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HomeMy WebLinkAbout9/4/1990 PC Agenda AGENDA CITY OF DUBLIN PLANNING COMMISSION Regular Meeting - Dublin Civic Center Tuesday-7:30 p.m. 100 Civic Plaza, Council Chambers September 4, 1990 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 - August 20, 1990 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 90-021 McDonald's Conditional Use Permit and Site Development Review request to construct an approximate 900 square foot addition to the existing McDonald's restaurant, a new playground facility and new interior improvements such as handicapped accessible restrooms and kitchen equipment upgrades located at 7145 Dublin Boulevard. Imposition of traffic impact fees as a condition of approval will be considered (continued from August 6, 1990 Planning Commission meeting). 8.2 PA 90-045.2 Strouds Plaza (formerly Dublin Town & Country Shopping Center) Site Development Review for a new 2,100 square foot building located at the northeast corner of the site and a Conditional Use Permit to allow minor modification to the PD provisions at 7214- 7308 San Ramon Road. Imposition of traffic impact fees as a condition of approval will be considered. 9. NEW OR UNFINISHED BUSINESS 10. OTHER BUSINESS 11. PLANNING COMMISSIONERS' CONCERNS 12. ADJOURNMENT (Over for Procedures Summary) agen9-4 CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: September 4, 1990 TO: Planning Commission FROM: Planning Staff(i/` PREPARED BY: Carol R. Cirelli, Associate Planner SUBJECT: PA 90-021 McDonald's CUP/SDR GENERAL INFORMATION: PROJECT: The Applicant is requesting a Conditional Use Permit and Site Development Review to allow the drive through and outdoor seating area and to construct: an approximate 900 square foot addition to the existing McDonald's restaurant; a new playland facility; and new interior improvements such as handicapped accessible restrooms and kitchen equipment upgrades. The Applicant is also requesting Site Development Review approval for signage. The imposition of traffic impact fees as a condition of approval will also be considered as part of the project. APPLICANT: Howard Goldblatt 1320 Arnold Drive #241 Martinez, CA 94553 PROPERTY OWNER: McDonald's Corporation 2480 North First Street, Suite 220 San Jose, CA 95131-1002 LOCATION: 7145 Dublin Boulevard ASSESSOR PARCEL NUMBER: 941-210-11 PARCEL SIZE: 38,188+ square feet GENERAL PLAN DESIGNATION: Retail/Office and Automotive COPIES TO: PA 90-021 ITEM NO. Q t Applicant Owner 001 t. DOWNTOWN SPECIFIC PLAN DESIGNATION: Development Zone 10: Village Parkway Mixed Use EXISTING ZONING AND LAND USE: C-2-B-40, General Commercial District/Combining District 1,935+ Square Foot Drive Through/Fast Food Restaurant Facility, McDonald's SURROUNDING LAND USE AND ZONING: North: C-2-B-40, General Commercial District/Combining District, Restaurant .35+ acres South: M-1, Light Industrial District, Service Station, .38+ acres East: C-2-B-40, General Commercial District/Combining District, Restaurant, .78+ acres West: Flood channel (under private ownership), Interstate 680 Freeway Right-of-Way ZONING HISTORY: April 15, 1970 - The Alameda County Planning Commission approved a Conditional Use Permit for a drive through restaurant in a C-2-B-40 General Commercial District/Combining District zone. December 15, 1971 - The Alameda County Zoning Administrator approved a Conditional Use Permit request for the expansion of the existing drive through restaurant. APPLICABLE REGULATIONS: McDonald's is located within the C-2-B-40, General Commercial Zoning District. According to Section 8-49.2 Conditional Uses: C-2 Districts of the Zoning Ordinance, a drive-in business and recreation facility are conditional uses within the C-2 District. Section 8-95.0 Site Development Review of the Zoning Ordinance establishes findings and procedures for Site Development Review. Section 8-94.0 Conditional Uses of the Zoning Ordinance 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 performance standards established for the district in which it is located. -2- 00 L 4 ENVIRONMENTAL REVIEW: The proposed project has been found to be categorically exempt pursuant to the California Environmental Quality Act (CEQA) under Section 15301, Class 1(a)(e) of the State CEQA Guidelines. The project will consist of minor interior alterations and a minor addition to an existing private structure involving negligible expansion of the existing use. NOTIFICATION: Public Notice of the August 6, 1990, hearing was published in the local newspaper, mailed to adjacent property owners, and posted in public buildings. ANALYSIS: This item was continued from the August 6, 1990 Planning Commission meeting. At that public hearing, the Planning Commission received a Staff Report and presentation on the McDonald's Site Development Review request for the physical expansion of the existing building (i.e., indoor dining area addition and new playland facility), and other site modifications such as new landscaping and parking; and a Conditional Use Permit request to allow outdoor related uses such as the drive through, playland facility and outdoor seating area. For a complete and detailed description of the application and project analysis, refer to the August 6th Planning Commission staff report (Attachment 1). The Planning Commission also received a copy of the Traffic Impact Fee Study prepared by TJKM Transportation Consultants dated August 3, 1990. This study included a recommendation that a traffic impact fee of $18,210.00 be imposed on the McDonald's project because the building addition would result in an increase in daily traffic volumes on Dublin Boulevard. Because this traffic impact fee was higher than previous fees imposed on similar type projects, the Planning Commission requested that TJKM clarify the type of methodology used to calculate this fee. The public hearing for McDonald's (PA 90-021) was left open and the item continued to the September 4, 1990 meeting in order for Staff to review a revised traffic impact study. The proposed McDonald's project is in compliance with the City's Zoning Ordinance relative to site development standards, and is also consistent with the Downtown Specific Plan. Some issues associated with the project relate to on-site, as well as off-site vehicular circulation, and on-site parking. Circulation problems occasionally occur during peak lunch hours where vehicles stack up in the drive through and then overflow onto Dublin Boulevard. TJKM recommended that no changes be made to the existing drive through and on-site circulation patterns because no other on-site circulation alternative would result in the safer movement of vehicles and pedestrians. In addition, the parking lot often becomes fully occupied during peak lunch hours. However, the proposed number of parking spaces (50) exceed the amount required under the City's Downtown Specific Plan. TJKM Traffic Consultants completed a new traffic impact fee study dated August 28, 1990, which incorporates updated traffic information and calculations as obtained from the McDonald's Corporation, a recent traffic count study along Dublin Boulevard and an updated list of non-City source improvement funds. 3 003 4 McDonald's proposed 692 square foot addition, which excludes the proposed handicapped bathroom facility, is assumed to generate additional traffic on Dublin Boulevard. This addition, along with other future development traffic in the downtown will require the planned widening of Dublin Boulevard from four to six lanes between Village Parkway and Donlon Way. The study indicates that 1.64 percent of additional future traffic along this segment of Dublin Boulevard will be generated by the McDonald's addition. Therefore, the Applicant should be required to contribute an improvement cost or a traffic impact fee of $11,987.00. TJKM concluded that the trip generation data used in this study is generally applicable to the construction of a new McDonald's facility and that the actual daily vehicle generation of this expansion may be less than indicated, resulting in a lower mitigation fee. TJKM recommended that another traffic study be conducted to site specific counts to calculate daily traffic volumes before construction of the addition, and again three to six months after the addition is completed and occupied. The purpose of this study is to determine the actual amount of traffic which would be generated by this addition to the existing McDonald's. The Draft Planning Commission Resolution (Exhibit C) contains a Condition of Approval which requires that the Applicant deposit a fee of $11,987.00 in a form acceptable by both the City and Applicant. Another traffic impact fee would then be calculated based on the results of this future traffic study. If the new study indicates lower traffic volumes than what was previously estimated in the August 28, 1990 study, the traffic impact fee would be less and the Applicant would be reimbursed the remaining funds. However, if the study indicates higher traffic volumes, the project shall be subject to a traffic impact fee not to exceed $11,987.00. The Public Works Director concurs with the results of the August 28th traffic study and recommends the imposition of a traffic impact fee and conduction of additional traffic studies for the McDonald's project. According to the Downtown Specific Plan, the intersection of Village Parkway and Dublin Boulevard is designated for improvement as a downtown entry. The proposed playland facility, although well landscaped, will be visible at this entry into the downtown. A Condition of Approval has been included in Draft Planning Commission Resolution (Exhibit B) which specifies that the Applicant shall provide fencing around the playland facility subject to the Planning Director review and approval. Staff recommends approval of McDonald's Conditional Use Permit and Site Development Review requests for the building addition, drive through, outdoor seating area, new playland facility and signs, subject to the conditions specified in the Draft Planning Commission Resolutions (Exhibits B & C). Staff also recommends approval of the imposition of a traffic impact fee as a condition of approval specified in Draft Planning Commission Resolutions (Exhibits C & D). 4 004 RECOMMENDATION: FORMAT: 1) Continue 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 Resolutions relating to the Conditional Use Permit, Site Development Review and Imposition of Traffic Impact Fee, or give Staff and Applicant direction and continue the matter. ACTION: Staff recommends the Planning Commission adopt Exhibits B, C & D, Draft Resolutions approving the Conditional Use Permit, Site Development Review and Imposition of Traffic Impact Fee for PA 90-021, McDonald's. ATTACHMENTS: Exhibit A: Project Plans and Playland Facility Submittal (see August 6, 1990 Planning Commission Staff Report, Exhibit A, for full size plans) Exhibit B: Draft Planning Commission Resolution for Conditional Use Permit Exhibit C: Draft Planning Commission Resolution for Site Development Review Exhibit D: Draft Planning Commission Resolution for Imposition of Traffic Impact Fee Background Attachments: Attachment 1: August 6, 1990 Planning Commission Staff Report for PA 90-021 (without attachments) -5- 00J vc 0 --_ tJ j . 01xRx NDTES i 119 0) > _ W.I...�.r...a..aa..... ; li.! ..;i !�..O .......1........... ! 0 r , .NA ulna........ ..... all. ..wR. f 3fa b .«wn 11 • 1N. u ,....wNr Fs ma N.N..H.. man I EX!TI 'a I I . MM...Moloal 10.M.G.Mon.. ION T.ANa.. 1 laa.\ C SO WC.S•wl.Mal,.R.THTNas1 �� . NIPw y. / y ❑ b $ SE F I 114'Y - Q vv LOT LIGHTING RECO.ENOATION — G lg I E j rw.�sRnO1NO IMOb..T10H !- I u i� L •1 all .w.� [. 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T i��_ t ciIo ) aj ' �• y \ (r t "' : 4 i3 ii: sr i./ ` s 1 ` A 42rc1 _: / , -,, wa i . t .l r1P��• r• j! 4 •.fi - r �IAI • 1 i lI I , It rt. It °4 0 I it ifia:tii H I 1 ill a*. - i . I 1-. (7,, :„...,„j-7- • .±i EliJr. • NW v.. igioi Elements A Junction Box B Web Tube (trit :111:Illil MI dffi IN; mi . k t C Rigid Tube 1{ 41;) I D Slide ,,.� 'x"t E Ball Pit Zd a �' -. 1 1 °m E i. Features: • =-1 r-1 8'x 12'Ball Pit 8 e. ) 10'Enclosed Slide • - II I 8 Web Tube 2 Junction Boxes P 1l II It I[u l �� Tube Crawl Sneaker Keeper ( ) Signage Sun Cover K ) Height: 8'10" Capacity: 20-24 RECEIVED APR 2 4 1990 DUBLIN PLANNIi.G ©1989 Soft Play,Inc. P� qco-� i All rights reserved. • May not be copied - + in whole or in part. U l Printed in USA. Soft Play,Inc. 2525 North Tryon Street,Charlotte,NC 28206 704 332 8888 QQB880DDD7778222.PLAY l'IAAL:6 'IRIS Alonla, '1-44C:141.-6 4P'. & # ,• TM 4111 ol - -:-. '. 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'• .".-...,,,,:,....,.....,. .-F,_,-.. ...., .,. . s..,- -... .. .. . . -:-,. 8 x 12 Bail Pit ,:,.,-. -. _•••,,,Ii"4X,Z,V...,0r, .4, 0.• - .-406,tif4_ Curved Tube Crawl -: • 1; t '''. . -...z........ 1 . 2 Junction Boxes 7: - " .. .91. -...w 1 ..._' _,......i Iii I ...,..—.„.. ,.tr: 9 - I If• ' '11 4 • Enclosed Slide •• , .,., . Web Tube •"' V._ • 1 tr.Cr•....,1/4.^.4.;;; ..5:: • 1 1,t '•--.7.