RESOLUTION NO 09XX

A RESOLUTION OF THE PLANNING COMMISSION

OF THE CITY OF DUBLIN

RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING THE

PLANNED DEVELOPMENT DISTRICT OF DUBLIN RANCH AREA C SPECIFICALLY FOR THE

PROJECT KNOWN AS FALLON GATEWAY COMMERCIAL CENTER LOCATED AT THE

SOUTHWEST CORNER OF DUBLIN BOULEVARD AND

FALLON ROAD IN AREA C OF DUBLNRANCH

APN985002700903PA 08034

WHEREAS the Applicant Jaynes Tong on behalf ofStanforth Holdings Company LLC submitted an

application for a Planned Development Rezone of the General Commercial portion of Area C Planned

Development and a Site Development Review for a 379053 square foot retail commercial center Fallon

Gateway located on the 3391 net acre project site and

WHEREAS the project area boundaries are Dublin Boulevard to the north Interstate 580 to the south

avacant piece ofproperty approved for Campus Office to the west and Mallon Road to the east and

WHEREAS on December 2 1997 the City Council approved a Rezone for the approximately 4526

acres known as the Dublin Ranch Areas B C D and E to a Planned Development Zoning District Ordinance

No 2497 and

WHEREAS the Draft amended General Commercial portion of Area C Planned Development is

attached as Exhibit A and incorporated herein by reference and

WHEREAS a Staff Report dated April 28 2009 and incorporated herein by reference described and

analyzed the proposed amendment to the Area C Planned Development Zoning District and

WHEREAS the California Environmental Quality Act CEQA together with State guidelines and Cityenvironmental regulations require that certain projects be reviewed for environmental impacts and that

environmental documents be prepared and

WHEREAS the project is located within the Eastern Dublin Specific Plan area which was the subjectof an Environmental Impact Report EIR for the General Plan Amendment and Eastern Dublin Specific Plan

SCH 91103064 certified by City Council Resolution 5193 on May 10 1993 with two addenda approvedon May 4 1993 and August 22 1994 In 1997 a Negative Declaration for the Planned Development Rezoningof Dublin Ranch Areas BE which includes the Fallon Gateway site was approved by Resolution No 14097

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 ProgramEIR 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 final 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 adapted therein and

ATTACHMENT 1

WHEREAS the Planning Commission reviewed the Staff Report at a noticed public hearing on April28 2009 at which time all interested parties had the opportunity to behard

WHEREAS the Planning Commission did use its independent judgment and considered all said

reports recommendations and testimony hereinabove set forth

NOW THEREFORE BE IT RESOLVED that the Planning Commission of the City ofDublin does

hereby make the following findings and determinations regarding said amendment to the General Commercial

portion of Area C ofDublin Ranch Planned Development Zoning

A The proposed amendment will be harmonious and compatible with existing and potential developmentin surrounding areas because 1 the land uses and site plan establish a commercial development retailshopping center 2 the proposed project is consistent with the pastern Dublin Specific Plan and the PD

District ofDublin 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 creat an attractive shopping center that is

compatible with the surrounding area

B The subject site is physically suitable for the type and intensity of the zoning district being proposedbecause 1 the project site will have a Floor Area Ratio FAR up to 35 which is consistent with the

FAR established in the Rezoning ofDublin Ranch Areas B through E and the Eastern Dublin SpecificPlan 2 the proposed project will include retail and office uses which is consistent with the land use

designations of General Commercial land use 3 as amended the Planned Development for the General

Commercial portion ofArea C will permit a maximum of 516592 square feet of retail floor area which

will maintain a FAR up to 35 and will therefore be consisten with the PD District of Dublin Ranch

Areas BE and 4 the amended zoning for the Fallon Gateway project has been designed to

accommodate the topography of the Project site which typically is characterized as vacant flat land

suitable for the development of a shopping center and therefore physically suitable for the type and

intensity ofthe proposed amendment to Dublin Ranch Area C

C The proposed project 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 1 the Project will complywith all applicable development regulations and standards and will implement all adopted mitigationmeasures

D The proposed amendment to the Area C Planned Development originally approved by Ordinance 2497

and amended as shown in Exhibit A attached is consistent with the Dublin General Plan and the Eastern

Dublin Specific Plan because 1 the proposed amendments to the use list are compatible with the

permitted conditional and temporary uses established under the zoning ordinance 2 the proposedamendments to the list ofpermitted conditional and temporary uses are consistent with the land use

designations of the General Plan the Eastern Dublin Specific Plan and the Fallon Gateway subarea

which envisions a mix of regional and community serving retail on the project site 3 the proposedamendment is compatible with the intent of the Eastern DubliiSpecific Plan for the Fallon Gatewaysubarea 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

