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Home My WebLink About99-057 PopeyesCUP/SDR 01-11-2000AGENDA STATEMENT PLANNING COMMISSION MEETING DATE: January 11, 2000 SUBJECT: PUBLIC HEARING PA 99-057 Popeyes Conditional Use Permit/Site Development Review } (Report Prepared by: Carol R. Cirelli, Senior Planner) ~ ~ ATTACHMENTS: 1. Project Plans 2. Resolution approving the Conditional Use Permit and Site Development Review RECOMMENDATION: 1) Open public heazing. 2) Receive staff presentation and public testimony. 3) Close public hearing and deliberate. 4) Adopt Resolution (Attachment 2) approving PA 99-057 Popeyes Conditional Use Permit and Site Development Review. DESCRIPTION: The Applicant is requesting Conditional Use Permit and Site Development Review approval to establish a fast food, drive-through restaurant and to remodel the interior and exterior of an existing 2,226 square Foot building located at 7122 Regional Street. The restaurant will contain approximately 40 indoor seats; and 20 outdoor seats for customers. The exterior improvements will involve redesigning the building facade; upgrading the landscaping; installing new freestanding and wall signs; and slightly modifying the existing on-site circulation. The proposed hours of operation for the restaurant, including drive-through, would be Monday through Friday, from 6:00 a.m. to 10:00 p.m.; and Saturdays and Sundays, from 6:00 a.m. to 12:00 midnight. The site was formerly occupied by "El Pollo Loco," another fast food, drive-through restaurant. The business ceased operation in 1991/92. General Plan and Downtown Specific Plan The General Plan land use designation for the project site is Retail/Office. A fast food, drive-through restaurant is consistent with this General Plan land use designation. The project is located within Development Zone 5 of the Downtown Specific Plan. This zone encourages the mix of retail and commercial uses, and it also encourages pedestrian linkages. The project is consistent with the Downtown Specific Plan because a fast food restaurant provides acommercial/retail service for merchants and shoppers of the downtown; and restaurants aze typically seen as a "pedestrian-oriented" use. COPIES TO: Applicant Property Owner Project File Project Planner ITEM NO. ~ ' g:\pa99-057\PC s[affreport Conditional Use Permit The project is located within the C-1, Retail Commercial Zoning District. According to the Zoning Ordinance, adrive-through business within a C-1 zoning district requires a Conditional Use Permit. In addition, a Conditional Use Permit is required for all eating establishments with outdoor seating. The proposed drive-through restaurant with outdoor eating area uses are compatible with the adjacent downtown office, retail and general commercial uses. These uses compliment each other to the extent that downtown shoppers, merchants and employees can patronize the proposed eating establishment. Site Develoament Review Site Development Review approval is required for constructing exterior building and site modifications; and for installing new wall and freestanding signs. The building and signage colors incorporate Popeyes' corporate primary color scheme of bright blues; reds; and yellows. However, staff worked with the Applicant to develop exterior architectural improvements and color combinations which help to alleviate the stark brightness associated with the project's proposed primary colors. Due to the brightness of the building's proposed color scheme, staff requested that the Applicant eliminate an interior-illuminated blue band along the top of the building, which will be replaced with a simple painted blue band. This will help to further subdue the project's color scheme. The color scheme of the building will match the color scheme of the wall and freestanding signs. The original plans showed no architectural or sculptural treatment along the building elevations, especially along the sides with longer walls. The Applicant has agreed to install metal trellises with landscaping along the northern, southern and western building elevations. The addition of these trellises would help eliminate the "blank wall" effect. Additionally, the Applicant proposes to remove the original overhang and columns located at the front entry way, which did not compliment the design of the building. Based on staff s recommendation, the entryway will be replaced with an archway designed to match the freestanding sign design theme of a half-spoke wheel. New landscaping will be installed throughout the project site, and the existing landscaping along the northern property line will be enhanced. The landscaping along the property frontage will contain berms and shrubbery that will screen the finished grade of the adjacent parking stalls. Additional canopy trees will be planted in this area to provide shade for parked cars. The project's plant palette consists of drought-tolerant species. The Applicant is proposing adequate parking in compliance with the Zoning Ordinance. According to the Public Works Department, the proposed on and off-site traffic circulation movements are adequate. The original drive-through configuration will be modified to facilitate on-site traffic movement, and there is sufficient space for vehicle stacking. Through Site Development Review approval, the three proposed wall signs and freestanding menu board and business identification signs are in compliance with the Zoning Ordinance. Conditions of Approval Other City departments and governmental agencies have reviewed the project and their comments have been incorporated into the resolution (Attachment 2) as conditions of approval. The majority of the conditions applied to the project are standard conditions of approval. However, the resolution includes project-specific conditions covering awnings, occupancy fire/building code regulations and cross access easements. Approval of building awnings may lead to aesthetic problems in the future if the awnings are not well maintained. The Conditional Use Permit and Site Development Review resolution (Attachment 2) includes a condition requiring that the awnings be replaced of similar material and color every 8 years or as required by the Community Development Director, if it is determined that the fabric has faded and not been maintained appropriately. Regarding building occupancy, the Applicant must demonstrate that the maximum number of persons that can occupy the building at any given time is under 50 persons. A condition has been added which states that if the occupant load for the restaurant is 50 or more persons, the project must be reviewed as an "Assembly Occupancy" and the Applicant must comply with additional fire code regulations, such as constructing an additional exit door; installing noncombustible decorative material, i.e., drapes, drops, curtains, etc., installing interior finishes that meet flame spread requirements, etc. The Public Works Department included a condition requiring that the Applicant/Property Owner provide a cross vehicle access easement for vehicle ingress and egress through the project site and across the adjoining See's Candy parcel, if the adjoining parcel develops in the future. The cross access easement is required if an easement does not currently exist. Environmental Determination The project has been reviewed in accordance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines and has been found to be categorically exempt under Section 15301, Class 1 of the State CEQA Guidelines. The project will involve minor alterations to an existing building. CONCLUSION: Staff recommends Planning Commission approval of the Conditional Use Permit and Site Development Review request to establish adrive-through fast food restaurant with outdoor seating; and to remodel an existing 2,226 square foot building, install new landscaping and new wall and freestanding signage, subject to the conditions specified in the draft resolution, Attachment 2. GENERAL INFORMATION: Property Owner: Ellen Hui Eighty Eight & Associates, LLC 434 Gellert San Francisco, CA 94132 Applicant: Donald E. Flaner, Jr. President M. Douglas Construction, Inc. 1101 Northgate Road Walnut Creek, CA 94598 Location: 7122 Regional Street APN 941-0305-035 Existing Zoning: C-1, Retail Commercial Zoning District General Plan Designation: Retail/Office Downtown Specific Plan Designation: Development Zone 5 -San Ramon Road Retail (.~r' re ~i ~- ` l~~ 1, U~ 01 Y~ 3~ s ~ 1, I~ I~ ,i~1~ ~ I ~r~ e ~ `~ ~.~ i~ °_ Q ~~ ~e ~ ~.~~~ !ICJ `I ~ ~ ro .; ,. :, .~ .:~.. ~ P~l~q ~:~',~ ~:°~„ ~~~, Al4d 6L ~~~ wimu '"" 1p` NOIC: SLNR TIIC ~A71001 O CITIIG OF GOIlNr7! ANO 4TGWC W'OIfT 194M1¢7 E4O1 D10 U OWL C o~ U J O Z z Q ~ ~ o w ~ z ~ w ~ ~ d z C~ ~ w r 11J 1L O L\.. U TT. ~ p.3 ~/ ~ RA Ab h0 F~ ~~ ~~ 8 e b Z~ :s ~~ ~~ a a< U Z' J m . SN~JIS 0 ~Y y '~`~ ~_ F o o ~ ~ W J N W ~ z z w Z WW ~ iY~L „yP F i<I r~T t ~ Y `f k .+dXr • i 4 v' ~ Q '' Z ~ ~~ t', 'n qrr~" fF . - , V '~~``~ ~ W ~• DG D ~ a - = ~ ~~ t ~ a Y s, ~~. H\ yre h4Z f y~ ' ' y f ` ~ f§ S M1 aY~ A~ ~ n. y ~ 9 PT4T, Drive-Thru Topper, 5276.00 plus [unity to wmmunicate combo meals or backlit transparencies. [ion kit. The Drive-Thru Topper is an ideal oppor- offers to your wstomers with bright and effective PDTSP, Optional Simplex or Duplex Reroute Speaker Post, 8" x 47", $255.00 Drive-Thru Panel 18 s/a" x 44 s/s", $B3.OQ, Note: If you wish to replace the transparency with menu strips, you may order a package of 12 snapon H-Bar tracks for $21.00 PDT3G3i 15, Drive -Thru Menu Board, 81 Us" x 47 a/te", (base36" x 16"), $1,754.75 ~ Designed kir use with an Internal Simplex or Duplex Speaker and Microphone or an optional External Speaker Post Menu boards include the core menu kit, digit earners, drinlz Iogns, and paring chips. as ~~ ~ ~~~~y~~~ ~ = ~ ~$~~~~~E ss~~~ t~N'I~ ~~~ ~ ~~~~ s~~ ~ ,. ~ ~r'I~ ~~ ~~ ~~ ~ a a 0 0 -~-~ ~ ~ ~ ~ vlxuo~IVO `urlana - S~tLLS `IVVxoIJ$tI zzT~ ~ ~ t o ZSQOAI~tI ~ ~ ° ~ S,~dod £ ~ ~ R ~ ~ ~ ~ ~ "o 4 o ? .1.3c~aiJ.~ ~'vrt+tD 19r~3'~ iy~ ~~~~~~ d~~ ! ` aA ~4~~~ ~~~~~~ 0 W N ~a 3 V n ~4~ ~ Q `R~! t ~ •~~ ~ ~~~ ~~ ~~ ~ ~ spat a p ~ -~'K. 1 1 ~ 1i ~ (, _ p '4 ~~ J ~' .o,. ~ .o,. ~ .e,. ~ As ~ A. ~~--, An '~ a ~ J l s ~~ .M A~i ~E ~ ~~ It ~ y2~ I B~ B~ ~( j ~~ ~~ Y ~~ ~ .y ...,.. £U py I .TN' AY f AY 8Y AKI ~~ ~ ® p ~ i n ~ ~ y ' '/IIU1l\j =~~;.. ~ ~ EY i i ~~~d~ lA.~~l~l:~ ~` ~f i t ~~ ~~~ ~~ .° .. ::, ~~ ~~ ~_. ~ I _i a .f.C~ ' O AN ~ ~ ~ ~ ~ - ~ ~~ ~~ ~~ ~~ .~ ~~ ~ .~ _~ ~ g~ m~ --__, .K. 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RESOLUTION NO. - 00 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN ADOPTING PA 99-057 POPEYES CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW REQUEST TO REMODEL AN EXISTING 2,226 SQUARE FOOT BUILDING; UPGRADE THE LANDSCAPING AND INSTALL NEW WALL AND FREESTANDING SIGNAGE; AND TO ESTABLISH A FAST FOOD DRIVE-THROUGH RESTAURANT WITH OUTDOOR SEATING LOCATED AT 7122 REGIONAL STREET WHEREAS, the Applicant, Donald Flaner, Jr. of M. Douglas Construction, Inc., has requested approval of a Conditional Use Permit and Site Development Review to establish afast-food restaurant with adrive-through with outdoor seating and remodel an existing 2,226 square foot building with new building facades; landscaping and signage, located at 7122 Regional Street, within the Downtown Specific Plan, Development Zone 5; and WHEREAS, the project has been reviewed in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the City of Dublin Environmental Guidelines and is categorically exempt under Section 15301, Class (1) Existing Facilities of the State CEQA Guidelines. The project will involve minor alterations to an existing building; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted to the Planning Commission recommending that the Planning Commission approve the application; and WHEREAS, the Planning Commission did hear and use their independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth; and WHEREAS, the Planning Commission has found that the proposed project is appropriate for the subject site. NOW, THEREFORE, BE IT RESOLVED THAT THE Planning Commission of the City of Dublin does hereby find