HomeMy WebLinkAbout04/03/1989 PC Agenda Development Services CITY OF DUBLIN
p ^ Planning,Zoning 829-4916
P.O. Box 2340 Building & Safety 829-0822
Dublin, CA 94568 Engineering/Public Works 829-4927
DECLARATION OF POSTING
I declare under penalty of perjury that the foregoing Agenda for the
Dublin Planning Commission meeting of Cif P2j , 190, was posted
at the Dublin Library, 7606 Amador Valley Boulevard, Dublin, California, on
the 3' �� of , 1989 by fP p.m.
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Executed this ,9t day of (17)COLALL 198 I, at Dublin,
California.
Laurence L. Tong
Planning Commission Secretary by
Citi-a-MitC)
P1 ni g Secretary
n n
AGENDA
CITY OF DUBLIN
PLANNING COMMISSION
Regular Meeting - Dublin Library Monday - 7:00 p.m.
7606 Amador Valley Blvd., Meeting Room April 3, 1989
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE TO THE FLAG
4. ADDITIONS OR REVISIONS TO THE AGENDA
5. MINUTES OF PREVIOUS MEETING - March 20, 1989
6. ORAL COMMUNICATION - At this time, members of the audience are permitted
to address the Planning Commission on any item which is not on the
Planning Commission agenda. Comments should not exceed 5 minutes. If
any person feels that this is insufficient time to address his or her
concern, that person should arrange with the Planning Director to have
his or her particular concern placed on the agenda for a future meeting.
7. WRITTEN COMMUNICATIONS
8. PUBLIC HEARINGS
8.1 PA 89-007 A Child's World Daycare Conditional Use
Permit Request to Re-establish a Daycare Facility
for up to 34 Children at 7890 Oxbow Lane
(continued from the March 20, 1989 Meeting)
8.2 PA 89-032 Stafford's Restaurant Conditional Use
Permit Request to Establish Dancing Within a
Portion of an Existing Restaurant Lounge Area
located at 6960 Amador Plaza Road
8.3 PA 89-026 Dublin Joint Unified School District
Tentative Map Extension for Tentative Tract 5616
located at 7416 Brighton Drive
8.4 PA 88-076 Agency Rent-A-Car Conditional Use
Permit Request to Operate a Rental Car Business
Office Within an Existing Office/Commercial
Building (continued from the March 20, 1989
Meeting)
8.5 PA 89-015 The Good Guys Conditional Use Permit
Request to Allow the Display of a Rooftop Balloon
for Promotions for a 60-day Cumulative Period
Within 12-month Time Frame.
9. NEW OR UNFINISHED BUSINESS
10. OTHER BUSINESS
11. PLANNING COMMISSIONERS' CONCERNS
12. ADJOURNMENT
(Over for Procedures Summary)
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DUBLIN PLANNING COMMISSION PROCEDURES SUMMARY
WELCOME to the Dublin Planning Commission meeting. The Planning Commission is made
up of five Dublin residents who have volunteered their services to the community. They
were appointed by the Dublin City Council. The Planning Commission encourages and
appreciates participation by Dublin residents. Regular meetings of the Planning
Commission are held on the first and third Mondays of each month in the Dublin Library
Meeting Room, 7606 Amador Valley Boulevard, Dublin.
TIME: Planning Commission meetings begin at 7:00 p.m. No new public hearing item will
begin after 10:30 p.m., and the meetings will be adjourned by 11:00 p.m., except
under unusual circumstances where the Commission votes to hear the item or to extend
the meeting for 30-minute increments.
ITEMS NOT ON THE AGENDA: No action shall be taken on any item not appearing on the
posted agenda unless: 1) the Planning Commission determines by majority vote that an
emergency situation exists, as defined in the Government Code 2) the Planning
Commission determines by a two-thirds vote, or by a unanimous vote if only three
members are present, that the need to take action arose after the agenda was posted;
or 3) the item was included in a posted agenda for a prior meeting held within five
(5) calendar days and was continued to the current meeting.
ORDER OF PRESENTATION: After the Chairperson opens the public hearing on an item, the
order of presentation will be as follows:
1) Summary Presentation by Planning Staff
2) Questions by Planning Commission
3) Comments by Applicant
4) Comments by Others in Favor
5) Comments by Those in Opposition
6) Rebuttal by Applicant if Necessary
7) Additional Comments by Staff as Appropriate
The hearing is then closed and the item turned over to the Commission for discussion
and action. The audience is not permitted to make any further comments unless
invited by the Planning Commission.
PUBLIC COMMENTS UNDER ORAL COMMUNICATIONS: Any citizen desiring to speak on an item not
scheduled on the agenda may do so under Oral Communications at the beginning of the
meeting. After receiving recognition from the Chairperson, please state your name
and address, then proceed with your comments. When an item not on the agenda is
raised by a member of the public, the matter shall be deemed automatically referred
to Staff unless the Planning Commission determines to take action as outlined in the
section above entitled ITEMS NOT ON THE AGENDA.
PUBLIC COMMENTS ON A HEARING ITEM: On a public hearing or other scheduled item, the
Chairperson will ask the audience for its comments, first from those in favor, then
from those in opposition. After receiving recognition from the Chairperson, please
state your name and address, then proceed with your comments.
The Planning Commission wants to hear all citizen concerns. Each new speaker is
asked to be brief, add new information, and not repeat points which previous speakers
have made. The Planning Commission is particularly interested in the specific
reasons why the speaker is for or against an item.
Applause and other demonstrations are prohibited during public hearings. Such
demonstrations tend to intimidate those in the audience who may have valid but
opposing viewpoints.
The Chairperson maintains the discretion to request the use of Speaker Slips and to
limit comments. Anyone who does not want to speak may write comments on the Speaker
Slip and turn it into the Planning Commission while the public hearing is still open.
SMOKING CONTROL: Please do not smoke during the Planning Commission meeting.
ITEM WITHOUT APPLICANT: If the applicant or representative fails to attend the public
hearing concerning their item, the Planning Commission may take action to deny,
continue, or approve the item. The item may be considered for continuance upon
receipt of written notification of the applicant's inability to attend the hearing.
CITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date: April 3, 1989
TO: Planning Commission
FROM: Planning Staff
SUBJECT: PA 89-007 Child's World Daycare CUP
GENERAL INFORMATION:
PROJECT: Conditional Use Permit request to re-establish a
daycare facility for up to 34 children
APPLICANT/REPRESENTATIVE: Patrick Hagen
A Child's World
1985 Geary Road
Walnut Creek, CA 94596
PROPERTY OWNER: J. B. and Veena Kinhal
6900 Rosewell Road, #P-7
Atlanta, GA 30328
LOCATION: 7890 Oxbow Lane
ASSESSOR PARCEL NUMBER: 941-172-50
PARCEL SIZE: 6600+ square feet
This item was continued from the March 20, 1989 Planning Commission
meeting in order to allow the Applicant time to submit a written withdrawal of
the application. In a prior telephone conversation with Staff, the Applicant
stated that difficulty in obtaining property lease arrangements and State
Department of Social Services license had prevented him from continuing the
application process. To date, Staff has not received the Applicant's written
statement of withdrawal.
Prior to noticing the March 20th public hearing, Staff had determined
and advised the Applicant that the public hearing mailing list for the project
was not current and needed to be updated. Based on the anticipation of
receiving the updated mailing list, Staff proceeded with the newspaper public
noticing. However, due to the pending withdrawal, the Applicant has not
submitted the updated information. Since the public hearing notice process is
incomplete, the Commission cannot legally take any conclusionary action
(approval/denial) on the application.
Staff, therefore recommends that the Commission continue this item
indefinitely. Staff will continue to work with the Applicant to either
complete the application process or withdraw/close the project application
request.
COPIES TO: Applicant
$ Owner
.
ITEM NO. File PA 89-007
CITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date: April 3, 1989
TO: Planning Commission
FROM: Planning Staff IAnn AAU
SUBJECT: PA 89-032 Stafford's Restaurant Conditional Use
Permit
GENERAL INFORMATION:
PROJECT: Conditional Use Permit request to allow a
portion of the existing restaurant lounge
facility to be used for a dance floor.
APPLICANT: Stafford's Restaurant
c/o Larry Hake
6960 Amador Plaza Road
Dublin, CA 94568
REPRESENTATIVE: Lawrence C. Hake, II
11405 Cresta Lane
Dublin, CA 94568
PROPERTY OWNER: Dublin Plaza Shopping Center
Transpacific Development Company
Attn: Janet Warner
2377 Crenshaw Boulevard, Suite 300
Torrance, CA 90501-3325
LOCATION: 6960 Amador Plaza Road
ASSESSOR PARCEL NUMBER: 941-305-30
PARCEL SIZE: 11.97+ acres
GENERAL PLAN
DESIGNATION: Commercial: Retail/Office
EXISTING ZONING
AND LAND USE: C-1 (Retail Business District)
Restaurant with Lounge/Bar
SURROUNDING LAND USE
AND ZONING: North: Movie Theatre/C-1
South: Retail Businesses/C-1
East: Auto Dealership & Service Center/C-2
(General Commercial)
West: Retail Commercial Shopping Center/C-1
(across parking Lot)
COPIES TO: Applicant
Owner
ITEM NO. • File PA 89-032
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ZONING HISTORY:
During the mid-1960's, the Alameda County Board of Supervisors zoned the
site and surrounding parcels C-1 (Retail Business District).
March 15, 1978: Alameda County Zoning Administrator approved a
Conditional Use Permit (C-3344) for drive through bank, movie theater,
gasoline service station, exterior plant material display, auto parts
sales and installation. Also approved on this plan was 24,000 square
feet single story shops area on the subject site.
June 16, 1978: Alameda County Planning Director approved Site
Development Review (S-656) approving a 5500+ square feet two-store
restaurant (Big Yellow House) on the east side of Amador Plaza Road.
September 1978: Alameda County Planning Department approved a
construction permit request and location plan modification allowing the
restaurant (Big Yellow House) approved under S-656 to be constructed on
the westerly side of Amador Plaza Road (directly across the street from
previously approved location).
December 1978: Building permit and zoning clearance approved for 5,500+
square feet restaurant (Big Yellow House) on the west side of Amador
Plaza Road.
July 1979: Construction completed and restaurant opened and operational
as Big Yellow House on the west side of Amador Plaza Road.
June 1984: The Big Yellow House Restaurant change of ownership and name
to Staffords Restaurant.
APPLICABLE REGULATIONS:
Section 8-84.2: Conditional Uses: C-1 District requires approval of a
Conditional Use Permit for commercial recreation facilities.
Section 8-94.0 states that conditional uses must be analyzed to
determine: 1) whether or not the use is required by the public need; 2)
whether or not the use will be properly related to other land uses,
transportation and service facilities in the vicinity; 3) whether or not the
use will materially affect the health or safety of persons residing or working
in the vicinity; and 4) whether or not the use will be contrary to the
specific intent clauses or peformance standards established for the district
in which it is located.
Section 8-94.4 states the approval of a Conditional Use Permit may be
valid only for a specified term, and may be made contingent upon the
acceptance and observance of specified conditions, including but not limited
to the following matters:
a) substantial conformity to approved plans and drawings;
b) limitations on time of day for the conduct of specified activities;
c) time period within which the approval shall be exercised and the proposed
use brought into existence, failing which, the approval shall lapse and be
void;
d) guarantees as to compliance with the terms of the approval, including the
posting of bond;
e) compliance with requirements of other departments of the City/County
Government.
ENVIRONMENTAL REVIEW: Categorically Exempt, Class 1, Section 15301 -
Minor interior alteration of an existing private
structure involving negligible expansion of use
beyond that existing.
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NOTIFICATION: Public Notice of the April 3, 1989, hearing was published in
The Herald, mailed to adjacent property owners, and posted in public
buildings.
BACKGROUND:
On December 21, 1987, the City Council adopted Ordinance No. 60-87 requiring
all businesses or persons conducting or holding a public dance to obtain a
Dance Permit from the City Police Department. Although a police issued dance
permit was required in Dublin prior to the City's incorporation, the adoption
of the City's ordinance caused all existing dance permits issued by the County
to become null and void on January 21, 1988, the effective date of the
ordinance.
In an effort to seek compliance with the City ordinance, the Police Department
provided written notification to businesses in the City with public dancing,
or those that might seek having public dancing, that a police dance permit and
a Conditional Use Permit is required for dance facilities in the City.
Although not previously or currently conducting dances, this information was
provided to the Manager of the Stafford's Restaurant.
The Manager (Applicant) has subsequently applied for the Conditional Use
Permit request for the dance floor within the Stafford's Restaurant Lounge/Bar
area.
ANALYSIS:
The Applicant is requesting approval of a Conditional Use Permit to
allow dancing within a portion of the existing bar/lounge area of Stafford's
Restaurant. Dancing is considered a commercial recreational use which
requires approval of a Conditional Use Permit in the C-1 district.
The Applicant's request concerns the dance activity only. There is no
new construction (interior or exterior) proposed under this application other
than the actual floor (and carpet removal) for the dance area.
The proposed dance floor would contain approximately 122 square feet of
floor area and is located in the restaurant's bar/lounge area separated from
the dining area. The proposed hours of operation for the dance activity are
from 8:30 p.m. to 1:00 a.m., Thursday, Friday and Saturday evenings.
Adequate on-site parking is provided as the project site is located
adjacent to a major retail commercial center (Dublin Place) with over 2000
parking spaces in the center and retail store hours typically do not extend
beyond 9:00 p.m., the use would not adversely impact the availability of on-
site parking.
The dance activity use is consistent with the General Plan and Downtown
Specific Plan land use designations. As a commercial recreation facility the
use is compatible with the retail, restaurant and commercial entertainment
uses (movie theater) located nearby.
This application has been reviewed by the Planning, Building,
Engineering, Police and Fire Departments. Conditions are provided within the
draft Resolution including restrictions on hours of operation, requirements
for bouncers/security guards, and parking lot lighting.
Staff feels the dancing would coincide with the restaurant bar/lounge in
a supportive fashion and create an appropriate and compatible mixture of land
uses.
Staff recommends that the Planning Commission approve the Applicant's
request for a Conditional Use Permit for dancing subject to the conditions
identified in the Draft Resolution of Approval.
