HomeMy WebLinkAboutItem 6.1 MorganStonesLubeAppeal
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CITY CLERK
File # Dfl][2][Q]-b3][Q]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: October 20,1998
SUBJECT:
EXHIBITS ATTACHED: 1.
.
RECOMMENDATION: 1.
2.
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5.
PUBLIC HEARING: Consideration of Appeal of the Planning Commission
Denial ofPA 98-046, Morgan Stone's Lube en' Latte,
Conditional Use Permit and Site Development Review
(Report Prepares by: Anne Kinney, Assistant Planner)
2.
Letter Received September 29, 1998, Appealing Planning
Commission Decision of September 22, 1998.
Resolution Affirming Planning Commission Decision of
September 22, 1998.
Resolution Reversing Planning Commission Decision of September
22, 1998.
Planning Commission Staff Report dated September 22, 1998, with
attachments.
Planning Commission Minutes for September 22, 1998
3.
4.
5.
Open public hearing and hear Staff presentation
Take testimony from the Applicant and public
Question Staff, Applicant and public
Close Public Hearing and Deliberate
Options for Action:
A. Adopt Resolution (Exhibit 2) Affirming the Planning
Commission Decision of September 22, 1998
B. Adopt Resolution (Exhibit 3) Reversing the Planning
Commission Decision of September 22, 1998
FINANCIAL STATEMENT: None
: PROJECT DESCRIPTION:
The Applicant, Morgan Stone is requesting approval of a Conditional Use Permit and Site Development
review to allow the operation and construction of a 4,344 square foot drive-through auto service providing
oil changing services and routine car maintenance. The business will also offer customers a
lounge/waiting area where coffee and bakery goods may be purchased. Hours of operation would be from
7:00 a.m. until 7:00 p.m. Monday through Sunday.
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COPIES TO:
Morgan Stone, Applicant
Imer Baker, Property Owner
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ITEM NO.
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The project presents a well designed building which takes advantage of the site's location at the
intersection of two major roadways and develops a parcel that has been vacant. Staffhas worked with the
Applicant to design a workable site plan given the property's size and shape. The project meets the .
minimum requirements of the Dublin Zoning Ordinance and is consistent with the Dublin General Plan
and the Downtown Dublin Specific Plan. A copy of the Planning Commission staff report for September
22, 1998, is attached as Exhibit 4, in which staff recommended approval of the project.
BACKGROUND
Plalllzitzg Commission Meeting
The item was heard before the J:>lanning Commission at a public hearing on September 22, 1998. A
motion to approve the project was opposed by Commissioners, Jennings, Oravetz and Musser, on a 2-3
vote the motion failed for lack of a majority apd the project was denied. A copy of the Minutes from the
public hearing are attached as Exhibit 5.
On September 29, 1998, the Applicant filed a written appeal from the Planning Commission's decision
(Refer to Exhibit 1 for a copy of the appeal letter).
City Council Action:
Under the City Zoning Ordinance, the City Council may affirm, affirm in part, or reverse the action of the
Planning Commission, based upon findings of fact. Findings shall identify the reasons for the action on
the appeal, and verify the compliance or non-compliance of the subject of the appeal with the provisions
of the Appeals Chapter of the Zoning Ordinance. The City Council may adopt additional conditions of
approval that address the specific subject of the appeal.
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CONCLUSION:
Based upon the Planning Commission Staff Report and Minutes for the September 22, 1998, public
hearing, staff requests that the City Council evaluate the proposed project and either affirm or reverse the
action of the Planning Commission.
RECOMMENDATION:
Staff recommends that the City Council conduct a public meeting, deliberate, and either (1) adopt
Resolution (Exhibit 2) Affirming the Planning Commission action on September, 1998 to deny the project
or (3) adopt Resolution (Exhibit 3) Reversing the Action of the Planning Commission, thereby approving
the project.
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DanvilIe, CA 94526 . .
Phone ( 925 ) 837-8504
Fa.x ( 925 ) 837-2559
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September 28, 1998
DUBliN P:.t\i..jN:~~G
Kay Keck
City of Dublin
100 Civic Plaza
P.O. Box 2340
Dublin, CA 94568
RECEIVED
- - S EP 2 ~ 1998
ClTY Ur UUBLIN
Re: Morgan Stone's Lube en' Latte CUP application Appeal, Plarming Application # PA 98-046.
Dear Ms. Keck,
I am the applicant for the above referenced matter and would like to appeal the Planning
Commission's denial of the application to the City Council.
The particular use for which I applied meets all the requirements for this location and the
. Commission's decision to deny is unfounded.
Sincerely,
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Morgan H. Stone
EXHIBIT 1
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RESOLUTION NO. 98-
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN
AFFIRMING THE ACTION OF THE PLANNING COMMISSION REGARDING P A 98-046
MORGAN STONE'S LUBE 'N' LA TTE, 'CONDITIONAL USE PERMIT AND SITE
DEVELOPMENT REVIEW FOR A 4,344 SQUARE FOOT DRIVE-THROUGH AUTO
BUSINESS PROVIDING OIL CHANGING,
ROUTINE CAR MAINTENANCE AND COFFEE BAR SERVICE
AT 737S-VILLAGE PARKWAY.
WHEREAS, the Applicant, Morgan Stone has requested approval of a Conditional Use Permit
and Site Development Review for a 4, 344 square foot drive-through auto business providing oil
changing, routine car maintenance and coffee bar service at 7375 Village Parkway in a C-N
Neighborhood Commercial Zoning District; and
WHEREAS, the California Environmental Quality Act (CEQA), together with the State
guidelines and City environmental regulations require that certain projects be reviewed for
environmental impact and that environmental documents be prepared; and
WHEREAS, an Initial Study found that the project would not have an adverse impact on the .
environment; and
WHEREAS, a Negative Declaration has been prepared for this project and is on file in the
Dublin Planning Department; and
WHEREAS, the Planning Commission held a properly noticed public hearing on said
application on September 22, 1998; and did deny pA98-046 Morgan Stone's Lube en' Latte Conditional
Use Permit and Site Development Review; and
WHEREAS, the Applicant, Morgan Stone has appealed the decision of the Planning
Commission to the City Council; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law;
and
WHEREAS, the Staff Report was submitted recommending that the City Council make a
determination based on the provisions of the Appeal Chapter of the Zoning Ordinance; and
WHEREAS, the City Council did hear and consider all said reports, recommendations and
testimony hereinabove set forth and used their independent judgment to make a decision; and
.
EXHIBIT 2
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NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does find that:
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A.
The proposed use would provide an over-concentration of auto-oriented uses at the intersection
of two main arterial streets where existing businesses provide similar services to Dublin
residents.
B. The proposed use would provide an over-concentration of drive-through uses at the intersection
of two main arterial streets in downtown Dublin. There are five existing drive-through
businesses at this intersection which provide, fast-food and auto-oriented services.
C. The appeal of the Planning Commission decision to deny PA 98-046 Lube en' Latte Conditional
Use Permit and Site Development Review comnlies with the provisions of Chapter 8.136
"Appeals" ofthe Dublin Zoning Ordinance because the appeal public hearing was properly held
and noticed.
BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby affirm the September
22, 1998, decision of the Planning Commission regarding PA 98-046 Lube en' Latte Conditional Use
Permit and Site Development Review at 7375 Village Parkway.
. PASSED, APPROVED AND ADOPTED this 20th day of October, 1998.
AYES:
NOES:
ABSTAIN:
ABSENT:
Mayor
ATTEST:
City Clerk
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RESOLUTION NO. 98-
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN
REVERSING THE ACTION OF THE PLANNING COMMISSION REGARDING
PA 98-046 MORGAN STONE'S LUBE 'N' LATTE, CONDITIONAL USE PERMIT, SITE
DEVELOPMENT REVIEW AND ADOPTION OF A NEGATIVE DECLARATION FOR A
4,344 SQUARE FOOT DRIVE-THROUGH AUTO BUSINESS PROVIDING OIL CHANGING,
ROUTINE CAR MAINTENANCE AND COFFEE BAR SERVICE
AT 7375 VILLAGE PARKWAY.
WHEREAS, the Applicant, Morgan Stone has requested approval of a Conditional Use Permit
and Site Development Review for a 4, 344 square foot drive-through auto business providing oil
changing, routine car maintenance and coffee bar service at 7375 Village Parkway in a C-N
Neighborhood Commercial Zoning District; and
WHEREAS, the California Environmental Quality Act (CEQA), together with the State
guidelines and City environmental regulations require that certain projects be reviewed for
environmental impact and that environmental documents be prepared; and
WHEREAS, an Initial Study found that the project would not have an adverse impact on the
environment; and
.
WHEREAS, a Negative Declaration has been prepared for this project and is on file in the
Dublin Planning Department; and
WHEREAS, the Planning Commission held a properly noticed public hearing on said
application on September 22, 1998; and did deny PA 98-046 Morgan Stone's Lube en' Latte Conditional
Use Permit and Site Development Review; and
WHEREAS, the Applicant, Morgan Stone has appealed the decision of the Planning
Commission to the City Council; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law;
.' and
WHEREAS, the Staff Report was submitted recommending that the City Council make a
determination based on the provisions of the Appeal Chapter of the Zoning Ordinance; and
WHEREAS, the City Council did hear and consider all said reports, recommendations and
testimony hereinabove set forth and used their independent judgment to make a decision; and .
EXHIBIT 3
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NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby
make the following findings and determinations regarding said proposed Conditional Use Permit:
A. The Negative Declaration is adequate and in compliance with State law.
B. The proposed use is compatible with other land uses, transportation and service facilities in the
vicinity because the proposed use will be located in an area designated for commercial, office
and retail uses in downtown Dublin at the intersection of two main arterial streets.
C. The proposed use will not adversely affect the health or safety of persons residing or working in
the vicinity, and will not be detrimental to the public health, safety and welfare because all City
and Alameda County regulations and conditions-will be met:
D. The use will not be injurious to property or improvements in the neighborhood because the
Applicant has agreed to mitigate off-site traffic and circulation impacts by the voluntary payment
of$7,616 for street improvements.
E. There are adequate provisions for public access, water, sanitation, and public utilities and
services to ensure that the proposed use and related structures would not be detrimental to the
public health, safety, and welfare.
F.
The subject site is physically suitable for the type, density and intensity ofthe use and related
structures being proposed.
G. The proposed use is not contrary to the specific intent clauses, development regulations, and
performance standards established for the C-N zoning district which encourages new
development of small scale, low intensity uses in proximity to residential neighborhoods.
Conditions of approval will ensure ongoing compatibility with adjacent commercial and
residential uses.
H. The proposed use is consistent with the Dublin General Plan and Downtown Dublin Specific
Plan.
I. The appeal of the Planning Commission decision to deny PA 98-046 Lube en' Latte Conditional
Use Permit and Site Development Review complies with the provisions of Chapter 8.136
"Appeals" of the Dublin Zoning Ordinance because the appeal public hearing was properly held
and noticed.
NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE Dublin City Council does
hereby make the following findings and determinations regarding said proposed Site Development
Review:
A.
The approval of this Site Development Review application is consistent with the intent and
purpose of Dublin Zoning Ordinance Section 8.104, SITE DEVELOPMENT REVIEW, because
the project it is compatible with the .site and surrounding properties.
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B. The approval of this application, as conditioned, complies with the Retail/Office designation of .
the General Plan, the Downtown Dublin Specific Plan designation 'Zone 10: Village Parkway
Mixed Uses', the C-N Neighborhood Commercial Zoning District as well as with all other
requirements of the Zoning Ordinance because a drive-through auto business is a conditionally
permitted use in such designation and zone. -
C. The approval of the Site Development Review application, as conditioned, will not adversely
affect the health or safety of persons residing or working in the vicinity, or be detrimental to the
public health, safety and general welfare because the construction of the building will conform to
all laws and regulations and because -it will provide a new auto-related commercial use for the
City.
D. The approved site development, including site layout, structures, vehicular access, circulation
and parking, setbacks, height, walls, public safety and similar elements has been designed to
provide a desirable environment for the development.
E. The subject site is physically suitable for the type and intensity of the approved development
because it is graded and level.
F. Impacts to views are addressed because the site is level and no views could be interrupted.
G.
Impact to existing slopes and topographic features are addressed because the site is level and
there are not topographic features.
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H. Architectural considerations, including the character, scale and quality of the design, the
architectural relationship with the site and other buildings, building materials and colors,
screening of exterior appurtenances, exterior lighting, and similar dements have been
incorporated into the project and as conditions of approval in order to insure the compatibility of
the development with the development's design concept or theme and the character of adjacent
buildings, neighborhoods and uses.
1. Landscape considerations, including the locations, type, size, color, texture and coverage of plant
materials, provisions and similar elements have been considered to insure visual relief and an
attractive environment for the public.
BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby approve the
Conditional Use Permit and Site Development Review for PA 98-046 Morgan Stone's Lube 'N' Latte,
subject to the following Conditions of Approval. This approval shall be generally depicted on the plans
with notations, labeled Exhibit 2, consisting of five (5) sheets (Site/landscaping/floor plans, grading and
survey plans, dated received June 19, 1998) and (elevations and roof plans, dated received July 29,
1998) prepared by planHOUSE, Architecture/Energy AnalysisIPlanning, and color elevations and
material board, stamped approved and on file with the Dublin Planning Department, subject to
compliance with the following conditions of approval:
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CONDITIONS OF APPROVAL
Unless stated othenvise, all Conditions of Approval shall be complied with prior to the issuance of
building permits or establishment of use, and shall be subject to Planning Department review and
approval. The following codes represent those departments/agencies responsible for monitoring
compliance of the conditions of approval. [PL] Planning, [B] Building, [PO] Polic-e~ [PW] Public
Works, [ADM] Administration/City Attorney, [FIN] Finance, [PR] Parks & Recreation, [F] .
Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [CO] Alameda
County.
