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HomeMy WebLinkAbout6.3(b) Grafton Station Attch 3-11 ORDINANCE NO. XX - 06 z~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ************* APPROVING A DEVELOPMENT AGREEMENT FOR LOWE'S HOME IMPROVEMENT WAREHOUSE LOCATED AT THE SOUTHWEST CORNER OF DUBLIN BOULEVARD AND GRAFTON STREET AND BORDERED BY DUBLIN BOULEVARD AND NORTHSIDE DRIVE IN AREA H OF DUBLIN RANCH (APN 985-0036-009) P A 05-030 THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: Section 1. RECITALS A. The proposed Lowe's Home Improvement Warehouse ("Project") is located within the boundaries of the Eastern Dublin Specific Plan ("Specific Plan") in an area, which is designated on the General Plan Land Use Element Map, and Eastern Dublin Specific Plan Land Use Map as General Commercial and General CommerciaVCampus Office land uses. B. Pursuant to the California Environmental Quality Act (CEQA), Section 15164 provides that an addendum to a previously certified Environmental Impact Report (EIR) may be prepared when the project requires a minor technical change to the EIR and there are no new significant environmental effects and no substantial increase in the severity of previously identified significant effects. C. A public hearing on the proposed Development Agreement was held before the Planning Commission on July 25,2006, for which public notice was given as provided by law. D. The Planning Commission has made its recommendation to the City Council for approval of the Development Agreement. F. A public hearing on the proposed Development Agreement was held before the City Council on August 15,2006 for which public notice was given as provided by law. G. The City Council has considered the recommendation of the Planning Commission who considered the item at its July 25, 2006 meeting, including the Planning Commission's reasons for its recommendation, the Agenda Statement, all comments received in writing and all testimony received at the public hearing. Section 2. FINDINGS AND DETERMINATIONS Therefore, on the basis of (a) the foregoing Recitals which are incorporated herein, (b) the City of Dublin's General Plan, (c) the Eastern Dublin Specific Plan, (e) the Eastern Dublin EIR, (d) the 1999 Mitigated Negative Declaration for Dublin Ranch Planning Area H, (e) the CEQA Addendum (f) the Agenda Statement, and on the basis of the specific conclusions set forth below, the City Council finds and determines that: Page 1 of3 ATTACHMENT 3 -z't>tt 1. The Project is consistent with the objectives, policies, general land uses and programs specified and contained in the City's General Plan, as amended by the Eastern Dublin General Plan Amendment, and in the Specific Plan in that (a) the General Plan and Specific Plan land use designation for the site are General Commercial and General CommerciaVCampus Office Land Uses and the proposed project is a project consistent with those land uses, (b) the project is consistent with the fiscal policies of the General Plan and Specific Plan with respect to provision of infrastructure and public services, (c) the project is consistent with the Stage 1 Planned Development Zoning adopted for Dublin Ranch Planning Area H adopted by the City Council and the Development Plan as amended by the City Council, and (d) the Lowe's HIW, Inc. Development Agreement includes provisions relating to vesting of development rights, and similar provisions set forth in the Specific Plan. 2. The Lowe's HIW, Inc. Development Agreement is compatible with the uses authorized in, and. the regulations prescribed for, the land use districts in which the real property is located in that the project approvals include a Stage 1 Development Plan Amendment, Stage 2 Planned Development Rezoning, and Site Development Review. 3. The Lowe's HIW, Inc. Development Agreement is in conformity with public convenience, general welfare and good land use policies in that the project will implement land use guidelines set forth in the Eastern Dublin Specific Plan and the General Plan which have planned for general commercial and campus office uses at this location. 4. The Lowe's HIW, Inc. Development Agreement will not be detrimental to the health, safety and general welfare in that the project will proceed in accordance with all the programs and policies of the Eastern Dublin Specific Plan. 5. The Lowe's HIW, Inc. Development Agreement will not adversely affect the orderly development of property or the preservation of property values in that the project will be consistent with the General Plan and with the Specific Plan. Section 3. APPROVAL The City Council hereby approves the Development Agreement (Exhibit A) and authorizes the Mayor to execute it. Section 4. RECORDATION Within ten (10) days after the Development Agreement is fully executed by all parties, the City Clerk shall submit the Agreement to the County Recorder for recordation. Section 5. EFFECTIVE DATE AND POSTING OF ORDINANCE This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause the Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. Page 2 of3 2- <6S PASSED, APPROVED AND ADOPTED BY the City Council of the City of Dublin, on this 15th day of August 2006 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:\P A#\2005\05-030 Lowe's\CC\CC Ordinance DA.DOC Page 3 of3 RECORDING REQUESTED BY: CITY OF DUBLIN When Recorded Mail To: City Clerk City of Dublin 100 Civic Plaza Dublin. CA 94568 Fee Waived per GC 27383 2~~ Space above this line for Recorder's use DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND LOWE'S HIW, INC. FOR THE LOWE'S HOME IMPROVEMENT STORE PROJECT Exhibit A -to \)d \/) ().J/\(Q,. "2.~1 THIS DEVELOPMENT AGREEMENT (this "Agreement" or this "Development Agreement") is made and entered in the City of Dublin on this _ day of 2006, by and between the CITY OF DUBLIN, a Municipal Corporation (hereafter "CITY") and LOWE'S HIW, Inc., a Washington corporation (hereafter "DEVELOPER") pursuant to the authority of 99 65864 et seq. of the California Government Code and Dublin Municipal Code, Chapter 8.56. CITY and DEVELOPER are, from time-to-time, individually referred to in this Agreement as a "Party," and are collectively referred to as "Parties." RECITALS A. California Government Code 9965864 et seq. ("Development Agreement Statute") and Chapter 8.56 of the Dublin Municipal Code (hereafter "Chapter 8.56") authorize the CITY to enter into a Development Agreement for the development of real property with any person having a legal or equitable interest in such property in order to establish certain development rights in such property. . B. DEVELOPER intends to purchase, desires to develop, and holds an equitable interest in certain real property consisting of approximately 12.24 acres of land, located in the City of Dublin, County of Alameda, State of California, which is more particularly described in Exhibit A attached hereto and incorporated herein by this reference, and which real property is hereafter called the "Property." C. DEVELOPER acquired, or will acquire, its interest in the Property from . Chang Su-O Lin, H. Yao Lin, and H. Lien Lin (the "Lins") indirectly though S and V LLC, a Delaware limited liability company, doing business in California as Stanforth Holding Company, LLC ("Tong") pursuant to separate purchase and sale agreements, which allocated rights and obligations as between the Lins and Tong and then Tong and DEVELOPER. D. The City Council adopted the Eastern Dublin Specific Plan by Resolution No. 53-93 which Plan is applicable to the Property. The Eastern Dublin Specific Plan requires DEVELOPER to enter into a development agreement as a condition of the development of the Property. E. The Property is within Area H, which is subject to a Master Development Agreement between the City of Dublin and the Lins dated June 29,1999 and recorded in Official Records Alameda County on July 8,1999 as Instrument No. 99251790, and a Supplemental Development Agreement between the City of Dublin and the Lins dated April 18, 2000 and recorded in Official Records of Alameda County on November 13, 2000 as Instrument No. 200335772. F. DEVELOPER proposes the development of the Property with a home improvement retail store of approximately 138,135 square feet of ground floor retail and an adjacent garden center of approximately 31,659 square feet (the "Project"). Development Agreement Between City of Dublin and Lowe's HIW. Inc. For the lowe's Home Improvement Store Project Page 1 of 15 2~~ G. DEVELOPER has applied for, and CITY has approved or is processing, various land use approvals in connection with the development of the Project, including, without limitation, a Stage 1 Development Plan for Area H (Ord. No. ); Stage 1 Development Plan Amendment (Ord. No. ); Stage 2 Planned Development Rezone (Ord. No. ); Site Development Review (Planning Commission Resolution No. 06-21); and a vesting tentative parcel map (Planning Commission Resolution No. ). All such approvals collectively, together with any approvals or permits now or hereafter issued with respect to the Project are referred to as the "Project Approvals." H. Development of the Property by DEVELOPER may be subject to certain future discretionary approvals, which, if granted, shall automatically become part of the Project Approvals as each such approval becomes effective. I. Project. CITY desires the timely, efficient, orderly and proper development of the J. The City Council has found that, among other things, this Development Agreement is consistent with its General Plan and the Eastern Dublin Specific Plan and has been reviewed and evaluated in accordance with the Development Agreement Statute and Chapter 8.56. K. CITY and DEVELOPER have reached agreement and desire to express herein a Development Agreement that will facilitate development of the Project subject to conditions set forth herein. L. Pursuant to the California Environmental Quality Act (CEQA) the City Council adopted Resolution No. _ finding that the Project is within the scope of the Final Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan (SCH 91103064) which was certified by the Council by Resolution No. 51-93 and the Addenda dated May 4,1993 and August 22,1994 (the "EIR"). M. Pursuant to CEQA the City Council adopted Resolution No. 34-00 approVing a Mitigated Negative Declaration for Area H (SCH #99112040). N. Pursuant to CEQA the City Council adopted Resolution No. _ approving an Addendum to the EIR, dated June _, 2006, for Area H. O. On , 2006, the City Council of the City of Dublin adopted Ordinance No. approving this Development Agreement ("the Approving Ordinance"). The Approving Ordinance will take effect on ,2006 ("the Approval Date"). NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the mutual promises, obligations and covenants herein contained, CITY and DEVELOPER agree as follows: Development Agreement Between City of Dublin and Lowe's HIW, Inc. For the Lowe's Home Improvement Store Project Page 2 of 15 2~~ AGREEMENT 1. Descriotion of Prooertv. The Property, which is the subject of this Development Agreement, is described in Exhibit A attached hereto. 2. Interest of Develooer. The DEVELOPER has a legal or equitable interest in the Property. 3. Relationshio of CITY and DEVELOPER. It is understood that this Agreement is a contract that has been negotiated and voluntarily entered into by CITY and DEVELOPER and that DEVELOPER is not an agent of CITY. CITY and DEVELOPER hereby renounce the existence of any form of joint venture or partnership between them, and agree that nothing contained herein or in any document executed in connection herewith shall be construed as making CITY and DEVELOPER joint venturers or partners. 4. Effective Date and Term. 4.1 Effective Date. The effective date of this Agreement shall be the date ("the Effective Date") upon which this Agreement is signed by CITY. 4.2 Term. The "Term" of this Development Agreement shall commence on the Approval Date and extend five (5) years thereafter, unless said Term is otherwise terminated or modified by circumstances set forth in this Agreement. 5. Use of the Prooertv. 5.1 Richt to Develoo. DEVELOPER shall have the vested right to develop the Project on the Property in accordance with the terms and conditions of this Agreement, the Project Approvals (as and when issued), and any amendments to any of them as shall, from time to time, be approved pursuant to this Agreement. 5.2 Permitted Uses. The permitted uses of the Property, the density and intensity of use, the maximum height, bulk and size of proposed buildings, provisions for reservation or dedication of land for public purposes and location and maintenance of on-site and off-site improvements, location of public utilities (operated by CITY) and other terms and conditions of development applicable to the Property, shall be those set forth in this Agreement, the Project Approvals and any amendments to this Agreement or the Project Approvals. 5.3 Additional Conditions. Provisions for the following Development Agreement Between City of Dublin and Lowe's HIW, Inc. For the Lowe's Home Improvement Store Project Page 3 of 15 2~o ("Additional Conditions") are set forth in Exhibit B attached hereto and incorporated herein by reference. 5.3.1 Subseouent Discretionary Aoorovals. Conditions, terms, restrictions, and requirements for subsequent discretionary actions. (These conditions do not affect DEVELOPER's responsibility to obtain all other land use approvals required by the ordinances of CITY and any permits required by regulatory agencies.) See Exhibit B. 5.3.2 Mitioation Conditions. Additional or modified conditions agreed upon by the Parties in order to eliminate or mitigate adverse environmental impacts of the Project or otherwise relating to development of the Project. See Exhibit B 5.3.3 Phasina. Timino. Provisions that the Project be constructed in specified phases, that construction shall commence within a specified time, and that the Project or any phase thereof be completed within a specified time. See Exhibit B 5.3.4 Financino Plan. Financial plans which identify necessary capital improvements such as streets and utilities and sources of funding. See Exhibit B 5.3.5 Fees, Dedications. Terms relating to payment of fees or dedication of property. See Exhibit B 5.3.6 Reimbursement. Terms relating to subsequent reimbursement over time for financing of necessary public facilities. See Exhibit B 5.3.7 Miscellaneous. Miscellaneous terms. See Exhibit B Development Agreement Between City of Dublin and Lowe's HIW, Inc. For the Lowe's Home Improvement Store Project Page 4 of 15 Z t:q 6. Aoolicable Rules. Reaulations and Official Policies. 