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HomeMy WebLinkAbout8.2 Albertsons SDR PA88-007CITY OF DU3LIN AGENDA STAT;MENT CITY COUNCIL MEETING DATE: June 27, 1988 SUBJECT PA 88-007 Albertson Site Development Review request to remodel an existing store, including a 6351+ square foot building addition and a new building mounted sign at 7333 Regional Street EXHIBITS ATTACHED Exhibit A: Draft Resolution approving PA 88-007, Albertson Site Development Review Request Background Attachments: 1. Site Plan 2. Preliminary Landscape Plan 3. Topographic and Boundary Survey 4. Elevations 5. Sign Elevations 6. Floor Plan 7. Final Action Letter for PA 82-013 dated April 5, 1983 with City Council Resolution No's 12-83 and 13-83 8. City Council Agenda Statement and Pre- Hearing Staff Analysis for the meeting of March 28, 1983 RECOMMENDATION 1. Receive Staff Presentation 2. Receive comments from Applicant and public 3. Deliberate C Y1 4. Adopt Resolution approving PA 88-007, V Albertsons Site Development Review request at 7333 Regional Street -or- Give Staff and Applicant direction and continue the matter. FINANCIAI. STATEMENT APPLICANT: PROPERTY OWNER ASSESSOR'S PARCEL NUMBER PARCEL SITE GENERAL PLAN DESIGNATION EXISTING ZONING AND LAND USE None Albertsons, Inc. c/o Craig Brown 250 Park Center Boulevard Boise, Idahc 83726 Irwin KallmE.n & Jeffrey Sandelman P. 0. Box 2( Boise, Idaho 83726 941-305-14- 2+ acres Commercial/Industrial - Retail Office C-1, Retail Business District/Commercial Shopping Center ------------------------------------------- ------------------------------------ ITEM NO. COPIES TO: Applicant Property Owner -1- SURROUNDING LAND USE AND ZONING North: C-1, Retail Business District Commercial Office Building South: C-1, Commercial Shopping Center East: C-1, Commercial Shopping Center West: C-1, Commercial Shopping Center Parking Lot SITE/ZONING HISTORY On December 3, 1969, the Alameda County Planning Department approved Tentative Map #3135 and Site Development 3eview, S-293, for the Dublin Plaza. The shopping center has nine lots, each of which has its own 3wner. Common rights of access are i provided for each parcel to allow cars to drive across parcel lines and share parking spaces. In January, 1971, the Board of Supervisors also granted Building Code variances to the developers of the center to allow 1) buildings to be closer to the property lines than was allowed by tie Building Code; 2) that these buildings could have openings in them (for doors and windows) that were closer to the property lines than allowed; and, 3) that covered i walkways could connect the buildings, where the Building Code required fire separations which would not have allowed connected walkways. On March 28, 1983, the Dublin City Council granted approval of the same Building Code variances mentioned above as well as a 105 space Parking Variance (PA 82-013). On August 31, 1983, Albertsons submitted a Site Development teview application to the City to construct additions to Albertsons. The request was never pursued and consequently abandoned by Albertsons. ENVIRONMENTAL REVIEW This project has been found to be Categorically Exempt from CEQA under Section 15301, Class l(e)(2) of tie California Environmental Quality Act Guidelines. I. BACKGROUND On March 28, 1983, the Dublin City Council conditionally approved the following items for Albertsons under Planning Application 82-013: A. A Building Code Variance to allow Albertsons to construct a 6750 square foot building addition (located on the north side of the building) and a 1458 square foot covered walkway addi:ion (located on the west side of the building). The Council found tha: because of separate ownerships of parcels in which this shopping center is located, variances to the following sections of the Alameda County Building Code were necessary for the proposed project: 1) Section 504, Table 5-A and Section 1103 - which prohibit openings in exterior walls which are less than 5 feet from the property lines and require walls which are less than 10 feet from property lines to be of one-hour fire-resistant construction. 2) Section 506(b) - which permits unlimited floor area if the building is surrounded by yards or street.i 60 feet wide and provided with an automatic fire extinguishing sys:em. 3) Section 509 - which permits arcades buildings, providing there were no the building except doors. or covered walkways connecting openings between the arcade and -2- Please see City Council Resolution No. 12-83 in Attachment 7. B. A 105 space Parking Variance. The City Council found that: 1) There are special circumstances including the site's configuration, lot line locations, and the location of the pedestrian arcade, and vehicular circulation patterns, which restrict the Albertsons' ability to expand in an economical manner, which is available to similarly zoned property, where additional parking spaces are available. 2) The granting of the variance will not be a special privilege which is inconsistent with the limitations upon other properties in the vicinity and zone, given that the other property owners within the Dublin Plaza Shopping Center agree with the granting of the variances, and that reciprocal parking arrangements cause Albertsons' parking to be viewed as part and parcel to that of the entire center. 3) The granting of the variance will not be detrimental to persons or property in the area or to the public welfare, since pedestrian and vehicular circulation patterns will allow safe travel through the center, and since fire protection is provided. Please see City Council Resolution No. 13-83 in Attachment 7. There were a number of conditions of approval accompanying both the above mentioned resolutions. Staff will address those later in this report. However, it should be mentioned that this issue is before the City Council because Condition of Approval #5 of Resolution 12-83 required that Albertsons submit a Site Development Review application to the City for review and action by the Council. On January 15, 1988, Albertsons submitted the Site Development Review application to the City. The request is for the construction of a 6351 square foot addition and a new building mounted sign. Staff has worked closely with the Applicant on this submittal for the past four months to make certain that all previously raised issues have been adequately addressed. Revised plans are included as attachments for your review. The matter is now before the Council for action. II. ANALYSIS The existing Albertsons contains approximately 22,271 square feet. After expansion it would contain 28,622 square feet. The total building expansion would be 6351 square feet (399 square feet less than the addition approved under PA 82-013). In compliance with the conditions of approval listed in City Council Resolution No. 12-83 relating to the Building Code Variance, the following analysis addresses how compliance is attained. The numbers below corresponded to the same numbers used for the Conditions of Approval in Resolution No. 12- 83. 1. A 35 foot clear yard has been maintained around the northerly side of the Albertsons' addition as required. 2. All buildings on parcels 941-305-14-2, -16 and -21 were provided with automatic fire sprinklers in the original construction. The new addition will also be required to be sprinkled. 3. The use of the buildings as they presently exist comply with this requirement. 4. According to the Building Official, an agreement relating to parcels 941-305-16 & 21 exists and runs with the land. A new agreement relating to parcel 941-305-14-2 will be required at the time of application for a Building Permit. -3- Site Development Review for this Application is being carried out. The City Council may take action on this ::equest as required by this condition of approval. In compliance with the conditions of approval listed in City Council Resolution No. 13-83 relating to the parking variance, the following addresses how compliance is attained. The numbers below correspond to the same numbers used for the conditions of approval of Resolution No. 13-83. 1. The Planning Department will require as a condition of approval of this project that written statements be filed with the City Planning Department that show that all of the ])roperty owners in the Dublin Plaza Center agree with the parking varianc,: and Building Code variance. 2. Albertsons has shown a trash enclosure of sufficient size and design to be located on the east side of the buLlding. Additional trees have been shown on the preliminary landscape plan. They will be installed in the existing landscape islands in the parking lot as well as in new tree wells in the parking lot and in new landscape planters around the building. 