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Home My WebLink About08-16-1993 Item 8.3 93-028 Burger King Restaurant CUP/SDR TO: FROM: PREPARED BY: SUBJECT: GENERAL INFORMATION: CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: August 16, 1993 Planning Commission Planning Staff ~~ Carol R. Cirelli, Associate Planner PA 93-028 Burger King Restaurant CUP/SDR PROJECT: APPLICANT: PROPERTY OWNER: LOCATION: ASSESSOR PARCEL: PARCEL SIZE: GENERAL PLAN DESIGNATION: DOWNTOWN SPECIFIC PLAN DESIGNATION: EXISTING ZONING AND LAND USE: ITEM NO. I. ~ Conditional Use Permit and site Development Review request to demolish an existing building and construct a new 2,897 square foot fast food and drive through restaurant with an outdoor eating/seating/playground area and voluntarily contribute traffic improvement funds in the amount of $20,878. Matthew Schoenberg, President Sydran Food Services, L.P. c/o Rauschenbach Marvelli Becker, Architects 2460 Watt Avenue, suite 200 Sacramento, CA 95825 Peter B. Bedford Liberty House P.O. Box 1267 Lafayette, CA 94549 6921 Regional Street 941-1500-43 .78 acres Retail/Office Zone 2: General Commercial C-l, Retail Business District; vacant building COPIES TO: Applicant Owner Address File PAGELOF t..t1 SURROUNDING LAND USE AND ZONING: South: Bank/Retail Shopping Center (Mervyn's); C-1, Retail Business District Retail Shopping Center (Orchard Supply Hardware); C-1, Retail Business District Retail Shopping Center (Orchard Supply Hardware); C-1, Retail Business District Regional Street/Retail Shopping Center; Public Right-of-WayjC-1, Retail Business District North: East: West: ZONING HISTORY: C-3243: On June 22, 1977, the Alameda County Zoning Administrator approved a Conditional Use Permit request (Amfac, Inc./Security National Bank) to allow a drive in business in the C-1 District. S-650x: On February 28, 1978, the Alameda County Planning Director approved a site Development Review request to construct an approximate 2,700 square foot office (bank) building with 4 drive up teller windows. APPLICABLE REGULATIONS: section 8-48.2A.8. states that a drive through business is a Conditional Use in the C-1, Retail Business District. section 8-48.2A.9. states that an outdoor seating/eating area is a Conditional Use in the C-1, Retail Business District. section 8-94.0 states that conditional uses must be analyzed to determine: 1) whether or not the use is required by the public need; 2) whether or not the use will be properly related to other land uses, transportation and service facilities in the vicinity; 3) whether or not the use will materially affect the health or safety of persons residing or working in the vicinity; and 4) whether or not the use will be contrary to the specific intent clauses or performance standards established for the district in which it is located. section 8-95.0 states that site Development Review is intended to 1) provide orderly, attractive and harmonious site and structural development compatible with individual site environmental constraints and compatible with surrounding properties and neighborhoods; 2) resolve major project related issues including, but not limited to, building location, architectural and landscape design and theme, vehicular and -2- EAGE~OF ~4 pedestrian access and on-site circulation, parking and traffic impacts; 3) ensure compliance with development standards and general requirements established for Zoning and Planned Development Districts, including, but not limited to, setbacks, heights, parking, fences, accessory structures and signage; 4) stabilize property values, and 5) promote the general welfare. ENVIRONMENTAL REVIEW: A Negative Declaration has been prepared for the project pursuant to the California Environmental Quality Act (CEQA), the state CEQA Guidelines, and the city of Dublin Environmental Guidelines. The proposed project will not have a significant effect on the environment. NOTIFICATION: Public Notice of the August 16, 1993 hearing was published in the local newspaper, mailed to adjacent property owners, and posted in public buildings. ANALYSIS: The Applicant is requesting Conditional Use Permit and site Development Review approval to demolish/remove an existing 2,700z square foot building, parking lot and some landscaping, and construct a new 2,897 square foot fast food and drive through restaurant with an outdoor eating/seating/playground area, landscaping, parking and signage, install a 20 foot wide right turn lane on Dublin Boulevard, and voluntarily contribute traffic improvement funds in the amount of $20,878. Conditional Use Permit A drive through business and outdoor seating/eating area require Conditional Use Permit approval in the C-1 District. The project is located in Development Zone 2: General Commercial of the Downtown Specific Plan. According to the Zone 2 development standards, drive through/fast food restaurants are conditional uses. site Development Review The 2,897 square foot restaurant building will be comprised of masonry veneer and stucco, wood fascias, trims and trellises, fabric awnings and tiled roof, with a color scheme of gold, terra cotta and beige. The approximate 24 foot high towers offer unique design elements for purposes of de-emphasizing the tall playground equipment. The interior tower space is not intended for use. There will be two drive up windows, a cash window and a food pick up window. The procedure of paying first will help facilitate traffic movement during peak hours. The approximate 18.5 foot high multi-level play equipment includes tunnels, slides, nets, ropes, ball pools, etc. The structure is comprised of steel structural supports covered with a primary yellow foam material. The rest of the play equipment -3- rAGE~Or~ is primary red with black vinyl netting (see Exhibit A), which are appropriate colors for a children's playground. As a condition of approval, there shall be only one ingress and egress to the playground