HomeMy WebLinkAboutReso 009-99 SDR Black AngusRESOLUTION NO. 9 - 99
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING PA 98-065, BLACK ANGUS
SITE DEVELOPMENT REVIEW, A PORTION OF THE
HACIENDA CROSSINGS COMMERCIAL CENTER
WHEREAS, ARG Enterprises has requested approval of a Site Development Review application
for a restaurant on pad F9B at Hacienda Crossings; and
WHEREAS, the Planned Development that was approved for this site requires that the
application for Site Development Review be approved by the City Council at a public meeting; and
WHEREAS, the Site Development Review for the site is a component of the Santa Rita
Commercial Center Project. That project is within the scope of the Eastern Dublin Specific Plan and
General Plan Amendment, for which a Program EIR was certified (SCH 91103064). A Mitigated
Negative Declaration (SCH 94113020) has been approved for the Santa Rita Commercial Center Project.
That Mitigated Negative Declaration together with the Program EIR adequately describes the total
project for the purposes of CEQA; and
WHEREAS, there have not been any identified changes in the Santa Rita Commercial Center
(now known as Hacienda Crossings) Project or in the circumstances under which the Santa Rita
Commercial Center Project is to be undertaken or any new information which requires revisions to the
Mitigated Negative Declaration or to the Program EIR; and
WHEREAS, a restaurant is a permitted use under the Planned Development District for this site;
and
WHEREAS, the City Council held a public meeting on said application on January 19, 1999; and
WHEREAS, proper notice of said public meeting and a ten day public review period was given in
all respects as required by law; and
WHEREAS, the staffreport was submitted recommending the City Council approve the Site
Development Review application subject to Conditions of Approval prepared by Staff; and
WHEREAS, the City Council did hear and use their independent judgment and considered all said
reports, rec°mmenda~ons and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby find
that:
The approval of this application (PA 98-065) is consistent with the intent/purpose of
Section 8-104 (Site Development Review) of the Zoning Ordinance.
The approval of this application, as conditioned, complies with the policies of the General
Plan, with the Eastern Dublin Specific Plan and with Planned Development Regulations
for PA 94-001 which would allow a restaurant as a permitted use at this location.
Co
The approval of this application, as conditioned, is consistent with the design review
requirements in the Eastern Dublin Specific Plan and the City of Dublin Zoning Ordinance.
D°
The approval of this application, as conditioned, is in conformance with the Mitigation
Monitoring Program for the Santa Ri. ta Commercial Center Project Mitigated Negative
Declaration.
The approval of this application, as conditioned, is in conformance with regional
transportation and growth management plans.
Fo
The approval of this application, as conditioned, is in the best interests of the public health,
safety and general welfare as the development is consistent with all laws and ordinances
and implements the Eastern Dublin Specific Plan.
Go
The proposed site development, including site layout, vehicular access, circulation and
parking, setbacks, height, walls, public safety and similar elements, as conditioned, has
been designed to provide a desirable environment for the development.
Ho
Architectural considerations, including the character, scale and quality of the design, the
architectural relationship with the site and other buildings, signs, building materials and
colors, screening of exterior appurtenances, exterior lighting and similar elements have
been incorporated into the project and as conditions of approval in order to insure
compatibility of this development with the development's design concept or theme and the
character of adjacent buildings and uses.
Landscape considerations, including the locations, type, size, color, texture and coverage
of plant materials, provisions and similar elements have been considered to insure visual
relief and an attractive environment for the public.
BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby approves PA 98-
065 Site Development Review for Black Angus, a portion of the Hacienda Crossings Commercial Center,
as generally depicted by materials labeled Exhibit 1 of the Staff'Report, as well as the color elevations,
displays, model, perspectives and material board, stamped approved and on file with the Dublin Planning
Department, subject to the following conditions:
CONDITIONS OF APPROVAL:
Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of
building permits and shall be subject to Planning Department review and approval. The following codes
represent those departments/agencies responsible for monitoring compliance of the conditions of
approval. [PL] Planning, [BI Building, [PO] Police, [PW] Public Works, [ADM] Administration/City
Attorney, [FIN] Finance, [F] Alameda County_ Fire Department, [DSR] Dublin San Ramon Services
District, [CO] Alameda County_ Department of Environmental Health, [Z7] Zone Seven.
