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HomeMy WebLinkAboutItem 6.1 MorganStonesLubeAppeal (2) -'7"'..,~ , . " .1 . CITY CLERK File # Dfl][2][Q]-b3][Q] AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 20,1998 SUBJECT: EXHIBITS ATTACHED: 1. . RECOMMENDATION: 1. 2. ~VW3. ~ 4. 5. PUBLIC HEARING: Consideration of Appeal of the Planning Commission Denial ofPA 98-046, Morgan Stone's Lube en' Latte, Conditional Use Permit and Site Development Review (Report Prepares by: Anne Kinney, Assistant Planner) 2. Letter Received September 29, 1998, Appealing Planning Commission Decision of September 22, 1998. Resolution Affirming Planning Commission Decision of September 22, 1998. Resolution Reversing Planning Commission Decision of September 22, 1998. Planning Commission Staff Report dated September 22, 1998, with attachments. Planning Commission Minutes for September 22, 1998 3. 4. 5. Open public hearing and hear Staff presentation Take testimony from the Applicant and public Question Staff, Applicant and public Close Public Hearing and Deliberate Options for Action: A. Adopt Resolution (Exhibit 2) Affirming the Planning Commission Decision of September 22, 1998 B. Adopt Resolution (Exhibit 3) Reversing the Planning Commission Decision of September 22, 1998 FINANCIAL STATEMENT: None : PROJECT DESCRIPTION: The Applicant, Morgan Stone is requesting approval of a Conditional Use Permit and Site Development review to allow the operation and construction of a 4,344 square foot drive-through auto service providing oil changing services and routine car maintenance. The business will also offer customers a lounge/waiting area where coffee and bakery goods may be purchased. Hours of operation would be from 7:00 a.m. until 7:00 p.m. Monday through Sunday. . ------------------------------------------------------------------- COPIES TO: Morgan Stone, Applicant Imer Baker, Property Owner 6.1 g\pa\98046\ccstaff ITEM NO. , i t I The project presents a well designed building which takes advantage of the site's location at the intersection of two major roadways and develops a parcel that has been vacant. Staffhas worked with the Applicant to design a workable site plan given the property's size and shape. The project meets the . minimum requirements of the Dublin Zoning Ordinance and is consistent with the Dublin General Plan and the Downtown Dublin Specific Plan. A copy of the Planning Commission staff report for September 22, 1998, is attached as Exhibit 4, in which staff recommended approval of the project. BACKGROUND Plalllzitzg Commission Meeting The item was heard before the J:>lanning Commission at a public hearing on September 22, 1998. A motion to approve the project was opposed by Commissioners, Jennings, Oravetz and Musser, on a 2-3 vote the motion failed for lack of a majority apd the project was denied. A copy of the Minutes from the public hearing are attached as Exhibit 5. On September 29, 1998, the Applicant filed a written appeal from the Planning Commission's decision (Refer to Exhibit 1 for a copy of the appeal letter). City Council Action: Under the City Zoning Ordinance, the City Council may affirm, affirm in part, or reverse the action of the Planning Commission, based upon findings of fact. Findings shall identify the reasons for the action on the appeal, and verify the compliance or non-compliance of the subject of the appeal with the provisions of the Appeals Chapter of the Zoning Ordinance. The City Council may adopt additional conditions of approval that address the specific subject of the appeal. . CONCLUSION: Based upon the Planning Commission Staff Report and Minutes for the September 22, 1998, public hearing, staff requests that the City Council evaluate the proposed project and either affirm or reverse the action of the Planning Commission. RECOMMENDATION: Staff recommends that the City Council conduct a public meeting, deliberate, and either (1) adopt Resolution (Exhibit 2) Affirming the Planning Commission action on September, 1998 to deny the project or (3) adopt Resolution (Exhibit 3) Reversing the Action of the Planning Commission, thereby approving the project. . 'G:\pa98046\ccstaff . 2 . . . '-- '-" r 1 1 "MORGAN H. STONE A/f'v~ , !:::::: CA /y l- , "'" / ' '\. \.-1// 1-'-'1 J'<-E~ 0. '..,. 'J !\c7tLRrI'ic .. 2116 M)Tl.fe Beach Lane .~ DanvilIe, CA 94526 . . Phone ( 925 ) 837-8504 Fa.x ( 925 ) 837-2559 /06 b1 .... ~ e ,.." ...,- -" -., r{~ 1:: ~/~;:j :"'1""-( 0 ? 1:q3 U.... _ I.J~ September 28, 1998 DUBliN P:.t\i..jN:~~G Kay Keck City of Dublin 100 Civic Plaza P.O. Box 2340 Dublin, CA 94568 RECEIVED - - S EP 2 ~ 1998 ClTY Ur UUBLIN Re: Morgan Stone's Lube en' Latte CUP application Appeal, Plarming Application # PA 98-046. Dear Ms. Keck, I am the applicant for the above referenced matter and would like to appeal the Planning Commission's denial of the application to the City Council. The particular use for which I applied meets all the requirements for this location and the . Commission's decision to deny is unfounded. Sincerely, w~-Iz,~ Morgan H. Stone EXHIBIT 1 l , ).ubb"l RESOLUTION NO. 98- . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AFFIRMING THE ACTION OF THE PLANNING COMMISSION REGARDING P A 98-046 MORGAN STONE'S LUBE 'N' LA TTE, 'CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW FOR A 4,344 SQUARE FOOT DRIVE-THROUGH AUTO BUSINESS PROVIDING OIL CHANGING, ROUTINE CAR MAINTENANCE AND COFFEE BAR SERVICE AT 737S-VILLAGE PARKWAY. WHEREAS, the Applicant, Morgan Stone has requested approval of a Conditional Use Permit and Site Development Review for a 4, 344 square foot drive-through auto business providing oil changing, routine car maintenance and coffee bar service at 7375 Village Parkway in a C-N Neighborhood Commercial Zoning District; and WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines and City environmental regulations require that certain projects be reviewed for environmental impact and that environmental documents be prepared; and WHEREAS, an Initial Study found that the project would not have an adverse impact on the . environment; and WHEREAS, a Negative Declaration has been prepared for this project and is on file in the Dublin Planning Department; and WHEREAS, the Planning Commission held a properly noticed public hearing on said application on September 22, 1998; and did deny pA98-046 Morgan Stone's Lube en' Latte Conditional Use Permit and Site Development Review; and WHEREAS, the Applicant, Morgan Stone has appealed the decision of the Planning Commission to the City Council; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Staff Report was submitted recommending that the City Council make a determination based on the provisions of the Appeal Chapter of the Zoning Ordinance; and WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony hereinabove set forth and used their independent judgment to make a decision; and . EXHIBIT 2 :r :3 :(, ;;, i NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does find that: . A. The proposed use would provide an over-concentration of auto-oriented uses at the intersection of two main arterial streets where existing businesses provide similar services to Dublin residents. B. The proposed use would provide an over-concentration of drive-through uses at the intersection of two main arterial streets in downtown Dublin. There are five existing drive-through businesses at this intersection which provide, fast-food and auto-oriented services. C. The appeal of the Planning Commission decision to deny PA 98-046 Lube en' Latte Conditional Use Permit and Site Development Review comnlies with the provisions of Chapter 8.136 "Appeals" ofthe Dublin Zoning Ordinance because the appeal public hearing was properly held and noticed. BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby affirm the September 22, 1998, decision of the Planning Commission regarding PA 98-046 Lube en' Latte Conditional Use Permit and Site Development Review at 7375 Village Parkway. . PASSED, APPROVED AND ADOPTED this 20th day of October, 1998. AYES: NOES: ABSTAIN: ABSENT: Mayor ATTEST: City Clerk g:\pa98046\ccreso2 . 2 l L/ ~ 61 RESOLUTION NO. 98- . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN REVERSING THE ACTION OF THE PLANNING COMMISSION REGARDING PA 98-046 MORGAN STONE'S LUBE 'N' LATTE, CONDITIONAL USE PERMIT, SITE DEVELOPMENT REVIEW AND ADOPTION OF A NEGATIVE DECLARATION FOR A 4,344 SQUARE FOOT DRIVE-THROUGH AUTO BUSINESS PROVIDING OIL CHANGING, ROUTINE CAR MAINTENANCE AND COFFEE BAR SERVICE AT 7375 VILLAGE PARKWAY. WHEREAS, the Applicant, Morgan Stone has requested approval of a Conditional Use Permit and Site Development Review for a 4, 344 square foot drive-through auto business providing oil changing, routine car maintenance and coffee bar service at 7375 Village Parkway in a C-N Neighborhood Commercial Zoning District; and WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines and City environmental regulations require that certain projects be reviewed for environmental impact and that environmental documents be prepared; and WHEREAS, an Initial Study found that the project would not have an adverse impact on the environment; and . WHEREAS, a Negative Declaration has been prepared for this project and is on file in the Dublin Planning Department; and WHEREAS, the Planning Commission held a properly noticed public hearing on said application on September 22, 1998; and did deny PA 98-046 Morgan Stone's Lube en' Latte Conditional Use Permit and Site Development Review; and WHEREAS, the Applicant, Morgan Stone has appealed the decision of the Planning Commission to the City Council; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; .' and WHEREAS, the Staff Report was submitted recommending that the City Council make a determination based on the provisions of the Appeal Chapter of the Zoning Ordinance; and WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony hereinabove set forth and used their independent judgment to make a decision; and . EXHIBIT 3 . . . .r 5 ~ / './ -' 'f i--"{) D NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby make the following findings and determinations regarding said proposed Conditional Use Permit: A. The Negative Declaration is adequate and in compliance with State law. B. The proposed use is compatible with other land uses, transportation and service facilities in the vicinity because the proposed use will be located in an area designated for commercial, office and retail uses in downtown Dublin at the intersection of two main arterial streets. C. The proposed use will not adversely affect the health or safety of persons residing or working in the vicinity, and will not be detrimental to the public health, safety and welfare because all City and Alameda County regulations and conditions-will be met: D. The use will not be injurious to property or improvements in the neighborhood because the Applicant has agreed to mitigate off-site traffic and circulation impacts by the voluntary payment of$7,616 for street improvements. E. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use and related structures would not be detrimental to the public health, safety, and welfare. F. The subject site is physically suitable for the type, density and intensity ofthe use and related structures being proposed. G. The proposed use is not contrary to the specific intent clauses, development regulations, and performance standards established for the C-N zoning district which encourages new development of small scale, low intensity uses in proximity to residential neighborhoods. Conditions of approval will ensure ongoing compatibility with adjacent commercial and residential uses. H. The proposed use is consistent with the Dublin General Plan and Downtown Dublin Specific Plan. I. The appeal of the Planning Commission decision to deny PA 98-046 Lube en' Latte Conditional Use Permit and Site Development Review complies with the provisions of Chapter 8.136 "Appeals" of the Dublin Zoning Ordinance because the appeal public hearing was properly held and noticed. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby make the following findings and determinations regarding said proposed Site Development Review: A. The approval of this Site Development Review application is consistent with the intent and purpose of Dublin Zoning Ordinance Section 8.104, SITE DEVELOPMENT REVIEW, because the project it is compatible with the .site and surrounding properties. 2 l, /oIibt b (j B. The approval of this application, as conditioned, complies with the Retail/Office designation of . the General Plan, the Downtown Dublin Specific Plan designation 'Zone 10: Village Parkway Mixed Uses', the C-N Neighborhood Commercial Zoning District as well as with all other requirements of the Zoning Ordinance because a drive-through auto business is a conditionally permitted use in such designation and zone. - C. The approval of the Site Development Review application, as conditioned, will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and general welfare because the construction of the building will conform to all laws and regulations and because -it will provide a new auto-related commercial use for the City. D. The approved site development, including site layout, structures, vehicular access, circulation and parking, setbacks, height, walls, public safety and similar elements has been designed to provide a desirable environment for the development. E. The subject site is physically suitable for the type and intensity of the approved development because it is graded and level. F. Impacts to views are addressed because the site is level and no views could be interrupted. G. Impact to existing slopes and topographic features are addressed because the site is level and there are not topographic features. . H. Architectural considerations, including the character, scale and quality of the design, the architectural relationship with the site and other buildings, building materials and colors, screening of exterior appurtenances, exterior lighting, and similar dements have been incorporated into the project and as conditions of approval in order to insure the compatibility of the development with the development's design concept or theme and the character of adjacent buildings, neighborhoods and uses. 1. Landscape considerations, including the locations, type, size, color, texture and coverage of plant materials, provisions and similar elements have been considered to insure visual relief and an attractive environment for the public. BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby approve the Conditional Use Permit and Site Development Review for PA 98-046 Morgan Stone's Lube 'N' Latte, subject to the following Conditions of Approval. This approval shall be generally depicted on the plans with notations, labeled Exhibit 2, consisting of five (5) sheets (Site/landscaping/floor plans, grading and survey plans, dated received June 19, 1998) and (elevations and roof plans, dated received July 29, 1998) prepared by planHOUSE, Architecture/Energy AnalysisIPlanning, and color elevations and material board, stamped approved and on file with the Dublin Planning Department, subject to compliance with the following conditions of approval: . 3 . . 3. . ,1 -?06b? CONDITIONS OF APPROVAL Unless stated othenvise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use, and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval. [PL] Planning, [B] Building, [PO] Polic-e~ [PW] Public Works, [ADM] Administration/City Attorney, [FIN] Finance, [PR] Parks & Recreation, [F] . Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [CO] Alameda County. GENERAL CONDITIONS 1. Approval: PA 98-046 Morgan Stone's Lube en' Latte is approved for the operation, construction, layout, and design of an 4,344 square foot drive-through auto business providing oil changing, routine car maintenance and coffee bar service, as generally depicted on the plans with notations, labeled Exhibit 2, consisting of three (3) sheets, prepared by planHOUSE, dated received June 19, 1998; two (2) sheets, prepared by planHOUSE, dated received July 29, 1998; and a color and materials board, dated received June 19, 1998, stamped approved and as specified by the following Conditions of Approval for this project. [PL] 2. Period of approval. This approval shall be null and void in the event the approved use fails to be established within one year, or ceases to operate for a continuous one-year period. [PL] Hours of operation. Hours of operation for the drive-through auto business shall be from 7:00 a.m. to 7:00 p.m. Monday through Sunday. [PL] 4. Noise/nuisances. The Applicant shall control all activities on the site so as not to create a nuisance to the existing or surrounding businesses or residents. No loudspeakers or amplified music shall be permitted to project or be placed outside of the building. [PL, PO] 5. Maintenance. The Applicant shall be responsible for maintaining the premises in a safe, clean- and litter-free conditions at all times. The Applicant shall be responsible for cleaning up and disposing of the business generated trash and litter on-site and off-site in the neighborhood. [PL] 6. Accessory structures. The use of any detached 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. Outdoor vehicle parking and/or storage, including the storage of materials or equipment of any kind is prohibited. [PL, B, F] 7. Business activities. All activities associated with this business shall be conducted inside of the building. [PL] 8. Modifications. Modifications or changes to this approval may be considered by the Community Development Director, if the modifications or changes proposed comply with Section 8.104.100 and 8.100.080, of the Zoning Ordinance. [PL] 4 , I:) f g ~ "bf . 9. Encroachment Permit. The Developer/Applicant shall obtain an Encroachment Permit for any . work that is perfonned in the City's right-of-way. [PW] SIGNAGE 10. Signage. All proposed signage for Morgan Stone's Lube en' Latte shall comply with the provisions of the Dublin Zoning Ordinance except as follow: [PL] 11. Wall-mounted sign on the building's curved southeastern facing elevation: IntemafIy illuminated, Individually lettered signs "Lube en' Latte" plus logo Maximum Sign Height: 8.8 feet - Maximum Sign Length: 14.8 feet 12. Wall-mounted sign on building's east elevation: Individual foam letters, non-illuminated "Coffee, Coolers, Magazines & More" Maximum Sign Height: 1.9 feet Maximum Sign Length: 43.2 feet 13. Design and location of signs. The design and location of these wall-mounted signs shall be as shown on the approved building elevation plan, labeled Exhibit 2, Sheet P-3. The color and illumination of these signs shall be submitted to the Planning Department for review and . approval prior to the issuance of a building permit for the installation of these signs and shall conform to the project's color and material board, dated received June 19, 1998. [PL, B] ARCHITECTURAL 14. Exhibit A. Building design and architectural treatments shall be as shown on the approved plans, Exhibit A. Exterior colors shall be consistent with the color. samples submitted by planHOUSE, dated June 19, 1998. Any variations or modifications to the design, layout and colors of the building may be considered and will require prior review and approval by the Conununity Development Department. [PL] 15. Screening. All ducts, meters, air conditioning equipment and other mechanical equipment on- site, either ground or roof mounted, shall be effectively screened or enclosed from public view with materials architecturally compatible with the main structure. [PL] , 16. Trash Bins. All trash bin(s) used for this site shall, at all times, be maintained within the covered trash/storage area as shown on the plans, Exhibit A. A minimum 10' wide x 20' long concrete apron shall be installed in front of the covered trash/storage area to facilitate the disposal company's mechanical pick-up service and shall reflect the dimensional criteria deemed acceptable by the Livermore Dublin Disposal Service. The trash enclosure may need to be covered to met the National Pollution Discharge Elimination System (NPDES) requirements. [pL, B] . 5 . . . ,1 70-; / c"' =1 LIGHTING 17. Isochart. The Developer shall prepare a Lighting Isochart to the satisfaction of the Director of Public Works and Director of Community Development. Exterior lighting shall be provided within the parking lot and on the building and shall be of a design and placement so as not to cause glare onto adjoining properties, businesses or to vehicular traffic. Lighting used after daylight hours shall be adequate to provide for security needs (1.0 foot candles). "Wall lighting around the perimeters of the building shall be supplied to provide "wash" security lighting. The Lighting Isochart shall be provided and subject to the review and approval of Dublin Police Services and the Community Development Department prior to the issuance of a building permit.[PL, B, PO] PARKING 18. Reciprocal Parking Agreement. The Applicant shall enter into a parking agreement with the adjacent property owner, if a parking issues arises, as determined by the Director of Community Development. The parking agreement shall be subject to Conditional Use Permit approval. If a Reciprocal Parking Agreement is not entered into, the Conditional Use Permit approving PA 98-046 shall be revoked. [PL] 19. Parking layout. All parking spaces for the site, shall be as shown on the approved plans, labeled Exhibit 2. The final layout and design of the parking area shall be subject to review and approval ofthe Zoning Administrator and the City Engineer. All spaces shall be double-striped with 4-inch wide stripes set approximately 2 feet apart. Handicapped, visitor, employee and compact parking spaces shall be appropriately identified on the pavement and designated on the parking plan. [PL, PW] 20. Parking stalls. All parking stalls shall be ten feet in width. [pL, PW] 21. Handicapped ramps. Handicapped ramps and parking stalls shall.be provided and maintained as required by the State of California Title 24 provisi~ns. All required handicap signage for the parking stalls shall be installed. [PL, PW, B] 22. Curb adjacent landscaping. All landscaping adjacent to parking stalls shall maintain a minimum 1 foot wide raised curb or equivalent to facilitate pedestrian access. Continuous curbing shall be provided for all parking stalls. [PL, PW] 23. Radii of landscape planters. All landscape planters within the parking area shall maintain a five (5) foot curb radius, or be 2 feet shorter than adjacent parking spaces (with three (3) foot curb radii) to facilitate vehicular maneuvering. [PL] 24. Striping, drive aisles and sidewalks. The Developer/Applicant shall configure the layout of pavement striping, drive aisles and sidewalks for maximized traffic safety, which will include traffic circulation, convenience and site distance per City of Dublin Zoning Standards. [PW] 25. Fire lanes. The Developer/Applicant shall have all curbs within the development which have been designated as fire lanes painted red with white three inch high lettering stating "NO STOPPING - FIRE LANE". [F, POI- 6 ~. JD /" :'rI :r66( 26. LANDSCAPING . Final Landscaping and Irrigation Plan. A Final Landscaping and Irrigation Plan shall be submitted to the satisfaction of the Director of Community Development. All landscaping shall be generally consistent with that shown on Exhibit 2, prepared by planHOUSE. [PL] 27. Fin-al Landscaping Plan. The final Landscaping Plan shall shown additional landscaping proposed for the project than that shown on the preliminary plan. [PL] 28. Landscaping at western property line. The proposed landscaping within the planter adjacent to the western property line shall be replaced with low densely growing plants to allow vehicle doors to open and drivers to disembark with ease. _-[PL] 29. . Landscaping at northern property line. A landscaping planter shall be installed along the northern property line at the base of the adjacent office building and shall conform with the requirements outlined in No. 28 above. [PL] 30. Obstruction. 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. [pL, PW] 31. Maintenance. All landscape areas on the site shall be enhanced and properly maintained at all . times. Any proposed or modified landscaping to the site, including the removal or replacement of trees, shall require prior review and written approval from the Community Development Department. [PL] 32. Standard Plant Material, Irrigation and Maintenance Agreement Form. The Developer/Property Owner shall complete and submit the Standard. Plant Material, Irrigation and Main~enance Agreement Form (attached) prior to the issuance of a building permit. [PL] 33. Installed prior to occupancy. Prior to final occupancy approval, all required landscaping and irrigation, including the installation of street trees and irrigation lines within the sidewalk, shall be installed. [pL, B] 34. Street trees. The Developer/Applicant shall provide street trees in City standard tree wells on the adjacent streets. The number and location of the trees will be determined during the Grading plancheck review process. [PW] 35. Landscape design and construction. The Landscape design and construction shall emphasize drought-tolerant and/or native species wherever possible. [PL] 36 Fencing. The applicant shall install an opaque fence along part of the western property line to screen the proposed development from the rear of the adjacent Valley Center building. This fence shall be shown on site and landscaping plans. [PL] . 7 . . . " II c6 b 1 37. Landscaping of walls and trash containers. Landscaping of walls and the trash container with the use of vines is encouraged to discourage graffiti on walls. [PL] POLICE SECURITY 38. Security hardware. All security hardware for the use must comply with the City of Dublin Non-Residential Security Requirements (attached) Security hardware must be provided for all doors, roll-up service bay doors, windows, roof, vents, and skylights and any other areas per Dublin Police Services recommendations and requirements. [B, PO] 39. Security program. The Developer/Ptoperty Owner shall work with Dublin Police Services on an ongoing basis to establish an effective robbery, burglary, theft prevention and security program for the business. [PO] 40. Graffiti. The DeveIoper/Property Owner shall, at all times, keep the site and building clear of graffiti vandalism on a regular and continuous basis. Graffiti resistant paints for the structures and film for windows or glass should be used. [PO, PL] 41. Addresses. Addressing and building numbers shall be visible from the approaches to the building. [PO] 42. Lighting over exterior doors. The Applicant shall provide lighting over exterior doors and provide for lighting in the parking lot areas. Lighting fixtures shall be of a vandal resistant type. [PO] 43. Height. Exterior landscaping shall be kept at a minimal height and fullness giving patrol officers and the general public surveillance capabilities of the area. [PO] FIRE PROTECTION 44. Regulations. The Developer/Property Owner shall comply with all applicable regulations and requirements ofthe Alameda County Fire Department (ACFD), including payment of all appropriate fees. [F] 45. Sprinklers. Automatic fire sprinklers shall be designed and installed to the specifications of NFPA 13 and 25. Plans and calculations shall be submitted to the fire department for review and approval prior to installation. A permit for the system installation shall be applied for and fees paid prior to installation. [F] 46. Hazardous Materials Management Plan. A Hazardous Materials Management Plan shall be completed and filed with the Alameda County Environmental Health Department. [F, B] 47. Flammable and combustible liquids. Provide details for the storage and dispensing of flammable and combustible liquids. [F] 48. Fire extinguishers. Portable fire extinguishers shall be installed in accordance with the Uniform Fire Code, and/or State Fire Code for the specific occupancy. [F] 8 " /5-. .'/ ~ '/ v.......:...) 49. Emergency lighting. Emergency lighting shall be installed. [F] . 50. KNOX box. A KNOX box shall be installed near the front entry to the satisfaction of the Fire Inspector. Two sets of keys shall be provided for the box. [F] 51. Fire Lanes. A "Fire Lane" shall be identified and so marked to allow emergency equipment access to the property (see Exhibit A). Said "Fire Lane" shall be constructed to support the imposed- loads of fire equipment. [F] 52. Fees. Prior to the occupancy of a building, a Fire Permit, Plan Review, Inspection and Service Fee shall be paid, in accordance with Alameda Cpunty Fire Department (ACFD), requirements. [F] WATER AND SEWER SERVICES 53. Requirements. The Developer/Property Owner shall comply with all applicable requirements and regulations of the Dublin San Ramon Services District (DSRSD). [DRS, PL] 54. Improvement plans. Prior to the issuance of a 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. [DRS] . 55. Easement dedications. Prior to the approval by the City of a grading permit, the locations and widths of all proposed easement dedications for water and sewer lines shall be submitted to and approved by DSRSD. [DRS] 56. Separate instrument. All easement dedications for DSRSD facili.ties shall be by separate instrument irrevocably offered to DSRSD or by offer of dedication on the Final Map. [DRS] 57. Fees. Prior to the issuance of a building permit, all utility connection fees, plan check 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. [DRS] 58. Improvement plans. Prior to the issuance of a 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 Developer 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 Developer shall allow at least 15 working days for final improvement drawing review by DSRSD before signature by the District Engineer. [DRS] . 9 . . . J ~ 'J '1'- J./ .;;-'!' I,..;~ 59. Utility Construction Permit. 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 #57 above have been satisfied. [DRS] 60. Hold Harmless. The Applicant/Developer/Property Owner shall hold DSRSD, its Board of Directors, commissions, employees, and agents of DSRSD harmless and indemnify and defend the same from any litigation, claims, or fines resulting from the construction and completion of the project. [DRS] DRAINAGE/GRADING 61. Grading Permit. The Developer/Applicant shall obtain a Grading Permit from the Public Works Department. ~ information packet on the Grading Permit process can be obtained at the Public Works counter at City Hall. Included in the Grading Permit packet is the City of Dublin's Plan Check List, which shall be adhered to as a part of these Conditions. [PW] 62. Drainage issues. The Developer's/Applicant's Civil Engineer shall address all drainage issues in and around the building. Issues which should be addressed include, but are not necessarily limited to: Roof water leaders shall drain to an approved drainage system; site drainage shall meet the current Uniform Building Code requirements, i.e., no concentrated water across public property; no drainage onto adjacent property unless an easement is provided; and slopes of landscaped areas should be 1 % minimum. [PW] 63. Curb with gutter. Where storm water flows against a curb, a curb with gutter shall be used. The flow line of all asphalt paved areas carrying water shall be slurry sealed at least three feet on either side of the center of the swale. Minimum slopes on asphalt parking areas shall be 1% and maximum slopes 5%. [PW] 64. Catch basins. All catch basins within paved areas not against curb and gutter shall have a 3 foot concrete apron around all sides of the inlet per <;:ity of Dublin Standard Plans. [PW] 65. NPDES. The Developer/Property Owner shall comply with all National Pollution Discharge Elimination System (NPDES) regulations and requirements at all times. [PW] ON & OFF-SITE/PUBLIC IMPROVEMENTS 66. Public Facilities Fee. The Developer/Property Owner shall pay a Public Facilities Fee in the amount of $452.00 per 1,000 square feet of conunercial building space prior to issuance of building permits. [B, PL] 67. Public right-oC-way improvements. The Developer/Applicant shall remove and replace curb, gutter and sidewalk on the adjacent streets as determined by the Public Works Director. The limits of the work will be determined during the grading plan check review. All improvements within the public right-of-way, including curb, gutter, sidewalks, driveways, paving and utilities, shall be constructed in accordance with the City of Dublin approved standards. [PW] 68. Drive-aisle. The Developer/Applicant shall provide a drive-aisle to the neighboring parking lot to the west of the site. The drive-aisle shall have a minimum width of25 feet. [PW]. 