area through the dining area only, with an additional locked "emergency exit only" gate near the parking area that would typically remain locked. The restaurant building materials and colors are compatible with the existing adjacent shopping center buildings. The scale, color, texture and height of the proposed building are compatible with the existing surrounding retail buildings, and are in conformance with the zoning Ordinance, General Plan and Downtown Specific Plan. The restaurant will have 90 indoor seats and 24 outdoor seats. The proposed parking is in compliance with the Zoning Ordinance. Twenty-nine spaces are required and the Applicant is providing 35 on-site parking spaces. The project will result in the removal of approximately 36 mature Coast Redwood, Chinese Elm and Evergreen Pear trees. Approximately 12 of the existing mature trees, 5 of which are Coast Redwood, will remain and new landscaping installed to enhance and accommodate the restaurant project. The Applicant has designed the restaurant site, such as drive through location, parking lot configuration, building location, etc., minimizing tree removal as much as possible. The proposed landscape plan is adequate for the project. As specified in the Negative Declaration prepared for the project, the existing mature trees were planted when the former bank building was constructed and they are not unique, rare or endangered species of plants. According to the Public Works Department, the proposed on and off site circulation patterns are adequate. The drive through with two drive up windows and parking lot configuration will facilitate traffic movement on site and there is sufficient space for vehicle stacking. The project also includes a 20 foot wide right turn lane on Dublin Boulevard for facilitating project site ingress and egress. Through site Development Review approval, the three proposed wall signs are in compliance with the sign Ordinance. The three sided freestanding sign also complies with the sign Ordinance and is 11.8 feet high with a total sign area of 48 square feet. This sign must be set back a minimum of 15 feet from the Regional Street and Dublin Boulevard street curbs. Traffic Improvement Funds According to the Public Works Department's traffic study completed for the project, the projected traffic increase will be 475 average trips per day and distributed on Dublin Boulevard, the proposed "unnamed" Parallel Road (south of Dublin Boulevard -4- r~QE L or TI between the 1-680 Freeway and Regional street), and Regional street north of Dublin Boulevard (See Attachment 2). The study concluded that the project's proportional share of cost for improving these roadways is $20,878. Because the Applicant is voluntarily contributing this amount as part of the project, the project will not result in significant traffic impacts on the City's roadway system (see Attachment 3). This fund will be paid prior to issuance of building permits. The proposed project is in compliance with all applicable regulations of the Zoning Ordinance, General Plan and Downtown Specific Plan. A potential issue with the project is the demolition of the existing attractive building and removal of some mature landscaping. The building, parking lot and landscaping have been in existence since 1978. The mature landscape and the unique architectural features of the building (brick building with archways) have over the years enhanced the visual image of the downtown. However, Staff does not consider this a highly significant visual impact on the downtown area since the site will be replaced with an architecturally high quality building with unique design features (i.e. tower elements, masonry siding and tile roof) and adequate new landscaping, while retaining some of the existing landscaping. This high quality design and adequate landscaping will help offset the loss of the existing attractive building and landscaping. Typically, fast food restaurants are not constructed with such high architectural standards. The Downtown Specific Plan Development Zone 2 land use policies encourage the continued mix of retail, hotel and commercial recreation uses rather than office use. This project is consistent with the Specific Plan's land use policies. In addition, both the former tenant (Security Pacific Bank, which is now Bank of America) and the property owners, have determined that the existing building is functionally obsolete (see Attachment 5). The Bank of America has stated that the on site vehicular circulation, building configuration, and size do not meet the bank's needs. The property owners, Bedford Property Investors, Inc., have also stated that the building's existing design would not accommodate a different use. The property owners intend to demolish the existing building regardless of the approved use and tenant. Remodelling would not be cost effective for the property owner. Staff recognizes certain project benefits. Due to the popularity of Burger King restaurants it is expected that the use will draw patrons not only from Dublin, but also from the outside regions bringing more people to the downtown area. The project -5- ~GE ~ or ~ may indirectly increase downtown retail sales, which is a benefit to the city. A Negative Declaration has been prepared for the project pursuant to the California Environmental Quality Act (CEQA), CEQA Guidelines and the City of Dublin Environmental Guidelines. The 21 day public review period began July 12, 1993. No comments on the Negative Declaration have been received to date. A Negative Declaration has been prepared because the project will not have a significant effect on the environment. The project has been reviewed by other city departments and government agencies and their comments are incorporated into the Draft Resolutions (Exhibits B and C) as conditions of approval. staff recommends approval of the Conditional Use Permit and site Development Review request to demolish/remove