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NO CONDITION TEXT RESPO WHEN MATRIX RESPONSES
N REQ. INDEX TO
AGENCY CONDITIONS
(for applicant)
GENERAL CONDITIONS
1. Except as specifically modified elsewhere, PL Ongoing
PA 98-065 Black Angus Site Development
Review is approved for the construction of
6,640 sq.ft, restaurant at Hacienda Crossing
Commercial Center. This approval shall
generally conform to the plans labeled
Exhibit 1, consisting of 9 sheets, prepared
by MCG Architects, dated received
November 12, 1998, and a color and
matedal board dated received by the
Planning Department on November 12,
1998, and stamped approved.
2. The Applicant is responsible for those PL Ongoing
Conditions of Approval of Resolution No. 6-
95 for PA 94001, the Santa Rita
Commercial Center Planned Development
Rezone; those obligations of the
Development Agreement Between the City
of Dublin and Homart Development Co. and
Surplus Property Authority of the County of
Alameda for the Td-Valley Crossings
Project/Santa Rita Commercial Center,
adopted by Ordinance No. 3-95 for which
the Applicant is responsible; the Conditions
of Approval of PA97-003, Phase I, Regal
Theater Site Development Review, and
Phase 2, where applicable; the Conditions
of Approval of Resolution No. 3-95 (of the
Planning Director) and Resolution No. 4-97
(of the Community Development Director
for PA Nos. 95-013 and 97-003 approving
Tentative Parcel Map 6879 and 7116, and
the Conditions of approval for TPM 7375, to
be approved by the Community
Development Direction on January 12, 1999
and amendments thereto relating to zoning
regulations, subdivision, and improvement
of the property.
3. The Applicant is responsible for complying PL Ongoing
with all applicable mitigation measures of
the Santa Rita Commercial Center Project
Mitigation Monitoring Plan approved by the
City Council on January 23, 1995, relating
to the subdivision and associated
improvements of the proiect site.
3
NO CONDITION TEXT RESPO WHEN MATRIX RESPONSES
N REQ. INDEX TO
AGENCY CONDITIONS
(for applicant)
4. Minor modifications to location and size of PL Ongoing
buildings on the site plan may be approved
by the Community Development Director.
Modifications that improve the quality of
materials may be approved by the
Community Development Director.
Modifications to overall design concepts
and/or reduction in quality of materials may
be made by the City Council.
5. The Applicant shall comply with all B BLDG
applicable regulations and requirements of
the Uniform Building Code and the State of
California, Title 24 provisions.
6. The Applicant shall comply with all PL, PW, PM &
applicable City of Dublin Site Development PO BLDG
Review Standard Conditions, City of Dublin
Public Works Typical Conditions of Approval
for Subdivisions, and City of Dublin Non-
Residential Security Requirements. In the
event of conflict between any of these
conditions and the attached conditions,
these Conditions shall prevail. (Exhibit 4 to
the Staff Report).
7. Approval of this Site Development Review PL Ongoing
shall be valid for one year, until January 19,
2000. If construction has not commenced
by that time, this approval shall be null and
void. The approval pedod for the Site
Development Review may be extended six
(6) additional months (Applicant must
submit a wdtten request for the extension
pdor to the expiration date of the permit) by
the Community Development Director upon
the determination that the conditions of
approval remain adequate to assure that the
above stated findings of approval will
continue to be met.
8. The permit shall be revocable for cause in PL Ongoing
accordance with Section 8-961 of the Dublin
Zoning Ordinance. Any violation of the
terms or conditions of this Site Development
Review approval may be subject to the
issuance of a citation.