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RECOMMENDATION:
FORMAT: 1) Open public hearing and hear Staff presentation.
2) Take testimony from Applicant and the public.
3) Question Staff, Applicant and the public.
4) Close public hearing and deliberate.
5) Adopt Draft Resolution (Exhibit A) relating to Conditional
Use Permit PA 89-032, or give Staff and Applicant direction
and continue the matter.
ACTION: Adopt Resolution approving PA 89-032 Conditional Use Permit for
Stafford's Restaurant
ATTACHMENTS:
Exhibit A: Resolution approving PA 89-032 Conditional Use Permit Stafford's
Restaurant.
Exhibit B, C & D: Floor Plans
Background Attachments:
Attachment 1: Location Map
Attachment 2: Applicant's Written Statement and Application
Attachment 3: Applicant's Background Information
Attachment 4: Ordinance No. 60-87
Attachment 5: C-1 Retail Commercial Regulations
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RESOLUTION NO. 89 -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 89-032 STAFFORD'S RESTAURANT CONDITIONAL USE PERMIT TO ESTABLISH A
COMMERCIAL RECREATION FACILITY (DANCE FLOOR) WITHIN AN EXISTING RESTAURANT AT
6960 AMADOR VALLEY BOULEVARD
WHEREAS, Lawrence Hake II, representing Stafford's Restaurant filed an
application for a Conditional Use Permit to establish a commercial recreation
facility (dance floor) in an existing restaurant bar/loung (Stafford's) at
6960 Amador Plaza Road; and
WHEREAS, the City of Dublin Zoning Ordinance requires approval of a
Conditional Use Permit in the C-1 District for the operation of a commercial
recreation facility (dance floor); 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 has been
found to be categorically exempt; and
WHEREAS, the Planning Commission did hold a public hearing on said
application on April 3, 1989; and
WHEREAS, the Staff Report was submitted recommending that the application
be conditionally approved; and
WHEREAS, the Planning Commission did hear and consider all said reports,
recommendations and testimony hereinabove set forth; and
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does
hereby find:
A. The use as proposed is required by the public need in that the use
provides a recreational facility (dance floor) contributing to the diversity of
recreational facilities available within the City.
B. The uses will be properly related to other land uses, and
transporation and service facilities in the vicinity, as the use is located in
a major shopping center complex in downtown Dublin and on a major arterial
street. The proposed peak hour uses of the dance floor can be anticipated to
be during late evening hours (8:30 p.m. to 1:00 p.m.) rather than at normal
peak retail business hours, therefore will not conflict with existing retail
uses in the surrounding retail complex.
C. The use will not materially adversely affect the health or safety
of persons residing or working in the vicinity, or be materially detrimental to
the public welfare or injurious to property or improvements in the vicinity, as
all applicable regulations will be met.
D. The uses will not be contrary to the specific intent clauses or
perforamnce standards established for the District in which it is located, as
the proposed use will be compatible with the adjoining uses.
E. The approval of the Conditional Use Permit will be consistent with
the Dublin General Plan and Downtown Specific Plan.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby
conditionally approve PA 89-032 Stafford's Conditional Use Permit for a
commercial recreation facility (dance floor) subject to the following
conditions:
1. The dance floor area shall be restricted to the area as generally
shown on the floor plans submitted with the application dated received by the
Dublin Planning Department on March 8 and March 17, 1989 (Exhibit B, C and D).
1
2. No loudspeakers or amplified music shall be permitted outside the
enclosed building. All activities associated with the proposed uses shall be
conducted entirely within the subject building.
3. All activities shall be controlled so as not to create a nuisance
to the surrounding business.
4. The Applicant shall submit to the Planning Department documentation
that an Alcoholic Beverage License has been obtained from the State of
California Department of Alcoholic Beverage Control.
5. The Applicant shall comply with all applicable Dublin Regional Fire
Authority requirements.
6., The Applicant shall obtain a valid Dance Permit from the Dublin
Police Department and shall submit to the Planning Department documentation
that said permit has been obtained.
7. The Applicant shall comply with all applicable Police Department
requirements including, but not limited to, the following unless items (a),
(b), (c), (d), and (1) below are otherwise modified in writing by the Dublin
Police Department:
(a) At all times there is dancing occurring, there will be at
least two (2) bouncers on duty.
(b) On Thursday, Friday, Saturday and Sunday nights and/or
special events, there will be at least three (3) bouncers/doormen on duty
in the bar/dancing area to check identifications and provide facility
security.
(c) On Thursday, Friday, Saturday, Sunday and/or special events
there will be at least one (1) State registered uniformed security
officer providing security in front of the establishment and/or adjacent
parking lots used by customers (the number of security guards may be
increased by the Police Department, if necessary).
(d) All bouncers, doormen and security guards, while on duty,
will wear identifiable clothing displaying their names.
(e) The Applicant recognizes his/her responsibility to comply
with the Alcohol Beverage Control regulations, specifically, that
intoxicated persons shall not be served alcoholic beverages.
(f) During all business hours the establishment is open to the
public, all permits and licenses shall be posted and available for
viewing by the Dublin Police Department.
(g) All live entertainment or other amplified sound must not be
audible outside the structure of the establishment.
(h) The parking lot of the premises shall be equipped with
lighting of sufficient power to illuminate and make easily discernible
the appearance and conduct of all persons on or about the parking lot.
(i) Exterior lighting (parking lot and building) shall be
maintained and operational during non-daylight hours.
(j) Exterior lighting shall be of a design and placement so as
not to cause glare onto adjacent properties or streets.
(k) The Applicant shall be responsible for maintaining free of
litter the area adjacent to the premises over which the Applicant has
control.
(1) There shall be no pool tables or coin-operated games
maintained upon the premise at any time.
9. Any modification to exterior lighting shall be subject to review
and approval of the Planning Department and Police Department.
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10. This permit shall be valid for a period of one (1) year. The
approval period for the Conditional Use Permit may be extended two (2)
additional years (Applicant must submit a written request for the extension
prior to the expiration date of the Conditional Use Permit) by the Planning
Director upon the Director's determination that the Conditions of Approval
remain adequate to assure that the stated findings will continue to be met.
11. This permit shall be revocable for cause in accordance with Section
8-90.7 of the Dublin Zoning Ordinance. Non-compliance of any provisions of the
above conditions shall be cause for the initiation of hearings before the
Planning Commission to determine whether cause is present to revoke this
permit.
PASSED, APPROVED AND ADOPTED this 3rd day of April, 1989.
AYES:
NOES:
ABSENT:
Planning Commission Chairperson
ATTEST:
Planning Director
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taffrdj
6960 Amador Plaza Road Dublin, CA 94568
(415) 833-9755
STAFFORD'S RESTAURANT - STATEMENT OF INTENT
FIRST VENTURE RESTAURANTS, dba Stafford 's Restaurant, hereby states
it 's desire to initiate public dancing within it 's existing confines
at 6960 Amador Plaza Road in Dublin.
For purposes of serving our banquet trade (weddings, parties, etc ) , we
have recently installed a 122-square foot dance floor in a banquet
room adjacent to , but separated from, our cocktail lounge.
Extending access to our regular customers, for purposes of public
dancing , is completely and naturally within the scope of operation of
an upscale restaurant , recently voted the "Best Overall " restaurant in
the Tri-Valley area by readers of THE HERALD newspaper .
It is our initial intent to provide suitable music ( live and/or
recorded ) for dancing Thursday, Friday and Saturdays from 8:3Opm-lam,
retaining the flexibility of expanding that schedule as warranted .
With due consideration to Stafford 's present image and the likelihood
of it continuing , we do not envision a marked-increase in traffic or
customer-count , but rather view this as a natural , progressive
evolution of business for our present clientele.
There is ample off-street parking to accommodate even dramatic
increases in traffic and customer-count .
51Aa 1 ., l'3b
tiadiDU BLIN FLANN1NA z
eflY 1-a3z- 'Pei1 3
CITY OF DUBLIN
P.O.Box 2340
Dublin,CA 94568 (415)829-4600
Planning Department (415) 829-4916
6500 Dublin Blvd. Suite D Eff.: 1/24
Dublin CA 94568
- PLANNING APPLICATION FORM •
• Notes to Applicant: •
* Please discuss your proposal with Staff prior to capleting the Planning Application
form.
* All items related to your specific type of application crust be completed.
* Since this is a carprehensive application form, some of the items might not apply to
your specific application.
* Please print or type legibly.
* Attach additional sheets if necessary.
I. AUTHORIZATION OF PROPERTY OWNER
A. PROPERTY OWNER: In signing this application; I, as property owner, have full legal
capacity to, and hereby do,authorize the filing of this application. I understand
that conditions of approval are binding. I agree to be bound by those conditions,
subject only to the right to object at the hearings or during the appeal period.
Name: C city: Property Owner
Address: Daytire Phone: ( )
( )
Signature: Date:
B. APPLICANT OTHER THAN PROPERTY CiNE.R: In signing this application, I, as applicant,
represent to have obtained authorization of the property owner to file this
application. I agree to be bound by conditions of approval, subject only to the right
to object at the hearings on the application. If this application has not been signed
by the property owner, I have attached separate docuarentation of full legal capacity
to file this application and agreement to conditions of approval, subject only to the
right to object at the hhearin s or during the appeal period.
Name: J.AW R(=-NCB L,. I-IAVC 'L Capacity: jp,„
Address 114 is 7)RE I/\ L,N, Daytime Phone: HIS) s,53-C 75(
rpolibt CA G44-54S (y1s) 904,4,5 ham,
Signature��7 � C /./ /,., ' Date: • 3/4/J
II. CERTIFICATION
I certify that I have the authorization of the property owner to file this application.
I further certify that the information and exhibits submitted are true and correct.
Name: (,j-V i FZC-NCC , )Af1 Capacity: ?I�een,1-
Address: 114Oc �{R i �ti. Daytime Phcre: (1415) J3,3- Cj 5 s,J4'
J7c13LIn; ('A 9456$ Nis) Sss- plcS ti
Signature: Ai„ Date: 7/4,/gy1 R E C E I of F D
• MAR 8 1989
(ovER) Attach DUBLIN PLANNING
f 30 0�`.
III. GENERAL DATA REQUIR^
r
A. Address or Location of Property: G,q(o Amax* Plaza Ri
B. Assessor Parcel Number(s): 4141-- S ��
C. Site areaRimpitopitqlAck D. Present Zoning: :—I
E. Existing Use of Property: Qp ,u„QM
F. Zoning and Existing Use Of Surrounding Property:
Zone Existing Uses
- North: - ' : W)U L 3 - f2.
- South: /C ( . r (CAaQCvy,
- East: l: 2 •
- F-+1AtO PTA- sM.os
- West: �� i -(A-LL
G. Detailed Description of Proposed Use of Property: S-C(SQCS
AT-pI-lCiD
L5006y -i4 )Q kt 1 - (Continue cn separate sheet if necessary)
Iv. TYPE OF APPLICATION
Check type of planning permit(s) being requested:
❑ Administrative Conditional Use Permit 0 Rezoning
O Boundary A.djust-ent ❑ Sign •
l�Conditional Use Permit 0 Site Development Review
/❑ General Plan Amendment ❑ Subdivision Map
❑ Planned Development 0 Variance
❑ Other:
v. SUBMITTAL REQUIREMENTS
A. Planned Development: (See Planned Development Rezcni.c Submittal Requirements)
B. Subdivision Map: (See Subdivision Nap Submittal Requirements)
C. Any Other Planning Permit: (See General Submittal Requirements)
vi. PROCESSING (See_Planning Application Cover Letter)
vii. REFERENCE PHONE NUMBERS
Most questions related to the Planning Application should be directed to the Dublin
Planning Department, however, some concerns might be addressed directly by another
appropriate department Cr agency:
1. City of Dublin: 2. Dublin San Ramon Services District:
Building Inspecticn:(415) 829-0822 Fire: (415) 829-2333
Engineering: (415) 829-4916 Water, Sewer, Garbage: (415) 826-0515
Planning: (415) 829-4916
Police: (415) 829-0566 Att chment
3. Zone 7 - Alameda County Flood Control: (415) 443-9300 /V
Corporate Headquarters
NOM
.mme MM.MIME
mom.
MM 2377 Crenshaw Boulevard
Suite 300
Torrance,California 90501-3325
1213)618-3600
Transpacific Development Company
March 6, 1989
City of Dublin
P.O. Box 2340
Dublin, California 94568
RE: DUBLIN PLAZA SHOPPING CENTER
SI`AFFORD'S
Gentlemen:
This is to authorize Larry C. Hake II, President of First Venture
Restauarants, Inc. to act in our behalf when applying to the various City
and County agencies for the necessary permits to accomplish their proposed
remodel at 6960 Amador Plaza Road, Dublin, California; provided only,
however, that Dublin Associates, as Landlord, is given prior written notice
of any conditions of approval which may be imposed by the City that would
materially affect any portion of the Shopping Center.
Sincerely,
DUBLIN ASSOCIATES
By: Transpacific Development Department
/(���
Janet M. Warner
Project Marketing Director
JMW/cam •
cc: J. Kessler
P. Smith
TLF
;< ECEI .V. ED
MAR 9 i98',
DUBLIN PLANNING
674(61-02,
Attachment 3
� toy 3
CITY OF DUSLIN PA No,
ENVIRONMENTAL ASSESSMENT FORM, NITER!M
(Pursuant to Public Resources Code Section 21000 et sec.) •
The State CEQA (California Environmental Quality Act) Guidelines
require the City to take an active role in preparing environ-
• mental documents. This comprehensive Environmental Assessment
Form is designed to assist the City in preparing a complete and
accurate environmental assessment in a timely manner and in
conformance with the State CEQA Guidelines. The form has three
sections: General Data, Exemption, and Initial Study. The
applicant is requested to complete Section 1, General Data. The
Planning Staff will prepare either Section 2, Exemption, or
Section 3, Initial Study. Please type or print legibly in ink.
SECTION 1. GENERAL DATA- - - to be completed by the APPLICANT
1. Name (if any)cnd address of project: S�TA1=I''D S ��/`}U�
40'1(( AmA1DR PLAZA
2. Proposed use of property: jA,< ij/. (7 �� `1�Ans(C rtapQ
l,A Ad ov: Pt XL.ic. "DAt e,k'G.