GENERAL CONDITIONS
1. Approval: PA 98-046 Morgan Stone's Lube en' Latte is approved for the operation,
construction, layout, and design of an 4,344 square foot drive-through auto business providing
oil changing, routine car maintenance and coffee bar service, as generally depicted on the plans
with notations, labeled Exhibit 2, consisting of three (3) sheets, prepared by planHOUSE, dated
received June 19, 1998; two (2) sheets, prepared by planHOUSE, dated received July 29, 1998;
and a color and materials board, dated received June 19, 1998, stamped approved and as
specified by the following Conditions of Approval for this project. [PL]
2. Period of approval. This approval shall be null and void in the event the approved use fails to
be established within one year, or ceases to operate for a continuous one-year period. [PL]
Hours of operation. Hours of operation for the drive-through auto business shall be from 7:00
a.m. to 7:00 p.m. Monday through Sunday. [PL]
4. Noise/nuisances. The Applicant shall control all activities on the site so as not to create a
nuisance to the existing or surrounding businesses or residents. No loudspeakers or amplified
music shall be permitted to project or be placed outside of the building. [PL, PO]
5. Maintenance. The Applicant shall be responsible for maintaining the premises in a safe, clean-
and litter-free conditions at all times. The Applicant shall be responsible for cleaning up and
disposing of the business generated trash and litter on-site and off-site in the neighborhood. [PL]
6. Accessory structures. The use of any detached accessory structures, such as storage sheds or
trailer/container units, used for storage or for any other purpose, shall not be allowed on the site
at any time. Outdoor vehicle parking and/or storage, including the storage of materials or
equipment of any kind is prohibited. [PL, B, F]
7. Business activities. All activities associated with this business shall be conducted inside of the
building. [PL]
8.
Modifications. Modifications or changes to this approval may be considered by the Community
Development Director, if the modifications or changes proposed comply with Section 8.104.100
and 8.100.080, of the Zoning Ordinance. [PL]
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9.
Encroachment Permit. The Developer/Applicant shall obtain an Encroachment Permit for any .
work that is perfonned in the City's right-of-way. [PW]
SIGNAGE
10. Signage. All proposed signage for Morgan Stone's Lube en' Latte shall comply with the
provisions of the Dublin Zoning Ordinance except as follow: [PL]
11. Wall-mounted sign on the building's curved southeastern facing elevation:
IntemafIy illuminated, Individually lettered signs
"Lube en' Latte" plus logo
Maximum Sign Height: 8.8 feet -
Maximum Sign Length: 14.8 feet
12. Wall-mounted sign on building's east elevation:
Individual foam letters, non-illuminated
"Coffee, Coolers, Magazines & More"
Maximum Sign Height: 1.9 feet
Maximum Sign Length: 43.2 feet
13. Design and location of signs. The design and location of these wall-mounted signs shall be as
shown on the approved building elevation plan, labeled Exhibit 2, Sheet P-3. The color and
illumination of these signs shall be submitted to the Planning Department for review and .
approval prior to the issuance of a building permit for the installation of these signs and shall
conform to the project's color and material board, dated received June 19, 1998. [PL, B]
ARCHITECTURAL
14. Exhibit A. Building design and architectural treatments shall be as shown on the approved
plans, Exhibit A. Exterior colors shall be consistent with the color. samples submitted by
planHOUSE, dated June 19, 1998. Any variations or modifications to the design, layout and
colors of the building may be considered and will require prior review and approval by the
Conununity Development Department. [PL]
15. Screening. All ducts, meters, air conditioning equipment and other mechanical equipment on-
site, either ground or roof mounted, shall be effectively screened or enclosed from public view
with materials architecturally compatible with the main structure. [PL]
, 16.
Trash Bins. All trash bin(s) used for this site shall, at all times, be maintained within the
covered trash/storage area as shown on the plans, Exhibit A. A minimum 10' wide x 20' long
concrete apron shall be installed in front of the covered trash/storage area to facilitate the
disposal company's mechanical pick-up service and shall reflect the dimensional criteria deemed
acceptable by the Livermore Dublin Disposal Service. The trash enclosure may need to be
covered to met the National Pollution Discharge Elimination System (NPDES) requirements.
[pL, B]
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LIGHTING
17. Isochart. The Developer shall prepare a Lighting Isochart to the satisfaction of the Director of
Public Works and Director of Community Development. Exterior lighting shall be provided
within the parking lot and on the building and shall be of a design and placement so as not to
cause glare onto adjoining properties, businesses or to vehicular traffic. Lighting used after
daylight hours shall be adequate to provide for security needs (1.0 foot candles). "Wall lighting
around the perimeters of the building shall be supplied to provide "wash" security lighting. The
Lighting Isochart shall be provided and subject to the review and approval of Dublin Police
Services and the Community Development Department prior to the issuance of a building
permit.[PL, B, PO]
PARKING
18. Reciprocal Parking Agreement. The Applicant shall enter into a parking agreement with the
adjacent property owner, if a parking issues arises, as determined by the Director of Community
Development. The parking agreement shall be subject to Conditional Use Permit approval. If a
Reciprocal Parking Agreement is not entered into, the Conditional Use Permit approving
PA 98-046 shall be revoked. [PL]
19. Parking layout. All parking spaces for the site, shall be as shown on the approved plans,
labeled Exhibit 2. The final layout and design of the parking area shall be subject to review and
approval ofthe Zoning Administrator and the City Engineer. All spaces shall be double-striped
with 4-inch wide stripes set approximately 2 feet apart. Handicapped, visitor, employee and
compact parking spaces shall be appropriately identified on the pavement and designated on the
parking plan. [PL, PW]
20. Parking stalls. All parking stalls shall be ten feet in width. [pL, PW]
21. Handicapped ramps. Handicapped ramps and parking stalls shall.be provided and maintained
as required by the State of California Title 24 provisi~ns. All required handicap signage for the
parking stalls shall be installed. [PL, PW, B]
22. Curb adjacent landscaping. All landscaping adjacent to parking stalls shall maintain a
minimum 1 foot wide raised curb or equivalent to facilitate pedestrian access. Continuous
curbing shall be provided for all parking stalls. [PL, PW]
23. Radii of landscape planters. All landscape planters within the parking area shall maintain a
five (5) foot curb radius, or be 2 feet shorter than adjacent parking spaces (with three (3) foot
curb radii) to facilitate vehicular maneuvering. [PL]
24. Striping, drive aisles and sidewalks. The Developer/Applicant shall configure the layout of
pavement striping, drive aisles and sidewalks for maximized traffic safety, which will include
traffic circulation, convenience and site distance per City of Dublin Zoning Standards. [PW]
25.
Fire lanes. The Developer/Applicant shall have all curbs within the development which have
been designated as fire lanes painted red with white three inch high lettering stating "NO
STOPPING - FIRE LANE". [F, POI-
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26.
LANDSCAPING .
Final Landscaping and Irrigation Plan. A Final Landscaping and Irrigation Plan shall be
submitted to the satisfaction of the Director of Community Development. All landscaping shall
be generally consistent with that shown on Exhibit 2, prepared by planHOUSE. [PL]
27. Fin-al Landscaping Plan. The final Landscaping Plan shall shown additional landscaping
proposed for the project than that shown on the preliminary plan. [PL]
28. Landscaping at western property line. The proposed landscaping within the planter adjacent
to the western property line shall be replaced with low densely growing plants to allow vehicle
doors to open and drivers to disembark with ease. _-[PL]
29. . Landscaping at northern property line. A landscaping planter shall be installed along the
northern property line at the base of the adjacent office building and shall conform with the
requirements outlined in No. 28 above. [PL]
30. Obstruction. Landscaping shall not obstruct the sight distance of motorists, pedestrians or
bicyclists. Except for trees, landscaping at drive aisle intersections shall not be taller than thirty
(30) inches above the curb. [pL, PW]
31. Maintenance. All landscape areas on the site shall be enhanced and properly maintained at all .
times. Any proposed or modified landscaping to the site, including the removal or replacement
of trees, shall require prior review and written approval from the Community Development
Department. [PL]
32. Standard Plant Material, Irrigation and Maintenance Agreement Form. The
Developer/Property Owner shall complete and submit the Standard. Plant Material, Irrigation and
Main~enance Agreement Form (attached) prior to the issuance of a building permit. [PL]
33. Installed prior to occupancy. Prior to final occupancy approval, all required landscaping and
irrigation, including the installation of street trees and irrigation lines within the sidewalk, shall
be installed. [pL, B]
34. Street trees. The Developer/Applicant shall provide street trees in City standard tree wells on
the adjacent streets. The number and location of the trees will be determined during the Grading
plancheck review process. [PW]
35. Landscape design and construction. The Landscape design and construction shall emphasize
drought-tolerant and/or native species wherever possible. [PL]
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Fencing. The applicant shall install an opaque fence along part of the western property line to
screen the proposed development from the rear of the adjacent Valley Center building. This
fence shall be shown on site and landscaping plans. [PL]
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37. Landscaping of walls and trash containers. Landscaping of walls and the trash container with
the use of vines is encouraged to discourage graffiti on walls. [PL]
POLICE SECURITY
38. Security hardware. All security hardware for the use must comply with the City of Dublin
Non-Residential Security Requirements (attached) Security hardware must be provided for all
doors, roll-up service bay doors, windows, roof, vents, and skylights and any other areas per
Dublin Police Services recommendations and requirements. [B, PO]
39. Security program. The Developer/Ptoperty Owner shall work with Dublin Police Services on
an ongoing basis to establish an effective robbery, burglary, theft prevention and security
program for the business. [PO]
40. Graffiti. The DeveIoper/Property Owner shall, at all times, keep the site and building clear of
graffiti vandalism on a regular and continuous basis. Graffiti resistant paints for the structures
and film for windows or glass should be used. [PO, PL]
41. Addresses. Addressing and building numbers shall be visible from the approaches to the
building. [PO]
42. Lighting over exterior doors. The Applicant shall provide lighting over exterior doors and
provide for lighting in the parking lot areas. Lighting fixtures shall be of a vandal resistant type.
[PO]
43. Height. Exterior landscaping shall be kept at a minimal height and fullness giving patrol
officers and the general public surveillance capabilities of the area. [PO]
FIRE PROTECTION
44. Regulations. The Developer/Property Owner shall comply with all applicable regulations and
requirements ofthe Alameda County Fire Department (ACFD), including payment of all
appropriate fees. [F]
45. Sprinklers. Automatic fire sprinklers shall be designed and installed to the specifications of
NFPA 13 and 25. Plans and calculations shall be submitted to the fire department for review and
approval prior to installation. A permit for the system installation shall be applied for and fees
paid prior to installation. [F]
46. Hazardous Materials Management Plan. A Hazardous Materials Management Plan shall be
completed and filed with the Alameda County Environmental Health Department. [F, B]
47. Flammable and combustible liquids. Provide details for the storage and dispensing of
flammable and combustible liquids. [F]
48. Fire extinguishers. Portable fire extinguishers shall be installed in accordance with the
Uniform Fire Code, and/or State Fire Code for the specific occupancy. [F]
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49. Emergency lighting. Emergency lighting shall be installed. [F]
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50. KNOX box. A KNOX box shall be installed near the front entry to the satisfaction of the Fire
Inspector. Two sets of keys shall be provided for the box. [F]
51. Fire Lanes. A "Fire Lane" shall be identified and so marked to allow emergency equipment
access to the property (see Exhibit A). Said "Fire Lane" shall be constructed to support the
imposed- loads of fire equipment. [F]
52. Fees. Prior to the occupancy of a building, a Fire Permit, Plan Review, Inspection and Service
Fee shall be paid, in accordance with Alameda Cpunty Fire Department (ACFD), requirements.
[F]
WATER AND SEWER SERVICES
53. Requirements. The Developer/Property Owner shall comply with all applicable requirements
and regulations of the Dublin San Ramon Services District (DSRSD). [DRS, PL]
54.
Improvement plans. Prior to the issuance of a building permit, complete improvement plans
shall be submitted to DSRSD that conform to the requirements of the DSRSD Code, the DSRSD
"Standard Procedures, Specifications and Drawings for Design and Installation of Water and
Wastewater Facilities", all applicable DSRSD Master Plans and all DSRSD policies. [DRS]
.
55.
Easement dedications. Prior to the approval by the City of a grading permit, the locations and
widths of all proposed easement dedications for water and sewer lines shall be submitted to and
approved by DSRSD. [DRS]
56. Separate instrument. All easement dedications for DSRSD facili.ties shall be by separate
instrument irrevocably offered to DSRSD or by offer of dedication on the Final Map. [DRS]
57. Fees. Prior to the issuance of a building permit, all utility connection fees, plan check fees,
inspection fees, permit fees and fees associated with a wastewater discharge permit shall be paid
to DSRSD in accordance with the rates and schedules established in the DSRSD Code. [DRS]
58.
Improvement plans. Prior to the issuance of a building permit, all improvement plans for
DSRSD facilities shall be signed by the District Engineer. Each drawing of improvement plans
shall contain a signature block for the District Engineer indicating approval of the sanitary sewer
or water facilities shown. Prior to approval by the District Engineer, the Developer shall pay all
required DSRSD fees, and provide an engineer's estimate of construction costs for the sewer and
water systems, a performance bond, a one-year maintenance bond, and a comprehensive general
liability insurance policy in the amounts and forms that are acceptable to DSRSD. The
Developer shall allow at least 15 working days for final improvement drawing review by
DSRSD before signature by the District Engineer. [DRS]
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59. Utility Construction Permit. No sewer line or water line construction shall be permitted unless
the proper utility construction permit has been issued by DSRSD. A construction permit will
only be issued after all of the items in Condition #57 above have been satisfied. [DRS]
60. Hold Harmless. The Applicant/Developer/Property Owner shall hold DSRSD, its Board of
Directors, commissions, employees, and agents of DSRSD harmless and indemnify and defend
the same from any litigation, claims, or fines resulting from the construction and completion of
the project. [DRS]
DRAINAGE/GRADING
61. Grading Permit. The Developer/Applicant shall obtain a Grading Permit from the Public
Works Department. ~ information packet on the Grading Permit process can be obtained at the
Public Works counter at City Hall. Included in the Grading Permit packet is the City of
Dublin's Plan Check List, which shall be adhered to as a part of these Conditions. [PW]
62. Drainage issues. The Developer's/Applicant's Civil Engineer shall address all drainage issues
in and around the building. Issues which should be addressed include, but are not necessarily
limited to: Roof water leaders shall drain to an approved drainage system; site drainage shall
meet the current Uniform Building Code requirements, i.e., no concentrated water across public
property; no drainage onto adjacent property unless an easement is provided; and slopes of
landscaped areas should be 1 % minimum. [PW]
63. Curb with gutter. 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. Minimum slopes on asphalt parking areas shall be 1% and
maximum slopes 5%. [PW]
64. Catch basins. All catch basins within paved areas not against curb and gutter shall have a 3 foot
concrete apron around all sides of the inlet per <;:ity of Dublin Standard Plans. [PW]
65. NPDES. The Developer/Property Owner shall comply with all National Pollution Discharge
Elimination System (NPDES) regulations and requirements at all times. [PW]
ON & OFF-SITE/PUBLIC IMPROVEMENTS
66. Public Facilities Fee. The Developer/Property Owner shall pay a Public Facilities Fee in the
amount of $452.00 per 1,000 square feet of conunercial building space prior to issuance of
building permits. [B, PL]
67. Public right-oC-way improvements. The Developer/Applicant shall remove and replace curb,
gutter and sidewalk on the adjacent streets as determined by the Public Works Director. The
limits of the work will be determined during the grading plan check review. All improvements
within the public right-of-way, including curb, gutter, sidewalks, driveways, paving and utilities,
shall be constructed in accordance with the City of Dublin approved standards. [PW]
68. Drive-aisle. The Developer/Applicant shall provide a drive-aisle to the neighboring parking lot
to the west of the site. The drive-aisle shall have a minimum width of25 feet. [PW].