an existing building, parking lot and some existing landscaping, and construct a new 2,897 square foot fast food and drive through restaurant with an outdoor eating/seating/playground area, landscaping, parking and signage, install a 20 foot wide right turn lane on Dublin Boulevard, and voluntarily contribute traffic improvement funds in the amount of $20,878, subject to the conditions specified in the Draft Resolutions (Exhibits B and C). RECOMMENDATIONS: FORMAT: 1) 2) 3) 4) 5) Open public hearing and hear Staff presentation. Take testimony from Applicant and the public. Question Staff, Applicant and the public. Close public hearing and deliberate. Adopt Draft Resolutions approving PA 93-028 Burger King Restaurant Conditional Use Permit and site Development Review, or give Staff and Applicant direction and continue the matter. Staff recommends that the Planning Commission adopt Draft Resolution Exhibit B approving the Conditional Use Permit and Draft Resolution Exhibit C approving the site Development Review. ACTION: ATTACHMENTS: Exhibit A: Project Plans Exhibit B: Exhibit C: Draft Resolution approving the Conditional Use Permit for PA 93-028 Draft Resolution approving the site Development Review for PA 93-028 Backqround Attachments: -6- PAgE.ir.L or ..:t:1 Attachment 1: Location/Zoning Map Attachment 2: Traffic study prepared by Mehran Sepehri dated June 17, 1993 Attachment 3: Letter from Matthew Schoenberg (Sydran Food Services, L.P.) dated June 18, 1993 regarding voluntary contribution of traffic improvement funds Attachment 4: Applicant's written Statement Attachment 5: Letters from Bank of America and Bedford Property Investors, Inc. dated July 9 and 19, 1993, respectively. -7- fA~E~or~ RECE'VED APR. 2? .1993 G't'L( R~'r'~S+. DUBLIN pLANNIN~ en - c...a 511- l{J:8 com ! . ~ c;> Slll ..... 0- 'E~ .. ~~ - ~~ : en _ 0 _ 0 _ N 0> .. .S :: ~ .,;.... ~~ _0 ~~ o.:! '" '" .- ~Si i - ...::: '-' ~ :;::"- "':::: --S ~ .. V> l: '" :::t::"'::'< t::~ '-' ~<dl ~ - ~ ... 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I roAl FllRfSf o CLUB BOOSE S LOOI OUT rom BURGER KING PAGE 2 OF 4 PA #1408-1 .\ !II LL: .., i I , i i I I I VERY IN SIZE I , AND DENSITY I r......:; ::.=J ~ I W RECEIVED "U'i ~ ry <,.,,,') .... IL, ! ivj.) ",llqlJ~1 PLANNIN~ UNIT TO BE 19' -7" IN BEIGHT.I DATE: 5-25-93 S .. c PJl,GE & or .t:LL mu(PW~o ouo@o /~/./' ,- I / 2'-0" I A SETBACK I 30; -0' ~ VERIFY ~ ! I -e , ~ APPROfElJ AS DllAlN: IlJ.TiSCJlOENJJf1lC DATE: 36 -g' VERIFY 20' -411 00 ~ 24" S'INGm: LOCI!BU CATE BY PUYFAL ! BURGER KING DUBLIN, CA MATT SCHOENBERG BURGER KING PAGE I OF PA #1408-1 14' -5' o , ) /. ~ / /./ fi/ // ~) 1 "\ 'v " RESTAURANT " \ \ RECEIVED .,'! '-' """"'3 .J Li I ... { l'-J\-i .,_. . _v....... ~.II!J,L1"1 PI.ANNIN(:\ RESOLUTION NO. 93- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 93-028 BURGER KING RESTAURANT CONDITIONAL USE PERMIT REQUEST TO ALLOW A DRIVE THROUGH AND OUTDOOR SEATING/EATING AREA LOCATED AT 6921 REGIONAL STREET WHEREAS, Matthew Schoenberg of Sydran Food Services, L.P. requests Conditional Use Permit and site Development Review approval to demolish an existing building and construct a new 2,897 square foot fast food and drive through restaurant with outdoor eating/seating/playground area, landscaping, parking and signage; install a 20 foot wide right turn lane on Dublin Boulevard; and vOluntarily contribute traffic improvement funds in the amount of $20,878; and WHEREAS, the Planning commission held a public hearing on said application on August 16, 1993; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and a Negative Declaration has been adopted (Planning Commission Resolution No. ). This project will not have a significant effect on the environment; and WHEREAS, the Staff Report was submitted recommending that the application be conditionally approved; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: A. The project serves the public need by providing a fast food restaurant facility and commercial recreation use in the downtown area. B. The proposed use will be properly related to other land uses and transportation and service facilities in the vicinity, as the proposed use will be compatible when compared to the type and nature of operations typically found in the neighborhood. C. The proposed use, under all circumstances and conditions of this particular case, will not materially adversely affect the health or safety of persons residing or working in the vicinity, or be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, as all applicable regulations will be met. D. The proposed use will not be contrary to the clauses or performance standards established which it is to be located. specific intent for the District in EXHIBll~or~ E. The project is consistent with the Dublin General Plan and the Downtown Specific Plan. BE IT FURTHER RESOLVED THAT THE Dublin Planning commission does hereby conditionally approve PA 93-028 Conditional Use Permit application as generally depicted by materials labeled Exhibit A, stamped approved and on file with the Dublin Planning Department, subject to the approval of the related site Development Review and to the following conditions: CONDITIONS OF APPROVAL: Unless stated otherwise. all Conditions of Approval shall be complied with prior to the issuance of buildinq permits or establishment of use. and shall be subiect to Planninq Department review and approval. The followinq codes represent those departments/aqencies responsible for monitorinq compliance of the conditions of approval. rPLl Planninq. rBl Buildinq. rpOl Police. rpWl Public Works. rADMl Administration/City Attorney. rFINl Finance. rFl Douqherty Reqional Fire Authority. rDSRl Dublin San Ramon Services District. rCOl Alameda County Department of Environmental Health. rLDDl Livermore Dublin Disposal Service. l. This approval for PA 93-028 Burger King Restaurant is to allow the operation of a drive through and outdoor seating/eating area as