10 1 , / t/ c:;" "{,? 69. Trash enclosure. Access to the trash enclosure shall be reviewed by the Livermore-Dublin . Disposal Company. The Developer/Applicant shall submit a letter from the Livennore-Dublin Disposal Company outlining their comments at the time of submittal of site plans for building department review [PW] 70. Erosion control measures. The Developer shall install erosion control measures in all areas of the site during construction between November 15 and April 15 to the satisfaction of the Director of Public Works. These measures shall include straw mats in landscape areas behind sidewalks adjacent to Dublin Boulevard, a gravel construction entrance and sediment control in all stonn drainage inlets in accordance with the Regional Water Quality Control Board Manual of Sediment Control. [PW] 71. Monitoring Wells. The Developer/Applicant shall destroy any existing monitoring wells on site prior to development in accordance with the requirements of Zone 7, Alameda County Health Department and other applicable agencies. [PW] 72. Above~ground utilities. The Developer/Applicant shall remove all above-ground utilities out of the public right-of-way, including but not limited to the domestic water back-flow prevention device. [PW] 73. Underground utilities. The Developer shall construct all underground utilities to the project building in accordance with the governing utility agency and the Director of Public Works. [PW] . 74. Screening above-ground utilities. The Developer/Applicant shall screen any above-ground utilities that can not be underground, such as the back flow prevention devices. [PW, PL] 75. ADA access. The project shall provide a minimum four foot wide.direct access for pedestrians from the proposed building to adjace~t streets per current Title 24/ ADA requirements. [PW] 76. Standard Conditions of Approval. The Developer shall conform to all City Standard Conditions of Approval. [PW] 77. Fees. Prior to the issuance of building permits, the applicant shall comply with and/or pay all applicable connection fees, development fee and traffic impact fees. [B] - 78. Plans. The Developer shall submit site plans, grading and utility plans to the City Public Works Department for review and approval by the Director of Public Works. [PW] 79. Roof drains. Roof drains shall empty directly into the stonn drain system. The applicant shall comply with all National Pollution Discharge Elimination System regulations and requirements at all times during construction. Roofwater, or other concentrated drainage, shall not be directed onto adjacent properties, sidewalks or driveways. No drainage shall flow across . property lines. [pW, B, PL] 11 . 80. . . .< / 5 .:-;/' i:~! DEBRIS/DUST/CONSTRUCTION ACTIVITY Trash/debris. Measures shall be taken to contain all construction related trash, debris, and materials on-site until disposal off-site can be arranged. The Developer/Property Owner shall keep the adjoining public streets and properties free and clean of project dirt, mud, and materials during the construction period. The Developer/Property Owner shall be responsible for corrective measures at no expense to the City of Dublin. [B, PW] . 81. Dust. 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] 82. Temporary construction fencing. The use of any temporary construction fencing shall be subject to the review and approval of the Public Works Director and the Building Official. [B, PW] 83. MISCELLANEOUS Conditions/regulations. The Developer/Property Owner shall comply with all applicable Alameda County Fire Department, Public Works Department standard conditions, Dublin Police Services, and the Dublin San Ramon Services District regulations and requirements. Prior to issuance of grading or building permits or the installation of any improvements related to this project, the Developer shall supply written documentation from each such agency or department to the Community Development Department, indicating that all applicable conditions required have been or will be met. [B, PL] 84. Regulations/UBC. The Developer/Property Owner shall comply with all applicable regulations and requirements of the Uniform Building Code and the Building Inspection Department. [B] 85. Building permits for the proposed project shall be secured and construction commenced within one (1) year after the effective date ofthis approval or said approval shall be void. This one (1) year period may be extended an additional ope (1) year after.the expiration date of this approval (a written request for the extension must be submitted prior to the expiration date) by the Community Development Director upon the determination that the Conditions of Approval remain adequate to assure that the above stated Findings of Approval will continue to be met. [B, PL] 86. To apply for building permits, the Developer shall submit thirteen (13) sets of full construction plans for plan check. Each set of plans shall have attached an annotated copy of these Conditions of Approval, including any attached Special Conditions. 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 Developer will be responsible for compliance with all Conditions of Approval specified and obtaining the approvals of all participating non-City agencies prior to the issuance of building or grading permits. [B, PL, PW] 12 /b / /- TO b1 87. Plans. All plans shall be fully dimensioned (including building elevations) accurately drawn (depicting all existing and proposed conditions on 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. [B, PL, PW] 88. Conditions of approval. The Developer/Property Owner"shall develop this project and operate all uses in compliance with the Conditions of Approval of this Conditional Use Permit and Site Development Review and the regulations established in the Zoning Ordinance. Any violation of the terms or conditions specified may be subject to enforcement action. [PL] 89. Permit revocable. The permit shall be revocable for cause in accordance with Section 8. I 32 of the Dublin Zoning Ordinance. [PL] PASSED, APPROVED AND ADOPTED this 20th day of October, 1998. A YES: NOES: ABSTAIN: ABSENT: Mayor ATTEST: City Clerk g: \pa \98046\ccreso 13 . . . ~_.. ~_"o'~ .:.~.__. ~. i-' . . . . .' I? 06 b, AGENDA STATEMENT PLANNING COMMISSION MEETING DATE: September 22, 1998 SUBJECT: PUBLIC HEARING PA 98-046, Morgan Stone's Lube en' Latte, Conditional Use Permit and Site Development Review (Report Prepared by: Anne Kinney, Assistant Planner) EXHIBITS: 1. Resolution approv.ing the C~nditional Use Permit and Site Development Review, subject to conditions. Project Plans, consisting of five sheets 2. ATTACHMENTS: A. B. C. Vicinity Map Applicant's written correspondence (3 items) Initial Study/Negative Declaration RECOMMENDATION: 1) 2) 3) 4) Open public hearing Receive staff presentation and public testimony Close public hearing and deliberate Adopt Resolution (Exhibit 1) approving the Conditional Use Permit and Site Development Review, subject to conditions. DESCRIPTION: The Applicant, Morgan Stone is requesting approval of a Conditional Use Permit and Site Development review to allow the operation and construction of a 4,344 square foot drive-through auto service providing oil changing services and routine car maintenance. The business will also offer customers a lounge/waiting area where coffee and bakery goods may be purchased. Hours of operation would be from 7:00 a.m. until 7:00 p.m. Monday through Sunday. This is a new concept in the auto-service business and the first in Dublin. Mr. Stone plans to open a similar business in Antioch at the end of September. BACKGROUND: Under the current Dublin Zoning Ordinance a drive-through business in the C-N Neighborhood Conunercial Zoning District, requires a Conditional Use Permit approval prior to operation. Site Development Review is required for the proposed 4,344 square foot building, landscaping, parking and signage. In accordance with the Zoning Ordinance Section 8.104.060 "when a Site Development Review is required for a project which is also subject to a Conditional Use Permit, it shall be approved, , conditionally approved or denied by the same decision-maker or body for those actions". Therefore, the . Planning Commission is required to take action on both the Conditional Use Permit and Site Development Review for this project. ------------------------------------------------------------------- COPIES TO: The Applicant, Morgan Stone The Property Owner, Imer Baker P A file g:pa/9 8046/pcsr 1 EXHIBIT 4 <7 / /~) Site History. J?> c:.; {::- ( The project site is located at the northwest comer of the intersection of ViII age Parkway and .Amador Valley Boulevard. The property was fonnerIy a Unocal Service Station and is currently vacant. The service station was constructed in 1966. The surface and subsurface facilities were removed in March . 1996 and there are no remaining structures on site. The site has undergone complete environmental cle up. Alameda County Health Care Services Agency has determined that no further remedial action is required for the property and the site presents no significant risk to human health or the environment. ANALYSIS: CONDITIONAL USE PERMIT The purpose of a Conditional Use Permit'is to determine whether the proposed use is appropriate for the site and if conditions of approval are required. Issues that are commonly addressed include access to the site, land use compatibility and site design. The following fmdings must be made by the Planning Commission before a Conditional Use Pennlt may be granted: 1. The proposed use and related structures is compatible with other land uses, transportation and service facilities in the vicinity The proposed use 11,m not adversely affect the health or safety of persons residing or worldng in the vicinity, or be detrimental to the public health, safety and welfare; The proposed use will not be injurious to property or improvements in the neighborhood,' There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use and related structures would not be detrimental to the public health, safety, and welfare; The subject site is physically suitable for the type, density and intensity of the use and . related structures being proposed; The proposed use will not be contrary to the specific intent clauses or performance standards establishedfor the C-N Neighborhood Commercial Base Zoning District in which it is to be located and; The approval of the Conditional Use Permit will be consistent with the Dublin General Plan and the Downtown Dublin Specific Plan. 2. 3. 4. 5. 6. 7. Location: The proposed project would be located in an area designated for commerciaVretail uses in downtown Dublin. It would be located at the intersection of ViII age Parkway and Amador Valley Boulevard. Vehicular access to the site is restricted to right turn entrance only access from Amador Valley Boulevard and right turn exit only onto Village Parkway. Land use compatibility: _Surrounding land uses include the Valley Center, commercial strip mall to the west of the property and a medical office building to the north. An Arco Service Station, a former BP Service Station and an Oil Changer are located on the other three comers of the intersection towards the east, southeast and south of the property. The proposed drive-through auto service would be compatible with the mix of existing uses in the immediate area Conditions of approval attached to the project will ensure that City Standards are maintained and nuisances associated with the business will be minimized. Standard conditions are included in the draft Resolution which prohibit loud-speakers and amplified music to project or be placed outside . of the building. In addition, the Applicant will be responsible for controlling all on site activities and maintaining the premises in a litter free condition. 2 '-'- . . . /7 -0 c '7 Consistency wit" the General Plan and the Downtown Dublin Specific Plan: The project is consistent with the City of Dublin General plan designation of RetaiIlOffice and the Downtown Dublin Specific Plan. The Specific Plan designates the property' Zone 10: Village Parkway Mixed Use' primarily to serve a variety ofretaillcommercial needs for Dublin residents. The process of Site Development Review is consistent with the requirements of the Downto'wn Dublin Specific Plan and will ensure that the building design and landscape treatment will compliment and enhance this prominent intersection. SITE DEVELOPMENT REVIEW Site Development Review is required for the proposed 4,344 square foot building. The purpose of the Site Development Review process is to promote orderly, attractive, and harmonious site and structural development. It addresses building location, architectural and landscape design and theme, vehicular and pedestrian access, on-site circulation, parking; and traffic impacts. Architecture: The single story building consists of four drive-through vehicle service bays, customer lounge and office area The proposed building faces south on the site. The building shape is long and narrow, conforming to the limits of the size and shape of the parcel. The architecture can be described as industrial/modem and consists of two distinct elements. The building is anchored by a curved aluminum element which takes advantage of the site's comer location. The remainder of the building which houses the auto service bays (a total offour) is characterized by stucco finish, emphasized control joints, metal trim and circular medallions. Colored elevations and a color and material board will be presented at the meeting. Parking: Section 8.76.080 D of the Dublin Zoning Ordinance requires a drive-through use to provide one parking stall per employee on the largest shift. The Applicant has stated that the maximum number of employees on a shift would be six. The project provides six plus one handicapped parking spaces which meets the minimum requirements of the Zoning Ordinance. The seven parking stalls are located parallel to the western and northern property lines abutting the adjacent commercial and office building. Conditions of approval shall require the parking stalls to have a minimum width of ten feet to provide additional space to open the car doors. Staff is concerned that a parking problem may occur if the number of employees per shift increases or if a future use locates on the property which has a higher parking demand. Conditions of Approval attached to the project shall require the Applicant to enter into a reciprocal parking agreement if a parking problem occurs. It shall be at the discretion of the Director of Community Development to determine if a parking problem exists and if a parking agreement is required. Under Section 8.76.050 C of the Dublin Zoning . Ordinance a parking agreement requires conditional use permit approval. The Applicant, Mr. Stone has '. informed staff that the adjacent property owner of the Valley Center has stated their intention to enter into a parking agreement. Traffic and Circulation Impacts: The Public Works Department has reviewed the proposed project and has determined that the project would add additional vehicles to local roadways. A Traffic Study determined that an amount of$7,616 would be required to mitigate impacts to roadways in the area. Project generated traffic will be distributed on Amador Valley Boulevard and Village Par1.