3. Ncme, address, cnd telephone of Applicant: l.A!yA J L L �. NAVE T
L ULLRLA, 11445(no (4151SAS 1'
•4. Name, address, and telephone of/contact person D in addition to applicant or
instead of applicant:
5. Attached plans are preliminary orrFully developed.
•
6. Building area: sq.Ft.
7. Site area: ❑sq.ft. or❑acres. E. Current zoning: •
9. Maximum Building Height ❑ft. o=Mstcries.l
10. Describe amount of daily traffic generated by nurbe,r, type and time of dcy:
�a✓7o (��Tl���ic'f' `jIC.,ni F(CANel-W,e(CS ir:T�f Fla.
I i. Number of off-street parking spaces provided://p
12. Number of loading Facilities provided: IV/r
'FAN-03Z
E ,CEIY. ED
Attachment 81989
141 3R DUBLIN PLANNING
13. Proposed development schedule: beginning: I+ completion: iVi 1
14.o. IF residenti I: number of new unitsN k ; number of existing units N ri ;number of new
bedrooms N }\ ;unit sizest'/-fj ;range of❑sale prices or Drents77 A. ; type of
dwelling single fcmily0 duplex 0 multiple.
14.b. If commercial: scope of projectD neighborhood,city,,regionol
(1)roockl sales area 1,4 Cl sq.ft. or0 acre; estimate employment per shift ; hours of
// operation
14.c.If industrial: materials�'volved V/CI ; estimated employment per shift Ai/
hours of operation ik.)14.d. IF institutional: major funf tion NA ;estimated a ployment per shift/v//f��
estimated occupancy ;hours of operation NA I
15. Describe City permits-required:1=site bevelopme g-evict v Q Vuria.v.ce;
1 ; 0 clasSi C0.bicvs(tEzovs �;
t7 �e& ;Plav`v Developmev Cos^ditiov>Li.1 Use ferm.t; 0 Sir 0v I6;
Q O-;+er
16. Describe other public cpprovols required:0 unknown;Xloccl ace ncies;0 regional
agencies;Q state agencies;El Federal agencies; for
CERTIFICATION
I hereby certify that the information submitted is true and correct to the best of my knowledge
and belief. I understand that the findings of this Environmental Assessment apply only to the
project as described above.
• Signatur�]ar.tt.,,„ .-.-. ( / k-e.��'ID�atte: 3/3/frY
Name (print or type): LAW R[—NC.E. ( . • I"IA e .
AtiaChMent304,_
ORDINANCE NO. 60 -87
AN ORDINANCE OF THE CITY OF DUBLIN REGULATING
PUBLIC DANCES
The City Council of the City of Dublin does ordain as follows:
Section 1: DEFINITIONS.
(a) "Public Dance" means a gathering of persons in or upon
any premises open to the public when the main or
incidental purpose for such gathering is dancing.
(b) "Person" is any person, firm, partnership, association,
corporation, company, or organization of any kind.
Section 2: PERMIT REQUIRED. It is unlawful for any person to
hold, conduct or allow a public dance on premises open to the
public without first having obtained a permit as required herein.
Permit fees therefor shall be in the amount established by
Resolution.
Section 3: EXCEPTIONS. No permit shall be required for:
(a) Dances held by bona fide tax exempt patriotic,
religious, service organizations or fraternal
associations or organizations (other than college
fraternities and sororities) or held in connection with
authorized school activities or held by senior citizens'
groups.
Section 4: FLOOR SPACE. No permit shall be issued for the
conduct of any public dance at any establishment having less than
120 square feet of dance floor set aside for dancing, or.having a
dance floor within 4-1/2 feet of any counter or bar, or stools in
connection therewith.
Section 5: APPLICATION. The application for a dance permit
shall contain the following information:
(a) The name and residence of the applicant or applicants,
owner and lessee, if any. If any applicant is a
partnership, the names and residences of the partners.
If any applicant is an association, the names and
residences of the officers; and if any applicant is a
corporation, the names and residences of the officers
and directors.
Attachnont , 4
P'i {gif 3
•
(b) The particular place for which the permit is desired, or
at which any dance is to be, or dances are to be held.
(c) The written consent of the owner, if the lessee is the
applicant, of the place or premises in or at which the
dance is to be held.
(d) The number and date of dances to be held under the
permit.
(e) A sketch or outline, with approximate measurements,
showing the location and size of the dance area with
respect to any counter or bar, or stools in connection
therewith, and showing the size of the dance area.
(f) The name and residence of the proprietor, operator, or
other person in charge, .if other than the lessee or '
owner.
(g) The hours during which the dance or dances are to be
held.
Section 6: ISSUANCE OR DENIAL OF PERMIT. The Chief of Police
shall, within thirty (30) days after receipt of an application
complying with all the provisions of Section 5 of this ordinance,
issue a non-transferable permit with or without conditions, or
deliver to the applicant, personally or by mail, written notice of
denial of the permit, setting forth the reason or reasons
therefor, in accordance with the provisions of Section 7.
Section 7: GROUNDS FOR DENIAL OF PERMIT. The Chief of Police
shall deny the permit if he finds:
(a) That any information contained in or submitted with the
application is not true; or
(b) That the requirements of Section 4 of this ordinance
cannot be complied with; or
(c) That the operation as proposed by the applicant would
not comply with any provision of this Ordinance or any
other ordinance or regulation of the City of Dublin
including, but not limited to, the Zoning Ordinance and
building ordinance, or any statute or regulation of the
State of California; or
(d) That, for any other reason, the operation as proposed
would be detrimental to the public peace, health,
safety, morals or welfare or to neighboring property.
Section 8: REVOCATION OF PERMIT. The Chief of Police shall
revoke a permit issued pursuant to the provisions of this
ordinance if: 4
Naiad
Pi 2of3
(a) He subsequently determines that facts exist which, under
the provisions of Section 7, would have required denial
of the permit at the time of application; or
(b) Subsequent occurrences create a situation which, under
the provisions of Section 7, would have required denial
of the permit had the situation existed at the time of
application.
Notice of revocation of the permit..shall be given in writing to
the permittee by the Chief of Police. The permittee shall cease
all operations under the permit within ninty-six (96) hours of
delivery of said notice, unless a notice of appeal is filed
pursuant to the provisions of Section 10.
Section 9: POWERS OF CHIEF OF POLICE. The Chief of Police
shall have the power to stop any public dance or close any'
premises for which a permit is issued under this ordinance for
disturbing the peace, disorderly conduct or for violation of any
law or ordinance.
Section 10: APPEAL. The applicant or any aggrieved person shall
have the right to appeal the issuance of the permit or conditions
of issuance or the denial or revocation thereof to the City
Council in accordance with Section 7 of Ordinance No. 21-86.
Filing such appeal shall stay all proceedings in furtherance of
the action appealed.
Section 11: 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 this 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.
PASSED AND ADOPTED by the City Council of the City of Dublin
on this 21st day of December , 1987, by the following vote:
AYES: Councilmembers Hegarty, Moffatt, Snyder, Vonheeder
and Mayor Jeffery
NOES: None
ABSENT: None
layor
ATTEST:
(ti Attachment 4-
��c e'rk/' yet<i py 3 of 3
ity erk '
R'.
• C-1 DISTRICTS
8-48.0 RETAIL BUSINESS DISTRICTS: INTENT. Retail Business Districts,
hereinafter designated as C-1 Districts, are established to provide
areas for comparison retail shopping and office uses, and to enhance
their usefulness by protecting them from incompatible types of commer-
cial uses which can be provided for more effectively in the General
Commercial Districts.
(Amended by sec. 1, Ord. 68-58)
§ 8-48.1. PERMITTED USES: C-1 DISTRICTS. The following
Principal Uses are permitted in a C-1 District, subject to the •
limitations of Section 8-49.9:
a) Retail store,except book store;
b) Office,Bank; OidD. 7&"
c) Barber shop, beauty parlor and beauty school, busi- • -4..//7e3
ness school, dressmaking or knitting shop, tailor
•
shop,cleaning or laundry agency,handicraft shop; C' 5,15/
d) Repair shop for cameras, shoes, watches, household
appliances; •
e) Self-service laundry;
f) Restaurant;
g) Parking lot as regulated by Section 8-48.4.
( .
�✓ -�,.a,.Lena onai Ui�i:�'l olamea.T alcmen;an Cage naralrt OismC ano sue W ;�-- .
pem.aed dnN d AVM-egad try m.Zeno.;admen... pto.aed M seom tr9a.P.-.::-�.:t '
•
o) .Arent Hospital K•ru.eF.-''7._ .-- - ,+."~-•l;:= - _ ..,- _
Cuplaus•, Imms W Cy Impera N atpn¢ed du0.bag u aao.q;,-. �..
/�/II,4 —' f 'contn,e. 1tecreeeen tacky now man a theatre.a w.tn., etadng. o q•',
g) Storage SiOrage Garage.and storage Iota lot Recreational Vendee and 0oatr.at O PA).U l
.q Done-a Rusae::., _ J O
'Dr"Hotel.Mote.00ardin0 H •
. '.k) Auromopaa sale bt- .. .., ♦. - -• - :r .. _ .
•
Q smna.Staocn.Type A:are holey renting amo.naow pans and guppies',Ludt a,.a-ataiea a,na-
•semeadot me ere bet does no,include engm•.pansnuvon or dad.nualrco,rbrq x tar,
• gym) Plant nursery incluOrg me sale el lenOsooe g matenata..adudrg wet-mia osnden aaaa piano g
• al eduipmenl.spppi•a.and reerdpanO,e ems,man plant marcnala are kept mean a omoute/ _
.ndos.d bl lding:
o) 'AMA Enl.nainn.n A0wry.prwaad however.mat no Adult Ennnawnent Activity anal be opted
dose,Man 1.0o0lee to me 00.vaan,of•n,neidertial zone d doax dun 1.000 tent to any pots - —•.--- "-—
��Mul Ennn cement Acnony; -2.. _-
R) Rarycing Centers.when operated h c nj...an s'0,a Pemvn.d v Use on me on• r.prema.
r) AWerosegSyns.wonaed tut no uncle sign slue C.wTersi M:rma.nr.centers mmvg par.5Jl.. i
0e boated so as to be areeqd toward,tens el any adjxant R dame[ -
a) Pt patient and m..papal MMM ladiuea as IC.naed by eq Sta.O.pen...we a Hoe.5..--e+a.
1.- r
AttaChint
n n
CITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date: April 3, 1989
TO: Planning Commission
FROM: Planning Aletk
SUBJECT: PA 89-026 Dublin Joint Unified School District
Tentative Map Extension
GENERAL INFORMATION:
PROJECT: Request for approval of a time extension for
Tentative Map 5616 for an additional two years.
APPLICANT/REPRESENTATIVE: Dublin Joint Unified School District
7471 Larkdale Avenue
Dublin, CA 94568
Attn: Stanley L. Maleski
LOCATION: 7416 Brighton Drive
ASSESSOR PARCEL NUMBER: 941-181-27-1
PARCEL SIZE: 13.8 acres
GENERAL PLAN
DESIGNATION: Single-Family Residential
(0.9 to 6.0 units per acre)
Parks/Recreation
EXISTING ZONING
AND LAND USE: R-1-B-E Single-Family Residential Combining
District
School District Administration Office and
Corporation Yard, Dublin Senior Center and Kolb
Park
SURROUNDING LAND USE
AND ZONING: North: Single-Family Residential/R-1-B-E
South: Single-Family Residential/R-1-B-E
East: Single-Family Residential/R-1-B-E
West: Single-Family Residential/R-1-B-E
ZONING HISTORY:
355th ZU: The subject property was rezoned from A-2, Agricultural
District, to the R-1-B-E, Single Family Residential Combining District,
by the 355th Zoning Unit, with an effective date of December 8, 1960,
following its approval by the Alameda County Board of Supervisors.
Tract 2286: The site consists of Lots 14 and 27 of Tract 2286, which
also created the adjoining 25 single family residential lots (a total of
186 of the nearby lots were created by Tract 2286).
COPIES TO: Applicant
8. Owner
ITEM NO. File PA 89-026
e r�
C-2308: A Conditional Use Permit processed by the Alameda County Zoning
Administrator to allow the construction and operation of a neighborhood
park on a portion of the subject property (Kolb Park improvements).
PA 83-040: The Dublin Planning Commission granted (August 15, 1983) a
Conditional Use Permit request for the operation of a 120-child
Christian Youth Academy and Tri-Valley Church involving the
Administration Building, the Multi-Use Building, "B" Wing and the
developed outside area of the Fallon School.
PA 83-043: The Dublin Planning Commission granted (August 15, 1983) a
Conditional Use Permit request for the establishment of a 50-child
educational program for developmentally disabled youths within the
kindergarten portion of the Fallon School (Kaleidoscope Center).
PA 84-013: The Dublin Planning Commission granted (April 16, 1984) a
Conditional Use Permit request for the operation of a preschool, daycare
and elementary school operation in Building C-C on the Fallon School
site (Fountainhead Montessori).
PA 84-061: The Dublin Planning Commission granted (November 19, 1984) a
Conditional Use Permit request for the operation of a 120 child daycare
center for children from 8 weeks through 10 years of age (Growing Tree
Preschool) in Building C-A of the Fallon School.
PA 85-104: The Dublin Planning Commission granted (January 6, 1986) a
Conditional Use Permit request for the continued operation of the
Kaleidoscope Center aprpoved under PA 83-043.
PA 86-024: Fallon School Site Conditional Use Permit/Tentative Map. On
September 15, 1986, Planning Commission approved Negative Declaration,
Tentative Map for a 20 lot subdivision including residential lots, 5
acre park site and City Senior Recreation Center, and approved a
Conditional Use Permit for Administrative Offices/Corporation Yard and
continued use of building for Kaleidoscope Center.
PA 87-103: Fallon School Site Conditional Use Permit. On August 17,
1987, the Planning Commission approved a Conditional Use Permit to allow
a Community Facility in R-1-B-E District (Administrative Offices/
Corporation Yard and Kaleidoscope)
PA 88-098: Dublin Joint Unified School District Conditional Use Permit,
on November 2, 1988 Planning Commission approved a request to modify
conditions of approval relating to 6' tall masonry wall.
