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Item 6.1 - 2540 Kaiser Commercial Nissan Page 1 of 10 STAFF REPORT CITY COUNCIL DATE: April 16, 2019 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Kaiser Commercial - Nissan (PLPA-2019-00003) Prepared by: Amy MIllion, Principal Planner EXECUTIVE SUMMARY: The City Council will consider approval of a 31,840 square foot automobile dealership adjacent to the freeway on the southern portion of the 14.89 acres of the Kaiser Commercial property. The application includes an amended Planned Development Zoning Stage 1 Development Plan and approval of a Stage 2 Development Plan for the entire Kaiser Commercial site, and a Site Development Review Permit to construct the automobile dealership on the southern portion of the property. The zoning will contin ue to only allow commercial uses (no residential is permitted on this property). STAFF RECOMMENDATION: Conduct the public hearing, deliberate, waive the reading and INTRODUCE an Ordinance Amending the Zoning Map and Approving a Planned Development Zoning District with a Stage 1 and 2 Development Plan; and, adopt the Resolution Approving a Site Development Review Permit for the Kaiser Commercial-Nissan Project. PROJECT DESCRIPTION: Background In 2016, the City Council approved a Planned Development Zo ning District with a Stage 1 Development Plan for the subject site as part of the Kaiser Dublin Medical Center Project (Ord. 7-16). The Kaiser Dublin Medical Center Project included the subject site as Phase 1B with the intention of it being developed with a mix of commercial uses. The Kaiser Development Agreement includes a provision that required Kaiser to actively market Phase 1B and imposed financial payments by Kaiser if it did not meet certain timing requirements. This provision was included in the Agreement because the property being developed by Kaiser would be receiving a property tax exemption for the development of the medical offices and future development of their site under State law. As part of that project, the property was given a new land use designation of Medical Campus/Commercial. This designation accommodates a range of commercial uses Page 2 of 10 including regional- and community-serving retail uses, professional and administrative offices, hotel, entertainment, automotive sales, and eating and drinking establishments. The 14.89-acre parcel is located south of Dublin Boulevard between Grafton Station and the Kaiser Dublin Medical Center as shown in Figure 1 below. It is bound by I -580 to the south. In February 2019, the Community Developmen t Director approved Tentative Parcel Map 10903 to subdivide the subject property into four parcels. The Stage 1 and 2 site plan reflects these four parcels with the proposed Nissan dealership on Parcel 4. No development applications have been submitted for the remaining parcels, but hotel developers have expressed an interest in Parcels 1 and 3 and smaller commercial buildings on Parcels 2 and 3. All future development will be subject Site Development Review Permit approval by the Planning Commission. Proposed Project The Applicant currently proposes to construct a Nissan auto dealership on the southern end adjacent to I-580. The current request includes Planned Development Zoning with a related Stage 1 and 2 Development Plan and a Site Development R eview Permit to Page 3 of 10 construct the auto dealership. ANALYSIS: Planned Development Rezone Chapter 8.32 of the Dublin Zoning Ordinance establishes the intent, purpose and requirements of the Planned Development Zoning District. The Planned Development Ordinance contains requirements that ensure the project components will be developed as a cohesive and complementary project. The Development Plan establishes the following regulations for use of the subject property: permitted and conditionally permitted uses, development regulations, including setbacks, floor area ratios, height limits, parking requirement, standards and design guidelines, site plan of the Project, and other requirements which regulate the improvement and maintenance of the property. An overview of the Planned Development Zoning District is provided below. Stage 1 Development Plan Amendment The existing zoning is Planned Development Ordinance 7-16 approved as part of the Kaiser Dublin Medical Center project. For the commercial property, only a Stage 1 Development Plan was approved. The Stage 1 Planned Development Plan requires a Conditional Use Permit to allow more than 10% of the site to have outdoor storage and display, as had been requested by the previous property owner. The applicant is requesting to modify the Stage 1 Planned Development Plan to allow up to 20% of the area be allowed for outdoor storage and display area. No other changes to the allowed uses as provided in the Stage 1 Planned Development Plan are proposed. However, the Stage 1 Development Plan is being replaced in its entirety in order to simply implementation. The proposed Stage 2 Development Plan, which is required to complete the zoning district, is consistent with the amended Stage 1 Planned Development Plan. Stage 2 Development Plan The proposed Stage 2 Development Plan for the property establishes the detailed Development Plan, including the site plan for the site (See Figure 2 below), the specific uses that are permitted by right or conditionally permitted (as pr ovided in the previously approved Stage 1 Development Plan), the overall development density and intensity (e.g. FAR, building heights) for the site, and design guidelines for the site. Page 4 of 10 The development will provide interconnected pedestrian and vehicu lar circulation throughout the site and connections to adjacent developments. A pedestrian pathway located between Parcels 3 and 4 connects Grafton Station and the Water Quality Basin through the subject property to the Kaiser Medical Center. Vehicular access to the property is provided from three driveways off Keegan Street, which is a private street south of Dublin Boulevard and from a right -in/right-out driveway on Dublin Boulevard. The circulation for all parcels is interconnected allowing both pedestrians and vehicles to navigate through the entire property. The draft Ordinance providing the details of the proposed zoning is included as Attachment 1. Permitted, Conditional and Temporary Land Uses The list of permitted and conditionally permitted uses is as provided in the Planned Development Zoning District for the project site (Attachment 1). As mentioned, the list of uses is consistent with the existing Stage 1 Development Plan, with the exception of increasing the allowable storage/display area for automobile sales from 10% to 20% of the site area. The list of uses accommodates a range of commercial uses including Page 5 of 10 regional- and community-serving retail uses, professional and administrative offices, hotel, entertainment, limited automotive sales, and eating and drinking establishments. Design Theme The architecture for the proposed project combines a variety of materials, textures and colors intended to provide visual interest and to complement its surroundings. The architectural style is modern with clean lines and enhanced bold geometry using high - quality materials and a strong color palette. The architectural design promotes high quality materials to provide visual interest in the project and to complement its surroundings. Buildings throughout the Project are no more than 60 feet in height as evaluated in the Kaiser Dublin Medical Center Project EIR. The Nissan dealership, which is included in the proposed project, measures 30 feet at its tallest point. The design of the Nissan dealership is provided in more detail below (Site Development Review Permit) and completely illustrated by the proposed building elevations and landscape plans that are presented in the project plans. Site Development Review Permit A Site Development Review permit for the Nissan dealership is included in the proposed application. The Site Development Review permit for any future buildings on the Kaiser Commercial property will be reviewed as developers are identified and applications are submitted. The draft resolution approving the Site Development Review Permit for the proposed Nissan dealership building is included as Attachment 2. The following is a summary of the key components of the project associated with the Site Development Review. The Site Development Review permit for the Nissan dealership includes the construction of the proposed building, associated parking, landscaping and frontage improvements along Parcel 4 only. Improvements associated with the remaining parcels will take place in the future with their respective approvals. Overall Project Design The proposed project is designed with a glass display/showroom area as the major feature. The overall form of the building is simple with clean and contemporary architecture. The showroom is two stories and has an architectural pop out centered above the entry to accommodate the Nissan sign. The prominent color of the building is a dark grey which will be accented with clear glazing and eventually red signage. The sales and service building is designed with a grey plaster wall on the service portion. The service area is purposely simple to focus attention on the showroom. The exterior of the showroom is clad with an insulated wall metal panel system which has a textured stucco finish. Along the parapet, the same metal panel system is finished with a horizontal wave finish adding definition to the top of the building. Vehicular entries to the service area are designed with three glass overhead doors. Large spandrel glass walls highlight the showroom portion of the building. Page 6 of 10 Site Plan, Access, Circulation, and Parking As shown on the proposed site plan (Figure 3 below and Sheet A -1.0 of the Project Plans, see Attachment 3), the front of Nissan building is oriented towards I -580 and Keegan Street, with the remainder of the building facing west to the water quality basin and north towards the future parcel. It is anticipated that the development on the future parcel will be designed so that the front entry focuses away from the Nissan dealership leaving the back areas of the buildings relating to one another. Primary vehicle access into the site will be provided off Dublin Boulevard via Keegan Street with a secondary internal access drive between the subject parcel and the adjacent parcel to the north. The proposed Stage 1 Development Plan allows up to 20% of the entire Commercial parcel (14.89 acres) to be used for outdoor display and storage of vehicles as part of the auto dealership. More than 20% requires approval of a conditional use permit. The proposed site plan shows 18.6% of the entire commercial parcel to be used for outdoor display and storage and therefore a conditional use permit is not required. This does not include areas used for required parking or indoor spaces. Figure 3. Nissan Site Plan Parking Parking requirements for the proposed auto dealership are regulated by the City of Dublin Zoning Ordinance (Section 8.76.080.D). The parking requirements for the project are the sum of the different uses. The following table illustrates the number of parking stalls that are required for the use. Page 7 of 10 Table 1: Required Parking Use Parking Requirement Total Area Required Number of Parking Stalls Indoor/Outdoor Display 1 per 1,000 sq. ft. 44,141 sq. ft. 44 Service Area 1 per 400 sq. ft. 26,529 sq. ft. 67 Office 1 per 250 square feet 1,759 sq. ft. 7 Total Stalls Required 118 Total Stalls Provided (excluding tandem stalls) 359 As shown on the above Table, a total of 118 parking stalls are required for employees and visitors. The Applicant is proposing to provide 359 parking stalls on the site. Of these stalls, 118 parking stalls will be designated for employee, visitor parking and the remaining spaces will be used for display and inventory parking. Typical of an auto dealership, the proposed project will exceed the minimum parking requirements in order to accommodate vehicle inventory. The row of parking stalls along the southern boundary of the property are located within the potential future BART right-of-way as part of the BART to Livermore Extension. Although BART has decided to not advance the BART to Livermore Extension Project, the area remains reserved for potential development in the future. With the required parking outside of this area, these spaces are for the sole purpose of display and storage. Therefore, even with the removal of these spaces, the auto dealership would have an adequate amount of parking to meet the City’s requirements. Landscape The site is currently devoid of vegetation, other than grasses which are disked regularly for maintenance. The preliminary landscape plan includes a conceptual plant pallet with a variety of trees, including 24” box trees along the perimeter of the site. The interior of the site is accented with a mix of 1-gallon and 5-gallon shrubs. New landscape areas are proposed with a variety of drought tolerant plants suitable for low maintenance and water conserving efforts. The landscape concept including the planting plan and palette is provided on Sheets L1.1-L1.4 of the Project Plans (Attachment 3). Public Art Compliance The applicant intends to satisfy the City’s public art requirement through the payment of in-lieu fees. Condition of Approval No.16 confirms this intention. CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLANS, AND ZONING ORDINANCE: The project is consistent with the General Plan land use designation of Medical Campus/Commercial which allows a range of commercial uses including regional - and Page 8 of 10 community-serving retail uses, professional and administrative offices, hotel, entertainment, limited automotive sales, and eating and drinking establishments. The General Plan encourages projects to relate well to the surrounding developments, and the proposed project is compatible with the surrounding neighborhood that includes commercial, office, and residential, uses. The proposed project is consistent with the Eastern Dublin Specific Plan because the Plan states that regionally -oriented commercial uses should be located south of Dublin Boulevard and near freeway interchanges where convenient vehicular access will limit traffic impacts to the rest of Dublin and the commercial center is intended to serve the community as well as the region. REVIEW BY APPLICABLE DEPARTMENT AND AGENCIES: The Building Division, Fire Prevention Bureau, Public Works Department, and Dublin San Ramon Services District reviewed the project and provided Conditions of Approval where appropriate to ensure that the Project is established in compliance with all local Ordinances and Regulations. Conditions of Approval from these departments and agencies have been included in the attached Resolution (Attachment 4). ENVIRONMENTAL REVIEW: On September 20, 2016, the City Council certified the