that: A. The proposed operation of adrive-through fast food restaurant within Development Zone 5 of the Downtown Specific Plan is compatible with other land uses (i.e. retail commercial and residential), transportation and service facilities in the vicinity because the proposed restaurant use will provide a commercial service; retail establishment and pedestrian oriented use consistent with the adjacent downtown uses and the restaurant will offer goods and services which typically benefit the surrounding retail uses. B. The proposed use will not adversely affect the health or safety of persons residing or working in the vicinity, and will not be detrimental to the public health, safety and welfare because all the ATTACHMENT2 potential environmental impacts associated with the project are less than significant. C. The use will not be injurious to property oc improvements in the neighborhood because the project is conditioned to comply with all Building and Fire Department requirements, and Public Works Department requirements regarding on and off-site traffic circulation, street improvements, and on and off-site drainage improvements. D. There aze adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use and related structure would not be detrimental to the public health, safety, and welfare. E. The subject site is physically suitable for the type, density and intensity of the use and related structure being proposed because the project is located on relatively flat land within an urbanized area adjacent to existing retail commercial uses. The approval of this application, as conditioned, complies with the Dublin General Plan, the Downtown Specific Plan, and the general requirements established in the Dublin Zoning Ordinance. G. The Popeyes project is consistent with the intent and purpose of Chapter 8.104 Site Development Review of the Zoning Ordinance. H. The approval of this application, as conditioned, is in the best interest of the public health, safety and general welfare. The proposed site development, including site layout, structures, vehicular access, circulation and parking, setbacks, height, walls, public safety and similar elements has been designed to provide a desirable environment for the development. 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 similaz elements have been incorporated into the project in order to insure compatibility of this commercial development with the development's design concept or theme and the architectural character of the surrounding commercial buildings and uses. K. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, provisions and similaz elements have been considered to ensure visual relief and an attractive environment for the public. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission hereby approves PA 99-057 Popeyes Conditional Use Permit and Site Development Review request to remodel an approximate 2,226 square building, and to establish a fast food restaurant with adrive-through, with outdoor seating located at 7122 Regional Street, as generally depicted by the plans, labeled Attachment 1, consisting of four sheets prepared by Kattenburg & Associates and Rose Associates, dated received by the Planning Department on January 5, 2000, stamped approved and on file with the Dublin Planning Department, subject to compliance with the following conditions: CONDITIONS OF APPROVAL: Unless stated otherwise all Conditions of Approval shall be complied with prior to the issuance of buildine permits or establishment of use and shall be subiect to Planning Department review and approval The followine codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval• IPLI Planning,_[Bl Buildine IPOI Police [PW] Public Works (ADMI Administration/City Attorney. jFIN] Finance, 1Fl Alameda County Fire Department, fDSRI Dublin San Ramon Services District, ILDD], Livermore Dublin Disposal, ICOI Alameda Countv Department of Environmental Health, (Zone 7], Alameda Countv Flood Control and Water Conservation District Zone 7 [LAVTAI, Livermore Amador Valley Transit Authority. 1CHSl, California Department of Health Services. N CONDITION TEXT RESPON. WHEN HOW IS O AGENCY/ REQ•' CONDITIO DEPART. SATISFIED . 1. Permit Expiration. Construction or use shall commence PL g On pin B within one year of permit approval, or the permit shall lapse and become null and void. 2. Annual review. On at least an annual basis, this Conditional PL Ongoing Use Permit shall be subject to Zoning Investigator Review and determination as to compliance with the conditions of approval. Any violation of the terms or conditions of this permit may be subject to enforcement action. 3. Revocation of permit. The permit shall be revocable for PL Ongoing cause in accordance with Chapter 8.96 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. 4. Clean-up. The Developer/Property Owner shall be PL Ongoing responsible for clean-up and disposal of project related trash to maintain a clean, litter-free site. 5. Trash Receptacle. The ApplicanbProperty owner shall PL Prior to provide at least one trash receptacle within the outdoor seating issuance of area and shall be responsible for maintaining the premises in a Building safe, clean and litter-free conditions at all times. The Permits Applicant shall be responsible for cleaning up and disposing of the restaurant generated trash and litter on-site and off-site within the neighborhood. 6. Accessory Structures. The use of any detached accessory PL Prior to structures, such as storage sheds or trailer/container units, used issuance of for storage or for any other purpose, shall not be allowed on Building the site at any time. Outdoor vehicle parking and/or storage, Permits including the storage of materials or equipment of any kind is prohibited. All activities associated with this business (with the exception of the outdoor seating area) shall be conducted N CONDITION TEXT RESPON. WHEN HOW IS O AGENCY/ REQ•' CONDITIO DEPART. SATISFIED inside of the building. 