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HomeMy WebLinkAboutPC Reso 91-037 PA 91-026 Two Pesos Drive Thru, outdoor Improvements 1 RESOLUTION NO. 91 - 037 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 91-026 TWO PESOS' SITE DEVELOPMENT REVIEW APPLICATION FOR THE ADDITION OF A DRIVE-THRU WINDOW, AN OUTDOOR SEATING AREA AND CONSTRUCTION OF EXTERIOR AND ON-SITE IMPROVEMENTS TO AN EXISTING RESTAURANT AT 6568 VILLAGE PARKWAY WHEREAS, Mohammed K. Munif, on behalf of Two Pesos Restaurant, filed a Conditional Use Permit and Site Development Review application requesting approval for the addition of a drive-thru window, an outdoor seating area and construction of interior, exterior, and on- site improvements to an existing restaurant located at 6568 Village Parkway; and WHEREAS, the Planning Commission did hold a public hearing on said application on August 5, 1991; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and was found to be Categorically Exempt under Section 15301, Class 1 (a)(e) of the State CEQA Guidelines in that the project will consist of minor additions to an existing private structure; and WHEREAS, the Staff Report was submitted recommending that the application be 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 that: A. All provisions of Section 8-95.0 through 8-95.8, Site Development Review, of the Zoning Ordinance are complied with. B. Consistent with Section 8-95.0, this 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. 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, - 1 - 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 91-026 Site Development Review as shown on Exhibit A, stamped approved and on file with the Dublin Planning Department 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 permits or establishment of use, and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval. [PL1 Planning, fBl Building, [PO1 Police. IPwl Public Works. (ADM] Administration, (FIN1 Finance, jF1 Dougherty Regional Fire Authority, [DSR1 Dublin San Ramon Services District. [Col Alameda County Department of Environmental Health. 1. Except as specifically modified elsewhere, PA 91-026 Site Development Review is approved for the construction of a drive-thru window, modifications to the outdoor seating area, neon accent tubing and other exterior and on-site improvements, and landscaping at 6568 Village Parkway. This approval shall generally conform to the site plan, floor plan, elevations, and preliminary landscape plans prepared by Michael S. Johnstone, AIA, dated received July 26, 1991 (Exhibit A). [PL] 2. Prior to issuance of building permits, development of the proposed project drive-thru addition at 6568 Village Parkway shall be subject to a traffic impact fee. The Applicant shall deposit a traffic impact fee of $13,679.00 in cash to the City of Dublin. The ultimate traffic impact fee to be imposed on the project shall be determined once a new traffic study, which depicts daily traffic counts for the drive-thru addition, is taken, no sooner than six to nine months after occupancy of the new drive-thru addition is complete. [PL, B, PW, FIN] - 2 - 3. The new traffic study, depicting daily traffic counts at the drive-thru, taken at least six to nine months after occupancy or operation of the drive-thru addition, shall be performed by TJKM. All costs incurred as a result of the additional study (including traffic study, consultant time and staff time) shall be borne by the Applicant. The percentage increase in traffic shall be deemed to be due to the addition of the drive-thru and that percentage shall be used to calculate the final amount of the traffic impact fee, based on the formula for calculating the fee set forth in the memorandum from TJKM to the City of Dublin, dated June 21, 1991. If the final amount of the fee is less than the amount deposited, the difference together with accrued interest shall be returned to the Applicant. If the final amount of the fee is greater than the amount deposited, the Applicant shall be required to pay an additional fee amount. [PL, PW, FIN] 4. The Applicant shall comply with the City of Dublin Site Development Review standard conditions and the City of Dublin Non- Residential Security Requirements (Attached). [PL, PO, B] Architectural 5. Exterior colors and materials for the exterior building modifications shall be subject to final review and approval by the Planning Director. 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 enclosure for trash containers shall be screened with materials architecturally compatible with the materials of the existing structure and shall be subject to Planning Director review and approval. A colors and materials sample board shall be submitted prior to issuance of building permits. [PL] Debris/Dust/Construction Activity 6. Measures shall be taken to contain all trash, construction debris, and materials on-site until disposal off-site can be arranged. The Applicant shall keep adjoining public streets free and clean of project dirt, mud, and materials during the construction period. The Applicant shall be responsible for corrective measures at no expense to the City of Dublin. Areas undergoing grading, and all other construction activities, shall be watered, or other dust palliative measures used, to prevent dust, as conditions warrant. [PW, B, PL] 7. The design of the trash enclosure shall reflect dimensional criteria deemed acceptable by the Livermore Dublin Disposal Service, and shall incorporate use of a 10' x 10' concrete apron in front to facilitate the District'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 enclosure. Colors and materials of the trash enclosure shall be architecturally compatible with the main structure. [PL] - 3 - , Fire Protection 8. The Applicant shall comply with all applicable requirements of the Dougherty Regional Fire Authority. [F, PL] 9. Prior to issuance of a building permit, the Applicant shall supply written confirmation that the requirements of Dougherty Regional Fire Authority have been, or will be, met. [F, B, PL] Lighting 10. 