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Home My WebLink AboutItem 6.2 CaffinoCondUsePrmt (2) ,. -"....,.. .". .......1 CITY CLERK File # n~r7lfQJ-f3'E) AGENDA STATEMENT CITY COUNCIL MEETING DATE: February 13,1996 Public Hearing: PA 95..040. Cafflno Inc.. Specific Plan Amendment. Conditional Use Penn it. Site Development Review ~ prep~bY: Ralph Kachadourian, Assistant Plannerlloning Investigator EXHIBITS/A TT ACHED: SUBJECT: Exhibit A: Exhibit B: . EXhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G:. Exhibit H: Exhibit I: Exhibit J: .' 'n. ....1 Exhibit K: Exhibit L: Exhibit M: Exhibit N: Exhibit 0: Project Site and Elevation Plans Draft Resolution approving the Negative Declaration Draft Resolution approving the Specific Plan Amendment Draft Resolution approving the Conditional Use Permit Draft Resolution approving the Site Development Review Applicant's Project Description, dated December 21, 1995 San Ramon Road SpecifIC Plan Land Use Map Site Development Review Standard Conditions , City of Dublin Non-Residential Security Requirements '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 Standard Plant Material, Irrigation System and Maintenance Agreement Typical Parking Striping Detail LocationlZoning Map Letter from David A. Cambra, dated November 21,1995, in opposition of the Caffino drive-through espressobarll<iosk proposal Planning Commission Resolutions recommending approval of the Negative Declaration, Specific Plan Amendment, Conditional Use Permit, and Site Development Review RECOMMENDATION: .k-- 1 ) ,o,l. ~~ . ~..-- 4) 5) Open public hearing and hear Staff presentation Take testimony from the Applicant and the Public. Question Staff, the Applicant andthe,P(iblic. Close public hearing and delibetBte.' ". . , Adopt Draft Resolutions approving PA 9&-040, Caffino, Inc., Negative Declaration, Specific Plan Amendment, Conditional.Use Permitt and Site' Development Review, or give Staff and Applicant direction and continue the matter. . FINANCIAL STATEMENT: N/A eJ 4...:.-' COPIES TO: Admin. File J. &. L Nichandros Brenda Glllarde PA 95-040 File Michael Perkins Ron Rivers D. Carrington R. Kachadourian ITEMNO.~ .,';,<,. II r' . . EtoIVflItONMENT AL ANALYSIS: A Negative Declaration has been prepared pursuant to the California Environmental , Quality Act (CEQA). State CEOA guidelines and the City of DUblin Environmental Guidelines. The project. as proposed,' will not have a significant effect on the environment. e'... BACKGROUND . ohNOvembEtr 21,1995, the Planning Commission avthorized a Specific Plan . ArT\endm.ntStudy for Caffino, In~., to consider allowing drive-in and drive-through restaurants, whiCh sd fo~forconsumption'in'a short time, as a conditional use within Area 3 of the San RamOh Ro8dSpeciflcPJan~Aproposal to amend the San Ramon Road Specific Plan may be initiated by Resolution by the Planning Commission or by the City Council. Caff'l1lo is requesting approval of a Specific Plan Amendment, Conditional Use Permit'and Site Oevelopment RevieW to construct a 220 ::l: square foot drive-through espresso barlkiosk on the undev"~portionof property directly in front of the Workbench True Value Hardware .store, located at.7380 San Ramon Road. .. " \ ,. pnJanuary1'6, 1998, the Planning Commissionj by.a4-1 vote, adopted Resolutions {Exhibit. O)rEtcommending that the City Council approve the'Negative,Oeclaration, SPecific Plan Amendment, Conditional Use Permit, and Site Development Review for PA 95.0040, Caffino, Inc, ANAL VSIS: .':.:;~. .,..::. . .. . $peclf1cJi!ltn: Amendment The San Ramon Road Specific Plan geographic designation of this site is "Area 3", (San Ramon Road Properties}. This designation allows for the development of retail shopper stores oriented .topnwlding.,~itionaJ'.,oompari8on shopping' goods for both Dublin and nearby oommunity.res.idents. .It lathe intent of the Specif!cPlan that the principal uses within Area 3 be reservedJor retail shapper.storea. Under certain circumstances,a limited amount of development cart.befOf'.othertypea of uses such as, personal setVice, financial institutions or office u..s~; , The Specific Plan identifies.Caffino's drive-through proposal as a prohibited use. Ar.3, of the Specific, Plan prohibits . drive-in or drive.through restaurants which are considered. retail commerciat,U$88 deft'*' as convenience storeS, which sell food, drugs or other household goods for. COhsumptlontna, shorttig1e. .Wh.n the San Ramon Road Specific Plan was adopted in 1983, the onlY developed propertle$In:~...3".,ere the Workbench True-Value HardWare store and the Dublin IceJandsites. The $teep$~op, Hayward Fishery, Public Storage and . StroUd's Plaza (fonnerty kn.own 88 the Ti)Wn & Cbuntry Centat) ,.were constructed after 1983. ,. Driv&-thtough.uses :.were. ptOhibited 'in order to fostet,:.att(actiwly designed largescale commerciaJdev$opment.which eventually occurred and to avoi4having a concentration of unattractiV&'drive-through;uses on SanRamon Road. Smaller individual in.fill sites suitable for drive-thrOUgh uses remain undeveloped.today. '. .,' , -., . I , I Stafl'examined seVeral specific issues regarding the drive-in or drive through OpE,rati~:; 1.. ,Is ..drlve-in or driv..through us. anapprr,prlafe UMwlthln Area 3 of the Sp.cific Plan? .' ....: .... ;.::! 2 ,. .!, . '. '... At the time that the Specific Plan was adopted, a new General Plan for the City of Dublin was being proposed. The Specific Plan was adopted with the realization that the new General Plan may necessitate a revision of the uses and development criteria established in the Specific Plan. The General Plan identifies Area 3 as RetailJOffice, ~the same design~9Jl identifying existing retail uses elswhere within downtown Dublin. .. Drive-in or drive-through uses should be Viewed as an appropriat~usewithin Area 3 given that the intent of the Specific Plan to foster llirge teste . com mercial development has been met; that in-fill parcels remain to be developed; that und$r certain circumstan~, a limited amount of personal service uses are allowed; and that other drive-in or drive-through businesses and uses currently exist within the downtown area. 2. Should a drive-In or drive-through use be con.~red a conditional use within Area 37 Drive-through uses exist within the C-N, C-1, C-2 and M..1 distrlctsthro~ghout the City of Dublin. They were approved as conditional uses. pursuant. to the ZoningOrdinance~ Approval ofa drive-through use within Area 3 should also be considered.. a condition~1 use, since a Conditional. Use Permit provides for the review of a deVelopment proposal by the Planning Commission and the application of conditions of approval will Insure that the intent of the Zoning Ordinance is met. 3. Detennine If certain types of spec/a/tydrlv.'n or drive-through uses should be allowed, such ~s the Cafflno espresso barlkiosk, as opposed to the tYplcall.sf food restaurant drive-through operations, such as Burger K/ngor McDon.ld's. A drive-through operation such as Caffinoshould baal/owed, but should not be distinguished from other drive-through uses. As statedab()ve,a drive-through usewould be appropriate in Area 3 of the Specific Plan and should be considered a cond!tional USe. Given the protection offered by the Conditional Use Permit review process" St.rt feels that . distinguishing between different types of drive-through uses is. not necessary. . The proposed drive-through espresso barlklosk wOuJdbe cOrm>Stibl~ with uses. currently operating within the surrounding C-1 district and within m.3. oftheSpecific Plan. Staff recommends that the City Council adopt the Draft ResolutliM't.(Exhibit C) approving theSpecific Plan Amendment for Area 3 to allow drive-in or drive-through restaurants, which sell food, drugs or other household goods for consumption in a short time. Conditional Us, Permit Section 8-48.2 (A)(8), of the Zoning Ordin~nce identifies a drive-inldriv.through business (such as the proposed espresso bar/kiO$,I<)as a COrldJtional usei" ~C'!'1tRetail Business district. The proposed kiosk will have tWO 'dliv..;;upwlndows and:a Wark~p window. Vehicle stacking or queuing to the drive-up window$wUI avera~ from 2 to 4 v.,hi~es during peak hour time periods. The proposed site layout is designed to prevent Vf:hicleStacking problems within the parking lot. The hours of operation wlllb&from 5:00 a.m. to 9:00p.m. with peak operating hours from 7:00 a.m. to 9:00 a.m. \... The San Ramon Road Specific Plan also require$ a Conditional Use fte.rmit for any alteration or expansion of a 'pre-existing use, such as the current Workbench True Value Hardware store operation. The project site is a small, undEwelbped pQrtion cittae hardWare store property. The installation of the espresso barlkioskl inclijding the :Par:ktpg.and '. . 3 ,lanQlcaping improvements, woutd be considerect'an alteration and expansion of the pre-existihg "UtJe. Parking ;',,' 'The ZO"'f)9 Ordiryance requires a total Of twenty (20) parking spaces for the hardware stote use, Parking spacetl'for the espresso bar/kiosk use are not required since Section 8- 63.1 S, ;of ~he Zc>ntng, Orc:Jinance specifies the parking spaces required for a restaurant, bar or other ..tittbfishrnent ofdif1(ng or drinking as. one (1) space for each sixty (60) square feet of ' Floor ARtca, or one (1) space for..Chfour (4)suoh .occupants. whichever is the greater requirement,. .,' " . ~iOh 8-63,16, defines.Floor Area as thesPaC8 'used for serviCe to the publiC as ." " , custometl:~r, patrons, but shall n()t, inc;lude floor space used fornon-public purposes such as .' storage or theprocehing(jT pack$gingof mercnandih. 'Floor space used principally for toilet or rest rQtJM.withln a. building shaU also be excluded ftom,ftoor area. The~""8s0barIki08ki~occupied .by employee. only in preparing and servinsHo the ;', drive-throygh~rwat~oilUp;.custom~. The Workbench currently utiliz.s. n;neteen (19) . parking ':spa~s~ .portion,:of ~'Pftking spaces located on the adjacent property.to the,'$OUthat ~348S'n'RamorfRoad (previoUs nursery site), whiCh is.also owned by theWotkbeneh triperty owner." , Itlordetto effleietltly.utiliZe the limited amo~ntof available space to develop the project; tommf'lta;n,.fJ'~ar driv~aiSJ.for unobstructed vel1icl,f"ccessand to.provide.the required 'numb4lriof r*tkinU1PtQEtsfodheslte, the Appfioanf is proposing twtnty4Wo (22) parking .paces~:TheApp1itantwillprovide flfteen (15) parldng spaces within the front portion of the projeCt:,stfe.nd seven"(7) pa~ spa9fi behind the Sleep Shop property, on an adjacent vacant parcel owned b.y the. Wo~nQhowner.. . , . 'Th,,'~~nmparkirig;$peee$ will be avafllbleae additional customer or employee parki~sp~'.~rth. W9~ch;,anc:l as employ~pal1dng for Caffino, only if cross access ea~ are Obtained 'from,.theSfeep Shop and HayWard Fishery property owners. The twenty~, ,(22) 'parkfng'R~'~ both eatfinoand ,the Workbench will be $Ufficient because their'Pti8k'~perati~'t)9U,~,;.~:d~rent. .... Cafflno ~.have a.m. peak hours. during weekdays' and :theW~nCfi Will t'tlWepeak:l)our'S on weekends. . .. Slte'Ac:" .' , , , . .', Caffi",o pl'Opoaes to utilize .street access tothe'.spresso barlkiosk from Amador Valley Souf$VWdaMffQM San.. Ramon RaBel-The reVised layout will.have access lanes traversing City~wn":~.t:lt.oof~w$)' dlrectIY/'nfront Of,the: .Sktep Shop property. Caffino ,will enter into negotiatiQni:'Wfth\t~:City fot pu~".ofthia right~f-way. , According to the Public WorkS Directdr,thrs:f?P:~' OU,~d.~;~~.':t~/~~,witheither.the Sleep Shop property or the. WOrk~r$hprOl*~., ,. The~tt:Pf:tl1Is,~tliOA"of,:r>rc>P8ttY will require a cross access 8ilsemtnt for_dHve-thtQulh::"""~CortCJftiori$'htlvebftn included in the,Draft ResolutiOn of 'th&qcmdJtj~rliUUl.Perm1t'~tequMf!l!tthepUrchase ahd;ri1f~rget of this portion of right-of.:wayand reqUfrtng'lh. crO$~aCce$s easiirJet1tSprfOr to the issuanCe of abUifdingperrnit. '.' , . ' .' ;., The~d.riaI~l'kiryg:ArHa~ .proposed behind the Sleep Shop Witl req&lira.;~ .' .' .... ,.. . a0r08$'tnIS"'P~,~rt::~rid\fI~'Fishery$lt.. Cro$Saccess eilsernents Win 5e'reqUired to' lega{IYalIC)vl('a~:@pross:thM;8P~ in orderto'gain '~tD the additional parking. spaces:'~nditi!ns'~irin9:th..ctpS$>.catss .asern.ntshave'~1'I incorporated into the Draft 'ResolUtIon. Of the CondftionalUse Permit. 4 ....~" '. " " .:.:: . .,.' .-."'.. ..... , '. ..-.+ .... .'