Kaiser Dublin Medical Center Project EIR which included the subject site identified as Phase 1B. Upon approval of the Kaiser Dublin Medical Center EIR, the City Council adopted mitigations, a mitigation monitoring program and a Statement of Overriding Considerations (Resolution 153 -16). The EIR examined potential environmenta l impacts resulting from the project at full build out in the following topic areas: • Aesthetics, Light, and Glare • Air Quality/Greenhouse Gas Emissions • Biological Resources • Cultural Resources • Geology, Soils, and Seismicity • Hazards and Hazardous Materials • Hydrology and Water Quality • Land Use • Noise • Public Services and Utilities • Transportation In summary, the EIR concludes that the project will have significant impacts in several topic areas and mitigation measures have been written to reduce the impacts to a level that is less than significant. These impacts are primarily related to aesthetics, air quality, biology, cultural resources, geology, hydrology, noise, and transportation. As is typical for other projects of this size, several other impacts were identified where, even with the implementation of mitigation measures, the effects to the environment are still expected to be significant. There are impacts to vehicular delays at certain street Page 9 of 10 intersections in the future, notable greenhouse gas emissio ns, and air pollution impacts that cannot be mitigated. The mitigation measures adopted as part of the mitigation monitoring and reporting program addressed the impacts of the project site. Pursuant to the California Environmental Quality Act (CEQA) Guidelines section 15162, the proposed project was examined to determine if another environmental document should be prepared. The City conducted a review to determine if the proposed project met any of the standards requiring the preparation of supplementa l environmental review under CEQA. Based on a review of the project, the environmental analysis in the Kaiser Dublin Medical Center EIR and all the information in the Project record as a whole, the City has determined that there is no substantial evidence that any of the standards are met. The mitigation measures adopted as part of the mitigation monitoring and reporting program addressed the impacts of the project site. This included mitigation measures for Aesthetics, Light, and Glare, Air Quality, Biological Resources, Cultural Resources, Geology, Soils, and Seismicity, Hydrology and Water Quality, Noise and Transportation. In order to evaluate the potential Phase 1B, the Kaiser Dublin Medical Center EIR included assumptions on the intensity of development and types of uses. For the purposes of providing a conservative analysis, the EIR included the following key assumptions: Kaiser Dublin Medical Center EIR Key Assumptions for Phase 1B Development Potential 250,000 square feet of commercial uses evaluated as either 250,000 square feet of retail uses or office uses, whichever yields the highest impact scenario for a particular impact area. For example, office uses would yield the highest weekday morning (AM) peak-hour trip generation value, while retail uses would yield the highest weekday afternoon (PM) peak -hour trip generation value; therefore, the traffic analysis used office uses for the AM peak hour and retail uses for the PM peak hour. This allowed flexibility as plans for the Commercial Parcel became more defined. Uses Types of potential uses on the Commercial Parcel may include hotel, restaurant, recreational and/or other retail uses (including regional-serving retail), or office uses in the research and development fields with a possible focus in the biotechnology, medical device, health care, or pharmaceutical sectors. Other possibilities to be studied for potential Commercial Parcel development might include skilled nursing, senior living, or licensed care facilities. Timing Development of this phase would between 2016 and 2020 Maximum Height 1-4 stories in height (25-60 feet) Parking Surface parking for 700 -1,100 vehicles Site Access Four access points, including: ➢ Unsignalized right-in/right-out on Dublin Boulevard ➢ Three driveways along the private street (Keegan Street) Page 10 of 10 Based on the Project record as a whole, the proposed project is within the scope of the project covered by the Kaiser Dublin Medical Center EIR. The circumstances under which the Project is to be undertaken have not substantially changed since the Kaiser Dublin Medical Center EIR were prepared and will not substantially change with the approval of the Project. As supported by the project description, Stage 1 and 2 Planned Development Plan and Site Development Review Permit plans, the EIR adequately describes the impacts of the Project for the purposes of CEQA, no mitigation measures or new alternatives are required by the Project other than those previously disclosed and analyzed in the Kaiser Dublin Medical Center EIR. Approval of the project will not create any site‐specific operations giving rise to environmental effects different from those examined by the EIR or requiring the preparation of an Initial Study. The proposed project is subject to the Kaiser Dublin Medical Center Mitigation Monitoring and Reporting Program. Consequently, pursuant to CEQA Guidelines Section 15162, the Project impacts are covered by the Kaiser Dublin Medical Center EIR and no further environmental review is required for this project. PLANNING COMMISSION REVIEW: The Planning Commission considered this project at their regular meeting on March 26, 2019 and recommended unanimous approval on a 4-0-1 vote with Commissioner Mittan abstaining because of a real property ownership conflict . Five residents addressed the Commission expressing concerns that generally related to traffic, noise, light pollution, and vehicle deliveries. While most concerns were directly related to the proposed Nissan dealership, others were related to the future commercial development within the proposed Planning Development on the northern end of the parcel closer to Dublin Boulevard. The Planning Commission Resolutions recommending approval of the project and the draft meeting minutes are included as Attachments 4 and 5 respectively. NOTICING REQUIREMENTS: In accordance with State law, a public notice was mailed to all property owners and occupants within 300 feet of the project site. A public notice also was published in the East Bay Times and posted at several locations throughout the City. A Planning Application sign was posted on the project site and the project was also included on the City’s development projects webpage. A copy of this Staff Report has been provided to the Applicant. ATTACHMENTS: 1. Ordinance Amending the Zoning Map and Approving a Planned Development Zoning District 2. Resolution Approving a Site Development Review Permit for the Kaiser Commercial - Nissan Project 3. Exhibit A to Attachment 2 - Project Plans 4. Planning Commission Resolutions 19-01 and 19-02 5. Planning Commission Draft Minutes dated March 26, 2019 ORDINANCE NO. xx – 19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * * * * AMENDING THE ZONING MAP AND APPROVING A PLANNED DEVELOPMENT ZONING DISTRICT WITH A RELATED STAGE 1 AND 2 DEVELOPMENT PLAN FOR THE KAISER COMMERCIAL PROJECT PLPA 2019-00003 (APN 985-0027-019) The Dublin City Council does ordain as follows: SECTION 1. RECITALS A. The Applicant, Jessie Dosanjh, submitted an application to construct a new 31,840 square foot Nissan dealership on the southern portion of the approximately 14.89-acre site. The applications include a Planned Development Zoning Stage 1 and 2 Development Plan and a Site Development Review Permit. The proposed development and applications are collectively known as the “Project”; and B. The Project site is approximately 14.89 acres located south of Dublin Boulevard between the Kaiser Medical Center and Grafton Station. Interstate 580 forms the southern boundary of the site. (Assessor Parcel Number 985-0027-019-00); and C. On September 20, 2016, the City Council certified the Kaiser Dublin Medical Center Project EIR which included the subject site identified as Phase 1B. Upon approval of the Kaiser Dublin Medical Center EIR, the City Council adopted mitigations, a mitigation monitoring program and a Statement of Overriding Considerations (Resolution 153-16, incorporated herein by reference); and C. On October 4, 2016, City Council approved the Planned Development Stage 1 Development Plan for the Kaiser Dublin Medical Center Project which included the subject site identified as Phase 1B (Ordinance 7-16); D. Pursuant to the California Environmental Quality Act (CEQA) Guidelines section 15168(c)(2), the project was examined to determine if another environmental document should be prepared. The analysis concluded that the environmental impacts of the Project were analyzed in the Kaiser Dublin Medical Center EIR. There is no substantial evidence in the record that any new effects would occur, that any new mitigation measures would be required , or that any of the conditions triggering supplemental environmental review under CEQA Guidelines section 15162 exists; and E. Following a properly noticed public hearing on March 26, 2019, the Planning Commission adopted Resolution 19-01, recommending approval of the Planned Development Rezone and related Stage 1 and 2 Development Plan, which resolution is incorporated herein by reference and available for review at City Hall during normal business hours ; and F. On April 16, 2019, the City Council held a properly noticed public hearing on the project, including the proposed Planned Development Zoning Stage 1 Development Plan and the Stage 1 2 Development Plan, at which time all interested parties had the opportunity to be heard; and G. Staff Report dated April 16, 2019, and incorporated herein by reference, described and analyzed the Project, including the Planned Development Rezone and related Stage 1 and 2 Development Plan, for the City Council; and SECTION 2. FINDINGS A. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as follows. 1. The Kaiser Commercial Project (“the Project”) PD-Planned Development zoning meets the purpose and intent of Chapter 8.32 in that it provides a comprehensive development plan that creates a desirable use of land that is sensitive to surrounding land uses by virtue of the layout and design of the site plan. 2. Development of the Kaiser Commercial Project under the PD-Planned Development zoning will be harmonious and compatible with existing and future development in the surrounding area in that the site will provide new commercial in an area that has similar uses nearby and is also adjacent to existing and future workplaces and residential neighborhoods. B. Pursuant to Sections 8.120.050.A and B of the Dublin Municipal Code, the City Council finds as follows. 1. The PD-Planned Development zoning for Kaiser Commercial Project will be harmonious and compatible with existing and potential development in the surrounding area in that the proposed Site Plan has considered a land use type and density that is compatible with the adjacent areas and densities. 2. The project site is physically suitable for the type and intensity of the zoning district being proposed in that the project site is flat with an improved public street on the north, a private street to the east and served by existing public utilities. The project site conditions were documented in the Environmental Impact Report (EIR) that has been prepared, and the environmental impacts that have been identified will be mitigated to the greatest degree possible. There are no site challenges that were identified in the EIR that will present an impediment to utilization of the site for the intended purposes. There are no major physical or topographic constraints and thus the site is physically suitable for the type and intensity of the commercial uses approved through the PD zoning. 3. The PD-Planned Development zoning 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 welfare in that the project will comply with all applicable development regulations and standards and will implement all adopted mitigation measures. 4. The PD-Planned Development zoning is consistent with and in conformance with the Dublin General Plan, in that the proposed commercial center is consistent with the Medical Campus/Commercial land use designation for the site. C. On September 20, 2016, the City Coun cil certified the Kaiser Dublin Medical Center Project EIR which included the subject parcel identified as Phase 1B. Pursuant to CEQA Guidelines 2 section 15168(c)(2), the project was examined to determine if another environmental document should be prepared. The analysis concluded that the environmental impacts of the Project were analyzed in the Kaiser Dublin Medical Center EIR. There is no substantial evidence in the record that any new effects would occur, that any new mitigation measures would be requi red, or that any of the conditions triggering supplemental environmental review under CEQA Guidelines section 15162 exist. SECTION 3: ZONING MAP AMENDMENT Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code the City of Dublin Zoning Map is amended to rezone the property described below to a Planned Development Zoning District and supersedes and replaces the previously adopted zoning (Ordinance 7-16): 14.89 acres located south of Dublin Boulevard between Kaiser Medical Center and Grafton Station. Interstate 580 forms the southern boundary of the site. (Assessor Parcel Numbers 986-0033-004, 986-0027-019-00) (“the Property”). A map of the rezoning area is shown below: 3 SECTION 4. APPROVAL OF STAGE 1 AND 2 DEVELOPMENT PLAN The regulations for the use, development, improvement and maintenance of the project site are set forth in the following Stage 1 and 2 Development Plan, which is hereby approved. Any amendments to the Stage 1 and 2 Development Plan shall be in accordance with Chapter 8.32 of the Dublin Zoning Ordinance or its successors. Stage 1 & 2 Development Plan for Kaiser Commercial Project This is a Stage 1 and Stage 2 Development Plan pursuant to Chapter 8.32 of the Dublin Zoning Ordinance. This Development Plan meets all the requirements for the Stage 1 and Stage 2 Development Plan set forth in Chapter 8.32 of the Dublin Zoning Ordinance and is adopted as part of the Planned Development Zoning for the Kaiser Commercial Project (PLPA -2019- 00003). This Stage 1 and Stage 2 Development Plan supersedes and replaces the Stage 1 Development Plan adopted for this site by Ordinance 7-16. The Planned District and this Stage 1/Stage 2 Development Plan provides flexibility needed to encourage innovative development while ensurin g the goals, policies and action programs of the General Plan, Eastern Dublin Specific Plan, and provisions of Chapter 8.32, Planned Development Zoning District of the Zoning Ordinance are satisfied. 