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HomeMy WebLinkAboutReso 091-98 SDR MacaroniGrillRESOLUTION NO. 91 - 98 A RESOLUTION OF THE CITY COUNCH~ OF THE CITY OF DUBLIN APPROVING PA 98-034, MACARONI GRILL SITE DEVELOPMENT REVIEW, A PORTION OF THE HACIENDA CROSSINGS ENTERTAINMENT CENTER WHEREAS, Bfinker International., has requested approval of a Site Development Review application for a restaurant on pad F2 at Hacienda Crossings; and WHEREAS, the Planned Development that was approved for this site requires that the application for Site Development Review be approved by the City Council at a public meeting; and WHEREAS, the Site Development Review for the site is a component of the Santa Rita Commercial Center Project. That project is within the scope of the Eastern Dublin Specific Plan and General Plan Amendment, for which a Program EIR was certified (SCH 91103064). A Mitigated Negative Declaration (SCH 94113020) has been approved for the Santa Rita Commercial Center Project. That Mitigated Negative Declaration together with the Program EIR adequately describes the total project for the purposes of CEQA; and WHEREAS, there have not been any identified changes in the Santa RitaCommercial 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 and WHEREAS, a restaurant is a permitted use under the Planned Development District for this site; WHEREAS} the City Council held a public meeting on said application on June 16, 1998; and WHEREAS, proper notice of said public meeting and a ten day public review period was given in all respects as required by law; and WHEREAS, the staff report was submitted recommending the City Council approve the Site Development Review application subject to Conditions of Approval prepared by Staff, and WHEREAS, the City Council did hear and use their independent judgment and considered all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby find that: The approval of this application (PA 98-034) is consistent with the intent/purpose of Section 8-104 (Site Development Review) oft he 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 Dublifl 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 ail 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. Landscape considerations, including the locations, type, size, color, texture and coverage of plant materials, provisions and similar elements have been considered to insure visual relief and an attractive environment for the public. BE IT FURTHER RESOLVED THAT-THE Dublin City Council does hereby approves PA 98- 034, Site Development Review for Macaroni Grill, a portion of the Hacienda Crossings Commercial Center, as generally depicted by materials labeled Exhibit 1 of the StaffReport, as well as the color elevations, displays, model, perspectives and material board, stamped approved and on file with the Dublin Planning Department, subject to the following conditions: CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions 'of Approval shall be complied with prior to the issuance of building permits and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval. [PL] Planning, [BI Building, [PO] Police, [PW] Public Works, [ADM] Administration/City Attorney, [FIN] Finance, [FI Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [CO] Alameda County_ Department of Environmental Health, [Z7] Zone Seven. 2 Nb CONDITION TEXT RIEsPoN WHEN MATRIX RESPONSES TO AGENCY REQ. INDEX CONDITIONS .., (for applicant) GENERAL CONDITIONS 1 Except as specifically modified elsewhere, PA PL Ongoing 98-034 Macaroni Gdll Site Development Review is approved for the construction of 7,144 sq.ft restaurant at Hacienda Crossing · Commercial Center. This approval shall generally conform to the plans labeled Exhibit 1, consisting of 9 sheets, prepared by Cortland Morgan ArChitect and Gates & ' Associates, Landscape Architects, dated received May 29, 1998, and June 3, 1998, and a color and material board dated received by the Planning Department on May 29, 1998, and stamped approved. 2 The Applicant is responsible" for thOse PL Ongoing Conditions of Approval of Resolution No. 6-95 for PA 94001, the Santa Rita Commercial Center Planned .Development Rezone; those obligations of the Development Agreement Between the City of Dublin and Homart Development Co. and Surplus Property ,Authority of the County of Alameda for the Td- Valley Crossings Project/Santa Rita Commer- cial 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-{)7 (of the Community Development Director for PA Nos. 95-013 and 97-003 approving Tentative Parcel Map 6879 and 7116, and any amend- ments thereto relating to zoning regulations, subdivi,'sion, and improvemen, t ~f.the property. 