3. The addition is compatible with the design and materials of the existing building. It will be made of split face slump stone block to match the existing exterior walls with stucco f.)r architectural relief. All mechancial equipment will be screened with a new roof screen designed with a cement plaster covering. The Zew and existing roof screens will match one another. 4. A safe pedestrian walkway has been provided leading from Amador Valley Boulevard directly to the Albertsons' store. 5. Significant architectural enhancement has been incorporated into the project, including expansion of the canopy/trellis along the front of the new addition and around to its north face, to match the existing canopy; the north elevation of the addition will be treated with a 4 foot wide band of smooth faced painted block that aligns with the lower canopy; the upper 5 feet of the north and west walls will have a stucco over block treatment. Verticle relief is provided by including projecting slump stone columns. This all has been done to provide a more attractive elevation. A minimum 28 foot wide two-way driveway is maintained in front of the store. As a condition of approval of this project, Albertsons will be required to participate in a future parking study for the shopping center, should the City decide to conduct one. With respect to parking, 23 parking spaces will be removed by the building expansion. The expansion itself would normally require an additional 21 spaces. Seven additional spaces are proposed on the east side of the addition. This leaves the shopping center short 37 parking spaces (23 + 21-7 - 37) where a 105 space parking variance was granted. With respect to signing, Albertsons proposes to install a 4' x 24' internally illuminated facia sign just above the canopy on the west elevation. It is architecturally compatible and attractive and therefore should be approved with this application. III. RECOMMENDATION Because Albertsons has appropriately and adequately responded to all previously raised Conditions of Approval from City Council Resolution Nos. 12-83 and 13-83, Staff recommends that the Council adopt the attached Resolution approving the Site Development Review request for the proposed expansion. Should the Council decide that the improvements are inadequate, the Council should give direction to Staff and the Applicant and continue the item to a future meeting. -4- RESOLUTION NO. - 88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING PA 88-007, ALBERTSONS S::TE DEVELOPMENT REVIEW REQUEST TO REMODEL THE EXISTING ALBERTSONS STORE, INCLUDING A 6351+ SQUARE FOOT BUILDING ADDITION AND A NEW BUILDING MOUNTED SIGN AT 7333 REGIONAL STREET WHEREAS, Albertsons filed a Site Development Review application for the proposed 6351+ square foot expansion and remodeling of the existing 22,271 square foot Albertsons' grocery store (7333 Regional Street); and WHEREAS, as a part of City Council Resolution No. 21-83, the Council required that this Site Development Review application be for the proposed addition to Albertsons be brought to the City council for review and action; and WHEREAS, the City Council required that Albertsons comply with all Conditions of Approval established in City Council Resolution Nos. 12-83 and 13-83, when submitting for Site Development Review; and WHEREAS, this application has been reviewed in accordance with the provisions of the California Environmental Quality Act and has been found to be Categorically Exempt from under Section 15301, Class l(e) (2) of the CEQA guidelines; and WHEREAS, a Staff Report was submitted recommending Condition of Approval of the application; and WHEREAS, on June 27, 1988, the City Council considered all said reports, recommendations and testimony, as hereinabove set forth; NOW, THEREFORE, BE IT RES3LVED that the City Council of the City of Dublin does hereby find that: a) The use serve a public need in that it will expand the capacity of the City's retail and service commercial base allowing this addition. b) The use will be properly related to other land uses and transportation and service facilities in the vicinity in that activities will be commensurate with present use of properties in the neighborhood. c) The use, under all circumstances and conditions of this particular case, will not materially affect adversely the health or safety of persons residing or working in the vicinity, or be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, in that all applicable regulations will be met. d) The use will not be contrary to the specific intent clauses or performance standards established for the District in which it is to be located in that a retail grocery store is consistent with the character of the commercial district. e) All provisions of Section 8-95.0 through 8-95.8 Site Development Review, of the Zoning Ordinance are complied with. f) Consistent with Section 8-95.0, this project will promote orderly, attractive, and harmonious development, recognize environmental limitations on development; stabilize land values and investments; and promote the general welfare by preventing -1- FXqk" I RIT establishment of uses or erection of structures having qualities which would not meet the specific intent clauses or performance standards set forth in the Zoning Ordinance and which are not consistent with their environmental setting. g) The approval of the project as conditioned is in the best interest of the public health, safety and general welfare. h) General site considerations, including site layout, orientation, and the location of buildings, vehicular access, circulation and parking, setbacks, 'weight, public safety and similar elements have been designed to provide a desirable environment for the development. i) General architectural zonsiderations as modified by the Conditions of Approval, including the character, scale and quality of the design, the architectural relationship with the site and other buildings, building materials and colors, screening of exterior appurtenances, exterior lighting, and similar elements have been incorporated into the project in order to insure compatibility of this development with its design concept and the character of adjacent buildings and uses. BE IT FURTHER RESOLVED THAT THE City Council does hereby conditionally approve PA 88-007 as shown from the materials from the City Council Agenda Statement (and its exhibits and attachments) dated June 27, 1988 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 for the 6351+ square foot expansion and shall be subject to Planning Department review and approval. 1. The 6351 square foot addition and all other improvements applicable to the building and site shall conform with the revised plans submitted to and dated received by the Planning Department on June 3, 1988. Redevelopment of the existing structure shall reflect any and all provisions called for in these Conditions of Approval. 2. The Site Development Review approval shall be valid until June 26, 1989. If construction has not commenced by that time, this approval shall be null and void. The apprpoval period may be extended an additional six (6) months to December 26, 1989 (Applicant must submit a written requesting the extension prior to the expiration date) by the Planning Director upon his determinatoin that the Conditions of Approval remain adequate to assure that the above stated findings will continue to be met. 3. The Applicant shall comply with the City of Dublin Site Development Review Standard Conditions and the City of Dublin Police Services Standard Commercial Building Security Recommendations (see Attachments A and B). Archaeology 4. If, during construction, archaeological remains are encountered, construction in the vicinity shall be halted, an archaeologist consulted, and the City Planning Department notified. If, in the opinion of the archaeologist, the remains are significant, measures, as may be required by the Planning Director, shall be taken to protect them. Architectural 5. Exterior colors and materials for the building addition shall be subject to final review and approval by the Planning Director and shall be consistent with those of the existing -2- structure. All ducts, meters, air addition shall be effectively screened from view with materials architecturally compatible with the main structure. Drainage 6. A grading drainage plan shall be prepared and submitted to the City Engineer for review and approval. Calculations (hydraulic) shall be prepared by the Developer for review by the City Engineer to determine the sizing of drainage lines. 7. The area outside the building addition shall drain outward at a 2% minimum slope for unpaved a:_eas and a 1% minimum in paved areas. 8. Roof drains shall empty into ;approved dissipating devices. Roof water, or other concentrated drainage, shall not be directed onto adjacent properties, sidewalks or driveways. 