4
NO CONDITION TEXT RESPO ..WHEN MATRIX RESPONSES
N REQ. INDEX TO
AGENCY CONDITIONS
(for applicant)
9. 'Applicant/Developer shall pay all applicable B, PL, BLDG 45,59,
fees in effect at the time of building permit ADM 119,
issuance, including, but not limited to, 286,
Planning fees, Building feeS, Dublin San 165
Ramon Services Distdct fees, Public
Facilities fees, Dublin Unified School Distdct
School Impact fees, Public Works Traffic
Impact fees, Alameda County Fire Services
fees; Noise Mitigation fees, Inclusionary
Housing In-Lieu fees; Alameda County
Flood and Water Conservation District
(Zone 7) Drainage and Water Connection
fees; and any other fees as noted in the
Development Agreement. Unissued
building permits subsequent to new or
revised TIF's shall be subject to
recalculation and assessment of the fair
share of the new or revised fees. If the
development agreement approved for this
project conflicts with this condition, the
development agreement shall prevail.
10. The Developer shall comply with applicable F, PW, Ongoing 8, 18,
Alameda County Fire Department, Public PO, Z7, 20, 120,
Works Department, Dublin Police Service, DSR, PL 122,
Alameda County Flood Control Distdct Zone 138,
7 and Dublin San Ramon Services Distdct 155
requirements and/or permits or as
determined based on specific characteristics
of the restaurant. Pdor to the issuance of
building permits applicant shall provide
documentation that all such requirements
have been met.
SlGNAGE
11. Any signage on the site shall be in PL Ongoing
accordance with the Hacienda Crossings
approved Master Sign Program.
UTILITIES
12. Developer shall be on notice that all PW, PL Ongoing
conditions from TPM 7375 shall apply with
relation to utilities and water, as well as
other improvements.
13. The restaurant shall institute a solid waste ADM Ongoing 103
recycling program. The Developer shall
comply with the City's solid waste
management and recycling requirements.
5
NO CONDITION TEXT RESPO WHEN MATRIX RESPONSES
N REQ. INDEX TO
AGENCY CONDITIONS
(for applicant)
'" 14. The refuse collection service provider shall PL OCC 279
be consulted to ensure that adequate space
is provided to accommodate collection and
sorting of petrucible solid waste as well as
source-separated recyclable materials
generated by this project.
15. Developer shall install fire resistent covers PL, PW OCC
at all trash enclosures and shall construcl
10 foot concrete pads in the pick-up areas.
16. City Staff shall review and approve a utility PW, PL GRAD
site plan showing that transformers and
service boxes are placed outside of public
view where possible and/or screened.
17. Building plans shall include water efficient B BLDG 125
fixtures to City standards.
18. The developer shall construct all PW BLDG
underground utilities to the project building
in accordance with the governing agencies
and the City Department of Public Works.
PARKING
19. All parking shall conform generally to the PW, PL BLDG
Hacienda Crossings Site Plans approved by
the City Council or as modified by
recommendation of City staff. Pdor to
issuance of building permit a detailed
parking plan shall be submitted.
20. Ddve aisles and sidewalks of the site shall PW, PL BLDG
be configured to maximize safety,
circulation, convenience and sight distance
per the City of Dublin Zoning Ordinance,
standard plans and details, and current
policies of the Public Works Department.
21. Public parking spaces shall be double- PW, PL BLDG
stdped with 4-inch wide stdpes set
approximately 2 feet apart as shown on the
"Typical Parking Stdping Detail" available in
the Planning Department. Handicapped,
visitor, employee and compact parking
spaces shall be appropriately identified on
i the pavement and designated on the
parking plan.
22. Bicycle parking shall be provided near the PL, PW BLDG
building entdes.
