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HomeMy WebLinkAboutReso 39-17 Revising Planning Commission Reso 17-01 and Approving Site Development RESOLUTION NO. 39 — 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ************** REVERSING PLANNING COMMISSION RESOLUTION 17-01 AND APPROVING THE SITE DEVELOPMENT REVIEW PERMIT FOR EXTERIOR CHANGES TO AN EXISTING 60,111 SQUARE FOOT RETAIL BUILDING AND ASSOCIATED SITE IMPROVEMENTS AT 7201 REGIONAL STREET (APN 941-0305-016-00) PLPA-2016-00038 WHEREAS, Vic De Melo, Vice President of Browman Development Company, Inc. (Applicant) and BDC Atwater, L.P., c/o Browman Development Company, Inc. (Property Owner), requested approval of a Site Development Review Permit to make exterior changes to the 60,111 square foot retail building and site modifications to the property at 7201 Regional Street (the "Project"); and WHEREAS, the Project is located in the Downtown Dublin Specific Plan area, which permits retail uses and has a General Plan Land Use designation of Downtown Dublin— Retail District; and WHEREAS, the California Environmental Quality Act (CEQA), together with State Guidelines and City Environmental Regulations require that certain projects be reviewed for environmental impacts; and WHEREAS, the Downtown Dublin Specific Plan area was the subject of an Environmental Impact Report (EIR), State Clearinghouse number 20100022005, which was certified by City Council Resolution No. 08-11 dated February 1, 2011. Pursuant to the California Environmental Quality Act (CEQA) Guidelines section 15168(c)(2), the proposed project was examined to determine if any other environmental document should be prepared; and WHEREAS, the project involves no expansion of the existing commercial building, but includes only architectural modifications and minor site enhancements and there is no substantial evidence in the record that any new effects would occur, that any new mitigation measures would be required, or that any of the conditions triggering supplemental environmental review under CEQA Guidelines section 15162 exists; and, WHEREAS, the Site Development Review (SDR) Permit for this project is with the authority of the Community Development Director and on January 27, 2017 the Community Development Department issued a public notice of the intent to approve this SDR Permit; and WHEREAS, due to the level of community interest in this project, the Community Development Director referred the application to the Planning Commission for action; and WHEREAS, a Staff Report was submitted to the Planning Commission recommending approval of the Site Development Review Permit for the project; and WHEREAS, the Planning Commission held a properly noticed public hearing on said application on March 14, 2017; and WHEREAS, the Planning Commission adopted Resolution 17-01 denying the Site Development Review Permit; and Reso No. 39-17, Adopted 4/18/2017, Item No. 6.1 Page 1 of 11 WHEREAS, Councilmember Gupta appealed the action of the Planning Commission in the public interest; and WHEREAS, the City Council is the hearing body for the appeal of a decision by the Planning Commission; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the City Council did hear and consider all reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project. NOW, THEREFORE, BE IT RESOLVED that the City of Dublin City Council does hereby make the following findings and determinations regarding the Site Development Review: A. The proposal is consistent with the purposes of Chapter 8.104 (Site Development Review), with the General Plan and with any applicable Specific Plans and Design Guidelines in that: 1) the building currently exists and the project involves remodeling the existing facility to create three new storefronts; 2) the proposed architectural modifications will enhance the building by providing articulated entry features, introducing new materials to the existing building while retaining compatibility with the remaining building materials and surrounding buildings in the shopping center, and providing pedestrian amenities such as a wider walkway, improved landscaping, and bicycle parking. B. The proposal is consistent with the provisions of Title 8, Zoning Ordinance in that: 1) the continued use of the building for retail uses meets all development standards of the Downtown Dublin — Retail District as contained in Sections 4.1 of the Downtown Dublin Specific Plan including building design and landscaping requirements; and 2) the project meets the Off- Street Parking and Loading Requirements. C. The design of the project is appropriate to the City, the vicinity, surrounding properties, and the lot in which the project is proposed in that: 1) the proposed changes are designed to update the building (originally constructed in 1972) by introducing new materials and architectural elements while remaining aesthetically consistent with other buildings in the shopping center; and 2) the remodeled building will further attract community retail users, retain and increase sales-tax generating uses, and provide businesses to serve the local and regional community. D. The subject site is physically suitable for the type and intensity of the approved development in that: the General Plan allows retail development in the Downtown Dublin — Retail District land use designation and the proposed project is to enhance an existing retail building with façade and site improvements. E. Impacts to existing slopes and topographic features are addressed in