9. Where storm water flows against a curb, a curb with gutter shall be used. The flow line of a1L asphalt paved areas carrying waters shall be slurry sealed at least three feet on either side of the center of the swale. Debris/Dust/Construction Activity 10. Measures shall be taken to contain all trash, construction debris, and materials on-site until disposal off-site can be arranged. The Developer shall keep adjoining public streets free and clean of project dirt, mud and materials during the construction period. The Developer shall be responsible for corrective measures at no expense t3 the City of Dublin. Areas undergoing grading, and all other construction activities, shall be watered, or other dust-palliative measures used, to prevent dust, as conditions warrant. Provision of temporary construction fencing shall be made subject to review and approval of the City Engineer and the Building Official. Fire Protection 11. Prior to issuance of building permits, the Applicant shall supply written confirmation that the requirements of the Dublin San Ramon Services District Fire Department have been, or will be, met (see DSRSD-Fire Department letter from Tanya Hoover dated March 2, 1988 - Attachment C) Grading 12. Grading shall be completed in compliance with construction grading plans and the soil engineering recommendations which shall be established by a Soil and Foundation Study prepared for this project (subject to review and approval by the City Engineer). The report shall discuss the compaction of soil under the proposed building addition. A grading and drainage plan shall be submitted to the City Engineer for review and approval. A grading permit shall be obtained for the work. Improvement Plans, Agreements, and Securities 13. The Applicant shall correct deficiencies in existing frontage improvements such as offset and/or chipped or cracked sidewalks as required by the City Engineer. 14. An encroachment permit shall be secured from the City Engineer for any work done within the public right-of-way where this work is not covered under the improvement plans. 15. If any area of the parking lot ponds water, the ponding shall be eliminated. Failed pavement areas shall be replaced. A plan for this shall be submitted to the City Engineer for review and approval. -3- 16. The Applicant shall make a contribution to the planned future signal at Amador Plaza Road and Amador Valley Boulevard. The amount of contribution shall be determined by the city Engineer based on increased traffic generated by the project, but in no case shall it exceed 5% of the signalization cost or $5,000.00. 17. Handicap ramps at the driveways shall be constructed according to City specifications. :vocation and number of ramps shall be determined by the City Engineer. 18. Where planters hold water, a ]?rovision shall be made to convey water through the planters. 19. Where water travels along a c,lrb, a curb and gutter shall be used. 20. The easterly limit of the parkting lot paving area shall be resealed. 21. Revise 2" PVC drain detail (keyed Site Note #12). Pipe is not large enough. 22. Stop bars, lettering, symbols and speed bumps shall be painted white. 23. The curb area in front of the store shall be painted red and marked with a no parking sign to the satisfaction of the Dublin Police Services Division. Landscaping and Irrigation Plans 24. A final detailed Landscape and Irrigation Plan (at 1 inch = 20 feet or larger), along with a cost estimate of the work and materials proposed, shall be submitted for review and approval by the Planning Director. Landscape and Irrigation Plans shall be signed by a licensed landscape architect. Final landscape and irrigation plans shall include planting and staking detail showing all trees double staked. 25. The Developer shall sign and submit a copy of the City of Dublin Landscape Maintenance Agreement (see Attachment D). 26. Landscaping within the landscaping strip along the property's Amador Valley Boulevard frontage shall be supplemented to infill the existing shrub plantings. Parking 27. All parking spaces shall be double striped. Handicap and compact parking space shall be appropriately identified on pavement with blue paint. Lighting 28. Exterior lighting shall be of a design and placement so as not to cause glare onto adjoining properties. Lighting used after daylight hours shall be minimized to provide for security needs only. Wall lighting around the exposed perimeter of the new building shall be supplied to provide "wash" security lighting. Upon request, photometrics shall be submitted to the Planning Department for review and approval. Signage 29. The 4' x 24' facia mounted sign shall be installed in compliance with approved plans. No other signage shall be installed on this building or site without prior review and approval by the Planning Department. Storage -4- 30.-' All 'demonstrations, displays, services, and other activities associated with the existing structure and the proposed addition shall be conducted entirely within the structure. Miscellaneous 31. The Applicant shall be responsible for the pro rata costs associated with the design and installation of improvements for the driveway linkage at the northeast corner of the subject property creating a driveway access connection to the property to the northeast (Trans Development Company property APN 941-305-29- 3) and to the north (Rainbow Investment's property APN 941-305- 13). These improvements shall be installed in conjunction with other site improvements. 32. The Applicant shall submit documentation that all the necessary agreements have been secu::ed and recorded from the adjoining property owner to the nor':h (APN 941-305-13) to allow installation of a landscape and pedestrian walkway meandering on- site and off-site (7 foot width on-:site, 4 foot width off-site) strip and accompanying end-aisle landscape planting areas. The agreements prepared for this work shall be subject to review and approval by the City Attorney and the Planning Director prior to their recordation. The agreement s:zall detail the method that on-going maintenance of this new landscape area shall be provided. This recordation shall occur prior to the issuance of occupancy permits for the 6315 square feet building addition. 33. Prior to occupancy of the building addition, the Applicant shall provide a recorded cross access easement for vehicular ingress and egress from the Albertsons' site (APN 941-305-14-2) through the parking area to adjoining the northeast corner of the Target Store site (APN 941-305-29-2) and the Rainbow Investments site (APN 941-305-13), subject to review and approval of the Planning Director, or the Applicant shall show to the satisfaction of the Planning Director that diligence has been pursued to accomplish the condition. The alignment of the cross vehicular connection and the necessary adjustments to parking and landscape areas in vicinity of the connection shall be subject to review and approval by the City Engineer and the Planning Director. The easement document shall be subject to review and approval by the City Attorney prior to recordation. Development of the vehicular connection between the three properties shall be jointly the responsibility of the owners of the Target Store site (Transpacific Development Corp) (AP9 941-306-29-02) property, Albertsons' site (APN 941-305-14-2) property and The Rainbow Investment Company site (APN 941-305-13) property. The Developer shall supply the necessary right-of-entry agreements to the agents for the adjacent properties, who are chosen to make their share of the modifications to the existing parking/landscape areas to accommodate the referenced driveway easement connection. 34. The materials used for pedestrian walkways around the new building shall be of a design and materials to match that surrounding the existing stucture. The Pedestrian circulation system shall include handicapped access. 35. All improvements shall be installed as per the approved landscaping and irrigation plans and the drainage and grading plans prior to the release of occupancy for the building addition. 36. Written statements shall be filed with the City Planning Department that show that all proeprty owners in the Dublin Plaza Center agree with the parking variance and Building Code variance. This shall be completed prior to the issuance of building permits. 37. Albertsons is required to participate in an amount based on its proportionate share of the total building area in a future parking study for the shopping center, should the City decide to conduct one. -5- 38.E The Applicant shall post and ::,ea curb as a no-parking zone the curb area along the drive aisle on the north side of the building addition. 39. Prior to the issuance of building permits, the Applicant shall supply written confirmation that the requirements of Dublin San Ramon Services District have been or will be met (see DSRSD letter from Emil Kattan dated February 23, 1988 - Attachment E). 