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Home My WebLink About8.3 Attch 1 CC Ord Apprv AmendmentORDINANCE N0.9-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AN AMENDMENT TO THE PLANNED DEVELOPMENT DISTRICT OF DUBLIN RANCH AREA C SPECIFICALLY FOR THE PROJECT KNOWN AS FALCON GATEWAY COMMERCIAL CENTER LOCATED AT THE SOUTHWEST CORNER OF DUBLIN BOULEVARD AND FALCON ROAD IN AREA C OF DUBLIN RANCH (APN 985-0027-009-03) PA 08-034 THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN A5 FOLLOWS: Section 1. RECITALS A. By Ordinance No. 24-97, the City Council rezoned the approximately 452.6 acres known as the Dublin Ranch Areas B, C, D and E to a Planned Development (PD) Zoning District, which allows for commercial land uses at the Fallon Gateway project site (PA 08-034), which is a part of the PD District known as Dublin Ranch Areas B, C, D and E (PA 96-039). B. This Ordinance amends the Planned Development Zoning to establish architectural and landscape design criteria, specific parking standards and the permitted, conditional and temporary uses for the Fallon Gateway project site (PA 08-034), which is a part of the PD District known as Dublin Ranch Areas B, C, D and E (PA 96-039). Section 2. FINDINGS AND DETERMINATIONS A. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as follows: 1. The Planned Development amendment for the PD District known as Dublin Ranch Area C, specifically for the Fallon Gateway project (PA 08-034} meets the purpose and intent of Chapter 8.32 in that it provides a comprehensive development plan that is tailored to the commercial land uses proposed on the Project site and creates a desirable use of land that is sensitive to surrounding land uses by virtue of the layout and design, which is in close proximity to Dublin Boulevard and the I-580 freeway. 2. The proposed amendment will be harmonious and compatible with existing and potential development in surrounding areas because: 1) the land uses and site plan establish a commercial development (retail shopping center); 2) the proposed project is consistent with the Eastern Dublin Specific Plan and the PD District of Dublin Ranch Areas B- E; 3) the project site includes attractive landscaping and site elements including a location for public art, light fixtures, benches, plazas and pedestrian paths to create an attractive landscape palette and material palette for the shopping center; and 4) the Planned Development amendment includes design guidelines to create an attractive shopping center which is compatible with the surrounding developments. Page 1 of 10 ATTACHMENT 1 B. Pursuant to Section 8.120.OSO.A and B of the Dublin Municipal Code, the City Council finds as follows: The proposed PD amendment for Area C, specifically for Fallon Gateway, project will be harmonious and compatible with existing and potential development in the surrounding area because: 1) the land uses and site plan establish a commercial development (retail shopping center); 2) the proposed project is consistent with the Eastern Dublin Specific Plan and the PD District of Dublin Ranch Areas B- E; 3}the project site includes attractive landscaping and site elements including a location for public art, light fixtures, benches, plazas and pedestrian paths to create an attractive landscape palette and material palette for the shopping center; and 4) the Planned Development amendment includes design guidelines to create an attractive shopping center which is compatible with the surrounding developments. 2. The project site is physically suitable for the type and intensity of the zoning district being proposed because: 1) the project site will permit a Floor Area Ratio (FAR) of up to .35 which is consistent with the FAR established in the Rezoning of Dublin Ranch Areas B through E and the Eastern Dublin Specific Plan; 2) the proposed project will include retail and office uses which is consistent with the land use designations of General Commercial land use; and 3) as amended, the Planned Development rezone will permit a maximum of 516,992 square feet of retail floor azea which will maintain a FAR of up to .35 and will therefore be consistent with the PD District of Dublin Ranch Areas B-E and the Eastern Dublin Specific Plan; and 4) the amended zoning for the Fallon Gateway project has been designed to accommodate the topography of the Project site which typically is chazacterized as vacant, flat land suitable for the development of a shopping center and therefore physically suitable for the type and intensity of the proposed amendment to Dublin Ranch Area C. 3. The amendment to the PD District of Dublin Ranch Area C will not adversely affect the health or safety of persons residing or working in the vicinity or be detrimental to the public health, safety and welfare because the Project will comply with all applicable development regulations and standazds and will implement all adopted mitigation measures. 