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Home My WebLink About7/17/1989 PC Agenda • a,. 1 AGENDA CITY OF DUBLIN PLANNING COMMISSION Regular Meeting - Dublin Library Monday - 7:30 p.m. 7606 Amador Valley Blvd. , Meeting Room July 17, 1989 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE TO THE FLAG 4. ADDITIONS OR REVISIONS TO THE AGENDA 5. MINUTES OF PREVIOUS MEETING - June 19, 1989 and July 5, 1989 6. ORAL COMMUNICATION - At this time, members of the audience are permitted to address the Planning Commission on any item which is not on the Planning Commission agenda. Comments should not exceed 5 minutes. If any person feels that this is insufficient time to address his or her concern, that person should arrange with the Planning Director to have his or her particular concern placed on the agenda for a future meeting. 7 . WRITTEN COMMUNICATIONS 8. PUBLIC HEARINGS 8.1 PA 89-079 Jimmy O'Gil's Irish Pub Conditional Use Permit request to allow commercial recreation activity (dance floor) at 6991 Donlon Way 8.2 PA 89-072 Amador Auto Brokerage Conditional Use Permit request to establish a 6244 square foot auto brokerage use within an existing auto center, and to allow the use of five on-site parking spaces to display new cars located at 6032 Dougherty Road 8.3 PA 87-012 Donlan Canyon (Blaylock, Gleason & Fletcher) General Plan Amendment request to include approximately 197 acres of project site within the City's Primary Planning Area, to designate 19.1 acres for medium-high density residential, 13 acres for single-family residential and 164.9 acres for open space. Subsequent applications pending General Plan Amendment action will include Planned Development Prezoning, Subdivision and Annexation (continued from the July 5, 1989 meeting) 9. NEW OR UNFINISHED BUSINESS 10. OTHER BUSINESS 11. PLANNING COMMISSIONERS' CONCERNS 12. ADJOURNMENT (Over for Procedures Summary) r""‘ /'N DUBLIN PLANNING COMMISSION PROCEDURES SUMMARY WELCOME to the Dublin Planning Commission meeting. The Planning Commission is made up of five Dublin residents who have volunteered their services to the community. They were appointed by the Dublin City Council. The Planning Commission encourages and appreciates participation by Dublin residents. Regular meetings of the Planning Commission are held on the first and third Mondays of each month in the Dublin Library Meeting Room, 7606 Amador Valley Boulevard, Dublin. TIME: Planning Commission meetings begin at 7:30 p.m. No new public hearing item will begin after 10:30 p.m., and the meetings will be adjourned by 11:00 p.m., except under unusual circumstances where the Commission votes to hear the item or to extend the meeting for 30-minute increments. ITEMS NOT ON THE AGENDA: No action shall be taken on any item not appearing on the posted agenda unless: 1) the Planning Commission determines by majority vote that an emergency situation exists, as defined in the Government Code 2) the Planning Commission determines by a two-thirds vote, or by a unanimous vote if only three members are present, that the need to take action arose after the agenda was posted; or 3) the item was included in a posted agenda for a prior meeting held within five (5) calendar days and was continued to the current meeting. ORDER OF PRESENTATION: After the Chairperson opens the public hearing on an item, the order of presentation will be as follows: 1) Summary Presentation by Planning Staff 2) Questions by Planning Commission 3) Comments by Applicant 4) Comments by Others in Favor 5) Comments by Those in Opposition 6) Rebuttal by Applicant if Necessary 7) Additional Comments by Staff as Appropriate The hearing is then closed and the item turned over to the Commission for discussion and action. The audience is not permitted to make any further comments unless invited by the Planning Commission. PUBLIC COMMENTS UNDER ORAL COMMUNICATIONS: Any citizen desiring to speak on an item not scheduled on the agenda may do so under Oral Communications at the beginning of the meeting. After receiving recognition from the Chairperson, please state your name and address, then proceed with your comments. When an item not on the agenda is raised by a member of the public, the matter shall be deemed automatically referred to Staff unless the Planning Commission determines to take action as outlined in the section above entitled ITEMS NOT ON THE AGENDA. PUBLIC COMMENTS ON A HEARING ITEM: On a public hearing or other scheduled item, the Chairperson will ask the audience for its comments, first from those in favor, then from those in opposition. After receiving recognition from the Chairperson, please state your name and address, then proceed with your comments. The Planning Commission wants to hear all citizen concerns. Each new speaker is asked to be brief, add new information, and not repeat points which previous speakers have made. The Planning Commission is particularly interested in the specific reasons why the speaker is for or against an item. Applause and other demonstrations are prohibited during public hearings. Such demonstrations tend to intimidate those in the audience who may have valid but opposing viewpoints. The Chairperson maintains the discretion to request the use of Speaker Slips and to limit comments. Anyone who does not want to speak may write comments on the Speaker Slip and turn it into the Planning Commission while the public hearing is still open. SMOKING CONTROL: Please do not smoke during the Planning Commission meeting. ITEM WITHOUT APPLICANT: If the applicant or representative fails to attend the public hearing concerning their item, the Planning Commission may take action to deny, continue, or approve the item. The item may be considered for continuance upon receipt of written notification of the applicant's inability to attend the hearing. - - CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: July 17, 1989 TO: Planning Commission FROM: Planning Staff REPORT PREPARED BY: Maureen O'Halloran, Senior Planner /614 SUBJECT: PA 89-079 Jimmy O'Gil's Irish Pub Conditional Use Permit to expand the tavern/restaurant use to include a commercial recreation activity (dance floor) GENERAL INFORMATION: PROJECT: Conditional Use Permit request to expand tavern/restaurant to allow a commercial recreation activity (dance floor) at 6991 Donlon Way APPLICANT: James Kleimer 2709 Fountainhead San Ramon, CA 94583 PROPERTY OWNER: Amador Savings & Loan 530 Main Street Pleasanton, CA 94566 LOCATION: 6991 Donlon Way ASSESSOR PARCEL NUMBER: 941-1550-4 PARCEL SIZE: .54 acres GENERAL PLAN DESIGNATION: Retail/Office EXISTING ZONING AND LAND USE: PD, Planned Development Office Complex, Restaurant Bar SURROUNDING LAND USE AND ZONING: North: R-S-D-20 Multi-Family Residential Use South: PD, Office Complex East : PD, Restaurant West : C-1, Retail Commercial Center ZONING HISTORY: September 19, 1978: Alameda County Board of Supervisors approved PD, Planned Development 1362nd Zoning Unit permitting banks, savings and loan or restaurant uses on Sites A and B (APN 941-1550-4 and 941-1550- 3) , and permitting business, administrative and professional office uses on Site C (APN 941-1550-5) . November 20, 1978: Alameda County Planning Commission approved the preservation and restoration plan for the Green Store. April 5, 1982: Dublin City Council adopted Resolution No. 17-82 vacating a portion of Dublin Boulevard adjacent to Green Store. COPIES TO: Applicant Owner ITEM NO. 11141 File PA 89-079 November 22, 1982: Dublin City Council resolved Green Store modifications which were made contrary to planning conditions of approval and without building permits. August 30, 1983: Dublin Planning Director approved PA 82-032 freestanding sign for the site. January 25, 1988: City Council approved PA 87-127 for Planned Development Rezoning expanding the permitted uses for 11873 Dublin Boulevard, APN 941-1550-4. March, 1988: Planning Director approved Site Development Review for interior modification to the building. June 5, 1989: Planning Commission approved Conditional Use Permit for minor modification to a Planned Development to change medical office to professional office. APPLICABLE REGULATIONS: Section 8-94.0 states that conditional uses must be analyzed to determine: 1) whether or not the use is required by the public need; 2) whether or not the use will be properly related to other land uses, transportation and service facilities in the vicinity; 3) whether or not the use will materially affect the health or safety of persons residing or working in the vicinity; and 4) whether or not the use will be contrary to the specific intent clauses or peformance standards established for the district in which it is located. Section 8-94.4 states the approval of a Conditional Use Permit may be valid only for a specified term, and may be made contingent upon the acceptance and observance of specified conditions, including but not limited to the following matters: a) substantial conformity to approved plans and drawings; b) limitations on time of day for the conduct of