. , " " ,". , '. ,'. , .'; .' '~..,., ::, . '''' Staff recommends that the City Council adopt the Draft Resolution (Exhibit D) approving the Conditional Use Permit to allow driv.,.,in or dtive-thrbugh restaurants, Which sell food, drugs or other household goods for consumption In a shorttime..,in Area 3 of the San Ramon Road Specific Plan, and to allow the alteration or expansion of a pre.:.sxisting uSe. The proposed drive~through use will meet the intent of the C-1 zoning district and would be consistent with existing uses in the surrounding area. ~ite Dev~opment Review The General Development Criteria of the San Ramon Road Sp$cific Plat\ addresses the compatibility of uses and require that special' attention ,be placed on Insuring compatibUlty of uses proposed in any new develQpment with existing -residential or oth.rcomrnercial development located within or adjacent to the Specific Plan Area. During review, attention must be given to the height of proposed structures, design, landscaping, setbaCks, street~side design treatment, distances between buildings, loading areas, walls, fences,pedestrianlblcycle and service circulation. The Caffino pavilion is an attractive design 'reflecting an upscale Italian motif apcented in the Italian national colors. The 220:f: square foot kiosk wilt be constructedwith'hlgh quality steel, glass and ceramic tiles. The kiosk wifl be located ,1 O,feetfromthe property line'along San Ramon Road and approximately 53 feet north front the:cufb face along Amador Valley Boulevard. ' . The existing landscaping embankment along the Amadot Va'fleyBouIevardfrontage will be improved and enhanced. Additional landscape improvements wiUbe<madewithin the Workbenohparking lotare8 and along the existing landscaped fronu,ge of the Sleep'Shop. The City of Dublin is currently installing new lal)dscaping within the San Ramon Roadrlght"-of-way and bike trail directly in front of the project site. Additional on-site improvements by Caffino will include new AC paving, curbing and restriping. Cafflno's proposal to locate the espresso bsrlkiosk on the WorkbenchT!'Ue-Value property and the Improvements in front of the Sleep Shop, together with the City of Dublin's right..of-way landscaping improvements, will visually Improve and upgrade an undeveloped and unkept frontage. These improvements will meet the general development criteria established in the SpeCific Plan. The various building elevations are shown on Exhibit A, Sheet A2. Calaveras Fault The guiding policy of the Seismic Safety Element of the. DUblin General Plan,indicates that geologic hazards shall be mitigated or development shan be located . away from geologic hazards In order to preserve life, protect property, and reasonably limit the financial risks to the City of Dublin and other public agencies that would.resultfrom damage to poorly located public facilities. All structures shall be designed to the standards delineated in the.Uniform'Building Code and the Dublin Grading Ordinance. Structures intended for hUman o~pancy shall be at least 50 feet from any active faulttrace; freestanding garages and stonage stro~ures may be as close as 25 feet. These distances may be reduced based on adequate exploration to . accurately locate the fault trace. Generally, facilities should not bebuiftastride potential rupture zones, although certain low-risk facilities may be considered. A trace of the Calaveres Fault runs through the subject property. The espresso bar/kiosk wiUobe located 50 feet from this fault trace as shown on the:SItePlan, ',Exhibit A, Sheet A 1. Review of the geotechnical report, prepared by Hallenbeck & Associat$s'on' June 23, 1995, by Dale G. Wilder, C.E.G, determined that the current location of-this .fal:dttrace'is accurately 5 r-.~"" ~ " st,lc>wnontheslte platt and theJocationof the kloskstructure conforms to the seismic safety ~,uitementa:oUhe General.Plan.A Conditiol"lof Approval has ' been, included in the Draft "~~utiOhOf~,$tt80e~elopn18nt,Reviewwhlch reqttlresthat the kiosk must be locatednb lessthanSO-f8et frorri:,theknowrtJoqation ofthEi fault trace. Traffic .mp.eta Th,{v.fflcanaIYsl$<performed py George W. Nickerson, P.E., determined that a total of 126netnewJ'Jaify vehidetripswould be generated by the project. Thepro~ct's share dfcoitto mitlgatetrafflcimpactefonhe planned Dublin 'Boulevard widening improvements will be in the , amolK1t:9f;'1.iGl7;QOj"This',fee wiD be voluntarifYP8id by the Applicant prior to the IssQanc. of., ", buildil1g1~;Therefore,atl impectswould be prfHnitigatedby this voluntary eontributiort' toward roedway'impr-ov,ments. ' :' .,.' '..' '. pUblic:c;omm8tttaiC()Ac~ On Novernber27, '1995, Staff received a letter (Exhibit N) from,s concemedresideht opposinv.tt.ei8PPfOvalof the Cafflnoproject The resident feels that a major pUblic safety h""hvJII""Ultfromthe,location of,the Caffino drive-through use and that the use will incre..~Jte~tamount:bf trafftc:at the intersection and may effect the safety of ped,strians ..crosaiPl.:.atthe inte~iqn..The:PubUc Works ,Director ,has determined that no traffic or ", '. ," ped.i9trianaafety.b..",~will,..ultat.tbe intersection from the proposed drive-throogh,'U$e.. and noinorearse irithe.amouritoftraffic witlre$ult. ... , staf!frecpfnmendi.that the City Council adopt the Draft Re$olution (Exhibit E) approving the Sit.'~m_ Review t() allOw the eonstruction and layout of the Caffino drive-up .$~80, barJki~::ft1c?I~dingthe .jru.~.."a~nof new landscaping, revised parking lot striping and other on,snd ... ~~) off-site fmprovemen~.,; ..' '.',.' . .. .. . .,.. .,. '.'''''., ,. 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Ii ~ o ~ r;Q ~ ~ ~ ~ o - g:: ~ ~ ~ '" -'5 o ~ //f G.I G.I ... 8 .. .. ~ ~ ~ ~ E--4 :I: ~ iia .rl< ~ '> .. 1" 1 i . I..---- '-- - ; .. !~:l UI[ -.... ..-~ ..%ASr.c... ...'1< ",.J: A .....1 .D-~ ..." "" .t.ll1I._ .z"a:."g, . . .' .") .' . RESOLUTION NO. 0 - 96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE FOR PA 95-040 CAFFINO INC. SPECIFIC PLAN AMENDMENT, CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW, LOCATED AT 7360 SAN RAMON ROAD WHEREAS, Caffmo Inc" submitted an application requesting approval of a Specific Plan Amendment to modify Area 3 of the San Ramon Road Specific Plan to allow drive-in and drive-through restaurants as a conditional use; a Conditional Use Penn it 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 ofa pre-existing use; and a Site Development Review to construct a 220 :t square foot drive-through espresso bar/kiosk at 7360 San Ramon Road; and WHEREAS, the California Environmental Quality Act (CEQA), State CEQA guidelines and City Environmental Guidelines require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; 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 prepared for this project as it will not have a significant effect on the environment; and WHEREAS, the Planning Commission did hold a public hearing on said application on January 16, 1996; did review and consider the Negative Declaration; and did adopt Resolution No. 96- 01, recommending that the City Council adopt the Negative Declaration for PA 95-040 Caffmo Inc., Specific Plan Amendment, Conditional Use Penn it, and Site Development Review; and WHEREAS, the City Council did review and consider the Negative Declaration at a public hearing on February 13, 1996; and WHEREAS, public notice of Negative Declaration was given in all respects as required by law, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby find: I. That the project will not have a significant effect on the environment; and 2, That the project complies with State and local laws and guideline regulation; and 3, That the Negative Declaration is complete and adequate, BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby adopt the Negative Declaration for P A 95-040 Caffmo Inc. PASSED, APPROVED AND ADOPTED this 13th day of February, 1996. AYES: NOES: ABSENT: Mayor, City of Dublin A TrEST: EXHIBIT B City Clerk RESOLUTION NO. 0 - 96 .'.- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ---------------------------------------------------------------------------------..--------------- ADOPTING P A 95-040 CAFFINO INC. SPECIFIC PLAN AMENDMENT TO AREA 3 (SAN RAMON ROAD PROPERTIES) OF THE SAN RAMON ROAD SPECIFIC PLAN WHEREAS, Caffmo Inc" submitted an application requesting approval of a Specific Plan Amendment to modify Area 3 of the San Ramon Road Specific Plan to allow drive-in and drive-through restaurants as a conditional use; a Conditional Use Penn it 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 ofa pre-existing use; and a Site Development Review to construct a 220 :!:: square foot drive-through espresso bar/kiosk at 7360 San Ramon Road; and WHEREAS, the Planning Commission approved Resolution No, 95-44 initiating a Specific Plan Amendment study on November 21, 1995; and WHEREAS, Area 3 of the San Ramon Road Specific Plan allows for the development of retail shopper stores oriented to providing additional comparison shopping goods for both Dublin and nearby community residents; and WHEREAS, it is the intent that the principal uses within Area 3, be reserved for retail shopper stores; and WHEREAS, under certain citcumstances, a limited amount of development can be for personal service uses which includes services of a personal convenience nature; and WHEREAS, Area 3 regulations prohibit drive-in and drive-through restaurants, which sell food for consumption in a short time; and .'" j WHEREAS, the intent of prohibiting drive-in or drive-through uses was to foster attractively designed large scale commercial developments within Area 3 of the Specific Plan; and WHEREAS, said large scale development has occurred with small in-fill sites remaining; and WHEREAS, said small in-fill sites could be suitable sites for drive-through uses if subject to Conditional Use Pennit approval; and WHEREAS, to allow drive-in and drive-through restaurants as a conditional use in Area 3 would allow additional retail uses to be developed on individual in-fill sites suitable for drive-through uses; and WHEREAS, such uses would be valuable commercial uses to the City of Dublin; and WHEREAS, the Planning Commission did hold a public hearing on said Specific Plan Amendment on January] 6, 1996; did review and consider the application for a Specific Plan Amendment to Area 3 of the San Ramon Road Specific Plan and did adopt Resolution No, 96-04, recommending that the City Council adopt the Draft Resolution approving the Specific Plan Amendment for PA 95-040, Caffino, Inc.; and WHEREAS, proper notice of said 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 prepared for this project as it will not have a significant effect on the environment; and WHEREAS, the Staff Report was submitted recommending that the City Council approve the Specific Plan Amendment application; and e:: EXHIBIT C ."', .. e:, .. e WHEREAS, the City Council did hear and consider all said reports, recommendations, and testimony hereinabove set forth, NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby adopt a Resolution to amend the San Ramon Road Specific Plan to allow drive-in and drive~through restaurants, which sell food for consumption in a short time, as a conditional use'within Area 3, This amendment is subject to the following: AMENDING AREA 3 USES AS FOLLOWS: 1, modifying and deleting from Permitted Uses Eating and drinking establishments selling prepared food and liquor eJ,sel3t tJ:l.ase aefmed as drive tersl:Igh, 2. adding to Conditional Use d, Drive.in and Drive-through restaurants 3, deleting from Prohibited Uses d, Driye iH aHa Drive thrsagh restal:lraFI.ts PASSED, APPROVED AND ADOPTED this 13th day of February, 1996. AYES: NOES: ABSENT: Mayor, City of Dublin A TrEST: City Clerk g\P A95040\c2spares,doc RESOLUTION NO. 0 - 96 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN -----......