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HomeMy WebLinkAboutAttachmt 4 Reso Appv SDR & MSP for 05-030 RESo.LUTION NO.. _-06 A RESo.LUTION o.F THE PLANNING Co.MMISSION o.F THE CITY o.F DUBLIN APPRo.VING SITE DEVELo.PMENT REVIEW Fo.R Lo.WE'S Ho.ME IMPRo.VEMENT W AREHo.USE Lo.CATED AT THE So.UTHWEST Co.RNER o.F DUBLIN Bo.ULEV ARD AND GRAFTo.N STREET AND Bo.RDERED BY DUBLIN Bo.ULEV ARD AND No.RTHSIDE DRIVE IN AREA H o.F DUBLIN RANCH (APN 985-0036-009) P A 05-030 WHEREAS, the Applicant, Charter Properties, has requested approval of a Site Development Review for the construction of a Lowe's Home Improvement Warehouse with 138,135 square feet of retail with a 31,369 square foot garden center and related improvements on approximately :!:12.24 acres of land, located in a portion of Area H of Dublin Ranch, within the Eastern Dublin Specific Plan, at the southwest corner of Dublin Boulevard and Grafton Street and bordered by Dublin Boulevard and Northside Drive; and WHEREAS, the Applicant has submitted a complete application for Site Development Review for the construction of a 138,135 square foot building with a 31,659 square foot garden center and related improvements located at the southwest corner of Dublin Boulevard and Grafton Street and bordered by Dublin Boulevard and Northside Drive; and WHEREAS, the Applicant has submitted project plans for the requested entitlement prepared by SSOE, Inc. and MacKay and Somps received by the Planning Division on July 17, 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, pursuant to the CEQA, Staff has recommended that and Addendum be prepared to the Eastern Dublin Specific Plan area Program Environmental Impact Report (the "Eastern Dublin EIR"), which was certified by the City Council by Resolution No. 51-93; and WHEREAS, the City Council previously approved a Mitigated Negative Declaration by Resolution No. 34-00 (entitled and hereinafter referred to as the "1999 Mitigated Negative Declaration"); and WHEREAS, the decision making authority for Site Development Review applications typically lies with the Planning Commission; and WHEREAS, the Planning Commission did hold a public hearing on said application; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and ATTACHMENT 4 WHEREAS, on , the City Council waived the reading and introduced an Ordinance adopting a Stage 2 Planned Development Zoning applicable to the proposed Site Development Review; and WHEREAS, a Staff Report was submitted to the City Council on recommending approval of said application; and WHEREAS, the City Council did hold a public hearing on said application; and WHEREAS, proper notice of said hearing was given in all respects as required by law. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Dublin does hereby make the following findings and determinations regarding the proposed Site Development Review: A. The proposed Project, as conditioned, is consistent with the purpose and intent of Chapter 8.104 Site Development Review of the Zoning Ordinance because: 1) the proposed proiect will be compatible with the surrounding area because the development is designed with respect to the adiacent properties which are designated for commercial and office uses as well as the residential development and neighborhood commercial center located across Dublin Boulevard as required bv Section 8.104.020.A of the Dublin Zoning Ordinance; 2) the proposed proiect will conform to the densitv, design, and allowable uses as stated in the Stage 1 Development Plan for Area H in Dublin Ranch as required bv Section 8.104.020.B of the Dublin Zoning Ordinance; and 3) the project will be an attractive addition to the Citv and therefore will meet the requirements of Sections 8.1 04.020.D and E. B. The proposed Project, as conditioned, will be compatible with the surrounding area and complies with the policies of the General Plan and the Eastern Dublin Specific Plan, the zoning requirements of the Stage 1 Development Plan for Area H of Dublin Ranch in which the project is located because I) the proposed Lowe's building with related uses is a home improvement store which sells retail goods and retail uses are compatible with the approved uses for the site and Area H; 2) the overall design of the proiect is consistent with the design requirements discussed in the Stage 2 Planned Development design guidelines; 3) the proposed project is consistent with the Eastern Dublin Specific Plan because the Plan states that commercial development located in the Tassaiara Gatewav subarea should have regional serving commercial uses in order to take advantage of the site's proximitv to Tassaiara Road and the 1-580 freewav and the Lowe's store is intended to serve the communitv as well as the region; 4) the overall proiect, including future development in accordance with the Stage 2 Development Plan. will be consistent with the Floor Area Ratio (FAR) (.25) and total development potential for the site as stated in the amended Stage 1 Development Plan; 5) the proposed development is compatible with the General Plan Land Use designation of General Commercial and General Commercial/Office which allows for a combination of retail and office uses which the proposed project will achieve; 6) the proposed proiect is consistent with the overall design requirements of the Stage I Development Plan which calls for an attractive design and encourages a connection between the design in Area H and Area G and the proposed design compliments the main street design theme for Area G which incorporating some architectural design changes to show that the proiect site is a separate area in Eastern Dublin in order to promote the importance of Area G which is intended to be a 2 neighborhood commercial center; 7) the proposed proiect meets the intent of the Dublin General Plan which discourages proiects which do not relate well to the surrounding developments and the proposed proiect is compatible with the neighborhood which includes office. high density residential and retail uses; and 8) the Stage 1 Development Plan calls for a more urban and contemporarY development for the proiect site than what is typical for Dublin Ranch and this site accomplishes this by including a large scale regional serving retail building with a architectural style that incorporates both modern design themes as well as elements which are typical of main streets. C. The proposed Project, as conditioned, will not adversely affect the health or safety of persons residing or working in the vicinity, nor be detrimental to the public health, safety and welfare because: 1) there will not be anv significant environmental impacts associated with the proiect and the proiect has been conditioned to comply with all mitigation measures adopted as part of the Eastern Dublin Specific Plan EIR and the 1999 Mitigated Negative Declaration prepared for Area H; 2) an addendum to the Eastern Dublin EIR has been prepared which demonstrates that the proposed proiect will not adversely impact the environment beyond what was studied in the Eastern Dublin EIR or the 1999 Mitigated Negative Declaration; 3) the site layout and design of the proposed building (proiect site) is compatible with the site lavout and design of buildings shown in the Stage 2 Planned Development Rezone; and 4) as conditioned. the building will be operated in such a manner as to reduce impacts on the surrounding neighborhood. D. The proposed Project will not be injurious to property or improvements in the neighborhood because: 1) the proiect has been conditioned to comply with all Building Division, Fire Department. Public Works Department. Planning Division and Dublin San Ramon Services District requirements; and 2) as conditioned. the building. site and related retail use will be operated in such a manner as to reduce impacts on the surrounding neighborhood, streets and pedestrian areas. E. The site development for the proposed Project has been designed to provide a desirable environment for the Project and