HomeMy WebLinkAbout12-17-1990 PC Agenda F
AGENDA
CITY OF DUBLIN
PLANNING COMMISSION
Regular Meeting - Dublin Civic Center Monday - 7:30 p.m.
100 Civic Plaza, Council Chambers December 17, 1990
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE TO THE FLAG
4. ADDITIONS OR REVISIONS TO THE AGENDA
5. MINUTES OF PREVIOUS MEETING - November 19, 1990
6. ORAL COMMUNICATION - At this time, members of the audience are
permitted to address the Planning Commission on any item which is
not on the Planning Commission agenda. Comments should not
exceed 5 minutes. If any person feels that this is insufficient
time to address his or her concern, that person should arrange
with the Planning Director to have his or her particular concern
placed on the agenda for a future meeting.
6.1 Oath of Office for New Planning Commissioner
6.2 Election of Officers
7. WRITTEN COMMUNICATIONS
8. PUBLIC HEARINGS
8.1 PA 90-095 Kildare Directional Tract Sign Conditional Use
Permit request to allow one 4'x8' Directional Tract Sign
located at 7348 San Ramon Road (continued from November191
1990 Planning Commission meeting)
8.2 PA 90-079 Shamrock Ford Conditional Use Permit/Site
Development Review request for a 5,060 square foot
expansion of the existing dealership building at 7499
Dublin Boulevard. Imposition of traffic impact fees as a
condition of approval will be considered (continued from
the November 19, 1990 Planning Commission meeting)
8.3a PA 90-101 Images Conditional Use Permit request to allow an
existing 4'x8' Directional Tract Sign for the subdivision
located on the vacant parcel on the east side of San Ramon
Road, north of the Chevron Service Station and Dublin
Boulevard
8.3b PA 90-102 Images Conditional Use Permit renewal for an
existing 4'x8' Directional Tract Sign for the subdivision
located at 11960 Silvergate Drive
8.4 PA 90-081 United Hands Environmental Center Conditional Use
Permit and Site Development Review request to operate a
recycling facility and food distribution center and to allow
outdoor storage located at 6488 Sierra Court
9. NEW OR UNFINISHED BUSINESS
10. OTHER BUSINESS
11. PLANNING COMMISSIONERS' CONCERNS
12. ADJOURNMENT
(Over for Procedures Summary)
ag12-17
CITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date: December 17, 1990
TO: Planning Commission
FROM: Planning Staff
PREPARED BY: Laurence L. Tong, Planning Director
SUBJECT: Oath of Office for new Planning Commissioner
RECOMMENDATION: jir
Provide opportunity for City Clerk to
administer Oath of Office for new Planning
Commissioner
FINANCIAL STATEMENT: None
DESCRIPTION:
On December 10, 1990, Councilmember Burton appointed Ralph
Rafanelli to the Planning Commission. City Clerk Kay Keck will
attend the Planning Commission meeting to administer the oath of
office to new Planning Commissioner Rafanelli .
COPIES TO: Agenda File
ITEM NO. - Project Planner
CITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date: December 17, 1990
TO: Planning Commission
FROM: Planning Staff
PREPARED BY: Laurence L. Tong, Planning Director
SUBJECT: Election of Officers
RECOMMENDATIONS: Consider
FINANCIAL STATEMENT: None
DESCRIPTION:
The Planning Commission Rules of Procedures provide that the
officers are elected at the first meeting of the Planning Commission
in December of each year. The new terms of office typically run until
December 1991, unless a vacancy in an office occurs before that time.
The Ordinance establishing the Planning Commission provides that
the Planning Commission may appoint a Secretary who may be one of its
members or someone else.
Since there is currently a vacancy on the Planning Commission,
the Commission may want to consider postponing the election of
officers until all the positions are filled. The Planning Commission
may also want to consider reviewing its Rules of Procedures and
revising them as necessary at the same time as electing officers.
If the Planning Commission wants to proceed with the election of
officers, Staff would recommend that the Planning Commission 1) elect
a Chairperson, 2) elect a Vice-Chairperson, and 3) appoint the
Planning Director as Secretary.
cc: Agenda File
Item No. 10 Project Planner
CITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date: December 17, 1990
TO: Planning Commission
FROM: Planning Staff
PREPARED BY: Charlie Maims, Project Planner Cu'
SUBJECT: PA 90-095 Kildara Directional Tract Sign Conditional
Use Permit located at 7348 San Ramon Road
ANALYSIS:
The Planning Commission continued this item from the November 19,
1990 Planning Commission meeting directing Staff to draft a resolution
approving PA 90-095. The public hearing portion of this item had been
closed by the Commission.
The general concensus of the Planning Commission was that a third
Kildara Directional Tract Sign would be inappropriate and unnecessary in
light of Kildara's two existing signs located on San Ramon Road. The
Commission indicated that the sign proposed under PA 90-095 would be
acceptable if one of the existing Kildara Directional Tract Signs were
removed.
The Applicant agreed with this suggestion and has told Staff that
Kildara would be willing to remove the sign approved under PA 90-053
located on the east side of San Ramon Road, north of Dublin Boulevard and
the Chevron Service Station (See's Candy Property). Condition #2 of the
draft resolution of approval requires that this particular sign be
removed before the installation of the new sign at 7348 San Ramon Road.
Staff recommends approval of Kildara's Conditional Use Permit sub-
ject to the conditions of approval in the draft resolution (Exhibit B).
RECOMMENDATIONS:
FORMAT: 1) Reopen public hearing and hear Staff presentation.
2) Take testimony from Applicant and the public.
3) Question Staff, Applicant and the public.
4) Close public hearing and deliberate.
5) Adopt resolution approving PA 90-095 Kildara Conditional
Use Permit, or give Staff and Applicant direction and
continue the matter.
ACTION: Adopt resolution Exhibit B approving PA 90-095 Kildara
Conditional Use Permit.
ATTACHMENTS:
Exhibit A: Sign Elevations and Site Plan
Exhibit B: Draft Resolution approving PA 90-095 Conditional Use
Permit
COPIES TO: Applicant
ITEM NO. D. ( Owner
Address File
JCiU j.
RESOLUTION NO. 90 -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 90-095 KILDARA CONDITIONAL USE PERMIT FOR USE OF A
DIRECTIONAL TRACT SIGN LOCATED AT 7348 SAN RAMON ROAD (APN 941-40-3-2)
WHEREAS, Doug Millsap, representing Marketshare, Inc., filed an
application for a Conditional Use Permit request to allow a
Directional Tract Sign at 7348 San Ramon Road; and
WHEREAS, the Planning Commission did hold a public hearing on
said application on November 19, and December 17, 1990; and
WHEREAS, proper notice of said public hearing was given in all
respects as required by law; and
WHEREAS, the application has been reviewed in accordance with the
provisions of the California Environmental Quality Act (CEQA) and was
found to be categorically exempt under Section 15301, Class 1(g); and
WHEREAS, the Staff Report was submitted recommending approval of
the application; and
WHEREAS, the Planning Commission did hear and consider all said
reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning
Commission does hereby find:
A. The use is required by the public need in that it provides
directional information to the general public for a housing
development under construction (Kildara).
B. The use will be properly related to other land uses and
transportation and service facilities in the vicinity, in
that it will be compatible with surrounding uses.
C. The use, if permitted under all circumstances and conditions
of this particular case, will not materially 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
area, as all applicable regulations will be met.
D. The use, if permitted will not be contrary to the specific
intent clause or performance standards established for the
district in which it is to be located, in that conditions
have been applied to insure conformance with the Zoning
Ordinance.
EXHIBIT 23 V "
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does
hereby conditionally approve Conditional Use Permit PA 90-095 as shown
by materials labeled Exhibit "A" approved and on file with the Dublin
Planning Department subject to the following conditions.
