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HomeMy WebLinkAboutReso 172-99 SDR ApplebeeRESOLUTION NO. 172 - 99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING PA 99-031, APPLEBEE'S SITE DEVELOPMENT REVIEW, A PORTION OF THE HACIENDA CROSSINGS COMMERCIAL CENTER WHEREAS, Apple-Bay East, INC., has requested approval of a Site Development Review application for a restaurant on Parcel Number 2 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 project is a component of a larger project ("the Santa Rita Commercial Center Project"), which also includes a rezoning and a Development Agreement that the City previously approved on January 31, 1995. The Santa Rita Commercial Center Project, in mm, was within the scope of the · Eastern Dublin Specific Plan and General Plan Amendment, for which a Program EIR was previously certified (SCH No. 91103064). A Mitigated Negative Declaration (SCH 94113020) already has been approved for the Santa Rita Commercial Center Project which, together with the Program EYR, adequately describes this project for the purposes of CEQA. Since the Mitigated Negative Declaration was adopted, the City has identified no changes in the Santa Rita Commercial Center Project or in the circumstances under which the Santa Rita Commercial Center Project is to be undertaken or any other new information which requires revisions to the Mitigated Negative Declaration or to the Program Eli[; 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 and WHEREAS, the City Council held a public meeting on said application on September 21, 1999; 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 staff report was submitted recommending the City Council approve the Site Development Review application subject to'Conditions of ApproVal prepared by Staf~ and WHEREAS, the City Council did hear and use their independent judgment and considered all said reports, recommendations and testimony herein above set forth. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby find that: A. The approval of this application (PA 99-031) 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. 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. Do The approval of this application, as conditioned, is in conformance with the Mitigation Monitoring Program for the Santa Rita Commercial Center Project Mitigated Negative Declaration. The approval of this application, as conditioned, is in conformance with regional transportation and grOwth management plans. 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. 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. 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. Modifying the color and material of the awnings would enhance the compatibly of-the proposed structure with the existing shopping center. 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 99-031 Site Development Review for Applebee's, a portion of the Hacienda Crossings Commercial Center, as generally depicted by materials labeled Attachment 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, except as modified herein and 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, [B] Building, [PO] Police, [PW] Public Works, [ADM] Administration/City Attorney, [FIN] Finance, [F] Alameda County Fire Department, [DSR] Dublin San Rarnon Services District, [CO] Alameda County Department of Environmental Health, [Z7] Zone Seven. 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 99-031 Applebee's Site Development Review is approved for the construction of 5,500 sq.ft, restaurant at Hacienda Crossing Commercial Center. This approval shall generally conform to the plans labeled Attachment 1, consisting of 6 sheets, prepared by Raushenbach, Marvelli, and Becker Architects, and a color and matedal board dated received by the Planning Department on August, 4, 1999, 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 Tri-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 NO CONDITION T F___..XT RESPO WHEN MATRIX RESPONSES N REQ. INDEX TO AGENCY CONDITIONS (for applicant) 3. The applicant shall revise the awning PL BLDG material and utilize a canvas type awning, subject to review and approval by the Director of Community Development. 4. The applicant shall revise the awning color PL BLDG to match the building colors, subject to review and approval by the Director of Community Development. 5, Prior to finalizing the building color, the PL Final applicant shall apply the color, on either the building or a large sample that is similar in material, with the proposed color, subject to review and approval by the Director of Community Development. 6. 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 project site. 7. 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. 8. 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. 9. 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 Secudty Requirements. In the event of conflict between any of these conditions and the attached conditions, these Conditions shall prevail. (Attachment 4 to the Staff Report). NO coNDITION TEXT RESPO WHEN MATRIX RESPONSES N REQ. INDEX TO AGENCY CONDITIONS (for applicant) 10. Approval of this Site Development Review PL Ongoing shall be valid for one year, until September 21, 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 written request for the extension prior 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. 11. 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. 12. 