----------------------------------------------------------------------------------- APPROVING PA 95-040 CAFFINO INC. CONDITIONAL USE PERMIT LOCATED AT 7360 SAN RAMON ROAD WHEREAS, Caffmo Inc., submitted an application requesting approval of a Specific Plan Amendment to modify Area 3 of the San Ramon Road Specific Plan to allow drive-in and drive-through restaurants as a conditional use; a Conditional Use Pennit to allow a drive-in or drive-through restaurant, which serves food for conswnption 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 :t square foot drive~through espresso bar/kiosk at 7360 San Ramon Road; and WHEREAS, the Planning Commission did hold a public hearing on said Conditional Use Penn it application on January 16, 1996; and did adopt Resolution No. 96~02, recommending that the City Council adopt the Draft Resolution approving the Conditional Use Penn it for PA 95-040, Caffmo, Inc.; and WHEREAS, proper notice of said 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 prepared for this project as it will not have a significant effect on the environment; and WHEREAS, the subject property is located within the C-l, Retail Business zoning district; and WHEREAS, Section 8-48.2 (A)(8), of the Zoning Ordinance identifies a drive-in/drive-through business as a conditional use in the C-I, Retail Business district; and .::' WHEREAS, the proposed use would meet the intent of the C-I District because that district allows drive- in and drive~through restaurants as a conditional use in Area 3 of the San Ramon Road Specific Plan and would allow additional retail uses to be developed on individual in~fill sites suitable for drive-through uses; and WHEREAS, such uses would be valuable commercial uses to the City of Dublin; and WHEREAS, the City Council did adopt a Specific Plan Amendment to allow drive-in and drive-through restaurants as a conditional use in Area 3 of the San Ramon Road Specific Plan; and WHEREAS, the Staff Report was submitted recommending that the Conditional Use Penn it application be conditionally approved; and WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony hereinabove set forth. that: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby find 1) The use is required by the public need in that it will provide a convenient drive-through use that will effectively serve commuters traveling on San Ramon Road and Amador Valley Boulevard; and 2) The use will be properly related to other land uses, transportation and service facilities in the vicinity in that it is located within compatible retail land uses; at a location with adequate access to and from San Ramon Road and Amador Valley Boulevard; and that all public facilities are adequate and available; and .: EXHIBIT D .. ... . 3) The proposed project will not materially affect the health or safety of persons residing or working in the vicinity since all applicable regulations will be met; and 4) The project will not be contrary to the specific intent clauses or performance standards established for the district in which it is located since conditions have been applied to ensure conformance with applicable zoning regulations, and the use would be consistent with the character of the surrounding downtown area; and BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby conditionally approve PA 95-040, Caffmo Inc" Conditional Use Permit 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 Site Development Review, the Area 3, San Ramon Road Specific Plan Amendment 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 subiect to Plannine Department review and approval. The followin~ codes represent those departments/a~encies responsible for monitorin~ compliance of the conditions of approval. rPL 1 Plannin~. [B] Building. [PO] Police. [pWJ Public Works. rADMl Administration/Cily Attorney. [FIN] Finance. [F] Dougherty Re~ional Fire Authority. [DSR] Dublin San Ramon Services District. rCO] Alameda County Department of Environmental Health. GENERAL 1. This Conditional Use Permit approval for PA 95-040 is to allow a drive-in or drive-through restaurant, which serves food for consumption in a short amount oftime, and the alteration or expansion of a pre- existing use (Workbench). 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 may be modified by the conditions of this Resolution, [PL] 2. The Applicant and Property Owner shall provide twenty-two (22) parking spaces and shall maintain this required number of parking spaces for both the hardware store and the espresso barlkiosk uses at all times, [PL] 3, The hours of operation for the espresso barlkiosk use shall be from 5:00 a,m, to 9:00 p,m. The espresso barlkiosk use may operate seven (7) days per week. [PL] EASEMENTS/AGREEMENTS 4, To allow for parking, driveway access and drive-through aisleway access to the project, cross vehicular access easements, or other appropriate documents approved by the Planning and Public Works Departments, shall be recorded between the subject property and the properties to the north in exchange for cross vehicular access easements through those properties, The cross vehicle access easements shall be submitted for review and approval by the Planning and Public Works Director and the City Attorney prior to recordation, [PL, PW, ADM] 5, The Applicant shall acquire any easements or rights-of-entry from the adjacent property owners to the north for improvements and/or construction activity that occurs or is required outside of the subject property. Easements or rights-of-entry shall be in a written form and shall be furnished to the Public Works Director. [PW] 6, A recorded copy of the cross vehicular access easements required by Condition # 4, and the easements or rights-of-entry required in Condition # 5, shall be submitted prior to the issuance of a building permit. [PL, PW, B, ADM] 2 MISCELLANEOUS .. 7. The Applicant and Property Owner shall comply with all applicable Planning, Building, Public Works, Dublin San Ramon Services District, Dougherty Regional Fire Authority, Dublin Police Services and the Alameda County Environmental Health regulations and requirements, [PL, B, PW, DSR, F, PO, CO] 8, All signage proposed for the espresso bar/kiosk and use shall be subject to the requirements of the sign regulations of the Zoning Ordinance, [PL] 9, The Applicant and Property Owner shall be responsible for clean.up and disposal of any project.re]ated trash and shall maintain the site in a clean, litter-free condition at all times, [PL] 10, The espresso bar/kiosk use shall be conducted so as not to create a nuisance to surrounding and/or adjacent businesses. [PO, PL] 1 ]. Amplified music or other noise generated by the use shall not be permitted to project off.site, [PL, PO] ]2. All activities associated with this use shall be conducted entirely within the enclosed espresso bar/kiosk, with the exception of the drive-through and walk.up windows and the one or two customer greeters during morning peak hours, [PL] 13, The use of any accessory structures, such as storage sheds or trailer/container units, used for storage or for any other purpose, shall not be allowed on the site at any time, [PL, B, F] 14, Long or short term storage and/or parking of motor vehicles shall not be permitted on the site, [PL] ... , , ,,) 15. All landscape areas on and off the site shall be installed as shown on Exhibit A, Sheet AI, and shall be properly maintained at all times. Any proposed or modified landscaping to the site shall require prior review and written approval from the Planning Department. [PL] ] 6, On at least an annual basis, this Conditional Use Permit approval shall be subject to Zoning Investigator review and determination as to the compliance with the Conditions of Approval. [PL] 17. This approval shall become null and void in the event the approved use is not constructed within 1 year or ceases to operate for a continuous one.year period, [PL] ] 8. 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 ofa citation, [PL] '. PASSED, APPROVED AND ADOPTED this 13th day of February, 1996, AYES: NOES: ABSENT: Mayor, City of Dublin ATTEST: .: City Clerk 3 .. .'1 " . RESOLUTION NO. 0 - 96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN -----------------------------------...---------------...---------------------...- APPROVING PA 95-040 CAFFINO INC. SITE DEVELOPMENT REVIEW LOCATED AT 7360 SAN RAMON ROAD WHEREAS, Caffmo Inc" submitted an application requesting approval of a Specific Plan Amendment to modify Area 3 of the San Ramon Road Specific Plan to allow drive-in and drive-through restaurants as a conditional use; a Conditional Use Pennit 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 ofa pre-existing use; and a Site Development Review to construct a 220 :t square foot drive-through espresso bar/kiosk at 7360 San Ramon Road; and WHEREAS, the Planning Commission did hold a public hearing on said Site Development Review application on January 16, 1996; and did adopt Resolution No, 96-03, recommending that the City Council adopt the Draft Resolution approving the Site Development Review for PA 95-040, Caffino, Inc,; and WHEREAS, proper notice of said 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 prepared for this project as it will not have a significant effect on the environment; and WHEREAS, 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 fmd 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-l 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 ofthis 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. EXHIBIT c BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby conditionally approve PA 95-040, Caffmo 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 Pennit and to the following conditions: . CONDITIONS OF APPROVAL: Unless stated otherwise. all Conditions of Approval shall be complied with prior to the issuance ofbuildin~ pennits or establishment of use. and shall be subiect to Plannin~ D~partment review and approval. The followin~ codes represent those departments/ae:encies responsible for monitorin~ compliance of the conditions of approval. [PL] Plannine:. (BJ Buildin~. [.PO] Police. (PW] Public Works. rADM] Administration/City Attorney. rFIN] Fina~ce. [F] Dou~herty Re~ional Fire Authority. [DSR1 Dublin San Ramon Services District. [Cm Alameda County Deparur;e~t of Environmental Health. [271 Zone Seven. GENERAL 1. This Site Development Review approval for P A 95-040 is to allow for the construction of a 220 ::I: 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-l, Retail Business District. This approval shall generally confonn 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] 2. The placement ofthe 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] .': 3, 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] 4, 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 5. Prior to the issuance ofa building penn it, the Applicant shall pay the amount of$I,097,OO, payable to the City of Dublin, as voluntarily agreed upon by the Applicant, to mitigate traffic impacts, [PW, B] 6, The project shall confonn to requirements of the City of Dublin "Typical Public Works Conditions of Approval for CommerciallIndustrial Site Development Review or Conditional Use Penn it Development" and "City of Dublin Improvement Plan General Notes" (Exhibit J). [PW] 7. The Applicant shall have a land survey prepared of the subject site to accurately detennine 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 penn it. [PW, B] 8, 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 right-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 ." .';' . 9, The Applicant shall submit a grading, drainage, striping and improvement plan subject to review and approval by the Public Works Director. Ifneeded, a grading pennit shall be required for site grading and drainage, [PW] 10, 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] II, Where stonn 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, ifany, 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 IS, 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 confonn to the parking plan shown on Exhibit A, Sheet AI, 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 fmgers and islands adjacent to parking stalls to allow for pedestrian access, [PL] ARCHITECTURAL 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 IRRIGA nON PLANS 19. A final detailed Landscape and Irrigation Plan (at I 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, theft prevention and security program. [PO] 25. The Applicant and Property Owner shall keep the site clear of graffiti vandalism on a regular and continuous basis at all times. The Applicant should consider the use of anti-graffiti coating on all windows and wall surfaces of the kiosk, [PO] ..., 26, Prior to issuance of building penn its, 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 penn it, a one time Fire Impact Fee in the amount of $600.00, shall be collected, in accordance with DRFA requirements. [F, B) 29, Prior to the issuance of a building pennit, the Applicant shall provide written confinnation to the Planning Department that the requirements of DRF A, inCluding any fees, have been, or will be, met. [F) DUBLIN SAN RAMON SERVICES DISTRICT mSRSD) 30. Prior to issuance of any building penn it, complete improvement plans shall be submitted to DSRSD that confonn 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 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] .,: .4 .", ...,:!\ .. .. 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 DSRSD 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 working days for fmal 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 ofDSRSD harmless and indemnify the same from any litigation, claims, or fines resulting from completion of the project. [DSR] 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 ofa 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 arroy.os within Zone 7 of the ACFC & WCD Board, Ordinance No. 53 of the ACFC & WCD prescribes fees and'charges within SDA 7Ml 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] DEBRISIDUST/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]e 5 43, Areas undergoing grading, and all other construction activities, shall be watered, or other dust palliative measures used, to prevent dust, as conditions warrant. [B, PW] e 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. [pW, 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 fmdings 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 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] 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] e:.. 