specified activities; c) time period within which the approval shall be exercised and the proposed use brought into existence, failing which, the approval shall lapse and be void; d) guarantees as to compliance with the terms of the approval, including the posting of bond; e) compliance with requirements of other departments of the City/County Government. ENVIRONMENTAL REVIEW: Categorically Exempt, Class 1, Section 15301 - Existing facility involving negligible or no expansion of use beyond that previously existing. NOTIFICATION: Public Notice of the June 17, 1989, hearing was published in The Herald, mailed to adjacent property owners, and posted in public buildings. ANALYSIS: The Applicant is requesting approval of a Conditional Use Permit to allow dancing at Jimmy O'Gil's Irish Pub. The tavern/restaurant is located within a Planned Development District which permits restaurants and requires Conditional Use Permit approval for a tavern use. A Conditional Use Permit is required for the dance floor as an expansion of the tavern/restaurant use. Dancing is typically considered a commercial recreation use which requires approval of a Conditional Use Permit within the other commercial districts in Dublin. -2- The Applicant initially began operating the dance floor without benefit of a Conditional Use Permit or a Police Department Dance Permit. Upon notification by the Police Department, the Applicant ceased the dance activity, applied for a Conditional Use Permit and Police Dance Permit and was subsequently issued a temporary permit from the Police Department. The Applicant's request concerns the dance floor activity only. There is no new construction (interior or exterior) proposed under this application. The dance floor contains approximately 144+ square feet of floor area and is located within the bar/restaurant area of Jimmy O'Gil's Irish Pub. The hours of operation for the dance activity are from 9:30 p.m. - 1:30 a.m. , Friday and Saturday. Adequate on-site parking is provided as the project site which contains 29 on-site parking spaces is located adjacent to the Heritage office complex and shares a reciprocal ingress, egress and parking easement over the adjacent site. With approximately 483 parking spaces available in the center, the office hours typically do not extend beyond 9:00 p.m. , therefore the use does not adversely impact the availability of on-site parking. The dance activity use is consistent with the General Plan. As a commercial recreation activity in conjunction with the bar/restaurant use, the use is compatible with the office, retail and restaurant uses located within the vicinity. This application has been reviewed by the Planning, Building, Engineering, Police and Fire Departments. Conditions are provided within the draft Resolution of Approval, including restrictions on hours of operation, and parking lot lighting and removal of promotional banners displayed without approval of an Administrative Conditional Use Permit. If the Applicant wishes to continue display of outdoor promotional signage, the Applicant must obtain approval of an Administrative Conditional Use Permit. Staff recommends that the Planning Commission approve the Applicant's request for a Conditional Use Permit for dancing subject to the conditions identified in the draft Resolution of Approval. 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 89-079, or give Staff and Applicant direction and continue this matter. ACTION: Staff recommends the Planning Commission adopt the Resolution approving PA 89-079 Jimmy O'Gil's Irish Pub Conditional Use Permit ATTACHMENTS: Exhibit A: Floor Plan Exhibit B: Resolution of Approval Background Attachments: Attachment 1: Applicant's Written Statement and Application Attachment 2: Location Map -3- _IL L Y r 7fi�3: �i��' 1 kiill 1 !1• 11 ' `i! t II! 1 '1 1 ,1 ( ,•„' ., 7' 1 1 { , .v • I j1 11• . 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RESOLUTION NO. 89 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 89-079 JIMMY O'GIL'S IRISH PUB CONDITIONAL USE PERMIT TO EXPAND THE TAVERN/RESTAURANT USE TO ESTABLISH A COMMERCIAL RECREATION ACTIVITY (DANCE FLOOR) WITHIN THE EXISTING BAR/RESTAURANT AT 6991 DONLON WAY WHEREAS, James Kleimer, representing Jimmy O'Gil's Irish Pub filed an application for a Conditional Use Permit to expand the tavern/restaurant use to establish a commercial recreation activity (dance floor) in the existing bar/restaurant facility at 6991 Donlon Way; and WHEREAS, the Planned Development District requires approval of a Conditional Use Permit for tavern use and the Applicant is requesting to expand the tavern/restaurant use to include a dance floor (commercial recreation activity); 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, Class 1, Section 15301, existing facility involving negligible or no expansion of use beyond that previously existing; and WHEREAS, the Planning Commission held a public hearing on said application on July 17, 1989; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Staff Report was submitted recommending that the application be conditionally approved; and WHEREAS, the Planning Commission heard and considered all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: a. The use as proposed is required by the public need in that the use provides a recreational activity (dance floor) contributing to the diversity of recreational activities available within the City. b. The uses will be properly related to other land uses, and transportation and service facilities in the vicinity, as the use is located adjacent to a major office complex on a major arterial street. The proposed peak hour use of the dance floor is anticipated to be during late weekend evening hours (9:30 p.m. to 1:30 a.m.) rather than at normal peak office business hours, and therefore will not conflict with existing office uses in the surrounding office complex. c. The uses 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 uses will not be contrary to the specific intent clauses or performance standards established for the District in which it is located, as the proposed uses will be compatible with the adjoining uses. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby conditionally approve PA 89-079 Jimmy O'Gil's Irish Pub Conditional Use Permit to expand the tavern/restaurant use to allow a commercial recreation activity (dance floor) subject to the following conditions: 1EXHIBIT T3 FA 8`i-o-1ct 1. The dance floor area shall be restricted to the area as generally shown on the floor plan submitted with the application dated received by the Dublin Planning Department on June 16, 1989 (Exhibit A) . 2. The permit shall be valid for a period of two (2) years (July 27, 1991) . The approval period for the Conditional Use Permit may be extended three (3) additional years (Applicant must submit a written request for the extension prior to the expiration date of the Conditional Use Permit) by the Planning Director upon the Director's determination that the Conditions of Approval remain adequate to assure that the stated Findings will continue to be met. 3. No loudspeakers or amplified music shall be permitted outside the enclosed building. All activities associated with the proposed uses shall be conducted entirely within the subject building. 4. All activities shall be controlled so as not to create a nuisance to the surrounding businesses. 5. The Applicant shall comply with all applicable DRFA Fire Department and Dublin Police Department requirements. 6. The Applicant shall obtain a valid Dance Permit from the Dublin Police Department and shall submit to the Planning Department documentation that said permit has been obtained. 7. The Applicant shall submit to the Planning Department documentation that an Alcoholic Beverage License has been obtained from the State of California Department of Alcoholic Beverage Control. 8 . The Applicant shall comply with all applicable Police Department requirements including but not limited to the following: a. Applicant recognizes his/her responsibility to comply with Alcohol Beverage Control regulations, specifically, that intoxicated persons shall not be served alcoholic beverages. b. During all business hours the establishment is open to the public, all permits and licenses shall be posted and available for viewing by the Dublin Police Department. c. All live entertainment or other amplified sound must not be audible outside the structure of the establishment. d. The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. e. Exterior lighting shall be of a design and placement so as not to cause glare onto adjacent properties. f. The petitioner(s) shall be responsible for maintaining free of litter the area adjacent to the premises over which he has control. g. There shall be no pool tables or coin-operated games maintained upon the premises at any time. h. The northwest corner door shall remain closed at all times while dance activities are occurring. 9. Any modifications to exterior lighting or Conditions 8a-h shall be subject to review and approval of the Planning Department and Police Department. 