surrounding areas because: 1) as designed, the architecture of the building including roof forms. colors and materials is compatible with the roof forms, colors and materials in the design guidelines for the Grafton Station shopping center; 2) as shown on the Landscape Plans, the proposed landscaping is compatible with the existing and approved landscaping in the area including landscaping along Dublin Boulevard and landscaping which is proposed for the overall site; 3) the overall design of the proiect is consistent with the design requirements discussed in the Stage 2 design guidelines; 4) the Lowe's building has been designed with several segments with different architectural design themes to replicate the various storefronts which are typical of a main street and consistent with the overall design theme and requirements of the Stage 2 design guidelines; 5) the architecture of the building includes light fixtures. varying roof designs and heights. and awnings and therefore is consistent with the design guidelines which encourage the use of these elements; 6) the rooflines of the building on the front elevation have varying heights and design to reduce the appeared massing of the building consistent with the design guidelines; 7) the proiect has been designed to screen all service and loading areas consistent with the design guidelines which require these areas to be screened from view; 8) all mechanical equipment including HV AC units and trash compactors are located behind screens as required by the design guidelines; 9) the building is broken into nine distinctive forms to reduce the massing of the building and in order to be compatible with the main street design theme and 3 therefore is compatible with the design guidelines which require big box development in the shopping center to have a minimum of three primarY forms; 10) the design of the building includes windows along the front of the building which are fixed obscured glass windows which give the appearance of a storefront and meets the requirements of the design guidelines which requires storefront windows on the front of the building; 11) the building materials on the front elevation are varied throughout the front. in coni unction with the nine forms to promote the main street design theme as required by the design guidelines; and 12) the parking lot includes a large number of evergreen trees which will provide a canopy in the parking lot year round and therefore will limit the expanse of parking lot and will provide an attractive element to the parking lot consistent with the requirements of the design guidelines with respect to landscaping in the parking lot. F. The subject site is physically suitable for the type, density, and intensity of the proposed Project and related structures because: 1) the Stage 1 Planned Development Zoning identified this property as having the potential to be developed with retail uses including regional scale and community serving scale retail uses; 2) the entire shopping center, including the Lowe's development. once complete will have an overall FAR of .25 which is consistent with the Stage 1 Development Plan which limits the FAR of the site to .25; 3) the proposed densitv of the site is consistent with the Eastern Dublin Specific Plan and future commercial development in the area which requires general commercial development in the Tassaiara Gatewav subarea to have a FAR of .25 or less; and 4) the garden center has not been included in the overall FAR of the site because the garden center is not included in the square footage of the main building and does not have a roof over the center and three ofthe walls ofthe garden center are designed to be open air walls. G. There are no impacts to slopes or topographic features because: 1) the existing site is relatively flat. H. The character, scale and quality and design of the project is compatible with the proposed development, existing and approved projects in the area and with anticipated future development in the area because: 1) the proposed proiect includes a regional serving retail building which is compatible with the future anticipated development of the shopping center and the adiacent property as discussed in the Eastern Dublin Specific Plan; 2) the proposed building is situated on the site in order to reduce view impacts from the 1-580 freeway and to center the entrance of the building into the parking lot to create a cohesive shopping center; 3) the perceived massing and overall densitv of the site is reduced bv pedestrian elements. attractive landscaping. tower elements. window forms. varying roof forms and varying building wall set backs; 4) the proposed design of the building includes architectural elements which are consistent with the design theme for the shopping center, as established by the design guidelines. which is a main street design theme 5) the design of the buildings are well designed in and of itself and provide an attractive addition to the vicinitv; and 6) the proposed earth tone color palette is compatible with colors found in the vicinitv. 1. Parking on-site will conform to the requirements of the Dublin Zoning Ordinance, Stage 1 Planned Development Zoning and as amended by the Stage 2 Development Plan because: 1) a total of 544 parking stalls will be constructed during this phase of the proiect; 2) Section 8.76.080.C of the Dublin Zoning Ordinance requires that the proiect have one parking stall per everY 300 square feet of floor area for service retail establishments and therefore a total of 460 parking stalls are required to support the retail building; 3) Section 8.76.080.C of the Dublin Zoning Ordinance establishes 4 the parking requirements for outdoor storage which are one parking stall for everv 1.000 square feet of area; 4) the garden center is not considered to be floor area because the center does not have a roof and the walls are design to be open air walls and are not solid and therefore the area is considered to be outdoor storage which requires a total of 31 parking stalls for the 31,659 square foot garden center; 5) based on the size of the garden center and the store. a total of 491 parking stalls are required to support the proiect; 6) a total of 544 parking stalls will be constructed on the site during this phase which will result in a surplus of 53 parking stalls. J. The landscaping will provide an attractive feature, will be compatible with the surrounding area and will conform to the Stage 1 Planning Development Zoning and Stage 2 Planned Development Rezone because: 1) the parking lot tree species will conform to the approved species as stated in the Stage 2 Rezone; 2) an opportunitv for public art has been provided at the terminus of Grafton Street; 3) a mix of attractive plantings is located throughout the site including in the parking lot, along the extension of Brannigan Street and adiacent to Northside Drive; and 4) evergreen trees have been provided in the parking lot to create a canopy year round to break UP the expanse of parking in the shopping center. BE IT FURTHER RESOLVED that the City Council does hereby approve said application, Site Development Review for Lowe's Home Improvement Warehouse, to construct a 138,135 square foot building with a 31,659 square foot garden center and related improvements located at the southwest corner of Dublin Boulevard and Grafton Street and bordered by Dublin Boulevard and Northside Drive, as generally depicted in the written statement and project plans prepared by SSOE, Inc. and to the Landscape Plans prepared by the GLS Architecture/Landscape received by the Planning Division on July 17, 2006, labeled Attachment 11 of the July 25, 2006 Planning Commission Agenda Statement, stamped approved, and on file with the Community Development Department, subject to the following conditions: CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use, and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [PL] Planning, [B] Building, [PO] Police, [PW] Public Works, [ADM] Administration/City Attorney, [FIN] Finance, [PCS] Parks and Community Services, [F] Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [LDD], Livermore Dublin Disposal, [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, [CHS], California Department of Health Services. CONDITION TEXT RESPON. AGENCY WlIENREQ'D SOURCE Prior to: GENERAL - SITE DEVELOPMENT REVIEW 1. Approval. This Site Development Review approval for the Lowe's Home Improvement store, PA 05-030 establishes the detailed design concepts and regulations for the project. Development pursuant to this Site Development Review generally shall conform the project plans submitted by MacKay and Somps and SSOE, Inc. received July 17,2006 on file in the Communi Develo ment De artment, and 5 PL On-going Planning CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: other plans, text, and diagrams relating to this Site Development Review, unless modified by the Conditions of Approval contained herein. 