that: the project is located on a fully developed site that is generally flat and does not involve any modification to the existing grade. F. Architectural considerations including the character, scale and quality of the design, site layout, the architectural relationship with the site and other buildings, screening of unsightly uses, lighting, building materials and colors and similar elements result in a project that is harmonious with its surroundings and compatible with other development in the vicinity in that: 1) the proposed architectural modifications enhance the building by providing improved building entries and articulated entry features, introducing new materials to the existing building while retaining compatibility with the remaining building materials and surrounding Reso No. 38-17, Adopted 4/18/2017, Item No. 4.6 Page 2 of 11 buildings in the shopping center, and providing pedestrian amenities including improved landscaping and bicycle parking; 2) the plans provided by the Applicant shows building materials and colors that are compatible with the neutral, earth-tone colors of other buildings in the shopping center; and 3) the parking lot will be enhanced with new paving, stripping and landscaping which is compatible with the more recent improvements to the adjacent portion of the parking lot. G. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, and similar elements have been incorporated into the project to ensure visual relief, adequate screening and an attractive environment for the public in that: 1) the project includes the installation of new landscape in existing planters in the parking lot, which will add visual interest as well as provide shade for vehicles; and 2) existing perimeter landscaping within the project site along Regional Street will be improved. H. The site has been adequately designed to ensure proper circulation for bicyclists, pedestrians and automobiles in that: 1) the project consists of site improvements including improved pedestrian pathways from accessible parking areas to the building, new pedestrian entry features, and a widened pedestrian pathway along the building frontage; 2) the project provides pedestrian and bicycle amenities at the base of the building including planter areas and bicycle parking; 3) the subject shopping center currently provides pedestrian connections to Dublin Boulevard and Amador Valley Boulevard; and 4) the shopping center also has an existing pedestrian scale plaza located south of the subject building which will be further activated by the proposed project and better facilitate greater pedestrian connectivity through the shopping center from Dublin Boulevard to Amador Valley Boulevard. BE IT FURTHER RESOLVED that the City Council does hereby approve a Site Development Review Permit for the project at 7201 Regional Street as shown on the Project Plans date-stamped received by Dublin Planning on March 03, 2017 and included as Exhibit A, 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: [PL] Planning, [B] Building, [PO] Police, [PW] Public Works, [ADM] Administration/City Attorney, [FIN] Finance, [CMO] City Manager's Office, [PCS] Parks and Community Services, [F] Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [LDD], Livermore Dublin Disposal, [CO] Alameda County Department of Environmental Health, [Zone 7], Alameda County Flood Control and Water Conservation District, Zone 7, [LAVTA], Livermore Amador Valley Transit Authority, [CHS], California Department of Health Services. NO. CONDITIONS OF APPROVAL Agency When enc Source 9 Y Required GENERAL - SITE DEVELOPMENT REVIEW 1. Approval. This Site Development Review approval is for PL On-going Planning the Regional Street CVS located at 7201 Regional Street, PLPA-2016-00038. This approval includes a façade remodel of the building as well as site modifications including new landscaping in the parking lot and along the Regional Street frontage, slurry seal and re-stripe of the parking lot, and the replacement of the existing walkway in Reso No. 38-17, Adopted 4/18/2017, Item No. 4.6 Page 3 of 11 NO. CONDITIONS OF APPROVAL Agency when enc Source 9 y Required front of building. This Site Development Review shall conform to the project plans submitted by FCGA Architecture dated received March 03, 2017 on file in the Community Development Department, and other plans, text, and diagrams relating to this Site Development Review, unless modified by the Conditions of Approval contained herein. 2. Permit Expiration. Approval of this Site Development PL One Year DMC Review Permit shall be valid for one year from the After 8.96.020.D effective date. Construction shall commence within one Effective (1) year of Permit approval or the Permit shall lapse and Date become null and void. If there is a dispute as to whether the Permit has expired, the City may hold a noticed public hearing to determine the matter. If a Permit expires, a new application must be made and processed according to the requirements of this Ordinance. 3. Time Extension. The original approving decision-maker PL Prior to DMC may, upon the Applicant's written request for an extension Expiration 8.96.020.E of approval prior to expiration, upon the determination that Date all Conditions of Approval remain adequate and all applicable findings of approval will continue to be met, grant an extension of the approval for a period not to exceed six (6) months. All time extension requests shall be noticed before the original hearing body approves such an extension. 