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HomeMy WebLinkAbout8/6/1990 PC Agenda AGENDA CITY OF DUBLIN PLANNING COMMISSION Regular Meeting - Dublin Civic Center Monday-7:30 p.m. 100 Civic Plaza, Council Chambers August 6, 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 - July 16, 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 90-057 Raether Second Dwelling Unit Conditional Use Permit request to construct a detached second unit (720 square feet) on a single family residential lot located at 7634 Turquoise Street 8.2 PA 90-048 Carl's Junior Restaurant Drive-Through Window Conditional Use Permit Renewal request for an existing drive-through window located at 7120 Dublin Boulevard 8.3a PA 90-053 Kildara Sign Conditional Use Permit Renewal request to allow one 4'x8' Directional Tract Sign on undeveloped property located on the east side of San Ramon Road, north of Dublin Boulevard and the Chevron Station. b PA 90-054 Kildara Sign Conditional Use Permit Renewal request to allow one 4'x8' Directional Tract Sign on undeveloped property located at 11920 Dublin Green Drive 8.4 PA 90-055 Dublin Meadows Tentative Tract Map 6335 request to replace the existing Tract 5883 Dublin Meadows. and divide the 16.41 acre site into three separate parcels located at 7149 Dublin Meadows Street 8.5 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. 9. NEW OR UNFINISHED BUSINESS 10. OTHER BUSINESS 11. PLANNING COMMISSIONERS' CONCERNS 12. ADJOURNMENT (Over for Procedures Summary) agen8-6 CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: August 6, 1990 TO: Planning Commission FROM: Planning Staff n^' REPORT PREPARED BY: Carol R. Cirelli, Associate Planner i1 SUBJECT: PA 90-057 Raether Second Dwelling Unit a19 Conditional Use Permit, located at 7634 Turquoise Street GENERAL INFORMATION: PROJECT: Conditional Use Permit request to construct a 720 square foot detached second dwelling unit APPLICANT/ PROPERTY OWNER: Cameron A. Raether 7634 Turquoise Street Dublin, CA 94568 LOCATION: 7634 Turquoise Street ASSESSOR PARCEL NUMBER: 941-2769-2 PARCEL SIZE: 10,856± square feet GENERAL PLAN DESIGNATION: Single Family Residential EXISTING ZONING AND LAND USE: Planned Development (PD) District 1486 Zoning Unit R-1, Single Family Residential SURROUNDING LAND USE AND ZONING: North: Planned Development (PD) District South: Planned Development (PD) District Stagecoach Park East: Planned Development (PD) District West: U District, Southern Pacific Railroad ITEM NO. ?. I COPIES TO: Applicant [df:90057SR] Owner PA 90-057 ZONING HISTORY: July 20, 1981 - Alameda County Planning Commission approval of Planned Development (PD) District Zoning (1486 Zoning Unit). July 6, 1987 - City of Dublin approval of Fence Height Variance, Planning Commission Resolution No. 87-051. • APPLICABLE REGULATIONS: Zoning Ordinance Section 8-20.15 Dwelling Unit establishes the definition of a dwelling unit. City Ordinance No. 5-84 establishes regulations relating to second units in an R-1 District. Section 8-26.3(f) Conditional Uses: R-1 Districts of the Zoning Ordinance establishes a second unit as a conditional use within an R-1 District. Section 8-60-58.1 Purpose of Second Units of the Zoning Ordinance establishes the purpose of allowing second units in R-1 Districts, as well as minimum development and occupancy criteria as specified in Attachment 1. 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: The project has been found to be categorically exempt from the California Environmental Quality Act (CEQA) under Section 15303, Class 3, of the State CEQA Guidelines. The proposed project will consist of constructing a small residential second unit structure. 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 Applicant is requesting approval of a Conditional Use Permit to construct a second dwelling unit on a single family residential lot. The proposed structure, 720 square feet in size, will be detached from the principal dwelling unit and will contain a full bathroom facility. According to Zoning Ordinance Section 8-20.15 Dwelling Unit, any detached structure which contains a full bathroom facility shall be considered a dwelling unit. Although the Applicant's initial proposal was for a hobby workshop, which included a bathroom facility, he is now requesting approval of a Conditional -2- Use Permit to allow the future conversion of the workshop into a second dwelling unit. The proposed structure will be the same height as the principal dwelling unit (15 feet high), with all exterior building materials and color schemes matching the existing principal unit. In compliance with the minimum development criteria specified in Zoning Ordinance Section 8-60.58.1(9) Purpose of Second Units, the Applicant will be required to construct the second unit a minimum of 10 feet from the principal dwelling unit. The Applicant has been informed of this requirement and has agreed to comply with it. Staff has incorporated this requirement as a condition in the Draft Planning Commission Resolution (Exhibit B). The Applicant is also required to provide three off-street parking spaces, two spaces for the principal dwelling unit and one space for the second dwelling unit. The Applicant proposes to locate the required second unit parking space in tandem with the two spaces provided for the principal dwelling unit. This is in compliance with Section 8-60.58.1(5) Purpose of Second Units - "Parking" of the Zoning Ordinance. The proposed second unit and the principal dwelling unit will not cover more than 60 percent of the Applicant's lot. This is in compliance with the second unit ordinance. Initially, the Applicant intends on using this structure as a workshop for hobbies instead of as a second dwelling unit. However, the Applicant has incorporated some architectural and structural features into the project design to accommodate the possible future conversion of the workshop into a dwelling unit. Some of these features include framed windows, plumbing and drain fixtures. In addition, Staff has included a condition in the Draft Resolution which requires that prior to occupancy of the structure as second dwelling unit, all building permits must be obtained and a kitchen facility must be constructed, and/or installed in compliance with the City's second unit ordinance. The Draft Resolution includes another condition which specifies that occupancy of any rented or leased unit (according to Zoning Ordinance Section 8-60.58.1(8) Purpose of Second Units-"Occupancy", one of the two units, either principal or second unit, may be rented or leased) shall be limited to a person or persons age 63 years or older or by a handicapped person or persons. The proposed project is in compliance with the Zoning Ordinance, in particular, City Ordinance No. 5-84, Second Units in R-1 District, and the General Plan. The project has also been reviewed by the Public Works, Building and Police Departments, as well as the Dougherty Regional Fire Authority. Their comments have been incorporated into the Draft Conditions of Approval (Exhibit B). -3- Staff recommends approval of the Applicant's Conditional Use Permit request for the construction of a second unit in a single family residential zone, subject to the conditions specified in the Draft Resolution (Exhibit B). RECOMMENDATION: • FORMAT: 1) Open public hearing and hear Staff presentation. 2) Take testimony from Applicant and the public. 3) Question Staff, Applicant and the public. 4) Close public hearing and deliberate. 5) Adopt Draft Resolution relating to PA 90-057 Conditional Use Permit, or give Staff and Applicant direction and continue the matter. ACTION: Staff recommends the Planning Commission adopt Exhibit B, Draft Resolution approving the Conditional Use Permit for PA 90-057 Raether Second Dwelling Unit. ATTACHMENTS: Exhibit A: Site Plan, Floor Plan and Elevation Exhibit B: Draft Planning Commission Resolution for Conditional Use Permit Background Attachments: Attachment 1: City Council Ordinance 5-84 (Second Unit Ordinance) Attachment 2: Draft Covenant for Occupancy and Tenant Restrictions Attachment 3: Location/Zoning Map Attachment 4: Written Statement -4- erg a 4e,..,, \NI ov,..04m ? VI - L - \ \ ...., , a.4,„._. ,..... , ......„ (p.r, ,,, \, Pauaazto -"if 1M1livtimuNn of wewV.v.oc. Ip ire-pm recl \ \ \\ i , 1 O 1 k UP ZA\ ;'a �� --to-- v -- 0.N IL.'" ANC - 34`_c P N ,. ) \ 9.. .. A.' ...4:-''' 41 / Glit t: S,..e.3 0 _ T �Vo•at sT RECEIVED ktt r JUL 1990 s\Tc R�,. 1 0 \4"` - EXHIBIT A DU PLANNING PAGE OF 3 25 -a' 3 \6` CAlh43 Qoo0. a\ I W"�JoW �'VUWJ ' Z‘o'X Nur bo. • • SANK .. �-o —�� \_p� I AGE \ • vlazxs.H-off 63� �.a���sr!zSt C E I V E U JUL 1 0 1990 PAGE OF__ DUBLIN PLANNING A 0 I _ _ 1190 -,d g o S � 0 fa 410 • N � � 3 RECEIVED JUL ? 01993 PAGE OF ?()- DUi3LIN PLANNING RESOLUTION NO. 90 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 90-057 RAETHER SECOND UNIT CONDITIONAL USE PERMIT REQUEST TO ALLOW CONSTRUCTION OF A 720 SQUARE FOOT DETACHED SECOND DWELLING UNIT AT 7634 TURQUOISE STREET WHEREAS, Cameron Raether filed a Conditional Use Permit application to allow the construction of a 720 square foot detached second dwelling unit at 7634 Turquoise Street; and WHEREAS, the City of Dublin Zoning Ordinance permits the establishment of second units in R-1 Districts subject to approval of a Conditional Use Permit and compliance with the minimum development criteria established for second units; 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 August 6, 1990; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and has been found to be categorically exempt from the provisions of CEQA pursuant to Section 15303, Class 3 of the State CEQA Guidelines because the project will consist of constructing a small residential second unit structure; and WHEREAS, the Staff Report was submitted recommending that the Conditional Use Permit 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 second unit will serve the public with special housing needs by providing affordable rental housing, and allowing more efficient use of the City's housing stock. /df:90057RE/ -1- EXHIBIT 8 .01 B. The use, as conditioned by this resolution, 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. 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 will be compatible with surrounding residential uses. E. The project is consistent with the Zoning Ordinance and the policies contained in the Dublin General Plan. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby conditionally approve PA 90-057 Raether Second Dwelling Unit Conditional Use Permit subject to the following conditions: CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to the establishment of the proposed land use activity or issuance of building or grading permits, and shall be subject to Planning Department review and approval. 1. PA 90-057 Conditional Use Permit approval is for the construction of a 720 square foot detached second dwelling unit at 7634 Turquoise Street, which shall generally conform to the site plan, floor plan, and elevations dated received by the Dublin Planning Department July 10, 1990 (Exhibit A), as modified by the following Conditions of Approval. Building permits for the proposed project shall be secured and construction commenced within six (6) months after the approval of this application or said approval shall be void. 2. In compliance with Zoning Ordinance Section 8-60.58.1(9) Purpose of Second Units-"Setback", the proposed detached second dwelling unit shall be setback (constructed) a minimum of 10 feet from the principal unit. 3. The architectural design and proposed exterior materials and finish of the second dwelling unit structure shall be subject to final review and approval by the Planning Director prior to the issuance of a building permit for the proposed second unit. Final plans must be submitted a minimum of thirty (30) days prior to the issuance of a building permit. The proposed structure -2- shall utilize exterior materials to match or complement the exterior materials of the existing structure. 4. Prior to the occupancy of the structure as a second dwelling unit, all building permits must be obtained and a kitchen facility must be constructed and/or installed in compliance with City Ordinance No. 5-84 Second Units in R-1 Districts. 5. Prior to final building inspection, a deed restriction shall be recorded by the Owner establishing that the occupancy requirements for the two residences shall be as outlined by Section 8-60.58.1(8) of the Zoning Ordinance and that one of the two units may be rented or leased and occupancy of the rented or leased unit shall be limited to a person or persons age 63 years or older or by a handicapped person or persons subject to Planning Director and City Attorney review and approval. 6. Prior to the establishment of the structure as a second dwelling unit, the Applicant shall comply with the Dougherty Regional Fire Authority (DRFA) requirements to: a. Provide a smoke detector in the second unit. b. Post the address for the second unit in a visible location. 7. The Applicant shall be assessed a $600.00 Fire Mitigation Fee for the establishment of the second dwelling unit. 8. The Applicant shall comply with all applicable building code requirements. 9. To apply for a building permit, 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. 10. 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. -3- 11. On an annual basis, the Conditional Use Permit shall be subject to Zoning Investigator review and determination as to compliance with the Conditions of Approval. PASSED, APPROVED, AND ADOPTED this 6th day of August, 1990. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director -4- /"..k ORDINANCE NO. 05 - 84 AN ORDINANCE OF THE CITY OF DUBLIN RELATING TO SECOND UNITS IN R-1 DISTRICTS The City Council of the City of Dublin does ordain as follows: Section 1. Definition: • Chapter 2 of Title 8 of the Alameda County Ordinance Code previously adopted by the City of Dublin is amended by the addition of Section 8-22.6.1 to read: 8-22.6.1 Second Unit: A second unit shall mean a unit with separate kitchen, sleeping, and bathroom facilities which is a part of, or an extension to, a detached single family unit, and which is subordinate to the principal dwelling unit. Section 2. Location: Chapter 2 of Title 8 of the Alameda County Ordinance Code previously adopted by the City of Dublin is amended by the addition of subsection (f) to Section 8-26.3 Conditional Uses: R-1 Districts to read: (f) Second unit as governed by Section 8-60.58.1. Section 3. Purpose and Property Development Standards: Chapter 2 of Title 8 of the Alameda County Ordinance Code previously adopted by the City of Dublin is amended by the addition of Section 8-60.58.1 to read: 8-60.58.1 Purpose of Second Units: The purpose of allowing second units in R-1 Districts is to provide the opportunity for the development of small rental housing units designed to meet the special housing needs of individuals and families, particularly those of low and moderate income. It is the further purpose of this Section to: 1) allow the more efficient use of the City's existing housing stock and underdeveloped residential properties; 2) to provide rental housing units for persons who are t elderly or disabled; `�. F 3) to protect property values and the single family character of the neighborhood; and, 4) to provide adequate public services and traffic flow, by insuring that second units are installed under such additional conditions as may be appropriate to further the purposes of this ordinance. Prior to making a decision on an application, consideration shall be given to traffic impact, utility capacity, access and mobility for handicapped or disabled persons, impact on adjacent neighbors, and impact on the neighborhood. In addition to those conditions deemed appropriate by the Planning Commission to protect the public health, safety and welfare, second units shall meet the • following minimum cirteria: ATTACHMENT I 1. Lot - The subject lot shall contain an existing, (mit` detached, single family dwelling unit and have a minimum lot size of 6,000 square feet. 2. Limitation - No more than one second unit shall be permitted on any one lot. 3. Size - The tctal floor area of the second unit shall be not less than. 275 square feet, nor more than 1,000 square feet. However, in no case shall the second family residential unit exceed 35% of the total floor area of the existing residential structure. 