3 The Applicant is responsible for complying with PL Ongoing all applicable mitigation measures of the Santa Rita Commercial Center Project Mitigation Monitoring Plan approved by the City Council on January 23, 1995, relating to the subdivision and associated improvements of the proiect site. '4' Minor modifications to location and size of PL Ongoing' buildings on the site plan may be approved by the Community Development Director. Modifications that improve the quality of materials may be approved by the Community Development Director. Modifications to overall design concepts and/or reduction in quality of materials may be mad,e b)/the City Council. 3 NO 'CONDITION TEXT RESPON WHEN MATRIX RESPONS~ES~ TO. AGENCY REQ. INDEX CONDITIONS (for applicant) 5 The Applicant shall comply with all applicable B BLDG regulations and requirements of the Uniform Building Code and the State of California, Title 24 provisions. 6 !The Applicant shall comply with all applicable PL, PW, PM & City of Dublin Site Development Review PO BLDG ' 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. (Exhibit 4 to the Staff Report). 7 Approval of this Site Development Review shall PL Ongoing be valid for one year, until June 16, 1999. If construction has not commenced by that time, this approval shall be null and void. The approval pedod for the Site Development Review may be extended six (6) additional months (Applicant must submit a wdtten request for the extension pdor to the expiration date of the permit) by the Community Development Director upon the determination that the conditions of approval remain adequate to assure that the above stated findings of approval will continue to be met. 8 i 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. 9 Pdor to the issuance of building permit all B, PL, BLDG 45-59, applicable fees shall be paid. These fees shall ADM 119, include, but not be limited to, those fees 286, 165 required by City Ordinances such as Traffic Impact Fees, Traffic impact fees to reimburse Pleasanton for freeway interchanges, Noise Fees, Public Facilities Fees, School impact fees, Fire impact fees, Affordable housing in- lieu fees, Specific plan implementation fees, or any other that may be adopted. The Td-Valley Transportation Council is presently studying the development of a Regional Transportation Impact Fee. If this fee is adopted bY the City of Dublin, or incorporated into Dublin's Eastern Dublin Traffic Impact Fee pdor to building permits being issued, then the unissued -- building permits shall be subject to the new or revised fee. The present City of Dublin TIF will NO CONDITION TEXT RESPON WHEN MATRIX RESPONSES TO AGENCY REQ. INDEX CONDITIONS (for applicant) be Calculated at the time of issuance o~ ' ' Building permit, In addition, all fees required by DSRSD, Alameda County Fire, Zone 7, shall be paid in accordance with those Agencies' ordinances and regulations. If the development agreement approved for this · project conflicts with this condition, the developmen.t a. gr. eement shall prevail. i0 The Developer shall comply with appliCable F, PWi Ongoing 8, 18, ' Alameda County Fire Department, Public PO, Z7, 20, 120, Works Department, Dublin Police Service, DSR, PL 122, Alameda County Flood Control District Zone 7 138, 155 and Dublin San Ramon Services District requirements or as determined based on specific characteristics of the restaurant. Prior to the issuance of building permits appliCant shall provide documentation that all such requirements have been met. SlGNAGE 11 Any signage on the site shall be in accordance PL Ongoing with the Hacienda Crossings approved Master Sign Program. ., ~ UTILITIES 12 The restaurant shall institute a solid waste A'DM Ongoing 103 recycling program. ,, 13 City staff shall revieTM and approve a utility site PW, PL GRAD plan showing that transformers and service boxes are placed outside of public view where possible and/or screened. 14 Building plans shall inclu'~l~ ~ater efficieht" ~ B BLDG 125 - fixtures to City standards. 15 The developer shall construct all underground PW BLDG utilities to the project building in accordance with the governing agencies and the City Department of Public Works. PARKING 16. 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. Drive aisles and sidewalks of the site shall 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. Public parking spaces shall be double-striped with 4-inch wide stdpes set approximate~ 2 feet apart as shown on the "Typical Pafl~ Striping Detail" available in .... 