7. Controlling Activities. Popeyes shall control all activities on PO, PL Ongoing the project site so as not to create a nuisance to the existing or surrounding businesses and residences. 8. Fees. Developer/Property Owner shall pay all applicable fees Various Various in effect at the time of building permit issuance, including, but times, but not limited to, Planning fees, Building fees, Dublin San Ramon no later Services District fees, Public Facilities fees, Dublin Unified than School District School Impact fees, Alameda County Fire issuance of Building Services fees, Alameda County Flood and Water Conservation permits District (Zone 7) Drainage and Water Connection fees; or any other fee that may be adopted. Fees are subject to change without notice. Un-issued building permits subsequent to new or revised fees shall be subject to recalculation and assessment of the share of the new or revised fees. 9. Requirements and Standard Conditions. The Various Prior to Developer/Property Owner shall comply with applicable issuance of Alameda County Fire, Dublin Public Works Department, Building Dublin Building Department, Dublin Police Service, Alameda Permits County Flood Control District Zone 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Department of Health Services requirements and standard conditions. Prior to issuance of building permits or the installation of any improvements related to this project, the Developer shall supply written statements from each such agency or department to the Planning Department, indicating that all applicable conditions required have been or will be met. 10. Standard Public Works Conditions of Approval. PW Approval of Developer/Property Owner shall comply with all applicable Improveme City of Dublin Standard Public Works Conditions of nt Plans Approval, Attachment A (obtain from Planning Department). through completion In the event of a conflict between the Standard Public Works Conditions of Approval and these Conditions, these conditions shall prevail. 11. Required Permits. Developer/Property Owner shall obtain all PW Various necessary permits required by other agencies (e.g., Alameda times, but County Flood Control District Zone 7, Alameda County no later Health Agency (if necessary), State Water Quality Control than Board, etc. and shall submit co res of the ermits to the ~ p p issuance of Building Department of Public Works. Permits 4 N CONDITION TEXT RESPON. WHEN HOW IS O AGENCY/ REQ•' CONDITIO DEPART. SATISFIED 12. Building Permits, Codes and Ordinances. The B Through Developer/Property Owner shall obtain all necessazy permits completion from the Dublin Building Department. All project construction shall conform to all building codes and ordinances in effect at the time of building permit issuance. 13. Fire Codes and Ordinances. All project construction shall B Through conform to all fire codes and ordinances in effect at the time of completion building permit issuance. 14. Removal of Obstructions. Developer/Property Owner shall PW Prior to remove all trees including major root systems and other Issuance of obstructions from building sites that aze necessary for public Occupancy improvements or for public safety as directed by the soils Permits engineer and Director of Public Works. 15. Building Permit Application. To apply for building permits, B Prior to the Developer/Property Owner shall submit twelve (12) sets of issuance of construction plans together with final site plan and landscape Building plans to the Building Department for plan check. Each set of Permits plans shall have attached a copy of these conditions of approval with the "How is Condition Satisfied?" column filled out. The column shall clearly indicate how all conditions of approval will be, or have been complied with. Construction plans will not be accepted without the annotated conditions attached to each set of plans. The Developer/Property Owner will be responsible for obtaining the approvals of all participating non-City agencies prior to the issuance of building permits. 16. Public Works Conditions of Approval. In submitting PW Prior to subsequent plans for review and approval, Developer/Property issuance of Owner shall submit six (6) sets of plans to the Public Works Building Department for plan check. Each set of plans shall have Permits attached a copy of these Conditions of Approval with responses to conditions filled in indicating where on the plans and/or how the condition is satisfied. A copy of the Standazd Public Works Conditions of Approval shall also be submitted which has been mazked up to indicate where on the plans and/or how the condition is satisfied. The notations shall clearly indicate how all Conditions of Approval and Standard Public Works Conditions of Approval will be complied with. Improvement plans will not be accepted without the annotated conditions and standards attached to each set of plans. Developer/Property Owner will be responsible for obtaining ncies. non-City ag e the approvals of all participating ti4 yM ^ ~ @ .:. LiI lli~l?~ ': ~:: : ~ ... ....: ...... e ,. ~ ' ,..,.a:.:m ~ N CONDITION TEXT RESPON. WHEN HOW IS O AGENCY/ REQ•? CONDITIO DEPART. SATISFIED 17. Hours of operation. Hours of operation for the drive-through PL Ongoing restaurant shall be from 6:00 a.m. to 10:00 p.m., Monday through Friday; and until 12:00 p.m. on Saturdays and Sundays. 18. Noise/Nuisances. Popeyes shall control all project related PL, PO ongoing activities on the site so as not to create a nuisance to the existing or surrounding businesses or uses. With the exception of the drive-through and outdoor seating facility, all demonstrations, displays, services, and other activities shall be conducted entirely within the structure on site. Loudspeakers utilized for the drive-through window service shall observe a noise level which reflects the minimal functional volume. No other loudspeakers or amplified music shall be permitted to project or be placed outside of the building. 19. Maintenance. Popeyes shall be responsible for cleaning up PL Ongoing and disposing of restaurant generated trash and litter on-site and off-site within the neighborhood. ,. ~,.. 