10. Within five (5) days of the effective date of this permit approval, the Applicant shall remove all outdoor promotional signage displayed without prior Administrative Conditional Use Permit or Conditional Use Permit approval. 11. Prior to establishment of use, the Applicant shall submit to the Planning Director a letter verifying compliance with all conditions of approval. -2- 12. This Conditional Use Permit shall be void if any of the terms or conditions of the permit are violated. Any violations of the terms or conditions of the permit shall be subject to citation. 13. This permit shall be revocable for cause in accordance with Section 8- 90.7 of the Dublin Zoning Ordinance. PASSED, APPROVED AND ADOPTED this 17th day of July, 1989. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director -3- 63 Gi T G/At : r- /—��z �M 7 y G//s f yi .L 4 1 G aZq . ems cA/E.r_.r l-�C'2 J / o J� / �'v � — / /.D-t//6� J e-s - �S // — �z vS ,0 ✓-q,v /-7/0, urzf z C L ! � o o� /_ _,4 rr4Ci �J i JUN1b1989 ATTAC; TMENT, '.. I ./ CITY OF DUBLIN P.O. Box 2340 Dublin, CA 94568 Planning Department 6500 Dublin Blvd. Suite D Dublin CA 94568 (4 J 5) 829-4600 PLANNING APPLICATION FORM (415) 829-4916 Eff.: 1/84 .c.:,x~ 1... é;Xì Bo - 0 S c¡ (:;-..,. ',... I r1. { . /' ~ Fe:. 1/' fi( (f / ì,', f' ( It..·· (,-.f,j/ <::" -". ¡ :/ i"A".. : / - ,'- r,.i Notes to Applicant: * Please discuss your proposal with Staff prior to completing the Planning Application form. * All items related to your specific type of application must be completed. * Since this is a comprehensive application form, serre of the items might not apply to your specific application. * Please print or type legibly. * Attach additional sheets if necessary. d ~TSO <0\ t ¡¿, ~.THORIZATION OF PROPERTY OWNER , A. \ PROPERTY avNER: In signing this application; I, as property C1Nller, have full legal capacity to, and hereby do, authorize tr,e filing of this application. I understand. that conditions of approval are binding. I agree to be round by those conditions, subject only to the rJt::' q . to object a:: the hear. ings or during the appeal period. ~ d' _ Lc"'9,V Name: /1'//fJ>t:'Y¿- f"1?t~-v',-:>,4i.-·'i.ik 'p- Capacity: Property ()..me!:' ¡;:; tJ./..... ... / r:-- Address: v vA--' /q/i'/ ...::» k' (.'<=:-, DaytirL€ Phone: ( ) ¿þ~~,£-7i7' V". i IÂ, ( ) Signature: Date: ~ /bhF /?\ APPLICAi"J'T OTHER THAL"J PROPERTY Œ,'iNU: In signing this appÍicaÜon, I, as applicê...l1t, ~) represent to have obtained authorization of the property owner to file this application. I agree to be bound by conditions or approval, subject only to the right to object at the hearings on the application. If this application has not been signed by the property owner, I have attached separate docuræntation of full legal capacity to file this application and agreement to conditions or approval, subject only to tte right to object at the hearings or during the appeal period. . :-;-- Name : ;;::;:;/YJ ~T /¿" ¿ ¿ / M (Ç fL Capaci ty: /6+ "'" ~1'1 ï Daytirre Phone: (~l) ~? Y.r ¿y.. (o/Ij) Date: 6:/t~Ç 8-.33-Z6/J (~:.:>"/- c)// J Signature: II. CERTIFICATION, I certify that I have the authorization or the property ~Yner to file this applicatio~. I further certify that the information and exhibits submitted are true and correct. Name: Address: Capacity: Daytime Phone: Signature: Date: (OVER) ~4 . JUN 1 {j 1989 ~ ÐUBLlNp fY,¡ 00 -~NJNa 16 -1-0/9 " LL' J I ILL I L17pp ) • f 2, 7nt.g •a 'It Ij - I_r -—.%1 -119'.d,--;y\ I s ,I R ¢ D-20 C- R-S D\3 C 1 t 9' �b•1 'F 71 n,s, 11 $ e5 hi Y- ', 1.;U1 gbm5n Q ;'� s 2 It\20,4 C-O �s - r`�`'€ 01111111 .� < IlA L le ° I i,`V " " az ..,..• sil 10.'W ‘,i:' rc 1,uu aau7 , :R ii.S.P �� `h UI 79'NUM _ c O , /�lin c.<:•PD P_No• • /' at W1 a r,w-' a -PD -\1i' C-1 cclrne�-ure , ' ., v _ , rnas••I: i • ' y h 1 • ! D t •*",."Jr;A-..r rt',_,,144sp_.3n,-_0_,-,„,-.-4„_ii._--.g.-,,.1,a_N"c\4"I',iI#-%-4..4-.,,'. :.\.-... s g1� 0 ,T ' ♦� v 1 -D-20 a !, �,•.''$'�0% ,,,‘ 001 R.S',P 5A. S: C-1 1 ., 6. , ,,,,'.%.,„-,0,M•‘*...Cw 4-,1.:.1a\....-t-t1-T,3-L-_A-,.i..,P.1*,,,,ii i\ii- 1 44 e : r k `? C-1 M 1 i u —1.,A,',-c.---.-i- 0. r0,i n.G(Ad.7U•U•1 y. 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CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: July 17, 1989 TO: Planning Commission FROM: i, Planning Staff REPORT PREPARED BY: Rod Barger, Senior Planner SUBJECT: PA 89-072 Amador Auto Center Auto Brokerage Conditional Use Permit GENERAL INFORMATION: PROJECT: Conditional Use Permit request to establish a 6244+ square foot auto brokerage use within an existing auto center, and to allow the use of five on-site parking spaces to display and store autos for sale APPLICANT: Charles L. Gee P. 0. Box 7777 San Mateo, CA 94403 PROPERTY OWNER: Property Resources Inc. P. 0. Box 7777 San Mateo, CA 94403 LOCATION: 6032 Dougherty Road ASSESSOR PARCEL NUMBER: 941-205-41 PARCEL SIZE: 2 acres GENERAL PLAN DESIGNATION: Commercial Industrial - Retail/Office and Automotive EXISTING ZONING AND LAND USE: PD, Planned Development District, existing automotive center SURROUNDING LAND USE AND ZONING: North: Public storage use/PD, Planned Development District South: Auto Repair Facility/PD, Planned Development District East : Construction materials storage yard/PD, Planned Development District West : Office use/M-1, Light Industrial District ZONING HISTORY: On March 26, 1978, the Alameda County Zoning Administrator approved Conditional Use Permit C-2913 to allow a commercial recreation facility (bowling alley, snack bar and cocktail lounge) on the subject property, at that time in an M-1, Light Industrial District. On October 4, 1979, the Alameda County Board of Supervisors rezoned the subject property as part of a nine parcel 40+ acre rezoning study, placing it in the PD, Planned Development District. COPIES TO: Applicant Owner ITEM NO. • File PA 89-072 On December 15, 1986, the Dublin Planning Commission approved a Conditional Use Permit request for the proposed operation of an auto rental service in a 288+ square foot portion of the bowling alley (the area previously used as the pro-shop at the southeast corner of the structure). On May 18, 1987, the Dublin Planning Commission approved a Conditional Use Permit, Site Development Review and Tentative Map to remodel the existing 31,000+ square foot bowling alley and to construct two new single story buildings to allow auto and motorcycle related sales and repair uses with a proposed auto center. APPLICABLE REGULATIONS: The subject site is within a Planned Development District (1411th Zoning Unit) restricting land use to those uses permitted by the M-1 (Light Industrial) and C-2 (General Commercial) zoning districts. Planning Commission Resolution No. 87-036, the Conditional Use Permit approving the auto center on this site (PA 87-019) states in part through Condition of Approval #34 - with the exception of authorized motorcycle display, all demonstrations, displays, services, and other activities associated with the new structure shall be conducted entirely within an enclosed structure. Any additional car or motorcycle sales involving exterior display shall be reviewed under a separate Conditional Use Permit. Section 8-94.0 states that conditional uses must be analyzed to determine: 1) whether or not the use is required by the public need; 2) whether or not the use will be properly related to other land uses, transportation and service facilities in the vicinity; 3) whether or not the use will materially affect the health or safety of persons residing or working in the vicinity; and 4) whether or not the use will be contrary to the specific intent clauses or peformance standards established for the district in which it is located. Section 8-94.4 states the approval of a Conditional Use Permit may be valid only for a specified term, and may be made contingent upon the acceptance and observance of specified conditions, including but not limited to the following matters: a) substantial conformity to approved plans and drawings; b) limitations on time of day for the conduct of specified activities; c) time period within which the approval shall be exercised and the proposed use brought into existence, failing which, the approval shall lapse and be void; d) guarantees as to compliance with the terms of the approval, including the posting of bond; e) compliance with requirements of other departments of the City/County Government. ENVIRONMENTAL REVIEW: This project has been found to be Categorically Exempt from CEQA under Section 15301, Class 1 of the California Environmental Quality Act Guidelines NOTIFICATION: Public Notice of the July 17, 1989, hearing was published in The Herald, mailed to adjacent property owners, and posted in public buildings. ANALYSIS: This proposal involves a request for a Conditional Use Permit to establish a 6244 square foot auto brokerage facility within the existing Amador Auto Center located at 6032 Dougherty Road. This proposal must be processed through the Conditional Use Permit procedure