CONDITIONS OF APPROVAL:
Unless stated otherwise, all Conditions of Approval shall be complied
with prior to the issuance of building permits or establishment of
use, and shall be subject to Planning Department review and approval.
1. PA 90-095 is approved for the placement of a 4 foot x 8 foot
directional tract sign at 7348 San Ramon Road (APN 941-40-3-2). The
use shall generally conform to the plan submitted with PA 90-095 dated
received October 19, 1990, Exhibit A, and on file with the Dublin
Planning Department and subject to conditions of approval.
2. Prior to the installation of the sign, the Applicant shall
remove the Kildara Directional Tract Sign and its supporting post
located on the vacant parcel on the east side of San Ramon Road north
of Dublin Boulevard and the Chevron service station (PA 90-053, APN
941-305-34).
3. The approval of PA 90-095 supersedes the previous approval
on the sign to be removed (PA 90-053). PA 90-053 is hereby null and
void.
4. The sign shall have a maximum single-faced area of 32 square
feet and a maximum height of 12 feet.
5. No part of the sign shall be located within the public
right-of-way which extends 5 feet north of the curb face on Amador
Valley Boulevard.
6. The sign shall not obstruct the visibility of the approved
signs advertising the High Fidelity Christmas Tree Lot (PA 90-075),
which will be located on the site from November 22, 1990 to
December 30, 1990.
7. The Applicant shall not park any vehicles on Amador Valley
Boulevard during the installation or removal of the sign.
8. The tract sign shall not obstruct the visibility of
motorists, pedestrians or cyclists. Any relocation of the sign shall
be subject to review and approval by the Planning Director prior to
being moved.
9. The Applicant and Property Owner shall keep the site clear
of overgrown weeds, vegetation and trash around the sign and maintain
the stie in a well kept manner at all times.
10. This approval shall remain in effect until December 27,
1991, or until the last lot/unit is sold, whichever occurs first.
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11. This Conditional Use Permit approval shall be null and void
in the event the approved sign copy is removed for a consecutive one
month period.
12. The Applicant shall remove said sign and the entire sign
support structure upon expiration of this Conditional Use Permit
approval.
13. Prior to installation of the sign the Applicant shall post a
security deposit with the City of Dublin in the amount of $500.00 to
secure the faithful performance of Condition #8 (removal of sign).
The security deposit shall be submitted in a form acceptable to the
City Attorney (see Security Deposit Agreement attached) and guarantee
that these funds will be available and that the instrument of credit
will remain effective until February 27, 1992. An alternate
instrument of credit may be used subject to review and approval by the
City Attorney.
14. This Conditional Use Permit shall be subject to Zoning
Investigator review and determination as to compliance with the
Conditions of Approval.
15. This permit shall be removable for cause in accordance with
Section 8-90.3 of the Dublin Zoning Ordinance. Any violation of the
terms and conditions of this permit shall be subject to citation.
PASSED, APPROVED AND ADOPTED this 17th day of December, 1990.
AYES:
NOES:
ABSENT:
Planning Commission Chairperson
ATTEST:
Planning Director
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DUBLIN PLANNING
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OCT 1 9 1990
EXHIBITA DUBLIN PLANNING
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CITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date: December 17, 1990
TO: Planning Commission
FROM: Planning Staff Mo'�F J�
PREPARED BY: Robert Schubert, Contract Planner �{
SUBJECT: PA 90-079 Shamrock Ford Building Addition
Conditional Use Permit/Site Development Review
located at 7499 Dublin Boulevard
GENERAL INFORMATION:
PROJECT: The Applicant is requesting a Conditional Use
Permit and Site Development Review for a 5,060
square foot expansion of the existing Shamrock
Ford dealership at 7499 Dublin Boulevard.
APPLICANT: Brian Pendley
Associated Professionals, Inc.
4200 East Avenue
Livermore, CA 94550-4945
PROPERTY OWNER: James Woulfe, President
Shamrock Ford
7499 Dublin Boulevard
Dublin, CA 94568
LOCATION: 7499 Dublin Boulevard
ANALYSIS:
This item was continued from the Planning Commission meeting on
November 19, 1990 in order for the Applicant to provide additional
information and further discuss the traffic impact fee with the City.
Following the Planning Commission meeting, the Applicant
submitted information to the City regarding the average number of
vehicles repaired per service bay each day and the total number of
trips generated per vehicle serviced.
Attached is a copy of the revised Traffic Impact Fee Study
prepared by TJKM Transportation Consultants, based upon the
information provided by the applicant. The revised traffic impact fee
is $6,212, compared to the previous fee of $14,618 (refer to Condition
#23 of Exhibit C).
COPIES TO: Applicant
Q Owner
ITEM NO. ). Address File
Uu 1
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City Staff and the traffic consultant have met with the Applicant
to review the revised fee. The Applicant has indicated to Staff that
the revised fee is more reasonable.
At the request of the Applicant, Condition #1 in the draft
resolution approving the Site Development Review application has been
revised to allow twelve (12) months to obtain a building permit. The
previous draft resolution required that a building permit be obtained
within six (6) months.
The public hearing was not closed on November 19, 1990. Thus, at
the December 17, 1990 meeting, the Planning Commission should accept
any public testimony prior to closing the public hearing.
Staff recommends approval of Shamrock Ford's Conditional Use
Permit and Site Development Review requests for the building addition,
subject to the conditions specified in the Draft Planning Commission
Resolutions (Exhibits B, C and D).
RECOMMENDATIONS:
FORMAT: 1) Hear Staff presentation.
2) Take testimony from Applicant and the public.
3) Question Staff, Applicant and the public.
4) Close public hearing and deliberate.
5) Adopt Draft Resolution relating to the Conditional Use
Permit, Site Development Review and Imposition of
Traffic Impact Fee, or give Staff and Applicant
direction and continue the matter.
ACTION: Staff recommends that the Planning Commission adopt
Exhibit B, Draft Resolution approving the Conditional Use
Permit, Exhibit C Draft Resolution approving the Site
Development Review and Exhibit D Draft Resolution approving
the Imposition of Traffic Impact Fee for PA 90-079, Shamrock
Ford.
ATTACHMENTS:
Exhibit A: Project Plans
Exhibit B: Draft Planning Commission Resolution for Conditional
Use Permit
Exhibit C: Draft Planning Commission Resolution for Site
Development Review
Exhibit D: Draft Planning Commission Resolution Imposing Traffic
Impact Fee
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RESOLUTION NO. 90 -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 90-079 SHAMROCK FORD CONDITIONAL USE PERMIT
TO EXPAND THE EXISTING AUTO DEALERSHIP USE
WITH A 5,060 SQUARE FOOT BUILDING ADDITION
AT 7499 DUBLIN BOULEVARD
WHEREAS, Brian Pendley, on behalf of James Woulfe, Owner of
Shamrock Ford, filed a Conditional Use Permit and Site Development
Review application requesting approval to expand an existing building
with a 5,060 square foot addition at 7499 Dublin Boulevard; and
WHEREAS, the Planning Commission did hold a public hearing on
said application on November 5, November 19, and December 17, 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 has
been found to be categorically exempt from the provisions of CEQA
pursuant to Section 15301 (e) of the State CEQA guidelines because the
project will consist of minor alterations and an addition to an
existing private structure involving negligible expansion of the
existing use; and
WHEREAS, the Staff Report was submitted recommending that the
application be conditionally approved; and
WHEREAS, the Planning Commission did hear and consider all said
reports, recommendations and testimony hereinabove set forth; and
WHEREAS, the proposed land use, if conditionally approved, is
appropriate for the subject property in terms of being compatible with
existing land uses in the area and will not overburden public
services.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning
Commission does hereby find that:
A. Shamrock Ford will serve the public need by providing
additional automobile service in the downtown area;
B. The use will be properly related to other land uses and
transportation and service facilities in the immediate
vicinity, as the proposed use will be compatible to said
land uses, transportation and service facilities in the
immediate vicinity;
C. The use will not materially adversely affect the health or
safety of persons residing or working in the vicinity, or be
materially detrimental to the public welfare or injurious to
EXHIBIT ej
(flJ j 7
property or improvements in the neighborhood, as all
applicable regulations will be met.