6.1 Rules re Permitted Uses. For the term of this Agreement, CITY's ordinances, resolutions, rules, regulations and official policies governing the permitted uses of the Property, governing density and intensity of use of the Property and the maximum height, bulk and size of proposed buildings shall be those in force and effect on the Approval Date. 6.2 Rules re Desion and Construction. Unless otherwise expressly provided in Paragraph 5 of this Agreement or in Chapter 7.28 of the Dublin MuniCipal Code, the ordinances, resolutions. rules, regulations and official policies governing design, improvement and construction standards and specifications applicable to Project construction (but not use) shall be those in force and effect at the time DEVELOPER submits its application for the relevant building, grading, or other construction permits to CITY. In the event of a conflict between such ordinances, resolutions, rules, regulations and official policies and the Project Approvals, the Project Approvals shall prevail. For construction of public infrastructure, the ordinances, resolutions, rules, regulations and official policies governing design, improvement and construction standards and specifications applicable to Project shall be those in force and effect at the time of execution of an improvement agreement between CITY and DEVELOPER pursuant to Chapter 9.16 of the Dublin Municipal Code. 6.3 Buildino Standards Codes Aoolicable. Unless expressly provided in Paragraph 5 of this Agreement or in Chapter 7.28 of the Dublin Municipal Code, the Project shall be constructed in accordance with the provisions of the Building, Mechanical, Plumbing, Electrical and Fire Codes and Title 24 of the California Code of Regulations, relating to Building Standards, in effect at the time DEVELOPER submits its application for the relevant building, grading, or other construction permits for the Project to CITY. 7. Subseauentlv Enacted Rules and Reaulations. 7.1 New Rules and Reaulations. During the Term of this Agreement, CITY may apply new or modified ordinances, resolutions, rules, regulations and official policies of CITY to the Property that were not in force and effect on the Approval Date and which are not in conflict with those applicable to the Property as set forth in this Agreement and the Project Approvals if: (a) the application of such new or modified ordinances, resolutions, rules, regulations or official policies would not prevent, impose a substantial financial burden on, or materially delay development of the Property, as otherwise contemplated by the Project Approvals, and (b) such ordinances, resolutions, rules, regulations or official policies have general (City-wide) applicability . 7.2 Aooroval of Aoolication. Nothing in this Agreement shall Development Agreement Between City of Dublin and Lowe's HIW, Inc. For the Lowe's Home Improvement Store Project Page 5 of 15 ~~2- prevent CITY from denying or conditionally approving any subsequent land use permit or authorization for the Project on the basis of such new or modified ordinances, resolutions, rules, regulations and policies, except that such subsequent actions shall be subject to any conditions, terms, restrictions, and requirements expressly set forth herein. 7.3 Moratorium Not Aoolicable. Notwithstanding anything to the contrary contained herein, in the event an ordinance, resolution or other measure is enacted, whether by action of CITY, by initiative, referendum, or otherwise, that imposes a building moratorium which affects the Project on all or any part of the Property, CITY agrees that such ordinance, resolution or other measure shall not apply to the Project, the Property, this Agreement or the Project Approvals unless the building moratorium is imposed as part of a declaration of a local emergency or state of emergency as defined in Government Code 98558. 7.4 Richts Under Vestinc Tentative Mao. Notwithstanding anything to the contrary contained herein, this Agreement shall not supercede any rights DEVELOPER may obtain pursuant to CITY's approval of the vesting tentative map for the Project. 8. Subsecuentlv Enacted or Revised Fees, Assessments and Taxes. 8.1 Fees. Exactions, Dedications. CITY and DEVELOPER agree that the fees payable and exactions required in connection with the development of the Project Approvals for purposes of mitigating environmental and other impacts of the Project, providing infrastructure for the Project and complying with the Specific Plan shall be those set forth in the Project Approvals and in this Agreement (including Exhibit ID. CITY shall not impose or require payment of any other fees, dedications of land, or construction of any public improvement or facilities, shall not increase or accelerate existing fees, dedications of land or construction of public improvements, in connection with any SUbsequent discretionary approval for the Property, except as set forth in the Project Approvals and this Agreement (including Exhibit B, subparagraph 5.3.5). 8.2 Revised Aoolication Fees. Any existing application, processing and inspection fees that are revised during the Term of this Agreement shall apply to the Project provided that (1) such fees have general applicability: (2) the application of such fees to the Property is prospective; and (3) the application of such fees would not prevent development in accordance with this Agreement. 8.3 New Taxes. Any subsequently enacted City-wide taxes shall apply to the Project provided that: (1) the application of such taxes to the Property is prospective; and (2) the application of such taxes would not prevent development in accordance with this Agreement. 8.4 Assessments. Nothing herein shall be construed to relieve the Property from assessments levied against it by CITY pursuant to any statutory Development Agreement Between City of Dublin and Lowe's HIW, Inc. For the Lowe's Home Improvement Store Project Page 6 of 15 -z4P procedure for the assessment of property to pay for infrastructure and/or services that benefit the Property. 8.5 Vote on Future Assessments and Fees. In the event that any assessment, fee or charge that is applicable to the Property is subject to Article XIIID of the California Constitution and DEVELOPER does not return its ballot, DEVELOPER agrees, on behalf of itself and its successors, that CITY may count DEVELOPER's ballot as affirmatively voting in favor of such assessment, fee or charge. 9. Amendment or Cancellation. 9.1 Modification Because of Conflict with State or Federal Laws. In the event that state or federal laws or regulations enacted after the Effective Date of this Agreement prevent or preclude compliance with one or more provisions of this Agreement or require changes in plans, maps or permits approved by CITY, the Parties shall meet and confer in good faith in a reasonable attempt to modify this Agreement to comply with such federal or state law or regulation. Any such amendment or suspension of the Agreement shall be approved by the City Council of CITY in accordance with Chapter 8.56. 9.2 Amendment bv Mutual Consent. This Agreement may be amended in writing from time to time by mutual consent of the Parties hereto and in accordance with the procedures of California law and Chapter 8.56. 9.3 Insubstantial Amendments. Notwithstanding the provisions of the preceding Paragraph 9.2, any amendments to this Agreement which do not relate to (a) the term of the Agreement as provided in Paragraph 4.2; (b) the permitted uses of the Property as provided in Paragraph 5.2; (c) provisions for "significant" reservation or dedication of land as provided in Exhibit B; (d) conditions, terms. restrictions or requirements for subsequent discretionary actions; (e) the density or intensity of use of the Project; (f) the maximum height or size of proposed buildings; or (g) monetary contributions by DEVELOPER as provided in this Agreement, shall not, except to the extent otherwise required by law, require notice or public hearing before either the Planning Commission of CITY or the City Council of CITY before the parties may execute an amendment hereto. CITY's Public Works Director shall determine whether a reservation or dedication is "significant". 9.4 Cancellation bv Mutual Consent. Except as otherwise permitted herein, this Agreement may be canceled in whole or in part only by the mutual consent of the Parties or their successors in interest, in accordance with the provisions of Chapter 8.56. Any fees paid pursuant to Paragraph 5.3 and Exhibit B of this Agreement prior to the date of cancellation shall be retained by CITY. Development Agreement Between City of Dublin and Lowe's HIW, Inc. For the Lowe's Home Improvement Store Project Page 7 of 15 2&1* 10. Term of Proiect Aoorovals. The Term of any Project Approval shall be extended only if so provided in Exhibit B. 11. Annual Review. 11.1 Review Date. The annual review date for this Agreement shall be between July 15 and August 15, 2007 and each July 15 to August 15 thereafter during the Term. 11 .2 Initiation of Review. CITY's Community Development Director shall initiate the annual review, as required under Section 8.56.140 of Chapter 8.56, by giving to DEVELOPER thirty (30) days' written notice that CITY intends to undertake such review. DEVELOPER shall provide evidence to the Community Development Director prior to the hearing on the annual review, as and when reasonably determined necessary by the Community Development Director, to demonstrate good faith compliance with the provisions of this Development Agreement. The burden of proof by substantial evidence of compliance is upon DEVELOPER. 11.3 Staff Reoorts. To the extent practical, CITY shall deposit in the mail and fax to DEVELOPER a copy of all staff reports, and related exhibits concerning contract performance at least five (5) days prior to any annual review. 11 .4 Costs. Costs reasonably incurred by CITY in connection with the annual review shall be paid by DEVELOPER in accordance with the City's schedule of fees in effect at the time of review. 12. Default. 12.1 Other Remedies Available. Upon the occurrence of an event of default, the Parties may pursue all other remedies at law or in equity that are not otherwise provided for in this Agreement or in CITY's regulations governing development agreements, expressly including the remedy of specific performance of this Agreement. 12.2 Notice and Cure. Upon the occurrence of an event of default by any Party, the nondefaulting Party shall serve written notice of such default upon the defaulting Party. If the default is not cured by the defaulting Party within thirty (30) days after service of such notice of default, the nondefaulting Party may then commence any legal or equitable action to enforce its rights under this Agreement; provided, however, that if the default cannot be cured within such thirty (30) day period, the nondefaulting Party shall refrain from any such legal or equitable action so long as the defaulting Party begins to cure such default within such thirty (30) day period and diligently pursues such cure to completion. Failure to give notice shall not constitute a waiver of any default. Development Agreement Between City of Dublin and Lowe's HIW, Inc. For the Lowe's Home Improvement Store Project Page 8 of 15 2~~ 12.3 No Damaaes Aaainst CITY. In no event shall damages be awarded against CITY upon an event of default or upon termination of this Agreement. 13. Estoooel Certificate. Any Party may, at any time, and from time to time, request written notice from the other Party requesting such Party to certify in writing that, (a) this Agreement is in full force and effect and a binding obligation of the Parties, (b) this Agreement has not been amended or modified, either orally or in writing, or if so amended, identifying the amendments, and (c) to the knowledge of the certifying Party the requesting Party is not in default in the performance of its obligations under this Agreement, or if in default, to describe therein the nature and amount of any such defaults. A Party receiving a request hereunder shall execute and return such certificate within thirty (30) days following the receipt thereof, or such longer period as may reasonably be agreed to by the Parties. City Manager of CITY shall be authorized to execute any certificate requested by DEVELOPER. Should the Party receiving the request not execute and return such certificate within the applicable period, such failure shall not be deemed to be a default under this Agreement; provided, however, such Party shall be deemed to have certified that the statements in clauses (a) through (c) of this section are true, and any Party may rely on such deemed certification. 14. Mortaaaee Protection: Certain Riahts of Cure. 14.1 Mortaaaee Protection. This Agreement shall be superior and senior to any lien placed upon the Property, or any portion thereof after the date of recording this Agreement, including the lien for any deed of trust or mortgage ("Mortgage"). Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith and for value, but all the terms and conditions contained in this Agreement shall be binding upon and effective against any person or entity, including any deed of trust beneficiary or mortgagee ("Mortgagee") who acquires title to the Property, or any portion thereof, by foreclosure, trustee's sale, deed in lieu of foreclosure, or otherwise. 14.2 Mortaaaee Not Obliaated. Notwithstanding the provisions of Paragraph 14.1 above, no Mortgagee shall have any obligation or duty under this Agreement, before or after foreclosure or a deed in lieu of foreclosure, to construct or complete the construction of improvements, or to guarantee such construction of improvements, or to guarantee such construction or completion, or to pay, perform or proVide any fee, dedication, improvements or other exaction or imposition; provided, however, that a Mortgagee shall not be entitled to devote the Property to any uses or to construct any improvements thereon other than those uses or improvements provided for or authorized by the Project Approvals or by this Agreement. 