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: NOES: ABSENT: Mayor, City of Dublin A TrEST: City Clerk e. 6 .. ,.1. ..:, .' RECEIVEi1 DEe 2 6 1995 DUBLIN PLANNiNG REVISED PROJECT DESCRIPTION CAFFINO, INC. SPECIFIC PLAN AMENDMENT, CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW APPLICATION Background The previous application dated September 28, 1995, proposed a 126 square foot drive- through espresso bar on a vacant parcel located at the corner of San Ramon Road and Amador Valley Boulevard, Access to the site would be from Amador Valley Boulevard, Based on internal review by Caffino of access and operational characteristics, it was determined that the Dublin application should be revised to incorporate our larger building, The resulting layout offers several advantages which are discussed below ("Proposed Use"), ExistinlZ Use The proposed site is a vacant portion of an existing developed parcel located at the comer of San Ramon Road and Amador Valley Boulevard, The True Value Hardware store is located on the rear of the property; the front portion has been vacant since the parcel was created and is currently covered by dirt and weeds. Proposed Use The project has been revised to incorporate a larger building for the espresso bar. The building includes a bathroom and totals 220 square feet. The pavilion would still have two drive-up windows and a walk up window; access would be from both San Ramon Road (SRR) and Amador Valley Boulevard (A VB), The revised site layout differs from the previous submittal in that access lanes would traverse across adjacent City-owned property which fronts the Sleep Shop, It is understood that Caffino would need to enter into negotiations with the City for the purch,ase ofthe land needed to accomplish the proposed layout, . The revised layout offers several advantages over the previous submittal: => greater separation between circulation patterns for the Cailino, True Value Hardware and the Sleep Shop; => additional stacking capacity for Caffino customers => provision of the full number of required parking spaces; and => access from both SRR and A VB, The concept behind Caffino is very simple - to provide an authentic cup of cafe style Italian espresso without getting out of one's car. The business is designed to attract EXHIBIT F Caffino Revised Project Description 12/21/95 Page 1 Caffino,Inc, . 6140 Stoneridge Mall Road, Suite 450, Pleasanton, CA 94588 · TEL 510,460.2900 FAX 510.416.0120 passby traffic - people who are already out on the road commuting to work, school, daycare or shopping, . Caffino is proposing to connect to existing sewer and water lines, The only grading would be associated with leveling the site for paving and construction of the building pad for the Caffino pavilion, Proiect Operations Caffino is tailored to the needs of the morning commuter. As previously stated, the business attracts people who are already out on the road. These people are generally in a hurry and while wanting a great cup of java, do not want to drive around looking for a parking space in front of a walk in/sit down Italian cafe or deli. The Caffino building is designed with two drive-through windows which expedite service and enable us to maintain a transaction time of about 60 seconds per order. Business hours typically are from 6:00 a,m, to 9:00 p.m. with the peak hours of operation from 7:00 to 9:00 a,m,. The maximum number of employees on a,shift would be three to five employees during the peak hours of operation; during the remaining hours of operation, two employees will be present on the site, During the peak hours, the average number of customers served is 69 per hour, After 9:00 a.m, the number of customers drops dramatically, to about 30 per hour or one every 2-3 minutes. After 12:00 noon the average number of customers is 20 per hour, or one every 3-4 minutes. (Refer to previously submitted traffic study dated April 1995 for additional infonnation,) .'~ , , During morning peak hours of operation, one or two greeters will be present outside of the pavilion to greet customers, take orders and direct patrons to the most available drive- up window, if necessary, This prevents any problems with uneven queuing and ensures no traffic backups, This system is employed in all of the existing Caffino' s and is 100 percent successful in managing the flow of customers during the morning peak hours of operation, Proiect Layout and Design The Caffino pavilion will be located adjacent to an existing retail business but will create its own distinct identity and character, The'Caffino architecture reflects an upscale Italian motif, which is reinforced by the building materials and colors, High quality steel, ceramic tile and large paned windows were selected to create an open, inviting and sophisticated style that is unique to Caffino, The Italian national colors were selected to emphasize the nature of our product and enhance consumer identification with our use, Off-white is the predominant color, accented by red and green trim elements, Proiect Traffic Volumes. Access. Circulation and Parking As stated in the April 1995 Master Traffic Study, approximately 90% of Caffino customers are pass-by-traffic. These are people either on their way to work, day care, school or shopping. Given the high percentage of pass-by-traffic customers, Caffino .:~ ...... Caffino Revised Project Description 12/21/95 Page 2 .'., ,- '" .) e: generates very few new traffic trips, which is a plus in any community, Based on existing traffic volumes and patterns within the project area, it is expected most of the Dublin Caffino peak hour customers will be heading southbound on San Ramon Road and will access and exit the site via right turns from San Ramon Road or Amador Valley Boulevard, Average queues during the morning peak hours (generally 7:00 - 9:00 a,m.) are 2-3 cars, with an occasional 3-4 car queue for brief periods of time within the peak hour period. The revised site layout is designed to comfortably accommodate anticipated queuing needs of the Caffino, The previous Caffino submittal requested a 25% reduction in the amount of required parking, The revised submittal provides the full complement of required parking - 22 spaces, Fifteen spaces will be provided on the front of the site for hardware store customers; the seven remaining spaces will be provided in the back for employee parking (hardware employees currently park in the front customer spaces), Landscaping The proposed site will be fully landscaped to enhance not only the appearance of the Caffino pavilion but also the site itself, which currently presents somewhat of an eyesore to those traveling along this section of San Ramon Road. The landscape palette will include a variety of shrubs and ground cover. Terra cotta planters filled with brightly colored annuals will also be located at both ends of the building, adding to the cheerful and inviting appearance of the Caffino site. Specific Plan Amendment The proposed site is located within Area 3 of the San Ramon Specific Plan, which was prepared in 1983. The Plan stipulates this area for retail shopper stores and prohibits convenience stores including drive-thru uses in Area 3. The reasons why these types of uses are not allowed is not provided in the Plan. This application requests an amendment to the Specific Plan to allow the Caffino use, Performance standards could be developed to govern the size and scope of drive-thru uses within Area 3, Caffino successfully made a ~imilar application to the City of Davis which developed specific parameters for drive-thru uses within its commercial highway district, Conditional Use Permit Because the proposed use would be a drive-thru, a conditional use permit is required, In order to the City to approve a conditional use permit, certain findings must be made: The use is required by the public need. The proposed Caffino would provide a service that allows commuters and persons in their autos a convenient way to obtain authentic Italian espresso drinks and other fine quality beverages, It also provides a product that is not readily available within the Dublin community, Caffino Revised Project Description 12/21/95 Page 3 The use is properly related to other land uses and transportationlsen'ice facilities in the vicinity. The Caffino would be located in an area designated for retail stores. The site is located on a major arterial which makes it an auto oriented, rather than pedestrian oriented environment. The Caffino business is oriented to the auto traveler, and specifically targets the moming commuter. Although the Specific Plan prohibits drive-thru uses, it obviously did not envision a uses such as a Caffino, Undoubtedly the plan's language for Area 3 was designed to prohibit larger drive-in restaurants; the proposed Caffino does not fit into this category given its small size, no interior or exterior seating, no food preparation (other than coffee), no on-site food consumption, no litter generation and quick turnover (most transactions occur within 60 seconds of anival on the site), The use will not affect public health and safety. The Caffino use primarily draws from existing traffic trips and therefore generates minimal new traffic trips, No odors of any kind are generated by a Caffino and it does not generate any excessive noise that would affect surrounding uses, The use is not contrary to the specific intent or standards established for the district it would be located in. The Specific Plan does stipulate that Area 3 should develop as retail shopper goods, which is defi?ed as comparison goods based on price and quality, Since the Plan was written in 1983, a major shopping center has developed on the south side of A VB; on the north side of Amador Valley, a series of single use retail stores has developed including a hardware store, a bedding store, a restaurant and a self-storage facility. The Caffino use would be compatible with these existing uses in that it is a single use, retail store that is primarily oriented to customers who arrive by automobile, The proposed Caffino location lies within the C-l Retail Business Zoning District. The proposed espresso bar would be compatible with the purpose and intent of this district. Caffino Revised Project Description 12/21/95 Page 4 .. .' ..:, . Z <t -I C- o - LL - 0 W 0- en C <t 0 a: z 0 :E <C a: Z <C en - .. ~ 0 0 N 0 . . 0 .... .. .. ,... . . 0 2 W -I < 0 0 en ">- II i ~ .~ !} ~1 z ~3t1 ~ I ~ <t f:/'I 0 ...J i~ z a.. j w C')\ ,0 co (/) en ~ ..... C/) ::J>- <C !E oct: w r:r a:: z~ <C w a. <t ...J .... W <C U w - a: U. <C U. 0 \!1 l- I. - u a:a ~ . fJ) - .Z e :c ~ z -(0 ';i 0 >-Z c3 <C e. ~ x t::5 0 c W Uc. ~ a: ~ 0 u. t- X w t- w w C/) v < w a:: <:c .4 ,'. '" ~~ ~~.~/:. ~,.J ~l~'4~ ':: ~:~ ~......~...."~'" 'tV,...._.~...1 ~.,:". ~,.\..;~1 ::;~:3;':i.t :~ I"',.' .TI'\ ~~~~:: "';';':; M W a: :) C) - LL > a: < Q Z ::J o IX'I Z < -I 0.. o - u. - o W 0.. C/) :x: t- a: o z I '').' . -1' ..~' - ,j ,.~. -t.'"" . ..... " .' "' ..:- .' CITY OF DUBLIN SITE DEVELOPMENT REVIEW STANDP~~ CONDITIONS All projects approved by the City of Dublin shall meet the following standard conditions unless specifically exempted by the Planning Department. 