40. To apply for building permits, the Applicant shall submit six sets of construction plans to the-Building Department for plan check. Each set of plans shall have attached an annotated copy of this Resolution of Approval. The notations shall clearly indicate how all conditions of approval will be complied with. Construction plans will not be accepted without the annotated Resolutions attached to each set of plans. The Applicant will be responsible for obtaining the approvals of all participating non- city agencies prior to the issuance of building permits. PASSED, APPROVED AND ADOPTED -=his day of 1988. AYES: NOES: ABSENT: ATTEST: Mayor City Clerk -6-• SITE DEVELOPMENT REVIEW STANDARD CONDITIONS CITY OF DUBLIN All projects approved by the city of Dublin shall reet the following standard conditions unless specifically emoted by the Planning Department. • 1. Final building and site develoarent plans shall be reviewed and'a=roved by the planning Deoart?ent staff prior to the issumice of a building pt- t. All such plans shall insure: a. That standard carnercial or residential semmit f requi remlits as established by the Dublin Police Department ara provided. b. That ramps, special parking spaces,,signing, and other apampriate physical features for the handicapped, are provided throughout the site for all publicly used facilities. C. TY.at continuous concrete curbing is provided for all parking stalls. d. That exterior lighting of the building and site is not direct onto adjacent props--ties and the light source is shielded from direct offsite vie-ring. e . Ttat all II ec.1-i .nical equiprp-nt, including el a `ical and gas meters, is architecturally screened fran view, and that electrical trans- for-,)ers are either un ergrourced or archi .--turally screened. f_ That all trash enclosures are of a sturdy matszi,al. (preferably masonry) and in harirony with the archi tectuie. of the building (s) . Q. Z^.at all vents, gutters, &vnsxuts, flashings, etc., are painted to watch the color of adjacent surface. h. That all rate_rials and colors are to be as ap-moved by the Dublin Planning Depar-"nent. Once ccnstructod or installed, all i=roverents are to be maintained in accordance with t`a a::oroved plans. Any changes which affect the exterior character- si,--l be resubmitted to the Dublin Planning Depart-it for approval. i. Met each parking space designated for ca=act cars be identified with a paveTe-rit mar=ring reading "mall Car Cnl.y° or its equivalent, and additional signing be provided if necessazy. j . Twat all exterior architectural elenents visible fran vier and not detailed on the plans be finished in a style mA in materials in hartmnv with the exterior of the building. k. That all other public agencies that require reiriew of the project be suYpl.ed with copies of the final building and: site plans and that c=,-plianca be obtained with at least their mbd man Code requirenents. C11MM I OF EMISIT A -- / 1 1 1 2. Final'Landscace Plans Planning Department Prior to such submittals shall insure: be tm-_preservation tech- acoroved by the Dublin Fz bmLlding per;nit. All a_ That plant material is utilized which will he cipable of healthy growth within the given range of soil and cUrite. b. That proposed landscape screening is of a height. and density so that it provides a positive visual icrpact within three years from the time of planting. , c. That unless unusual circumstances prevail, at 1st 75"s of the proposed trees on the site are a minirm n of 15 gallons in size, and at least 50% of the proposed shrubs on the site are minim n of 5 gallons in size. d. That a plan for an automatic irrigation system be provided which assures that all plants get adequate water. In unusual c?rcumtances, and if approved by Staff , a manual. or oui.ck coupler sys t._u gray be used. e. r,,mt concrete curbing is to be used at the edges of all planters and paving surfaces. f . Zfiat all cut and fill slopes in excess of 5 feet in height are rourded both horizontally and ve_'tically. g. That all cut and f' 11 slopes graded and not ccrLst.?'ucted on by Sept.?rcer 1, of any given year, ara hyd-rose ded with perrensii al or native grasses and f1cwers, and that st ck piles of loose so_'.1 existing Cn that date are hvdroseeded in a sinaLlaxr mane-r. T^at the area under the drib lie of all eYi st ing Oaks, Walnuts, etc-, which are to be saved are fencer during cor5ttic??ien and grading op?r_ ohs and no acuvlLV is Pe-rutted = a-- them t :!-=c cause soil cc=action or da?rage to the tree. i. niat a guarantee fr= the amers or conLcc-torts shall be re-;tiired guaranteeing all s,,-,rubs arc greurc cover, all tress, and the irrigation system for one year- j. Thet a per•-ranent maintenance agree-Tent on all lardscaai nc will he recuj, red from the owner irsa-ir_g regular i"?iCat] C21, f?T`. ? lization and weed abateR•e-nt. 3. Final ins ection or occucarcv re_*-mits will not he granted L'r:ti l all - construction and landscaoinc7 is ccm--fete in accorcance with amroved plans and t:e conditions ream er by the Citv C I T Y O F D U B L I N POLICE SERVICES STANDARD DIAL BUILDING SECURITY MCCHM I. DOORS All exterior doors are to be constructed as follows: a) Wood doors shall be of solid core construction, no less than 1-3/4 inches thick. b) Auxiliary locks are to be added to each door and shall be double cylinder, one inch, throw deadbolt or equivalent burglary resistant locks where permitted by the Building and Fire Codes. The cylinders are to be protected by cylinder ring guards so they cannot be gripced by pliers or other wrenching devices. c) In-swinging doors shall have rabbited jambs, or alteniat:e means of strengthening. d) Exterior hinges shall have non-removable hinge pins. e) Exterior and interior garage out-swinging doors shall have non- removable, hidden or non-accessible hinge pins. f) Doors with glass panels and doors that have class panels adjacent to une door frame shall be secured with ironwork or steel grills of at least 1/8th inch naterial or 2 inch mash secured on the inside of the glazing. g) All exterior doors, excluding front doors, shall have a m1nin n of 40 watt bulb over the outside of the door. Such bulb shall be directed onto the door surfaces by reflectors. h) The strike is to be a wrought box strike, or equivalent. i) Sliding glass doors: All sliding glass doors shall be equipped with a locking device that shall engage the strike sufficiently to prevent its being disengaged by any possible Ili?vement of the door within the space or clearances provided for installation and operation.' The bolt and strike shall be reinforced by hardened materiel so as to prevent their separation by pulling, prying or similar attack. The locking device function may be operable by a keyed or coded :_ock inside and out as permitted by the Fire Department or Building (:odes. Double sliding glass doors shall be locked at the maeting rail. II. W-INDCWS A. All accessible rear and side glass windc;,s shall be secured as folloN,s: 1) Any accessible window shall be secured can the inside with a locking device capable of withstanding veying or wrenching. 2) Louvered windows shall not be used within eight feet of ground level, adjacent structures, or fire escapes. all *T6 DP 83-012 ;; : # a1 f-McBIT A B. Accessible-Transans All exterior transans exceeding 8" x 12" on the side and rear of any building or premise used for business purposes shall be protected by, one of the following: 1) Outside iron bars of at least 1/8" material spaced no more than 2" apart. 2) Outside iron or steel grills of at least 1/8" material, but not more than 2" resh. 3) The window barrier shall be secured with bolts, the rounded or flush head on the outside. 4) Wire hung glass with positive locking de-rices. III. ROOF OPENINGS A. All glass skylights on the roof of any building or premises used -for business purposes shall be provided with: 1) Iron bars of at least 1/8" material spaced no more than 2" apart under the skylight and securely fastenned as in B-3. 2) A steel grill of at least 1/8" material of 2" mesh under the skylight and securely fastened as in B-3. 3) Other skylight protection of approved design. B. All hatchway openings on the roof of any building or premises used for business purposes shall be secured as fcllcws: 1) If the hatchway is of wooden raterial, it shall be covered on the inside with at least 16 guage sheet steel or its equivalent attached with screws at 6". 2j The hatchway shall be secured fran the inside with a slidebar or slide bolts. The use of crossbar or padlock must be - approved by the Fire Marshal. 3) Outside hinges on all hy.:chway openings shall be provided with non-remvable pins when using pin-tyoe hinges. C. All air duct or air vent openings exc.