14.3 Notice of Default to Mortaaaee and Extension of Riaht to Cure. If CITY receives notice from a Mortgagee requesting a copy of any notice of Development Agreement Between City of Dublin and Lowe's HIW, Inc. For the Lowe's Home Improvement Store Project Page 9 of 15 2~l., default given DEVELOPER hereunder and specifying the address for service thereof, then CITY shall deliver to such Mortgagee, concurrently with service thereon to DEVELOPER, any notice given to DEVELOPER with respect to any claim by CITY that DEVELOPER has committed an event of default. Each Mortgagee shall have the right during the same period available to DEVELOPER to cure or remedy, or to commence to cure or remedy, the event of default claimed set forth in the CITY's notice. CITY, through its City Manager, may extend the thirty-day cure period provided in Paragraph 12.2 for not more than an additional Sixty (60) days upon request of DEVELOPER or a Mortgagee. 15. Severabilitv. The unenforceability, invalidity or illegality of any provisions, covenant, condition or term of this Agreement shall not render the other provisions unenforceable, invalid or illegal. 16. Attornevs' Fees and Costs. If CITY or DEVELOPER initiates any action at law or in equity to enforce or interpret the terms and conditions of this Agreement, the prevailing Party shall be entitled to recover reasonable attorneys' fees and costs in addition to any other relief to which it may otherwise be entitled. If any person or entity not a party to this Agreement initiates an action at law or in equity to challenge the validity of any provision of this Agreement or the Project Approvals, the Parties shall cooperate and appear in defending such action. DEVELOPER shall bear its own costs of defense as a real party in interest in any such action, and DEVELOPER shall reimburse CITY for all reasonable court costs and attorneys' fees expended by CITY in defense of any such action or other proceeding. 17. Transfers and Assianments. 17.1 DEVELOPER's Richt to Assian. All of DEVELOPER'S rights, interests and obligations hereunder may be transferred, sold or assigned in conjunction with the transfer, sale, or assignment of the Property subject hereto, or any portion thereof, at any time during the Term of this Agreement, provided that no transfer, sale or assignment of DEVELOPER's rights, interests and obligations hereunder shall occur without the prior written notice to CITY and approval by the City Manager of CITY, which approval shall not be unreasonably withheld or delayed. The City Manager shall consider and decide the matter within ten (10) working days after DEVELOPER's notice is given to CITY and receipt by City Manager of all necessary documents, certifications and other information required by City Manager to decide the matter. In considering the request, the City Manager shall base the decision upon the proposed assignee's reputation, experience, financial resources and access to credit and capability to successfully carry out the development of the Property to completion. The City Manager's approval shall be for the purposes of: (a) providing notice to CITY; (b) assuring that all obligations of DEVELOPER are fully allocated as between Development Agreement Between City of Dublin and Lowe's HIW,lnc. For the Lowe's Home Improvement Store Project Page 10 of 15 "2'11 DEVELOPER and the proposed purchaser, transferee or assignee; and (c) assuring CITY that the proposed purchaser, transferee or assignee is capable of performing DEVELOPER's obligations hereunder not withheld by DEVELOPER pursuant to Paragraph 17.3. Notwithstanding the foregoing, provided notice is given as specified in Paragraph 23, no CITY approval shall be required for any transfer, sale, or assignment of this Agreement to: (1) any entity which either (i) is an affiliate or subsidiary of DEVELOPER or (ii) results from the merger of DEVELOPER or its parent or is the purchaser of all, or substantially all, of the assets of DEVELOPER or its parent; (2) any Mortgagee; or (3) any transferee of a Mortgagee. 17.2 Release Uoon Transfer. Upon the transfer, sale, or assignment of all of DEVELOPER's rights, interests and obligations hereunder pursuant to Paragraph 17.1 of this Agreement, DEVELOPER shall be released from the obligations under this Agreement, with respect to the Property transferred, sold, or assigned, arising subsequent to the date of City Manager approval of such transfer, sale, or assignment; provided, however, that if any transferee, purchaser, or assignee approved by the City Manager expressly assumes all of the rights, interests and obligations of DEVELOPER under this Agreement, DEVELOPER shall be released with respect to all such rights, interests and assumed obligations. In any event, the transferee, purchaser, or assignee shall be subject to all the provisions hereof and shall provide all necessary documents, certifications and other necessary information prior to City Manager approval. 17.3 Develooer's Riaht to Retain Soecified Riahts or Obliaations. Notwithstanding Paragraphs 17.1 and 17.2 and Paragraph 18, DEVELOPER may withhold from a sale, transfer or assignment of this Agreement certain rights, interests and/or obligations which DEVELOPER shall retain, provided that DEVELOPER specifies such rights, interests and/or obligations in a written document to be appended to this Agreement and recorded with the Alameda County Recorder prior to the sale, transfer or assignment of the Property. DEVELOPER's purchaser, transferee or assignee shall then have no interest or obligations for such rights, interests and obligations and this Agreement shall remain applicable to DEVELOPER with respect to such retained rights, interests and/or obligations. 18. Aareement Runs with the Land. All of the provisions, rights, terms, covenants, and obligations contained in this Agreement shall be binding upon the Parties and their respective heirs, successors and assignees, representatives, lessees, and all other persons acquiring the Property, or any portion thereof, or any interest therein, whether by operation of law or in any manner whatsoever. All of the provisions of this Agreement shall be enforceable as equitable servitude and shall constitute covenants running with the land pursuant to applicable laws, including, but not limited to, Section 1468 of the Civil Code of the State of California. Each covenant to do, or refrain from doing, some act on the Property hereunder, or with respect to any owned property, (a) is for the benefit of such properties and is a burden upon such properties, (b) runs with such Development Agreement Between City of Dublin and Lowe's HIW, Inc. For the Lowe's Home Improvement Store Project Page 11 of 15 Z&r~ properties, and (c) is binding upon each party and each successive owner during its ownership of such properties or any portion thereof, and shall be a benefit to and a burden upon each party and its property hereunder and each other person succeeding to an interest in such properties. 19. Bankruotcv. The obligations of this Agreement shall not be dischargeable in bankruptcy. 20. Indemnification. DEVELOPER agrees to indemnify, defend and hold harmless CITY, and its elected and appointed councils, boards, commissions, officers, agents, employees, and representatives from any and all claims, costs (including legal fees and costs) and liability for any personal injury or property damage which may arise directly or indirectly as a result of any actions or inactions by DEVELOPER, or any actions or inactions of DEVELOPER's contractors, subcontractors, agents, or employees in connection with the construction, improvement, operation, or maintenance of the Project, provided that DEVELOPER shall have no indemnification obligation with respect to negligence or wrongful conduct of CITY, its contractors, subcontractors, agents or employees or with respect to the maintenance, use or condition of any improvement after the time it has been dedicated to and accepted by the CITY or another public entity (except as provided in an improvement agreement or maintenance bond). If CITY is named as a party to any legal action, CITY will cooperate with DEVELOPER, will appear in such action and will not unreasonably withhold approval of a settlement otherwise acceptable to DEVELOPER. 21. Insurance. 21.1 Public Liabilitv and Prooertv Damace Insurance. At all times that DEVELOPER is constructing any improvements that will become publiC improvements, DEVELOPER shall maintain in effect a policy of comprehensive general liability insurance with a per-occurrence combined single limit of not less than one million dollars ($1,000,000.00) and a deductible of not more than ten thousand dollars ($10,000.00) per claim. The policy so maintained by DEVELOPER shall name the CITY as an additional insured and shall include either a severability of interest clause or cross-liability endorsement. 21.2 Workers Comoensation Insurance. At all times that DEVELOPER is constructing any improvements that will become public improvements, DEVELOPER shall maintain Worker's Compensation insurance for all persons employed by DEVELOPER for work at the Project site. DEVELOPER shall require each contractor and subcontractor similarly to provide Worker's Compensation insurance for its respective employees. DEVELOPER agrees to indemnify the City for any damage resulting from DEVELOPER's failure to maintain any such insurance. Development Agreement Between City of Dublin and Lowe's HIW, Inc. For the Lowe's Home Improvement Store Project Page 12 of 15 2"rq 21.3 Evidence of Insurance. Prior to commencement of construction of any improvements which will become public improvements, DEVELOPER shall furnish CITY satisfactory evidence of the insurance required in Paragraphs 21.1 and 21 .2 and evidence that the carrier is required to give CITY at least fifteen days prior written notice of the cancellation or reduction in coverage of a policy. The insurance shall extend to CITY, its elective and appointive boards, commissions, officers, agents, employees and representatives and to DEVELOPER performing work on the Project. 21.4 Self-Insurance. Notwithstanding any other provision of this Agreement, so long as DEVELOPER and its parent corporation have a combined net worth of at least Two Hundred Fifty Million Dollars ($250,000,000.00), the insurance that DEVELOPER is obligated hereby to maintain may include such deductible or self- insured amount not to exceed five million dollars ($5,000,000.00). To the extent that DEVELOPER elects to so self-insure, its obligation to CITY with respect to such insurance obligations, including the obligation to defend and indemnify, shall be the same as if DEVELOPER is a third party insurer. 22. Sewer and Water. DEVELOPER acknowledges that it must obtain water and sewer permits from the Dublin San Ramon Services District ("DSRSD") which is another public agency not within the control of CITY. 23. Notices. All notices required or provided for under this Agreement shall be in writing. Notices required to be given to CITY shall be addressed as follows: City Manager City of Dublin 100 Civic Plaza Dublin, CA 94568 Fax: (925) 833-6651 Notice required to be given to DEVELOPER shall be addressed as follows: Lowe's HIW, Inc., 1530 Faraday Avenue, #140 Carlsbad, CA 92008 Attn: Bob MidkifflThomas E. Maddox, Esq. Fax: (760) 602-8421 A Party may change address by giving notice in writing to the other Party and thereafter Development Agreement Between City of Dublin and Lowe's HIW, Inc. For the Lowe's Home Improvement Store Project Page 13 of 15 3cc all notices to such Party shall be addressed and transmitted to the new address. Notices shall be deemed given and received upon personal delivery, or if mailed, upon the expiration of 48 hours after being deposited in the United States Mail. Notices may also be given by overnight courier, which shall be deemed given the following day, or by facsimile transmission, which shall be deemed given upon verification of receipt. 24. Recitals. The foregoing Recitals are true and correct and are made a part hereof. 25. Aoreement is Entire Understandina. of the Parties. This Agreement constitutes the entire understanding and agreement 26. Exhibits. The fallowing documents are referred to in this Agreement and are attached hereto and incorporated herein as though set forth in full: Exhibit A Legal Description of Property Exhibit B Additional Conditions 27. Counteroarts. This Agreement is executed in two (2) duplicate originals, each of which is deemed to be an original. 28. Recordation. CITY shall record a copy of this Agreement within ten days following execution by all parties. Failure of CITY to comply with this Paragraph shall not affect the rights and obligations of the Parties under this Agreement. 29. Leaal Authoritv. Each individual executing this Agreement on behalf of Developer hereby represents and warrants that has full power and authority under the entity's governing documents to execute and deliver this Agreement in the name of and on behalf of the company and to cause the entity to perform its obligations under this Agreement. 30. DEVELOPERfTono. CITY acknowledges that certain of the obligations imposed on DEVELOPER and the Project hereby shall be performed by Development Agreement Between City of Dublin and Lowe's HIW, Inc. For the Lowe's Home Improvement Store Project Page 14 of 15 301 Tong (or a Tong affiliate) pursuant to certain agreements made between DEVELOPER and Tong (or a Tong affiliate) and CITY agrees that such performance by Tong (or a Tong affiliate) shall not be a default under this Agreement; provided, however, as between CITY and DEVELOPER, DEVELOPER remains fully liable for the performance of each and every obligation imposed on DEVELOPER and the Project hereby. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the date and year first above written. CITY OF DUBLIN: Date: By: Janet Lockhart, Mayor Attest: By: Fawn Holman, City Clerk Date: Appr.oved as to Form: Elizabeth H. Silver, City Attorney Lowe's HIW, Inc., a Washington Corporation ,/'1,{( ~ (. y': f' By: ,,,,,,- I C lAt. -'!. l L. .s:. k ~ l fJ Its: \J \ U, """e{'\ ~~VI.~- Approved as to Form: d~J?' ~ BY:iln..",,,,,^ Ii'; i~ /1,.