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69. Trash enclosure. Access to the trash enclosure shall be reviewed by the Livermore-Dublin .
Disposal Company. The Developer/Applicant shall submit a letter from the Livennore-Dublin
Disposal Company outlining their comments at the time of submittal of site plans for building
department review [PW]
70. Erosion control measures. The Developer shall install erosion control measures in all areas of
the site during construction between November 15 and April 15 to the satisfaction of the
Director of Public Works. These measures shall include straw mats in landscape areas behind
sidewalks adjacent to Dublin Boulevard, a gravel construction entrance and sediment control in
all stonn drainage inlets in accordance with the Regional Water Quality Control Board Manual
of Sediment Control. [PW]
71. Monitoring Wells. The Developer/Applicant shall destroy any existing monitoring wells on site
prior to development in accordance with the requirements of Zone 7, Alameda County Health
Department and other applicable agencies. [PW]
72. Above~ground utilities. The Developer/Applicant shall remove all above-ground utilities out of
the public right-of-way, including but not limited to the domestic water back-flow prevention
device. [PW]
73. Underground utilities. The Developer shall construct all underground utilities to the project
building in accordance with the governing utility agency and the Director of Public Works. [PW] .
74. Screening above-ground utilities. The Developer/Applicant shall screen any above-ground
utilities that can not be underground, such as the back flow prevention devices. [PW, PL]
75. ADA access. The project shall provide a minimum four foot wide.direct access for pedestrians
from the proposed building to adjace~t streets per current Title 24/ ADA requirements. [PW]
76. Standard Conditions of Approval. The Developer shall conform to all City Standard
Conditions of Approval. [PW]
77. Fees. Prior to the issuance of building permits, the applicant shall comply with and/or pay all
applicable connection fees, development fee and traffic impact fees. [B]
- 78. Plans. The Developer shall submit site plans, grading and utility plans to the City Public Works
Department for review and approval by the Director of Public Works. [PW]
79. Roof drains. Roof drains shall empty directly into the stonn drain system. The applicant shall
comply with all National Pollution Discharge Elimination System regulations and requirements
at all times during construction. Roofwater, or other concentrated drainage, shall not be
directed onto adjacent properties, sidewalks or driveways. No drainage shall flow across .
property lines. [pW, B, PL]
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DEBRIS/DUST/CONSTRUCTION ACTIVITY
Trash/debris. Measures shall be taken to contain all construction related trash, debris, and
materials on-site until disposal off-site can be arranged. The Developer/Property Owner shall
keep the adjoining public streets and properties free and clean of project dirt, mud, and materials
during the construction period. The Developer/Property Owner shall be responsible for
corrective measures at no expense to the City of Dublin. [B, PW] .
81. Dust. Areas undergoing grading, and all other construction activities, shall be watered,.or other
dust palliative measures used, to prevent dust, as conditions warrant. [B, PW]
82. Temporary construction fencing. The use of any temporary construction fencing shall be
subject to the review and approval of the Public Works Director and the Building Official. [B,
PW]
83.
MISCELLANEOUS
Conditions/regulations. The Developer/Property Owner shall comply with all applicable
Alameda County Fire Department, Public Works Department standard conditions, Dublin Police
Services, and the Dublin San Ramon Services District regulations and requirements. Prior to
issuance of grading or building permits or the installation of any improvements related to this
project, the Developer shall supply written documentation from each such agency or department
to the Community Development Department, indicating that all applicable conditions required
have been or will be met. [B, PL]
84. Regulations/UBC. The Developer/Property Owner shall comply with all applicable regulations
and requirements of the Uniform Building Code and the Building Inspection Department. [B]
85. Building permits for the proposed project shall be secured and construction commenced
within one (1) year after the effective date ofthis approval or said approval shall be void.
This one (1) year period may be extended an additional ope (1) year after.the expiration date of
this approval (a written request for the extension must be submitted prior to the expiration date)
by the Community Development Director upon the determination that the Conditions of
Approval remain adequate to assure that the above stated Findings of Approval will continue to
be met. [B, PL]
86. To apply for building permits, the Developer shall submit thirteen (13) sets of full
construction plans for plan check. Each set of plans shall have attached an annotated copy
of these Conditions of Approval, including any attached Special Conditions. The notations
shall clearly indicate how all Conditions of Approval will be complied with. Construction plans
will not be accepted without the annotated conditions attached to each set of plans. The
Developer will be responsible for compliance with all Conditions of Approval specified and
obtaining the approvals of all participating non-City agencies prior to the issuance of building or
grading permits. [B, PL, PW]
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87.
Plans. All plans shall be fully dimensioned (including building elevations) accurately drawn
(depicting all existing and proposed conditions on site), and prepared and signed by a licensed
civil engineer, architect or landscape architect. The site plan, landscape plan and details shall be
consistent with each other. [B, PL, PW]
88. Conditions of approval. The Developer/Property Owner"shall develop this project and operate
all uses in compliance with the Conditions of Approval of this Conditional Use Permit and Site
Development Review and the regulations established in the Zoning Ordinance. Any violation of
the terms or conditions specified may be subject to enforcement action. [PL]
89. Permit revocable. The permit shall be revocable for cause in accordance with Section 8. I 32 of
the Dublin Zoning Ordinance. [PL]
PASSED, APPROVED AND ADOPTED this 20th day of October, 1998.
A YES:
NOES:
ABSTAIN:
ABSENT:
Mayor
ATTEST:
City Clerk
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AGENDA STATEMENT
PLANNING COMMISSION MEETING DATE: September 22, 1998
SUBJECT:
PUBLIC HEARING PA 98-046, Morgan Stone's Lube en' Latte,
Conditional Use Permit and Site Development Review
(Report Prepared by: Anne Kinney, Assistant Planner)
EXHIBITS:
1.
Resolution approv.ing the C~nditional Use Permit and Site Development
Review, subject to conditions.
Project Plans, consisting of five sheets
2.
ATTACHMENTS: A.
B.
C.
Vicinity Map
Applicant's written correspondence (3 items)
Initial Study/Negative Declaration
RECOMMENDATION: 1)
2)
3)
4)
Open public hearing
Receive staff presentation and public testimony
Close public hearing and deliberate
Adopt Resolution (Exhibit 1) approving the Conditional Use Permit
and Site Development Review, subject to conditions.
DESCRIPTION:
The Applicant, Morgan Stone is requesting approval of a Conditional Use Permit and Site Development
review to allow the operation and construction of a 4,344 square foot drive-through auto service providing
oil changing services and routine car maintenance. The business will also offer customers a
lounge/waiting area where coffee and bakery goods may be purchased. Hours of operation would be from
7:00 a.m. until 7:00 p.m. Monday through Sunday. This is a new concept in the auto-service business and
the first in Dublin. Mr. Stone plans to open a similar business in Antioch at the end of September.
BACKGROUND:
Under the current Dublin Zoning Ordinance a drive-through business in the C-N Neighborhood
Conunercial Zoning District, requires a Conditional Use Permit approval prior to operation. Site
Development Review is required for the proposed 4,344 square foot building, landscaping, parking and
signage. In accordance with the Zoning Ordinance Section 8.104.060 "when a Site Development Review
is required for a project which is also subject to a Conditional Use Permit, it shall be approved,
, conditionally approved or denied by the same decision-maker or body for those actions". Therefore, the
. Planning Commission is required to take action on both the Conditional Use Permit and Site Development
Review for this project.
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COPIES TO: The Applicant, Morgan Stone
The Property Owner, Imer Baker
P A file
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EXHIBIT 4
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Site History. J?> c:.; {::- (
The project site is located at the northwest comer of the intersection of ViII age Parkway and .Amador
Valley Boulevard. The property was fonnerIy a Unocal Service Station and is currently vacant. The
service station was constructed in 1966. The surface and subsurface facilities were removed in March .
1996 and there are no remaining structures on site. The site has undergone complete environmental cle
up. Alameda County Health Care Services Agency has determined that no further remedial action is
required for the property and the site presents no significant risk to human health or the environment.
ANALYSIS:
CONDITIONAL USE PERMIT
The purpose of a Conditional Use Permit'is to determine whether the proposed use is appropriate for the
site and if conditions of approval are required. Issues that are commonly addressed include access to the
site, land use compatibility and site design. The following fmdings must be made by the Planning
Commission before a Conditional Use Pennlt may be granted:
1.
The proposed use and related structures is compatible with other land uses, transportation
and service facilities in the vicinity
The proposed use 11,m not adversely affect the health or safety of persons residing or
worldng in the vicinity, or be detrimental to the public health, safety and welfare;
The proposed use will not be injurious to property or improvements in the neighborhood,'
There are adequate provisions for public access, water, sanitation, and public utilities and
services to ensure that the proposed use and related structures would not be detrimental to
the public health, safety, and welfare;
The subject site is physically suitable for the type, density and intensity of the use and .
related structures being proposed;
The proposed use will not be contrary to the specific intent clauses or performance
standards establishedfor the C-N Neighborhood Commercial Base Zoning District in
which it is to be located and;
The approval of the Conditional Use Permit will be consistent with the Dublin General
Plan and the Downtown Dublin Specific Plan.
2.
3.
4.
5.
6.
7.
Location:
The proposed project would be located in an area designated for commerciaVretail uses in downtown
Dublin. It would be located at the intersection of ViII age Parkway and Amador Valley Boulevard.
Vehicular access to the site is restricted to right turn entrance only access from Amador Valley Boulevard
and right turn exit only onto Village Parkway.
Land use compatibility:
_Surrounding land uses include the Valley Center, commercial strip mall to the west of the property and a
medical office building to the north. An Arco Service Station, a former BP Service Station and an Oil
Changer are located on the other three comers of the intersection towards the east, southeast and south of the
property. The proposed drive-through auto service would be compatible with the mix of existing uses in the
immediate area Conditions of approval attached to the project will ensure that City Standards are
maintained and nuisances associated with the business will be minimized. Standard conditions are included
in the draft Resolution which prohibit loud-speakers and amplified music to project or be placed outside .
of the building. In addition, the Applicant will be responsible for controlling all on site activities and
maintaining the premises in a litter free condition.
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Consistency wit" the General Plan and the Downtown Dublin Specific Plan:
The project is consistent with the City of Dublin General plan designation of RetaiIlOffice and the
Downtown Dublin Specific Plan. The Specific Plan designates the property' Zone 10: Village Parkway
Mixed Use' primarily to serve a variety ofretaillcommercial needs for Dublin residents. The process of
Site Development Review is consistent with the requirements of the Downto'wn Dublin Specific Plan and
will ensure that the building design and landscape treatment will compliment and enhance this prominent
intersection.
SITE DEVELOPMENT REVIEW
Site Development Review is required for the proposed 4,344 square foot building. The purpose of the Site
Development Review process is to promote orderly, attractive, and harmonious site and structural
development. It addresses building location, architectural and landscape design and theme, vehicular and
pedestrian access, on-site circulation, parking; and traffic impacts.
Architecture:
The single story building consists of four drive-through vehicle service bays, customer lounge and office
area The proposed building faces south on the site. The building shape is long and narrow, conforming to
the limits of the size and shape of the parcel. The architecture can be described as industrial/modem and
consists of two distinct elements. The building is anchored by a curved aluminum element which takes
advantage of the site's comer location. The remainder of the building which houses the auto service bays (a
total offour) is characterized by stucco finish, emphasized control joints, metal trim and circular medallions.
Colored elevations and a color and material board will be presented at the meeting.
Parking:
Section 8.76.080 D of the Dublin Zoning Ordinance requires a drive-through use to provide one parking stall
per employee on the largest shift. The Applicant has stated that the maximum number of employees on a
shift would be six. The project provides six plus one handicapped parking spaces which meets the minimum
requirements of the Zoning Ordinance. The seven parking stalls are located parallel to the western and
northern property lines abutting the adjacent commercial and office building. Conditions of approval
shall require the parking stalls to have a minimum width of ten feet to provide additional space to open the
car doors.
Staff is concerned that a parking problem may occur if the number of employees per shift increases or if a
future use locates on the property which has a higher parking demand. Conditions of Approval attached
to the project shall require the Applicant to enter into a reciprocal parking agreement if a parking problem
occurs. It shall be at the discretion of the Director of Community Development to determine if a parking
problem exists and if a parking agreement is required. Under Section 8.76.050 C of the Dublin Zoning
. Ordinance a parking agreement requires conditional use permit approval. The Applicant, Mr. Stone has
'. informed staff that the adjacent property owner of the Valley Center has stated their intention to enter into
a parking agreement.
Traffic and Circulation Impacts:
The Public Works Department has reviewed the proposed project and has determined that the project
would add additional vehicles to local roadways. A Traffic Study determined that an amount of$7,616
would be required to mitigate impacts to roadways in the area. Project generated traffic will be distributed
on Amador Valley Boulevard and Village Par1.---way. The Applicant has agreed to mitigate these traffic
impacts by the voluntary payment of$7,61~for street improvements.
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Laltdscaping andfencing: ;20 -=6. ~., .
The landscaping for the building has been chosen to present a clean, manicured appearance. Conditions of
approval shall require low densely growing shrubs to be planted along the western property line within the
proposed parking to allow vehicle doors to open and drivers to disembark with ease. Conditions of approv~
also address the need for additional landscaping on site. An opaque fence shall be required to be built alon~
part of the western property line to screen the rear of the adjacent Valley Center building.
EJ'\~'IRONMENT AL REVIEW:
A Negative Declaration has been prepared for the project pursuant to the California Environmental Quality
Act and the Dublin Environmental Guidelines because the initial study found that the project would not have
an adverse impact on the environment.
