HomeMy WebLinkAboutPC Reso 93-34 PA93-028 Burger King SDRRESOLUTION NO. 93 - 034
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
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APPROVING PA 93-028 BURGER KING SITE DEVELOPMENT REVIEW APPLICATION TO
CONSTRUCT A NEW 2,897 SQUARE FOOT FAST FOOD AND DRIVE THROUGH
RESTAURANT AND THE VOLUNTARY CONTRIBUTION OF TRAFFIC IMPROVEMENT FUNDS
IN THE AMOUNT OF $20,878 LOCATED AT 6921 REGIONAL STREET
WHEREAS, Matthew Schoenberg of Sydran Food Services, L.P.
requests Conditional Use Permit and Site Development Review approval
to demolish an existing building and to construct a new 2,897 square
foot fast food and drive through restaurant with outdoor eating/
seating/playground area, landscaping, parking and signage; install a
20 foot wide right turn lane on Dublin Boulevard; and voluntarily
contribute traffic improvement funds in the amount of $20,878; and
WHEREAS, the Planning Commission did hold a public hearing on
said application on August 16, 1993; and
WHEREAS, proper notice of said public hearing was given in all
respects as required by law; and
WHEREAS, the application has been reviewed in accordance with the
provisions of the California Environmental Quality Act (CEQA) and a
Negative Declaration has been adopted (Planning Commission minute
action). This project will not have a significant effect on the
environment; and
WHEREAS, the Staff Report was submitted recommending that the
application be conditionally approved; and
WHEREAS, the Planning Commission did hear and consider all said
reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning
Commission does hereby find that:
A. The approval of the application is consistent with the
intent/purpose of Section 8-95.0 Site Development Review.
B. The approval of the application, as conditioned, complies
with the General Plan, the Downtown Specific Plan and with
the C-1, Retail Business District Regulations and the
General Requirements established by the Zoning Ordinance.
C. The approval of the application, as conditioned, is in the
best interests of the public health, safety and general
welfare.
D. The proposed site development, including site layout,
vehicular access, circulation and parking, setbacks, height,
walls, public safety and similar elements has been designed
to provide a desirable environment for the development.
,.,~.._.
E. Architectural considerations, including the character, scale
and quality of the design, the architectural relationship
with the site and other buildings, building materials and
colors, screening of exterior appurtenances, exterior
lighting, and similar elements have been incorporated into
the proposed building and playground facility in order to
insure compatibility of this development with the
development's design concept or theme and the character of
adjacent buildings and uses.
F. 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.
G. The approval of this Site Development Review will be
consistent with the policies set forth in the Dublin General
Plan and the Downtown Specific Plan.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does
hereby conditionally approve PA 93-028 Site Development Review as
shown on Exhibit A, stamped approved and on file with the Dublin
Planning Department and subject to the approval of the related
Conditional Use Permit and to the following conditions:
CONDITIONS OF APPROVAL:
Unless stated otherwise, all Conditions of A proval shall be complied
with prior to the issuance of building permits or establishment of
use, and shall be subject to Planning Department review and approval.
The following codes represent those departments/agencies responsible
for monitorinq_ com liance of the conditions of approval. [PL]
Planning, [B] Building, [PO] Police, [PW] Public Works, [ADM]
Administration/City Attorney, [FIN] Finance, [F] Dougherty Regional
Fire Authority, [DSR] Dublin San Ramon Services District,
County Department of
Disposal Service.
GENERAL PROVISIONS
[CO] Alameda
LDD~ Livermore Dublin
1. This approval is for PA 93-028 Burger King Restaurant Site
Development Review to demolish an existing building and construct
a new 2,897 square foot fast food and drive through restaurant
with an outdoor playground, landscaping, parking and signage,
install a 20 foot wide right turn lane on Dublin Boulevard and
voluntarily contribute traffic improvement funds in the amount of
$20,878.