D. The use will not be contrary to the specific intent, clauses
or performance standards established for the district in
which it is to be located, as the proposed use is compatible
with the adjacent general commercial and retail business
district uses.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does
hereby conditionally approve Conditional Use Permit application
PA 90-079 as shown in Exhibit A, and subject to the approval and
conditions of the related Site Development Review and to the following
conditions:
CONDITIONS OF APPROVAL
Unless stated otherwise, all Conditions of Approval shall be complied
with prior to the issuance of building permits or establishment of
use. and shall be subject to Planning Department review and approval.
1. The approval is for PA 90-079 Shamrock Ford, Conditional Use
Permit for an expansion of the existing auto dealership at
7499 Dublin Boulevard.
2. PA 90-079 Conditional Use Permit approval is for the
existing Shamrock Ford dealership use which includes the
following:
a) auto sales and indoor/outdoor car displays;
b) auto services;
c) auto sales/parts department; and
for a 5,060 square foot expansion of an existing building to
include additions to accommodate:
a) six new service stalls (3,926 square feet); and
b) an expanded parts department (1,134 square feet).
3. Outdoor storage or display of merchandise is expressly
prohibited except when located within the approved car
display area, or unless authorized by subsequent Conditional
Use Permit or Administrative Conditional Use Permit
approvals for special promotional events. All
demonstrations, displays, services, and other activities
shall be conducted entirely within the structures on the
site. No loudspeakers or amplified music shall be permitted
outside the enclosed structure.
4. The Shamrock Ford auto dealership shall provide and maintain
at all times the following type and number of on-site
parking spaces. Said parking spaces shall be appropriately
marked on the pavement:
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30 employee parking spaces
17 service parking spaces
26 customer parking spaces
3 handicapped parking spaces
5. This approval shall become null and void, in the event the
approved use ceases to operate for a continuous one year
period.
6 . This permit shall be revocable for cause in accordance with
Section 8-90 . 3 of the Dublin Zoning Ordinance. Any
violation of the terms of conditions of this permit shall be
subject to citation.
7 . On an annual basis, these uses shall be subject to Zoning
Investigator review and determination as to compliance with
the Conditions of Approval .
8. To apply for building permits, the Applicant shall submit
six (6) sets of construction plans to the Building
Department for plan check. Each set of plans shall have
attached an annotated copy of this Resolution of Approval .
The notations shall clearly indicate how all conditions of
approval will be complied with. Construction plans will not
be accepted without the annotated resolutions attached to
each set of plans. The Applicant will be responsible for
obtaining the approvals of all participating non-City
agencies prior to the issuance of building permits.
PASSED, APPROVED AND ADOPTED this 17th day of December, 1990.
AYES:
NOES:
ABSENT:
Planning Commission Chairperson
ATTEST:
Planning Director
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6 09
RESOLUTION NO. 90 -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 90-079 SHAMROCK FORD SITE DEVELOPMENT REVIEW APPLICATION TO
EXPAND AN EXISTING BUILDING BY 5,060 SQUARE FEET
AT 7499 DUBLIN BOULEVARD
WHEREAS, Brian Pendley, on behalf of James Woulfe, Owner of Shamrock
Ford, filed a Conditional Use Permit and Site Development Review
application requesting approval to expand an existing building by 5,060
square feet at 7499 Dublin Boulevard; and
WHEREAS, the Planning Commission did hold a public hearing on said
application on November 5, November 19, and December 17, 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 has been
found to be categorically exempt from the provisions of CEQA pursuant to
Section 15301, Class 1 (e) of the State CEQA guidelines because the project
will consist of minor alterations and an addition to an existing private
structure involving negligible expansion of the existing use; and
WHEREAS, the Staff Report was submitted recommending that the
application be conditionally approved; and
WHEREAS, the Planning Commission did hear and consider all said
reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission
does hereby find:
A. All provisions of Section 8-95.0 through 8-95.8, Site Development
Review, of the Zoning Ordinance are complied with.
B. Consistent with Section 8-95.0, this application, as modified by
the Conditions of Approval, will promote orderly, attractive and
harmonious development, recognize environmental limitations on
development; stabilize land values and investments; and promote
the general welfare by preventing establishment of uses or
erection of structures having qualities which would not meet the
specific intent clauses or performance standards set forth in the
Zoning Ordinance and which are not consistent with their
environmental setting.
C. The approval of the application as conditioned is in the best
interests of the public health, safety and general welfare.
D. General site considerations, including site layout, vehicular
access, circulation and parking, setbacks, height, walls, public
safety and similar elements have been designed to provide a
desirable environment for the development.
EXHIBIT C
V 'k.)
E. General architectural considerations, including the character,
scale and quality of the design, the architectural relationship
with the site and other building, building materials and colors,
screening of exterior appurtenances, exterior lighting, and
similar elements have been incorporated into the project in order
to insure compatibility of this development with its design
concept and the character of adjacent buildings and uses.
F. General landscape considerations, including the locations, type,
size, color, texture and coverage of plant materials, provisions
for irrigation, maintenance and protection of landscaped areas
and similar elements have been considered to insure visual relief
to complement buildings and structures and to provide an
attractive environment for the public.
G. The project is consistent with the policies of the General Plan
and Downtown Specific Plan.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby
conditionally approve PA 90-079 Site Development Review as shown in Exhibit
A and subject to the approval and conditions 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.
1. The addition to Shamrock Ford shall be completed as shown on the site
plans, floor plans and elevations dated received by the Dublin
Planning Department on October 8, 1990 (Exhibit A), as modified by the
following Conditions of Approval and those requirements of affected
agencies, and associated Conditional Use Permit (PA 90-079). Building
permits for the proposed improvements shall be secured and
construction commenced within twelve (12) months after approval of
this application or said approval shall be void.
2. As required by the Dublin Police Department, all security hardware for
the existing building, as well as the building addition, must comply
with the City of Dublin Non-residential Security Requirements (City
Ordinance No. 21-89, attached). Security hardware must be provided
for doors, windows, roof vents, skylights and roof ladders. The
skylights and rotating vents must meet the current commercial building
specifications for security. The skylights must be barred or alarmed
and the vents must be secured by non-removable bolts or by a solid
weld. Roll-up doors must be equipped with a positive locking device.
All other doors must be metal clad and have approved locking devices,
including deadbolt locks and high security strike plates that are kick
resistant. The wire mesh enclosures must be secured with a minimum of
pad lock with a 3/8 inch hardened hasp and a hardened steel body. An
additional light is suggested for the east side of the addition to
light the exterior of the building and wire enclosures subject to
Dublin Police and Planning Department review and approval.
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3. The Applicant shall comply with all applicable Site Development Review
Standard Conditions (attached).
4. The eastern driveway on Dublin Boulevard shall be permanently closed
to the satisfaction of the Public Works Director and Planning
Director. The landscaped area along Dublin Boulevard shall be
extended to the eastern property line, subject to review and approval
by the Planning Director.
5. The Applicant must submit construction plans to the Dublin San Ramon
Services District for review of water and service facilities and
related fees.
6. 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.
7. The Developer shall be responsible for correcting deficiencies in the
existing frontage improvements to the satisfaction of the Public Works
Director.
8. Any relocation of improvements or public facilities shall be
accomplished at no expense to the City.