1. Final buildine and site development plans shall be reviewed and approvec by the Plannine Department staff prior to the issuance of a building permit. All such plans shall insure: a. That standard commercial or residential security requirements as established by the Dublin police Department are provided. b. That ramps, special parking spaces, signing, and other appropriata physical features for the handicapped, are provided throughout the site for all. publi~ly used facilities. c. That continuous concrete curbing is provided for all parking stalls. d. That exterior lighting of the building and site is not directed onto adjacent properties and the light source is shielded from direct offsite vi~wing. e. That all mechanical equipment, including electrical and gas meters, is architecturally screened from view, and that electrical transformers are either undergrounded or architecturally screened. f. That all trash enclosures are of a sturdy material (preferably masonry) and in harmony with the architecture of the building(s). g. That all vents, gutters, downspouts, flashings, etc., are painted to match the color of adjacent surface. h. That all materials and colors are to be as approved by the Dublin Planning Department. Once constructed or installed, all improvements are to be maintained in accordance with the approved plans. Any changes which affect the exterior character shall be resubmitted to the Dublin Planning Department for approval. i. That each parking space designated for compact cars be identifiec with a pavement marking reading "Small Car Only" or its equivalent, and additional signing be provided if necessary. j. That all exterior architectural elements visible from view and not detailed on the plans be finished in a style and in materials in harmony with the exterior of the building. k. That all other public agencies that require review of the project be supplied with copies of the final building and site plans and that compliance be obtained with at least their minimum Code requirements. EXHIBITH 2. Final landscape plans, irrigation system plans. tree preservation techniques, and iuarantees. shall be reviewed and aporoved by the Dublin e: Planning Department prior to the issuance of the building permit. All such submittals shall insure: a. That plant material is utilized which will be capable of healthy growth within the given range of soil and climate. b. That proposed landscape screening is of a height and density so that it provides a positive visual impact within three years from the time of planting. c. That unless unusual circumstances prevail, at least 75% of the proposed trees on the site are a minimum of 15 gallons in size, and at least 50% of the proposed shrubs on the site are minimum of 5 gallons in size. d. That a plan for an automatic irrigation system be provided which assures that all plants get adequate water. In unusual circumstances, and if approved by Staff, a manual or quick couple= system may be used. e. That concrete' curbing is to be used at the edges of all planters and paving surfaces. f. That all cut and fill slopes in excess of 5 feet in height a4e rounded both horizontally and vertically. e', , . g. That all cut and fill slopes graded and not constructed on by September I, of any given year, are hydroseeded with perennial or native grasses and flowers, and that stock piles of loose soil existing on that date are hydroseeded in a similar manner. h. That the area under the drip line of all existing oaks, walnuts. etc., which are to be saved are fenced during construction and grading operations and no activity is permitted under them that will cause soil compaction or damage to the tree. i. That a guarantee from the owners or contractors shall be required guaranteeing all schrubs :and ground cover, all trees, and t~e irrigation system for one year. j. That a permanent maintenance agreement on all landscaping will be required from the ow~er insuring regular irrigation, fertilizatio~ and weed abatement. 3. Final inspection or occuoancy permits will not be granted until all construction and landscapin~ is complete in accordance with approved plans and the conditions required by the City. e: " . "II . ,,_ ;~\' .1J/j_ ,'" ,~'--<.,''/ . i~;;1~~~(\~~') Ilq:~ ~)~\'2 .-> ~~':;,~~~/. ,. It ". ",.,,\: ~ :. I ; ~... f"'-:. . CITY OF DUBLIN PO, Box 2340, Dublin, California 94568 . City Offices, 100 Civic Plaza, Dublin, California 94568 CITY OF DUBLIN NON-RESIDENTIAL SECURITY REQUIREMENTS City Ordinance No. 21-89 1988 Building Code Section 4101 1. Doors. Exterior doors which are located at the rear, or side, or away from the primary entrance shall be solid doors with no glazing and shall be installed in metal frames. Exterior wood doors shall be solid wood construction 1 3/4" thick or hollow metal doors. . 2. Lockin~ devices. Exterior swinging doors which are exit doors as setforth in Chapter 33 shall have cylinder dead-bolt locks which shall be openable without the use of key, special effort, or knowledge. In Group B occupancies, a double cylinder dead-bolt lock may be used on the main exit door if there is a readily visible, durable sign on, or adjacent, to the door stating, "this door to remain unlocked during business hours. II The sign shall" be in letters not less than 1 inch high on contrasting background. When unlocked the single door and both leaves of a pai~ of doors shall be free to swing without operation of any latching device. Doors which are not exit doors shall have the inactive leaf secured with flush-bolts at the top and bottoms. The bolts shall be hardened steel 1/4" minimum diameter and shall engage a metal strike plate to, a minimum depth of 3/8 inch. The dead bolts shall be hardened steel and shall have a minimum of a one inch throw. If the cylinder of the lock protrudes from the face of the door it shall be fitted with a cylinder ring geared so that it cannot be griped with pliers or other wrenching devices. Vehicle door, overhead doors, and sliding doors shall be secured with metal to metal locking devices which prevent the door from opening. 3. Strike plates. Strike plates for wood jambs shall be the high security type and shall be secured with a minimum of two wood screws 3" long which shall engage the door studs. 4. Jambs. Inswinging doors with wood jambs shall have rabitted jambs. The jambs on the strike side shall have solid shims above and below the strike plates and the opposite jamb shall have solid shims at the level of the strike plate. Both door studs shall be reinforced with horizontal solid blocking at the approximate height of strike. 5. Hinges. Exterior doors shall have non-removable hinge pins. . 6. Slidin~ glass doors. Sliding glass doors shall comply with Chapter 54. Sliding glass doors shall be fitted with a locking device that shall engage the strike sufficiently to prevent its being disengaged by any possible movement of the door within the space or clearances provided for installation and operation. The bolt and strike shall be reinforced by hardened material so as to prevent their separation by pulling, prying or similar attack. An auxiliary locking device shall be installed on the door which may be a pin, lock, or similar device of not less than 1/4" diameter. The pin shall be of hardened Administration (415) 833.6650 . City Council (415) 833.6605 · Finance (~~5) ~33'6640 · BU'B!:fBIT3.:t: Code Enforcement (415) 833,6620 . Engi:1eerang (415) 8-,3,6030 . Plannl -r Police (415) 833.6670 . Public Works (415) 833,6630 . RecreatIOn (41 material and engage the metal portion of the sliding door. The primary 101"'" device shall be operable by a keyed or code lock inside. Doors with 2 sli,' panels shall be locked at the meeting rails and shall have an auxiliary loc ~ng device as described above. 8. Windows. All accessible windows which are not located at the front or main entrance side of a non-residential building shall be made secure as follows: a) Sliding glass windows shall be secured on the inside with a locking device capable of withstanding prying or wrenching. An auxiliary lock shall be installed on each sliding window that prevents movement in the sliding track. b) Louvered windows shall not be used within eight feet of ground level, adjacent structures, or fire escapes. c) Casement type windows shall be secured with a netal to metal locking device contacting both frames of the window at the meeting edge. Auxiliary locks such as a pin that penetrates both frame structures shall be installed on casement and double hung windows. - d) Windows shall not be located within 40 inches of the locking device of any door not located 'on the main entrance side of the non-residential building unless the windows are glazed with 1/4" tempered glass. 9. Openable transoms. All exterior openable transoms exceeding 8 x 12 which ar." not located on the front or main entrance side of a non~residential buildin ."1 shall be protected with a steel griLl, and 1/4" minimum bars not more than 2" .( center or by a screen with 1/8" diameter wire mesh not more than 2" on center mounted on the inside. 9. Roof openings. All skylights on the roof of a non-residential building shall be protected by: a) Iron bars 1/2 inch minimum diameter not more than 8" on center or; b) A screen with 1/8" diameter wire mesh not more than 2" on center. All roof access hatches of non-residential building shall be protected as follows: a) If the hatchway is of wooden material, it shall be covered on the inside with at least 16 gauge sheet steel or its equivalent attached with screws at 6" o. c. ; b) The hatchway shall be secured from the inside with a slide bar or slide bolts; All air duct walls of any covering the c) Outside hinges on all hatchway openings shall be provided with non-removable pins when using pin-type hinges. or air vent openings exceeding 8" x 12" on the roof or exterior." building or premise used for business purposes shall be secured ~ ' sarne with eitherof the following: "1, .. .... ...~.... ., (' "',~ ;'~ . . .. ~~ ~.:~ ~,./-;j .\ .' . a) Iron bars of at least 1/2" round or 1" x 1/4" flat steel material, spaced no more than 8" o.c. apart and securely fastened. 10. Exterior ladders. Exterior ladders to the roof are not permitted. 1/90 .:~~ SAMPLE CITY OF DUBLIN 100 Civic Plaza Dublin CA 94568 (415) 833-5630 . In order to assist applicants in the development of commercial/industrial property, the City of Dublin Public Works Department has prepared the following list of Conditions of Approval that have typically been used. This list should not be considered all-inclusive. This list should be used as a ~uide only. Each application is analyzed separately and only Conditions that apply to a specific application will be recommended as Conditions of Approval for that application. Additional Conditions may be imposed as deemed necessary by the City. Prior to the actual preparation of development plans, it is highly recommended that Applicants meet with City Planning and Engineering Staff members to discuss Zoning ;_ and Engineering design requirements, submittal requirements and processing . procedures. TYPICAL PUBLIC YORKS CONDITIONS OF APPROVAL FOR COMMERCIAL/INDUSTRIAL SITE DEVELOPMENT REVIEW OR CONDITIONAL USE PERMIT DEVELOPMENT ARCHAEOLOGY: 1. If, during construction, archaeological remains are encountered, construction in the vicinity shall be halted, an archaeologist consulted, and the City Planning Department notified. If, in the opinion of the archaeologist, the remains are significant, measures, as may be required by the Planning Director, shall be taken to protect them. .': CREEK: - 2. Buildings shall be no closer than 20 feet from top of the bank along the Creek, where the top of bank is either the existing break in topography, or a point at the existing ground line which is the intersection of a line on a two- horizontal-to-one~vertical slope begun at the toe of the slope in the Creek (whichever is more restrictive.) DRAINAGE: 3. Roof drains shall empty onto paved a~eas, concrete swales, or other approved dissipating devices. Concentrated flows will not be allowed to flow over walkways, 4. A minimum of 12" diameter pipe shall be used for all public storm drains to ease maintenance and reduce potential blockage. 5. Under-sidewalk drains shall be provided to allow on~site drainage to be tied in, should the need arise. EXHIBIT ~. . Rev: 5/17/89 - 1 - " DEBRIS: e: 6, Measures shall be taken to contain all trash, construction debris, and materials on-site until disposal off-site can be arranged. Developer shall be responsible for corrective measures at no expense to City of Dublin. DUST: 7. Areas undergoing grading, and all other construction activities, shall be watered, or other dust-pallative measures may be used, to prevent dust, as conditions warrant or as directed by the Public Works Official. 8. Dust control measures, as approved by the Public Works Director/City Engineer shall be followed at all times during grading and construction operations. EASEMENTS: 9. The developer shall acquire easements, and/or obtain rights-of-entry from the adjacent property owners for improvements required outside of the development site. Copies of the easements and/or rights-of-entry shall be in written form and be furnished to the Public Works Direct~r/City Engineer. 