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HomeMy WebLinkAboutReso 022-96 Caffino SDRRESOLUTION NO. 22 - 96 A RESOLUTION OF TItE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING PA 95-040 CAFFINO, INC. SITE DEVELOPMENT REVIEW LOCATED AT 7360 SAN RAMON ROAD WBEREAS, Caffino Inc., submitted an application requesting approval of a Specific Plan Amendment to modify Area 3 of the San Kamon Road Specific Plan to allow drive-in and drive-through restaurants as a conditional use; a Conditional Use Permit to allow a drive-in or drive-through restaurant, which serves food for consumption in a short amount of time; and to allow the alteration or expansion of a pre-existing use; and a Site Development Review to construct a 220 + square foot drive-through espresso bar/kiosk at 7360 San Kamon Road; and WltF~REAS, the Planning Commission did hold a public heating on said Site Development Review application on January 16, 1996; and did adopt Resolution No. 96-03, recommending that the City Council adopt the Draf[ Resolution approving the Site Development Review for PA 95-040, Caffino, Inc.; and WltF~REAS, proper notice of said hearing was given in all respects as required by law; and WIIEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and a Negative Declaration has been prepared for this project as it will not have a significant effect on the environment; and WItEREAS, the Staff Report was submitted recommending that the Site Development Review application be conditionally approved; and WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find that: A. The approval of this project is consistent with the intent/purpose of Section 8-95.0 SITE DEVELOPMENT REVIEW of the Zoning Ordinance. B. The approval of this project, as conditioned, complies with the General Plan, the San Ramon Road Specific Plan, as ammended, the C-1 District regulations and the general requirements established in the Zoning Ordinance. C. The approval of this project, 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 have been designed to provide a desirable environment for the development. E. Architectural consideration, 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 project 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 will be considered to' insure visual relief and an attractive environment for the public. BE IT FURTHER RESOLVED that the Dublin City Council does hereby conditionally approve PA 95-040, Caffino Inc. Site Development Review application, as generally depicted by materials labeled 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 Approval 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 monitoring compliance of the conditions of approval. [PL] Planning, []3] Building, [PO] Police, [PW] Public Works, [ADM] Administration/City Attorney. [FIN] Finance, [F] Dougherty Regional Fire Authority, [DSR] Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health, [Z7] Zone Seven. GENERAL This Site Development Review approval for PA 95-040 is to allow for the construction of a 220 + square foot drive-up espresso bar/kiosk to be located on the undeveloped portion of property directly in front of the Workbench True Value Hardware store, located at 7360 San Ramon Road in the C-1, Retail Business District. This approval shall generally conform to the revised plans prepared by Johnson Lyman Architects, dated received by the Planning Department on December 26, 1995, consisting of 3 sheets labeled Exhibit A, stamped approved and as modified by the conditions of this Resolution. [PL] The placement of the espresso bar/kiosk structure must be located at least 50 feet from the known earthquake fault trace of the Calaveras Fault, identified by the geotechnical report prepared by Hallenbeck & Associates on June 23, 1995. [B, PL] , The Applicant shall comply with all applicable City of Dublin Site Development Review Standard Conditions and the City of Dublin Non-Residential Security Requirements (Exhibits H and I). [PL] All signs for the espresso bar/kiosk structure and use shall be subject to the requirements of the sign regulations of the Zoning Ordinance. [PL] PUBLIC WORKS Prior to the issuance of a' building permit, the Applicant shall pay the amount of $1,097.00, payable to the City of Dublin, as voluntarily agreed upon by the Applicant, to mitigate traffic impacts. [PW, B] The project shall conform to requirements of the City of Dublin "Typical Public Works Conditions of Approval for Commercial/Industrial Site Development Review or Conditional Use Permit Development" and "City of Dublin Improvement Plan General Notes" (Exhibit J). [PW] The Applicant shall have a land survey prepared of the subject site to accurately determine the location of the property line along San Ramon Road. Said survey shall be submitted for review by the Public Works Director prior to the issuance of a building permit. [PW, B] The Applicant shall purchase or provide the funds for the purchase from the City of Dublin, with approval by the City Council, the existing portion fight-of-way property directly in front of the Sleep Shop parcel (Assessors Parcel Number 941-040-2-10) for landscaping and drive-through aisle-way improvements. Said portion of right-of-way property shall be merged with either of the existing lots (APN 941-040-2-10, Perkins; or APN 941-040-2-3, Nichandros) with approval of the property owners and the merger shall be subject to the review and approval of the Public Works Director. [PW] 2 The Applicant shall submit a grading, drainage, striping and improvement plan subject to review and approval by the Public Works Director. If needed, a grading permit shall be required for site grading and drainage. [PW] 10. 