Except as may be specifically modified or elaborated upon by the
conditions listed below, development shall generally conform with
Exhibit A, the plans prepared by Rauschenbach Marvelli Becker,
Architects consisting of 20 sheets dated received April 26,
July 7, and July 16, 1993, stamped approved and on file with the
Dublin Planning Department. (PL]
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Environmental Health
2. The Applicant shall comply with all applicable City of Dublin
Site Development Review Standard Conditions (see Attachment).
[PL]
SIGNS
3. Signs approved under this Site Development Review shall generally
conform to the following dimensions: [PL]
a. One internally illuminated, individual letter, single faced
"Burger King" wall sign (Primary Building Frontage - North
Elevation)
Maximum Sign Area: 22.7 square feet
Maximum Sign Height: 1.6 feet
Maximum Sign Length: 14.2 feet
b. Two internally illuminated, single faced, cabinet, logo wall
signs (Secondary Building Frontages - West and East
Elevations)
Maximum Sign Area: 16 square feet
Maximum Sign Height: 4 feet
Maximum Sign Length 4 feet
c. One internally illuminated, three sided, freestanding logo
sign
Maximum Sign Area: 48 square feet
Maximum Sign Height: 11.8 feet
Minimum Setback From
Regional Street and
Dublin Boulevard Street
Curbs: 15 feet
d. One internally illuminated, single faced menu board sign
Maximum Sign Area: 26.4 square feet (6 feet long x 4.4
feet high)
Maximum Sign Height: 6.4 feet
e. Five internally illuminated double faced vehicular
directional signs
Maximum Sign Area: 4 square feet (per face); 8 square
feet total
Maximum Sign Height: 5.5 feet
VOLUNTARY TRAFFIC IMPROVEMENT FUNDS
4. The Applicant's voluntary contribution of the traffic improvement
funds in the amount of $20,878 as identified in the Applicant's
project description, shall be paid by the Applicant prior to
issuance of building permits. [PL, PW, FIN]
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ARCHITECTURAL
5. Exterior colors and materials for the proposed building shall be
subject to final review and approval by the Planning Director.
All ducts, meters, air conditioning equipment, roof-mounted
mechanical equipment and all other mechanical equipment on the
structure shall be effectively screened from view with materials
architecturally compatible with the materials of the existing
structure. The Applicant shall comply with the colors and
material sample board submitted and reviewed by the Planning
Director, prior to issuance of building permits. [PL, B]
6. All roof-mounted mechanical equipment shall be screened from off-
site view. [PL, B]
PARKING/CIRCULATION
7. The Applicant shall submit a parking lot striping plan subject to
review and approval by the Planning Director. All parking spaces
shall be double-striped (four inch wide stripes set approximately
two feet apart, see Attachment). Handicapped, customer, employee
and compact parking spaces shall be appropriately identified on
the pavement and designated on the parking plan. [PL]
8. Handicapped ramps and parking stalls shall be provided and
maintained as required by the State of California Title 24
provisions. [PL, B]
9. All on site pedestrian walkways shall maintain a minimum 4 foot
unobstructed width. [PL]
10. All landscape fingers and islands adjacent to parking stalls
shall maintain a minimum 1 foot wide raised curb or equivalent to
facilitate pedestrian access. [PL]
11. All landscape planters and end islands within the parking area
shall maintain at least a 3 foot curb radius to facilitate
vehicular maneuvering. [PL)
LANDSCAPE AND IRRIGATION PLANS
12. Prior to issuance of building permits, the Applicant shall comply
with the City of Dublin's Water Efficient Landscape Ordinance
(see Attachment}. [PL]
13. 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 plans
shall indicate the common and botanical names, container size,
growth rate and number of each plant. All landscaping, as shown
on the Landscape and Irrigation Plan, shall include drought
tolerant vegetation. [PL]
- 4 -
14. The final landscape plan shall be generally consistent with
preliminary landscape plans prepared by Rauschenbach Marvelli
Becker, Architects dated received by the Planning Department
April 26, 1993 (Exhibit A). [PL]