2. Effective Date. This Site Development Review approval PL Approval of the DMC is contingent upon the approval of the related Stage 2 Stage 2 8.32.030.B Planned Development Rezoning. If the Stage 2 Planned Development Rezoning is not approved this Site Development Review approval shall become null and void. 3. Permit Expiration. Construction or use shall commence PL One year from DMC within one (1) year of Permit approval or the Permit shall permit approval 8.96.020.D lapse and become null and void. Commencement of construction or use means the actual construction or use pursuant to the Permit approval or demonstrating substantial progress toward commencing such construction or use. If there is a dispute as to whether the Permit 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 Permit expires, a new application must be made and processed according to the requirements of this Ordinance. 4. Time Extension. The original approving decision-maker PL One year from DMC may, upon the Applicant's written request for an extension permit approval 8.96.020.E 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 six (6) months. All time extension requests shall be noticed and a public hearing or public meeting shall be held as required by the particular Permit. 5. Permit Validity. This Site Development Review approval PL On-going DMC shall be valid for the remaining life of the approved 8.96.020.F structure so long as the operators of the subject property comply with the project's conditions of approval. 6. Revocation of permit. The Site Development Review PL On-going DMC approval shall be revocable for cause in accordance with 8.96.020.1 Section 8.96.020.1 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. 7. Development Agreement. The Developer shall meet all ADM On-going Administra applicable sections of the Development Agreement for tion/ Area H and the Development Agreement for the Lowe's City Home Improvement store. Attorney 8. Requirements and Standard Conditions. The Applicant! Various Building Permit Standard Developer shall comply with applicable City of Dublin Fire Issuance Prevention Bureau, Dublin Public Works Department, Dublin Building Department, Dublin Police Services, Alameda County Flood Control District Zone 7, Livermore Amador Vallev Transit Authoritv, Alameda County Public 6 CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: 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 reauired have been or will be met. 9. Required Permits. Developer shall obtain all permits PW Building Permit Standard required by other agencies including, but not limited to Issuance Alameda County Flood Control and Water Conservation District Zone 7, California Department of Fish and Game, Army Corps of Engineers, Regional Water Quality Control Board, Caltrans and provide copies of the permits to the Public Works Deoartment. 10. Fees. Applicant/Developer shall pay all applicable fees in Various Building Permit Various effect at the time of building permit issuance, including, but Issuance 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 District (Zone 7) Drainage and Water Connection fees; or any other fee that may be adopted and applicable. 11. Indemnification. The Developer shall defend, indemnifY, ADM On-going Administra and hold harmless the City of Dublin and its agents, tion/City officers, and employees from any claim, action, or Attorney 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 related to this project 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. 12. Clean-up. The Applicant/Developer shall be responsible PL On-going Planning for clean-up and disposal of project related trash to maintain a safe, clean, and litter-free site. 13. Modifications. Modifications or changes to this Site PL On-going DMC Development Review approval may be considered by the 8.104.100 Community Development Director if the modifications or changes proposed comply with Section 8.104.100 of the Zoning Ordinance. 7 CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: 14. Controlling Activities. The Applicant/Developer shall PL On-going Planning control all activities on the project site so as not to create a nuisance to the existing or surrounding businesses and residences. 15. Soft Foam Building Materials. Soft Foam (ie efis type PL Building Permit Planning material) may be installed no closer then 6 feet from the Issuance/ earth or paved areas. On-lwing 16. 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 purposes, shall be subject to review and approval by the Community Development Director. PROJECT SPECIFIC 17. Mitigation Monitoring Program. The Applicant! PL On-going Eastern Developer shall comply with the Eastern Dublin EIR Dublin EIR Mitigation Monitoring Program and the 1999 Mitigated Negative Declaration for Planning Area H including all 1999 mitigation measures, action programs, and implementation Mitigated measures on file with the Community Development Negative Deoartment. Declaration 18. Equipment Screening. All electrical and/or mechanical PL Building Permit Planning equipment shall be screened from public view. Any roof- Issuance mounted equipment shall be completely screened from View by materials architecturally compatible with the Through building and to the satisfaction of the Community Completion! On- Development Director. The Building Permit plans shall going show the location of all equipment and screening for review and approval by the Director of Community Development. 19. Colors. The exterior paint colors of the buildings are PL Occupancy Planning subject to City review and approval. The Applicant shall paint a portion of the building the proposed colors for reVlew and approval by the Director of Community Development prior to painting the buildings. 20. Retail Spaces. The store and parking area shall at all times PL On-going Planning be kept free of storage materials, pallets, trashcans, bins, boxes, trash bags, and other materials. These areas of the store and site shall be policed as often as necessary in order to keep the site neat and clean. 21. Trash Compactor. At no time shall boxes, pallets or any PL On-going Planning other item be stored outside of the trash compactor area or the staging area or in any location where these items may be visible. 22. Stacked Items. At no time shall any material or item be PL On-going Planning stacked so that it is taller than the wall of the Garden Center or the Staging Area. All items shall be located below the height of the wall and shall be screened from view to the extent possible. 23. Parking Lot Sales. Any outside events, including PL On-going Planning promotional sales and Christroas tree sales, shall be subiect 8 CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: to the Temporary Use Permit requirements contained in the City of Dublin Municipal Code, specifically Section 8.108.020. 24. Trash and Waste Accumulation. The Applicant or any PL On-going Planning future owner shall provide and conduct regular maintenance of the site at least once daily, in order to eliminate and control the accumulation of trash, excess waste materials and debris. 