11. Roof drains shall empty into approved dissipating devices. Roof water, or other concentrated drainage, shall not be directed onto adjacent properties, sidewalks or driveways. [PW, B] 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] 12. 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] 13. The Applicant and Property Owner shall comply with all National Pollution Discharge Elimination System (NPDES) regulations and requirements at all times. [PW] 14. The Applicant shall be responsible for correcting deficiencies, if any, in the existing frontage improvements and to the existing driveways to the satisfaction of the Public Works Director and shall be accomplished at no expense to the City. [PW] PARKING/STRIPING 15. The Applicant shall submit a revised parking lot layout and striping plan for all parking areas subject to review and approval of the Planning Director and the Director of Public Works and shall generally conform to the parking plan shown on Exhibit & Sheet A1, dated December 26, 1995. All newly-striped parking spaces shall be double-striped with 4-inch wide stripes set approximately 2 feet apart as shown on the "Typical Parking Striping Detail" (Exhibit L). Handicapped, visitor, employee and compact parking spaces shall be appropriately identified on the pavement and designated on the parking plan. [PL] 16. Handicapped ramps, parking stalls and designated pathways shall be provided and maintained as required by the State of California Title 24 provisions. [PL, B] 17. The Applicant shall provide a minimum one foot wide raised curb or equivalent on landscape fingers and islands adjacent to parking stalls to allow for pedestrian access. [PL] 18. Exterior colors and materials used for the kiosk structure shall conform to the colors and materials specified by the Applicant's Revised Project Description (Exhibit F), submitted to the Dublin Planning Department, dated December 21, 1995. All ducts, meters, air conditioning equipment and other mechanical equipment that is on-site or roof-mounted shall be effectively screened from public view. [PL] LANDSCAPE AND IRRIGATION PLANS 19. 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 architect or other landscape professional acceptable to the Planning Director. 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] 3 20. Landscaping shall not obstruct the sight distance of motorists, pedestrians or bicyclists. Except for trees, landscaping at drive aisle intersections shall not be taller than thirty (30) inches above the curb. Landscaping at drive aisle intersections must not be taller than thirty (30) inches. [PL] 21. The Applicant shall complete and submit to the Dublin Planning Department the Standard Plant Material, Irrigation and Maintenance Agreement (Exhibit K). [PL] LIGHTING 22. Exterior lighting shall be provided and shall be of a design and placement so as not to cause glare onto adjoining properties, businesses or roadways. Lighting used after daylight hours shall be adequate to provide for security needs (1.5 foot candles). Any wall lighting around the perimeters of the kiosk structure shall be supplied to provide "wash" security lighting. The Applicant shall provide photometrics and cut sheets subject to the review and approval of the Police Department and the Planning Director. [PL, B, PO] POLICE SERVICES 23. As required by the Dublin Police Services, all security hardware for the new' kiosk structure must comply with the City of Dublin Non-Residential Security Requirements (Exhibit I). [B, PO] 24. The Applicant shall work with the Dublin Police Services prior to submittal of building plans and on an ongoing basis to establish an effective robbery, thef~ prevention and security program. [PO] 25. The Applicant and Property Owner shall keep the site dear of graf~ti vandalism on a regular and continuous basis at all times. The Applicant should consider the use ofanti-graffiti coating on all windows and wall surfaces of the kiosk. [PO] 26. Prior to issuance of building permits, the Applicant shall provide written documentation to the Planning Department that all Dublin Police Services requirements have been, or will be, met. [PO, PL] FIRE PROTECTION 27. The Applicant shall comply with all applicable regulations and requirements of the Dougherty Regional Fire Authority (DRFA). [F] 28. Prior to the issuance of a building permit, a one time Fire Impact Fee in the amount of $600.00, shall be collected, in accordance with DRFA requirements. IF, B] 29. Prior to the issuance of a building permit, the Applicant shall provide written confirmation to the Planning Department that the requirements of DRFA, including any fees, have been, or will be, met. DUBLIN SAN RAMON SERVICES DISTRICT (DSRSD) 30. Prior to issuance of any building permit, complete improvement plans shall be submitted to DSRSD that conform to the requirements of the DSRSD Code, the DSRSD "Standard Procedures, Specifications and Drawings for