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HomeMy WebLinkAboutReso 033-95 Petco SDRAppealRESOLUTION NO. 33-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN MODIFYING THE PLANNING COMMISSION'S APPROVAL OF PA 94-055 PETCO SITE DEVELOPMENT REVIEW AT 11976 DUBLIN BOULEVARD WHEREAS, Steve Thomas, representing PETCO, submitted an application requesting approval of a Site Development Review for the construction of a 12,002 square foot PETCO retail store including the waiver of 20.5% of the required parking spaces and the establishment of a Master Sign Program; and WHEREAS, the Planning Commission did hold a public hearing on said application on March 6, 1995, and did adopt Resolution 95-07 adopting the Negative Declaration, Resolution 95- 08, approving PA 94-055 PETCO Conditional Use Permit and Resolution 95-09, approving PA 94- 055 PETCO Site Development Review; and WHEREAS, the decision of the Planning Commission on the PETCO project was appealed on March 7, 1995, by Councilmember Barnes; and WHEREAS, the appeal was amended by Councilmember Barnes on March 20, 1995; and WHEREAS, the City Council did hold a public hearing on said application on March 27, 1995; 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 (City Council Resolution No. 31-95). 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 City Council did hear and consider all said reports, recommendations and testimony hereinabove set forth; and WHEREAS, the City Council grants the appeal and modifies the Planning Commission's approval, as set forth below. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby find that: The approval of this application is consistent with the intent/purpose of Section 8- 95.0 SITE DEVELOPMENT REVIEW. The approval of this application, as conditioned, complies with the policies of the General Plan, the San Ramon Road Specific Plan, and with District Regulations and the general requirements established in the Zoning Ordinance which allow commercial uses at this location. Cw 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. 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 as shown on Exhibit B. 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 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 and are included as conditions of approval. That sufficient evidence has been presented demonstrating that the proposed PETCO store in Dublin will require a smaller number of permanent spaces (39 rather than 49) based on anticipated use of the land. That sufficient evidence has been presented demonstrating the unique circumstance substantiating the waiving of 20.5% (ten spaces) of the required parking spaces. BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby conditionally approve PA 94-055, PETCO Site Development Review application, as generally depicted by materials labeled Exhibit B, 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 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. [PL1 Planning. |B| Building, [PO] Police, |PW1 Public Works, [ADM] Administration/City Attorney, |FIN1 Finance, IF] Dougherty Regional Fire Authority, |DSR| Dublin San Ramon Services District, [CO| Alameda County Department of Environmental Health, |Z71 Zone Seven. 2 GENERAL This Site Development Review approval for PA 94-055 is to allow the construction of a PETCO retail store in the C-N Neighborhood Business District. This approval shall generally conform to the plans prepared by George Meu Associates dated March 21, 1995, stamped approved labeled Exhibit B. These sheets consist of a Site Plan and Grading Plan; a Preliminary Landscape Plan; a Floor Plan and Roof Plan and Exterior Elevations except as modified by conditions of this resolution. [PL] The Applicant shall comply with all applicable city of Dublin Site Development Review Standard Conditions and the City of Dublin Non-Residential Requirements (Exhibits I and J). [PL] All signs shall be subject to the requirements of the Sign Regulations within the Zoning Ordinance. [PL] PUBLIC WORKS The project developer shall complete the purchase of the necessary right-of-way from the City to construct the easterly portion of the parking lot prior to the issuance of a building permit. The dedication of five (5) feet of frontage along Dublin Boulevard shall be used to offset the purchase of land on an equal square foot basis. [PW] A Traffic Impact Fee in the amount of $20,810 shall be paid, as agreed to by the applicant, prior to the issuance of building permits. [PW] All damaged on-site existing pavement sections shall be repaired or replaced as directed by the City Engineer. [PW] The area outside the building shall drain outward at a 2% minimum slope for unpaved areas and a 1% minimum in paved areas (with a maximum gradient of 5%) unless otherwise approved by the Director of Public Works. [PW] Where storm water flows against a curb, a curb with gutter shall be used. The flows line of all asphalt paved areas carrying water shall be slurry sealed at least three feet on either side of the center of a swale. [PW] All catch basins within paved areas not against curb and gutter shall have a 3-foot concrete apron around all sided of the inlet per City of Dublin Standard Plans. [PW] 10. All improvements within the public right-of-way, including curb, gutter, sidewalks, driveways, paving and utilities, must be constructed in accordance with approved standards and/or plans and may be constructed only after an encroachment permit has been issued. [PW] 11. The Applicant shall be responsible for correcting deficiencies in the existing frontage improvements to the satisfaction of the City Engineer. [PW] 12. Any relocation of improvements or public facilities shall be accomplished at no expense to the City. [PW] 13. The Applicant shall install 5-foot flat flares on all driveways to the satisfaction of the City Engineer. [PW] 3 14. All on-site pedestrian walkways shall maintain a minimum four (4) foot unobstructed width. [PW] 15. 