4. Compliance. The Applicant/Property Owner shall operate PL On-going DMC this use in compliance with the Conditions of Approval of 8.96.020.F this Site Development Review, the approved plans and the regulations established in the Zoning Ordinance. Any violation of the terms or conditions specified may be subject to enforcement action. 5. Revocation of Permit. The Site Development Review PL On-going DMC approval shall be revocable for cause in accordance with 8.96.020.1 Section 8.96.020.1 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. 6. Requirements and Standard Conditions. The Various Building Standard Applicant/ Developer shall comply with applicable City of Permit Dublin Fire Prevention Bureau, Dublin Public Works Issuance Department, Dublin Building Department, Dublin Police Services, Alameda County Flood Control District Zone 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Department of Health Services requirements and standard conditions. Prior to issuance of building permits or the installation of any improvements related to this project, the Applicant/Developer shall supply written statements from each such agency or department to the Planning Reso No. 38-17, Adopted 4/18/2017, Item No. 4.6 Page 4 of 11 NO. CONDITIONS OF APPROVAL Agency When Required Source Department, indicating that all applicable conditions required have been or will be met. 7. Required Permits. Applicant/Developer shall obtain all PW Building DMC permits required by other agencies including, but not Permit 8.04.080 limited to Alameda County Flood Control and Water Issuance Conservation District Zone 7, California Department of Fish and Wildlife, Army Corps of Engineers, Regional Water Quality Control Board, Caltrans and provide copies of the permits to the Public Works Department. 8. Fees. Applicant/Developer shall pay all applicable fees in Various Building Various effect at the time of building permit issuance, including, Permit but not limited to, Planning fees, Building fees, Traffic Issuance Impact Fees, TVTC fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees, Fire Facilities Impact fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; or any other fee that may be adopted and applicable. 9. Indemnification. The Applicant/Developer shall defend, ADM On-going Administrat indemnify, and hold harmless the City of Dublin and its ion/City agents, officers, and employees from any claim, action, or Attorney proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that the Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying the Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. 10. Clarification of Conditions. In the event that there needs Various On-going Planning to be clarification to the Conditions of Approval, the Director of Community Development and the City Engineer have the authority to clarify the intent of these Conditions of Approval to the Developer without going to a public hearing. The Director of Community Development and the City Engineer also have the authority to make minor modifications to these conditions without going to a public hearing in order for the Developer to fulfill needed improvements or mitigations resulting from impacts to this project. 11. Clean-up. The Applicant/Developer shall be responsible PL On-going DMC5.64 for clean-up and disposal of project related trash to maintain a safe, clean and litter-free site. Reso No. 38-17, Adopted 4/18/2017, Item No. 4.6 Page 5 of 11 NO. CONDITIONS OF APPROVAL Agency When Required Source 12. Modifications. Modifications or changes to this Site PL On-going DMC Development Review approval may be considered by the 8.104 Community Development Director if the modifications or changes proposed comply with Chapter 8.104 of the Zoning Ordinance. PROJECT SPECIFIC 13. Zoning Clearance. The Applicant shall submit an PL Prior to Planning application, and obtain approval, for a Zoning Clearance Occupancy for the proposed indoor recreation use type (gym/fitness facility). LANDSCAPING 14. Final Landscape and Irrigation Plans. Plans shall be PL Building DMC generally consistent with the landscape plans prepared by Permit 8.72.030 Gates & Associates and date stamped received on March Issuance & 03, 2017, except as modified by the Conditions listed State below and as required by the Community Development Model Director. Final Landscape and Irrigation Plans shall be Water prepared and stamped by a State licensed landscape Efficiency architect or registered engineer shall be submitted for Landscape review and approval by the City Engineer and the Ordinance Community Development Director for all projects with rehabilitated landscaped areas of at least 500 square feet. 15. Regional Street Frontage. Applicant shall replace all Various Occupancy Downtown trees along the Regional Street frontage with new 24" box Dublin Callery Pear Trees; and, install irrigation using recycled Specific water consistent with DSRSD master plans, standards, Plan specifications and requirements for these trees 16. Plant Standards. All trees shall be 24" box minimum; all PL Occupancy Planning shrubs shall be 5 gallon minimum; all groundcover shall be 1 gallon minimum. 17. Maintenance of Landscaping. All landscaping shall be PL On-going City of maintained in accordance with the "City of Dublin Dublin Standards Plant Material, Irrigation System and Standards Maintenance Agreement" by the Developer after City- Plant approved installation. This maintenance shall include Material, weeding, and the replacement of materials that die. Any Irrigation proposed modifications to the landscaping on the site, System including the removal or replacement of trees, shall require prior review and written approval from the Community Development Director. 