10. Existing and proposed access and utility easements shall be submitted for review and approval by the Public Works Director/City Engineer prior to acceptance of the development. These easements shall allow for practical vehicular and utility service access for all lots. . EROSION: 11. Prior to any grading of the site, and in any case prior to issuance of a grading permit, a detailed construction grading/erosion control plan (including phasing); and a drainage, water quality, and erosion and sedimentation control plan for the post-construction period, both prepared by the Project Civil Engineer and/or Engineering Geologist, shall be approved by the Public Works Director/City Engineer. Said plans shall include detailed design, location, and maintenance criteria, of all erosion and sediment control measures. The post-construction plan shall attempt to insure that no increase in sediment or pollutants from the site will occur. The plan shall provide for long-term maintenance of all permanent erosion and sediment control measures such as slope vegetation. The construction grading/erosion control plan shall be implemented in pl~ce by October 15th and shall be maintained in place until April 15th unless otherwise allowed in writing by the Public Works Director/City Engineer~ It shall be the developer's responsibility to maintain the erosion and sediment control measures for the year following acceptance of the development by the Public Works Director/City Engineer. FEES AND/OR DEPOSITS 12. Fees and/or deposits will be required per the City of Dublin Public Works Fee and Deposit schedules. . - 2 - Rev: 5/17/89 FIRE: 13. Install fire hydrants at the locations approved by the Dougherty Regional Fire Authority in accordance with the standards in effect at the time of development. A raised blue reflectorized traffic marker shall be epoxied to the center of the paved street opposite each hydrant. ." , , 14. All materials and workmanship for fire hydrants, gated connections, and appurtenances thereto, necessary to provide water supply for fire protection, must be installed by the developer and conform to all requirements of the applicable provisions of the Standard Specifications of Dublin San Ramon Services District and Dougherty Regional Fire Authority. All such work will be subject to the joint field inspection of the Public Works Director/City Engineer and Dublin San Ramon Services District. 15. The development plans must be approved by the Dougherty Regional Fire Authority as evidenced by their signature on the Title sheet. FLOOD CONTROL: 16. Comply with Alameda County Flood Control District requirements. 17. In the lOO-year Flood Hazard Zone, commercial buildings shall either provide flood-proofing, or have their ~inished floor elevation above the IOO-year flood level. FRONTAGE IMPROVEMENTS: 18. Dedication of land shall be made to the City of Dublin such that it conveys land sufficient for the approved streets' right-oi-way. Improvements shall be made, by the applicant, along all streets within the development and as required off-site, to include curb, gutter, sidewalk, paving, drainage, and work on the existing paving, if necessary, from a structural or grade continuity standpoint. .': FUTURE CONFORMANCE: 19. The design and improvements of the development shall be in conformance with the design and improvements indicated graphically, or as modified by the Conditions of Approval. The improvements and design shall include street locations, grades, alignments, and widths, the design and storm drainage f~cilities inside and outside the development property, grading'of lots, the boundaries of the development property, and shall show compliance with ~ity standards for roadways. GRADING: 20. The minimum uniform street gradient shall be 1.0 percent. Parking lots shall have a minimum gradient of 1.0 percent, and a maximum gradient of 5.0 per cent. Ko cut or fill slopes shall exceed 2:1, unless approved by the project's Soils Engineer and reviewed and approved by the Public Works Director/City Engineer. Slopes shall be graded so that there is both horizontal and vertical slope variation, where visible from public areas, in order to create or maintain a natural appearance. ..~, Rev: 5/17/89 - 3 - . 21. Prior to final preparation of the subgrade and placement of base materials, all underground utilities shall be installed and service connections stubbed out behind the sidewalk. Public utilities, Cable TV, sanitary sewers, and water lines, shall be installed in a manner which will not disturb the street pavement, curb, gutter and sidewalk, when future service connections or exten~ions are made. 22. Grading shall be completed in compliance with the construction grading plans and recommendations of the Project Soils Engineer and/or Engineering Geologist, and the approved erosion and sedimentation control plan, and shall be done under the supervision of the Project Soils Engineer and/or Engineering Geologist, who shall, upon its completion, submit a declaration to the Public Works Director/City Engineer that all work was done in accordance with the recommendations contained in the soils and geologic investigation reports and the approved plans and specifications. 23. Any grading on adjacent properties will require written approval of those property owners affected. 24. The developer shall keep adjoining public streets free and clean of project dirt, mud, materials, and debris during the construction period, as is found necessary by the Public Works Official. ' 25. Where soil or geologic conditions encountered in grading operations are different from that anticipated' in the soil and geologic investigation report, or where such conditions warrant changes to the recommendations contained in the original soil investigation, a revised soil or geologic report shall be submitted . for approval by the Public Works Director/City Engineer. It shall be accompanied by ~an engineering and geological opinion as to the safety of the site from hazards of . .: land slippage, erosion, settlement, and seismic activity. HANDICAPPED ACCESS: 26. Handicapped ramps and parking shall be provided as required by State of California Title 24. IMPROVEMENTS: 27. An as-built landscaping plan prepared by the project Landscape Architect and a declaration by the Project Landscape Architect that all work was done under his supervision and in accordance with the recommendations contained in the landscape and soil erosion and sedimentation control plans shall be submitted to the Public Works Director/City Engineer. 28. Grading of the subject property must conform with the approved grading plan and recommendations of the soils engineer to the satisfaction of the Public Works Director/City Engineer. 29. The following shall have been submitted to the Public Works Director/City Engineer . a. An as-built grading plan prepared by a registered Civil Engineer, including original ground surface elevations, as-graded ground surface elevations, lot drainage, and locations of all surface and subsurface drainage facilities. - 4 - Rev: 5/17/89 b. A complete record, including location and elevation of all field density tests, and a summary of all field and laboratory tests. c. A declaration by the Project Civil Engineer and Project Geologist that all work was done in accordance with the recommendations contained in the soil and geologic investigation reports and the approved plans and specifications. .,: 30. Prior to issuance of the encroachment permit, a cash bond or surety bond shall be provided and approved by the Public Works Director/City Engineer to guarantee the proper installation of public improvements. 31. Prior to release of the bond posted on encroachment permit: a. All improvements shall be installed as per the approved plans. b. All required landscaping shall be installed and established. SITE PLANS AND GRADING PLANS: 32. Obtain copies of and comply with conditions as noted on "City of Dublin General Notes on Improvement Plans" and "City of Dublin Improvement Plan Review Check List." 33. 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. .. .. ,'. 34. Complete site plans and grading plans shall be submitted to, and be approved by, the Public Works Director/City Engineer and other affected agencies having jurisdiction over public improvements, prior to issuance of the grading or encroachment permit. Plans shall show the existing and proposed improvements, both on-site and along adjacent public street(s), and property that relate to the proposed improvements. MAINTENANCE OF COMMON AREA: 35. Maintenance of common areas, including ornamental landscaping, graded slopes, erosion control plantings and drainage, erosion and sed~ment control improvements, shall be the responsibility of the developer during construction stages and until final improvements are accepted by the Ci~y Council and the securities are released (one year after improvements are accepted). Thereafter, maintenance sha~l be the responsibility of a property owners' association or individual property owners, depending upon how maintenance is to be handled. MISCELLANEOUS: 36. Copies of the plans indicating all public improvements shall be submitted at 1"- 400-ft. scale, and 1"- 200~ft. scale for City mapping purposes. 37. The developer shall be responsible for controlling any rodent, mosquito, or other pest problem due to construction activities. . - 5 - Rev: 5/17/89 NOISE: .~' 38. Construction and grading operations shall be limited to weekdays (Monday , through Friday) and the hours from 7:30 a.m. to 5:30 p.m" except as approved in writing by the Public Works Director/City Engineer. PERMITS: 39. Commercial/industrial property within the City of Dublin generally requires a grading and/or encroachment permit. A grading permit is required to review and inspect onsite improvements, typically involving but not limited to grading, drainage, and public access. An encroachment permit is required for all work done in the public right-of.way. PUBLIC IMPROVEMENTS: 40. Any relocation of improvements or public facilities shall be accomplished at no expense to the City. STREETS: . 41. The street surfacing shall be asphalt concrete paving. The Public Works Director/City Engineer shall review the project's Soils Engineer's structural pavement design. The subdivider shall, at his sole expense, make tests of the soil over which the surfacing and base is to be constructed and furnish the test reports to the Public Works Director/City Engineer. The Developer's soils engineer shall determine a preliminary structural design of the road bed. After rough grading has been completed, the developer shall have soil tests performed to determine the final design of the road bed. In lieu of these soil tests, the road may be designed and constructed based on an R.value of 5. 42. An encroachment permit shall be secured from the Public Works Director/City Engineer for any work done within the public right-of.way. STREET LIGHTS: 43. Install street light standards and luminaries of the design, spacing, and locations, approved by the Public Works Director/City Engineer and P.G.& E. STREET TREES: 44. Street trees, of at least a IS-gallon. size, shall be planted along the street frontages. Trees shall be planted in accordance with a planting plan, including tree varieties and locations, approved by the Public Works Director/City Engineer. Trees planted within, or adjacent to, sidewalks shall be provided with root shields. WATER: 45. Water facilities must be connected to the DSRSD system, and must be installed at the expense of the developer, in accordance with District standards and specifications. All material and workmanship for water mains, and appurtenances thereto, must conform with all of the requirements of the officially adopted Water Code of the District and will be subject to field inspection by the District. . - 6 - Rev: 5/17/89 46. Any water well, cathodic protection well, or exploratory boring shown on the map, that is known to exist, is proposed. or is located during the course of field operations, must be properly destroyed, backfilled, or maintained in accordance with applicable groundwater protection ordinances. Zone 7 should be contacted (at 443-9300) for additional information. ZONING: 47. Comply with all zoning provisions, including Zoning Ordinance and rezoning Conditions of Approval. - 7 - Rev: 5/17/89 . .... .'. .> .:; . THE CITY OF DUBLIN P,O, Box 2340 Dublin. CA 94568 (415) 829-4600 STANDARD PLANT MATERIAL, IRRIGATION SYSTEM AND MAINTENANCE AGREEMENT (property owner) do hereby shrubs and ground cover) will be the City of Dublin's approved (name of I agree that all, plants (trees, installed ~n accordance with landscape plan for proj ect) located at (address) . All plants will be replaced in kind as per the approved plan, at such time as they are found to be missing, diseased, damaged, or dead, for at. least one (1) year from the date of their installation. I further agree that all plants will henceforth be irrigated, fertilized, weeded and tended on a regular basis such that they will maintain a healthy and weedfree appearance. I further agree that the irrigation' system will be installed according to the irrigation plans as approved by the City of Dublin, and that said system will be kept in good working order for at least one (I) year from the date of the landscaping installation. This agreement is binding against this and all property owners of record. Signed: Date: EXHIBIT K Form 83-05 1/83 " .'