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HomeMy WebLinkAboutPC Reso 12-36 Citibank Landscape SDR RESOLUTION NO. 12 - 36 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING SITE DEVELOPMENT REVIEW FOR THE REMOVAL OF FOUR PINE TREES, AND THE INSTALLATION OF NEW LANDSCAPING AND SITE IMPROVEMENTS AT THE CITIBANK FINANCIAL CENTER AT 7889 DUBLIN BOULEVARD (APN 941-0035-018-00) PLPA-2012-00034 WHEREAS, Mike Wasden of Pavement Engineering Inc. (Applicant) and Micah Stevens of Citibank (Property Owner), have requested Site Development Review approval for the removal of four pine trees, and the installation of new landscaping and site improvements (the "Project"); and WHEREAS, the Project is located in the Downtown Dublin Zoning District, and has a General Plan and Downtown Dublin Specific Plan Land Use designation of Downtown Dublin- Retail District, and which permits Banks and Financial Services uses; and WHEREAS, in accordance with Section 8.30.040 of the Dublin Municipal Code, Site Development Review is required for all development in the Downtown Dublin Zoning District; and WHEREAS, in accordance with Section 8.96.020.C.1 of the Dublin Municipal Code, the Director of Community Development may transfer original hearing jurisdiction to the Planning Commission at his/her discretion because of policy implications, unique or unusual circumstances, or the magnitude of the project; and WHEREAS, said original hearing jurisdiction was transferred to the Planning Commission by the Director of Community Development due to the size, age, and prominent location of the trees proposed for removal; and WHEREAS, the California Environmental Quality Act (CEQA), together with State Guidelines and City Environmental Regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, pursuant to the CEQA, Staff is recommending that the Planning Commission find this project Categorically Exempt from CEQA, pursuant to CEQA Guidelines Section 15301 (Existing Facilities involving negligible or no expansion of an existing use); and WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission recommending approval of the Site Development Review request; and WHEREAS, the Planning Commission held a public hearing on said application on September 25, 2012 at which time all interested parties had the opportunity to be heard; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project. NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission does hereby make the following findings and determinations regarding the Site Development Review: A. The proposal is consistent with the purposes of Chapter 8.104 (Site Development Review), with the General Plan and with any applicable Specific Plans and Design Guidelines in that: 1) the Project is well designed in relation to the adjoining commercial property with which it shares driveway access; 2) the Project will include the removal of mature trees that are a danger to persons and property, and replace them with new trees and landscaping that are more appropriate in scale; and 3) the Project will repair and improve the site in terms of the parking lot, driveways, and accessibility. B. The proposal is consistent with the provisions of Title 8, Zoning Ordinance in that: 1) Banks and Financial Services are a permitted use in the Downtown Dublin Zoning District; 2) the Project requires Site Development Review and a complete application has been filed; and 3) the overall design of the Project includes plant material that is consistent with and complementary to surrounding properties. C. The design of the project is appropriate to the City, the vicinity, surrounding properties, and the lot in which the project is proposed in that: 1) the Project has been designed with landscaping that complements the adjoining commercial property; 2) the Project will result in landscaping that is more appropriately scaled to the site; and 3) adequate access to the site is provided from shared driveways on Dublin Boulevard and Regional Street. D. The subject site is physically suitable for the type and intensity of the approved development in that: 1) the site has been designed for Banks and Financial Services uses; 2) access to the site is provided from Dublin Boulevard and Regional Street, which are existing roadways; 3) the proposed landscaping modifications and related site improvements result in no expansion of the use; and 4) the proposed replacement landscaping will be appropriately sized for the existing landscape planters. E. Impacts to existing slopes and topographic features are addressed in that: 1) the Project is located on a fully developed site that is generally flat. F. Architectural considerations including the character, scale and quality of the design, site layout, the architectural relationship with the site and other buildings, screening of unsightly uses, lighting, building materials and colors and similar elements result in a project that is harmonious with its surroundings and compatible with other development in the vicinity in that: 1) the Project has been designed with landscaping that complements the adjacent and surrounding commercial properties; 2) the Project will provide landscaped buffers along the perimeter of the parking area; and 3) the Project will result in landscaping that is appropriately scaled to the site. 2 of 7 G. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, and similar elements have been incorporated into the project to ensure visual relief, adequate screening and an attractive environment for the public in that: 1) the Project has been designed with landscaping that complements the adjoining and surrounding commercial properties; 2) the Project will result in landscaping that is appropriately scaled to the site; and 3) the Project includes a variety of tree and plant species that will create a visually attractive buffer around the parking area perimeter. H. The site has been adequately designed to ensure proper circulation for bicyclists, pedestrians and automobiles in that: 1) access to the site is currently provided from driveways on Dublin Boulevard and Regional Street; 2) removal of the four pine trees will reduce the risk of damage or injury, and facilitate circulation; and 3) the Project consists of site improvements that include new pavement and walkway surfaces, and the installation of detectable warning surfaces at parking lot edges. BE IT FURTHER RESOLVED that the Planning Commission does hereby approve a Site Development Review for the Citibank Financial Center project at 7889 Dublin Boulevard as shown on the Project Plans date-stamped received by Dublin Planning on August 21, 2012, and incorporated herein by reference, subject to the following Conditions of Approval: 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 Division