TRASH
6
NO CONDITION TEXT I RESPO WHEN I MATRIX RESPONSES
N REQ. INDEX TO
AGENCY CONDITIONS
(for applicant)
23. All trash enclosure areas shall be PW, PL BLDG
constructed with roof coverage on concrete
pads. A ten foot concrete plan shall be
provided outside any trash enclosure area.
24. Trash enclosure doors shall be bf a solid PL BLDG
(not see through) matedal and painted to
match the adjacent walls.
25. Service areas shall be propedy maintained. PL Ongoing
All trash cans must be stored inside the
service yard at all times.
26. Trash areas shall comply with NPDES PW BLDG
requirements relating to wet garbage. This
may include special design specifications.
ARCHITECTURE
27. All ducts, meters, air conditioning equipment PL, B BLDG
and other mechanical equipment that is on-
site or roof mounted shall be screened from
view of all public dghts of way. A screening
plan shall be submitted for review and
approval by the Community Development
Director and Building Official prior to
approval of Building Permit. Said screening
plan shall show that all ducts, meters, air
conditioning equipment and other
mechanical and utility equipment shall be
effectively screened from view with
materials architecturally compatible with the
materials of the structure.
28. Building Plans shall be coordinated through PL, B BLDG
the Office of the Project Coordinator, SGPA,
or their designated representative, pdor to
submittal to the City.
DESIGN:
29. All masonry walls, including screen walls PL, B BLDG
shall have masonry caps instead of metal. ..
PUBLIC WORKS:
30. Applicant/Developer shall cooperate with the PW gCC PW
LAVTA to provide convenient access to
public transit, to enhance local and regional
mobility and integration of LAVTA with other
public transit systems, and to locate bus
alignments, turnouts, service stops, bus
shelters and other transit amenities. The
cost of procuring and installing the
necessary improvements to meet the
requirements listed above shall be paid by
Applicant/Developer.
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NO CONDITION TF_XT RESPO WHEN MATRIX I RESPONSES
N REQ. INDEX TO
AGENCY CONDITIONS
(for applicant)
31. Applicant/Developer shall provide bus PW OCC PW
passes for employees per LAVTA
requirements.
32. ADA Requirements/Handicap Ramps. All PW OCC
handicap ramps shall comply with all current
State ADA requirements and City of Dublin
Standards.
33. Detailed dimensioned improvement plans PW IMPRO,
(including grading, utility and erosion BLDG
control) will be required to be approved by
the Director of Public Works pdor to
issuance of grading and building permits.
34. Improvement Plans shall be coordinated PW IMPRO
through the Office of the Project
Coordinator at SGPA pdor to submittal of
the Plans to the City for review.
35. A structural control, such as an oil/water PW, B BLDG
separator, sand filter, or approved equal,
may be required to be installed, on site, to
intercept and pre-treat storm water pdor to
discharging to the storm drain system. The
design, location, and a maintenance
schedule must be submitted to the Director
of Public Works/City Engineer for review
and approval pdor to the issuance of a
building permit.
36. Roof drains shall empty directly into the PW Ongoing
storm drain system. The Applicant shall
comply with all National Pollution Discharge
Elimination System regulations and
requirements at all times dudng
construction.
37. Analysis of the on-site storm drainage shall PW GRAD
evaluate a 100 year storm event in order to
establish minimum floor elevations.
38. The first project that gets a building permit at PW GRAD
Hacienda Crossings will be required to
construct frontage improvements (sidewalk
and landscaping along Dublin Boulevard
and Hacienda Ddve) and the signal at the
Hacienda Ddve entrance to the shopping
center.
PUBLIC SAFETY
39. A final pedestrian circulation plan shall be PL, PW BLDG
submitted for approval when the site plan
for the Center has been finalized.
8
I'No CONDITION TEXT · RESPO ~WHEN MATRIX ! RESPONSES
N REQ. INDEX TO
AGENCY CON DITIONS
(for applicant)
40. Construction of the project shall be PL BLDG
conducted in such a manner as to prevent
potential conflicts with pedestrian and
vehicular traffic.