because the Applicant is requesting that he be allowed to display a maximum of five (5) automobiles -2- within the parking lot of the subject site. Planning Commission Resolution No. 87-036 (the Resolution approving the construction and use of this auto center, adopted May 18, 1987) requires that a Conditional Use Permit be processed when considering uses involving automobile sales with exterior display of vehicles on the site. The subject site houses two buildings. One (Building B) contains 31,600+ square feet while the other (Building C) contains 3,000+ square feet. The Applicant proposes to locate his auto brokerage business (which includes the retail sale of new and used automobiles) in the larger of the two buildings. In order to determine whether it is appropriate to allow the exterior display and storage of five automobiles on this site, total on-site parking space requirements must be determined. For the purposes of calculating the number of required on-site parking spaces for this property, the following calculations are provided: Present number of on-site parking spaces available — 80 Number of Parking Floor Area Used to Determine Parking By Use Spaces Required Building B Proposed Auto Brokerage Sales area - 4126 sf a 600 — 7 Dublin Kawasaki Sales area - 4106 sf f 600 — 7 Dublin Kawasaki Service area - 1443 sf f 1000 — 1 Autohaus Service area - 1893 sf tr 1000 — 2 Goodyear Sales area - 775 sf f 300 — 3 Goodyear Service area - 2400 sf tr 1000 — 2 Unoccupied Retail Floor area — 10,258 — 48 Building C Autohaus Sales area - 1398 square feet = 300 — 5 Unoccupied Retail Floor area - 1398 = 300 — 5 80 Using the most restrictive applicable City parking requirements, are 80 parking spaces are required on this site. There are exactly 80 parking spaces available on the property. Although there are no additional parking spaces available for the exterior storage and display of the 5 automobiles proposed with this auto brokerage use, Staff recommends that the Applicant's request be approved for three years (to July 26, 1992) or until such time that the Planning Director determines that this activity causes parking availability problems on the site (whichever occurs first). Staff is making this recommendation because there are presently no parking problems on this site, and because the use is consistent with the intent of the land use criteria established for the site. If at any time during the effective period of this approval, the Planning Director finds that the exterior storage and display of automobiles associated with this use causes parking problems, the use (exterior parking and display of autos) shall cease immediately. Any additional outdoor storage and display of automobiles must be considered by the Planning Commission through the Conditional Use Permit process. The storage and display of these automobiles is to be limited to that portion of the site plan identified on Attachment 5. 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 request for PA 89-072, or give Staff and Applicant direction and continue the matter. -3- r` ACTION: Staff recommends the Planning Commission adopt the attached Resolution approving the Conditional Use Permit for PA 89-037. ATTACHMENTS: Exhibit A: Draft Resolution approving the Conditional Use Permit for PA 89-072 Background Attachments: Attachment 1: Applicant's Written Statement Attachment 2: Vicinity Map Attachment 3: Site Plan Attachment 4: Floor Plan Attachment 5: Staff Study Attachment 6: City of Dublin Police Services Standard Commercial Building Security Recommendations -4- RESOLUTION NO. 89 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 89-072 AMADOR AUTO CENTER AUTO BROKERAGE CONDITIONAL USE PERMIT REQUEST AT 6032 DOUGHERTY ROAD WHEREAS, Charles L. Gee filed an application for a Conditional Use Permit to establish a 6244 square foot auto brokerage use within an existing auto center, and to allow the use of five (5) parking spaces to display and store automobiles for sale; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and has been found to be categorically exempt; and WHEREAS, the Planning Commission held a public hearing on said application on July 17, 1989; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Staff Report was submitted recommending that the application be conditionally approved; and WHEREAS, the Planning Commission heard and considered all said reports, recommendations and testimony hereinabove set forth; and WHEREAS, the land use, if conditionally approved, is appropriate for the subject property in terms of being compatible to existing land uses in the area and will not overburden public services. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: a) The proposed auto brokerage facility along with the exterior storage and display of 5 vehicles will serve the public need by providing a wider range of auto sales services to the residents of the City. b) The use will be properly related to other land uses, and transportation and service facilities in the vicinity, as the proposed use will be compatible to said land uses, and transportation and service facilities when compared to the type and nature of operations typically found within this auto center facility. 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 they are to be located. BE IT FURTHER RESOLVED THAT THE Planning Commission does hereby conditionally approve PA 89-072 as shown by materials labeled Attachments 1-6 in the Planning Commission Staff Report dated July 10, 1989 on file with the Dublin Planning Department and subject to the following conditions: 1. This approval is for the establishment of a 6244 square foot auto brokerage use within the existing Amador Auto Center located at 6032 Dougherty Road, and to allow the use of five (5) on-site parking spaces to display and store vehicles for sale. A_1_ r"'s 2. This Conditional Use Permit shall be valid for a period of three (3) years until July 26, 1992, or until such time that the Planning Director determines that the exterior storage and display of automobiles in the parking lot causes parking availability problems on the subject site (whichever occurs first). In the event the Planning Director finds that the exterior storage and display of automobiles cause parking availability problems, the Applicant will be notified by the Planning Director that the exterior storage and display of automobile on this site must cease immediately. Any additional outdoor storage and display of automobiles will have to be considered by the Planning Commission through the Conditional Use Permit process. 3. It is recognized that in the event this auto brokerage use decides to discontinue the exterior display and storage of automobiles for sale on the site, and only display automobiles for sale within the building, the auto brokerage use may continue here indefinitely. 4. No more than five (5) automobiles shall be stored or displayed outside on the site by this business at any time. The exterior storage and display of the vehicles shall be limited to the location indicated in Attachment 5 of the Staff Report for PA 89-072. 5. The exterior display and storage of automobiles shall be limited to new cars only. No used automobiles shall be stored and displayed outside of the building at any time. 6. Signs used by this auto brokerage facility must comply with the standards established by the Sign Program created for this site. 7. Limited signage may be used to display autos for sale, subject to review and approval by the Planning Department. 8. No signs are to be placed on this site designating the use of any parking spaces solely for this auto brokerage facility. 9. All auto repair, maintenance and cleaning activities are to occur within the enclosed building. These activities shall not be carried out outside of the building at any time. 10. Failure to establish this use within one (1) year of the effective date of this permit will cause the permit to become null and void. 11. No loudspeakers or amplified music shall be permitted outside the enclosed building. All activities associated with the proposed use (except for the storage and display of a maximum of five new automobiles in the parking lot) shall be conducted entirely within the subject building. 12. The Applicant shall comply with all requirements of the Dublin Buliding Department. 13. Prior to establishment of the proposed use, the Applicant shall submit documentation that the requirements of the Dougherty Regional Fire Authority have been satisfied. 14. The Applicant shall comply with all applicable Dublin Police Services Standard Commercial Building Security Recommendations (Attachment 6). 15. Proper documentation as required by Dublin Police Department for all vehicles on the premises shall be maintained on-site and available for inspection. 16. Prior to establishment of this use, the Applicant shall submit to the Planning Department documentation that the appropriate State licenses/ permits have been obtained (i.e., dealer, retailer, resales). 