HomeMy WebLinkAbout85-096 Appeal of Zoning Admin Appvl of Gemco Remodel -SDR
TO:
FROM:
SUBJECT:
GENERAL INFORMATION:
CITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date: March 3, 1986
Planning Commission
Planning Staff~tt
Appeal of the Zoning Administrator's approval of
PA 85-096 - Gemco Store Remodel - Site
Development Review.
PROJECT:
APPLICANTS AND
REPRESENTATIVES:
PROPERTY OWNERS:
LOCATION:
ASSESSOR PARCEL NUMBER:
GENERAL PLAN
DESIGNATION:
EXISTING ZONING
AND LAND USE:
SURROUNDING LAND USE
AND ZONING:
ITEM NO.
'7. ;2
PA 85-096 - Gemco Store Remodel - Site
Development Review application to modify the
architectural detail of the storefront elevation
of the existing Gemco Store, and to cover and
enclose a portion of the existing open-air
nursery area.
Charlie Nattland
William Glass & Associates
Architects, Inc.
22245 Main Street, Suite 100
Hayward, CA 94541
Peter E. Mallen
Lucky Stores, Inc./Gemco Division
6300 Clark Avenue
Dublin, CA 94566
Dublin & Associates
21515 Hawthorne Boulevard, Suite 500
Torrance, CA 90503
7200 Amador Plaza Road
Dublin, CA 94568
941-305-29-02
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Commercial/Industrial - Retail/Office
C-l, Retail Business District
105,770~ Square Foot Gemco Discount
Center Complex
Subject property occupies the north-central
portion of the Dublin Place Shopping Center.
The Dublin Library adjoins the site to the
north.
COPIES TO:
Applicant/Appellant
Property Owner
Building Inspection Department
APPLICABLE REGULATIONS:
Section 8-95.0 Site Development Review. Site Development review is
intended to promote orderly, attractive, and harmonious development; recognize
environmental limitations on development; stabilize land values and
investments; and promote the general welfare by preventing establishment of
uses or erection of structures having qualities which would not meet the
specific intent clauses or performance standards of this Chapter, or which are
not properly related to their sites, surrounding traffic circulation, or their
environmental setting. Where the use proposed, the adjacent land uses,
environmental significance or limitations, topography, or traffic circulation
is found to so require, the Planning Director may establish more stringent
regulations than those otherwise specified for the District.
Section 8-95.5 Site Development Review. Action. At the conclusion of
such investigation, the Planning Director shall determine from reports and
data submitted whether the Use and Structures will meet the requirements and
intent of this Chapter, and upon making an affirmative finding, shall approve
said application. If, from the information submitted, the Planning Director
finds that compliance with the requirements on this Chapter and the intent set
forth herein would not be secure, they shall disapprove, or approve subject to
such specific conditions, changes, or additions as will assure compliance.
Section 8-92.0 Administration or Enforcement: Appeals. States, in
part, that the Planning Commission shall act on appeals from the Planning
Director's action on a Site Development Review approval.
ENVIRONMENTAL REVIEW:
Categorically exempt.
NOTIFICATION:
Public Notice of the March 3, 1986, hearing was
published in The Herald, mailed to adjacent
property owners, and posted in public buildings.
ANALYSIS:
On January 27, 1986, the Zoning Administrator approved a Site
Development Review application for the Dublin Gemco Store. The approval
covered exterior modifications to the structure, providing for changes in the
architectural design of the storefront elevation (east elevation) as well as
approval to cover and enclose a portion of the existing open-out nursery.
Recently completed interior alterations to the store were handled by building
permits and were not subject to Site Development Review.
The applicant's objections to the Conditions prepared by Staff generally
relate to items requiring physical improvements and/or the creation of cross
access easements for which the approval from the numerous owners, tenants, and
lenders, which have been represented to have the right of refusal over any
common area changes or improvements, would have to be secured. The letter of
appeal indicates Gemco's feeling that it would be impossible to secure the
consent and approvals required within any reasonable length of time.
The particlar Conditions indicated to cause concern with the applicant
are outlined below:
Condition #8: This standard Condition requires documentation of
easements and/or rights-of-entry agreements from adjoining property owners for
any improvements required outside the subject property.
Condition #9: This Condition would serve to require the provision of a
cross access easement between the subject property and the Dublin Library.
Provision of such an inter-connection is considered necessary to improve
vehicular circulation along Amador Valley Boulevard and to improve ingress and
egress movements at the Library property. The existing left hand turning
movement into the Library parcel along the curve of Amador Valley Boulevard
should be supplemented by vehicular access from within the Dublin Place
Shopping Center which would benefit from the presence of the existing signal
at the intersection of the entrance of the Shopping Center and Amador Valley
Boulevard.
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Condition #10: This Condition would serve to require the prOV1Slon of a
cross vehicular access easement between the subject parcel and the adjoining
property to the west with the connection envisioned to be situated in
proximity of the northwest corner of the Gemco building. It has been a
standard position of the City to condition development requests involving
upgrades or modifications to commercial property to provide for cross
vehicular connection access between the property requesting the entitlement,
and any adjoining commercial properties where that inter-connection is
determined to be beneficial to the internal circulation pattern between the
subject properties and/or along the surrounding public street system.