20. Above-ground Utility Screening. All above-ground utilities PW, PL Approval of that cannot be placed underground (i.e. backflow prevention Improveme devices, electrical transformers) shall be screened using nt Plans landscaping or an architectural feature acceptable to the Director of Community Development Director and Public Works. 21. Roof equipment screening. All roof equipment shall be PL Prior to completely screened from view by a pazapet. Equipment not issuance of screened by a parapet shall be screened by materials Building architecturally compatible with the building, as approved by Permits the Community Development Director. 22. Trash Enclosures. A trash bin enclosure shall be 10 feet by PL, B, Prior to 12 feet in size for a single bin and 10 feet by 18 feet in size for LDD issuance of two bins. Bins shall not be lazger than 4 yards in capacity. A Building 10 foot deep concrete apron shall be installed in front of the Permits entire width of the enclosure. The enclosure shall have a 6 inch by 6 inch curb on the inside of the enclosure wall to protect the walls of the enclosure from the bins. The enclosure shall be built of concrete block or equivalent and shall have metal doors. Chain link doors are not permitted. The doors must be designed so that they can be locked closed and can also be held open with pin locks during loading. Trash bin enclosures shall be finished so that they are architecturally compatible with the related main structure. Trash bin 6 N CONDITION TEXT RESPON. WHEN HOW IS O AGENCY/ REQ•' CONDITIO DEPART. SATISFIED enclosures shall be properly maintained and free of graffiti. All trash bins used for this site shall be maintained within the trash bin enclosure(s) at all times. The container shall be covered and shall meet the requirements of the County Health Code, the Dublin San Ramon Services District and the National Pollution Discharge Elimination System. 23. Disabled Access. The site design shall include a pedestrian PW Approval of walkway from the building's front or primary entrance to the F~ movement public sidewalk on Regional Street in conformance with the accessible route requirements of the California Building Code. Disable access ramps shall be provided within the site and as required along the accessible route. All disabled access ramps shall comply with current California Building Code requirements and City of Dublin standards. 24. Parking. All parking shall conform to the plans shown on PL Prior to Attachment 1. The rear parking stalls (except those located Issuance of along the rear, western property line), shall be lengthened by 1 Building foot. Public parking spaces shall be double-striped with 4-inch Permits wide stripes set approximately 2 feet apart as shown on the "Typical Parking Striping Detail" available in the Planning Department. Disabled accessible, visitor, employee and compact parking spaces shall be appropriately identified on the pavement and designated on the parking plan. The Developer/Property Owner shall provide a minimum one foot wide raised curb or equivalent on landscape fingers and islands adjacent to parking stalls. L ,... } ~~-~i~~tar", i , ~ _~: ,. .. 25. ,........ ..._ .. ,........, ,,:.... Awnings. All building awnings shall be continuously PL On oin B B maintained. The awnings shall be replaced with similar material and color every eight (8) years or as required by the Community Development Director (or his/her designee), if it is determined that the fabric has faded and/or discolored and/or is maintained in an unattractive manner. .. ...... .:. rJ .......~~ .: '' ..:..... _ ~ ....,.. .u 26. Site Clean-up. The site shall be cleaned of all dirt, trash, PW Issuance of leaves, weeds, and other debris. The Applicant shall also clean Occupancy all on-site storm drain inlets and pipes to prevent debris from Permits discharging into the public storm drain system. 27. Repair and Resurfacing of Parking Lot. The PW Issuance of Developer/Property Owner shall repair all damaged parking lot Occupancy pavement and hardsurfacing to the satisfaction of the Public Permits Works Director. Upon completion of all repairs, the entire parking lot pavement shall be sealed using an asphaltic N CONDITION TEXT RESPON. WHEN HOW IS O AGENCY/ REQ•' CONDITIO DEPART. SATISFIED emulsion (fog seal) or other approved asphalt concrete sealant. 28. Water Quality Requirements. All development shall meet PW Issuance of the water quality requirements of the City of Dublin's NPDES Grading permit and the Alameda County Urban Runoff Clean Water Permit Program. The plans must include a separate Erosion and Sediment Control plan to be implemented during the rainy season (October 1 s` to April 15"'). Said plan shall conform to the latest standazds of the Regional Water Quality Control Board. The site design shall also include some type of permanent filtration system for all storm drain inlets within the paved areas to prevent hydrocarbons and other petroleum- based contaminants from entering the public storm drain system. Installation details shall be included on the plans. In addition, all storm water inlets shall be stenciled "No Dumping -Flows to Bay" using a standazd stencil available from the Alameda County Urban Runoff Clean Water Program, located at 951 Turner Court, Haywazd, California. 29. Improvements within Existing Easements. The PW Approval of Developer/Property Owner shall investigate any existing [mproveme easements that may exist across the site. A Preliminary Title nt Plans Report shall be submitted to indicate the locations of any recorded easements affecting the property. Before plans for improvements within any existing easements will be approved by the Public Works Director, the Developer/Property Owner shall obtain written permission from the easement owner, and shall submit said written permission to the Public Works Department. 