---way. The Applicant has agreed to mitigate these traffic impacts by the voluntary payment of$7,61~for street improvements. 3 Laltdscaping andfencing: ;20 -=6. ~., . The landscaping for the building has been chosen to present a clean, manicured appearance. Conditions of approval shall require low densely growing shrubs to be planted along the western property line within the proposed parking to allow vehicle doors to open and drivers to disembark with ease. Conditions of approv~ also address the need for additional landscaping on site. An opaque fence shall be required to be built alon~ part of the western property line to screen the rear of the adjacent Valley Center building. EJ'\~'IRONMENT AL REVIEW: A Negative Declaration has been prepared for the project pursuant to the California Environmental Quality Act and the Dublin Environmental Guidelines because the initial study found that the project would not have an adverse impact on the environment. CONCLUSION: The Conditional Use Permit and Site Development Review Application process evaluates proposed projects in relation to certain criteria and subject to conditions to determine if the project is appropriate for a specific site. The proposed drive-through auto service is in an appropriate use given its location within an established mixed use commercial area in downtown Dublin. In addition the site has adequate parking, circulation and access. Land use compatibility issues can be adequately mitigated with the conditions of approval outlined in the draft resolution. RECOMMENDA TION: Staff recommends the Planning Commission conduct a public meeting, deliberate, and adopt Resolution (Exhibit 1) approving the Conditional Use Permit and Site Development Review for Morgan Stone's Lube en' Latte, P A 98-046. . . GENERAL INFORMATION: A.PPLICANT: Mr. Morgan Stone 2116 Myrtle Beach Lane DanviIIe, CA 94526 PROPERTY OWNER: Mr. Imer E. Baker Baker Investments 2379 Harborview Drive San Leandro, CA 94577 LOCATION: 7375 Amador Valley Boulevard, (APN 941-175-21-2) EXISTING ZONING: C-N Neighborhood Commercial Zoning District GEl'\TERAL PL~ DESIGNATION: Retail/Office . DOWl\'TOWN DUBLIN SPECIFIC PLAN: Zone 10: Village Parh.'Way Mixed Use G:\P A98046\pcsrl 4 . . . RESOLUTION NO. 98- J-/~''l A RESOLUTION OF THE PLANNING COMI\lISSION OF THE CITY OF DUBLIN APPROVING PA 98-046 MORGAN STONE'S t.UBE 'N' LATTE, CONDITIONAL USE PERl\lIT, SITE DEVELOPI\fENT REVIE'V AND ADOPTION OF A NEGATIVE DECLARATION FOR A 4,344 SQUARE FOOT DRIVE-THROUGH AUTO BUSINESS PROVIDING OIL CHANGING, ROUTINE CAR MAINTENANCE AND COFFEE BAR SERVICE AT 7375 VILLAGE PARK'VAY. 'VHEREAS, the Applicant, Morgan Stone has requested approval of a Conditional Use Pem1it and Site Development Review for a 4, 344 square foot drive-through auto business providing oil changing, routine car maintenance and coffee bar service at 7375 Village Parb\'ay in a C-N Neighborhood Commercial Zoning District; and V~~HEREAS, the California Environmental Quality Act (CEQA), together with the State guideline's and City environmental regulations require that certain projects be reviewed for environmental impact and that environmental documents be prepared; and 'VHEREAS, an Initial Study found that the project would not have an adverse impact on the environment; and 'VHEREAS, a Negative Declaration has been prepared for this project and is on file in the Dublin Planning Department; and WHEREAS the ~lanning Commission held a properly noticed public hearing on said application on September 22, 1998; and WHEREAS, the Staff Report was submitted recommending that the Planning Commission approve the Conditional Use Permit and Site Development Review, subject to conditions; and 'VHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth and used their independent judgment to make a decision; and WHEREAS, the Planning Commission has found that the proposed project is appropriate for the subject site. NO'V, THEREFORE, BE IT RESOL YED TH.AT THE Dublin Planning Commission does hereby make the following findings and determinations regarding said proposed Conditional Use Permit: A. The Negative Declaration is adequate and in compliance with State law. G. .\;\ b '"7 ;2.J- cj' f B. The proposed use is compatible with other land uses, transportation and service facilities in the vicinity because the proposed use wiII be located in an area designated for commercial, office and retail uses in downtovm Dublin at the intersection of two main arterial streets. C. The proposed use wiII not adversely affect the health or safety of persons resi?ing or working in the vicinity, and will not be detrimental to the public health, safety and welfare bE;cause all City and Alameda County regulations and conditions wiII be met. D. The use v.ill not be injurious to property or improvements in the neighborhood because the Applicant has agreed to mitigate off-site traffic and circulation impacts by the voluntary payment of $7,616 for street improvements. E. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use and related structures would not be detrimental to the public health, safety, and welfare. F. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed. The proposed use is not contrary to the specific intent clauses, development regulations, and performance standards established for the C-N zoning district which encourages new development of small scale, low intensity uses in proximity to residential neighborhoods. Conditions of approval \vill ensure ongoing compatibility ",,':ith adjacent commercial and residential uses. . H. The proposed use is consistent with the Dublin General Plan and Downtown Dublin Specific Plan. NO'V, THEREFORE, BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby make the following findings and determinations regarding said proposed Site Development Review: A. The approval of this Site Development Review application is consistent with the intent and purpose of Dublin Zoning Ordinance Section 8.104, SITE DEVELOPMENT REVIEW, because the project it is compatible with the site and surrounding properties. B. C. The approval of this application, as conditioned, complies with the RetaiVOffice designation of the General Plan, the Downtown Dublin Specific Plan designation 'Zone 10: Village Parl.'Vv'ay Mixed Uses', the C-N Neighborhood Commercial Zoning District as well as with all other requirements of the Zoning Ordinance because a drive-through auto business is a conditionally permitted use in such designation and zone. The approval of the Site Development Review application, as conditioned, will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and general weifare because the construction of the building will conform to . 2 . . . : AS -, ~...,.r'; ... 6( all laws and regulations and because it \viII provide a neW auto-related commercial use for the City. D. The approved site development, including site layout, structures, vehicular access, circulation and parking, setbacks, height, walls, public safety and similar elements has been designed to provide a .desirable environment for the development. E. The subject site is physically suitable for the type and intensity of the approved development because it is graded and -level. F. Impacts to \"iews are addressed because the site is level and no vie\vs could be interrupted. G. Impact to existing slopes and topographic features are addressed because the site is level and there are not topographic features. H. Architectural considerations, including the character, scale and quality of the design, the architectural relationship with the site and other buildings, building materials and colors. screening of exterior appurtenances, exterior lighting, and similar elements have been incorporated into the project and as conditions of approval in order to insure the compatibility of the development with the development's design concept or theme and the character of adjacent buildings, neighborhoods and uses. 1. Landscape considerations, including the locations, type, size, color, texrure and coverage of plant materials, provisions and similar elements have been considered to insure visual relief and an attractive environment for the public. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve the Conditional Use Pennit and Site Development Review for P A 98-046 Morgan Stone's Lube 'N' Latte, subject to the follov.ing Conditions of Approval. This approval shall be generally depicted on the plans with notations, labeled Exhibit 2, consisting of five (5) sheets (Site/Iandscaping/floor plans, grading and surVey plans, dated received June 19, 1998) and (elevations and roof plans, dated received July 29, 1998) prepared by planHOUSE, Architecture/Energy AnaIysis/Planning, and color elevations and material board, stamped approved and on file with the Dublin Planning Department, subject to compliance with the following conditions of approval: CONDITIONS OF APPROVAL Unless stated othen\'ise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use, and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval. [PL] Planning, [B] Building, [PO] Police, [PW] Public \Vorks, [ADM] Administration/City Attorney, [FIN] Finance, [PR] Parks & Recreation, [F] Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [CO] Alameda County. 3 II 7. 8. .. i/ / q 27 ::j~OI 1. . GENER-\L CONDITIONS Approval: PA 98-046 Morgan Stone's Lube en' Latte is approved for the operation, construction, layout, and design of an 4,344 square foot drive-through auto business providing oil changing, routine car maintenance and coffee bar service, as generally depicted on the plans with notations, labeled Exhibit 2, consisting of three (3) sheets~ prepared bypianHOUSE, qated received June 19, 1998; two (2) sheets, prepared by planHOUSE, dated received July 29, 1998; . and a color and materials board, dated received June 19, 1998, stamped approved and as specified by the following Conditions of Approval for this project. [PL] 2. Period of approval. This approval shall be null and void in the event the approved use fails to be established within one year, or ceases to operate for a continuous one-year period. [PL] 3. Hours of operation. Hours of operation for the drive-through auto business shall be from 7:00 a.m. to 7:00 p.m. Monday through Sunday. [PL] 4. Noise/nuisances. The Applicant shall control all activities on the site so as not to create a nuisance to the existing or surrounding businesses or residents. No loudspeakers or amplified music shall be permitted to project or be placed outside of the building.[pL, PO] 5. l\1aintenance. The Applicant shall be responsible for maintaining the premises in a safe, clean and litter-free conditions at all times. The Applicant shall be responsible for cleaning up and . disposing of the business generated trash and litter on-site and off-site in the neighborhood.[pL] 6. Accessory structures. The use of any detached 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. Outdoor vehicle parking and/or storage, including the storage of materials 'Or equipment of any kind is prohibited.[pL, B, F] . Business activities. All activities associated with this business shall be conducted inside of the building.[pL] Modifications. Modifications or changes to this approval may be considered by the Community Development Director, if the modifications or changes proposed comply with Section 8.1 04.1 00 and 8.100.080, of the Zoning Ordinance. [PL] 9. Encroachment Permit. The Developer/Applicant shall obtain an Encroachment Permit for any work that is performed in the City's right-of~way. [PW] SIGNAGE 10. Signage. All proposed signage for Morgan Stone's Lube en' Latte shall comply with the provisions of the Dublin Zoning Ordinance except as follow: [PL] . 4 . .' . ~ ;Z '5 r-j' / '1 11. \Vall-mounted sign on the building's curved southeastern facing elevation: Internally illuminated, Individually lettered signs "Lube en' Latte" plus logo Maximum Sign Height: 8.8 feet Maximum Sign Length: 14.8 feet 12. \Vall-mounted sign on building's east elevation: Individual foam letters, non-illuminated "Coffee, Coolers, M'agazines & More" Maximwn Sign Height: 1.9 feet Maximum Sign Length: 43.2 feet- 13. Design and location of signs. The design and location of these wall-mounted signs shall be as shown on the approved building elevation plan, labeled Exhibit 2, Sheet P-3. The color and illumination of these signs shall be submitted to the Planning Department for review and approval prior to the issuance of a building permit for the installation of these signs and shall conform to the project's color and material board. dated received June 19, 1998. [PL, B] ARCHITECTURA.L 14. Exhibit A. Building design and architectural treatments shall be as shown on the approved plans, Exhibit A. Exterior colors shall be consistent with the color samples submitted by planHOUSE, dated June 19, 1998. l\ny variations or modifications to the design, layout and colors of the building may be considered and will require prior review and approval by the Community Development Department. [PL] 15. Screening. All ducts, meters, air conditioning equipment and other mechanical equipment on- site, either ground or roof mounted, shall be effectively screened or enclosed from public view with materials architecturally compatible with the main structure; [PL] . 16. Trash Bins. All trash bin(s) used for this site shall, at all times, be maintained \vithin the covered trash/storage area as sho\\'O on the plans, Exhibit A. A minimum 10' wide x 20' long concrete apron shall be installed in front of the covered trash/storage area to facilitate the disposal company's mechanical pick-up service and shall reflect the dimensional criteria deemed acceptable by the Livermore Dublin Disposal Service. The trash enclosure may need to be covered to met the National Pollution Discharge Elimination System (NPDES) requirements. [pL, B] LIGHTING 17. Isochart. The Developer shall prepare a Lighting Isochart to the satisfaction of the Director of Public Works and Director of Community Development. Ex1erior lighting shall be provided within the parking lot and on the building and shall be of a design and placement so as not to cause glare onto adjoining properties, businesses or to vehicular traffic. Lighting used after daylight hours shall be adequate to provide for security needs (1.0 foot candles). \Valllighting around the perimeters of the building shall be supplied to provide "wash" security lighting. The Lighting Isochart shall be provided, and subject to the review and approval of Dublin Police Services and the Community Development Department prior to the issuance of a building 5 ~ ~-{j b 7 permit.[PL, B, PO] . PARKING 18. Reciprocal Parking Agreement. The Applicant shall enter into a parking agreement \\'ith the adjacent property owner, if a parking issues arises, as determined by the Direc.1or of Community Development. The parking agreement shall be subject to Conditional Use Permit approval. If a. Reciprocal Parking Agreement is not entered into, the Conditional Use Permit approving PA 98-046 shall be revoked. [PL] 19. Parking layout. All parking spaces [or the site, shall be as shown on the approved plans, labeled Exhibit 2. The final layout and design of the parking area shall be subject to review and approval of the Zoning Administrator and the CIty Engineer. All spaces shall be double-striped with 4-inch wide stripes set approximately 2 feet apart. Handicapped, visitor, employee and compact parking spaces shall be appropriately identified on the pavement and designated on the parking plan. [pL, P\V] 20. Parking staIIs~ All parking stalls shall be ten feet in width. [PL, PW] 21. Handicapped ramps. Handicapped ramps and parking stalls shall be provided and maintained as required by the State of California Title 24 provisions. All required handicap signage for the parking stalls shall be installed. [pL, PW, B] . 