HomeMy WebLinkAboutPC Reso 93-39 PA93-052 BJ Dublin PD RESOLUTION NO. 93 - 039
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING APPROVAL AND ESTABLISHMENT OF FINDINGS AND GENERAL
PROVISIONS FOR A PD, PLANNED DEVELOPMENT REZONING CONCERNING
PA 93-052 BJ DUBLIN COMMERCIAL
WHEREAS, The J. Patrick Land Company (Applicant), representing BJ
Dublin Commercial, a California Limited Partnership, is requesting
approval of 1) a General Plan Amendment for five parcels [941-550-49
(por), 9-17, 10-17, 10-11 (pot) and 12-7 (por)] located near the corner
of Dougherty Road and Dublin Boulevard; 2) Planned Development Rezoning
to establish General Provisions and Development Regulations for the
existing 7.066 acre parcel (941-550-49 portion) and potentially
including the addition of two City of Dublin remnant parcels [941-550-
10-11 (por) and 12-7 (por)]; and 3) Tentative Map to divide the
existing 7.066 acre parcel (941-550-49 portion) into 9 separate lots
and potentially including the addition of two City of Dublin remnant
parcels [941-550-10-11 (por) and 12-7 (por)]; and
WHEREAS, the Planning Commission did hold a public hearing on said
application on November 1, 1993; 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
provisions of the California Environmental Quality Act (CEQA) and a
Negative Declaration has been prepared for this project as it will not
have a significant effect on the environment; and
WHEREAS, the Staff Report was submitted recommending the Planning
Commission recommend city Council approval of the application; and
WHEREAS, the Planning Commission did hear and consider 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 Rezoning will be appropriate for the
subject property in terms of providing a range of permitted
and conditionally permitted uses which will be compatible to
existing and proposed land uses in the immediate vicinity;
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; and
e
The Planned Development Rezoning will not overburden public
services; and
The Planned Development Rezoning will be consistent with the
General Plan.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby
recommend that the City Council approve PA 93-052 Planned Development
Rezoning as shown by materials labeled Exhibit A stamped approved and
on file with the Dublin Planning Department subject to the related
General Plan Amendment, Tentative Map and to the following conditions.
CONDITIONS OF APPROVAL:
Unless stated otherwise, all Conditions of Approval shall be complied
with prior to recordation of the Final Map, and shall be subject ~o
Planning Department review and approval. The following codes represent
those departments/agencies responsible for monitoring compliance of the
conditions of approval. [PL] Planning, lB] Building, [PO] Policel, [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).
PA 93-052 BJ Dublin Commercial Planned Development Rezoning is
approved to establish Findings and General Provisions for the
existing 7.066 acre parcel [941-550-49 por)]. This approval shall
generally conform to the plans prepared by Wilsey & Ham,
consisting of 4 sheets, dated received by the Planning Department
on October 25, 1993, and the plan prepared by Banducci Associates
Architects, consisting of 1 sheet, dated received by the Planning
Department on August 27, 1993, labeled Exhibit A, stamped approved
and on file. [PL, PW]
The following principal uses are permitted in PA 93-052 PD
District: [PL]
Se
f.
g.
h.
i.
j.
k.
wholesale/retail stores (including membership stores)
restaurants (sit down)
business, professional, medical, veterinary offices
auto service, repair and parts (cleaning & 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)
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The following uses are conditional uses in PA 93-052 PD District,
subject to approval of a Conditional Use Permit: [PL]
ge
daycare
drive-thru businesses
commercial amusement/recreation
automobile dealerships (new, used car sales, rental
lots)
research and development
outdoor storage yard (must be enclosed by a solid wall
or fence)
nurseries with outdoor storage/display
If one or both of the City of Dublin remnant parcels [APN 941-550-
10-11 (por) and 12-7 (por)] are acquired by the Subdivider prior
to the City Council Public Hearing on the Planned Development
Rezone, the acquired parcel(s) shall be included as part of this
Planned Development District.
Prior to issuance of a building permit, 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, joint landscaping and maintenance, and a joint sign
program, to ensure the quality of design and coordinated operation
of the individual parcels. [PL]
Ail lots shall observe a minimum lot size of 20,000 square feet.
[PL, PW]
The Planned Development District shall permit a substandard
effective lot frontage for Lot 2 of Tentative Map 6644, in a form
approved by the city Attorney. An irrevocable Common Access and
Public Utility Easement shall be recorded to across Lots 1 and 3,
which provides vehicular ingress and egress from Dougherty Road
and Dublin Boulevard for Lot 2. [PL, ADM, PW]
The Planned Development District shall permit off-site signage
located on freestanding signs. Businesses will be permitted to
advertise on freestanding signs which are located off-site (but
within this PD District), due to the signs' placement at the major
project entries within the PD District. [PL]
Except as specifically modified by these Conditions of Approval,
development and operation of land use activities within this PD,
Planned Development District 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. [PL]
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10.
Development occurring on the individual lots within the PD
District, shall be subject to approval of Site Development Review.
[PA]
11.
Development of any structure in this PD District, requiring Site
Development Review shall be subject to appropriate traffic
mitigation fees to mitigate off-site impacts impact attributable
to such development.
PASSED, APPROVED AND ADOPTED this 1st day of November, 1993.
AYES:
Commissioners Burnham, Downey, North, Rafanelli and Zika
NOES: None
ABSENT: None
Planning Commissio6 Chairperson
ATTEST:
Planning Direct~
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