**-1:1 .. • , i: ' : -: ' Optional 4' x 8 Small Fries'" Ball Pit ----• . „ . •• il ••‘' / ` 1 • •:.7' - ,••••••••• 1 .-.. 1•2'••••'-' I . r, 1 ;,11:-• MI 'Illa i,.4,1.-,.--_,; • er:14. • ' • -.--% •.:-- 11•,•,"-• - i 0 1 1 ‘-.i• /\ . 5611 North Peck Rd.,Arcadia California 91006.Telephone: 1.818/443-1877 1.800/624-471 6 Onlill \./ RONALD'S PLAYPLACE BY LEGEND • it L:J A 4' X 4' Rigid Step Entry Junction Box Frame Structure p o ■■■■■■s::- O o O ■■■■■■■k ■i■■■■■■ 490 0 i�■�■�; ommi o' • Ball Pit Access Ball Pit Cargo Net Climb U I I Curved Tube Crawl Tube Crawl Web Tube r 1 I Enclosed Slide Slide Run—Out Sneaker Keeper Gig RESOLUTION NO. 90 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 90-021 MCDONALD'S CONDITIONAL USE PERMIT APPLICATION TO EXPAND THE EXISTING MCDONALD'S DRIVE THROUGH RESTAURANT FACILITY AT 7145 DUBLIN BOULEVARD WHEREAS, Howard Goldblatt, on behalf of McDonald's Corporation, filed a Conditional Use Permit and Site Development Review application requesting approval to expand the existing McDonald's building by approximately 900 square feet to provide outdoor seating area; to construct a new outdoor playland facility, and new interior improvements; to permit two wall signs and one logo sign; and to permit a drive through at 7145 Dublin Boulevard; and WHEREAS, the Planning Commission did hold two public hearings on said application on August 6, and September 4, 1990; 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 was found to be categorically exempt under Section 15301, Class 1(a)(e) of the State CEQA Guidelines in that the project will consist of a minor addition to an existing private structure and minor interior alterations involving negligible expansion of the existing use; 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, is appropriate for the subject property in terms of being compatible with 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 McDonald's drive through restaurant facility will serve the public need by providing a larger and upgraded fast food restaurant facility in the downtown area. B. The use will be properly related to other land uses, transportation and service facilities in the immediate vicinity, as the proposed use will be compatible to said land uses, transportation and service facilities in the immediate vicinity. - 016 1 EXHIBIT 13 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 neighborhood, as all applicable regulations will be met. D. The use will not be contrary to the specific intent clauses or performance standards established for the district in which it is to be located, as the proposed use is compatible with the adjacent general commercial and retail business district uses. E. The project is consistent with the policies contained in the City's General Plan and Downtown Specific Plan. SE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby conditionally approve Conditional Use Permit application PA 90-021 as shown in Exhibit A, and subject to the approval of the related Site Development Review and to the following conditions: CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use, and shall be sublect to Planning Department review and approval. 1. PA 90-021 Conditional Use Permit approval is for the approximate 900 square foot addition to the existing McDonald's building; the construction of an approximate 440 square foot outdoor recreation facility; the relocation of five outdoor seating tables comprising 20 outdoor seats; and the drive through as shown on the site plan, floor plan and elevations as prepared by Cabak Randall Jasper Griffiths Associates, and landscape plans as prepared by McDonald's Corporation, dated received by the Dublin Planning Department July 3, 1990 (Exhibit A). 2. This Conditional Use Permit approval PA 90-021 shall supersede all previous Conditional Use Permit approvals for the site. 3. Prior to the issuance of building permits and the construction of the recreation facility, final design drawings of the facility shall be submitted to the Planning Director for final review and approval. 4. Outdoor storage or displays are expressly prohibited unless authorized by subsequent Conditional Use Permit or Administrative Conditional Use Permit approvals for special promotional events. With the exception of the drive through service, outdoor seating facility and outdoor recreation facility, all demonstrations, displays, services, and other activities shall be conducted entirely within the structures on site. No loudspeakers or amplified music shall be permitted outside the enclosed structure. Loud speakers utilized for the drive through window service shall observe a noise level which reflects the minimum functional volume. 5. The McDonald's restaurant facility shall provide and maintain at all times the following type and number of on-site parking spaces: 2 ail 20 employee parking spaces 28 customer parking spaces 2 handicapped parking spaces 6. All existing striping and arrows for the drive through aisle shall be repainted to the satisfaction of the Planning Director. 7. The Applicant shall provide fencing around the playland facility subject to Planning Director review and approval. 8. The Applicant/Property Owner shall provide at least one trash receptacle within the outdoor patio dining area, and shall maintain the site in a litter free condition. The Applicant shall be responsible for cleaning up and disposing of the restaurant generated trash and litter on-site and off-site within the neighborhood. 9. All existing and new landscaped areas shall be properly maintained. 10. This approval shall become null and void, in the event the approved use ceases to operate for a continuous one year period. 11. This permit shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. Any violation of the terms of conditions of this permit shall be subject to citation. 12. On an annual basis, these uses shall be subject to Zoning Investigator review and determination as to compliance with the Conditions of Approval. 13. To apply for building permits, the Applicant shall submit six (6) sets of construction plans to the Building Department for plan check. Each set of plans shall have attached an annotated copy of this Resolution of Approval. The notations shall clearly indicate how all Conditions of Approval will be complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. The Applicant will be responsible for obtaining the approvals of all participating non-City agencies prior to the issuance of building permits. PASSED, APPROVED AND ADOPTED this 4th day of September, 1990. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director -3- 013 RESOLUTION NO. 90 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 90-021 MCDONALD'S SITE DEVELOPMENT REVIEW APPLICATION TO EXPAND THE EXISTING MCDONALDS RESTAURANT BY APPROXIMATELY 900 SQUARE FEET AND TO PERMIT TWO WALL SIGNS AND ONE LOGO SIGN AT 7145 DUBLIN BOULEVARD WHEREAS, Howard Goldblatt, on behalf of McDonald's Corporation, filed a Conditional Use Permit and Site Development Review application requesting approval to expand the existing McDonald's building by approximately 900 square feet to provide outdoor seating area; to construct a new outdoor playland facility and new interior improvements; to permit two wall signs and one logo sign; and to permit a drive through at 7145 Dublin Boulevard; and WHEREAS, the Planning Commission did hold two public hearings on said application on August 6, and September 4, 1990; 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 was found to be categorically exempt under Section 15301, Class 1 (a)(e) of the State CEQA Guidelines in that the project will consist of minor interior alterations and a minor addition to an existing private structure involving negligible expansion of the existing use; 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. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find: A. All provisions of Section 8-95.0 through 8-95.8, Site Development Review, of the Zoning Ordinance are complied with. B. Consistent with Section 8-95.0, this application, as modified by the Conditions of Approval, will promote orderly, attractive and harmonious development, recognize environmental limitations on development; stabilize land values and investments; and promote the general welfare by preventing establishment of uses or erection of structures having qualities which would not meet the specific intent clauses or performance standards set forth in the Zoning Ordinance and which are not consistent with their environmental setting. EXHIBIT C 019 • C. The approval of the application as conditioned is in the best interests of the public health, safety and general welfare. D. General site considerations, including site layout, vehicular access, circulation and parking, setbacks, height, walls, public safety and similar elements have been designed to provide a desirable environment for the development. E. General architectural considerations, including the character, scale and quality of the design, the architectural relationship with the site and other buildings, building materials and colors, screening of exterior appurtenances, exterior lighting, and similar elements have been incorporated into the project in order to insure compatibility of this development with its design concept and the character of adjacent buildings and uses. F. General landscape considerations, including the locations, type, size, color, texture and coverage of plant materials, provisions for irrigation, maintenance and protection of landscaped areas and similar elements have been considered to insure visual relief to complement buildings and structures and to provide an attractive environment for the public. G. The project is consistent with the policies of the General Plan and Downtown Specific Plan. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby conditionally approve PA 90-021 Site Development Review as shown on Exhibit A and subject to the approval of the related Conditional Use Permit and to the following conditions: CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building and grading permits and establishment of use, and shall be subject to Planning Department review and approval. 1. The 900+ square foot expansion of the McDonald's indoor seating area, signage and drive through, and the construction of interior, exterior and on- site improvements, and playland facility shall generally conform to the site plan, floor plan and elevations as prepared by Cabak Randall Jasper Griffiths Associates, and landscape plans as prepared by McDonald's Corporation, dated received by the Dublin Planning Department July 3, 1990 (Exhibit A), as modified by the following Conditions of Approval and those requirements of affected agencies, and associated Conditional Use Permit. Building permits for the proposed improvements shall be secured and construction commenced within six (6) months after approval of this application or said approval shall be void. 2. All existing signage at the McDonald's site shall be retained. Any signage that is affected by the construction of the addition shall be removed and replaced in the same location (see Exhibit A). The signs approved under this Site Development Review may be renovated without altering their -2- 020 dimensions. However, prior to their installation, the Applicant shall submit final sign plans to the Planning Director for final review and approval and obtain all necessary building permits. This Site Development Review approval is for the following signs: Location Type Dimensions A. East Elevation Wall Sign Height - 2 feet Individual Letters Length - 17 feet Illuminated B. East Elevation Logo Sign Height - 3 feet Length - 4 feet C. South Elevation Wall Sign Height - 2 feet Individual Letters Length - 17 feet Illuminated 3. Prior to the issuance of building permits and construction of the playland facility, final design drawings of the facility shall be submitted to the Planning Director for final review and approval. 4. The Applicant shall comply with all applicable Site Development Review Standard Conditions (attached). 5. As required by the Dublin Police Department, all security hardware for the existing building, as well as the building addition, must comply with the City of Dublin Non-Residential Security Requirements (City Ordinance No. 21-89; attached). Security hardware must be provided for doors, windows, roof vents, skylights and roof ladders. 