30. Replacement of Damaged Public Improvements. The PW Issuance of Developer/Property Owner shall replace all damaged occupancy improvements along the property frontage, within the public Permit right-of--way, including the curb, gutter, sidewalk, driveway, paving (to street centerline), and utilities as required by the Public Works Director. All work shall be performed in accordance with the City's standards, and may only be performed after the City of Dublin issues an Encroachment Permit. ~~.. .. _, 31. Access to Adjoining Property. The Developer/Property Owner shall submit a Preliminary Title Report to verify whether an access easement or similar agreement was recorded to reserve access rights to the adjoining property to the west, identified as the See's Candy parcel (APN 941-305-34). Before closing off the opening at the west end of the parking lot, the Applicant must provide said verification. If no N p CONDITION TEXT RESPON. AGENCY/ DEPART. WHEN REQ•' HOW IS CONDITIO SATISFIED easement or agreement exists, then the Applicant may construct a fence or other barrier to temporarily close-off access. If an easement or agreement does exist, then the Applicant shall construct a temporary fence with locking gate accessible only to emergency vehicles and to the adjoining property owner. Some type of barrier must be installed to discourage loitering on the adjoining vacant pazcel. If the adjoining property develops in the future, the City would like to assure a pazking lot connection between the Applicant's parcel and the adjoining property. If no easement currently exists, the Developer/Property Owner and the adjoining property owner shall provide reciprocal recorded cross access easements for vehicle ingress and egress through the project site parking lot and across the adjoining pazcel. The alignment of the cross vehicle access easement on the Applicant's parcel shall be subject to the review and approval of the Public Works Director. The easement language shall be subject to review by the City Attorney prior to recordation. Said easement must be recorded prior to occupancy. The alignment of the cross vehicle access easement on the adjoining parcel will be subject to review and approval by the City at such a time that a Site Development Review application on that property is submitted for review. 32. Signing and Striping Plan. A signage and striping plan for PW Approval of the parking lot shall be submitted to the Public Works Improvemen Department for review and approval. Said plan shall include t Plans dimensions of all drive aisles and pazking stalls in conformance with current City standards, along with detailed descriptions of all signs to be installed. All striping shall be new at the time of occupancy. ... ...r ~~. .. .. ... ... i... ........ . ..u: ...... .~ ..... ~. ! :.. n 33. Records show that there aze no wells located on the project Zone 7 Prior to parcel. However, if wells exist on the site, they should be Issuance of recorded at Alameda County Flood Control and Water Building Permits Conservation District, Zone 7. In addition, any planned new well or well destruction must be permitted by Zone 7 before starting the well work. i. ,,, , ,~. ... „.: 34. Lighting Plan. The Developer/Property Owner shall prepaze a PW, PL, Prior to Lighting Plan and Isochart (Photometrics) to the satisfaction of PO issuance of Police Services, the Director of Public Works and Director of Building Community Development. Exterior lighting shall be provided Permits 9 N CONDITION TEXT RESPON. WHEN HOW IS O AGENCY/ REQ•' CONDITIO DEPART. SATISFIED within the parking lot, around the entire perimeter of the building, and over exterior doors, and shall be of a design and placement so as not to cause glare onto adjoining properties, businesses or to vehicular traffic. Lighting used after daylight hours shall be adequate to provide for security needs (1 foot candle). Wall lighting around the perimeters of the building should be supplied to provide "wash" security lighting as appropriate. .... .... 35. City of Dublin Non-Residential Security Requirements. All PO, B Prior to security hazdwaze for Popeyes must comply with the City of issuance of Dublin Non-Residential Security Requirements (obtained from Building the Planning Department). Existing security hardware shall be Permits/ ncy upgraded with new standards. PermPs 36. Security Hardware. If feasible, doors to exterior storage PO Prior to azeas and water heaters shall be secured with a one inch Issuance of deadbolt lock and high security strike plate with a minimum of Building two, 3" screws. Permits 37. Robbery, Burglary, Theft Prevention and Security PO Ongoing Program. The Developer/Property Owner shall work with Dublin Police Services on an ongoing basis to establish an effective robbery, burglary, theft prevention and security program for the business. 38. Graffiti. The Developer/Propetty Owner shall, at all times, keep PO, PL Ongoing the site and building cleaz of graffiti vandalism on a regular and continuous basis. Graffiti resistant materials (e.g., paints for the structures and film for windows or glass) and foliage should be used. Landscaping of the trash enclosure walls with the use of vines is encouraged to discourage graffiti. 39. Landscaping. Exterior landscaping shall be kept to a minimal PO, PL Ongoing height and fullness giving patrol officers and the general public surveillance capabilities of the area. F~:~ ....... ...., ......'. .. ...... -:. ,. 40. ACFD Rules, Regulations and Standards. F Prior to Developer/Property Owner shall comply with all Alameda Issuance of County Fire Services (ACFD) rules, regulations and standards, Building including minimum standards for emergency access roads and Permits payment of all applicable fees, including a City of Dublin Fire Impact Fees. 41. Occupant Load. Developer/Property Owner shall submit F, B With proposed occupant load, including calculations with building Building permit plans. Permit Plans 10 N CONDITION TEXT RESPON. WHEN HOW IS p AGENCY/ REQ•' CONDITIO DEPART. SATISFIED 42. Furniture/Equipment Layout. Developer/Property Owner F with shall submit furniture and equipment layout showing adequate Building aisles to exit. Permit Plans 43. Knox Lock. A Knox key lock system is required. Applications F Prior to are available at the Alameda County Fire Department, Fire Issuance of Prevention Division, 100 Civic Plaza, CA 94568. Completed Building or Occupancy application shall be returned with the building plans when permits applicant submits for a permit or prior to final inspection for occupancy. 