17. This Conditional Use Permit shall be void if any of the terms or conditions of the permit are violated. Any violation of the terms or conditions of the permit shall be subject to citations. -2- 18. This permit shall be revocable for cause in accordance with Section 8- 90.3 of the Dublin Zoning Ordinance. PASSED, APPROVED AND ADOPTED this 17th day of July, 1989. AYES: NOES: ABSENT: Planning Commission Chairperson Planning Director -3- PRCJECT DESCRIPTION Auto^otive Brokerage Amador Square Automotive Center The proposed automotive brokerage will occupy 6, 244 square feet in Amador Square Automotive Center, 6032 Dougherty Road. Amador Square is a three building, 40, 000 square feet automotive/retail complex which includes such tenants as Goodyear, Dublin Kawasaki, Precision Tune and Autohaus . The automotive brokerage will consist of 4,265 square feet of automobile showroom including four small offices and a toilet and 1 , 979 square feet of automobile storage. Five exterior parking spaces will be reserved for display of new cars . Location of the automotive brokerage in the city of Dublin will generate substantial sales tax revenue for the City as well as meet the growing demand of the area. Costs to the City should be minimal to none . ATTACHMENT 1 p,:1Sq-o7,3, RRCEIVED JUN 6 1989 • N • k. . w I I G Z 0 I w CC I } cv • wI = o 1-03 F-I M ci / Sa am U Z )wpy ON A1t13H0110C1 m 0 a v _ Sys ) F ? Iii PA 8C1-0-7,9 RECEIVER- iv"- JUN 61989 DUBUN P1AN J1NG i ,I • ATIACliMENT � V _, — ,... . - il 0 ".., .. 7- ....... r ' 4.-,i.-. 1-1 aiu li I : > 3.1 z Li j 0 cr 0 cc 2 Li i 3° I ,..,.: ! , 4/ . I.i: A 4 k o• i 1 t 11 g 1 1 1P13i • i 3 L__... , . I 1: 1 Nil 1 :.•• I 1 it___ .--1_ - 1 I - ;-] • .1 . . -1 ..; 1 1. g...,0. - , pc• a 1/I • — ,' . . - 7i _H-'_ :, I 1 to I : N 4 I ..-, I ._< oco . , i 5 1 ill. I ..— t I 1 W.,\V u lu , . )9 Ati ———— VO I.i c.,'' — u u —————— u u u 1 i . _ ii u u ifu to !.r ' . I. ..• .! 0 _ i.,- .. , es/ 41, fl W I 1 1 t 1 C ii la3..?1 a 'WT. • - --------1-- 11 \ 61 , , 7 \ 0 1 • '7 •• 1 1 • ‘ .7e>(' • III A i al W ,- to' \ J •• g 1.:!2.2 -A0^! 32 . o ' wi3- \\ \ ws 11 „.? , \ .. ‘„ ..q. \ \ -.. ---- . , _ 0 • \ .. \ 0 ,- _ . .....— , • --- I , 1 rirellfrtri i _ 1 JUN 6 1989 4:1131 ,2 Dull' uN &mama .-.. • i , 1 A 0 ,1 V ( 12; (3 ) 4: 5, �) i7. Cr U yD1 1 I Ironic . • P A • �bryont � --AUTO BRONERAGE.- orchjtect A. t i� ��1 L./ ELECTRIC L ' 1 -_�-=' l_ _ .�w::. >..'B j- ( 174 SF' V AUTOHAUS (TENANT SPACE B7) TENAN SPACE BB 1893 SF c t .3803 SF STORAGE I-, J STORAGE Y (9999 SF NET) 14A]18F 19799F - - SERVICE II I DUB�IN KAW ASAKI / GOODYEAR Y (TENANT SPACE BA) r TOILET 1851 SF -(TENANT SPACE B1) 5244 SF IAMADOR II i" - • SQUARE SERVICE/STORAGE t , - - _ ' -J AUTOMOTIVE 4112 SF NET , PARTS CENTER OFFICE! OFFICE I. 468 SF NET TOIL . , OFFICEe . 424 SF NET I (OFFICE ABOVE)- 688 8F NET / I MEZZANINE ABOVE r :. OOFFICEOFFICE - t r '-. k 6000 DOUGHERTY RD. _ 1/ DUBLIN.CA LO ER8l TENANT SPA E B6 I .+ -AUTO BROKERAGE 3477 S' 1 - ---- (TENANT SPJ 2) (3374 SF N• I 6244 — - -- -- --- -- -- BUILDING B OFFICE MEN WOMEN � Jj'\i �� TENANT TOILE, TENANT SPACE B4 IMPROVEMENTS �UBLIN KA ASAKI� SHOWR ((TENANT S ACE B5) 3702 S II 6488 SF „,,,,, _1.6 seLesl , , .,• 714 SF NE) SAL S 3640 SR NET • I • g , i ,I- 1 { LNt/T T, AUTO BAOKEHAGE 3: ---.4....--1)I = \ ii, 6 i Ifs a. 20W Lc)M � 1 GROSS SF MEASURED FROM CENTERLINE /�, OF DEMISING WALLS TO EXTERIOR FACE -- TI-1 (\J�/I/\/ I NET snips . r.as-ea ( SF MEASURED FROM FACE OF FINISH «�ti .� I14:::: 1 I 1 1 TO FACE OF FINISH(INTERIOR FACE) A , E...________7 r____,, .IT __________-,-_-rn r____i 1 a, i , : ",LLB ! ( , .: I _ i � ton 1 I:. 7 aji l. I Ii L 1 "?._..J_i� �-. L! - __ _. .I�i x !Ie cvo. ft I:' ;I. ,..r p - �I i I ,I of ., .{ { f/y_/,0 C I i` Ptf _ - — , -- - -J LL ) . . ; oH mil - • 10iiiiIPIA.S.1 per U rAu' a�J • s — 1 T • l� rr ja .1E2 - - . 1 ,‹ 1 Sl!s t t ,� �.I i Wt i.: 1..: :.... __4 + I j . a'd in , I - • . IJ', , . II all— . . • I 1 — • E/ YC - , bvTERIOR c —.---1 . bispLAy . . . ;,•, . ,� . . • . , :, ,1i " . .. . ;H ... „,„„1.4, , I,ii .J .. , • „ \,.!, •,, •,,,,,-„. •_.• • , _ .„, 7j <5. , •. . , , „ : \ . \••.;... . ‘ ; ...v..° ....„ _ ,., ss % ,,,,.. ,, \„, ii, = ,., , . , , ..• • ,„„ . a • STAFF JUN 6 1989 I .1 IY 11 pUBLN INNING ATTAclimENT:s CITY OF DUBLIN POLICE SERVICES STANDARD COMEERCIAL BUILDING SECURITY RECCMalDATIONS I. DOORS All exterior dcors are to be constructed as follows: a) hood doors shall be of solid core construction, no less than 1-3/4 inches thick. b) Auxiliary locks are to be added to each door and shall be double cylinder, one inch, throw deadbolt or equivalent burglary resistant locks where permitted by the Building and Fire Coles. The cylinders are to be protected by cylinder ring guards so they cannot be gripped by pliers or other wrenching devices. c) In-swinging doors shall have rabbited jambs, or alternate means of strengthening. d) Exterior hinges shall have non-removable hinge pins. e) Exterior and interior garage out-swinging doors shall have non- removable, hidden or non-accessible hinge pins. f) Doors with glass panels and doors that have glass panels adjacent to the door frame shall be secured with ironwork or steel grills of at least 1/8th inch material or 2 inch mesh secured on the inside of the glazing. g) All exterior doors, excluding front doors, shall have a minimmun of 40 watt bulb over the outside of the door. Such bulb shall be i rected onto the door surfaces by reflectors. h) The strike is to be a wrought box strike, or equivalent. i) Sliding glass doors: All sliding glass doors shall be equipped with a locking device that shall engage the strike sufficiently to prevent its being disengaged by any possible movement of the door within the space or clearances provided for installation and op ration. The bolt and strike shall be reinforced by hardened material so as to prevent their separation by pulling, prying or similar attack. The locking device function may be operable by a keyed or coded lock inside and out as permitted by the Fire Department or Building Codes. Double sliding glass doors shall be locked at the meeting rail. II. WINDOWS A. All accessible rear and side glass windows shall be secured as follows_ 1) Any accessible window shall be secured on the inside with a locking device capable of withstanding prying or wrenching. 2) Louvered windows shall not be used within eight feet of ground level, adjacent structures, or fire escapes. DP 83-012 ATThCHMENT6 n B. Accessible-Transoms All exterior transoms exceeding 8" x 12" on the side and rear of any building or premise used for business purposes shall be protected by one of the following: 1) Outside iron bars of at least 1/8" material spaced no more than 2" apart. 2) Outside iron or steel grills of at least 1/8" material, but not more than 2" mesh. 3) The window barrier shall be secured with bolts, the rounded • . or flush head on the outside. 4) Wire hung glass with positive locking devices. III. ROOF OPENINGS A. All glass skylights on the roof of any building or premises used for business purposes shall be provided with: 1) Iron bars of at least 1/8" material spaced no more than 2" apart under the skylight and securely fastened as in B-3. 2) A steel grill of at least 1/8" material of 2" mesh under the skylight and securely fastened as in B-3. 3) Other skylight protection of approved design. B. All hatchway openings on the roof of any building or premises used for business purposes shall be secured as follows: 1) If the hatchway is of wooden material, it shall be covered on the inside with at least 16 guage sheet steel or its equivalent attached with screws at 6". 2) The hatchway shall be secured from the inside with a slidehar or slide bolts. The use of crossbar or padlock must be ' approved by the Fire Marshal. 3) Outside hinges on all hatchway openings'shall be provided with non-removable pins when using pin-type hinges. C. All air duct or air vent openings exceeding 8" x 12" on the roof or exterior walls of any building or prenise.used for business purposes shall be secured by covering the same with either of the following: 1) Iron bars of at least 1/2" round or 1" x 1/4" flat steel material, spaced no more than 5" apart and securely fastened as in II B-3. 