6. The Applicant must submit construction plans to the Dublin San Ramon Services District for review of water and service facilities and related fees. 7. The Applicant shall complete and submit to the Dublin Planning Department the Standard Plant Material, Irrigation and Maintenance Agreement (attached). Architectural 8. Exterior colors and materials for the exterior building modifications shall be subject to final review and approval by the Planning Director, and shall be consistent with those of the existing structure. All ducts, meters, air conditioning equipment and other mechanical equipment on the structure shall be effectively screened from view with materials architecturally compatible with the materials of the existing structure. The proposed enclosures for trash containers shall be screened with materials architecturally compatible with the materials of the existing structure. A colors and materials sample board shall be submitted prior to issuance of building permits. -3- 021 Debris/Dust/Construction Activity 9. Measures shall be taken to contain all trash, construction debris, and materials on-site until disposal off-site can be arranged. The Developer shall keep adjoining public streets free and clean of project dirt, mud, and materials during the construction period. The Developer shall be responsible for corrective measures at no expense to the City of Dublin. Provision of temporary construction fencing shall be made subject to review and approval of the City Engineer and the Building Official. Fire Protection 10. All improvements, especially improvements to the existing kitchen facility, shall comply with the Dougherty Regional Fire Authority requirements. Any alterations to the existing automatic fire extinguishing system must be approved by the Dougherty Regional Fire Authority prior to issuance of building permits. 11. Fire impact fees, in the amount of $600.00, and plan review fees, in the amount of $30.00, must be paid to the Dougherty Regional Fire Authority prior to the issuance of building permits. Lighting 12. Exterior lighting shall be provided and shall be of a design and placement so as not to cause glare onto adjoining properties or onto Dublin Boulevard, Village Parkway or I-680. Lighting used after daylight hours shall be adequate to provide for security needs (1.5 foot candles). Wall lighting around the entire perimeter of the building shall be supplied to provide "wash" security lighting. The Applicant shall provide photometrics and cut sheets subject to the review and approval of the Planning Director. Landscaping and Irrigation Plans 13. A final detailed Landscape and Irrigation Plan (at 1 inch — 20 feet or larger), along with a cost estimate of the work and materials proposed, shall be submitted for review and approval by the Planning Director. Landscape and Irrigation Plans shall be signed by a licensed landscape architect. Final landscape plans shall indicate general plant pallet with common and botanical names and container size and growth rate. 14. The final landscape plan shall be generally consistent with preliminary landscape plans prepared by the Applicant dated received by the Planning Department, July 3, 1990. 15. Landscaping shall not obstruct the site distance of motorists, pedestrians or bicyclists. Except for trees, landscaping at drive aisle intersections shall not be higher than 30" above the curb. 16. The existing and proposed landscaping along the drive through aisle and window shall be maintained in a viable and well kept manner at all times. Any proposed changes in the landscape layout, design or plant type shall be subject to review and approval by the Planning Director. -4- 022 Parking 17. The Applicant shall submit a parking striping plan subject to review and approval by the Planning Director. All parking spaces shall be double- striped (four inch stripes set two feet apart). Handicapped, customer, employee and compact parking spaces shall be appropriately identified on the pavement and designated on the parking plan. The location of the handicapped parking spaces will be subject to review and approval by the Planning Director. Traffic Impact Fee 18. Prior to issuance of building permits, development of the proposed project addition at 7145 Dublin Boulevard shall be subject to a traffic impact fee not to exceed $11,987.00. The Applicant shall deposit a traffic impact fee of $11,987.00 in the form of a Certificate of Deposit made to the City of Dublin with interest accruing to the purchaser, which is acceptable to both the Applicant and the City. The ultimate traffic impact fee to be imposed on the project shall be determined once a new traffic study, which depicts daily traffic counts to be taken prior to construction of the addition and no sooner than three months after occupancy of the new addition, is complete. 19. The new traffic study, depicting daily traffic counts on Dublin Boulevard between Donlon Way and Village Parkway taken prior to construction of the addition, and at least three to six months after occupancy of the addition, shall be performed by TJKM. The percentage increase in traffic shall be deemed to be due to the addition and that percentage shall be used to calculate the final amount of the traffic impact fee, based on the formula for calculating the fee set forth in the memorandum from TJKM to the City of Dublin, dated August 28, 1990. If the final amount of the fee is less than the amount deposited, the difference shall be returned to the Developer. If the final amount of the fee is greater than the amount deposited, the City will retain the full amount deposited and the Applicant shall not be required to pay an additional fee amount. Grading and Drainage 20. A grading and drainage plan shall be submitted for review and approval by the City Engineer. 21. The area outside the building shall drain outward at a 2% minimum slope for unpaved areas and a 1% minimum in paved area (with a maximum gradient of 5%). 22. Roof drains shall empty into approved dissipating devices. Roof water, or other concentrated drainage, shall not be directed onto adjacent properties, sidewalks or driveways. No drainage shall flow across property lines. Downspouts shall drain through the curb of the concrete walks around the building. 23. Where storm water flows against a curb, a curb with gutter shall be used. The flow line of all asphalt paved areas carrying water shall be slurry sealed at least three feet on either side of the center of the swale. -5- 023 24. All catch basins within paved areas not against curb and gutter shall have a 3 foot concrete apron around all sides of the inlet per City of Dublin Standard Plans. Public Improvements 25. 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 and may be constructed only after an encroachment permit has been issued. 26. The Developer shall be responsible for correcting deficiencies in the existing frontage improvements to the satisfaction of the City Engineer. 27. Any relocation of improvements or public facilities shall be accomplished at no expense to the City. 28. An encroachment permit shall be secured from the City Engineer for any work done within the public right-of-way. 29. The Applicant shall record an approximate 5 foot wide bus stop easement along their Dublin Boulevard frontage from approximately their western property line to 20 feet to the east. The City shall construct a bus bench and cover within this easement area. The easement shall be granted to the Livermore/Amador Valley Transit Authority. 30. All driveways shall have 5 foot flat flares. Miscellaneous 31. The detailed design and location of the trash enclosure area shall be subject to review and approval by the City Engineer and Planning Director. The design of the trash enclosures shall reflect dimensional criteria deemed acceptable by the Livermore Dublin Disposal Service, and shall incorporate use of a 10 x 10 foot concrete apron in front of the enclosure to facilitate the Service's mechanical pick up service. If wooden doors are utilized, the doors shall be trimmed with a heavy metal lip. Raised concrete curbing shall be provided inside the trash enclosure area to serve as wheel stops for metal trash bins to protect the interior walls of the enclosures. 32. All damaged on-site existing pavement sections shall be repaired or replaced as directed by the City Engineer. 33. The Applicant shall conform to the "Typical Public Works Conditions of Approval for Commercial/Industrial Site Development Review," in particular, condition numbers 1, 6, 7, 24, 32, 34 and 39 (attached). 34. Prior to issuance of building permits, the Applicant shall submit for review and approval a final site plan (1" — 20') in conformance with the Conditions of Approval. Said plans shall be fully dimensioned, accurately drawn, and prepared and signed by a licensed civil engineer, architect or landscape architect. -6- 024 35. Prior to issuance of building permits, the Applicant shall provide written documentation that the requirements of the Dublin San Ramon Services District and Dougherty Regional Fire Authority have been met. 36. The permit shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. Any violation of the terms of conditions of this permit shall be subject to citation. 37. To apply for building permits, the Applicant shall submit six (6) sets of construction plans to the Building Department for plan check. Each set of plans shall have attached an annotated copy of this Resolution of Approval, as well as the applicable Conditional Use Permit resolution. The notations shall clearly indicate how all Conditions of Approval will be complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. The Applicant will be responsible for obtaining the approvals of all participating non-City agencies prior to the issuance of building permits. PASSED, APPROVED AND ADOPTED this 4th day of September, 1990. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director -7- 025 RESOLUTION NO. 90 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN A RESOLUTION IMPOSING A TRAFFIC IMPACT FEE ON PA 90-021, MCDONALD'S AT 7145 DUBLIN BOULEVARD WHEREAS, by Planning Commission Resolution No. the Planning Commission has approved the Conditional Use Permit for the expansion of the existing McDonald's use, the drive through, the outdoor seating area, and the construction of a new outdoor recreation facility, and by Planning Commission Resolution No. the Planning Commission has approved the Site Development Review for the addition to the McDonald's building, construction of interior, exterior and on-site improvements and signage (hereafter "the proposed project"); and WHEREAS, the Planning Commission did hold two public hearings on said application on August 6 and September 4, 1990; and WHEREAS, proper notice of said public hearing was given in all respects as required by law for purposes of considering adoption of this resolution; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and was found to be Categorically Exempt under Section 15301, Class 1 (a)(e) of the State CEQA Guidelines because the project will consist of minor interior alterations and a minor addition to an existing structure involving negligible expansion of the existing use; 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, Condition No. 18 of Planning Commission Resolution No. approving the Site Development Review requires the developer to pay a traffic impact or mitigation fee to be used for traffic facility improvements; and WHEREAS, a report setting forth the impacts of the proposed development on traffic through the year 2010, has been prepared by TJKM, along with an analysis of the need of the public facilities and improvements required by future development consisting of a memorandum dated August 28, 1990 to Lee Thompson, Public Works Director from David Othling of TJKM, which is attached hereto as Attachment D1 and incorporated herein (referred to herein as "the report"); and EXHIBIT b 026 WHEREAS, said report sets forth the relationship between the proposed development, the needed facilities and the estimated costs of the facilities. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find: A. The purpose of the said traffic impact fee is to mitigate the traffic impacts caused by the proposed development by construction of certain public facilities. B. The public facilities to be constructed with the traffic impact fee (referred to herein as "the public facilities") are identified in Attachment D1, attached hereto and incorporated herein by reference. C. The traffic impact fee is needed in order to finance the public facilities and to pay for the proposed development's fair share of the construction of the improvements and will be used for these purposes. D. The Commission finds the fee to be consistent with the General Plan and, pursuant to Government Code Section 65913.2, has considered the effects of the fee with respect to the City's downtown commercial needs as established in the Land Use Plan component of the Downtown Specific Plan. E. The fees collected pursuant to this resolution shall be used to finance the public facilities identified in Attachment Dl. F. After considering the report prepared by TJKN and the testimony received at this public hearing, the Commission approves and adopts said report, and incorporates such herein, and further finds that the proposed development will generate additional demands on municipal services. G. The report and the testimony establish: 1. That there is a reasonable relationship between the need for the public facilities designated in Attachment D1 and the impacts of the proposed development for which the corresponding fee is charged; 2. That there is a reasonable relationship between the fee's use and the proposed development for which the fee is charged; 3. That there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the proposed development on which the fee is imposed; and 4. That the cost estimates set forth in Attachment D1 are reasonable cost estimates for constructing these facilities, and the fees expected to be generated by future developments will not exceed the total costs of constructing the public facilities identified in Attachment Dl. -2- 02; r""s H. The TJKM report (Attachment D1) is a detailed analysis of how public services will be affected by the proposed development, and the public facilities required to accommodate that development and those deficiencies. The calculations and assumptions in the report can reasonably be applied to the proposed development. I. The method of allocation of the traffic impact fee to the proposed development bears a fair and reasonable relationship to the proposed development's burden on, and benefit from, the facilities to be funded by the fee. J. A traffic impact fee in the amount set forth in Attachment D1 and Condition No. 18 of Planning Commission Resolution No. is hereby imposed, to be paid prior to the issuance of building permits. The Commission finds that Attachment D1 is the "plan" required by Government Code Section 53077.5. K. The traffic impact fee shall be placed in the Capital Improvement Fund and shall be segregated in separate and special accounts as provided herein and such revenues, along with any interest earnings on each account, shall be used for the following purposes: 1. To pay for design and construction of the public facilities described in Attachment D1 and reasonable costs of outside consultant studies related thereto; 2. To reimburse the City for the public facilities described in Attachment D1, constructed by the City with funds from other sources, unless the City funds were expended to remedy existing deficiencies as identified in Attachment D1 or were obtained from grants or gifts; and 3. To pay for and/or reimburse costs of program development and ongoing administration of the traffic impact fee program. L. The fees collected pursuant to this resolution shall be deposited into deposit accounts for the improvement projects identified in Attachment D1 and identified by developer or development being charged. M. Fees in the Capital Improvement Fund, and interest thereon, shall be expended only for those facilities listed in Attachment D1 and only for the purpose for which the fee was collected; and 1. The standards upon which the needs for facilities are based are the standards of the City. The City has undertaken an extensive capital improvement program to implement these standards and the City will remedy existing deficiencies without using proceeds of the traffic impact fee. N. The City Manager may develop rules and regulations for the effective implementation and administration of the traffic impact fee. 0. No later than June 30, 1991 and June 30 of each year thereafter, the City Manager shall prepare a report for the City Council identifying the balance of fees in the improvement projects' deposit account, the facilities constructed and the capital facilities to be constructed. In preparing the report, the City Manager shall adjust the estimated cost of the public -3- 028 improvements in accordance with the Engineering Construction Cost Index as published by Engineering News Record for the elapsed time period from the previous July 1 or the date that the cost estimate was developed. The annual report shall also include a review of the administrative charge; and 1. The City Council shall review the report at a noticed public hearing and shall make findings identifying the purpose to which the existing fee balances are to be put and demonstrating a reasonable relationship between the fee and the purpose for which it is charged. P. The fees imposed herein shall be effective 60 days following adoption of this resolution. PASSED, APPROVED AND ADOPTED this 4th day of September, 1990. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director -4- 029 RECEIVED AUG 2 8 1990 MEMORANDUM DUBLIN PLANNING August 28,1990 TO: Lee Thompson City of Dublin FROM: David P.Othling SUBJECT: Traffic Impact Mitigation Fee for McDonald's This memo documents an analysis determining a traffic impact mitigation fee for the proposed 900 square foot expansion of the McDonald's fast food restaurant (PA 90-021). This fee reflects an update of the previous calculation based on trip generation data obtained from McDonald's, an updated daily traffic count along Dublin Boulevard and updated non-City source improvement funding. Approximately 208 square feet is to accommodate a bathroom and is not expected to increase traffic, so only the planned 692 square foot dining area expansion, including a total of 30 new seats, is assumed to generate additional traffic. The restaurant is located in the northwest quadrant of the intersection of Village Parkway and Dublin Boulevard at 7145 Dublin Boulevard in the City of Dublin. The project has a total of two existing right turn only access driveways,one each on Dublin Boulevard and Village Parkway. The addition of daily traffic due to the McDonald's expansion, plus other future development traffic, will require that the planned widening of Dublin Boulevard from four to six lanes between Donlon Way and Village Parkway be implemented at a total cost of$1,410,500,based on the current City of Dublin Capital Improvement Program. Approximately $679,593 will be funded by non-City sources so the difference of$730,907 is applicable to a traffic mitigation fee. Dublin Boulevard is projected to carry an average of 30,100 vehicles per day(vpd)in the year 2010. The existing(1990) average vpd on this road segment is 23,765. Thus,the increase is 6,335 vpd over existing volumes. Information provided by the McDonald's Corporation, based on a nationwide study of 25 McDonald's fast food restaurants being prepared by Barton-Aschman Associates, indicates that a McDonald's can be expected to generate 757 vehicle trip ends per 1,000 square feet on an average weekday. Therefore,the project expansion of 692 square feet can be expected to generate a maximum total of 524 vehicles. McDonald's also indicated that typically approximately 33 percent of the total vehicle generation are primary trips,directly to and from the project only. Based on this information,173 of the 524 total vehicles generated are primary trips with an assumed 60 percent of the 173 vehicles, or 104, traveling on Dublin Boulevard between Village Parkway and Donlon Way. The other 40 percent,or 69 vehicles,are oriented to Village Parkway and do not significantly impact other traffic improvement projects applicable to a mitigation fee. ATTACHMENT CO 4637 Chabot Drive,Suite 214,Pleasanton,California 94588•(415)463-0611 PLEASANTON•SACRAMENTO•FRESNO•CONCORD 030 Lee Thompson -2- August 28,1990 The 104 new project vehicles added to Dublin Boulevard equal 1.64 percent of the additional future traffic. Therefore, the project should be required to contribute 1.64 percent of the improvement costs applicable to the traffic mitigation fee or $11,987. Since the trip generation data used in this study is generally applicable to the construction of a new McDonald's, the actual daily vehicle generation of this expansion may be less than indicated,resulting in a lower mitigation fee. A vehicle count at the two McDonald's driveways during one average weekday of operation will be conducted prior to the expansion and not less that three months after completion to determine the actual additional vehicles generated due only to the expansion. cc: Ms.Carol Cirelli,City of Dublin ca 157-001 031 es n CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: August 6, 1990 TO: Planning Commission FROM: Planning Staff 1/ PREPARED BY: Carol R. Cirelli, Associate Planner in ,f NvOn SUBJECT: PA 90-021 McDonald's CUP/SDR GENERAL INFORMATION: PROJECT: The Applicant is requesting a Conditional Use Permit and Site Development Review to allow the drive through and outdoor seating area and to construct: an approximate 900 square foot addition to the existing McDonald's restaurant; a new playland facility; and new interior improvements such as handicapped accessible restrooms and kitchen equipment upgrades. The Applicant is also requesting Site Development Review approval for signage. The imposition of traffic impact fees as a condition of approval will also be considered as part of the project. APPLICANT: Howard Goldblatt 1320 Arnold Drive #241 Martinez, CA 94553 PROPERTY OWNER: McDonald's Corporation 2480 North First Street, Suite 220 San Jose, CA 95131-1002 LOCATION: 7145 Dublin Boulevard ASSESSOR PARCEL NUMBER: 941-210-11 PARCEL SIZE: 38,188+ square feet GENERAL PLAN DESIGNATION: Retail/Office and Automotive COPIES TO: PA 90-021 S Applicant ITEM NO. F. Owner ATTACHMENT 1 032 DOWNTOWN SPECIFIC PLAN DESIGNATION: Development Zone 10: Village Parkway Mixed Use EXISTING ZONING AND LAND USE: C-2-B-40, General Commercial District/Combining District 1,935+ Square Foot Drive Through/Fast Food Restaurant Facility, McDonald's SURROUNDING LAND USE AND ZONING: North: C-2-B-40, General Commercial District/Combining District, Restaurant .35+ acres South: M-1, Light Industrial District, Service Station, .38+ acres East: C-2-8-40, General Commercial District/Combining District, Restaurant, .78+ acres West: Flood channel (under private ownership), Interstate 680 Freeway Right-of-Way ZONING HISTORY: April 15, 1970 - The Alameda County Planning Commission approved a Conditional Use Permit for a drive through restaurant in a C-2-B-40 General Commercial District/Combining District zone. December 15, 1971 - The Alameda County Zoning Administrator approved a Conditional Use Permit request for the expansion of the existing drive through restaurant. APPLICABLE REGULATIONS: McDonald's is located within the C-2-B-40, General Commercial Zoning District. According to Section 8-49.2 Conditional Uses: C-2 Districts of the Zoning Ordinance, a drive-in business and recreation facility are conditional uses within the C-2 District. Section 8-95.0 Site Development Review of the Zoning Ordinance establishes findings and procedures for Site Development Review. Section 8-94.0 Conditional Uses of the Zoning Ordinance 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 performance standards established for the district in which it is located. ENVIRONMENTAL REVIEW: The proposed project has been found to be categorically exempt pursuant to the California Environmental Quality Act (CEQA) under Section -2- 0,30 153O1(a)(e) of the State CEQA Guidelines. The project will consist of minor interior alterations and a minor addition to an existing private structure involving negligible expansion of the existing use. NOTIFICATION: Public Notice of the August 6, 1990, hearing was published in the local newspaper, mailed to adjacent property owners, and posted in public buildings. ANALYSIS: The proposed project requires both Conditional Use Permit and Site Development Review approval. The Site Development Review approval is for the proposed physical expansion of the building (i.e., dining area addition and playland facility), and other site modifications such as new landscaping and parking. The Conditional Use Permit approval is primarily for outdoor related uses such as the drive through, playland facility and outdoor seating area. The existing McDonald's fast food/drive through restaurant is proposed to be expanded by approximately 900 square feet to include additional indoor seating area and new handicapped accessible restrooms. New interior improvements such as kitchen equipment upgrades are also proposed. Currently, the McDonald's indoor seating area can accommodate 48 persons. The proposed addition would increase the seating area by 54 seats and would accommodate approximately 102 persons. The Applicant is also proposing to construct a new playland facility along the south side of the building. The playland equipment, to be designed in the later stages of project development and prior to the issuance of building permits, will be composed of plastic tubes, slides, boxes, ball pits, and other items as shown in the playland facility submittal, "M-4, Ronald's Playplace" (Exhibit A). According to the Zoning Ordinance Section 8-49.2 Conditional Uses: C-2 District, the new playland or recreation facility requires a Conditional Use Permit. Based on a traffic impact fee study conducted by TJKM Transportation Consultants, it was determined that a traffic impact fee is necessary for the proposed McDonald's project because the expansion of the existing commercial use will result in the increase in daily traffic volumes on Dublin Boulevard. As a result, Staff is proposing the imposition of a traffic impact fee as a condition of approval for the McDonald's project. The City will allocate this fee to the capital improvement project to widen Dublin Boulevard to six lanes between Village Parkway and Donlan Way. According to State legislation, approval of such a condition requires that a