2

E The Planned Development amendment for the PD District known as Dublin Ranch Area C and

specifically for the Fallon Gateway project PA 08034 meets the purpose and intent of Chapter 832 of

the City ofDublin Zoning Ordinance because 1 the project 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 theI580 freeway and 2 the amended PD for Area C includes

design and landscape criteria to create an attractive shopping center which is compatible with the

surrounding developments

F The proposed amendment will be harmonious and compatible with existing and potential developmentin surrounding areas because 1 the proposed development is ccnsistent with the approved developmentfor this property as approved under the rezoning of Dublin Ranch Areas B through E as referenced in

Ordinance 2497 2 the proposed development is consistent with the type of development regionalserving retail as envisioned in the Eastern Dublin Specific Plan 3 storage areas mechanical equipmentand loading areas are focused away from the center of the shopping center and the main streets and

have been screened from view to create an attractive environment and 4 the layout of the shoppingcenter has been designed with respect to adjacent properties

BE IT FURTHER RESOLVED that the Dublin Planning Commission recommends that the CityCouncil adopt the attached ordinance amending the General Commercial site ofArea C consisting of 3391 net

acres of property at the southwest corner of Dublin Boulevard and Fallon Road to establish architectural and

landscape design criteria specific parking standards and the permittid and conditional uses for the Fallon

Gateway retail center PA 08034 based on findings that the amendment to the PD zoning and project as a

whole is consistent with the General Plan and the Eastern Dublin Specific Plan is consistent with the purpose

and intent of the Planned Development zoning district and that development of Fallon Gateway retail center

project will be harmonious and compatible with existing and future development in the surrounding area

PASSED APPROVED AND ADOPTED this 28th day ofApr 12009 by the following vote

AYES

NOES

ABSENT

ABSTAIN

Planning Commission Chair

ATTEST

Planning Manager

GIPAM20081PA 08034Fallon Gateway Target Oannirg Commission428091PCResoPD0rdredlineD9C

12235311

3

ORDINANCE NO XX 09

AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

APPROVING AN AMENDMENT TO THE PLANNED DE17ELOPMENT DISTRICT OF

DUBLIN RANCH AREA C SPECIFICALLY FORTHE PROJECT KNOWN AS FALLON

GATEWAY COMMERCIAL CENTER LOCATED AT THE SOUTHWEST CORNER OF

DUBLIN BOULEVARD AND FALLON ROAD IN ARE C OF DUBLIN RANCH

APN985002700903PA08034

THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS

Section 1 RECITALS

A By Ordinance No 2497 the City Council rezoned the approximately 4526 acres known

as the Dublin Ranch Areas B C D and E to a Planned Developmenr PD Zoning District which allows

for commercial land uses at the Fallon Gateway project site PA 8034 which is a part of the PD

District known as Dublin Ranch Areas B C D and E PA 96039

B This Ordinance amends the Planned Development Zoning to establish architectural and

landscape design criteria specific parking standards and the permitted and conditional uses for the Fallon

Gateway project site PA 08034which is apart of the PD District known as Dublin Ranch Areas B CD and E PA 96039

Section 2 FINDINGS AND DETERMINATIONS

A Pursuant to Section832070 ofthe 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 08034meis the purpose and intent of Chapter832 in that it provides acomprehensive 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 theI580 freeway

2 The proposed amendment will be harmonious and compatible with existing and potentialdevelopment in surrounding areas because 1 the proposed development is consistent with the

approved development for this property as approved under the rezoning ofDublin Ranch Areas

B through E and 2 the proposed development is consistent with the type of developmentregional serving retail as envisioned in the Eastern Dublin Specific Plan

B Pursuant to Section8120050Aand B of the Dublin Municipal Code the City Council finds as

follows

1 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 in

Page 1 of 10 EXHIBIT A TO

ATTACHMENT 1

that 1 the land uses and site plan establish a commercial development retail shoppingcenter 2 the proposed project is consistent with the EastrnDublin Specific Plan and the PD

District ofDublin 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 pathstocreate an attractive landscape palette and material palette for the shopping center and 4 the

Planned Development amendment includes design guidelines to create an attractive shoppingcenter which is compatible with the surrounding developments