Condition #12: It is typical to require the preparation and submittal
of detailed landscape plans, as would be required by this Condition. The
apparent problem with this Condition lies with its inter-connection with the
cross access improvements outlined in Conditions #9 and #10, and the sidewalk
improvements called for in Condition #18.
Condition #14: This condition, which requires correction of
deficiencies in the existing street frontage improvements, is considered by
Staff to be a standard Condition.
Condition #15: This Condition calls for adjustment to the landscape-
walkway-drive aisle area adjoining the northeast corner of the Gemco building
(in vicnity to the proposed enclosed nursery area). The modifications
envisioned involve the provision of a raised concrete walkway around the
corner of the building to provide better delineation and separation of the
pedestrian walkway and the adjoining vehicular travel areas.
Condition #18: Through this Condition, Staff was pursuing the
improvement of pedestrian circulation from the intersection of Amador Valley
Boulevard and the northerly entrance of the Dublin Shopping Center. Physical
improvements sought through the Condition are the installation of a four-foot
wide pedestrian sidewalk from the northeast corner of the Gemco Store along
the westerly edge of the access road that extends to Amador Valley Boulevard.
This sidewalk is considered a neessary improvement to provide pedestrian
traffic patterns into the shopping center.
CONCLUSION:
The contested Conditions of Approval that have been outlined by the
applicant are considered by Staff as reasonable, appropriate and necessary
requirements to facilitate general site safety conditions and to aid and/or
facilitate improved internal vehicular circulation movements. It is Staff's
recommendation that the applicant be required to diligently pursue the
necessary releases and or agreements to perform the work outlined in the
recommended Conditions of Approval.
RECOMMENDATION:
FORMAT:
1)
Open public hearing and hear staff
presentation.
2) Take testimony from applicant and the
public.
3) Question Staff, applicant and the public.
4) Close public hearing and deliberate.
5) Adopt Resolution regarding the appeal or
direct Staff to make revisions and
continue the hearing.
ACTION:
Staff recommends that the Planning Commission
adopt the attached Resolution (Exhibit A) which
denies the appeal of William Glass and
Associates, Architects, Inc., concerning
PA 85-096, and reaffirms the Zoning
Administrator's action of January 27, 1986,
approving this application.
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ATTACHMENTS:
Exhibit A
Draft Resolution denying appeal and reaffirming the Zoning
Administrator's decision of January 27, 1986, approving
PA 85-096.
Exhibit B
Site Development Review submittals.
Background Attachments
1) Appealable Action Letter (without
attachments) dated January 27, with Staff
Study dated January, 1986.
2) Appeal letter from William Glass and
Associates dated February 4, 1986.
3) Site Location and Area Map
4) Site Photographs
5) Aerial Photogrpah
6) City Engineer's Comments dated
November 13, 1985.
7) Conditions for previous Site Development
Review (S-646)
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RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
DENYING THE APPEAL OF WILLIAM GLASS AND ASSOCIATES, ARCHITECTS, INC.
CONCERNING PA 85-096 GEMCO STORE REMODEL - SITE DEVELOPMENT REVIEW
AND REAFFIRMING THE ZONING ADMINISTRATOR ACTION
OF JANUARY 27, 1986, CONDITIONALLY APPROVING THE REQUEST
TO MODIFY THE ARCHITECTURAL DETAIL OF THE STOREFRONT ELEVATION OF
THE EXISTING GEMCO STORE AND TO COVER AND ENCLOSE A PORTION
OF THE EXISTING OPEN-AIR NURSERY AREA, 7200 AMADOR PLAZA ROAD.
WHEREAS, William Glass and Associates, Architects, Inc., on behalf of
Lucky Stores, Inc./Gemco Division, filed a Site Development Review application
requesting approval to modify the storefront elevation of the existing Gemco
Store (tying the roof detail to the relocated store entry area), and to cover
and enclose 1,100~ square feet of the existing open-air nursery area, at the
Dublin Gemco Store at 7200 Amador Plaza Road, more specifically described as
APN 941-305-29-02; and
WHEREAS, the application was reviewed in accordance with the
provisions of the California Environmental Quality Act and was determined to be
categorically exempt; and
WHEREAS, the Zoning Administrator found that the Site Development
Review request would not have a significant environmental impact; and
WHEREAS, the Zoning Administrator conditionally approved the request
on January 27, 1986, subject to an appeal period extending to February 6, 1986;
and
WHEREAS, the architectural firm for the project, William Glass and
Associates, Architects, Inc., filed a written appeal on behalf of the applicant
on February 4, 1986, indicating problems with Conditions 8, 9, 10, 12, 14, 15,
and 18 as well as those standard conditions which would apply to off-site or
common area improvements as difficulties were envisioned for the applicant in
securing the necessary approvals from numerous owners, tenants, and lenders who
have the right of refusal over any common area changes or improvements in the
subject shopping center; and
WHEREAS, the Planning Commission did hold a public hearing on said
appeal on March 3, 1986; and
WHEREAS, proper notice of said public hearing was given in all
respects as required by law; and
WHEREAS, the Planning Commission finds that the Site Development
Review will not have a significant environmental impact; and
WHEREAS, the Staff Report was submitted recommending the appeal be
denied and that the Zoning Administrator's decision of January 27, 1986,
conditionally approving the request be upheld; and
WHEREAS, the Planning commission did hear and consider all said
reports, recommendations and testimony herein above set forth; and
WHEREAS, an established City General Plan policy calls for the
prOV1Slon of a vehicular interconnection between the subject shopping center
and the Dublin Library property (APN 941-305-12-2);
NOW, THEREFORE, BE IT RESOLVED THAT THE Planning Commission does
hereby find that:
1. The proposed remodel of the Gemco Store serves the public need by expanding
the retail service area available to the general public.