shown on the project plans (20 sheets) prepared by Rauschenbach Marvelli Becker, Architects, dated received April 26, July 7, and July 16, 1993. [PL] 2. The Applicant shall be responsible on a daily basis for clean up and disposal of Burger King Restaurant trash found on and off site on adjacent properties to maintain clean and litter-free sites. [PL] 3. The Applicant shall be responsible on a daily basis for ensuring that project related activities in the parking lot and noise are maintained in a manner that minimizes the impacts on surrounding businesses and residents. [PL, B] 4. Loudspeakers utilized for the drive through service windows shall observe a noise level that reflects the minimum functional volume. The menu board speaker noise level shall not be discernible beyond the property lines in compliance with section 8-50.1 Performance Standards: M-P Districts of the Zoning Ordinance. No amplified music shall be permitted outside the enclosed building. [PL] 5. All signs shall be subject to the requirements of the Sign Regulations within the Zoning Ordinance. [PL] 6. On an annual basis, this Conditional Use Permit approval shall be subject to Zoning Investigator review and determination as to the compliance with the Conditions of Approval. [PL] - 2 - PAGE~Or ~q 7. This approval shall become null and void in the event the approved use ceases to operate for a continuous one-year period. [PL] 8. This permit shall be revocable for cause in accordance with section 8-90.3 of the Dublin zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. [PL] PASSED, APPROVED AND ADOPTED this 16th day of August, 1993. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director - 3 - ~GE~OFfi- RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 93-028 BURGER KING SITE DEVELOPMENT REVIEW APPLICATION TO CONSTRUCT A NEW 2,897 SQUARE FOOT FAST FOOD AND DRIVE THROUGH RESTAURANT AND THE VOLUNTARY CONTRIBUTION OF TRAFFIC IMPROVEMENT FUNDS IN THE AMOUNT OF $20,878 LOCATED AT 6921 REGIONAL STREET WHEREAS, Matthew Schoenberg of Sydran Food Services, L.P. requests Conditional Use Permit and site Development Review approval to demolish an existing building and to construct a new 2,897 square foot fast food and drive through restaurant with outdoor eating/seating/playground area, landscaping, parking and signage: install a 20 foot wide right turn lane on Dublin Boulevard: and voluntarily contribute traffic improvement funds in the amount of $20,878: and WHEREAS, the Planning Commission did hold a public hearing on said application on August 16, 1993: and WHEREAS, proper notice of said public hearing was given in all respects as required by law: and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and a Negative Declaration has been adopted (Planning Commission Resolution No.). This project will not have a significant effect on the environment: and WHEREAS, the Staff Report was submitted recommending that the application be conditionally approved; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: A. The approval of the application is consistent with the intent/purpose of section 8-95.0 site Development Review. B. The approval of the application, as conditioned, complies with the General Plan, the Downtown Specific Plan and with the C-l, Retail Business District Regulations and the General Requirements established by the Zoning Ordinance. C. The approval of the application, as conditioned, is in the best interests of the public health, safety and general welfare. D. The proposed site development, including site layout, vehicular access, circulation and parking, setbacks, height, walls, public safety and similar elements has been designed to provide a desirable environment for the development. EXHIBIT C. PAGE.2L or .fl, E. 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 proposed building and playground facility in order to insure compatibility of this development with the development's design concept or theme and the character of adjacent buildings and uses. F. 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. G. The approval of this site Development Review will be consistent with the policies set forth in the Dublin General Plan and the Downtown Specific Plan. BE IT FURTHER RESOLVED THAT THE Dublin Planning commission does hereby conditionally approve PA 93-028 site Development Review as shown on Exhibit A, stamped approved and on file with the Dublin Planning Department and subject to the approval of the related Conditional Use Permit and to the following conditions: CONDITIONS OF APPROVAL: Unless stated otherwise. all Conditions of Approval shall be complied with prior to the issuance of buildinq permits or establishment of use. and shall be sub;ect to Planninq Department review and approval. The followinq codes represent those departments/aqencies responsible for monitorinq compliance of the conditions of approval. rPLl Planninq. rBl Buildinq. rpOl Police. rpWl Public Works. rADMl Administration/Citv Attornev. rFINl Finance. rFl Douqhertv Reqional Fire Authoritv. rDSRl Dublin San Ramon Services District. rCOl Alameda County Department of Environmental Health. rLDDl Livermore Dublin Disposal Service. GENERAL PROVISIONS 1. This approval is for PA 93-028 Burger King Restaurant site Development Review to demolish an existing building and construct a new 2,897 square foot fast food and drive through restaurant with an outdoor playground, landscaping, parking and signage, install a 20 foot wide right turn lane on Dublin Boulevard and voluntarily contribute traffic improvement funds in the amount of $20,878. Except as may be specifically modified or elaborated upon by the conditions listed below, development shall generally conform with Exhibit A, the plans prepared by Rauschenbach Marvelli Becker, Architects consisting of 20 sheets dated received April 26, - 2 - f'Ar~': 3'v 0': aD _ ,.Cd .lL.. July 7, and July 16, 1993, stamped approved and on file with the Dublin Planning Department. [PL] 2. The Applicant shall comply with all applicable city of Dublin site Development Review Standard Conditions (see Attachment). [PL] SIGNS 3. Signs approved under this site Development Review shall generally conform to the following dimensions: [PL] a. One internally illuminated, individual letter, single faced "Burger King" wall sign (Primary Building Frontage - North Elevation) Maximum Sign Area: Maximum Sign Height: Maximum sign Length: 22.7 square feet 1. 