5 NO CONDITION TEXT RESPON WHEN MATRIX RESPONSES TO AGENCY REQ. INDEX CONDITIONS _. (for applicant) the Planning Department. Handicapped, visitor, employee and compact parking spaces shall be appropriately identified on the pavement and designated on the parking plan. ~ The 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. 17. Bicycle parking shall be provided near the PL, PW BLDG buildinc~ entdes ARCHITECTURE 18 The false door shown on the east elevation PL BLDG shall be extended to the ground. 19 All ducts, meters, air conditioning equipment PL, B BLDG and other mechanical equipment that is on-site or roof mounted shall be screened from view of all public dghts of way. A screening plan shall be submitted for review and approval by the Community Development Director and Building Official pdor 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. 20 All trash enclosure areas shall be constructed PW, PL BLDG with roof coverage on concrete pads. A ten foot concrete plan shall be provided outside an)/trash enclosure area. 21 Service areas shall be propedy maintained. All PL Ongoing trash cans must be stored inside the service yard at all times. 22 Building Plans shall be coordinated through the PL, B BLDG Office of the Project Coordinator, SGPA, pdor to submittal to the City. 23 All masonry walls, including screen walls shall PL, B BLDG have masonry caps instead of metal. PUBLIC WORKS: 24 Detailed dimensioned improvement plans PW IMPRO, (including grading, utility and erosion control) BLDG will be required to be approved by the Director of Public Works pdor to issuance of grading and building permits. 25 Improvement Plans shall be coordinated PW IMPRO through the Office of the Project Coordinator at ~-. SGPA prior to submittal of the Plans to the City ~ for review. 6 ~NO ..... CONDITION TEXT ........ RESPON WHEN MATRIX RESPONSES TO AGENCY REQ. INDEX CONDITIONS (for applicant) 26 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 prior to the issuance of a building permit. 27 Roof drains shall empty directly into the storm PW ongoing drain system. The Applicant shall comply with all National Pollution Discharge Elimination System regulations and requirements at all times dudng construction. , , . 28 Analysis of the on,site storm drainage shall PW GRAD evaluate a 100 year .storm event in order to establish minimum floor elevations. 29 The first project that gets a buildir~g permit at PW GRAD Hacienda Crossings will be required to construct frontage improvements (sidewalk and landscaping along Dublin Boulevard and Hacienda Drive) and the signal atthe Hacienda Drive entrance to the shopping center. PUBLIC SAFETY 30 Applicant shall modifY the site Plan to include a PW, PO, BLDG safe passenger drop off area adjacent to PL Macaroni Grill. This drop off area shall consist of a turn out 40' long by 12' wide along the building frontage near the main entrance- or -~ some other solution acceptable to City s, taff. 31 A final pedestrian circulation plan shall be PL, PW BLDG submitted 'for approval when the site plan for the Center has been finalized. 32 Construction of the project shall be conducted I~L' BLDG in such a manner as to prevent potential conflicts with pedestrian and vehicular traffic. ,,. 33 ' Pdor to delivery of combustible materials, the F, DSR',' B BLDG required water storage and pressure shall be available at the site to the satisfaction of Alameda County Fire. Developer should note that the present intedm water system is capable of providing a maximum of 3,500 gallons per minute of fire flow to the site. 34 Dudng construction, access shall be,provided F, 'PW BLDG to all areas of the site, completely around structures. The access road shall be 20 feet wide compacted 95% paved roadway or equivalent. 7 NO CONDITION TEXT RESPON WHEN MATRIX RESPONSES TO AGENCY REQ. INDEX CONDI~ONS (for ,applicant) 35 Dudng construction combustible or flammable F Ongoing waste materials or rubbish of any kind shall be permitted on any yard, vacant lot or open ~,,~ space. 36 The applicant shall work with the Dublin Police PO, PL BLDG Department on an ongoing basis to establish an effective theft prevention and security program. The restaurant shall comply with any secudty plan developed for the Hacienda Crossinc, ts Commercial Center. 37 The Developer and/or Property Owner shall PL, PO BLDG & keep the site clear of graffiti vandalism on a Ongoing regular and continuous basis at all times. Graffiti resistant paints for the structures and film for windows or glass should be used. Any graffiti appearing on the building shall be removed within one week from notice by the City of the problem. 