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HomeMy WebLinkAboutReso 127-97 SDR Mimi CafeRESOLUTION NO. 127 - 97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING PA 97-029, MIMI'S CAFE SITE DEVELOPMENT REVIEW, A PORTION OF THE HACIENDA CROSSINGS ENTERTAINMENT CENTER WHEREAS, Swit Corp., has requested approval of a Site Development Review application for a restaurant on pad F1 at Hacienda Crossings; and WHEREAS, the Planned Development that was approved for this site requires that the application for Site Development Review be approved by the City Council at a public meeting; and WHEREAS, the Site Development Review for the site is a component of the Santa Rita Commercial Center Project. That project is within the scope of the Eastern Dublin Specific Plan and General Plan Amendment, for which a Program EIR was certified (SCH 91103064). A Mitigated Negative Declaration (SCH 94113020) has been approved for the Santa Rita Commercial Center Project. That Mitigated Negative Declaration together with the Program EIR adequately describes the total project for the purposes of CEQA; and WHEREAS, there have not been any identified changes in the Santa Rita Conunercial 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 E[R; and WHEREAS, a restaurant is a permitted use under the Planned Development District for this site; and WHEREAS, the City Council held a public meeting on said application on October 21, 1997; 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 thatthe City Council of the City of Dublin does hereby find that: Ao The approval of this application (PA 97-029) is consistent with the intent/purpose of Section 8-95.0 (Site Development Review) of the Zoning Ordinance. Bo 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 Kegulations for PA 94-001 which would allow a restaurant as a permitted use at this location. Co The approval of this application, as conditioned, is consistent with the design review ~ requirements in the Eastern Dublin Specific Plan and the City of Dublin Zoning Ordinance as in effect prior to the adoption of Ordinance 20-97. 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. Fo The approval of this application, as conditioned, is in the best interests of the public health, safety and general welfare as the development is consistent with all laws and ordinances and implements the Eastern Dublin Specific Plan. 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. H° 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 97- 029, Site Development Review for the Mimi's Cafe, a portion of the Hacienda Crossings Entertainment Center, as generally depicted by materials labeled Exhibit 1 of the Staff Report, as well as the color elevations, displays, model, perspectives and material board, stamped approved and on file with the Dublin Planning Department, subject to the following conditions: CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits and shall be subject to Planning Department review and approval. The following_ codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval. [PL] Planning, [B] Building~ [PO] Police, [PW] Public Works, [ADM] Administration/City Attorney, [FIN] Finance, [F] Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [CO] Alameda County_ Department of Environmental Health, [Z7] Zone Seven. 2 CONDITION TEXT RESPON WHEN MATRIX REQ. INDEX AGENCY GENERAL CONDITIONS Except as specifically modified elsewhere, PA 97-029 PL Ongoing Mimi's Cafe Site Development Review is approved for the construction of 6,500 sq.11., restaurant at Hacienda Crossing Center. This approval shall generally conform to the plans labeled Exhibit 1, consisting of 6 sheets, prepared by STDA Architects and Stan Smith, Landscape Architects, dated received September 30, 1997, and a color and material board dated received by the Planning Department on August 25, 1997, and stamped approved. The Applicant is responsible for those Conditions of PL On~joing Approval of Resolution No. 6-95 for PA 94001, the Santa Rita Commercial Center Planned Development Rezone; those obligations of the Development Agreement Between the City of Dublin and Homart Development Co. and Surplus Property Authority of the County of Alameda for the Tri-Valley Crossings Project/Santa Rita Commercial Center, adopted by Ordinance No. 3-95 for which the Applicant is responsible; the Conditions of Approval of PA97-003, Phase !, Regal Theater Site Development Review, and Phase 2, where applicable; the Conditions of Approval of Resolution No. 3-95 (of the Planning Director) and Resolution No. 4-97 (of the Community Development Director for PA Nos. 95-013 and 97-003 approving Tentative Parcel Map 6879 and 7116, and any amendments thereto relating to zoning regulations, subdivision, and improvement of the property. The Applicant is responsible for complying with all PL Ongoing applicable mitigation measures of the Santa Rita Commercial Center Project Mitigation Monitoring Plan approved by the City Council on January 23, 1995, relating to the subdivision and associated improvements of the project site. Minor modifications to location and size of buildings on PL Ongoi'ng the site plan may be approved by the Community Development Director. Modifications that improve the quality of materials may be approved by the Community Development Director. Modifications to overall design concepts and/or reduction in quality of materials may be made by the City Council. 