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 District fees, Public Facilities fees, Dublin Unified School District 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. ... NO' CONDITION TEXT RESPO WHEN '"MATRIX RESPONSES N REQ. INDEX TO AGENCY CONDITIONS (for applicant) 13. The Developer shall complywith applicable F,'Public Ongoin~l 8, 18, Alameda County Fire Department, Public Works 20, 120, Works Department, Dublin Police Service, Director 122, Alameda County Flood Control District Zone Lee 138, 7 and Dublin San Ramon Services District Thompso 155 requirements and/or permits or as n, PO, determined based on specific characteristics Z7, DSR, of the restaurant. Prior to the issuance of PL building permits applicant shall provide documentation that all such requirements have been met. SIGNAGE 14. The applicant shall submit a revised detailed PL Final sign plan which is in accordance with the Hacienda Crossings approved Master Sign' Program. UTILITIES 15. 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. 16. 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. 17. 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. 18. Developer shall install fire resistant covers PL, PW OCC at all trash enclosures and shall construct 10 foot concrete pads in the pick-up areas. 19. 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. 20. Building plans shall include water efficient B BLDG 125' fixtures to City standards. 21. The developer shall construct all Public BLDG underground utilities to the project building Works in accordance with the governing agencies Director and the City Department of Public Works. Lee Thompso n 6 NO CONDITION TEXT RESPO WHEN MATRIX RESPONSES N REQ. INDEX TO AGENCY CONDITIONS . (for applicant) PARKING 22. 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. 23. Drive 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. 24. 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 Striping Detail" available in the Planning Department. Handicapped, visitor, employee and compact parking spaces shall be appropriately identified on the pavement and designated on the parking plan. 25. Bicycle parking shall be provided near the PL, PW BLDG building entries. TRASH 26. 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. 27. Trash enclosure doors shall be of a solid PL BLDG (not see through) material and painted to match the adjacent walls. .. '28. Service areas shall be properly maintained. PL Ongoing All trash cans must be stored inside the service yard at all times. 29. Trash areas shall comply with NPDES PW BLDG requirements relating to wet garbage. This may include special design specifications. 7 NO CONDITION TEXT RESPO WHEN MATRIX RESPONSES N REQ. INDEX TO AGENCY CONDITIONS (for applicant) ARCHITECTURE 30. 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 rights 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. 31. 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: 32. All masonry walls, including screen walls PL, B BLDG shall have masonry caps instead of metal. PUBLIC WORKS: 33. Applicant/Developer shall cooperate with the PW OCC 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. 34. Applicant/Developershall provide bus PW OCC PW passes for employees per the Santa Rita Commercial Center PD Rezone and the LAVTA agreement. 35. ADA Requirements/Handicap Ramps. All PW OCC handicap ramps shall comply with all current State ADA requirements and City of Dublin Standards. NO CONDITION TEXT RESPO WHEN MATRIX RESPONSES N REQ. INDEX TO AGENCY CONDITIONS (for applicaqt) 36. Detailed dimensioned improvement plans PW IMPR0, (including grading, utility and erosion- BLDG control) will be required to be approved by the Director of Public Works prior to issuance of grading and building permits. 37. 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 .... 38. 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 prior 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. 39. 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 during construction. 40. Analysis of the on-site storm drainage shall PW GRAD evaluate a 100 year storm event in order to establish minimum floor elevations. PUBLIC SAFETY 41. A final pedestrian circulation plan shall be PL, PW BLDG I submitted for approval when the site plan for the Center has been finalized. 42. Construction of the project shall be PL BLDG conducted in such a manner as to prevent potential conflicts with pedestrian and vehicular traffic. NO CONDITION TEXT ' RESPO WHEN MATRIX RESPONSES N REQ. INDEX TO AGENCY CONDITIONS (for applicant) 43. Fire Conditions. Develope'r shall 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 and subsequently dedicated as an EVAE. (c) Emergency Vehicle Access roadways shall be designed and installed to support 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 Knox Box key lock system is required for the building. (h) Provide occupant load calculations. (i) Signage is required for fire sprinkler riser, electrical panel/room roof access and any other area that may be required , to be accessed during an emergency. (j) All drapes, drops, curtains and all other decorative material must be either noncombustible or treated to make them flame retardant. (k) A Fire Department permit is required. 10 NO CONDITION TEXT RESPO wHEN MATRIX RESPONSES N REQ. INDEX TO AGENCY CONDITIONS (for applicant) 44. During 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 equivalent. 45. 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. 