CONCLUSION:
The Conditional Use Permit and Site Development Review Application process evaluates proposed
projects in relation to certain criteria and subject to conditions to determine if the project is appropriate for
a specific site. The proposed drive-through auto service is in an appropriate use given its location within
an established mixed use commercial area in downtown Dublin. In addition the site has adequate parking,
circulation and access. Land use compatibility issues can be adequately mitigated with the conditions of
approval outlined in the draft resolution.
RECOMMENDA TION:
Staff recommends the Planning Commission conduct a public meeting, deliberate, and adopt Resolution
(Exhibit 1) approving the Conditional Use Permit and Site Development Review for Morgan Stone's
Lube en' Latte, P A 98-046. .
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GENERAL INFORMATION:
A.PPLICANT:
Mr. Morgan Stone
2116 Myrtle Beach Lane
DanviIIe, CA 94526
PROPERTY OWNER:
Mr. Imer E. Baker
Baker Investments
2379 Harborview Drive
San Leandro, CA 94577
LOCATION:
7375 Amador Valley Boulevard,
(APN 941-175-21-2)
EXISTING ZONING:
C-N Neighborhood Commercial Zoning District
GEl'\TERAL PL~ DESIGNATION:
Retail/Office
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DOWl\'TOWN DUBLIN SPECIFIC PLAN:
Zone 10: Village Parh.'Way Mixed Use
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RESOLUTION NO. 98-
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A RESOLUTION OF THE PLANNING COMI\lISSION
OF THE CITY OF DUBLIN
APPROVING PA 98-046 MORGAN STONE'S t.UBE 'N' LATTE, CONDITIONAL USE
PERl\lIT, SITE DEVELOPI\fENT REVIE'V AND ADOPTION OF A NEGATIVE
DECLARATION FOR A 4,344 SQUARE FOOT DRIVE-THROUGH AUTO BUSINESS
PROVIDING OIL CHANGING, ROUTINE CAR MAINTENANCE
AND COFFEE BAR SERVICE AT 7375 VILLAGE PARK'VAY.
'VHEREAS, the Applicant, Morgan Stone has requested approval of a Conditional Use Pem1it
and Site Development Review for a 4, 344 square foot drive-through auto business providing oil
changing, routine car maintenance and coffee bar service at 7375 Village Parb\'ay in a C-N
Neighborhood Commercial Zoning District; and
V~~HEREAS, the California Environmental Quality Act (CEQA), together with the State
guideline's and City environmental regulations require that certain projects be reviewed for
environmental impact and that environmental documents be prepared; and
'VHEREAS, an Initial Study found that the project would not have an adverse impact on the
environment; and
'VHEREAS, a Negative Declaration has been prepared for this project and is on file in the
Dublin Planning Department; and
WHEREAS the ~lanning Commission held a properly noticed public hearing on said application
on September 22, 1998; and
WHEREAS, the Staff Report was submitted recommending that the Planning Commission
approve the Conditional Use Permit and Site Development Review, subject to conditions; and
'VHEREAS, the Planning Commission did hear and consider all said reports, recommendations
and testimony hereinabove set forth and used their independent judgment to make a decision; and
WHEREAS, the Planning Commission has found that the proposed project is appropriate for the
subject site.
NO'V, THEREFORE, BE IT RESOL YED TH.AT THE Dublin Planning Commission does
hereby make the following findings and determinations regarding said proposed Conditional Use Permit:
A.
The Negative Declaration is adequate and in compliance with State law.
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B.
The proposed use is compatible with other land uses, transportation and service facilities in the
vicinity because the proposed use wiII be located in an area designated for commercial, office
and retail uses in downtovm Dublin at the intersection of two main arterial streets.
C.
The proposed use wiII not adversely affect the health or safety of persons resi?ing or working in
the vicinity, and will not be detrimental to the public health, safety and welfare bE;cause all City
and Alameda County regulations and conditions wiII be met.
D.
The use v.ill not be injurious to property or improvements in the neighborhood because the
Applicant has agreed to mitigate off-site traffic and circulation impacts by the voluntary payment
of $7,616 for street improvements.
E.
There are adequate provisions for public access, water, sanitation, and public utilities and
services to ensure that the proposed use and related structures would not be detrimental to the
public health, safety, and welfare.
F.
The subject site is physically suitable for the type, density and intensity of the use and related
structures being proposed.
The proposed use is not contrary to the specific intent clauses, development regulations, and
performance standards established for the C-N zoning district which encourages new
development of small scale, low intensity uses in proximity to residential neighborhoods.
Conditions of approval \vill ensure ongoing compatibility ",,':ith adjacent commercial and
residential uses.
.
H. The proposed use is consistent with the Dublin General Plan and Downtown Dublin Specific
Plan.
NO'V, THEREFORE, BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission
does hereby make the following findings and determinations regarding said proposed Site Development
Review:
A. The approval of this Site Development Review application is consistent with the intent and
purpose of Dublin Zoning Ordinance Section 8.104, SITE DEVELOPMENT REVIEW, because
the project it is compatible with the site and surrounding properties.
B.
C.
The approval of this application, as conditioned, complies with the RetaiVOffice designation of
the General Plan, the Downtown Dublin Specific Plan designation 'Zone 10: Village Parl.'Vv'ay
Mixed Uses', the C-N Neighborhood Commercial Zoning District as well as with all other
requirements of the Zoning Ordinance because a drive-through auto business is a conditionally
permitted use in such designation and zone.
The approval of the Site Development Review application, as conditioned, will not adversely
affect the health or safety of persons residing or working in the vicinity, or be detrimental to the
public health, safety and general weifare because the construction of the building will conform to
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all laws and regulations and because it \viII provide a neW auto-related commercial use for the
City.
D.
The approved site development, including site layout, structures, vehicular access, circulation
and parking, setbacks, height, walls, public safety and similar elements has been designed to
provide a .desirable environment for the development.
E.
The subject site is physically suitable for the type and intensity of the approved development
because it is graded and -level.
F.
Impacts to \"iews are addressed because the site is level and no vie\vs could be interrupted.
G.
Impact to existing slopes and topographic features are addressed because the site is level and
there are not topographic features.
H.
Architectural considerations, including the character, scale and quality of the design, the
architectural relationship with the site and other buildings, building materials and colors.
screening of exterior appurtenances, exterior lighting, and similar elements have been
incorporated into the project and as conditions of approval in order to insure the compatibility of
the development with the development's design concept or theme and the character of adjacent
buildings, neighborhoods and uses.
1.
Landscape considerations, including the locations, type, size, color, texrure and coverage of plant
materials, provisions and similar elements have been considered to insure visual relief and an
attractive environment for the public.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve the
Conditional Use Pennit and Site Development Review for P A 98-046 Morgan Stone's Lube 'N' Latte,
subject to the follov.ing Conditions of Approval. This approval shall be generally depicted on the plans
with notations, labeled Exhibit 2, consisting of five (5) sheets (Site/Iandscaping/floor plans, grading and
surVey plans, dated received June 19, 1998) and (elevations and roof plans, dated received July 29,
1998) prepared by planHOUSE, Architecture/Energy AnaIysis/Planning, and color elevations and
material board, stamped approved and on file with the Dublin Planning Department, subject to
compliance with the following conditions of approval:
CONDITIONS OF APPROVAL
Unless stated othen\'ise, all Conditions of Approval shall be complied with prior to the issuance of
building permits or establishment of use, and shall be subject to Planning Department review and
approval. The following codes represent those departments/agencies responsible for monitoring
compliance of the conditions of approval. [PL] Planning, [B] Building, [PO] Police, [PW] Public
\Vorks, [ADM] Administration/City Attorney, [FIN] Finance, [PR] Parks & Recreation, [F]
Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [CO] Alameda
County.
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GENER-\L CONDITIONS
Approval: PA 98-046 Morgan Stone's Lube en' Latte is approved for the operation,
construction, layout, and design of an 4,344 square foot drive-through auto business providing
oil changing, routine car maintenance and coffee bar service, as generally depicted on the plans
with notations, labeled Exhibit 2, consisting of three (3) sheets~ prepared bypianHOUSE, qated
received June 19, 1998; two (2) sheets, prepared by planHOUSE, dated received July 29, 1998;
. and a color and materials board, dated received June 19, 1998, stamped approved and as
specified by the following Conditions of Approval for this project. [PL]
2.
Period of approval. This approval shall be null and void in the event the approved use fails to
be established within one year, or ceases to operate for a continuous one-year period. [PL]
3.
Hours of operation. Hours of operation for the drive-through auto business shall be from 7:00
a.m. to 7:00 p.m. Monday through Sunday. [PL]
4.
Noise/nuisances. The Applicant shall control all activities on the site so as not to create a
nuisance to the existing or surrounding businesses or residents. No loudspeakers or amplified
music shall be permitted to project or be placed outside of the building.[pL, PO]
5.
l\1aintenance. The Applicant shall be responsible for maintaining the premises in a safe, clean
and litter-free conditions at all times. The Applicant shall be responsible for cleaning up and .
disposing of the business generated trash and litter on-site and off-site in the neighborhood.[pL]
6.
Accessory structures. The use of any detached accessory structures, such as storage sheds or
trailer/container units, used for storage or for any other purpose, shall not be allowed on the site
at any time. Outdoor vehicle parking and/or storage, including the storage of materials 'Or
equipment of any kind is prohibited.[pL, B, F] .
Business activities. All activities associated with this business shall be conducted inside of the
building.[pL]
Modifications. Modifications or changes to this approval may be considered by the Community
Development Director, if the modifications or changes proposed comply with Section 8.1 04.1 00
and 8.100.080, of the Zoning Ordinance. [PL]
9. Encroachment Permit. The Developer/Applicant shall obtain an Encroachment Permit for any
work that is performed in the City's right-of~way. [PW]
SIGNAGE
10. Signage. All proposed signage for Morgan Stone's Lube en' Latte shall comply with the
provisions of the Dublin Zoning Ordinance except as follow: [PL]
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11. \Vall-mounted sign on the building's curved southeastern facing elevation:
Internally illuminated, Individually lettered signs
"Lube en' Latte" plus logo
Maximum Sign Height: 8.8 feet
Maximum Sign Length: 14.8 feet
12. \Vall-mounted sign on building's east elevation:
Individual foam letters, non-illuminated
"Coffee, Coolers, M'agazines & More"
Maximwn Sign Height: 1.9 feet
Maximum Sign Length: 43.2 feet-
13. Design and location of signs. The design and location of these wall-mounted signs shall be as
shown on the approved building elevation plan, labeled Exhibit 2, Sheet P-3. The color and
illumination of these signs shall be submitted to the Planning Department for review and
approval prior to the issuance of a building permit for the installation of these signs and shall
conform to the project's color and material board. dated received June 19, 1998. [PL, B]
ARCHITECTURA.L
14. Exhibit A. Building design and architectural treatments shall be as shown on the approved
plans, Exhibit A. Exterior colors shall be consistent with the color samples submitted by
planHOUSE, dated June 19, 1998. l\ny variations or modifications to the design, layout and
colors of the building may be considered and will require prior review and approval by the
Community Development Department. [PL]
15. Screening. All ducts, meters, air conditioning equipment and other mechanical equipment on-
site, either ground or roof mounted, shall be effectively screened or enclosed from public view
with materials architecturally compatible with the main structure; [PL] .
16. Trash Bins. All trash bin(s) used for this site shall, at all times, be maintained \vithin the
covered trash/storage area as sho\\'O on the plans, Exhibit A. A minimum 10' wide x 20' long
concrete apron shall be installed in front of the covered trash/storage area to facilitate the
disposal company's mechanical pick-up service and shall reflect the dimensional criteria deemed
acceptable by the Livermore Dublin Disposal Service. The trash enclosure may need to be
covered to met the National Pollution Discharge Elimination System (NPDES) requirements.
[pL, B]
LIGHTING
17. Isochart. The Developer shall prepare a Lighting Isochart to the satisfaction of the Director of
Public Works and Director of Community Development. Ex1erior lighting shall be provided
within the parking lot and on the building and shall be of a design and placement so as not to
cause glare onto adjoining properties, businesses or to vehicular traffic. Lighting used after
daylight hours shall be adequate to provide for security needs (1.0 foot candles). \Valllighting
around the perimeters of the building shall be supplied to provide "wash" security lighting. The
Lighting Isochart shall be provided, and subject to the review and approval of Dublin Police
Services and the Community Development Department prior to the issuance of a building
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permit.[PL, B, PO]
.
PARKING
18. Reciprocal Parking Agreement. The Applicant shall enter into a parking agreement \\'ith the
adjacent property owner, if a parking issues arises, as determined by the Direc.1or of Community
Development. The parking agreement shall be subject to Conditional Use Permit approval. If a.
Reciprocal Parking Agreement is not entered into, the Conditional Use Permit approving
PA 98-046 shall be revoked. [PL]
19. Parking layout. All parking spaces [or the site, shall be as shown on the approved plans,
labeled Exhibit 2. The final layout and design of the parking area shall be subject to review and
approval of the Zoning Administrator and the CIty Engineer. All spaces shall be double-striped
with 4-inch wide stripes set approximately 2 feet apart. Handicapped, visitor, employee and
compact parking spaces shall be appropriately identified on the pavement and designated on the
parking plan. [pL, P\V]
20. Parking staIIs~ All parking stalls shall be ten feet in width. [PL, PW]
21.
Handicapped ramps. Handicapped ramps and parking stalls shall be provided and maintained
as required by the State of California Title 24 provisions. All required handicap signage for the
parking stalls shall be installed. [pL, PW, B]
.
22.
Curb adjacent landscaping. All landscaping adjacent to parking stalls shall maintain a
minimum 1 foot wide raised curb or equivalent to facilitate pedestrian access. Continuous
curbing shall be provided for all parking stalls. [pL, P\V]
23. Radii of landscape planters. All landscape planters within the parking area shall maintain a
five (5) foot curb radius, or be 2 feet shorter than adjacent parking spaces (with three (3) foot
curb radii) to facilitate vehicular maneuvering. [PL]
24. Striping, drive aisles and side'\,'alks. The Developer! Applicant shall configure the layout of
pavement striping, drive aisles and 'sidewalks for maximized traffic safety, which will include
traffic circulation, convenience and site distance per City of Dublin Zoning Standards. [PW]
25. Fire lanes. The Developer/Applicant shall have all curbs within the development which have
been designated as fire lanes painted red with white three inch high lettering stating "NO
STOPPING - FIRE LANE". [F, PO]
LANDSCAPING
26. Final Landscaping and Irrigation Plan. A Final Landscaping and Irrigation Plan shall be
submitted to the satisfaction of the Director of Community Development. All landscaping shall
be generally consistent with that shown on Exhibit 2, prepared by planHOUSE. [PL] .