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 K) with the exception of Condition 27. [PW] 16. Prior to grading, a construction fence shall be installed around the open space on the northwest corner of Dublin Boulevard and San Ramon Road to be preserved. The location to be at the edge of the grading for the parking lot curb. [PW] 17. If in the opinion of the City Engineer a traffic problem exists due to automobiles exiting the driveway on San Ramon Road, the City may prohibit automobiles from exiting that driveway onto San Ramon Road. Entrance to that driveway would be allowed. [PW] LIGHTING .18. Exterior lighting shall be provided and shall be of a design and placement so as not to cause glare onto adjoining properties or onto Dublin Boulevard or San Ramon Road. Lighting used after daylight hours shall be adequate to provide for security needs (1.5 foot candles). Roof-mounted exterior lighting shall be provided around the entire perimeter of the building to provide "wash" security lighting. The Applicant shall provide photometrics and cut sheets for the review and approval of the Police Department and the Planning Director. [PL, PO] FIRE PROTECTION 19. Fire flows shall meet the requirements of the Dougherty Regional Fire Authority (DRFA). [F] 20. The building shall be sprinkled as required by DRFA. [F] 21. All valves and controls, including the automatic fire suppression system, shall be supervised by an approved central station, in compliance with DRFA requirements. [F] 22. Prior to issuance of a building permit, a Fire Impact Fee in the amount of 9600.00 per 2,000 square feet of building area shall be collected separately for each new building, in accordance with DRFA requirements. [F, B] 23. A Fire Hydrant and Fire Department Connection shall be located to the north and south of the driveway entrance from San Ramon Road respectively. [F] 24. The curbing at the entrances to the parking lot, except adjacent to a required parking space, shall be painted red and designated as a "no parking" area. [F] 25. A "Knox Box" shall be installed on the main entryway to the building. [F] 26. Provide DRFA with Materials Safety Data Sheets for chemical products to be on stock. [F] 27. Prior to the issuance of a building permit, the Applicant shall provide written confirmation to the Planning Department that the requirements of DRFA have been, or will be, met. [F, B, PL] DISPOSAL SERVICE 28. The trash receptacle shall be located as agreed upon with Livermore Dublin Disposal. Written confirmation of this shall be sent to the Director of Planning by the Applicant prior to the issuance of building permits. [PL] 29. The Applicant shall submit a design detail and location of the trash enclosure area subject to the Planning Director's review and approval. The design of the trash enclosure shall reflect dimensional criteria deemed acceptable by Livermore Dublin Disposal and shall incorporate use of a 10' x 10' concrete apron in front to facilitate a mechanical pick-up service. If wooden door 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 rash enclosure shall be architecturally compatible with the main structure subject to Planning Director review and approval. [PL, LDD, B] 30. The trash enclosure shall be constructed of non-combustible materials. [F] DUBLIN SAN RAMON SERVICES DISTRICT (DSRSD) 31. 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] 32. All mains shall be sized to provide sufficient capacity to accommodate future flow demands in addition to each development project's demand. Layout and sizing of mains shall be in conformance with DSRSD utility master planning. [DSR] 33. Domestic and fire protection waterline systems for Tracts or Commercial Developments shall be designed to be looped or interconnected to avoid dead end sections in accordance with requirements of the DSRSD Standard Specifications and sound engineering practice. [DSR] 34. DSRSD policy requires public water and sewer lines to be located in public streets rather than in off-street locations to the fullest extent possible. If unavoidable, then public sewer or water easements must be established over the alignment of each public sewer or water line in an off-street or private street location to provide access for future maintenance and/or replacement. [DSR] 35. 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] 5 36. All easement dedications for DSRSD facilities shall be by separate instrument irrevocably offered to DSRSD. [DSR] 37. Prior to issuance by the City 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 DSRSD Code. [DSR] 38. 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 working days for final improvement drawing review by DSRSD before signature by the District Engineer. [DSR] 39. 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 37 have been satisfied. [DSR] 40. 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. [DSR] 41. Special approval is required for any trash enclosure proposed to be connected to public sewers. A roof is required. Applicant shall submit plans for sewer connection of trash enclosure. [DSR] 42. A District water main crosses the area proposed for a parking lot. The owner shall prepare a legal description and dedicate a fifteen (15) foot wide easement to the District for the existing water main. The existing water meter may require relocation at the Applicant's expense. [DSR] ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (Zone 7) 43. 