18. Plant Material. All plant material shall be continuously PL On-going Planning maintained including pruning and regular watering. If at any time the shrubs in the parking lot or throughout the project site are damaged, missing, dead or dying, these shrubs shall be immediately replaced to the satisfaction of the Community Development Director. BUILDING - GENERAL 19. Building Codes and Ordinances. All project B Through Building construction shall conform to all building codes and Completion Reso No. 38-17, Adopted 4/18/2017, Item No. 4.6 Page 6 of 11 NO. CONDITIONS OF APPROVAL Agency When enc Source g y Required ordinances in effect at the time of building permit. The of 2016 code cycle edition shall be in effect effective January Construction 1, 2017. 20. Building Permits. To apply for building permits, B Issuance of Building Applicant/Developer shall submit five (5) sets of Building construction plans to the Building & Safety Division for Permits 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 or have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participation non-City agencies prior to the issuance of building permits. 21. Construction Drawings. Construction plans shall be B Issuance of Building fully dimensioned (including building elevations) Building accurately drawn (depicting all existing and proposed Permits conditions on site), and prepared and signed by a California licensed Architect or Engineer. Submit two (2) sets of calculations. All structural calculations shall be prepared and signed by a California licensed Architect or Engineer. The site plan, landscape plan and details shall be consistent with each other. 22. Change of Occupancy Permit required. As per section B Issuance of Building 3408 of the California Building Code, a change of Building occupancy requires the building to meet the requirements Permits of a new building for the proposed occupancy type. This may require upgrades to the structural systems. 23. Engineer Observation. The Engineer of record shall be B Prior to Final Building retained to provide observation services for all Frame components of the lateral and vertical design of the Inspection building, including nailing, hold-downs, straps, shear, roof diaphragm and structural frame of building. A written report shall be submitted to the City Building Inspector prior to scheduling the final frame inspection. 24. Cool Roofs. Flat roof areas shall have their roofing B Through Building material coated with light colored gravel or painted with Completion light colored or reflective material designed for Cool Roofs. 25. CAL Green Building Standards Code. The project shall B Through Building incorporate the requirements of the CAL Green Building Completion Standards Code for the new exterior lighting and automatic irrigation controllers for landscaping work. 26. Temporary Fencing. Temporary Construction fencing B Through Building shall be installed along perimeter of all work under Completion construction. FIRE — GENERAL CONDITIONS 27. Fire Codes. Project shall comply with the applicable F On-going Fire Reso No. 38-17, Adopted 4/18/2017, Item No. 4.6 Page 7 of 11 NO. CONDITIONS OF APPROVAL Agency When enc g Y Required Source Building and Fire Codes in effect at the time of submittal of plan check and permit. PUBLIC WORKS — 28. Encroachment Permits. Applicant shall obtain an PW Prior to Public Encroachment Permit from the Public Works Department commencem Works for all construction work and activity in the public right-of- ent of work way of any public street. or activity in the public right-of-way. 29. Grading/Demolition/Sitework Permit. The applicant PW Issuance of Public shall apply for and obtain a Grading/Sitework Permit from Grading/ Works the Public Works Department for all site improvement or Sitework grading work. Permit The Grading/Sitework Permit will be based on the final set of civil plans and will not be issued until all of plan check comments have been resolved. A copy of Grading/Sitework Permit application may be found on the City's website at: https://ca-dublin.civicplus.com/index.aspx?NID=340 The current cost of the permit is $110.00 and is due at the time of permit issuance. The Applicant will also be responsible for any adopted increases to the fee amount or additional fees for inspection of the work. 30. Submittals. Developer will be responsible for submittals PW Prior to Public and reviews to obtain the approvals of all participating City Issuance of Works agencies. The Alameda County Fire Department and the Grading/Site Dublin San Ramon Services District shall approve and work Permit sign the Improvement Plans. 