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HomeMy WebLinkAboutPC Reso 90-041 PA 90-045 Request for Dublin Town and Country allowing Minor Modifications to approved land use RESOLUTION NO. 90 - 041 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING CONDITIONAL USE PERMIT REQUEST FOR PA 90-045 DUBLIN TOWN & COUNTRY ALLOWING MINOR MODIFICATIONS TO THE APPROVED LAND USE AND DEVELOPMENT PLAN WHEREAS, Phillip L. Smith, on behalf of the Dublin Town & Country Associates, requests approval of a Conditional Use Permit to allow modification to the approved Planned Development Rezoning for Festival Enterprises (PA 83-042) and is requesting Site Development Review approval for exterior modifications to existing buildings, a new sign program including a new alternate freestanding shopping center master identification sign, a new building approximately 2,000 square feet in size at the northeast portion of the site, and minor site alterations within the Dublin Town & Country Shopping Center; and WHEREAS, Section 8-31.18 of the Zoning Ordinance establishes the Conditional Use Permit process as the mechanism to allow consideration of minor modifications to approved Land Use and Development Plans for Planned Development Districts; and WHEREAS, the Planning Commission held a public hearing on said application on July 16, 1990; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and was found to be Categorically exempt from environmental review as per Section 15301, Class 1(e); and WHEREAS, the Staff Report was submitted recommending that the application be conditionally approved; and WHEREAS, the proposed land use, if conditionally approved, is appropriate for the subject property in terms of being compatible to existing land uses in the area and will not overburden public services. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find: A. Continued use of the existing shopping center with the proposed exterior modifications, and the new signage provides for the public need by offering a range of services to the community. n B. The use will be properly related to other land uses, and transportation and service facilities in the vicinity, as the proposed use is compatible when compared to the type and nature of operations typically found in retail business district areas and the uses currently in operation in the immediate vicinity. C. The use will not materially adversely affect the health or safety of persons residing or working in the vicinity, or be materially detrimental to neighborhood, as all applicable regulations will be met. D. The uses will not be contrary to the specific intent clauses or performance standards established for the District in which it is to be located in that conditions have been applied to ensure conformance with the applicable zoning regulations, and the use is consistent with the character of the surrounding area as well as the retail business district. E. The approval of the Conditional Use Permit will be consistent with the Dublin General Plan and the San Ramon Road Specific Plan. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby conditionally approve PA 90-045 Conditional Use Permit application as shown by materials labeled Exhibit A (Site Plan and Elevations prepared by Lee Gage and Associates, consisting of eleven sheets and dated received June 4, 1990, and Sign Elevations prepared by Arrow Sign Co. consisting of sheet 00310 dated received June 4, 1990, and sheet 00232 dated received June 21, 1990) on file with the Dublin Planning Department subject to the approval of the related Site Development Review and to the following conditions. CONDITIONS OF APPROVAL: Unless otherwise specified, the following conditions shall be complied with prior to issuance of building or grading permits. Each item is subject to review and approval by the Planning Department unless otherwise specified. 1. This approval is for the minor modification to the approved Land Use and Development Plan for this site, consisting of a new alternate freestanding shopping center master identification sign, a new sign program, and the addition of towers to the front, (east), elevation of "Buildings A and C". 2. Except as may be specifically modified or elaborated upon by the conditions listed below, the addition of the towers to the front, (east) elevations of "Buildings A and C" (existing), the addition of a new alternate freestanding sign, and the addition of new cabinet wall signs, shall conform to the Conditions of Approval established by Resolution No. 51-84 of the Dublin City Council, approved May 29, 1984, for City file PA 83-042 (see Attachment 3). 3. The color, number, material and size of the flags mounted on top of the towers added to the front (east) elevation of "Buildings A and C" shall be subject to review and approval of the Planning Director. - 2 - 4. All signs shall be subject to Site Development Review approval. 5. 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. 6. The Applicant shall be responsible for clean up and disposal of shopping center related trash to maintain a clean and litter free site. 7. No loudspeakers or outside amplification of music or sound shall be allowed. 8. Except as may be specifically provided for within these Conditions of Approval, the development shall comply with City of Dublin Site Development Review Standard Conditions and the City of Dublin Non- Residential Security Requirements (attached). 9. On an annual basis, this Conditional Use Permit approval shall be subject to Zoning Investigator review and determination as to the compliance with the Conditions of Approval. 10. This Conditional Use Permit shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. Any violation of the terms of conditions of this permit shall be subject to citation. 11. This approval shall become null and void in the event the approved use ceases to operate for a continuous one-year period. PASSED, APPROVED AND ADOPTED this 16th day of July, 1990. AYES: Commissioners Barnes, Burnham, Springer and Zika NOES: Commissioner Okun ABSENT: None Planni Commiss Chair rson ATTEST: Planning - 3 - il; 1-� CITY OF DUBLIN r \. P.O.Box 2340,Dublin,California 94568 • City Offices, 100 Civic Plaza,Dublin,California 94568 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 type 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 jambs on the strike side shall have solid shims above and below the strike plates 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(415)833-6640•Building Inspection(415)833-6620 Code Enforcement(415)833.6620 • Engineering(415)833-6630 • Planning(415)833-6610 Police(415)833-6670 • Public Works(415)833-6630 • Recreation(415)833-6645 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 on 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 screws 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