27. Final Landscaping Plan. The fmal Landscaping Plan shall shown additional landscaping
proposed for the project than that shown on the preliminary plan. [PL]
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.
28. Landscaping at 'western property line. The proposed landscaping within the planter adjacent
to the western property line shall be replaced 'with low densely growing plants to allow vehicle
doors to open and drivers to disembark 'with ease. [PL]
29. Landscaping at northern property line. A landscaping planter shall be installed along the
northern property line at the base of the adjacent office building and shall conform with the
requirements outlined in No. 28 above. [PL] .
30. Obstruction. Landscaping shall not obstruct the sight distance of motorists, pedestrians or
bicyclists. Except for trees, landscaping at drive aisle intersections shall not be taller than thirty
(30) inches above the curb. [PL, PW]
31. l\faintenance. All landscape areas on the site shall be enhanced and properly maintained at all
times. Any proposed or modified landscaping to the site, including the removal or replacement
of trees, shall require prior review and written approval from the Community Development
Department. [PL]
32. Standard Plant :MateriaI, Irrigation and l\1aintenance Agreement Form. The
Developer/Property Owner shall complete and submit the Standard Plant Material, Irrigation and
Maintenance Agreement Form (attached) prior to the issuance of a building permit. [PL]
.
33. Installed prior to occupancy. Prior to final occupancy approval, all required landscaping and
irrigation, including the installation of street trees and irrigation lines within the sidewalk, shall
be installed. [pL, B]
34. Street trees. The Developer/Applicant shall provide street trees in City standard tree wells on
the adjacent streets. The number and location of the trees ,,~ll be determined during the, Grading
plancheck review process. [PW]
35. Landscape design and construction. The Landscape design and construction shall emphasize
drought-tolerant and/or native species wherever possible. [PL]
36 Fencing. The applicant shall install an opaque fence along part of the western property line to
screen the proposed development from the rear of the adjacent Valley Center building. This
fence shall be shown on site and landscaping plans. [PL]
37. Landscaping of walls and trash containers. Landscaping of walls and the trash container with
the use of vines is encouraged to discourage graffiti on walls. [PL]
.
POLICE SECURITY
38. Security hardware. All security hardware for the use must comply 'with the City of Dublin
Non-Residential Security Requirements (attached) Security hardware must be provided for all
doors, roll-up service bay doors, windows, roof, vents, and sl.l'lights and any other areas per
Dublin Police Services recommendations and requirements. [B, PO]
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39. Security program. The Developer/Property Owner shall work with Dublin Police Services on.
an ongoing basis to establish an effective robbery, burglary, theft prevention and security
program for the business. [PO]
40. Graffiti. The Developer/Property Owner shall, at all times, keep the site and. building clear of
graffiti vandalism on a regular. and continuous basis. Graffiti "resistant paints for the structures
and film for windows or glass should be used. [PO, PL] .
41. Addresses. Addressing and building numbers shall be visible from the approaches to the
building. [PO]
42. Lighting over exterior doors. The Applicant shall provide lighting over exterior doors and
provide for lighting in the parking lot areas. Lighting fixtures shall be of a vandal resistant type.
[PO]
43. Height. Exterior landscaping shall be kept at a minimal height and fullness giving patrol
officers and the general public surveillance capabilities of the area. [PO]
FIRE PROTECTION
44. Regulations. The Developer/Property Owner shall comply ,"ith all applicable regulations and
requirements of the Alameda County Fire Department (ACFD), including payment of all .
appropriate fees. [F]
45. Sprinklers. Automatic fire sprinklers shall be designed and installed to the specifications of
:NFP A 13 and 25. Plans and calculations shall be submitted to the fire department for review and
approval prior to installation. A permit for the system installation shall be applied for and fees
paid prior to installation. [F]
46. Hazardous l\1aterials Management Plan. A Hazardous Materials Managem~nt Plan shall be
completed and filed with the Alameda County Environmental Health Department. [F, B]
47. Flammable and combustible liquids. Provide details for the storage and dispensing of
flammable and combustible liquids. [F]
48. Fire extinguishers. Portable fire e>...'tinguishers shall be installed in accordance with the
Uniform Fire Code, and/or State Fire Code for the specific occupancy. [F]
49. Emergency lighting. Emergency lighting shall be installed. [F]
50. KNOX box. A KNOX box shall be installed near the front entry to the satisfaction ofth.e Fire
Inspector. Two sets of keys shall be provided for the box. [F]
.
51. Fire Lanes. A "Fire Lane" shall be identified and so marked to allow emergency equipment
access to the property (see Exhibit A). Said "Fire Lane" shall be constructed to support the
imposed loads of fire equipment. [F]
8
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.
.
1
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Fees. Prior to the occupancy of a building, a Fire Permit, Plan Review, Inspection and Service
Fee shall be paid, in accordance with Alameda County Fire Department (ACFD), requirements.
[F]
\V A TER AND SEVIER SERVICES
53. Requirements. The Developer/Property Owner shall comply with all applicable requirements
and regulations of the Dublin San Ramon Services District (DSRSD). [DRS, PL]
54. Improyement plans. Prior to the issuance of a building permit, complete improvement plans
shall be submitted to DSRSD that copform to the requirements ofthe DSRSD Code, the DSRSD
"Standard Procedures, Specifications and Drawings for Design and Installation of \Vater and
Wastewater Facilities", all applicable DSRSD ~1aster Plans'and all DSRSD policies. [DRS]
55. Easement dedications. Prior to the approval by the City of a grading permit, the locations and
widths of all proposed easement dedications for water and sev,rer lines shall be submitted to and
approved by DSRSD. [DRS]
56. Separate instrument. All easement dedications for DSRSD facilities shall be by separate
instrument irrevocably offered to DSRSD or by offer of dedication on the Final Map- [DRS]
57. Fees. Prior to the issuance of a building permit, all utility connection fees, plan check fees,
inspection fees, permit fees and fees associated with a wastewater discharge permit shall be paid
to DSRSD in accordance '\\ith the rates and schedules established in the DSRSD Code. [DRS]
58. Improvement plans. Prior to the issuance of a building permit, all improvement plans for
DSRSD facilities shall be signed by the District Engineer. Each drawing of improvement plans
shall contain a signature block for the District Engineer indicating approval of the sanitary sewer
or water facilities shown. Prior to approval by the District Engineer, the Developer shall pay all
required DSRSD fees, and provide an engineer's estimate of construction costs for the sewer and
water systems, a performance bond, 'a one-year maintenance bond, and a comprehensive general
liability insurance policy in the amounts and forms that are acceptable to DSRSD. The
Developer shall allow at least 15 working days for final improvement drawing review by
DSRSD before signature by the District Engineer. [DRS]
59. Utility Construction Permit. No sewer line or water line construction shall be permitted unless
the proper utility construction permit has been issued by DSRSD. A construction permit will
only be issued after all of the items in Condition #57 above have been satisfied. [DRS]
60. Hold Harmless. The Applicant/Developer/Property Owner shall hold DSRSD, its Board of
Directors, commissions, employees, and agents ofDSRSD harmless and indemnify and defend
the same from any litigation, claims, or fmes resulting from the construction and completion of
the project. [DRS]
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DR4INAGE/GRADING .
61. Grading Permit. The Developer/Applicant shall obtain a Grading Permit from the Public
\\'orks Department. An information packet on the Grading Permit process can be obtained at the
Public Works counter at City Hall. Included in the Grading Permit packet is the City of
Dublin's Plan Check List, which shall be adhered to as a part of these Condit~~ns. [PW]
62. Drainage issues. The'Developer's/Applicant's Civil Engineer'shall address all drainage issues
in and around the building. Issues which should be addressed include, but are not necessarily
limited to: RoofV\'ater leaders shall drain to an approved drainage system; site drainage shall
meet the current Uniform Building Code requirements, i.e., no concentrated water across public
property; no drainage onto adjacent property unless an easement is provided; and slopes of
landscaped areas should be 1 % minimum. [PW] -
63. Curb with gutter. Where stoml water flows against a curb, a curb with gutter shall be used.
The flow line of all asphalt paved areas carrying \vater shall be slurry sealed at least three feet on
either side of the center of the swale. ,Minimum slopes on asphalt parking areas shall be I % and
maximum slopes 5%. [PW]
64. Catch basins. All catch basins within paved areas not against curb and gutter shall have a 3 foot
concrete apron around all sides of the inlet per City of Dublin Standard Plans. [PW]
65. NPDES. The DeveloperlProperty Ovvner shall comply with all National Pollution Discharge
Elimination System (NPDES) regulations and requirements at all times. [PW]
.-'
ON & OFF-SITEIPUBLIC IMPROVEMENTS
66. Public Facilities Fee. The DeveloperlProperty Owner shall pay a Public Facilities Fee in the
amount of $452.00 per 1,000 square feet of commercial building ~pace prior to issuance of
building permits. (B, PL]
67. Public right-of-way improvements. The Developer/Applicant shall remove and replace curb,
gutter and sidewalk on the adjacent streets as determined by the Public Works Director. The
limits of the work will be determined during the grading plan check review. All improvements
within the public right-of-way, including curb, gutter, sidewalks, driveways, paving and utilities,
shall be constructed in accordance with the City of Dublin approved standards.[pw]
68. Drive-aisle. The Developer/Applicant shall provide a drive-aisle to the neighboring parking lot
to the west of the site. The drive-aisle shall have a minimum width of25 feet. [PW]
69. Trash enclosure. Access to the trash enclosure shall be reviewed by the Livermore-Dublin
Disposal Company. The Developer/Applicant shall submit a letter from the Livermore-Dublin
Disposal Company outlining their comments at the time of submittal of site plans for building
department review [PW]
.
10
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.
70. Erosion control measures. The Developer shall install erosion control measures in all areas of
the site during construction between November 15 and Aprill5 to the satisfaction of the
Director of Public Works. These measures shall include straw mats in landscape areas behind
sidewalks adjacent to Dublin Boulevard, a gravel construction entrance and sediment control in
all storm drainage inlets in accordance \\ith the Regional Water Quality Control Board Manual
of Sediment Control. [PW]
71. Monitoring \Vells. The Developer/Applicant shall destroy any existing monitoring \\'~lls on site
prior to development in accordance with the requirements-of Zone 7, Alameda County Health
Department and other applicable agencies. [PW]
72. Above-ground utilities. The Developer/Applis:ant shall re!TIove all above-ground utilities out of
the public right-of-way, including but not limited to the domestic water back-flow prevention
device. [P\V]
73. Underground utilities. The Developer shall construct all underground utilities to the project
building in accordance with the governing utility agency and the Director of Public 'Works. [PW]
74. Screening above-ground utilities. The Developer/Applicant shall screen any above-grow1d
utilities that can not be underground, such as the back flow prevention devices. [P\V, PL]
.
75. ADA access. The project shall provide a minimum four foot v,ide direct access for pedestrians
from the proposed building to adjacent streets per current Title 24/ ADA requirements. [PW]
76. Standard Conditions of Approval. The Developer shall conform to all City Standard
Conditions of Approval. [PW]
77. Fees. Prior to the issuance of building permits, the applicant shall comply with and/or pay all
applicable connection fees, development fee,and traffic imP:1ct fees. [BJ.
78. Plans. The Developer shall submit site plans, grading and utility plans to the City Public \V orks
Department for review and approval by the Director of Public \V orks. [P\V]
79.
Roof drains. Roof drains shall empty directly into the storm drain system. The applicant shall
comply with all National Pollution Discharge Elimination System regulations and requirements
at all times during construction. Roof water, or other concentrated drainage, shall not be
directed onto adjacent properties, sidewalks or driveways. No drainage shall flow acrosS
property lines. [pW, B, PL]
80.
DEBRIS/DUST/CONSTRUCTION ACTIVITY
Trash/debris. Measures shall be taken to contain all construction related trash, debris, and
materials on-site until disposal off-site can be arranged. The Developer/Property Owner shall
keep the adjoining public streets and properties free and clean ofproject dirt, mud, and materials
during the construction period. The DeveIoper/Property Owner shall be responsible for
corrective measures at no expense to the City of Dublin. [B, PW]
.
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7,'" _I
81. Dust. Areas undergoing grading, and all other construction activities, shall be watered, or other.
dust palliative measures used, to prevent dust, as conditions warrant. [B, P\V]
82. Temporary construction fencing. The use of any temporary construction fencing shall be
subject to the review and approval of the Public \Vorks Director and the Build-ing Official. [B,
PW]
MISCELLANEOUS
83. Conditions/regulations. The Developer/Property Owner shall comply \\ith all applicable
Alameda County Fire Department, Public \Vorks Department standard conditions, Dublin Police
Services, and the Dublin San Ramon Services District regulations and requirements. Prior to
issuance of grading or building permits or the installation of any improvements related to this
project, the Developer shall supply written documentation from each such agency or department
to the Community Development Department, indicating that all applicable conditions required
have been or will be met. [B, PL]
84. RegulationsfUBC. The Developer/Property Ov.ner shall comply with all applicable regulations
and requirements of the Uniform Building Code and the Building Inspection Department. [B]
85. Building permits for the proposed project shall be secured and construction commenced
within one (1) year after the effective date of this approval or said approval shall be void. .
This one (1) year period may be extended an additional one (I) year after the expiration date of
this approval (a written request for the extension must be submitted prior to the expiration date)
by the Community Development Director upon the determination that the Conditions of
Approval remain adequate to assure that the above stated Findings of Approval will continue to
be met. [B, PL]
86. To apply for building permits, the Developer sh~1I submit thirteen (13) sets of full
construction plans for plan check. Each set of plans shall ha,'e attached an annotated copy
. of these Conditions of Approval, including any attached Special Conditions. The notations
shall clearly indicate how all Conditions of Approval will be complied with. Construction plans
will not be accepted without the annotated conditions attached to each set of plans. The
Developer will be responsible for compliance with all Conditions of Approval specified and
obtaining the approvals of all participating non-City agencies prior to the issuance of building or
grading permits. [B, PL, PW]
87. Plans. All plans shall be fully dimensioned (including building elevations) accurately draWIl
(depicting all existing and proposed conditions on site), and prepared and signed by a licensed
civil engineer, architect or landscape architect. The site plan, landscape plan and details shall be
consistent with each other. [B, PL, PW]
88. Conditions of approval. The Developer/Property Owner shall develop this project and operate .
all uses in compliance with the Conditions of Approval of this Conditional Use Permit and Site
Development Review and the regulations established in the Zoning Ordinance. Any violation of
the terms or conditions specified may be subject to enforcement action. [PL]
12
.