-......J J<.:lX Its: A.u,..J! ,",,,,(- (-)~~_to..l ( ':'_~1..r.t ( Development Agreement Between City of Dublin and Lowe's HIW, Inc. For the Lowe's Home Improvement Store Project Page 15 of 15 30 "2- Exhibit A Property Description 30> Exhibit B Additional Conditions The following Additional Conditions are hereby imposed pursuant to Paragraph 5.3 above. SUbDaragraph 5.3.1 - Subseauent Discretionary ADprovals None. SubDaragraDh 5.3.2 -- Mitiaation Conditions Subsection a. Infrastructure Seauencing Proaram The Infrastructure Sequencing Program for the Project is set forth below. (i) Roads: The project-specific roadway improvements (and offers of dedication) identified in Planning Commission Resolution No. 06-_ approving a vesting tentative map (the "VTM Resolution") and Planning Commission Resolution No. 06-21 approving Site Development Review (the "SDR Resolution") shall be completed by DEVELOPER to the satisfaction and requirements of the Public Works Director at the times and in the manner specified in the VTM Resolution and SDR Resolution unless otherwise provided below. (ii) Sewer All sanitary sewer improvements to serve the project site (or any recorded phase of the Project) shall be completed in accordance with DSRSD requirements. (iii) Water An all-weather roadway and an approved hydrant and water supply system shall be available and in service at the site in accordance with the SDR conditions of approval to the satisfaction and requirements of CITY's fire department. All potable water system components to serve the project site (or any recorded phase of the Project) shall be completed in accordance with DSRSD requirements. Recycled water lines shall be installed in accordance with the SDR conditions of approval. Development Agreement Between City of Dublin and Lowe's HIW, Inc. for the Lowe's Home Improvement Store Project - EXHIBIT B Page 1 of 7 ?>Dt (iv) Storm Drainaae Prior to issuance of the first Certificate of Occupancy for any building which is part of the Project, the storm drainage systems off site, as well as on-site drainage systems to the areas to be occupied, shall be improved to the satisfaction and requirements of the Dublin Public Works Department applying CITY's and Zone 7 (Alameda County Flood Control and Water Conservation District, Zone 7) standards and policies which are applicable. Pursuant to Alameda County's National Pollution Discharges Elimination Permit (NPDES) No. CAS0029831 with the California Regional Water Quality Control Board, 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. (v) Other Utilities (e.a. aas. electricity. cable televisions. teleDhone) Construction of other utilities shall be complete by phase prior to issuance of the first Certificate of Occupancy for any building within that specific phase of development. Subsection b. Miscellaneous (i) Completion Mav be Deferred. Notwithstanding the foregoing, CITY's Public Works Director may, in his or her sole discretion and upon receipt of documentation in a form satisfactory to the Public Works Director that assures completion, allow DEVELOPER to defer completion of discrete portions of any of the public improvements required for the Project until after issuance of Certificate of Occupancy for the first building for the Project if the Public Works Director determines that to do so would not jeopardize the public health, safety or welfare. SubDaraaraDh 5.3.3 - Phasina. Timlna This Agreement contains no requirements that DEVELOPER must initiate or complete development of the Project within any period of time set by CITY. It is the intention of this provision that DEVELOPER be able to develop the Property in accordance with its own time schedules and the Project Approvals. Subparaaraph 5.3.4 -- Flnancina Plan DEVELOPER will install all improvements necessary for the Project at its own cost (subject to credits for any improvements that qualify for credits as provided in Subparagraph 5.3.6 below), unless otherwise required by this Agreement. Development Agreement Between City of Dublin and Lowe's HIW, Inc. for the Lowe's Home Improvement Store Project - EXHIBIT B Page 2 of 7 ~o~ Other infrastructure necessary to provide sewer, potable water, and recycled water services to the Project will be made available by the DSRSD. DEVELOPER will enter into an "Area Wide Facilities Agreement" with the DSRSD to pay for the cost of extending such services to the Project. Such services shall be provided as set forth in Subparagraph 5.3.2(a)(ii) and (iii) above. Subparagraph 5.3.5 -- Fees, Dedications Subsection a. Traffic Impact Fees. Developer shall pay the Eastern Dublin Traffic Impact Fee ("TIP') established by Resolution No. 111-04, including any future amendments to such fee. Developer will pay such fees no later than the time of issuance of building permits and in the amount of the impact fee in effect at time of building permit issuance. Developer further agrees that it will pay eleven percent (11 %) of the "Section 1/Category 1" portion of the TIF in cash. Developer also agrees that it will pay twenty-five percent (25%) of the "Section 21Category 2" portion of the TIF in cash. If City amends its TIF fee and as a result the City's outstanding balance due on loans is less than twenty-five percent (25%) of total Section 21Category 2 improvements, the Developer shall pay such reduced percentage of the "Section 21Category 2" portion of the TIF in cash. Subsection b. Traffic Impact Fee to Reimburse Pleasanton for Freewav Interchanaes. DEVELOPER shall pay an Eastern Dublin 1-580 Interchange Fee in the amounts and at the times set forth in City of Dublin Resolution No. 155-98, or in the amounts and at the times set forth in any resolution revising the amount of the Eastern Dublin 1-580 Interchange Fee. Subsection c. Public Facilities Fees. DEVELOPER shall pay a Public Facilities Fee established by City of Dublin Resolution No. 214-02, including any future amendments to such fee. DEVELOPER will pay such fees no later than the time of issuance of building permits and in the then-current amount of the fee. Development Agreement Between City of Dublin and Lowe's HIW, Inc. for the Lowe's Home Improvement Store Project - EXHIBIT B Page 3 of 7 30~ Subsection d. Noise Mltlaation Fee. DEVELOPER shall pay a Noise Mitigation Fee established by City of Dublin Resolution No. 33.96, including any future amendments to such fee. DEVELOPER will pay such fees no later than the time of issuance of building permits and in the amount of the fee in effect at time of building permit issuance. Subsection e. School Impact Fees. School impact fees shall be paid by DEVELOPER in accordance with Government Code section 53080 and the existing agreement between DEVELOPER's predecessor in interest and the Dublin Unified School District. Subsection 1. Fire Impact Fees. DEVELOPER shall pay a fire facilities fee established by City of Dublin Resolution No. 12-03 including any future amendments to such fee. DEVELOPER will pay such fees no later than the time of issuance of building permits and in the amount of the fee in effect at time of building permit issuance. Subsection a. Trl-Vallev Transportation Development Fee. DEVELOPER shall pay the Tri-Valley Transportation Development Fee in the amount and at the times set forth in City of Dublin Resolution No. 89-98 or any subsequent resolution which revises such fee. DEVELOPER will pay such fees no later than the time of issuance of building permits and in the amount of the impact fee in effect at time of building permit issuance. Subparaaraph 5.3.6 -- Credit Subsection a. Traffic Impact Fee Improvements Credit CITY shall provide a credit to DEVELOPER for those improvements described in the resolution establishing the Eastern Dublin Traffic Impact Fee if such improvements are constructed by the DEVELOPER in their ultimate location pursuant this Agreement. All aspects of credits shall be governed by CITY's then-current Administrative Guidelines regarding credits. Subsection b. Traffic Impact Fee Riaht-ot-Wav Dedications Credit CITY shall provide a credit to DEVELOPER for any TIF area right-of-way dedicated by DEVELOPER to CITY that is required for improvements that are described in the resolution establishing the Eastern Dublin Traffic Impact Fee. All aspects of credits shall be governed by CITY's then.current Administrative Guidelines regarding credits. Development Agreement Between City of Dublin and lowe's HIW, Inc. for the Lowe's Home Improvement Store Project - EXHIBIT B Page 4 of 7 301 SubDaraaraDh 5.3.7 - Miscellaneous Subsection a. Landscape Maintenance DEVELOPER agrees to comply with the following condition: Condition 26 of Planning Commission Resolution No. 06-21 reads as follows: In the event that DEVELOPER ceases or reduces operations on the Property, DEVELOPER shall continue to comply with Conditions No. 29 through No. 42 related to Landscaping, and Condition No. 24 related to Trash and Waste Accumulation. The requirements of this subsection shall survive the termination of this Agreement. Subsection b. Northslde Drive Access Riahts. DEVELOPER agrees to comply with the following condition: The Owner shall relinquish the abutter's access rights to Northside Drive in favor of the CITY at the time Caltrans acquires Northside Drive for freeway purposes. This requirement shall be shown on the final parcel map. The requirements of this subsection shall survive the termination of this Agreement. Subsection c. Maintenance of Outdoor Soaces. DEVELOPER shall maintain the outdoor areas of its property in compliance with the conditions set forth below. Trash Compactor. At no time shall boxes, pallets or any other item be stored outside of the trash compactor area or the staging area or in any location where these items may be visible. Stacked Items. At no time shall any material or item be 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. Parking Lot Sales. Development Agreement Between City of Dublin and Lowe's HIW, Inc. for the Lowe's Home Improvement Store Project - EXHIBIT B Page 5 of 7 308' Any outside events, including promotional sales and Christmas tree sales, shall be subject to the Temporary Use Permit requirements contained in the City of Dublin Municipal Code, specifically Section 8.108.020. Trash and Waste Accumulation. The applicant or any future owner shall provide and conduct maintenance of the site at least once daily, in order to eliminate and control the accumulation of trash, excess/waste materials and debris. Access. The outdoor display area at no time should block or impede the ingress or egress or disabled access areas. A clear space from the building faoade to the parking area shall be maintained at all times. This clear space is required for the width of the exiting system. Storage of Items. At no time shall the outdoor display area be used to store any items. This outdoor display area shall only be used for the display of items that are available for sale inside the store. Building Materials. At no time shall building materials such as drywall, plywood, blocks, bricks, roofing materials or any other similar item be located in the outdoor display area. Landscape Materials. At no time shall landscape materials such as soil, fertilizer, mulch, gravel or any other similar item be located in the outdoor display area. This condition does not apply to plant materials such as trees, shrubs, flowers or any other similar item. Storage Bulldings~ At no time shall storage buildings, accessory structures or sheds be located in the outdoor display area. Screening. Screening of the outdoor display area shall also be provided. The low walls and trees shall be maintained and shall not be removed for the life of the building or the display of items unless the removal has been approved by the Conditional Use Permit. Development Agreement Between City of Dublin and Lowe's HIW, Inc. for the Lowe's Home Improvement Store Project - EXHIBIT B Page 6 of 7 3 Ocr No trees along the front of the building shall be removed unless the tree will be replaced with the same species. Notwithstanding Paragraph 12.2 of the Agreement, if a default of the requirements of this subsection is not cured by the DEVELOPER within 24 hours after service of written notice of default, the CITY may then commence any legal or equitable action to enforce its rights under this Agreement. The requirements of this subsection shall survive the termination of this Agreement. Subsection d. Public Art. DEVELOPER agrees to comply with the following conditions. Condition 130 of the Planning Commission Resolution No. 06-21 is revised to read as follows: Public Art Contribution. Pursuant to the Public Art Master Plan, the Applicant/owner shall install a publiC art piece on the property as shown on the project plans or shall pay the Public Art in- lieu fee. If the Applicant/owner elects to provide a Public Art piece on-site, the Applicant/owner shall submit plans for Public Art for review an 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 five-tenths percent (0.5%) of the Building Valuation (exclusive of land) 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. Condition 131 of the Planning Commission Resolution No. 06-21 reads as follows: Public Art and Access Easements. If the Applicant/owner elects to pay the Public Art in-lieu fee, the 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. The requirements of this subsection shall survive the termination of this Agreement. Development Agreement Between City of Dublin and Lowe's HIW, Inc. for the Lowe's Home Improvement Store Project - EXHIBIT B Page 7 of 7 3 I'D RESOLUTION NO. 06 - 24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT A CEQA ADDENDUM FOR A STAGE I DEVELOPMENT PLAN AMENDMENT, STAGE 2 PLANNED DEVELOPMENT REZONE AND SITE DEVELOPMENT REVIEW FOR THE GRAFTON STATION SHOPPING CENTER LOCATED AT THE SOUTHWEST CORNER OF DUBLIN BOULEVARD AND GRAFTON STREET AND BORDERED BY DUBLIN BOULEVARD AND NORTH SIDE DRIVE IN AREA H OF DUBLIN RANCH (APN 985-0036-009) P A 05-030 WHEREAS, James Tong, on behalf of Chang Su-O-Lin, H. Yao Lin and H. Lien Lin, has requested a Stage 1 Development Plan Amendment, Stage 2 Planned Development Rezone, Development Agreement and Site Development Review for the Grafton Station Shopping Center located in a portion of Dublin Ranch Planning Area H, which applications are on file in the Planning Division. These applications are collectively referred to herein as "the Project" or "Grafton Station"; and WHEREAS, Grafton Station consists of approximately 29.2 acres encompassing a portion of Dublin Ranch Planning Area H located at the southwest corner of Dublin Boulevard and Grafton Street and