1. Statement of Uses. Use types listed below are as defined in Dublin Municipal Code, unless otherwise noted. Permitted Uses: • Hotel/Motel • Eating and Drinking Establishments1 • Entertainment (including movie theater, performance venue, or similar) • Automotive/Vehicle Sales and Service (outdoor display/storage area limited to 20% of the subject parcel) • The following Retail uses: o Home Furnishings o Clothing/Fashion o Office Supplies o Home Appliance/Electronics o Hardware o Jewelry o Bookstore o Sporting Goods o Grocery2 o Other retail establishments determined by the Community Development Director to be similar (in terms of City revenue generation and use type) to the foregoing3 Conditionally Permitted Uses • Membership-based warehouse retail store4 • Professional and Administrative Offices • Research and Development Laboratory • Automotive/Vehicle Sales and Service (outdoor display/storage area more than 20% of the subject parcel) • Fitness/Health Club2 4 Notes: 1. Up to a maximum of 20% of the total building square footage. Drive-through or traditional fast-food chain restaurants shall not be permitted. 2. Up to a maximum of 30% of the total building square footage 3. Tobacco Retail uses shall not be permitted. 4. CUP analysis will require a trip generation assessment/site plan review and potentially a supplemental analysis to determine if the use generates traffic more than what was assumed in the EIR 2. Stage 1/2 Site Plan. The following Stage 1 and Stage 2 Site Plan is conceptual . Final site design shall be determined by the Site Development Review Permit. 3. Site area, proposed densities and development regulations. The following development regulations apply to the entire site/parcels as a whole: Maximum Building Height 60 feet Minimum Lot Size None Maximum lot coverage None Maximum Floor Area Ratio .60 Maximum Building Area 250,000 SF1 Minimum Building Setbacks Dublin Boulevard 8’ 5 Eastern Property Line 5’ Western Property Line 15’ Parking Per Chapter 8.76 Off-Street Parking and Loading Regulations of the Dublin Zoning Ordinance unless otherwise noted. Parking Setbacks Dublin Boulevard 5’ Eastern Property Line 5’ Western Property Line 5’ Signage Pursuant to an approved Master Sign Program Note: 1 The maximum building area is based on the Kaiser Dublin Medical Center Project EIR and the vehicle trip generation of potential future uses that could be constructed on the site which conservatively included 250,000 square feet of office for AM peak hour and 250,000 square feet of regional retail for PM peak hour. 4. Phasing Plan. The project site is not intended to be phased. The construction and occupation of the individual buildings may occur concurrently and would be separated into different building permit submittals. 5. Architectural Standards. The architectural style is modern with clean lines and enhanced bold geometry using high- quality materials and a strong color palette. The architectural design shall reflect the following standards: • Employ high quality materials to provide visual interest in the project and to complement its surroundings. • The overall character and feel of the area shall use a variety of cohesive styles, materials, colors and textures. • Use diversity of textures in the building finishes providing a varied and interesting base form for the buildings. • The simple form of the building is enhanced by the juxtaposition of protruding planes, material textures, and colors. • The design for the entries to parking lots should be articulated and detailed such that employees and visitors can easily identify pedestrian and vehicular access points • Provide functional amenities and spaces where hotel guests and visitors will gather and socialize, with landscaping, outdoor seating, enhanced paving treatment, and other features to provide an appropriate urban scale for the development. • Incorporate features such as different wall planes, heights, wall textures, roof elements, signs, light fixtures and landscaping to contribute layers of detail at the pedestrian level. 6 Illustrative examples of architectural style: 6. Preliminary Landscape Plan. The landscape design of the project shall include the following: • Inviting streetscapes along Dublin Boulevard and at pedestrian entries to draw pedestrians into the site. Through multiple modes of circulation, plaza spaces and programmed indoor and outdoor space, social interaction thrives. Through the creative use of planting, hardscape, site furnishings and lighting, the commercial center of the project site helps to promote community awareness and vitality. • A dedicated pedestrian and bicycle pathway connecting the parcels to the east and west through the project site. 7 • The open spaces within the site appeal to all users. Distinct and varied activities, seating options and shade, allow for a diverse user group as well as a unique and identifiable character. • Through the use of a varied planting palette, the public realm and the private site will feel linked but separate. The use of screening shrubs and accent fencing will provide a visual buffer while softening the edge. • Planting Design will create year-round interest with variegated cultivars and plant types with visual interest through all seasons. Plant palette will be drought tolerant and environmentally appropriate for the Dublin climate. Planting design will accommodate plants at their mature size for minimal pruning and shearing. Shrubs will be used to minimize the visual presence of loading, trash, utility and service areas. Evergreen trees and hedges will be utilized to provide screening between separate uses. Create a pedestrian corridor that connects the existing the Water Quality Basin trail to the west, through the site, and to Keegan St and the Kaiser Medical center to the east 7. Consistency with General Plan and any applicable Specific Plan. The proposed project is consistent with the General Plan and Eastern Dublin Specific Plan land use Medical Campus/Commercial, which permits a floor area ratio of 0.25 to 0.60 and accommodates a 8 range of commercial uses including regional- and community-serving retail uses, professional and administrative offices, hotel, entertainment, limited automotive sales, and eating and drinking establishments. 8. Inclusionary Zoning Regulations. The Inclusionary Zoning Regulations do not regulate non-residential projects, so therefore this is not applicable. 9. Aerial Photo. 10. Statement of compatibility with Stage 1 Development Plan. The Stage 2 portion of this Development Plan is consistent with the Stage 1 portion of this Development Plan. SECTION 5. POSTING OF ORDINANCE The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public spaces in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. SECTION 6. EFFECTIVE DATE 9 This Ordinance shall take effect thirty (30) days following its adoption. PASSED AND ADOPTED BY the City Council of the City of Dublin, on this _____ day of _______, 2019, by the following votes: AYES: NOES: AB SENT: ABSTAIN: _____________________________ Mayor ATTEST: _____________________________ City Clerk RESOLUTION NO. xx-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A SITE DEVELOPMENT REVIEW PERMIT FOR THE KAISER COMMERCIAL - NISSAN PROJECT PLPA 2019-00003 (APN 985-0027-019) WHEREAS, the Applicant, Jessie Dosanjh, submitted an application to construct a new 31,840+ square foot Nissan dealership on the southern portion of the approximately 14.89 -acre site. The applications include a Planned Development Zoning Stage 1 and 2 Development Plan and Site Development Review Permit. The proposed development and applications are collectively known as the “Project”; and WHEREAS, the project site is located within a Planned Development Zoning District; and WHEREAS, the Project Plans illustrate the site layout and building elevations for approximately 31,840 square foot automobile sales and service building, which are permitted by Planned Development Zoning District, the Eastern Dublin Specific Plan and General Plan; and WHEREAS, the Site Development Review application collectively defines this “Project” and is available and on file in the Community Development Department; and WHEREAS, in accordance with the California Environmental Quality Act certain projects are required to be reviewed for environmental impacts and when applicable, environmental documents prepared; and WHEREAS on September 20, 2016, the City Council certified the Kaiser Dublin Medical Center Project EIR which included the subject site identified as Phase 1B. Upon approval of the Kaiser Dublin Medical Center EIR, the City Council adopted mitigations, a mitigation monitoring program and a Statement of Overriding Considerations (Resolution 153 -16, incorporated herein by reference); and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) Guidelines section 15168(c)(2), the project was examined to determine if another environmental document should be prepared. The analysis concluded that the environmental impacts of the Project were analyzed in the Kaiser Dublin Medical Center EIR. There is no substantial evidence in the record that any new effects would occur, that any new mitigation measures would be required, or that any of the conditions triggering supplemental environmental review under CEQA Guidelines section 15162 exists; and WHEREAS, a Staff Report for the Planning Commission, dated March 26, 2019 and incorporated herein by reference, described and analyzed the Project, including the Site Development Review Permit and furthermore, on March 26, 2019, the Planning Commission held a properly noticed public hearing on the Project, including the proposed Site Development Review Permit, at which time all interested parties had the opportunity to be heard; and WHEREAS, on March 26, 2019, the Planning Commission adopted Resolution 19-01 recommending that the City Council approve the proposed Planned Development Zoning District 2 with a Stage 1 and 2 Development Plan related to the Project, which resolution is incorporated herein by reference and available for review at City Hall during normal business hours; and WHEREAS, on March 26, 2019, the Planning Commission adopted Resolution 19-02 recommending that the City Council approve a Site Development Review for Kaiser Commercial Nissan Project, which resolution is incorporated herein by reference and available for review at City Hall during normal business hours; and WHEREAS, a Staff Report, dated April 16, 2019 and incorporated herein by reference, described and analyzed the Project including the Planned Development Zoning Stage 1 Development Plan amendment, Stage 2 Development Plan and Site Development Review for the City Council; and WHEREAS, the City Council held a properly noticed public hearing on the Project, including the Site Development Review application, on April 16, 2019, at which time all interested parties had the opportunity to be heard; and WHEREAS, proper notice of the public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted recommending that the City Council approve the Site Development Review application; and WHEREAS, the City Council did hear and use independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby make the following Site Development Review findings and determinations regarding the Kaiser Commercial-Nissan Project: A. The proposal is consistent with the purposes of Chapter 8.104 (Site Development Review) of the Zoning Ordinance, with the General Plan, and any applicable Specific Plans and design guidelines because : 1) The project provides an orderly, attractive and harmonious development compatible with the site’s environmental constraints and with surrounding properties and neighborhoods. The development gives thoughtful consideration to building location, architectural and landscape design and theme, vehicular and pedestrian access and on-site circulation, parking and traffic impact. It complies with development regulations and the requirements of th e zoning district, as required by Section 8.104.020.A of the Dublin Zoning Ordinance; 2) the project is utilizing traditional building forms with contemporary, high -quality materials and finishes in compliance with the design guidelines of the Eastern Dublin Specific Plan and Community Design and Sustainability Element of the General Plan; 3) the proposed project will conform to the density, design, and allowable uses as stated in the Stage 2 Development Plan as required by Section 8.104.020.B of the Dublin Zoning Ordinance; 4) the project includes pedestrian pathways providing a connection to adjacent developments; and 5) the project is consistent with the General Plan and Eastern Dublin Specific Plan, as amended. B. The proposal is consistent with the provisions of Title 8, Zoning Ordinance because: 1) The architecture and landscape design for the project provides an appropriate 3 pedestrian scale with the proposed building layout, landscaping and parking which is well-suited to the use; 2) the overall de sign of the project is consistent with the design requirements of the Stage 1 and Stage 2 Development Plan; 3) the proposed project is consistent with the Eastern Dublin Specific Plan in that a more intensive use is located south of Dublin Boulevard and easily accessible from nearby freeway interchanges where convenient vehicular access will limit traffic impacts to the rest of Dublin ; 4) the overall project is consistent with the total development potential for the site as stated in the Stage 1 and Stage 2 Development Plan; 5) the proposed development is compatible with the General Plan Land Use designations Medical Campus/Commercial which allows for automobile sales; and 6) the proposed project meets the intent of the Dublin General Plan which discourages projects that do not relate well to the surrounding developments and the proposed project is compatible with the surrounding neighborhood that includes residential and commercial uses. C. The design of the project is appropriate to the City, the vicinity, surrounding properties, and the lot(s) in which the project is proposed because: 1) The architecture and landscape design for the project provides an appropriate pedestrian scale and the landscaping and parking areas are well-suited to the uses; 2) the overall design of the project is consistent with the design requirements of the Stage 1 and Stage 2 Development Plan; 3) the proposed development is compatible with the General Plan Land Use designation Medical Campus/Commercial which allows for automobile sales; and 4) the proposed project meets the intent of the Dublin General Plan which discourages projects that do not relate well to the surrounding developments and the proposed project is compatible with the surrounding neighborhood that includes office, residential, and commercial uses. D. The subject site is suitable for the type and intensity of the approved development because: 1) the project will is within the density requirements of the Planned Development Zoning District, the General Plan, and the Eastern Dublin Specific Plan; 2) the project provides for its own infrastructure and required services and is designed to include sufficient vehicular and pedestrian access, with parking to support the use s; and 3) the proposed density of the site is consistent with the General Plan and Eastern Dublin Specific Plan. E. Impacts to existing slopes and topographic features are addressed because : 1) the project site is relatively flat; 2) the roadway and utility infrastructure to serve the site already exists, and 3) future approval of grading and improvement plans will enable the site to be modified to suit the project, which will be developed for the site in accordance with City policies and regulations. F. Architectural considerations including the character, scale and quality of the design, site layout, the architectural relationship with the site and other buildings, screening of unsightly uses, lighting, building materials and colors and similar elements result in a project that is harmonious with its surroundings and compatible with other developments in the vicinity because: 1) the architectural style and materials will be consistent and compatible with the contemporary architectural style, colors, and materials being utilized on other commercial projects in the City; 2) the project is utilizing traditional building forms with contemporary, high -quality materials and finishes in compliance with the design guidelines of the Eastern Dublin Specific Plan; and 3) the size and scale of the development will be similar to other buildings in the project vicinity. 