44. Cooking Equipment. All commercial type cooking equipment F Prior to shall be protected by an approved automatic fire extinguishing Issuance of system (hood and duct). Plans for the required hood and duct Building Permits extinguishing system must be submitted to the Fire Department for review and approval prior to installation. A separate plan review fee will be collected upon review of these plans. 45. Portable Fire Extinguishers. The Developer/Property Owner F Prior to shall provide at least one portable fire extinguisher with a Final classification of not less than 40B for the kitchen area. The occupancy extinguishers shall be located near cooking equipment. The Developer/Property Owner shall also provide at least one 2A l OBC portable fire extinguisher for each 3,000 square foot of floor area. Travel distance to an extinguisher shall not exceed 75 feet of travel distance and shall not be between floors. 46. Signage. Signage is required for Fire Sprinkler Riser, Fire F Prior to Alarm Room/Panel, Electric Room/Panel, Roof Access and any Final location that may require access during an emergency. Occupancy 47. Building Address. Approved numbers or addresses shall be F Prior to placed on all new and existing buildings. The address shall be Final positioned as to be plainly visible and legible from the street or occupancy road fronting the property. Said numbers shall contrast with their background. If rear doors to tenant spaces or buildings are installed, they shall include the numerical address corresponding to the address on the front of the building. 48. Assembly Occupancy. If the occupant load for the restaurant is F Prior to 50 or more persons, the project will be reviewed as an Assembly Issuance of Occupancy and conditions of approval #s 1-5, 8, 14-15, and 17 Building Permit of the Alameda County Fire Department memo to Planning Staff all be applicable. s h dated December 1, 1999 , ~ y q ~y ..., ~:: : n 49. _ . . .. .. _ .:::gy Construction by Developer/Property Owner. The DSR, PW Completion Developer/Property Owner shall construct all project potable of and recycled water, and wastewater pipelines and facilities in Improvemen is 11 N CONDITION TEXT RESPON. WHEN HOW IS O AGENCY/ REQ•' CONDITIO DEPART. SATISFIED accordance with all DSRSD master plans, standards, specifications and requirements. ,. 50. Construction Trash/Debris. Measures shall be taken to PW Construction contain all construction related trash, debris, and materials on- site until disposal of-site can be arranged. The Developer/Property Owner shall keep the adjoining public streets and properties free and clean of project dirt, mud, and materials during the construction period. All costs associated with the City's efforts to mitigate a hazard as a result of the Developer/Property Owner's failure to comply shall be borne by the Developer/Property Owner. 51. Temporary Construction Fencing. The use of any temporary PW, B Construction construction fencing shall be subject to the review and approval of the Public Works Director and the Building Official. ,..: ,... 52. Final Landscape and Irrigation Plan. A Final Landscape PL, PW Prior to and Irrigation Plan prepazed and stamped by a State licensed issuance of landscape architect or registered engineer, generally consistent Building Permits with the preliminary landscape plan by Rose Associates, dated received January 5, 2000 (see Attachment 1), along with a cost estimate of the work and materials proposed, shall be submitted for review and approval by the Community Development Director. Landscape and irrigation plans shall provide for a recycled water system. 53. Landscaping adjacent to Public Right-of--Way. New Trees PL, PW Completion planted within 5' of the public sidewalk shall have root shields of installed at the back of the sidewalk per the manufacturer's Improvemen recommendations to prevent potential root damage from the is tree growth. 54. Existing Landscaping adjacent to Parking Lot Lights. The PW Completion existing trees and other landscaping adjacent to pazking lot of light fixtures shall be pruned such that the light from each ]mprovemen fixture is not obscured. is 55. Landscaping at Aisle Intersections. Landscaping at aisle PL, PW completion intersections and at the driveway entrances shall be such that of vehicle sight distance as defined by the City of Dublin improvemen standards is not obstructed. Except for canopy trees, landscaping shall not grow to a height in excess of 30 inches above the curb in these areas. 56. Parking Lot Medians/Islands. All parking lot PL, PW Prior to medians/islands shall be landscaped and the landscaping shall issuance of Building 12 N CONDITION TEXT RESPON. WHEN HOW IS O AGENCY/ ~Q•' CONDITIO DEPART. SATISFIED be set back at least two (2) feet from the edge of the parking Permits stalls so that vehicles do not impact the landscaping. 57. Standard Plant Material, Irrigation and Maintenance PL Prior to Agreement. The Developer/Property Owner shall complete issuance of and submit to the Dublin Planning Department the Standazd Building Permits Plant Material, Irrigation and Maintenance Agreement. 58. Fire-Resistant and/or Drought Tolerant Plant Varieties. PL, PW Approval of Final landscaping and irrigation plans shall include fire- Imp. Plans/ resistant and/or drought tolerant plant vazieties in the plant Issuance of Building palette. Permits 59. Landscape Borders. All landscaped areas shall be bordered PL Prior to by a concrete curb that is at least 6 inches high and 6 inches issuance of wide. Curbs adjacent to parking spaces must be 12 inches Building Permits wide. All landscaped areas shall be a minimum of 6 feet in width (curb to curb). Concrete mow strips at least 6 inches deep and 4 inches wide shall be required to separate turf areas from shrub areas. 