APPLICABLE REGULATIONS:
Section 8-1.3(a) of the Alameda County Subdivision Ordinance (as adopted
and amended by the City of Dublin) states in part, "The Planning Commission is
the Advisory Agency for the approval or disapproval of parcel maps and
tentative maps."
Section 8-2.9 of the Alameda County Subdivision Ordinance (as adopted
and amended by the City of Dublin) states, "The approval of a tentative map
shall be effective for two and one-half years, or for such shorter period as
may be specified by the advisory agency in approving the tentative map. Upon
application of the subdivider during the effective period, an extension of the
effective period up to three years may be granted or conditionally granted by
the Planning Commission, which is designated the advisory agency for this
purpose, upon the determination that circumstances under which the map was
approved have not changed to the extent which would warrant a change in the
design or improvement of the tentative map."
ENVIRONMENTAL REVIEW: The previously adopted Mitigated Negative
Declaration of Environmental Significance which
found that the proposed project will not have a
significant impact on the environment will be
used for this project application.
-2-
n
NOTIFICATION: Public Notice of the April 3, 1989, hearing was published in
The Herald, mailed to adjacent property owners, and posted in public
buildings.
ANALYSIS:
The Applicant is requesting approval of a Time Extension for Tentative
Tract 5616. Tentative Tract 5616 was approved by the Planning Commission on
September 15, 1986 for a 2-1/2 year period. Tentative Tract 5616 consists of
17 single-family residential lots, a 5-acre park site, the City Senior Center
lot and a remnant lot used for the Dublin Joint Unified School District's
Administrative Offices and corporation yard.
The subdivision ordinance authorizes the Planning Commission to approve
Tentative Map time extensions for up to three (3) years. Although the
Applicant is requesting a two-year time extension, Staff has included a
condition for the maximum three year time extension as permitted under the
provisions of the City Subdivision Ordinance and State Subdivision Map Act.
The Tentative Map approval required several adjustments to the 17 lot single-
family residential area detailed in Conditions 62, 63 and 64 of Resolution No.
86-053 (see Attachment 1). The Tentative Map submitted with the time
extension request does not incorporate the previously required lot
adjustments. Staff has included a new condition in the draft resolution
requiring submittal of a revised Tentative Map incorporating the modifications
within six months of the approval of the extension.
Since the approval of Tentative Tract 5616, the City Senior Center, the
School District Corporation Yard and the majority of Kolb Park have been
completed. However, that portion of the park improvements between the
existing park improvements and the proposed road in the single-family
residential area is not complete due to the continued use of the
administration portion of the school site. The completion of this portion of
the park improvements is the responsibility of the developer. A condition is
included in the draft resolution requiring the developer to complete these
park improvements in conjunction with the other subdivision improvements
required.
This application has been reviewed by Planning, Public Works, Building,
Police, Fire Departments and other public agencies with applicable conditions
incorporated into the draft resolution. This application is consistent with
the City's General Plan, Zoning and Subdivision Ordinance.
RECOMMENDATION:
FORMAT: 1) Open public hearing and hear Staff presentation.
2) Take testimony from Applicant and the public.
3) Question Staff, Applicant and the public.
4) Close public hearing and deliberate.
5) Adopt draft resolution relating to Tentative Map Extension
PA 89-026, or give Staff and Applicant direction and
continue the matter.
ACTION: Staff recommends the Planning Commission Adopt the Draft
Resolution (Exhibit A) approving a three-year time extension for
Tentative Tract 5616.
ATTACHMENTS:
Exhibit A: Draft Resolution approving PA 89-026
Background Attachments:
Attachment 1: Planning Commission Resolution No. 86-053 adopted
September 15, 1986
Attachment 2: Tentative Tract 5616
Attachment 3: Location Map
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RESOLUTION NO. 89 -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 89-026 DUBLIN JOINT UNIFIED SCHOOL DISTRICT
TENTATIVE MAP EXTENSION REQUEST FOR TENTATIVE MAP 5616
WHEREAS, Dublin Joint Unified School District filed an application for
Tentative Map Extension request for Tract 5616 (Planning Commission Resolution
No. 86-053), requesting a two (2) year extension; and
WHEREAS, the State of California Subdivision Map Act and the
adopted City of Dublin Subdivision Regulations require that no real property
may be divided into two or more parcels for the purpose of sale, lease or
financing unless a Tentative Map is acted upon, and a Final Map is approved
consistent with the Subdivision Map Act and City of Dublin Subdivision
Regulations; and
WHEREAS, the State of California Subdivision Map Act and the
adopted City of Dublin Subdivision Regulations allows the approval period of
Tentative Maps to be for two and one half (2-1/2) years, with extensions not to
exceed a total of three years; and
WHEREAS, the Planning Commission held a public hearing on said
application on April 3, 1989; 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 and has been found that
a Mitigated Negative Declaration of Environmental Significance has been
previously adopted (Planning Commission Resolution No. 86-052) for the
Tentative Tract 5616; and
WHEREAS, a Staff Report was submitted recommending approval of the
Tentative Tract Map Extension request for Tract 5616 (originally approved under
Planning Commission Resolution No. 86-053); and
WHEREAS, the Planning Commission heard and considered all said
reports, recommendations and testimony as hereinabove set forth; and
WHEREAS, the Tentative Map Extension request is consistent with the
standards established in the State of California Subdivision Map Act and the
adopted City of Dublin Subdivision Regulations.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission
does hereby find:
1) The Tentative Map Extension request for Tract 5616 as
modified is consistent with the intent of applicable subdivision regulations
and City zoning and related ordinances.
2) The Tentative Map Extension request for Tract 5616, as
modified, is consistent with the City's General Plan as they apply to the
subject property.
3) The Tentative Map Extension request for Tract 5616 will not
result in the creation of significant environmental impacts.
4) The Tentative Map Extension request for Tract 5616 will not
have substantial adverse effects on health or safety or be substantially
detrimental to the public welfare, or be injurious to property or public
improvements.
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Iw89-0210 ibesolu,hitoN
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5) The site is physically suitable for the proposed development
in that the site is indicated to be geologically satisfactory for the type of
development proposed in locations as shown, provided the geological
consultant's recommendations are followed; and the site is in a good location
regarding public services and facilities.
6) The site is physically suitable for the proposed development
in that the design and improvements are consistent with those of similar
existing residential developments which have proven to be satisfactory.
7) The request is appropriate for the subject property in terms
of being compatible to existing land uses in the area, will not overburden
public services, and will facilitate the provision of housing of a type and
cost that is desired, yet not readily available in the City of Dublin.
8) General site considerations, including lot layout,
topography, orientation and the location of future buildings, vehicular access,
circulation and parking, setbacks and similar elements have been designed to
provide a desirable environment for the development.
9) This project will not cause serious public health problems in
that all necessary utilities are, or will be, required to be available and
Zoning, Building, and Subdivision Ordinances control the type of development
and the operation of the uses to prevent health problems after development.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does
hereby conditionally approve the Tentative Map Extension request for PA 89-026
on file with the Dublin Planning Department subject to the following
conditions:
1. The Tentative Map Extension request for Tract 5616
(originally approved under Planning Commission Resolution No. 86-053) is
approved and valid until March 15, 1992. No further extensions will be
allowed.
2. The Applicant shall submit to the Planning Department for
review and approval a revised Tentative Map within six (6) months of this
approval (October 3, 1989) incorporating all applicable conditions of approval
from Planning Commission Resolution No. 86-053 and the associated Staff Study
dated 8/86 on file with the Dublin Planning Department PA 86-024.1.
3. The Developer shall conform to and complete the park
improvements between the existing park improvements and the proposed road to
the satisfaction of the City of Dublin Public Works Director. Said
improvements shall be completed in conjunction with the subdivision
improvements for Tentative Tract 5616.
PASSED, APPROVED AND ADOPTED this 3rd day of April, 1989.
AYES:
NOES:
ABSENT:
Planning Commission Chairperson
ATTEST:
Planning Director
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RESOLUTION NO. 86-053
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING TENTATIVE MAP 5616 CONCERING PA 86-024.1
FALLON SCHOOL SITE (WALLACE B. DUNCAN & ASSOCIATES/MURRAY SCHOOL DISTRICT)
WHEREAS, Wallace B. Duncan & Associates, on behalf of the Murray
• School District, request approval to subdivide 14.0+ acres into a 20 lot
subdivision creating the following lotting and land use pattern: Lots 1
through 17 - proposed for development as single family residential lots; Lot
18 - proposed for future development as a five-acre neighborhood park; Lot 19
- proposed for future use as the City Senior Recreational Center; and Lot 20 -
proposed for use as the Administrative Office and Corporation Yard for the
Murray School District and and continued use by the Kaleidoscope Center; and
WHEREAS, the State of California Subdivision Map Act and the
adopted City of Dublin Subdivision Regulations require that no real property
may be divided into two or more parcels for the purpose of sale, lease or
financing unless a tentative map is acted upon, and a final map is approved
consistent with the Subdivision Map Act and City of Dublin Subdivision
Regulations; and
WHEREAS, the Planning Commission did hold public hearings on
August 18, 1986, September 2, 1986, and September 15, 1986; and
WHEREAS, proper notice of said public hearings was given in all
respects as required by law; and
WHEREAS, The Staff Report was submitted recommending that the
Tentative Map be approved subject to conditions prepared by Staff; and
WHEREAS, the Planning Commission did hear and consider all said
reports and recommendations as herein above set forth; and
WHEREAS, pursuant to State and City environmental regulations, a
Mitigated Negative Declaration of Environmental Significance has been
previously adopted (Planning' Commission Resolution No. 86-052) for the
Tentative Map request and the concurrently requested Conditional Use Permit;
and
WHEREAS, the Planning Commission finds that the proposed Tentative
Map will not have a significant environmental impact;
NOW, THEREFORE, BE IT RESOLVED THAT THE Planning Commission does
hereby find:
1. Tentative Map 5616 is consistent with the intent of applicable
Subdivision Regulations and City Zoning and related Ordinances.
2. Tentative Map 5616 is consistent with the City's General Plan as
it applies to the subject property.
3. Tentative Map 5616 will not result in the creation of significant
environmental impacts.
4. Tentative Map 5616 will not have substantial adverse effects on
health or safety or be substantially detrimental to the public welfare, or be
injurious to property or public improvements.
5. The site is physically suitable for the proposed development in
that the site is indicated to be geologically satisfactory for the type of
development proposed in locations as shown, provided the geotechnical
consultant's recommendations are followed; and the site is in a good location
regarding public services and facilities.
ATTACHMENT_I
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6. The site is physically suitable for the proposed development in
that the design and improvements are consistent with and/or compatible to
those of similar existing residential developments which have proven to be
satisfactory.
7. The request is appropriate for the subject property in terms of
being compatible to existing land uses in the area, will not overburden public
services, and will facilitate the provision of housing of a type and cost that
is desired, yet not readily available in the City of Dublin.
8. General site considerations, including lot layout, topography,
anticipated orientation and location of future buildings, vehicular and
pedestrian access, circulation and parking, setbacks and similar elements will
be incorporated into the development through project design to provide a
desirable environment for the development.
9. This project will not cause serious public health problems in that
all necessary utilities are, or will be, required to be available and Zoning,
Building, and Subdivision Ordinances control the type of development and the
operation of the uses to prevent health problems after development.
BE IT FURTHER RESOLVED that the Planning Commission recommends
that the City Council approve Tentative Map 5616 - PA 86-024.1 subject to the
conditions listed below:
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CONDITIONS OF APPROVAL
Unless otherwise specified the following conditions shall be complied with
prior to the recordation of the Final Map. Each item is subject to review and
approval by the Planning Department unless othewise specified.
GENERAL PROVISIONS
1. This approval is for a single family residential development (Lots 1
through 17) , a lot for future development and use as a five-acre
neighborhood park site (Lot 18), a lot for future development and use as
a City Senior Recreational Center (Lot 19), and a remnant lot for use by
the Murray School District as their Administrative Offices and Corpora-
tion Yard and for continued use by the Kaleidoscope Center (Lot 20).
Development shall be generally consistent with the Revised Tentative Map
prepared by Wallace B. Duncan & Associates, consisting of one page, and
dated received August/8, 1986.
It
2. Except as may be specifically provided for within these Conditions of
Approval, the development shall comply with the City of Dublin Site
Development Review Standard Conditions.
3. Except as may be specifically provided for within these Conditions of
Approval, development shall comply with City of Dublin Police Services
Standard Residential Building Security Requirements.
4. Approval of this Tentative Map is for two and one-half years as
specified in Section 8-2.9 of the Subdivision Ordinance.
GENERAL PROVISIONS
5. Minimum dimensional criteria for the single family residential units
established in this project shall be as follows:
A. Front Yard Setback - 20-foot minimum
B. Side Yard Setbacks - 5-foot minimum
- 15-foot minimum aggregate
- 12-foot minimum street side sideyard
C. Rear Yard Setback - 20-foot minimum
D. Minimum Lot Size - 6,000 square feet
• In addition to the above, a majority of the two-story units established
in this project shall observe an additional front yard setback
requirement whereby the building face of the second story shall observe
a minimum setback of an additional five feet + from the building face of
the garage. Two-story units shall generally avoid use of shed-type roof
designs, but rather shall generally utilize a hip, or other wrap-around
roof design, which serves to mitigate possible visual impacts.
6. Except as specifically modified by the above listed minimum dimensional
criteria, the single family residential lots developed in this
subdivision shall be subject to the guidelines of the R-1, Single Family
Residential District as regards both land use and minimum/maximum
development criteria.
ARCHEOLOGY
7. If, during construction, archaeological remains are encountered,
construction in the vicinity shall be halted, an archaeologist
consulted, and the City Planning Department notified. If, in the
opinion of the archaeologist, the remains are significant, measures, as
may be required by the Planning Director, shall be taken to protect
them.