2) A steel grill of at least 1/8" material of 2" mesh and securely fastened as in II B-3. CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: July 17, 1989 TO: Planning Commission FROM: Planning Staff REPORT PREPARED BY: Maureen O'Halloran, Senior Planner Mat SUBJECT: PA 87-012 Donlan Canyon (Blaylock, Gleason and Fletcher) General Plan Amendment and Environmental Impact Report GENERAL INFORMATION: PROJECT: General Plan Amendment request to include 197+ acre project site within the City's Primary Planning Area, to designate 19.1 acres for medium-high density residential, 13 acres for single-family residential and 164.9 acres for open space. Subsequent applications pending General Plan Amendment action will include Planned Development Prezoning, Subdivision and Annexation. APPLICANT: George E. Thomas Paragon Group Pacific Mutual Building 523 West Sixth Street, Suite 515 Los Angeles, CA 90014 PROPERTY OWNER: Mike Gleason P. 0. Box 107 Port Costa, CA 94569 LOCATION: North of Dublin Boulevard, West of Silvergate Drive in an unincorporated portion of Alameda County ASSESSOR PARCEL NUMBER: 941-018-03 and 941-018-04 PARCEL SIZE: 197+ acres GENERAL PLAN DESIGNATION: The project site is located within the City's Extended Planning Area, designated residential/open space EXISTING ZONING AND LAND USE: A, Agricultural/Grazing (Alameda County). Current land use grazing and construction yard SURROUNDING LAND USE AND ZONING: North: Agricultural/Grazing Land, Alameda County, Zoned A South: CalTrans Right-of-Way East : Valley Christian Center West : Agricultural/Grazing Land, Alameda County Zoned A COPIES TO: Applicant Owner Mark Trembley, EIP Chris Kinzel, TJKM ITEM NO. • File PA 87-012 APPLICABLE REGULATIONS: The Dublin General Plan establishes policies and standards to control land use and development within this area. ENVIRONMENTAL REVIEW: The City proposes to adopt an Environmental Impact Report (EIR) which finds the proposed project may have a significant adverse impact on the environment. NOTIFICATION: Public Notice of the June 19, 1989, hearing was published in The Herald, mailed to adjacent property owners, and posted in public buildings. ANALYSIS: This item was continued from the July 5, 1989 Planning Commission meeting at which the Commission directed Staff to prepare the appropriate resolutions recommending approval of the Donlan Canyon General Plan Amendment and Environmental Impact Report. At the July 5th Planning Commission meeting, the issue of the fire impact fee was discussed. Staff subsequently contacted Harold Ritter, Fire Chief of DRFA, to determine whether an additional mitigation measure was required to ensure the project developer's contribution to funding an additional fire station. Chief Ritter indicated the purpose of the fire impact fee is to fund construction of future fire stations. Since the fire impact fee mitigation is included in the FEIR, no additional mitigation related to future fire stations is required at this time. Attached to the Staff Report are three (3) draft resolutions of recommendation. The first resolution (Exhibit A) is the draft resolution making findings and recommending City Council certification of the Final EIR for Donlan Canyon. The second resolution (Exhibit B) is the draft resolution recommending City Council adoption of the Mitigation Monitoring Program for Donlan Canyon EIR. Additional mitigation is included in the EIR resolution and is addressed in the Monitoring Program restricting development, prohibiting grading and prohibiting tree removal within the woodland area located within the low density single-family residential area. The third resolution (Exhibit C) is the draft resolution recommending City Council adoption of the General Plan Amendment for the Donlan Canyon project site. 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 the resolutions relating to PA 87-012 Donlan Canyon GPA/EIR, or give Staff and Applicant direction and continue the matter. ACTION: Staff recommends the Planning Commission adopt the following draft resolutions 1) relating to Certification of the EIR (Exhibit A) ; 2) relating to approval of the Monitoring Program (Exhibit B) ; and 3) relating to approval of the General Plan Amendment (Exhibit C) . -2- ATTACHMENTS: Exhibit A: Environmental Impact Report Resolution Exhibit B: Monitoring Program Resolution Exhibit C: General Plan Amendment Resolution Background Attachments: Attachment B-1: Monitoring Program Attachment C-1: General Plan Amendment Map -3- RESOLUTION NO. 89 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN MAKING FINDINGS PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND RECOMMENDING THE CITY COUNCIL CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT, FOR PA 87-012 DONLAN CANYON GENERAL PLAN AMENDMENT WHEREAS, the Planning Commission held five public hearings on PA 87-012 Donlan Canyon General Plan Amendment and EIR on May 1 and 15, 1989, June 19, 1989, July 5, 1989, and July 17, 1989; and WHEREAS, the Planning Commission considered the written and oral testimony submitted at the public hearings; and WHEREAS, the Planning Commission received and reviewed the Staff analysis and recommendation on the environmental effects of Donlan Canyon (the "project"); and WHEREAS, the California Environmental Quality Act (CEQA), together with the State CEQA guidelines, require that certain projects be reviewed for environmental impact and that environmental documents be prepared; and WHEREAS, an Environmental Impact Report (EIR) on the project has been prepared pursuant to CEQA and the State CEQA guidelines; and WHEREAS, the Final EIR consists of the Draft EIR dated March 24, 1989 and Final EIR Responses to Comments on the Draft EIR dated June 15, 1989, which documents are incorporated herein by this reference. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find as follows: 1. The Planning Commission has reviewed and considered the Final EIR and hereby finds and certifies that the Final EIR has been completed in conformance with the California Environmental Quality Act, and the State EIR guidelines. 2. The Planning Commission hereby finds that there are significant adverse impacts which can be mitigated, avoided, or substantially lessened by changes or alterations required in or incorporated into the project, as follows: a. The General Plan Amendment would allow certain growth and land use changes and intensification in the project area. However, changes and intensification must be consistent with and conform with the land use designations and policies of the City's existing General Plan and the General Plan Amendments. b. Project construction could impact oak/bay woodland vegetation on site. However, mitigation measures will be incorporated into the development phase of the project which will reduce these impacts. Mitigation will include: i. Temporary fencing shall be provided during construction for those areas not to be graded. ii. Detailed tree survey/horticultural report, tree preservation study and tree replacement plan and revegetation plan shall be undertaken and recommendations implemented. iii. Grading study shall try to save as many trees as possible. Trees with trunk diameter greater than 6 inches shall be replaced with similar native species on a 3 to 1 basis. iv. Oak woodlands located within the proposed low density single family residential area shall be preserved as open space. PD Prezoning regulations and CC&R's shall restrict development, prohibit grading and prohibit tree removal. 1 A c. Project construction would disturb riparian habitat areas. However, impacts will be minimized in that the following mitigation will be implemented with project development: i. A new riparian habitat corridor as approved by the California Department of Fish & Game shall be created with minimum 20 to 40 feet width. ii. Revegetation with native species shall be undertaken within riparian habitat and graded areas. d. Project construction could impact wildlife with culverting the lower portion of Donlan Creek through proposed Lot 1 and removal of riparian and oak woodlands will reduce wildlife habitats and reduce availability of water for wildlife. However, the following mitigation will reduce this impact: i. Disturbed areas shall be revegetated. ii. An additional length of new habitat shall be established on the west side of Lot 1. e. Project construction could impact visual quality. However, the following mitigation will reduce this impact: i. Site specific visual impact study shall be undertaken and recommendation implemented. ii. A visual berm shall be incorporated to effectively screen views of single family area from I-580. iii. Mature trees shall be planted along visual berm to screen single-family residential and water tanks. iv. PD Prezoning regulations shall restrict development within areas of high visual constraints. f. Project construction could impact soils and geology conditions resulting in reactivation or initiation of slope instability with grading activities, landscaping and related irrigation associated with the proposed development. However, the following mitigation will reduce this impact: i. Project specific grading plans, detailed geotechnical reports and soils engineer recommendations concerning slides and other soils and geologic conditions shall be reviewed and implemented at the subdivision stage of the planning process. ii. All construction shall comply with Uniform Building Code. g. Project construction could increase flooding potential. However, the following mitigation minimize the impact to an insignificant level: i. A maintenance program for the culvert and upstream open creek shall be established. ii. A detention basin and on-site upstream, from the I-580 culvert shall be constructed. iii. Erosion and sediment control measures shall be implemented during construction. h. Project construction could increase fire risk. However, the impacts will be reduced by the following mitigation: i. The project development will incorporate mitigation measures. DRFA (Fire Department) requirements including non-combustible roofs, automatic fire suppression system. ii. Payment of fire impact fee as contribution to fund construction of future fire station. -2- i. Project construction could result in noise impacts. However, the following mitigation will reduce the impacts to an insignificant level: i. The proposed multi-family development shall comply to Title 25 requirements relating to noise insulation. ii. Construction work activities shall be limited to weekday daylight hours. j. Project development when combined with the cumulative impacts of other projects have the potential for decrease in the level of service (LOS) at Dublin Boulevard/San Ramon Road to LOS F and will impact the intersection of Dublin Boulevard and Silvergate drive. However, implementation of mitigation to widen the eastbound intersection to have two right turn lanes, two left turn lanes and two through lanes will minimize the potential impact and reduce LOS to an acceptable level. In addition, mitigation to redesign the Dublin Boulevard and Silvergate Drive intersection and to widen Dublin Boulevard will minimize the impacts. 