6 feet 14.2 feet b. Two internally illuminated, single faced, cabinet, logo wall signs (Secondary Building Frontages - West and East Elevations) Maximum Sign Area: Maximum Sign Height: Maximum Sign Length 16 square feet 4 feet 4 feet c. One internally illuminated, three sided, freestanding logo sign Maximum Sign Area: 48 square feet Maximum Sign Height: 11.8 feet Minimum Setback From Regional Street and Dublin Boulevard Street Curbs: 15 feet d. One internally illuminated, single faced menu board sign Maximum Sign Area: 26.4 square feet (6 feet long x 4.4 feet high) 6.4 feet Maximum Sign Height: e. Five internally illuminated double faced vehicular directional signs Maximum Sign Area: 4 square feet (per face); 8 square feet total 5.5 feet Maximum Sign Height: VOLUNTARY TRAFFIC IMPROVEMENT FUNDS 4. The Applicant's voluntary contribution of the traffic improvement funds in the amount of $20,878 as identified in the Applicant's - 3 - PAGE ~ or !d.L project description, shall be paid by the Applicant prior to issuance of building permits. [PL, PW, FIN] ARCHITECTURAL 5. Exterior colors and materials for the proposed building shall be subject to final review and approval by the Planning Director. All ducts, meters, air conditioning equipment, roof-mounted mechanical equipment and all other mechanical equipment on the structure shall be effectively screened from view with materials architecturally compatible with the materials of the existing structure. The Applicant shall comply with the colors and material sample board submitted and reviewed by the Planning Director, prior to issuance of building permits. [PL, B) 6. All roof-mounted mechanical equipment shall be screened from off- site view. [PL, B) PARKING/CIRCULATION 7. The Applicant shall submit a parking lot striping plan subject to review and approval by the Planning Director. All parking spaces shall be double-striped (four inch wide stripes set approximately two feet apart, see Attachment). Handicapped, customer, employee and compact parking spaces shall be appropriately identified on the pavement and designated on the parking plan. [PL] 8. Handicapped ramps and parking stalls shall be provided and maintained as required by the state of California Title 24 provisions. [PL, B) 9. All on site pedestrian walkways shall maintain a minimum 4 foot unobstructed width. [PL] 10. All landscape fingers and islands adjacent to parking stalls shall maintain a minimum 1 foot wide raised curb or equivalent to facilitate pedestrian access. [PL] 11. All landscape planters and end islands within the parking area shall maintain at least a 3 foot curb radius to facilitate vehicular maneuvering. [PL] LANDSCAPE AND IRRIGATION PLANS 12. Prior to issuance of building permits, the Applicant shall comply with the City of Dublin's Water Efficient Landscape Ordinance (see Attachment). [PL] l3. A final detailed Landscape and Irrigation Plan (at 1 inch = 20 feet or larger), along with a cost estimate of the work and materials proposed, shall be submitted for review and approval by the Planning Director. Landscape and Irrigation Plans shall be signed by a licensed landscape architect. Final landscape plans shall indicate the common and botanical names, container size, growth rate and number of each plant. All landscaping, as shown - 4 - PACE~or~ on the Landscape and Irrigation Plan, shall include drought tolerant vegetation. [PL] 14. The final landscape plan shall be generally consistent with preliminary landscape plans prepared by Rauschenbach Marvelli Becker, Architects dated received by the Planning Department April 26, 1993 (Exhibit A). [PL] 15. Landscaping shall not obstruct the sight distance of motorists, pedestrians or bicyclists. Except for tree trunks, landscaping at drive aisle intersections shall not be taller than 30 inches above the curb. [PL, PW] 16. The Applicant shall complete and submit to the Dublin Planning Department the Standard Plant Material, Irrigation and Maintenance Agreement (attached). [PL] LIGHTING 17. Exterior lighting shall be provided and shall be of a design and placement so as not to cause glare onto adjoining properties or onto Regional Street and Dublin Boulevard. Lighting used after daylight hours shall be adequate to provide for security needs (1.5 foot candles). Wall lighting around the entire perimeter of the building shall be supplied to provide "wash" security lighting. The Applicant shall provide photometrics and cut sheets subject to the review and approval of the Planning Director. [PL, B, PO] POLICE SECURITY 18. As required by the Dublin Police Department, all security hardware for the new building must comply with the City of Dublin Non-Residential Security Requirements (City Ordinance No. 21-89; see Attachment). security hardware must be provided for doors, windows, roof, vents, skylights and roof ladders. [PL, PO, B] 19. signage requiring adult supervision in the playground area shall be installed in the dining room and play area. [PO] 20. The spacing between the wrought iron fencing rungs surrounding the playground area shall be small enough to avoid accidental trapping or escaping of small children. [PO, B] 21. There shall be only one ingress and egress to the playground area through the dining area only, with an additional locked "emergency exit only" gate near the parking area that would typically remain locked. [PO, B] 22. The Applicant shall work with the Dublin Police Department prior to submittal of building