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EXHIBITiL.___
2. This project will be properly related to other land uses and transportation
and service facilities in the vicinity.
3. This project 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.
4. This project will not be contrary to the specific intent clauses for
performance standards established for the District in which it is to be
located.
5. All provisions of Section 8-95.0 through 8-95.8 Site Development Review, of
the Zoning Ordinance are complied with.
6. Consistent with Section 8-95.0, this project, as conditioned by this
approval, will promote orderly, attractive, and harmonious development,
recognize environmental limitations on development, stabilize land values
and investments, and promote the general welfare by preventing
establishment of uses or erection of structures having qualities which
would not meet the specific intent clauses or performance standards set
forth in the Zoning Ordinance and which are not consistent with their
environmental setting.
7. The approval of the project as conditioned is in the best interest of the
public health, safety, and general welfare.
8. General site considerations, including site layout, orientation, the
location of buildings, vehicular access, circulation and parking, setbacks,
height, public safety, and similar elements have been designed to provide a
desirable environment for the development.
9. General 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 signing and similar elements have been
incorporated into the project in order to insure compatibility of this
development with its design concept and the character of adjacent buildings
and uses.
10. General project landscaping and consideration including the locations,
type, size, color, texture and coverage of plant materials, provisions for
irrigation, maintenance and protection of landscaped areas and similar ele-
ments have been considered to insure visual relief to complement buildings
and structures and to provide an attractive environment to the public.
11. The project is consistent with the policies contained in the City's General
Plan.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does
hereby deny said appeal and reaffirms the Zoning Administrator action of
January 27, 1986, conditionally approving the request as indicated below:
Unless stated otherwise, all Conditions shall be complied with prior to
issuance of building or grading permits and shall be subiect to Planning
Department review and approval.
GENERAL REQUIREMENTS:
1. Development shall generally conform with the revised plans prepared by
William Glass and Associates, Architects, Inc., consisting of four sheets
dated received by the City Planning Department December 23, 1985.
Collectively, these materials shall serve as Exhibit "B" for this project
and shall be maintained on file with the Planning Department. This
approval shall be valid until March 13, 1987. If construction has not
commenced by that time, this approval shall be null and void. This
approval may be extended one additional year by the Planning Director upon
his determination that the Conditions of Approval outlined in this document
continue to remain adequate to assure development consistent with the
afore stated Findings of Approval. Development shall be subject to the
conditions listed below.
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2. Comply with the City of Dublin Site Development Review Standard Conditions
and the City of Dublin Police Services Standard Commercial Building
Security Recommendations.
ARCHITECTURAL:
3. Elevations and examples of exterior colors and materials for buildings and
structures shall be subject to final review and approval by the Planning
Director. All ducts, meters, air conditioning equipment and other
mechanical equipment on the new structure shall be effectively screened
from view with materials architecturally compatible with the main
structure.
DRAINAGE:
4. The drainage system developed shall be subject to review and approval by
the City Engineer.
5. The area outside the building shall drain outward at a 2% mlnlmum slope for
unpaved areas and a 1% minimum in paved areas (5% maximum).
6. Roof drains shall elmpty onto paved areas, concrete swales, or other
approval dissipating devices. Calculations (hydraulic) shall be prepared
by the developer for review by the City Engineer to determine the sizing of
new drainage lines.
DEBRIS/DUST/CONSTRUCTION ACTIVITY:
7. Measures shall be taken to contain all trash, construction debris, and
materials in the construction area until disposal off-site can be arranged.
The developer shall keep adjoining parking and driveway areas free and
clean of project dirt, mud, and materials during the construction period.
All construction areas shall be watered, or other dust-palliative measures
used, to prevent dust as conditions warrant.
EASEMENTS:
8. The developer shall acquire easements, and/or obtain rights-of-entry from
the adjacent property owners for any improvements, including grading,
required outside of the proposed development. Copies of the easements
and/or rights of entry shall be in written form and be furnished to the
City Engineer.
9. The developer shall provide a recorded cross easement for vehicular ingress
and egress from the southeast portion of the contiguous library parking lot
through the subject property to Amador Valley Boulevard (see Staff Study
dated January, 1986). The alignment of the cross vehicular connection and
the necessary adjustments to parking and landscapes shall be subject to
review and approval by the Planning Director. The easement document shall
be subject to review and approval by the City Attorney prior to recordation
(see sample agreement marked Attachment A). Development of the vehicular
connection between the two properties shall not be the responsibility of
this applicant. The developer shall supply the necessary right-of-entry
agreements to the Library's agent who is subsequently chosen to make the
modifications to the respective parking lots to allow said vehicular access
connection.
