin Unified School District. lB] 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. Prior to issuance of building permit, applicants shall provide written documentation that adequate electric, gas, telephone and landfill capacity is available. [PW] 7 25. 26. 27. 28. 29 30. 31. 32. 33. 34. 35. 36. 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] 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] Developer shall provide a recycled water system for the landscaping per City of Dublin, Zone 7 and DSRSD requirements. The landscaping areas must meet City of Dublin Water Efficient Landscape Ordinance requirements. [PW] 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] 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 m the Eastern Dublin area. The details of this requirement are to be developed as part of the DSRSD reviews and approvals. [PW] 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 grading shall be performed during the non-rainy season (April 15th to October lst), or provide erosion control measures as part of the project to keep mud and silt out of the storm dram system. [PW] 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 Joaqum 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 shall be prepared by a biologist and shall be subject to Planning Department review and approval. [PL] 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] All businesses will be required to secure a City of Dublin business license 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. The Developer shall contact the Alameda County Agricultural Department and develop and distribute a handout to tenants regarding the safe use of rodenticides and herbicides within the project area. This handout is to be developed, delivered to the City of Dublin for review, and approved by the City prior to the occupancy of any buildings. Except as specifically modified by the provisions of this Planned Development (PA 94-001) this project shall be subject to the regulations of the C-2, General Commercial, District. All items listed in the matrix attached and made a part of the Mitigated Negative Declaration that have not been made conditions of approval of this PD Rezone, will be required 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 systems to the site as well as on site drainage systems to the areas to be occupied shall be complete to the satisfaction and requirements of the Dublin Public Works Department and shall be m conformity with the Master Drainage Plan. PASSED, APPROVED AND ADOPTED this 17th day of January, 1995. AYES: Commissioners Burnham, Geist, North and Zika NOES: None ABSENT: Commissioner Rafanelli Planning ?i/nmission Chairperson ATTEST: Planning Director (PA94-001\1994~reso2pdr)