15. Landscaping shall not obstruct the sight distance of motorists,
pedestrians or bicyclists. Except for tree trunks, landscaping
at drive aisle intersections shall not be taller than 30 inches
above the curb. [PL, PW]
16. The Applicant shall complete and submit to the Dublin Planning
Department the Standard Plant Material, Irrigation and
Maintenance Agreement (attached}. [PL]
T,TC,HTTNCt
17. Exterior lighting shall be provided and shall be of a design and
placement so as not to cause glare onto adjoining properties or
onto Regional Street and Dublin Boulevard. Lighting used after
daylight hours shall be adequate to provide for security needs
(1.5 foot candles). Wall lighting around the entire perimeter of
the building shall be supplied to provide "wash" security
lighting. The Applicant shall provide photometrics and cut
sheets subject to the review and approval of the Planning
Director. [PL, B, PO]
POLICE SECURITY
18. As required by the Dublin Police Department, all security
hardware for the new building must comply with the City of Dublin
Non-Residential Security Requirements (City Ordinance No. 21-89;
see Attachment). Security hardware must be provided for doors,
windows, roof, vents, skylights and roof ladders. [PL, PO, B]
19. Signage requiring adult supervision in the playground area shall
be installed in the dining room and play area. [PO]
20. The spacing between the wrought iron fencing rungs surrounding
the playground area shall be small enough to avoid accidental
trapping or escaping of small children. [PO, B]
21. There shall be only one ingress and egress to the playground area
through the dining area only, with an additional locked
"emergency exit only" gate near the parking area that would
typically remain locked. [PO, B]
22. The Applicant shall work with the Dublin Police Department prior
to submittal of building plans and on an ongoing basis to
establish an effective theft prevention and security program.
[PO]
23. Written documentation that all Police Department requirements
have been complied with shall be submitted to the Planning
Director prior to issuance of building permits. [PL, B]
- 5 -
_. _ __ _ ___ .. __ _ . _ . . _._ _. ,.w,,_.. , ..
FIRE PROTECTION
24. The Applicant shall comply with all applicable requirements of
the Dougherty Regional Fire Authority (DRFA), including painting
appropriate curbs red and posting "No Parking" signs. [F, PL]
25. Prior to issuance of a building permit, a Fire Impact Fee in the
amount of $1,200 shall be paid in accordance with DRFA
requirements. [F, B]
26. Prior to issuance of a building permit, the Applicant shall
supply written confirmation that the requirements of DRFA have
been, or will be, met. [F, B, PL]
WATER AND SEWER SERVICES
27. All applicable water and sewer connection fees shall be paid by
the Applicant prior to issuance of a building permit. [DSR, B]
28. Prior to issuance of a building permit, the Applicant shall
provide written documentation that the requirements of the Dublin
San Ramon Services District have been, or will be, met. [DSR, B,
PL]
DEBRIS/DUST/CONSTRUCTION ACTIVITY
29. Measures shall be taken to contain all trash, construction
debris, and materials on-site until disposal off-site can be
arranged. The Applicant shall keep adjoining public streets 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. Areas
undergoing grading, and all other construction activities, shall
be watered, or other dust palliative measures used, to prevent
dust, as conditions warrant. [PW, B, PL]
DISPOSAL SERVICE
30. The design of the trash enclosure(s) shall reflect dimensional
criteria deemed acceptable by the Livermore Dublin Disposal
Service, and shall incorporate use of a 10' x 10' concrete apron
in front to facilitate the District's mechanical pick-up service.
Trash enclosure gates shall be hinged on the outside of the
enclosure to reduce gate damage. If wooden doors are utilized,
the doors shall be trimmed with a heavy metal lip. Raised
concrete curbing shall be provided inside the trash enclosure
area to serve as wheel stops for metal trash bins to protect the
interior walls of the enclosure. Colors and materials of the
trash enclosure(s) shall be architecturally compatible with the
main structure subject to Planning Director review and approval.