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. [PL] Landscaping and Irrigation Plans 11. 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 palette with common and botanical names and container size and growth rate. [PL] 12. The final landscape plan shall be generally consistent with preliminary landscape plans prepared by Michael S. Johnstone, AIA, dated received by the Planning Department July 26, 1991. [PL] 13. 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. [PL] 14. The Applicant shall complete and submit to the Dublin Planning Department the Standard Plant Material, Irrigation and Maintenance Agreement (attached). [PL] Parking 15. 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 handicapped parking spaces will be subject to review and approval by the Planning Director. 16. All striping and arrows for the drive thru aisle shall be painted to the satisfaction of the Planning Director and the Public Works Director. [PL, PW] - 4 - , 17. The northwestern most parking space located in the parking area west of the building shall be striped and designated as a turnaround (see Exhibit A). [PL, PW] Grading and Drainage 18. A grading and drainage plan shall be submitted for review and approval by the City Engineer. [PW] 19. 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%). [PW] 20. 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. [PW, B] 21. 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. [PW] 22. 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. [PW] Public Improvements 23. 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. [PW] 24. The Developer shall be responsible for correcting deficiencies in the existing frontage improvements to the satisfaction of the City Engineer. [PW] 25. Any relocation of improvements or public facilities shall be accomplished at no expense to the City. [PW] 26. An encroachment permit shall be secured from the City Engineer for any work done within the public right-of-way. [PW] 27. The Applicant shall install 5 foot flat flares on the existing driveway. [PW] Miscellaneous 28. All damaged on-site existing pavement sections shall be repaired or replaced as directed by the City Engineer. [PW] - 5 - 29. All construction shall be limited to take place between the hours of 7:30 A.M. and 5:30 P.M. Monday through Friday, except as may be approved in advance in writing by the City Engineer. [PW] 30. Prior to issuance of building permits, the Applicant shall submit for review and approval a final site plan (1" = 20') in conformance with the Conditions of Approval. Said plans shall be fully dimensioned, accurately drawn, and prepared and signed by a licensed civil engineer, architect or landscape architect. [PL] 31. Prior to issuance of building permits, the Applicant shall provide written documentation that the requirements of the Dublin San Ramon Services District have been, or will be, met. [DSR, B, PL] 32. This Site Development Review approval does not include signage. All signage shall be subject to the provisions established in the City of Dublin Sign Ordinance. 33. Approval for the Site Development Review shall be valid for one year, until August 15, 1992. If construction has not commenced by that time, this approval shall be null and void. The approval period for the Site Development Review may be extended six (6) additional months (Applicant must submit a written request for the extension prior to the expiration date of the permit) by the Planning Director upon the determination that the conditions of approval remain adequate to assure that the above stated findings of approval will continue to be met. [PL] 34. 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. [PL] 35. To apply for building permits, the Applicant shall submit six (6) sets of construction plans to the Building Department for plan check. Each set of plans shall have attached an annotated copy of this Resolution of Approval, as well as the applicable Conditional Use Permit resolution. The notations shall clearly indicate how all Conditions of Approval will be complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. The Applicant will be responsible for obtaining the approvals of all participating non-City agencies prior to the issuance of building permits. [B] PASSED, APPROVED AND ADOPTED this 5th day of August, 1991. AYES: Commissioner Barnes, North, Rafanelli and Zika NOES: None p/�c ABSENT: Commissioner Burnham /dP41002- Planning/// Cairperson ATTES lanning Director - 6 - emN CITY OF DUBLIN SITE DEVELOPMENT REVIEW STANDARD CONDITIONS All projects approved by the City of Dublin shall meet the following standard conditions unless specifically exempted by the Planning Department. 