4. The proposed amendment to Area C Planned Development, as originally approved by Ordinance 24-97 and as amended by this Ordinance, is consistent with the Dublin General Plan and the Eastern Dublin Specific Plan because: 1) the proposed amendments to the use list aze compatible with the permitted, conditional and temporary uses established under the zoning ordinance; 2) the proposed amendments to the list of permitted, conditional and temporary uses aze consistent with the land use designations of the General Plan, the Eastern Dublin Specific Plan and the Fallon Gateway subazea which envisions a mix of regional and community serving retail on the project site; 3) the proposed amendment is compatible with the intent of the Eastern Dublin Specific Plan for the Fallon Gateway subarea and the PD District of Dublin Ranch Areas B - E; and 4) the amended PD for Area C includes design guidelines to create a cohesive and attractive shopping center which is compatible with development in the neighborhood. C. Pursuant to the California Environmental Quality Act, the City Council finds as follows: 1. The project is located within the Eastern Dublin Specific Plan area, which was the subject of an Environmental Impact Report (EIR) for the General Plan Amendment and Eastern Dublin Specific Plan (SCH # 91103064), certified by City Council Resolution 51-93 on May 10, 1993, with two addenda approved on May 4, 1994 and August 22, 1994. In 1997, a Negative Declazation for the Planned Development Rezoning of Dublin Ranch Areas B-E, which Page 2 of 10 includes the Fallon Gateway site, was approved by Resolution No. 140-97 of the City Council. After completion of an Initial Study, it was determined that the rezoning would not have significant environmental impacts which were not already adequately described and analyzed in the Program EIR. No further environmental review is needed for the Fallon Gateway project because the environmental impacts of this project were fully addressed and within the scope of the fmal EIR for the Eastern Dublin General Plan Amendment, Specific Plan and subsequent Addenda and the 1997 Negative Declaration and the project has been conditioned to comply with all mitigation measures adopted therein. Section 3. Approval of PD zoning amendment. Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code, the PD zoning is amended for the following property ("the Property"): 38.43+ gross acres for PA 08-034 (APN 985-0027-009-03) at the southwest corner of Dublin Boulevazd and Fallon Road and bordered by Dublin Boulevard, Fallon Road and Interstate 580 in Area C of Dublin Ranch. A map showing the project area subject to the Planned Development Amendment is shown below: Section 4. Approval of PD zoning text amendment. A. The General Provisions, Land Uses, of the Planned Development District (see Ordinance 24- 97, Resolution 141-97) is hereby amended for the Property to refine the permitted and other uses. Page 3 of 10 PD -General Commercial 1. Permitted Uses: a. Community and local serving retail uses including, but not limited to: 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 ImprovementlHazdwaze Store 9. Music Store 10. Hobby/Special Interest Store 11. Gift Shop 12. Jewelry 13. Drug Store 14. Toy Store 15. Pet Supplies Store 16. Book Store 17. Sporting Goods Store 18. Grocery/Food Store, including Specialty Foods such as meat, candy, health, etc 19. Video Rental 20. Home Furnishings 21. Art Gallery/Supply Store 22. Florist 23. Liquor/Wine Store 24. Parry Supplies 25. Picture Framing 26. Specialty Goods such as cooking supplies, housewazes, linen, window coverings, etc 27. Cosmetic Store 28. Permanent Kiosks, Newspaper/Magazine Stands and other similar outdoor retail sales associated or not associated with an existing business b. Regionally-oriented, high volume, retail uses including, but not limited to: 1. Discount Centers 2. Promotional Centers 3. Home Improvement Centers 4. Factory Stores 5. Furniture Outlets