bordered by Dublin Boulevard to the north and Northside Drive to the south, in the Eastern Dublin Specific Plan area; and WHEREAS, the Project is within the General Plan Eastern Extended Planning Area and the Eastern Dublin Specific Plan area, for which a Program Environmental Impact Report (EIR) was certified pursuant to the California Environmental Quality Act (CEQA) by the City Council by Resolution No. 51- 93 and the Addenda dated May 4, 1993 and August 22, 1994 (the "Eastern Dublin EIR") (SCH 91103064). The Eastern Dublin EIR identified significant unavoidable impacts from development of the Eastern Dublin area, some of which would apply to the Project; and WHEREAS, the Project area is located in a portion of Dublin Ranch Planning Area H for which the City Council previously approved a Mitigated Negative Declaration on February 15, 2000, entitled and hereinafter referred to as the "1999 Mitigated Negative Declaration" (Resolution No. 34-00 incorporated herein by reference); and WHEREAS, the City Council previously approved a General Plan/Eastern Dublin Specific Plan Amendment for Area H on March 7, 2000 (Resolution No. 35-00 incorporated herein by reference); and WHEREAS, the City Council previously adopted an Ordinance approving a Stage 1 Development Plan on March 21,2000 for Dublin Ranch Planning Area H (Ordinance No. 6-00, incorporated herein by reference); and WHEREAS, the City prepared an Initial Study to determine if additional review of the current Project was required pursuant to CEQA Guidelines section 15162. The Initial Study, dated June 2006 is attached as Exhibit A and incorporated herein by reference. Based on the Initial Study, the City prepared - 1 - Attachment 4 31 , an Addendum dated June 2006 (attached as Exhibit A and incorporated herein by reference) describing minor changes from the previous approvals and finding that the impacts of the current Project have been adequately addressed in the Eastern Dublin EIR and the 1999 Mitigated Negative Declaration, all of which documents are incorporated herein by reference; and WHEREAS, the Planning Commission did hold a properly noticed public hearing on the Project on July 25, 2006; and WHEREAS, a Staff Report dated July 25, 2006 was submitted to the Planning Commission analyzing the Project and recommending approval of the CEQA Addendum and applications; and WHEREAS, the Planning Commission considered the Addendum before making a recommendation on the Project. The Planning Commission further used its independent judgment and considered all reports, recommendations and testimony before taking action on the Project. NOW, THEREFORE BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this resolution. BE IT FURTHER RESOLVED that the Planning Commission recommends that the City Council adopt the CEQA Addendum, attached hereto as Exhibit A, for Grafton Station pursuant to CEQA Guidelines section 15164. PASSED, APPROVED AND ADOPTED this 25th day of July 2006 by the following vote: AYES: Chair Schaub, Vice Chair Wehrenberg, Commissioner King NOES: None ABSENT: Commissioner Biddle ABSTAIN: Commissioner Fasulkey Planning Commission Chair ATTEST: Planning Manager G:\PA#\2005\05-030 Lowe's\PC PH\CEQA addendum Reso.OOC - 2 - 31~ RESOLUTION NO. 06 - 23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING AN AMENDMENT TO THE STAGE 1 DEVELOPMENT PLAN AND APPROVING A RELATED STAGE 2 DEVELOPMENT PLAN FOR A PORTION OF AREA H LOCATED AT THE SOUTHWEST CORNER OF DUBLIN BOULEVARD AND GRAFTON STREET AND BORDERED BY DUBLIN BOULEVARD AND NORTH SIDE DRIVE IN AREA H OF DUBLIN RANCH (APN 985-0036-009) P A 05-030 WHEREAS, the Applicant, James Tong (representing Chang Su-O Lin, H. Yao Lin and H. Lien Lin), submitted applications for a 29.2 acre project area located within the Eastern Dublin Specific Plan Area, including a portion of Area H in Dublin Ranch. The applications include: a) an amendment to the existing Stage 1 Development Plan for Planning Area H; and b) Stage 2 Planned Development Plan for the project area, 29.2 acres located between Dublin Boulevard and Northside Drive at the southwest corner of Dublin Boulevard and Grafton Street. The project proposes a total of 318,000 square feet of retail development, known as Grafton Station, and related site improvements, collectively the "Project"; and WHEREAS, the Project area is south of Dublin Boulevard and north of Northside Drive at the southwest corner of Dublin Boulevard and Grafton Street and the property is currently vacant; and WHEREAS, on March 21, 2000, the City Council approved a Stage 1 Development Plan for Area H (P A 98-070); and WHEREAS, upon preparation of the application described above, the Applicant determined that the Stage 1 Development Plan approved in 2000 was based on an inaccurate estimate of gross acres of the Project area, requiring revision to reflect the total actual acreage of29.2 acres; and WHEREAS, the Applicant requests that the list of permitted and conditionally permitted uses in the Stage 1 Development Plan approved in 2000 be amended to include uses which are compatible with typical shopping centers and consistent with uses permitted in the Dublin Zoning Ordinance for shopping centers; and WHEREAS, the Applicant has submitted a complete application which is available and on file in the Planning Division for a Stage 2 Development Plan for the Project; and WHEREAS, the City has prepared an Addendum to a previously adopted Program Environmental Impact Report (EIR) for the Eastern Dublin Extended Planning Area which includes an analysis of the potential environmental effects of the proposed Project; and WHEREAS, on July 25, 2006, the Planning Commission adopted Resolution 06-24 recommending that the City Council adopt an Addendum to the program EIR previously certified for this area, which is incorporated herein by reference; and ATTACHMENTS at" WHEREAS, a Staff Report dated July 25, 2006 and incorporated herein by reference, described and analyzed the Project, including the proposed amendments to the General Plan and Eastern Dublin Specific Plan; and WHEREAS, the Planning Commission reviewed the Staff Report and the Addendum to the previously certified EIR at a duly noticed public hearing held on July 25, 2006 at which time all interested parties had the opportunity to be heard; and WHEREAS, the Planning Commission did hold a public hearing on said Project application on July 25, 2006; and WHEREAS, the Planning Commission did 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 Stage 1 Development Plan Amendment and Stage 2 Planned Development Zoning: A. The proposed amendment will be harmonious and compatible with eXIstmg and potential development in surrounding areas because: 1) the proposed development is consistent with the approved development for this property as approved under the Stage 1 Planned Development Zoning; and 2) the proposed development is consistent with the type of development, regional serving retail, as envisioned in the Eastern Dublin Specific Plan. B. The subject site is physically suitable for the type and intensity of the zoning district being proposed because 1) the project site will have a Floor Area Ratio (FAR) of .25 which is consistent with the FAR established in the Stage 1 Development Plan and the Eastern Dublin Specific Plan; 2) the proposed project will include retail and office uses which is consistent with the land use designations of General Commercial and General CommerciaVCampus Office; and 3) as amended, the Stage 1 Development Plan will permit a maximum of 318,000 square feet of retail floor area which will maintain aFAR of .25 and will therefore be consistent with the Stage 2 Planned Development Rezone. C. The proposed amendment 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: 1) the project will comply with all City of Dublin regulations. D. The proposed amendment and the Stage 2 Planned Development Rezone is consistent with the Dublin General Plan, Eastern Dublin Specific Plan and the Stage 1 Planned Development Zoning because: 1) the proposed amendments to the use list are compatible with the permitted, conditional and temporary uses established under the Stage 1 Development Plan approved by the City Council; 2) the proposed amendments to the list of permitted, conditional and temporary uses are consistent with the land use designations of General Commercial and General CommerciaVOffice and the Eastern Dublin Specific Plan Tassajara Gateway subarea which envisions a mix of regional and community serving retail on the project site; 3) the proposed amendments to the site area to increase the overall gross acreage to 29.2 acres is due to the realignment of Dublin Boulevard and a more accurate measurement of the site since the adoption of the Stage 1 Development Plan; 4) the proposed Stage 2 Rezone is compatible with the intent of the Eastern Dublin Specific Plan for the Tassajara Gateway subarea and the Stage 1 Development Plan as amended; and 5) the Stage 2 Rezone includes design guidelines to create a shopping center with a 2 ;ar'f main street character which is compatible with development in the neighborhood and the future development in Area G along Grafton Street. E. The proposed Planned Development Zoning District meets the purpose and intent of Chapter 8.32 Planned Development Zoning District of the Dublin Zoning Ordinance because: 1) the proposed project is consistent with the Eastern Dublin Specific Plan and the Stage 1 Development Plan, as amended; 2) the 'project site has been designed to reduce impacts on the residential development across Dublin Boulevard and to be compatible with the community-serving retail development along Grafton Street in Area G; 3) the project site includes attractive landscaping and site elements including a location for public art, light fixtures, benches, plazas and pedestrian paths to create an attractive landscape palette and material palette for the shopping center; and 4) the Stage 2 Development Plan includes design guidelines to create an attractive shopping center which is compatible with the surrounding developments. F. Development under the Planned District Development Plan will be harmonious and compatible with existing and future development in the surrounding area because: 1) the layout of the shopping center has been designed with respect to adjacent properties; 2) the shopping center has been designed to locate unsightly uses away from the adjacent residential development on Dublin Boulevard; 3) storage areas, mechanical equipment and loading areas are focused away from the center of the shopping center and the main streets and have been screened from view to create an attractive development; and 4) the design of the shopping center has been designed to be compatible with the adjacent developments. BE IT FURTHER RESOLVED that the Planning Commission does hereby recommend that the City Council approve the Stage 1 Development Plan Amendment and the Stage 2 Planned Development Zoning in substantially the form attached as Exhibit A for P A 05-030 Grafton Station shopping center. PASSED, APPROVED, AND ADOPTED this 25th day of July 2006 by the following vote: AYES: Chair Schaub, Vice Chair Wehrenberg, Commissioner King NOES: None ABSENT: Commissioner Biddle ABSTAIN: Commissioner Fasulkey Planning Commission Chair ATTEST: Planning Manager G:\PA#\2005\05-030 Lowe's\PC PH\PC Reso PD and stage l.DOC 3 31~ RESOLUTION NO. 06-25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT A DEVELOPMENT AGREEMENT FOR LOWE'S HOME IMPROVEMENT WAREHOUSE LOCATED AT THE SOUTHWEST COJlNER OF DUBLIN BOULEVARD AND GRAFTON STREET AND BORDERED BY DUBLIN BOULEVARD AND NORTHSIDE DRIVE IN AREA H OF DUBLIN RANCH (APN 985-0036-009) P A 05-030 WHEREAS, Lowe's HIW, Inc. has requested approval of a Development Agreement for Phase 1 of the shopping center, including the Lowe's building and related improvements (the "Project"), which is located in the Grafton Station shopping center within a portion of Area H of Dublin Ranch, at the west corner of Grafton Street and Dublin Boulevard and bordered by Dublin Boulevard and Northside Drive; and WHEREAS, the Eastern Dublin Specific Plan requires developers to enter into development agreements as a condition of development; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), Staff has recommended that the Planning Commission adopt an Addendum to the Eastern Dublin Environmental Impact Report (EIR), which requires a minor technical change to the EIR, but does not require a subsequent EIR pursuant to Section 15164 of the CEQA Guidelines. The Project is within the scope of the Final EIR for Eastern Dublin (SCH 91103064) which was certified by City Council Resolution No. 53-93 on May 10, 1993 and the Addenda dated May 4, 1993 and August 22, 1994. The Project is also consistent with the Mitigated Negative Declaration for Dublin Ranch Planning Area H (SCH 99112040) adopted by Dublin City Council Resolution No. 34-00 on February 15, 2000. This Staff recommendation is based on a determination that there are no supplemental impacts that would require preparation of a Supplemental EIR; and WHEREAS, the Development Agreement is attached to this Resolution as Exhibit A; and WHEREAS, the Planning Commission did hold a public hearing on the Project application on July 25, 2006; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Staff Report was submitted recommending that the Planning Commission recommend that the City Council approve the Development Agreement; and WHEREAS, the Planning Commission did hear and use its independent judgment and considered all said reports, recommendations and testimony hereinabove set forth. NOW, TIlEREFORE BE IT RESOLVED that the Dublin Planning Commission does hereby make the following findings and determinations regarding said proposed Development Agreement: 1. Said Development Agreement is consistent with the objectives, policies, general land uses and programs specified in the Eastern Dublin Specific Plan/General Plan in that: a) the Eastern Dublin Specific Plan/General Plan land use designation for the subject site is Attachment 6 3t" General Commercial and General CommerciaVCommercial Office and that the proposed shopping center development is consistent with the designations; b) the project is consistent with the fiscal policies in relation to provision of infrastructure and public services of the City's Eastern Dublin Specific Plan/General Plan; c) the Development Agreement sets forth the rules to which the Developer and City will be subject during the development process, which is required by the Eastern Dublin Specific Plan and the Mitigation Monitoring Program ofthe Eastern Dublin Specific Plan. 2. Said Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located in that the project approvals include a Tentative Parcel Map, Stage 1 Development Plan Amendment, Stage 2 Planned Development Rezone, and Site Development Review. 