. ..-:! . ., ',( ~ ,,' " ',' .... ...: .;.. 1',' , '. 4' I if!b4" I I 2'~O'~ ,~,J , . It,; , I ijJ, I ! ..'\. . ". . . . ',I Ii II ill II " 11 I' I , II '-~, I ! ;" , II, " 1~ I ' II 'J ,1 ztO ,i Sri. f' -~.) i i1 \J If r I' ! I II II !i ~ 111 t ,I , ' -f4PIL~L- f'~d~ ~t~ P1Hf:L_ DC. +ML- -,III "0" If): - :. ..:.. #.. '. , , ~' " ". "... . .' ......;. ..:.. ,. .'. ,I,: ....., ' "., I i i I I =al I i - I ~! , i ~ EXHIBIT SAMPLE .', .' 1-- .:, ;" .~: .,;:. . .') - . ~I APPROVED CURB - o I C'...\. IN q' II -0 - -~ ~ ENLARGED SECT ION ENLARGED PLAN SECTION NOT TO SCALE CITY OF DUBLIN PLANNING DEPT, PARALLEL PARKING DETAIL SHEET I OF I ------. ------- ------- ------. ------ ------- ------- ----------------------- ----------.... .',' .'\ . November 21. 1995 RECL;IVE~ l\(lV 2 7 1995 Planning Director, Planning Commission, City Council City of Dublin P.O. Box 2340 Dublin CA 94568 DUBliN Pf.AMr,r,' r~ Regarding Project Name: PA 95-040, Caffino Drive-Up Espresso Bar/Kiosk Dear People: ~~ile I believe an Espresso Bar offers value to our community, I feel a Drive-Up establishment at this location will be a major public safety hazard. The intersection of San Ramon Blvd. and Amador Valley Blvd. is very busy through. out the entire day. It is especially busy between 6:00 am and 9:00 am in the morning when most people are on their way to work. This is the same time when I would expect a drive-up espresso bar to be the most popular. A drive-up espresso bar located on the North West corner of the intersection will not only increase the overall amount of traffic at the intersection but also increase the amount of stop-and-go traffic, slowing the overall flow through the intersection. This specific intersection also has a significant amount of pedestrian traffic throughout the entire day. The intersection only allows for pedestrian crossing of San Ramon Blvd. on the North side of Amador Valley Blvd. Pedestrians attempting to cross from West to East across San Ramon Blvd. will be directly in the path of oncoming vehicles leaving this drive-up espresso bar. I believe it is not in the best interest of community public safety, to allow a drive-up espresso bar/kiosk at this location. Sincerely, ~~~ David A. Cambra 11863 Flanagan Court Dublin Ca 94568 EXHIBIT N RESOLUTION NO. 96 - 01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN e. RECOMMENDING ADOPTION OF A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE FOR PA 95-040 CAFFINO INC. SPECIFIC PLAN AMENDMENT, CONDmONAL USE PERMIT AND SITE DEVELOPMENT REVIEW, LOCATED AT 7360 SAN RAMON ROAD WHEREAS, Caffino Inc., submitted an application requesting approval of a Specific Plan Amendment to modify Area 3 of the San Ramon Road Specific Plan to allow drive-in or drive-through restaurants as a conditional use; Conditional Use Permit to allow a drive-in or drive-through restaurant, which serves food for consumption in a short amount of time; to allow the alteration or expansion of a pre..existing use; and Site Development Review to construct a 220 ::I: square foot drive-up espresso barlkiosk at 7360 San Ramon Road; and WHEREAS, the California Environmental Quality Act (CEQA), State CEQA guidelines and City Environmental Guidelines require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; 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 prepared for this project as it will not have a significant effect on the environment; and WHEREAS, the Planning Commission did hold a public hearing on said application on December 5, 1995, and continued the public hearing to January 16, 1996; did review and consider the Negative Declaration; and did adopt Resolution No. 96- 01, recommending that the City Council adopt the Negative Declaration for PA 95- 040 Caffino Inc., Specific Plan Amendment, Conditional Use Permit, and Site Development Review; and WHEREAS, public notice of Negative Declaration was given in all respects as required by law. .'~ NOW, THEREFORE. BE IT RESOLVED that the Planning Commission of the City of Dublin does hereby find: 1. That the project will not have a significant effect on the environment; and 2. That the project complies with State and local laws and guideline regulation; and 3, That the Negative Declaration is complete and adequate. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby recommend that the City Council adopt the Negative Declaration for P A 95~0 Caffino Inc. PASSED, APPROVED AND ADOPTED this 16th day of January, 1996. AYES: NOES: ABSENT: Commissionen Zika, Geist, Johnson Commissioner Jennings None ATTEST: ~ Planning Director EXHIBIT 0 . ..., , , .: . RESOLUTION NO. 96 - 02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DtmLIN RECOMMENDING APPROVAL OF PA 95-040 CAFFINO INC. CONDmONAL USE PERMIT LOCATED AT 7360 SAN RAMON ROAD WHEREAS, Ca:f6no Inc., submitted an application requesting approval of a Specific Plan Amendment to modify Area 3 of the San Ramon Road Specific Plan to allow drive-in or drive-through restaurants as a conditional use; Conditional Use Permit to allow a drive-in or drive-through restaurant, which serves food for consumption in a short amount of time; to allow the alteration or expansion of a pre~sting use; and Site Development Review to construct a 220 :f:: square foot drive-up espresso bar/kiosk at 7360 San Ramon Road; and WHEREAS, the Planning Commission did hold a public hearing on said Conditional Use Permit application on December 5, 1995, and continued the public hearing to Janumy 16, 1996; and WHEREAS, proper notice of said 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 bas been prepare4 for this project as it will not have a significant effect on the environment; and WHEREAS, Section 8-48.2 (A)(8). CONDmONAL USES REQUIRING PLANNING COMMISSION APPROVAL. of the Zoning Ordinance identifies a drive-inIdrive-1hrough business as a conditional use in the C-l. Retail Business District; and WHEREAS, the proposed use would meet the intent of the C-l District because it would allow drive-in and drive-through restaurants as a conditional use in Area 3 and would allow additional retail uses to be developed on individual in-fill sites suitable for drive-through uses; and WHEREAS, such uses would be valuable commercial uses to the City of Dublin; and WHEREAS, the Planning Commission did consider a Specific Plan Amendment to allow drive-in and drive-through restaurants as a conditional use in Area 3 of the San Ramon Road Specific Plan and did recommend that the City Council approve said Amendment; 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 Planning Commission of the City of Dublin does hereby find: 1) The use is required by the public need in that it will provide a convenient drive-through use that will effectively serve commuters traveling on San Ramon Road and Amador Valley Boulevard; and 2) That the use will be properly related to other land uses, transportation and service facilities in the vicinity in that it is located within compatJble retaiIland uses; at a location with adequate access to and from San Ramon Road and Amador Valley Boulevard; and that all public facilities are adequate and available; and 3) The proposed project will not materially affect the health or safety of persons residing or working in the vicinity since all applicable regulations will be met; and 4) The project will not be contraIy to the specific intent clauses or performance standards established for . the district in which it is located since conditions have been applied to ensure conformance with applicable zoning regulations, and the use would be consistent with the character of the surrounding downtown area; and BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby recommend that the City Council conditionally approve P A 9S..o40, Caffino IDc" Conditional Use Permit 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 Site Development Review, the Area 3, San Ramon Road Specific Plan Amendment and to the following conditions: CONDmONS OF APPROVAL: Unless stated otherwise. all Conditions of ADOroval shall be comolied with Drior to the issuance ofbuilding -permits or establishment of use. and shall be subiect to Planning Deoartment review and aDoroval. The following codes reoresent those departments/agencies resoonsible for monitorine comDliance of the conditions of aooroval, IPLl PlanninlZ. 1B1 BuiIdine. !POl Police. fPWl Public Works. rADMl Administration/Citv Attornev. rFrnl Finance. IF1 DoulZhertv Re2ional Fire Autboritv. IDSRl Dublin San Ramon Services District rCOl Alameda Countv Deoartment ofEnvironmentaI Health. GENERAL 1. This Conditional Use Pennit approval for P A 95-040 is to allow a drive-in or drive-through restaurant. which serves food for consumption in a short amount of time, and the alteration or expansion of a pre- existing use (Workbench). 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 may be modified by the conditions of this Resolution. [PL] .\ ',I 2. The Applicant and Property Owner shall provide twenty-two (22) parking spaces and shall maintain this required number of parking spaces for both the hardware store and the espresso bar/kiosk uses at all times. [PL] 3. The hours of operation for the espresso bar/kiosk use shall be from 5:00 a.m. to 9:00 p.m. The espresso barlkiosk: use may operate seven (7) days per week. [PL] EASEMENTS/AGREEMENTS 4. To allow for parking, driveway access and drive-through aisleway aCCess to the project, cross vehicular access easements, or other appropriate documCD;ts approved by the Planning and Public Works Departments, shall be recorded between the subject property and the properties to the north in exchange for cross vehicular access easements through those properties. The cross vehicle access easements shall be submitted. for review and approval by the Planning and Public Works Director and the City Attorney prior to recordation. [PL, PW, ADM] 5. The Applicant shall acquire any ea.cemellts or rights--of-entty from the adjacent property owners to the north for improvements and/or construction activity that occurs or is required outside of the subject property. Easements or rights-of-entry shalI be in a written form and shall be furnished to the Public Works Director. [PW] 6. A recorded copy of the cross vehicular access easements required by Condition # 4, and the easements or rights-af-entry required in Condition # 5, shalI be submitted prior to the issuance of a building permit [PL, PW, B. ADM] e: 2 .. MISCELLANEOUS 7. The Applicant and Property Owner shall comply with all applicable Planning, Building, Public Works, Dublin San Ramon Services District. Dougherty Regional Fire Authority, Dublin Police Services and the Alameda County Environmental Health regulations and requirements. [PL, B, PW, DSR. F, PO, CO] 8. All signage proposed for the espresso barlkiosk and use shall be subject to the requirements of the sign regulations of the Zoning Ordinance. [PL] 9. The Applicant and Property Owner shall be responsible for clean-up and disposal of any project-related traSh and sball maintain the site in a clean, litter-free condition at all times. [PL] 10. The espresso barlkiosk use shall be conducted so as not to create a nuisance to surrounding and/or adjacent businesses. [PO, PL] 11. Amplified music or other noise generated by the use sball not be permitted to project off-site. [PL, PO] 12. All activities associated with this use shall be conducted entirely within the enclosed espresso barlkiosk, with the exception of the drive-through and walk-up windows and the one or two customer greeters during morning peak hours. [PL] 13. The use of any accessory structures, such as storage sheds or trailer/container units, used for storage or for any other purpose, sball not be allowed on the site at any time. [PL, B, F] .:, 14. Long or short term storage and/or parlcing of motor vehicles shall not be permitted on the site. [PL] IS. All landscape areas on and off the site shall be installed as shown on Exhibit ~ Sheet AI, and shall be properly maintained at all times. Any proposed or modified landscaping to the site shall require prior review and written approval from the Planning Department. [PL] 16. On at least an annual basis, this Conditional Use Permit approval shall be subject to Zoning Investigator review and determination as to the compliance with the Conditions of Approval. [PL] 17. This approval shall become null and void in the event the approved use is not constructed within 1 year or ceases to operate for a continuous one.year period. [PL] 18. This permit shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. Any violation of the tenns or conditions of this permit may be subject to the issuance of a citation. [PL] PASSED, APPROVED AND ADOPTED this 16th day of January, 1996. AYES: NOES: ABSENT: Commissioners Zika, Geist, Johnson and Commissioner Jennings . None .