[PL, B]
ACCESS AND PARKING EASEMENT
31. The Applicant shall provide the Planning Director a recorded
access and parking lot easement agreement between the Burger King
Site and the adjacent shopping center (APN 941-1500-44) for
- 6 -
review and approval prior to issuance of building permits. [PL,
Pw]
DRAINAGE/GRADING
32. The Applicant/Developer shall submit a grading, drainage and
improvement plan {completed on the City's standard title block
mylar) subject to review and approval of the City Engineer. A
grading permit shall be required for site grading and drainage.
[PW]
33. The area outside the building addition shall drain outward at a
2~ minimum slope for unpaved areas and a 1~ minimum in paved
areas. [PW]
34. Roof drains shall empty into approved dissipating devices. Roof
water, or other concentrated drainage, shall not be directed onto
adjacent properties, sidewalks or driveways. No drainage shall
flow across property lines. Downspouts shall drain through the
curb of the concrete walks around the building. [PW, B]
35. Where storm water flows against a curb, a curb with gutter shall
be used. The flow line of all asphalt paved areas carrying water
shall be slurry sealed at least three feet on either side of the
center of the Swale. [PW]
36. All catch basins within paved areas not against curb and gutter
shall be a 3 foot concrete apron around all sides of the inlet
per City of Dublin Standard Plans. [PW]
ON SITE IMPROVEMENTS
37. All damaged on-site existing pavement sections shall be repaired
or replaced as directed by the City Engineer. [PW]
38. To facilitate traffic movement, the first parking space at the
project site's northern entrance (adjacent to Dublin Boulevard)
shall be removed and replaced with landscaping as depicted on
Exhibit A. [PW, PL]
PUBLIC IMPROVEMENTS
39. An encroachment permit shall be secured from the City Engineer
for any work done within the public right-of-way. [PW]
40. All improvements within the public right-of-way, including curb,
gutter, sidewalks, driveways, paving and utilities, shall be
constructed in accordance with approved standards and/or plans
and may be constructed only after an encroachment permit has been
issued. [PW]
41. The Developer shall be responsible for correcting deficiencies in
the existing frontage improvements to the satisfaction of the
City Engineer. [PW]
42. Any relocation of improvements or public facilities shall be
accomplished at no expense to the City. [PW]
- 7 -
43. The Applicant shall install 5 foot flat flares on all driveways.
[PW]
MISCELLANEOUS
44. The Applicant shall comply with all applicable requirements of
the Building Department. [B]
45. Building permits for the project shall be secured and
construction commenced within one year after the effective date
of this approval or said approval shall be void. This one year
period may be extended an additional six (6) months after the
expiration date of this approval (Applicant must submit a written
request for the extension prior to the expiration date of the
permit) by the Planning 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. [B, PL]
46. Prior to issuance of building permits, the Applicant shall submit
for review and approval a final site plan (1" = 20') in
conformance with the Conditions of Approval. Said plans shall be
fully dimensioned (including building elevations), accurately
drawn (depicting all existing and proposed conditions at site),
and prepared and signed by a licensed civil engineer, architect
or landscape architect. The site plan, landscape plan and
details shall be consistent with each other. [PL]
47. The permit shall be revocable for cause in accordance with
Section 8-90.3 of the Dublin Zoning Ordinance. Any violation of
the terms or conditions of this approval shall be subject to
citation. [PL]
48. To apply for building permits, the Applicant shall submit six (6}
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. [B, PL]
PASSED, APPROVED AND ADOPTED this 16th day of August, 1993.
AYES: Commissioners
NOES: None
ABSENT: Comissioners
Downey, North and Zika
Burnham and
Rafanelli
c
lannin Commissio Chairperson
ATTEST:
~~
Planning Director
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