3. The Planning Commission hereby finds that there are identified insignificant impacts, as follows: a. Development within the project site could impact parks, recreation, telephone, gas, electric and other utilities. However, the potential impacts are considered insignificant in that project specific mitigation will be established and implemented at subsequent levels of review. Additionally, costs for utilities will be borne by the developer and homeowner. b. Development in the project site would generate an increase in demand for water and sewer services. However, the capacity of the facilities are anticipated to be adequate to accommodate the increased demand so as to render the potential impacts insignificant. c. Development within the project site will generate an increase in school enrollment and a corresponding increase in school operating costs. However, the potential impact is considered insignificant in that the student increase is considered within the facilities capacity and State law allows school districts to impose development impact fees. d. Development of the project site will result in an insignificant impact to historic and archaeological resources in that there are no known historic or archaeological resources on the site. Additionally, mitigation will be implemented during the construction stage of development requiring construction activity to stop and retention of a qualified archaeologist to examine the site if archaeological material is encountered during the project construction. 4. The Planning Commission hereby finds that six (6) alternatives, as more fully set forth in the Final EIR, were considered and are found to be infeasible, for specific economic, social or other considerations, as follows: Alternative #1 - No Protect The "no project" alternative assumes that the site would remain in open space, allowing one dwelling unit on the site. The "no project" alternative fails to provide needed housing, along with the associated increase in property tax revenues, and is thus considered infeasible. Alternative #2 - Mitigation Alternative This alternative assumes 171 acres of proposed open space. Single family lots would be reduced to 6 due to visual constraints. Multi-family would remain as proposed. Public service impacts would be slightly reduced. -3- There would be a small reduction in traffic flow on proposed Hansen Hill Ranch site. This alternative is infeasible in that it would not meet the housing needs or associated tax revenue. Alternative #3 - Neighborhood Context This alternative assumes restrictions to development according to lot size, slope and biotic resources. The proposed 171 acres of open space would be eliminated as the entire 197 acre site would be open for development consideration. Only single family would be considered with a minimum lot size of 10,000 square feet. Allowable density would be 3.3 to 3.5 du/acre. Development would be scattered throughout the site on approximately 60 acres considered developable. Traffic generated would be less. There would be a decrease in continguous wildlife habitat, a decrease in visual quality. This alternative is infeasible in that it would not provide an adequate number of housing units and the associated increase in the property tax revenues. Alternative #4 - Single Family Low Density This alternative assumes single family development over the entire 197 acre site. Density range would be .5 to 2.8 DU/acre. The 171 acres of open space would be eliminated. Developable acreage would be similar to Alternative 3. Total number of units would range from 30 to 168. Impacts would be similar to neighborhood context alternative with exception of a decrease in visual impact due to reduction in number of units. This alternative is infeasible in that it would not meet housing needs or associated tax revenue. Alternative #5 - Medium Low Density Mutli-Family This alternative assumes multi-family on the site. A density of 6.1 to 8.0 DU/acre on 16 acres would be allowed resulting in 98 to 128 units. This alternative would result in slight decreases in traffic flow, noise, required public services. This alternative is infeasible in that it would not meet the housing needs or associated tax revenue. Alternative #6 - Medium Density Multi-Family This alternative assumes 6.1 to 14 DU/Acre on 16 acres with a unit yield of 98 to 224. Single family development would not be considered. Impacts would be similar to Alternative #5. This alternative is infeasible in that it would not meet the housing needs or property tax revenues. BE IT FURTHER RESOLVED THAT THE Planning Commission does hereby recommend the City Council certify that the Final EIR for General Plan Amendment PA 87- 012 Donlan Canyon is complete and adequate with the mitigation measures, stipulations and corrections, and recommends that the mitigation measures set forth in the Final EIR be incorporated in the implementation of the General Plan, as amended. PASSED, APPROVED AND ADOPTED this 17th day of July, 1989. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director -4- RESOLUTION NO. 89 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL ADOPTION OF A MITIGATION MONITORING PROGRAM FOR PA 87-012 DONLAN CANYON WHEREAS, Public Resources Code 21081.6 requires the City to adopt a reporting or monitoring program for changes in a project or conditions imposed to mitigate or avoid significant environmental effects in order to ensure compliance during project implementation; and WHEREAS, on July 17, 1989, the Planning Commission adopted Resolution No. making findings recommending City Council certification of the Donlan Canyon EIR as complete and adequate. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby recommend the City Council adopt the "Donlan Canyon Mitigation Monitoring Program" attached hereto as Attachment B-1 as the monitoring program required by Public Resources Code 21081.6. PASSED, APPROVED AND ADOPTED this 17th day of July, 1989. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director 15 'r Z'ros., T1il-Qs'1-0II_Vor►ta. Co.ikt4ak ReZp. PA 87-012 DONLAN CANYON EIR MITIGATION MONITORING PROGRAM JULY 5, 1989 The Applicant shall be responsible for any and all costs incurred in monitoring mitigation measures. For detailed information on impacts and mitigation measures refer to Donlan Canyon Environmental Impact Report. RESOURCE IMPACT MONITORING ACTION VERIFICATION Geology/ Slope Instability, 1. The developer submits 1. Planning Dept Soils landslides, expansive grading plans in con- with Public soils, quality of junction with T.Map Works Dept. artificial fill Planning application input (in terms of physical and chemical characteristics) 2. Prior to grading, 2. Public Works developer submits Department & specific soils report/ Building Dept geotechnical report and erosion control/main- tenance plan, with improvement plans. Grading permits will not be issued unless plans reflect recommendation of soils report/geotech- nical report, erosion control and maintenance plan. 3. Prior to grading the 3. Alameda Co. developer submits site Health Care safety plan for protection Services, of construction workers. Dept of (hydrocarbon contamination) Environmental Health with Public Works Dept. input. Hydrology Increased Flooding 1. Developer submits drainage 1. Public Works Potential plans/hydrology report in Department conjunction with T.Map application. Grading permits will not be issued unless plans reflect recom- mendation in hydrology report. TTACHMENT �- - RESOURCE IMPACT MONITORING ACTION VERIFICATION Hydrology 2. See #2 Monitoring Action 2. Public Works (cont'd) Geology/Soils erosion and Department sediment control plan submitted by Developer. 