9. An encroachment permit shall be secured from the Public Works
Department for any work done within the public right-of-way.
10. All damage to on-site existing pavement sections shall be repaired or
replaced as directed by the Public Works Director.
11. All catch basins not against curb and gutter shall be a 3' concrete
apron around all sides of the inlet.
12. All damaged concrete aprons around catch basins shall be replaced by a
3' concrete apron in accordance with CD-306.
Architectural
13. Exterior colors and materials for the exterior building modifications
shall be subject to final review and approval by the Planning
Director, and shall be consistent with those of the existing
structure. All ducts, meters, air conditioning equipment and other
mechanical equipment on the structure shall be effectively screened
from view with materials architecturally compatible with the materials
of the existing structure.
Debris/Dust/Construction Activity
15. Measures shall be taken to contain all trash, construction debris, and
materials on-site until disposal off-site can be arranged. The
Developer shall keep adjoining public streets free and clean of
project dirt, mud, and materials during the construction period. The
Developer shall be responsible for corrective measures at no expense
to the City of Dublin. Provision of temporary construction fencing
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shall be made subject to review and approval of the Public Works
Director and the Building Official.
Drainage
16. A grading and drainage plan shall be prepared and shall be submitted
for review and approval by the Public Works Director.
17. 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%).
18. 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.
19. 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.
Fire Protection
20. All improvements shall comply with the following requirements of the
Dougherty Regional Fire Authority:
a) The addition, as well as existing buildings, must have fire
sprinklers installed.
b) An on-site fire hydrant will be required.
c) A Fire Impact Fee of $1,800.00 will be collected by the Dougherty
Regional Fire Authority. This fee must be paid prior to the
issuance of a building permit.
Lighting
21. Exterior lighting shall be provided and shall be of a design and
placement so as not to cause glare onto adjoining properties or onto
Amador Plaza Road or Interstate 680. Lighting used after daylight
hours shall be adequate to provide for security needs (1 1/2 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.
Off-site Improvements
22. The Applicant shall conform to the "Typical Public Works Conditions of
Approval for Commercial/Industrial Site Development Review"
(attached).
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Vv1
Traffic Impact Fee
23. Based upon the memorandum (attached), to Lee Thompson, Public Works
Director from Gerri Langtry of TJKM, traffic consultant, the Applicant
shall pay a traffic impact fee of $6,212 prior to the issuance of a
building permit.
Miscellaneous
24. Handicapped, customer, employee and compact parking spaces shall be
appropriately identified on pavement and double-striped (4 inch wide
stripe, 2 feet between stripes) subject to review and approval by the
Planning Director.
25. Prior to issuance of building permits, the Applicant shall provide
written documentation that the requirements of the Dublin San Ramon
Services District and Dougherty Regional Fire Authority have been met.
27. 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 Public Works Director.
28. 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.
29. 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.
PASSED, APPROVED AND ADOPTED this 17th day of December, 1990.
AYES:
NOES:
ABSENT:
Planning Commission Chairperson
ATTEST:
Planning Director
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RESOLUTION NO. 90 -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
IMPOSING A TRAFFIC IMPACT FEE ON PA 90-079,
SHAMROCK FORD AT 7499 DUBLIN BOULEVARD
WHEREAS, by Planning Commission Resolution No. , the
Planning Commission has approved the Conditional Use Permit for the
expansion of the existing Shamrock Ford Auto Dealership; and by
Planning Commission Resolution No. , the Planning Commission has
approved the Site Development Review for a 5,060 square foot building
addition (hereafter "the proposed project"); and
WHEREAS, the Planning Commission did hold a public hearing on
said application including the adoption of this resolution on
November 5, November 19, and December 17, 1990; and
WHEREAS, proper notice of said public hearing was given in all
respects as required by law; and
WHEREAS, the application has been reviewed in accordance with the
provisions of the California Environmental Quality Act (CEQA) and was
found to be categorically exempt under Section 15301, Class 1(e) of
the State CEQA Guidelines because the project will consist of a minor
addition to an existing structure involving negligible expansion of
the existing use ; and
WHEREAS, the Staff Report was submitted recommending that the
application be conditionally approved; and
WHEREAS, the Planning Commission did hear and consider all said
reports, recommendations and testimony hereinabove set forth; and
WHEREAS, Condition No. 23 of Planning Commission Resolution No.
approving the Site Development Review requires the developer to
pay a traffic impact or mitigation fee to be used for traffic facility
improvements; and
WHEREAS, a report setting forth the impacts of the proposed
development on traffic through the year 2010, has been prepared by
TJKM, along with an analysis of the need of the public facilities and
improvements required by future development consisting of a memorandum
to Lee Thompson, Public Works Director from Gerri Langtry of TJKM,
which is attached hereto and incorporated herein (referred to herein
as "the report"); and
WHEREAS, said report sets forth the relationship between the
proposed development, the needed facilities and the estimated costs of
the facilities; and
WHEREAS, said report was available for public inspection and
review more than ten (10) days prior to the public hearing.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning
Commission does hereby find:
EXHIBIT D
v is
•
A. The purpose of the said traffic impact fee is to mitigate
the traffic impacts caused by the proposed development by construction
of certain public facilities.
B. The public facilities to be constructed with the traffic
impact fee (referred to herein as "the public facilities") are
identified in the attached report, attached hereto and incorporated
herein by reference.
C. The traffic impact fee is needed in order to finance the
public facilities and to pay for the proposed development's fair share
of the construction of the improvements and will be used for these
purposes.
D. The Commission finds the fee to be consistent with the
General Plan and, pursuant to Government Code Section 65913.2, has
considered the effects of the fee with respect to the City's housing
needs as established in the Housing Element of the General Plan.
E. The fees collected pursuant to this resolution shall be used
to finance the public facilities identified in the attached report.
F. After considering the report prepared by TJKM and the
testimony received at this public hearing, the Commission approves and
adopts said report, and incorporates such herein, and further finds
that the proposed development will generate additional demands on
municipal services.
G. The report and the testimony establish:
1. That there is a reasonable relationship between the
need for the public facilities designated in the report and the
impacts of the proposed development for which the corresponding
fee is charged;
2. That there is a reasonable relationship between the
fee's use and the proposed development for which the fee is
charged;
3. That there is a reasonable relationship between the
amount of the fee and the cost of the public facility or portion
of the public facility attributable to the proposed development
on which the fee is imposed; and
4. That the cost estimates set forth in the report are
reasonable cost estimates for constructing these facilities, and
the fees expected to be generated by future developments will not
exceed the total costs of constructing the public facilities
identified in the attached report.
H. The attached report is a detailed analysis of how public
services will be affected by the proposed development, the existing
deficiencies and the public facilities required to accommodate that
development and those deficiencies. The calculations and assumptions
in the report can reasonably be applied to the proposed development.
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I. The method of allocation of the traffic impact fee to the
proposed development bears a fair and reasonable relationship to the
proposed development's burden on, and benefit from, the facilities to
be funded by the fee.
J. A traffic impact fee in the amount set forth in the attached
report and Condition No. 23 of Planning Commission Resolution No.
is hereby imposed, to be paid prior to the issuance of building
permits. The Commission finds that the attached report is the "plan"
required by Government Code Section 53077.5.
K. The traffic impact fee shall be placed in the Capital
Improvement Fund and shall be segregated in separate and special
accounts as provided herein and such revenues, along with any interest
earnings on each account, shall be used for the following purposes:
1. To pay for design and construction of the public
facilities described in the attached report and reasonable costs
of outside consultant studies related thereto;
2. To reimburse the City for the public facilities
described in the attached report, constructed by the City with
funds from other sources, unless the City funds were expended to
remedy existing deficiencies as identified in the attached report
or were obtained from grants or gifts; and
3. To pay for and/or reimburse costs of program
development and ongoing administration of the traffic impact fee
program.