4. Location - The second unit shall conform to the development standards for the zoning district in which it is located, including but not limited to, standards for front, rear, and side yard setbacks, and height, but excluding density standards. 5. Parking - The second unit shall be provided with one additional off-street parking space. The parking space may be uncovered and may be in tandem with the required • parking of the principal dwelling unit, if lot configuration or aesthetic considerations preclude placement elsewhere on the parcel. The principal dwelling unit must conform to the parking requirements of Sections 8-63.4 and 8-63.17. 6. Design - The second unit shall be designed in such a way that the appearance of the new building remains that of a single family dwelling. Accordingly, any new entrance to the second unit shall not be visible from the street. 7. Coverage - The principal and second'unit shall not cover more than 60% of the lot. 8. Occupancy - a) Applications shall be limited to owner occupants who have resided in the principal dwelling for a minimum period of six months. b) No more than one dwelling unit on the parcel shall be rented or leased. c) The owner of the lot may occupy either the principal or second unit. d) Nothing in this section prohibits one or both dwelling units to remain vacant. e) The City shall require recordation of a deed restriction setting forth the occupancy requirement. f) No subdivision shall be allowed unless the division meets the applicable regulations of the Zoning Ordinance. 9. Setback - If the second unit is detached, it shall be a minimum of ten feet from the principal unit. Section 4. Severability: If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance, or any part thereof, is for any reason held to be unconstitutional, the validity of the remaining portions of this Ordinance shall ' not be affected thereby. Section 5. Effective Date: This Ordinance shall become effective 30 days after its final passage and adoption by the City Council. Section 6. Posting of Ordinance: The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three public places in the City of Dublin, in accordance with Section 36933 of the Government Code of the State of California. PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 27 th day of February , 1984, by the following votes: AYES: Councilmembers Drena, Hegarty, Jeffery, Moffatt and Mayor Snyder NOES: None ABSENT: None 1 -Ma r ..tom ATTEST: Ztv,.-10—C City Clerk f Recording Requested by: Cameron and Jacquline Raether 7634 Turquoise Street Dublin, CA 94568 After recordation return a copy to: City of Dublin Planning Department P. O. Box 2340 Dublin, CA 94568 COVENANT Covenant between CAMERON AND JACQULINE RAETHER, hereinafter referred to as "Covenantor" and the CITY OF DUBLIN, hereinafter referred to as "Covenantee." WHEREAS, Covenantor desires to build a second unit on the hereinafter described property; and WHEREAS, Covenantee approved Conditional Use Permit request (Planning Application PA 90-057) allowing the construction of a second dwelling unit at 7634 Turquoise Street, subject to certain conditions, on August 6, 1990. THEREFORE, Covenantor agrees as follows: 1. The real property is located in the City of Dublin, County of Alameda, State of California described as follows: [insert legal description of property] APN 941-2769-2 More commonly referred to as: 7634 Turquoise Street, Dublin, CA 94568 2. The occupancy requirements of the two residences shall be as outlined by Section 8-60.58.1(8) of the City of Dublin Zoning Ordinance, as in effect at the date of this Covenant. 3. One of the two units may be rented or leased. The other unit shall be owner-occupied. Occupancy of the rented or leased unit shall be limited to a person or persons age 63 years or older or by a handicapped person or persons. A handicapped person shall be a person ATTACHMENT 2. who meets the California Vehicle Code definition of a disabled person (Section 22511.5). Executed this day of , 1990, in Dublin, California. Cameron A. Raether Jacquline Raether df/raether/agreements I "oft.;; ,----- "4aL "'•} . gEE�L� .qw To. ) FPot '� " .11111111111 \ 1(' �•���• uuo[RCEx ice.`i. •` `,' •I��v 'y• .', P.RK j :// J/,-� -- -1 oG116YOM�t Mils PARK / �' ..,__.‘ i„„, •• • 4,, ; ...... • f.,Y C{..[. t ,......., _,., . COMIWOOTT ‘ ,...... 05 . .c„...1 ., ,,...g., 1 / s ) - /‘. V �i'4 i Quip ��OJ EEG 7-' s .. —� `'; 0o Loci 77O J '1j94' ( .-1-gao a ,\,1 i 00�000o D'( i ; ao PALM .� 5N r;� i i /�`�/\,,,;•\�._ s., \ -- j�� Oh l .ke'"'' .,. -', .,,,, -. '-'----' -----'---—2.. .—' ...N.,:::2;-, , \ ,,,iXe . .____. _. ,. ,,,,.y, ,....„..,..\ -go's° 1 , _______._ , ____ ____,..„... „„ ...."....> ..,.,... -rs ��' ♦ • Q-T \p.,' 497 •\ �\ '� 3'i :I ) YKR.M R[fLM.TIOM — — fls Ig i r f' t> S° n= —.. ram ;.J ;` S:\; � > L/\ ,jJ - t.Y► PARKS �.-�-� 4 a• „' I YILI T.RE RESERWTIOY ffili X •\\/ / •• 1, 1 !�` '. ` l I C.Y.r• 'Lj,- s "'-Ac r� • \ •• • 'j r 1 �•I J y y ! �� e ' 7�,. V \u.S.R.T..[ROYRUTK3 rt - 4 / ) s• •, --A, ...\ • • a / • L �`L .y\r��'_..'•' -"<,�.h \T�''/'• SCHOOL LI �,� / / / - �' ��r_(1 I SEE B Q�,_ =F,�• i �>'. 7' / y Rom' ) .}.7 to CA T/dN r"/ ; /ZON/�c/(� • ..� / t��p0o!'! VV1 fl P N ; : �; .... 4 ' /r..Z.T. ATTi�CNIHE - Nr 3 4 �._ • �.. //� / 1,:4.-, ' / \fit // I _/^W' 1. I LFP July 6. 1990 City of Dublin Dublin, CA 94568 Subjects Written Statement/Detached Workshop Gentlemen: The plans submitted for review reflect a new detached work- shop with a full bath. Keeping in mind the health care for the elderly, we've made the provisions to convert this to a mother-in- law unit if needed in the future. As the plans reflect, windows will be framed in and covered over for future use. This also is reflected in some of the plumbing. Our need is for the workshop as our hobbies are woodworking, stained class, metalworking, etc. The structure will match the existing house in the roofline, siding as well as paint scheme. My yard is an especially large lot making this possible. With the park on one side and the abandoned SP right-of-way on the back, there is no obstruction to any residence. Very truly yours Came/on A. Raether Jacquline Raether RECEIVED ATTACHMENT y JUL 1 '1990 DUg 4N°S�CNNING CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: August 6, 1990 TO: Planning Commission FROM: Planning Staff PREPARED BY: Ralph Kachadourian, Assistant Planner/Zoning Investigator MC SUBJECT: PA 90-048 Carl's Junior Restaurant Drive-through Window Conditional Use Permit at 7120 Dublin Boulevard GENERAL INFORMATION: PROJECT: Conditional Use Permit renewal for an existing drive-through window APPLICANT: Bruce Williams Carl's Jr. Restaurant 5994 W. Las Positas, Suite 123 Pleasanton, CA 94566 PROPERTY OWNER: Andrew S. Berwick and Amos Krause P. 0. Box 4999 Anaheim, CA 92803 LOCATION: 7120 Dublin Boulevard ASSESSOR PARCEL NUMBER: 941-1401-22 GENERAL PLAN DESIGNATION: Retail/Office DOWNTOWN SPECIFIC PLAN DESIGNATION: Development Zone 10 Village Parkway Mixed Use EXISTING ZONING AND LAND USE: C-2, General Commercial; Fast Food Restaurant COPIES TO: PA 90-048 Owner ITEM NO. Applicant 001 - " SURROUNDING LAND USE AND ZONING: North: C-2-B-40 General Commercial Combining District; Fast Food Restaurant South: C-0, Administrative Office and C-2, General Commercial; Office Complexes East: C-2, General Commercial; Retail Shopping Center West: C-2, General Commercial and M-1, Light Industrial; Restaurant and Car Wash ZONING HISTORY: December 12, 1975: Existing Carl's Jr. restaurant was developed in conjunction with Site Development Review approval S-546, approved by the Alameda County Planning Director. February 18, 1982: 20 foot tall freestanding sign was approved by the Alameda County Planning Department. December 15, 1986: PA 86-113 Conditional Use Permit was approved by the Planning Commission for a drive-through window to the existing restaurant. APPLICABLE REGULATIONS: Section 8-49.2 (e) of the Dublin Zoning Ordinance establishes drive-in businesses as a conditional use in a C-2 General Commercial District. Section 8-94.0 states that conditional uses must be analyzed to determine: 1) whether or not the use is required by the public need; 2) whether or not the use will be properly related to other land uses, transportation and service facilities in the vicinity; 3) whether or not the use will materially affect the health or safety of persons residing or working in the vicinity; and 4) whether or not the use will be contrary to the specific intent clauses or peformance standards established for the district in which it is located. ENVIRONMENTAL REVIEW: This project has been found to be Categorically Exempt from the California Environmental Quality Act under Section 15301, Class 1 of CEQA guidelines in that the use consists of the operation of an existing drive-through window involving no expansion of use beyond that previously existing. 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. -2- 00 ANALYSIS: The Applicant is requesting approval of a Conditional Use Permit to continue operation of a drive-through pick-up window along the southeast portion of the existing Carl's Jr. Restaurant at 7120 Dublin Boulevard. The use of the existing drive-through window proposed has not changed from the previously approved Conditional Use Permit (PA 86-113) which expired on December 12, 1989. The restaurant currently occupies 2, 500+ square feet within the northwest corner of the existing 32,500+ square foot Dublin Village Shopping Center. Accessibility in and out of the adjoining parking spaces and the drive- through aisleway up to the menu board continue to be met. The "stacking distance" (i.e. , the number of vehicles that can "stack" up behind a specified point) between the menu order board and the nearest adjoining drive aisle is at 5+ vehicles . No on-site traffic circulation problems exist. In the past two years, Carl' s Jr. has operated the drive-through window in compliance with the previous Conditional Use permit requirements, and no zoning violations have occurred on the site. The application has been reviewed by the applicable public agencies and City Departments with appropriate conditions identified in the resolution, and is in compliance with the City's Zoning Ordinance. Staff recommends approval of the Conditional Use Permit request. RECOMMENDATION: FORMAT: 1) Open public hearing and hear Staff presentation. 2) Take testimony from Applicant and the public. 3) Question Staff, Applicant and the public. 4) Close public hearing and deliberate. 5) Adopt resolution approving PA 90-048, or give Staff and Applicant direction and continue the matter. ACTION: Staff recommends that the Planning Commission adopt the attached resolution (Exhibit B) approving the Conditional Use permit, PA 90-048 for Carl's Jr. drive-through window. ATTACHMENTS: Exhibit A: Site Plan/Elevation Drawings Exhibit B: Draft resolution approving PA 90-048 Background Attachments: Attachment 1: Location/Zoning Map Attachment 2: Staff Study of July 25, 1990 -3- �, 000 113.--01.3rs < CD --RR• • ��� � � �,�. �..._ VILLAGE PARKWAY + t ' trt Ears aE,ws e a �..fWC"' �°�'"' ll�r ▪ ,m,s.o,r>�s< s op en IIr ►. -11-3 �. nnesasw,mow ,,..r,mm�wa awa s av,,. :. -_._ ° Dfairl — / trg rIrF < < •/ 71: 1[L 14'O.Ar ›4, ... , Hb2 -) 1 0 .c.�c 7Fnc-,,,te< a Ews-G V.,P:«P.,v6- --) 3 T� RC♦•"'6ce.�l -_ .i\ . t wrzr: I E.+y_.r+iu-FeMwe e,�usro -----r--�� \ 7.. 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I1IIII � �aI R 1 \ 1 MI.I'I! - / i ;�!",' \,4-----. . - I — 1 F 2e 1 I " I4 aZii, 1=":_1,1,--,.—— . . i,0t,P1.1 P A G aMs I —! T -=EC r 13 Pi Hi i " r ) k il�Ite�Z Z n �, a 3 F 33E - � Z 11 'I I' c� ---- i 4m fi— g •IJ l' iii c� rn ! T W 6s U �4I .. :.;::;_.1- '' I II ill I1 I�iii= , ./ 1 © U '-'47-'''' :- i fi ill ,:ft's ft I Eg I 4. ,- , ,i, , v:•, • ..,., , , . ii, \ • ' 11.1f- to.,,, J,I `Ifiil I l' \ Its .4.... 1. . . 4:7... ..... . te, 1 ! 1 . :, \ i uc T�7 I iI ti , l .l , 'e �- .F 111IIIIII,,II�w, Fit,.;: j jjF"'`a' I Nc TEE — !`,:1 - ;10 i.1 r' i r ce] ,, 1 k9si 'r p II :!,11;1 1 g 9 D j J A w t- Li. 0 —I L , /' , rn n2 ,*; iCARL7fi' K'A:RCHmR NTERPRISES; I • EXHIBIT/�W m� No i:*, 1200 NORTH HARBOR //a rkit N ELEVATI9:A 174.12 sc:�c ANAHtIM.CALIF.92801 ou 1 4 ,20 0�� . �, 0 ti 5 RESOLUTION NO. 90 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 90-048 CARL'S JR. RESTAURANT CONDITIONAL USE PERMIT REQUEST TO OPERATE AN EXISTING DRIVE-THROUGH WINDOW AT 7120 DUBLIN BOULEVARD WHEREAS, Carl's Junior Restaurant has filed an application for a Conditional Use Permit (PA 90-048) for the continued operation of an existing drive-through window for a fast food restaurant at 7120 Dublin Boulevard; and WHEREAS, the Planning Commission did hold a public hearing on said application on August 6, 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 of CEQA; and WHEREAS, the Staff Report was submitted recommending that the application be approved subject to conditions; 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) The use is required to serve a public need in that it provides a drive-through window service for convenient food order and pick up. b) The use will be properly related to other land uses and transportation and service facilities in the vicinity in that daytime activities will be commensurate with present use of properties in the neighborhood. c) The use, under all circumstances and conditions of this particular case, will not materially 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 in that the drive-through window for the fast food restaurant is a use which is consistent with the character of the commercial district. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby conditionally approve PA 90-048 Carl's Jr. Restaurant Conditional Use Permit as shown on the attached plans prepared by Carl Karcher Enterprises, Inc. (Exhibit A) dated received June 29, 1990 and on file with the Dublin Planning Department, subject to the following conditions: EXHIBIT 13 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 subject to Planning Department review and approval. 