53 ,;~' ~l
89. Permit revocable. The permit shall be revocable for cause in accordance with Section 8.132 of
the Dublin Zoning Ordinance. [PL]
PASSED, APPROVED AND ADOPTED this 22nd day of September, 1998.
A YES:
NOES:
ABSTAIN:
ABSENT:
Planning Conm1ission Chairperson
ATTEST:
Community Development Director
. g:\pa\98046\reso
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June 8, 1998
City of Dublin Planning Commission
100 Civic Plaza
Dublin, CA 94568
Re: Written Statement pertaining to the CondItional Use Permit Application for Morgan
Stone's Lube en' Latte.
'VRITTEN STA TE1\1ENT
a.) \Vhat type of Business, activity, or use are you proposing?
.
I am proposing a quick lube, preventive maintenance, and coffee business. (Other than
brewing coffee, lattes, and other coffee-bar beverages, there will be no on-site food
preparation; any other comestibles provided (i.e., muffins) will be on a "ready to eat"
basis. )
b.) How many employees will you have or propose to have? t,. k.-'I7U/J be.- l.c.X7rk-,,'~
I expect to have no more than ten.employees. )./t> ;110r'e f1:;an. 0
~/"'ff "jt;...z.. b;{61l:'~+ -:=:h/jT.. r?#vP .
c.) mat are the proposed hours and days of operation?
Hours of operation will be 7:00 AM to 7:00 P:M, Monday through Sunday.
d.) Will your business, activity or use target a specific segment of the community?
I will be targeting the middle- to high-income class of families in the community with
discounted services to senior citizens and students.
e,) In what ways will your business, activity or use benefit the community?
.
My business will benefit the community in that it provides a much needed automobile
maintenance service in a very environment-friendly manner. I have a strong desire to
ensure that this business not only blends in with others but that it sets a higher standard of
aesthetics and presentation as it applies to automotive service outlets. R c eEl V E "
J U H 1 9 1998
DUSUN PLN'.H~:f\
. 2116 M)Ttle Beach Lane, Danville. CA 94526 Phone: (925) 837-8504 Fa....: (925) 837-2559
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f.) Are there any ways in which your business, activity, or use may disrupt the peace
of the surrounding residents or businesses?
By providing a new auto-based service business at this location, it is likely that there ,viII
be an increase in vehicular activity onto and off of this property. I understand that I may
do my 0\\11 traffic study to assess this impact, or that I may rely upon the current traffic
study completed by the City (per conversation with Mehran Sepehri, Senior-Civil
Engineer, City of Dublin). I understand that my contribution to the mitigation of any
impact may involve a fee based upon projected vehicular use of the adjacent streets.
My hours of operation are consistent with adjacent commercial ac~ivity and should pose
no noise or activity conflict with existing business patterns. In fact, I would project a
positive impact for adjacent businesses from my prospective clients.
.
g,) Are there any ways in which your business, activity, or use have a negative effect
on the health or safety of persons residing or working in the vicinity or be detrimental to
the public health, safety or general welfare?
There will be no adverse impact created by the functioning of this business. In the course
of business, we \\~ll be removing used oil from vehicles, however, I will be contracting
with a certified waste disposal company for the removal and off-site recycling and/or
disposal of all waste product created during the course of my business acti,~ties. No
materials will be left open or exposed; all materials are drained into enclosed, secure
containers provided by the recycler who will be removing them in sealed containers
several times a week.
h.) \Vill you business, activity, or use create any negative impacts on property,
transportation systems or existing improvements in the neighborhood?
..
All new business activities will be confined to our property. \Ve intend to construct an
attractive commercial structure which should enhance the sense. of commerce at and
around this location to the benefit all adjacent merchants. Any impacts on transportation
systems will be small (see Item "b" above), aDd traffic impact mitigation will be per City
Transportation Studies.
i.) Describe how the design,ofthe project including site layout, structures, vehicular
access, circulation and parking, etc. will provide a desirable environment for the future
development.
This is a drive-thru vehicle service business/coffee shop. Access is restricted onto site
from Amador Valley Boulevard; egress off the site is restricted to Village P~k"Way. The
design of the auto service bays provides for drive-thru servicing with stacking space
on-site. The physical presence of the structure is contemporary, one-story, with clean
lines and professionally designed graphics. Both signage and building colors will be
distinctive and coordinated, yet subdued.
j.) Is the site physically suitable for the type and intensity of the development
proposed?
.
2116 Myrtle Beach Lane, Dam111e. CA 94526 Phone: (925) 837-8504 Fax:: (925) 837-2559
.
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The previous use of the site was for a UnocaI service station and automotive repairs, The
proposed minor repair automotive drive-thru business is suitable for the type of access and
consistent with the prior use and other requirements
k,) Describe how the proposed development may impact ,iews.
No view should be impacted as a result of this development. The adjacent bu~inesses have
no windows directly facing this site or other provisions to look toward this development.
Additionally, the structure is onepstory (consistent with adjacent development), is located
toward the center oftbe lot, and has ample landscaping proposed to soften the ",isual
impact at the corner.
1.) Describe the physical characteristics of the site including existing slopes and
topographic features. --
The site is effectively flat (please see survey provided). It is currently undeveloped,
overgrown with weeds, and behind a 6-foot high chain link fence,
ro.) Describe the architectural design/theme of the development including character.
scale and quality of the design, and explain how the project will relate to and be
compatible "with the existing site and the character of adjacent buildings, neighborhoods
and uses.
.
There is no clearly predominant architectural style in the neighborhood. Our architectural
theme is "industrial/modern" with softer color tonalities than might be found in other auto
service or showroom structures. My intention is to create an impression consistent with
crisp service in an casual, no-nonsense atmosphere which through the use of color, design,
and product will be inviting particularly to the female consumer. The style is intended to
attract busy people who appreciate professionalism and understand the need to regularly
attend ~o their cars but are uncomfortable with the conventional.gas/sef\~ce station
experience. I have sought out professional desigri services .to invest a sense of quality and
coordination of function, graphics, and finish into the structure.
n.) Describe how the landscape features have been designed so as to insure visual
relief and an attractive environment for the public.
..
I am proposing medium-height perimeter screening using drought-tolerant California
native specimens supported by an automatic irrigation system. My objective is a clean,
manicured appearance supporting the -impression of our quality service. Because this site
is at a traffic intersection, I will appreciate the input of the City Traffic Engineer on a
mutually agreeable solution to screening and driver visibility (for traffic safety),
.
0.) Is the proposed project located on a hazardous waste and substances site? (A list
of these sites is available in the Planning Department.
I have checked with your Planning department, and this property is not on the City's list of
hazardous sites.
2116 Myrtle Bea:h Lane, Dami.l1e, CA 94526 Phone: (925) 837-8504 Fa....; (925) 837-:!559
MORGAN H. STONE
'1:3 ~~7,
Phone ( 925 ) 837-8504
Fax ( 925 ) 837-2559
2116 Myrtle Beach Lane
Dam'i1Ie, CA 94526 .
...., P,J 4.' -,
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August 21. 1998,
DU:;Ut.' ;:.; 'i ~ ...".', ~-
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A.nne Kinney
City of Dublin Planning Department
100 Civic Plaza
P.Q, Box 2340
Dublin. CA 94568
Re: :Morgan Stone's Lube en' Latte CUP application.
.
Dear Ms. Kinney.
Being the developer of the above mentioned project, I hereby voluntarily agree to pay funds in
the amount of $7.616.00 (Seven thousand six hundred and sD.."1een) to mitigate the traffic impact
problem. I will pay this amount in full at the time of the building pernrit approval.
Sincerely.
'1Y~/)~
.K10rgan H. Stone
.
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MORGAN H. STONE
2 1 l6 Myrtle Beach Lane
Dam'ille, CA 94526
.,.-----....
Phone ( 925 ) 837-8504
Fax ( 925 ) 837-2559
August 26, 1998
Anne Kinney
City of Dublin Plarming Department
100 Civic Plaza
P.O. Box 2340
Dublin, CA 94568
Re: Morgan Stone's Lube en' Latte CUP application / Parking requirements.
...-~--...
Dear :Ms. Kinney,
In order to meet the parking requirements set forth by the city of Dublin for this property, I ",rill
have no more than six employees working at anyone time during business hours.
Sincerely,
ili..j h.~
Morgan H. Stone
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INITIAL STUDY/
NEGATIVE DECLARATION
Prepared For:
City of Dublin
.
City Applications:
Conditional Use Permit
and
Site Development Review
Prepared By:
Dublin Planning Department
Contact: Anne Kinney
(925) 833-6610
September 1998
.
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City of Dublin
Environmental Checklist/Initial Study
.
Project Location
The project site is located at the northwest corner of the intersection of Village Park\\'ay and Amador
Valley Boulevard. The site is a 14, 694 square foot parcel which is rectangular in shape apd measures
approximately 149 by 100 feet. This prop~rty was formerly a Unocal Service Station and is currently
\'acant. The sen'ice station surface and subsurface fadlities were removed in March 1996 and there are
no remaining structures on the site.
Surrounding land uses include the Valley Center, a co1nmercial strip mall and an office building adjacent
to the west and to the north respectively. An Arco Service Station, a fonner BP Service Station and an
Oil Changer are located on the other three corners of the intersection towards the east, southeast and
south of the subject property.
Exhibit 1 depicts the project location.
Project Description
1\10rgan H. Stone, the applicant is requesting Conditional Use Pennit and Site Development Reviev,'
approval to construct a 4,344 square foot drive-through quick lube, preventive car maintenance and
coffee bar service \vith landscaping, parking and signage. The building includes four drive-through
vehicle service bays, customer lounge and office area. It is proposed that the drive-through service
would operate from 7:00 a.m, to 7:00 p.m. Monday to Sunday and would employ approximately ten
people with no more than six employees during the largest shift.
.-
Vehicular access to the site is restricted to entrance only access from An~ador Valley Boulevard with
exit only onto Village Park.'"W'ay. A total of seven parking spaces are proposed including one-
handicapped stall. The proposed amount of parking meets the minimum City requirement for the
proposed use of 1 parking space per empioyee on the largest shift.
Refer to Exhibit 2 Site Plans
.
2
Morgan Stone's Lube 'N' Lane
PA 98.046
7311
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C,'
P A 98-046, Lube 'N' Latte Conditional Use Permit and Site
Development Review.
Morgan H. Stone, the applicant, is requesting approval of a
Conditional Use Permit and Site Development Review for the
construction of a drive-through quick lube! preventive car
maintenance and coffee bar service.
. 1. Project description:
'.
.
2. Lead agency:
3. Contact person:
4. Project location:
5. Project sponsor:
City of Dublin
100 Civic Plaza
Dublin CA 94568
Jume Kinney, Assistant Plarmer
Northwest corner of the intersection of Village Parkway and
Amador Valley Boulevard
Morgan H. Stone
6. General Plan designation:
Retail/Office
7. Zoning:
C-N Neighborhood Commercial Zoning District
8. Surrounding land uses:
North: Office building - Chiropractor and Dentist Offices
West: Valley Center, commercial strip mall
Across Intersection towards East: Arco Service Station
Across Intersection Southeast: Former BP Service Station
Across Intersection towards East: .Oil ChaI),ger
9. Other public agency required approvals:
L
. Building permits (City of Dublin)
3
Morgan Stone's Lube 'N' Latte
PA 98-046
5tf qj' (S I'
Environmental Factors Potentially Affected .
The environmental factors checked below would be potentially affected by this project, involving at
least one impact that is a "potentially significant impact" as indicated by the checklist on the follO\\'ing
pages.
Land U seiPlanning T ransportatiOIy' . Public Services
Circulation
I PopulationIHousing Biological Resources . Utilities/Service
Systems
Geotechnical Energy!r\1ineral I Aesthetics
Resources ...-
\Vater Hazards Cultural Resources
Air Quality Noise Recreation
Mandatory Findings
of Significance
Determination (to be completed by Lead Agency):
On the basis of this initial evaluation:
.'
---X-I find that the proposed project could not have a significant effect on the environment and a
Negative Declaration will be prepared.
, _ I find that although the proposed project could have a significant effect on the environment, there
v..:ill not be a significant effect in this case because the mitigation measures described on an attached
sheet have been added to the project. A Negative Declaration will be prepared.
_ I find that although the proposed project may have a significant effect on the environment, but at
least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal
standards, and 2) has been addressed by mitigation measures based on earlier analysis as described on
the attached sheets, if the effect is a "potentially significant impact" or "potentially significant unless
mitigated." An Environmental Impact Report is required, but must only analyze the effects that
.-remain to be addressed.
_ I fmd that although the proposed project could have a significant effect on the environment, there
will not be a significant effect in this case because all potentially significant effects (a) have been
analyzed adequately in an earlier EIR pursuant to applicable standards, and (b) have been avoided or
mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed on
the proposed project.
Signature:
41<---'
Date:
rill hr:-
.
Printed Name: 4>fe.. K.."111~
.
For:
4
Morgan Stone's Lube 'N' Lane
PA 98-046
.'
55 76< c:; CO;
. Evaluation of Environmental Impacts
1) A brief explanation is required for all answers except "no impact" answers that are adequately
supported by the information sources a lead agency cites in the parenthesis following each
question. A "no impact" answer is adequately supported if the referenced inform~tion sources show
that the impact simply does not apply to projects like the one involved (e.g. the project faIls outside
a fault rupture zone). A "no impact" answer should be explained where it is based on project-
specific factors as well as general factors (e.g. the project will not expose sensitive receptors to
pollutants, based on a project-specific screening analysis).
2) All answers must take account of the whole action, including off-site as well as on-site, cumulative
as well as project-level, indirect as well as direct, and construction as well as operational impacts.
3) "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is
significant. If there are one or more "poteI?-tiaIly significant impact" entries when the determination
is made, an EIR is required.
4) "Negative Declaration: Potentially Significant Unless :Mitigation Incorporated" implies elsewhere
the incorporation of mitigation measures has reduced an effect from "potentially significant effect"
to a "less than significant impact." The lead agency must describe the mitigation measures and
. briefly explain how they rednce the effect to a less than significant level.
5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA
processes, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section
15063 (c) (3) (D). Earlier analyses are discussed in Section 17 at the end of the checklist.