L. The fees collected pursuant to this resolution shall be
deposited into deposit accounts for the improvement projects
identified in the attached report and identified by developer or
development being charged.
M. Fees in the Capital Improvement Fund, and interest thereon,
shall be expended only for those facilities listed in the attached
report and only for the purpose for which the fee was collected; and
the standards upon which the needs for facilities are based are the
standards of the City. The City has undertaken an extensive capital
improvement program to implement these standards and the City will
remedy existing deficiencies without using proceeds of the traffic
impact fee.
N. The City Manager may develop rules and regulations for the
effective implementation and administration of the traffic impact fee.
O. No later than June 30, 1991 and June 30 of each year
thereafter, the City Manager shall prepare a report for the City
Council identifying the balance of fees in the improvement projects'
deposit account, the facilities constructed and the capital facilities
to be constructed. In preparing the report, the City Manager shall
adjust the estimated cost of the public improvements in accordance
with the Engineering Construction Cost Index as published by
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v 1
Engineering News Record for the elapsed time period from the previous
July 1 or the date that the cost estimate was developed. The annual
report shall also include a review of the administrative charge; and
the City Council shall review the report at a noticed public hearing
and shall make findings identifying the purpose to which the existing
fee balances are to be put and demonstrating a reasonable relationship
between the fee and the purpose for which it is charged.
P. The fees imposed herein shall be effective sixty (60) days
following adoption of this resolution.
PASSED, APPROVED AND ADOPTED this 17th day of December, 1990.
AYES:
NOES:
ABSENT:
Planning Commission Chairperson
ATTEST:
Planning Director
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L
DEC 05 '90 16:43 TJKM TR,,EQSPORTRTION CONSULTRNTSR P.2
•
QT3 MEMORANDUM
RECEIVED
December 5,1990 DEC 0 5 1990
TO: Mr.Lee Thompson DUBLIN PLANNING
City of Dublin
FROM: Gerri Langtry
SUBJECT: Traffic Impact Mitigation Fee for Shamrock Ford Auto Service
Expansion
•
This memo documents an analysis determining a traffic impact mitigation fee for
the proposed 5,060 square foot expansion of the auto service building at the
Shamrock Ford Dealership(PA 90-079). Shamrock Ford is located in the northeast
quadrant of the intersection of Dublin Boulevard and Amador Plaza Road at
7749 Dublin Boulevard in the City of Dublin. The expansion will consist of
3,926 square feet of new service area(six new service bays)and 1,134 square feet of
increased parts storage space including a small office.
The addition of daily traffic due to future development in Dublin, including the
Shamrock Ford expansion,will require the widening of Dublin Boulevard from four
to six lanes between Donlon Way and Village Parkway. The total cost of the
planned widening is $1,410,500, based on the current City of Dublin Capital
Improvement Program. Approximately $679,593 will be funded by other revenue
sources. The remaining$730,907 is applicable to a traffic mitigation fee.
The impact fee for Dublin Boulevard improvements was based on the percent
increase in average daily traffic(ADT)that the project will contribute to that street.
Based on service record information provided by the applicant,it was estimated that
this automobile dealership can be expected to generate 17 daily vehicle trips per
service bay. Therefore,the project expansion of six service bays can be expected to
generate 102 new daily vehicle trips. Auto service related trips are considered to be
primary trips with no pass-by trip reduction.
Future project trips were distributed to/from project driveways and the local street
system based on peak hour driveway counts conducted in October 1990 at Shamrock
Ford and on peak hour turning movement counts conducted at the intersection of
Dublin Boulevard and Amador Plaza Road. Existing p.m.peak turning movement
percentages from the counts were used to distribute future trips through the
intersection. Turning movement analysis is applicable to this study because of the
project's corner location. Also,median restrictions on Dublin Boulevard force some
project related trips to turn onto Amador Plaza Road to gain access to the project C C i 9.
4637 Chabot Drive,Suite 214,Pleasanton,California 94568•(415)463-0611
PLE0.4nNTON•SALFUMFMO•FPE$NO•GCNCL PD ATTACHMENT D
DEC 05 '50 1E:44 TJKM TFAaNSPORTRTION CONSULTRNTSR _ P.S
Mr.Lee Thompson -2- December 5,1990
site. or to make an outbound return trip. Thins nooumed around-the-corn r distribution requires some project related trips to be counted on both Dublin
Boulevard and Amador Plaza Road.
Based on the intersection and driveways analyses,53 percent of future daily project
trips was distributed to Dublin Boulevard. This includes trips that turned at the
intersection. This resulted in a total of 54 new project trips per day on Dublin
Boulevard.
The existing (1990) average daily traffic (ADT) on Dublin Boulevard is
23,765 vehicle per day. Dublin Boulevard is projected to carry an additional
6,335 vehicles by the year 2010 with an ADT of 30,100 vehicles per day. Future
project trips equal 0.85 percent of the traffic increase(54/6,335)and are subject to a
traffic mitigation fee equal to 0.85 percent of the cost to widen Dublin Boulevard
which is$6,212.
rhm
157-001
C/3 2 0
J"ter
CITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date: December 17, 1990
TO: Planning Commission
FROM: Planning Staff WA
PREPARED BY: Ralph Kachadourian, Assistant Planner
SUBJECT: PA 90-101 "Images" Directional Tract Sign
Conditional Use Permit located on the east side
of San Ramon Road.
GENERAL INFORMATION:
PROJECT: Conditional Use Permit renewal request for one
off-site directional tract sign located on the
vacant lot on the east side of San Ramon Road
north of Dublin Boulevard and the Chevron
Service Station.
APPLICANT: Marketshare, Inc.
Doug Millsap
2001 Tarob Court
Milpitas, CA 95035
PROPERTY OWNER: See's Candy
210 El Camino Real
South San Francisco, CA 94080
LOCATION: Vacant lot on the east side of San Ramon Road,
north of Dublin Boulevard and the Chevron
Service Station
ASSESSOR PARCEL NUMBER: 941-305-34
PARCEL SIZE: 1.21+ acres
GENERAL PLAN
DESIGNATION: Retail/Office
DOWNTOWN SPECIFIC
PLAN DESIGNATION: Development Zone 5, San Ramon Road Retail
/4�
COPIES TO: Address File
ITEM NO. **3 A Applicant
Owner
C,iUl.
EXISTING ZONING
AND LAND USE: C-1, Retail Business District
Undeveloped
SURROUNDING LAND USE
AND ZONING: North: Plant Nursery; C-1, Retail Business
South: Service Station; C-1, Retail Business
East: El Pollo Loco, C-1, Retail Business
West: San Ramon right-of-way
ZONING HISTORY:
PA 85-081: On October 21, 1985, the Planning Commission approved Conditional
Use Permit for a Directional Tract Sign (Heritage Commons) for
Diamond Signs.
PA 86-078: On August 18, 1986, the Planning Commission approved Conditional
Use Permit for a Directional Tract Sign (K & B California Vista)
for Sign Technology, Inc.
PA 87-005: On February 17, 1987, the Planning Commission approved Conditional
Use Permit for a Directional Tract Sign (Vista Green) for Diamond
Signs.
PA 87-006: On February 17, 1987, the Planning Commission approved Conditional
Use Permit for Directional Tract Sign (Coral Gate) for Diamond
Signs.
PA 88-058: On June 20, 1988, the Planning Commission approved Conditional Use
Permit for Directional Tract Sign (Kildara) for Diamond Signs.
PA 90-053: On August 20, 1990, the Planning Commission approved Conditional
Use Permit for renewal of existing Directional Tract Sign
(Kildara) for Marketshare, Inc.
PA 90-075: On October 1, 1990, the Planning Commission approved Conditional
Use Permit for Directional Tract Sign for Torrey Pines Subdivision
(Standard Pacific Corporation).