1. PA 90-048 Carl's Jr. Restaurant Conditional Use Permit is approved for the operation of the existing drive-through window at 7120 Dublin Boulevard as generally depicted on plans labeled Exhibit A dated received June 29, 1990. 2. No loudspeakers or outside amplification of music shall be allowed. The loudspeakers utilized for the drive through window service shall observe noise levels which reflect the minimal volume functional. 3. The existing 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. A standard three (3) foot concrete apron and replacement A.C. paving shall be installed around all sides of the existing drainage inlet located within the driveway to the north of the existing restaurant building (see Staff Study dated July 25, 1990 attached). 5. All existing striping and arrows for the drive through aisle shall be repainted to the satisfaction of the Planning Director (see Staff Study dated July 25, 1990 attached). 6. Any new or proposed signs added to the restaurant site shall be subject to review and approval by the Planning Department prior to installation. 7. This approval shall be null and void, in the event the approved use ceases to operate for a continuous one year period. 8. On an annual basis, this Conditional Use Permit shall be subject to Zoning Investigator review and determination as to compliance with the Conditions of Approval. 9. 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 the conditions of this use permit will be subject to citation. PASSED, APPROVED AND ADOPTED this 6th day of August, 1990. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director -2- 00i es ^ ' , • SLL SI RI I' IU .:.'.7. - i' --: iii • \ ;:„ ,, i'l ',, A ‘,,,,,:::'-',.Z;;•,,,, !_---T::::-"::::::" ti -;lA- p _ '- 1� .,/�) /44? ' '..Z0 ..gy / ' L iv,: :*:,< n itir -• i 4- ' i._. iil >i....: <� n1 v ,, . r( -;. 1- ...,..E 0 I il t4/I .2 / il : 1 : Irl_. --)-7--_-. i,:...-, a ,..: :, i! . , , 9 j i. ;c „l,::1 1 i yi: 7 - •:�;.. S`= a........ '•"w. A PART OF THE f•`• u {9 CITY OF n SANTINA r ZONING MAP ',.� � n• € I DUBGN I THOMPSON.. TIIE CITY OF ATTACHMENT S Gc8 I i I 205 ( CIO . 1 • • --. I‘sil L. T�; I.-- VIZ K IOW ..01111.01M ""s"""~ 01,100,1'"" ,a,� VILLAGE PARKWAY s w 01008. 96'.6'�t. Yi.....a_c 0100 Wilts M.�o-sA.l:CT - .r,.fwita Ae�+ar lrsra - M \ Uow one = F���at.-• 4- l _-_--__-- iKErn•Ja-,t4+r�G,,l Y'. - ...'. M•,i1.. III C.:.._.n rYK _ ' lea✓ .•' GewL- v!I > i.J n^.: -, �� i Ito`f i� .. r. , _ -_.-_- II \ ,,..u. 1 d N+ e. E K 1,,,'.£.47 �`" 3 v` .. �% ,}.-+gee: ,.............. 1 t.I c] j - .? •^ �— L� o w. T rn ° \ RECEIVED L.. �,�—, Y.r7,r� `. Erc-I,'• _ Q m L • i.tq•ey,r•Ki.M. • �,i.,1 ) • - 17 (,]. DNeR=.+S_r-�" II ("2A :tJeo Dom!. 31 c.,ri•5 D7�• Y m 1. J U N 2 9 1990 --., n.-y,—;..., `f t.�' .�D :II 1 — — — Q u N � ! 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WI eel -......-.- \ \ \ / \ \�. \ / �. � job rainber--1 \ \\ \\ •' \ \ Wsj4e yr.�' _'• J�� 5cp.E:I'-Io-o' `»4''2 \ \\ \\ /�JC\ \\\ .. \\♦ \ -- .•y.'r y \ 1 v/ Q `rt7\\ \\\ \\\ i�'�� \\ ♦♦ \ r•ew41,64'.•.tt(trow' .u.--S.-1eK, A / Klrvit tj \ \\ /�\ \\ \\` 1 .\ `♦ti \ �� �i{n Pc+roam . • CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: August 6, 1990 TO: Planning Commission FROM: Planning Staff PREPARED BY: Charlie Haims, Project Planner Cff M04 SUBJECT: PA 90-053 Kildara Directional Tract Sign tt Conditional Use Permit located on the east side of San Ramon Road. GENERAL INFORMATION: PROJECT: Conditional Use Permit renewal request for one off-site directional tract sign located on the vacant lot on the east side of San Ramon Road north of Dublin Boulevard and the Chevron Service Station. APPLICANT: Marketshare, Inc. Doug Millsap 2001 Tarob Court Milpitas, CA 95035 PROPERTY OWNER: See's Candy 210 El Camino Real South San Francisco, CA 94080 LOCATION: Vacant lot on the east side of San Ramon Road, north of Dublin Boulevard and the Chevron Service Station ASSESSOR PARCEL NUMBER: 941-305-34 PARCEL SIZE: 1.21+ acres GENERAL PLAN DESIGNATION: Retail/Office DOWNTOWN SPECIFIC PLAN DESIGNATION: Development Zone 5, San Ramon Road Retail COPIES TO: PA 90-053 ITEM NO. 8e3a Applicant Owner ,nt r 6 EXISTING ZONING AND LAND USE: C-1, Retail Business District Undeveloped SURROUNDING LAND USE AND ZONING: North: Plant Nursery; C-1, Retail Business South: Service Station; C-1, Retail Business East: El Pollo Loco, C-1, Retail Business West: San Ramon right-of-way ZONING HISTORY: PA 85-081: On October 21, 1985, the Planning Commission approved Conditional Use Permit for a Directional Tract Sign (Heritage Commons) for Diamond Signs. PA 86-078: On August 18, 1986, the Planning Commission approved Conditional Use Permit for a Directional Tract Sign (K & B California Vista) for Sign Technology, Inc. PA 87-005: On February 17, 1987, the Planning Commission approved Conditional Use Permit for a Directional Tract Sign (Vista Green) for Diamond Signs. PA 87-006: On February 17, 1987, the Planning Commission approved Conditional Use Permit for Directional Tract Sign (Coral Gate) for Diamond Signs. PA 88-058: On June 20, 1988, the Planning Commission approved Conditional Use Permit for Directional Tract Sign (Kildare) for Diamond Signs. APPLICABLE REGULATIONS: Section 8-87.60 A) requires the approval of a Conditional Use Permit for a Directional Tract Sign in any district. 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 under Section 15301, Class 1(g) of the California Environmental Guidelines (CEQA). It involves placement of an off premise sign. 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. -2- 0G2 ANALYSIS: The Applicant is requesting renewal of a Conditional Use Permit (PA 88-058) to allow one Directional Tract Sign for Kildara residential development project on the currently undeveloped parcel located on the east side of San Ramon Road, north of Dublin Boulevard and the Chevron service station. The existing sign is a 10 foot tall, single faced sign with a total of 32 square feet (4 feet x 8 feet) of sign area identifying the name of the subdivision and directions for reaching the development. The sign is perpendicular to San Ramon Road with a 5 foot setback from the south side property line. The proposed sign is set back approximately 25 feet from the front property line. Also existing on this site is a Directional Tract sign for the Torrey Pines development. This sign, which was posted by another sign company, is illegal as there has not been an application filed, nor a Conditional Use Permit approved. Kildara estimates that their model home complex will be in use for approximately one year. The resolution grants a two year time period for the Conditional Use Permit, which is standard for this type of permit. On August 18, 1988, the Applicant posted a security deposit in the amount of $1,000.00 with the City of Dublin in order to guarantee the removal of both this sign and a similar Kildara sign approved under PA 88-059. The $500.00 portion of the deposit intended for the sign being considered with this application is still being held by the City and will continue to apply to this sign until the signs removal. This application has been reviewed by other departments, and applicable conditions of approval are included in the resolution to address their concerns. The undeveloped lot has been used for the storage of construction materials and has supported other Directional Tract Signs in the past. The proposed sign is consistent with the City's Zoning Ordinance in all aspects (size, height, location and sign content). Staff recommends approval of the Conditional Use Permit to continue this use. RECOMMENDATION: FORMAT: 1) Open public hearing and hear Staff presentation. 2) Take testimony from Applicant and the public. 3) Question Staff, Applicant and the public. 4) Close public hearing and deliberate. 5) Adopt resolution approving the Conditional Use Permit, or give Staff and Applicant direction and continue the matter. ACTION: Adopt resolution (Exhibit B) approving PA 90-053 Kildara Conditional Use Permit. -3- UU3 ATTACHMENTS: Exhibit A: Sign Elevation and Site Plan Exhibit B: Draft Resolution approving PA 90-053 Conditional Use Permit Background Attachments: Attachment 1: Written Statement Attachment 2: Security Deposit Agreement 064 RESOLUTION NO. 90 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 90-053 KILDARA CONDITIONAL USE PERMIT FOR CONTINUED USE OF A DIRECTIONAL TRACT SIGN LOCATED ON THE EAST SIDE OF SAN RAMON ROAD, NORTH OF DUBLIN BOULEVARD (APN 941-305-34) WHEREAS, Doug Millsap, representing Marketshare, Inc., filed an application for a Conditional Use Permit renewal request to allow a Directional Tract Sign on the east side of San Ramon Road, north of Dublin Boulevard adjacent to the Chevron Station; and WHEREAS, the Planning Commission did hold a public hearing on said application on August 6th, 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(g) of CEQA; 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. The use is required by the public need in that it provides directional information to the general public for a housing development under construction, Kildare. B. The use would be properly related to other land uses and transportation and service facilities in the vicinity, in that it will be compatible with surrounding uses. C. The use, if permitted under all circumstances and conditions of this particular case, will not materially affect adversely the health or safety of persons residing or working in the vicinity or be materially detrimental to the public welfare or injurious to property or improvements in the area, as all applicable regulations will be met. D. The use will not be contrary to the specific intent clause or performance standards established for the district in which it is to be located, in that conditions have been applied to insure conformance with the Zoning Ordinance. - 1 - G U BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby conditionally approve Conditional Use Permit PA 90-053 as shown by materials labeled "Exhibit A" stamped approved and on file with the Dublin Planning Department, subject to the following conditions. CONDITIONS OF APPROVAL Unless otherwise specified, the following conditions shall be complied with prior to establishment of use. Each item is subject to review and approval of the Planning Director unless otherwise specified. 1) PA 90-053 is approved for the placement of a 4 foot x 8 foot directional tract sign on the vacant lot on the east side of San Ramon Road, north of Dublin Boulevard and the Chevron Service Station (APN 941-305-34). The use shall generally conform to the plan submitted with PA 90-053, dated received June 29, 1990, Exhibit A, on file with the Dublin Planning Department and subject to conditions of approval. 2) The sign shall have a maximum single-faced area of 32 square feet (a double faced sign with a maximum area of 32 square feet on each sign face may be used) and a maximum height of 12 feet. 3) The tract sign shall not obstruct the visibility of motorists, pedestrians or cyclists. Any relocation of the sign shall be subject to review and approval by the Planning Director prior to being moved. 4) This approval shall remain in effect until August 16, 1992, or until the last lot/unit is sold, whichever occurs first. 5) The Applicant shall remove said sign and the entire sign support structure upon expiration of this Conditional Use Permit approval. 6) In satisfying Condition #6 of PA 88-058, the Applicant posted a security deposit with the City of Dublin on August 16, 1988 in the amount of $500.00 to secure the faithful performance of Condition #5 (removal of sign). Said security deposit shall guarantee that these funds will be available and that the instrument of credit will remain effective until September 16, 1992, at which time the security deposit will be returned to the Applicant. 7) 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. PASSED, APPROVED AND ADOPTED this 6th day of August, 1990. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director -2- �+ OuB ('4 1944,19, LOGO I Nhl.F ae s(g11Nr ' PM.`i 127a ilrre 2aROE� NEW CONDOMINIUM HOMES94,1 .�� C; � ra a p� o, �e T sPAedgaND ee �527 • TNT RECEIVED himr 2 g 136 DUBUN PLANNING fPr Fa-o56, 525:. ICD. s-I ww III 411 ,s2CEIVED 990 EXHIBIT A J90 1j3 —DUBLIN PLANNING r G V 7 r (J, 0. t > > �i I MO '."470AD it 1 I.... �//4# --rr'i • - 174 I �.�.- ---,woo' • ..---AIi I , I =_,... ...c...Ci. -.D•O•r t ) la I 1 I I .': �, '. V I....,S ino IS00 I . riss„,,,.. LI ..wyt I ""..t !4 Ii I . . . .. . .: I. • \........ . ... • L- �' 8I I . • . I I 73 /tr. 0 ? ..t, • Ili d„-°- OJ r 1 •k� �. ~ er • i73 1. ® 1 4•. iI • l O r r r OHA[ tiJ : +s•(��+1 t A $•� 7 `♦ i • •f•di 1 1 1 o. Ot.`, I'� 1 ` .1OKf /?rop o sec 1 C S . • . .. . I ao ? Th1T" 47 _. .. Afsm�.PIl3f0(AiM ly W.PIS 3r.•1�S SO11)IQ1,4:334(P Ik•Pi M I .:t r: RECEIVFn i' ICE—CEIVED • UN 2 9 1990 D 053 DUBLIN PLANNING ... EXHIBIT A • .. Marketshare, Inc. June 29, 1990 City of Dublin 6500 Dublin Blvd. #D Dublin, CA 94568 Attn: Planning Dept. RE: Kildara off-site subdivision signs Dear Planner: We need to renew the two off-site signs for the Kildara project based on the following reasons: 1. The project is located off the major thoroughfare and is not noticed unless directional signs are used. 2. The builder needs the signs to help generate enough traffic to guarantee that the project is a success. 3. The signs are necessary to help complete a full marketing program. Newspapers helps to get potential buyers to the area but the signs help direct them to the project. From our surveys close to 70% of all the traffic to the project is directly related to the directional signs. Please renew our permits for another 18 months which will hopefully be the close out date for this project. Sincerely, //-'IS/�I�Yikets C� roup oug llsap� RECEIVED Directional Ma JUL 2 9 1 90 qo-o DUBLIN PLANNING liU;9 2001 Tarob Court, Milpitas, California, 95035 408/262-0677 Fax:408/262-9328 ATTAC 1 n • SECURITY DEPOSIT AGREEMENT This Agreement is made on S- 1 b-88 between the City of Dublin ("City") and The Housing Venture, 919 San Ramon Valley Boulevard, Danville, CA 94526 and The Diamond Group, 2001 Tarob Court, Milpitas, CA 95035, - ("Applicants"). 1. The Applicants have agreed to remove the two (2) directional tract signs approved for the Kildara Housing Development (PA 88-058 and PA 88-059); one located on the east side of San Ramon Road (APN 941-305-34) and one located on the northwest corner of San Ramon Road and Silvergate Drive (11960 Silvergate Drive), as identified in the Resolutions of Approval for PA 88-058 and PA 88- 059 (Exhibit A attached). 2. The Applicant agrees to submit to the City a security deposit in the amount of One Thousand and no/100 Dollars ($1,000.00) in one of the following forms: A. Cash B. Cashier's Check C. Certificate of Deposit made to the City of Dublin with interest accruing to the purchaser. D. An irrevocable Letter of Credit from a federally insured bank or savings and loan association, in the format specified by the City. E. A passbook savings account where withdrawal is predicated on a signature by the Dublin City Manager. 3. In the event that said signs are not removed within the time frame established by the Resolutions of Approval, the Applicant agrees that, without further notice to the Applicant, the Planning Director may use some or all of the security deposit to remove said signs. 