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HomeMy WebLinkAboutReso 100-86 Fishery PD Rez&SDRRESOLUTION NO. 100-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AND ESTABLISHING FINDINGS AND GENERAL PROVISIONS FOR A PLANNED DEVELOPMENT (PD) REZONING AND SITE DEVELOPMENT REVIEW REQUESTS CONCERNING PA 86-053.1 AND .2 THE FISHERY AT DUBLIN (RIVERS/BARTON - OWNERS, META 4 DESIGN, INC. - APPLICANTS) WHEREAS, Michael S. Johnstone, with Meta 4 Design Incorporated, filed Revised Plans requesting Planned Development Rezoning and Site Development ReView approval for a proposed 7,385~ square foot - 225~ seat Restaurant at 7400 San Ramon Road; and WHEREAS, the adopted San Ramon Road Specific Plan and City of Dublin Zoning Ordinance provide in part for the establishment of Retail Shopper - Restaurant Use as an allowable use at the subject property; and WHEREAS, the Planning Commission did hold public hearings on said applications on September 2, 1986, and September 15, 1986, at which time the Planning Commission adopted Resolution No. 86-051 recommending approval of the Planned Development (PD) Rezoning and Site Development Review requests for PA 86-053.1 and .2; and WHEREAS, the Staff Report was submitted recommending that the requests be approved subject to conditions prepared by Staff and reflected in Planning Commission Resolution No. 86-051; and WHEREAS, The City Council did hold a public hearing on said applications on September 22, 1986; and WHEREAS, proper notice of was given in all respects as required by law for the Planning Commission hearings and the September 22, 1986, City Council public hearing; and WHEREAS, this application has been reviewed in accordance with the provisions of the California Environmental Quality Act and a Mitigated Negative Declaration of EnvironmentalSignificance (City Council Resolution No. 99-86) for this project, as it will have no significant effect on the environment; and WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony hereinabove set forth; and WHEREAS, the proposed land use, if conditionally approved, is appropriate for the subject property in terms of being compatible to existing land uses in the area and will not overburden public services; NOW, THEREFORE, BE IT RESOLVED THAT THE City Council finds: Construction of the 7,385~ square foot - 225~ seat Restaurant serves the public need by providing for an expansion of Retail Shopper Uses available to City residents. Be The uses will be compatible with and enhance the development of the general area as they will be properly related to other land uses, and transportation and service facilities in the vicinitY. The uses will not materially adversely affect the health or safety of persons residing or working in the vicinity, or be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, as all applicable regulations will be met. Do The uses will not be contrary to the specific intent clauses or perfor- mance standards established for the district in which they are to be located. E. Ail provisions of Section 8-95.0 through 8-95.8, Site Development Review, of the Zoning Ordinance are complied with. Consistent with Section 8-95.0, this project will promote orderly, attrac- tive, and harmonious development, which includes preservation of significant natural landscape features with minimum alteration of natural land forms and which recognizes environmental limitations on development; stabilizes land values and investments; and promotes the general welfare by preventing establishment of uses or erection of structures having qualities which would not meet the specific intent clauses or performance standards set forth in the Zoning Ordinance, and which are not consistent with their environmental setting. G. The approval of the project as conditioned is in the best interest of public health, safety and general welfare. General site considerations, including site layout, orientation, and the location of buildings, vehicular access, circulation and parking, setbacks, height, public safety and similar elements have been designed to provide a desirable environment for the development, and which will encourage the use of common open areas for neighborhood or community activities and other amenities. General architectural considerations as' modified by the Conditions of Approval, including the character, scale and quality of the design, the architectural relationship with the site and other buildings, building materials and colors, screening of exterior appurtenances, exterior lighting, and similar elements have been incorporated into the project in order to insure compatibility of this development with its design concept and the character of adjacent buildings and uses. Je General project landscaping provisions for irrigation, maintenance and protection of landscaped areas and similar elements have been considered to insure visual relief to complement buildings and structures and to provide an attractive environment to the public. K. The project is consistent with the policies contained in the City's General Plan and within the San Ramon Road Specific Plan. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE Dublin City Council conditionally approves the Planned Development (PD) Rezoning and Site Development Review applications PA 86-053.1 and .2 as shown by materials labeled Exhibit A, on file with the Dublin Planning Department, subject to the following Conditions: Unless stated otherwise, all Conditions of Approval shall be complied with prior to issuance of building or grading permits and shall be subject to Planning Department review and approval. GENERAL PROVISIONS Development shall generally conform with the revised plans prepared by Meta 4 Design, Inc. consisting of five sheets dated received by the City Planning Department, August 14, 1986, and the changes called for by these Conditions of Approval. Approval for the Site Development Review shall be valid until October 21, 1987. If construction has not commenced by that time, this approval shall be null and void. The approval period for the Site Development Review may be extended one additional year (Applicant must submit a written request for the extension prior to the expiration date of the permit) by the Planning Director upon his determination that the Conditions of Approval remain adequate to assure that the above stated Findings will continue to be met. Development shall be subject to the Conditions listed below. Comply with the City of Dublin Site Development Review Standard Conditions and the City of Dublin Police Services Standard Commercial Building Security Recommendations. Be If the Geotechnical Investigation Report prepared for this project by J. V. Lowney & Asociates (dated February 12, 1986) is not accepted by the Alameda County Geologist as adequate to serve as a Project Alquist-Priolo Report, and new geotechnical investigation is required which subsequently calls for an adjustment to the proposed footprint of the Restaurant (to provide for a -2- larger or modified seismic setback zone), said adjustment to the Site Plan shall be subject to review under a Conditional Use Permit application filed by the Developer. The Developer shall initiate the necessary proceedings t° allow consideration of the abandonment of excess right-of-way along the property's San Ramon Road frontage. If an adequate depth of right-of-way cannot be purchased from the City to facilitate the development of the site as proposed by the plans cited in Condition #1 above, the Developer shall be required to secure Conditional Use Permit approval for the resultant, modified site plan layout that would be utilized as a result of having a smaller property available for development. The seating capacity of the Restaurant (including inside and outside dining areas, the bar area and the waiting area) shall not exceed 250 seats. A minimum of 65 of the 91 proposed parking spaces shall be assigned for exclusive use by the Restaurant. A maximum of 20 parking spaces may be considered for "double-counting" between the Restaurant and the future use established at the rear (west) portion of the property. The Developer shall diligently pursue the necessary approvals to provide for the installation of curbing and landscaping within the properties to the south to allow the design changes generally portrayed on the Staff Study dated August, 1986. Pursuit of the necessary approval to install these improvements is considered necessary to allow: 1) a widening by two feet of the proposed eastern parking area (along a north-south axis) to allow the adjustment of the northerly eight compact-sized parking spaces into seven standard- sized parking spaces to reduce the ratio of compact- sized parking spaces to a more acceptable ratio (21± compact-sized to 26± full-sized); 2) allow the development of a 5' to 6' wide off-site landscape strip along the south side of the eastern parking area; and 3) the provision of a drop-off area at the southern side of the proposed Restaurant. If, upon demonstration that a diligent effort has been made by the Developer to pursue the necessary approvals for the referenced improvements and no approval can be Secured, discharge of the requirements of this Condition may be granted by the Planning Director. ARCHAEOLOGY If, during construction, archaeological remains are encountered, construction in the vicinity shall be halted, an archaeologist consulted, and the City Planning Department notified. If, in the opinion of the archaeologist, the remains are significant, measures, as may be required by the Planning Director, shall be taken to protect them. ARCHITECTURAL e Exterior colors and materials for the building addition shall be subject to final review and approval by the Planning Director. Ail ducts, meters, air conditioning equipment and other mechanical equipment on the proposed structure shall be effectively screened from view with materials architecturally compatible with the main structure. The design, location, color and materials of canopy covers for exterior deck seating areas shall be subject to review and approval by the Planning Director and DSRSD Fire Department prior to installation. DEBRIS/DUST/CONSTRUCTION ACTIVITY 10. Measures shall be taken to contain all trash, construction