public hearing be held prior to the adoption of a traffic impact fee for the project. Staff has prepared a Draft Planning Commission Resolution (Exhibit D) for the adoption of a traffic impact fee for McDonald's. -3- 034 Building Addition The existing McDonald's building will be expanded on the east side and will result in the removal of two parking spaces and eleven outdoor seating tables and benches. Approximately five of these tables will be relocated to the south side of the building adjacent to the playland area. The building materials, color scheme, and architectual elements (i.e., light beams on roof) of the proposed addition will be identical to those of the existing structure. The new location of the proposed outdoor seating area requires a Conditional Use Permit. The Applicant will be required as a condition of approval in the draft Planning Commission Resolution (Exhibit B) to locate at least one outdoor trash container in the vicinity of the seating area. In addition, allowing such an outdoor use requires that noise levels be kept at a minimum. A condition is included in draft Planning Commission Resolution (Exhibit B) which prohibits the use of any loud speakers or amplified music. The existing dining or seating area is approximately 525 square feet. With the new addition, the dining area will total approximately 1,425 square feet. The square footage of the customer service and serving counter area will remain the same. Since a new handicapped bathroom facility is proposed to be constructed within the new addition, the existing bathroom facility in the kitchen area will be removed. Therefore, the kitchen area will be increased by approximately 116 square feet to accomodate new kitchen facility upgrades. Landscaping The Applicant is proposing significant landscape improvements to the McDonald's site. The existing landscaped areas are currently well maintained. However, due to the changes in the building area proposed on the east side of the building and the Downtown Specific Plan special site development requirements, additional landscaping is proposed along the western property boundary and along the east side of the new addition. According to the Downtown Specific Plan requirements, McDonald's, which is located in Development Zone 10, is required to have a minimum of 20 percent of their parking lot landscaped. The parking lot must also be screened by low walls and/or landscaping from adjacent streets, in particular, Village Parkway. In addition, substantial landscaping is required along the west property line adjacent to the flood control channel and the Interstate 680 Freeway. The proposed landscape plan is in compliance with the requirements of the Downtown Specific Plan, to the extent that additional landscaping, comprised of medium sized trees, ground cover plantings, and medium sized plants and shrubs, are proposed along Village Parkway on the east side of the new addition. The proposed landscape plan also depicts increased landscaping along the rear, west property line. Four trees are proposed to be planted in this area and they are expected to grow approximately 40 to 60 feet tall with dense foliage. Additional landscaping is proposed along the drive through, as well as along Dublin Boulevard, and just south of the playland area. -4- 035 n � Consistent with the Downtown Specific Plan, the proposed landscape plan promotes adequate landscape improvements which compliment the City's public improvement efforts along Village Parkway and Dublin Boulevard. Circulation Existing pedestrian circulation patterns will remain the same. The existing pedestrian access into and out of the building occurs on the east side at the main restaurant entrance and the west side of the building towards the parking lot. Both locations demonstrate safe pedestrain access points. In addition, the playland facility will be enclosed with a fence and will only have access from the McDonald's building. Children will not be able to enter or exit the facility from Dublin Boulevard. A condition is included in the draft Planning Commission Resolution (Exhibit B) which requires the Applicant to construct a fence around the proposed playland facility. No changes are proposed to the existing drive through, the speaker and menu board location or on-site circulation patterns. Vehicular ingress and egress for the McDonald's site occurs both on Dublin Boulevard and Village Parkway. There are no one-way entrances or exits. However, circulation problems occasionally occur during peak lunch hours where vehicles stack up in the drive through and then overflow onto Dublin Boulevard. The drive through can accommodate approximately 8 vehicles at a given time. Staff discussed this concern with TJKM Transportation Consultants who recommended that no changes be made to the existing drive through and on-site circulation patterns because no other alternative would result in the safer movement of pedestrians and vehicles. However, a recommendation was made by the consultant to include a condition of approval requiring that the driveway be reconstructed with five foot flat flares. This requirement has been included as a condition of approval in the Draft Planning Commission Resolution for Site Development Review (Exhibit C). In addition, the proposed widening of Dublin Boulevard to six lanes will improve the accessibility of vehicles to and from the McDonald's site. The speaker box at the menu board location must be set at a noise level which reflects the minimal functional volume. This condition has been included in the draft Planning Commission Resolution (Exhibit B). Parking According to the City's Downtown Specific Plan, 30 parking spaces are required for the McDonald's site. The downtown parking requirement for a restaurant is one parking space per four seats. The proposed project will include 50 parking spaces, two of which will be designated as handicapped parking spaces. The proposed number of parking spaces exceed the required amount. Suns The Applicant proposes to retain the existing signage. There are two wall signs, one on the east elevation (facing Village Parkway) and one on the south elevation (facing Dublin Boulevard), each 2 feet by 17 feet with individual illuminated letters, and one logo sign on the east elevation (3 feet by 4 feet). No new signs will be added to the property or building. 5 0�G Any signage that is affected by the construction of the addition will be removed and replaced in the same location. The signs may be renovated but the dimension and color of the signs will remain the same. The wall sign and logo sign on the east elevation, or primary building frontage, exceeds the maximum permitted individual letter height. Both signs also exceed the maximum permitted sign area allowed on a primary building frontage. The maximum permitted sign height and area may be increased subject to Site Development Review. Staff recommends Site Development Review approval of the sign height and sign area. The sign area does not exceed the maximum of 10 percent of the primary building frontage available for signage. The wall sign on the south elevation, or secondary frontage, exceeds the maximum permitted sign height, length and area. Staff recommends Site Development Review approval of the sign height and length because it is in proportion with the secondary building frontage, as well as the entire building. Staff also recommends approval of the sign area because it does not exceed a maximum of 7.5% percent of the building frontage available for signage. All other signs located on the site, directional, speaker and menu board signs are in compliance with the City's Sign Ordinance. The proposed project is in compliance with the City's Zoning Ordinance, General Plan and Downtown Specific Plan. The project is compatible with the character of the adjacent buildings and surrounding land uses. According to the Downtown Specific Plan, the maximum permitted floor area ratio for Development Zone 10 (area in which the project is located) is 0.30. The proposed McDonald's project would result in a floor area ratio of 0.11. The maximum permitted building height for Development Zone 10 is 35 feet. The proposed building height for both the existing McDonald's building and the addition, 15 feet 10.5 inches, does not exceed this maximum height limit. The project also complies with the Urban Design Improvements Plan component of the Downtown Specific Plan to the extent that landscaping will be enhanced on the site. The Downtown Specific Plan development standard to screen all rooftop equipment from the freeways, ramps, overpasses and general downtown area applies to all areas of the downtown. The McDonald's project includes the screening of all rooftop equipment from public view. The proposed McDonald's project has been reviewed by the Public Works, Building, Recreation and Police Departments, as well as the Dublin San Ramon Services District, the Dougherty Regional Fire Authority, the Livermore Dublin Disposal Service and TJEM Traffic Consultants. Their comments have been incorporated into the Draft Conditions of Approval (Exhibits B, C & D). Staff recommends approval of McDonald's Conditional Use Permit and Site Development Review requests for the building addition, drive through, outdoor seating area, new playland facility and signs, subject to the conditions specified in the Draft Planning Commission Resolutions (Exhibits B & C). Staff also recommends approval of the imposition of a traffic impact fee as a condition of approval specified in Draft Planning Commission Resolutions (Exhibit C & D). 0,: 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 Resolutions relating to the Conditional Use Permit, Site Development Review and Imposition of Traffic Impact Fee, or give Staff and Applicant direction and continue the matter. ACTION: Staff recommends the Planning Commission adopt Exhibits B, C & D, Draft Resolutions approving the Conditional Use Permit, Site Development Review and Imposition of Traffic Impact Fee for PA 90-021, McDonald's. ATTACHMENTS: Exhibit A: Project Plans and Playland Facility Submittal Exhibit B: Draft Planning Commission Resolution for Conditional Use Permit Exhibit C: Draft Planning Commission Resolution for Site Development Review Exhibit D: Draft Planning Commission Resolution for Imposition of Traffic Impact Fee Background Attachments: Attachment 1: Zoning/Location Map 7 038 CITY OF DUBLIN PLANNING COMMISSION AGENCY STATEMENT/STAFF REPORT Meeting Date: September 4, 1990 TO: Planning Commission FROM: Planning Staff rye PREPARED BY: David K. Choy, Associate Planner !" SUBJECT: PA 90-045.2 Strouds Plaza Conditional Use Permit/Site Development Review at 7214-7308 San Ramon Road GENERAL INFORMATION: PROJECT: Application for Site Development Review for a new building approximately 2,100 square feet in size located at the northeast portion of the site and a Conditional Use Permit for the minor modifications to the existing Planned Development provisions. APPLICANT: The Phillip L. Smith Company, Ltd. Phil Smith 318 Diablo Road, Suite 260 Danville, CA 94526 PROPERTY OWNER: Richard Jeha 1460 Maria Lane, #420 Walnut Creek, CA 94596 LOCATION: 7214-7308 San Ramon Road ASSESSOR PARCEL NUMBER: 941-040-007 PARCEL SIZE: 4.8 acres GENERAL PLAN DESCRIPTION: Retail/Office San Ramon Road Specific Plan Land Use Plan Area 3, Retail Commercial Shopper Goods EXISTING ZONING AND LAND USE: PD - Planned Development Dublin Town & Country Shopping Center cc: Applicant ITEM NO. Z Owner File PA 90-045.2 001 SURROUNDING LAND USE AND ZONING: North: C-1, General Commercial, mixed commercial uses. South: C-1, General Commercial, Ice Skating Rink East: San Ramon Road, General Commercial uses east of road. West: Planned Development, 174 unit multi- family residential project. ZONING HISTORY: On March 1, 1980, a 56,704 square foot shopping center was approved by the Alameda County Planning Department. That approval expired two years later (Site Development Review S-746). In June, 1983, the City Council amended the San Ramon Road Specific Plan which designated the subject property for development of retail shopper stores. The Plan established design and land use limitations to direct the development of the various parcels within the Specific Plan. On November 28, 1983, the City Council amended the San Ramon Road Specific Plan allowing up to 25% of the total gross first floor area within the proposed development to be for personal service, financial institutions or office use. The remaining 75% of the total gross first floor area was slated to be for shopper oriented retail use. On June 11, 1984, the City Council approved the Planned Development (PD) District Rezoning and Site Development Review (PA 83-042) for the 52,100+ square foot Shopping Center. On June 23, 1986, the City Council amended the San Ramon Road Specific Plan to remove the restriction on the maximum percentage of total gross floor area that can be used for personal service, financial or office uses in the Town & Country Shopping Center. On July 14, 1986, the City Council approved the Planned Development (PD) District Rezoning of the Dublin Town & Country Shopping Center project site to allow uses within the referenced shopping center that are generally provided for by the C-1, Retail Business District. On December 18, 1989, the Planning Commission approved PA 89-121, Conditional Use Permit and Site Development Review request to modify the Conditions of Approval of PA 83-042 (Festival Enterprises) by an addition of 2,230+ square feet to an existing building of Town & Country Shopping Center. On July 16, 1990, the Planning Commission approved PA 90-045.1 Site Development Review request for exterior modifications to existing buildings, a new sign program including a new alternate freestanding shopping center master identification sign and minor site alterations within the Dublin Town and Country Shopping Center and approval of a Conditional Use Permit to allow modification to the approved Planned Development Rezoning. -2- 002 APPLICABLE REGULATION: The San Ramon Road Specific Plan establishes land use, building and site design, circulation and parking criteria which provide limitations that govern the use and physical development of the subject property. Section 8.95.0 Site Development Review. This review is intended to 1) provide orderly, attractive and harmonious development; 2) recognize environmental limitations on development; 3) stabilize land values and investments; and 4) promote the general welfare by preventing establishment of uses or erection of structures having qualities which would not meet the specific intent clauses or performance standards of the zoning regulations or which are not properly related to their sites, surroundings, traffic circulation, or their environmental setting. Procedures for Site Development Review indicate that the Planning Director shall decide applications for Site Development Review without a public hearing except in the case of a concurrent Variance or Conditional Use Permit. Section 8.31.18 states if a proposed structure, facility or land use not indicated on a Land Use and Development Plan approved by the City Council does not materially change the provisions of the approved Land Use and Development Plan, the structure, facility or land use may be permitted subject to securing a Conditional Use Permit. 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 performance standards established for the district in which it is located. ENVIRONMENTAL REVIEW: This project has been found to be Categorically Exempt from CEQA under Section 15301, Class 1(e), of the California Environmental Quality Act Guidelines. NOTIFICATION: Public Notice of the September 4, 1990, hearing was published in the local newspaper, mailed to adjacent property owners, and posted in public buildings. ANALYSIS: This is an application for Site Development Review to allow the addition of a new 2,100 square foot building (70 feet by 30 feet) at the northeast corner of the Stroud's Plaza, formerly Dublin Town and Country Shopping Center. A Conditional Use Permit is required to allow a modification to the Planned Development General Provisions, allowing additional square footage on this site, and to ensure consistency with the original project approvals as reflected in the zoning history. -3- 003 s , The new building is to be located at the northeast corner of the site, labeled "Building D" on Exhibit A, and is to be placed on the east property line, approximately 45 feet from the street line of San Ramon Road. A 20 foot portion of the existing right-of-way would need to be purchased by the Applicant in order to provide the required minimum front yard setback. An existing fault line runs parallel to San Ramon Road, which requires a fifty foot setback on either side. The location of Building D is outside of this fifty foot setback. The Public Works Director recommends approving the sale of this excess right-of-way, since San Ramon Road is at its ultimate width. Parking for the center will remain adequate, with 271 spaces required and 271 spaces provided. One permanently designated, centrally located, loading zone (10 feet x 38 feet) is to be provided on site. Large semi trailer trucks will deliver merchandise to Stroud's, at the southeastern corner of the building. Condition #4 of the draft resolution approving the Conditional Use Permit for this project will limit the hours of on-site deliveries for large semi-trailer trucks, or trucks with more than two axles to non-business/non-peak hours, to minimize conflicts with on-site vehicular traffic. A Traffic Impact Study completed by the City Traffic Consultant, TJKM, evaluated the impacts of the proposed new building on existing and future public facilities and improvements (Attachment D-1), namely Dublin Boulevard. The additional traffic generated by this project, plus traffic generated by other future uses, will require that Dublin Boulevard between Village Parkway and Donlon Way be widened from four to six lanes. Listed below are the traffic impact mitigation fees for three different types of uses located within the proposed building. The fees are based on each uses proportional share of the cumulative traffic impacts to that section of Dublin Boulevard. Specialty Retail $1,023.00 High Turnover Restaurant 6,578.00 Walk-in Savings & Loan 585.00 In order to collect the appropriate traffic impact mitigation fee, since the exact uses occupying Building D are not known at this time, Staff will restrict the General Provisions for this building, as agreed upon by the applicant, to allow only retail uses as defined under the heading of Shopper Goods for Land Use Plan Area 3 within the San Ramon Road Specific Plan (Attachment 2). Should the Applicant wish to propose uses other than those listed as Shopper Goods for Building D, a new Conditional Use Permit will be required to establish the appropriate traffic impact mitigation fee, as well as to evaluate the on-site parking requirements. Staff has two concerns regarding the construction of a building at this location. The first concern is whether this new building, and additional retail space, is needed within the shopping center. The Applicant has indicated that the additional leased space, located in such a highly visible spot, would not be difficult to fill. Two prospective tenants, a flower shop and a tuxedo store, are being sought to occupy the new building. -4- 004 The second concern involves the appropriateness of the proposed location of the new building. The new building, as proposed, would be a very prominent feature at this corner. Staff is concerned that a buiding at this location may intrude too much into the existing corner, dominating the streetscape. The applicants have provided two different elevations for Building D, one without a tower element, and one with a tower element at the northern end of the building. The building was proposed without the tower element to minimize the visual appearance of the structure as perceived from the street level. The proposed building height is 16 feet. The tower element was then added, in response to Staff's concern regarding the relationship of this building to the rest of the center. The tower increases the overall height of Building D to approximately 24.5 feet. Staff recommends approving Building D with the tower element. The tower provides continuity between this new building and the towers added to the existing buildings as part of phase two. The proposed tower will also offer greater visibility for the center. Building D will utilize the color scheme previously approved for this center. Four wall signs are also proposed for the building to provide tenant identification. The proposed wall signs are consistent with the sign program previously approved for this site. The type of use occupying Building D, such as a flower shop with bright colorful displays, could enhance this corner. A building proposed at this corner location must be designed to compliment the streetscape, as well as provide a visual entrance for the center. The proposed building must be oriented toward the existing buildings on site if it is to become an integral part of the center, yet, at the same time, it cannot appear as though it backs onto the street level. The applicant's proposal has addressed these concerns. The proposed building is in compliance with all applicable regulations of the Zoning Ordinance, the General Plan and the San Ramon Road Specific Plan. Staff recommends approval of the Applicant's request for Conditional Use Permit and for Site Development Review, subject to the conditions listed in the draft resolutions, Exhibits B and C, respectively. RECOMMENDATION: FORMAT: 1) Open public hearing and hear Staff presentation. 2) Take testimony from Applicant and the public. 3) Questions Staff, Applicant and the public. 4) Close public hearing and deliberate. 5) Adopt Resolutions relating to PA 90-045.2 Stroud's Plaza Conditional Use Permit/Site Development Review, or give Staff and Applicant direction and continue the matter. ACTION: Staff recommends the Planning Commission adopt the draft Resolutions approving 1) Conditional Use Permit (Exhibit B); 2) Site Development Review (Exhibit C); and 3) Traffic Impact Fee (Exhibit D) relating to PA 90-045.2. -5- 005 ATTACHMENTS: Exhibit A: Plans submitted by Applicant Exhibit B: Draft Resolution approving Conditional Use Permit Exhibit C: Draft Resolution approving Site Development Review Exhibit D: Draft Resolution for imposition of Traffic Impact Fee Background attachments: Attachment 1: Location Map Attachment 2: Uses identified as "Shopper Goods" within the San Ramon Road Specific Plan Attachment 3: Views of Building D and site with tower element Attachment 4: Views of Building D and site without tower element -6- 006 RESOLUTION NO. 90 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING CONDITIONAL USE PERMIT REQUEST FOR PA 90-045.2 STROUD'S PLAZA (FORMERLY DUBLIN TOWN & COUNTRY) ALLOWING MINOR MODIFICATIONS TO THE APPROVED PLANNED DEVELOPMENT GENERAL PROVISIONS WHEREAS, Phillip L. Smith, on behalf of the Stroud's Plaza Associates, requests approval of a Conditional Use Permit to allow modification to the approved Planned Development General Provisions (PA 83-042) and is requesting Site Development Review approval for a new building approximately 2,100 sqare feet in size at the northeast portion of the site, and minor site alterations within the Stroud's Plaza; and WHEREAS, Section 8-31.18 of the Zoning Ordinance establishes the Conditional Use Permit process as the mechanism to allow consideration of minor modifications to approved Land Use and Development Plans for Planned Development Districts; and WHEREAS, the Planning Commission held a public hearing on said application on September 4, 1990; 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 was found to be Categorically exempt from environmental review as per Section 15301, Class 1(e); and WHEREAS, the Staff Report was submitted recommending that the application be conditionally approved; and WHEREAS, the proposed land use, if conditionally approved, is 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 that: A. Continued use of the existing shopping center with the proposed addition of a new building approximately 2,100 square feet in size at the northeast portion of the site provides for the public need by offering a range of services to the community. EXHIBJT_' OO7 B. The use will be properly related to other land uses, and transportation and service facilities in the vicinity, as the proposed use is compatible when compared to the type and nature of operations typically found in retail business district areas and the uses currently in operation in the immediate vicinity. 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 neighborhood, as all applicable regulations will be met. D. The uses will not be contrary to the specific intent clauses or performance standards established for the District in which it is to be located in that conditions have been applied to ensure conformance with the applicable zoning regulations, and the use is consistent with the character of the surrounding area as well as the retail business district. E. The approval of the Conditional Use Permit will be consistent with the Dublin General Plan and the San Ramon Road Specific Plan. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby conditionally approve PA 90-045 Conditional Use Permit application as shown by materials labeled Exhibit A (consisting of two sheets, Site Plan dated received August 29, 1990 and Elevations dated received August 15, 1990 prepared by Lee Gage and Associates) on file with the Dublin Planning Department subject to the approval of the related Site Development Review and to the following conditions. CONDITIONS OF APPROVAL: Unless otherwise specified, the following conditions shall be complied with prior to issuance of building or grading permits. Each item is subject to review and approval by the Planning Department unless otherwise specified. 