4. Upon satisfactory removal of said signs, and at the request of the Applicant, the City shall release any remaining security deposit to The Housing Venture, 919 San Ramon Valley Boulevard, Suite 255, Danville, CA 94526. 5. This agreement shall be binding on the heirs, successors, and assigns of the parties. RECEIVED f,UG .',::::� RECEIVEI5 „ 0„.0 [Sec Dep Kildara 7/7] OUBU4 PLANNING JUL ,^;'ATTACHMENT 2 n'!nl.fl4 PLANNING APPLICAP7T: THE CITY OF DU I By, _ 7—?S� By. � �j�n F �S nature Date Signature Date R. Scott Woodman, Project Manager Laurence L. Tong, Planning Director Name and Title Name and Title The Housing Venture Organization Represented IMPf gnat a /Date Name and Title The Diamond Group Organization Represented [Sec Dep Kildara 7/7] 1` U' �. f r"%, CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: August 6, 1990 TO: Planning Commission FROM: Planning Staff PREPARED BY: Charlie Haims, Project Planner C H' Koy SUBJECT: PA 90-054 Kildara Directional Tract Sign Conditional Use Permit, 11920 Dublin Green Drive GENERAL INFORMATION: PROJECT: Conditional Use Permit renewal request for one off-site directional tract sign located at 11920 Dublin Green Drive APPLICANT: Marketshare, Inc. Doug Millsap 2001 Tarob Court Milpitas, CA 95035 PROPERTY OWNER: Bill Foster 11776 Shadow Drive Dublin, CA 94568 LOCATION: 11920 Dublin Green Drive ASSESSOR PARCEL NUMBER: 941-103-69-1 PARCEL SIZE: 12,305 square feet GENERAL PLAN DESIGNATION: Retail/Office EXISTING ZONING AND LAND USE: C-N, Neighborhood Business District, Undeveloped SURROUNDING LAND USE AND ZONING: North: R-1-B-E, Single Family Residential Combining District South: C-N, Neighborhood Business District Silvergate Drive right-of-way East: C-N, San Ramon Road right-of-way West: C-N, Neighborhood Business District Q COPIES TO: PA 90-054 ITEM NO. p. b_ Applicant Owner 001 ZONING HISTORY: August 5, 1985: Planning Commission approved a Conditional Use Permit for a Directional Tract Sign (Silvergate Highlands) for Sign Technology. July 17, 1986: Planning Commission approved a Conditional Use Permit for a Directional Tract Sign for Bordeaux Estates for Diamond Signs PA 86-056. June 15, 1987: Planning Commission approved a Conditional Use Permit for a Directional Tract Sign for Diamond Sign Vista Green PA 87-041. June 20, 1988: Planning Commission approved Conditional Use Permit for a Directional Tract Sign for Diamond Signs Kildara PA 88-059. November 7, 1988: Planning Commission approved a Conditional Use Permit for a Directional Tract Sign for Diamond Signs Images, PA 88-085. APPLICABLE REGULATIONS: Section 8-87.60 A) requires the approval of a Conditional Use Permit for a Directional Tract Sign in any district. 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 under Section 15301, Class 1(g) of the California Environmental Guidelines (CEQA). It involves placement of an off premise sign. 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 Applicant is requesting renewal of a Conditional Use Permit (PA 88- 059) to allow one Directional Tract Sign for Kildara on the currently undeveloped parcel located at the northwest corner of San Ramon Road and Silvergate Drive (11920 Dublin Green Drive). The existing sign is a 10 foot tall, single faced sign with a total of 32 square feet (4 feet x 8 feet) of sign area identifying the name of the subdivision and directions for reaching the development. The sign is perpendicular to San Ramon Road with a 75 foot setback from both the south and east side property lines. There is also a similar sign on this site for the "Images" development. -2- Kildara estimates that their model home complex will be in use for approximately one year. The resolution grants a two year time period for the Conditional Use Permit, which is standard for this type of permit. On August 18, 1988, the Applicant posted a security deposit in the amount of $1,000.00 with the City of Dublin in order to guarantee the removal of both this sign and a similar Kildara sign approved under PA 88-058. The $500.00 portion of the deposit intended for the sign being considered with this application is still being held by the City and should continue to apply to this sign until the sign's removal. This application has been reviewed by other departments, and applicable conditions of approval are included in the resolution to address their concerns. The undeveloped lot has supported other Directional Tract Signs in the past. The proposed sign is consistent with the City's Zoning Ordinance in all aspects (size, height, location and sign content). Staff recommends approval of the Conditional Use Permit to continue this use. RECOMMENDATION: FORMAT: 1) Open public hearing and hear Staff presentation. 2) Take testimony from Applicant and the public. 3) Question Staff, Applicant and the public. 4) Close public hearing and deliberate. 5) Adopt resolution approving the Conditional Use Permit, or give Staff and Applicant direction and continue the matter. ACTION: Adopt resolution (Exhibit B) approving PA 90-054 Kildara Conditional Use Permit. ATTACHMENTS: Exhibit A: Sign Elevation Site Plan Exhibit B: Draft Resolution approving PA 90-054 Conditional Use Permit Background Attachments: Attachment 1: Written Statement Attachment 2: Security Deposit Agreement -3- 062 rS n RESOLUTION NO. 90 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 90-054 KILDARA CONDITIONAL USE PERMIT FOR CONTINUED USE OF A DIRECTIONAL TRACT SIGN LOCATED AT 11920 DUBLIN GREEN DRIVE WHEREAS, Doug Millsap, representing Marketshare, Inc., filed an application for a Conditional Use Permit renewal request to allow a Directional Tract Sign at 11920 Dublin Green Drive; and WHEREAS, the Planning Commission did hold a public hearing on said application on August 6th, 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(g) of CEQA; 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. The use is required by the public need in that it provides directional information to the general public for a housing development under construction, Kildare. B. The use would be properly related to other land uses and transportation and service facilities in the vicinity, in that it will be compatible with surrounding uses. C. The use, if permitted under all circumstances and conditions of this particular case, will not materially affect adversely the health or safety of persons residing or working in the vicinity or be materially detrimental to the public welfare or injurious to property or improvements in the area, as all applicable regulations will be met. D. The use will not be contrary to the specific intent clause or performance standards established for the district in which it is to be located, in that conditions have been applied to insure conformance with the Zoning Ordinance. - 1 - - 003 BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby conditionally approve Conditional Use Permit PA 90-054 as shown by materials labeled "Exhibit A" stamped approved and on file with the Dublin Planning Department, subject to the following conditions. CONDITIONS OF APPROVAL Unless otherwise specified, the following conditions shall be complied with prior to establishment of use. Each item is subject to review and approval of the Planning Director unless otherwise specified. 1) PA 90-054 is approved for the placement of a 4 foot x 8 foot directional tract sign at 11920 Dublin Green Drive. The use shall generally conform to the plan submitted with PA 90-054, dated received June 29, 1990, Exhibit A, on file with the Dublin Planning Department and subject to conditions of approval. 2) The sign shall have a maximum single-faced area of 32 square feet (a double faced sign with a maximum area of 32 square feet on each sign face may be used) and a maximum height of 12 feet. 3) The tract sign shall not obstruct the visibility of motorists, pedestrians, or cyclists. Any relocation of the sign shall be subject to review and approval by the Planning Director prior to being moved. 4) This approval shall remain in effect until August 16, 1992, or until the last lot/unit is sold, whichever occurs first. 5) The Applicant shall remove said sign and the entire sign support structure upon expiration of this Conditional Use Permit approval. 6) In satisfying Condition #6 of PA 88-059, the Applicant posted a security deposit with the City of Dublin on August 16, 1988 in the amount of $500.00 to secure the faithful performance of Condition #5 (removal of sign). Said security deposit shall guarantee that these funds will be available and that the instrument of credit will remain effective until September 16, 1992, at which time the security deposit will be returned to the Applicant. 7) 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. PASSED, APPROVED AND ADOPTED this 6th day of August, 1990. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director -2- 034 M4" 187 I.o&o 121,112 e1't L3f 1r-I-v.. L..606 o.facaa.k: r 5e1"TINT PM� 127e- 5k'.s'vND . pMhB, àKlldar edr�� : Itildili I con' NEW CONDOMINIUM HOMES/ LI }[1If [al I DZ iJ [ %7LBD - 11L,71-rmiz107 f rvA6KANIP. i�27 GD O • `TINT RECEIVED JUL 29 1990 40-os41 ��,�ryry ,� _1 DUBLIN PLANNING OATS:5-21/T scpl�:0`1/A, j — �/�j'G 1 G> REV' % T/" ��(A(}.I yI Iv' PROJECT: 1' p' ■, "` V Y u=A 2 ► The Mark share Group 2001 Tup6 Cow,Milpius,Calilpinia,95Q35 406/161 0671 EXHIBIT A • 1 /-*4. I NI e �� I -I'_ / '°€). -'- . . - I I ` j 106 0 _;; 4 g 1 : t 7.)1,144 , Vf I. el 4114 hit b Y ?1! ' i 'L "��,►�, .16. = I 'k1 Ida✓a. :, Et H7 *A b 'ioTi . 11112.1 ilit. ' *.*sia2.1 ./ k.4%.114 , : �_M�'�' d iha a e' ' w '.:" Ill 0e' :ram w�1 '.�. t :7 - nil8, - Tia .0.,lr,* . ..,. - .r.. ---• , - = 0. 1�sr cds• 10 r_\' ' ---i d WI ' \ e•CAA 4.C. 8. Q). • VA..• i4141 L.' "i".'fa . '1 -et,t;iZe• `''', :i' g: :�� (-.. , ,, iy ( '� + RECEIVED 1 EXHIBIT A JUL 29 1990 :: • � a Marketshare, Inc. June 29, 1990 City of Dublin 6500 Dublin Blvd. #D Dublin, CA 94568 Attn: Planning Dept. RE: Kildara off-site subdivision signs Dear Planner: We need to renew the two off-site signs for the Kildara project based on the following reasons: 1. The project is located off the major thoroughfare and is not noticed unless directional signs are used. 2. The builder needs the signs to help generate enough traffic to guarantee that the project is a success. 3. The signs are necessary to help complete a full marketing program. Newspapers helps to get potential buyers to the area but the signs help direct them to the project. From our surveys close to 70% of all the traffic to the project is directly related to the directional signs. Please renew our permits for another 18 months which will hopefully be the close out date for this project. Sincerely, Markets r roup oug llsap RECEIVED Directional Ma JUL29190 9G-D DUBLIN PLANNING Uu7 ATTACHMENT 1 2001 Tarob Court, Milpitas, California, 95035 408/262-0677 Far 408/262-9328 411 SECURITY DEPOSIT AGREEMENT This Agreement is made on E.- 16—88 between the City of Dublin ("City") and The Housing Venture, 919 San Ramon Valley Boulevard, Danville, CA 94526 and The Diamond Group, 2001 Tarob Court, Milpitas , CA 95035, ("Applicants") . 1. The Applicants have agreed to remove the two (2) directional tract signs approved for the Kildara Housing Development (PA 88-058 and PA 88-059) ; one located on the east side of San Ramon Road (APN 941-305-34) and one located on the northwest corner of San Ramon Road and Silvergate Drive (11960 Silvergate Drive) , as identified in the Resolutions of Approval for PA 88-058 and PA 88- 059 (Exhibit A attached) . 2. The Applicant agrees to submit to the City a security deposit in the amount of One Thousand and no/100 Dollars ($1,000.00) in one of the following forms: A. Cash B. Cashier' s Check C. Certificate of Deposit made to the City of Dublin with interest accruing to the purchaser. D. An irrevocable Letter of Credit from a federally insured bank or savings and loan association, in the format specified by the City. E. A passbook savings account where withdrawal is predicated on a signature by the Dublin City Manager. 3. In the event that said signs are not removed within the time frame established by the Resolutions of Approval, the Applicant agrees that, without further notice to the Applicant, the Planning Director may use some or all of the security deposit to remove said signs. 4. Upon satisfactory removal of said signs , and at the request of the Applicant, the City shall release any remaining security deposit to The Housing Venture, 919 San Ramon Valley Boulevard, Suite 255, Danville, CA 94526. 5. This agreement shall be binding on the heirs, successors, and assigns of the parties. RECEIVED i 1'.J G ., ... _ R V C 1 br 06 3 [Sec Del) Kildara i;ii JUL 2 -; 'AromENT N tlLPN rtANITNO 0 APPLICANT: ♦-\L�- .\ sp THE CITY OF DU IN: f( I- Qy By/ ?-4`e71 Sy:J lA/Y "fte(W nature Date Signature Date R. Scott Woodman, Project Manager Laurence L. Tong, Planning Director Name and Title Name and Title The Housing Venture Organization Represented ht 'MfDat// erni.liP9f jD%Rrgl-vt.itt Name and Title The Diamond Group Organization Represented [Sec Dep Kildara 7/7] 2 069 CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: August 6, 1990 TO: Planning Commission FROM: Planning Staff PREPARED BY: David Choy, Associate Plannerte/ Ko'N SUBJECT: PA 90-055 Dublin Meadows Tentative Map at 7149 Dublin Meadows Street GENERAL INFORMATION: PROJECT: Application for Tentative Tract Map 6335 to replace the existing Tract 5883, Dublin Meadows. The proposal is to split the 16.41 acre site into three separate parcels, with no change to the approved site layout or the number of units. APPLICANT: Westworth Development, Inc. Attn: Ed Kahl 100 Larkspur Landing Circle, Suite 106 Larkspur, CA 94939 REPRESENTATIVE: Bissell & Karn, Inc. Attn: Kathy Loverin 4637 Chabot Drive, Suite 204 Pleasanton, CA 94566 PROPERTY OWNER: Dublin Meadows Partners Attn: Faye Lefurgey c/o JL Construction 5966 LaPlace Court, Suite 200 Carlsbad, CA 92008 LOCATION: 7149 Dublin Meadows Street ASSESSOR PARCEL NUMBER: 941-2765-3 & 4 PARCEL SIZE: 16.41 acres COPIES TO: Applicant 8 Representative ITEM NO. • Owner PA 90-055 Ot GENERAL PLAN DESIGNATION: Medium-High Density Residential EXISTING ZONING AND LAND USE: PD, Planned Development allowing 206 apartment/condominium units and recreation facilities SURROUNDING LAND USE AND ZONING: North: PD, Villages Planned Development project South: PD, Housing Authority Planned Development project East: PD, Villages 1 Cross Creek and Housing Authority project West: PD, Heritage Commons Planned Development project, phase 1 ZONING HISTORY: Heritage Commons was originally approved as a Planned Development by Alameda County in November, 1981. At that time, 309 attached residential units were approved. Phase One, originally approved for 79 units was developed with 73 units, after a Conditional Use Permit was processed and approved by the Dublin Planning Commission in October, 1983. Other phases were approved for 230 units which were never constructed. On March 27, 1989, the City Council approved PA 88-009, Heritage Commons Phase II, PD Planned Development Rezoning, Tentative Tract Map 5883 and Site Development Review to allow 206 apartment/condominiums, along with on site recreation facilities, on the remaining 16.41 acre Heritage Common site. On September 18, 1989, the Planning Commission approved PA 89-097, Conditional Use Permit to allow modifications to Heritage Commons Land Use and Development Plan and Site Development Review to allow modifications to the site plan, unit plans and the architecture. The Final Map for Tract 5883, which was renamed to Dublin Meadows, was recorded on April 30, 1990. APPLICABLE REGULATIONS: Section 8-1.2 of Chapter 1, Title 8 (Subdivision Ordinance Intent) states, in part, that it is the intent of this Chapter to promote the public health and safety, and general welfare; to assure in the division of land consistent with the policies of the General Plan and with the intent and provisions of the Zoning Ordinance; to coordinate lot design, street patterns, right-of-way, utilities and public facilities with community and neighborhood plans; to assure that areas dedicated for public purposes will be properly improved initially so as not to be a future burden upon the community; to preserve natural resources and prevent environmental damage; to maintain suitable standards to insure adequate, safe building sites; and, to prevent hazard to life and property. 