25. Front Elevation. The Applicant/Developer shall modifY PL Issuance of Planning the flush front face of the three entrances by indenting the Building Permit areas with the signs and add exposed beams on the entry to provide additional detailing on the front elevation to the satisfaction of the Community Develooment Director. 26. Landscape and Property Maintenance. In the event that PL On-going Planning the Developer ceases or reduces operations on the Property, the Developer and/or property owner shall continue to comply with Conditions No. 29 through No. 42 related to Landscaping, and Condition No. 24 related to Trash and Waste Accumulation. LANDSCAPING 27. Final Landscape and Irrigation Plans. Final Landscape PL Building Permit DMC and Irrigation Plans, prepared and stamped by a State Issuance 8.72.030 licensed landscape architect or registered engineer, shall be submitted for review and approval by the City Engineer and the Community Development Director. Plans shall be generally consistent with the landscape plans prepared by GLS, received by the Planning Division on July 17,2006, except as modified by the Conditions listed below and as reauired bv the Community Develooment Director. 28. Plant Species. Plant species shall be selected according to PL Building Permit Planning use, sun/shade location and space available. The landscape Issuance plan should include plant species that are not salt sensitive. Street trees shall be high branching and produce minimal litter. 29. Slopes. The landscape plan shall address slopes within the PL Building Permit Planning property, including erosion, maintenance and irrigation Issuance Issues. All slopes shall have a one-foot level area at top and bottom of the slope for maintenance. 30. Landscaping at Street/Drive Aisle Intersections. PL Building Permit Planning Landscaping shall not obstruct the sight distance of Issuance 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 oublic surveillance caoabilities of the area. 31. Lighting. The Applicant/Developer shall prepare a PL, PW, PO Building Permit Planning photometric plan to the satisfaction of the City Engineer, Issuance Director of Community Develooment, the City's 9 CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: Consulting Landscape Architect and Dublin Police Services. Exterior lighting shall be provided within the parking lot and on the building, and shall be of a design and placement so as not to cause glare onto adjoining properties, businesses or to vehicular traffic. Lighting used after daylight hours shall be adequate to provide for security needs. The plan shall shows measurements for the parking structure, connecting paths, outdoor parking area and residential areas. 32. Street Lights and Trees. Maintain approximately 15' PL,PO Building Permit Planning clearance between streetlights and street trees. Where such Issuance clearance is not practical for design considerations, the spacing between the trees shall be increased and the size of the trees shall be increased to 36" box minimum to reduce the conflict between the lil!htinl! and foliage. 33. Standard Plant Material, Irrigation and Maintenance PL Building Permit DMC Agreement. The Applicant/Developer shall complete and Issuance 8.72.050.B submit to the Dublin Planning Department the Standard Plant Material, Irril!ation and Maintenance Agreement. 34. Landscape Borders. Where applicable, all landscaped PL Building Permit Planning areas shall be bordered by a concrete curb that is at least 6 Issuance inches high and 6 inches wide. Any curbs adjacent to parking spaces must be 12 inches wide to facilitate pedestrian access. All landscaped areas shall be a minimum of 6 feet in width (curb to curb). All landscape planters within the parking area shall maintain a minimum 5 foot radius, or be 2 feet shorter than adjacent parking spaces to facilitate vehicular maneuvering. Concrete mow strips at least 4 inches deep and 6 inches wide shall be reauired to seoarate turf areas from shrub areas. 35. Landscaping. Applicant/Developer shall construct all PL,PW Building Permit Planning! landscaping within the site and along the project frontage. Issuance Public The on site landscaping shall be to the satisfaction of the Works Director of Community Development. The street trees on the frontage landscaping shall be a minimum 24" box, their exact tree locations and varieties shall approved by the Community Develooment Director and the City En~ineer. 36. Plant Standards. All trees shall be 24" box minimum, PL Occupancy Planning with at least 30% at 36" box or greater; all shrubs shall be 5 gallon minimum. 37. Maintenance of Landscaping. All landscaping materials PL On-going City of within the public right-of-way shall be maintained for 90 Dublin days and on-site landscaping shall be maintained III Standards accordance with the "City of Dublin Standards Plant Plant Material, Irrigation System and Maintenance Agreement" Material, by the Developer after City-approved installation. This Irrigation maintenance shall include weeding, the application of pre- System and emergent chemical applications, and the replacement of Maintenanc materials that die. Anv oroposed modifications to the e 10 CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: landscaping on the site, including the removal or Agreement replacement of trees, shall require prior review and written approval from the Community Develooment Director. 38. Backtlow Prevention Devices. The Landscape Plan shall PL, PW, F Building Permit Planning show the location of all backflow prevention devises. The Issuance location and screening of the backflow prevention devices shall be reviewed and aporoved by City staff. 39. Root Barriers and Tree Staking. The landscape plans PL,PW Building Permit Planning shall provide details showing root barriers and tree staking Issuance will be installed which meet current City soecifications. 40. Water Efficient Landscaping Ordinance. The Applicant! PL Building Permit DMC 8.88 Developer shall submit written documentation to the Public Issuance Works Department (in the form of a Landscape Documentation Package and other required documents) that the development conforms to the City's Water Efficient Landscaping Ordinance. 41. Landscape Screening. At no time shall any of the PL On-going Planning landscaping around building including shrubs and trees be removed. Removals may only occur if the species is to be replaced with the same species. 42. Trees. The property owner shall continually maintain all PL On-going Planning trees shown on the approved Landscape Plans including replacing dead or dying trees with the same species, pruning and regular watering of the trees. Within five years and every five years thereafter, all trees which are to be installed in conjunction with this phase of the project shall show substantial growth to the satisfaction of the Community Development Director. If the trees have not shown substantial growth, the property owner shall replace the trees to the satisfaction of the Community Development Director. 43. Dublin Boulevard. The landscape plans shall show that PL Issuance of Planning trees will be planted along Dublin Boulevard. The trees Building must be installed prior to occupancy of the building. Permits Occupancy BUILDING-GENERAL 44. Building Codes and Ordinances. All project construction B Through Building shall conform to all building codes and ordinances in effect Completion at the time ofbuildim! permit. 45. Building Permits. To apply for building permits, B Issuance of Building Applicant/Developer shall submit eight (8) sets of Building construction plans to the Building Division for plan check. Permits 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/Develooer will be resnonsible for 11 CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: obtaining the approvals of all . . non-City partIcIpation agencies prior to the issuance of building permits. 