31. Trash Enclosure. Applicant shall construct a new trash PW Issuance of DMC enclosure serving the three tenants spaces in compliance Grading/Site 7.98.30 with the City's "Solid Waste and Recycling Enclosure" work Permit ordinance. The enclosure must have sufficient space for at least one (1) bin for solid waste, a second bin of at least equal size for storing and collecting separated cardboard, and either a mixed recycling bin or cart for mixed paper, bottles and cans of sufficient size to collect mixed recycling items generated on site. Enclosures that will be used by food establishments must also allow space for a separate food waste/organics bin of sufficient size to collect food waste generated on site. 32. Trash Collection. Applicant shall meet with the trash PW Approval of Public collection agency during plan check review for the Improvement Works distance, maneuvering and pick-up requirements for trash Plans collection. Provide documentation of results, recommendations, and requirements generated from this meeting and incorporate these recommendations on the plans. Reso No. 38-17, Adopted 4/18/2017, Item No. 4.6 Page 8 of 11 NO. CONDITIONS OF APPROVAL Agency when enc 9 y Required Source Contact for trash collection agency: Jesse Tieger Recycling Coordinator Amador Valley Industries Office No.: 925-479-9545 Cellphone No.: 925-580-0027 jesse@amadorvalleyindustries.com www.amadorvalleyindustries.com 33. ADA Accessibility Requirements. The Developer shall PW Issuance of Public comply with the City of Dublin Public Works Standards Grading/Site Works and Policies, the most current requirements of the State work Permit Code Title 24 and the Americans with Disabilities Act with regard to accessibility, and all building and fire codes and ordinances in effect at the time of building permit. 1. The reconstruction of the walkway area abutting the westerly building façade shall comply with the current ADA Standards. 2. An accessible pedestrian path of travel from the building to the new trash enclosure shall be provided. 3. The current Accessible Parking signs (R99 signs) of existing accessible parking spaces do not comply with current ADA Standards per CBC 11B-502.6. Remove, replace, or add to the existing R99 signs so that the resulting sign is an R99C sign. 4. The restriping of the parking lot shall comply with the current ADA Standards per CBC 11 B-502 and the city off-street parking standards found in Chapter 8.76.070 of the Municipal Code. Additionally, at plan check review, show the locations of the red curbs for the fire lanes and indicate that these be repainted red and labeled "Fire Lane" with the appropriate CVC code section in white stencil. 5. Assess and inspect the existing accessible path from Amador Valley Blvd. to the project building for compliance to current ADA standards. Reconstruct any portion thereof that does not comply with the current ADA standards. 6. If cost of upgrades required to comply with ADA accessibility standards exceeds 20% of the costs of proposed Tenant Improvements, an applicant may request an Unreasonable Hardship waiver from Reso No. 38-17, Adopted 4/18/2017, Item No. 4.6 Page 9 of 11 NO. CONDITIONS OF APPROVAL Agency When enc g y Required Source Building Department by completing and submitting the Unreasonable Hardship Request form that is available on the City of Dublin website Building Division Handouts page. A copy of the Unreasonable Hardship Request form can be downloaded from the link below. http://www.ci.dublin.ca.us/DocumentCenter/ View/3576 34. Slurry Seal. The Applicant shall apply slurry seal, crack PW Approval of Public seal, and full depth repairs where necessary to improve Improvement Works the conditions of the pavement especially at locations that Plans and are showing signs of heavy allegation or structural failure. Final Additionally, repair or replace damaged planter curbs, Occupancy medians, and wheel stops within the property limits. 35. Construction Management Plan. During the plan check PW Issuance of Public process, submit a construction management plan showing Grading/Site Works any phasing proposed, vehicular and pedestrian work Permit circulation, accessibility, construction fencing, staging area, pedestrian wayfinding signs, and truck haul route in and out of the property. Obtain approval from the Planning Department for the short-term loss of use of the parking lots and provide alternative locations for parking. 36. Bicycle Parking. Developer shall provide bicycle parking PW Approval of Public near the entrances of the establishments. A total of six (6) Improvement Works bicycle racks or bicycle lockers that can house two Plans bicycles per unit shall be installed and shown on the site plans for building permits and site work permits. 37. Erosion Control. A detailed Erosion Control Plan shall PW Approval of Public be included submitted and shall include detailed design, Improvement Works location, maintenance criteria of all control measures, and Plans standard details. The Erosion Control Plan shall be implemented between October 15th and April 15th unless otherwise allowed in writing by the City Engineer. 38. Trash Capture. The project Storm water Management PW Approval of Public Plan shall incorporate trash capture measures such as Improvement Works screens, filters or CDS/Vortex units to address the Plans and requirements of Provision C.10 of the Regional Water Final Quality Control Board (RWQCB) Municipal Regional Occupancy Permit (MRP) 39. Storm water Source Control. "No Dumping Drains to PW Approval of Public Bay" storm drain medallions per City Standard Detail CD- Improvement Works 704 shall be placed on all public and private storm drain Plans and inlets. Final Occupancy Reso No. 38-17, Adopted 4/18/2017, Item No. 4.6 Page 10 of 11 PASSED, APPROVED AND ADOPTED this 18th day of April 2017, by the following vote: AYES: Councilmembers Biddle, Goel, Gupta, Hernandez and Mayor Haubert NOES: ABSENT: F ABSTAIN: stY'Ors'Y\ - May r ATTEST: ,'2 642,0 it: / City Clerk Reso No. 38-17, Adopted 4/18/2017, Item No. 4.6 Page 11 of 11 . . I -----I' I ----- ..,.. \ III",..t.„ . 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