debris, and materials on-site until disposal off-site can be arranged. The Developer shall keep adjoining public streets free and clean of project dirt, mud, and materials during the construction priod. The Developer shall be responsible for corrective measures at no expense to the City of Dublin. Areas undergoing grading, and all other construction activities, shall be watered, or other dust-palliative measures used, to prevent dust, as conditions warrant. Provision of temporary construction fencing shall be made subject to review and approval of the City Engineer and the Building Official. -3- 11. The detailed design of the trash enclosure area shall be subject to review and approval as part of the project Landscape and Irrigation Plans. The design of the trash enclosures shall reflect dimensional criteria deemed acceptable by the Livermore-Dublin Disposal Service, and shall incorporate use of a concrete apron in front of the enclosure to facilitate the District's mechanical pick-up service. If wooden doors are utilized, the doors shall be trimmed with a heavy metal lip. Raised concrete curbing shall be provided inside the trash enclosure area to serve as wheel stops for metal trash bins to protect the interior walls of the enclosures. DRAINAGE 12. A grading and drainage plan shall be prepared and shall be submitted for review and approval by the City Engineer. Calculations (hydraulic) shall be prepared by the Developer for review by the City Engineer to determine the sizing of drainage lines. 13. The area outside the building addition shall drain outward at a 2% minimum slope for unpaved areas and a 1% minimum in paved areas (with a maximum gradient of 5%). 14. Roof drains shall empty into approved dissipating devices. Roof water, or other concentrated drainage, shall not be directed onto adjacent properties, sidewalks or driveways. No drainage shall flow across property lines. Downspouts shall drain through the curb of the concrete walks around the building. 15. Where storm water flows against a curb, a curb with gutter shall be used. The flow line of all asphalt paved areas carrying waters shall be slurry sealed at least three feet on either side of the center of the swale. DRIVEWAYS AND STREET IMPROVEMENTS 16. The design of the shared driveway along the.north property boundary shall be modified to reflect the TJKMMemorandum (and Graphic Study) dated August 15, 1986. 17. If access from San Ramon Road is utilized along the south side of the property on an interim basis (i.e., until the shared driveway at the north property boundary is developed), the location and width of improvements installed at this driveway intersection shall be subject to review and approval by the Planning Department and the City Traffic Engineer. Additionally, the Developer shall provide recorded documentation of right of access across the 28-foot wide easement strip running along the south side of the subject property. Upon full development of the northerly driveway, the Developer shall quit claim all rights to access to San Ramon Road from the 28-foot wide easement strip running along the south side of the property. 18. The location and design of the driveway connection between the subject property and the adjoining property to the north (Moret holding: APN 941-040-1-2), proposed for development along the western portion of the properties, shall be subject to modification at the direction of the Planning Department if it is determined, prior to the construction of said improvements, that an adjusted location or configuration for the driveway is necessary to promote improved circulation and/or to promote the health and well-being of the large, mature trees located in the southwest corner of the Moret holding. 19. The driveway and intersection design of the northerly driveway and the use of an entry median and/or entry paving at the northerly project entry driveway shall be subject to review and approval by the Planning Department and the City Traffic Engineer (TJKM) at the time building permits are requested. Said review shall include consideration of the lane widths, radius return dimensions, height, width and length of median, depth of entry paving and type of landscaping, if utilized, in the raised driveway median. 20. Ail improvements within the public right-of-way, including curb, gutter, sidewalks, driveways, paving and utilities, must be constructed in accordance with approved standards and/pr plans. -4- 21. Landscaping at the driveway intersection(s) with San Ramon Road shall be such that sight distance is not obstructed~. 22. The Developer shall be responsible for correcting deficiencies in the existing frontage improvements to the satisfaction of the City or County Engineer. 23. 