HomeMy WebLinkAboutReso 034-90 PD Rez 1stWestDevRESOLUTION NO. 34 - 90
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ADOPTING A RESOLUTION ESTABLISHING FINDINGS AND GENERAL PROVISIONS
FOR A PD, PLANNED DEVELOPMENT DISTRIGT REZONING
PA 89-050 FIRST WESTERN DEVELOPMENT
WHEREAS, the applicant Rick Hess representing the property owners, First
Western Development and Metropolitan Life Insurance Company, filed an
application to rezone the 7± acre site on the southeast corner of Amador Valley
Boulevard and Amador Plaza Road from C-1 to PD, Planned Development; and
WHEREAS, on February 20, 1990, the Planning Commission held a public
hearing, considered all reports, recommendations and testimony and recommended
City Council adoption of an ordinance to rezone the First Western Development
site, PA 89-050 to PD District and adopt a resolution establishing General
Provisions for the PD District; and
WHEREAS, on March 12, 1990, the Dublin City Council held a Public
Hearing, closed the public hearing, and continued the item to March 26, 1990;
and
WHEREAS, proper notice of said public hearing was given in all respects
as required by law; and
WHEREAS, this application has been reviewed in accordance with the
provisions of the California Environmental Quality Act and the City Council
adopted a Negative Declaration of Environmental Significance Resolution
No. 33-90 for this project, as the rezoning will have no significant effect on
the environment; and
WHEREAS, the Staff Report and Planning Commission recommendation
recommended the City Council rezone the property to a PD, Planned Development
District allowing a general range of specialty retail shopping and restaurant
uses which, along with site specific development criteria, would be consistent
with the goals and objectives identified in the City's General Plan and the
Dublin Downtown Specific Plan; and
WHEREAS, the City Council did hear and consider all said reports,
recommendations and testimony herein above set forth.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby
find that:
1o Rezoning the property to a PD, Planned Development District, will
be appropriate for the subject property in terms of providing a range of
allowable and conditionally allowable uses which will be compatible to existing
and proposed land uses in the immediate vicinity and conforming to the
underlying land use designation; and
2. The 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
3. The rezoning will not overburden public services; and
4. The rezoning is consistent with the Dublin General Plan and
Downtown Specific Plan.
BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby adopt the
following general provisions for the 7± acre First Western Development project
site, PA 89-050:
PA 89-050 PD, Planned Development District is established to provide
areas for specialty retail shopping and restaurant uses with pedestrian
orientation encouraged. It is the intent of this PD District to create
an area in which commercial development on separate adjacent parcels
function as a single shopping complex. Uses and development of property
within this PD District shall be subject to the provisions of the C-1
District except as modified through the General Provisions for said PD
(PA 89-050).
2. The following principal uses are permitted in PA 89-050 PD District:
a. Retail - including but not limited to: books, clothing, shoes,
jewelry, appliances or specialty stores.
b. Full Service Restaurants - Non Fast Food
(Fast Food Restaurant means a relatively high-volume restaurant
providing seating facilities and serving take-out food such as
hamburgers, tacos, chicken or sandwiches. Fast food restaurants
typically serve prepared or rapidly prepared meals. Food is
typically served in disposable containers.)
c. Office - located above ground floor.
d. Service commercial - uses oriented toward serving the needs of
residents and employees in the area, including but not limited to:
Dry Cleaners
Barber & Beauty Shops
Tailor Shop
Camera, Watch or Shoe Repair
3. The following uses are conditional uses subject to approval of a
Conditional Use Permit:
Commercial recreation/entertainment - a public or private use or
development providing amusement, pleasure or sport operated
primarily for financial gain. Uses include but are not limited to:
arcade video games, dance floors, theaters.
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b. Residential
Development within this PD District (PA 89-050) shall comply with the
following development standards:
a. Maximum permitted building height: 35 feet
b· Maximum permitted floor area ratio: .30*
* Maximum floor area ratio shall be on a district wide basis, not a
per parcel basis.
Setbacks subject to Site Development Review approval. Parcel A
shall maintain a clear zone free of buildings extending from the
west property line of Parcel B westward to Amador Plaza Road (See
Exhibit A, area labeled Clear Zone).
Setbacks may be modified subject to review and approval of a PD
Rezoning.
Development within the PD District shall be subject to approval of Site
Development Review.