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 &. Ordinance No. 53 of the ACFC&WCD prescribes fees an charges within SDA 7-1 to be collected at the time of issuance of a building or use permit. The fees and charges so collected are used to finance SDA 7-1 flood control improvements. The subject site formally was used as a Unocal Service Station. In accordance with ACFC&WCD Ordinance No. 53, Section V - Collection of Fees, item 2, page 7, "fees shall be collected from a parcel of land with preexisting building, structures or improvements or those that have already been assessed a drainage fee if the proposed use will be such that a higher drainage fee should be assessed, provided, however, that such a fee shall be equal to the difference in the amount calculated to be due under the new use and the amount calculated to be due under the old use in accordance with the fee schedule contained in Section II hereof." [Z7] 44. Zone 7 administers a program for the destruction of unused wells in the Livermore-Amador Valley. Known water wells without a documented intent of future use, filed with Zone 7, are to be destroyed prior to any demolition or construction activity in accordance with a well destruction permit obtained from Zone 7. Wells Nos. 3S/1W-2H14, -2H16, and -2H17 are known wells located within the subject site. All three wells are monitoring wells constructed by Unocal and may need to be marked and preserved in a sampleable and measurable condition or properly destroyed and replaced in kid at a location approved by the Alameda County Department of Health. Please call Mr. Tom Peacock, Alameda County Environmental Health, Hazardous Materials Section, for a status report of their investigation for possible petroleum product in the soil and/or groundwater. Investigations at other sites have often continued after a change in land use. Other wells encountered prior to or during construction are to be treated similarly. [Z7] ARCHITECTURAL 45. Exterior colors shall conform the colors and materials palette submitted to the Dublin Planning Department dated March 21, 1995. All ducts, meters, air conditioning equipment and other mechanical equipment that is on-site or roof-mounted shall be effectively screened from view. [PL] LANDSCAPE AND IRRIGATION PLANS 46. 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] 47. The Final Landscape and Irrigation plan shall be generally consistent with the preliminary landscape plans prepared by George Meu and Associates, dated received by the Planning Department on March 21, 1995 (Exhibit B) and shall include the lands within public ownership to the north of the project and on the northwest corner of Dublin Boulevard and San Ramon Road as shown on said plans. Plantings on the corner remaining under public ownership shall be drought resistant and not require irrigation. [PL] 48. 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. More specifically, the landscaping in the both on-site and off-site adjacent to the pathway adjacent to San Ramon Road should not be taller than thirty (30) inches in order to provide for the safety of pedestrians and bicycle riders. [PL] 49. The pathway adjacent to San Ramon Road shall be installed as shown on Exhibit B, sheet SD2. [PL] 50. The Applicant shall complete and submit to the Dublin Planning Department the Standard Plant Material, Irrigation and Maintenance Agreement (Exhibit L). [PL] 51. The Applicant shall submit written documentation to the Planning Director (in the form of a Landscape Documentation Package and other required documents) that the development conforms to the City's Water-Effic~ient Landscaping Ordinance (Exhibit M). [PL] PARKING 52. Of the forty-nine (49) parking spaces required by the Zoning Ordinance, ten (10) are waived by the City Council resulting in a parking requirement of thirty-nine (39) spaces. 53. The Applicant shall submit a revised parking lot striping plan for new parking areas subject to review and approval of the Planning Director and the Director of Public Works and shall conform the parking plan shown on sheet SD1 dated March 21, 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 N). Handicapped, visitor, and employee and compact parking spaces shall be appropriately identified on the pavement and designated on the parking plan. [PL] 54. Handicapped ramps and parking stalls shall be provided and maintained as required by the State of California Title 24 provisions including the provision of an eight (8) foot wide striped handicapped ramp for a handicapped van parking space. [PL, B] 55. 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] 56. The Applicant shall provide continuous curbing for all parking stalls. [PW] SIGNAGE 57. A monument style sign generally conforming to the sign identified on Exhibit Q as 2/SD5 shall be permitted on the north side of the driveway on San Ramon Road provided it s height shall not exceed eight (8) feet. [PL] MISCELLANEOUS 58. Approval of the Site Development Review shall be valid for one year, until March 6, 1996. 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 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] 59. 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 shall be subject to citation. [PL] 8 60. 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 27th day of March, 1995. AYES: NOES: ABSTAIN: ATTEST: Councilmembers Barnes, Burton, Howard, Moffatt and Mayor Houston None v~L/(~ ~~7 None M YOR A (94-005/sdrres2) 9