22. Curb adjacent landscaping. All landscaping adjacent to parking stalls shall maintain a minimum 1 foot wide raised curb or equivalent to facilitate pedestrian access. Continuous curbing shall be provided for all parking stalls. [pL, P\V] 23. Radii of landscape planters. All landscape planters within the parking area shall maintain a five (5) foot curb radius, or be 2 feet shorter than adjacent parking spaces (with three (3) foot curb radii) to facilitate vehicular maneuvering. [PL] 24. Striping, drive aisles and side'\,'alks. The Developer! Applicant shall configure the layout of pavement striping, drive aisles and 'sidewalks for maximized traffic safety, which will include traffic circulation, convenience and site distance per City of Dublin Zoning Standards. [PW] 25. Fire lanes. The Developer/Applicant shall have all curbs within the development which have been designated as fire lanes painted red with white three inch high lettering stating "NO STOPPING - FIRE LANE". [F, PO] LANDSCAPING 26. Final Landscaping and Irrigation Plan. A Final Landscaping and Irrigation Plan shall be submitted to the satisfaction of the Director of Community Development. All landscaping shall be generally consistent with that shown on Exhibit 2, prepared by planHOUSE. [PL] . 27. Final Landscaping Plan. The fmal Landscaping Plan shall shown additional landscaping proposed for the project than that shown on the preliminary plan. [PL] 6 ),?rfJb( . 28. Landscaping at 'western property line. The proposed landscaping within the planter adjacent to the western property line shall be replaced 'with low densely growing plants to allow vehicle doors to open and drivers to disembark 'with ease. [PL] 29. Landscaping at northern property line. A landscaping planter shall be installed along the northern property line at the base of the adjacent office building and shall conform with the requirements outlined in No. 28 above. [PL] . 30. Obstruction. 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. [PL, PW] 31. l\faintenance. All landscape areas on the site shall be enhanced and properly maintained at all times. Any proposed or modified landscaping to the site, including the removal or replacement of trees, shall require prior review and written approval from the Community Development Department. [PL] 32. Standard Plant :MateriaI, Irrigation and l\1aintenance Agreement Form. The Developer/Property Owner shall complete and submit the Standard Plant Material, Irrigation and Maintenance Agreement Form (attached) prior to the issuance of a building permit. [PL] . 33. Installed prior to occupancy. Prior to final occupancy approval, all required landscaping and irrigation, including the installation of street trees and irrigation lines within the sidewalk, shall be installed. [pL, B] 34. Street trees. The Developer/Applicant shall provide street trees in City standard tree wells on the adjacent streets. The number and location of the trees ,,~ll be determined during the, Grading plancheck review process. [PW] 35. Landscape design and construction. The Landscape design and construction shall emphasize drought-tolerant and/or native species wherever possible. [PL] 36 Fencing. The applicant shall install an opaque fence along part of the western property line to screen the proposed development from the rear of the adjacent Valley Center building. This fence shall be shown on site and landscaping plans. [PL] 37. Landscaping of walls and trash containers. Landscaping of walls and the trash container with the use of vines is encouraged to discourage graffiti on walls. [PL] . POLICE SECURITY 38. Security hardware. All security hardware for the use must comply 'with the City of Dublin Non-Residential Security Requirements (attached) Security hardware must be provided for all doors, roll-up service bay doors, windows, roof, vents, and sl.l'lights and any other areas per Dublin Police Services recommendations and requirements. [B, PO] 7 ;1,f~GI 39. Security program. The Developer/Property Owner shall work with Dublin Police Services on. an ongoing basis to establish an effective robbery, burglary, theft prevention and security program for the business. [PO] 40. Graffiti. The Developer/Property Owner shall, at all times, keep the site and. building clear of graffiti vandalism on a regular. and continuous basis. Graffiti "resistant paints for the structures and film for windows or glass should be used. [PO, PL] . 41. Addresses. Addressing and building numbers shall be visible from the approaches to the building. [PO] 42. Lighting over exterior doors. The Applicant shall provide lighting over exterior doors and provide for lighting in the parking lot areas. Lighting fixtures shall be of a vandal resistant type. [PO] 43. Height. Exterior landscaping shall be kept at a minimal height and fullness giving patrol officers and the general public surveillance capabilities of the area. [PO] FIRE PROTECTION 44. Regulations. The Developer/Property Owner shall comply ,"ith all applicable regulations and requirements of the Alameda County Fire Department (ACFD), including payment of all . appropriate fees. [F] 45. Sprinklers. Automatic fire sprinklers shall be designed and installed to the specifications of :NFP A 13 and 25. Plans and calculations shall be submitted to the fire department for review and approval prior to installation. A permit for the system installation shall be applied for and fees paid prior to installation. [F] 46. Hazardous l\1aterials Management Plan. A Hazardous Materials Managem~nt Plan shall be completed and filed with the Alameda County Environmental Health Department. [F, B] 47. Flammable and combustible liquids. Provide details for the storage and dispensing of flammable and combustible liquids. [F] 48. Fire extinguishers. Portable fire e>...'tinguishers shall be installed in accordance with the Uniform Fire Code, and/or State Fire Code for the specific occupancy. [F] 49. Emergency lighting. Emergency lighting shall be installed. [F] 50. KNOX box. A KNOX box shall be installed near the front entry to the satisfaction ofth.e Fire Inspector. Two sets of keys shall be provided for the box. [F] . 51. Fire Lanes. A "Fire Lane" shall be identified and so marked to allow emergency equipment access to the property (see Exhibit A). Said "Fire Lane" shall be constructed to support the imposed loads of fire equipment. [F] 8 . . . 1 ,. -7 ;':: ~:? /' rJ ,,-,{ -.., :J_. Fees. Prior to the occupancy of a building, a Fire Permit, Plan Review, Inspection and Service Fee shall be paid, in accordance with Alameda County Fire Department (ACFD), requirements. [F] \V A TER AND SEVIER SERVICES 53. Requirements. The Developer/Property Owner shall comply with all applicable requirements and regulations of the Dublin San Ramon Services District (DSRSD). [DRS, PL] 54. Improyement plans. Prior to the issuance of a building permit, complete improvement plans shall be submitted to DSRSD that copform to the requirements ofthe DSRSD Code, the DSRSD "Standard Procedures, Specifications and Drawings for Design and Installation of \Vater and Wastewater Facilities", all applicable DSRSD ~1aster Plans'and all DSRSD policies. [DRS] 55. Easement dedications. Prior to the approval by the City of a grading permit, the locations and widths of all proposed easement dedications for water and sev,rer lines shall be submitted to and approved by DSRSD. [DRS] 56. Separate instrument. All easement dedications for DSRSD facilities shall be by separate instrument irrevocably offered to DSRSD or by offer of dedication on the Final Map- [DRS] 57. Fees. Prior to the issuance of a building permit, all utility connection fees, plan check fees, inspection fees, permit fees and fees associated with a wastewater discharge permit shall be paid to DSRSD in accordance '\\ith the rates and schedules established in the DSRSD Code. [DRS] 58. Improvement plans. Prior to the issuance of a 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 Developer 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 Developer shall allow at least 15 working days for final improvement drawing review by DSRSD before signature by the District Engineer. [DRS] 59. Utility Construction Permit. 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 #57 above have been satisfied. [DRS] 60. Hold Harmless. The Applicant/Developer/Property Owner shall hold DSRSD, its Board of Directors, commissions, employees, and agents ofDSRSD harmless and indemnify and defend the same from any litigation, claims, or fmes resulting from the construction and completion of the project. [DRS] 9 5,;.) .-;'';; ./ DR4INAGE/GRADING . 61. Grading Permit. The Developer/Applicant shall obtain a Grading Permit from the Public \\'orks Department. An information packet on the Grading Permit process can be obtained at the Public Works counter at City Hall. Included in the Grading Permit packet is the City of Dublin's Plan Check List, which shall be adhered to as a part of these Condit~~ns. [PW] 62. Drainage issues. The'Developer's/Applicant's Civil Engineer'shall address all drainage issues in and around the building. Issues which should be addressed include, but are not necessarily limited to: RoofV\'ater leaders shall drain to an approved drainage system; site drainage shall meet the current Uniform Building Code requirements, i.e., no concentrated water across public property; no drainage onto adjacent property unless an easement is provided; and slopes of landscaped areas should be 1 % minimum. [PW] - 63. Curb with gutter. Where stoml water flows against a curb, a curb with gutter shall be used. The flow line of all asphalt paved areas carrying \vater shall be slurry sealed at least three feet on either side of the center of the swale. ,Minimum slopes on asphalt parking areas shall be I % and maximum slopes 5%. [PW] 64. Catch basins. All catch basins within paved areas not against curb and gutter shall have a 3 foot concrete apron around all sides of the inlet per City of Dublin Standard Plans. [PW] 65. NPDES. The DeveloperlProperty Ovvner shall comply with all National Pollution Discharge Elimination System (NPDES) regulations and requirements at all times. [PW] .-' ON & OFF-SITEIPUBLIC IMPROVEMENTS 66. Public Facilities Fee. The DeveloperlProperty Owner shall pay a Public Facilities Fee in the amount of $452.00 per 1,000 square feet of commercial building ~pace prior to issuance of building permits. (B, PL] 67. Public right-of-way improvements. The Developer/Applicant shall remove and replace curb, gutter and sidewalk on the adjacent streets as determined by the Public Works Director. The limits of the work will be determined during the grading plan check review. All improvements within the public right-of-way, including curb, gutter, sidewalks, driveways, paving and utilities, shall be constructed in accordance with the City of Dublin approved standards.[pw] 68. Drive-aisle. The Developer/Applicant shall provide a drive-aisle to the neighboring parking lot to the west of the site. The drive-aisle shall have a minimum width of25 feet. [PW] 69. Trash enclosure. Access to the trash enclosure shall be reviewed by the Livermore-Dublin Disposal Company. The Developer/Applicant shall submit a letter from the Livermore-Dublin Disposal Company outlining their comments at the time of submittal of site plans for building department review [PW] . 10 :3/ ,..-< b ? . 70. Erosion control measures. The Developer shall install erosion control measures in all areas of the site during construction between November 15 and Aprill5 to the satisfaction of the Director of Public Works. These measures shall include straw mats in landscape areas behind sidewalks adjacent to Dublin Boulevard, a gravel construction entrance and sediment control in all storm drainage inlets in accordance \\ith the Regional Water Quality Control Board Manual of Sediment Control. [PW] 71. Monitoring \Vells. The Developer/Applicant shall destroy any existing monitoring \\'~lls on site prior to development in accordance with the requirements-of Zone 7, Alameda County Health Department and other applicable agencies. [PW] 72. Above-ground utilities. The Developer/Applis:ant shall re!TIove all above-ground utilities out of the public right-of-way, including but not limited to the domestic water back-flow prevention device. [P\V] 73. Underground utilities. The Developer shall construct all underground utilities to the project building in accordance with the governing utility agency and the Director of Public 'Works. [PW] 74. Screening above-ground utilities. The Developer/Applicant shall screen any above-grow1d utilities that can not be underground, such as the back flow prevention devices. [P\V, PL] . 75. ADA access. The project shall provide a minimum four foot v,ide direct access for pedestrians from the proposed building to adjacent streets per current Title 24/ ADA requirements. [PW] 76. Standard Conditions of Approval. The Developer shall conform to all City Standard Conditions of Approval. [PW] 77. Fees. Prior to the issuance of building permits, the applicant shall comply with and/or pay all applicable connection fees, development fee,and traffic imP:1ct fees. [BJ. 78. Plans. The Developer shall submit site plans, grading and utility plans to the City Public \V orks Department for review and approval by the Director of Public \V orks. [P\V] 79. Roof drains. Roof drains shall empty directly into the storm drain system. The applicant shall comply with all National Pollution Discharge Elimination System regulations and requirements at all times during construction. Roof water, or other concentrated drainage, shall not be directed onto adjacent properties, sidewalks or driveways. No drainage shall flow acrosS property lines. [pW, B, PL] 80. DEBRIS/DUST/CONSTRUCTION ACTIVITY Trash/debris. Measures shall be taken to contain all construction related trash, debris, and materials on-site until disposal off-site can be arranged. The Developer/Property Owner shall keep the adjoining public streets and properties free and clean ofproject dirt, mud, and materials during the construction period. The DeveIoper/Property Owner shall be responsible for corrective measures at no expense to the City of Dublin. [B, PW] . 11 d,l7 ...___:'/ b '1 7,'" _I 81. Dust. Areas undergoing grading, and all other construction activities, shall be watered, or other. dust palliative measures used, to prevent dust, as conditions warrant. [B, P\V] 82. Temporary construction fencing. The use of any temporary construction fencing shall be subject to the review and approval of the Public \Vorks Director and the Build-ing Official. [B, PW] MISCELLANEOUS 83. Conditions/regulations. The Developer/Property Owner shall comply \\ith all applicable Alameda County Fire Department, Public \Vorks Department standard conditions, Dublin Police Services, and the Dublin San Ramon Services District regulations and requirements. Prior to issuance of grading or building permits or the installation of any improvements related to this project, the Developer shall supply written documentation from each such agency or department to the Community Development Department, indicating that all applicable conditions required have been or will be met. [B, PL] 84. RegulationsfUBC. The Developer/Property Ov.ner shall comply with all applicable regulations and requirements of the Uniform Building Code and the Building Inspection Department. [B] 85. Building permits for the proposed project shall be secured and construction commenced within one (1) year after the effective date of this approval or said approval shall be void. . This one (1) year period may be extended an additional one (I) year after the expiration date of this approval (a written request for the extension must be submitted prior to the expiration date) by the Community Development Director upon the determination that the Conditions of Approval remain adequate to assure that the above stated Findings of Approval will continue to be met. [B, PL] 86. To apply for building permits, the Developer sh~1I submit thirteen (13) sets of full construction plans for plan check. Each set of plans shall ha,'e attached an annotated copy . of these Conditions of Approval, including any attached Special Conditions. 