2 The project site is physically suitable for the type and intensity of the zoning district beingproposed because 1 the project site will permit aFloor 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 of516992 square feet of

retail floor area which will maintain a FAR of up to 35 and will therefore be consistent with

the PD District of Dublin Ranch Areas BE 4 the amended zoning for the Fallon Gatewayproject has been designed to accommodate the topography of the Project site which typically is

characterized 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 PI 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 healthsafety and welfare because the Project will comply with all applicable development regulationsand standards and will implement all adopted mitigation measures

4 The proposed amendment to Area C Planned Development as originally approved byOrdinance 2497and as amended as shown in Exhibit A attached is consistent with the Dublin

General Plan and the Eastern Dublin Specific Plan because 1 the proposed amendments to

the use list are 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 are consistent with the land use designations of the General Plan the

Eastern Dublin Specific Plan and the Fallon Gateway subarea 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 ofDublin Ranch Areas B E and 4 the amended PD for Area C includes

design guidelines to create acohesive 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 5193 on May 10

1993 with two addenda approved on May 4 1993 and August 22 1994 In 1997 aNegativeDeclaration for the Planned Development Rezoning o 7 Dublin Ranch Areas BE which

includes the Fallon Gateway site was approved by Resolution No 14097of the City Council

After completion of an Initial Study it was determined that the rezoning would not have

significant environmental impactswhich were not already adequately described and analyzedin the Program EIR No further environmental review is needed for the Fallon Gateway project

Page 2 of 10

because the environmental impacts of this project were fully addressed and within the scope of

the final EIR for the Eastern Dublin General Plan Amendment Specific Plan and subsequentAddenda and the 1997 Negative Declaration and the project has been conditioned to complywith all mitigation measures adopted therein

Section 3 Map of the Property

Pursuant to Chapter 832 Title 8 of the City ofDublin Municipal Code the Rezoning of Area C applies to

the following property the Property

3843 gross acres for PA 08034 APN 985002700903 at the southwest corner of Dublin

Boulevard and Fallon Road and bordered by Dublin Boulevard Fallon Road and Interstate 580 in

Area C of Dublin Ranch

It is anticipated that a parcel map will be submitted and that the project site will be further

subdivided

A vicinity map showing the proposed rezone is shown below

Section 4 APPROVAL

A The Planned Development District is hereby amended for the General Commercial portion of

Area C to establish the following uses

PD General Commercial

For any uses not contained within the list herein refer to Chapter 812 of the Dublin Zoning Ordinance

The subject property has an underlying zoning ofC2 General Commercial

Permitted Uses

a Community and local serving retail uses including but not limited to

1 General Merchandise Store

2 Discount Warehouse Retail Store

3 ClothingFashion Store

Page 3 of 10

4 Shoe Store

5 Home Furnishing Store

6 Office Supply Store

7 Home ApplianceElectronics Store

8 Home ImprovementHardware Store

9 Music Store

10 HobbySpecial Interest Store

11 Gift Shop12 Jewelry13 Drug Store

14 Toy Store

15 Pet Supplies Store

16 Book Store

17 Sporting Goods Store

18 GroceryFood Store including Specialty Foods such as meat candy health etc

19 Video Rental

20 Home Furnishings21 Art GallerySupply Store

22 Florist

23 LiquorWine Store

24 Party Supplies25 Picture Framing26 Specialty Goods such as cooking supplies housewares fir en window coverings etc

27 Cosmetic Store

28 Permanent Kiosks NewspaperMagazine Stands and other similar outdoor retail sales

associated or not associated with an existing business

b Regionallyoriented 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 BankSavings and LoanFinancial Services

2 Travel Agent3 HairBeauty SalonSpa4 Cleaner and DryerDryCleaning no dry cleaning plant on premises5 Athletic Club

6 Formal WearRental

7 Copying and Printing8 Indoor Recreational Facility such as yoga aerobics martial arts dance etc

d Hotels and Motels

e Eating and Drinking Establishments including but not limited to

1 Restaurant fullservicesit down

2 Restaurant quickservicehighturnover

3 MicroBreweryPage 4 of 10

4 BarCocktail LoungeWine Bar

5 Specialty Eating and Drinking Establishments sit down or take away with no table serviceincluding such uses as a coffee house delicatessen bakery ice cream shop smoothie shopsandwich shop or other uses determined as to be similar 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 ofa

single tenant or tenants

7 Undesignated Outdoor Seating located in common public areas usable for both informal

seating and dining not dedicated to aspecific tenant

Conditional Uses including but not limited to

a Animal Hospital Veterinarian

b Public and semipublic facilitiesc Community Facilityd Service Station No Repair Facilities Allowed Not to be located at the corner of Fallon Road

and Dublin Boulevarde Outpatient health facilities as licensed by the State Department of Health Servicesf NightclubDance floor

g Indoor movie theater

h Video Arcade

i Daycare Center

j Temporary Kiosks NewspaperMagazine 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 designation1 Standalone Outdoor DrinkingDining Area not associatdwith a restaurant Standalone