10. The developer shall provide a recorded cross easement for vehicular ingress
and egress through the parking area adjoining the northwest corner of the
Gemco building to APN 941-305-14-2 (see Staff Study dated January, 1986).
The alignment of the cross vehicular connection and the necessary
adjustments to parking and landscape areas in vicinity of the connection
shall be subject to review and approval by the City Engineer and the
Planning Director. The easement document shall be subject to review and
approval by the City Attorney prior to recordation. Development of the
vehicular connection between the two properties shall be jointly the
responsibility of the owners of the Gemco property and APN 941-305-14-2.
Installation of the connection shall be accomplished within 120 days of the
City's notification to both owners for work to commence. The developer
shall supply the necessary right-of-entry agreements to the agent for APN
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941-305-14-2, who is chosen to make their share of the modifications to the
existing parking/ landscape areas to accommodate the referenced driveway
connection.
FIRE:
11. Prior to the issuance of building permits, the developer shall supply
written confirmation that the requirements of the Dublin San Ramon Services
District Fire Department have been, or will be, met.
LANDSCAPING AND IRRIGATION PLANS:
12. A detailed Landscape and Irrigation Plan, along with a cost estimate of the
work and materials proposed, shall be submitted for review and approval by
the Planning Director. Said Plan shall detail all proposed modifications
to existing landscape areas modified as a result of the work detailed
within this permit (including changes prompted by Conditions #9, #10 and
#18).
LIGHTING:
13. Exterior lighting shall be of a design and placement so as not to cause
glare onto adjoining properties. Wall lighting along the north side of the
new structure shall be supplied to provide "wash" security lighting along
that area of the structure. Release from the discharge of this condition
may be granted by the City Engineer and the City Police Department upon
their determination that the lighting is not necessary.
PARKING AND DRIVEWAYS:
14. The developer shall be responsible for the correction of the minor
deficiencies in the existing frontage improvements as determined necessary
by the City Engineer.
15. The landscape-walkway-drive aisle area adjoining the northeast corner of
the Gemco building shall be modified to promote better delineation between
pedestrian walkway and vehicular travel areas. This shall be accomplished
by continuing the raised concrete walkway around the corner of the building
which may transition back to the existing grade alignments approximately 50
feet west of the intersection of the two drive aisles (see Staff Study
dated January, 1986).
SIGNAGE:
16. Any new signs proposed in conjunction with the building addition/
modification shall be subject to review and approval by the Planning
Director.
STORAGE AND EXTERIOR ACTIVITIES:
17. Unenclosed outside storage of merchandise display is expressly prohibited
(unless authorized by subsequent CUP or ACUP approvals for special
promotional events). The construction-related exterior storage adjoining
the rear (west) side of the Gemco building shall be cleared prior to the
issuance of a building permit for the proposed building modifications. All
demonstrations, displays, services, and other activities shall be conducted
entirely within the structures on the site. No loudspeakers or amplified
music shall be permitted outside the enclosed structure.
MISCELLANEOUS:
18. A four-foot (minimum clear width) pedestrian walkway extending from the
northeast corner of the Gemco Store along the westerly edge of the access
road and extending to the southwest corner of the intersection of the
shopping center entry and Amador Valley Boulevard shall be provided by the
developer. The materials used for new pedestrian walkways shall be of a
uniform design and shall be subject to review and approval of the Planning
Director. Those portions of walkways adjoining parking areas shall be
raised six inches (minimum) above the parking/drive aisle surface and shall
provide for a minimum 2-foot vehicle overhang.
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19. Except as specifically altered by these conditions of approval, development
shall comply with the conditions established for S-646.
PASSED, APPROVED AND ADOPTED this 3rd day of March, 1986.
AYES:
NOES:
ABSENT:
Planning Commission Chairperson
ATTEST:
Planning Director
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ACCESS AGREEMENT
This Access Agreement (the "Agreement) is dated for reference purposes only
February 28, 1985.
Recitals.
A. Peter B. Bedford ("Bedford") is the owner of a parcel of real estate
fronting on Dublin Boulevard, Dublin, California, the legal description of which is
attached hereto as Exhiit "A" (the "Bedford Parcel").
B.
parcel of
description
KB Enterprises, a California general partnership ("KB") is the owner of a
real estate fronting on Dublin Boulevard, Dublin, California, the legal
of which is attached hereto as Exhibit liB" (the "KB Parcel").
C.
The KB Parcel is contiguous to the Bedford Parcel.
D. KB desires that Bedford permit cars on the KB Parcel to enter directly
onto the Bedford Parcel without first exiting onto Dublin Boulevard, and Bedford is
willing to permit such direct access, on the terms and conditions set forth herein.
NOW, THEREFORE, the parties hereto intending to be legally bound hereby and
in consideration of the matters set forth herein agree as follows:
1. Terms of Ag-reement.
The easements, covenants, conditions, restrictions, agreements and other
matters set forth herein (collectively the "Restrictions") shall continue so long as the
Bedford and KB Parcels are utilized for retail shopping center purposes and shall
irrevocably lapse, upon the termination date which is defined as being the earlier to
occur of the following: (a) the date when the KB Parcel is no longer used for retail
shopping center purposes; (b) the date when the Bedford Parcel is no longer used for
retail shopping center purposes; (c) February 28, 2005. Nothing contained herein shall
limit the uses to which either parcel can be put or obligate Bedford or KB to utilize
its respective parcel for retail shopping center purposes.