BONDS
8. Prior to release by the City Council of the performance and labor and
materials securities:
a. All improvements shall be installed as per the approved Improve-
ment Plans and Specifications.
b. All required landscaping along public streets shall be installed
and established.
c. An as-built landscaping plan for landscaping along public streets
prepared by a Landscape Architect, together with a declaration
that the landscape installation is in conformance with the
approved plans.
d. The following shall have been submitted to the City Engineer:
1) An as-built grading plan prepared by a registered Civil
Engineer, including original ground surface elevations, as-
graded ground surface elevations, lot drainage, and
locations of all surface and subsurface drainage facilities.
2) A complete record, including location and elevation of all
field density tests, and a summary of all field and
laboratory tests.
3) A declaration by the project Geologist or Soils Engineer
that all work was done in accordance with the recommen-
dations contained in the soil and geologic investigation
reports and specifications, and that continuous monitoring
was performed by a representative of the Soils Engineer.
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4) A declaration by the project Civil Engineer or Land Surveyor
that the finished graded building pads are within ± 0.1 feet
in elevation of those shown on the grading plan (or to any
approved modified grades).
DRAINAGE
9. Roof drains developed for new residential construction (Lots 1 - 17)
shall be tied into the storm drain system in a manner approved by the
City Engineer. Improvements and/or modifications to the existing
drainage system on Lot 20 shall be made by the Subdivider to the
satisfaction of the City Engineer in response to any grade changes on
surrounding lots created by this subdivision (i.e., interruption of
sheet flow drainage).
10. A minimum of 12" diameter pipe shall be used for all public storm drains
• to aid maintenance and reduce potential blockage.
11. Drainage facilities for this subdivision shall be provided as required
by the City Engineer.
12. Where storm overflows would flow through lots rather than follow the
street, the storm drain system shall be designed for a major storm to
avoid the flooding of lots.
DEBRIS/DUST/CONSTRUCTION ACTIVITY
13. Measures shall be taken to contain all trash, construction debris, and
materials on-site until disposal off-site can be arranged. The
Developer shall be responsible for corrective measures at no expense to
the City of Dublin.
14. The Subdivider shall keep adjoining public streets and driveways free
and clean of project dirt, mud, materials and debris, and clean-up shall
be made during the contruction period, as determined by the City
Engineer.
15. Construction and grading operations and delivery of construction
materials shall be limited to weekdays (Monday through Friday) and the
hours from 7:30 a.m. to 5:30 p.m., except as approved in writing by the
City Engineer.
EASEMENTS
16. Where the Subdivider does not have easements, he shall acquire
easements, and/or obtain rights-of-entry from the adjacent property
owners for improvements required outside of the property. Original
copies of the easements and/or rights-of-entry shall be in written form
and shall be furnished to the City Engineer.
17. Existing and proposed access and utility easements shall be submitted
for review and approval by the City Engineer prior to the grading and
improvement plan. These easements shall allow for practical vehicular
and utility service access for all lots.
18. The Subdivider shall be responsible for the development and recordation
of appropriate easement agreements which provides for the pedestrian and
bicycle access fro ristol Road across the 20-foot "stem" area at the
'eastern edge of Lolying between Lots 18 and 19 of Block 4, Tract
• 2286, to the lot proposed for future development as a five-acre
neighborhood park (Lot 18) and to the lot proposed for future use as a
Senior Recreational Center (Lot 19). Said agreement shall be subject to
review and approval by the City Attorney prior to recordation.
19. Public utility easements shall be established for the electric
distribution system and to provide for lines for the Telephone Company.
20. The Subdivider shall be responsible for the development and recordation
of an appropriate easement agreement which provides for pedestrian and
bicycle access from Larkdale Avenue across the southeast portion of Lot
20 to the future neighborhood park site. Said agreement shall be
subject to review and approval by the City Attorney prior to
recordation.
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21. The Subdivider shall be responsible for the development and recordation
of cross parking and access easement agreements between Lots 19 and 20
to provide reasonable parkin and access to the planned future Senior
Recreation Center on Lot..2 Said agreements shall be subject to review
and approval by the Ci Attorney prior to recordation.
FIRE �l o�/'O.
22. All materials and workmanship for fire hydrants, gated connections, and
appurtenances thereto, necessary to provide water supply for fire
protection, must be installed by the Developer and conform to all
requirements of the applicable provisions of the Standard Specifications
of Dublin San Ramon Services District. All such work will be subject to
the joint field inspection of the City Engineer and Dublin San Ramon
Services District.
23. All dwelling units within the project shall incorporate smoke detectors
and spark arrestors on fireplaces.
24. Fire hydrants at the locations approved by the DSRSD - Fire Department
shall be installed and operable, to the satisfaction of the DSRSD - Fire
Department, prior to combustible construction. Provision of raised blue
reflectorized pavement markers shall be made in the center of the
private vehicle accessways at each fire hydrant.
25. Each building and residence shall include a lighted, clearly visible
address.
FRONTAGE IMPROVEMENTS
26. Improvements shall be made, by the Applicant, along all streets within
and surrounding the subdivision, including curb, gutter, sidewalk,
paving, drainage, and work on the existing improvements, if determined
by the City Engineer to be necessary from a structural or grade
continuity standpoint.
GRADING
27. Prior to commencement of construction of any structures, a project
specific Soil and Foundation Study shall be performed to further address
the concerns outlined in the Reconnaisance Report prepared for the
project by Purcell, Rhoades & Associates, dated January 2, 1986. The
Report shall determine in detail the sub-surface conditions at the site
in order to provide soil parameters for foundation design, recommen-
dations for earth work and site drainage, and suggestions for site
maintenance. Site grading shall conform with the recommendations of the
project Soils Engineer, to the satisfaction of the City Engineer. A
declaration by the Soils Engineer that he has supervised grading and
that such conformance has occurred shall be submitted.
28. Prior to final preparation of the subgrade and placement of base
materials, all underground utilities shall be installed and service
connections stubbed out behind the sidewalk. Public utilities, Cable
TV, sanitary sewers, and water lines shall be installed in a manner
which will not disturb the street pavement, curb, gutter and sidewalk
when future service connections or extensions are made.
29. Grading shall be completed in compliance with the construction grading
plans and recommendations of the project Soils Engineer and/or
Engineering Geologist, and the approved erosion and sedimentation
control plan, and shall be done under the supervision of the project
Soils Engineer and/or Engineering Geologist, who shall, upon its
completion, submit a declaration to the City Engineer that all work was
done in accordance with the recommendations contained in the soils and
geologic investigation reports and the approved plans and specifica-
tions. Inspections that will satisfy grading plan requirements shall be
arranged with the City Engineer.
30. Any grading on adjacent properties will require written approval of
those property owners affected.
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31. Where soil or geologic conditions encountered in grading operations are
different from that anticipated in the soil and geologic investigation
report, or where such conditions warrant changes to the recommendations
contained in the original soil investigation, a revised soil or geologic
report shall be submitted for review by the City Engineer. It shall be
accompanied by an engineering and geological opinion as to the safety of
the site from hazards of land slippage, erosion, settlement and seismic
activity.
HANDICAPPED ACCESS
32. Handicapped ramps shall be provided within the new street improvements
within and adjoining the proposed 17-lot residential portion of the
project as required by the City Engineer.
IMPROVEMENT PLANS, AGREEMENTS AND SECURITIES
33. All improvements within the public right-of-way, including curb, gutter,
sidewalks, driveways, paving and utilities, must be constructed in
accordance with approved standards and/or plans.
34. Prior to filing for building permits, precise plans and specifications
for street improvements, grading, drainage (including size, type and
location of drainage facilities both on- and off-site) and erosion and
sedimentation control shall be submitted and subject to the approval of
the City Engineer.
35. The Subdivider shall enter into an Improvement Agreement with the City
for all public improvements. Complete improvement plans, specifications
and calculations shall be submitted to, and reviewed by, the City
Engineer and other affected agencies having jurisdiction over public
improvements prior to execution of the Improvement Agreement.
Improvement plans shall show the existing and proposed improvements
along adjacent public street(s) and property that relate to the proposed
improvements. All required securities, in an amount equal to 100% of
the approved estimates of construction costs of improvements, and a
labor and material security, equal to 50% of the construction costs,
shall be submitted to, and approved by, the City and affected agencies
having jurisdiction over public improvements, prior to execution of the
Improvement Agreement.
PARK DEDICATION
36.A. Park land shall be dedicated, or in-lieu fees shall be paid, or a
combination of both shall be provided prior to the recordation of the
Final Map. The preliminary park dedication land required in conjunction
with the project has been calculated to be approximately 0.187 acres
(0.011 acres/dwelling unit X 17 residential lots). Final determination
as to the means that the project's parkland dedication requirements will
be satisfied shall be made by the City Manager and City Engineer at the
approval of the Final Map.
B. In order to assure consistency with the Dublin General Plan policy
regarding neighborhood parks and recreation, a Tentative Map shall be
required prior to any land conveyance by the Murray School District.
Prior to the conveyance by the Murray School District of any real
property which is the subject of this Tentative Map, or within 60 days,
whichever occurs first, the Murray School District shall convey to the
City by deed that approximately five (5) acre portion of said real
property determined by the City Co satisfy the parklands requirement of
the Dublin General Plan.
In addition, prior to the conveyance by the Murray School District of
any real property which is the subject of this Tentative Map, or within
60 days, whichever occurs first, the Murray School District shall, by
deed or lease, provide the City with the right to occupy and use the
Fallon School Multi-purpose Room.
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STREETS
37. The minimum uniform gradient of streets shall be 0.5% and 1% on parking
areas, and 2% on soil drainage. The street surfacing shall be asphalt
concrete paving. The City Engineer shall review the project's Soils
Engineer's structural design. The Subdivider shall, at his sole
expense, make tests of the soil over which the surfacing and base is to
be constructed and furnish the test reports to the City Engineer. The
Subdivider's Soils Engineer shall determine a preliminary structural
design of the road bed. After rough grading has been completed, the
Developer shall have soil tests performed to determine the final design
of the road bed and parking areas.
38. An encroachment permit shall be secured from the City Engineer for any
work done within the public right-of-way where this work is not covered
under the improvement plans.
UTILITIES
39. New electrical, gas, telephone, and Cable TV services, shall be provided
underground to each lot or building in accordance with the City policies
and existing ordinances. All utilities shall be located and provided
within public utility easements, sized to meet utility company
standards, or in public streets.
40. Prior to filing of the grading and improvement plans, the Subdivider
shall furnish the City Engineer with'a letter from Dublin San Ramon
Services District (DSRSD) stating that the District has agreed to
furnish water and sewer service to the development.
41. The Subdivider shall secure DSRSD agreement to maintain the on-site
sanitary sewer collection system excluding individual laterals. The
system shall be designed as acceptable to DSRSD.
42. Water facilities must be connected to the DSRSD system, and must be
installed at the expense of the Developer, in accordance with District
standards and specifications. All material and workmanship for water
mains, and appurtenances thereto, must conform with all of the
requirements of the officially adopted Water Code of the Distict, and
will be subject to field inspection by the District.
43. Any water well, cathodic protection well, or exploratory boring shown on
the map, that is known to exist, is proposed or is located during the
course of field operations, must be properly destroyed, backfilled, or
maintained in accordance with applicable groundwater protection
ordinances. Zone 7 should be contacted at 443-9300 for additional
information.
44. Comply with DSRSD, Public Works, requirements, particularly regarding:
a. The elevation of the storm drain relative to the sewer lines.
b. The location of the sewer man-holes. They shall be in parking or
street areas accessible by District equipment.
c. Dedication of sewer lines.
d. Location and design of the water system values.
45. The project shall incorporate all reasonable water conservation
measures, including water conservation appliances. The project
Architect or Civil Engineer shall provide a letter to the Planning
Director or Building Inspector stating that water conservant toilets,
shower heads and automatic dishwashers with low flow cycles will be
installed in the units in this project.
MISCELLANEOUS
46. Copies of the project plans, indicating all lots, streets and drainage
facilities, shall also be submitted at 1" = 400-ft. scale, and
1" = 200-ft. scale for City mapping purposes.
47. There shall be compliance with DSRSD Fire Department requirements, Flood
Control District requirements, and Public Works requirements. Written
statements from each agency approving the plans over which it has
jurisdiction shall be submitted to the Planning Department prior to
issuance of Building Permits on lots of the subdivision or the
installation of any improvements related to this project.
48. Street names and lot addressing shall be provided to the satisfaction of
the DSRSD - Fire Department, Postal Services, and Dublin Planning
Department.
49. Install street light standards and luminaries of the design, spacing and
locations approved by the City Engineer.
50. The Subdivider shall furnish and install traffic safety signs in
•
accordance with the standards of the City of Dublin.
51. Street trees, of at least a 15-gallon size, shall be planted along the
street frontages at the residential portion of the subdivision. Trees
shall be planted in accordance with a planting plan, including tree
varieties and locations, approved by the Planning Director. Trees
planted within, or adjacent to, sidewalks or curbs shall be provided
with root shields.
52. A current title report and copies of the recorded deeds of all parties
having any record title interest in the property to be developed and, if
necessary, copies of deeds for adjoining properties and easements
thereto, shall be submitted at the time of submission of the grading and
improvement plans to the City Engineer.
53. Any relocation of improvements or public facilities shall be
accomplished at no expense to the City.
54. Information detailing the design, location and materials of all fencing,
and of retaining walls over two feet in height, shall be subject to
review and approval by the Planning Director prior to the approval of
the Final Map. The design of perimeter fencing shall be of a design
which will provide a low maintenance fence with more substantial
appearance and design. The Developer shall be responsible for the
installation of the rear and sideyard fences through the subdivision.
55. Signs established at the entrance to the residential portion of the
project for identification purposes, if proposed, shall be subject to
review and approval by way of a Site Development Review application to
determine sign location, copy construction materials and design.
56. The residential portion of the project shall be constructed as approved.
Minor modifications in the design, but not the use, may be approved by
Staff.
57. All physical improvements shall be in place prior to occupancy of any
lot in the project. If occupancy within the project is requested to
occur in phases, all physical improvements shall be required to be in
place prior to occupancy except for items specifically excluded in a
Construction-Phased Occupancy Plan approved by the Planning Department.