---ding 8" x 12" on the roof or exterior walls of any building or premise .used for business purposes shall be secured by covering tx-- sz:me with either of the following: 1) Iron bars of at least 1/2" round or 1" x 1/4" flat steel material, spaced no more than 5" zoar`z:nd securely fastened as in II B-3- 2) A steel grill of at least 1/8" material of 2" mesh and securely fastened as in I I B - 3 . DUBLIN SAN: , .AMON SERVI(,?..? DISTRICT General Offices: 7051 Dublin Boulevard • Dublin, California 94568 • (415) 828-0515 . March 2, 1988 RE CE IY.ED MAR A ?A City of Dublin NtNG P. O. Box 2340 DUBVIN P1AN Dublin, CA 94568 Attention: Mr. Rod Barger - Senior Planner Dear Mr. Barger: This department has the following requirements for PA88-007 (Albertson's Site Developement) 1. The proposed building additions shall ire protected by an automatic fire protection sprinkler system. Sprinkler plans shall be submitted to this department for review. 2. Any device located in the deli area which may produce grease laden vapors shall be protected by an automatic fire extinguishing system. 3. In addition to the fixed system, a dry chemical portable extinguisher ( not less than a 40-B rated) shall be installed near the food processing equipment. 4. Fire extinguishers rated at 2A-10BC shall be located every 75 feet of travel distance. 5. Exit signs shall be installed at required exits and shall be illuminated as required by the 1985 Uniform Building Code. 6. Exits shall be illuminated at any time the building is occupied. 7. Exit doors shall be openable from the inside without the use of a key or any special knowledge or effort. Any item not mentioned within this list which may be required does not relieve the contractor from his/her responsibility to provide the safest atmosphere. ATTACHMENT A POLITICAL suecIci5,: V 0= THE STATE O_ :ALIz0P ,Ia • =n?`?'CE? ?u \., :'AL TN PE SUIVICES TO::',_ ALAVE^A A`;% CONTRA COSTA COUNI!ES. i-!? E? *-, N ? If you have any questions, please do not hesitate to contact this department. Sincerely; on L. Hoover Fire Inspector Fire Prevention Bureau ._....__..____...__..._...??«........«.............+-...-.?-........-.-N.w n hr'ax:r..?rn'an ^?: a`?<?ef?w c^s;-??Ta2K :. ,?. ... _... ? .. .. 7 .. . 71-.-IE CITY OF DUBLIN P.O. Box 2340 , Dublin. CA 94568 (415) 829-46110 STANDARD PLANT MATERIAL, IRRIGATION SYSTEM AND MAINTENANCE AGREEMENT I (propert.y.owner) do hereby agree that all plants (trees, -shrubs and ground cover) 'will be installed in accordance with the City of Dublin's approved landscape plan for (name of project) located at (address). All plants will-be replaced in kind as per the approved plan at such time as they are found. to be missing, diseased, damaged, or dead, for at least one (1) year from the date of their installation. I further agree that all plants will henceforth be irrigated, fertilized, weeded and tended on a regular basis such that they will maintain a healthy and weedfree appearance. . I further agree that the irrigation system will be installed according to the irrigation plans as approved by the City of Dublin, and that said system will be kept in good working order for at least one (1) year from the date of the landscaping installation. This agreement is binding against this and all property owners of record. Signed: Date Form 83-05 ? A 0i. F-Xot8rr A, DUBLIN SAWS AMON SERVIC S DISTRICT General Offices: 7051 Dublin Blvd. • Dublin, California 94568 • (415) 828-0515 • Fax: 829-1180 February 23, 1988 Mr. Rod Barger, Senior Planner City of Dublin Development Services P.O. Box 2340 Dublin, CA 94568 RE.QEIY.ED FEB ^ it 13Cl DUBUN KANM. 0 Subject: Application Referral Letter dated February 17, 1988 PA 88-007, Albertson's Site Development Review 5,807 square foot building addition. Dear Mr. Barger: Enclosed please find correspondence related to the proposed addition for Albertson's. Basically, the letter covers our requirements for the relocation of the water main and appurtenances, as well as potential fire, sewer and water connection fees. I would suggest the applicant contact the District for an application for new services. Yours very truly, EMIL KATTAN, Assistant Civil Engineer EK/lss enclosures "fACHMENT A POLITICAL SUBDIVISION OF THE STATE OF CALIFORNIA • PROVIDES MUNICIPAL TYPE SET ALAMEDA AND CONTRA COSTA Dt_ ?S n General Offices: 7051 Dublin Boulevard * Dublin, Caliio•nia 94588 * (415) 823.0515 September 7, 1983 Mr. A. Dean McKellip, P. E. McKellip Engineering, P.A. 4205 Emerald Street Boise, Idaho 83706 Re: Albertsons Food Center Addition, Dublin, CA Dear Mr. McKellip: With reference to your letter dated August 31, 1983, please note that the layout for the relocation of the water main and water lines appear to be adequate. However, this District requires a reduced pressure backflow device instead of a double check backflow device behind the domestic meter, since a bakery is proposed within the additional facilities. Also, at the location where the new 811 water main is to be connected to the existing 811 water main, please install an 8" valve to facilitate all new construction. At this time, we are unable to determine additional sewer connection charges for this project since we require additional information. Please advise us on what the additional gallons of sewage is generated per day. For the case of the bakery operation, pleases include the actual gallonage per day, the Biochemical Oxygen Demand (BOD) in mg/l per day and Suspended Solids (SS) in mg/l per day. It appears that the total additional. square footage is 29,108 square feet. The five fees are based on square footage. Therefore, a plan checking fees of $0.025 per square foot equals $727.70. Also, a capital improvement fee of $555.00 per 2,000 square feet is required. This amounts to $555.00 x 15 which equals $8,325.00. A flat inspection fee of $56.00 is also required. The total five fees equals $9,108.70. Yours very truly, Emil Kattan Assistant Civil Engineer EK/er cc: Miles Ferris > W?U Tit: >, 'r:dJrv13•C++Ji TNe STATE OF C>l!FO9?IIA . PQOV;OES MUNICIPAL TYPE SERVICES T. C:T1Z?AS OF AMAOJA-ll>EAMCRE A,.7 z N AAV0%YA,.EVS .ALAMEDA AND CCVTAA COSTA G'3u\T IS lwmm i. Ar, e 71? IN V L it , (fit G.1,?C?I.:.sTA:L) sit ,'"' ?- 1 Amc • I ? ?T- IS WATER LINE. EAS=E'- i i z? 0 l , T =L ?o U r r r r r.! r r r 'rr=.. r r! r% •• (, ! r r V r t r I R r+ a r• r rrtglt f? i t}t 4L1 f r` it r If CI, ! { }i :r Il 1( tq }'r j ri fr([ I[ [,((1l? (• [ li it I Jrr , l{ II ,r ({ 1: ;ill[ [,f iI ?} .:ItI{,trl t(14 l'[l ??{ f 5- ! [r} {l i?? I I ?{ { I ? l?tt i{ .rr? I;, rr } 1 , ;. ?,?rr(}E r !c f ,I rr r??' =? ';> ( !? ? ? ± ; }, ? i ? 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Z r m 7 n n 9 J Y V c z a Ao• ? t ?: u ? ie • j T ? ?% i f l u f = j t+ ?r A F C • x v K 1 . _ V • m Qr y 0 z 7 V? O ?y ?r Pi ? a ry r? o' b i • C ?CHMENT s III i i i ?I I i i I t t F7 Ski ;•:7 lit 41 IN 0 t 1 _ o • ;" r t 1 1 OVA ?"1 ?; ? •? ?'! w rl? ? - ? _ i,;,}aor._ _?.s}. es is i lilt t § + t ?? Et r r j 1 .:.?........ '9 Sow_ l f I H11 t 1t IJ.j.ii?4; 't?s? {? ili i!F i• fi• {ts '; t l 'tttEEl•4r •r rF itt +klt uu tG tits e 6 1t till 1. t?t• ?t p _ urkiTf ylsy.aJr...l.Jrr•....Ir __.-- J' . %. stoge "... areMteet p.a. n i:a r? s GIB i - _ _ _ I ww.! lwomy al. slaty ynvXr??urt ?- -- -- f t°"? ?1 Mehs 63703 208.33&4=1 CITY OF DUBLIN P.O. Box 2340 Dublin. CA 94568 Date: April 5, 1983 RE: FINAL ACTION LETTER PA 82-013 lbertson's (Variance) Project/Site Address: 7333 Regional Street, Dublin CA Assessor Parcel Number(s): 941-305-14-2 (415) 829-4600 Applicant: Albertson's, 6400 Village Parkway, Dub:-in CA 94568 Property Owner: (of record) I. Kallman & J. Sande.lman PO Box 20 Boise ID 83726 Dear Applicant: The above referenced project was acted upon on March 28, 1983, Zoning Administrator Planning Director Planning Commission XXXX City Council and was: Approved XXXX Approved Subject to Conditions Denied Findings and Resolutions are attached. by the: THIS ACTION IS FINAL. Approval shall not be interpreted to be app royal to violate or omit any provisions of the Zoning ordinance or any other applicable codes. Applicant must apply at Building Department ?o obtain any necessary building permits prior to commencing the project. If you have any questions regarding this matter, please contact this office. Sincerely, Copy *&c4T-6 FILE La-' P1 cc: Zoning Investigator A.C.B.I.D. ATTACHMENT r? RESOLUTION NO. 12 - 83 A RESOLUTION.OF THE CITY COUNCIL OF THE CITY OF DUBLIN --------------------------------- GRANTING BUILDING CODE VARIANCE TO ALBERTSON'S STORE AT REGIONAL STREET & AMADOR VALLEY BOULEVARD WHEREAS, the owners and leasee of certain property as herein indicated and as shown on Assessor Parcel Map 941-305-14-2, and as shown on Exhibit "A" on file with the Dublin Planning Department, have proposed to expand the size of the existing Albertson's store at Regional Street and Amador Valley Boulevard in Dublin, California; and WHEREAS, the subject building adjoins another building, both of which connect along a common property line between parcels 941-305-14-2, owned by 7th Cheltenham Properties; 941-305-16, owned by Payless Drug Stores; and 941-305-21, owned by WMMIG; and WHEREAS, the existing buildings were gran:ed Building Code variances by the Alameda County Board of Supervisors on January 26, 1971, to permit there existing construction as specified in :Resolution ,#136999; and WHEREAS, because of such separate ownerships, variances to the following sections of the Alameda County Building Cede are necessary for the proposed project: 1) Section 504, Table 5-A and Section 1103 - which prohibit openings in exterior walls which are less than 5' from the property lines, and require walls which are less than 10' from property lines to be of one-hour fire- resistant construction. 