41. Fire Conditions. De~elopershall comply F BLDG
with all conditions and regulations of.the
Alameda County Fire Department (ACFD):
(a) Final location of fire hydrants shall be
approved by the Alameda County Fire
Department in accordance with current
standards. Hydrants shall be capable of
supplying minimum fire flows. Raised blue
reflectodzed traffic markers shall be epoxied
to the center of the paved street opposite
each hydrant. A drawing of the approved
locations shall be submitted for future
reference.
(b) Fire lanes shall be identified in the plan
and approved by the ACFD pdor to
installation.
(c) Emergency Vehicle Acess roadways
shall be designed and installed to suport the
imposed loads of fire equipment. The
minimum standard shall be H20 design.
Design shall be approved by ACFD prior to
installation.
(d) Gates or barricades designed for
emergency vehicle access shall meet the
standards of the ACFD and the City of
Dublin.
(e) Pdor to the delivery of any combUstible
material storage on the site or vertical
construction, fire hydrants, water supply,
and roadways shall be installed and
sufficient water storage and pressure shall
be available to the site. Approved roadway
shall be first lift of asphalt.
(f) Plans may be subject to revision
following review.
(g) A Fire Department Key Box (KNOX) is
required.
9
NO CONDITION TEXT RESPO WHEN MATRIX RESPONSES
N REQ. INDEX TO
AGENCY CONDITIONS
(for applicant)
42. Dudng construction, access shall be F, PW BLDG
provided to all areas of the site, completely
around structures. The access road shall
be 20 feet wide compacted 95% paved
roadway or ~quivalent.
43. Dudng construction combustible or F Ongoing
flammable waste materials or rubbish of any
kind shall be permitted on any yard, vacant
lot or open space.
44. The applicant shall work with the Dublin PO, PL BLDG
Police Department on an ongoing basis to
establish an effective theft prevention and
security program. The restaurant shall
comply with any secudty plan developed for
the Hacienda Crossings Commercial
Center.
45. The Developer and/or Property Owner shall PL, PO BLDG &
keep the site clear of graffiti vandalism on a Ongoing
regular and continuous basis at all times.
Graffiti resistant paints for the structures
and film for windows or glass should be
used. Any graffiti appearing on the building
shall be removed within one week from
notice by the City of the problem.
46. Permits shall be required for oversized PW, B Ongoing 268
and/or overweight construction loads
coming to and leaving the site. If soil is to
be imported or exported from the site, a
haul route plan shall be submitted to the
City for revieWand approval. All
construction traffic may be subject to
'specific routing as determined by the Public
Works Director, in order to minimize
construction interference with regional non-
project traffic movement.
47. Employee exit doors shall be equipped with
180 degree viewers if there is not a burglary
resistant window panel in the door.
10
NO ~- CONDITION TEXT RESPO WHEN I MATRIX RESPONSES
N REQ. INDEX TO
AGENCY CONDITIONS
(for applicant)
48. Extedor lighting shall be provided and shall PW, PO, BLDG
be of a design and placement so as not to PL
cause glare onto adjoining properties or
onto adjacent roads. Lighting used after
daylight hours shall be adequate to provide
for secudty needs (1.5 foot candles).
Extedor lighting shall be provided around
the entire perimeter of the buildings to
provide "wash" secudty lighting of
doorways. Minimum lighting at .50 candle
shall be provided at all doors. A lighting
isochart to show that the proposed lighting
of the project conforms to city approved
standards shall be submitted with the
building permits.
LANDSCAPING
49. A final detailed Landscape and Irrigation PL, DSR, BLDG.
Plan (at 1 inch = 20 feet or larger), along PW
with a cost estimate of the work and
materials proposed, shall be submitted for
review and approval by the Planning
Department. 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 and all other
requirements listed in the Planned
Development Zoning District for the site.