review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [PL] Planning; [B] Building; [PO] Police; [PW] Public Works; [ADM] Administration/City Attorney; [FIN] Finance; [PCS] Parks and Community Services; [F] Dublin Fire Prevention; [DSR] Dublin San Ramon Services District; [LDD] Livermore Dublin Disposal; [CO] Alameda County Department of Environmental Health; [Zone 7] Alameda County Flood Control and Water Conservation District, Zone 7; [LAVTA] Livermore Amador Valley Transit Authority; and [CHS] California Department of Health Services. NO. When CONDITIONS OF APPROVAL Agency Required, Source Prior to: GENERAL 1. Approval. This Site Development Review PL On-going Standard approval is for the removal of four (4) pine trees, and associated replacement landscape and site improvements at 7889 Dublin Boulevard PLPA-2012-00034. This approval shall be as generally depicted and indicated on the plans prepared by Pavement Engineering Inc. dated received August 21, 2012, on file in the Community Development Department and as specified by the following Conditions of Approval for this project. 3 of 7 2. Effective Date. This Site Development PL On-going Standard Review approval becomes effective 10 days after action by the Planning Commission (10 days after the date of this Resolution). 3. Permit Expiration. Construction or use PL One year of DMC shall commence within one (1) year of Permit approval date 8.96.020.D approval or the Permit shall lapse and become null and void. Commencement of construction or use means the actual construction or use pursuant to the Permit approval or demonstrating substantial progress toward commencing such construction or use. If there is a dispute as to whether the Permit has expired, the City may hold a noticed public hearing to determine the matter. Such a determination may be processed concurrently with revocation proceedings in appropriate circumstances. If a Permit expires, a new application must be made and processed according to the requirements of this Ordinance. 4. Time Extension. The original approving PL One year of DMC decision-maker may, upon the Applicant's approval date 8.96.020.E written request for an extension of approval prior to expiration, and upon the determination that any Conditions of Approval remain adequate to assure that applicable findings of approval will continue to be met, grant a time extension of approval for a period not to exceed six (6) months. All time extension requests shall be noticed and a public hearing or public meeting shall be held as required by the particular Permit. 5. Modifications (SDR). Modifications or PL On-going DMC changes to this Site Development Review 8.104 approval may be considered by the Community Development Director if the modifications or changes proposed comply with Section 8.104 of the Zoning Ordinance. 6. Revocation of Permit. The Site PL On-going DMC Development Review approval shall be 8.96.020.1 revocable for cause in accordance with Section 8.96.020.1 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. 7. Property Maintenance. The Applicant PL Completion DMC and/or Property Owner shall keep the and On-going 5.64 4 of 7 property maintained in a safe, clean and litter-free condition at all times. 8. Requirements and Standard Conditions. Various Issuance of Standard The Applicant/ Developer shall comply with Building applicable City of Dublin Fire Prevention Permits Bureau, Dublin Public Works Department, Dublin Building Division, Dublin Police Services, Alameda County Flood Control District Zone 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Department of Health Services requirements and standard conditions. Prior to issuance of building permits or the installation of any improvements related to this project, the Developer shall obtain any necessary permits or approvals provided from each such agency or department. 9. Fees. The Developer shall pay all applicable Various Issuance of Standard fees in effect at the time of building permit Building issuance including, but not limited to, Permits and Planning fees, Building fees, Dublin San Ongoing Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees, Public Works Traffic Impact fees, City of Dublin Fire Services fees; Noise Mitigation fees, Inclusionary Housing In-Lieu fees; Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees. 10. Hold Harmless/Indemnification. The ADM Through Standard Developer shall defend, indemnify, and hold Completion harmless the City of Dublin and its agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that the Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's 5 of 7 promptly notifying the Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings 11. Controlling Activities. The Applicant / PL On-going Standard Developer shall control all activities on the project site so as not to create a nuisance to the existing or surrounding businesses. PLANNING 12. Final Inspection. The Applicant shall call for PL Completion Planning a Final Inspection from the Planning Division upon completion of the Project. 13. Arborist's Report. The Applicant shall PL Removal of Planning obtain and provide to the Community trees and Development Department, an arborist's issuance of report documenting the health and overall Public Works structural integrity of the 48-inch diameter Site Work Italian Stone Pine located at the northwest Permit corner the Project site. 14. Maintenance of Landscaping. All on-site PL On-going Planning landscaping shall be irrigated, fertilized, weeded, and tended to on a regular basis such that it maintains a healthy and weed- free appearance. All plants and/or trees shall be replaced in kind as per the approved plan at such time they are found to be missing, diseased, damaged, or dead. 15. Visual Surveillance/Security. All new PL Completion Planning shrubs and trees, at maturity, shall be and On-going maintained to provide visual surveillance and so as not to interfere with lighting or security cameras. A maximum height of 2-feet for shrubs and a minimum tree canopy height of 6-feet shall be maintained at all times. PUBLIC WORKS 16. Standard Public Works Conditions of PW Prior to Public Approval. Applicant/Developer shall comply Approval of Works with all applicable City of Dublin Public Improvement Works Standard Conditions of Approval Plans (attached as Exhibit A). In the event of a conflict between the Public Works Standard Conditions of Approval and these Conditions, these Conditions shall prevail. 6 of 7 PASSED, APPROVED AND ADOPTED this 25th day of September 2012 by the following vote: AYES: Wehrenberg, O'Keefe, Schaub, Brown, Bhuthimethee NOES: ABSENT: ABSTAIN: P a'nning Commission Chair ATTEST: �-- Acting om nity Development Director 7 of 7 . 4 SHOPPING CENTER DRIVEWAY r4 6' j- 60 1 zr C _ ,, ,_ _ Aso•....,, ■, . 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