c. Services establishments including, but not limited to: 1. Bank/Savings and Loan/Financial Services 2. Travel Agent 3. HairBeauty Salon/Spa 4. Cleaner and Dryer/Dry Cleaning, no dry cleaning plant on premises 5. Athletic Club 6. Formal Weaz/Rental 7. Copying and Printing 8. Indoor Recreational Facility such as yoga, aerobics, martial arts, dance, etc Page 4 of 10 d. Hotels and Motels e. Eating and Drinking Establishments, including, but not limited to: 1. Restaurant, full-service/sit down 2. Restaurant, quick-service/high turnover 3. Micro-Brewery 4. Bar/Cocktail Lounge/Wine Bar 5. Specialty Eating and Drinking Establishments -sit down or take away, with no table service, including such uses as a coffee house, delicatessen, bakery, ice cream shop, smoothie shop, sandwich shop, or other uses determined as to be similaz. These uses typically have a retail component to the business and are permitted throughout the project in any location. 6. Outdoor Dining Areas (supplemental to an existing indoor restaurant). Outdoor Dining Area is defined as a controlled outdoor dining space (not enclosed in a building, but enclosed with a fence or barrier), which is supplemental to an indoor restaurant and dedicated to the use of a single tenant or tenants. 7. Undesignated Outdoor Seating (located in common public areas usable for both informal seating and dining not dedicated to a specific tenant). 2. Conditional Uses, including, but not limited to: a. Animal Hospital, Veterinarian b. Public and semi-public facilities c. Community Facility d. Service Station, (No Repair Facilities Allowed -Not to be located at the corner of Fallon Road and Dublin Boulevard) e. Out-patient health facilities as licensed by the State Department of Health Services; f. Nightclub/Dance floor g. Indoor movie theater h. Video Arcade i. Daycare Center j. Temporary Kiosks, Newspaper/Magazine Stands and other outdoor retail sales associated or not associated with an existing business k. Other uses that could possibly meet the intent of the General Commercial land use designation 1. Stand-alone Outdoor Drinking/Dining Area (not associated with a restaurant). Stand-alone Outdoor Drinking/Dining Area is defined as a tenant and/or use that is stand-alone {not supplemental to an indoor restaurant) and where all or a majority of the seating space is outside. Examples include a wine or liquor bar. m. Massage Establishments n. Drive-through Facilities 3. Temporary Uses, including, but not limited to: a. Arts and Crafts Fair b. Christmas Tree and other seasonal Sales c. Farmer's Market d. FestivaUStreet Fair e. Sidewalk Sales f. Pazking Lot Sales g. Construction Trailer Page 5 of 10 4. Uses not listed. If a proposed use of land is not specifically included above, the use shall not be allowed unless the Community Development Director makes a determination otherwise in accordance with the procedures in Chapter 8.04.060.C of the Dublin zoning ordinance. B. The Planned Development District (see Ordinance 24-97, Resolution 141-97) is hereby amended for the Property to establish the following parking standards: Parking Spaces Required: 1,291 based upon 379,053 square feet of development. The number of required parking spaces will increase if the proposed total square footage for the commercial center increases. Retail • General Retail 1 space per 300 square feet • Furniture/Lazge Appliances/Flooring 1 space per 400 square feet Eating & Drinking Establishments • Full Service/Sit Down Restaurant 1 space per 100 square feet of floor area that is accessible to customers plus 1 space per 200 square feet of floor area not accessible to customers (i.e., kitchen, storage areas, coolers) • Quick Service/High Turnover Restaurant 1 space per 100 squaze feet • Specialty Eating & Drinking Establishment (including such food uses as sit down or take 1 space per 300 square feet away with no table service, including a coffee house, delicatessen, bakery, ice cream shop, smoothie shop or others determined to be similar) • Outdoor Dining Area (controlled space; 1 space per 200 square feet supplemental and dedicated to an indoor restaurant) • Stand-Alone Outdoor Drinking/Dining Area 1 space per 100 square feet (not supplemental to an indoor restaurant) • Restaurant with Drive-Thru Facilities 1 space per 100 square feet Office 1 space per 300 square feet Bank or Financial Services 1 space per 250 squaze feet Notes: • If an office use (not incidental to a retail