~ ~g~ 3 RESOLUTION NO. 96 - 03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN . RECOMMENDING APPROVAL OF PA 9s.040 CAFFINO INC. SITE DEVELOPMENT REVIEW LOCATED AT 7360 SAN RAMON ROAD WHEREAS, Caffino Inc., submitted an application requesting approval of a Specific Plan Amendment to modify Area 3 of the San Ramon Road Specific Plan to allow drive.in or drive-through restaurants as a conditional use; Conditional Use Permit to allow a drive--in or drive-through restaurant, which serves food for consumption in a short amount of time; to allow the alteration or expansion of a pre~xisting use; and Site Development Review to construct a 220 :I: square foot drive--up espresso barlkiosk at 7360 San Ramon Road; and WHEREAS, the Planning Commission did hold a public hearing on said Site Development Review application on December 5, 1995. and continued the public hearing to Ianwuy 16, 1996; and WHEREAS, proper notice of said 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 prepared for this project as it 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 hereinaJx>ve set forth. .> NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Dublin 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 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 inCOIporated into the project in order to insure compatibility of this project with the development's design concept or theme and the character of adjacent buildingsandwes. . 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. .''. ..i . BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby recommend that the City Council conditionally approve P A 95~40, Caffino Inc, Site Development Review application, as generally depicted by materials labeled Exhibit A. stamped approved and on file with the Dublin Planning Deparnnent and subject to the approval of the related Conditional Use Permit and to the following conditions: CONDmONS OF APPROVAL: Unless stated otherwise. all Conditions of ADDroval shall be complied with Dnor to the issuance ofbuilding vermits or establishment of use. and shall be subiect to Planninl! Deoartment review and approval. The following codes reDresent those deDartmentsla2encies resoonsible for monitoring comDliance of the conditions of aDproval, fPL 1 Planning. fBl Buildine:. [POl Police. fPWl Public Works. rADMl Administration/City Attornev. IFINl Finance. IFl Douehertv Reeional Fire Authority. IDSRl Dublin San Ramon SeIVices District. rcm Alameda County Demutment of Environmental Health. rZ7l Zone Seven. GENERAL 1. This Site Development Review approval for P A 95~40 is to allow for the construction of a 220 :t square foot drive-up espresso barlkiosk 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 AIchitects, dated received by ~e 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] 2. The placement of the espresso barlkiosk structure must be located at least SO 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] 3. The Applicant sball comply with all applicable City of Dublin Site Development Review Standard Conditions and the City of Dublin Non-Residential Security Requirements (Attachments 3 and 4). [PL] 4. All signs for the espresso bar/kiosk structuIe and use shall be subject to the requirements of the sign regulations of the Zoning Ordinance. [PL] PUBLIC WORKS 5. Prior to the issuance of a building permit, the Applicant shall voluntarily pay the amount of Sl,097 .00, payable to the City of Dublin, to mitigate traffic impacts. [pW, B] 6. The project shall conform to requirements of the, City of Dublin "Typical Public Works Conditions of Approval for CommerciallIndustrial Site Development Review or Conditional Use Permit Development" and "City of Dublin Improvement Plan General Notes" (Attachment 5). [PW] 7. 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) 8. The Applicant shall pmchase or provide the funds for the purchase from the City of Dublin, with approval by the City Council, the existing portion right-of-way property directly in front of the Sleep Shop parcel (Assessors Parcel Number 941..()4()-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 9. The Applicant shall submit a grading, drainage, striping and improvement plan subject to review and approval by the Public Works Director. Ifneeded, a grading pennit shall be required for site grading and drainage. [PW] . 10. 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] 11. Where storm water flows against a cwb, a cwb with gutter shall be used. The flow line of all asphalt paved areas carrying water shall be sluny sealed at least three feet on either side of the center of the swale. [PW] 12. All catch basins within paved areas not against CUIb 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 A. Sheet AI, 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 SUiping Detail" (Attachment 7), Handicapped, visitor, employee and compact parking spaces shall be appropriately identified on the pavement and designated on the parking plan. [PL] .::" .. 16. Handicapped mmps, 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 CUIb or equivalent on landscape fingers and islands adjacent to parking stalls to allow for pedestrian access. [PL] ARCHlTECI1JRAL 18. Exterior colors and materials used for the ki~ structure shall conform to the colors and materials specified by the Applicant's Revised Project Description. submitted to the Dublin PIanning 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] 19. LANDSCAPE AND IRRlGATION PLANS A final detailed Landscape and Irrigation Plan (at 1 inch c 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 pJJ'lnning 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 PIan. 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 (Attachment 6). [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 photometries 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 (Attachment 4). [B, PO] , 24. The Applicant shall work with the Dublin Police Services prior to submittal ofbuilding plans and on an ongoing basis to establish an effective robbery, theft prevention and security program.. [PO] 25, The Applicant and Property Owner shall keep the site clear of graffiti vandalism on a regular and continuous basis at all times. The Applicant should consider the use of anti-graffiti coating on all windows and wall surfaces of the kiosk. [PO] 26. Prior to issuance ofbuilding 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] FlRE PROTECfION 27. The Applicant shall comply with all applicable regulations and requirements of the Dougherty Regional Fire Authority (DRF A). [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 DRF A requirements. [F, B) 29. Prior to the issuance ofa building permit, the Applicant shall provide written confirmation to the Planning Department that the requirements ofDRF A. including any fees, have been, or will be, met [F] DUBLIN SAN RAMON SERVICES DISTRICI' lDSRSD) 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 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] 4 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 Pennit, 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] 35, Prior to issuance by the City of any Building Pennit, 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 IS working 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 ofDSRSD harmless and indemnify the same from any litigation. claims, or fines resulting from completion of the project. [DSR] ... " 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 phmnine Department that the requirements ofDSRSD, including any fees, have been. or will be, met. [DSR] ALAMEDA COUNTY FLOOD CONTROL AND WA1ER 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 offlood control improvements along the major streams'lnd arroyos within Zone 7 of the ACFC & WCD Board. Ordinance No. 53 of the ACFC & WCD prescnbes 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. [27] 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. [27] DEBRISIDUST/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. lB, PW] ..: 5 .' . . 43, Areas undergoing grading, and all other construction activities, shall be watered, or other dust palliative measures used. to prevent dust, as conditions warrant lB, 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. [pW, B] MISCELLANEOUS 45. Approval of the Site Development Review shall be valid for one year after the effective date ofthis approval. Building permits for the proposed project shall be secured and construction commenced within that time. H construction bas 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 D~ent 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 Dlans will not be acceoted without the annotated conditions attached to each set ofDlans. The Applicant will be responsible for obtaining the approvals of all participating non-City agencies prior to the issuance of building permits, lB, PL] 47. Prior to issuance ofbuilding 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 16th day of Januaxy, 1996. AYES: NOES: ABSENT: Commissionen Zika, Geist, Johnson and Commissioner Jennings None ~pSIT:. . ~ annmg Director 6 RESOLUTION NO. 96 - 04 .' A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING ADOPTION OF PA 95-640 CAFFINO INC. SPECIFlC PLAN AMENDMENT WHEREAS, Caffino Inc., submitted an application requesting approval of a Specific Plan Amendment to modify Area 3 of the San Ramon Road Specific Plan to allow drive-in or drive-through restaurants as a conditional use; Conditional Use Permit to allow a drive-in or drive-through restaurant, which selVeS food for consumption in a short amount of time and to allow the alteration or expansion of a pre-existing use; and Site Development Review to constroct a 220 ::I: square foot drive-up espresso bar/kiosk at 7360 San Ramon Road; and WHEREAS, the Planning Commission did hold a public hearing on said Specific Plan Amendment on December 5, 1995, and continued the public hearing to JanuaI)' 16, 1995; and WHEREAS, proper notice of said 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 prepared. for this project as it will not have a significant effect on the environment; and WHEREAS, the Planning Commission approved. a Specific Plan Amendment study request on November 21, 1995; and " WHEREAS, Area 3 of the San Ramon Road Specific Plan allows for the development of retail shopper stores oriented. to providing additional comparison shopping goods for both Dublin and nearby community residents; and .', ',\ .......-} and WHEREAS, it is the intent that the principal uses within Area 3, be reserved for retail shopper stores; WHEREAS, under certain circumstances, a limited amount of development can be for personal service uses which includes services of a personal convenience nature; and WHEREAS, Area. 3 regulations prohibit drive-in and drive-through restaurants, which sell food for consumption in a short time; and WHEREAS, the intent ofprohibiting drive-in or drive-through uses was to foster attractively designed large scale commercial developments within Area 3 of the Specific PIan; and WHEREAS, said large scale development has occurred with small in-fill sites rem~ining; and WHEREAS, said small in-fill sites could be suitable sites for drive-through uses if subject to Conditional Use Permit approval; and WHEREAS, to allow drive-in and drive-through restaurants as a conditional use in Area 3 would allow additional retail uses to be developed on individual in-fill sites suitable for drive-through uses; and WHEREAS, such uses would be valuable commercial uses to the City of Dublin; and WHEREAS. the Staff'Report was submitted recommending that the Planning Commission recommend City Council approval of the application; and .' .'. e:: .. ." 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 recommend that the City Council adopt a Resolution to amend the San Ramon Road Specific Plan to allow drive-in and drive-through restaurants, which sell food for consumption in a short time, as a conditional use within Area 3. This amendment is subject to the following: AMENDING AREA 3 USES AS FOLLOWS: 1. modifying and deleting from Permitted Uses Eating and drinking establishments selling prepared food and liquor eue. these defifted as drive tBiauglt. 2, adding to Conditional Use d. Drive-in and Drive-through restaurants 3. deleting from Probibited Uses d. DIY/e iR &BEl Drive threuglt reSlBtifaBt5 PASSED, APPROVED AND ADOPTED this 16th day of Januaty, 1996. AYES: NOES: ABSENT: Commissionen Zika, Geist, Jobnson Commissioner Jennings None ~% Planning Director .