46. Construction Drawings. Construction plans shall be fully B Issuance of Building dimensioned (including building elevations) accurately Building drawn (depicting all existing and proposed conditions on Permits 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. 47. Addressing. Address will be required on all doors leading B,PL Occupancy Building to the exterior of the building. Addresses shall be illuminated and be able to be seen from the street, 5 inches in height minimum. 48. Engineer Observation. The Engineer of record shall be B Prior to Frame Building retained to provide observation services for all components Inspection 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. 49. Phased Occupancy Plan. If occupancy is requested to B Prior to Building occur in phases, then all physical improvements within Occupancy of each phase shall be required to be completed prior to any affected occupancy of any buildings within that phase except for building 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 45 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 remammg 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. 50. Air Conditioning Units. Air conditioning units and B Occupancy Building ventilation ducts shall be screened from public view with materials compatible to the main building. Units shall be permanently installed on concrete pads or other non- movable materials, aoproved bv the Building Official and 12 CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: Director of Community Development. 51. Temporary Fencing. Temporary Construction fencing B Through Building shall be installed along perimeter of all work under Completion construction. 52. Green Building Guidelines. To the extent practical the B Through Building Applicant shall incorporate Green Building Measures. Completion Green Building plan shall be submitted to the Building Official for review. 53. Cool Roofs. Flat roof areas shall have their roofing B Through Building material coated with light colored gravel or painted with Completion light colored or reflective material designed for Cool Roofs, as required under CA title 24 energy reauirements. 54. Electronic File: The Applicant/Developer shall submit all B Prior to First Building building drawings and specifications for this project in an and Final electronic format to the satisfaction of the Building Official inspection) 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. 55. Construction Trailer: Due to size and nature of the B Through Building development, the Applicant/Developer shall provide a Completion construction trailer will all hook ups for use by City Inspection personnel during the time of construction as determined necessary by the Building Official. In the event that the City has their own construction trailer, the Applicant/Developer shall provide a site with appropriate hook ups in close proximity to the project site to accommodate this trailer. The Applicant/Developer shall cause the trailer to be moved from its current location at the time necessary as determined by the Building Official at the Aoolicant/Develooer's exoense. BUILDING ~ PROJECT SPECIFIC 56. 60 Foot No Build Easement. Pursuant to Dublin B Issuance of Building Municipal Code Section 7.32.130, the owner shall file with Building the Building Official a Covenant and Agreement Regarding Permits Maintenance of Yards for an Oversized Building binding such owner, his heirs, and assignees, to set aside a 60-foot required yard as unobstructed space having no improvements. After execution by the owner and Building Official, such covenant shall be recorded in the Alameda County Recorder's Office, and shall continue in effect so long as an oversized building remains or unless otherwise released by authority of the Building Official. 57. Outdoor Display. The outdoor display area at no time B On-going Building should block or impede the ingress or egress or disabled access areas. A clear space from the building fa~ade to the parking area shall be maintained at all times. This clear space is required for the width of the exiting svstem. FIRE - GENERAL CONDITIONS 13 CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: 58. Building and Fire Codes. The proj ect shall be In F Issuance of Fire compliance with Building and Fire Codes unless Building specifically addressed by an alternate materials or methods Permits annlication. 59. Knox Boxes. Knox boxes are required at the entrances to the F Occupancy Fire buildings and at the exterior access doors to the room with the fire alarm panel. 60. Fire Roadways. Fire apparatus roadways shall have a F Through Fire minimum unobstructed width of 20 feet (14 feet for one Completion way drive aisles) and an unobstructed vertical clearance of not less than 13 feet 6 inches. Roadways under 36 feet wide shall be posted with signs or shall have red curbs painted with labels on one side; roadways under 28 feet wide shall be posted with signs or shall have red curbs painted with labels on both sides of the street as follows: "NO STOPPING FIRE LANE - CVC 22500.1 61. EVA Roads. All emergency vehicle access roads (first lift F Prior to Vertical Fire of asphalt) and the public water supply including all Construction or hydrants shall be in place prior to vertical construction or Combustible combustible storal!e on site. Storage On Site 62. Corridors. Corridors shall not be interrupted by an F Issuance of Fire intervening room as required by CBC 1004.3.4.4. Corridors Building shall not have dead ends over 20 feet long. Permits FIRE GENERAL CONDITIONS 63. Hydrants. Provide a fire hydrant within 50 feet of the FDC F Issuance of Fire for Lowe's. Show the location of the sprinkler system Building detector check valves and FDCs for each building. The Permits locations of the FDC's shall be approved by the Fire Deoartment. 64. Construction Type. The Building Permit plans must show F Issuance of Fire the construction type and occupancy classifications for the Building buildings. Provide allowable area calculations for the Permits buildings. The allowable area shall comply with the CBC chapter 5. 65. Fire Sprinklers. Automatic sprinklers shall be provided F Occupancy Fire throughout the buildings as required by the Dublin Fire Code. If there are over 100 sprinklers, the system shall be monitored bv UL listed central station. 66. Storage. High piled storage shall comply with CFC article F Occupancy Fire 81. 67. Hazardous Materials. Hazardous materials shall comply F Occupancy Fire with CFC articles 79 and 80. POLICE - PROJECT SPECIFIC 68. Security Requirements. The Applicant/Developer shall PO Issuance of Police comply with all applicable City of Dublin Non-Residential Building Security requirements. Permits On-l!oinl! 69. Lil!htinl!. All commercial orooerties shall have light PO Issuance of Police 14 CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: fixtures above each storefront. Parking lot lighting or Building landscape lighting shall not be the only source of light to Permits the storefront. 70. Parking Lot Signage. All entrances to the parking lot PO Issuance of Section shall be posted with appropriate signs as described in Building 6.04.200 of Section 6.04.200 of the City of Dublin Municipal Code to Permits the Dublin assist m removmg vehicles at the property Municipal owner' s/manager' s request. On-going Code 71. Graffiti. The Applicant/Developer shall keep the site clear PO On-going Police of graffiti vandalism on a continuous basis at all times.. If available, graffiti resistant materials should be used. 72. Theft Prevention. The Applicant shall work the Dublin PO On-going Police Police Department on an ongoing basis to establish an effective theft prevention and security program. 73. Tenants. Tenants shall complete a "Business Site PO Occupancy Police Emergency Response Card" and deliver it to the police prior to occupancy. On-l!oing 74. Exit Doors. Employee exit doors and doors to the rear of PO Issuance of Police tenant spaces shall be equipped with 180-degree viewers if Building there is not a burglary resistant window pane in the door Permits from which to scan the exterior. 