6) Lead agencies are encouraged to incorporate the checklist references to information sources for
potential impacts (e.g. general plans, zoning ordinances). References to a previously prepared or
outside document should, where appropriate, include a reference to the page or pages where the
. docmnent in substantiated. A source list should be attached and other sources used or individuals
contacted should be cited in the discussion.
7) This is only a suggested form and lead agencies are free to use different forms.
.
5
Morgan Stone's Lube 'N' Latte
PA 98-046
".
.- / ,<-,,/ ."~"' '1'
:7 <.7 V.J-
Environmental Impacts (Note: Source of determination listed in parenthesis. See listing of source
used to determine each potential impact at the end of the checklist)
):ote: A full discussion of each item is found
following the checklist.
1. Land Use and Planning. Will the project
a) Conflict with general plan'designation or
zoning? (Source: 4. 5)
b) Conflict with applicable environmental plans
or policies adopted with jurisdiction over the
project? (Source: 4, 5)
c) Be incompatible "ith existing land use in the
. . . ? (S I ... 4 -)
"lCHut)'. ource:, -', ,)
d) Affect agricultural resources or operations
(soils or fannlands or impacts from
incompatible uses)? (Source: 2, 3)
e) Disrupt the physical arrangement of an
established community (including low income
or a minority community)? (Source: 1, 3)
II. Population and Housing. Would the project:
a) Cumulatively exceed official regional or local
population projections? (Source: 2,4,5)
b) Induce substantial growth in an area either
directly or indirectly (e.g. through projects in an
undeveloped area or e>..1:ension of major
infrastructure)? (Source: 3)
c) Displace existing housing, especially affordable
hOUSIng? (Source: 3)
III. Soils and Geology. Would the proposal result in
or expose people to potential impacts involving:
a) Fault rupture? (Source: 1,2 )
b) Seismic ground shaking? (Source: 1,2)
c). Seismic gronnd failure? (Source: 1,2)
d) Seiche, tsnnami, including liquefaction?
(Source: 1, 2)
e) Landslides or mudflows? (Source: 1, 2)
f) Erosion, changes in topography or unstable soil
conditions from excavation, grading or fill?
(Source: 1,2)
g) Subsidence ofland? (Source: 1,2)
h) Expansive soils? (Source: 1, 2)
Potentially Potentially Less than No
Significant Significant Significant Impact
Unless . Impact
Mitigated
X
..
X
X
X
X
X
X
X
X
X
X
X
X
X
X
I X
.
.
6
Morgan Stone's Lube 'N' Lane
PA 98~046
.
i) Unique geologic or physical features? (Source:
? "')
-,.)
IV. Water. Would the proposal result in:
a) Changes in ~bsorption rates, drainage patterns,
the rate and amount of surface run-off? (Sourc
1,2)
b) Exposure of people or property to water related
hazards such as flooding? (Source: FEMA map
c) Discharge into surface waters or other alteration
of surface water quality (e.g. temperature,
dissolved oxygen or turbidity)?
(Source: I, 2)
d) Changes in the amount of surface water in any
water body? (Source: I, 2)
e) Changes in currents or the course or direction of
water movements? (Source: 1, 2)
. Changes in the quantity of ground waters, either
. '.," " through direct additions or 'withdrawals, or
through substantial loss of groundwater
recharge capability? (Source: 1, 2)
g) Altered direction of rate of flow of groundwater?
(Source: 1, 2)
h) Impacts to groundwater quality? (Source: I, 2)
i) Substantial reduction on the amount of
groundwater otherwise available for public
water supplies? (Source: 1, 2)
V. Air Quality. Would the proposal:
a) Violate any air quality standard or contribute to
an existing or projected air quality violation?
(Source: 1, 2) ,
b YExpose sensitive receptors to pollutants?
(Source: 1, 2 )
c) .A...lter air movement, moisture, temperature, or
cause any change in climate? (Source: 1, 2)
d) Create objectionable odors? (Source: 1, 2)
vi. Transportation/Circulation. Wauld the
. proposal result in?
. a) Increased vehicle trips or traffic congestion?
(Source: 1,2,3)
/ ,:r
C' /// __/ c:".'
.-" -}i
Potentially Potentially Less than No
Significant Significant Significant Impact
Unless Impact
Mitigated
1, I X
or X
e:
-.
) X
X
I X
I I X
X
X
X
X
X
X
X
X
I X
7
Morgan Stone's Lube 'N' Latte
PA 98-046
b) Hazards to safety from design features (e.g.
sharp curves or qangerous intersections) or
incompatible uses (~.g. farm equipment)?
(Source: 1,2,3)
c) Inadequate emergency access or access to nearb
uses? (Source: 1,2,3)
d) Insufficient parking capacity on-site or off-site?
(Source: 1,2)
e) Hazards or barriers for pedestrians or bicyclists?
(Source: I, 2, 3)
f) Conflicts \vith adopted policies supporting
alternative transportation (e.g. bus turnouts,
bicycle racks)? (Source: 1,2)
g) Rail, waterborne or air traffic impacts? (Source:
I, 2, 3)
\11. Biological Resources. Would the proposal
result in impacts fo:
a) Endangered, threatened or rare species or their
habitats (including but not limited to plants,
fish, insects, animals and birds)?
(Source: 1,2, 3)
b) Locally designated species (e.g. heritage trees)?
(Source: 1,2,3)
c) Locally designated natural communities (e.g. oak
forest, coastal habitat)? (Sotl!ce: 1,2)
d) Wetland habitat (e.g. marsh, riparian and vernal
pool)? (Source: 1, 2)
e) Wildlife dispersal or migration corridors?
(Source: 1, 2)
VII..Energy and Mineral Resources. Would the
. . proposal:
a) Conflict with adopted energy conservation
plans? (Source: 1, 2)
b) Use nonrenewable resources in a wasteful and
inefficient manner? (Source: 1, 2)
c) Result in the loss of availability of a known
mineral resource that would be of future value
to the region and residents of the State?
(Source: 1, 2)
'.
5% ~ ~l
Potentially Potentially Less than No
Significant Significant Significant Impact
Unless Impact
Mitigated
X
y X
- X
X
X
X
X
X
X
X
X
X
X
X
I
.
.
.
8
Morgan Stone's Lube 'N' Lane
PA 98-046
~'
.
IX. Hazards. Would the proposal involve:
a) A risk of accidental explosion or release of
hazardous substances including but not limited
. to oil, pesticides, chemicals, or radiation?
(Source: I, 2, 6)
b) Possible interference with an emergency
response plan or emergency evacuation plan?
(Source: I, 2)
c) The creation of any health hazard or potential
health hazards? (Source: I, 2, 6)
d) Exposure of people to existing sources of
potential health hazards? (Source: 1, 2, 6)
e) Increased fire hazard in areas with flammable
brush, grass or trees? (Source: 1, 2)
X. Noise. Would the proposal result in:
.a) Increases in existing noise levels? (Source: 1, 2,
4)
b) Exposure of people to severe noise levels?
(Source: 1, 2, 4)
XI. Public Services. Would the proposal result in a
needfor new or altered governmental sen'ices
in any of the following areas?
a) Fire protection? (Source: 1,2)
b) Police protection? (Source: 1, 2)
c) Schools? (Source: 1,2)
d) ~1aintenance of public facilities, including
roads? (Source: 1, 2)
e) Other governmental services? (Source: 1,2)
XII. Utilities and Service Systems. Would the
.. proposal result in a need for new systems or
supplies. or substantial alterations in the
following utilities?
a) Power or natural gas? (Source: 1,2)
b) Communication systems? (Source: 1, 2)
c) Local or regional water treatment or distribution
. systems? (Source: 1, 2)
d) Sewer or septic systems? (Source: 1, 2)
e) Storm water drainage? (Source: 1,2)
f) Solid \vaste disposal? (Source: 1,2)
5 (.-,/ ;,. 1
.....
Potentially Potentially Less than No
Significant Significant Significant Impact
Unless Impact
Mitigated
:
X
~ X
X
I
X
I X
I I
I X
X
I X
X
X
X
.
I X
I X
X
X
X
X
X
9
Morgan Stone's Lube 'N' Laue
PA 98-046
g) Local or regional water supplies? (Source: I, 2)
XIII. Aesthetics. TYould the proposal:
a) Affect a scenic vista or view? (Source: 1,2,3)
b) Have a demonstrable negative aesthetic effect?
(Source: 1,2,3)
c) Create light or glare? (Source: 1, 2, 3)
XIV. Cultural Resources. Would the proposal:
a) Disturb paleontological resources? (Source: I ,2,3
b) Disturb archeological resources? (Source: 1, 2,3
c) Have the potential to cause a physical change
\\'hich would affect unique ethnic cultural
values? (Source: 1, 2)
d) Restrict existing religious or sacred uses within
potential impact area? (Source: 1,2)
XV. Recreation. Would the proposal:
a) Increase the demand for neighborhood or
regional parks or other recreational facilities?
(Source: 1,2)
b) Affect existing recreational opportunities?
Source: 1, 2)
x"VI. Mandatory Findings of Significance.
a) Does the project have the potential to degrade
the quality of the environment, substantially
reduce the habitat of a fish or wildlife species,
cause a fish or wildlife population to drop
belo\v self-sustaining levels, threaten to
eliminate a plant or animal community, reduce
the nmnber of or restrict the range of a rare or
... endangered plant or animal or eliminate
important examples of the major periods of
California history or prehistory?
b) Does the project have the potential to achieve
short-term, to the disadvantage ofIong-term,
environmental goals?
..
60 9 ~~ I
I X
Potentially Potentially Less than No
Significant Significant Significant Impact
Unless Impact
Mitigated
X
X
X
... I
) X
) X
X
I X
I
X
X
X
X
.
..
.
10
Morgan Stone's Lube 'N' Latte
PA 98~046
,..
j
.,'
.
. c) Does the project have impacts that are
indh.idually limite.d, but cumulatively
considerabie? ("Cumulatively considerable"
means that the incremental effects 'of a project
are considerable when viewed in connection
\\'ith the effects of past projects, the effects of
other current projects and the effects of
probable future projects).
d) Does the proj ect have environmental effects
which will cause substantial adverse effects on
human beings, either directly or indirectly?
6/
."" /~.:;..
~. ~/
u
Potentially Potentially Less than No
Significant Significant Significant Impact
Unless Impact
Mitigated
X
~
X
Sources used to determine potential environmental impacts
Determination based on location ofproject.
Determination based on staff office review.
Determination based on field review.
Determination based on the City of Dublin General Plan.
Determination based on the City of Dublin Zoning Ordinance.
Two (2) ~lameda County Health Care Services Agency letters dated July 16, 1997
Not ApplIcable.
.
l.
2.
..,
,).
4.
5.
6.
7.
XVII. Earlier Analyses
Earlier analyses may be used where, pursuant to the tiering, program ErR, or other CEQA process, one
or more effects have been adequately analyzed in an earlier ErR or negative declaration, Section 15063
(c)(3)(d). In this case, a discussion should identify the following on attached sheets.
a) Earlier analyses used. Identify earlier analyses and state where they are available for review.
b) Impacts adequately addressed. Identify which effects from the above checklist were within the
scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state
whether such effects were addressed by mitigation measures base don an earlier analysis.
c) Mitigation measures. For effects that are "less than significant with mitigation incorporated,"
describe the mitigation measures which are incorporated or refined from the earlier document and the
e},.1:ent to which they address site specific conditions for the project.
.
11
Morgan Stone's Lube 'N' Latte
PA 98-046
....
bcA c6 r;, I
EVALUATION OF ENVIRONI\fENTAL II\fPACTS
.
1. Land Use and Planning.
There are no impacts to Items 1A through IE. This determination is based on the sources referenced in
the Initial Study. The General Plan designation for the project site is Retail/Office. The project is
located in the C-N Neighborhood Commercial Zoning District. This project is consistent with the
Dublin General Plan and the Zoning Ordinance, subject to Conditional Use Permit approval. This initial
study represents full California Enviro~ental Quality Act compliance with regard to the proposed
project. The City of Dublin has adopted no other City-wide or specific environmental plans or policies
which would affect this application. The existing land uses in the vicinity are retail, office and auto
services and compatible with the drive-through auto ser:;vice proposed. The site has no recent history of
agricultural production and has been developed with a service station since 1964. The surface and
subsurface service station facilities were removed in March, 1996 and the site is currently vacant. The
proposed use will not alter the planned land use of the neighborhood because this use has been made
compatible with adjacent commercial uses by means of conditions of approval for a Conditional Use
Permit.
2. Population and Housing.
There are no impacts to Items 2A through 2C. This determination is based on the sources referenced in
the Initial Study. The project will not significantly alter the overall density, location, distribution or
grov.th rate of the human population in the area. The project will not impact existing housing or create a.....
need for new housing because a drive-through auto business serves existing Dublin residents in the
immediate area.
3. Geologic Problems.
There are no impacts to Items 3A through 31. This determination is based on the sources referenced in
the Initial Study. The project site was previously developed with a Unocal Service Station, which was
demolished in March, 1996. The property is currently vacant and no structures exist on the site. The
topography of the site is relatively flat and only minor grading would be required to develop the property
for tbeproposed use. No geologic hazards are known to exist on the site or in the surrounding area.
4. Water.
There are no impacts to Items 4A through 41. This determination is based on the sources referenced in
the Initial Study. The site is located in Zone X of the current FEMA map, which is defined as "areas
determined to be outside of the 500-year flood". The site does not cross over any waterways.
.According to a representative of Zone 7, there are no water supply facilities within the immediate
vicinity of the project. Known water wells without a documented intent of future use and filed with
Zone 7 are to be destroyed prior to any demolition or construction activity. There are no known wells
remaining within the project
5. Air Quality.
There are no impacts to Items 5A through 5D. This determination is based on the sources referenced in .
the Initial Study. - The site was previously developed with a Unocal service station and is surrounded by
commercially developed properties. Although the project involves the slow paced movement of motor
vehicles through the drive-through service, the- vehicles are not expected to contribute substantial
12
Morgan Stone's Lube 'N' Latte
PA 98-046
.
.
.
. "
'.
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69
." /.' 1'~'
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vehicular air emissions that would deteriorate ambient air quality. The project proposes four service
bays, with a maximum of eight cars waiting at anyone time. Due to the nature of this type of business
and the waiting periods involved, vehicles will wait with engines disengaged. The project will not alter
local or regional climate temperatures or air movements.