APPLICABLE REGULATIONS:
Section 8-87.60 A) requires the approval of a Conditional Use Permit for
a Directional Tract Sign in any district.
Section 8-94.0 states that conditional uses must be analyzed to
determine: 1) whether or not the use is required by the public need; 2)
whether or not the use will be properly related to other land uses,
transportation and service facilities in the vicinity; 3) whether or not the
use will materially affect the health or safety of persons residing or working
in the vicinity; and 4) whether or not the use will be contrary to the
specific intent clauses or performance standards established for the district
in which it is located.
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0002
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ENVIRONMENTAL REVIEW: This project has been found to be Categorically Exempt
under Section 15301, Class 1(g) of the California Environmental Guidelines
(CEQA). It involves placement of an off premise sign.
NOTIFICATION: Public Notice of the December 17, 1990, hearing was
published in the local newspaper, mailed to adjacent property owners, and
posted in public buildings.
ANALYSIS:
The Applicant is requesting renewal of a Conditional Use Permit
(PA 88-058) to allow the existing Directional Tract Sign for the "Images"
residential development project on the currently undeveloped parcel located on
the east side of San Ramon Road, north of Dublin Boulevard and the Chevron
service station.
The Images residential development is currently being constructed in
three phases. Ahmanson Development has indicated to Staff that they expect
completion of the first phase by Spring 1991. At that time, they plan to
begin construction of the second phase and anticipate completion of the third
and final phase of the development by December 1992.
The existing sign is a 10 foot tall, single faced sign with a total of
32 square feet (4 feet x 8 feet) of sign area identifying the name of the
subdivision and directions for reaching the development. The sign is
perpendicular to San Ramon Road and is setback approximately 20 feet from the
curb face along San Ramon Road.
The undeveloped lot has supported Directional Tract Signs in the past.
Currently there are two signs at this location. One recently approved by the
Commission for Marketshare, Inc. (Kildara) PA 90-053, expires on August 30,
1992, however, this sign may be removed pending the Planning Commissions'
consideration of Kildara's request to place a Directional Tract Sign on the
Tru-Value Hardward Store property on the west side of San Ramon Road. The
second sign located on site is for RGM Advertising (Torrey Pines) PA 90-075,
which will expire on October 1, 1992.
The proposed "Images" Directional Tract Sign is consistent with the
City's Zoning Ordinance in all aspects (size, height, location and sign
content), and has been reviewed by the applicable city departments.
RECOMMENDATION:
FORMAT: 1) Open public hearing and hear Staff presentation.
2) Take testimony from Applicant and the public.
3) Question Staff, Applicant and the public.
4) Close public hearing and deliberate.
5) Adopt resolution approving the Conditional Use Permit, or
give Staff and Applicant direction and continue the
matter.
-3-
ACTION: Staff recommends the Planning Commission adopt the attached
resolution (Exhibit B) approving PA 90-101 "Images" Directional
Tract Sign Conditional Use Permit.
ATTACHMENTS:
Exhibit A: Sign Elevation and Site Plan
Exhibit B: Draft Resolution approving PA 90-101 Conditional Use Permit
Background Attachments:
Attachment 1: Security Deposit Agreement
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OCT 31 1990
�11� t2fl ICI DUBLIN PLANNING
p`C--c— t-- Er MARKETSHARE, INC.
--ip-6-ATC G,• 2001 TAROB COURT
�� MILPITAS, CA 95035
EXHIBIT '
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RESOLUTION NO. 90 -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 90-101 "IMAGES" CONDITIONAL USE PERMIT
FOR CONTINUED USE OF A DIRECTIONAL TRACT SIGN LOCATED ON THE EAST SIDE OF SAN
RAMON ROAD, NORTH OF DUBLIN BOULEVARD ADJACENT TO THE CHEVRON STATION
(APN 941-305-34)
WHEREAS, Doug Millsap, representing Marketshare, Inc., filed an
application for a Conditional Use Permit renewal request to allow an existing
Directional Tract Sign on the east side of San Ramon Road, north of Dublin
Boulevard adjacent to the Chevron Station; and
WHEREAS, the Planning Commission did hold a public hearing on said
application on December 17, 1990; and
WHEREAS, proper notice of said public hearing was given in all respects
as required by law; and
WHEREAS, the application has been reviewed in accordance with the
provisions of the California Environmental Quality Act (CEQA) and was found to
be Categorically Exempt under Section 15301, Class 1(g) of CEQA; and
WHEREAS, the Staff Report was submitted recommending that the application
be conditionally approved; and
WHEREAS, the Planning Commission did hear and consider all said reports,
recommendations and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does
hereby find:
A. The use is required by the public need in that it provides
directional information to the general public for a housing development under
construction, Images Subdivision; Ahmanson Development Inc.
B. The use would be properly related to other land uses and
transportation and service facilities in the vicinity, in that it will be
compatible with surrounding uses.
C. The use, if permitted under all circumstances and conditions of this
particular case, will not materially affect adversely the health or safety of
persons residing or working in the vicinity or be materially detrimental to the
public welfare or injurious to property or improvements in the area, as all
applicable regulations will be met.
D. The use will not be contrary to the specific intent clause or
performance standards established for the district in which it is to be
located, in that conditions have been applied to insure conformance with the
Zoning Ordinance.
1 EXHIBIT 8
nn�
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby
conditionally approve Conditional Use Permit PA 90-101 as shown by materials
labeled "Exhibit A" stamped approved and on file with the Dublin Planning
Department, subject to the following conditions.
CONDITIONS OF APPROVAL
Unless otherwise specified, the following conditions shall be complied with
prior to establishment of use. Each item is subject to review and approval of
the Planning Director unless otherwise specified.
1) PA 90-101 is approved for the placement of a 4 foot x 8 foot
directional tract sign on the vacant lot on the east side of San Ramon Road,
north of Dublin Boulevard and the Chevron Service Station (APN 941-305-34).
The use shall generally conform to the plan submitted with PA 90-101, dated
received October 31, 1990, Exhibit A, on file with the Dublin Planning
Department and subject to conditions of approval.
2) The sign shall have a maximum single-faced area of 32 square feet (a
double faced sign with a maximum area of 32 square feet on each sign face may
be used) and a maximum height of 12 feet.
3) The tract sign shall not obstruct the visibility of motorists,
pedestrians or cyclists. Any relocation of the sign shall be subject to review
and approval by the Planning Director prior to being moved.
4) The Applicant and Property Owner shall keep the site clear of
overgrown weeds, vegetation and trash around the sign and maintain the site in
a well kept manner at all times.
5) This approval shall remain in effect until December 27, 1992, or
until the last lot/unit is sold, whichever occurs first.
6) This Conditional Use Permit approval shall be null and void in the
event the approved sign copy is removed for a consecutive one month period.
7) The Applicant shall remove said sign and the entire sign support
structure upon expiration of this Conditional Use Permit approval.
8) The Applicant shall post a security deposit with the City of Dublin
in the amount of $500 to secure the faithful performance of Condition #7
(removal of sign). The security deposit shall be submitted in a form
acceptable to the City Attorney (see Security Deposit Agreement attached) and
guarantee that these funds will be available and that the instrument of credit
will remain effective until February 27, 1993. An alternate instrument of
credit may be used subject to review and approval by the City Attorney.
9) This Conditional Use Permit shall be subject to Zoning Investigator
review and determination as to compliance with the Conditions of Approval.
10) This permit shall be revocable for cause in accordance with Section
8-90.3 of the Dublin Zoning Ordinance. Any violation of the terms of
conditions of this permit shall be subject to citation.
-2-
CCC8
PASSED, APPROVED AND ADOPTED this 17th day of December, 1990.