3. Developer obtains 3. State Dept of necessary permits for Fish & Game, work in creek areas. U.S. Army Corp of Engrs Vegetation/ Oak/Bay Woodland 1. The Developer submits 1. Planning Dept Wildlife riparian vegetation detailed tree survey/ with input wildlife horticultural report, from Public tree preservation study, Works and landscape plan, tree Dept of Fish replacement plan and and Game revised habitat revege- tation in conjunction with T.Map and Prezoning Planning Application. 2. Qualified biologist con- 2. Planning Dept ducts a systematic with input inventory of site to from US Dept determine presence of of Fish and San Joaquin kit fox. Wildlife City hires biologist, developer funds cost. 3. Prior to grading, the 3. Public Works developer submits plan for Dept. with temporary fencing around input from areas not to be graded to Planning Dept protect riparian or oak/bay woodland area not intended for grading or construction. 4. The Developer, in conjunc- 4. Planning Dept tion with T.Map and Prezoning with input application submits specific from Public proposal for dedication and Works Dept maintenance of open space area, or include in CC&R's and dedicate scenic easement. -2- RESOURCE IMPACT MONITORING ACTION VERIFICATION Vegetation/ 5. Developer submits PD 5. Planning Dept Wildlife Pre-zoning regulations with input (cont' d) restricting development, from Public prohibiting grading, and Works Dept. tree removal within the woodland area located within the proposed low density single-family residential area and/or includes restrictions in CC&R's. Aesthetics/ Unit Visability 1. Developer submits site 1. Planning Dept Visual Quality I-580/I-680 specific visual impact study in conjunction w/T.Map and Prezoning application. 2. Developer submits 2. Public Works revised grading plan with Planning with T.Map application. Dept input 3. Developer submits PD regu- 3. Planning Dept lations restricting with Public development on portions of Works input site having "high" visual constraints. 4. Developer submits prelim- 4. Planning Dept inary landscape plan in conjunction with T.Map and Prezoning application. Public Service Fire, Police 1. Developer submits prelim- 1. Planning Dept Security inary landscape plans incor- with DRFA porating fire resistant input plants in conjunction with T.Map and Prezoning application. 2. Developer submits plans in 2. DRFA, Building compliance with Fire and Dept. Planning Building code regulations in Dept. , and conjunction with T.Map and Public Works prior to issuance of building Department permits including fire proof roofing, automatic fire suppression system, and main- tenance and emergency access to open space. -3- RESOURCE IMPACT MONITORING ACTION VERIFICATION Public 3. Prior to final inspection 3. Dublin Police Service the Developer complies Dept. and (cont'd) with Police security Building Dept requirements 4. Developer pays fire impact 4. DRFA fee per unit and per square footage of non-dwelling unit buildings as contribu- tion to further fire station needs. Parks 1. Developer complies with 1. Public Works subdivision ordinance and Planning requirements for parkland Departments dedication or park in-lieu fee prior to Final Map. 2. Developer submits proposal 2. Recreation for public access to open Dept and space and dedication of open Planning space at the subdivision and Department prezoning stage. Traffic/ Dublin Boulevard/ 1. Developer constructs 1. Public Works Circulation San Ramon Road improvements or contri- Department intersection; butes share of cost with input Dublin Boulevard/ of improvement prior to from traffic Silvergate Final Map. consultant intersection Noise Generated by I-580 1. Developer submits site 1. Building Dept specific acoustical with input analysis study in con- from Planning junction with Site Department Development Review application, complies with recommendations during building permit and con- struction stage. Developer installs soundwalls and/or sound deading windows and walls, if necessary. -4- RESOLUTION NO. 89 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL ADOPTION OF GENERAL PLAN AMENDMENTS FOR PA 87-012 DONLAN CANYON WHEREAS, the Donlan Canyon Associates/Paragon Group have requested a General Plan Amendment Study to designate 197+ acres currently in the unincorporated portion of Alameda County, within the City of Dublin's Primary Planning Area as low-density single-famliy residential, medium-high density residential and open space stream corridor land use designations; and WHEREAS, on October 3, 1986, the City Council authorized a General Plan Amendment Study for the Donlan Canyon property; and WHEREAS, pursuant to the provisions of State Planning and Zoning Law, it is the function and duty of the Planning Commission of the City of Dublin to review and recommend action on proposed amendments to the City's General Plan; and WHEREAS, the Planning Commission held five (5) noticed public hearings on the Donlan Canyon General Plan Amendment/Environmental Impact Report planning applications on May 1, 1989; May 15, 1989; June 19, 1989; July 5, 1989; and July 17, 1989 and two noticed field trips on February 27, 1988 and May 13, 1989; and WHEREAS, notice of Planning Commission public hearings was published in the Herald, posted in public buildings, and mailed to property owners within 300 feet of the project in accordance with California State Law; and WHEREAS, the Staff analysis was submitted recommending amendments to the General Plan relating to General Plan Land Use Designation and Density and the Primary Planning Area; and WHEREAS, the General Plan Amendment has been reviewed in accordance with the provisions of the California Environmental Quality Act; and WHEREAS, an Environmental Impact Report (EIR) has been prepared pursuant to CEQA; and WHEREAS, a Staff analysis of the Applicant's proposal was submitted to the Planning Commission; and WHEREAS, the Planning Commission considered all written and oral testimony submitted at the public hearings; and WHEREAS, on July 17, 1989, the Planning Commission adopted Resolution No. making findings recommending City Council certification of the Donlan Canyon EIR as adequate and complete. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: - Utilities and public safety services will be provided at urban standards without financial burden to Dublin residents and businesses. - Proposed site grading and means of access will not disfigure the ridge lands. - Timing of development will not result in premature termination of viable agricultural operations on adjoining lands. - The fiscal impact of new residential development in the Extended Planning Area supports itself and does not draw upon and dilute the fiscal base of the remainder of the City. 1- GPA Rem , 'FR87-0(2."Pon(aa&CA+tYdvi BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby recommend the City Council approve the following General Plan Amendments for PA 87-012 Donlan Canyon: 1. Amend Figure 1 Dublin General Plan Primary Planning Area to include the entire Donlan Canyon site (APN 941-018-03 and APN 941-018-04) within the Primary Planning Area. 2. Amend the land use designation on the Donlan Canyon site as noted on Attachment C-1 to include: 164. 9+ acres Open Space; Stream Corridor 13+ acres Low Density Single Family Residential (0.5 to 3.8 DU/Acre) 19. 1+ acres Medium High Density Residential (14.1 to 25 DU/Acre) 3. Amend Table 1, Development Policies for Residential sites, page 8 and Figure 4 sites for Housing Development page 9 adding the Donlan Canyon General Plan Amendment site. BE IT FURTHER RESOLVED THAT THE Planning Commission does hereby recommend the City Council direct the Staff to edit, format and print the up-to-date Dublin General Plan with all approved revisions. BE IT FURTHER RESOLVED THAT THE Planning Commission does hereby recommend the City Council direct that the Applicant is responsible for all costs the City incurs in providing an up-to-date Dublin General Plan resulting from the adoption of PA 87-012 Donlan Canyon General Plan Amendment. PASSED, APPROVED AND ADOPTED this 17th day of July, 1989. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director -2- 1 �;.•;- _: • GENERAL PLAN • �"�- 1 1` - AMENDMENT MAP � - • _.� TRACT NO. 59261"1 I ''' 'l �L�_ : {`r' DONLAN CANYON F"'�LAALIRCA r -1 - • DON1JVICA I'KAI lCSOCIAIEr; a . �' - �_ _ i : -.:-_._;_:-;�,,� `:- . ` l ' 17 S NGLE FAIIILY LUTS •�- _ - -:�. - �� i ....._:ti.- _ 1 --._.._ ALIQUOT S f + 4, _ \ fps t;r:` 13.0 ACRES •�_ �`� �'' "§Sfjk ffi1 1.3 UNITS/ ACRE u» oLYMr�C nao, we.Lrmr Gr[CK,C..Y1:16 i y,` �- O mac a• • - y; ;.t • OPEN SPACE/ I'A RK LAND • s; s.= • 1G4,9 ACRES t `^-.•..g .- - .•• •"—•;i y?�\ c ..-•• 171 ACRES INCLUDING GRADED AREAS, �� ^"' "may _ � . � -L• •d..y \_ _- �n� • 7-A • 1' . .... .1 .:.. • • 1:•••••:-:•,-:•-•-•••'"' --,"-:?-1.1f.5••••:-..,•!.....‘ , ••••,- •_. ;. '�'+ _ .,.0 _.. -`Y*.-�- 1 , , 300 CUt1U011It1IUM/ APART MEN T UNITS „. ... ,'�, bs. ••�� 19,1 ACRES ;. i' -> .-. . N t-: ._ . .1 .. _ _�;`_ 15.7 UNITS/ ACRE . • - SCALE.1'. 400 .E 1 -.;..• L ,�. ,. •y:i •i�'� _te o iv 000 J r I')y_�� T • n.41 i'='1d••....' RE ,CEI ,M, D n ,111N 1. 7 1909