No individual unit shall be occupied until the adjoining area is
finished, safe, accessible, provided with all reasonable expected
services and amenities, and completely separated from remaining
additional construction activity. Any approved Construction-Phased
Occupancy Plan shall have sufficient cash deposits or other assurances
to guarantee that the project and all associated`improvements shall be
installed in a timely and satisfactory manner. At the request of the
Planning Director, written acknowledgements of continuing construction
activity shall be secured from the property owners and any and all
occupants for the portion of the project to be occupied, and shall be
filed with the Planning Department. Said acknowledgements for a
subdivision shall be part of the settlement documents between the
Subdivider and buyer.
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58. Detailed planting and irrigation plans shall be developed and submitted
for review and approval by the Planning Director for the following four
areas: Area A - a 15' x 150' strip at the west side of the proposed
fence at the rear of Lots 18 and 19 of Tract 2286; Area B - a 10' x 308'
strip along the common boundary of Lots 18 and 20; Area C - a 10' x 365'
strip adjoining the rear (south) side of proposed Lots 14 - 17; and Area
D - a 10' x 275' strip along the rear (east) side of Lots 10 through 13
of Tract 2286. Tree planting within these areas shall be at a minimum
planting ratio of one tree @ 15 linear feet or an alternate standard
approved by the Planning Director. Trees shall be a minimum 15 gallon
size. Installation of planting and irrigation in Area A shall occur
prior to the establishment of the proposed Corporation Yard land use
activity on the adjoining portion of proposed Lot 20. Installation of
• planting and irrigation in Area B shall be done in conjunction with the
• development of the proposed neighborhood park on proposed Lot 18.
Installation of planting and irrigation in Area C shall be assured
through the posting by the Subdivider of an appropriate performance
guarantee prior to the issuance of building permits for the proposed
residential units on Lots 1 - 17 and shall be installed prior to
occupancy of the residential structures on proposed Lots 14 - 17.
Installation of planting and irrigation in Area D shall be established
prior to the relocation of any Corporation Yard activities or related
exterior storage. The School District shall be responsible for the
ongoing care and upkeep of tree planting established on Lot 20.
59. Physical improvements that must be in place prior to final inspection
and occupancy of any units shall include, but not be limited to, the
following items:
A. Storm drainage facilities shall have been installed as approved by
the City Engineer.
B. Fire protection devices shall have been installed, be operable,
and conform to the specifications of and inspections by the Dublin
San Ramon Services District Fire Department.
C. Cable TV hook-up shall be provided to each unit.
D. Street name signs, bearing such names as are approved by the
Planning Director, shall have been installed.
60. As-built drawings showing the locations of all underground utilities
(water, storm and sanitary sewer, gas, electric, telephone and cable TV)
shall be provided to the City.
61. Should occupancy of the units in the project be phased:
A. The undeveloped area shall be maintained as acceptable to the
DSRSD - Fire Department and shall be kept free of trash and
debris.
B. A road system of a design determined acceptable to the City
Engineer and the Planning Department shall be installed.
62. The rear (southerly) property line of Lots 14 through 17 shall be
modified to be a straight line projection at the line proposed for Lot
14 (increases the depth of Lot 15 by up to 6± feet, increases the depth
of Lot 16 from 6+ to 12± feet, and increases the depth of Lot 17 from
12+ feet to 19± feet).
63. The right-of-way and face-of-curb to face-of-curb widths for the street
sections of Courts A and B shall be reduced to a 48-foot right-of-way
width and a 36-foot face-of-curb to face-of-curb width. The diameter-
dimension of the right-of-way and the face-of-curb to face-of-curb
dimension for the cul-de-sac bulbs for Courts A and B shall be reduced
to a right-of-way diameter of 82 feet and a face-of-curb to face-of-curb
dimension of 70 feet.
64. The minimum depth of Lots 4, 5, 9, 10, 11, 12, 16 and 17 shall be
increased to 90'. If necessary, the rear (southerly) property line of
Lots 14 through 17 shall be moved further to the south to allow this
standard to be observed.
-9-
65. The size and configuration of Lot 19 shall be modified as necessary to
observe all pertinent Building Code setback requirements.
66. An Acoustical Study shall be prepared and submitted at the time building
permits are requested for Lots 1 through 17. The Acoustical Study shall
determine existing and future noise levels and outline specific
construction and design measures that will be needed to provide
appropriate noise attenuation.
67. The Alameda County Flood Control and Water Conservation District (ACFC &
WCD) groundwater monitoring well (2S/1W 36E3) on the south side of
Brighton Drive, approximately 80 feet east of the proposed "A" Street,
shall be preserved in a manner that will allow samples and measures to
be readily taken by ACFC and WCD. Known water wells without a docu-
• mented intent of future use, filed with Zone 7, are to be destroyed
• prior to any demolition or construction activity in accordance with a
well destruction permit obtained from Zone 7. Other wells encountered
prior to or during construction are to be treated similarly.
PASSED, APPROVED AND ADOPTED this 15th day of September, 1986.
AYES: Commissioners Burnham, Mack, Petty and Raley
NOES: None
ABSENT: Commissioner Barnes
Planning mmission Chairperson
ATTE T:
Planning Director
-10-
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R
CITY OF DUBLIN
PLANNING COMMISSION
SUPPLEMENTAL STAFF REPORT
Meeting Date: April 3, 1989
TO: Planning Commission
FROM: Planning Staff
4
SUBJECT: PA 88-076 Agency Rent-A-Car Conditional Use
Permit
GENERAL INFORMATION:
PROJECT: Conditional Use Permit request to operate a
rental car business and temporary rental car
storage lot at 7000 Village Parkway
APPLICANT/REPRESENTATIVE: Agency Rent-A-Car, Inc.
7000 Village Parkway
Dublin, CA 94568
PROPERTY OWNER: Pearl Investment Company
7000 Village Parkway, Suite 4
Dublin, CA 94568
LOCATION: 7000 Village Parkway
ASSESSOR PARCEL NUMBER: 941-210-6
PARCEL SIZE: 1.10+ acres
GENERAL PLAN
DESIGNATION: Commercial Industrial/Retail-Office and
Automotive
EXISTING ZONING
AND LAND USE: C-2-B-40/General Commercial District-Combining
District/Office and Commercial Uses
SURROUNDING LAND USE
AND ZONING: North: Various Retail Commercial and Office
Uses/C-2-B-40
South: Various Retail Commercial and Office
Uses/C-2-B-40
East: Various Retail Commercial and Office
Uses/C-2-B-40
West: Interstate 680
APPLICABLE REGULATIONS:
Section 8-49.2(g) of the Dublin Zoning Ordinance states that a
automobile storage or rental lot in the C-2 zoning district can be considered
through the Conditional Use Permit process.
COPIES TO: Applicant
fT��f Owner
ITEM NO. /�+ / File PA 88-076
n
Section 8-94.0 states that conditional uses must be analyzed to
determine: 1) whether or not the use is required by the public need; 2)
whether or not the use will be properly related to other land uses,
transportation and service facilities in the vicinity; 3) whether or not the
use will materially affect the health or safety of persons residing or working
in the vicinity; and 4) whether or not the use will be contrary to the
specific intent clauses or peformance standards established for the district
in which it is located.
Section 8-94.4 states the approval of a Conditional Use Permit may be
valid only for a specified term, and may be made contingent upon the
acceptance and observance of specified conditions, including but not limited
to the following matters:
a) substantial conformity to approved plans and drawings;
b) limitations on time of day for the conduct of specified activities;
c) time period within which the approval shall be exercised and the proposed
use brought into existence, failing which, the approval shall lapse and be
void;
d) guarantees as to compliance with the terms of the approval, including the
posting of bond;
e) compliance with requirements of other departments of the City/County
Government.
BACKGROUND:
During the meeting of March 20, 1989, the Planning Commission heard Staff's
presentation on Agency Rent-A-Car's request for a Conditional Use Permit to
operate a rental car business and temporary rental car storage lot at 7000
Village Parkway. Staff recommended that the Commission approve the request
subject to compliance with conditions of approval listed in the draft
resolution accompanying the Staff Report dated March 20, 1989.
When the Commission called for public testimony, no one was present to speak
in behalf of Agency Rent-A-Car. The Commission felt it was important to have
a representative present to answer any questions raised on this request.
Because no one was present, the Commission continued the request to tonight's
meeting in order to make certain that an Agency Rent-A-Car representative is
present. The Applicant has indicated that one of their representatives will
attend the meeting.
RECOMMENDATION:
FORMAT: 1) Open public hearing and hear Staff presentation.
2) Take testimony from Applicant and the public.
3) Question Staff, Applicant and the public.
4) Close public hearing and deliberate.
5) Adopt Resolution approving PA 88-076, or give Staff and
Applicant direction and continue the matter.
ACTION: Staff recommends that the Planning Commission adopt the attached
Resolution approving the Conditional Use Permit for Agency Rent-
A-Car, PA 88-076
ATTACHMENTS:
Exhibit A: Draft Resolution approving PA 88-076
Background Attachment:
Attachment 1: Planning Commission Agenda Statement/Staff Report dated
March 20, 1989.
•
-2-
RESOLUTION NO. 89 -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 88-076 AGENCY RENT-A-CAR CONDITIONAL USE PERMIT
REQUEST TO OPERATE A RENTAL CAR BUSINESS AND
TEMPORARY RENTAL CAR STORAGE LOT AT 7000 VILLAGE PARKWAY
WHEREAS, Agency Rent-A-Car filed an application for a Conditional Use
Permit (PA 88-076) to operate a rental car business and temporary rental car
storage lot at 7000 Village Parkway; and
WHEREAS, Section 8-49.2(g) (Conditional Uses: C-2 District) of the City
Zoning Ordinance states that an automobile storage or rental lots are permitted
subject to approval of a Conditional Use Permit; and
WHEREAS, this application has been reviewed in accordance with the
provisions of the California Environmental Quality Act and has been found to be
Categorically Exempt; and
WHEREAS, a notice of public hearing was published in the Herald, posted
in public buildings, and mailed to property owners within 300 feet of the
project in accordance with California State Law; and
WHEREAS, a Staff analysis was submitted recommending conditional approval
of the application; and
WHEREAS, the Planning Commission held a public hearing on March 20, 1989
to consider all reports, recommendations and testimony; and
WHEREAS, the Planning Commission determined that it would be
inappropriate to make a decision on this application without the Applicant
being present, and consequently the Commission continued the public hearing;
and
WHEREAS, the Planning Commission held a public hearing on April 3, 1989
to consider all reports, recommendations and testimony.
NOW, THEREFORE BE IT RESOLVED THAT THE Dublin Planning Commission does
hereby find that:
a) The use is required to serve a public need in that it provides a
car rental service to the community.
b) The use will be properly related to other land uses and
transportation and service facilities in the vicinity in that daytime
activities will be commensurate with present use of properties in the
neighborhood.
c) The use, under all circumstances and conditions of this particular
case, will not materially affect adversely the health or safety of persons
residing or working in the vicinity, or be materially detrimental to the public
welfare or injurious to property or improvements in the neighborhood, in that
all applicable regulations will be met.
d) The use will not be contrary to the specific intent clauses or
performacne standards established for the district in which it is to be located
in that the car rental business is an office use which is consistent with the
character of the commercial district.
BE IT FURTHER RESOLVED THAT THE Planning Commission does hereby
conditionally approve PA 88-076 subject to the following conditions contained
in this resolution:
1) Agency Rent-A-Car's approval is for the operation of a rental car
business and temporary rental car storage lot at 7000 Village Parkway. The
activities associated with the business will be limited to the following:
a. rental car office operations including administrative and
management duties, telemarketing, and customer interface;
b. rental car pick up and delivery; and
c. temporary storage of rental cars in the parking lot at 7000
Village Parkway.
2) Agency Rent-A-Car's occupancy shall be limited to the 550 Square
foot tenant space which they now occupy at 7000 Village Parkway. Any expansion
beyond this must be considered by the Planning Department prior to the
expansion taking place.
3) Temporary storage and parking of Agency Rent-A-Car vehicles shall
be limited to a maximum of ten (10) cars on the site at any one time.
4) Agency Rent-A-Car vehicles shall be stored overnight on a temporary
basis only.
5) Agency Rent-A-Car vehicles shall be parked in the rear western
portion of the site in order to maintain the remainder of the parking spaces
available to other tenants and customers on this site.
6) This permit shall expire on April 12, 1990. The approval period
may be extended two (2) additional years (the Applicant must submit a written
request for an extension prior to the expiration date of the Conditional Use
Permit) by the Planning Director upon the Director's determination that the
Conditions of Approval remain adequate to assure that the stated findings will
continue to be met.
7) This permit shall be revocable for cause in accordance with Section
8-90.3 of the Dublin Zoning Ordinance
PASSED, APPROVED AND ADOPTED this 3rd day of April, 1989.
AYES:
NOES:
ABSENT:
Planning Commission Chairperson
ATTEST:
Planning Director
-2-
CITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date: March 20, 1989
TO: Planning Commission
FROM: Planning Staff7—
C.
SUBJECT: PA 88-076 Agency Rent-A-Car Conditional Use
Permit
' GENERAL INFORMATION:
PROJECT: Conditional Use Permit request to operate a
rental car business and temporary rental car
storage lot at 7000 Village Parkway
APPLICANT/REPRESENTATIVE: Agency Rent-A-Car, Inc.
7000 Village Parkway
Dublin, CA 94568
PROPERTY OWNER: Pearl Investment Company
7000 Village Parkway, Suite 4
Dublin, CA 94568
LOCATION: 7000 Village Parkway
ASSESSOR PARCEL NU 3ER: 941-210-6
PARCEL SIZE: 1.10+ acres
GENERAL PLAN
DESIGNATION: Commercial Industrial/Retail-Office and
Automotive
EXISTING ZONING
AND LAND USE: C-2-B-40/General Commercial District-Combining
District/Office and Commercial Uses
SURROUNDING LAND USE
AND ZONING: North: Various Retail Commercial and Office
Uses/C-2-B-40
South: Various Retail Commercial and Office
Uses/C-2-3-40
East: Various Retail Commercial and Office
Uses/C-2-3-40
West: Interstate GS0
ZONING HISTORY:
V-6046: On March 14, 1973, the Alameda County Zoning Administrator
approved a Variance application to allow the construction of 13,920+
square foot office building with a reduced front yard setback (25' where
30' is required) and a reduced sideyard setback (12' where 20' is
required) .