38 Permits shall be required for oversized and/or PW, B Ongoing 268 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. 39 Employee exit doors shall be equipped with 180 degree viewers if there is not a burglary resistant window panel in the door. 40 Extedor lighting shall be provided and shall be PW, PO, BLDG of a design and placement so as not to cause PL glare onto adjoining properties or onto adjacent roads. Lighting used after daylight hours shall be adequate to provide for secudty needs (1.5 foot candles). Exterior 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 buildincg permits. LANDSCAPING 41. A final detailed Landscape and Irdgaticm Plan PL, DSR, BLDG. (at 1 inch = 20 feet or larger), along with a cost PW 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 8 · NO CONDITION TEXT RESPON WHEN MATRIX RESPONSES TO AGENCY! REQ. / INDEX CONDITIONS (for applicant) 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 s~,stem. 42. Landscaping shall extend to the face of curb or PW, PL IMPRO to aggred upon match lines set b3/Opus Hacienda Crossings Phase 10ffsite Improvement Plans. 43. The Applicant shall complete and submit to the PL BLDG Dublin Planning Department the Standard Plant Material, Irrigation and Maintenance Acgreement., 44. Landscaping shall be kept tdmed to facilitate PO. Onoing police surveillance and customer security. MISCELLANEOUS: 45. Known water wells filed with Zone 7 and Z7, PW GRAD without a document of intent of future use are to be destroyed pdor to any demolition or construction activity in accordance with a well destruction permit obtained from Zone 7. 46. The Developer and/or Alameda County shall PW, Z7 0CC " map the extent and depth of ovedand flood flows from Tassajara Creek in the event of the 100 year flood. The Developer shall mitigate - the potential for flooding of buildings should they be affected. Mitigation may include raising the height of the west berm along Tassajara Creek, flood proofing buildings or providing an overflow into the storm drainage system at the south-west comer of the project. Mitigation shall be completed prior to final inspection of the first building. 47. The use of anY temporary construction fencing PW, B BLDG shall be made subject to the review and approval of the Public Works Director and the Buildinc.:.:g Official. 48. Pdor to opening for business, Macaroni Gdll FIN OCC 4K shall provide a list to the City of the number, type and salary level of employees for the business in order for the City to implement the required housing and employment monitoring system required by the EDSP. 9 NO CONDITION TEXT RESPON WHEN MATRIX RESPONSES TO AGENCY REQ. INDEX CONDIT~O'NS (for applicant) 49. To apply for building permits, the Applicant B, PL BLDG shall submit six (12) sets of construction plans to the Building Department for plan check. Each set of plans shall have attached an copy ~i of these Conditions of Approval with Responses to Conditions filled in (see this · chart) indicating where (on the plans) or how the condition is satisfied. The notations shall cleady indicate how all Conditions of Approval will be complied with. Construction plans will not be accepted without the annotated conditions attached to each set of plans. The Applicant will be responsible for obtaining the approvals of all participating non-City agencies prior to the issuance of building! permits. 50. Use of Herbicides or rodenticides should only PW, B Ongoing 221 be used in consultation with review by a biologist to ensure sensitive species are not at dsk. 51. Pdor to the issuance of building permits for the PL, PW, BLDG 289 project, Phase I (and if necessary Phase II) B ienvironmental site assessments shall be made available to the Community Development Director, with appropriate documentation that all recommended remediation actions have been completed. ---- 52. Measures shall be taken to contain all B, PW Ongoing "~' construction debds, trash and materials on-site until disposal off-site can be arranged. The Applicant shall keep adjoining public streets and properties free and clean of project dirt, mud, and materials dudng the construction period. The Applicant shall be responsible for corrective measures at no expense to the City of Dublin. PASSED, APPROVED AND ADOPTED this 16th day of June, 1998. AYES: · Councilmembers Barnes, Burton, Howard, Lockhart andMayor Houston NOES: None AB SENT: None ABSTAIN: None ! C~zty Clerk ~ K2/G/cc-mtgs/6- 16-98/reso-raac.doc ATTEST: G:~Pg.95-034~ccres 10