2. To Run With Land.
r
The Restrictions shall run with the land and every part thereof and shall
inure to the benefit or and be a burden upon the KB Parcel and Bedford Parcel and
shall bind the respective heirs, successors and assigns of KB and Bedford. Nothing
herein shall be construed to cause this agreement to apply to or bind any other property
of KB or Bedford not specifically described in Exhibits "A" or "B". However, Bedford
shall have the right, at its sole discretion, to designate additional lands to be made
subject to the provisions hereof by written notice to KB, which notice when recorded
shall constitute an amendment to this instrument.
3. Grant of Access Ril:;ht.
Each party grants the other, and its tenants, and their authorized officers,
employees, licensees, agents, contractors and invitees (collectively "licensees") the right
of access to its property through the access point as hereinafter defined. The access
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point shall be a twenty-five foot (25') wide strip of land on the common border of the
KB and Bedford Parcels, the center point of which shall be located 195.5 feet North of
the Southwest corner of KB's Parcel, as indicated on the site plan attached as Exhibit
"e" hereto. Bedford, at its sole cost and expense, may relocate the access point from
time to time with the consent of KB, which shall not be unreasonably withheld or
delayed, and deemed granted if, within ten (10) days after Bedford's requests such
consent, KB does not give Bedford notice disapproving the request, accompanied by a
statement of reasonable grounds for disapproval. Each party, at its sole cost and
expense, shall cause the land on its parcel adjacent to the access point to be maintained,
so as to permit for the free passage of pedestrians and passenger cars across the access
point, provided, however, that if Bedford deems it appropriate, either Bedford may
erect a speed bump on the access point, and KB shall reimburse Bedford for one half
the cost of the erection and maintenance of the speed bump.
4. Limitation on Grant.
Each party shall permit entry onto its parcel through the access point, in
all circumstances that it permits entry onto its parcel from Dublin Boulevard, and
neither party shall be required to permit entry onto its parcel through the access point
in circumstances where it prohibits such entry if it had occurrd from Dublin Boulevard.
This Agreement does not give KB and its licensees the right to park vehicles upon or
otherwise use the Bedford Parcel and does not permit Bedford and its licensees the
right to park upon or otherwise make use of the KB Parcel. The parties agree that it
is the purpose of this Agreement to provide for orderly traffic flow on Dublin Boulevard
and not to create cross-parking rights.
5. Self-HelD.
In the event a party suffers the egress from its parcel across the access
point in violation of this Agreement, then the other, without any liability to the first,
may erect permanent or temporary barriers so as to block the access point. In the
event such blockage is wrongful, the injured party's sole remedy shall be injunctive relief.
6. Subordination.
The Restrictions are declared to be subject and subordinate to the lien
of any mortgage or deed of trust now or hereafter existing made in good faith and for
full value and shall in no way restrict, impair or defeat any right of sale contained in
any such mortgage or deed of trust or the foreclosure of the same; provided, however,
that title to any property subject to the Restrictions and obtained by sale under
foreclosure of any such mortgage or deed of trust or any sale in lieu thereof shall no
longer be subject to this Agreement. '
7. Construction and Invaliditv.
In the case of uncertainty as to the meaning of any article, section,
subsection, paragraph, sentence, clause, phrase or word of this Agreement, said
uncertainty shall be construed so as to restrict the grant effectuated hereby. In the
event any portion of this Agreement shall be deemed illegal or unenforceable or
otherwise contrary to public policy, then the entire agreement shall be null and void.
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8. Release of Liability.
Effective upon the conveyance of its parcel, each party shall be released
of all liability thereafter accruing under this Agreement.
9. Successors in Interest.
The terms and covenants herein contained shall inure to the benefit of
and be binding upon the heirs, assigns and other successors in interests to the parties
hereto. Words of gender in this Agreement shall be deemed to include other genders,
and singular and plural shall be deemed to include the other as context may require.
. 10. Notices.
Any notice to be given or service to be given in connection with this
Agreement shall be in writing and may be served by personal delivery upon the party
or upon a corporate officer thereof or may be served by certified mail, return receipt
requested, addressed as hereafter specified or to such other address as may be requested
by either party in writing. Mail service shall be deemed effective seventy-two (72)
hours after deposit in the U. S. Mail in accordance herewith.
To:
Bedford Properti,es, Inc.
3470 Mount Diablo Boulevard
Lafayette, CA 94549
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To:
KB Enterprises
c/o Grand Auto, Inc.
7200 Edgewater Drive
Oakland, CA 94621
Attention: Max Brown
11. Attorney's Fees.
If either party commences an action against the other arIsmg out of or
in connection with this Agreement, the prevailing party shall be entitled to have and
recover from the losing party reasonable attorney's fees, costs of suit and investigation
and discovery costs including costs of appeal.
IN WITNESS WHEREOF, the parties have executed and acknowledged this
Agreement effective as of the reference date first recited above.