1. This approval is for the minor modification to the approved Land Use and Development Plan (PA 83-042) for this site, consisting of a new structure approximately 2,100 square feet in size, Building D, at the northeast portion of the site. 2. Except as may be specifically modified or elaborated upon by the conditions listed below, the addition of a new structure, Building D, shall conform to the Conditions of Approval established by Resolution No. 51-84 of the Dublin City Council, approved May 29, 1984, for City file PA 83-042 (Attached). 3. This approval is to allow shopper goods, as defined by Land Use Plan Area 3 within the San Ramon Road Specific Plan. All other uses are prohibited unless approved by a separate Conditional Use Permit application to establish the appropriate traffic inpact mitigation fee, and to evaluate the on-site parking requirements. - 2 - 000 4. Trucks with more than two (2) axles shall be restricted to make deliveries during non-business/non-peak hours. 5. The color, number, material and size of flags mounted on top of the tower shall be subject to review and approval of the Planning Director. 6. All signs shall be subject to Site Development Review approval. 7. All construction shall be limited to take place between the hours of 7:30 a.m. and 5:30 p.m., Monday through Friday, except as may be approved in advance in writing by the City Engineer. 8. The Applicant shall be responsible for clean up and disposal of shopping center related trash to maintain a clean and litter free site. 9. No loudspeakers or outside amplification of music or sound shall be allowed. 10. Except as may be specifically provided for within these Conditions of Approval, the development shall comply with City of Dublin Site Development Review Standard Conditions and the City of Dublin Non- Residential Security Requirements (attached). 11. On an annual basis, this Conditional Use Permit approval shall be subject to Zoning Investigator review and determination as to the compliance with the Conditions of Approval. 12. This Conditional Use Permit shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. Any violation of the terms of conditions of this permit shall be subject to citation. 13. Building permits for Building D shall be secured within one year or approval becomes null and void. PASSED, APPROVED AND ADOPTED this 4th day of September, 1990. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director - 3 009 RESOLUTION NO 90 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING THE SITE DEVELOPMENT REVIEW CONDERNING PA 90-045.2 STROUD'S PLAZA (FORMERLY DUBLIN TOWN & COUNTRY) ADDITION WHEREAS, Phillip L. Smith, on behalf of Stroud's Plaza Associates, is requesting Site Development Review approval for a new building approximately 2,100 square feet in size at the northeast portion of the site, and minor site alterations within the Stroud's Plaza and approval of a Conditional Use Permit to allow modification to the approved Planned Development Rezoning General Provisions (PA 83-042); and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Planning Commission did hold a public hearing on said application on September 4, 1990; and WHEREAS, the application has been reviewed in accordance with the provision of the California Environmental Quality Act (CEQA) and was found to be categorically exempt as per Section 15301, Class 1(e); and WHEREAS, the Staff Report was submitted recommending that the Site Development Review and Conditional Use Permit be approved subject to conditions prepared by Staff; 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 that: A. All provisions of Section 8-95.0 through 8-95.8, Site Development Review of the Zoning Ordinance, are complied with. B. Consistent with Section 8-95.0, this project will promote orderly, attractive, and harmonious development; recognize environmental limitations on development; stabilize land values and investments; and promote the general welfare by preventing establishment of uses or erection of structures having qualities which would not meet the specific intent clauses or performance standards set forth in the Zoning Ordinance and which are not consistent with their environmental setting. C. The approval of the project, as conditioned, is in the best interest of the public health, safety and general welfare. FXHIBITLC • .. 010 s , D. General site considerations, including site layout, orientation, and the location of buildings, vehicular access, circulation and parking, setbacks, height, public safety and similar elements have been designed to provide a desirable environment for the development. E. General architectural considerations, as modified by the Conditions of Approval, including the character, scale and quality of the design, the architectural relationship with the site and other buildings, building materials and colors, screening of exterior appurtenances, exterior lighting, and similar elements have been incorporated into the project in order to insure compatibility of this development with its design concept and the character of adjacent buildings and uses. F. 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, and the site is in a good location regarding public services and facilities. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby conditionally approve PA 90-045.2 Site Development Review application as shown by materials labeled Exhibit A (consisting of two sheets, Site Plan dated received August 20, 1990 and Elevations dated received August 15, 1990 prepared by Lee Gage and Associates) on file with the Dublin Planning Department subject to the approval of the related Conditional Use Permit and to the following conditions: CONDITIONS OF APPROVAL: Unless otherwise specified, the following conditions shall be complied with prior to issuance of building or grading permits. Each item is subject to review and approval by the Planning Department unless otherwise specified. General Provision 1. Except as specifically modified elsewhere in these conditions, this approval for Site Development Review shall generally conform to the plans labeled Exhibit A, and shall include: 1) a new buiding approximately 2,100 square feet in size labeled "Building D" on Exhibit A, located at the northeast portion of the site; and 2) new signs utilizing 1 foot 8 inch x 11 feet 6 inch cabinet type wall signs for tenant identification. 2. The approval of Building D shall be contingent upon the Appliant acquiring sufficient right-of-way to meet the 20 foot front yard setback requirement, subject to review and approval of the City Engineer and the Planning Director. 3. Prior to issuance of a building permit, a traffic impact mitigation fee in the amount of $1,023.00 shall be paid in full to the City. 4. The wall signs proposed for Building D shall conform to the previously approved sign program for this center as established by Planning Commission Resolution No. 90-042, (PA 90-045.1). - 2 - 0I1 5. A minimum of one designated loading space (10 feet x 38 feet) shall be maintained at all times on-site. 6. The Applicant shall comply with the City of Dublin Site Development Review Standard Conditions and the City of Dublin Non-Residential Security Requirements (attached). 7. The Applicant shall comply with the City of Dublin Site Development Review Standard Conditions and the City of Dublin Non-Residential Security Requirements (attached). ARCHITECTURAL 8. Exterior colors and materials for the new structure shall be compatible with the existing buildings in the center, subject to final review and approval by the Planning Director. All ducts, meters, air conditioning equipment, trailer supports and other mechanical equipment on the structure shall be effectively screened from view with materials architecturally compatible with the main structure subject to review and approval of the Planning Director. DEBRIS/DUST 9. Measures shall be taken to contain all trash, construction debris, and materials on site until disposal off site can be arranged. The Applicant shall keep adjoining public street free and clean of project dirt, mud and materials during the construction period. The Applicant shall be responsible for corrective measures at no expense to the City of Dublin. DRAINAGE 10. The flow line of all asphalt paved areas carrying water shall be slurry sealed at least three (3) feet on either side of the center of the swale, subject to review and approval of the Public Works Director. 11. All new catch basins not against curb and gutter shall have a three (3) foot concrete apron installed around all sides of the inlet, subject to review and approval of the Public Works Director. Refer to City of Dublin Standard CD-306. 12. Roof drains shall empty onto paved areas, concrete swales, or other approved dissipating devices, subject to review and approval of the Public Works Director. Concentrated flows will not be allowed to flow over walkways. 13. Where storm water flows against a curb, a curb with gutter shall be used, subject to review and approval of the Public Works Director. Concentrated surface flow should flow over concrete. - 3 - - 012 LANDSCAPING AND IRRIGATION PLAN 14. A detailed landscape and irrigation plan (at 1 inch = 20 feet or larger), for the landscape island at the main entrance to the center off of San Ramon Road and for the disrupted area around Building D, along with a cost estimate of the work and materials proposed, shall be submitted for review and approval by the Planning Director. Landscape and irrigation plans shall be prepared and signed by a licensed landscape architect. 15. Landscape plans shall indicate the general plant pallette with description of plant type, growth rate, and container size at planting. 16. The Developer/Owner shall sign and submit a copy of the City of Dublin Landscape Maintenance Agreement (Attached). ON-SITE 17. The Applicant shall secure a grading permit from the City Engineer. 18. Areas undergoing grading, and all other construction activities, shall be watered, or other dirt palliative measures may be used, to prevent dust, as conditions warrant or as directed by Public Works Official. The Applicant shall repair damaged pavement areas as directed by the City Engineer. 19. The applicant shall be responsible for correcting deficiencies in the existing frontage improvements to the satisfaction of the City Engineer. Any relocation or improvements of public facilities shall be accomplished at no expense to the city. 20. Any damage or relocation of bike paths or landscaping shall be repaired or replaced at no expense to the City of Dublin. 21. An encroachment permit shall be secured from the City Engineer for any work done within the public right-of-way. PUBLIC WORKS 22. All construction activity shall be limited to take place between the hours of 7:30 a.m. and 5:30 p.m., Monday through Friday, except as may be approved in advance in writing by the City Engineer. POLICE 23. The Applicant shall comply with all applicable requirements of the Dublin Police Services Department. 24. Metal frame entry doors that meet the Uniform Building Code for brake resistance shall be used on the new building. - 4 - 013 25. Prior to issuance of building permits, the Applicant shall supply written confirmation that the requirements of the Police Services have been, or will be, met. FIRE PROTECTION 26. The Applicant shall comply with all applicable requirements of the Dougherty Regional Fire Authority (DRFA). 27. A Fire Impact Fee in the amount of $1,200.00 must be paid to the Dougherty Regional Fire Authority prior to issuing a building permit for Buiding "D". 28. Prior to isuance of building permits, the Applicant shall supply written confirmation that the requirements of the DRFA have been, or will be, met. DUBLIN SAN RAMON SERVICES DISTRICT (DSRSD) 29. Prior to issuance of building permits, the Applicant shall supply written confirmation that the requirements of the DSRSD have been, or will be, met. BUILDING 30. The Applicant shall comply with all applicable regulations of the Dublin Building Department. 31. Handicapped ramps and parking stalls shall be either maintained or provided as required by the State of California Title 24. LIGHTING 32. Exterior lighting shall be of a design and placement so as not to cause glare onto adjoining properties. Lighting used after daylight hours shall be adequate to provide for security needs. Photometrics and lighting plan for the site shall be submitted to the Planning Department and the Dublin Police Services for review and approval prior to the issuance of building permits. MISCELLANEOUS 33. This permit shall be revocable for cause in accordance with Section 8- 90.3 of the Dublin Zoning Ordinance. Any violation of the terms of conditions of this permit shall be subject to citation. 34. To apply for building permits, the Applicant shall submit six (6) sets of construction plans to the Building Department for plan check. Each set of plans shall have attached an annotated copy of the final Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will be complied with. Construction plans will not be accepted without the annotated Conditions of Approval attached to - 5 014 each set of plans. The Applicant will be responsible for obtaining the approvals of all participating non-city agencies prior to the issuance of building permits. PASSED, APPROVED AND ADOPTED this 4th day of September, 1990. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director 6 015 RESOLUTION NO. 90 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN A RESOLUTION IMPOSING A TRAFFIC IMPACT FEE ON PA 90-045.2 STROUD'S PLAZA (FORMERLY DUBLIN TOWN & COUNTRY) WHEREAS, by Planning Commission Resolution No. the Planning Commission has approved modifications to the approved Planned Development Rezoning General Provisions, and by Planning Commission Resolution No. the Planning Commission has approved a new building of approximately 2,100 square feet in size located at the northeast portion of the site (hereafter "the proposed project"): and WHEREAS, the Planning Commission did hold a public hearing on said application on September 4, 1990; and WHEREAS, proper notice of said public hearing was given in all respects as required by law for purposes of considering adoption of this resolution; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and was found to be Categorically Exempt under Section 15301, Class 1(e); 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, Condition No. 3 of Planning Commission Resolution No. approving Site Development Review, requires the developer to pay a traffic impact or mitigation fee to be used for traffic facility improvements; and WHEREAS, a report setting forth the impacts of the proposed development on traffic through the year 2010, has been prepared by TJKM, along with an analysis of the need of the public facilities and improvements required by future development, consisting of a memorandum dated August 16, 1990, to Lee Thompson, Public Works Director, from David Othling of TJKM, which is attached hereto as Attachment D1 and incorporated herein (referred to herein as "the report"); and WHEREAS, said report sets forth the relationship between the proposed development, the needed facilities and the estimated costs of the facilities; and NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find: - 1 - III8I '... P_018 A. The purpose of the said traffic impact fee is to mitigate the traffic impacts caused by the proposed development by construction of certain public facilities. B. The public facilities to be constructed with the traffic impact fee (referred to herein as "the public facilities") are identified in Attachment D1, attached hereto and incorporated herein by reference. C. The traffic impact fee is needed in order to finance the public facilities and to pay for the proposed development's fair share of the construction of the improvements and will be used for these purposes. D. The Commission finds the fee to be consistent with the General Plan and, pursuant to Government Code Section 65913.2, has considered the effects of the fee with respect to the City's downtown commercial needs as established in the Land Use Plan component of the Downtown Specific Plan. E. The fees collected pursuant to this resolution shall be used to finance the public facilities identified in Attachment Dl. F. After considering the report, and the testimony received at this public hearing, the Commission approves and adopts said report, and incorporates such herein, and further finds that the proposed development will generate additional demands on municipal services. G. The report and the testimony establish: 1. That there is a reasonable relationship between the need for the public facilities designated in Attachment D1 and the impacts of the proposed development for which the corresponding fee is charged; 2. That there is a reasonable relationship between the fee's use and the proposed development for which the fee is charged. 3. That there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the proposed development on which the fee is imposed; and 4. That the cost estimates set forth in Attachment D1 are reasonable cost estimates for constructing these facilities, and the fees expected to be generated by future developments will not exceed the total costs of constructing the public facilities identified in Attachment Dl. H. The TJKM report (Attachment D1) is a detailed analysis of how public services will be affected by the proposed development, and the public facilities required to accommodate that development. The calculations and assumptions in the report can reasonably be applied to the proposed development. I. The method of allocation of the traffic impact fee to the proposed development bears a fair and reasonable relationship to the proposed development's burden on, and benefit from, the facilities to be funded by the fee. 017 J. A traffic impact fee in the amount set forth in Attachment D-1 and Condition No. 3 of the Planning Commission Resolution No. , approving Site Development Review, is hereby imposed, to be paid prior to the issuance of building permits. The Commission finds that Attachment D1 is the "plan" required by Government Code Section 53077.5. K. The traffic impact fee shall be placed in the Capital Improvement Fund and shall be segregated in separate and special accounts as provided herein and such revenues, along with any interest earnings on each account, shall be used for the following purposes: 1. To pay for design and construction of the public facilities described in Attachment D1 and reasonable costs of outside consultant studies related therto; 2. To reimburse the City for the public facilities described in Attachment D1, constructed by the City with funds from other sources, unless the City funds were expended to remedy existing deficiencies as identified in Attachment D1 or were obtained from grants or gifts; and 3. To pay for and/or reimburse costs of program development and ongoing administration of the traffic impact fee program. L. The fees collected pursuant to this resolution shall be deposited into deposit accounts for the improvement projects identified in Attachment D1 and identified by developer or development being charged. M. Fees in the Capital Improvement Fund, and interest thereon, shall be expended only for those facilities listed in Attachment D1 and only for the purpose for which the fee was collected; and 1. The standards upon which the needs for facilities are based are the standards of the City. The City has undertaken an extensive capital improvement program to implement these standards and the City will remedy existing deficiencies without using proceeds of the traffic impact fee. N. The City Manager may develop rules and regulations for the effective implementation and administration of the traffic impact fee. 0. No later than June 30, 1991 and June 30 of each year thereafter, the City Manager shall prepare a report for the City Council identifying the balance of fees in the improvement projects' deposit account, the facilities constructed and the capital facilities to be constructed. In preparing the report, the City Manager shall adjust the estimated cost of the public improvements in accordance with the Engineering Construction Cost Index as published by Engineering News Record for the elapsed time period from the previous July 1 or the date that the cost estimate was developed. The annual report shall also include a review of the administrative charge; and 1. The City Council shall review the report at a noticed public hearing and shall make findings identifying the purpose to which the existing fee balances are to be put and demonstrating a reasonable relationship between the fee and the purpose for which it is charged. 3 01S3 P. The fees imposed herein shall be effective 60 days following adoption of this resolution. PASSED, APPROVED AND ADOPTED this 4th day of September, 1990. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director 4 _ 019 MEMORANDUM August16,1990 RECEIVED AUG 16 1990 TO: Lee Thompson City of Dublin DUBLIN PLANNING FROM: David P.Othling SUBJECT: Traffic Impact Mitigation Fee for Dublin Town&Country This memo documents an analysis determining a traffic impact mitigation fee for the proposed 2,100 square foot expansion of the Town & Country shopping center (PA 90-045). The project is located in the southwest quadrant of the intersection of San Ramon Road and Amador Valley Boulevard in the City of Dublin. The project will share two existing full access driveways on Amador Valley Boulevard and one right turn only access driveway on San Ramon Road. Fourteen percent of the project traffic is expected to use Dublin Boulevard to get to and from the site. This assumes that the project traffic follows the same circulation as existing Town&Country vehicles as documented by February 28,1990 p.m.peak hour traffic counts along San Ramon Road at the intersections of Amador Valley Boulevard and Dublin Boulevard. The addition of project traffic plus other future development traffic will require that the planned widening of Dublin Boulevard from four to six lanes between Donlon Way and Village Parkway be implemented at a total cost of$1,410,500,based on the current City of Dublin Capital Improvement Program. Approximately $679,593 will be funded by non-City sources so the difference of$730,907 is applicable to a traffic mitigation fee. Dublin Boulevard between Village Parkway and Donlon Way is projected to carry an average of 30,100 vehicles per day (vpd) in the year 2010. The existing (1990) average vpd on this road segment is 23,765. Thus the increase is 6,335 vpd over existing volumes. Based on an Institute of Transportation Engineers (I.T.E.) specialty retail center average daily trip generation rate of 40.675 trips per 1,000 square feet,the project is expected to generate a total of 86 vehicles. It is assumed that 75 percent,or 65,of these vehicles are primary trips,directly to and from the project only,and that 14 percent of the 65 vehicles,or 9,travel on Dublin Boulevard. The other 86 percent,or 56 vehicles,are oriented to Amador Valley Boulevard and San Ramon Road and do not significantly impact other traffic improvement projects applicable to a mitigation fee. The 9 new project vehicles added to Dublin Boulevard equal 0.14 percent of the additional future traffic. Therefore, the project should be required to contribute 0.14 percent of the improvement costs applicable to the traffic mitigation fee or$1,023. • 020 4637 Chabot Drive,Suite 214,Pleasanton,California AtHmENT D PLEASANTON.SACRAMENTO.FRESNO Lee Thompson -2- August 16,1990 Changing the anticipated land use to a high turnover restaurant or a walk-in savings & loan will increase the total project vehicle generation to 422 and 129, respectively. Using the same methodology and assuming that all of the restaurant and 25 percent of the savings&loan vehicles are primary project trips,the project if developed as a restaurant or savings&loan should be required to contribute$6,578 and$585. Ca cc: Mr.David Choy,City of Dublin 157-001 • 021 \_:_.. i > 7 . ; 1 7t.() ./.' ''71;-.1 ' i /..i'Ctj� I 4 c y Iii r Ate- — • _ _-�_••K.,,� �'/' .s..<`< 3 ...)::::\----://11..4 la I VP Z .. '.. .' • Vc-'X-"\ %MU illiVi .°/ -f- , =. ea , CCON.- , it IL R O, •yam, \•• i .�I�.••1. OW c la 1 WT.rn 0 .--..40 ' ,„- •►�t • f___ 1/ •,c \v �''� i�" V 10111000 -- c c^' .e m: I \ :P.'. .0' r, .-2. :5.....1 2 \_:7...3,... ,-.% -.; - ♦ t 4:1.11,\\ \\CI • • • . $0)arlad p ,p '_ . ' . „•, t 1 ` n O �„ z - - f "7. '7 7 r \lesc r!•a L-_,.,r-siZ- `c Sc..•e. o,sn-.-, , /fAi;i r O• \k 1.\`? A. 1.t p _ in _ So ,'„ 1 p cn M► Tec \yy 1 _ ''' k -.- \ 1 ��1 - \ cn "' \ `' \ 7 .�n ,\ _, , \ -\ \'''Cil N \ .,. •, (7 b1•- • t \ \ 1 \ ..1 \\ % ‘ \ c -- ,_, „ \ \ , c;I7 \-\''. A - ." - ' /''''3 ;.' -'(-7'' V: .- . n- - - \-- - < ` N )_ 1 _,, -,\_____, _ �1 - j- - - - f•' n,•.It•Uns fw ..K..wm I. A PART Of THE ., ��l�ir X. ti m 1-24 f,- — — i. c -- CITY OF SANTINA-•— ZONING MIAP-- '� — Y= " " 4ust[N — I—IHO.MPSON f 1. E c , ^ c ° W6LIv CwllfnFMlw .1 r.,4iii, . ; . 6 • - . A RAMON ROAD SPECIFIC PLAN LAND USE PLAN AREA 3 • 6. "Shopper Goods" includes but is not limited to the following: a. General Merchandise 1. Department store 2. Junior department store 3. Variety store 4. Discount department store 5. Showroom catalog store b. Clothing 1. Ladies specialty 2. Ladies ready-to-wear 3. Bridal shop 4. Maternity 5. Hosiery 6. Millinery 7. Children's wear 8. Men's wear 9. Family wear 10. Furs 11. Jeans shop 12. Leather shop c. Shoes 1. Family shoes 2. Ladies shoes 3. Men's and boys' shoes 4. Children's shoes d. Home Furnishings 1. 'Furniture 2. Lamps 3. Floor coverings 4. Curtains and drapes 5. Upholstering . - 6. China and glassware e. Home Appliances/Music 1. Appliances 2. Radio, TV, Hi-Fi 3. Sewing machines 4. Records and tapes - 5. Musical instruments f. Hobby/Special Interest 1. Sporting goods 2. Hobby 3. Art gallery 4. Cameras 5. Toys 6. Bike shop 7. Arts and crafts g. Gifts/Specialty 1. Imports 2. Luggage and leather 3. Cards and gifts 023 4. Candles 5. Books and stationery ATTACHMENT Z 18 . h. Jewelry and Cosmetics 1. Costume jewelry 2. Jewelry - 3.- Cosmetics _ _ i. Home Improvement Centers 1. Hardware 2. Paint 3. Wallpaper 4. Plant and flower shop • • • - 024 - 19 -