75. Construction Security. During the construction phase the PO Through Police site shall have security lighting and be fenced and locked Completion when workers are not present. The site shall also have the following: . A temporary address Sign shall be posted of sufficient size and color contrast to be seen from the street during hours of darkness. . The Applicant shall file a "Business Site Emergency Response Card" with the Dublin Police Department prior to any phase of construction which will provide 24-hour telephone contact numbers of persons responsible for the construction site. . Good security practices shall be followed with respect to storage of building materials and storage of tools at the construction site. PUBLIC WORKS - STANDAJID CONDITIONS 76. Non-City Agencies. The Developer will be responsible for PW Improvement Public submittals and reviews to obtain the approvals of all Plans & Works participating non-City agencies. The Alameda County Fire Agreement Department and the Dublin San Ramon Services District shall approve and sign the Improvement Plans. 77. Geotechnical Report. The Developer shall submit a PW Improvement Public Geotechnical Report, which includes street pavement Plans & Works sections and grading recommendations. Agreement 78. Electronic File. Developer shall provide the Public Works PW Improvement Public Department a digital vectorized file of the "master" files for Plans & Works the proj ect. The digital vectorized files shall be m Agreement 15 CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: AutoCAD 14 or higher drawing format. Drawing units shall be decimal with the precision of the Final Map. 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. 83 California State Plane, Zone III, and U.S. foot. 79. Water and Sanitary Facilities. Developer shall construct PW Improvement Public all potable and recycled water and sanitary sewer facilities Plans & Works required to serve the project in accordance with DSRSD Agreement master plans, standards, specifications and requirements. 80. Fire Hydrants. Fire hydrant locations shall be approved by PW Improvement Public the Alameda County Fire Department. A raised reflector Plans & Works blue traffic marker shall be installed in the street opposite Agreement each hydrant. 81. Street Trees. Street trees, of at least a 24" box size, shall PL,PW Improvement Public be planted along the public street frontages. The varieties Plans & Works and locations of the trees to be approved by the Community Agreement Development Director and City Engineer. 82. Utilities. All electrical, gas, telephone, and Cable TV PW Improvement Public utilities, shall be underground in accordance with the City Plans & Works policies and ordinances. All utilities shall be located and Agreement provided within public utility easements and sized to meet utility company standards. 83. Utility Vaults. All utility vaults, boxes and structures, PL,PW Improvement Public unless specifically approved otherwise by the City Plans & Works Engineer, shall be underground and placed in landscape Agreement areas and screened from public view. All utility vaults, boxes and structures shall be shown on landscape plans and approved by the City Engineer and Community Development Director prior to construction. 84. Grading. Prior to any clearing or grading, the Developer PW Issuance of Public shall provide the City evidence that a Notice of Intent Grading/Sitewor Works (NOl) has been sent to the California State Water k Permits 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 Deoartment and be keot at the construction site. 85. SWPP. The Storm Water Pollution Prevention Program PW Issuance of Public (SWPPP) for the construction and maintenance of the Grading/Sitewor Works project. The Developer is responsible for ensuring that all k Permit contractors implement all storm water pollution prevention measures in the SWPPP. 86. Maintenance Agreement. Developer shall enter into an PW Issuance of Public agreement with the City of Dublin that guarantees the Building Works perpetual maintenance obligation for all storm water Permits treatroent measures installed as part of the proiect. Said 16 CONDITION TEXT RESPON. WHENREQ'D SOURCE AGENCY Prior to: agreement is required pursuant to Provision C.3 .e.ii of RWQCB Order RZ-2003-0021 for the issuance of the Alameda Countywide NPDES municipal storm water permit. Said permit requires the City to provide verification and assurance that all treatroent devices will be I properly operated and maintained. 87. Construction Hours. Construction activities, including the PW Through Public maintenance and warming of equipment, shall be limited to Completion Works Monday through Friday, and non-City holidays, between the hours of 7:30 a.m. and 5:30 p.m. except as otherwise aporoved bv the City Enl!ineer. 88. Erosion Control. The Erosion Control Plan shall be PW Issuance of Public implemented between October 15th and April 15th unless Grading/Sitewor Works otherwise allowed in writing by the City Engineer. k Permits 89. Traffic Signs. The Developer shall install all traffic signs PW Issuance of Public and pavement marking as required by the City Engineer. Building Works Permits 90. Traffic Signals. All new traffic signals shall be PW Issuance of Public interconnected with other new signals within the Building Works development and to the existing City traffic signal system Permits bv hard wire. 91. Construction Noise. Developer shall be responsible for PW Through Public controlling construction noise. Specific noise management Completion Works measures shall be included m the project plans and specifications. 92. Construction Traffic. Developer shall prepare a plan for PW Issuance of Public construction traffic interface with public traffic on any Grading/Sitewor Works existing public street. Construction traffic and parking may k Permits be subiect to specific reauirements bv the City Engineer. 93. Pest Problems. The Developer shall be responsible for PW Through Public controlling any rodent, mosquito, or other pest problem due Completion Works to construction activities. 94. Dust. The Developer shall be responsible for controlling PW Through Public dust as conditions warrant or as directed by the City Completion Works Engineer. 95. Archeological Materials. If archaeological materials are PW Through Public encountered during construction, construction within 100 Completion Works feet of these materials shaIl 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. PUBLIC WORKS - PROJECT SPECIFIC 96. Parcel Map 9003. Parcel Map 9003 shall be recorded. PW Improvement Public Plans & Works Agreement 97. Improvement Agreement. The Developer shall enter into PW Start of Public an Imorovement Agreement with the City for all oublic Construction Works 17 CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: improvements and all private improvements for common access as determined bv the City Enl!ineer. 98. Security. The Developer shall provide performance PW Improvement Public (100%), and labor & material (100%) securities to Plans & Works guarantee the tract improvements, approved by the City Agreement Engineer, pnor to execution of the Improvement AlITeement. 99. Improvements. The public and site improvements shall be PW Improvement Public constructed generally as shown on the Stage 2 PD Rezone Plans & Works and/or Site Development Review and as modified by these Agreement conditions of approval. However, the approval of the Stage 2 PD Rezone and/or Site Development Review is not an approval of the specific design of the drainage, sanitary sewer, water, traffic circulation, and street improvements. 