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HomeMy WebLinkAboutPC Reso 87-025 PA 87-026.1 .2 Sleep Shop ltd / Bel Leasing RESOLUTION NO. 87 - 025 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 87-026.1 AND .2 SLEEP SHOP LTD./BEL LEASING CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW APPLICATIONS, 7364 - 7372 SAN RAMON ROAD. WHEREAS, Michael Perkins filed Conditional Use Permit and Site Development Review applications for the proposed refurbishing and retail occupancy of the existing 6,375+ square foot single story commercial building at 7364 - 7372 San Ramon Road; and WHEREAS, the adopted San Ramon Road Specific Plan and City of Dublin Zoning Ordinance provide in part for the alteration and/or expansion of pre-existing uses through the Conditional Use Permit process; and WHEREAS, the Planning Commission did hold a public hearing on said applications on April 6, 1987; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, this application has been reviewed in accordance with the provisions of the California Environmental Quality Act and a Mitigated Negative Declaration of Environmental Significance has been recommended for adoption (Planning Commission Resolution No. 87 - 024) for this project, as it will have no significant effect on the environment; and WHEREAS, the Staff Report was submitted recommending that the Conditional Use Permit and Site Development Review applications be conditionally approved; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth; and WHEREAS, the proposed land use, if conditionally approved, is appropriate for the subject property in terms of being compatible to existing land uses in the area and will not overburden public services; NOW, THEREFORE, BE IT RESOLVED THAT THE Planning Commission finds: A. Refurbishment and occupancy of the existing 6,375+ square foot single story retail structure serves the public need by providing for an expansion of Retail Shopper Uses available to City residents. B. The uses will be compatible with and enhance the development of the general area as they will be properly related to other land uses, and transportation and service facilities in the vicinity. 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 perfor- mance standards established for the district in which they are to be located. E. All provisions of Section 8-95.0 through 8-95.8, Site Development Review, of the Zoning Ordinance are complied with. F. Consistent with Section 8-95.0, this project will promote orderly, attrac- tive, and harmonious development, which includes preservation of significant natural landscape features with minimum alteration of natural land forms and which recognizes environmental limitations on development; stabilizes land values and investments; and promotes the general welfare by preventing establishment of uses or erection of structures having -1- 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. G. The approval of the project as conditioned is in the best interest of public health, safety and general welfare. H. General site considerations, including site layout, orientation, and the location of buildings, vehicular access, circulation and parking, setbacks, height, public safety and similar elements have been designed to provide a desirable environment for the development, and which will encourage the use of common open areas for neighborhood or community activities and other amenities. I. General architectural considerations, as modified by the Conditions of Approval, including the character, scale and quality of the design, the architectural relationship with the site and other buildings, building materials and colors, screening of exterior appurtenances, exterior lighting, and similar elements have been incorporated into the project in order to insure compatibility of this development with its design concept and the character of adjacent buildings and uses. J. General project landscaping 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 to the public. K. The project is consistent with the policies contained in the City's General Plan and within the San Ramon Road Specific Plan. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission hereby approves the Conditional Use Permit and Site Development Review applications PA 87-026.1 and .2 as substantially shown by materials from the April 6, 1987, Staff Report labeled Exhibit C and Attachment 1, on file with the Dublin Planning Department, subject to the following Conditions: Unless stated otherwise, all Conditions of Approval shall be complied with prior to issuance of building or grading permits or use of the property, and shall be subject to Planning Department review and approval. GENERAL PROVISIONS 1. Development shall substantially conform with the revised plans prepared by Hernikl & Associates consisting of two sheets dated received by the City Planning Department, February 27, 1987, and the changes called for by these Conditions of Approval. Approval for the Site Development Review shall be valid until April 16, 1988. 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 for a period of up to six months (Applicant must submit a written request for the extension prior to the expiration date of the permit) by the Planning Director upon his determination that the Conditions of Approval remain adequate to assure that the above stated Findings will continue to be met. Approval for the Conditional Use Permit shall be valid until April 16, 1992. Development shall be subject to the Conditions listed below. 2. Comply with the City of Dublin Site Development Review Standard Conditions and the City of Dublin Police Services Standard Commercial Building Security Recommendations. 3. Prior to this issuance of building permits for the proposed refurbishment of the subject structure, a contractor's or architect's estimate of the work proposed shall be prepared and submitted to the Planning Department. Additionally, an up-to-date appraisal of the value of the existing structure shall be prepared and submitted. If the cost of the work proposed exceeds 50% of the appraised value of the current structure, then a site-specific geotechnical investigation shall be prepared conforming to the requirement of the Alquist-Priolo Special Studies Zones Act. The report shall establish what adjustments, if any, to the footprint of the structure are required to observe the recommended seismic setback zone, and what additional mitigation measures, if any, must be observed due to the presence of the fault trace. If the adjustments to the Site Plan exceed a -2- eS n f 10% modification to the existing structure, then the modified project design shall be subject to review and approval under a new Conditional Use Permit and Site Development Review submittal. 