3. Said Development Agreement is in conformity with public convenience, general welfare, and good land use practice in that the development will implement land use guidelines set forth in the Eastern Dublin Specific Plan/General Plan, as proposed. 4. Said Development Agreement will not be detrimental to the health, safety and general welfare in that the development will proceed in accordance with the Agreement and any Conditions of Approval for the Project. 5. Said Development Agreement will not adversely affect the orderly development of the property or the preservation of property values in that the development will be consistent with the City of Dublin Eastern Dublin Specific Plan/General Plan. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby recommend that the City Council approve the Development Agreement, attached hereto and incorporated within as Exhibit A, between the City of Dublin and Lowe's HIW, Inc. PASSED, APPROVED AND ADOPTED this 25th day of July 2006 by the following vote: AYES: Chair Schaub, Vice Chair Wehrenberg, Commissioner King NOES: None ABSENT: Commissioner Biddle ABSTAIN: Commissioner Fasulkey Planning Commission Chairperson ATTEST: Planning Manager G:\P A#\2005\05-030 Lowe's\PC PH\PC Reso DA.DOC 2 aI, RESOLUTION NO. 06-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING SITE DEVELOPMENT REVIEW FOR LOWE'S HOME IMPROVEMENT WAREHOUSE LOCATED AT THE SOUTHWEST CORNER OF DUBLIN BOULEVARD AND GRAFTON STREET AND BORDERED BY DUBLIN BOULEVARD AND NORTHSIDE DRIVE IN AREA H OF 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 i: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 7 ~Lt 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 August 15,2006 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 project will be compatible with the surrounding area because the development is designed with respect to the adjacent properties which are designated for commercial and office uses as well as the residential development and neighborhood commercial center located across Dublin Boulevard as reauired by Section 8.104.020.A of the Dublin Zoning Ordinance; 2) the proposed project will conform to the density. design. and allowable uses as stated in the Stage 1 Development Plan for Area H in Dublin Ranch as required by Section 8.104.020.B of the Dublin Zoning Ordinance; and 3) the project will be an. attractive addition to the City and therefore will meet the requirements of Sections 8.104.020.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 ofthe Stage 1 Development Plan for Area H of Dublin Ranch in which the project is located because 1) 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 project is consistent with the design reauirements 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 Tassajara Gateway subarea should have regional serving commercial uses in order to take advantage of the site's proximity to Tassajara Road and the 1-580 freeway and the Lowe's store is intended to serve the community as well as the region; 4) the overall project. 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 CommerciaVOffice which allows for a combination of retail and office uses which the proposed project will achieve; 6) the proposed project is consistent with the overall design requirements of the Stage 1 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 project site is a separate area in Eastern Dublin in order to promote the importance of Area G which is intended to be a 2 2,l1 neighborhood commercial center; 7) the proposed project meets the intent of the Dublin General Plan which discourages projects which do not relate well to the surrounding developments and the proposed project 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 project 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 any significant environmental imvacts associated with the project and the project 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 project 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 (project site) is compatible with the site layout 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 project 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 project 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 project 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 ~z.o 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 density 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 Gateway 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 of the walls of the 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 density of the site is reduced by 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 vicinity: and 6) the proposed earth tone color palette is compatible with colors found in the vicinity. I. 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 "32.[ the parking requirements for outdoor storage which are one parking stall for every 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 opportunity 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 Planning Commission 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. RESPON. Y RE 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 MacKa and Som sand SSOE, Inc. received Jul 17,2006 5 PL On-going Planning 32"2- 2. on file in the Community Development Department, and other plans, text, and diagrams relating to this Site Development Review, unless modified by the Conditions of A roval contained herein. Effective Date. This Site Development Review approval is contingent upon the approval of the related Stage 2 Planned Development Rezoning. If the Stage 2 Planned Development Rezoning is not approved this Site Develo ment Review a roval shall become null and void. Permit Expiration. Construction or use shall commence within one (1) year of Permit approval or the Permit shall 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 re uirements of this Ordinance. Time Extension. The original approving decision-maker may, upon the Applicant's written request for an extension of approval prior to expiration, and upon the determination that any Conditions of Approval remain adequate to assure that applicable findings of approval will continue to be met, grant a time extension of approval for a period not to exceed six (6) months. All time extension requests shall be noticed and a public hearing or public meeting shall be held as re uired b the articular Permit. Permit Validity. This Site Development Review approval shall be valid for the remaining life of the approved structure so long as the operators of the subject property comply with the project's conditions of approval. Revocation of permit. The Site Development Review approval shall be revocable for cause in accordance with Section 8.96.020.1 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be sub' ect to citation. Development Agreement. The Developer shall meet all applicable sections of the Development Agreement for Area H and the Development Agreement for the Lowe's Home hn: rovement store. Requirements and Standard Conditions. The Applicant! Developer shall comply with applicable City of Dublin Fire Prevention Bureau, Dublin Public Works Department, Dublin Building Department, Dublin Police Services, Alameda Coun Flood Control District Zone 7, Livermore 6 3. 4. 5. 6. 7. 8. PL PL PL PL PL ADM Various Approval of the Stage 2 One year from permit approval One year from permit approval On-going On-going On-going Building Permit Issuance DMC 8.32.030.B DMC 8.96.020.D DMC 8.96.020.E DMC 8.96.020.F DMC 8.96.020.1 Administra tion/ City Attorney Standard "32.p 9. Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California DepaItIl1ent 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 depaItIl1ent to the Planning DepaItIl1ent, indicating that all applicable conditions re uired have been or will be met. Required Permits. Developer shall obtain all permits required by other agencies including, but not limited to Alameda County Flood Control and Water Conservation District Zone 7, California DepaItIl1ent of Fish and Game, Army Corps of Engineers, Regional Water Quality Control Board, Caltrans and provide copies of the permits to the Public Works D aItIl1ent. Fees. Applicant/Developer shall pay all applicable fees in effect at the time of building permit issuance, including, but not limited to, Planning fees, Building fees, Traffic Impact Fees, TVTC fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees, Fire Facilities Impact fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; or any other fee that ma be ado ted and a licable. Indemnification. The Developer shall defend, inderrmify, and hold harmless the City of Dublin and its agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other depaItIl1ent, 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, inderrmify, 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 roceedin s. Clean-up. The Applicant/Developer shall be responsible for clean-up and disposal of project related trash to maintain a safe, clean, and litter-free site. Modifications. Modifications or changes to this Site Development Review approval may be considered by the Community Development Director if the modifications or chan es ro osed com ly with Section 8.104.100 of the 10. 11. 12. 13. 7 PW Various ADM PL PL Building Permit Issuance Building Permit Issuance On-going On-going On-going Standard Various Administra tion/City Attorney Planning DMC 8.104.100 32lf 14. Zonin Ordinance. Controlling Activities. The ApplicantlDeveloper shall control all activities on the project site so as not to create a nuisance to the existing or surrounding businesses and residences. Soft Foam Building Materials. Soft Foam (ie efis type material) may be installed no closer then 6 feet from the earth or aved areas. Accessory/Temporary Structures. The use of any accessory or temporary structures, such as storage sheds or trailer/ container units used for storage or for any other purposes, shall be subject to review and approval by the Community Develo ment Director. S~II!lIlIC Mitigation Monitoring Program. The Applicant! Developer shall comply with the Eastern Dublin EIR Mitigation Monitoring Program and the 1999 Mitigated Negative Declaration for Planning Area H including all mitigation measures, action programs, and implementation measures on file with the Community Development De artment. Equipment Screening. All electrical and/or mechanical equipment shall be screened from public view. Any roof- mounted equipment shall be completely screened from view by materials architecturally compatible with the building and to the satisfaction of the Community Development Director. The Building Permit plans shall show the location of all equipment and screening for review and a roval b the Director of Community Develo ment. Colors. The exterior paint colors of the buildings are subject to City review and approval. The Applicant shall paint a portion of the building the proposed colors for reVIew and approval by the Director of Community Develo ment rior to aintin the buildin s. Retail Spaces. The store and parking area shall at all times 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 kee the site neat and clean. Trash Compactor. At no time shall boxes, pallets or any other item be stored outside of the trash compactor area or the staging area or in any location where these items may be visible. Stacked Items. At no time shall any material or item be 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 ossible. Parkin Lot Sales. An outside events, includin 8 15. 16. 20. 21. 22. 23. PL On-going Planning Planning DMC 8.108 17. Eastern Dublin EIR 18. 19. PL Building Permit Issuance/ On-going On-going PL PL On-going PL Building Permit Issuance Through Completion! On- gomg PL Occupancy PL On-going PL On-going PL On-going PL On-going 1999 Mitigated Negative Declaration Planning Planning Planning Planning Planning Plannin CONn promotional sales and Christmas tree sales, shall be subject 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 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 the flush front face of the three entrances by indenting the areas with the signs and add exposed beams on the entry to provide additional detailing on the front elevation to the satisfaction of the Communi Develo ment Director. 26. Landscape and Property Maintenance. In the event that 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. 27. Brick Fac;ade. The elevations as shown on Sheet A-4 shall be modified to include a brick fa~ade on the building facades and arches shown with the C-2 material (shown on Sheet A-5), subject to review and approval by the Communi Develo ment Director. "LANDs,elllll 28. Final Landscape and Irrigation Plans. Final Landscape and Irrigation Plans, prepared and stamped by a State 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 re uired by the Communi Develo ment Director. 29. Plant Species. Plant species shall be selected according to use, sun/shade location and space available. The landscape plan should include plant species that are not salt sensitive. Street trees shall be high branching and produce minimal litter. 30. Slopes. The landscape plan shall address slopes within the property, including erosion, maintenance and irrigation issues. All slopes shall have a one-foot level area at top and bottom of the slo e for maintenance. 31. Landscaping at Street/Drive Aisle Intersections. Landscaping shall not obstruct the sight distance of motorists, pedestrians or bicyclists. Except for trees, landscaping (and/or landscape structures such as walls) at drive aisle intersections shall not be taller than 30 inches 9 PL On-going PL Building Permit Issuance PL On-going PL Building Permit Issuance "3>2.~ Planning Planning Planning Planning PL Building Permit Issuance DMC 8.72.030 PL Building Permit Issuance PL Building Permit Issuance PL Building Permit Issuance Planning Planning Planning 32. 