3 N CONDITION TEXT RESPON WHEN MATRIK O REQ. INDEX AGENCY 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 City of PL, PW, PM & Dublin Site Development Review Standard Conditions, PO BLDG City of Dublin Public Works Typical Conditions of Approval for Subdivisions, and City of Dublin Non- Residential Security Requirements. In the event of conflict between any of these conditions and the attached conditions, these Conditions shall prevail. (Exhibit 4 to the Staff Report). 7 Approval of this Site Development Review shall be validPL Ongoing for one year, until October 21, 1998. if construction has not commenced by that time, this approval shall be null and void. The approval period for the Site Development Review may be extended six (6) additional months (Applicant must submit a written request for the extension prior to the expiration date of the permit) by the Community Development Director upon the determination that the conditions of approval remain adequate to assure that the above stated findings of approval will continue to be met. __~ 8 The permit shall be revocable for cause in accordance PL Ongoing with Section 8-961 of the Dublin Zoning Ordinance, effective 10/3/97. Any violation of the terms or conditions of this Site Development Review approval ma)/be subject to the issuance of a citation. 9 Prior.to the issuance of building permit all applicableB, PL, BLDG 45-59, fees shall be paid. These fees shall include, but not be ADM 119, limited to, those fees required by City Ordinances such 286, 165 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 Tri-Valtey 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 prior 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 be calculated at the time of issuance of Building permit. In addition, all fees required by DSRSD, DRFA or its successor, Zone 7, shall be paid in accordance with those Agencies' ordinances and regulation, s. If the 4 ;N CONDITION TEXT RESPO'N WHEN MATRIX O REQ. INDEX AGENCY development agreement approved for this project' conflicts with this condition, the development agreement shall prevail. 10 The Developer shall comply with applicable Alameda F, PW, Ongoing 8, 18, County Fire Department, Public Works Department, PO, Z7, 20, 120, Dublin Police Service, Alameda County Flood Control DSR, PL 122, District Zone 7 and Dublin San Ramon Services District 138, 155 requirements or as determined based on specific characteristics of the theater. Prior to the issuance of building permits applicant shall provide documentation that all such requirements have been met. SlGNAGE 11 Any signage on the s'ite shall be in accordar;ce with an PL Ongoing , approved Master Sign Pro.gram. UTILITIES 12 The restaurant shall institute a solid waste recycling ADM Ongoing 103 program. 13 City Staff shall review and approve a utility siting plan PW, PL GRAD showing that transformers and service boxes are placed outside of public view where possible and/or screened. 14 Building plans shall include water efficient fixtures to B BLDG 125 City standards. PARKING 15. All parking shall conform generally to the plans shown PW, PL BLDG on Exhibit 1. Prior to issuance of building permit a detailed parking plan shall be submitted. Public parking spaces shall be double-striped with 4-inch wide stripes set approximately 2 feet apart as shown on the "Typical Parking Striping Detail" available in the Planning Department. Handicapped, visitor, employee and compact parking spaces shall be appropriately identified on the pavement and designated on the parking plan. 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. 16. Bicycle parking shall be provided near all building PL, PW BLDG entries ARCHITECTURE 17 All ducts, meters, air conditioning equipment and otherPL, B BLDG mechanical equipment that is on-site or roof mounted shall be screened from view of all public rights of way. A screening plan shall be submitted for review and 5 N CONDITION TEXT RESPON WHEN MATRIX O REQ. INDEX AGENCY approval by the Community Development Director and Building Official prior to approval of Building Permit. Said screening plan shall show that all ducts, meters, air conditioning equipment and other mechanical and utility equipment shall be effectively screened from view with materials architecturally compatible with the materials of the structure. 18 All trash enclosure areas shall be constructed with roof PW, PL BLDG coverage on concrete pads. A ten foot concrete plan shall be provided outside any trash enclosure area. 19 Service areas shall be properly maintained. All trash PL Ongoing cans must be stored inside the service yard at all times. 20 All masonry walls, including screen walls shall have PL, B BLDG · masonry caps instead of metal. PUBLIC WORKS: 21 Analysis of the on-site storm drainage shall evaluate aPW GRAD 100 year storm event in order to establish minimum floor elevations. 