2) Section 506(b) - which permits unlimited floor area if the building is surrounded by yards or streets 60'\wide and provided with an automatic fire extinguishing system. 3) Section 509 - which permits arcades or covered walkways connecting buildings, providing there are no openings between the arcade and the building except doors. WHEREAS, Albertson's did request variances from such conditions; and WHEREAS, good cause appears to this City Council that such variances to the Alameda County Building Code should be granted to Albertson's in connection with said proposed addition to Albertson's. r,,._ i NOW, THEREFORE, BE IT RESOLVED that Albert:son's be hereby granted variances to the provisions of Section 504 r Table 5-•A, Section 1103, Section 506(b) and Section 509 of the Alameda County Building Code in connection with said proposed addition to Albertson's, located at Regional Street and Amador Valley Boulevard in Dublin, California; subject, however, to the following conditions: 0 A 35' clear yard be maintained around the northerly side of the Albertson's building as indicated on the site plan labeled Exhibit "A" on file with the Dublin Planning Department. 0 That all the buildings on Parcels 14-2, 16, and 21 be provided with automatic fire sprinklers. That the use of buildings be limited to "F" Occupancies as defined in the Alameda County Building Code. That parcels 14-2, 16, and 21 be encumbered by an agreement (9 acceptable to the Dublin City Attorney which will assure compliance with the foregoing conditions, said agreement-- to be recorded and run with the land. That the Site Development Review application for the proposed addition to Albertson's be brought to the City Council for review and action.- BE IT FURTHER RESOLVED that the County Building Official be and he is hereby authorized and directed to issue the necessary permit or permits accordingly, subject to the foregoing conditions. PASSED, APPROVED AND ADOPTED this 28th day of March, 1983. AYES: Councilmembers Burton, Hegarty, Jeffery, Moffatt and Mayor Snyder NOES: None ABSENT: None ATTEST: I ity er i Mayo .J^ I RESOLUTION NO. 13 - 83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN- ------------------------=-------------- GRANTING PARKING VARIANCE TO ALBERTSON's STORE AT REGIONAL STREET & AMADOR VALLEY BOULEVARD WHEREAS, Albertson's, Inc., wishes to expand the size of their store at Regional Street and Amador Valley Boulevard by 8,208 square feet and not provide any new parking for the addition; and WHEREAS, the existing parking for the Dub'-in Plaza Shopping Center, of which Albertson's is a part, is,currentl:i shy parking as per existing City parking requirements; and WHEREAS, ample parking is available within the Dublin Plaza Shopping Center, based on existing tenant mix, the amount of parking currently and proposed to be available; and WHEREAS, the proposed additions will maintain efficient and safe pedestrian and vehicular traffic patterns; and WHEREAS, the expansion of Albertson's will be to the benefit of the City of Dublin as conditioned below; and WHEREAS, the City Council finds that: 1. There are special circumstances including the site's configuration, lot line locations, and the location of the pedestrian arcade, and vehicular circulation patterns, which restrict the Albertson'ss ability to expand in an economical manner, which is available to similarly zone property, where additional parking spaces are available. 2. The granting of the variance will not be a s?:)ecial privilege which is inconsistent with the limitations upon other proper?ies in the vicinity and zone, given that the other property owners within the Dublin Plaza Shopping Center agree with the granting of the variances, and that reciprocal parking arrangements cause Albertson's parking to be viewed as part and parcel to that of the entire center. 3. The granting of the variances will not be detrimental to persons or property in the area or to the public welfare, since pedestrian and vehicular circulation patterns will allow safe travel through the center, and since fire protection is provided. NOW3 THEREFORE, BE IT RESOLVED that the City Council grants a variance to the parking requirements for the Dublin Plaza Shopping Center to permit Albertson's to expand its size by a maximum of 8,208 sq. ft., as shown on Exhibit "A" and that a maximum of 105 parking spaces may be waived for the entire shopping center, as proposed-by Albertson's, subject to the following conditions: Ills k?M' ? A? ? L?uxb ':H r Y ,-:.rwr ' "+r7 h`rafi 1-e? ? t ti+ /. s ('11 f { 3"r..,,, b Mme,"f ?t :ira G?..:r?ryr • %, -P'3'y it - ' r 1:Written statements shall be filed with the City Planning Department, '.prior to issuance of a Building Permit, that show that all of the property owners in the Dublin Plaza Center agree with the paring variance and Building Code variance. Such agreement is also to be evidenced in the amended and certified Declaration of Encumbrances. Q When Albertson's applies for the necessary Site Development Review, their plans shall include: a) an enclosed trash area of sufficient size to contain their trash and miscellaneous refuse needs; b) several additional trees are to be installed within Albertson's lot to break up the-visual expanse of asphalt and create a buffer to adjacent development; c) additional provisions shall be made for pedestrian and vehicular circulation access, including, but not limited to, access to the GEMCO property, should GEMCO agree to provide a connection on their property. The addition is to be compatible in design and materials to that of the existing structure, so as to blend with it. All mechanical equipment and the like is to be screened from -view- A safe pedestrian walkway shall be constructed from Amador'Valley Bou evard to the Albertson's store. Significant architectural improvements shall 'be incorporated into the project. These improvements shall include but not be limited to: a) Improved covered arcade with landscaping and other design features; b) Maintenance of a two-way driveway with a minimum 28' width. © Albertson's shall agree to participate, in an amount based on its proportionate share of the total building area, in a future parking study for the shopping center, should the City decide to conduct one. PASSED, APPROVED AND ADOPTED THIS 28th day of March, 1983. AYES: Councilmembers Burton, Hegarty, Jeffery, Moffatt and Mayor Snyder NOES: None ABSENT: None ATTEST: ;?. C L,,--- City c.rk Mayor 6500 DUBLIN BLVD., SUITE 100 DUBLIN, CA 94568 SUBJECT: (415) 829-4916 AGENDA STATEMENT MEETING DATE: March 28, 1983 EXHIBITS ATTACHED: RECOMMENDATION: FINANCIAL STATEMENT: PA 82-013 Albertson'.s Variance Pre-Hearing Staff Analysis including Resolutions 1. Open Public Hearing, Hear Public Comment, Close Public Hearing. 2. Make the three findings indicated on page 8 of the Pre-Hearing Staff Analysis 3. Adopt the resolutions approving the parking and building code variances None DESCRIPTION: The applicant, Albertson's, would like to expand their store by enclosing the front arcade and extending their building into the northerly side yard. This would increase the store's size by 8,208 sq.ft. Two major concerns arise with the proposal: 1) The entire shopping center, which Albertson's is located in, was built to its maximum size with no extra parking spaces available. A parking variance of 105 spaces would be necessary for the proposed expansion. 2) When the shopping center was constructed, a Building Code variance was granted, in part, to permit a larger floor area than typically allowed. A 60-ft. sideyard was a condition of approval. The proposed expansion would require a modification of the previous Buildinq Code variance. Y7v A .4 Oft 11 ----------------- -------------------- awe 12,11VIENT ITEM NO. _ Five issues regarding the parking variance need to be addressed: 1. Is the parking variance reasonable? 2. What precedent would the variance set? 3. Should the parking requirement of the Zoning Ordinance be studied instead? 4. Will the variance have a negative impact on the overall operation and effectiveness of the shopping center? 