KB ENTERPRISES,
A California General Partnership
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CITY OF DUBLIN
('
829-4916
829-082Z
829-4927
.. Development Services
P,O. Box 2340
Dublin. CA 94568
~
Planning/Zoning
Building & Safety
Engineering/Public Works
Date:
January 27, 1986
RE: APPE~BLE ACTION LETTER
PA 85-0~ Gemco store Remodel
Site Development Review
CERTIFIED MAIL
project/Site Address: 7200 Amador Plaza Road
Dublin CA 94568
Assessor Parcel Number(s): 941-305-29-02
PROJECT DESCRIPTION: Site Development Review application to modify the
architectural detail of the storefront of the existing Gemco Store and to
cover and enclose a portion of the existing open-air nursery area.
Applicant:
William Glass & Associates, Architects, Inc.
22245 Main Street, Suite 100
Hayward CA 94541
property Owner:
Dublin & Associates
21515 Hawthorne Blvd., Suite 500
Torrance, CA 90503
Dear Applicant:
The above referenced project was acted upon on January 27, 1986, by the:
XXX Zoning Administrator
Planning Director
Planning Commission
and was:
xxx
Approved
Approved subject to conditions
Denied
Findings and Conditions of Approval are attached.
This action becomes final and effective at 5:00 p.m. on February 6, 1986,
unless appealed before that time in accordance with the Zoning Ordinance.
If you have any questions regarding this matter, please contact this office.
Laurence
Planning
LLT/KG/ao
cc: PA 85-096
Building Inspection Dept.
attn: V. Taugher
ATTACHMENT 1
PA 85-096 Gemco Store Remodel - Site Development Review
Findings and Conditions of Approval
FINDINGS OF APPROVAL :
1. The proposed remodel of the Gemco store serves the public need by
expanding the retail service area available to the general public.
2. The proposed use will be properly related to other land uses and
transportation and service facilities in the vicinity.
3. The use will not materially adversely affect the health or safety of
persons residing or working in the vicinity or be materially detrimental
to the public welfare or injurious to property or improvements in the
neighborhood, as all applicable regulations will be met.
4. The use will not be contrary to the specific intent clauses for
performance standards established for the District in which it is to be
located.
5. All provisions of Section 8-95.0 through 8-95.8 Site Development
Review, of the Zoning Ordinance are complied with.
6. Consistent with Section 8-95.0, this project, as conditioned by this
approval, will promote orderly, attractive, and harmonious development,
recognize environmental limitations on development, stabilize land
values and investments, and promote the general welfare by preventing
establishment of uses or erection of structures having qualities which
would not meet the specific intent clauses or performance standards set
forth in the Zoning Ordinance and which are not consistent with their
environmental setting.
7. The approval of the project as conditioned is in the best interest
of the public health, safety, and general welfare.
8. General site considerations, including site layout, orientation, the
location of buildings, vehicular access, circulation and parking,
setbacks, height, public safety, and similar elements have been designed
to provide a desirable environment for the development.
9. General 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 signing and similar
elements have been incorporated into the project in order to insure
compatibility of this development with its design concept and the
character of adjacent buildings and uses.
10. General project landscaping and consideration including the
locations, type, size, color, texture and coverage of plant materials,
provisions for irrigation, maintenance and protection of landscaped
areas and similar elements have been considered to insure visual relief
to complement buildings and structures and to provide an attractive
environment to the public.
II. The project is consistent with the policies contained in the City's
General Plan.
-2-
CONDITIONS OF APPROVAL:
Unless stated otherwise, all Conditions shall be complied with prior to
issuance of building or grading permits and shall be subject to Planning
Department review and approval.
GENERAL REQUIREMENTS:
1. Development shall generally conform with the revised plans prepared
by William Glass and Associates, Architects, Inc., consisting of four
sheets dated received by the City Planning Department December 23, 1985.
collectively, these materials shall serve as Exhibit "A" for this
project and shall be maintained on file with the Planning Department,
This approval shall be valid until January 30, 1987. If construction
has not commenced by that time, this approval shall be null and void.
This approval may be extended one additional year by the Planning
Director upon his determination that the Conditions of Approval outlined
in this document continue to remain adequate to assure development
consistent with the aforestated Findings of Approval. Development shall
be subject to the conditions listed below.
2. Comply with the City of Dublin Site Development Review Standard
Conditions and the City of Dublin Police Services Standard Commercial
Building Security Recommendations (Attachment "A" and Attachment "B").
ARCHITECTURAL:
3. Elevations and examples of exterior colors and materials for
buildings and structures shall be subject to final review and approval
by the Planning Director. All ducts, meters, air conditioning equipment
and other mechanical equipment on the new structure shall be effectively
screened from view with materials architecturally compatible with the
main structure.
DRAINAGE:
4, The drainage system developed shall be subject to review and
approval by the City Engineer.
5. The area outside the building shall drain outward at a 2% minimum
slope for unpaved areas and a 1% minimum in paved areas (5% maximum).
6. Roof drains shall elmpty onto paved areas, concrete swales, or other
approval dissipating devices. Calculations (hydraulic) shall be
prepared by the developer for review by the City Engineer to determine
the sizing of new drainage lines.
DEBRIS/DUST/CONSTRUCTION ACTIVITY:
7. Measures shall be taken to contain all trash, construction debris,
and materials in the construction area until disposal off-site can be
arranged. The developer shall keep adjoining parking and driveway areas
free and clean of project dirt, mud, and materials during the
construction period. All construction areas shall be watered, or other
dust-palliative measures used, to prevent dust as conditions warrant.