24. Any relocation of improvements or public facilities shall be accomplished at no expense to the City. The parking and driveway surfacing shall be asphalt concrete paving. The City Engineer shall review the project's Soils Engineer's structural pavement design. The Developer shall, at his sole expense, make tests of the soil over which the surfacing and base is to be constructed and furnish the test reports to the City Engineer. The Developer's Soils Engineer shall determine a preliminary Structural design of the road bed. After rough grading has been completed, the Developer shall have soil tests performed to determine the final design of the road bed. 25. An encroachment permit shall be secured from the City Engineer for any work done within the public right-of-way, where this work is not covered under the improvement plans. EASEMENTS 26. 27. As regards the proposed shared San Ramon Road driveway entrance, if the Developer's diligent efforts fail to secure the necessary cross vehicular access easements, he shall then provide for the recordation of an agreement which binds the subject Property to enter into a future cross access easement at such time as a corresponding agreement on the adjoining property to the north is secured. Cross vehicular access easements (or other appropriate documents approved by the Planning Department) providing for driveway interconnections shown on the plans cited in Condition #1 above shall be recorded between the subject property and the adjoining properties to the north and south. The cross access easements shall be submitted for review and approval by the Planning Department and the City Attorney prior to recordation. 28. The Developer shall record an offer to enter into a future cross access easement agreement (or other appropriate document approved by the Planning Department) with the adjoining property to the south for a future interconnection between the eastern parking area and the adjoining property to the south above and beyond the proposed connection at the southwest corner of the eastern parking area. The agreement shall be submitted for review and approval by the Planning Department and City Attorney prior to recordation. This future driveway connection shall be at the southeast corner of the subject property's eastern parking area and shall be developed in cojunction with the redevelopment of the Commercial ~Property, Ltd. holding (APN 941-040-2-10) and/or with the elimination of the access connection to San Ramon Road for the 28-foot wide easement which runs along the north side of that property. 29. 30. The Developer shall be responsible for the installation of on-site and/or off-site improvements necessary to establish access to the subject property from San Ramon Road, either by improving the easement area along the south side of the subject property or by developing the shared driveway proposed along the north property boundary. The Developer shall acquire easements, and/or obtain rights-of-entry from the adjacent property owners for improvements or construction activity required outside of the subject properties. Copies of the easements and/or rights-of-entry shall be in written form and shall be furnished to the City Engineer. 31. Existing and proposed access and utility easements shall be submitted for review and approval by the City Engineer prior to the issuance of grading or building permits. These easements shall allow for practical vehicular and utility service access for portions of the subject properties. -5- FIRE PROTECTION 32. Prior to issuance of building permits, the Developer shall supply written confirmation that the requirements of the Dublin San Ramon Services District Fire Department have been, or will be, met. GRADING 33. Grading shall be completed in compliance with the construction grading plans prepared for this project. The soil engineering recommendations outlined in the Executive Summary and Design Recommendations Section of the Geotechnical Investigation Report dated February 12, 1986, and prepared for the project by J. V. Lowney and Associates shall be observed as well as any recommendations established by any subsequent Soil and Geologic Study prepared for this project~. 34. Where soil or geologic conditions encountered in grading operations are different from that anticipated in the Project Geologic Investigation Report, or where such conditions warrant changes to the recommendations contained in the original soil investigation, a revised Soil and/or Geologic Report shall be submitted for approval by the City Engineer. It shall be accompanied by an engineering and geological opinion as to the safety of the site from hazards of soil expansion, liquefaction, settlement, or seismic ground shaking. IMPROVEMENT PLANS, AGREEMENTS, AND SECURITIES 35. Prior to filing for building permits, precise plans and specifications for street improvements, grading, drainage (including size, type, and location of drainage facilities both on- and off-site) and erosion and sedimentation control shall be submitted and subject to the approval of the City Engineer. 36. The Developer shall enter into an Improvement Agreement with the City for all public improvements. Complete improvement plans, specifications, and calculations shall be submitted to, and reviewed by, the City Engineer and other affected agencies having jurisdiction over public improvements prior to execution of the Improvement Agreement. Improvement plans shall show the existing and proposed improvements along adjacent public street(s) and property that relate to the proposed improvements. All required securities, in an amount equal to 100% of the approved estimates of construction costs of improvements, and a labor and material security, equal to 50% of the construction costs, shall be submitted to, and approved by, the City and affected agencies having jurisdiction over public improvements, prior to execution of the Improvement Agreement. 37. An encroachment permit shall be secured from the City Engineer for any work done within the public right-of-way where this work is not covered under the improvement plans. LANDSCAPING AND IRRIGATION PLANS 38. A detailed Landscape and Irrigation Plan (at 1 inch = 20 feet or larger), along with a cost estimate of the work and materials proposed, shall be submitted for review and approval by the Planning Director. Landscape and Irrigation Plans shall be signed by a licensed landscape architect. A Site Specific Horticultural Report shall be prepared to assess the current health of existing on-site trees and the impacts to those trees that will result from the project's development. The Report shall establish mitiga- tion measures and a tree preservation program for the trees shown for retention on the Revised Site Plan dated received by the City of Dublin on August 14, 1986. Every reasonable effort shall be taken to retain the five existing cedar trees (forming a north-to-south row along the east side of the proposed Restaurant structure), the two cedars at the northwest corner of the project, and the 20" olive (in the center of the easterly proposed parking lot). If necessary, minor adjustments to the configuration of driveway/parking area (including selective elimination of parking spaces) shall be made to increase the probability of the long term health and vigor of trees to be retained. 39. The Developer/Owner shall sign and submit a copy of the City of Dublin Landscape Maintenance Agreement. -6- 40. Landscaping installed along San Ramon Road shall be established on a landscape mound and shall include three additional 15-gallon sized trees and shall also include clumped plantings of shrubs. This treatment shall be of a design and layout to aid in the screening of parked cars from view along San Ramon Road. 41. Additional project landscaping shall be provided along the west side of the proposed improvements (i.e., into the area planned for future development) and shall consist of a landscaped-irrigated strip of a minimum width of 10 feet. 42. The design and placement of service areas and utility boxes shall be compat- ible with the site's overall design and landscaping and shall be subject to review and approval by the Planning Director as part of the Landscape and Irrigation Plan. 43. Some of the planters proposed along the south elevation of the building shall be raised planters. Seating benches shall be designed into some of the raised planters. LIGHTING 44. Exterior lighting shall be of a design and placement so as not to cause glare onto adjoining properties or onto San Ramon Road. Lighting used after day- light hours shall be adequate to provide for security needs. Wall lighting around the entire perimeter of the building shall be supplied to provide "wash" security lighting. Photometrics shall be submitted to the Planning Department and Dublin Police Services for review and approval. The number, height, design and location of light standards shall be subject to review and approval by the Planning Department prior to the issuance of building permits. The concrete base of new light pole standards shall be finished with an aggregate pebble finish, or equivalent, as determined acceptable to the Planning Department. SIGNAGE 45. All project or building signs shall be subject to review and approval by the Planning Director prior to installation. STORAGE AND EXTERIOR ACTIVITIES 46. With the exception of exterior dining on the deck areas at the northeast and northwest corners of the proposed structure, all demonstrations, displays, services, and other activities associated with the new structure shall be conducted entirely within the structure. No loudspeakers or amplified music shall be permitted outside the structure. MISCELLANEOUS 47. The materials used across the site for pedestrian walkways into the new building shall be of a uniform design and shall be subject to review and approval of the Planning Director. The pedestrian circulation system shall include handicapped access. 48. The shared driveway at the northern side of the project shall be constructed with special entry paving adjoining the raised driveway median. 49. Ail improvements shall be installed as per the approved landscaping and irri- gation plans and the drainage and grading plans prior to the release of occu- pancy. Additionally, grading of the subject property must conform with the recommendations of the Soils Engineer to the satisfaction of the City Engineer. -7- PASSED, APPROVEDiAND ADOPTED this 22nd day of September, 1986. AYES: Councilmembers Hegarty, Jeffery, Moffatt, Vonheeder and Mayor Snyder NOES: None ABSENT: None A ~T~_~.qT ~' _-~/ ~ City Clerk kO -8-