60. Maintenance of Landscape. All landscape azeas on the site PL ongoing shall be enhanced and properly maintained at all times. Any proposed or modified landscaping to the site, including the removal or replacement of trees, shall require prior review and written approval from the Community Development Director. 61. Water Efficient Landscaping Ordinance. The PL, PW Prior to Developer/Property Owner shall submit written documentation issuance of to the Public Works Department (in the form of a Landscape Building Permits Documentation Package and other required documents) that the development conforms to the City's Water Efficient Landscaping Ordinance, No. 18-92. 62. Conflicts with Proposed Landscape Features. The final PL, PW Approval of landscape and irrigation plans shall show locations of all Imp. Plans/ pedestrian lighting, utilities, drainage ditches, and underdrains Issuance of Building at bottom of slopes. Plans shall address tree planting within Permits public service easements to avoid conflicts with utilities and streetlights. 63. Bicycle Parking. The Developer/Property Owner shall install PL, PW Completion one bike rack designed to hold up to four bicycles. The of location of the bike rack shall not encroach into any walkway Improvemen area in a manner that would reduce the useable width of the is walkway to less than 4'. The rack shall be located in a place with good visibility from both inside and outside of the restaurant, and in an azea which will be well lighted to discourage theft. 13 N CONDITION TEXT RESPON. WHEN HOW IS p AGENCY/ REQ•' CONDITIO DEPART. SATISFIED 64. Site Development Review Approval. This Site Development PL Prior to Review approval is for two freestanding signs (business Issuance of identification sign and drive-through menu board sign) and Building Permits three (3) internally illuminated wall-mounted signs located on the northern, southern and eastern building elevations. The design, color, location and illumination of these wall-mounted and freestanding signs shall be as shown on the approved building elevations and sign plans, labeled Attachment 1. Signage details shall generally comply with the following conditions and restrictions: Wall-Mounted Signs (north, south and east elevations): Maximum Sign Area: 66.5 squaze feet Maximum Sign Height: 4.78 feet Maximum Sign Length: 13.9 feet Freestanding Business Identification Sign: Maximum Sign Height: 5 feet Maximum Sign Length: 6 feet Total Sign Copy Area: 10 squaze feet Setback From front Property Line: 3 feet Freestanding Drive-Through Menu Board Sign: Maximum Sign Height: 5.2 feet Maximum Sign Length: 6.8 feet Total Sign Copy Area: 26.52 squaze feet Setback from side Property Line: 17 feet 65. Wall Mounted Signs. Attached wall-mounted signs shall be PL Prior to pazallel with the building face, as shown on the elevation plans Issuance of labeled Attachment 1. No signs shall be placed or installed on Building Permits the awning structures. 66. Maintenance. All freestanding and wall-mounted signs shall PL ongoing bewell-maintained in an attractive manner and in accordance with the approved plans. Any indirect light fixtures used to illuminate any Signage shall be glaze-shielded. 67. Freestanding Signs. Design of any freestanding signs shall be PL, PW Completion approved by the Director of Community Development to °t assure compatibility with design elements of the project, and Improvemen by the Public Works Director to assure unobstructed traffic is visibility. 68. Landscape Planter. All freestanding signs shall be located PL Prior to within landscaped planter areas. Prior to final inspection by Issuance of Building 14 N CONDITION TEXT RESPON. WHEN HOW IS p AGENCY/ REQ•' CONDITIO DEPART. SATISFIED the building inspector, all landscaping and any required Permits irrigation shall be installed for said planters. 69. Business Changes. If the tenant or tenant signs change, all PL Ongoing mounting holes from previous tenant signs shall be repaired and walls repainted prior to mounting the new signs. If the use or tenant space ceases to operate for ninety (90) days, the tenant signs shall be removed and mounting holes and wall shall be repaired and repainted. 70. Temporary and Promotional Signage. The use of PL Ongoing Temporary and Promotional Signs (i.e. banners, pennants, flags, balloons, seazchlights and similar advertising devises) for special business advertising and/or promotional use shall comply with the provisions established in the sign regulations of the Zoning Ordinance. .~t#' '; ' 71. Health, Design and Safety Standards. Prior to final approval PL, PW occupancy allowing occupancy of the building, the physical condition of of Building the site shall meet minimum health, design, and safety standazds including, but not limited to the following: a. The drive aisles and pazking stalls shall be complete and PL, PW Occupancy free of building materials, dirt, and/or debris to allow for of Building safe traffic movements. b. All traffic striping and control signing in the pazking lot PW Occupancy shall be in place. ofsuilding c. All parking lot lights shall be energized and functional. PW Occupancy of Building d. Any required repairs to the street, curb, gutter, and/or PW occupancy sidewalk that may create a hazazd shall be completed to of Building the satisfaction of the Public Works Director. e. All sewer clean-outs, water meter boxes, and other P W Occupancy utility boxes shall be set to grade, and appropriate ofsuilding covers shall be installed. £ The building shall have Building Department final PW, B occupancy approval for occupancy. of Building ._ m , ... 72. Energy Conservation Building plans shall demonstrate the PL, PW Issuance of incorporation of energy conservation measures into the design, Building construction, and operation of the proposed development. Permits PASSED, APPROVED AND ADOPTED this 11`" day of January, 2000. AYES: 15 NOES: ABSENT: ABSTAIN: ATTEST: Community Development Director g:\pa99-057\CUP SDR Reso 16 Chairperson