1. Final building and site development plans shall be reviewed and approved by the Planning Department staff prior to the issuance of a building permit. All such plans shall insure: a. That standard commercial or residential security requirements as established by the Dublin Police Department are provided. b. That ramps, special parking spaces, signing, and other appropriate physical features for the handicapped, are provided throughout the site for all publicly used facilities. c. That continuous concrete curbing is provided for all parking stalls. d. That exterior lighting of the building and site is not directed onto adjacent properties and the light source is shielded from direct offsite viewing. e. That all mechanical equipment, including electrical and gas meters, is architecturally screened from view, and that electrical transformers are either undergrounded or architecturally screened. f. That all trash enclosures are of a sturdy material (preferably masonry) and in harmony with the architecture of the building(s). g. That all vents, gutters, downspouts, flashings, etc., are painted to match the color of adjacent surface. h. That all materials and colors are to be as approved by the Dublin Planning Department. Once constructed or installed, all improvements are to be maintained in accordance with the approved plans. Any changes which affect the exterior character shall be • resubmitted to the Dublin Planning Department for approval. i. That each parking space designated for compact cars be identified with a pavement marking reading "Small Car Only" or its equivalent, and additional signing be provided if necessary. j. That all exterior architectural elements visible from view and not detailed on the plans be finished in a style and in materials in harmony with the exterior of the building. k. That all other public agencies that require review of the project be supplied with copies of the final building and site plans and that compliance be obtained with at least their minimum Code requirements. ATTACHMENT 2. Final landscape plans , irrigation system plans , tree preservation the Dublin techniques , and guarantees, shall be reviewed and approved Planning Department prior to the issuance of the building permit. All such submittals shall insure: a. That plant material is utilized which will be capable of healthy growth within the given range of soil and climate. b. That proposed landscape screening is of a height and density so that it provides a positive visual impact within three years from the time of planting. c. That unless unusual circumstances prevail, at least 75% of the proposed trees on the site are a minimum of 15 gallons in size, and at least 50% of the proposed shrubs on the site are minimum of • 5 gallons in size. d. That a plan for an automatic irrigation system be provided which assures that all plants get adequate water. In unusual circumstances , and if approved by Staff, a manual or quick coupler system may be used. e. That concrete curbing is to be used at the edges of all planters and paving surfaces . f. That all cut and fill slopes in excess of 5 feet in height are rounded both horizontally and vertically. g. That all cut and fill slopes graded and not constructed on by September 1, of any given year, are hydroseeded with perennial or native grasses and flowrs , and that stock piles of loose soil existing on that dateaie: hydroseeded in a similar manner. h. That the area under the drip line of all existing oaks , walnuts , etc. , which are to be saved are fenced during construction and grading operations and no activity is permitted under them that will cause soil compaction or damage to the tree. i. That a guarantee from the owners or contractors shall be required guaranteeing all schrubs and ground cover, all trees , and the irrigation system for one year. j . That a permanent maintenance agreement on all landscaping will be required from the owner insuring regular irrigation, fertilization and weed abatement. 3 . Final inspection or occupancy permits will not be granted until all construction and landscaping is complete in accordance with approved plans and the conditions required by the City. -V CITY OF DUBLIN \�•.• 1')(V� , ''� F.O. Box 2340. Dublin, California 94568 • City Offices, 100 Civic Plaza, Dublin, Caiifcm;a 94568 \\� V CITY OF DUBLIN NON-RESIDENTIAL SECURITY REQUIREMENTS City Ordinance No. 21-89 1988 Building Code Section 4101 1. Doors. Exterior doors which are located at the rear, or side, or away from the primary entrance shall be solid doors with no glazing and shall be installed in metal frames . Exterior wood doors shall be solid wood construction 1 3/4" thick or hollow metal doors. 2. Locking devices. Exterior swinging doors which are exit doors as setforth in Chapter 33 shall have cylinder dead-bolt locks which shall be openable without the use of key, special effort, or knowledge. In Group B occupancies , a double cylinder dead-bolt lock may be used on the main exit door if there is a readily visible, durable sign on, or adjacent, to the door stating, "this door to remain unlocked during business hours . " The sign shall be in letters not less than 1 inch high on contrasting background. when unlocked the single door and both leaves of a pair of doors shall be free to swing without operation of any latching device. Doors which are not exit doors shall have the inactive leaf secured with flush-bolts at the top and bottoms . The bolts shall be hardened steel 1/4" minimum diameter and shall engage a metal strike plate to, a minimum depth of 3/8 inch. The dead bolts shall be hardened steel and shall have a minimum of a one inch throw. If the cylinder of the lock protrudes from the face of the door it shall be fitted with a cylinder ring geared so that it cannot be griped with pliers or other wrenching devices,: Vehicle door, overhead doors, and sliding doors shall be secured with metal to metal locking devices which prevent the door from opening. 