33. above the curb. Landscaping shall be kept at a minimum height and fullness giving patrol officers and the general ublic surveillance ca abilities of the area. Lighting. The Applicant/Developer shall prepare a photometric plan to the satisfaction of the City Engineer, Director of Community Development, the City's 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. Street Lights and Trees. Maintain approximately 15' clearance between streetlights and street trees. Where such 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 li htin and folia e. Standard Plant Material, Irrigation and Maintenance Agreement. The Applicant/Developer shall complete and submit to the Dublin Planning Department the Standard Plant Material, Irri ation and Maintenance A eement. Landscape Borders. Where applicable, all landscaped areas shall be bordered by a concrete curb that is at least 6 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 re uired to se arate turf areas from shrub areas. Landscaping. Applicant/Developer shall construct all landscaping within the site and along the project frontage. The on site landscaping shall be to the satisfaction of the 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 Communi Develo ment Director and the Ci En ineer. Plant Standards. All trees shall be 24" box minimum, with at least 30% at 36" box or greater; all shrubs shall be 5 allon minimum. Maintenance of Landscaping. All landscaping materials within the public right-of-way shall be maintained for 90 da s and on-site landsca in shall be maintained In 34. 35. 36. 37. 38. 10 '3-Up PL, PW, PO PL,PO PL PL PL,PW PL PL Building Permit Issuance Building Permit Issuance Building Permit Issuance Building Permit Issuance Building Permit Issuance Occupancy On-going Planning Planning DMC 8.72.050.B Planning Planning! Public Works Planning City of Dublin Standards 39. 40. 41. 42. 43. 44. accordance with the "City of Dublin Standards Plant Material, hTigation System and Maintenance Agreement" by the Developer 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 modifications to the landscaping on the site, including the removal or replacement of trees, shall require prior review and written a roval from the Community Develo ment Director. Backflow Prevention Devices. The Landscape Plan shall show the location of all backflow prevention devises. The location and screening of the backflow prevention devices shall be reviewed and a roved b Ci staff. Root Barriers and Tree Staking. The landscape plans shall provide details showing root barriers and tree staking will be installed which meet current City s ecifications. Water Efficient Landscaping Ordinance. The Applicant! Developer shall submit written documentation to the Public Works Department (in the form of a Landscape Documentation Package and other required documents) that the development conforms to the City's Water Efficient Landsca in Ordinance. Landscape Screening. At no time shall any of the landscaping around building including shrubs and trees be removed. Removals may only occur if the species is to be re laced with the same s ecies. Trees. The property owner shall continually maintain all 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. Dublin Boulevard. The landscape plans shall show that trees will be planted along Dublin Boulevard. The trees must be installed prior to occupancy of the building. PL,PW,F Building Permit Issuance 327 SOURC:l!: PL,PW Building Permit Issuance Plant Material, hTigation System and Maintenanc e Agreement Planning Planning DMC 8.88 Planning Planning Planning 45. 46. G Building Codes and Ordinances. All project construction shall conform to all building codes and ordinances in effect at the time of build in ermit. Building Permits. To apply for building permits, Applicant/Developer shall submit eight (8) sets of construction lans to the Buildin Division for Ian check. 11 PL Building Permit Issuance PL On-going PL On-going PL Issuance of Building Permits B Through Completion B Issuance of Building Permits Building Building 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. ApplicantlDeveloper will be responsible for obtaining the approvals of all participation non-City a encies rior to the issuance of build in ennits. 47. Construction DraWings. Construction plans shall be fully dimensioned (including building elevations) accurately drawn (depicting all existing and proposed conditions on site), and prepared and signed by a California licensed Architect or Engineer. All structural calculations shall be prepared and signed by a California licensed Architect or Engineer. The site plan, landscape plan and details shall be consistent with each other. 48. Addressing. Address will be required on all doors leading to the exterior of the bUilding. Addresses shall be illuminated and be able to be seen from the street, 5 inches in hei ht minimum. 49. Engineer Observation. The Engineer of record shall be retained to provide observation services for all components of the lateral and vertical design of the building, including nailing, hold downs, straps, shear, roof diaphragm and structural frame of bUilding. A written report shall be submitted to the City Inspector nrior to scheduling the final frame ins ection. 50. Phased Occupancy Plan. If occupancy is requested to occur in phases, then all physical improvements within each phase shall be required to be completed prior to occupancy of any buildings within that phase except for items specifically excluded in an approved Phased Occupancy Plan, or minor handwork items, approved by the Department of Community Development. The Phased Occupancy Plan shall be submitted to the Directors of Community Development and Public Works for review and approval a minimum of 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 remaining additional construction activity. Subject to approval of the Director of Community Development, the completion of landscaping may be deferred due to inclement weather with the ostin of a bond for the value of the deferred ~'2.<& B Issuance of Building Permits Building B,PL Occupancy Building B Prior to Frame Inspection BUilding B Prior to OCCupancy of any affected building Building 12 32.4 landsca in and associated im rovements. 51. Air Conditioning Units. Air conditioning units and 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, approved by the Building Official and Director of Communi Develo ment. 52. Temporary Fencing. Temporary Construction fencing shall be installed along perimeter of all work under construction. 53. Green Building Guidelines. To the extent practical the Applicant shall incorporate Green Building Measures. Green Building plan shall be submitted to the Building Official for review. 54. Cool Roofs. Flat roof areas shall have their roofing material coated with light colored gravel or painted with light colored or reflective material designed for Cool Roofs, as re uired under CA title 24 ener re uirements. 55. Electronic File: The Applicant/Developer shall submit all building drawings and specifications for this project in an electronic format to the satisfaction of the Building Official prior to the issuance of building permits. Additionally, all revisions made to the building plans during the project shall be incorporated into an "As Built" electronic file and submitted rior to the issuance of the final occu ancy. 56. Construction Trailer: Due to size and nature of the development, the Applicant/Developer shall provide a 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 A licant/Develo er's ex ense. RD 57. 60 Foot No Build Easement. Pursuant to Dublin Municipal Code Section 7.32.130, the owner shall file with the Building Official a Covenant and Agreement Regarding Maintenance of Yards for an Oversized Building binding such owner, his heirs, and assignees, to set aside a 6O-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 b authori of the Building Official. B Occupancy Building Building Building Building Building Building 13 B Through Completion B Through Completion B Through Completion B Prior to First and Final inspection) B Through Completion B Issuance of Building Permits Building COND 58. Outdoor Display. The outdoor display area at no time 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 s ace is re uired for the width of the exitin s stem. :iilkE - GENEIIIIII..mON 59. Building and Fire Codes. The project shall be In compliance with Building and Fire Codes unless specifically addressed by an alternate materials or methods a lication. Knox Boxes. Knox boxes are required at the entrances to the buildings and at the exterior access doors to the room with the fire alarm anel. Fire Roadways. Fire apparatus roadways shall have a minimum unobstructed width of 20 feet (14 feet for one 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 EVA Roads. All emergency vehicle access roads (first lift of asphalt) and the public water supply including all hydrants shall be in place prior to vertical construction or combustible stora e on site. Corridors. Corridors shall not be interrupted by an intervening room as required by CBC 1004.3.4.4. Corridors shall not have dead ends over 20 feet Ion ON Hydrants. Provide a fire hydrant within 50 feet of the FDC for Lowe's. Show the location of the sprinkler system detector check valves and FDCs for each building. The locations of the FDC's shall be approved by the Fire De artment. Construction Type. The Building Permit plans must show the construction type and occupancy classifications for the buildings. Provide allowable area calculations for the buildings. The allowable area shall comply with the CBC cha ter 5. Fire Sprinklers. Automatic sprinklers shall be provided throughout the buildings as required by the Dublin Fire Code. If there are over 100 sprinklers, the system shall be monitored by UL listed central station. Storage. High piled storage shall comply with CFC article 81. Hazardous Materials. Hazardous materials shall comply with CFC articles 79 and 80. B On-going ?>~o Building Fire Fire Fire Fire Fire 65. 66. 67. 68. 60. 61. 62. 63. 64. F Issuance of Building Permits F Occupancy F Through Completion F Prior to Vertical Construction or Combustible Storage On Site Issuance of Building Permits F F Issuance of Building Permits F Issuance of Building Permits F Occupancy F Occupancy F Occupancy 14 Fire Fire Fire Fire Fire XT 69. Security Requirements. The Applicant/Developer shall comply with all applicable City of Dublin Non-Residential Security requirements. 70. Lighting. All commercial properties shall have light fixtures above each storefront. Parking lot lighting or landscape lighting shall not be the only source of light to the storefront. 71. Parking Lot Signage. All entrances to the parking lot shall be posted with appropriate signs as described in Section 6.04.200 of the City of Dublin Municipal Code to assist m removmg vehicles at the property owner's/mana er's re uest. 72. Graffiti. The ApplicantJDeveloper shall keep the site clear of graffiti vandalism on a continuous basis at all times. If available, affiti resistant materials should be used. 73. Theft Prevention. The Applicant shall work the Dublin Police Department on an ongoing basis to establish an effective theft revention and security ro am. 74. Tenants. Tenants shall complete a "Business Site Emergency Response Card" and deliver it to the police rior to occu anc . 75. Exit Doors. Employee exit doors and doors to the rear of tenant spaces shall be equipped with 180-degree viewers if there is not a burglary resistant window pane in the door from which to scan the exterior. 76. Construction Security. During the construction phase the site shall have security lighting and be fenced and locked 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. Non-City Agencies. The Developer will be responsible for submittals and reviews to obtain the approvals of all participating non-City agencies. The Alameda County Fire Department and the Dublin San Ramon Services District shall a rove and si the Im rovement Plans. 15 ~!>I .SPON~ AGENCY PO PO PO PO PO PO PO PO PW Prior to: Issuance of Building Permits On- oin Issuance of Building Permits Issuance of Building Permits On-going On-going On-going Occupancy On-going Issuance of Building Permits Through Completion Improvement Plans & Agreement Police Police Section 6.04.200 of the Dublin Municipal Code Police Police Police Police Police Public Works co 78. Geotechnical Report. The Developer shall submit a Geotechnical Report, which includes street pavement sections and gradin recommendations. 79. Electronic File. Developer shall provide the Public Works Department a digital vectorized file of the "master" files for the project. The digital vectorized files shall be in 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 ill, and U.S. foot. 83 California State Plane, Zone ill, and U.S. foot. 80. Water and Sanitary Facilities. Developer shall construct all potable and recycled water and sanitary sewer facilities required to serve the project in accordance with DSRSD master plans, standards, specifications and requirements. 81. Fire Hydrants. Fire hydrant locations shall be approved by the Alameda County Fire Department. A raised reflector blue traffic marker shall be installed in the street opposite each hydrant. 82. Street Trees. Street trees, of at least a 24" box size, shall be planted along the public street frontages. The varieties and locations of the trees to be approved by the Community Development Director and City Engineer. 83. Utilities. All electrical, gas, telephone, and Cable TV utilities, shall be underground in accordance with the City policies and ordinances. All utilities shall be located and provided within public utility easements and sized to meet utili com an standards. 84. Utility Vaults. All utility vaults, boxes and structures, unless specifically approved otherwise by the City Engineer, shall be underground and placed in landscape 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 Develo ment Director rior to construction. 