or restaurant use) or a financial service use is established in the Project, additional pazking shall be provided at the rates noted above. Page 6 of 10 • Any undesignated outdoor seating located in common public areas usable for informal seating or dining and not dedicated to any specific tenant is not required to provide additional parking. • Small retail kiosks, newspaper/magazine stands and outdoor vendor sales (involving products associated or not associated with an existing business) located in the project's common areas are not required to provide additional parking. • Any outdoor seating/dining area associated with a single grocery tenant in the project is not required to provide additional parking. • If any other permitted uses aze established that have different parking requirements per Chapter 8.76 of the Dublin Zoning Ordinance, parking spaces shall be provided accordingly. C. The Planned Development District (see Ordinance 24-97, Resolution 141-97) is hereby amended for the Property to establish the following architectural standards: 1. The azchitectural design of the Fallon Gateway project site shall reflect the following standards as illustrated in the representative architectural features. 2. The project shall provide a gateway statement at each corner of the Dublin Boulevard and Fallon Road intersection which incorporates both architectural and landscape elements. 3. The architectural design of the Project shall be iconic and present an identifiable and visually significant entry to the City and Dublin Ranch. 4. The architectural design character of Fallon Gateway presented with the first phase shall be carried into subsequent phases of the project to maintain consistency by utilizing a variety of materials, colors and texture to provide visual interest without creating a chaotic appearance. 5. Smaller retail buildings shall have a similar level of material and design quality on all four sides of the structures. Large plate retail buildings shall carry over varied material and color patterns where visible to major thoroughfazes. 6. The project site shall integrate multi-functional outdoor spaces for customers to gather and socialize. Such spaces shall have landscaping, seating and other features to provide amenities. 7. Design concepts shall reflect the general overall character and design themes of Dublin Ranch such as warm colors, natural and rustic materials and design elements. 8. The project shall include pedestrian routes linking the different retail clusters together. 9. The project shall provide varied building and roofline massing and articulation to create human scale and interest. 10. The building bases shall be of durable materials or protected by furniture, planters, raised curbs, etc. to prevent damage by shopping carts. 11. The loading docks facing I-580 and public thorough fares shall have screening to limit the impacts of negative views. 12. The parking lots shall provide a sufficient number of tree planting wells to provide shade uniformly and reduce heat island effect. Page 7 of 10 ~.,;~.~.R'^~ wl wM~4 ~YYYIe~l1O~ qtr ~~ `. 1 TaweR ~ TOW Elt ~ .~.,~ ~.. MYK w~ ww~.i wiw-OUMO~~KIPM/ t1~D W~I~/MC/ Wn ~gIM'IW~M /{'4YLQMNLINM ' K~~~ TOWERS 'roWFA4 rowFRS ~ uowr ~c..e.. ~~dnto~e~a ,.' ~•3a~~1~ .awra+ru ~'= .wr~o~~~ .~wn~c a~~ nw~ora~- ... _ . _ ._ _ - - - - DAY TIMR AT ENTRY PLAZA nr w..e. r...n e.r rwo rer .r~ . ~.~t wrrt. ~ nw- cnc oaw s saoP aLEVAncx Page 8 of 10 Section 5. Except as specifically modified by this ordinance and the existing Planned Development District zoning (see Ordinance 24-97, Resolution 141-97), in accordance with Section 8.32.060.C of the Dublin Zoning Ordinance all development in the Planned Development District site shall be subject to the regulations of the C-2, General Commercial, zoning district, and of the Zoning Ordinance. Section 6. All provisions of the Planned Development rezone approved through Ordinance 24-97, Resolution 141-97 shall remain in full force and effect except as expressly modified herein. Section 7. EFFECTIVE DATE AND POSTING OF ORDINANCE This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause the Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. Page 9 of 10 PASSED, APPROVED AND ADOPTED this 16th day of June 2009, by the following vote: AYES: Councilmembers, Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None Mayor ATTEST: r Q_- ~rG^P ity Clerk Ord 9-09, Adopted 6-16-09, Item 4.3 Page 10 of 10