Outdoor DrinkingDining Area is defined as a tenant andor use that is standalone notsupplemental toan indoor restaurant and where all or amejority of the seating space is outside

Examples include awine or liquor bar

in Massage Establishments

n Drivethrough Facilities

Temporary Uses including but not limited to

a Arts and Crafts Fair

b Christmas Tree and other seasonal Sales

c Farmers Market

d FestivalStreet Fair

e Sidewalk Sales

Parking Lot Sales

g Construction Trailer

C The Planned Development District is hereby amended for the General Commercial portion of

Area C to establish the following parking standards

Parking Spaces Required 1291 ased upon 379053 square feet of

development

The member of required parking spaces

Page 5of10

will increase if the proposed total square

footage for the commercial center

increases

Retail

General Retail 1 space per 300 square feet

FurnitureLargeAppliancesFlooring 1 space per 400 square feet

Eating Drinking Establishments

Full ServiceSitDown Restaurant 1 spac per 100 square feet of floor area

that iE accessible to customers plus 1

space per 200 square feet offloor area not

access ble to customers ie kitchenstorage areas coolers

1 space per 100 square feetQuick ServiceHigh Turnover Restaurant

Specialty Eating Drinking Establishment

including such food uses as sit down or take 1 span per 300 square feet

away with no table service including a coffee

house delicatessen bakery ice cream shopsmoothie shop or others determined to be

similar

Outdoor Dining Area controlled space 1 spat per 200 square feet

supplemental and dedicated to an indoor

restaurant

StandAlone Outdoor DrinkingDining Area1 space per 100 square feet

not supplemental to an indoor restaurant

Restaurant with DriveThru Facilities 1 spat per 100 square feet

Office 1 spat per 300 square feet

Bank or Financial Services 1 spac per 250 square 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 parking shall be provided at the rates noted above

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 provideadditional parkingSmall retail kiosks newspapermagazine stands and outdoor vendor sales involving

products associated or not associated with an existin business located in the projectscommon areas are not required to provide additional parking

Any outdoor seatingdining area associated with a single grocery tenant in the project is not

required to provide additional parking

If any other permitted uses are established that have different parking requirements per

Page 6 of 10

Chapter 876 ofthe Dublin Zoning Ordinance parking spaces shall be provided accordingly

B The Planned Development District is hereby amended for the General Commercial portion of

Area C to establish the following architectural standards

1 The architectural design of the Fallon Gateway project s to shall reflect the

following standards as illustrated in the representative architectural features

2 The project shall provide a gateway statement at each corner at the intersection of

Dublin Boulevard and Fallon Road which incorporates Loth architectural and

landscape elements

3 The architectural design of the Project shall be iconic ani 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 phaseshall be carried into subsequent phases of the project to maintain consistency byutilizing avariety ofmaterials colors and texture to provide visual interest without

creating a chaotic appearance5 Smaller retail buildings shall have asimilar level of material and design quality on

all four sides of the structures Large plate retail buildings shall carry overvaried

material and color patterns where visible to major thoroughfares6 The project site shall integratemultifunctional 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 designelements

8 The project shall include pedestrian routes linking he different retail clusters

together9 The project shall provide varied building and roofline missing and articulation to

create human scale and interest

10 The building bases shall be of durable materials or protezted by furniture plantersraised curbs etc to prevent damage by shopping carts

11 The loading docks facingI580 and public though fares Shall have screening to limit

the impacts of negative views

12 The parking lots shall provide a sufficient number oftrey planting wells toprovideshade uniformly and reduce heat island effect

Page 7 of 10

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Section 5 EFFECTIVE DATE AND POSTING OF ORDINANCE

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Page 9 of 10

This Ordinance shall take effect and be in force thirty 30 days from and after the date of its

passage The City Clerk ofthe City of Dublin shall cause the Ordinance to be posted in at least three 3

public places in the City ofDublin in accordance with Section 36933 of the Government Code of the

State ofCalifornia

PASSED APPROVED AND ADOPTED BY the City Counit of the City ofDublin on this 19th

day ofMay 2009 by the following vote

AYES

NOES

ABSENT

ABSTAIN

ATTEST

City Clerk

Mayor

GIPA912008WA 08034 Fallon Gateway TargetWlaming Commission428W000rdinancePDred1neDOC

12235331

Page 10 of 10