46. The applicant shall work with the Dublin PO, PL BLDG Police Department on an ongoing basis to establish an effective theft prevention and secudty program. The restaurant shall comply with any secudty plan developed for the Hacienda Crossings Commercial Center. 47. 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 fr°m notice by the City of the problem. 48. 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 review and 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. 49. Employee exit doors shall be equipped with 180 degree viewers if there is not a burglary resistant window panel in the door. 11 NO coNDITION TF__XT RESPO WHEN MATRIX RESPONSES N REQ. INDEX TO AGENCY CONDITIONS (for applicant) 50. Exterior lighting ~hall 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 security 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 51. 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 Distdct for the site. Landscaping shall be chosen for its compatibility with recycled water. Landscape and irrigation plans shall provide for a recycled water system. 52. Prior to issuance of the Building Permit, the PW, PL BLDG Developer shall provide a minimum one 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 maneuvering. 53. 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. 12 NO CONDITION TEXT RESPO WHEN MATRIX RESPONSES N REQ. INDEX TO AGENCY CONDITIONS (for applicant) 54. The landscape plan shall be modified as PL BLDG follows: (1) curbs adjacent to parking spaces must be a minimum of 12" wide; (2) All landscaped areas shall be a minimum of 6 feet in width; (3) Star Jasmine is very sensitive to salts found in recycled water, revise plant material to conform with recycled water; (4) Plant evergreen shrubs in the parking lot planters that will attain a height of 30" to help view screen views of cars. A minimum of 50% of the planter shall be planted with these screening shrubs; and (5) Stella D'Oro.daylily's need to be revised to be utilized as an accent plant only. 55. All landscape median islands shall include PW IMPRO PW drains to capture and convey water away from the adjacent pavement subbase. 56. The Applicant shall complete and submit to -PL BLDG the Dublin Planning Department the Standard Plant Material, Irrigation and Maintenance Agreement. 57'. 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. 58. Landscaping shall be kept tdmmed to PO. Ongoing facilitate police surveillance and customer security. 59. DSRSD 60. Prior to issuance of any building permit, DSRSD Bldg. complete improvement plans shall be submitted to DSRSD that conform to the requirements of the Dublin San Ramon , Services District Code, the DSRSD "Standard procedures, Specifications and Drawings for Design and Installation of Water and Wastewater Facilities," all applicable DSRSD Master Plans and all DSRSD policies... 61. Prior to issuance of any building permit, all DSRSD BLDG utility connection fees, plan checking fees, inspection fees, permit fees and fees associated with a wastewater discharge permit shall be paid to DSRSD in accordance with the rates and schedules established in the DSRSD code. 13 NO CONDITION TEXT REsPo WHEN MATRIX RESPONSES N REQ. INDEX TO AGENCY CONDITIONS (for applicant) 62. No sewerline orwatedine construction shall DSRSD BLDG be permitted unless the proper utility construction permit has been issued by DSRSD. A construction permit will only be issued after all of the items in the condition above have been satisfied. 63. .The applicant shall hold DSRSD, its Board DSRSD Ongoing of Directors, commissions, employees, and agents of DSRSD harmless and indemnify and defend the same from any litigation, claims, or fines resulting from the construction and completion of the project. 64. MISCELLANEOUS: PW, B BLDG 65. The use of any temporary construction FIN OCC 4K fencing shall be made subject to the review and approval of the Public Works Director and the Building Official. 66. Prior to opening for business, Applebee's B, PL BLDG 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 I the required housing and employment monitoring system required by the EDSP. 67. To apply for building permits, the Applicant PW, B Ongoing 221 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 clearly indicate how all Conditions of Approval will be complied with. Construction plans will not be accepted without the annotated conditions attached to each set of plans. The Applicant will be responsible for obtaining the approvals of all participating non-City agencies pdor to the issuance of building permits. 68. Use of Herbicides or rodenticides should B, PW Ongoing only be used in consultation with review by a biologist to ensure sensitive species are not at dsk. 14 CONDITION TEXT Measures shall be taken to contain all construction debris, trash and materials on- site until disposal off-site can be arranged. The Applicant shall keep at streets and properties free project dirt, mud, and mate~ construction period. The Al responsible for corrective rr expense to the City of Dubl PASSED, APPROVED A] AYES: Councilmembers NOES: None ABSENT: None AB STAIN: None ATTES~.~,/,,,,~./~ ~.C~ clerk K2/G/9-21-99/reso-applebees.doc G:",PA9 g-065\ec'r~s Ijoining public ~nd clean of ials during the )plicant shall be easures at no n. RESPO N AGENCY WHEN REQ. MATRIX INDEX RESPONSES TO CONDITIONS (for applicant) qD ADOPTED this 21a day of September, 1999. t [oward, McCormick, Zika, Vice Mayor Lockhart and Mayor Houston " ~] Mayor 15