AYES:
NOES:
ABSENT:
Planning Commission Chairperson
ATTEST:
Planning Director
-3-
0009
n
SECURITY DEPOSIT AGREEMENT
This Agreement is made on between the City of Dublin
("City") and , ("Applicant").
1. The Applicant has agreed to provide certain on-site and off-site
improvements, including, but not limited to,
as
identified in the Conditions of Approval for
Exhibit A (attached) and approved plans prepared by
consisting of sheets dated received
Said improvements have not yet been completed because
2. Planning Department zoning approval is a pre-requisite for Building
Department final inspection and occupancy.
3. This Agreement provides for the deferment of said improvements on the
site. Said deferment is effective as follows:
All said improvements shall be completed subject to approval of the City
of Dublin Planning, Building and Engineering Departments prior to 5:00
p.m. on
4. The Applicant agrees to submit to the City a security deposit in the
amount of ($ ) in one of the following
forms:
A. Cash
B. Cashier's Check
C. Certificate of Deposit made to the City of Dublin with interest
accruing to the purchaser.
D. An irrevocable Letter of Credit from a federally insured bank or
savings and loan association, in the format specified by the City.
[Secur Deposit/forms] ATTACHMENT
G'vni
E. A passbook savings account where withdrawal is predicated on a
signature by the Dublin City Manager.
5. In the event that said improvements are not completed within the time
frame allowed by this Agreement, the Applicant agrees that, without further
notice to the Applicant, the Planning Director may use some or all of the
security deposit to complete said work.
6. Upon satisfactory completion of said improvements, and at the request of
the Applicant, the City shall release any remaining security deposit.
7. This agreement shall be binding on the heirs, successors, and assigns of
the parties.
APPLICANT: THE CITY OF DUBLIN:
By By
Signature Date Signature Date
Name and Title Name and Title
Organization Represented
[Secur Deposit/forms]
lrvII
CITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date: December 17, 1990
TO: Planning Commission
FROM: Planning Staff ,A 4
PREPARED BY: Ralph Kachadourian, Assistant Planner
SUBJECT: PA 90-102 "Images" Directional Tract Sign
Conditional Use Permit, 11960 Silvergate Drive
GENERAL INFORMATION:
PROJECT: Conditional Use Permit renewal request for one
off-site directional tract sign located at 11960
Silvergate Drive
APPLICANT: Marketshare, Inc.
Doug Millsap
2001 Tarob Court
Milpitas, CA 95035
PROPERTY OWNER: William Foster
8171 Brittany Drive
Dublin, CA 94568
LOCATION: 11960 Silvergate Drive
ASSESSOR PARCEL NUMBER: 941-103-69-1
PARCEL SIZE: 12,305 square feet
GENERAL PLAN
DESIGNATION: Retail/Office
EXISTING ZONING
AND LAND USE: C-N, Neighborhood Business District, Undeveloped
SURROUNDING LAND USE
AND ZONING: North: R-1-B-E, Single Family Residential
Combining District
South: C-N, Neighborhood Business District
Silvergate Drive right-of-way
East: C-N, San Ramon Road right-of-way
West: C-N, Neighborhood Business District
COPIES TO: Address File
ITEM NO.
Applicant
��� Owner
C031
Y1 n
ZONING HISTORY:
PA 86-056: On July 17, 1986, the Planning Commission approved a Conditional
Use Permit for a Directional Tract Sign for Bordeaux Estates for
Diamond Signs PA 86-056.
PA 87-041: On June 15, 1987, the Planning Commission approved a Conditional
Use Permit for a Directional Tract Sign for Diamond Sign Vista
Green PA 87-041.
PA 88-059: On June 20, 1988, the Planning Commission approved Conditional Use
Permit for a Directional Tract Sign for Diamond Signs Kildara PA
88-059.
PA 88-085: On November 7, 1988, the Planning Commission approved a
Conditional Use Permit for a Directional Tract Sign for Diamond
Signs Images.
PA 90-054: On August 20, 1990, the Planning Commission approved a Conditional
Use Permit for a Directional Tract Sign for Marketshare, Inc.,
Kildara Subdivision.
APPLICABLE REGULATIONS:
Section 8-87.60 A) requires the approval of a Conditional Use Permit for
a Directional Tract Sign in any district.
Section 8-94.0 states that conditional uses must be analyzed to
determine: 1) whether or not the use is required by the public need; 2)
whether or not the use will be properly related to other land uses,
transportation and service facilities in the vicinity; 3) whether or not the
use will materially affect the health or safety of persons residing or working
in the vicinity; and 4) whether or not the use will be contrary to the
specific intent clauses or performance standards established for the district
in which it is located.
ENVIRONMENTAL REVIEW: This project has been found to be Categorically Exempt
under Section 15301, Class 1(g) of the California Environmental Guidelines
(CEQA). It involves placement of an off premise sign.
NOTIFICATION: Public Notice of the December 17, 1990, hearing was
published in the local newspaper, mailed to adjacent property owners, and
posted in public buildings.
ANALYSIS:
The Applicant is requesting renewal of Conditional Use Permit PA 88-085
to allow the existing Directional Tract Sign for the "Images" Subdivision on
the currently undeveloped parcel located at the northwest corner of San Ramon
Road and Silvergate Drive.
-2-
0002
r1 r1
The Images residential development is currently being constructed in
three phases. Ahmanson Development has indicated to Staff that they expect
completion of the first phase by Spring 1991. At that time, they plan to
begin construction of the second phase and anticipate completion of the third
and final phase of the development by December 1992.
The existing sign is 10 feet tall, single faced with a total of 32
square feet (4 feet x 8 feet) of sign area identifying the name of the
subdivision and directions for reaching the development. The sign is
perpendicular to San Ramon Road and is setback approximately 75 feet from both
the south and east side property lines. There is currently a similar sign
approved on this site for the "Kildara" development.
The undeveloped lot has supported other Directional Tract Signs in the
past. The proposed sign is consistent with the City's Zoning Ordinance in all
aspects (size, height, location and sign content), and has been reviewed by
other city departments.
RECOMMENDATION:
FORMAT: 1) Open public hearing and hear Staff presentation.
2) Take testimony from Applicant and the public.
3) Question Staff, Applicant and the public.
4) Close public hearing and deliberate.
5) Adopt resolution approving the Conditional Use Permit, or
give Staff and Applicant direction and continue the
matter.
ACTION: Staff recommends the Planning Commission adopt the attached
resolution (Exhibit B) approving PA 90-102 "Images" Directional
Tract Sign Conditional Use Permit.
ATTACHMENTS:
Exhibit A: Sign Elevation Site Plan
Exhibit B: Draft Resolution approving PA 90-102 Conditional Use Permit
Background Attachments:
Attachment 1: Security Deposit Agreement
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DUBLIN PLANNING
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'1-GC-A"rC ' 2001 TAROB COURT
ri MILPITAS, CA 95035
EXHIBIT
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RESOLUTION NO. 90 -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 90-102 "IMAGES" CONDITIONAL USE PERMIT
FOR CONTINUED USE OF A DIRECTIONAL TRACT SIGN LOCATED
AT 11960 SILVERGATE DRIVE
WHEREAS, Doug Millsap, representing Marketshare, Inc., filed an
application for a Conditional Use Permit renewal request to allow an existing
Directional Tract Sign at 11960 Silvergate Drive; and
WHEREAS, the Planning Commission did hold a public hearing on said
application on December 17, 1990; and
WHEREAS, proper notice of said public hearing was given in all respects
as required by law; and
WHEREAS, the application has been reviewed in accordance with the
provisions of the California Environmental Quality Act (CEQA) and was found to
be Categorically Exempt under Section 15301, Class 1(g) of CEQA; and
WHEREAS, the Staff Report was submitted recommending that the application
be conditionally approved; and
WHEREAS, the Planning Commission did hear and consider all said reports,
recommendations and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does
hereby find:
A. The use is required by the public need in that it provides
directional information to the general public for a housing development under
construction, Images Subdivision; Ahmanson Development Inc.