Landscaping shall be chosen for its
compatibility with recycled water.
Landscape and irrigation plans shall provide
for a recycled water system.
50. The Developer shall provide a minimum one PW, PL BLDG
foot wide raised curb or equivalent on
landscape fingers and islands adjacent to
parking stalls. All landscape planters within
the parking area shall maintain a five foot
curb radius to facilitate vehicular
maneuvedng.
1I
NO CONDITION TEXT RESPO WHEN MATRIX RESPONSES
N REQ. INDEX TO
AGENCY CONDITIONS
(for applicant)
51. The Applicant/Developer shall construct all PL, PW BLDG
landscaping within the site to the
satisfaction of the Director of Public Works
and Director of Community Development.
52. Revise landscape plans to include more PL BLDG
shrubs within the groundcover areas. Plans
shall include a denser landscape pallette.
53. All landscape median islands shall include PW IMPRO PW
drains to capture and convey water away
from the adjacent pavement subbase.
54. Replace flowering vines rather than Boston PL BLDG
Ivy around trash enclosure. Provide
planting areas or vine pockest at the
southeast outside comer and east and west
elevations of the trash enclosure for vine
plantings.
55. Three awnings shall be placed along the PL BLDG
walls of the east elevation.
56. Landscaping at aisle intersections shall be PL, PW OCC
such that sight distance is not obstructed.
Except for trees, landscaping shall not be
higher than 30 inches above the curb in
these areas.
57. Landscaping shall extend to the face of curb PW, PL IMPRO
or to agreed upon match lines set by Opus
Hacienda Crossings Phase 10ffsite
Improvement Plans.
58. The Applicant shall complete and submit to PL BLDG
the Dublin Planning Department the
Standard Plant Material, Irrigation and
Maintenance Agreement.
59. All graded slopes which are not to be PW On-
developed shall be hydroseeded with native going
grasses immediately upon completion to
prevent soil erosion.
60. Landscaping shall be kept tdmed to facilitate PO. Onoing
police surveillance and customer security.
MISCELLANEOUS:
61. The use of any temporary construction PW, B BLDG
fencing shall be made subject to the review
and approval of the Public Works Director
and the Building Official.
62. Prior to opening for business, BlackAngus FIN OCC 4K
shall provide a list to the City of the number,
type and salary level of employees for the
business in order for the City to implement
the required housing and employment
monitoring system required by the EDSP.
12
NO ~ CONDITION TF_.XT RESPO WHEN ~ MATRIX~ RESPONSES
N REQ. INDEX TO
AGENCY CONDITIONS
(for applicant)
63. To apply for building permits, the Applicant B, PL BLDG
shall submit twelve (13) sets of construction
plans to the Building Department for plan
check. Each set of plans shall have
attached an copy of these Conditions of
Approval with Responses to Conditions
filled in (see this chart) indicating where (on
the plans) or how the condition is satisfied.
The notations shall cleady 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 pdor to the issuance of building
permits.
64. Use of Herbicides or rodenticides should PW, B Ongoing 221
only be used in consultation with review by
a biologist to ensure sensitive species are
not at dsk.
65. Measures shall be taken to contain all B, PW Ongoing
construction debds, trash and materials on-
site until disposal off-site can be arranged.
The Applicant shall keep adjoining public
streets and properties free and clean of
project dirt, mud, and materials dudng the
construction pedod. The Applicant shall be
responsible for corrective measures at no
expense to the City of Dublin.
PASSED, APPROVED AND ADOPTED this 19th day of January, 1999.
AYES:
NoEs:
CounCilrnembers Howard, Lockhart, McCormick, Zika and Mayor Houston
None
ABSENT:
ABSTAIN:
None
~/ ¢ Mayor
ATTES~/~ ~
K2/G/1-19-99/reso 2b laclcangs
G:~A98-065\ccres
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