100. Clarification of Conditions. In the event that there needs PW Through Public to be clarification to these Conditions of Approval, the Completion Works 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 m order for the Developer to fulfill needed improvements or mitigations resulting from impacts of this nroi ect. 101. Dublin Boulevard Improvements. The Dublin Boulevard PW Occupancy Public southern frontage improvements shall be completed across Works the full frontage of Parcels 2 and 4 of Parcel Map 9003. The improvements shall include grading and pavement for the completion of the travel way, roadway storm drain improvements, curb & gutter, traffic signing & striping, and street trees as required by these conditions of approval to the satisfaction of the City Engineer. 102. Brannigan Entrance. The entrance from Dublin PW Occupancy Public Boulevard at Brannigan Street shall be improved with Works interim improvements consisting of one entrance lane and two exit lanes. The improvements shall include a new permanent left turn lane from westbound Dublin Boulevard with 250 feet of storage, and modifYing the existing traffic signal to accommodate the south leg of the intersection. These improvements shall be done to the satisfaction of the City Engineer. Traffic signal costs, including left turn lane, to be 50% reimbursable from properties located to the west of the Proiect Site. 103. Grafton Entrance. The Grafton Street entrance from PW Occupancy Public Dublin Boulevard to the first driveway shall be improved Works curb-to-curb with the ultimate improvements including a sidewalk on the west side. The exit lanes shall include two left turn lanes each with 200 feet of storal!e, a thru lane, and 18 CONDffiONTEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: a right turn lane. All improvements shall be to the satisfaction of the City Engineer. Note that this requirement contains one additional lane to that shown on the SDR exhibits. 104. Traffic Signal. A new traffic signal shall be installed at PW Occupancy Public Dublin Boulevard and Grafton Street that is designed to Works meet the ultimate configuration of the intersection, to the satisfaction of the City Engineer. 105. Grafton Street. Grafton Street between the first driveway PW Occupancy Public and the circle shall be constructed with a 26-foot width Works between face-of-curbs. Temporary AC Dikes may be used across the frontage of the future diagonal parking. All improvements shall be to the satisfaction of the City Engineer. 106. Strom Drain. Storm Drain Line D of the Dublin Ranch PW Occupancy Public West Side Storm Drain District shall be installed to the Works western limit of Parcel I, PM 9003. If this storm drain line is not within the existing Northside Drive right of way, a Storm Drain Easement shall be dedicated to the City of Dublin. 107. Northside Drive Utility Lines. The existing overhead PW Occupancy Public utility lines along the Project Site frontage on Northside Works Drive shall be placed underground. The City Engineer may exclude any utility that IS being relocated to Dublin Boulevard from this reauirement. 108. Northside Drive. Northside Drive shall be improved with PW Occupancy Public curb & gutter (north edge) and a 2" ac overlay along the Works frontage of Parcels I and 3, PM 9003, to the satisfaction of the City Engineer. The entrance to Grafton Station shall be designed with maximum 30-foot curb returns. 109. Signage. Signs shall be provided advising motorist at the PW Occupancy Public Northside Drive exit to use Dublin Boulevard for Works convenient access to 1-580. 110. Grading. Within the Project Site the Developer shall grade PW Occupancy Public the edge along the western property line in a manner that Works will accommodate future grading for development on the adjacent property without creating a low are between the two properties. If the adjacent property owner grants permission to grade their property within 30 days following final approval of this Site Development Review, the Developer shall place the slope on the adjacent property. If, upon request by the City, the adjacent property owner does not grant permission, the Developer shall grade the site with either a retaining wall or toe of slope near the property line and dedicate a grading easement to the City of Dublin. The grading easement shall fill and re-landscape any low area. This condition shall not exempt the Developer from the requirements set forth in the Dublin Municipal Code Section 7.16 relating to Grading Regulations. 19 CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: 111. RWCQCB. The development shall be designed to meet all PW Improvement Public the applicable requirements of the RWCQCB Order No. Plans & Works RZ-2003-003l including the requirement that the Developer Agreement provide water quality design measures, source control and treatroent measures to the maximum intent practicable. The Developer shall provide criteria and calculations that show that this requirement has been met, to the satisfaction of the City Engineer. The area under the bridge access to Northside Drive shall not be considered in the area of the bio-swale. If additional area is needed to meet water quality criteria, landscape areas within the parking lot may be desilmed as bioswales or filters for water quality treatroent. 112. Parking Stalls. The number of compact parking spaces PW Improvement Public should be limited to the locations where needed to Plans & Works accommodate landscaping. The number of compact parking Agreement spaces shall not exceed 35% of the minimum number of parking spaces reauired. 113. Driveways. All major access driveways shall provide a PW Improvement Public minimum 20-foot radius clear turning area measured from Plans & Works the inside edge of the required travel ways. All other Agreement driveway aisles shall provide clearance for a minimum 10- foot turning radius measured at the inside edge of the reauired travel ways. DUBLIN SAN RAMON SERVICES DISTRICT (DSRSD) - STANDARD CONDITIONS 114. Prior to Issuance of any building permit, complete DSR Issuance of Dublin San improvement plans shall be submitted to DSRSD that Building Ramon conform to the requirements of the Dublin San Ramon Permits Services Services District Code, the DSRSD "Standard Procedures, District Specifications and Drawings for Design and Installation of Water and Wastewater Facilities", all applicable DSRSD Master Plans and all DSRSD oolicies. 115. All mains shall be sized to provide sufficient capacity to DSR Improvement Dublin San accommodate future flow demands in addition to each Plans Ramon development project's demand. Layout and sizing of mains Services shall be III conformance with DSRSD utility master District planning. 116. Sewers shall be designed to operate by gravity flow to DSR Improvement Dublin San DSRSD's existing sanitary sewer system. Pumping of Plans Ramon sewage is discouraged and may only be allowed under Services extreme circumstances following a case by case review District 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 20 year maintenance costs as well as other conditions within a separate agreement with the applicant for any project that requires a pumping station. 117. Domestic and fire protection waterline systems for Tracts DSR Improvement Dublin San 20 CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: or Commercial Developments shall be designed to be Plans Ramon looped or interconnected to avoid dead end sections in Services accordance with requirements of the DSRSD Standard District Soecifications and sound engineering practice. 118. DSRSD policy requires public water and sewer lines to be DSR Improvement Dublin San located in public streets rather than in off-street locations to Plans Ramon the fullest extent possible. If unavoidable, then public Services sewer or water easements must be established over the District alignment of each public sewer or water line in an off-street or private street location to provide access for future maintenance and/or reolacement. 