2 - 002 Section 8-2.5 of the Subdivision regulations states that Conditions of Approval to tentative maps may include dedication and improvement of streets, alleys including access rights and abutter's rights, drainage, public utility easements and other public easements. Section 8-2.6 requires that a tentative map must be in conformance with the subdivision ordinance, zoning ordinance and any other ordinance of the City. ENVIRONMENTAL REVIEW: This project has been found to be categorically exempt under Section 15315, Class 15 of the California Environmental Quality Act guidelines. The project consists of the division of property zoned for residential use into four or fewer parcels in conformance with the General Plan and Zoning Ordinance. 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. BACKGROUND: The Dublin Meadows project, Tract 5883, was approved as a single lot subdivision, allowing 206 apartment/condominium units on the 16.41 acre site. This project was to be completed according to a phased occupancy plan. The project is now being sold by the present owners, and general contractors, JL Construction. The project is currently under construction, but none of the units have been completed or occupied. The new owners, Westworth Development, Inc. are proposing to keep this project consistent with the approved Site Development Review and Planned Development General Provisions approved for the project. The Applicant does not propose to modify the approved Building, Improvement, Fine Grading, Rough Grading, Erosion Control, Creek Improvement and Landscaping Plans. Westworth Development is, however, seeking approval of a new Tentative Tract Map (Exhibit A) for a minor lot split, dividing the 16.41 acre site into three separate parcels. The purpose of this is to 1) allow financing on each individual parcel and 2) to allow occupancy of the completed parcels prior to completion of the entire project. A final Tract Map will be prepared for each of the three new parcels. This would, in effect, separate the Dublin Meadows Phase II project into three individual subdivisions. ANALYSIS: Lot 1 of Tentative Tract 6335 will consist of 86 dwelling units, a recreation building, a pool, a tot lot, a tennis court, a sport court and a basketball court. Access to Lot 1 will be provided off of Amador Valley Boulevard. Lot 2 will consist of 88 dwelling units, a pool and a cabana. Access to Lot 2 will be provided from Stagecoach Road. Lot 3 will consist of 32 dwelling units. Access to Lot 3 will be provided via bridges across Alamo Creek to Lot 1 on the north and Lot 2 on the west. 3 r, U'J The bridges will complete a looped private road system through the site, providing the necessary public and emergency vehicle access as required by the Dougherty Regional Fire Authority. Appropriate cross-access easements are required to ensure the continued access of the private roadway by the residents of not only this development, but also the residents within the existing Heritage Commons project. The present application for Tentative Tract 6335 is relatively identical to Tentative Tract 5883; the only difference being that development will occur as three parcels instead of one. The original Conditions of Approval for Tentative Tract 5883 are still appropriate for the project, and will be applied to the development of Tentative Tract 6335. The main issue with Tentative Tract 6335 is the timing of the improvements required along Alamo Creek. This project requires substantial improvements along Alamo Creek. These improvements include stabilization of the bank, providing an appropriate Emergency Vehicle Access/Public Works Maintenance Road, and the completion of a pedestrian/bicycle path running through the site. The creek improvements are regulated by permits issued by Zone 7 and the California State Department of Fish and Game. Work is permitted during a specified period of time within a calendar year, usually April 15 through October 1. The Applicants have indicated that the creek improvements associated with this project will not be completed by October 1, 1990. Consequently, the earliest that work in the creek can resume is April 15, 1991. Staff typically requires all on-site and off-site improvements associated with a subdivision to be completed prior to releasing occupancy of any units. Occasionally, projects with approved phased occupancy plans, requiring only minor hand work to be finished, will be approved for occupancy. The required creek improvements for this project do not represent minor work. The Applicants are concerned that if occupancy of a parcel is not permitted until all the improvements associated with that parcel have been completed, specifically the creek improvements, then their project will be delayed until late April or May, at the very earliest. The Applicants contend that one of the primary reasons for seeking approval of this Tentative Tract Map (PA 90-055) for this parcel is to obtain occupancy of each finished parcel prior to the completion of the entire project. When Dublin Meadows was one large parcel, the intent was to complete the required creek improvements at the end of the project. Now that the parcel is being split, the improvements should be completed as each parcel is completed This presents a problem for the Applicants. Staff has prepared three alternatives to address the issue of occupancy and creek improvements. These are: 1. Require all improvements, on-site and off-site, associated with each parcel to be completed prior to the release of occupancy of any units within the associated parcel. a 064 Ifts 2. Allow the occupancy of the units to occur, and permit the construction of the creek improvements to be completed at a later date. The Developers would be required to post a bond for the creek improvements and formulate a document to include 1) a statement that work is to be done in the creek, 2) an approximate work schedule for completing the creek improvements and 3) the prospective owner/occupants signature acknowledging that they are aware of the construction of creek improvements and that they do not object to the associated inconvenience or impacts. 3. Hold occupancy on those units which immediately border the creek, until the creek improvements are completed. This would eliminate the most apparent conflict of residents and construction activity. A phased work plan could be developed to provide for the release of occupancy of units as the adjacent creek improvements are finished. Staff recommends utilizing Alternative #2, which the Public Works Department supports. Said document prepared by the developer would be required as part of a phased occupancy plan for the project, subject to review and approval of the Planning Department. Occupancy of completed units will not be granted without receipt of a signed document from each property owner/occupant. Approval of Alternative #2 would allow the Applicants the opportunity to receive occupancy approval of those lots which are completed prior to mid- April or May of 1991, when work in the creek can resume. Conditions are included as part of the resolution of approval to ensure that if different or separate developers become involved in this project, provisions are established to guarantee the common use of roadways/access, parking, recreational facilities, and all other appropriate on-site amenities. The establishment of a joint or common Homeowner's Association between the three lots is required to ensure the maintenance of common property. Said Association shall be specified within the projects Covenants, Conditions and Restrictions, subject to review and approval of the Public Works Director, City Attorney and Planning Director. This project was reviewed by other City Departments and affected agencies, and their comments have been incorporated into the Draft Resolution (Exhibit B). This project is consistent with the existing Zoning District and with the General Plan. An issue unrelated to the occupancy and creek improvements for the Dublin Meadows project is that of compliance with the previously approved Conditions of Approval. The Planning, Building and Public Works Department have received numerous complaints from the residents of the existing Heritage Commons residential neighborhood regarding JL Construction. Several of these residents have complained that the construction crews are beginning work before 7:30 a.m. and working after 6:00 p.m. This is in direct violation of the approved Conditions of Approval. 5- lit) This same problem was encountered when JL Construction was involved with the Amador Oaks project. This was resolved by requiring JL Construction to hire a private security guard to keep construction crews off the site until 7:30 a.m. The Building Department has issued a Warning Notice regarding this issue. Staff recommends that if this problem continues, and a citation is issued, a private security guard be required on-site at the Dublin Meadows project to monitor work hours. Staff recommends approving the Tentative Map application with the utilization of Alternative #2. This project may be ready for occupancy by the end of this year, or early in 1991. A delay of several months may be too costly for the Applicant. RECOMMENDATION: FORMAT: 1) Open public hearing and hear Staff presentation. 2) Take testimony from Applicant and the public. 3) Question Staff, Applicant and the public. 4) Close public hearing and deliberate. 5) Adopt resolution relating to PA 90-055 Dublin Meadows Tentative Tract Map, or give Staff and Applicant direction and continue the matter. ACTION: Staff recommends the Planning Commission adopt the draft resolution approving Tentative Tract Map (Exhibit B) relating to PA 90-055. ATTACHMENTS: Exhibit A: Project Plans Exhibit B: Draft resolution approving Tentative Tract Map 6335 Background Attachments: Attachment 1: Location Map Attachment 2: Applicant's Written Statement Attachment 3: City Council Resolution No. 33-89 approving Tentative Map for PA 88-009.2. AMADOR VALLEY BLVD--- +► �,/�—ti~� :?` 4`Li. J�.._ :• I -- -- -- ---- - - _=--- • . ' it-'AM I-- „... ,''k'.4/ . . . . ...--- t•l A �+ 1 TYPICAL 65TTREET SECTIONOP I _ E' � j �• !f`�•; ' , T er �, m.,n...... w.m Gycti •. 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A. - Q E� nr.TRACT NI5 IE•TRIPE LOT EWpYIIION ` — , w 1 ci �� .r �,�`� nir . •A �/�!•-'' • �'_ , .l +, POO COMOOYO•w PYOPOa...11.01nO011 MAY POl �..�..,....... �— L 7 I O r. I. 1,A 1` MULTIPLE PWAL YAPS MIAMI TO T105 TENTATIVE MAP. i _ ; :-........____h;t.--! , . .. vit c,r, tr: IN,iv. ,../ ,\\,00.. 1.,,,,, AU , . i -1 — . 4 re' ri)-'aN4' .--..... ::::.1..":”47.,..... ..... .• _ DUBLIN MEADOWS ''���� i �\ �;a� - TENTATIVE TRACT 6335 \" s\ LEfiEND A RESUBDIV ISION OF LOT I, \ D •' I • • \ SUBDIVISION 51153 RECORDED `\ � ,♦ IN BOOK 100 OF MAPS,PAGES 50-55 i-/J�;IA �\ •` r' `�. \ — _ 0*M ALAMEDA COUNTY RECORDS MONA I°Tl1�:r/- \1` I n'�"'R"` CITY OF DUBLIN 7 Ty \ \N.. ` 5 2••+ •E .....� ALAMEDA COUNTY, CALIFORNIA \ .'''S.,, `• /NN / a BISSELL& •CIVIL ENGINEERS •PLANNERS ..... 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"T a 3N n / 6 -- -+UVOZ I ,t � X...r� I •` _ ors -————--�, ----® -- _If f 4i J p I n ® ® (eoe Q U - P L� O) m t CO d N� CO fn 1—, o a SS , -- — - -T— t u O 14) a R> Q q O, Ld p uIN _ I. pBlu ' 0 � S AGI 90, 'f' 'L p @r ®6�/O>v's ,Oeo/=p ,6x rj IF�-,[V�j —:) [3 f -- ---T------ _ - — - — - - - - — --- -- - _ - .I v Q m, m— * ♦, � - - Jam. % ,, �-_ r - i + 41A , RESOLUTION NO. 90 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING TENTATIVE MAP 6335 CONCERNING PA 90-055 DUBLIN MEADOWS WHEREAS, Westworth Development Inc., on behalf of Dublin Meadow Partners has requested approval of Tentative Tract Map 6335 to replace the existing Tract 5883, Dublin Meadows, allowing the 16.41 acre site to be split into three separate parcels, with no change to the approved site layout or the number of units; and WHEREAS, the State of California Subdivision Map Act and the adopted City of Dublin Subdivision Regulations require that no real property may be divided into two or more parcels for purpose of sale, lease or financing unless a tentative map is acted upon, and a final map is approved consistent with the Subdivision Map Act and City of Dublin subdivision regulations; and WHEREAS, the Planning Commission held a public hearing to consider said Tentative Map request on August 6, 1990; and WHEREAS, proper public notice of this request was given in all respects as required by law for the Planning Commission hearings; 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 15315, Class 15 of CEQA; and WHEREAS, the Staff Report was submitted recommending the Planning Commission approve the Tentative Map subject to conditions prepared by Staff; and WHEREAS, the Planning Commission heard and considered all said reports, recommendations, written and oral testimony submitted at the public hearing as hereinabove setforth. NOW, THEREFORE, BE IT RESOLVED THAT THE Planning Commission does hereby find: 1. Tentative Map 6335, as modified, is consistent with the intent of applicable subdivision regulations and City Zoning and related ordinances. 2. Tentative Map 6335, as modified, is consistent with the City's General Plan as they apply to the subject property. 3. Tentative Map 6335 will not result in the creation of significant environmental impacts. 1 EXHIBIT r1 4. Tentative Map 6335 will not have substantial adverse effects on health or safety or be substantially detrimental to the public welfare, or be injurious to property or public improvements. 5. The site is physically suitable for the proposed development in that the site is indicated to be geologically satisfactory for the type of development proposed in locations as shown, provided the geological consultant's recommendations are followed; and the site is in a good location regarding public services and facilities. 6. The request is appropriate for the subject property in terms of being compatible to existing land uses in the area, will not overburden public services, and will facilitate the provision of housing of a type and cost that is desired, in the City of Dublin. 