-3-
EASEMENTS:
8. The developer shall acquire easements, and/or obtain rights-of-entry
from the adjacent property owners for any improvements, including
grading, required outside of the proposed development. Copies of the
easements and/or rights of entry shall be in written form and be
furnished to the City Engineer.
9. The developer shall provide a recorded cross easement for vehicular
ingress and egress from the southeast portion of the contiguous library
parking lot through the subject property to Amador valley Boulevard (see
Staff Study dated January, 1986). The alignment of the cross vehicular
connection and the necessary adjustments to parking and landscape shall
be subject to review and approval by the Planning Director, The
easement document shall be subject to review and approval by the City
Attorney prior to recordation (see sample agreement marked Attachment
C). Development of the vehicular connection between the two properties
shall not be the responsibility of this applicant. The developer shall
supply the necessary right-of-entry agreements to the Library's agent
who is subsequently chosen to make the modifications to the respective
parking lots to allow said vehicular access connection.
10. The developer shall provide a recorded cross easement for
vehicular ingress and egress through the parking area adjoining the
northwest corner of the Gemco building to APN 941-305-14-2 (see Staff
Study dated January, 1986). The alignment of the cross vehicular
connection and the necessary adjustments to parking and landscape areas
in vicinity of the connection shall be subject to review and approval by
the City Engineer and the Planning Director. The easement document
shall be subject to review and approval by the City Attorney prior to
recordation. Development of the vehicular connection between the two
properties shall be jointly the responsibility of the owners of the
Gemco property and APN 941-305-14-2. Installation of the connection
shall be accomplished within 120 days of the City's notification to both
owners for work to commence. The developer shall supply the necessary
right-of-entry agreements to the agent for APN 941-305-14-2, who is
chosen to make their share of the modifications to the existing parking/
landscape areas to accommodate the referenced driveway connection.
FIRE:
11. Prior to the issuance of building permits, the developer shall
supply written confirmation that the requirements of the Dublin San
Ramon Services District Fire Department have been, or will be, met.
LANDSCAPING AND IRRIGATION PLANS:
12. A detailed Landscape and Irrigation Plan, along with a cost estimate
of the work and materials proposed, shall be submitted for review and
approval by the Planning Director. Said Plan shall detail all proposed
modifications to existing landscape areas modified as a result of the
work detailed within this permit (including changes prompted by
Conditions #9, #10 and #18).
-4-
LIGHTING:
13. Exterior lighting shall be of a design and placement so as not to
cause glare onto adjoining properties. Wall lighting along the north
side of the new structure shall be supplied to provide "wash" security
lighting along that area of the structure. Release from the discharge
of this condition may be granted by the City Engineer and the City
police Department upon their determination that the lighting is not
necessary.
PARKING AND DRIVEWAYS:
14. The developer shall be responsible for the correction of the minor
deficiencies in the existing frontage improvements as determined
necessary by the City Engineer.
15. The landscape-walkway-drive aisle area adjoining the northeast
corner of the Gemco building shall be modified to promote better
delineation between pedestrian walkway and vehicular travel areas. This
shall be accomplished by continuing the raised concrete walkway around
the corner of the building which may transition back to the existing
grade alignments approximately 50 feet west of the intersection of the
two drive aisles (see Staff Study dated January, 1986).
SIGNAGE:
16. Any new signs proposed in conjunction with the building addition/
modification shall be subject to review and approval by the Planning
Director.
STORAGE AND EXTERIOR ACTIVITIES:
17. Unenclosed outside storage of merchandise display is expressly
prohibited (unless authorized by subsequent CUP or ACUP approvals for
special promotional events). The construction-related exterior storage
adjoining the rear (west) side of the Gemco building shall be cleared
prior to the issuance of a building permit for the proposed building
modifications. All demonstrations, displays, services, and other
activities shall be conducted entirely within the structures on the
site. No loudspeakers or amplified music shall be permitted outside the
enclosed structure.
MISCELLANEOUS:
18. A four-foot (minimum clear width) pedestrian walkway extending from
the northeast corner of the Gemco Store along the westerly edge of the
access road and extending to the southwest corner of the intersection of
the shopping center entry and Amador Valley Boulevard shall be provided
by the developer. The materials used for new pedestrian walkways shall
be of a uniform design and shall be subject to review and approval of
the Planning Director, Those portions of walkways adjoining parking
areas shall be raised six inches (minimum) above the parking/drive aisle
surface and shall provide for a minimum 2-foot vehicle overhang.
19. Except as specifically altered by these conditions of approval,
development shall comply with the conditions established for S-646.
-5-
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22245 main street . suite 100 . hayward, california 94541 · (415) 537-4344
February 4, 1986..
City of Dublin Planning Department
P.O. Box 2340
. -nub 1 i n ,CA --94568
ATTN: Mr. Laurence L. Tong, Planning Director
RE: Site Development Review PA 85-096
Gemco Store Remodel
7200 Amador Plaza Road,
Dublin, California
J
i
h
f~
:-\:
Dear Mr. Tong:
We have received and reviewed your January 27, 1986 letter which approved the
above-referenced application with conditions.