„.„4-iOPISS TO: Applicant
4 Owner
I'1' �l NO ` ` rile PA SS-0 6
S-471: On April 4, 1973, the Alameda County Planning Director approved
a Site Development review application to allow the construction of a
13,920+ square foot office building with reduced front and side yards.
APPLICABLE REGULATIONS:
Section 8-49.2(g) of the Dublin Zoning Ordinance states that a
automobile storage or rental lot in the C-2 zoning district can be considered
through the Conditional Use Permit process.
Section 8-94.0 states that conditional uses must be analyzed to
determine: 1) whether or not the use is required by the public need; 2)
whether or not the use will be properly related to other land uses,
transportation and service facilities in the vicinity; 3) whether or not the
use will materially affect the health or safety of persons residing or working
• in the vicinity; and 4) whether or not the use will be contrary to the
specific intent clauses or peformance standards established for the district
in which it is located.
Section 8-94.4 states the approval of a Conditional Use Permit may be
valid only for a specified term, and may be made contingent upon the
acceptance and observance of specified conditions, including but not limited
to the following matters:
a) substantial conformity to approved plans and drawings;
b) limitations on time of day for the conduct of specified activities;
c) time period within which the approval shall be exercised and the proposed
use brought into existence, failing which, the approval shall lapse and be
void;
d) guarantees as to compliance with the terms of the approval, including the
posting of bond;
e) compliance with requirements of other departments of the City/County
Government.
ENVIRONMENTAL REVIEW: This project has been found to be Categorically
Exempt from CEQA under Section 15303, Class 3(c)
of the California Environmental Quality Act
Guidelines
NOTIFICATION: Public Notice of the March 20, 1989, hearing was published
in The Herald, mailed to adjacent property owners, and posted in public
buildings.
BACKGROUND:
This Conditional Use Permit application is a result of the Zoning
Investigator identifying the operation of a rental car business and car
storage lot at 7000 Village Parkway. The Zoning Investigator asked the
manager of this business to apply for a Conditional Use Permit for
consideration to continue operating here. The Zoning Investigator issued one
violation notice to the business before Agency Rent-A-Car finally applied for
the Conditional Use Permit. The issue is now before the Planning Commission
for consideration.
ANALYSIS:
This application involves a request from Agency Rent-A-Car for a
Conditional Use Permit to operate a rental car business office and temporary
car storage lot at 7000 Village Parkway. The City's Zoning Ordinance requires
Conditional Use Permit approval to operate a rental car lot in the C-2 zoning
district.
This site presently contains a 13,920+ square foot building originally
built for office uses. At this time, the building houses nine office tenants
(including Agency Rent-A-Car) and one retail/commercial tenant (a beauty
salon/boutique). The site contains 71 parking spaces for use by tenants
occupying this building.
Agency Rent-A-Car presently occupies 550 square feet in this office
building. Business hours are Monday through Thursday, 8 a.m. to 5:30 p.m.,
Friday 8 a.m. - 6 p.m. and Saturday 9 a.m. - 12 p.m. Activities associated
with the business include: administrative and management duties typical of a
rental car business; telemarketing; drawing up rental agreements; interfacing
with customers; and temporary storage of rental cars.
With respect to the temporary storage of rental cars, Agency Rent-A-Car
Staff says their operation usually runs as follows:
1. During the course of the business day during the week (Monday
through Friday) there can be as many as five rental cars parked on
the site at any time. However, this is an extreme situation. In
most cases, the cars are rented out and on the road, usually
leaving no more than two vehicles on the site during business
hours. -
2. Generally on week nights there are no more than three cars stored
on the site. Normally, this is just overnight. The cars are
usually rented out and off the site by the next morning.
3. During the weekend (Friday night after the close of business to
Monday morning up to approximately 11 a.m.) it is possible for as
many as ten cars to be stored on the site. These cars are usually
back on the road by 11 a.m. Monday morning.
Agency Rent-A-Car Staff has indicated that it is there intent to rent
out all of their cars as quickly and efficiently as possible. It is business
policy to move the cars to another office where they can be rented, in the
event of a slow down of business in Dublin.
Parking
The 13,920+ square foot building requires the following number of on-site
parking spaces:
Use Square Footage Parking Ratio Required Spaces
Office (excludes 12,140 sq.ft. 1 space/250 sq. ft. 48.56
beauty salon and of floor area
American Speedy)
Retail/Commercial 1,780 sq.ft. 1 space/300 sq. ft. •
(includes beauty of floor area 5.93
salon and American
Speedy)
TOTAL PARKING SPACES REQUIRED: 54.49
Based upon the fact that there are 71 parking spaces on the site, with a
total site requirement of 54 spaces, there is an excess of 17 parking spaces
available. This is more than adequate to allow the approval of Agency Rent-
A-Car's operation on this site as it presently exists.
Staff has visited •the site on four separate occasions to observe the'
parking situation. The following results indicate that parking does not
appear to create a problem on the site even with Agency Rent-A-Car's business
in operation here.
-3-
n n
Date/Time Parking Spaces Occupied On-Site
3/13/89 at 9:15 a.m. 24
3/14/89 at 1:00 p.m. 23
3/14/89 at 5:30 p.m. 18
3/15/89 at 4:00 p.m. 22
It should be noted that although Staff did not notice any parking
problems on the site during these times, the property owner representative
(Ken Begun of Pearl Investment Company) did indicate at previous Planning
Commission and City Council meetings (during the review of the Hucke Sign
Program appeal) that he was concerned with customers from the Hucke properties
(next door to the north) using parking spaces at 7000 Village Parkway.
Given that this proposal is consistent with the requirements of the
Dublin General Plan and Zoning Ordinance and has been reviewed by other City
departments without any indication of problems, Staff recommends that the
Conditional Use Permit request for PA 88-076 be approved subject to the
Conditions of Approval in the draft resolution shown as Exhibit A of this
Staff Report.
RECOMMENDATION:
FORMAT: 1) Open public hearing and hear Staff presentation.
2) Take testimony from Applicant and the public.
3) Question Staff, Applicant and the public.
4) Close public hearing and deliberate.
5) Adopt Resolution approving PA 88-076, or give Staff and
Applicant direction and continue the matter.
ACTION: Staff recommends that the Planning Commission adopt the attached
Resolution approving the Conditional Use Permit for Agency Rent-
A-Car, PA 88-076
ATTACHMENTS:
Exhibit A: Draft Resolution approving PA 88-076
Background Attachments:
Attachment 1: Applicant's Written Statement
Attachment 2: Site Plan
Attachment 3: Floor Plan
Attachment 4: Location/Zoning Map
Attachment 5: Photographs
RESOLUTION NO. 89 -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 88-072 AGENCY RENT-A-CAR CONDITIONAL USE PERMIT
REQUEST TO OPERATE A RENTAL CAR BUSINESS AND
TEMPORARY RENTAL CAR STORAGE LOT AT 7000 VILLAGE PARKWAY
WHEREAS, Agency Rent-A-Car filed an application for a Conditional Use
Permit (PA 88-076) to operate a rental car business and temporary rental car
storage lot at 7000 Village Parkway; and
WHEREAS, Section 8-49.2(g) (Conditional Uses: C-2 District) of the City
Zoning Ordinance states that an automobile storage or rental lots are permitted
subject to approval of a Conditional Use Permit; and
WHEREAS, this application has been reviewed in accordance with the
provisions of the California Environmental Quality Act and has been found to be
• Categorically Exempt; and
WHEREAS, a notice of public hearing was published in the Herald, posted
in public buildings, and mailed to property owners within 300 feet of the
project in accordance with California State Law; and
WHEREAS, a Staff analysis was submitted recommending conditional approval
of the application; and
WHEREAS, the Planning Commission held a public hearing on March 20, 1989
to consider all reports, recommendations and testimony.
NOV, THEREFORE BE IT RESOLVED THAT THE Dublin Planning Commission does
hereby find that:
a) The use is required to serve a public need in that it provides a
car rental service to the community.
b) The use will be properly related to other land uses and
transportation and service facilities in the vicinity in that daytime
activities will be commensurate with present use of properties in the
neighborhood.
c) The use, under all circumstances and conditions of this particular
case, will not materially affect adversely the health or safety of persons
residing or working in the vicinity, or be materially detrimental to the public
welfare or injurious to property or improvements in the neighborhood, in that
all applicable regulations will be met.
d) The use will not be contrary to the specific intent clauses or
performacne standards established for the district in which it is to be located
in that the car rental business is an office use which is consistent with the
character of the commercial district.
BE IT FURTHER RESOLVED THAT THE Planning Commission does hereby
conditionally approve PA 88-076 subjected to the following conditions contained
in this resolution:
1) Agency Rent-A-Car's approval is for the operation cf a rental car
business and temporary rental car storage lot at 7000 Village Parkway. The
activities associated with the business will be limited to the following:
a. rental car office operations including administrative and
management duties, telemarketing, and customer interface;
b. rental car pick up and delivery; and
c. temporary storage of rental cars in the parking lot at 7000
Village Parkway.
11 XiI'IT±A
2) Agency Rent-A-Car's occupancy shall be limited to the 550 Square
foot tenant space which they now occupy at 7000 Village Parkway. Any expansion
beyond this must be considered by the Planning Department prior to the
expansion taking place.
3) Temporary storage and parking of Agency Rent-A-Car vehicles shall
be limited to a maximum of ten (10) cars on the site at any one time.
4) Agency Rent-A-Car vehicles shall be stored overnight on a temporary
basis only.
5) Agency Rent-A-Car vehicles shall be parked in the rear western
portion of the site in order to maintain the remainder of the parking spaces
available to other tenants and customers on this site.
6) This permit shall expire on March 29, 1990. The approval period
may be extended two (2) additional years (the Applicant must submit a written
request for an extension prior to the expiration date of the Conditional Use
Permit) by the Planning Director upon the Director's determination that the
Conditions of Approval remain adequate to assure that the stated findings will
continue to be met.
7) This permit shall be revocable for cause in accordance with Section
8-90.3 of the Dublin Zoning Ordinance
PASSED, APPROVED AND ADOPTED this 20th day of March, 1989.
AYES:
NOES:
ABSENT:
Planning Commission Chairperson
ATTEST:
Planning Director
•
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AGENCY RENT A CAR
Rod Barger
Development Services
PO Box 2340
Dublin CA 94568
Mr Barger;
The following is an explanation of the type of business Agency Rent
A Car wishes to operate at 7000 Village pkwy Suite J-1;
The office would be open Monday through Thursday from 8am-5 :30pm.
The office will be open on Friday from 8am - 6pm, and Saturday
from gam - 12pm. The activities taking place in the office will
consist of telemarketing , the signing of rental agreements for
people coming into the office , and the dispatching of deliveries .
Due to the market our company targets, a small number of cars are
on the lot at any one time . Historically, there are fewer than
five cars on the lot through the course of the day. This is due
• to the fact that cur company will deliver cars to people in need;
•
therefore , at the conclusion of a rental the car does not automatically
return to the office . On the weekend it is possible for as many as
• lot .cars to be parked on the These cars are normally rented
and back on the road by 11am Monday morninc . Cars that are stored
on site are normally stored overnight only. In the event that the
office should not be able to rent out its cars , it is the owner' s
policy to move the cars to an office where they will be rented;
this prevents a large number of cars sitting around indefinitely
detracting from the sites , and the cities beauty.
•
RE ;CEIM, ED
nti91389,
•
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• DUBLIN PLANNING
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CITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date: April 3, 1989
TO: Planning Commission
FROM: Planning Staff
SUBJECT: PA 89-015 The Good Guys Temporary Promotional
Display Conditional Use Permit 60-day Time Frame
GENERAL INFORMATION:
PROJECT: Conditional Use Permit request to allow the
display of a rooftop balloon for promotions for
a 60-day cumulative period within a twelve month
time frame
APPLICANT/REPRESENTIATVE: The Good Guys
1649 Adrian Road
Burlingame, CA 94568
Attn: Kathleen Castle
PROPERTY OWNER: Enea Properties
6670 Amador Plaza Road
Dublin, CA 94568
Attn: Robert Enea
LOCATION: 6700 Amador Plaza Road
ASSESSOR PARCEL NUMBER: 941-1500-40
PARCEL SIZE: 5+ acres
GENERAL PLAN
DESIGNATION: Commercial/Industrial Retail/Office and
Automotive
SPECIFIC PLAN
DESIGNATION: The Downtown Dublin Specific Plan designates
land uses for this site - retail, office, hotel,
restaurant and commercial recreation facilities.
EXISTING ZONING
AND LAND USE: PD, Planned Development District, Specialty
Retail/Office and Service Uses, Enea Plaza
SURROUNDING LAND USE
AND ZONING: North: Restaurant/C-2 General Commercial
District
South: Vacant Lot/PD, Planned Development
District
East: Retail Auto Sales/C-2
West: Enea Plaza Retail Complex, Phase 1/PD,
Planned Development District
r COPIES TO: Applicant
Owner
.1.�
ITEM NO. fv .J File PA 89-015
n n
ZONING HISTORY:
7/29/63: A Conditional Use Permit was issued for a drive-in theater
over the entire 22+ acre Enea Plaza holding.
5/1/67 & 4/1/70: Conditional Use Permits were approved for an indoor
theater at the northeast corner of the property.
5/3/79: A Parcel Map was approved to subdivide the property into five
parcels.
10/22/80: A Site Development Review request was approved by Alameda
County for the construction of six office buildings at the end of the
Amador Plaza Road (four were constructed).
4/2/81: Approval was granted by the Alameda County Board of Supervisors
rezoning the site from C-2, General Commercial District to a PD, Planned
Development District allowing C-0, Administrative Office District uses
including a racquetball club, gymnasium, restaurant and other C-1 Retail
Business District uses that are determined to be compatible with C-0
uses (1464th Zoning Unit).
8/23/84: The Applicant submitted a Site Development Review application
to construct a one-story retail building, a two-story retail and office
building, and an addition to the existing theater. This application was
found to be incomplete and no further action was taken on the
application (PA 84-023).