22 The first project that gets a building Permit at Hacienda PW GRAD Crossings will be required to construct frontage improvements (sidewalk and landscaping along Dublin Boulevard and Hacienda Drive) and the signal at the Hacienda Drive entrance to the shopping center. PUBLIC SAFETY 23 Afinal pedestrian circulation plan shall be submitted for PL, PW BLDG approval when the site plan for the Center has been finalized. 24 Construction of the project shall be conducted in such a PL BLDG manner as to prevent potential conflicts with pedestrian and vehicular traffic. 25 Prior to delivery of combustible materials, the required F, DSR, BLDG water storage and pressure shall be available at the B site to the satisfaction of Alameda County Fire. Developer should note that the present interim water system is capable of providing a maximum of 3,500 gallons per minute of fire flow to the site. 26 During construction, access shall be provided to all F, PW BLDG areas of the site, completely around structures. The access road shall be 20 feet wide compacted 95% paved roadway or equivalent. 27 During construction combustible or flammable waste F Ongoing materials or rubbish of any kind shall be permitted on any yard, vacant lot or open space. 28 A security system is highly recommended for this PL, PO BLDG- restaurant. 6 ,~1__ CONDITION TEXT RESPON WHEN MATRIX REQ. INDEX AGENCY 29 The Developer and/or Property Owner Shall keep the PL, PO BLDG & site clear of graffiti vandalism on a regular and Ongoing 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. 30' 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 re~i, onal non-proiect traffic movement. 31 'Exterior lighting shall be provided and shall be of a PW,' PO, BLDG design and placement so as not to cause glare onto PL adjoining properties or onto adjacent roads. Lighting used after daylight hours shall be adequate to provide for security needs (1.5 foot candles). Exterior lighting shall be provided around the entire perimeter of the buildings to provide "wash" security lighting of doorways. Lighting shall be required at each exit door. A lighting plan shall be approved prior to the building permiL LANDSCAPING , I 32. A final detailed Landscape'and Irrigation'Plan (at 1 inch PL, DSR, BLDG. = 20 feet or larger), along with a cost estimate of the PW work.and materials proposed, shall be submitted for review and approVal by the Planning Department. Landscape and Irrigation Plans shall be signed by a licensed landscape architect. Final landscape plans shall indicate the common and botanical names, container size, growth rate and number of each plant and all other requirements listed in the Planned Development Zoning District for the site. Landscaping shall be chosen for its compatibility with recycled water. Landscape and irrigation plans shall provide for a recycled water system. 33. The Applicant shall complete and sUbmit to th(~ DublinPL BLDG Planning Department the Standard Plant Material, Irrigation and Maintenance Agreement. 7 N CONDITION TEXT RESPON WHEN MATRLX O REQ. INDEX AGENCY MISCELLANEOUS: 34. Known water wells filed with Zone 7 and without a Z7, PW GRAD document of intent of future use are to be destroyed prior to any demolition or construction activity in accordance with a well destrUction permit obtained from Zone 7. 35. The Developer and/or Alameda County shall map the PW, Z7 OCC extent and depth of overland 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. 36. The use of any temporary construction fencing shall be PW, B BLDG made subject to the review and approval of the Public Works Director and the Buildincj Official. 37. Prior to opening for business, Mimi's Cafe shall provide FIN OCC 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 Eastern Dublin Specific Plan. 38. To apply for building permits, the Applicant shall submit B, PL BLDG six (9) sets of construction plans to the Building Department for plan check. Each set of plans shall have' attached an annotated copy of these Conditions 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 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. 39. Use of Herbicides or rodenticides should only be used PW, B Ongoing 221 in consultation with review by a biologist to ensure sensitive species are not at risk. 40. Prior to the issuance of building permits for the project, PL, PW, BLDG 289 Phase I (and if necessary Phase II) environmental site B assessments shall be made available to the Community Development Director, with appropriate documentation that all recommended remediation actions have been completed. ,, 8 'N CONDITION TEXT RESPON WHEN MATRIX O REQ. INDEX AGENCY 41. Measures shall be taken to contain all construction B, PW Ongoing debris, 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 during the construction period. The Applicant shall be responsible for corrective measures at no expense to the City of Dublin. 42. A structural control, such as an oil/water separator, PW, B BLDG 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. PASSED, APPROVED AND ADOPTED this 21th day of October, 1997. AYES: Councilrnembers Barnes, Burton, Howard, Lockhart and Mayor Houston NOES: None AB SENT: None ABSTAIN: None G:XPA97-029~:xes K2/G/10-21-97/resornirnL doc 9