I have been instructed by Gemco Stores to appeal on their behalf to those
conditions over ~/hich they have no control. In particular, conditions 8, 9,
10, 12, 14, 15, and 18, as well as those standard conditions which would apply
to off-site or common area improvements present a serious problem. While
Gemco in themselves could accept these conditions they would have to secure
the approval of numberous owners, tenants, and lenders who have the right of
refusal over any common area changes or improvements. It would be impossible
for Gemco to secure the consent and approvals required within any reasonable
1 ength of time.
Accord i ngly they request that either these conditions be removed
_ administratively by you or, if this is not possible, the matter be scheduled
at the earliest Planning Commission and/or City Council agenda as an appeal
item.
This request does not seem unreasonable since the proposed improvements under
this application do not constitute a building expansion, only a new facade and
the covering of an existing nursery sales area
-1-
ATTACHMENT ;L
building area
,secure the consent and . of. thevari ousshoppi ng ce~ter
. owners~ tenants, 'and lenders. At that time they would be quite willing to
present the conditions and common area .improvements you are now requesting as
part ofa total package for their consent and approval.
. .
;~~--
cc: J.R.'Justus, Jr. - Lucky Stores
M.R. Mahoney - Gemco Stores
Pete Mallon - Gemco Stores
V. Taugher - Building Inspections Department
WG/tr
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LOCATION MAP
for:
GEMCO DEPARTMENT STORE No. 578
located at:
7200 Amador Plaza Road
Dublin, Ca.
22245 main street
suite 100
hayward. ca 94541
(415) 537-4344
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ATTACHMENT :3
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M E M 0 RAN DUM
Date: November 13, 1985
To: Larry Tong
Planning Director
From: Lee Thompson
city Engineer
Subject: PA85-096 Gemco store Remodel
Comments are as follows:
1. Provide an easement for vehicle ingress and egress from the
contiguous Library parking lot to Amador Valley Boulevard.
2. Correct minor deficiencies in existing frontage improvements as
required by the City Engineer.
3. Provide a sidewalk along the westerly edge of the access road from
the front of the Gemco building to Amador Valley Blvd.
ATTACHMENT b
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ATTACHMENT 1
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RESOLUTION NO. Z-3313 OF
THE ZONING ADMINISTRATOR OF ALAMEDA COUNTY
ADOPTED AT THE HEARING OF MARCH 15, 1978, CONCERNING C-3344
WHEREAS Dublin Associates has filed an application for a CONDITIONAL
USE PERMIT, C-3344, to construct and operate 1) a bank with drive-thru lanes; 2) theatre;
3) racquetball courts; 4) gasoline retail sales; 5) exterior display of plant materials; and
6) sales and installation of automotive parts and accessories, in a "C-l" (Retail Business)
District, located between Amador Valley Boulevard and Dublin Boulevard, west of Amador
Plaza Road, Dublin, Assessor's No. 941-305-12; and
WHEREAS it satisfactorily appears from affidavits on file that proper notice
of said public hearing was given in all respects as required by law; and
WHEREAS the Zoning Administrator did hold a public hearing at the hour of
1:30 p.m. on the 15th day of March, 1978, in the Alameda County Public Works Building,
399 Elmhurst Street, Hayward, California; and
,
WHEREAS this application has been reviewed in accordance with the provi-
sions of the California Environmental Quality Act and an Initial Study was filed as a Nega-
tive Declaration; and
WHEREAS a Pre-Hearing Analysis was submitted recommending the appli-
cation be conditionally approved; and
WHEREAS a representative for the applicant appeared at said meeting and
presented testimony-in 5!-1pport of the application; and
WHEREAS a neighbor appeared and offered concerned testimony on the applica-
tion; and
WHEREAS the Zoning Administrator did hear and consider all said reports,
recommendations and testimony as hereinabove set forth; Now Therefore
BE IT RESOLVED that the Zoning Administrator finds that:
(a) The use is required by the public need as facilities would provide for
additional comparative, competitive shopping and services for Dublin
and adjacent communities.
(b) The use will be properly related to other land uses and transportation
and service facilities in the vicinity.
(c) As proposed, the use, if permitted, under all the circumstances and conditions
of this particular case, will not materially affect adversely the health .
or safety of persons residing or working in the vicinity, or be materially
detrimental to the public welfare or injurious to property or improvements
in the neighborhood.
(d) The use will not be contrary to the specific intent clauses or performance
standards established for the District in which it is to be located,
BE IT FURTHER RESOLVED that the Zoning Administrator does hereby con-
ditionally approve said application as shown by materials labelled Exhibit "B.",on file with
the Alameda County Planning Department, subject to the following conditions:
1. There shall be no outside sales except growing plant materials.
2. There shall be no outside display of tires or any other merchandise.
3. Service station shall not be installed prior to the "GEM CO" facility.
4. Development is also subject to those design changes, statements and
conditions that may be imposed on Site Development Review 5-646.
Said Permit shall be revocable for cause in accordance with Section 8-90.3 of the Alameda
County Zoning Ordinance.
RICHARD P. FLYNN - ZONING ADMINISTRATOR
ALAMEDA COUNTY PLANNING DEPARTMENT