4. The Developer is encouraged to initiate the necessary proceedings to allow consideration of the abandonment of excess right-of-way along the property's San Ramon Road frontage. If right-of-way is purchased from the City to facilitate the development of the site, the Developer shall secure approval from the Planning Department for the resultant, modified site plan layout. 5. The showroom sales area shall not exceed 4750 square feet and the office area shall not exceed 400 square feet. A minimum of eleven on-site parking spaces shall be supplied. 6. The Developer shall diligently pursue the necessary approvals to provide for the installation of paving, curbing and landscaping along the 28 foot access easement running the length of the north side of the property. The Developer shall also diligently pursue the necessary approvals to provide for the installation of landscaping (3'+ width) along the northern edge of the easement to be installed in conjunction with the improvements to be installed with The Fishery Restaurant. Pursuit of approvals for this additional landscaping is considered necessary to allow the development of a 5' to 6' wide landscape strip along the south side of the eastern parking area of The Fishery Restaurant. If, upon demonstration that a diligent effort has been made by the Developer to pursue the necessary approvals for any of the referenced improvements and said approvals cannot be secured, discharge of the requirements of this Condition may be granted by the Planning Director. If the Developer is unable to secure the necessary approvals prior to occupancy of the structure for the installation of landscaping along the northern edge of the site, he shall remain respon- sible for a pro rata share of the costs of said improvements once the necessary approvals are in place (based on acreage of participating property owners). ARCHAEOLOGY 7. If, during construction, archaeological remains are encountered, construction in the vicinity shall be halted, an archaeologist consulted, and the City Planning Department notified. If, in the opinion of the archaeologist, the remains are significant, measures, as may be required by the Planning Director, shall be taken to protect them. ARCHITECTURAL 8. Exterior colors and materials for the building refurbishment shall be subject to final review and approval by the Planning Director. All ducts, meters, air conditioning equipment and other mechanical equipment on the proposed structure shall be effectively screened from view with materials architecturally compatible with the main structure. DEBRIS/DUST/CONSTRUCTION ACTIVITY 9. Measures shall be taken to contain all trash, construction debris, and materials on-site until disposal off-site can be arranged. The Developer shall keep adjoining public streets free and clean of project dirt, mud, and materials during the construction priod. The Developer 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. Provision of temporary construction fencing shall be made subject to review and approval of the City Engineer and the Building Official. 10. The detailed design of the trash enclosure area shall be subject to review and approval as part of the project Landscape and Irrigation Plans. The design of the trash enclosures shall reflect dimensional criteria deemed acceptable by the Livermore-Dublin Disposal Service, and shall incorporate use of a concrete apron in front of the enclosure to facilitate the District's mechanical pick-up service. If wooden doors are utilized, the -3- r� n • doors shall be trimmed with a heavy metal lip. Raised concrete curbing shall be provided inside the trash enclosure area to serve as wheel stops for metal trash bins to protect the interior walls of the enclosures. DRAINAGE 11. A grading and drainage plan shall be prepared and shall be submitted for review and approval by the City Engineer. Calculations (hydraulic) shall be prepared by the Developer for review by the City Engineer to determine the sizing of drainage lines. 12. The area outside the building shall drain outward at a 2% minimum slope for unpaved areas and a 1% minimum in paved areas (with a maximum gradient of 5%). 13. 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. 14. Where storm water flows against a curb, a curb with gutter shall be used. The flow line of all asphalt paved areas carrying waters shall be slurry sealed at least three feet on either side of the center of the swale. DRIVEWAYS AND STREET IMPROVEMENTS 15. If access from San Ramon Road is utilized at the northeast corner of the property on an interim basis (i.e., until the driveway at San Ramon Road at the common boundary of the Moret and The Fishery Restaurant sites is developed and until all appropriate quit-claim documents are recorded, allowing the elimination of direct vehicular access to San Ramon Road across the subject property), then the Developer shall be responsible for the installation and on-going maintenance of improvements at the existing driveway and the location and width of the interim improvements shall be subject to review and approval by the Planning Department and the City Traffic Engineer prior to installation. Said review shall include consideration of the lane widths, radius return dimensions, height, width and length of median (if utilized), and depth of entry paving. 16. The Developer shall install and provide for the on-going maintenance of the necessary improvements to close off the current driveway at San Ramon Road upon the occurrence of the following: 1) development of the Moret/Fishery driveway (including the development of full cross vehicular access from the driveway to the subject property); 2) the development of an improved driveway across the eastern portion of the Nichandros property providing an interconnection from Amador Valley Boulevard to the subject property; and 3) upon the recordation of the necessary quit-claim documents pertaining to the existing driveway. These improvements shall be installed within 90 days of the occurrence of the above three items. The design of the improvements installed shall be subject to review and approval by the Planning Department and the City Engineer prior to installation. 