4 G. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, and similar elements have been incorporated into the project to ensure visual relief, adequate screening and an attractive environment for the public because: 1) the Preliminary Landscape Plan for the project site emphasizes the pedestrian connections to the east and west from the Water Quality Basin to the Kaiser Dublin Medical Center as well as provides an enhancement to the streetscape; 2) landscaping will be provided around the perimeter and in area within the parking fields of the project building; and 3) the project perimeter and interior landscaping is consistent with other commercial development in the vicinity and conforms to the requirements of the City’s Water Efficient Landscape Ordinance. H. The site has been adequately designed to ensure the proper circulation for bicyclist, pedestrians, and automobiles because: 1) all infrastructure including driveways, pathways, sidewalks, and street lighting have been reviewed for conformance with City policies, regulations, and best practices and have been designed with multi -modal travel in mind; and 2) development of this project will conform to the major public improvements already installed allowing patrons the safe and efficient use of these facilities. BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby approve Site Development Review for the Kaiser Commercial - Nissan Project, subject to the conditions included below. CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use and shall be subject to Planning Department review and approval. The following codes represent those departments/a gencies responsible for monitoring compliance of the conditions of approval. [PL.] Planning, [B] Building, [PO] Police, [PW] Public Works [P&CS] Parks & Community Services, [ADM] Administration/City Attorney, [FIN] Finance, [F] Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health, [Z7] Zone 7. # CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: PLANNING CONDITIONS 1. Approval. This Site Development Review approval is for the Kaiser Commercial – Nissan Project. This approval shall be as generally depicted and indicated on the plan set prepared by Gates & Associates, Architecture Solution Group and MacKay & Somps received on February 21, 2019 attached as Exhibit A and as generally depicted by the color and material samples submitted along with the project. The project plans and color and material samples are on file in the Community Development Department. This Site Development Review approval is as further specified as the following Conditions of Approval for this project. PL Ongoing 2. Effective Date. This SDR approval becomes effective once the companion Planned Development Zoning District has been approved by City Council and is effective. PL Ongoing 5 # CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: 3. Site Development Review Expiration. Construction or use shall commence within one (1) year of Site Development Review approval or the Site Development Review shall lapse and become null and void. If there is a dispute as to whether the Site Development Review has expired, the City may hold a noticed public hearing to determine the matter. Such a determination may be processed concurrently with revocation proceedings in appropriate circumstances. If a Site Development Review expires, a new application must be made and processed according to the requirements of the Zoning Ordinance. PL One Year After Effective Date 4. Time Extension. The Director of Community Development may, upon the Applicant’s written request for an extension of approval prior to expiration, and upon the determination that any Conditions of Approval remain adequate to assure that applicable findings of approval will continue to be met, grant a time extension of approval for a period not to exceed 12 months. The Director of Community Development may grant a maximum of two extensions of approval, and additional extensions may be granted by the original decision maker. PL Prior to Expiration Date 5. Compliance. The Applicant/Property Owner shall operate this use in compliance with the Conditions of Approval of this Site Development Review Permit, the approved plans and the regulations established in the Zoning Ordinance. Any violation of the terms or conditions specified may be subject to enforcement action. PL On-going 6. Revocation of Permit. The Site Development Review approval shall be revocable for cause in accordance with Section 8.96.020.I of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. PL On-going 7. Requirements and Standard Conditions. The Applicant/ Developer shall comply with applicable City of Dublin Fire Prevention Bureau, Dublin Public Works Department, Dublin Building Department, Dublin Police Services, Alameda County Flood Control District Zone 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Department of Health Services requirements and standard conditions. Prior to issuance of building permits or the installation of any improvements related to this project, the Developer shall supply written statements from each such agency or department to the Planning Department, indicating that all applicable conditions required have been or will be met. Various Building Permit Issuance 8. Required Permits. Developer shall obtain all permits required by other agencies, if applicable, including, but not limited to Alameda County Flood Control and Water Conservation District Zone 7, California Department of Fish and Wildlife, Army Corps of Engineers, Regional Water Quality Control Board, Caltrans and provide copies of the permits to the Public Works Department. PW Building Permit Issuance 9. Fees. Applicant/Developer shall pay all applicable fees in effect at the time of building permit issuance, including, but not limited to, Planning fees, Building fees, Traffic Impact Fees, TVTC fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees, Fire Facilities Impact fees, Alameda County Flood and Water Conservation Various Building Permit Issuance 6 # CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: District (Zone 7) Drainage and Water Connection fees; or any other fee that may be adopted and applicable. Approved Development Agreement supersedes where applicable. 10. Indemnification. The Developer shall defend, indemnify, and hold harmless the City of Dublin and its agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that the Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying the Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. ADM On-going 11. Clarification of Conditions. In the event that there needs to be clarification to the Conditions of Approval, the Director of Community Development and the City Engineer have the authority to clarify the intent of these Conditions of Approval to the Developer without going to a public hearing. The Director of Community Development and the City Engineer also have the authority to make minor modifications to these conditions without going to a public hearing in order for the Developer to fulfill needed improvements or mitigations resulting from impacts to this project. PW On-going 12. Modifications. Modifications or changes to this Site Development Review approval may be considered by the Community Development Director if the modifications or changes proposed comply with Section 8.104.100 of the Zoning Ordinance and with the Eastern Dublin Specific Plan. PL On-going 13. Equipment Screening. All electrical equipment, fire risers, and/or mechanical equipment shall be screened from public view by landscaping and/or architectural features. Any roof-mounted equipment shall be completely screened from adjacent street view by materials architecturally compatible with the building and to the satisfaction of the Community Development Director. The Building Permit plans shall show the location of all equipment and screening for review and approval by the Director of Community Development. PL Building Permit Issuance and Through Completion/ On-going 14. Master Sign Program. A Master Sign Program shall be reviewed and approved at the Staff-level for all project-related signage including, but not limited to, wall signs, monument signs, community identification signage, address signage, directional signage, parking signage, speed limit signage, retail tenant signage, and other signage deemed necessary by the City. The wall and monument signs shown in the Project Plans are for illustrative purposes only and the full details of the sign sizes, materials, and construction shall be shown in the separate sign package. PL Installation of any project- related signage 15. Construction Trailer. The Applicant/Developer shall obtain a Temporary Use Permit prior to the establishment of any PL Establishment of the 7 # CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: construction trailer, storage shed, or container units on the project site. temporary use 16. Public Art. The project is required to comply with Sections 8.58.05A and 8.58.05D of Chapter 8.58 (Public Art Program) of the Dublin Municipal Code. The Project will make a monetary contribution in-lieu of acquiring and installing a public art project on the property, as provided by the Dublin Municipal Code section 8.58.050D. The in-lieu contribution shall be as provided in the Dublin Municipal Code, Chapter 8.58. PL Issuance of Building Permit 17. Mitigation Monitoring Program. The Applicant/ Developer shall comply with The Kaiser Dublin Medical Center Final Environmental Impact Report (EIR) certified by City Council Resolution 16-16, including all mitigation measures, action programs, and implementation measures contained therein as applicable to Phase 1B. The EIR is on file with the Community Development Department. PL On-going 18. Noise/Nuisance. The Applicant/Developer shall control all business activity so as not to create a public or private nuisance to the existing and surrounding businesses and residents. No amplified sounds, loudspeakers or music shall be permitted outside the building. PL On-going PLANNING – LANDSCAPE CONDITIONS 19. Final landscape and irrigation system plans. A Final Landscape and Irrigation Plan prepared and stamped by a State licensed landscape architect or registered engineer shall be submitted for review and approval by the Community Development Director and shall comply with Section 8.72.030 of the Dublin Municipal Code. PL Approval of Final Landscape Plans 20. Water Efficient Landscaping Regulations. The Applicant shall meet all requirements of the City of Dublin's Water-Efficient Landscaping Regulations, Section 8.88 of the Dublin Municipal Code. PL Approval of Final Landscape Plans 21. Landscaping at Street/Drive Aisle Intersections. Landscaping shall not obstruct the sight distance of motorists, pedestrians or bicyclists. Except for trees, landscaping (and/or landscape structures such as walls) at drive aisle intersections shall not be taller than 30 inches above the curb. Landscaping shall be kept at a minimum height and fullness giving patrol officers and the general public surveillance capabilities of the area. PL Approval of Final Landscape Plans and Ongoing 22. Sustainable Landscape Practices. The landscape design shall demonstrate compliance with sustainable landscape practices as detailed in the Bay-Friendly Landscape Guidelines by earning 60 points or more and meeting the 9 required practices in the Bay-Friendly Landscape Scorecard. PL Approval of Final Landscape Plans 23. C.3 Stormwater Technical Guidance. The landscape design in the bio-retention C.3 SWQ treatment areas shall not conflict with the recommendations in the Alameda Stormwater Technical Guidance Handbook, October 3, 2017, Appendix B Plant List and Planting Guidance for Landscape-Based Stormwater Measures PL Approval of Final Landscape Plans 24. Plan Coordination. Civil Improvement Plans, Joint Trench Plans, Street Lighting Plans and Landscape Improvement Plans shall be submitted on the same size sheet and plotted at the same PL Approval of Final Landscape Plans 8 # CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: drawing scale for consistency, improved legibility and interdisciplinary coordination. 25. Maintenance of Landscape. 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 Director. PL On-going BUILDING CONDITIONS 26. Building Codes and Ordinances. All project construction shall conform to all building codes and ordinances in effect at the time of building permit. B Through Completion 27. Retaining Walls. All retaining walls over 30 inches in height and in a walkway shall be provided with guardrails. All retaining walls over 36 inches or with a surcharge shall obtain permits and inspections from the Building & Safety Division. B Through Completion 28. Phased Occupancy Plan. If occupancy is requested to occur in phases, then all physical improvements within each phase shall be required to be completed prior to occupancy of any buildings within that phase except for items specifically excluded in an approved Phased Occupancy Plan, or minor handwork items, approved by the Department of Community Development. The Phased Occupancy Plan shall be submitted to the Directors of Community Development and Public Works for review and approval a minimum of 60 days prior to the request for occupancy of any building covered by said Phased Occupancy Plan. Any phasing shall provide for adequate vehicular access to all parcels in each phase and shall substantially conform to the intent and purpose of the subdivision approval. No individual building shall be occupied until the adjoining area is finished, safe, accessible, and provided with all reasonable expected services and amenities, and separated from remaining additional construction activity. Subject to approval of the Director of Community Development, the completion of landscaping may be deferred due to inclement weather with the posting of a bond for the value of the deferred landscaping and associated improvements. B Prior to Occupancy of any Affected Building 29. Building Permits. To apply for building permits, Applicant/Developer shall submit five (5) sets of construction plans to the Building & Safety Division for plan check. Each set of plans shall have attached an annotated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. Applicant / Developer will be responsible for obtaining the approvals of all participation non-City agencies prior to the issuance of building permits. B Prior to Issuance of Building Permits 30. Construction Drawings. Construction plans shall be fully dimensioned (including building elevations) accurately drawn (depicting all existing and proposed conditions on site), and prepared and signed by a California licensed Architect or Engineer. All structural calculations shall be prepared and signed by a California licensed Architect or Engineer. The site plan, landscape plan and details shall be consistent with each other. B Issuance of Building Permits 9 # CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: 31. Air Conditioning Units. Air conditioning units and ventilation ducts shall be screened from public view with materials compatible to the main building and shall not be roof mounted. Units shall be permanently installed on concrete pads or other non-movable materials approved by the Chief Building Official and Director of Community Development. B Occupancy of Building 32. Temporary Fencing. Temporary Construction fencing shall be installed along the perimeter of all work under construction. B Through Completion 33. Addressing a) Provide a site plan with the City of Dublin’s address grid overlaid on the plans (1 to 30 scale). Highlight all exterior door openings on plans (front, rear, garage, etc.). 3 copies on full size sheets and 5 copies reduced sheets. See Address Application for addition information. b) Address signage shall be provided as per the Dublin Commercial Security Code. Address will be required on all doors leading to the exterior of the building. Addresses shall be illuminated and be able to be seen from the street, 4 inches in height minimum. B Prior to Release of Addresses Prior to Permitting Prior to Occupancy 34. Engineer Observation. The Engineer of record shall be retained to provide observation services for all components of the lateral and vertical design of the building, including nailing, hold-downs, straps, shear, roof diaphragm and structural frame of building. A written report shall be submitted to the City Inspector prior to scheduling the final frame inspection. B Prior to Scheduling the Final Frame Inspection 35. Foundation. Geotechnical Engineer for the soils report shall review and approve the foundation design. A letter shall be submitted to the Building Division on the approval. B Prior to Permit Issuance 36. CASp Reports. Applicant shall obtain the services of a Certified Access Specialist for the review of the construction drawings and inspections for the building interior and site exterior. A written report shall be submitted to the City prior to approval of the permit application. Additionally, a written report shall be submitted to the City Building Inspector prior to scheduling the final inspection. B Prior to Permitting and Occupancy 37. Solar Zone – CA Energy Code. Show the location of the Solar Zone on the site plan. Detail the orientation of the Solar Zone. B Through Completion 38. Parking. The required number of parking stalls, the design and location of the accessible parking stalls shall be as required by the CA Building Code. The design and number of clean air / EV ready stalls and bicycle long and short term stalls shall be as required by the CA Green Building Standards Code. B Through Completion 39. Accessory Structures. Building permits are required for all trash enclosures and associated amenities / structures and are required to meet the accessibility and building codes. B Through Completion 40. FEMA – Floodplain. The project is currently shown to be in a floodplain. The applicant shall submit either a letter of map amendment, letter of map change or letter of map revision prior to permitting. If the site has not been removed from the floodplain by a letter, then elevation certificates will be required at the correct stages. B Prior to Permitting 10 # CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: 41. Electronic File. The applicant/developer shall submit all building drawings and specifications for this project in an electronic format to the satisfaction of the Chief Building Official prior to the issuance of building permits. Additionally, all revisions made to the building plans during the project shall be incorporated into an “As Built” electronic file and submitted prior to the issuance of the final occupancy. B Prior to Occupancy FIRE PREVENTION 42. No fire service lines shall pass beneath buildings. F Approval of Improvement Plans 43. New Fire Sprinkler System & Monitoring Requirements. In accordance with The Dublin Fire Code, fire sprinklers shall be installed in the building. The system shall be in accordance with the NFPA 13, the CA Fire Code and CA Building Code. Plans and specifications showing detailed mechanical design, cut sheets, listing sheets and hydraulic calculations shall be submitted to the Fire Department for approval and permit prior to installation. This may be a deferred submittal. a) Sprinkler Plans. (Deferred Submittal Item). Submit detailed mechanical drawings of all sprinkler modifications, including cut sheets, listing sheets and calculations to the Fire Department for approval and permit prior to installation. b) All sprinkler system components shall remain in compliance with the applicable N.F.P.A. 13 Standard, the CA Fire Code and the CA Building Code. c) Underground Plans. (Deferred Submittal Item). Submit detailed shop drawings for the fire water supply system, including cut sheets, listing sheets and calculations to the Fire Department for approval and permit prior to installation. All underground and fire water supply system components shall be in compliance with the applicable N.F.P.A. 13, 24, 20, 22 Standards, the CA Fire Code and the CA Building Code. The system shall be hydrostatically tested and inspected prior to being covered. Prior to the system being connected to any fire protection system, a system flush shall be witnessed by the Fire Department. d) Central Station Monitoring. Automatic fire extinguishing systems installed within buildings shall have all control valves and flow devices electrically supervised and maintained by an approved central alarm station. Zoning and annunciation of central station alarm signals shall be submitted to the Fire Department for approval. e) Fire Protection Equipment shall be identified with approved signs constructed of durable materials, permanently installed and readily visible. F Permit issuance 44. Fire Access During Construction. a) Fire Access. Access roads, turnaround, pullouts, and fire operation areas are fire lanes and shall be maintained clear and free of obstructions, including the parking of vehicles. F During Construction 11 # CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: b) Entrances. Entrances to job sites shall not be blocked, including after hours, other than by approved gates/barriers that provide for emergency access. c) Site Utilities. Site utilities that would require the access road to be dug up or made impassible shall be installed prior to construction commencing. d) Entrance flare, angle of departure, width, turning radii, grades, turnaround, vertical clearances, road surface, bridges/crossings, gates/key-switch, within a 150-foot distance to Fire Lane shall be maintained. e) Personnel Access. Route width, slope, surface and obstructions must be considered for the approved route to furthermost portion of the exterior wall. f) All-weather access. Fire access is required to be all- weather access. Show on the plans the location of the all- weather access and a description of the construction. Access roads must be designed to support the imposed loads of fire apparatus. 45. Fire Extinguishers. Extinguishers shall be visible and unobstructed. Signage shall be provided to indicate fire extinguisher locations. The number and location of extinguishers shall be shown on the plans. Additional fire extinguishers maybe required by the fire inspector. a) Fire extinguisher shall meet a minimum classification of 2A 10BC. Extinguishers weighing 40 pounds or less shall be mounted no higher than 5 feet above the floor measured to the top of the extinguisher. Extinguishers shall be inspected monthly and serviced by a licensed concern annually. F Occupancy 46. FD Building Key Box. Building Access. A Fire Department Key Box shall be installed at the main entrance to the Building. Note these locations on the plans. The key box should be installed approximately 5 1/2 feet above grade. The box shall be sized to hold the master key to the facility as well as keys for rooms not accessible by the master key. Specialty keys, such as the fire alarm control box key and elevator control keys shall also be installed in the box. The key box door and necessary keys are to be provided to the fire inspector upon the final inspection. The inspector will then lock the keys into the box. F Occupancy 47. Means of Egress. Exit signs shall be visible and illuminated with emergency lighting when building is occupied. F Occupancy 48. Main Entrance Hardware Exception. It is recommended that all doors be provided with exit hardware that allows exiting from the egress side even when the door is in the locked condition. However, an exception for A-3, B, F, M, S occupancies and all churches does allow key-locking hardware (no thumb-turns) on the main exit when the main exit consists of a single door or pair of doors. When unlocked the single door or both leaves of a pair of doors must be free to swing without operation of any latching device. A readily visible, durable sign on or just above the door stating “This door to remain unlocked whenever the building shall be provided. The sign shall be in letters not less than 1 inch high on a contrasting F Occupancy 12 # CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: background. This use of this exception may be revoked for cause. 49. Maximum Occupant Load. Posting of room capacity is required for any occupant load of 50 or more persons. Submittal of a seating plan on 8.5” x 11” paper is required prior to final occupancy. F Occupancy 50. Interior Finish. Wall and ceiling interior finish material shall meet the requirements of Chapter 8 of the California Fire Code. Interior finishes will be field verified upon final inspection. If the product is not field marked and the marking visible for inspection, maintain the products cut-sheets and packaging that show proof of the products flammability and flame-spread ratings. Decorative materials shall be fire retardant. Occupancy 51. General Inspection. Upon inspection of the work for which this submittal was provided, a general inspection of the business and site will be conducted. F Occupancy 52. Addressing. Addressing shall be illuminated or in an illuminated area. The address characters shall be contrasting to their background. If address is placed on glass, the numbers shall be on the exterior of the glass and a contrasting background placed behind the numbers. Building Address. The building shall be provided with all addresses or the assigned address range so as to be clearly visible from either direction of travel on the street the address references. The address characters shall not be less than 5 inches in height by 1-inch stroke. Larger sizes may be necessary depending on the setbacks and visibility. Multi-Tenants. Where a building has multiple tenants, address shall also be provided near the main entrance door of each tenant space. The address shall be high enough on the building to be clearly visible from the driveway, street or parking area it faces even when vehicles are parked in front of the tenant space. The address shall not be less than 5-inches in height with a ½- inch stroke. F Occupancy 53. FIRE SAFETY DURING CONSTRUCTION AND DEMOLITION 1. Clearance to combustibles from temporary heating devices shall be maintained. Devices shall be fixed in place and protected from damage, dislodgement or overturning in accordance with the manufacturer’s instructions. 2. Smoking shall be prohibited except in approved areas. Signs shall be posted “NO SMOKING” in a conspicuous location in each structure or location in which smoking is prohibited. 3. Combustible debris, rubbish and waste material shall be removed from buildings at the end of each shift of work. Flammable and combustible liquid storage areas shall be maintained clear of combustible vegetation and waste materials. F Ongoing during construction and demolition 54. FIRE SPRINKLER MONITORING SYSTEM (NOT FIRE ALARM SYSTEM!) Alarm, supervisory and trouble signals shall be distinctly different and shall be automatically transmitted to an approved supervising station. One EXTERIOR approved audible device, F Ongoing, during construction and demolition 13 # CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: located on the exterior of the building in an approved location, shall be connected to each automatic sprinkler system. Such sprinkler water-flow devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Visible alarm notification appliances shall not be required except when required by California Fire Code section 907 DUBLIN SAN RAMON SERVICES DISTRICT 55. Complete improvement plans shall be submitted to DSRSD that conform to the requirements of the Dublin San Ramon Services District 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. DSRSD Issuance of any building permit 56. All mains shall be sized to provide sufficient capacity to accommodate future flow demands in addition to each development project's demand. Layout and sizing of mains shall be in conformance with DSRSD utility master planning. DSRSD Issuance of any building permit 57. Planning and review fees, inspection fees, and fees associated with a wastewater discharge permit shall be paid to DSRSD in accordance with the rates and schedules and at time of payment as established in the DSRSD Code. Planning and review fees are due after the 1st submittal of plans. Construction Permit and Inspection Fees are due prior to the issuance of a Construction Permit. Capacity Reserve Fees are due before the water meter can be set or the connection to the sewer system. DSRSD Issuance of any grading permit or a site development permit 58. All improvement plans for DSRSD facilities shall be signed by the District Engineer. Each drawing of improvement plans for DSRSD facilities shall contain a signature block for the District Engineer indicating approval of the sanitary sewer and/or water facilities shown. Prior to approval by the District Engineer, the applicant shall pay all required DSRSD fees, and provide an engineer’s estimate of construction costs for the sewer and water systems, a faithful performance bond, and a comprehensive general liability insurance policy in the amounts and forms that are acceptable to DSRSD. The applicant shall allow at least 15 working days for final improvement drawing review by DSRSD before signature by the District Engineer. DSRSD Issuance of any grading permit or a site development permit 59. All mains shall be sized to provide sufficient capacity to accommodate future flow demands in addition to each development project's demand. Layout and sizing of mains shall be in conformance with DSRSD utility master planning. DSRSD Approval by the City of a grading permit or a site development permit 60. The locations and widths of all proposed easement dedications for water and sewer lines shall be submitted to and approved by DSRSD. DSRSD Approval by the City of a grading permit or a site development permit 61. Water and sewer mains shall be located in public streets rather than in off-street locations to the fullest extent possible. If unavoidable, then sewer or water easements must be DSRSD Issuance of any building permit 14 # CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: established over the alignment of each sewer or water main in an off-street or private street location to provide access for future maintenance and/or replacement. 62. Domestic and fire protection waterline systems for Tracts or Commercial Developments shall be designed to be looped or interconnected to avoid dead end sections in accordance with requirements of the DSRSD Standard Specifications and sound engineering practice. DSRSD Approval by the City of a grading permit or a site development permit 63. Sewers shall be designed to operate by gravity flow to DSRSD’s existing sanitary sewer system. Pumping of sewage is discouraged and may only be allowed under extreme circumstances following a case by case review with DSRSD staff. Any pumping station will require specific review and approval by DSRSD of preliminary design reports, design criteria, and final plans and specifications. The DSRSD reserves the right to require payment of present worth 30year operations and maintenance costs as well as other conditions within a separate agreement with the applicant for any project that requires a pumping station. DSRSD Approval by the City of a grading permit or a site development permit 64. This project will be analyzed by DSRSD to determine if it represents additional water and/or sewer capacity demands on the District. Applicant will be required to pay all incremental capacity reserve fees for water and sewer services as required by the project demands. All capacity reserve fees must be paid prior to installation of a water meter for water. If a water meter is not DSRSD Approval by the City of a grading permit or a site development permit 65. No sewer line or waterline 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 No. 57 has been satisfied. DSRSD Approval by the City of a grading permit or a site development permit 66. Above ground backflow prevention devices/double detector check valves shall be installed on fire protection systems connected to the DSRSD water main. The applicant shall collaborate with the Fire Department and with DSRSD to size and configure its fire system. DSRSD Approval by the City of a grading permit or a site development permit 67. Recycled water is proposed for use on this project, and shall be used if available. However, if available recycled water supplies are insufficient to meet the irrigation demands for the Proposed Project, the irrigation demands for the Proposed Project may be met with potable water. Upon the District’s determination that sufficient supply of recycled water is available at the time of planned connection and the connection is technologically and financially reasonable, the project shall use recycled water for irrigation of large landscape areas. DSRSD Approval by the City of a grading permit or a site development permit 68. Development plans will not be approved until landscape plans are submitted and approved. DSRSD Approval by the City of a grading 15 # CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: permit or a site development permit 69. Improvement plans shall include recycled water improvements as required by DSRSD. Services for landscape irrigation shall connect to recycled water mains. Applicant must obtain a copy of the DSRSD Recycled Water Use Guidelines and conform to the requirements therein. Availability of Recycled Water to be determined by District. DSRSD Approval by the City of a grading permit or a site development permit 70. Each parcel within the area formerly referred to as “Kaiser Commercial Parcel – Phase 1B” shall be serviced by separate connection to DSRSD potable water and wastewater mains per DSRSD Code. DSRSD Approval by the City of a grading permit or a site development permit PUBLIC WORKS GENERAL CONDITIONS 71. Conditions of Approval. Developer shall comply with the City of Dublin Public Works Standard Conditions of Approval contained below (“Standard Condition”) unless specifically modified by Project Specific Conditions of Approval below. PW On-going 72. Compliance. Developer shall comply with the City of Dublin Zoning Ordinances, City of Dublin Title 7 Public Works Ordinance, which includes the Grading Ordinance, the City of Dublin Public Works Standards and Policies, the most current requirements of the State Code Title 24 and the Americans with Disabilities Act with regard to accessibility, and all building and fire codes and ordinances in effect at the time of building permit. PW On-going 73. Clarifications and Changes to the Conditions. In the event that there needs to be clarification to these Conditions of Approval, the City Engineer has the authority to clarify the intent of these Conditions of Approval to the Developer without going to a public hearing. The City Engineer also has the authority to make minor modifications to these conditions without going to a public hearing in order for the Developer to fulfill needed improvements or mitigations resulting from impacts of this project. PW On-going 74. Hold Harmless/Indemnification. The Applicant/Developer shall defend, indemnify, and hold harmless the City of Dublin and its agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zone Administrator, or any other department , committee, or agency of the City to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law: provided, however, that the Applicant/Developer’s duty to so defend, indemnify, and hold harmless shall be submitted to the City’s promptly notifying or proceeding and the City’s full cooperation in the defense of such actions or proceedings. PW On-going 75. Fees. The Applicant shall pay all applicable fees in effect at the time of building permit issuance, including, but not limited to: Planning fees; Building fees; Dublin San Ramon Services District Various Depart ments Grading Permit or Building Permit Issuance 16 fees; Public Facilities fees; City of Dublin Fire fees; Noise Mitigation fees; Inclusionary House In-Lieu fees; Alameda County Flood and Water Conservation fees; Traffic Impact Fees or other development impact fees required by the City of Dublin. 76. Zone 7 Impervious Surface Fees. The Applicant shall complete a “Zone 7 Impervious Surface Fee Application” and submit an accompanying exhibit for review by the Public Works Department. Fees generated by this application will be due at issuance of Building Permit. PW Grading Permit or Building Permit Issuance PUBLIC WORKS – AGREEMENTS AND BONDS 77. Security. Developer shall provide faithful performance security to guarantee the improvements, as determined by the City Engineer (Note: The performance security shall remain in effect until one year after final inspection). PW Grading Permit Issuance 78. Storm Water Treatment Measures Maintenance Agreement. Developer shall enter into an Agreement with the City of Dublin that guarantees the property owner’s perpetual maintenance obligation for all stormwater treatment measures and trash capture devices installed as part of the project. Said Agreement is required pursuant to the Municipal Regional Stormwater NPDES Permit, Order No. R2-20015-0049. Said permit requires the City to provide verification and assurance that all treatment devices will be properly operated and maintained. The Agreement shall be recorded against the property and shall run with the land. PW Grading Permit Issuance PUBLIC WORKS – PERMITS 79. Grading Permit. Developer shall obtain a Grading Permit from the Public Works Department for all grading. PW Start of Work PUBLIC WORKS - SUBMITTALS 80. All submittals of plans shall comply with the requirements of the “City of Dublin Public Works Department Improvement Plan Submittal Requirements”, the “City of Dublin Improvement Plan Review Check List,” and current Public Works and industry standards. A complete submittal of improvement plans shall include all civil improvements, joint trench, street lighting and on- site safety lighting, landscape plans, and all associated documents as required. The Developer shall not piecemeal the submittal by submitting various components separately. PW Grading Permit Issuance 81. Developer will be responsible for submittals and reviews to obtain the approvals of all participating non-City agencies. The Alameda County Fire Department and the Dublin San Ramon Services District shall approve and sign the Improvement Plans. PW Grading Permit Issuance 82. Composite Exhibit. Construction plan set shall include a Composite Exhibit showing all site improvements, utilities, landscaping improvements and trees, etc. to be constructed to ensure that there are no conflicts among the proposed and existing improvements. PW Grading Permit Issuance 83. Geotechnical Report. Developer shall submit a Design Level Geotechnical Report, which includes but are not limited to grading recommendations. PW Grading Permit Issuance 84. Geotechnical Engineer Review and Approval. The Project Geotechnical Engineer shall be retained to review all final grading plans and specifications. The Project Geotechnical Engineer shall approve all grading plans prior to City approval. PW Grading Permit Issuance 85. Building Pads, Slopes and Walls. Developer shall provide the Public Works Department with a letter from a registered civil PW Acceptance of Improvements 17 engineer or surveyor stating that the building pads have been graded to within 0.1 feet of the grades shown on the approved Grading Plans, and that the top & toe of banks and retaining walls are at the locations shown on the approved Grading Plans. 86. Hydrology and Hydraulic Calculations. Hydrology and Hydraulic calculations for the entire parcel including undeveloped areas shall be submitted for approval to the City Engineer. Alameda County published an updated version of the Alameda County Hydrology & Hydraulics Manual. The H&H Manual includes updates to calculating runoff and should be used as the basis for your hydrology and hydraulics design of flood control facilities in Alameda County. The manual is available for download at: acfloodcontrol.org/hh-manual PW Grading Permit Issuance 87. Site Grading adjacent to Buildings. The ground immediately adjacent to the foundation shall be sloped away from the building at a slope required by the California Building Code. PW Grading Permit Issuance 88. Approved Plan Files. Developer shall provide the Public Works Department a PDF format file of approved site plans, including grading, improvement, landscaping & irrigation, joint trench and lighting. PW Grading Permit Issuance 89. Master Files. Developer shall provide the Public Works Department a digital vectorized file of the “master” files for the project, in a format acceptable to the City Engineer. Digital raster copies are not acceptable. The digital vectorized files shall be in AutoCAD 14 or higher drawing format. All objects and entities in layers shall be colored by layer and named in English. All submitted drawings shall use the Global Coordinate System of USA, California, NAD 83 California State Plane, Zone III, and U.S. foot. PW Acceptance of Improvements 90. G-3 Culvert. The Developer shall obtain a letter from a licensed Structural Engineer registered in the State of California certifying that the G-3 culvert has been designed to withstand the loading of the proposed use and improvements over the culvert. PW Grading Permit Issuance 91. Lighting. The Developer shall prepare a photometric plan for the site lighting to demonstrate that the minimum 1.0 foot candle lighting level is provided in accordance with the City of Dublin’s requirements, or as otherwise approved by the City Engineer. The photometric plan shall show lighting levels which take into consideration poles, low walls and other obstructions. Exterior lighting shall be provided within the surface parking lots and on buildings 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. The parking lot lights shall be designed to eliminate any pockets of high and low illuminated areas. Parking lot light standards and foundations are considered structures and shall be located outside of any easement. PW Issuance of Building Permit 92. Visibility Triangle. All improvements within the sight visibility triangle at all intersections, including but not limited to walls and landscaping, shall be a maximum height of 30” from the roadway surface elevation at the nearest lane. PW Issuance of Building Permit PUBLIC WORKS - EASEMENTS AND ACCESS RIGHTS 93. Emergency Vehicle Access Easements. The Developer shall dedicate Emergency Vehicle Access Easements (EVAE) over the clear pavement width of all drive aisles as required by the Alameda County Fire Department and City Engineer. PW Grading Permit Issuance 18 PUBLIC WORKS - GRADING 94. Grading Plan. The Grading Plan shall be in conformance with the recommendation of the Geotechnical Report, the approved Tentative Map and Site Development Review, and the City design standards & ordinances. In case of conflict between the soil engineer’s recommendation and the City ordinances, the City Engineer shall determine which shall apply. PW Grading Permit Issuance 95. Erosion Control Plan. A detailed Erosion and Sediment Control Plan shall be included with the Grading Plan submittal. The plan shall include detailed design, location, and maintenance criteria of all erosion and sedimentation control measures. PW Grading Permit Issuance PUBLIC WORKS - IMPROVEMENTS 96. Water and Sewer Facilities. Developer shall construct all potable and recycled water and sanitary sewer facilities required to serve the project in accordance with DSRSD master plans, standards, specifications and requirements. PW Certificate of Occupancy or Acceptance of Improvements 97. Fire Hydrants. Fire hydrant locations shall be approved by the Alameda County Fire Department. A raised reflector blue traffic marker shall be installed in the street opposite each hydrant. PW Certificate of Occupancy or Acceptance of Improvements 98. Storm Drain Inlet Markers. All on-site storm drain inlets must be marked with storm drain markers that read: “No dumping, drains to creek.” The stencils may be purchased from the Public Work Department. PW Certificate of Occupancy or Acceptance of Improvements 99. Utilities. Developer shall construct gas, electric, telephone, cable TV, and communication improvements within the fronting streets and as necessary to serve the project and the future adjacent parcels as approved by the City Engineer and the various Public Utility agencies. PW Certificate of Occupancy or Acceptance of Improvements 100. Utility Locations. All electric, telephone, cable TV, and communications utilities, shall be placed underground in accordance with the City policies and ordinances. All utilities shall be located and provided within public utility easements or public services easements and sized to meet utility company standards. PW Certificate of Occupancy or Acceptance of Improvements 101. Utility Vaults and Boxes. All utility vaults, boxes, and structures, unless specifically approved otherwise by the City Engineer, shall be underground and placed in landscaped areas and screened from public view. Prior to Joint Trench Plan approval, landscape drawings shall be submitted to the City showing the location of all utility vaults, boxes, and structures and adjacent landscape features and plantings. The Joint Trench Plans shall be signed by the City Engineer prior to construction of the joint trench improvements. PW Certificate of Occupancy or Acceptance of Improvements 102. Surface Slopes. Pavement surface slopes in parking lots and drive aisles shall be a minimum of 0.5% and a maximum of 5% (unless otherwise required at parking spaces for the disabled and at ramps at the parking structure and loading dock). Exceptions may be considered by the City Engineer to account for unusual design conditions. PW Grading Permit Issuance 103. Rights-of-Entry. The Developer shall acquire easements, and/or obtain rights-of-entry from the adjacent property owners for any improvements on their property. The easements and/or rights-of-entry shall be in writing and copies shall be furnished to the City Engineer. PW Grading Permit Issuance 19 104. Public Litter Cans. Public litter cans are required on site and on the trail to meet Dublin Municipal Code 7.98.120. Cigarette butt receptacles and appropriate signage are required to be placed on -site for public and employee use. PW Grading Permit Issuance 105. Structures located within the Special Flood Hazard Area. Any structures that will be built in the floodplain shall be designed in accordance with Chapter 7.24 “Flood Control” of the City of Dublin Municipal Code. Any existing drainage structures in the floodplain shall be protected in place unless otherwise approved by the City Engineer. Building Permit Issuance 106. Highway Right-of-Way. Developer shall ensure that buildings, structures and other permanent improvements are not constructed within the existing 20’ highway right-of-way located at the southerly portion of the parcel Any improvements constructed within the existing 20’ highway right-of-way is subject to removal and replacement at the expense of the property owner. Grading Permit Issuance 107. Pedestrian Access and Sidewalk Easement. The Developer shall provide an accessible pedestrian path with a minimum width of five feet (5’) from the nearest public street, Dublin Blvd., to building running parallel along the easterly property line (i.e. along the private street, Keegan Street) to the southern property line or along an alternate alignment as approved by the City Engineer and in accordance with current Public Works and Building Code requirements. PW Grading Permit Issuance 108. Striping Plan. A Traffic Signing and Striping Plan showing all existing and proposed signing and striping within public streets, on-site private streets, parking lots and drive aisles shall be submitted for review and approval by the City Engineer. PW Issuance of Building Permit 109. Project signs. All proposed project signs or monument signs shall be placed on private property and located outside of any easement areas unless specifically approved by the City Engineer. Any signage located in an easement is subject to removal and replacement at the expense of the property owner if required by the easement holder. PW Issuance of Building Permit 110. Vehicle Parking. All on-site vehicle parking spaces shall conform to the following: a. All parking spaces shall be double striped using 4” white lines set 2 feet apart in accordance with City Standards and DMC 8.76.070.A.17. b. 12”-wide concrete step-out curbs shall be constructed at each parking space where one or both sides abut a landscaped area or planter. c. Where wheel stops are shown, individual 6’ long wheel stops shall be provided within each parking space in accordance with City Standards. d. A minimum 2’ radius shall be provided at curb returns and curb intersections where applicable. e. Parking stalls next to walls, fences and obstructions to vehicle door opening (including those in the parking structure) shall be an additional 4’ in width per DMC 8.76.070.A.16. PW Issuance of Building Permit 20 f. Landscaped strips adjacent to parking stalls shall be unobstructed in order to allow for a minimum 2-foot vehicular overhang at front of vehicles. PUBLIC WORKS - CONSTRUCTION 111. Erosion Control Implementation. The Erosion and Sediment Control Plan shall be implemented between October 1st and April 30th unless otherwise allowed in writing by the City Engineer. The Developer will be responsible for maintaining erosion and sediment control measures for one year following the City’s acceptance of the improvements. PW On-going as needed 112. Archaeological Finds. If archaeological materials are encountered during construction, construction within 100 feet of these materials shall be halted until a professional Archaeologist who is certified by the Society of California Archaeology (SCA) or the Society of Professional Archaeology (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation measures. PW On-going as needed 113. Construction Activities. Construction activities, including the idling, maintenance, and warming up of equipment, shall be limited to Monday through Friday, and non-City holidays, between the hours of 7:30 a.m. and 5:30 p.m. except as otherwise approved by the City Engineer. Extended hours or Saturday work will be considered by the City Engineer on a case- by-case basis. Note that the construction hours of operation within the public right of way are more restrictive. PW On-going as needed 114. Temporary Fencing. Temporary Construction fencing shall be installed along the perimeter of all work under construction to separate the construction operation from the public. All construction activities shall be confined within the fenced area. Construction materials and/or equipment shall not be operated or stored outside of the fenced area or within the public right-of- way unless approved in advance by the City Engineer. PW Start of Construction and On-going 115. Construction Noise Management Plan. Developer shall prepare a construction noise management plan that identifies measures to be taken to minimize construction noise on surrounding developed properties. The plan shall include hours of construction operation, use of mufflers on construction equipment, speed limit for construction traffic, haul routes and identify a noise monitor. Specific noise management measures shall be provided prior to project construction. PW Start of Construction Implementation, and On-going as needed 116. Traffic Control Plan. Closing of any existing pedestrian pathway and/or sidewalk during construction shall be implemented through a City approved Traffic Control Plan and shall be done with the goal of minimizing the impact on pedestrian circulation. PW Start of Construction and On-going as needed 117. Construction Traffic Interface Plan. Developer shall prepare a plan for construction traffic interface with public traffic on any existing public street. Construction traffic and parking may be subject to specific requirements by the City Engineer. PW Start of Construction; Implementation, and On-going as needed 118. Pest Control. Developer shall be responsible for controlling any rodent, mosquito, or other pest problem due to construction activities. PW On-going 21 119. Grading Off-Haul. The disposal site and haul truck route for any off-haul dirt materials shall be subject to the review and approval by the City Engineer prior to the issuance of a Grading Permit. If the Developer does not own the parcel which the proposed disposal site is located, the Developer shall provide the City with a Letter of Consent signed by the current owner, approving the placement off-haul material on their parcel. A Grading Plan may be required for the placement of the off-haul material. PW Start of Construction; Implementation, and On-going as needed 120. Dust Control Measures. Developer shall be responsible for watering or other dust-palliative measures to control dust as conditions warrant or as directed by the City Engineer. PW Start of Construction; Implementation On-going as needed 121. Lighting Inspection. Prior to Occupancy, the Applicant shall request an inspection of the lighting levels throughout the site to determine if lighting is sufficient. If additional lights are required to be installed to meet the 1.0 foot-candle requirement, or for other safety or operational reasons, the Applicant shall do so prior to Occupancy. PW Occupancy 122. Construction Traffic and Parking. All construction related parking shall be off the public street. PW On-going PUBLIC WORKS - NPDES 123. NOI and SWPPP. Prior to any clearing or grading, Developer shall provide the City evidence that a Notice of Intent (NOI) has been sent to the California State Water Resources Control Board per the requirements of the NPDES. A copy of the Storm Water Pollution Prevention Plan (SWPPP) shall be provided to the Public Works Department and be kept at the construction site. PW Start of Any Construction Activities 124. SWPPP. The Storm Water Pollution Prevention Plan (SWPPP) shall identify the Best Management Practices (BMPs) appropriate to the project construction activities. The SWPPP shall include the erosion and sediment control measures in accordance with the regulations outlined in the most current version of the ABAG Erosion and Sediment Control Handbook or State Construction Best Management Practices Handbook. The Developer is responsible for ensuring that all contractors implement all storm water pollution prevention measures in the SWPPP. PW SWPPP to be Prepared Prior to Approval of Improvement Plans; Implementation Prior to Start of Construction and On-going as needed 125. Stormwater Source Control. All applicable structural and operational stormwater source controls shall be implemented. PW Certificate of Occupancy or Acceptance of Improvements 126. Stormwater Management Measures and Trash Capture Devices Geospatial Information. Prior to project acceptance, the developer must provide the City with a geospatial layer compatible with the City’s GIS system locating each stormwater management measure and trash capture device. PW Certificate of Occupancy or Acceptance of Improvements 127. Trash Capture. Specific information is required on the construction plan set demonstrating how MRP Provision C.10 (trash capture) requirements are met. Trash capture devices to be used shall be approved by both the San Francisco Bay Regional Water Quality Control Board and the Mosquito Abatement District. Details and cutsheet shall be shown on the plans. PW Grading Permit Issuance 128. Waste Enclosures. Developer shall coordinate the waste enclosure locations and sizes with the City to ensure adequate PW Grading Permit Issuance 22 capacity and access by the City franchised waste hauler Waste enclosures shall meet all requirements set forth in the Dublin Municipal Code (DMC), Chapter 7.98, the Fire Code, and in the Solid Waste Requirements, Waste Handling Standards, and Waste Enclosure Requirements Checklist on the City’s website at the following link: http://www.ci.dublin.ca.us/1932/Development-Resources PUBLIC WORKS - SPECIAL CONDITIONS 129. Bicycle Parking. Developer shall install the bike lockers and bike racks in accordance with California Green Building Standards Code requirements. Locations of the bicycle parking shall be subject to the review and approval of the City Engineer. PW Issuance of Building Permit PASSED, APPROVED, AND ADOPTED this 16th day of April, 2019 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: ______________________________ City Clerk NISSAN DEALERSHIP KAISER COMMERCIAL Site Development Review Prepared By: Gates & Associates Architecture Solution Group MacKay & Somps Prepared For: Dublin Real Estate LLC March 5, 2019 PARCEL 4 NISSAN DEALERSHIP KEEGAN ST24'MIN20'9'9'18'18'9'10'36'9'24'24'20'20'13'13'9.52'26'36'24' 28.65' 31.49'71'46.58' 28' 30' R2 4 ' R1 8 ' R18' 28.75' 28'11.5'5'6'38'9'15.21'CONNECTION TO EXISTING WATER QUALITY BASIN OUTLOOK TRAIL/MAINTENANCE ROAD 9'20'8' 46.75'20'38'9'20'20'9'38'9' 18'9'23.42' EXISTING ENTRY TO BE IMPROVED AND USED FOR ACCESS5.58'24'MIN24'MIN38'20'18'9'7.83' EXISTING ENTRY TO BE IMPROVED AND USED AS ACCESS ONTO ADJACENT PARCEL TO KEEGAN ST(PRIVATE) LOCATION OF FUTURE SIDWALK PARALLEL TO KEEGAN ST (PRIVATE) TO BE COORDINATED WITH ADJACENT KAISER MEDICAL DEVELOPMENT R1 0 . 2 5 'R20'R12'R 2 5 '26'4'24'MINRNISSAN DUBLINKEEGAN ST DUBLIN, CADIMENSIONEDSITE PLANC.1 SITE SUMMARY SERVICE AREA: 2.61± AC DISPLAY AREA: 1.69± AC INVENTORY STORAGE AREA: 1.09± AC TOTAL AUTO DEALERSHIP SITE AREA: 5.39± AC TOTAL PHASE 1B AREA OF KAISER STAGE I PD: 14.89± ACRES NOTE: 1. WIDTH OF DRIVE ISLES AND LANDSCAPE ISLANDS TO BE ADJUSTED DURING FINAL DESIGN 2. WHEEL STOPS WILL BE ADDED AS NEEDED DURING FINAL DESIGN PARCEL 4 KEEGAN STCONNECTION TO EXISTING WATER QUALITY BASIN OUTLOOK TRAIL EXISTING ENTRY TO BE IMPROVED AND USED FOR ACCESS DEALERSHIPOUTDOOR DISPLAY/ STORAGE AREA EXISTING ENTRY TO BE IMPROVED AND USED AS ACCESS ONTO ADJACENT PARCEL TO KEEGAN ST(PRIVATE) OUTDOOR DISPLAY/ STORAGE AREA RNISSAN DUBLINKEEGAN ST DUBLIN, CASITE AREAPLANC.8 SITE SUMMARY DEALERSHIP AREA: 2.61± AC OUTDOOR DISPLAY/STORAGE AREA: 2.78± AC TOTAL AUTO DEALERSHIP SITE AREA: 5.39± AC TOTAL PHASE 1B AREA OF KAISER STAGE I PD: 14.89± ACRES Lagerstroemia muskogee Muskogee Crape Myrtle Lagerstroemia natchez Natchez Crape Myrtle Quercus virginiana Southern Live Oak Ulmus parvifolia Chinese Elm LEGEND INTERSTATE 580 KEEGAN STREETPROPERTY LINE* Location of future sidewalk parallel to Keegan St to be coordinated with adjacent Kaiser Medical development L1.1STREET TREE PLAN0’ 25’ 50’100’ INTERSTATE 580 KEEGAN STREET6’ Ornamental Metal Fence Bike parking, S.A.D. Receptacle, S.A.D. LEGEND PROPERTY LINE* Location of future sidewalk parallel to Keegan St to be coordinated with adjacent Kaiser Medical development L1.2FENCING AND LIGHTING PLAN0’ 25’ 50’100’ Bollards Pole Light 6’ HT ORNAMENTAL METAL FENCE 6’-0”L1.3SITE ELEMENTSFENCINGPAVING LIGHTING MULCH BOLLARD LIGHT POLE LIGHT L1.4PLANT PALETTESHRUBS TREES Lagerstroemia muskogee Agave ‘Blue Glow’ Lomandra longifolia ‘Breeze’ Quercus virginiana Dietes grandiflora ‘Variegata’ Nandina domestica Ulmus parvifolia Juncus patens ‘Elk Blue’ Rhamnus californica Muskogee Crape Myrtle Agave Dwarf Mat Rush Southern Live Oak Striped Fortnight Lily Dwarf Heavenly Bamboo Chinese Elm Spreading Rush Coffeeberry TREES BOTANICAL NAME COMMON NAME SIZE WATER USE LM Lagerstroemia muskogee Muskogee Crape Myrtle 24”BOX L LN Lagerstroemia natchez Natchez Crepe Myrtle 24”BOX L QV Quercus virginiana Southern Live Oak 24”BOX L UP Ulmus parvifolia Chinese Elm 24”BOX M SHRUBS BOTANICAL NAME COMMON NAME SIZE WATER USE AV Agave ‘Blue Glow’ Agave 1 GAL L CA Calamagrostis ‘Karl Forester” Feather Reed Grass 5 GAL M CF Carex flacca ‘Blue Zinger ’ Blue Sedge 1 GAL M CP Coleonema pulchrum Golden Breath of Heaven 5 GAL M CK Coprosma kirkii ‘Verde Vista’ Prostate Mirror Plant 1 GAL L DV Dietes grandiflora ‘Variegata’ Striped Fortnight Lily 5/15 GAL L EG Euonymus ‘Golden Prince’ NCN 15 GAL L FM Festuca Mairei Atlas Fescue 1 GAL L LA Lavendula angustifolia English Lavender 1 GAL L LC Leymus condensatus Wild Rye 1 GAL L LL Lomandra longifolia ‘Breeze’ Dwarf Mat Rush 1 GAL L MC Myrtus communis Common Myrtle 5 GAL L NA Nandina domestica Dwarf Heavenly Bamboo 5 GAL L TF Teucrium fruticans ‘Compacta’ Bush Germander 5 GAL L RH Rhaphiolepis indica Indian Hawthorn 1 GAL L RC Rosa ‘Carpet Rose’ Carpet Rose 1 GAL M STORMWATER TREATMENT PLANTS JP Juncus patens ‘Elk Blue’ Spreading Rush 1 GAL M RC Rhamnus californica Coffeeberry 1 GAL L Notes: 1. 15 feet separate between street trees and street lights 2. 5 feet separation between street trees and fire hydrant 3. The plant water use will conform to the WUCOLS IV, Region 2, estimated water use. 4. Planting Plan shall comply with C.3 Stormwater Technical Guidance October 31, 2017 Appendix B Plant List and Planting Guidance for Landscape-Based Stormwater Measures UTILITY SCREENING Notes: 1. Shrubs adjacent to utilities shall be evergreen LOW WATER USE MODERATE WATER USE BACKFLOW AND WATER METER LEGEND 1.) MAWA = (ETo) (0.62)[(0.6x LA) + (0.4 x SLA)] Where: A.)Annual Eto =46.20 B.)Adjusted Landscape Area Calculation 23877 x 0.6 =14326.2 (Landscaped Area)Adjustment Factor x 0.4 =0 (Special Landscaped Area)Adjustment Factor Sum of Adjusted Landscape Area =14326.2 MAWA =46.20 x 0.62 x =410360 gallons 2.) A.)Annual Eto Annual ETo =46.20 B.)Adjusted Landscape Area Calculation 13327 x 0.3 =3998.1 (Low water use plant sqft) 10550 x 0.6 =6330 (Moderate water use plant sqft) 0 x 1.0 =0 (High water use plant sqft) Sum of Adjusted Landscape Area =10,328 ETWU =46.20 x 0.62 x 10,328 0.81 =365232 gallons Irrigation Efficiency Factor 0-25%0.71 26-50%0.75 51-75%0.80 76-100%0.85 NISSAN, DUBLIN CA SLA = Portion of the landscape area identified as Special Landscape Area (square feet) 14326.2 Maximum Applied Water Allowance Attachment A 0.4 = the additional ET adjustment factor for Special Landscape Area (1.0 - 0.6 = 0.4) Percent of total landscape Irrigated with Drip Maximum Applied Water Allowance (MAWA) Estimated Total Water Use (ETWU) 0.6 = ET Adjustment Factor LA = Landscaped Area (square feet) ETo = Annual Net Reference Evapotranspiration (inches) The following calculations will help you determine your site specific water budget and establish a planting mix that will allow you to meet your water budget. Your Estimated Total Water Use must be less than your Maximum Applied Water Allowance. 0.62 = Conversion factor (to gallons per square foot) L1.5HYDROZONE PLAN0’ 50’ 100’200’ Notes: 1. Water Supply type: recycle 2. Conceptual irrigation design static pressure at point of connection: 70 PSI HYDROZONE PLAN CONCEPTUAL WATER CALCULATION RESOLUTION NO. 19-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING THE ZONING MAP AND APPROVING A PLANNED DEVELOPMENT ZONING DISTRICT WITH A STAGE 1 AND 2 DEVELOPMENT PLAN FOR THE KAISER COMMERCIAL PROJECT PLPA 2019-00003 (APN 985-0027-019) WHEREAS, the Applicant, Jessie Dosanjh, submitted an application to construct a new 31,840+ square foot Nissan dealership on the southern portion of the approximately 14.89-acre site. The applications include a Planned Development Zoning Stage 1 and 2 Development Plan and Site Development Review Permit. The proposed development and applications are collectively known as the “Project”; and WHEREAS, the project site is located within Planned Development Zoning District (Ordinance 07-16) for which a Stage 1 Planned Development Plan was approved for the subject site identified as Phase 1B; and WHEREAS, on September 20, 2016, the City Council certified the Kaiser Dublin Medical Center Project EIR which included the subject site identified as Phase 1B. Upon approval of the Kaiser Dublin Medical Center EIR, the City Council adopted mitigations, a mitigation monitoring program and a Statement of Overriding Considerations (Resolution 153-16, incorporated herein by reference); and WHEREAS, the implementation of the development project requires an amendment to the Planned Development Zoning Stage 1 Development Plan and approval of a Stage 2 Development Plan; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) Guidelines section 15168(c)(2), the project was examined to determine if another environmental document should be prepared. The analysis concluded that the environmental impacts of the Project were analyzed in the Kaiser Dublin Medical Center EIR. There is no substantial evidence in the record that any new effects would occur, that any new mitigation measures would be required, or that any of the conditions triggering supplemental environmental review under CEQA Guidelines section 15162 exists; and WHEREAS, the Planning Commission held a properly noticed public hearing on the Planned Development Rezone on March 26, 2019 at which time all interested parties had the opportunity to be heard; and WHEREAS, a Staff Report was submitted recommending that the Planning Commission adopt a Resolution recommending that the City Council adopt an Ordinance approving the Planned Development Zoning Stage 1 and 2 Development Plan for the Kaiser Commercial Project site; and NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this resolution. BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby recommend that the City Council adopt an Ordinance (Attached as Exhibit A) approving the Planned Development Zoning District Stage 1 and 2 Development Plan, based on findings, including but not limited to, that the Planned Development zoning and project as a whole is consistent and in conformance with the General Plan and Eastern Dublin Specific Plan, is consistent with the purpose and intent of the Planned Development Zoning District, and that development of the proposed project will be harmonious and compatible with existing and future development in the surrounding area. PASSED, APPROVED, AND ADOPTED this 26th day of March 2019 by the following vote: AYES: Thalblum, Kothari, Wright, Benson NOES: ABSENT: ABSTAIN: Mittan ______________________________ Planning Commission Chair ATTEST: ______________________________ Community Development Director RESOLUTION NO. 19 – 02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION APPROVING A SITE DEVELOPMENT REVIEW PERMIT FOR THE KAISER COMMERCIAL - NISSAN PROJECT PLPA 2019-00003 (APN 985-0027-019) WHEREAS, the Applicant, Jessie Dosanjh, submitted an application to construct a new 31,840+ square foot Nissan dealership on the southern portion of the approximately 14.89-acre site. The applications include a Planned Development Zoning Stage 1 and 2 Development Plan and Site Development Review Permit. The proposed development and applications are collectively known as the “Project”; and WHEREAS, the project site is located within a Planned Development Zoning District; and WHEREAS, the Project Plans illustrate the site layout and building elevations for approximately 31,840 square foot automobile sales and service building, which are permitted by Planned Development Zoning District, the Eastern Dublin Specific Plan and General Plan; and WHEREAS, the Site Development Review Permit application collectively defines this “Project” and is available and on file in the Community Development Department; and WHEREAS, the California Environmental Quality Act (CEQA), together with State Guidelines and Dublin’s CEQA Guidelines require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS on September 20, 2016, the City Council certified the Kaiser Dublin Medical Center Project EIR which included the subject site identified as Phase 1B. Upon approval of the Kaiser Dublin Medical Center EIR, the City Council adopted mitigations, a mitigation monitoring program and a Statement of Overriding Considerations (Resolution 153-16, incorporated herein by reference); and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) Guidelines section 15168(c)(2), the project was examined to determine if another environmental document should be prepared. The analysis concluded that the environmental impacts of the Project were analyzed in the Kaiser Dublin Medical Center EIR. There is no substantial evidence in the record that any new effects would occur, that any new mitigation measures would be required, or that any of the conditions triggering supplemental environmental review under CEQA Guidelines section 15162 exists; and WHEREAS, a Staff Report for the Planning Commission, dated March 26, 2019 and incorporated herein by reference, described and analyzed the Project, including the Site Development Review Permit and furthermore, on March 26, 2019, the Planning Commission held a properly noticed public hearing on the Project, including the proposed Site Development Review Permit, at which time all interested parties had the opportunity to be heard; and 2 WHEREAS, on March 26, 2019, the Planning Commission adopted Resolution 19-01 recommending that the City Council approve the proposed Planned Development Rezone with a Stage 1 and 2 Development Plan related to the Project, which resolution is incorporated herein by reference and available for review at City Hall during normal business hours; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Dublin, based on the findings and conditions of approval in the attached Resolution, recommends that the City Council adopt the Resolution attached as Exhibit A, which Resolution approves a Site Development Review Permit for the Kaiser Commercial-Nissan Project. PASSED, APPROVED AND ADOPTED this 26th day of March 2016 by the following vote: AYES: Thalblum, Kothari, Wright, Benson NOES: ABSENT: ABSTAIN: Mittan Planning Commission Chair ATTEST: Community Development Director PLANNING COMMISSION MINUTES Tuesday, March 26, 2019 Planning Commission March 26, 2019 Regular Meeting P a g e | 1 A Regular Meeting of the Dublin Planning Commission was held on Tuesday, March 26, 2019, in the Planning Commission Council Chamber. The meeting was called to order at 7:00 PM, by Commission Chair Wright. 1. Call to Order and Pledge of Allegiance Attendee Name Title Status Stephen W right Commission Chair Present Amit Kothari Planning Comm ission Vice Chair Present Dawn Benson Planning Comm issioner Present Scott Mittan Planning Comm issioner Present Janine Thalblum Planning Comm issioner Present 2. Oral Communications 2.1. Administration of Oath of Office by Jeff Baker, Community Development Director, to reappointed Planning Commissioner Scott Mittan Jeff Baker, Community Development Director, administered the Oath of Office to Planning Commissioner, Scott Mittan. 2.2. Public Comment No public comment provided. 3. Consent Calendar 3.1. Approve the Minutes of the February 12, 2019 Planning Commission Meeting RESULT: ADOPTED [UNANIMOUS] MOVED BY: Janine Thalblum, Commissioner SECOND: Dawn Benson, Commissioner AYES: Dawn Benson, Amit Kothari, Janine Thalblum, Stephen Wright ABSTAIN: Scott Mittan 4. Written Communication - None. Planning Commission March 26, 2019 Regular Meeting P a g e | 2 5. Public Hearing 5.1 Kaiser Commercial - Nissan (PLPA-2019-00003) Commissioner Mittan recused himself from item 5.1 due to his ownership of a property located within 500 feet of the subject property. Amy Million, Principal Planner, made a presentation and responded to questions posed by the Commission. Commission Chair Wright opened the public hearing. Kevin Fryer, Project Manager, made a presentation and responded to questions posed by the Commission. Brian Chang, Architect with ASG, responded to questions posed by the Commission. John Brattebo, Dublin resident, provided public comment. Wilma Fanning, Dublin resident, provided public comment. Jessie Dosanjh, Applicant and property owner, responded to questions posed by the Commission. Elsie Kalyanaraman, Dublin resident, provided public comment. Zhimus Aflatonni, Dublin resident, provided public comment. Mariela Verdin-Fararooni, Dublin resident, provided public comment. Commissioner Mittan closed the public hearing and deliberations began. On a motion by Commissioner Thalblum and seconded by Commission Vice Chair Kothari, the Planning Commission took the following action: RESOLUTION NO. 19-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING THE ZONING MAP AND APPROVING A PLANNED DEVELOPMENT ZONING DISTRICT WITH A STAGE 1 AND 2 DEVELOPMENT PLAN FOR THE KAISER COMMERCIAL PROJECT PLPA 2019-00003 Planning Commission March 26, 2019 Regular Meeting P a g e | 3 RESOLUTION NO. 19-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION APPROVING A SITE DEVELOPMENT REVIEW PERMIT FOR THE KAISER COMMERCIAL - NISSAN PROJECT PLPA 2019-00003 RESULT: ADOPTED [UNANIMOUS] MOVED BY: Janine Thalblum, Commissioner SECOND: Amit Kothari, Commission Vice Chair AYES: Dawn Benson, Amit Kothari, Janine Thalblum, Stephen Wright ABSTAIN: Scott Mittan 6. Unfinished Business - None. 7. New Business - None. 8. Other Business The Commissioners expressed appreciation for the recent March 6-8, 2019 Planning Commissioners Academy, noting that the education element will serve as both informative and helpful in their current appointed roles. 9. Adjournment The meeting was adjourned by Commission Chair Wright at 8:33 PM. Respectfully submitted, Planning Commission Chair ATTEST: Jeff Baker Community Development Director