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 Developer will be responsible for compliance with all Conditions of Approval specified and obtaining the approvals of all participating non-City agencies prior to the issuance of building or grading permits. [B, PL, PW] 87. Plans. All plans shall be fully dimensioned (including building elevations) accurately draWIl (depicting all existing and proposed conditions on 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. [B, PL, PW] 88. Conditions of approval. The Developer/Property Owner shall develop this project and operate . all uses in compliance with the Conditions of Approval of this Conditional Use Permit and Site Development Review and the regulations established in the Zoning Ordinance. Any violation of the terms or conditions specified may be subject to enforcement action. [PL] 12 . 53 ,;~' ~l 89. Permit revocable. The permit shall be revocable for cause in accordance with Section 8.132 of the Dublin Zoning Ordinance. [PL] PASSED, APPROVED AND ADOPTED this 22nd day of September, 1998. A YES: NOES: ABSTAIN: ABSENT: Planning Conm1ission Chairperson ATTEST: Community Development Director . g:\pa\98046\reso . 13 t I. I LLL9'r1>i 01. / 0lLt6 V;) P'l'>8 .'0 .'!"S """"S Ijl'!N t I rt i'!'''ld /'!',('fUV .tlb>U;l/ aml""'!G:JV . 3SnOHUv/d jno.<e, ad~pue1 'i SUBld 5UlPl!ne . ~ I u -----..-UV:).'I~U;;;~~:~I~!qf1~ ~ ~ i ; I 2:! 3r oj (;. '7 ". o z ~ o g ::; c <;1 s;:! Z :: "" :5 co ~ i \r I I[! 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June 8, 1998 City of Dublin Planning Commission 100 Civic Plaza Dublin, CA 94568 Re: Written Statement pertaining to the CondItional Use Permit Application for Morgan Stone's Lube en' Latte. 'VRITTEN STA TE1\1ENT a.) \Vhat type of Business, activity, or use are you proposing? . I am proposing a quick lube, preventive maintenance, and coffee business. (Other than brewing coffee, lattes, and other coffee-bar beverages, there will be no on-site food preparation; any other comestibles provided (i.e., muffins) will be on a "ready to eat" basis. ) b.) How many employees will you have or propose to have? t,. k.-'I7U/J be.- l.c.X7rk-,,'~ I expect to have no more than ten.employees. )./t> ;110r'e f1:;an. 0 ~/"'ff "jt;...z.. b;{61l:'~+ -:=:h/jT.. r?#vP . c.) mat are the proposed hours and days of operation? Hours of operation will be 7:00 AM to 7:00 P:M, Monday through Sunday. d.) Will your business, activity or use target a specific segment of the community? I will be targeting the middle- to high-income class of families in the community with discounted services to senior citizens and students. e,) In what ways will your business, activity or use benefit the community? . My business will benefit the community in that it provides a much needed automobile maintenance service in a very environment-friendly manner. I have a strong desire to ensure that this business not only blends in with others but that it sets a higher standard of aesthetics and presentation as it applies to automotive service outlets. R c eEl V E " J U H 1 9 1998 DUSUN PLN'.H~:f\ . 2116 M)Ttle Beach Lane, Danville. CA 94526 Phone: (925) 837-8504 Fa....: (925) 837-2559 ') o n Ii ;:; '.... -r ....; if/cOb'1 f.) Are there any ways in which your business, activity, or use may disrupt the peace of the surrounding residents or businesses? By providing a new auto-based service business at this location, it is likely that there ,viII be an increase in vehicular activity onto and off of this property. I understand that I may do my 0\\11 traffic study to assess this impact, or that I may rely upon the current traffic study completed by the City (per conversation with Mehran Sepehri, Senior-Civil Engineer, City of Dublin). I understand that my contribution to the mitigation of any impact may involve a fee based upon projected vehicular use of the adjacent streets. My hours of operation are consistent with adjacent commercial ac~ivity and should pose no noise or activity conflict with existing business patterns. In fact, I would project a positive impact for adjacent businesses from my prospective clients. . g,) Are there any ways in which your business, activity, or use have a negative effect on the health or safety of persons residing or working in the vicinity or be detrimental to the public health, safety or general welfare? There will be no adverse impact created by the functioning of this business. In the course of business, we \\~ll be removing used oil from vehicles, however, I will be contracting with a certified waste disposal company for the removal and off-site recycling and/or disposal of all waste product created during the course of my business acti,~ties. No materials will be left open or exposed; all materials are drained into enclosed, secure containers provided by the recycler who will be removing them in sealed containers several times a week. h.) \Vill you business, activity, or use create any negative impacts on property, transportation systems or existing improvements in the neighborhood? .. All new business activities will be confined to our property. \Ve intend to construct an attractive commercial structure which should enhance the sense. of commerce at and around this location to the benefit all adjacent merchants. Any impacts on transportation systems will be small (see Item "b" above), aDd traffic impact mitigation will be per City Transportation Studies. i.) Describe how the design,ofthe project including site layout, structures, vehicular access, circulation and parking, etc. will provide a desirable environment for the future development. This is a drive-thru vehicle service business/coffee shop. Access is restricted onto site from Amador Valley Boulevard; egress off the site is restricted to Village P~k"Way. The design of the auto service bays provides for drive-thru servicing with stacking space on-site. The physical presence of the structure is contemporary, one-story, with clean lines and professionally designed graphics. Both signage and building colors will be distinctive and coordinated, yet subdued. j.) Is the site physically suitable for the type and intensity of the development proposed? . 2116 Myrtle Beach Lane, Dam111e. CA 94526 Phone: (925) 837-8504 Fax:: (925) 837-2559 . IJ'" - 1:"1 7;4 :C oj The previous use of the site was for a UnocaI service station and automotive repairs, The proposed minor repair automotive drive-thru business is suitable for the type of access and consistent with the prior use and other requirements k,) Describe how the proposed development may impact ,iews. No view should be impacted as a result of this development. The adjacent bu~inesses have no windows directly facing this site or other provisions to look toward this development. Additionally, the structure is onepstory (consistent with adjacent development), is located toward the center oftbe lot, and has ample landscaping proposed to soften the ",isual impact at the corner. 1.) Describe the physical characteristics of the site including existing slopes and topographic features. -- The site is effectively flat (please see survey provided). It is currently undeveloped, overgrown with weeds, and behind a 6-foot high chain link fence, ro.) Describe the architectural design/theme of the development including character. scale and quality of the design, and explain how the project will relate to and be compatible "with the existing site and the character of adjacent buildings, neighborhoods and uses. . There is no clearly predominant architectural style in the neighborhood. Our architectural theme is "industrial/modern" with softer color tonalities than might be found in other auto service or showroom structures. My intention is to create an impression consistent with crisp service in an casual, no-nonsense atmosphere which through the use of color, design, and product will be inviting particularly to the female consumer. The style is intended to attract busy people who appreciate professionalism and understand the need to regularly attend ~o their cars but are uncomfortable with the conventional.gas/sef\~ce station experience. I have sought out professional desigri services .to invest a sense of quality and coordination of function, graphics, and finish into the structure. n.) Describe how the landscape features have been designed so as to insure visual relief and an attractive environment for the public. .. I am proposing medium-height perimeter screening using drought-tolerant California native specimens supported by an automatic irrigation system. My objective is a clean, manicured appearance supporting the -impression of our quality service. Because this site is at a traffic intersection, I will appreciate the input of the City Traffic Engineer on a mutually agreeable solution to screening and driver visibility (for traffic safety), . 0.) Is the proposed project located on a hazardous waste and substances site? (A list of these sites is available in the Planning Department. I have checked with your Planning department, and this property is not on the City's list of hazardous sites. 2116 Myrtle Bea:h Lane, Dami.l1e, CA 94526 Phone: (925) 837-8504 Fa....; (925) 837-:!559 MORGAN H. STONE '1:3 ~~7, Phone ( 925 ) 837-8504 Fax ( 925 ) 837-2559 2116 Myrtle Beach Lane Dam'i1Ie, CA 94526 . ...., P,J 4.' -, ~" :.~ (~; _; ~1 ~..... ~~ ~ - ., ~; : .," 'r "'\ "\ ',,; (~ ~t ;;....) August 21. 1998, DU:;Ut.' ;:.; 'i ~ ...".', ~- ""C .. _I*<Io.".~\::J"Wf~ A.nne Kinney City of Dublin Planning Department 100 Civic Plaza P.Q, Box 2340 Dublin. CA 94568 Re: :Morgan Stone's Lube en' Latte CUP application. . Dear Ms. Kinney. Being the developer of the above mentioned project, I hereby voluntarily agree to pay funds in the amount of $7.616.00 (Seven thousand six hundred and sD.."1een) to mitigate the traffic impact problem. I will pay this amount in full at the time of the building pernrit approval. Sincerely. '1Y~/)~ .K10rgan H. Stone . f' '-/'/ c6 b 1 MORGAN H. STONE 2 1 l6 Myrtle Beach Lane Dam'ille, CA 94526 .,.-----.... Phone ( 925 ) 837-8504 Fax ( 925 ) 837-2559 August 26, 1998 Anne Kinney City of Dublin Plarming Department 100 Civic Plaza P.O. Box 2340 Dublin, CA 94568 Re: Morgan Stone's Lube en' Latte CUP application / Parking requirements. ...-~--... Dear :Ms. Kinney, In order to meet the parking requirements set forth by the city of Dublin for this property, I ",rill have no more than six employees working at anyone time during business hours. Sincerely, ili..j h.~ Morgan H. Stone ~ ~ C t t \:': :.; ~J ~'If. :. J i~:'.7~ ~', ".1 - 1 . .' ~ J ~L:~L~!~ :~:iII;~": ;~~ ~:.~ \ I' "'7 /J"'" J:" 7 J '<.J . INITIAL STUDY/ NEGATIVE DECLARATION Prepared For: City of Dublin . City Applications: Conditional Use Permit and Site Development Review Prepared By: Dublin Planning Department Contact: Anne Kinney (925) 833-6610 September 1998 . '. .. L/G I' . '7' --~: ~ -, J --- City of Dublin Environmental Checklist/Initial Study . Project Location The project site is located at the northwest corner of the intersection of Village Park\\'ay and Amador Valley Boulevard. The site is a 14, 694 square foot parcel which is rectangular in shape apd measures approximately 149 by 100 feet. This prop~rty was formerly a Unocal Service Station and is currently \'acant. The sen'ice station surface and subsurface fadlities were removed in March 1996 and there are no remaining structures on the site. Surrounding land uses include the Valley Center, a co1nmercial strip mall and an office building adjacent to the west and to the north respectively. An Arco Service Station, a fonner BP Service Station and an Oil Changer are located on the other three corners of the intersection towards the east, southeast and south of the subject property. Exhibit 1 depicts the project location. Project Description 1\10rgan H. Stone, the applicant is requesting Conditional Use Pennit and Site Development Reviev,' approval to construct a 4,344 square foot drive-through quick lube, preventive car maintenance and coffee bar service \vith landscaping, parking and signage. The building includes four drive-through vehicle service bays, customer lounge and office area. It is proposed that the drive-through service would operate from 7:00 a.m, to 7:00 p.m. Monday to Sunday and would employ approximately ten people with no more than six employees during the largest shift. .- Vehicular access to the site is restricted to entrance only access from An~ador Valley Boulevard with exit only onto Village Park.'"W'ay. A total of seven parking spaces are proposed including one- handicapped stall. The proposed amount of parking meets the minimum City requirement for the proposed use of 1 parking space per empioyee on the largest shift. 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I i ..~~. _-1- .__'.~. ~'~~'_~:_~: ~:._~. ~'..-~ I ~ ',.~ -- - ,- --..-.- .~l3:J ~ Il"" mm 'l " 'I -'-'I :~:~,.-.:....-: '-'~'-'-'-'~1-' I on :'\ __ I '. '. :::::;/ I Tllla.c:f ~;r.' w I ~ -' -.. <( -- u :H I tI) 1J.:r Co ~U -; .. .-..\... -, -. _u_. -..-..-, _. _.._...1 /1 J! . __ - _.. - .._._ _.._.. _.. _.. _.._ .._" - o. _ .._.._.. _.. _.._ /~~~/~ l. :_ ., IIU.Ct :1'1.. ~ Nt..,....,.,., ij - --.. -..- _._-----------------~ : .. " r \/1 '..::: , in : I~ "f~~: /:' ; ,':.; ~ , . 11 ..' I; ..t ' t. . ;1 1 : I ,_' Iii li/1 'l! " ': , , , . . 1 , , , . , , I I I I I . . . , . ,. t: " I , I .::;""" ./r I i . I I I I I . ) I I ! r. !i I if:i . i I .I I, ,/ .I it ~ I : f ~ II; , -__:, Ii; ,\: . ..1/ 't\ t' 1\. ./ \i- I, \ I dll .11 ! n ~ /: I .~I > 11!, I: I' .I /! . ---., i' ,I ,I ,. ./; , $. , } "~" /~' . - i . ~! i U i . . ~ i .~ . ~ .- ---. ~~ ........ .-.- ! i . L.. .' 53 ~..'~' ......~ 1 C,' P A 98-046, Lube 'N' Latte Conditional Use Permit and Site Development Review. Morgan H. Stone, the applicant, is requesting approval of a Conditional Use Permit and Site Development Review for the construction of a drive-through quick lube! preventive car maintenance and coffee bar service. . 1. Project description: '. . 2. Lead agency: 3. Contact person: 4. Project location: 5. Project sponsor: City of Dublin 100 Civic Plaza Dublin CA 94568 Jume Kinney, Assistant Plarmer Northwest corner of the intersection of Village Parkway and Amador Valley Boulevard Morgan H. Stone 6. General Plan designation: Retail/Office 7. Zoning: C-N Neighborhood Commercial Zoning District 8. Surrounding land uses: North: Office building - Chiropractor and Dentist Offices West: Valley Center, commercial strip mall Across Intersection towards East: Arco Service Station Across Intersection Southeast: Former BP Service Station Across Intersection towards East: .Oil ChaI),ger 9. Other public agency required approvals: L . Building permits (City of Dublin) 3 Morgan Stone's Lube 'N' Latte PA 98-046 5tf qj' (S I' Environmental Factors Potentially Affected . The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "potentially significant impact" as indicated by the checklist on the follO\\'ing pages. Land U seiPlanning T ransportatiOIy' . Public Services Circulation I PopulationIHousing Biological Resources . Utilities/Service Systems Geotechnical Energy!r\1ineral I Aesthetics Resources ...- \Vater Hazards Cultural Resources Air Quality Noise Recreation Mandatory Findings of Significance Determination (to be completed by Lead Agency): On the basis of this initial evaluation: .' ---X-I find that the proposed project could not have a significant effect on the environment and a Negative Declaration will be prepared. , _ I find that although the proposed project could have a significant effect on the environment, there v..:ill not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A Negative Declaration will be prepared. _ I find that although the proposed project may have a significant effect on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on earlier analysis as described on the attached sheets, if the effect is a "potentially significant impact" or "potentially significant unless mitigated." An Environmental Impact Report is required, but must only analyze the effects that .-remain to be addressed. _ I fmd that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed on the proposed project. Signature: 41<---' Date: rill hr:- . Printed Name: 4>fe.. K.."111~ . For: 4 Morgan Stone's Lube 'N' Lane PA 98-046 .' 