2/25/85: The Dublin City Council denied a PD, Planned Development
District Rezoning request to rezone the northerly 16.3 acres of the Enea
Plaza holding to a PD, Planning Development District allowing C-1,
Retail Business District type uses (PA 84-040).
9/25/86: The Dublin Planning Director approved a Site Development
Review application for the construction of a three-building 42,000+
square foot single story retail complex (PA 86-071).
7/27/87: The Dublin City Council approved a rezoning request to rezone
approximately 5.0+ acres from a PD, Planning Development District
allowing C-0, Administrative Office District uses and a limited range of
compatible C-1, Retail Business District uses to a new PD, Planning
Development District allowing a range of retail shopper, office,
personal service and financial uses, including Parcels A, B and a
portion of C of Parcel Map 2922 (PA 87-018).
2/8/88: The Dublin City Council approved a Variance request appeal to
establish a wall mounted business sign which is not located on a primary
or secondary building frontage of the retail space which it proposed to
identify.
3/28/88: The Dublin City Council approved a Planned Development
Rezoning request to rezone the southern 3.0+ acres of APN 941-1500-040
(located on the west side of Amador Plaza Road near Dublin Boulevard)
from a PD, Planned Development District (Alameda County Ordinance No.
81-26 for the 1464th Zoning Unit) to a new PD, allowing a range of
retail, office, personal service and financial uses, identical to those
permitted by City Council Resolution No. 41-87 and Planned Development
Application PA 87-018.
3/6/88: The Dublin Planning Commission approved a Conditional Use
Permit for The Good Guys to allow car stereo installation within the
main building at the Enea Plaza Retail Complex, 6700 Amador Plaza Road
(PA 88-031).
8/5/88: The Dublin Planning Director approved an Administrative
Conditional Use Permit request for The Good Guys to allow a roof-mounted
cold-air balloon temporary promotional display for the grand opening of
The Good Guys, 6700 Amador Plaza Road (PA 88-075).
2
10/20/88: The Dublin Planning Director approved a 30-day Administrative
Conditional Use Permit request for The Good Guys to allow a roof-mounted
cold-air balloon temporary promotional display to advertise special
sales events (PA 88-104).
APPLICABLE REGULATIONS:
Section 8-87.60c) (Signs Requiring Conditional Use Permits) states, in
part, that temporary promotional displays (banners, penannts, flags, balloons,
searchlights and similar advertising devices), when used for special
promotional events for periods that cumulatively do not exceed a maximum of
sixty (60) days annually, and on an individual promotional event basis do not
exceed fourteen (14) consecutive days of display, can be considered through
the Conditional Use Permit process.
Section 8-94.0 states that conditional uses must be analyzed to
determine: 1) whether or not the use is required by the public need; 2)
whether or not the use will be properly related to other land uses,
transportation and service facilities in the vicinity; 3) whether or not the
use will materially affect the health or safety of persons residing or working
in the vicinity; and 4) whether or not the use will be contrary to the
specific intent clauses or peformance standards established for the district
in which it is located.
Section 8-94.4 states the approval of a Conditional Use Permit may be
valid only for a specified term, and may be made contingent upon the
acceptance and observance of specified conditions, including but not limited
to the following matters:
a) substantial conformity to approved plans and drawings;
b) limitations on time of day for the conduct of specified activities;
c) time period within which the approval shall be exercised and the proposed
use brought into existence, failing which, the approval shall lapse and be
void;
d) guarantees as to compliance with the terms of the approval, including the
posting of bond;
e) compliance with requirements of other departments of the City/County
Government.
ENVIRONMENTAL REVIEW: This project has been found to be Categorically
Exempt from CEQA under Section 15311, Class 11 of
the California Environmental Quality Act
Guidelines.
NOTIFICATION: Public Notice of the April 3, 1989, hearing was published in
The Herald, mailed to adjacent property owners, and posted in public
buildings.
ANALYSIS:
The Good Guys retail stereo and television sales store is requesting
Conditional Use Permit approval to allow the use of a 35' tall cold-air
balloon on the roof of their store located at 6700 Amador Plaza Road. The
Applicant proposes to use the roof-mounted balloon for special promotional
events at their facility. The Good Guys would like to utilize the balloon for
up to 60 cumulative days of special event advertising over a one-year period.
The City's sign regulations indicate that requests for the use of special
promotional displays (including roof-mounted cold-air balloons) for cumulative
periods up to a maximum of sixty (60) days over a one-year period, must be
considered through the Conditional Use Permit process.
-3-
r1
It should be noted that The Good Guys received two (2) previous
Administrative Conditional Use Permit approvals for the use of the roof-
mounted cold-air balloon. One approval was for their Grand Opening where they
utilized the balloon for a total of 30 days during their first 60 days of
business operations. The second approval allowed the use of the roof-mounted
balloon for a total 30 days of special advertising. However, only 20 days of
balloon advertising actually occurred because The Good Guys lost 10 days when
they were penalized for using the balloon five consecutive days longer than
the maximum seven consecutive days allowed by that approval.
The Applicant's request is consistent with provisions of the Downtown
Dublin Specific Plan, the Zoning Ordinance, and General Plan. The request has
been reviewed by the Police, Building and Public Works Departments. No issues
of concern were noted. Staff recommends that the request be conditionally
approved subject to the conditions of approval shown in Exhibit A, the draft
resolution of approval. Staff emphasizes that The Good Guys utilize the
balloon in total compliance with the conditions of approval.
RECOMMENDATION:
FORMAT: 1) Open public hearing and hear Staff presentation.
2) Take testimony from Applicant and the public.
3) Question Staff, Applicant and the public.
4) Close public hearing and deliberate.
5) Adopt draft resolution regarding PA 89-015, or give Staff
and Applicant direction and continue the matter.
ACTION: Staff recommends the Planning Commission adopt the Resolution
approving the Conditional Use Permit for The Good Guys PA 89-015.
ATTACHMENTS:
Exhibit A: Draft Resolution approving Conditional Use Permit for PA 89-015
Background Attachments:
Attachment 1: Site Plan
Attachment 2: Elevation
Attachment 3: Photograph
Attachment 4: Zoning/Location Map
-4-
RESOLUTION NO. 89 -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 89-015 THE GOOD GUYS CONDITIONAL USE PERMIT TEMPORARY
PROMOTIONAL DISPLAY FOR A ROOF-MOUNTED COLD-AIR BALLOON - 60-DAY TIME FRAME,
6700 AMADOR PLAZA ROAD
WHEREAS, The Good Guys requested approval of a Conditional Use Permit
application to allow use of a temporary promotional display (a 35' tall, roof-
mounted cold-air balloon) for a cumulative period of up to 60 days within a
12-month period at 6700 Amador Plaza Road; and
WHEREAS, the Planning Commission did hold a public hearing on said
application on April 3, 1989; 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 has been
found to be categorically exempt; and
WHEREAS, the Staff Report was submitted recommending that the application
be conditionally approved; and
WHEREAS, the Planning Commission did hear and consider all said reports,
recommendations and testimony hereinabove set forth; and
WHEREAS, the proposed land use, if conditionally approved, will be
appropriate for the subject property in terms of being compatible to existing
land uses in the area and will not overburden public services.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does
hereby find:
A. The use serves the public need by providing use of temporary promotional
advertising display in conjunction with special promotional events at an
existing commercial facility (The Good Guys).
B. The use will be properly related to other land uses, transportation and
service facilities in the vicinity.
C. The use will not adversely affect the health or safety of persons
residing or working in the vicinity, or be materially detrimental to the
public welfare, or injurious to property or improvements in the area.
D. The use will not be contrary to the specific intent clause or performance
standards established for the district in which it is to be located.
E. The approval of the Conditional Use Permit will be consistent with the
policies set forth within the Dublin General Plan and Downtown Dublin
Specific Plan.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby
conditionally approve PA 89-015 as generally depicted by the materials from
April 3, 1989, Planning Commission Staff Report labeled Exhibit A and
Attachments 1, 2 and 3, on file with the Dublin Planning Department, subject to
compliance with the following conditions:
1. This approval is for the erection and use of a 35' tall roof-mounted
cold-air balloon with The Good Guys banner affixed to the balloon, to be
used by The Good Guys' retail facility located at 6700 Amador Plaza Road.
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2. The roof-mounted cold-air balloon can be used for special promotional
events for periods that cumulatively do not exceed a maximum of sixty
(60) days during the one-year period of April 14, 1989 to April 13, 1990.
The use of the roof-mounted cold-air balloon shall not exceed three (3)
consecutive days of display at any time during the one (1) year approval
period. When displayed during weekend periods (i.e., use on a Friday,
Saturday, or Sunday), the roof mounted cold-air balloon may be used no
more frequently than two (2) consecutive weekends.
3. The location of the cold-air balloon on the roof of the building shall be
consistent with the location shown on the site plan submitted to and
dated received by the Planning Department on March 14, 1989. This plan,
if desired, may be modified or supplemented by submitting a revised plan
to the Planning Director for review and approval.
4. All temporary advertising displays established in accordance with this
permit shall be located, erected, and maintained in a manner that does
not create a physical hazard for either pedestrians or vehicles.
5. The Applicant shall provide written notice to the City of Dublin Planning
Department a minimum of four (4) calendar days prior to each promotional
event where the roof-mounted cold-air balloon is used. Said written
notice shall indicate the dates of use of the cold-air balloon. Written
notice shall be in the form supplied by the City (attached). A master
summary of the dates of use of each respective type of temporary
promotional advertising display shall be maintained at all times on the
premises and shall be available at all times during business hours for
review by City of Dublin Staff. Any displays utilized on non-pre-
authorized days shall be counted against the length of this permit on a
two-day assessment for each one day of non-pre-authorized display and may
result in revocation of the permit.
6. The balloon must be located on-site at the place where the business is
located.
7. At any time during the effectiveness of this approval, the approval shall
be revocable for cause in accordance with Section 8-90.3 of the Dublin
Zoning Ordinance.
PASSED, APPROVED AND ADOPTED this 3rd day of April, 1989.
AYES:
NOES:
ABSENT:
Planning Commission Chairperson
ATTEST:
Planning Director
-2-
I,IS'I' OIL DATES FOR TEMPORARY I'ItOMO'I'1ONAI. ADVERTISING I)I:;I'I.AY`;
CONDITIONAL USE PERMIT - 60-DAY TIME FRAME
PA 89-015 THE GOOD GUYS
APPROVED: APRIL 3, 1989
1) For each 'date that temporary advertising displays are utilized, till in the uace or use ror each type oc uispiay proposed for use,
print your name, and sign the list.
2) Submit a copy of the up-to-date list to the City of Dublin Planning Department a minimum of four calendar days prior to the event.
• 3) Maintain a copy of the up-to-date list on site and available for review by City of Dublin Staff.
Dates The Other
•
Dates That Cold-Air Dates That Promotional Advertising Applicant's Signature
Day Date of Or Helium Balloons Searchlights Displays Are Utilized Of Event
l ' S Event Are Used Are Utilized (Banners, Pennants, Etc. ) (Printed Name/Signature)
. 1 /
2 /
3 /
4 /
5 /
1 6 /
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a 8 /
9 /
10 /
11 /
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7
. LIST OF DATES FOR TEMPORARY PROMOTIONAL ADVERTISING DJ SPLAYS
- CONDITIONAL USE PERMIT - 60-DAY TIME FRAME
PA 89-015 THE GOOD GUYS
APPROVED: APRIL 3, 1989
1) For each date that temporary advertising displays are utilized, fill in the date of use for each type of display proposed for use,
print your name, and sign the list.
2) Submit a copy of the up-to-date list to the City of Dublin Planning Department a minimum of four calendar days prior to the event.
3) Maintain a copy of the .up-to-date list on site and available for review by City of Dublin Staff.
•
1 _ Dates The Other
1 , Dates That Cold-Air• Dates That Promotional Advertising Applicant's Signature
Day Date of Or Helium Balloons, Searchlights Displays Are Utilized Of Event
CEvent Are Used Are Utilized (Banners, Pennants, Etc. ) (Printed Name/Signature)
4 ' 16
/
17 /
t 18 ' ' / .
19 /
20 /
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21 /
4 22 /
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LIST OP DATES FOR TEMPORARY PROMOTIONAL ADVERT MIN(; DISPLAYS
CONDITIONAL USE PERMIT - 60-DAY TIME FRAME
PA 89-015 THE GOOD GUYS
ii APPROVED: APRIL 3, 1989
1) For each date that temporary advertising displays are utilized, till in the date oL use Lor eacn type oc ui.splay proposed for use,
print your name, and sign the list.
2) Submit a copy of the up-to-date list to the City of Dublin Planning Department a minimum of four calendar days prior to the event.
3) Maintain a copy of the up-to-date list on site and available for review by City of Dublin Staff.
•
. . Dates The Other
Dates That Cold-Air Dates That Promotional Advertising Applicant's Signature
Day Date of Or Helium Balloons Searchlights Displays Arc Utilized Of Event
# Event Are Used Are Utilized (Banners, Pennants, Etc.) (Printed Name/Signature)
c 31 /
32 • /
33 ' . . /
34 /
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36 /
1 .
37 /
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t 39 • /
40 /
41 /
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43
/
44 /
45 /
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____4
LIST OF 1)A'1'ES FOR TEMPORARY PROMOTIONAL ADVERTISING DISPLAYS
r.
CONDITIONAL USE PERMIT - 60-DAY TIME FRAME
PA 89-015 THE GOOD GUYS
APPROVED: APRIL 3, 1989
1) For each date that temporary advertising displays are utilized, fill in the elate of use for each type of display proposed for use,
I
print your name, and sign the list.
~' 2) Submit a copy of the up-to-date list to the City of Dublin Planning Departmenta minimum of four calendar days prior to the event.
k 3) Maintain a copy of the .up-to-date list on site and available for review by City of Dublin Staff.
7
Dates The Other
Dates That Cold-Air Dates That Promotional Advertising Applicant's Signature
Day Date of Or Helium Balloons, Searchlights Displays Are Utilized Of Event
- ( 1 Event -- Are Used Are Utilized (Banners, Pennants, Etc.) (Printed Name/Signature)
•
46 /
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49 /
50 /
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52 /
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56 /
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