Development of any new buildings may occur within the northwestern
portion of Parcel A (see Exhibit A, area labeled Future Development Area)
subject to Site Development Review approval.
Maximum allowable building square footage of said building shall be
determined during Site Development Review subject to compliance
with City of Dublin parking, building height and floor area ratio
(site coverage) Zoning Regulations and General Provisions for PA
89-050.
Development in any other portion of the PD District inconsistent with the
general provisions for PA 89-050 shall be subject to Conditional Use
Permit approval upon the Planning Director's determination that the
proposed development will .constitute a minor modification to the PD
District. Upon the Planning Director's determination that the proposed
development will constitute a major modification, said modification shall
be subject to Planned Development Rezoning approval.
Parking requirements within the PD District shall comply with the parking
requirements established in the Dublin Downtown Specific Plan.
All signs within PD District PA 89-050'shall comply with the regulations
established in the City's Sign Ordinance except as specifically modified
through these general provisions. The PD general provisions related to
signage may be modified subject to Site Development Review approval.
All signs shall be subject to review and approval of the Planning
Director prior to installation.
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Parcel A
Wall Signs - existing wall signs shall continue to comply with
previous sign approvals for existing on-site uses, T.J. Maxx,
Circuit City and Oshman's. Any new signs or modifications
(modification does not include repair) to existing signs shall
comply with the regulations established in the City's Sign
Ordinance including but not limited to sign area, height and
length.
Freestanding Signs - The existing freestanding sign shall continue
to comply with the previous freestanding sign approval for the
site.
1) Only one freestanding sign shall be permitted on Parcel A.
2)
Any modification to sign height, area or locationof the
freestanding sign shall be subject to review and approval of
the Planning Director.
3) Sign heights in excess of 20 feet shall be subject to review
and approval of a Conditional Use Permit.
Parcel B
c. Wall Signs Wall signs on the approved 10,000 square foot building
on Parcel B shall comply with the following provisions:
1) Primary Frontage (West Elevation):*
Maximum Sign Area: 10% of tenant frontage surface area
available for signage not to exceed 335 square feet total
signage for the entire west elevation.
Maximum Letter Height (individual illuminated letters): 30
inches
Maximum Sign Length: 60% of width of tenant business space
2) Secondary Frontage (North and South Elevations):*
Maximum Sign Area: 7.5% of tenant's frontage surface area
available for signage.
Maximum Letter Height (individual illuminated letters): 24
inches (2 feet)
Maximum SignLength: 10 feet
3)
* Exception: Tenant wall signs for "KuppenheimeR" shall
generally comply with the plans dated received July 7, 1989,
prepared by United Sign Corporation on file in the Dublin
Planning Department and labeled Exhibit A.
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Primary/Secondary Frontages (West and South Elevations)
Maximum Sign Area: 56 square feet
Maximum Letter Height:
28 inches - the K and R in
"KuppenheimeR" (individual
illuminated letters)
18.5 inches letters in between K
and R (individual illuminated
letters)
16 inches - sign cabinet "Men's
Clothiers"
Maximum Total Height: 38 inches
Maximum Sign Length: 17 feet, 7 inches
4)
The east building elevation may be considered a
Secondary Building Frontage for City Sign Ordinance
purposes if a Conditional Use Permit is granted. In
order to grant a Conditional Use Permit for signage on
the east building elevation, the decision making body
must find, based upon facts in the record, that:
a) The color, size, shape, lighting intensity,
and other physical design characteristics of the
signage will not have any adverse effect on traffic
safety conditions and safe traffic operations on 1-680.
b) The signage will be proportionate with human
scale as visible to traveler on 1-680.
c) The signage meets all other applicable
provisions of the City Sign Ordinance with the
exception that the projection of the east building
elevation need not be in a roadway or public open space
area such as a private street, an open plaza or square,
or an auto parking area, per Section 8-87.10(s).
Freestanding Signs - No freestanding signs shall be permitted on
Parcel B.
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10.
Development of any structure in this PD, Planned Development District,
requiring Site Development Review shall be subject to traffic mitigation
fees as set forth in the City's traffic mitigation fee ordinance or
resolution in effect at the time of development.
PASSED, APPROVED AND ADOPTED this 26th day of March, 1990.
AYES:
Councilmembers Hegarty, Jeffery, Snyder, Vonheeder and Mayor
Moffatt
NOES: None
ABSENT: None
Mayo
ATTEST:
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