119. Prior to approval by the City of a grading permit or a site DSR Improvement Dublin San development permit, the locations and widths of all Plans Ramon proposed easement dedications for water and sewer lines Services shall be submitted to and approved by DSRSD. District 120. All easement dedications for DSRSD facilities shall be by DSR Improvement Dublin San separate instrument irrevocably offered to DSRSD or by Plans Ramon offer of dedication on the Final Map. Services District 121. Prior to approval by the City for Recordation, the Final DSR Recordation of Dublin San Map shall be submitted to and approved by DSRSD for Final Map Ramon easement locations, widths, and restrictions. Services District 122. Prior to issuance by the City of any Building Permit or DSR Issuance of Dublin San Construction Permit by the Dublin San Ramon Services Building Ramon District, whichever comes first, all utility connection fees Permits Services including DSRSD and Zone 7, plan checking fees, District inspection fees, connection fees, and fees associated with a wastewater discharge permit shall be paid to DSRSD in accordance with the rates and schedules established in the DSRSD Code. 123. Prior to issuance by the City of any Building Permit or DSR Issuance of Dublin San Construction Permit by the Dublin San Ramon Services Building Ramon District, whichever comes first, all improvement plans for Permits Services DSRSD facilities shall be signed by the District Engineer. District Each drawing of improvement plans shall contain a signature block for the District Engineer indicating approval of the sanitary sewer or water facilities shown. Prior to approval by the District Engineer, the applicant shall pay all required DSRSD fees, and provide an engineer's estimate of construction costs for the sewer and water systems, a performance bond, a one-year maintenance bond, and a comprehensive general liability insurance policy In the amounts and forms that are acceptable to DSRSD. The applicant shall allow at least 15 working days for final improvement drawing review by DSRSD before sil!llature bv the District Enl!ineer. 124. No sewer line or waterline construction shall be permitted DSR Improvement Dublin San unless the Drooer utility construction permit has been issued Plans Ramon 21 CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: by DSRSD. A construction permit will only be issued after Services all of the items in Condition No.9 have been satisfied. District 125. The applicant shall hold DSRSD, its Board of Directors, DSR Issuance of Dublin San commissions, employees, and agents of DSRSD harmless Building Ramon and indemnifY and defend the same from any litigation, Permits Services claims, or fines resulting from the construction and District comoletion of the proiect. 126. Improvement plans shall include recycled water DSR Improvement Dublin San improvements as required by DSRSD. Services for Plans Ramon landscape irrigation shall connect to recycled water mains. Services Applicant must obtain a copy of the DSRSD Recycled District Water Use Guidelines and conform to the requirements therein. SIGNS - PROJECT SPECIFIC 127. Temporary Promotional Banners and Balloons. PL On-going Chapter Temporary Promotional Banner Signs and Balloons shall 8.884 of only be permitted after first secunng an approved the Dublin Temporary Promotional Sign Permit. Any signage on site Zoning shall be subject to the sign requirements contained in the Ordinance City of Dublin Municipal Code. 128. A-Frame Signs. The use of any A-Frame, portable, PL On-going Chapter sandwich-board, pennants, or human-held signs on the 8.884 of premises is strictly prohibited. Said signs and any form of the Dublin off-site advertising signs shall also be prohibited upon any Zoning public property, including City streets and sidewalks. Ordinance 129. Outdoor Events. Any outside events shall be subject to PL On-going Chapter the Temporary Use Permit requirements contained in the 8.884 of City of Dublin Municipal Code, specifically Section the Dublin 8.108.020. Zoning Ordinance PARKS & COMMUNITY S:ERVICES 130. Public Art Contrihution. Pursuant to the Public Art PL, PCD Occupancy Public Art Master Plan, the Applicant!owner shall install a public Policy art piece on the property as shown on the project plans or shall pay the Public Art in-lieu fee. Ifthe Applicant/owner elects to provide a Public Art piece on-site, the Applicant!owner shall submit plans for Public Art for review and approval by the City, in accordance with the City's Public Art Master Plan, prior to installation of the art and prior to occupancy of the building. If the Applicant/owner elects to pay the Public Art in-lieu fee, the Applicant!owner shall pay a fee equal to forty-five one-hundredths percent (0.45%) ofthe Building Valuation (exclusive ofland) to finance an art project. This money shall be used at the City Council's discretion for Public Art at a location identified by the City Council. 22 CONDffiONTEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: 131. Public Art Access Easements. Ifthe Applicant!owner PL, PCD Occupancy Public Art elects to pay the Public Art in-lie fee, the Policy Applicant!owner shall dedicate a public art easement to the City of Dublin. This easement shall be at the approximate location of the landscape area identified on the Landscape Plan as a potential public art location. In addition, the Applicant!owner shall dedicate an access easement to the City of Dublin for purposes of site preparation and public art installation and maintenance, as required. MASTER SIGN PROGRAM 132. Freeway Sign. The freeway sign shall be located as PL On-going Chapter shown on the Master Sign Program project plans 8.84 of the prepared by GNU received by the Planning Division Dublin on July 17, 2006. The freeway sign shall be maintained Zoning in good condition and repairs shall be made to the sign Ordinance whenever necessary to adequately maintain the sign. 133. Modifications. Any modifications to the Building and PL On-going Chapter Site Signage locations, "envelopes", and/or monument 8.84 of the sign architecture shall be approved by the Community Dublin Development Director as an amendment to the Master Zoning Sign Program. Ordinance 134. Tenant's obligation. The tenant's obligation to PL On-going Chapter conform to the approved Master Sign Program shall be 8.84 of the incorporated into the individual tenant lease Dublin agreements as a binding requirement. Zoning Ordinance 135. CC&Rs. Adherence to the Master Sign Program shall PL On-going Planning be required by the Covenants, Codes, and Restrictions (CC&Rs) for the approved project. 136. Tenant signs. When tenant SignS change, all PL On-going Planning mounting holes from previous tenant signs shall be repaired and walls repainted prior to mounting the new SignS. If the use or tenant space ceases to operate for (90) ninety days, the tenant signs shall be removed and mounting holes and walls shall be repaired and repainted to match the building. 137. Vehicle Signs. Any vehicles with signage shall be parked as close as practical to the business it serves. Vehicles with signage shall be used in the normal course of business and shall not be used as a sign platform or for the sole purpose of attracting people to 23 CONDITION TEXT RESPON. WHENREQ'D SOURCE AGENCY Prior to: a place of business. 138. Amendments to the Master Sign Program. A minor PL On-going Chapter physical change to the approved Master Sign Program 8.84 of the can be considered by the Community Development Dublin Director. Any amendment to the approved plans Zoning which IS not considered by the Community Ordinance Development Director to be a minor physical change shall be reviewed per Section 8.104.090 (Amendment) of the Dublin Municipal Code, which would include full review and approval by the decision-making body of the original application, III this case the City Council. PASSED, APPROVED AND ADOPTED this 25 day of July 2006 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Planning Manager G:IPA#\2005\05.030 Lowe'slPC PHlSDR Reso.DOC 24