55 76< c:; CO; . Evaluation of Environmental Impacts 1) A brief explanation is required for all answers except "no impact" answers that are adequately supported by the information sources a lead agency cites in the parenthesis following each question. A "no impact" answer is adequately supported if the referenced inform~tion sources show that the impact simply does not apply to projects like the one involved (e.g. the project faIls outside a fault rupture zone). A "no impact" answer should be explained where it is based on project- specific factors as well as general factors (e.g. the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take account of the whole action, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3) "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "poteI?-tiaIly significant impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Potentially Significant Unless :Mitigation Incorporated" implies elsewhere the incorporation of mitigation measures has reduced an effect from "potentially significant effect" to a "less than significant impact." The lead agency must describe the mitigation measures and . briefly explain how they rednce the effect to a less than significant level. 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA processes, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c) (3) (D). Earlier analyses are discussed in Section 17 at the end of the checklist. 6) Lead agencies are encouraged to incorporate the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). References to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the . docmnent in substantiated. A source list should be attached and other sources used or individuals contacted should be cited in the discussion. 7) This is only a suggested form and lead agencies are free to use different forms. . 5 Morgan Stone's Lube 'N' Latte PA 98-046 ". .- / ,<-,,/ ."~"' '1' :7 <.7 V.J- Environmental Impacts (Note: Source of determination listed in parenthesis. See listing of source used to determine each potential impact at the end of the checklist) ):ote: A full discussion of each item is found following the checklist. 1. Land Use and Planning. Will the project a) Conflict with general plan'designation or zoning? (Source: 4. 5) b) Conflict with applicable environmental plans or policies adopted with jurisdiction over the project? (Source: 4, 5) c) Be incompatible "ith existing land use in the . . . ? (S I ... 4 -) "lCHut)'. ource:, -', ,) d) Affect agricultural resources or operations (soils or fannlands or impacts from incompatible uses)? (Source: 2, 3) e) Disrupt the physical arrangement of an established community (including low income or a minority community)? (Source: 1, 3) II. Population and Housing. Would the project: a) Cumulatively exceed official regional or local population projections? (Source: 2,4,5) b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or e>..1:ension of major infrastructure)? (Source: 3) c) Displace existing housing, especially affordable hOUSIng? (Source: 3) III. Soils and Geology. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? (Source: 1,2 ) b) Seismic ground shaking? (Source: 1,2) c). Seismic gronnd failure? (Source: 1,2) d) Seiche, tsnnami, including liquefaction? (Source: 1, 2) e) Landslides or mudflows? (Source: 1, 2) f) Erosion, changes in topography or unstable soil conditions from excavation, grading or fill? (Source: 1,2) g) Subsidence ofland? (Source: 1,2) h) Expansive soils? (Source: 1, 2) Potentially Potentially Less than No Significant Significant Significant Impact Unless . Impact Mitigated X .. X X X X X X X X X X X X X X I X . . 6 Morgan Stone's Lube 'N' Lane PA 98~046 . i) Unique geologic or physical features? (Source: ? "') -,.) IV. Water. Would the proposal result in: a) Changes in ~bsorption rates, drainage patterns, the rate and amount of surface run-off? (Sourc 1,2) b) Exposure of people or property to water related hazards such as flooding? (Source: FEMA map c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? (Source: I, 2) d) Changes in the amount of surface water in any water body? (Source: I, 2) e) Changes in currents or the course or direction of water movements? (Source: 1, 2) . Changes in the quantity of ground waters, either . '.," " through direct additions or 'withdrawals, or through substantial loss of groundwater recharge capability? (Source: 1, 2) g) Altered direction of rate of flow of groundwater? (Source: 1, 2) h) Impacts to groundwater quality? (Source: I, 2) i) Substantial reduction on the amount of groundwater otherwise available for public water supplies? (Source: 1, 2) V. Air Quality. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? (Source: 1, 2) , b YExpose sensitive receptors to pollutants? (Source: 1, 2 ) c) .A...lter air movement, moisture, temperature, or cause any change in climate? (Source: 1, 2) d) Create objectionable odors? (Source: 1, 2) vi. Transportation/Circulation. Wauld the . proposal result in? . a) Increased vehicle trips or traffic congestion? (Source: 1,2,3) / ,:r C' /// __/ c:".' .-" -}i Potentially Potentially Less than No Significant Significant Significant Impact Unless Impact Mitigated 1, I X or X e: -. ) X X I X I I X X X X X X X X X I X 7 Morgan Stone's Lube 'N' Latte PA 98-046 b) Hazards to safety from design features (e.g. sharp curves or qangerous intersections) or incompatible uses (~.g. farm equipment)? (Source: 1,2,3) c) Inadequate emergency access or access to nearb uses? (Source: 1,2,3) d) Insufficient parking capacity on-site or off-site? (Source: 1,2) e) Hazards or barriers for pedestrians or bicyclists? (Source: I, 2, 3) f) Conflicts \vith adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? (Source: 1,2) g) Rail, waterborne or air traffic impacts? (Source: I, 2, 3) \11. Biological Resources. Would the proposal result in impacts fo: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals and birds)? (Source: 1,2, 3) b) Locally designated species (e.g. heritage trees)? (Source: 1,2,3) c) Locally designated natural communities (e.g. oak forest, coastal habitat)? (Sotl!ce: 1,2) d) Wetland habitat (e.g. marsh, riparian and vernal pool)? (Source: 1, 2) e) Wildlife dispersal or migration corridors? (Source: 1, 2) VII..Energy and Mineral Resources. Would the . . proposal: a) Conflict with adopted energy conservation plans? (Source: 1, 2) b) Use nonrenewable resources in a wasteful and inefficient manner? (Source: 1, 2) c) Result in the loss of availability of a known mineral resource that would be of future value to the region and residents of the State? (Source: 1, 2) '. 5% ~ ~l Potentially Potentially Less than No Significant Significant Significant Impact Unless Impact Mitigated X y X - X X X X X X X X X X X X I . . . 8 Morgan Stone's Lube 'N' Lane PA 98-046 ~' . IX. Hazards. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances including but not limited . to oil, pesticides, chemicals, or radiation? (Source: I, 2, 6) b) Possible interference with an emergency response plan or emergency evacuation plan? (Source: I, 2) c) The creation of any health hazard or potential health hazards? (Source: I, 2, 6) d) Exposure of people to existing sources of potential health hazards? (Source: 1, 2, 6) e) Increased fire hazard in areas with flammable brush, grass or trees? (Source: 1, 2) X. Noise. Would the proposal result in: .a) Increases in existing noise levels? (Source: 1, 2, 4) b) Exposure of people to severe noise levels? (Source: 1, 2, 4) XI. Public Services. Would the proposal result in a needfor new or altered governmental sen'ices in any of the following areas? a) Fire protection? (Source: 1,2) b) Police protection? (Source: 1, 2) c) Schools? (Source: 1,2) d) ~1aintenance of public facilities, including roads? (Source: 1, 2) e) Other governmental services? (Source: 1,2) XII. Utilities and Service Systems. Would the .. proposal result in a need for new systems or supplies. or substantial alterations in the following utilities? a) Power or natural gas? (Source: 1,2) b) Communication systems? (Source: 1, 2) c) Local or regional water treatment or distribution . systems? (Source: 1, 2) d) Sewer or septic systems? (Source: 1, 2) e) Storm water drainage? (Source: 1,2) f) Solid \vaste disposal? (Source: 1,2) 5 (.-,/ ;,. 1 ..... Potentially Potentially Less than No Significant Significant Significant Impact Unless Impact Mitigated : X ~ X X I X I X I I I X X I X X X X . I X I X X X X X X 9 Morgan Stone's Lube 'N' Laue PA 98-046 g) Local or regional water supplies? (Source: I, 2) XIII. Aesthetics. TYould the proposal: a) Affect a scenic vista or view? (Source: 1,2,3) b) Have a demonstrable negative aesthetic effect? (Source: 1,2,3) c) Create light or glare? (Source: 1, 2, 3) XIV. Cultural Resources. Would the proposal: a) Disturb paleontological resources? (Source: I ,2,3 b) Disturb archeological resources? (Source: 1, 2,3 c) Have the potential to cause a physical change \\'hich would affect unique ethnic cultural values? (Source: 1, 2) d) Restrict existing religious or sacred uses within potential impact area? (Source: 1,2) XV. Recreation. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? (Source: 1,2) b) Affect existing recreational opportunities? Source: 1, 2) x"VI. Mandatory Findings of Significance. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop belo\v self-sustaining levels, threaten to eliminate a plant or animal community, reduce the nmnber of or restrict the range of a rare or ... endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to achieve short-term, to the disadvantage ofIong-term, environmental goals? .. 60 9 ~~ I I X Potentially Potentially Less than No Significant Significant Significant Impact Unless Impact Mitigated X X X ... I ) X ) X X I X I X X X X . .. . 10 Morgan Stone's Lube 'N' Latte PA 98~046 ,.. j .,' . . c) Does the project have impacts that are indh.idually limite.d, but cumulatively considerabie? ("Cumulatively considerable" means that the incremental effects 'of a project are considerable when viewed in connection \\'ith the effects of past projects, the effects of other current projects and the effects of probable future projects). d) Does the proj ect have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? 6/ ."" /~.:;.. ~. ~/ u Potentially Potentially Less than No Significant Significant Significant Impact Unless Impact Mitigated X ~ X Sources used to determine potential environmental impacts Determination based on location ofproject. Determination based on staff office review. Determination based on field review. Determination based on the City of Dublin General Plan. Determination based on the City of Dublin Zoning Ordinance. Two (2) ~lameda County Health Care Services Agency letters dated July 16, 1997 Not ApplIcable. . l. 2. .., ,). 4. 5. 6. 7. XVII. Earlier Analyses Earlier analyses may be used where, pursuant to the tiering, program ErR, or other CEQA process, one or more effects have been adequately analyzed in an earlier ErR or negative declaration, Section 15063 (c)(3)(d). In this case, a discussion should identify the following on attached sheets. a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures base don an earlier analysis. c) Mitigation measures. For effects that are "less than significant with mitigation incorporated," describe the mitigation measures which are incorporated or refined from the earlier document and the e},.1:ent to which they address site specific conditions for the project. . 11 Morgan Stone's Lube 'N' Latte PA 98-046 .... bcA c6 r;, I EVALUATION OF ENVIRONI\fENTAL II\fPACTS . 1. Land Use and Planning. There are no impacts to Items 1A through IE. This determination is based on the sources referenced in the Initial Study. The General Plan designation for the project site is Retail/Office. The project is located in the C-N Neighborhood Commercial Zoning District. This project is consistent with the Dublin General Plan and the Zoning Ordinance, subject to Conditional Use Permit approval. This initial study represents full California Enviro~ental Quality Act compliance with regard to the proposed project. The City of Dublin has adopted no other City-wide or specific environmental plans or policies which would affect this application. The existing land uses in the vicinity are retail, office and auto services and compatible with the drive-through auto ser:;vice proposed. The site has no recent history of agricultural production and has been developed with a service station since 1964. The surface and subsurface service station facilities were removed in March, 1996 and the site is currently vacant. The proposed use will not alter the planned land use of the neighborhood because this use has been made compatible with adjacent commercial uses by means of conditions of approval for a Conditional Use Permit. 2. Population and Housing. There are no impacts to Items 2A through 2C. This determination is based on the sources referenced in the Initial Study. The project will not significantly alter the overall density, location, distribution or grov.th rate of the human population in the area. The project will not impact existing housing or create a..... need for new housing because a drive-through auto business serves existing Dublin residents in the immediate area. 3. Geologic Problems. There are no impacts to Items 3A through 31. This determination is based on the sources referenced in the Initial Study. The project site was previously developed with a Unocal Service Station, which was demolished in March, 1996. The property is currently vacant and no structures exist on the site. The topography of the site is relatively flat and only minor grading would be required to develop the property for tbeproposed use. No geologic hazards are known to exist on the site or in the surrounding area. 4. Water. There are no impacts to Items 4A through 41. This determination is based on the sources referenced in the Initial Study. The site is located in Zone X of the current FEMA map, which is defined as "areas determined to be outside of the 500-year flood". The site does not cross over any waterways. .According to a representative of Zone 7, there are no water supply facilities within the immediate vicinity of the project. Known water wells without a documented intent of future use and filed with Zone 7 are to be destroyed prior to any demolition or construction activity. There are no known wells remaining within the project 5. Air Quality. There are no impacts to Items 5A through 5D. This determination is based on the sources referenced in . the Initial Study. - The site was previously developed with a Unocal service station and is surrounded by commercially developed properties. Although the project involves the slow paced movement of motor vehicles through the drive-through service, the- vehicles are not expected to contribute substantial 12 Morgan Stone's Lube 'N' Latte PA 98-046 . . . . " '. . ~,aI .-,.. ..... .. 69 ." /.' 1'~' .~~ ~? ~J vehicular air emissions that would deteriorate ambient air quality. The project proposes four service bays, with a maximum of eight cars waiting at anyone time. Due to the nature of this type of business and the waiting periods involved, vehicles will wait with engines disengaged. The project will not alter local or regional climate temperatures or air movements. In terms of construction related impacts, it is anticipated that the construction of the site might generate temporary increases in dust and particulate matter caused by excavation and grading activities. The City's standard grading ordinanc~ requirements require measures to ensure that these types of sh?rt tem1 construction impacts are minimized. 