5. Should a parking study be undertaken before acting on the variance? The attached Pre-Hearing Staff Analysis discusses these issues and contains additional information regarding recommended conditions, and an alternative approach that would involve the preparation of a comprehensive site plan for the entire shopping center. The Planning Commission and Staff recommend that the variances be approved subject to the conditions indicated. The applicant. prefers these recommendations rather than the alternative approach. Should the Council prefer the alternate approach of having a comprehensive site plan prepared for thE! entire shopping center, Council should direct Staff to secure estimates of such work and revise the conditions accordingly. kHE CITY OF DUBLIN P.O. Box 2340 Dublin. CA 94566 MEMORANDUM PRE-HEARING STAFF ANALYSIS Meeting Date: March 28, 1983 TO: City Council FROM Planning Director (415) 829-3543 SUBJECT: Parking Variance and Building Code Variance for Albertson's Store 4733 - PA 82-013 GENERAL INFORMATION PROJECT: Albertson's has requested a 105-car parking variance and a Building Code Variance to allow them to expand the size of their store in the Dublin Plaza Shopping Center. APPLICANT: Albertson's, 6400 Village Parkway, Dublin 94568 REPRESENTATIVE: Dennis Sheehan ASSESSOR PARCEL NUMBER: 941-305-14-2 PROPERTY OWNER: 7th Cheltenham Properties, Inc. EXISTING ZONING: (C-1) Retail Business EXISTING LAND USE: Albertson's Food Store SURROUNDING ZONING AND LAND USE: North - C-1 - GEMCO East - C-1 - Small shops South - C-1 - Small shops/parking West - C-1 - Shopping Center SITE/ZONING HISTORY: On December 3, 1969, the Alameda County Planning Department approved a Tentative Map #3135 and Site Development Review, S-293, for the Dublin Plaza. The shopping center has nine lots, each of which has its own owner (See Attachment - Parcel Map). Common rights of access are provided for each parcel to allow cars to drive across parcel lines and share parking spaces. In January, 1971, the Board of Supervisors also granted Building Code variances to the developers of the center to allow: 1) buildings to be closer to the property lines than was allowed by the Building Code; 2) that these buildings could have openings in them (for doors and windows) that were closer to the property lines than allowed, and; 3) that covered walkways could connect the buildings, where the Building Code required fire separations which would not have allowed connected walkways (See attachments). APPLICABLE REGULATIONS: Zoning Ordinance: Section 8-93.0, Variances: discusses the precise legal basis upon which a land use variance may be granted. Each of the following must be answered in the affirmative in order to grant a variance: 1. That there are special circumstance3 including size, shape, topography, location or surroundings, applicable to the property which deprive the property of privileges enjoyed by other property in the vicinit-y, under the identical zoning classification; 2. That the granting of the application will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone; 3. That the granting of the application will not be detrimental to persons or property in tae neighborhood or to the public welfare. City policy is to have the Zoning Administrator act on variances, however, where a City policy concern is involved, the variance may be referred to the Planning Commission for comment and then be decided upon by the City Council. The Building Code variance must be acted upon by the City Council, which has the sole authority to amend the Code. Section 506(b) of the 1979 Uniform Building Code, requires that a building the size of Albertson's be surrounded by yards or streets that are at least 60 feet wide. It is this section that has been requested to be amended to permit the proposed construction to be 35 feet from the property line. ENVIRONMENTAL REVIEW: Variances are Categorically Exempt from environmental review. - NOTIFICATION: Public Hearing notices have been published in the Tri-Valley Herald, mailed to adjacent property owners, and posted in public buildings. -2- t --`I /- ANALYSIS• Albertson's would like to increase the size of their store by enclosing the front arcade, and by extending their building 45', into the northerly side yard. This would increase the store's size by 8,208 square feet. Two problems arise when the store is increased in size. First, additional parking is required (]. space for each 100 sq.ft. of public space). When the shopping center was first built, it was built to its maximum size with no extra parking being available. Therefore, as it now stands, no additions can be added without a parking variance being granted. Historically, Alameda County has rarely granted a parking variance. To do so would estab:'.ish a new precedent regarding parking variances, and it could greatly affect many other properties that would like to expand but do not meet the current parking standards. Secondly, when the shopping center was initially subdivided, buildings were built on property lines, and special Building Code variances had to be granted by the County to permit the buildings to be located closer to property lines than was, and still is, permitted by the Building Code. The proposed construction would also be closer to the property line than is permitted by the Building Code, the previous Building Code Variance, and subsequent Declaration of Encumbrances. (See attachments). The Albertson's addition, due to its proposed elimination of some existing parking, and the City requirement to add new parking for the addition, will result in a net deficit of 57 parking spaces. The entire shopping center is now shy 48 parking spaces. Therefore, if the addition is permitted, the shopping center would have 105 fewer parking spaces than is required by the parking requirements (e.g. a 20% reduction). A. Parking Variance There are five primary parking variance issues that need to be addressed when determining the validity of this variance request: 1. Is it reasonable to grant a parking variance for this shopping center? 2. What precedent would granting a parking variance set for the City? -3- 3. Is it appropriate to grant a variance for parking or should the parking requirements of the Zoning Ordinance be studied instead? 4. Will the Albertson's variance have a negative impact on the center's use, appearance, circulation, or site planning? 5. Should a parking study be undertaken before this or other parking variance requests are acted upon? Taking each questions individually: 1. Is it reasonable to grant a parking variance for the Dublin Plaza shopping center in order to permit Albertson's to expand? In their variance application, Albe.rtson's states that its Dublin store is at a competitive disadvantage because of its current size, and that other major stores (Alpha Beta and Fry's) have closed their doors because their facilities were non-competitive. A*f Albertson's has also indicated that the other property owners in the center do not object to the variance request. Field observations show that the center has more than enough parking space available for the present tenants. The amount of parking required by the Zoning Ordinance is computed on a sliding scale such that larger stores are required to have proportionally more parking than smaller stores. It is typically the reverse. Given the mix of uses in the center, and that the customers of different stores tend to shop at different hours, there appears to be sufficient available parking to allow Albertson's to expand without creating a shortage of parking. 2. What precedent: would granting the parking variance have on the City? Since Alameda County has rarely granted a parking variance, and since allowing more construction without related parking could allow each development in the City to expand, the granting of this variance could establish a significant precedent. If the City supports this variance, it is crucial that specific findings to suppport the decision be made. Also, the City must expect that several other such requests are likely to follow. 3. Is it appropriate to grant a variance for parking, or should the Zoning Ordinace be changed instead, to require proportionally less parking than is now required? -4- The City of Dublin is just now gaining an understanding of the cause and effect of the regulations that it inherited from Alameda County. Changes are, and will be, made to these regulations so that they will better fit the interests of the City. This process may b_e a lengthy one. We are not inclined to put a moritorium on development during this transition period. It is therefore desirable, though it is time-consuming, to work within the existing regulations and use them as best we can, to achieve our :Long-term objectives. Thus, it is appropriate at this time to utilize the variance process. It is, however, highly preferable to amend the parking regulations directly, rather than use a variance procedure, and review requests on a case-by-case basis. Amending the parking requirements should be a future consideration for the Planning Commission. The Commission should, of necessity, look at all the parking requirements. 