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Home My WebLink AboutReso 004-94 BJ Comm PDRez RESOLUTION NO. 4 - 94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVINGAND ESTABLISHING 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 (pot), 9-17, 10-17, 10-11 (por) and 12-7 (pot)] 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 (por)]; and 3) Tentative Map to divide the existing 7,066 acre parcel [941-550-49 (por)] into 9 separate lots; and WHEREAS, the Planning Commission did hold a public hearing on said application on November 1, 1993 and did adopt Resolution No. 93-037, recommending that the City Council approve the Negative Declaration, Resolution No. 93-038, recommending that the City Council adopt the General Plan Amendment, Resolution No. 93-039 recommending that the City Council approve the Planned Development Rezoning request and Resolution No. 93-040, recommending that the City Council approve the Tentative Map request; and WHEREAS, the City Council did hold a public hearing on said application on January 10, 1994; 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 of Environmental Significance has been adopted (City Council Resolution No. 127 - 93). The project, as proposed, will not have a significant effect on the environment; and WHEREAS, the Staff Report was submitted recommending that the Planned Development Rezone application be conditionally approved; and WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED TEAT THE Dublin City Council 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 with existing and proposed land uses in the immediate vicinity. 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. The Planned Development Rezoning will not overburden public services. The Planned Development Rezoning will be consistent with the General Plan. BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby approve PA 93-052 BJ Dublin Commercial Planned Development Rezoning as shown by materials labeled Exhibit A, stamped approved and on file with the Dublin Planning Department subject to the requirements of the related General Plan Amendment and Tentative Map and subject 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 to Planning Department review and approval. The following codes represent those departments/aqencies 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, [COl 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] 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) 2 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) The following uses are conditional uses in PA 93-052 PD District, subject to approval of a Conditional Use Permit: [PL] 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 veterinary offices with an overnight caretaker 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] 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, joint landscaping and maintenance, and a joint sign program, to ensure the quality of design and coordinated operation of the individual parcels. [PL] All 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 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] 3 Development occurring on the individual lots within the PD District, shall be subject to approval of Site Development Review. [PL] 10. 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 attributable to such development. [PL, PW] PASSED, APPROVEDAND ADOPTED this 10th day of January, 1994. AYES: Councilmembers Burton, Howard, Moffattand Mayor Snyder NOES: None ABSENT: None ABSTAIN: Councilmember Houston / Mayor ATTEST: