HomeMy WebLinkAboutPC Reso06-10 06-008 Fountainhead Montessori CUP & SDR
RESOLUTION NO. 06 -10
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW TO
OPERATE A DAY CARE CENTER, CONSTRUCT AN OUTDOOR PLAYGROUND, AND MAKE
ASSOCIATED SITE IMPROVEMENTS FOR FOUNTAINHEAD MONTESSORI SCHOOL
LOCATED AT 6665 AMADOR PLAZA ROAD (APN 941-1500-051-02)
P A 06-008
WHEREAS, the Applicant, Shandy Cole, on behalf of Fountainhead Montessori School, has
requested approval of the following: I) a Conditional Use Permit to amend the PD, Planned Development
Zoning District regulations for P A 96-043 to allow the operation of a day care center as a conditional use; 2)
a Conditional Use Permit for a day care center for up to 135 children; and 3) Site Development Review to
construct an outdoor play area associated with the day care center, located at 6665 Amador Plaza Road on
approximately:!: 1.15 acres of land within the West Dublin BART Specific Plan Area; and
WHEREAS, City Council Resolution 02-97 approving a Development Plan for the PD, Planned
Development Zoning District (PA 96-043) calls for a retail commercial development consisting of :!:19.9
acres of which this project is a part; and
WHEREAS, day care centers are not explicitly called out as permitted or conditional uses within the
approved Development Plan; and
WHEREAS, the Development Plan states that "except as specifically included in [the Development
Plan] ...development and operation oj land use activities within this planned development shall be subject to
the City oj Dublin Zoning Code in effect at the time the development and land use activities are considered";
and
WHEREAS, retail commercial development is comparable to a C-I, Retail Commercial Zoning
District in which day care centers are a conditional use; and
WHEREAS, in accordance with Section 8.32.080 of the Dublin Zoning Ordinance a minor
amendment to an adopted Development Plan may be granted by the Planning Commission by means of a
Conditional Use Permit upon finding that the amendment substantially complies with and does not materially
change the provisions or intent of the adopted Planned Development Zoning District for the site; and
WHEREAS, Staff is recommending that the Development Plan for P A 96-043 be amended to
include day care centers as a conditional use; and
WHEREAS, a complete application for a Conditional Use Permit and Site Development Review was
submitted and is available and on file in the Community Development Department; and
WHEREAS, the Applicant has submitted project plans dated received April 4, 2006; and
WHEREAS, the California Environmental Quality Act (CEQA), together with State Guidelines and
City environmental regulations require that certain projects be reviewed for environmental impacts and that
environmental documents be prepared; and
WHEREAS, the project has been found to be Categorically Exempt from CEQA according to CEQA
Guidelines Section 15304, Minor Alterations to Land; and
WHEREAS, the Planning Commission did hold a public hearing on said application on April 25,
2006 for this project; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law; and
WHEREAS, a Staff Report was submitted recommending that the Planning Commission approve a
Conditional Use Permit subject to the findings contained herein to amend the Development Plan for Planned
Development Zoning District (P A 96-043) to allow day care centers as a conditional use; and
WHEREAS, a Staff Report was submitted recommending that the Planning Commission approve a
Conditional Use Permit subject to the findings contained herein to allow the operation of a day care center
for up to 135 children at 6665 Amador Plaza Road; and
WHEREAS, a Staff Report was submitted recommending that the Planning Commission approve the
Site Development Review for the construction of an outdoor play area associated with the day care center;
and
WHEREAS, the Planning Commission did hear and use its independent judgment and considered all
said reports, recommendations, and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Dublin
does hereby make the following findings and determinations regarding said proposed Conditional Use
Permits.
Conditional Use Permit to Amend the Development Plan for PA 96-043:
A. The proposed amendment to the Development Plan for Planned Development Zoning District (P A
96-043) substantially complies with and does not materially change the provisions or intent of the
adopted Planned Development Zoning District Ordinance for the site in that the City Council
Resolution approving the Development Plan for PA 96-043 called for a retail commercial
development consisting of :!:19.9 acres of which this project is a part and day care centers are
considered conditional uses in comparable retail commercial zoning districts.
Conditional Use Permit to allow the operation of a Day Care Center at 6665 Amador Plaza Road:
A. The day care center use and outdoor playground are compatible with other land uses, transportation
and service facilities in the vicinity because: 1) the day care center would be located within an
existing office building surrounded by a combination of office and commercial uses, 2) an acoustical
report was prepared and concluded that the anticipated outdoor activities by the day care center would
not impact adjacent office users because the noise generated from children playing outdoors
compared to the existing traffic noise would be negligible, and 3) the day care center would generate
less trips than an Office use and thus would not adversely impact existing transportation and service
facilities.
B. The day care center use and outdoor playground 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
because: I) the day care center will conform to the standards established in the Development Plan for
the Planned Development Zoning District (PA 96-043) as well as all applicable regulations contained
within the Dublin Zoning Ordinance and 2) conditions of approval have been applied to the project to
ensure on-going compatibility with the project's surroundings.
C. The day care center use and outdoor playground will not be injurious to property or improvements in
the neighborhood because: I) the project will be located on a developed site and has been designed to
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minimize impacts to existing improvements, and 2) the project has been conditioned to comply with
all codes, regulations and requirements relating to the site improvements.
D. There are adequate provisions for public access, water, sanitation and public utilities and services to
ensure that the day care center use and outdoor playground would not be detrimental to the public
health, safety and welfare because: 1) the project has been reviewed by various City departments and
agencies all of whom have commented that adequate public services are available, and 2) conditions
of approval have been incorporated into the project to ensure that existing public services remain
adequate for the site.
E. The site is physically suitable for the day care center use and outdoor playground because: I) it is a
developed site, generally flat in topography; and 2) the site has adequate parking to serve the use.
F. The day care center use and outdoor playground will not be contrary to the specific intent clauses,
development regulations, or performance standards established for the Planned Development Zoning
District (P A 96-043) in that: 1) the project is consistent with a retail commercial development, 2) a
minor amendment to the Development Plan has been approved to add Day Care Centers as a
conditional use, and 3) the project complies with all other standards established for the Planned
Development Zoning District and applicable portions of the Dublin Zoning Ordinance.
G. The day care center use and outdoor playground is consistent with the Dublin General Plan and the
West Dublin BART Specific Plan in that the use is consistent with the Retail/Office and Commercial
B land use designations which have been adopted for the site.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City
of Dublin does hereby make the following findings and determinations regarding said proposed Site
Development Review:
Site Development Review to construct an outdoor playground:
A. Approval of the project, as conditioned, is consistent with the purpose and intent of Chapter
8.104, Site Development Review of the Dublin Zoning Ordinance as the project has been
designed to promote orderly, attractive and harmonious site and structural development
compatible with the surrounding properties, and is consistent with the development regulations
and requirements of the Planned Development Zoning District in which it would be located with
respect to setbacks, height, parking, and landscaping because the outdoor playground is an
attractive addition to the office building and would be screened with fencing that complies with
the requirements of the Dublin Zoning Ordinance as well as landscaping to soften the appearance.
B. The project, as conditioned, complies with the policies of the General Plan, the West Dublin
BART Specific Plan and the Planned Development Zoning District Regulations for PA 96-043
and with all other requirements of the Dublin Zoning Ordinance because: I) the outdoor
playground is necessary and customary to the development of day care centers which further the
goals of the General Plan, West Dublin BART Specific Plan and Planned Development Zoning
Ordinance which encourages the development of retail commercial uses within the project area;
and 2) the outdoor playground complies with all requirements of the Dublin Zoning Ordinance
with respect to landscaping, fencing and aesthetics.
C. The project, as conditioned, will not adversely affect the health or safety of persons residing or
working in the vicinity, or be detrimental to the public health, safety and general welfare because
the project consists of the construction of an outdoor playground and associated site
improvements which are designed to ensure the health and safety of persons working in the
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vicinity by providing adequate site distances within the parking lot and surrounding the outdoor
playground and adequate signage to direct the motoring public when maneuvering within the
project area.
D. The approved site development, including site layout, structures, vehicular access, circulation and
parking, setbacks, height, walls, public safety and similar elements, has been designed to provide
a desirable environment for the project because: 1) the outdoor playground is located to the rear of
the existing office building and out of the general path of travel for other users of the office
development, 2) vehicular access and circulation has been designed to direct users of the day care
center to the site and to minimize conflicts with other users of the site, 3) all fencing has been
designed to provide visual surveillance to those areas enclosed by fencing, 4) all landscaping will
be kept at minimal heights and fullness so as not to create visual obstructions throughout the site,
and 5) new landscaping will be planted to enhance the overall appearance of the site.
E. The subject site is physically suitable for the type and intensity of the project because: 1) it is a
developed site with area and dimensions that will accommodate the outdoor playground, and 2)
ample parking exists for all users of the site despite the loss of parking to construct the outdoor
playground.
F. The project will not impact views because the outdoor playground will be located to the rear of an
existing office building where it is screened by existing and proposed landscaping.
G. Impacts to existing slopes and topographic features are addressed because: I) the site is fully
developed, relatively flat, with no significant topographic features, and 2) conditions of approval
have been applied to the project to ensure that all modifications to the site layout comply with all
applicable codes, regulations, and requirements.
H. Architectural considerations, including the character, scale and quality of the design, the
architectural relationship with the site and other buildings, building materials and colors,
screening of exterior appurtenances, exterior lighting, and similar elements have been
incorporated into the project, and as conditions of approval, in order to insure compatibility of this
development with the development's design concept and the character of adjacent buildings.
I. Landscape considerations, including the location, type, size, color, texture and coverage of plant
materials, provisions and similar elements have been considered to ensure visual relief and an
attractive environment for the public because: 1) all existing landscaping including trees will be
protected, 2) existing landscaping will be enhanced with the addition of plants to fill in bare spots,
3) new landscaping will be installed to appropriately screen and soften the outdoor playground,
and 4) all new landscaping will be consistent with the existing landscape theme throughout the
site.
J. The approval of the Site Development Review for the project, as conditioned, is consistent with
the Dublin General Plan and with the West Dublin BART Specific Plan because the project
supports the development of uses consistent with the land use designations of Retail/Office and
Commercial B.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City
of Dublin does hereby approve a Conditional Use Permit to amend the Development Plan for PD, Planned
Development Zoning District (PA 96-043) to allow day care centers as a conditional use, a Conditional Us
Permit for the operation of a day care center for up to 135 children at 6665 Amador Plaza Road, and Site
Development Review for the construction of an outdoor play area associated with the day care center, as
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shown on the plans prepared by Hollman & Bologna Architecture and Planning, Inc dated received April 4,
2006 on file in the Community Development Department, subject to the conditions included below.
CONDITIONS OF APPROVAL
Unless stated otherwise, all Conditions of Approval shall be complied with prior to approval of the final
map, unless noted otherwise. The following codes represent those departments/agencies responsible for
monitoring compliance of the conditions of approval: [PL] Planning, [B] Building, [PO] Police, [PW] Public
Works, [ADM] Administration/City Attorney, [FIN] Finance, [PCS] Parks and Community Services, [F]
City of Dublin Fire, [DSR] Dublin San Ramon Services District, [A VI] Amador Valley Industries, [CO]
Alameda County Department of Environmental Health, [Zone 7] Alameda County Flood Control and Water
Conservation District, Zone 7, [LA VTA] Livermore Amador Valley Transit Authority, and [CHS] California
Department of Health Services.
RESPON. WHEN
NO CONDITION TEXT AGENCY REQ'D SOURCE
Prior to:
GENERAL
1. Approval. This Conditional Use Permit and Site PL On-going Planning
Development Review approval is for the establishment and
operation of a day care center at 6665 Amador Plaza Road for
up to 135 children and the construction and use of an outdoor
play area and associated site improvements related to the
operation of the day care center. The project shall generally
conform to the project plans submitted by Hollman &
Bologna Architecture and Planning, Inc., dated received on
April 4, 2006, on file in the Community Development
Department, and other plans, text, and diagrams relating to
this permit approval, unless modified by the Conditions of
Approval contained herein.
2. Clarifications and Changes to the Conditions. In the event PL,PW Prior to Planning
that there needs to be clarification to these Conditions of approval of and Public
Approval, the Directors of Community Development and Improvement Works
Public Works have the authority to clarifY the intent of these Plans
Conditions of Approval to the Applicant/Developer by a
written document signed by the Directors of Community
Development and Public Works and placed in the project file.
The Directors 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 of this
proiect.
3. Hold Harmless/Indemnification. The Developer shall ADM Through
defend, indemnifY, and hold harmless the City of Dublin and completion of
its agents, officers, and employees from any claim, action, or Improvements
proceeding against the City of Dublin or its agents, officers, and
or employees to attack, set aside, void, or annul an approval occupancy of
of the City of Dublin or its advisory agency, appeal board, the Buildings
Planning Commission, City Council, Community
Development Director, Zoning Administrator, or anv other
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RESPON. WHEN
NO CONDITION TEXT AGENCY REQ'D SOURCE
Prior to:
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.
4. Permit Expiration. Construction or use shall commence PL One year DMC
within one (I) year of permit approval or the permit shall from permit 8.96.020.D
lapse and become null and void. Commencement of approval
construction or use means the actual construction or use
pursuant to the permit approval or demonstrating substantial
progress toward commencing such construction or use.
5. Time Extension. The original approving decision-maker PL One year DMC
may grant a time extension of approval for a period not to from permit 8.96.020.E
exceed six (6) months in accordance with Section 8.96.020.E approval
ofthe Dublin Zoning Ordinance.
6. Revocation. This approval shall be revocable for cause in PL On-going DMC
accordance with Section 8.96.020.1, Revocation of the Dublin 8.96.020.1
Zoning Ordinance. Any violation of the terms and conditions
of this approval may be subiect to the issuance of a citation.
7. Annotated Conditions of Approval. A copy of these PL,B Upon Planning
Conditions of Approval shall be submitted with all application
applications for Building Permits and shall be annotated to fora
indicate how all Conditions of Approval will be complied Building
with and where they are located within the plans. A Building Permit
Permit submittal will not be accepted without the annotated
conditions.
8. Fees. The Developer shall pay all applicable fees in effect at B Prior to Various
the time of building permit issuance including, but not limited issuance of
to, Planning fees, Building fees, Dublin San Ramon Services Building
District fees, Public Facilities fees, Dublin Unified School Permit
District School Impact fees, Public Works Traffic Impact
fees, City of Dublin Fire Services fees; Noise Mitigation fees,
Inclusionary Housing In-Lieu fees; Alameda County Flood
and Water Conservation District (Zone 7) Drainage and
Water Connection fees; and any other fees as noted in the
Development Agreement.
9. Property maintenance. The property owner and/or future PL On-going Planning
tenant(s) shall be responsible for maintaining the site in a
clean and litter free condition at all times.
10. Graffiti. The Applicant/Developer and/or building tenant(s) PW,PL, On-going Public
shall keep the site clear of graffiti vandalism on a regular and PO Works
continuous basis. Graffiti resistant paint for structures and
film for windows or glass should be used whenever possible.
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RESPON. WHEN
NO CONDITION TEXT AGENCY REQ'D SOURCE
Prior to:
11. Controlling Activities. The Applicant shall control all PL During Planning
activities on the project site so as not to create a nuisance to Construction/
existing or surrounding businesses. On-going
12. Nuisances. All interior and exterior noise shall be limited so PL On-going Planning
as not to create a nuisance to adjacent and surrounding
businesses.
13. Accessory/Temporary Structures. The use of any PL On-going DMC
accessory or temporary structures, such as storage sheds or 8.108
trailer/container units used for storage or for any other
purpose, shall not be allowed on the site at any time unless a
Temporary Use Permit is applied for and approved.
14. Equipment Screening. All electrical and/or mechanical PL Through Planning
equipment shall be screened from public view. Any roof- Completion/
mounted equipment shall be completely screened from view On-going
by materials architecturally compatible with the building and
to the satisfaction of the Community Development Director.
15. Temporary Signage. All temporary signage shall be subject PL On-going Planning
to the regulations of Chapter 8.84, Sign Regulations of the
Dublin Zoning Ordinance.
CONDITIONAL USE PERMIT
16. Annual Review. On an annual basis, the Conditional Use PL On-going Planning
Permit approval may be subject to review by the Community
Development Director to determine compliance with the
Conditions of Aooroval.
17. Modifications to the Conditional Use Permit. Any PL On-going DMC
modifications to the use or conditions of this Conditional Use 8.100.080
Permit approval shall be subject to review and approval by
the Planning Commission. Minor amendments may be
considered by the Community Development Director in
accordance with Section 8.100.080 of the Dublin Zoning
Ordinance.
18. Null and Void. This approval shall become null and void in PL On-going Planning
the event that the approved use( s) ceases to operate for a
continuous one-year period, after the use commences in a
given building.
19. Hours of Operation. The hours of operation for the day care PL On-going Planning
center are 7 a.m. to 6 p.m. Monday thru Friday. An increase
in the hours of operation shall be subject to prior review and
approval by the Community Development Director In
accordance with Section 8.100.080 of the Dublin Zoning
Ordinance.
SITE DEVELOPMENT REVIEW
20. Modifications to the Site Development Review. PL On-going DMC
Modifications or changes to this Site Development Review 8.104.100
approval may be considered by the Community Development
Director if the modifications or changes proposed comoly
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RESPON. WHEN
NO CONDITION TEXT AGENCY REQ'D SOURCE
Prior to:
with Section 8.104.100 ofthe Zoning Ordinance.
21. Trash Enclosure/Garbage Area. The proposed trash PW,PL Issuance of Public
enclosure shall be architecturally designed to be compatible Building Works and
with the building. The enclosure shall have a roof constructed Permits Planning
of materials that are architecturally compatible with the
building. The doors must be designed with self-closing gates
that can be locked closed and can also be held open with pin
locks during loading. All trash bins used for this site shall be
maintained within the trash bin enclosure(s) at all times. An
area drain shall be installed within the trash enclosure with a
connection to the sanitary sewer system. In addition, a hose
bib shall be provided for convenient wash-down of the trash
enclosure.
22. Refuse Collection. The Applicant! Developer shall provide PW Issuance of Public
designated refuse collection areas for the project, subject to Building Works
approved by the appropriate solid waste collection company Permits
prior to approval of improvement plans. All refuse collection
areas shall be screened from public view and shall have roofs
to protect against rainwater intrusion and floor drains
connected to the sanitary sewer system to collect runoff from
periodic washdown.
The refuse collection service provider shall be consulted to
ensure that adequate space is provided to accommodate
collection and sorting of putrescible solid waste as well as
source-separated recyclable materials generated by this
project.
23. Fence Detail for Outdoor Play Area. The fencing and gates PL Issuance of Planning
which enclose the outdoor play area shall be constructed of a Building
decorative steel or similar durable material to provide security Permits
and allow for visual surveillance of the area, to the
satisfaction of the Community Development Director and
Chief of Police. The final design of the fencing and gates
shall be subject to review and approval by the Community
Development Director.
24. Photometric Plan/Parking Lot Lights. The Applicant/ PW,PL, Issuance of Various
Developer shall provide photometric calculation for the PO Occupancy
existing parking lot and around the building that demonstrates Permit(s)
a minimum foot-candle lighting level of not less than 1.0 at
the ground surface for the adjacent parking area; if this cannot
be verified provide additional lighting where necessary.
25. Bicycle Racks. Bicycle racks shall be installed near the PW,PL Issuance of Public
entrances to the office building at a ratio of I rack per 40 Occupancy Works and
vehicle parking spaces. Bicycle racks shall be designed to Permit(s) Planning
accommodate a minimum of four bicycles per rack, and so
that each bicycle can be secured to the rack. The location of
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RESPON. WHEN
NO CONDITION TEXT AGENCY REQ'D SOURCE
Prior to:
the bicycle racks shall not encroach into any
adjacent!adjoining sidewalks in a manner that would reduce
the unencumbered width of the sidewalk to less than 4'.
Bicycle racks shall be placed in locations where they will
have adequate lighting and can be surveilled by the building
occupants.
26. Temporary Fencing. Temporary Construction fencing shall PW,B During Public
be installed along perimeter of all work under construction to Construction, Works and
separate the construction operation from the public. All Prior to Building
construction activities shall be confined to within the fenced Issuance 0 f
area. Construction materials and/or equipment shall not be Occupancy
operated or stored outside of the fenced area or within the Permit, and
public right-of-way unless approved in advance by the City Through
EngineerIPublic Works Director. Completion
PLANNING DIVISION - LANDSCAPING
27. Final Landscape and Irrigation Plans. A Final Landscape PL,PW Approval of Planning
and Irrigation Plan prepared and stamped by a State licensed Improvement and Public
landscape architect or registered engineer shall be submitted Plans and Works
for review and approval by the Community Development Issuance of
Director. The Final Landscape and Irrigation Plan shall be Building
generally consistent with the preliminary landscape plan Permits
prepared by Borrecco/Kilian & Associates, Inc., dated
received April 4, 2006, on file In the Community
Development Department, unless modified by the Conditions
of Approval contained herein. Landscape and Irrigation Plans
shall be submitted at a minimum scale of I "=20' and shall be
coordinated with on-site civil, streetlights, and utility
improvement plans.
28. Landscape and utilities. Utilities shall be coordinated with PL Approval of Planning
proposed landscaping. The location of utilities shall be Final
studied carefully to minimize their visual impact and to Landscape
provide adequate planting space for trees and for screening Plans
shrubs.
29. Landscaping of Walls, (if any) and Trash Enclosures. The PL Issuance 0 f Planning
Applicant/Developer shall screen all walls, fencing and the Building
sides of walls surrounding trash enclosures. The use of Permits
shrubs and vines is encouraged. All fencing shall be in
accordance with the Zoning Ordinance requirements and
regulations.
30. Lighting. The location of trees and light fixtures shall be PL Issuance of Planning
coordinated to the satisfaction of the Public Works Director, Building
Community Development Director, the City's Landscape Permits
Architect and Dublin Police Services. Lighting used after
daylight hours shall be adeQuate to nrovide for security needs.
31. Standard Plant Material, Irrigation and Maintenance PL Issuance of Planning
Al!reement. The Aoolicant/Developer shall complete and Building
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RESPON. WHEN
NO CONDITION TEXT AGENCY REQ'D SOURCE
Prior to:
submit to the Dublin Planning Division the Standard Plant Permits
Material, Irrigation and Maintenance Agreement.
32. Maintenance of Landscaping. All on-site landscaping shall PL, PW On-going Planning
be maintained in accordance with the "City of Dublin and Public
Standards Plant Material, Irrigation System and Maintenance Works
Agreement" by the Applicant!Tenant after City-approved
installation. This maintenance shall include weeding, the
application of pre-emergent chemical applications, and the
replacement of materials that die. Any proposed or modified
landscaping to the site, including the removal or replacement
of trees, shall require prior review and written approval from
the Communitv Develooment Director.
33. Installation of Landscaping and Parking Lot PL Occupancy Planning
Improvements. All landscaping and parking lot
improvements shall be installed prior to occupancy of the
buildings.
34. Landscaping at Drive Aisle Intersections. Landscaping at PW,PL, Issuance of Public
drive aisle intersections shall be such that sight distance is not PO Occupancy Works
obstructed for drivers. Except for trees, landscaping shall not Permit(s)
be higher than 30 inches above the curb in these areas.
35. Landscaping. Landscaping shall be kept at a minimal height PO On-going Police
and fullness so that patrol officers and the general public have
the ability to surveil the area and identify risks.
BUILDING DIVISION
36. Building Codes and Ordinances. All project construction B,F Through Building
shall conform to all building codes and ordinances in effect at Completion
the time of building permit.
37. Building Permits. To apply for building permits, B Issuance of Building
Applicant!Tenant shall submit five (5) sets of construction Building
plans to the Building Division for plan check. Each set of Permits
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/Tenant will be responsible for obtaining the
approvals of all participation non-City agencies prior to the
issuance of building permits.
38. Construction Drawings. Construction plans shall be fully B Issuance of Building
dimensioned (including building elevations) accurately drawn Building
(depicting all existing and proposed conditions on site), and Permits
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 (Prior to the issuance of building permits.)
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RESPON. WHEN
NO CONDITION TEXT AGENCY REQ'D SOURCE
Prior to:
39. Addressing. Addresses shall be placed on all doors leading B,F,PO Occupancy Various
to the exterior of the building. Addresses shall be plainly
visible and legible from the approaches to the building
including the street or road fronting the property. Addresses
shall be illuminated and be a minimum of 5 inches in height.
FIRE
40. Occupancy Separation. Show an occupancy separation F Issuance of Fire
between the day care and the adjacent uses as required by Building
CBC 302.1. Permits
41. Gates. Gates in the fenced areas shall be equipped with panic F,PO Issuance of Fire and
hardware. Panic hardware shall be protected from activation Building Police
from the outside by the use of mesh screening or similar Permits
design.
42. Fire Alarm. Provide a fire alarm system throughout the day F Occupancy Fire
care space in accordance with CBC 305.9.1. The system
shall be tied into the sprinkler monitoring system for the
building (if the building has a sprinkler monitoring system).
Obtain permits prior to installation.
43. Automatic Sprinklers. Provide an automatic sprinkler F,B Occupancy Fire and
system throughout the area of work on the first and second Building
floors including, but not limited to, the new E-3 area and the
second floor Montessori offices. If the system has over 100
sprinklers, the system shall be monitored by a UL listed
central station. Obtain permits prior to installation.
44. Exit Doors. Panic hardware is required on the exit doors F,PO Occupancy Fire and
serving over 50 persons as required by CBC 1007.3.10. As Police
part of the door panic hardware, door sensors with audible
alarms shall be installed to assist in detecting the doors being
opened.
45. Exit Signs. Exit signs and emergency lighting shall be F Occupancy Fire
provided as reQuired bv the CBC chapter 10.
46. Fire Extinguishers. Provide 2AIOBC fire extinguishers, in F Occupancy Fire
locations approved by the Fire Department, in the space. An
approved sign in accordance with the Uniform Fire Code
shall be consoicuously posted above the extinguisher.
47. Knox Box. Provide a Knox box at the main entrance to the F Occupancy Fire
space. The Knox box shall contain a key that provides access
to the tenant space. Order forms for the Knox box are
available at the fire prevention office located at 100 Civic
Plaza, Dublin. The key can be placed in the box during the
Fire Department inspection.
48. Compliance with Codes. The project shall comply with F Through Fire
Uniform Building and Fire Codes as adopted by the City of Completion
Dublin.
PUBLIC WORKS
49. Standard Public Works Conditions of Aporoval. PW Approval of I Public
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RESPON. WHEN
NO CONDITION TEXT AGENCY REQ'D SOURCE
Prior to:
Applicant/Developer shall comply with all applicable City of Improvement Works
Dublin Public Works Standard Conditions of Approval. In Plans
the event of a conflict between the Public Works Standard
Conditions of Approval and these Conditions, these
Conditions shall nrevail.
50. Conditions of Approval. A copy of the Conditions of PW With each Public
Approval which has been annotated how each condition is submittal of Works
satisfied shall be included with the submittals to the Public Improvement
Works Department for the review of the Parcel Map and Plans
improvements plans. The notations shall clearly indicate how
all Conditions of Approval will be complied with, and where
they are located on the plans. Submittals will not be accepted
without the annotated conditions.
51. Title Report. A current preliminary title report (prepared PW Approval of Public
within the last six months) together with copies of all Improvement Works
recorded easements and other encumbrances and copies of Plans
Final Maps for adjoining properties and off-site easements
shall be submitted for reference as deemed necessary by the
City Engineer/Director of Public Works.
52. Improvements within Existing Easements. The Applicant! PW Approval of Public
Developer shall obtain written permISSIOn from the Improvement Works
beneficiaries of all existing easements encumbering the site Plans
before constructing improvements within the easement areas
if the proposed improvements are inconsistent with purpose
for which the easement was created. Said permission shall be
forwarded to the City as evidence of the
Applicant/Developer's right to construct said improvements.
53. Improvement Agreement and Security. Pursuant to PW Issuance of Public
97.16.620 of the Municipal Code, the Applicant shall obtain a Grading/Site Works
Grading/Sitework Permit from the Public Works Department work Permit
that governs the installation of required site improvements.
As a condition of issuance of said permit, Improvement
Security shall be posted to guarantee the faithful performance
of the permitted work. Such security shall be in the form of
cash, a certified or cashier's check, a letter of credit, or a
permit bond executed by the applicant and a corporate surety
authorized to do business in California. The amount of the
security will be based on the estimated cost of the site work
(excluding the building). The applicant shall provide an
estimate of these costs for City review with the first plan
submittal.
54. Improvement and Grading Plans. All improvement, PW Issuance 0 f Public
drainage, utility and grading plans submitted to the Public Grading/ Works
Works Department for review/approval shall be prepared in Sitework
accordance with the approved SDR, these Conditions of Permit
Approval, and the City of Dublin Municipal Code including
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NO CONDITION TEXT
Chapter 7.16 (Grading Ordinance). When submitting plans
for review/approval, the Applicant/Developer shall also fill-
out and submit a City of Dublin Improvement Plan Review
Checklist (three 8-1/2" x II" pages). Said checklist includes
necessary design criteria and other pertinent information to
assure that plans are submitted in accordance with established
City standards. The plans shall also reference the current City
of Dublin Standard Plans (booklet), and shall include
applicable City of Dublin Improvement Plan General Notes
(three 8-1/2" x II" pages). For on-site improvements, the
Applicant/Developer shall adhere to the City's On-site
Checklist (eight 8-1/2" x II" pages). All of these reference
documents are available from the Public Works Department
(call telephone 925-833-6630 for more information).
The Grading Plan shall be In conformance with the
recommendations of the Geotechnical Report, the approved
SDR, and the City design standards & ordinances. In case of
conflict between the soil engineer's recommendations and
City ordinances, the City Engineer shall determine which
shall apply.
A detailed Erosion Control Plan shall be included with the
Grading Plan. The plan shall include detailed design,
location, and maintenance criteria of all erosIOn and
sedimentation control measures. Detailed Engineer's
Estimate of improvement costs shall be submitted with the
plans.
55. Grading/Sitework Permit. All improvement work must be
performed per a Grading/Sitework Permit issued by the
Public Works Department. Said permit will be based on the
final set of civil plans to be approved once all of the plan
check comments have been resolved. Please refer to the
handout titled Grading/Site Improvement Permit Application
Instructions and attached application (three 8-1/2" x II"
pages) for more information. The Applicant/Developer must
fill in and return the applicant information contained on pages
2 and 3. The current cost of the permit is $10.00 due at the
time of permit issuance, although the Applicant/Developer
will be responsible for any adopted increases to the fee
amount.
56. Erosion Control during Construction. Applicant!
Developer shall include an Erosion and Sediment Control
Plan with the Grading and Improvement plans for review and
approval by the City Engineer and/or Public Works Director.
Said plan shall be designed, implemented, and continually
maintained pursuant to the City's NPDES permit between
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RESPON.
AGENCY
PW
PW
WHEN
REQ'D
Prior to:
SOURCE
Issuance of
Grading/
Sitework
Permit
Public
Works
Issuance of
Grading
/Sitework
Permit
Public
Works
RESPON. WHEN
NO CONDITION TEXT AGENCY REQ'D SOURCE
Prior to:
October I st and April 15th or beyond these dates if dictated
by rainy weather, or as otherwise directed by the City
Engineer and/or Public Works Director.
All grading, construction, and development activities within
the City of Dublin must comply with the provisions of the
Clean Water Act. Proper erosion control measures must be
installed at development sites within the City during
construction, and all activities shall adhere to Best
Management Practices.
57. Water Quality/Best Management Practices. Pursuant to PW Issuance of Public
the Alameda Countywide National Pollution Discharges Grading/ Works
Elimination Permit (NPDES) No. CAS0029831 with the Sitework
California Regional Water Quality Control Board (RWQCB), Permit
the applicant shall design and operate the site in a manner
consistent with the Start at the Source publication, and
according to Best Management Practices to minimize storm
water pollution. All trash dumpsters and compactors which
are not sealed shall have roofs to prevent contaminants from
washing into the storm drain system. All storm drain inlets
serving vehicle parking areas shall be fitted with Filter
Devices to remove Hydrocarbons and other contaminants,
and all storm drain inlets shall be stenciled "No Dumping -
Drains to Bay" using an approved stencil available from the
Alameda CountYWide Clean Water Program.
58. Storm Drain Improvements. Applicant/Developer shall PW Issuance of Public
construct all required storm drain improvements In Grading Works
accordance with a site-specific hydrology/hydraulic analysis /Sitework
and/or as specified by the Public Works Director. Plans Permit
submitted for the storm drain improvements shall include full
drainage pattern for the entire parkin" lot.
59. Disabled Parking. All disabled parking stalls shall meet PW,B Issuance of Public
State Title 24 requirements, including providing curb ramps Occupancy Works
at each loading zone. Curb ramps cannot encroach within the Permit(s)
loading/unloading areas. Disabled stalls shall be
conveniently located and grouped near the primary entrances
to each building. Van accessible stalls shall also be provided
and shall meet State Title 24 reQuirements.
60. Disabled Access Ramps. The Applicant/Developer shall PW,B Issuance of Public
install disabled access ramps, and where necessary replace all Occupancy Works
existing handicapped ramps at driveway intersections to meet Permit(s)
current State Title 24 reQuirements.
61. Vehicle Parking. Applicant shall repair any distressed areas PW Issuance of Public
of pavement within the existing parking field, then seal and Occupancy Works
re-stripe the entire parking field. All parking spaces shall be Permit(s)
double striped using 4" white lines set approximately 2 feet
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NO CONDITION TEXT
apart according to Figure 76-3 and 98.76.070 (A) 17 of the
Dublin Municipal Code. All compact-sized parking spaces
shall have the word "COMPACT" stenciled on the pavement
within each space. 12"-wide concrete step-out curbs shall be
constructed at each parking space where one or both sides
abuts a landscaped area or planter. Wheel stops as necessary
shall be provided at the parking stalls.
62. Pedestrian Crossing Signs and Striping. The
Applicant/Developer shall install crosswalks, pedestrian
crossing warning signs, and pedestrian crossing pavement
legends per Caltrans and City standards at the proposed
crosswalk locations.
63. Signs and Pavement Markings. The Applicant/ Developer
shall be responsible for the following on-site traffic signs and
pavement markings:
a. A stop control (including Caltrans Rl "Stop" sign,
stop pavement legend, 12"-wide white stop bar stripe)
shall be installed at the driveway exit.
b. Directional pavement arrows in the drive aisles.
c. RIO "One Way" and RII "Do not Enter" signs at the
one way drive aisle.
d. R26F "No Stopping ~ Fire Lane" signs shall be posted
on-site along all curbs that are longer than 20' and that
parallel the drive aisles as required by the Fire
Marshall.
e. RIOOB (disabled parking regulations sign) shall be
installed at each of the driveway entrance to the site
with amended text to read ".. .may be reclaimed at
DUBLIN POLICE or by telephoning 833-6670".
f. Handicapped parking signs and legends per State Title
24 requirements.
g. The word "Compact" shall be stenciled on the
pavement surface within each compact parking space.
h. Any other signs and markings deemed reasonably
necessary by the City Engineer and/or Public Works
Director during final design and/or construction.
64. Construction Hours. Construction and grading operations
shall be limited to weekdays (Monday through Friday) and
non-City holidays between the hours of 7:30 a.m. and 5:30
p.m. The Applicant/Developer may request permission to
work on Saturdays and/or holidays between the hours of 8:30
am and 5:00 pm by submitting a request form to the City
Engineer no later than 5:00 pm the prior Wednesday.
Overtime inspection rates will apply for all Saturday and/or
holiday work.
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RESPON.
AGENCY
PW
PW
PW
WHEN
REQ'D
Prior to:
Issuance 0 f
Occupancy
Permit(s)
Issuance of
Occupancy
Permit(s)
During
Construction
SOURCE
Public
Works
Public
Works
Public
Works
NO CONDITION TEXT
65. Construction Noise Management Program! Construction
Impact Reduction Plan. Applicant! Developer shall conform
to the following Construction Noise. Management
Program/Construction Impact Reduction Plan. The following
measures shall be taken to reduce construction impacts:
a. Off-site truck traffic shall be routed as directly as
practical to and from the freeway (1-580) to the job site.
An Oversized Load Permit shall be obtained from the
City prior to hauling of any oversized loads on City
streets.
b. The construction site shall be watered at regular
intervals during all grading activities. The frequency of
watering should increase if wind speeds exceed 15 miles
per hour. Watering should include all excavated and
graded areas and material to be transported off-site. Use
recycled or other non-potable water resources where
feasible.
c. Construction equipment shall not be left idling while not
In use.
d. Construction equipment shall be fitted with nOIse
muffling devices.
e. Mud and dust carried onto street surfaces by
construction vehicles shall be cleaned-up on a daily
basis.
f. Excavation haul trucks shall use tarpaulins or other
effective covers.
g. Upon completion of construction, measures shall be
taken to reduce wind erosion. Replanting and repaving
should be completed as soon as possible.
h. After grading is completed, fugitive dust on exposed soil
surfaces shall be controlled uSing the following
methods:
1. Inactive portions of the construction site shall
be seeded and watered until grass growth is
evident.
2. of the construction site shall be seeded and
watered until grass growth is evident.
3. All portions of the site shall be sufficiently
watered to prevent dust.
4. On-site vehicle speed shall be limited to 15
mph.
5. Use of petroleum-based palliatives shall meet
the road oil requirements of the Air Quality
District. Non-petroleum based tackifiers may
be required by the City Engineer.
1. The Denartment of Public Works shall handle all dust
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RESPON.
AGENCY
PW
WHEN
REQ'D
Prior to:
During
Construction
SOURCE
Public
Works
NO CONDITION TEXT
complaints. The City Engineer may require the services
of an air quality consultant to advise the City on the
severity of the dust problem and additional ways to
mitigate impact on residents, including temporarily
halting project construction. Dust concerns in adjoining
communities as well as the City of Dublin shall be
addressed. Control measures shall be related to wind
conditions. Air quality monitoring of PM levels shall be
provided as required by the City Engineer.
J. Construction interference with regional non-project
traffic shall be minimized by:
1. Scheduling receipt of construction materials to
non-peak travel periods.
2. Routing construction traffic through areas of
least impact sensitivity.
3. Routing construction traffic to minImIZe
construction interference with regional non-
project traffic movement.
4. Limiting lane closures and detours to off-peak
travel periods.
5. Providing ride-share incentives for contractor
and subcontractor personnel.
k. Emissions control of on-site equipment shall be
minimized through a routine mandatory program oflow-
emissions tune-ups.
66. Damage/Repairs. The Applicant/Developer shall be
responsible for the repair of any damaged pavement, curb &
gutter, sidewalk, or other public street facility resulting from
construction activities associated with the development of the
proiect.
67. Occupancy Permit Requirements. Prior to issuance of an
Occupancy Permit, the physical condition of the project site
shall meet minimum health and safety standards including,
but not limited to the following:
a. The walkways providing access to the building shall
be complete, as determined by the City Engineer, to
allow for safe, unobstructed pedestrian and vehicle
access to and from the site.
b. All traffic control devices providing access to the site
shall be in place and fully functional.
c. All address nnmbers for streets providing access to the
buildings shall be in place and visible.
d. Lighting for the site shall be adequate for safety and
security. Exterior lighting shall be provided for
building entrances/exits and pedestrian walkways.
170fl9
RESPON.
AGENCY
PW
PW
WHEN
REQ'D
Prior to:
SOURCE
Issuance of
Occupancy
Permit
Public
Works
Iissuance of
Occupancy
Permit
Public
Works
RESPON. WHEN
NO CONDITION TEXT AGENCY REQ'D SOURCE
Prior to:
Security lighting shall be provided as required by
Dublin Police.
e. All construction equipment, materials, or on-going
work shall be separated from the public by use of
fencing, barricades, caution ribbon, or other means
approved by the City Engineer.
f. All fire hydrants shall be operable and easily
accessible to City and ACFD personnel.
g. All site features designed to serve the disabled (i.e.
H/C parking stalls, accessible walkways, signage)
shall be installed and fullv functional.
68. Required Permits. An encroachment permit from the Public PW Various Public
Works Department may be required for any work done within Times and Works
the public right-of-way. Developer shall obtain all permits Prior to
required by other agencies including, but not limited to Issuance of
Alameda County Flood Control and Water Conservation Building
District Zone 7, California Department of Fish and Game, Permit
Army Corps of Engineers, Regional Water Quality Control
Board, Caltrans and provide copies of the permits to the
Public Works Department.
69. Geographic Information System. The Applicant! PW Issuance of Public
Developer shall provide a digital vectorized file of the Occupancy Works
"master" files on floppy or CD of the Improvement Plans to Permit
the Public Works Department and DSRSD. Digital raster
copies are not acceptable. The digital vectorized files shall be
in AutoCAD 14 or higher drawing format or ESRI Shapefile
format. Drawing units shall be decimal with the precision of
0.00. All objects and entities in layers shall be colored by
layer and named in English, although abbreviations are
acceptable. All submitted drawings shall use the Global
Coordinate System of USA, California, NAD 83 California
State Plane, Zone III, and U.S. foot. Said submittal shall be
acceptable to the City's GIS Coordinator.
70. Public Improvements. All public improvements constructed PW Issuance of Public
by Developer and to be dedicated to the City are hereby Occupancy Works
identified as "public works" under Labor Code section 1771 Permit
unless the Public Works Director specifically determines
otherwise in writing. Accordingly, Developer, in constructing
such improvements, shall comply with the Prevailing Wage
Law (Labor Code. Sects. 1720 and following).
DUBLIN POLICE
71. Non Residential Security Ordinance. The Applicant shall PO Through Police
comply with all applicable City of Dublin Non Residential Completion!
Security Ordinance reQuirements. On-going
72. Theft Prevention and Security Program. The PO On-going Police
Applicant/Tenant shall work with the Dublin Police on an
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RESPON. WHEN
NO CONDITION TEXT AGENCY REQ'D SOURCE
Prior to:
ongoing basis to establish an effective theft prevention and
security program.
73. Applicant Licensing. The Applicant must be licensed and PO Occupancy/ Police
comply with all State of California Community Care On-going
Licensing (CCL) reQuirements.
74. Business License. The Applicant must apply for a City of PO Occupancy/ Police
Dublin Business License. A copy of the approved State of On-going
California Community Care license must be submitted. All
employees, both paid and volunteer, shall complete a
Mandated Reporter class and provide verification of such.
75. Police Inspections. Police Services will periodically make PO On-going Police
unannounced inspections of the facility and may require
verification of fingerprint clearance for staff members as
reported back on the State of California CCL "Personnel
Report. "
76. Fingerprinting. All staff members are to be fingerprinted PO On-going Police
and prints submitted to California Department of Justice by
the business applicant.
77. Emergency Access. The Applicant will provide for police PO Occupancy/ Police
emergency access on any locked gated areas. On-going
78. Business Site Emergency Response Card. The Applicant PO Occupancy Police
shall complete a "Business Site Emergency Response Card"
and deliver it to the police.
DUBLIN SAN RAMON SERVICES DISTRICT mSRSm
79. Standard Conditions. Applicant/Developer shall comply DSR Through DSRSD
with all applicable Standard Conditions as required by Dublin Construction
San Ramon Services District.
PASSED, APPROVED AND ADOPTED this 25th day of April 2006 by the following vote:
AYES:
Chair Schaub, Vice Chair Wehrenberg, Commissioners Biddle, Fasulkey, and King
NOES:
ABSENT:
ABSTAIN:
4
t"v~SZ;~~
Planning Commission Chair
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