HomeMy WebLinkAboutReso 006-95 PD Rez SantaRitaRESOLUTION NO. 6-95
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AND ESTABLISHING 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 public hearings on said application on December 19,
1994; January 3, 1995; and January 17, 1995 and did adopt Resolution No. 95-01, recommending that the City
Council certify the Mitigated Negative Declaration and adopt the Mitigation Monitoring Program; Resolution
No. 95 -02, recommending that the City Council approve the Planned Development Rezoning request;
Resolution No. 95 -03 recommending that the City Council approve the Development Agreement; and
recommending further that the City Council support, in concept, the preparation of a Greenway Study along
Tassajara Creek and further recommending that the City Council support continuing to work with the East Bay
Regional Park District on trails consistent with the City' s Parks and Recreation Master Plan and Eastern Dublin
Specific Plan; 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 CCEQA") 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 City Council approve the application
subject to conditions prepared by Staff, and
WHEREAS, the City Council did hear and use their independent judgment and consider all said reports,
recommendations and testimony hereinabove set forth..
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council 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
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,
As demonstrated in the matrix attached and made a part of the Mitigated Negative Declaration,
the Planned Development Rezoning will be consistent with the Dublin General Plan and the
Eastern Dublin Specific Plan including all the policies therein; 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 City Council does hereby 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 754- acre
parcel 946-15-1- 4 (pot).
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
B,
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:
2.
3.
4.
5.
6.
7.
8.
9.
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
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11
12
13
14
15
16
17.
18.
19.
20.
Hobby/Special Interest Store
Gifts/Specialty Store
Jewelry and Cosmetic Store
Drug Store
Auto Parts Store
Toy Store
Book Store
Pet Supplies Store (including in-store veterinary clinic)
Sporting Goods Store
Grocery/Food Store
Automobile Service
and similar uses that sell goods based on price and quality.
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:
1. Community, religious and charitable institutional facilities
3.
4.
5.
7.
8.
9.
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 sortscape (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 800,000+ 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.
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D,
F,
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
alternative 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 dear 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 fight-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
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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. it.
Restaurant 7/1000 sq.
Theater 1/5 seats
Office 4/1000 sq. it.
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 concerned 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.
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.
M. 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.
The Master Sign Program will be submitted for review with the Site Development Review
package.
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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 City Council does hereby approve PA 94-001
Planned Development Rezoning 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, [DSK] Dublin San Ramon Services District, [CO] Alameda County Flood Control &
Water Conservation District (Zone 7).
11.
Developer shall work with LAVTA to establish the need, routes and bus schedule for this project prior to
Site Development Review (SDR). [PW]
12.
13.
14.
Developer shah 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. [PW]
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 Pdta Commercial Center project
develop s, all the action measures of the Eastern Dublin Specific Plan and Mitigation Measures of the
Eastern Dublin FEIK pertaining to Tassajara Creek adjacent to this project will be activated and
completed or guaranteed for completion. [PL]
Prior to obtaining building permits, the applicant must receive Site Development Review (SDR) approval
from the City of Dublin City Council for PA 94-001. Said application for SDR approval shall include a
visual survey to insure scenic vistas as identified in the Eastern Dublin Specific Plan and FEIR are not
blocked. [PL]
15.
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]
16.
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]
17.
The location and siting of project specific wastewater, storm drain and potable water system
infrastructure shall be consistent with the resource management policies of the Eastern Dublin Specific
Plan. [PL, PW]
18.
Any proposed modifications or alterations to Tassajara Creek shall be japproved 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, PL]
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19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29
30.
31.
32.
Developer shall pay a Traffic Impact Fee (TIF) based on the adopted Eastern Dublin TIE 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. [13]
The refuse collection areas wkhin 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]
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 Hornart 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 developeri who shall benefit, in financing
construction of needed new chlorination-~uoridation stations at the proposed Zone 7 turnouts in the
1
Eastern Dub in 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 Dublifts Urban RunoffProgram 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 drain 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 loaquin 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[
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33.
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.
34.
The Developer shall contact the Alameda County Agricultural Department and develop and distribute a
handout to tenants regarding the safe use ofrodenticides 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.
35.
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.
36.
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 in conformity with the Master Drainage Plan.
38.
Notwithstanding Sections 8-95.0 et.seq. of the City's Zoning Code an~ Section 8-95.060 in particular,
the City Council shall be the approving body for the Site Development Review application for the Santa
Rita Commercial Center Project (PA 94-001). The City Council shall consider the Site Development
Review application at a public meeting and shall make the findings pursuant to Section 8-95.070.
Notwithstanding Section 8-95.090 of the Zoning Code, the decision of the City Council on the Site
Development Review application shall be effective immediately. Any waiver of Site Development
Review shall be consistent with Section 8-95.100. Notwithstanding Section 8-95.110, any revision or
modification of the Plan approved shall be heard and decided by the Planning Director.
PASSED, APPROVED AND ADOPTED this 31st day of January, 1995.
AYES: Councilmembers Barnes,
NOES: None
ABSENT: None
Burton, Howard, Moffatt & Mayor Houston
Mayor
(1994~PA94-00Brespdrcc)
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