6. Transportation/Circulation. There is no impacts to items 6A through 6G. This detennination is based on the sources referenced in the Initial Study. The City of Dublin, Public Works Department has reviewed the proposed project and has determined that the project would add additional vehicles to local roadways. A Traffic Study detennined that an amount of $7,616 would be required to mitigate impacts to roadways in the area. Project generated traffic will be distributed on Amador Valley Boulevard and Village Parkway. The Applicant has agreed to mitigate these traffic impacts by the voluntary payment of $7,616 for street improvements. The proposed use is a drive-through quik lube, preventative car maintenance and coffee bar service involving the construction of a new 4, 344 square foot building. The current Dublin Zoning Ordinance requires the on-site provision of one parking stall per employee on the largest shift. The Applicant has stated that the maximWTI munber of employees on a shift would be six. The project provides six plus one handicapped parking spaces which is consistent with the Dublin Zoning Ordinance. Staff is concerned that a parking problem may occur if the number of employees per shift increases or if a future use locates on the property which has a higher parking demand. Conditions of Approval attached to the project shall require the Applicant to enter into a reciprocal parking agreement if a parking problem occurs: The site has been designed 'with entrance only access from Amador Valley Boulevard and exit only on to Village Parkway. The project will not impact emergency access or access to nearby uses, create a hazard for pedestrians or bicyclists, conflict with transportation policies or result in rail, waterborne or air traffic impacts. 7.,8. & 14. Biological, Energy and l\1:ineral, and Cultural Resources. There are no impacts to Items 7A through 7E; 8A through 8C; or, 14A through 14D. This determination is based on the sources referenced in the Initial Study. The project site was previously developed with a Unocal Service Station, which was demolished in March, 1996. The site is currently vacant and no significant trees or other vegetation exist on the property. No known rare or endangered or threatened species, or energy, mineral or cultural resources are present on this fonner developed site. 9. Hazards. There are no impacts to Items 9A through 9E. This detennination is based on the sources referenced in the Initial Study. The project is located on a hazardous waste and substances site. All potential health hazards are addressed by the Department of Environmental Health and The State Department of General 13 Morgan Stone's Lube 'N' Latte PA 98~046 _.' " - l., .- ::' ... ;, {;,t/<5b? Seryices. Alameda County Health Care Services Agency issued a "Fuel Leak Site Case Closure" letter. dated July 16, 1997, for the former Unocal property at 7375 Amador Valley Blvd. The letter indicates that no further remedial action wiII be required for the property and the site presents no significant risk to human health or the environment. Conditions of Approval attached to the project shall require the Applicant to prepare and file a Hazardous Materials Management Plan with Alameda. County Environmental Health Department. 10. Noise. There is less than significant impacts to Items lOA through lOB. This determination is based on the sources referenced in the Initial Study. The-project site is located on a busy intersection and is surrounded by commercially and residentially developed properties. The proposed development will not significantly increase noise levels or expose surrounding residents and business owners to severe noise levels. Conditions of approval will address construction traffic, noise and hours of operation. 11. Public Services. There are no impacts to Items llA through Ill. This determination is based on the sources referenced in the Initial Study. The proposed drive-through automobile service \\iII not demand more public services than already being provided to the commercial and residential uses in the vicinity. 12. Utilities and Sen'ices Systems. There are no impacts to Items 12A through 12G. This determination is based on the sources referenced in the Initial Study. Utility providers have reviewed the project and have determined that either the infrastructure exists or a method to fund the infrastructure has been provided for. Any required sewer and/or water connection fees will be charged by the Dublin San Ramon Services District (DSRSD) at the time of building permit issuance. .., 13. Aesthetics. There are no impacts to Items 13A through 13C. This determination is based on the sources referenced in the Initial Study. A review of site plans and a field visit to the project site indicate that the project . . would not result in the obstruction of any scenic vista or view open to the public. 15. Recreation. There are no impacts to Items 15A and a less than significant impact to I5B. This determination is based on the sources referenced in the Initial Study. The proposed project v.ill not have a significant effect on : the existing recreational facilities. The City has in place a Public Facilities Fee which is charged to all . developments in the City. The fee pays for improvements to parks as well as other public facilities in the City. . 14 Morgan Stone's Lube 'N' Latte PA 98.046 ! r' . . . .. A~ CoPy " (Ot..ll/C/L- KC.11 LS _..~. / / / :,.:...:: E.P--"'" '. . ) kd=7tL.RN /0 . 2116 Myrtle Beach Lane y-:. DanviIle, CA 94526 : -'-. MORGAN H. STONE Phone ( 925 ) 83768504 Fa.x ( 925 ) 837-2559 t,;.5 06 b f ;::~cin\i'~~i ...... r: l~"''l ,:"I I U ') ".';' J ~ . :-' J-v oJ September 28, 1998 DIJ5UN P:~...i',r"i~.1G Kay Keck City of Dublin 100 Civic Plaza P.O. Box 2340 Dublin, CA 94568 RECEIVED . SEP. 2 ~ 1998 GlTY Ur UUBLlN , Re: Morgan Stone's Lube en' Latte CUP application Appeal, Planning Application # PA 98-046. Dear Ms. Keck, I am the applicant for the above referenced matter and would like to appeal the Planning Commission's denial of the application to the City CounciL The particular use for which I applied meets all the requirements for this location and the Commission's decision to deny is unfounded, Sincerely, ~~-h,~ Morgan H. Stone 'G c-d ~ r On motion by em. Hughes, seconded by Cm. Johnson, and with a vote of 3-2, with Cm. Jennings and Cm. Musser opposing, the Planning Commission adopted " . RESOLUTION NO. 98-41 RECOMMENDING CITY COUNCIL APPROVAL OF AN AMENDMENT TO CHAPTER 8.136, APPEALS OF THE MUNICIPAL CODE (ZONING ORDINANCE) 8.2 PA 98-042, San Ramon Valley Shopping Center Planned Development Rezone. (THIS ITEM HAS BEEN CONTINUED TO THE OCTOBER 13. 1998 MEETING) On motion by Cm. Johnson, seconded by Cm. Oravetz, the Planning Commission unanimously agreed to continue PA 98-042 San Ramon Valley Shopping Center PD Rezone to the October 13, 1998 meeting. 8.3 P A 98-046, Morgan Stone's Lube 'N' Latte, Conditional Use Permit (CUP) and Site . Development Review (SDR) for a 4, 344 square foot drive-through auto business providing oil changes, routine car maintenance and coffee bar service. The property is located at 7375 Amador Valley Boulevard, (APN 941-175-21-2). The property is zoned C-N Neighborhood Commercial Zoning District. Cm. Jennings opened the public hearing and asked for the staff report. Anne Kinney, Assistant Planner, presented the staff report. She stated that the project site is located on the northwest comer of the intersection of Village Parkway and Amador Valley Boulevard. The site was formerly developed as a Unocal Service Station, which was closed over 2 years ago and the site is currently vacant. The Applicant, Morgan Stone is requesting approval of a Conditional Use Permit and Site Development review to allow the operation and construction of a drive-through auto service providing oil changing services and routine car maintenance. The business will also offer customers a lounge/waiting area where coffee and bakery goods may be purchased. The project provides six plus one .. handicapped parking spaces, which meets the minimum requirements of the Zoning Ordinance. Staff is concerned that a parking problem may occur if the number of employees per shift increases or a future use locates on the property, that has a higher parking demand. Conditions of approval attached to the project shall require the applicant to enter into a reciprocal parking agreement if a parking problem occurs. The Public Works department has determined that the project will generate additional vehicular trips on Amador Valley Boulevard and Village Parkway. The Applicant has agreed to mitigate these traffic impacts by the voluntary payment of funds for street improvements. A condition of approval . addresses the requirement to maintain driveway access between the Valley Center and the proposed drive- Planning Commission Meeting 89 September 22,1998 EXHmIT 5 " 6?1f61 through to improve traffic circulation and safety. Staff recommends the Planning Commission adopt a resolution approving the Conditional Use Permit and Site Development Review subject to the conditions specified. . Cm. Oravetz asked why the adjacent tenant was not interested in entering into a parking agreement. Morgan Stone, applicant stated that he offered the adjacent property owner $200 for 6 spaces, but the property owner is waiting to see if additional spaces are required. Cm. Jennings asked if people could buy a latte without getting the lube service. Mr. Morgan responded no, it was for customers only. They anticipate 32-47 cars per day and the average is one vehicle per hour. At the end of the day, there will be no cars left on the property. They also offer fax and copy machines in their lounge for customers to use while they wait for their car. He had pictures of a shop in Antioch, which showed how the building looked. Cm. Jennings asked if the shop in Antioch was currently open. Mr. Morgan stated yes. Cm. Oravetz asked what other services they provide. . Morgan stated that they only advertise oil changes. It will be up to the employee to make the sale and the service, depending on their qualifications. His services cost more and take longer because they do more than a basic oil change. Josephine Distefano, 7423 Tehan Court, felt there are enough fast food restaurants, and drive through facilities, and would like to see something more efficient. Cm. Jennings closed public hearing. Cm. Oravetz said that the Downtown Task Force has discussed rebuilding Village Parkway. He asked if any other folks are interested in the property. He wants downtown Dublin to look like downtown Pleasanton or downtown Danville. Mr. Peabody stated he has not spoken with anyone on any other ideas. This site is very small. It is a . tough site to put anything on unless it is a small use. That may be why it has been vacant for so long. Cm. Hughes stated he likes the concept and 3 of the 4 comers in that area have always been automotive. He felt this building looks better than what is in the area. Cm. Johnson did not have a problem with the project. . Cm. Jennings said there was a drive through espresso bar in the next parking lot. Planning Commission Meeting 90 September 22,1998 6 8' ~ 6;7 ~ Cm. Hughes felt it would not impact the other latte business because Mika's is a drive through. Cm. Jennings asked where would the customers go if the car was finished and they were not done using . the fax machine. Mr. Morgan stated that usually the customer does not want to hang around. The car will stay in the bay until the customer picks it up. Cm. Oravetz commented that it may fit in well, but we are. trying to change the image of the downtown area. Cm. Hughes is concerned that if this project did not go through, it may become another service station. This project is different from a service station and the design of the building is very nice. We can all hope that Dublin will someday look like DanviIIe, but it won't happen. It was a service station for 20 years and it has been an empty lot for approximately 4 years. The project is consistent with the zoning of the area. Ms. Distefano asked if the project is approved, why does it have to be open 7 days per week. Mr. Morgan stated this is a convenience business. He wants to offer convenience and have a comfortable atmosphere for this customer. He wants it to be a good service to offer the entire valley. Cm. Johnson asked if there would be a lot of noise. . Mr. Morgan stated that the only noise would come from a compressor. Cm. Jennings asked if the entrance is one way in and one way out. Ms. Kinney responded yes. The Public Works Department wants to keep the main driveway between the two properties open. She stated that the property owner of the adjacent property might want to divide the two properties with a fence or landscaping, which may effect parking. Cm. Musser shared em. Oravetz' concerns. He felt Dublin did not need another oil changer. He was concerned about the parking, and did not like the roll up doors. He liked the curved facade on the corner but was not sure this was the right use for Dublin. . Dr. Deluca, DDS, stated that his office is next door and the parking is bad. He said he has two of his , employees parking in the lot and if a patient takes a spot there may be parking problems. He also had a concern about the noise for dental and chiropractic patients. Cm. Hughes asked if the cars on the right hand side were on the proposed property site. Ms. Kinney responded yes. Cm. Hughes commented that whatever business goes in, you are going to have at least 6 employees and . Planning Commission Meeting 91 September 22,1998 .. .. G9'ffb'l parking will be a problem. It comes down to whether this business is consistent with the area and it is. This part of the street is not in the downtown plan. . Cm. Oravetz stated the whole area is considered downtown. The citizens are not going to draw a line and say Oil Changers are in the downtown area and this site is not. Cm. Johnson felt this was a higher type of service that looks good and we do not have another use going in there. The City has the opportunity to put a very nice looking building that will service the ~ community. T~is project is here now, on the edge of downtown, and it looks good. On motion by Cm. Hughes, seconded by Cm. Cm. Johnson and with a vote of2-3, the project was denied for lack of a majority vote. RESOLUTION NO. 98 - FOR P A 98-46 MORGAN STONE'S LUBE 'N' LATTE, CONDITIONAL USE PERMIT, SITE DEVELOPMENT REVIEW AND ADOPTION OF A NEGATIVE DECLARATION FOR A 4,344 SQUARE FOOT DRIVE-THROUGH AUTO BUSINESS PROVIDING OIL CHANGING, ROUTINE CAR MAINTENANCE AND COFFEE BAR SERVICE AT 7375 VILLAGE PARKWAY . 8.4 P A # 98-035, Tassajara Meadows Planned Development (PD) Rezone, Site Development Review and Vesting Tentative Map. The property is located on the north side of Gleason Drive, west side of Tassajara Road, south of Casterson property (Alameda County Surplus Property Authority - Site 1); ASSESSOR PARCEL #: 986-0005-003-01 (11.7 :!: acres) The proposed development is located within the Eastern Dublin Specific Plan area and involves a Planned Development Rezoning, a Vesting Tentative Map, and Site Development Revie,w for 95 small-lot detached homes. Cm. Jennings asked for the staff report. . Tasha Huston, Associate Planner, gave a brief description of the project. The item is a development project located along the west side of Tassajara Road, north of Gleason Road, in the Eastern Dublin , Specific Plan area. The proposed development involves 95 homes on a site that is nearly 12-acres. The . application includes a Planned Development (PD) Rezone & Development Plan, a Vesting Tentative Map, and Site Development Review. A Development Agreement is also required prior to approval of the Final Map. Overall, the project has been designed to incorporate many aesthetic and practical amenities, as well as attractive architecture, which contribute to a well-planned community. City Departments and service agencies have reviewed the project, and their comments have been incorporated into the Conditions of Approval. The proposed project is consistent with the Dublin General Plan and Eastern Dublin Specific Plan, and represents an appropriate project for the site. Therefore, Staff recommends approval of the Casterson Property Planned Development. There was one minor change to Planning Commission Meeting 92 September 22,1998