4. Will the Albertson's variance have a negative impact on the center's use, appearance, circulation, or site planning? The expansion will not change the shopping center's land use mix, or balance. It will, however, as proposed, have a negative impact on the pedestrian circulation, and it does not include any measures which would improve the appearance of even its portion of the center. The initial proposal includes enclosing the covered arcade in front of the store. People would then be required to walk in the driveway to get past the store. This is not desirable. At the Planning Commission IC.eeting (March 7, 1983) the Commission found that it would. be acceptable if a new arcade were built around the proposed addition. This would allow the store to expand and still provide for pedestrian circulation, though it would be a bit circuitous. The new arcade is to match the existing one and thus provide a pleasing visual space as well as shelter from the sun and rain. The rear of the store does not contain a trash enclosure and subsequently is cluttered with considerable debris, crates, carts and the like. It is Staff's position that, as incremental changes are made to existing developments, the City should, within reason, seek to have improvements made to them which enhance their appearance, use, circulation, etc. This will, over time, assure the Citv that its commercial development continues to be competitive. While it can be said that such concerns should be left solely up to the property owner, experience shows that City involvement is often needed, and that such involvement produces advantageous results. -5- Staff would like to make sure that if the parking variance allows the present arcade to be enclosed, that a new arcade be required to be instlled around the enclosure to match the existing arcade and maintain pedestrian circulation. There are several approaches to assure that the proposed changes will be consistent and compatible with the nverall shoDDina center: APPROACH NO. 1: Apply conditions to this variance application and to the subsequent Site Development Review for the Albertson's project. The City and Albertson's would work together to assure that the project is consistent and compatible, and provides necessary and desirable site improvements such as landscaping, covered arcade, pedestrian and vehicular ciculation, parking, signing, lighting and similar items. The Site Development Review application and plan would apply to only the Albertson's site. APPROACH NO. 2: In cooperation with the property and shop owners, prepare a comprehensive site plan for the entire shopping center. The City could coordinate the preparation of the comprehensive site plan to enhance the overall development and to assure that each individual store would fit into the shopping center. The City could consider contracting with an architect or site planner for the work, and then be reimbursed by the property owners, based on a "fair-share" formula, in the future when. they wish to exand and improve their stores. The shopping center was initially processed as a single cohesive project, so it would be reasonable to process improvement plans in similar fashion. 5. Should a parking study be undertaken before this variance is acted upon? As indicated above, we are in a time of transition and are working within the regulations that are now in place. The parking question involves more than just this development. We have sufficient information, though it is somewhat subjective, to indicate that the parking variance can be acted upon at this time. It does,, however, seem appropriate to ask Albertson's, as the benefactor of the variance which, in fact, involves the entire shopping center, to contribute to a traffic study on a fair share basis, when the City elects to undertakE! such a study. -6- B Building Code Variance The Alameda County Building Official, Mr. Vic Taugher, has indicated that while he is not generally in favor of modifying the Building Code, the circumstance of this application are such that he would not oppose the granting of a variance to allow the sideyard expansion, as proposed. There is ample room proposed construction to the addition to catch on proposed addition are of fully sprinklered. The addition added, will not problem. PLANNING COMMISSION ACTION: between existing structures and the limit their potential damage, were fire. The existing building and masonry construction and will be size of the building, with the pose any other Building Code The Planning Commission reviewed these variance requests at its meeting on March 7, 1983. The Commission recommended (4-0) that the variances be approved subject to the conditions as stated in the PRE-HEARING RECOMMENDATION section below. These conditions vary somewhat from Staff's initia:_ recommendations. They, however, are in keeping with the intent: to allow the expansion while insuring that the new construction will improve, or at least maintain, the functional, safety., and appearance aspects of this proposal, and provide a net benefit to the Shopping Center and City. COUNCIL ACTION REQUIRED: In order to approve the project, the City Council must: 1. Make findings to support its decision on the parking variance and the Building Code Variance. 2. Adopt a Resolution granting the parking variance (see attachment). 3. Adopt a Resolution granting the Building Code variance (see attachment). PRE-HEARING RECOMMENDATION It is recommended that the City Council approve the parking and Building Code variance requests to permit Albertson's to expand by 8,208 sq.ft. to the north and west sides of the existing store as shown on Exhibit A, subject to the following conditions: 1. Written statements shall be filed with the City Planning Department, prior to issuance of a Building Permit, that show that all of the property owners in the Dublin -7- Plaza center agree with the parking variance and Building Code variance. Such agreement is also to be evidenced in the amended and certified Declaration of Encumbrances. 2. When Albertson's applies for the necessary Site Development Review, their plans shall include: a) an enclosed trash area of sufficient size to contain their trash and miscellaneous refuse needs; b) several additional trees are to be installed within Albertson Is lot to break up the visual expanse of asphalt and create a buffer to adjacent development; c) additional provisions shall be made for pedestrian and vehicular circulation access, including, but not limited to, access to the GEMCO property, should GEMCO agree to provide a connection on their property. 3. The addition is to be compatible in design and materials to that of the existing structure, so as to blend with it. All mechanical equipment and the like is to be screened from view. 4. A safe pedestrian walkway shall be constructed from Amador Valley Blvd. to the Albertson's store. 5. A new covered arcade is to be constructed around the front enclosure to match the existing arcade with landscaping and other design features, and that a two-way driveway be maintained with a minimum 213' width. 6. That Albertson's participate, in an amount based on its proportionate share of the total building area, in a future parking study for the shopping center should the City decide to conduct one. FINDINGS: The following findings are recommended for use in both the parking and Building Code variance decisions: 1. There are special circumstances including the site's configuration, lot line locations, and the location of the pedestrian arcade, and vehicular circulation patterns, which _ restrict the Albertson's ability to expand in an economical manner, which is available to similarly zoned property, were additional parking spaces available. 2. The granting of the variance will not be a special privilege which is inconsistent with the limitations upon other properties in the vicinity and zone, given that the other property owners within the Dublin Plaza shopping center agree with the granting of the variances, and that reciprocal parking arrangements cause Albertson's parking to be viewed as part and parcel to that of the entire center. -8- 3. The granting of the variances will not be detrimental to persons or property in the area or to the public welfare, since pedestrian and vehicular circulation patterns will allow safe travel through the center, and since fire protection is provided. _ Attachments: Exhibit "A" Site Plan Assessor Map Draft Resolution regarding Parking Variance Draft Resolution regarding Building Code Variance Building Code Variance #136999 Amendment to Declaration of Encumbrances 1/19/71 Exhibit "E" (Variance application - Attachment A) -9- i n ' v _t in J r \ \ d) V" Ho -4, HO-U rm r #;4 lee ?v I IS OJWT / u h Q k) woo F". -6 1 1 13 t? J r o h ,j tri en r?i i 1 > > 0. Lill "IL o ? o- ?. :lee v7• It "? 1 .; - r !7 li ? J U I r+z f 16. l ! . I 1 i ' CID r? 0-1 1 0. i 16