Design and Installation of Water and Wastewater Facilities", all applicable DSRSD Master Plans and all DSRSD policies. [DSR] 31. Domestic and fire protection waterline systems for Tracts or Commercial Developments ,shall be desig. ned to be looped or interconnected to avoid dead end sections in accordance with requirements of the DSRSD Standard Specifications and sound engineering practice. [DSR] 32. Prior to approval by the City of a grading permit or a site development permit, the locations and widths of all proposed easement dedications for water and sewer lines shall be submitted to and approved by DSRSD. [DSR] 33. All easement dedications for DSRSD facilities shall be by separate instrument irrevocably offered to DSRSD. [DSR] 34. Prior to issuance by the City' of Dublin of any Building Permit, all utility connection fees, plan checking fees, inspection fees, permit fees and fees associated with a wastewater discharge permit shall be paid to DSRSD in accordance with the rates and schedules established in the DSKSD Code. [DSR] 35. Prior to issuance by the City of any Building Permit, all improvement plans for DSRSD facilities shall be signed by the District Engineer. Each drawing of improvement plans shall contain a signature block for the District Engineer indicating approval of the sanitary sewer or water facilities shown. Prior to approval by the District Engineer, the Applicant shall pay all required DSRSD fees, and provide an engineer's estimate of construction costs for the sewer and water systems, a performance bond, a one-year maintenance bond, and a comprehensive general liability insurance policy in the amounts and forms that are acceptable to DSRSD. The Applicant shall allow at least 15 worldrig days for final improvement drawing review by DSRSD before signature by the District Engineer. [DSR] 36. No sewer line or water line construction shall be permitted unless the proper utility construction permit has been issued by DSRSD. A construction permit will only be issued after all of the items in Condition # 34 have been satisfied. [DSR] 37. The Applicant shall hold DSRSD, its Board of Directors, commissions, employees, and agents of DSRSD harmless and indemnify the same from any litigation, claims, or fines resulting from completion of the project. [DSK] 38. A separate water meter for landscaping shall be installed. A utility construction permit to install the new water meter shall be issued by DSRSD. A utility construction permit will only be issued after all of the items in Condition # 34 have been satisfied. [DSR] 39. Prior to the issuance of a building permit, the Applicant shall provide written confirmation to the Planning Department that the requirements of DSRSD, including any fees, have been, or will be, met. [DSR] . ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (Zone 7) 40. Special Drainage Area 7-1 was established by the Alameda County Flood Control and Water Conservation District (ACFC & WCD) Board (Resolution 6922, May 17, 1966) to provide for a program of flood control improvements along the major streams and arroyos within Zone 7 of the ACFC & WCD Board. Ordinance No. 53 of the ACFC & WCD prescribes fees and charges within SDA 7-1 to be collected at the time of issuance of a building or use permit. The fees and charges collected are used to finance SDA 7-1 flood control improvements. These drainage fees shall be paid to the ACFC & WCD. [Z7] 41. Prior to the issuance of a building permit, the Applicant shall provide written confirmation to the Planning Department that the requirements of Zone 7, including any fees, have been, or will be, met. [Z7] DEBRIS/DUST/CONSTRUCTION ACTIVITY 42. Measures shall be taken to contain all trash, construction debris, and materials on-site until disposal off-site can be arranged. The Applicant shall be responsible for corrective measures at no expense to the City of Dublin. [B, PW] 5 43. Axeas undergoing grading, and all other construction activities, shall be watered, or other dust palliative measures used, to prevent dust, as conditions warrant. [B, PW] 44. The use of any temporary construction fencing shall be subject to the review and approval of the Director of the Department of Public Works and the Building Official. CPW, B] MISCELLANEOUS 45. Approval of the Site Development Review shall be valid for one year after the effective date of this approval. Building permits for the proposed project shall be secured and construction commenced within that time. If construction has not commenced by that time, this approval and the subsequent Conditional Use Permit 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 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. [PL] 46. 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 clea~y 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] 47. Prior to issuance of building permits, the Applicant shall submit for review and approval a scaled final site plan 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] 48. This 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 permit may be subject to the issuance of a citation. [PL] PASSED, APPROVED AND ADOPTED this 13th day of February, 1996. AYES: Councilmembers Barnes, Burton, Howard, Moffatt and Mayor Houston NOES: None ABSENT: None ABSTAIN: None K2/g/2-13-96/resocaf4.doc 6