B. The use would be properly related to other land uses and
transportation and service facilities in the vicinity, in that it will be
compatible with surrounding uses.
C. The use, if permitted under all circumstances and conditions of this
particular case, will not materially affect adversely the health or safety of
persons residing or working in the vicinity or be materially detrimental to the
public welfare or injurious to property or improvements in the area, as all
applicable regulations will be met.
D. The use will not be contrary to the specific intent clause or
performance standards established for the district in which it is to be
located, in that conditions have been applied to insure conformance with the
Zoning Ordinance.
l _ EXH ,;,
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby
conditionally approve Conditional Use Permit PA 90-102 as shown by materials
labeled "Exhibit A" stamped approved and on file with the Dublin Planning
Department, subject to the following conditions.
CONDITIONS OF APPROVAL
Unless otherwise specified, the following conditions shall be complied with
prior to establishment of use. Each item is subject to review and approval of
the Planning Director unless otherwise specified.
1) PA 90-102 is approved for the placement of a 4 foot x 8 foot
directional tract sign at 11960 Silvergate Drive. The use shall generally
conform to the plan submitted with PA 90-102, dated received October 31, 1990,
Exhibit A, on file with the Dublin Planning Department and subject to
conditions of approval.
2) The sign shall have a maximum single-faced area of 32 square feet (a
double faced sign with a maximum area of 32 square feet on each sign face may
be used) and a maximum height of 12 feet.
3) The tract sign shall not obstruct the visibility of motorists,
pedestrians, or cyclists. Any relocation of the sign shall be subject to
review and approval by the Planning Director prior to being moved.
4) The Applicant and Property Owner shall keep the site clear of
overgrown weeds, vegetation and trash around the sign and maintain the site in
a well kept manner at all times.
5) This approval shall remain in effect until December 27, 1992, or
until the last lot/unit is sold, whichever occurs first.
6) This Conditional Use Permit approval shall be null and void in the
event the approved sign copy is removed for a consecutive one month period.
7) The Applicant shall remove said sign and the entire sign support
structure upon expiration of this Conditional Use Permit approval.
8) The Applicant shall post a security deposit with the City of Dublin
in the Amount of $500 to secure the faithful performance of Condition #7
(removal of sign). The security deposit shall be submited in a form acceptable
to the City Attorney (see Security Deposit Agreement attached) and guarantee
that these funds will be available and that the instrument of credit will
remain effective until February 27, 1993. An alternate instrument of credit
may be used subject to review and approval by the City Attorney.
9) This Conditional Use Permit shall be subject to Zoning Investigator
review and determination as to compliance with the Conditions of Approval.
10) This permit shall be revocable for cause in accordance with Section
8-90.3 of the Dublin Zoning Ordinance. Any violation of the terms of
conditions of this permit shall be subject to citation.
-2-
CCC7
PASSED, APPROVED AND ADOPTED this 17th day of December, 1990.
AYES:
NOES:
ABSENT:
Planning Commission Chairperson
ATTEST:
Planning Director
3 C038
SECURITY DEPOSIT AGREEMENT
This Agreement is made on between the City of Dublin
("City") and , ("Applicant").
1. The Applicant has agreed to provide certain on-site and off-site
improvements, including, but not limited to,
as
identified in the Conditions of Approval for
Exhibit A (attached) and approved plans prepared by
consisting of sheets dated received
Said improvements have not yet been completed because
2. Planning Department zoning approval is a pre-requisite for Building
Department final inspection and occupancy.
3. This Agreement provides for the deferment of said improvements on the
site. Said deferment is effective as follows:
All said improvements shall be completed subject to approval of the City
of Dublin Planning, Building and Engineering Departments prior to 5:00
p.m. on
4. The Applicant agrees to submit to the City a security deposit in the
amount of ($ ) in one of the following
forms:
A. Cash
B. Cashier's Check
C. Certificate of Deposit made to the City of Dublin with interest
accruing to the purchaser.
D. An irrevocable Letter of Credit from a federally insured bank or
savings and loan association, in the format specified by the City.
[Secur Deposit/forms] ATTACHMENT j
00'9
,
•
E. A passbook savings account where withdrawal is predicated on a
signature by the Dublin City Manager.
5. In the event that said improvements are not completed within the time
frame allowed by this Agreement, the Applicant agrees that, without further
notice to the Applicant, the Planning Director may use some or all of the
security deposit to complete said work.
6. Upon satisfactory completion of said improvements, and at the request of
the Applicant, the City shall release any remaining security deposit.
7. This agreement shall be binding on the heirs, successors, and assigns of
the parties.
APPLICANT: THE CITY OF DUBLIN:
By By
Signature Date Signature Date
Name and Title Name and Title
Organization Represented
[Secur Deposit/forms]
CITY OF UBLIN
PLANNING/COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date: December 17, 1990
TO: Planning Commission
FROM: Planning Staff t,O�I.t
AZC
PREPARED BY: Carol R. Cirelli, Associate Planner
SUBJECT: PA 90-081 United Hands Environmental Center
Conditional Use Permit/Site Development
Review
GENERAL INFORMATION:
PROJECT: The Applicant is requesting a Conditional Use
Permit and Site Development Review to operate
a recycling facility and food distribution
center, to limit the office uses permitted on
the site, and to allow outdoor storage and
exterior site modifications at 6488 Sierra
Court.
APPLICANT: William Moss
United Hands Environmental Center
6488 Sierra Court
Dublin, CA 94568
PROPERTY OWNER: Irving Betz & Sam Genirberg
2520 College Avenue
Berkeley, CA 94704
LOCATION: 6488 Sierra Court
ASSESSOR PARCEL: 941-205-11
ANALYSIS:
Staff is recommending continuance of this item to the
January 7, 1990 Planning Commission meeting in order for Staff to
receive written authorization from the Property Owners regarding
the Applicant's Conditional Use Permit and Site Development
Review request to operate a recycling facility, food distribution
center and outdoor storage.
Staff met with the Applicant and both Property Owners in
October to discuss the Applicant's request to occupy parking
spaces for Outdoor storage. The Property Owners at that time
g-� � `" COPIES TO: Applicant
ITEM NO. �• Owner
Address File
J nn
vI
were in concurrence with the Applicant's proposal for outdoor
storage and had no objection with the operation of the recycling
facility.
After receiving a copy of a letter on November 20, 1990,
from one of the tenants of the building complaining about the
operation of the recycling facility, and noticing that the
project file did not contain any written statement from the
Property Owners authorizing the Applicant to apply for
Conditional Use Permit and Site Development Review approval,
Staff determined that it was necessary to receive written
authorization from the Property Owners.
The Property Owners were contacted by Staff on December 4
and 6, 1990. On December 12th, the Property Owners informed
Staff of some of their concerns with the operation of the
recycling facility and outdoor storage. The Property Owners may
not allow the outdoor storage of recyclable material in truck
trailers and bins and they will not allow the Applicant to accept
used motor oil for recycling purposes. The Property Owners were
not prepared at that time to give written authorization to allow
outdoor storage and to continue the operation of the recycling
facility. Staff cannot continue to process the project until
written authorization from the Property Owners is received.
The Applicant has been informed of the Property Owner's
concerns and Staff's recommendation to continue the item. Staff
will continue to work closely with the Applicant and the Property
Owners to resolve these matters.
Since this item was noticed for the December 17th Planning
Commission public hearing, Staff recommends the commission open
the public hearing, hear the Staff presentation, accept any
public testimony, and continue the item to the January 7th
Planning Commission meeting.
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