7. General site considerations, including unit layout, open space, topography, orientation and the location of future buildings, vehicular access, circulation and parking, setbacks and similar elements have been designated to provide a desirable environment for the development. 8. This project will not cause serious public health problems in that all necessary utilities are, or will be, required to be available and Zoning, Building and Subdivision Ordinances control the type of development and the operation of the uses to prevent health problems after development. NOW THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby approve Tentative Tract Map 6335 - PA 90-055 Dublin Meadows subject to the conditions listed below: 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. Except as specifically modified or elaborated upon by the Conditions of Approval listed below, development of the three parcel, 16.41 acre, 206 unit project shall conform to Conditions of Approval established by the following: A. City Council Resolution No. 33-89, Tentative Map for PA 88-009.2 (Attachment 3). B. City Council Resolution No. 32-89, establishing Planned Development General Provisions for PA 88-009.2 and Planning Commission Resolution No. 89-048, Conditional Use Permit for PA 89-097 modifying approved Land Use and Development Plan. C. Planning Commission Resolution No. 89-049, Site Development Review for PA 88-097 206 apartment/condominium units. The Applicant/Developer is required to fully comply with all conditions established by the related resolutions. -2- • 069 2. Except as specifically modified elsewhere in these conditions, development shall generally be consistent with the Tentative Tract Map 6335 prepared by Bissell & Karn, Inc. consisting of one (1) sheet and dated received June 29, 1990 (Exhibit A). 3. Improvements to Alamo Creek within and/or adjacent to each new lot shall generally conform to the following: A. The creek improvements surrounding Lot 1, and those across the creek from Lot 1 adjacent to the Dublin Housing Authority, will be the responsibility of Lot 1. B. The creek improvements surrounding Lot 2, as well as those adjacent to the existing Heritage Commons project, will be the responsibility of Lot 2. C. The creek improvements surrounding Lot 3, as well as those across the creek from Lot 3 (other than those surrounding Lot 2), will be the responsibility of Lot 3. If improvements to Alamo Creek are not completed prior to the release of occupancy, the developer shall be required to post a bond, the amount subject to determination by the Public Works Director, for the completion of the creek improvements. The creek improvements must be constructed before the Tract will be accepted as complete. 4. Prior to release of occupancy of the units adjacent to the creek, (if occupancy is proposed prior to the completion of the creek improvements), the developer shall prepare a document, for signature by the prospective owner/occupant, subject to review and approval by the Planning Director and City Attorney, containing the following information: A. A statement identifying the type and amount of work to be done in the creek. B. An approximate schedule identifying the progression of work within the creek, and the length of time to complete the required improvements. C. The proposed method of separating the construction activity from the completed and/or occupied portions of the project. D. An acknowledgement from the prospective owner/occupant that they are aware of the creek improvements to be completed, and that they do not object to the associated inconvenience or impacts. 5. If this project is to be phased, an approved phased occupancy plan must be submitted, subject to review and approval of the Public Works Director, the Fire Department and the Planning Director. All phsyical improvements shall be required to be in place prior to occupancy except for items specifically excluded in a Construction and Phased Occupancy Plan, or minor hand work items, approved by the Planning Department. Said occupancy plan must include information on the phased development of Public Access Roads, Emergency Vehicle Access/Public Works Maintenance -3- Roads, Landscaping and Creek Improvements. Said Phased Occupancy Plan shall be submitted to the Planning Department a minimum of 45 days prior to release of occupancy and shall include documents identified in Condition #4. 6. A Homeowners Association encompassing all three lots in this development shall be formed to ensure the maintenance of all common property, subject to review and approval of the Public Works Director, City Attorney and Planning Director. CC & R's for each lot shall be approved by the Planning Director. 7. The developer shall be responsible for the development and recordation of an appropriate agreement (subject to review and approval by the City Attorney) which assures provision of the vehicular/pedestrian/bicycle cross access, where such access facilities are common to Subdivision 4950 and 6335, prior to recordation of the Final Map for Lot 1. 8. In conformance with the requirements of DRFA, prior to the occupancy of more than 74 units on Lot 1 or Lot 2, two permanent forms of public vehicular access shall be provided. 9. Development shall comply with the City of Dublin Residential Security Requirements as established by City Ordinance No. 21-89 (attached). 10. All construction activity shall be limited to take place between the hours of 7:30 a.m. and 6:00 p.m., Monday through Friday, except as may be approved in advance in writing by the City Engineer. Weekend work in the vicinity of adjacent occupied residential units is prohibited. 11. A private security guard, or other appropriate measure, shall be required to monitor and enforce the hours of operation of construction crews, subject to review and approval of the Building Official and the Planning Director. 12. This approval shall be revocable for cause in accordance with Section 8- 90-3 of the Dublin Zoning Ordinance. 13. The approval of this Tentative Map shall expire in accordance with the regulations of Section 66452.6 of the Subdivision Map Act. PASSED, APPROVED AND ADOPTED this 6th day of August, 1990. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director -4- lii1 . . .- ..----, ".. / I '-II !ii-. :"':1hi :i c? • ...... $ „.,....c\••...,..-"..(te •'';.- D ' R .;!-,--1-LI-L.L111.11.1j , I - -•A . ,.., ‘‘,1 _ ,...-...'....=-a-.4, f:..,F,L.1--,E I.--f _1:-,tr.-•=-7-r-r-, r - ., -I. 4..,..,,-2; • , ,..• 4 •:-.7.--e----.±--N ,11%-,---,-----:‘•,,,L..Ly t ' .I. I.r'-:--J-Li..1_1- r 1.. 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F • / . • - .. ....!> '2...,, ;"-,''''1 Z•:;* , • r.1::\‘'.':.\--14..;-' 1..*. , '•U ID .,.....*S: r; 1 a .._ • -..7 ,-....___-- • ''•--------- ,H;;;;•' 1 r.l.z I.: ,-----If ,, -0 -A I r3 •; I' ....-.... / 7 • ,..IfFSPI C117 -tIMIT .......... .-.. 1. 7 e,C.c.' .: / ,$- J A PART OF TIIE ' r, !l..Q..4E! -. gp.A, CITY OF C.rr.I SANTINA • ...7-:"2-7". ZONING MAP - i:', 1_ THOMPSON.. . i 47 DUBLIN T1 ir.CITY OF • . . ,.. .; 'i DUBLIN • 01. 2 SEE SHEET 2L) * ATTACHMENT1 Project #9004069.10 BISSELL& KARN.INC. June 29, 1990 DUBLIN MEADOWS TRACT 6335 This project was originally approved as Tract 5883, Dublin Meadows. Westworth Development, Inc. is proposing to submit a new Tentative Tract Map for Tract 6335, with subsequent Final Tract Maps 6335, 6336 and 6337. The project will be phased as approved on Tract 5883. The project is under construction at this time per the City of Dublin Conditions of Approval for Tract 5883. Tract 6335 will not differ from these conditions. The project is being phased in separate Final Maps for California Department of Real Estate processing, and for Sales and Marketing purposes. 0i3 RECEIVED ATTA HMENT DUBLIN s ANNING RESOLUTION NO. 33 - 89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING TENTATIVE MAP 5883 CONCERNING PA 88-009.2 - HERITAGE COMMONS - CASDEN COMPANY WHEREAS, Casden Company requests approval to subdivide 17.45+ acres of land into a one lot subdivision creating a lot for multiple family residential (which is proposed for subsequent subdivision into residential condominium air-space units); and WHEREAS, The State of California Subdivision Map Act and the adopted City of Dublin Subdivision Regulations require that no real property may be divided into two or more parcels for the purpose of sale, lease or financing unless a tentative map is acted upon, and a final map is approved consistent with the Subdivision Map Act and City of Dublin subdivision regulations; and WHEREAS, the Planning Commission did hold public hearings on December 19, 1988, January 17, 1989 and February 21, 1989 and the Planning Commission adopted Resolution 89-009 recommending approval of PA 88-009.2; and WHEREAS, the City Council did hold a public hearing on said Tentative Map request on March 27, 1989; and WHEREAS, proper notice of said public hearings was given in all respects as required by law; and WHEREAS, the Staff Reports have been submitted recommending that the Tentative Map be approved subject to conditions prepared by Staff; and WHEREAS, the City Council did hear and consider all said reports and recommendations as hereinabove set forth; and WHEREAS, pursuant to State and City Environmental regulations, a Mitigated Negative Declaration of Environmental Significance has been previously adopted for the project (City Council Resolution No. 30-89); and WHEREAS, the City Council finds that the proposed Tentative Map will not have a significant environmental impact. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby find: 1. Tentative Map 5883, as modified, is consistent with the intent of applicable subdivision regulations and City Zoning and related ordinances. 2. Tentative Map 5883, as modified, is consistent with the City's 0 1 4 General Plan as it applies to the subject property. [PA88-009.2:Reso CC (TMap) 3/27] _1_ ATTAINMENT 3 /'N I'1 3. Tentative Map 5883 will not result in the creation of significant environmental impacts. 4. Tentative Map 5883 will not have substantial adverse effects on health or safety or be substantially detrimental to the public welfare, or be injurious to property or public improvements. 5. The site is physically suitable for the proposed development in that the site is indicated to be geologically satisfactory for the type of development proposed in locations as shown, provided the geological consultant's recommendations are followed; and the site is in a good location regarding public services and facilities. 6. The site is physically suitable for the proposed development in that the design and improvements are consistent with those of similar existing residential developments which have proven to be satisfactory. 7. The request is appropriate for the subject property in terms of being compatible to existing land uses in the area, will not overburden public services, and will facilitate the provision of housing of a type and cost that is desired, yet not readily available, in the City of Dublin. 8. General site considerations, including unit layout, open space, topography, orientation and the location of future buildings, vehicular access, circulation and parking, setbacks and similar elements have been designated to provide a desirable environment for the development. 9. This project will not cause serious public health problems in that all necessary utilities are, or will be, required to be available and Zoning, Building, and Subdivision Ordinances control the type of development and the operation of the uses to prevent health problems after development. BE IT FURTHER RESOLVED that the City Council approves Tentative Map 5883 - PA 88-009.2 subject to the conditions listed below: CONDITIONS OF APPROVAL Unless otherwise specified the following conditions shall be complied with prior to the recordation of the Final Map. Each item is subject to review and approval by the Planning Department unless othewise specified. GENERAL PROVISIONS 1. Approval of Tentative Map 5883 is subject to the subdivider securing final approval from the Dublin City Council for the Planned Development (PD) Rezoning request covering the subject property. Any modifications to the project design approved by the Planned Development (PD) Rezoning action shall supersede the design on the Tentative Map and shall be considered as an approved modification on the Tentative Map. Site Development Review approval for the project shall be secured prior to the recordation of the Final Map. [PA88-009.2:Reso CC (TMap) 3/27] 015 -2- n 2. Mitigation measures and monitoring program specified in City Council Resolutions 30-89 and 31-89 are made a part of these'Conditions of Approval. ALAMO CREEK 3. Provide bank stabilization along Alamo Creek. Detailed bank stabilization plans shall be reviewed by the City Engineer and approved by the Alameda County Flood Control and Water Conservation District (Zone 7). 4. Fencing (of a design acceptable to ACFC & WCD - Zone 7 and the City Engineer) shall be installed to the satisfaction of Zone 7 and the City Engineer along Alamo Creek prior to occupancy of any residential units in this project. 5. The maintenance road constructed for this project along the east side of the creek shall be paved for use as a possible future bike trail. The minimum pavement section shall be two (2) inches of asphalt concrete over 4 inches of base material. Soil's information and pavement design shall be submitted to the Public Works Department for further review. 6. Access to the Alamo Creek maintenance roads shall be available to emergency vehicles. Fencing and gates for access are subject to the approval of Zone 7. 7. Final creek stabilization and improvement plans are subject to review of soils report which might modify requirements for creek slope stabilization. ARCHAEOLOGY 8. If, during construction, archaeological remains are encountered, construction in the vicinity shall be halted, an archaeologist consulted, and the City Planning Department notified. If, in the opinion of the archaeologist, the remains are significant, measures, as may be required by the Planning Director, shall be taken to protect them. BONDS 9. Prior to release by the City Council of the performance and labor and materials securities: a. All improvements shall be installed as per the approved Improve- ment Plans and Specifications. b. All required landscaping along public streets shall be installed and established. c. An as-built landscaping plan for landscaping along public streets shall be prepared by a Landscape Architect, together with a declaration that the landscape installation is in conformance with the approved plans. [PA88-009.2:Reso CC (TMap) 3/27] V-3- 6 eS d. The following shall have been submitted to the City Engineer: 1) An as-built grading plan prepared by a registered Civil Engineer, including original ground surface elevations, as- graded ground surface elevations, lot drainage, and locations of all surface and subsurface drainage facilities. 2) A complete record, including location and elevation of all field density tests, and a summary of all field and laboratory tests. 3) A declaration by the project Geologist or Soils Engineer that all work was done in accordance with the recommen- dations contained in the soil and geologic investigation reports and specifications, and that continuous monitoring was performed by a representative of the Soils Engineer. 