17. 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. The Developer shall be responsible for the on-going maintenance of the improvements installed within the public right-of-way. 18. Any relocation of improvements or public facilities shall be accomplished at no expense to the City. 19. The entire proposed parking and driveway area shall be paved (resurfaced as applicable) with asphalt concrete paving. The structural pavement design proposed by the Developer shall be subject to review and approval by the City Engineer. The Developer shall, at his sole expense, make tests of the soil over which the surfacing and base is to be constructed and furnish the test reports to the City Engineer. After rough grading has been completed, the Developer shall have soil tests performed to determine the final design of the road bed. -4- rmN n 20. An encroachment permit shall be secured from the City Engineer for any work done within the public right-of-way, where this work is not covered under the Improvement Plans. EASEMENTS 21. Cross vehicular access easements (or other appropriate documents approved by the Planning Department) shall be recorded between the subject property and the adjoining properties to the north and south. The cross access easements shall be submitted for review and approval by the Planning Department and the City Attorney prior to recordation. 22. The Developer shall acquire easements, and/or obtain rights-of-entry from the adjacent property owners for improvements or construction activity required outside of the subject properties. Copies of the easements and/or rights-of-entry shall be in written form and shall be furnished to the City Engineer. 23. Existing and proposed access and utility easements shall be submitted for review and approval by the City Engineer prior to the issuance of grading or building permits. These easements shall allow for practical vehicular and utility service access for portions of the subject properties. FIRE PROTECTION 24. Prior to issuance of building permits, the Developer shall supply written confirmation that the requirements of the Dublin San Ramon Services District Fire Department have been, or will be, met. GRADING 25. Grading shall be completed in compliance with the construction grading plans prepared for this project. IMPROVEMENT PLANS, AGREEMENTS, AND SECURITIES 26. Prior to filing for building permits, precise plans and specifications for street improvements, grading, drainage (including size, type, and location of drainage facilities both on- and off-site) and erosion and sedimentation control shall be submitted and subject to the approval of the City Engineer. 27. The Developer shall enter into an Improvement Agreement with the City for all improvements in the public right-of-way. Complete improvement plans, specifications, and calculations shall be submitted to, and reviewed by, the City Engineer and other affected agencies having jurisdiction over public improvements prior to execution of the Improvement Agreement. Improvement plans shall show the existing and proposed improvements along adjacent public street(s) and property that relate to the proposed improvements. All required securities, in an amount equal to 100% of the approved estimates of construction costs of improvements, and a labor and material security, equal to 50% of the construction costs, shall be submitted to, and approved by, the City and affected agencies having jurisdiction over public improvements, prior to execution of the Improvement Agreement. LANDSCAPING AND IRRIGATION PLANS 28. A 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. 29. The Developer shall sign and submit a copy of the City of Dublin Landscape Maintenance Agreement. 30. Landscaping installed along San Ramon Road shall be established on a landscape mound. -5- LIGHTING 31. Exterior lighting shall be of a design and placement so as not to cause glare onto adjoining properties or onto San Ramon Road. Lighting used after day- light hours shall be adequate to provide for security needs. Wall lighting around the entire perimeter of the building shall be supplied to provide "wash" security lighting. SIGNAGE 32. Signage shall substantially conform to the Sign details submitted with the application. The final design of all project or building signs shall be subject to review and approval by the Planning Director prior to installation. STORAGE AND EXTERIOR ACTIVITIES 33. All demonstrations, displays, services, and other activities associated with the new structure shall be conducted entirely within the structure. No loudspeakers or amplified music shall be permitted outside the structure. MISCELLANEOUS 34. The materials used across the site for new pedestrian walkways shall be of a uniform design and shall be subject to review and approval of the Planning Director. The pedestrian circulation system shall include handicapped access. 35. All improvements shall be installed as per the approved landscaping and irri- gation plans and the drainage and grading plans prior to the release of occu- pancy. 36. Certificate of Insurance naming the City of Dublin as additional insured shall be filed by the Developer with the City of Dublin prior to the issuance of building permits for tenant improvements or to the occupancy of the structure by the proposed land use activity. The Certificate of Insurance shall be maintained for the life of this land use activity. The amount and nature of the coverage of the Certificate of Insurance shall be subject to review and approval by the City Attorney. The Developer shall prepare and record the appropriate "hold-harmless" documents to relieve the City of liability of activities occurring within the driveway system located within that section of the San Ramon Road right-of-way directly adjacent and east of the subject property. rn1 PASSED, APPROVED AND ADOPTED this 6th day of April, 1 6. 'b'1 . AYES: Commissioners Barnes, Mack, Petty and Raley NOES: None ABSENT: Commissioner Burnham Planning Commission airperson ATT ST: Planning Direct r -6-