In terms of construction related impacts, it is anticipated that the construction of the site might generate
temporary increases in dust and particulate matter caused by excavation and grading activities. The
City's standard grading ordinanc~ requirements require measures to ensure that these types of sh?rt tem1
construction impacts are minimized.
6. Transportation/Circulation.
There is no impacts to items 6A through 6G. This detennination is based on the sources referenced in
the Initial Study. The City of Dublin, Public Works Department has reviewed the proposed project and
has determined that the project would add additional vehicles to local roadways. A Traffic Study
detennined that an amount of $7,616 would be required to mitigate impacts to roadways in the area.
Project generated traffic will be distributed on Amador Valley Boulevard and Village Parkway. The
Applicant has agreed to mitigate these traffic impacts by the voluntary payment of $7,616 for street
improvements.
The proposed use is a drive-through quik lube, preventative car maintenance and coffee bar service
involving the construction of a new 4, 344 square foot building. The current Dublin Zoning Ordinance
requires the on-site provision of one parking stall per employee on the largest shift. The Applicant has
stated that the maximWTI munber of employees on a shift would be six. The project provides six plus
one handicapped parking spaces which is consistent with the Dublin Zoning Ordinance. Staff is
concerned that a parking problem may occur if the number of employees per shift increases or if a future
use locates on the property which has a higher parking demand. Conditions of Approval attached to the
project shall require the Applicant to enter into a reciprocal parking agreement if a parking problem
occurs:
The site has been designed 'with entrance only access from Amador Valley Boulevard and exit only on to
Village Parkway. The project will not impact emergency access or access to nearby uses, create a
hazard for pedestrians or bicyclists, conflict with transportation policies or result in rail, waterborne or
air traffic impacts.
7.,8. & 14. Biological, Energy and l\1:ineral, and Cultural Resources.
There are no impacts to Items 7A through 7E; 8A through 8C; or, 14A through 14D. This determination
is based on the sources referenced in the Initial Study. The project site was previously developed with a
Unocal Service Station, which was demolished in March, 1996. The site is currently vacant and no
significant trees or other vegetation exist on the property. No known rare or endangered or threatened
species, or energy, mineral or cultural resources are present on this fonner developed site.
9. Hazards.
There are no impacts to Items 9A through 9E. This detennination is based on the sources referenced in
the Initial Study. The project is located on a hazardous waste and substances site. All potential health
hazards are addressed by the Department of Environmental Health and The State Department of General
13
Morgan Stone's Lube 'N' Latte
PA 98~046
_.'
" -
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Seryices. Alameda County Health Care Services Agency issued a "Fuel Leak Site Case Closure" letter.
dated July 16, 1997, for the former Unocal property at 7375 Amador Valley Blvd. The letter indicates
that no further remedial action wiII be required for the property and the site presents no significant risk
to human health or the environment. Conditions of Approval attached to the project shall require the
Applicant to prepare and file a Hazardous Materials Management Plan with Alameda. County
Environmental Health Department.
10. Noise.
There is less than significant impacts to Items lOA through lOB. This determination is based on the
sources referenced in the Initial Study. The-project site is located on a busy intersection and is
surrounded by commercially and residentially developed properties. The proposed development will not
significantly increase noise levels or expose surrounding residents and business owners to severe noise
levels. Conditions of approval will address construction traffic, noise and hours of operation.
11. Public Services.
There are no impacts to Items llA through Ill. This determination is based on the sources referenced in
the Initial Study. The proposed drive-through automobile service \\iII not demand more public services
than already being provided to the commercial and residential uses in the vicinity.
12. Utilities and Sen'ices Systems.
There are no impacts to Items 12A through 12G. This determination is based on the sources referenced
in the Initial Study. Utility providers have reviewed the project and have determined that either the
infrastructure exists or a method to fund the infrastructure has been provided for. Any required sewer
and/or water connection fees will be charged by the Dublin San Ramon Services District (DSRSD) at the
time of building permit issuance.
..,
13. Aesthetics.
There are no impacts to Items 13A through 13C. This determination is based on the sources referenced
in the Initial Study. A review of site plans and a field visit to the project site indicate that the project
. .
would not result in the obstruction of any scenic vista or view open to the public.
15. Recreation.
There are no impacts to Items 15A and a less than significant impact to I5B. This determination is based
on the sources referenced in the Initial Study. The proposed project v.ill not have a significant effect on
: the existing recreational facilities. The City has in place a Public Facilities Fee which is charged to all
. developments in the City. The fee pays for improvements to parks as well as other public facilities in
the City.
.
14
Morgan Stone's Lube 'N' Latte
PA 98.046
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.
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. 2116 Myrtle Beach Lane y-:.
DanviIle, CA 94526 : -'-.
MORGAN H. STONE
Phone ( 925 ) 83768504
Fa.x ( 925 ) 837-2559
t,;.5 06 b f
;::~cin\i'~~i
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September 28, 1998
DIJ5UN P:~...i',r"i~.1G
Kay Keck
City of Dublin
100 Civic Plaza
P.O. Box 2340
Dublin, CA 94568
RECEIVED
. SEP. 2 ~ 1998
GlTY Ur UUBLlN ,
Re: Morgan Stone's Lube en' Latte CUP application Appeal, Planning Application # PA 98-046.
Dear Ms. Keck,
I am the applicant for the above referenced matter and would like to appeal the Planning
Commission's denial of the application to the City CounciL
The particular use for which I applied meets all the requirements for this location and the
Commission's decision to deny is unfounded,
Sincerely,
~~-h,~
Morgan H. Stone
'G c-d ~ r
On motion by em. Hughes, seconded by Cm. Johnson, and with a vote of 3-2, with Cm. Jennings and
Cm. Musser opposing, the Planning Commission adopted
"
.
RESOLUTION NO. 98-41
RECOMMENDING CITY COUNCIL APPROVAL OF AN AMENDMENT
TO CHAPTER 8.136, APPEALS OF THE MUNICIPAL CODE
(ZONING ORDINANCE)
8.2 PA 98-042, San Ramon Valley Shopping Center Planned Development Rezone. (THIS
ITEM HAS BEEN CONTINUED TO THE OCTOBER 13. 1998 MEETING)
On motion by Cm. Johnson, seconded by Cm. Oravetz, the Planning Commission unanimously agreed
to continue PA 98-042 San Ramon Valley Shopping Center PD Rezone to the October 13, 1998
meeting.
8.3
P A 98-046, Morgan Stone's Lube 'N' Latte, Conditional Use Permit (CUP) and Site .
Development Review (SDR) for a 4, 344 square foot drive-through auto business providing oil
changes, routine car maintenance and coffee bar service. The property is located at 7375
Amador Valley Boulevard, (APN 941-175-21-2). The property is zoned C-N Neighborhood
Commercial Zoning District.
Cm. Jennings opened the public hearing and asked for the staff report.
Anne Kinney, Assistant Planner, presented the staff report. She stated that the project site is located on
the northwest comer of the intersection of Village Parkway and Amador Valley Boulevard. The site was
formerly developed as a Unocal Service Station, which was closed over 2 years ago and the site is
currently vacant. The Applicant, Morgan Stone is requesting approval of a Conditional Use Permit and
Site Development review to allow the operation and construction of a drive-through auto service
providing oil changing services and routine car maintenance. The business will also offer customers a
lounge/waiting area where coffee and bakery goods may be purchased. The project provides six plus one
.. handicapped parking spaces, which meets the minimum requirements of the Zoning Ordinance. Staff is
concerned that a parking problem may occur if the number of employees per shift increases or a future
use locates on the property, that has a higher parking demand. Conditions of approval attached to the
project shall require the applicant to enter into a reciprocal parking agreement if a parking problem
occurs. The Public Works department has determined that the project will generate additional vehicular
trips on Amador Valley Boulevard and Village Parkway. The Applicant has agreed to mitigate these
traffic impacts by the voluntary payment of funds for street improvements. A condition of approval .
addresses the requirement to maintain driveway access between the Valley Center and the proposed drive-
Planning Commission Meeting
89
September 22,1998
EXHmIT 5
"
6?1f61
through to improve traffic circulation and safety. Staff recommends the Planning Commission adopt a
resolution approving the Conditional Use Permit and Site Development Review subject to the conditions
specified.
.
Cm. Oravetz asked why the adjacent tenant was not interested in entering into a parking agreement.
Morgan Stone, applicant stated that he offered the adjacent property owner $200 for 6 spaces, but the
property owner is waiting to see if additional spaces are required.
Cm. Jennings asked if people could buy a latte without getting the lube service.
Mr. Morgan responded no, it was for customers only. They anticipate 32-47 cars per day and the
average is one vehicle per hour. At the end of the day, there will be no cars left on the property. They
also offer fax and copy machines in their lounge for customers to use while they wait for their car. He
had pictures of a shop in Antioch, which showed how the building looked.
Cm. Jennings asked if the shop in Antioch was currently open.
Mr. Morgan stated yes.
Cm. Oravetz asked what other services they provide.
.
Morgan stated that they only advertise oil changes. It will be up to the employee to make the sale and
the service, depending on their qualifications. His services cost more and take longer because they do
more than a basic oil change.
Josephine Distefano, 7423 Tehan Court, felt there are enough fast food restaurants, and drive through
facilities, and would like to see something more efficient.
Cm. Jennings closed public hearing.
Cm. Oravetz said that the Downtown Task Force has discussed rebuilding Village Parkway. He asked
if any other folks are interested in the property. He wants downtown Dublin to look like downtown
Pleasanton or downtown Danville.
Mr. Peabody stated he has not spoken with anyone on any other ideas. This site is very small. It is a
. tough site to put anything on unless it is a small use. That may be why it has been vacant for so long.
Cm. Hughes stated he likes the concept and 3 of the 4 comers in that area have always been automotive.
He felt this building looks better than what is in the area.
Cm. Johnson did not have a problem with the project.
.
Cm. Jennings said there was a drive through espresso bar in the next parking lot.
Planning Commission Meeting
90
September 22,1998
6 8' ~ 6;7
~
Cm. Hughes felt it would not impact the other latte business because Mika's is a drive through.
Cm. Jennings asked where would the customers go if the car was finished and they were not done using .
the fax machine.
Mr. Morgan stated that usually the customer does not want to hang around. The car will stay in the bay
until the customer picks it up.
Cm. Oravetz commented that it may fit in well, but we are. trying to change the image of the downtown
area.
Cm. Hughes is concerned that if this project did not go through, it may become another service station.
This project is different from a service station and the design of the building is very nice. We can all
hope that Dublin will someday look like DanviIIe, but it won't happen. It was a service station for 20
years and it has been an empty lot for approximately 4 years. The project is consistent with the zoning
of the area.
Ms. Distefano asked if the project is approved, why does it have to be open 7 days per week.
Mr. Morgan stated this is a convenience business. He wants to offer convenience and have a
comfortable atmosphere for this customer. He wants it to be a good service to offer the entire valley.
Cm. Johnson asked if there would be a lot of noise.
.
Mr. Morgan stated that the only noise would come from a compressor.
Cm. Jennings asked if the entrance is one way in and one way out.
Ms. Kinney responded yes. The Public Works Department wants to keep the main driveway between
the two properties open. She stated that the property owner of the adjacent property might want to
divide the two properties with a fence or landscaping, which may effect parking.
Cm. Musser shared em. Oravetz' concerns. He felt Dublin did not need another oil changer. He was
concerned about the parking, and did not like the roll up doors. He liked the curved facade on the corner
but was not sure this was the right use for Dublin.
. Dr. Deluca, DDS, stated that his office is next door and the parking is bad. He said he has two of his
, employees parking in the lot and if a patient takes a spot there may be parking problems. He also had a
concern about the noise for dental and chiropractic patients.
Cm. Hughes asked if the cars on the right hand side were on the proposed property site.
Ms. Kinney responded yes.
Cm. Hughes commented that whatever business goes in, you are going to have at least 6 employees and
.
Planning Commission Meeting
91
September 22,1998
..
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parking will be a problem. It comes down to whether this business is consistent with the area and it is.
This part of the street is not in the downtown plan.
.
Cm. Oravetz stated the whole area is considered downtown. The citizens are not going to draw a line
and say Oil Changers are in the downtown area and this site is not.
Cm. Johnson felt this was a higher type of service that looks good and we do not have another use going
in there. The City has the opportunity to put a very nice looking building that will service the ~
community. T~is project is here now, on the edge of downtown, and it looks good.
On motion by Cm. Hughes, seconded by Cm. Cm. Johnson and with a vote of2-3, the project was
denied for lack of a majority vote.
RESOLUTION NO. 98 -
FOR P A 98-46 MORGAN STONE'S LUBE 'N' LATTE,
CONDITIONAL USE PERMIT, SITE DEVELOPMENT REVIEW AND ADOPTION OF A
NEGATIVE DECLARATION FOR A 4,344 SQUARE FOOT DRIVE-THROUGH AUTO
BUSINESS PROVIDING OIL CHANGING, ROUTINE CAR MAINTENANCE AND
COFFEE BAR SERVICE AT 7375 VILLAGE PARKWAY
.
8.4 P A # 98-035, Tassajara Meadows Planned Development (PD) Rezone, Site Development
Review and Vesting Tentative Map. The property is located on the north side of Gleason
Drive, west side of Tassajara Road, south of Casterson property (Alameda County Surplus
Property Authority - Site 1); ASSESSOR PARCEL #: 986-0005-003-01 (11.7 :!: acres) The
proposed development is located within the Eastern Dublin Specific Plan area and involves a
Planned Development Rezoning, a Vesting Tentative Map, and Site Development Revie,w for 95
small-lot detached homes.
Cm. Jennings asked for the staff report.
.
Tasha Huston, Associate Planner, gave a brief description of the project. The item is a development
project located along the west side of Tassajara Road, north of Gleason Road, in the Eastern Dublin
, Specific Plan area. The proposed development involves 95 homes on a site that is nearly 12-acres. The
. application includes a Planned Development (PD) Rezone & Development Plan, a Vesting Tentative
Map, and Site Development Review. A Development Agreement is also required prior to approval of
the Final Map. Overall, the project has been designed to incorporate many aesthetic and practical
amenities, as well as attractive architecture, which contribute to a well-planned community. City
Departments and service agencies have reviewed the project, and their comments have been incorporated
into the Conditions of Approval. The proposed project is consistent with the Dublin General Plan and
Eastern Dublin Specific Plan, and represents an appropriate project for the site. Therefore, Staff
recommends approval of the Casterson Property Planned Development. There was one minor change to
Planning Commission Meeting
92
September 22,1998