4) A declaration by the project Civil Engineer or Land Surveyor that the finished graded building pads are within + 0.1 feet in elevation of those shown on the grading plan (or to any approved modified grades). COVENANTS, CONDITIONS AND RESTRICTIONS 10. Covenants, Conditions and Restrictions (CC&R's) shall be established for the development. The CC&R's shall be approved by the Planning Director prior to the recordation of the Final Map. The CC&R's shall be reviewed and approved by the City to assure that: a. There is adequate provision for at least the maintenance, in good repair, of all commonly owned facilities, property and landscaping, including but not limited to open space, common parking and driveway areas, lighting, recreation facilities, landscape and irrigation facilities, fencing, exterior of all buildings, and drainage and erosion control improvements. b. Payment of dues and assessments shall be both a lien against the assessed land and a personal obligation of each property owner. An estimate of these costs shall be provided to each buyer prior to the time of purchase. c. The Association shall keep the City Planning Department informed of the current name, address and phone number of the Association's official representative. d. Payment of the water and street lighting bills (maintenance and energy) and maintenance and repair of storm drain lines, are the obligations of the Homeowners' Association, unless paid for through a Lighting and Landscape Maintenance Assessment District. [PA88-009.2:Reso CC (TMap) 3/27] 1 7 -4- r-s ems e. Each buyer is to sign an acknowledgement that he has read the Constitution and Bylaws of the Homeowners' Association and the Conditions, Covenants and Restrictions applying to the development. f. The Homeowners' Association shall contract with, or be advised (as to how to handle maintenance operations) by, a professional management firm. g. Parking of recreational vehicles or boats shall be prohibited, except in designated recreational vehicle parking spaces. h. The CC&R's shall include a statement outlining the obligations of the property owner to be responsible for public liability in case of injury in connection with public utility easements, and for mainentance of private vehicle access ways and utility trenches in public utility easements. They shall further be void of any mention of future dedication of the access way to the City as a public street. i. Restrict the recoloring, refinishing, or alteration of any part of the exterior or any building until the Owner or Declarant first obtains approval from the related City of Dublin Departments. DRAINAGE 11. Roof drains shall be tied into the storm drain system in a manner approved by the City Engineer. 12. A minimum of 12" diameter pipe shall be used for all public storm drains to ease maintenance and reduce potential blockage. 13. The improvement plans for Subdivision 4950 shall be examined by the Applicant's engineer to discover the actual location of the existing storm drain facilities extending from Subdivision 4950 across this property in a southerly direction to Alamo Creek. The facilities as shown on the tentative map are incorrect. 14. The existing storm drain facilities that are under the proposed buildings must be removed, relocated or building locations changed. Any change in building locations is subject to approval of the Planning Director. 15. All storm drain outfalls into Alamo Creek should be of an Alameda County SD-506 type structure or as specified by Zone 7. 16. Entire site, including Alamo Creek maintenance roads, must be graded to drain away from Alamo Creek. On-site storm drainage shall be collected and discharged to the creek as specified by Zone 7. [PA88-009.2:Reso CC (TMap) 3/27] 5 018 n n DEBRIS 17. Measures shall be taken to contain all trash, construction debris, and materials on-site until disposal off-site can be arranged. The developer shall be responsible for corrective measures at no expense to the City of Dublin. 18. The developer shall keep adjoining public streets and driveways free and clean of project dirt, mud, materials and debris, and clean-up shall be made during the contruction period, as determined by the City Engineer. EASEMENTS 19. Where the subdivider does not have easements, he shall acquire easements, and/or obtain rights-of-entry from the adjacent property owners for improvements required outside of the property. Original copies of the easements and/or rights-of-entry shall be in written form and shall be furnished to the City Engineer. 20. Permission shall be obtained from Alameda County for any encroachment into their property along the western property line. 21. Existing and proposed access and utility easements shall be submitted for review and approval by the City Engineer prior to the grading and improvement plan. These easements shall allow for practical vehicular and utility service access for all lots. 22. The developer shall be responsible for the development and recordation of an appropriate agreement (subject to review and approval by the City Attorney) which assures provision of the vehiclular/ pedestrian/bicycle cross access, where such access facilities are common to Subdivision 4950 and 5883. 23. Public utility easements shall be established for the electric distribution system and to provide for lines for the telephone company. FIRE 24. All materials and workmanship for fire hydrants, gated connections, and appurtenances thereto, necessary to provide water supply for fire protection, must be installed by the developer and conform to all requirements of the applicable provisions of the Standard Specifications of Dougherty Regional Fire Authority (DRFA). All such work will be subject to the joint field inspection of the City Engineer and DRFA. FRONTAGE IMPROVEMENTS 25. Amador Valley Boulevard is improved to 80-foot major arterial street standards. Any deficiencies in existing frontage improvements shall be corrected. New improvements shall be required to be installed by this development and shall include sidewalk, street monuments, street trees, landscaping along the frontage, and street restriping. [PA88-009.2:Reso CC (TMap) 3/27] t9 ^ 26. The sidewalk, landscaping and irrigation, along the project's Amador Valley Boulevard frontage shall be installed prior to the occupancy of any units in this project. Final design details shall be subject to review and approval by the Planning Department and City Engineer prior to installation. 27. Landscaping and irrigation plans for the project's frontage along Amador Valley Boulevard shall be submitted for review and approval by the Planning Department and City Engineer with the project landscape working drawings. 28. Improvements shall be made, by the applicant, along all streets within the development and as required off-site, to include curb, gutter, sidewalk, paving, drainage, and work on the existing paving, if necessary, from a structural or grade continuity standpoint. GRADING 29. Prior to commencement of construction of any structures, site grading shall conform with the recommendations of the project Soils Engineer, to the satisfaction of the City Engineer. A declaration by the Soils Engineer that he has supervised grading and that such conformance has occurred shall be submitted. 30. Prior to final preparation of the subgrade and placement of base materials, all underground utilities shall be installed and service connections stubbed out behind the sidewalk. Public utilities, Cable TV, sanitary sewers, and water lines shall be installed in a manner which will not disturb the street pavement, curb, gutter and sidewalk when future service connections or extensions are made. 31. The Applicant shall be aware of the fact that some conrete/asphalt rubble was placed deep in the fill for areas which were previously to be landscaped. If buildings are to be placed over this rubble, special foundations will be required by the City's Building Inspection Department, or the rubble must be removed. 32. Grading shall be completed in compliance with the construction grading plans and recommendations of the project Soils Engineer and/or Engineering Geologist, and the approved erosion and sedimentation control plan, and shall be done under the supervision of the project Soils Engineer and/or Engineering Geologist, who shall, upon its completion, submit a declaration to the City Engineer that all work was done in accordance with the recommendations contained in the soils and geologic investigation reports and the approved plans and specifica- tions. Inspections that will satisfy grading plan requirements shall be arranged with the City Engineer. 33. Any grading on adjacent properties will require written approval of those property owners affected. 34. Where soil or geologic conditions encountered in grading operations are different from that anticipated in the soil and geologic investigation report, or where such conditions warrant changes to the recommendations [PA88-009.2:Reso CC (TMap) 3/27] 7 • 0'0 contained in the original soil investigation, a revised soil or geologic report shall be submitted for review by the City Engineer. It shall be accompanied by an engineering and geological opinion as to the safety of the site from hazards of land slippage, erosion, settlement and seismic activity. 35. The developer and/or his representatives shall notify the State Department of Fish and Game, P.O. Box 47, Yountville, California 94599, of any construction activity proposed in conjunction with this project that may affect Alamo Creek in accordance with Sections 1601 and 1602 of the Fish and Game Code. A Streambed Alteration Agreement shall be secured by the developer from the Department of Fish and Game. HANDICAPPED ACCESS 36. Handicapped ramps and parking shall be provided as required by the State of California Title 24. IMPROVEMENT PLANS, AGREEMENTS AND SECURITIES 37. 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. 38. Provide documentation acceptable to the City for unrestricted use of Stagecoach Road by project residents and visitors. 39. Prior to recordation of the Final Map, improvement plans complete with all on and off-site improvements, grading plans, hydrology map (showing complete drainage area), hydrology and hydraulic calculations (proving adequacy of on and off-site drainage improvements) and engineer's estimate shall be approved by the City Engineer. Moreover, all improvements shall be bonded and all plan checking and inspection fees shall be paid. 40. Existing adjacent street improvements shall be inspected by the developer and a representative of the City to determine the existing condition of the improvements. Any damage caused by the construction of the work on this project shall be repaired to the satisfaction of the City Engineer prior to acceptance of the tract by the City Council. 41. Where the project improvements encroach on the Dublin Housing Authority lands, negotations shall be undertaken to obtain the right o improve those lands, or failing that, the project shall be moved away from the creek to insure no loss of improvement should there be creek bank failure. 42. Remove fence and repair improvements, including drain inlets, at the south end of Stagecoach Road to the satisfaction of the City Engineer. 43. The subdivider shall enter into an Improvement Agreement with the City for all public improvements. Complete improvement plans, specifications and calculations shall be submitted to, and approved by, the City Engineer and other affected agencies having jurisdiction over public [PA88-009.2:Reso CC (TMap) 3/27] -8- - 021 n improvements prior to execution of the Improvement Agreement. Improvement plans shall show the existing and proposed improvements along adjacent public street(s) and property that relate to the proposed improvements. All required securities, in an amount equal to 100% of the approved estimates of construction costs of improvements, and a labor and material security, equal to 50% of the construction costs, shall be submitted to, and approved by, the City and affected agencies having jurisdiction over public improvements, prior to execution of the Improvement Agreement. 44. The Sign Program utilized for this project shall reflect the City Engineer's direction regarding street name signs and regulatory signs and shall be reviewed as part of the Project Improvement Plans. 45. Prior to approval of the improvement plans by the City Engineer, the first sheet must be signed by an authorized representative of the Dougherty Regional Fire Authority to approve "equipment access and hydrant locations" and by an authorized representative of PC&E to approve "street light locations". PARK DEDICATION 46. Parkland shall be dedicated or in-lieu fees shall be paid, or a combination of both shall be provided prior to issuance of Building Permits or prior to recordation of the Final Map, whichever occurs first, in accordance with the Subdivision Ordinance. The parkland dedication required is approximately 1.854 acres (0.009 acres/dwelling units x number of dwelling units). In lieu fees are equal to the then current market value of one acre of the developable acreage of the area to be subdivided times parkland dedication requirement. Parkland dedication credit may be available for on-site recreational facilities. Preliminary calculations of dedication credit are 0.1333 acres. Final calculations on parkland dedication credit are subject to review and approval of the Planning Director and City Engineer based on final improvements site and landscaping plans. STREETS 47. The minimum uniform gradient shall be 1% on streets and parking areas and shall be 2% on soil drainage. The street surfacing shall be asphalt concrete paving, except as otherwise noted for the project entry off of Amador Valley Boulevard. The City Engineer shall review the project's Soils Engineer's structural design. The subdivider shall, at his sole expense, make tests of the soil over which the surfacing and base is to be constructed and furnish the test reports to the City Engineer. The subdivider's Soils Engineer shall determine a preliminary structural design of the road bed. After rough grading has been completed, the developer shall have soil tests performed to determine the final design of the road bed and parking areas. 48. An encroachment permit shall be secured from the City Engineer for any work done within the public right-of-way if this work is not covered under the improvement plans. [PA88-009.2:Reso CC (TMap) 3/27] ri g_ VC:fir n I'1 49. The striping and signing of internal roadways shall be subject to review and approval by the City Engineer as part of the Project Improvement Plans. Internal roadways shall be posted as private streets. Parking area striping and signing shall include small car, handicapped, and visitor parking information. Use of double parking space striping is encouraged. 50. A concrete band entry pavement treatment shall be supplied at the project entry off of Amador Vallely Boulevard to delineate a private street. The design, materials, dimensional layout, and traffic signing for the entry pavement areas shall be subject to review and approval by the City Engineer as part of the Project Improvement Plans and Site Development Review. 