plans and on an ongoing basis to establish an effective theft prevention and security program. [PO] - 5 - PAGE ~ or I-{ q_ 23. written documentation that all Police Department requirements have been complied with shall be submitted to the Planning Director prior to issuance of building permits. [PL, B] FIRE PROTECTION 24. The Applicant shall comply with all applicable requirements of the Dougherty Regional Fire Authority (DRFA), including painting appropriate curbs red and posting "No Parking" signs. [F, PL] 25. Prior to issuance of a building permit, a Fire Impact Fee in the amount of $1,200 shall be paid in accordance with DRFA requirements. [F, B] 26. Prior to issuance of a building permit, the Applicant shall supply written confirmation that the requirements of DRFA have been, or will be, met. [F, B, PL] WATER AND SEWER SERVICES 27. All applicable water and sewer connection fees shall be paid by the Applicant prior to issuance of a building permit. [DSR, B] 28. Prior to issuance of a building permit, the Applicant shall provide written documentation that the requirements of the Dublin San Ramon Services District have been, or will be, met. [DSR, B, PL] DEBRIS/DUST/CONSTRUCTION ACTIVITY 29. Measures shall be taken to contain all trash, construction debris, and materials on-site until disposal off-site can be arranged. The Applicant shall keep adjoining public streets free and clean of project dirt, mud, and materials during the construction period. The Applicant shall be responsible for corrective measures at no expense to the City of Dublin. Areas undergoing grading, and all other construction activities, shall be watered, or other dust palliative measures used, to prevent dust, as conditions warrant. [PW, B, PL] DISPOSAL SERVICE 30. The design of the trash enclosure(s) shall reflect dimensional criteria deemed acceptable by the Livermore Dublin Disposal Service, and shall incorporate use of a 10' x 10' concrete apron in front to facilitate the District's mechanical pick-up service. Trash enclosure gates shall be hinged on the outside of the enclosure to reduce gate damage. If wooden doors are utilized, the doors shall be trimmed with a heavy metal lip. Raised concrete curbing shall be provided inside the trash enclosure area to serve as wheel stops for metal trash bins to protect the interior walls of the enclosure. Colors and materials of the trash enclosure(s) shall be architecturally compatible with the main structure subject to Planning Director review and approval. [PL, B] - 6 - PAGE~or!di. ACCESS AND PARKING EASEMENT 31. The Applicant shall provide the Planning Director a recorded access and parking lot easement agreement between the Burger King site and the adjacent shopping center (APN 941-1500-44) for review and approval prior to issuance of building permits. [PL, PW] DRAINAGE/GRADING 32. The Applicant/Developer shall submit a grading, drainage and improvement plan (completed on the City'S standard title block mylar) subject to review and approval of the City Engineer. A grading permit shall be required for site grading and drainage. [PW] 33. The area outside the building addition shall drain outward at a 2% minimum slope for unpaved areas and a 1% minimum in paved areas. [PW] 34. Roof drains shall empty into approved dissipating devices. Roof water, or other concentrated drainage, shall not be directed onto adjacent properties, sidewalks or driveways. No drainage shall flow across property lines. Downspouts shall drain through the curb of the concrete walks around the building. [PW, B] 35. 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. [PW] 36. All catch basins within paved areas not against curb and gutter shall be a 3 foot concrete apron around all sides of the inlet per City of Dublin Standard Plans. [PW] ON SITE IMPROVEMENTS 37. All damaged on-site existing pavement sections shall be repaired or replaced as directed by the City Engineer. [PW] 38. To facilitate traffic movement, the first parking space at the project site's northern entrance (adjacent to Dublin Boulevard) shall be removed and replaced with landscaping as depicted on Exhibit A. [PW, PL] PUBLIC IMPROVEMENTS 39. An encroachment permit shall be secured from the City Engineer for any work done within the public right-of-way. [PW] 40. All improvements within the public right-of-way, including curb, gutter, sidewalks, driveways, paving and utilities, shall be constructed in accordance with approved standards and/or plans - 7 - PAGE 3:L or .gL and may be constructed only after an encroachment permit has been issued. [PW] 41. The Developer shall be responsible for correcting deficiencies in the existing frontage improvements to the satisfaction of the City Engineer. [PW] 42. Any relocation of improvements or public facilities shall be accomplished at no expense to the City. [PW] 43. The Applicant shall install 5 foot flat flares on all driveways. [PW] MISCELLANEOUS 44. The Applicant shall comply with all applicable requirements of the Building Department. [B] 45. Building permits for the project shall be secured and construction commenced within one year after the effective date of this approval or said approval shall be void. This one year period may be extended an additional six (6) months after the expiration date of this approval (Applicant must submit a written request for the extension prior to the expiration date of the permit) by the Planning 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] 46. Prior to issuance of building permits, the Applicant shall submit for review and approval a final site plan (1" = 20') in conformance with the Conditions of Approval. Said plans shall be fully dimensioned (including building elevations), accurately drawn (depicting all existing and proposed conditions at 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. [PL] 47. The permit shall be revocable for cause in accordance with section 8-90.3 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this approval shall be subject to citation. [PL] 48. To apply for building permits, the Applicant shall submit six (6) sets of construction plans to the Building Department for plan check. Each set of plans shall have attached an annotated copy of these conditions of approval. The notations shall clearly indicate how all conditions of approval will be complied with. Construction plans will not be accepted without the annotated conditions attached to each set of plans. The Applicant will be responsible for obtaining the approvals of all participating non- City agencies prior to the issuance of building permits. [B, PL] - 8 - 0-1(~, 25 N- 11 q I thd':' ~_ \.h' .....1..l.. PASSED, APPROVED AND ADOPTED this 16th day of August, 1993. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director - 9 - PArr: 3~ (l'7 liD .....,'-_ .l~~ C;:1;.I....'~-~ ~ \ _.V~- (--::--::---:... \f!!i:r8CI s"ITd f1~l#- t,PG tsT1l'HlZhJT" fA cr3-o Pt! Cv-,o/JI>t:. ''1.21 f?e:JiIM4S1. ,. . ,'/ ,,' , ." , , , , , , , , , , , , , , ' .~-) l , , ' , , , , ., L: 1 ., -, , ~ , , , , , , , , , , ' . , , , , ' , , , , , , . , I CITY OF DUBLIN MEMORANDUM DATE: June 17, 1993 FROM: Carol Cirelli, Associate Planner Mehran Sepehri, Sr. Civil Engineer.M, s" TO: SUBJECT: Traffic Impact Fee for Burger King Project at 6921 Regional Street (Finance control No. 333270) Per applicant's request, I studied the Burger King project and calculated the Traffic Impact Fee (TIF) for this project. The applicant is proposing to open a 2,897 sf new Burger King Restaurant at 6921 Regional Street south of Dublin Blvd. This location was previously used by Security Pacific Bank. Based on ITE Trip Generator Rates, the additional trips will be: 2,897 S.F. x 632/1,000 S.F. of floor space 35% of this traffic is pass-by traffic 2,700 S.F. of Security Pacific Bank x 265/1,000 S.F. of floor space 1,831 (641) ~) ADT ADT ADT Total additional trips: 475 ADT The proportion of site traffic growth and TIF on each of the following projects was calculated based upon the assumed site traffic patterns and the traffic volumes forecast for the Year 2010 and project improvement costs based on the City of Dublin Capital Improvement Program. Location % site Traffic Daily site Traffic Total Growth Proposed Growth Project Cost TIF Dublin Blvd. 60% 285 31,200 0.91 $2,355,632 $21,440 Unnamed Parallel Road south of Dublin Blvd. between I-680 and Regional Street 25% 119 12,800 0.93 $2,240,000 $20,830 Regional Street north of Dublin Blvd. 15% No improvement is needed $14/S.F. credited toward Dublin Blvd. Widening only (not including widening for right turn in on Dublin Blvd. $21,392 Dublin Blvd. Traffic Impact Fee is $48. The unnamed Parallel Road south of Dublin Blvd. between I-680 and Regional Street Traffic Impact Fee is $20,830. The total Traffic Impact Fee for the project is $20,878. MS/gr a: jun \ 17tifbk AttadIIBII ~ PAGE.!:iL or!1l. SYDI1I1 --.*' ,....-. FOOD SERVlCES, L.P. Matthew Schoenberg President RECEIVED' JUN 23 1993 nUBLlN PLANNING 6000 Sloneridge Mall Road Suite 200 Pleasonlon, CA 94588-3205 Tel5104160110 fax: 510416.0192 June 18, 1993 Mr. Laurence Tong Planning Director city of Dublin 100 Pacific Plaza Dublin, CA 94568 RE: Burger King Restaurant 6921 Regional street DUblin, CA Dear Mr. Tong: I, Sydran Food Services, L.P., have reviewed the Traffic Impact Fee Study dated June 17, 1993, prepared by city of Dublin. I accept the findings and agree to pay $20,878.00 in traffic improvement funds as outlined in the study. That is, as part of the Burger King project (PA),' I agree to voluntarily contribute $20,878.00 in traffic improvement funds to mitigate traffic impacts resulting from this project. Payment shall be made prior to the issuance of a building permit. Very truly yours, BY: Sydran Services, Inc. Its General Partner ~~~--~A ~ Matthew Schoenberg, presiden-~ AttacIIInt :3 SYDRAN SERVICES, INC., General Partner - A froochisee 01 B';jer King COIP. !S. PAGE l- Of flQ... IIZ Rauschenbach Marvelli Becker . . IrHituU II Apr i1 23, 1993 Mr. Larry Tong Planning Director City of Dublin Dublin, CA Re: Proposed Burger King Restaurant Application Cor. Dublin Blvd. & Regional St. Dublin, CA Dear Mr. Tong, Enclosed please find the application and exhibits for the above referenced project. I would I ike to take this opportunity to express my deepest appreciation for your assistance, guidance and input into the design of the facility. It is very refreshing to work together with a jurisdiction, to achieve the best result possible rather than tcr immediately enter into an adversarial position of frustration and a non partnership approach to the development. I am convinced that Dublin's positive approach is a result of your leadership. Your staff responds concisely and practically to each problem with alternative well-thought out solutions. Thank you for your help. I would like to point out two issues, suggested during your review, which I have not incorporated into the design of the site. I will also offer the reasons therefore and ask you to give me your, opinion after reviewing each. They are as follows: 1) PROVIDE A FULL 20' WIDE ESCAPE LANE FOR THE ENTIRE LENGTH OF THE DRIVE-THROUGH LANE. Past experience with full escape lanes shows that some "customers" think it funny to place an order then proceed around the other cars in line and leave. The escape lane at the building only is more effective in servicing the customer and will allow the rear car to go around the front should their be a delay in food delivery. This also serves to protect the restaurant from the aforementioned "customer" while preserving its ability to operate APP 26 199~ at full efficiency. 112.\ RA-7t\~ st. DUBliN PLANNIN~ q?