3. Strike plates. Strike plates for wood jambs shall be the high security t,. e and shall be secured with a minimum of two wood screws 3" long which shall engage the door studs . 4. Jambs . Inswinging doors with wood jambs shall have rabitted jambs . The iambs on the strike side shall have solid shims above and below the strike plate and the opposite jamb shall have solid shims at the level of the strike plate. Both door studs shall be reinforced with horizontal solid blocking at the approximate height of strike. 5. Hinges . Exterior doors shall have non-removable hinge pins . 6 . Sliding glass doors . Sliding glass doors shall comply with Chapter 54. Sliding glass doors shall be fitted 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 operation. The bolt and strike shall be reinforced by hardened material so as to prevent their separation by pulling, prying or similar attack. An auxiliary locking device shall be installed on the door which may be a pin, lock, or similar device of not less than 1/4" diameter. The pin shall be of hardened Administration (415) 833-6650 • City Council (415) 833-6605 • Finance - • I s '3-6620 Code Enforcement (415) 833.6620- • Engineering (415 �• 3 "3 • I 66 Police (415) 833-6670 • Public Works (415) 833 i R re ' d1 material and engage the metal portion of the sliding door. The primary locking • device shall be operable by-a keyed or code lock inside. Doors with 2 sliding panels shall be locked at the meeting rails and shall have an auxiliary locking device as described above. 8. Windows. All accessible windows which are not located at the front or main entrance side of a non-residential building shall be made secure as follows: a) Sliding glass windows shall be secured on the inside with a locking device capable of withstanding prying or wrenching. An auxiliary lock shall be installed on each sliding window that prevents movement in the sliding track. b) Louvered windows shall not be used within eight feet of ground level, adjacent structures , or fire escapes. c) Casement type windows shall be secured with a metal to metal locking device contacting both frames of the window at the meeting edge. Auxiliary locks such as a pin that penetrates both frame structures shall be installed on casement and double hung windows. d) Windows shall not be located within 40 inches of the locking device of any door not located on the main entrance side of the non-residential building unless the windows are glazed with 1/4" tempered glass . 9 . Openable transoms. All exterior openable transoms exceeding 8 x 12 which are not located on the front or main entrance side of a non-residential building shall be protected with a steel grill and 1/4" minimum bars not more than 2' on center or by a screen with 1/8" diameter wire mesh not more than 2" on center mounted on the inside. 9. Roof openings. All skylights oi .the roof of a non-residential building shall be protected by: - a) Iron bars 1/2 inch minimum diameter not more than 8" on center or; b) A screen with 1/8" diameter wire mesh not more than 2" on center. All roof access hatches of non-residential building shall be protected as follows: a) If the hatchway is of wooden material, it shall be covered on the inside with at least 16 gauge sheet steel or its equivalent attached with scre-;s at 6" o.c. ; b) The hatchway shall be secured from the inside with a slide bar or slide bolts; c) Outside hinges on all hatchway openings shall be provided with non-removable pins when using pin-type hinges . All air duct or air vent openings exceeding 8" x 12" on the roof or exterior } walls of any building or premise used for business purposes shall be secured by covering the same with eitherof the following: a) Iron bars of at least 1/2" round- or 1" x 1/4" flat steel material, spaced no more than 8" o.c. apart and securely fastened. 10. Exterior ladders . Exterior ladders to the roof are not permitted. 1/90 • THE CITY OF DUBLIN • P.O.Box 2340 (415)829-4600 Dublin,CA 94568 STANDARD PLANT MATERIAL, IRRIGATION SYSTEM AND MAINTENANCE A I T (property owner) do hereby agree that all plants (trees, shVubs and ground cover) will be installed in accordance with the City of Dublin's approved ed landscape plan for project) located at • • (address) . All plants will be replaced in kind as per the approved plan at such time as they are found to missing,be ng diseased, damaged, or dead, for at least one (1) year from e date of their installation. I further agree that all plants will henceforth be irrigated, fertilized, weeded and tended on a regular basis such that they will maintain a healthy and weedfree appearance. I further agree that the irrigation system will be installed according to the irrigation plans as approved by the City of Dublin, and that said system will be kept in good working order for at least one (1) year from the date of the landscaping installation. This agreement is binding against this and all property owners of record. Signed: Date: Form 83-05 1/83