51. Street names shall be submitted and processed through the Planning Department and those approved names shall be indicatad on the Final Subdivision Map. 52. The Applicant shall submit a Private Vehicle Accessway Agreement for review and approval by the City Engineer, Planning Director and City Attorney prior to the framing inspection of any units in the project. The Agreement shall serve to establish a contract which will enable the City to provide specified maintenance service on the vehicle accessways in the event the Developer or the Homeowners' Association fails to so maintain them. This maintenance will be carried out at the Developer's or Homeowners' Association's expense. 53. The roadway alignment between the south edge of the main entry turn- around, a point approximately 100 feet south shall be adjusted to eliminate the offset at the first driveway intersection. 54. The roadway alignment at the eastern portion of Area 2 shall be modified to remove the compound curves. 55. The sidewalk along the east side of the main loop road shall be extended from the recreation center in Area 1 to Amador Valley Boulevard. UTILITIES 56. Electrical, gas, telephone, and Cable TV services, shall be provided underground to each building in accordance with the City policies and existing ordinances. All utilities shall be located and provided within public utility easements, sized to meet utility company standards, or in public streets. 57. Prior to approval of the grading and improvement plans, the developer shall furnish the City Engineer with a letter from Dublin San Ramon Services District (DSRSD) stating that the District has agreed to furnish water and sewer service to the development. 58. Secure DSRSD agreement to maintain the on-site sanitary sewer collection system excluding individual laterals. The system shall be designed as acceptable to DSRSD. [PA88-009.2:Reso CC (TMap) 3/27] - O Z 3 -10- 59. All utilities to and within the project shall be undargrounded. 60. Prior to final preparation of the subgrade and placement of base materials, all underground utility mains shall be installed and service connections stubbed out beyond curb lines, and the Public Works Department notified by each of the utility companies having facilities within the work area, that the utility installation has satisfactorily passed acceptance tests. Public utilities and sanitary sewers shall be installed in a manner which will not disturb the street pavement, curb, and gutter when future service connections or extensions are made. 61. All new and existing utilities that will remain in place must be located in an easement that is acceptable to the utility company and the City Engineer. WATER 62. Water facilities must be connected to the DSRSD system, and must be installed at the expense of the developer, in accordance with District standards and specifications. All material and workmanship for water mains, and appurtenances thereto, must conform with all of the requirements of the officially adopted Water Code of the Distict, and will be subject to field inspection by the District. 63. Any water well, cathodic protection well, or exploratory boring shown on the map, that is known to exist, is proposed or is located during the course of field operations, must be properly destroyed, backfilled, or maintained in accordance with applicable groundwater protection ordinances. Zone 7 should be contacted at (415) 443-9300 for additional information. 64. Comply with DSRSD, Public Works, requirements, particularly regarding: a. The elevation of the storm drain relative to the sewer lines. b. The location of the sewer man-holes. They shall be in parking or street areas accessible by District equipment. c. Dedication of sewer lines. d. Location and design of the water system values. MISCELLANEOUS 65. Copies of the project plans, indicating all lots, streets and drainage facilities, shall also be submitted at 1" — 400-ft. scale, and 1" — 200-ft. scale for City mapping purposes. 66. All construction activity at this site shall be limited to the hours between 7:30 a.m. and 6:00 p.m., Monday through Friday, except as may be approved in advance in writing by the City Engineer. A request for weekend work shall be limited to light equipment and hand work and shall be requested in writing no later than Wednesday prior to the proposed weekend work. [PA88-009.2:Reso CC (TMap) 3/27] A -11- °! /1 67. All construction traffic shall enter and leave the site directly from the Amador Valley Boulevard frontage; none is to use the existing Stagecoach Road access, except as may be approved in advance, in writing by the City Engineer. 68. The developer shall pay a traffic impact fee to be used for traffic facility improvements, as outlined in the City Traffic Engineer's (TJKM) memo of December 5, 1988. The fees are based on the project's proportional share of cumulative traffic impacts within the City of Dublin for traffic improvements identified in the City of Dublin General Plan and 1988-1993 Capital Improvement Program. Total fees shall not exceed $106,668 or $518 per dwelling unit. 69. Maintenance of common areas including ornamental landscaping, graded slopes, erosion control plantings and drainage, erosion and sediment control improvements, shall be the responsibility of the developer during construction stages, and until final improvements are accepted by the City, and the performance guarantee required is released; thereafter, maintenance shall be the resonsibility of a Homeowners' Association, which automatically collects maintenance assessments from each owner and makes the assessments a personal obligation of each owner and a lien against the assessed property. 70. There shall be compliance with DRFA requirements, Flood Control District requirements, and Public Works requirements. Written statements from each agency approving the plans over which it has jurisdiction shall be submitted to the Planning Department prior to issuance of Building Permits on lots of the subdivision or the installation of any improvements related to this project. 71. Unit address information and directories shall be provided to the satisfaction of the DRFA, Postal Services, and Dublin Planning and Building Departments. 72. Install street light standards and luminaries of the design, spacing and locations approved by the City Engineer. 73. The subdivider shall furnish and install street name signs, in accordance with the standards of the City of Dublin, bearing such names as are approved by the Planning Director. The subdivider shall furnish and install traffic safety signs in accordance with the standards of the City of Dublin. 74. Street trees, of at least a 15-gallon size, shall be planted along the public street frontages. Trees shall be planted in accordance with a planting plan, including tree varieties and locations, approved by the Planning Director. Trees planted within 6 feet of sidewalks or curbs shall be provided with root shields. 75. A current title report and copies of the recorded deeds of all parties having any record title interest in the property to be developed and, if necessary, copies of deeds for adjoining properties and easements thereto, shall be submitted at the time of submission of the grading and improvement plans to the City Engineer. (PA88-009.2:Reso CC (TMap) 3/27] 12 ti4) 76. Any relocation of improvements or public facilities shall be accomplished at no expense to the City. 77. Prior to filing of a condominium plan or offering a condominium unit for sale, the developer shall have completed the following: a. Recordation of the final map. b. Completion and final acceptance as complete by the City of all construction within the project to be offered for sale, including buildings, streets, parking and landscaping. PASSED, APPROVED AND ADOPTED this 27th day of March, 1989. AYES: Councilmembers Hegarty, Jeffrey, Vonheeder and Mayor Moffatt NOES: None ABSENT: Councilmember Snyder / c ) � /J`4 !1' 1�L / c Mayor, ATTE • y i\ i1.l wcit C. !�J[ City Clerk [PA88-009.2:Reso CC (TMap) 3/27] -13- CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: August 6, 1990 TO: Planning Commission FROM: Planning Staff PREPARED BY: Carol R. Cirelli, Associate Planner IV`� 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. S Applicant ITEM NO. Owner i1 • 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. ENVIRONMENTAL REVIEW: The proposed project has been found to be categorically exempt pursuant to the California Environmental Quality Act (CEQA) under Section -2- • 15301(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- eN 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- 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. Signs 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- 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 TJKM 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). -6- 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_ () C5 . l T ----- '� pp r(-r) OEK.AL HOLES t1 r K.m......R,1.....A. ill '> n i fa __ _ § N 41 II meson a,.,A..,A.,.„.. M. ) i I 1 1 i .H- , PAVING SPECIF'Call. J ESI II nnnn 1 Nil 1 r-- N., i 1/A11 ii _ _ _ _ I I1 i t. i I 114,r Q COT LIOATOO REfrrAr_.,Id, Vim/ Y \ F. [ — ''' I 1111 ' Cp I j�.:CO_ I .�.. 0 :pp �' Y I _ IW I...:Y 10H IV�s`ali�yE ' .win rt''. 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II it Enclosed Slide Slide Run—Out Sneaker Keeper 11111 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 a public hearing on said application on August 6, 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 because 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 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. 1 _ EXHIBIT cuP eN n 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. BE 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 subject 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; and the drive through as shown on the site plan, floor plan and elevations 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 the 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- 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 6th day of August, 1990. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director -3- \., x. - ...,,i-‘\:,"...-\\---`k\`\\\1.1.\<"'AA<----t---'4 "•-• i/ ,,, ‘ • r. \ .--A, /. >' s- :,..-\%',..-' . 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' ,, 1 . `.----. \'� . \ 0.4., , .,,,. •_... ._ __ . \ ..... . . _ ___ \ \ _ �� - _ - , i i ,.\ ,....,_ ----.- ZoQING/LO4 710,4 I'NAp ,, : ''' ,. , •...co , . % . j 1.1 I/ ATTACHl4EHT ,1, o .°° ==_ 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 a public hearing on said application on August 6, 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 because 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. 1 /XHIQIT G 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 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- 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- 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- 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 traffic impact fees as set forth in the resolution to be amended at the September 4, 1990 Planning Commission meeting. Grading and Drainage 19. A grading and drainage plan shall be submitted for review and approval by the City Engineer. 20. 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%). 21. 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. 22. 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. 23. 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 24. 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. 25. The Developer shall be responsible for correcting deficiencies in the existing frontage improvements to the satisfaction of the City Engineer. 26. Any relocation of improvements or public facilities shall be accomplished at no expense to the City. 27. An encroachment permit shall be secured from the City Engineer for any work done within the public right-of-way. -5- n n 28. 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. 29. All driveways shall have 5 foot flat flares. Miscellaneous 30. 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. 31. All construction shall be limited to take place between the hours of 7:30 a.m. and 6:00 p.m., Monday through Friday, except as may be approved in advance in writing by the City Engineer. 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" s 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. 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. -6- 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 6th day of August, 1990. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director -7- ATTACHMENT 01 Public Facilities to be Constructed with Traffic Impact Fees Cost Project Estimate 1. Dublin Boulevard widening between Dublin $1,345,000 and Village Parkway 2. I-580 Off Ramp at San Ramon Road $ 660,000 3. Dublin Boulevard Parallel Road $3,360,000 4. Signals at Village Parkway & Brighton Drive $ 285,000 and Village Parkway & Tamarack Drive 5. Dougherty Road Improvements $ 967,000 -8- 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 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 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 a public hearing on said application on August 6, 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. requires the developer to pay a traffic impact or mitigation fee to be used for traffic facility improvements; and WHEREAS, the Planning Commission has authorized a report setting forth the impacts of proposed development on traffic through the year 2010, which report is being prepared by TJKM, along with an analysis of the need of the public facilities and improvements required by future development; and WHEREAS, said report will set forth the relationship between the proposed development, the needed facilities and the estimated costs of the facilities; and - 1 - EXHIBIT .i-42 .,V c.. :e :-;'-t :?A.: 041.1 4< .z am - s v„ r:r ef3E s5 Aabr .. -. } WHEREAS, a noticed public hearing was held for purposes of considering adoption of this resolution; and WHEREAS, a noticed public hearing will be held on September 4, 1990, to consider the TJKM report and to amend this resolution to set forth the exact amount of the fee. 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 staff 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 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- f n Y 3 _ _. H. The TJKM report will be a detailed analysis of how public services will be affected by the proposed development, the existing deficiencies, 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 amounts to be determined at a public hearing to be held on September 4, 1990, by the method established in the TJKM report, 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 -3- F.i:. _.4 it art• .� .., 4 „ .. ... _. g. sir•:. r y:�,� .:s; . ... ox=at. ttrtttrt 4,4 .. s 443 • C43Ys 'F i3/; , S. 3.• lN. . c. _ ._ n 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. P. The fees imposed herein shall be effective 60 days following adoption of this resolution. PASSED, APPROVED AND ADOPTED this 6th day of August, 1990. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director -4-