>_b2-~' AttachnB1t 4- PAGE!:!J.L or li ,. , et ~ 2) PROVIDE A FULL MENU BOARD AT THE ENTRANCE OF THE DRIVE-THROUGH LANE. Typically, the menu board is placed approximately four (4) cars back from the service window. Past experience shows this to be optimum for both the queuing length needed from the window to the board and from the board to the entrance of the lane. Unlike the past, the menu board and speaker are separated. The speaker is mounted to a post which sits directly next to the lane. The menu board is set approximately six (6) feet forward and at a forty-five (45) degree angle. This allows both the driver of the car ordering and the driver directly behind him to see the board clearly. Setting a full menu board at the entrance of the drive-through lane could cause some gridlock by people reading before entering. I hope these explanations of the operation will help in your review. Again thank you ,for your help in putting together a project that we all can be proud of. Very truly yours, RA7l!J~S~~:~ECKER' Mark Marvelli, AlA Vice President ARCHITECTS ..r enc. RECEIVED APR 2 G 1993 OUBlIN PLANNING A=~ ItZ Rauschenbach Marvelli Becker II iii HHilUIS m April 23, 1993 Proposed Burger King Restaurant Dublin, California Statement of Justification is made seeking the necessary entitlement, Use Permit and Design Review together with entitlement necessary to allow the proposed restaurant. This application i.e., Conditional any other construct ion of The request is to allow construction of a Burger King restaurant on a site presently containing a former banking facility. The site contains approximately 34,000 s.f. and is located at the intersection of Dublin Blvd. and Regional St. ..-' After extensive site studies utilizing the existing building parking, and circulation, it has been found unfeasible to retain the existing improvements for use by the new project. Coupled with the City's desire to create an additional right turn lane into the shopping center along Dublin Blvd., the complete integration of the new facility into the circulation of the shopping center -was mandated. In addition, the former bank facility was found to contain insufficient on-site vehicular circulation for both the parkinq area and the drive-throuqh lane. Located in a commercial area, the proposed restaurant will serve the public need for well-designed, low cost alternative food service. It will provide additional job and tax base to the City which will contribute to both the City's and the public welfare. Utilizing no hazardous or toxic substances, the restaurant will not materially affect the health or safety of the public that lives or resides within the area. The proposed use is consistent with the specific intent established for the district within which it is located. RECEIVED A P R 2 6 199 b<1Z-/ ~6Y'-k <;+- nUBLlN PLANNiNG fPr q3-~l.8' Attaclnnt LJ PAGE JS... or!i:l. ,., '6 f The design of the facility as proposed was accomplished with the Planning Staff's assistance throughout the preparation of the entitlement application documents. Their input and cooperation with our proposal was exemplary and refreshing. The result is definitely a true example of the government and private sector working together to achieve a sensible solution to an identified public need. We applaud the City for its open and forthright approach to achieve solutions which are functional and aesthetically pleasing, while maintaining the mandates it was established to protect. BECKER, ARCHITECTS AlA .-" RECEIVED APR 26 1993 nUBLlN PLANNING AttachnII1t -L- L rAgE t/ Cc or!.!1.. p. Cf ~ { city of Dublin 100 civic Plaza Dublin, California 94568 site Development Review Item #4 RE: Proposed Burger King Restaurant 6921 Regional street APN: 941-1500-43 The above referenced site was not found to be located on a hazardous waste and substance site pursuant to Government' Code section 2.65962.5. ...r A~4 PAGE_ OF _ ,. r1( BEDFORD PROPERTY INVESTORS, I N C . July 19, 1993 R E eEl V E D- JUL 2 21993 DUBLIN PLANNING Mr. Laurence Tong, Planning Director City of Dublin 100 Civic Plaza Dublin, CA 94568 RE: Former Security Pacific Bank Building Corner of Dublin Blvd. & Regional Street Dublin, California Dear Mr. Tong: ~ With respect to the reuse of the existing building, we have determined that it is "Functionally Obsolete". Due to the on-site vehicular circulation pattern, the multiple drive up teller lanes, and the building configuration and design, it no longer can function as a financial institution. N., i/\ As far as reuse for a different type of tenant, the existing layout, does not warrant another use that would maintain the building in its present condition. As a result of the above, the existing building will be demolished regardless of the approved use and no matter what type of tenant ultimately takes possession of the premises. I \ows t h Pa .~ cc. Matthew Schoenberg SYDRAN FOOD SERVICES, LP 3658 AtfacbnB1t ~ M T. D I A B LOB 0 U LEV A RD. SUI T E 2 I 0 · LA FAY E T T E . C A 9454 "'f,2- TELEPHONE: (510) 283-8910. FACSIMILE: (510) 283-5697 Pi\GE~ or .'f.3.. (fl RECEIVED JUI 'f .' -----,-, :.-.- ..... ",- ; "'~ "I :'j ..j',; Bank of America ""II I RUr-.l PlANI'-lING Corporate Real Estate July 9, 1993 Mr. Laurence Tong, Planning Director ci ty of Dublin 100 civic Plaza Dublin, California 94568 RE: Former Security Pacific Bank Building Corner of Dublin Blvd. & Regional street Dublin, California Dear Mr. Tong: In response to your inquiry regarding Bank of America's decision not to utilize the existing Security Pacific Bank Building for its branch in Dublin, please be advised that a large part of that decision was based upon the fact that the on-site vehicular circulation, building l:: configuration and size do not conform to Bank of America's present criteria. As a result of this, Bank of America selected the alternate location for its branch. Please feel free to give roe a call if you have any further questions. Sincerely, BANK OF AMERICA 0!cd':h) Jetf!!! Helen Levay U" Bank of America National Trust and Savings Association 560 Davis Street San Francisco, California 94111 415/953-0500 A1IadIRB1t ~ 111.- Fax 415/622-238f>AGE.:LL. or .:fl. p.