85. Grading. Prior to any clearing or grading, the Developer shall provide the City evidence that a Notice of Intent (NO!) has been sent to the California State Water Resources Control Board per the requirements of the NPDES. A copy of the Storm Water Pollution Prevention Plan (SWPPP) shall be provided to the Public Works De artment and be ke t at the construction site. 86. SWPP. The Storm Water Pollution Prevention Program (SWPPP) for the construction and maintenance of the ro' ect. The Develo er is res onsible for ensurin that all 16 RESPON. PW PW PW PW PL,PW PW PL,PW PW PW :332- Improvement Plans & Agreement Improvement Plans & Agreement Improvement Plans & Agreement Improvement Plans & Agreement Improvement Plans & Agreement Improvement Plans & Agreement Improvement Plans & Agreement Issuance of Grading/Sitewor k Permits Issuance of Grading/Sitewor k Permit Public Works Public Works Public Works Public Works Public Works Public Works Public Works Public Works Public Works 87. contractors implement all storm water pollution prevention measures in the SWPPP. Maintenance Agreement. Developer shall enter into an agreement with the City of Dublin that guarantees the perpetual maintenance obligation for all storm water treatment measures installed as part of the project. Said agreement is required pursuant to Provision C.3.e.ii of RWQCB Order R2-2003-0021 for the issuance of the Alameda Countywide NPDES municipal storm water permit. Said permit requires the City to provide verification and assurance that all treatment devices will be ro erly 0 erated and maintained. Construction Hours. Construction activities, including the maintenance and warming of equipment, shall be limited to Monday through Friday, and non-City holidays, between the hours of 7:30 a.m. and 5:30 p.m. except as otherwise a roved b the Ci En 'neer. Erosion Control. The Erosion Control Plan shall be implemented between October 15th and April 15th unless otherwise allowed in writin b the City En 'neer. Traffic Signs. The Developer shall install all traffic signs and pavement marking as required by the City Engineer. 88. 89. 90. &S'pfjN~ AGENCY PW PW PW PW 91. Traffic Signals. All new traffic signals shall be PW interconnected with other new signals within the development and to the existing City traffic signal system b hard wire. 92. Construction Noise. Developer shall be responsible for PW controlling construction noise. Specific noise management measures shall be included in the project plans and s ecifications. 93. Construction Traffic. Developer shall prepare a plan for PW construction traffic interface with public traffic on any existing public street. Construction traffic and parking may be sub'ect to s ecific re uirements b the Ci En 'neer. 94. Pest Problems. The Developer shall be responsible for PW controlling any rodent, mosquito, or other pest problem due to construction activities. 95. Dust. The Developer shall be responsible for controlling PW dust as conditions warrant or as directed by the City En 'neer. 96. Archeological Materials. If archaeological materials are PW encountered during construction, construction within 100 feet of these materials shall be halted until a professional Archaeologist who is certified by the Society of California Archaeology (SCA) or the Society of Professional Archaeology (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate miti ation measures. 17 "3~3 Issuance of Building Permits Public Works Through Completion Public Works Issuance of Public Grading/Sitewor Works k Permits Issuance of Public Building Works Permits Issuance of Public Building Works Permits Through Public Completion Works Issuance of Public Grading/Sitewor Works k Permits Through Public Completion Works Through Public Completion Works Through Public Completion Works ~3+ -PR 97. Parcel Map 9003. Parcel Map 9003 shall be recorded. 98. Improvement Agreement. The Developer shall enter into an Improvement Agreement with the City for all public improvements and all private improvements for common access as determined b the City Engineer. 99. Security. The Developer shall provide performance (100%), and labor & material (100%) securities to guarantee the tract improvements, approved by the City Engineer, pnor to execution of the Improvement A eement. 100. Improvements. The public and site improvements shall be constructed generally as shown on the Stage 2 PD Rezone and/or Site Development Review and as modified by these 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 im rovements. 101. Clarification of Conditions. In the event that there needs to be clarification to these Conditions of Approval, the Director of Community Development and the City Engineer have the authority to clarify the intent of these Conditions of Approval to the Developer without going to a public hearing. The Director of Community Development and the City Engineer also have the authority to make minor modifications to these conditions without going to a public hearing in order for the Developer to fulfill needed improvements or mitigations resulting from impacts of this ro . ect. 102. Dublin Boulevard Improvements. The Dublin Boulevard southern frontage improvements shall be completed across 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 Ci En ineer. 103. Brannigan Entrance. The entrance from Dublin Boulevard at Brannigan Street shall be improved with 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 ro erties located to the west 18 PW Improvement Plans & A eement Start of Construction PW PW Improvement Plans & Agreement PW Improvement Plans & Agreement PW Through Completion PW Occupancy PW Occupancy Public Works Public Works Public Works Public Works Public Works Public Works Public Works ?> 3S' of the Pro" ect Site. 104. Grafton Entrance. The Grafton Street entrance from Dublin Boulevard to the first driveway shall be improved 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 storage, a thru lane, and 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. 105. Traffic Signal. A new traffic signal shall be installed at Dublin Boulevard and Grafton Street that is designed to meet the ultimate configuration of the intersection, to the satisfaction of the Ci En ineer. 106. Grafton Street. Grafton Street between the first driveway and the circle shall be constructed with a 26-foot width 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 En "neer. 107. Strom Drain. Storm Drain Line D of the Dublin Ranch West Side Storm Drain District shall be installed to the western limit of Parcell, 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. 108. Northside Drive Utility Lines. The existing overhead utility lines along the Project Site frontage on Northside Drive shall be placed underground. The City Engineer may exclude any utility that is being relocated to Dublin Boulevard from this re uirement. 109. Northside Drive. Northside Drive shall be improved with curb & gutter (north edge) and a 2" ac overlay along the frontage of Parcels 1 and 3, PM 9003, to the satisfaction of the City Engineer. The entrance to Grafton Station shall be desi ed with maximum 30-foot curb returns. 110. Signage. Signs shall be provided advising motorist at the Northside Drive exit to use Dublin Boulevard for convenient access to 1-580. 111. Grading. Within the Project Site the Developer shall grade the edge along the western property line in a manner that 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 ant ermission, the Develo er shall ade the site 19 PW Occupancy PW Occupancy PW Occupancy PW Occupancy PW Occupancy PW Occupancy PW Occupancy PW Occupancy Public Works Public Works Public Works Public Works Public Works Public Works Public Works Public Works 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-Iandscape any low area. This condition shall not exempt the Developer from the requirements set forth in the Dublin Municipal Code Section 7.16 relatin to Grading Re lations. 112. RWCQCB. The development shall be designed to meet all PW the applicable requirements of the RWCQCB Order No. R2-2003-0031 including the requirement that the Developer provide water quality design measures, source control and treatment 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 desi ed as bioswales or filters for water uali treatment. 113. Parking Stalls. The number of compact parking spaces PW should be limited to the locations where needed to accommodate landscaping. The number of compact parking spaces shall not exceed 35% of the minimum number of arkin s aces re uired. 114. Driveways. All major access driveways shall provide a PW minimum 20-foot radius clear turning area measured from the inside edge of the required travel ways. All other driveway aisles shall provide clearance for a minimum 10- foot turning radius measured at the inside edge of the re uired travel wa s. s1\ll11llllN STANDARD 115. Prior to issuance of any building permit, complete DSR improvement plans shall be submitted to DSRSD that conform to the requirements of the Dublin San Ramon Services District Code, the DSRSD "Standard Procedures, Specifications and Drawings for Design and Installation of Water and Wastewater Facilities", all applicable DSRSD Master Plans and all DSRSD olicies. 116. All mains shall be sized to provide sufficient capacity to DSR accommodate future flow demands in addition to each development project's demand. Layout and sizing of mains shall be in conformance with DSRSD utility master lannin . 117. Sewers shall be designed to operate by gravity flow to DSR DSRSD's existing sanitary sewer system. Pumping of sewage is discouraged and may only be allowed under extreme circumstances following a case by case review with DSRSD staff. Any pumping station will require specific review and approval by DSRSD of preliminary desi r orts, desi criteria, and final lans and Improvement Plans & Agreement Improvement Plans & Agreement Improvement Plans & Agreement Public Works Public Works Public Works Improvement Plans Improvement Plans 20 Dublin San Ramon Services District Dublin San Ramon Services District Dublin San Ramon Services District ?;~7 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. 118. Domestic and fire protection waterline systems for Tracts or Commercial Developments shall be designed to be looped or interconnected to avoid dead end sections in accordance with requirements of the DSRSD Standard S ecifications and sound en ineerin ractice. 119. DSRSD policy requires public water and sewer lines to be located in public streets rather than in off-street locations to the fullest extent possible. If unavoidable, then public sewer or water easements must be established over the alignment of each public sewer or water line in an off-street or private street location to provide access for future maintenance and/or re lacement. 120. Prior to approval by the City of a grading permit or a site development permit, the locations and widths of all proposed easement dedications for water and sewer lines shall be submitted to and a roved b DSRSD. 121. All easement dedications for DSRSD facilities shall be by separate instrument irrevocably offered to DSRSD or by offer of dedication on the Final Map. 122. Prior to approval by the City for Recordation, the Final Map shall be submitted to and approved by DSRSD for easement locations, widths, and restrictions. 123. Prior to issuance by the City of any Building Permit or Construction Permit by the Dublin San Ramon Services District, whichever comes first, all utility connection fees including DSRSD and Zone 7, plan checking fees, 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. 124. Prior to issuance by the City of any Building Permit or Construction Permit by the Dublin San Ramon Services District, whichever comes first, all improvement plans for DSRSD facilities shall be signed by the District Engineer. Each drawing of improvement plans shall contain a signature block for the District Engineer indicating approval of the sanitary sewer or water facilities shown. Prior to approval by the District Engineer, the 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 com rehensive eneral liabili 21 DSR DSR DSR DSR DSR DSR DSR Improvement Plans Improvement Plans Improvement Plans Improvement Plans Recordation of Final Map Issuance of Building Permits Issuance of Building Permits Dublin San Ramon Services District Dublin San Ramon Services District Dublin San Ramon Services District Dublin San Ramon Services District Dublin San Ramon Services District Dublin San Ramon Services District Dublin San Ramon Services District '3~$ 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 si ature b the District En ineer. 125. No sewer line or waterline construction shall be permitted unless the proper utility construction permit has been issued by DSRSD. A construction permit will only be issued after all of the items in Condition No.9 have been satisfied. 126. The applicant shall hold DSRSD, its Board of Directors, commissions, employees, and agents of DSRSD harmless and indemnify and defend the same from any litigation, claims, or fines resulting from the construction and com letion of the roject. 127. Improvement plans shall include recycled water improvements as required by DSRSD. Services for landscape irrigation shall connect to recycled water mains. Applicant must obtain a copy of the DSRSD Recycled Water Use Guidelines and conform to the requirements therein. DSR DSR DSR Improvement Plans Issuance of Building Permits Improvement Plans Dublin San Ramon Services District Dublin San Ramon Services District Dublin San Ramon Services District 128. Temporary Promotional Banners and Balloons. Temporary Promotional Banner Signs and Balloons shall only be permitted after first securing an approved Temporary Promotional Sign Permit. Any signage on site shall be subject to the sign requirements contained in the City of Dublin Munici al Code. 129. A-Frame Signs. The use of any A-Frame, portable, sandwich-board, pennants, or human-held signs on the premises is strictly prohibited. Said signs and any form of off-site advertising signs shall also be prohibited upon any ublic ro e , includin Ci streets and sidewalks. 130. Outdoor Events. Any outside events shall be subject to the Temporary Use Permit requirements contained in the City of Dublin Municipal Code, specifically Section 8.108.020. IJlRKS& 131. Public Art Contribution. Pursuant to the Public Art Master Plan, the Applicant/owner shall install a public 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 A licant/owner shall a a 22 PL PL PL On-going On-going On-going Chapter 8.884 of the Dublin Zoning Ordinance Chapter 8.884 of the Dublin Zoning Ordinance Chapter 8.884 of the Dublin Zoning Ordinance PL, PCD Public Art Policy Occupancy 132. 33'1 fee equal to forty-five one-hundredths percent (0.45%) of the Building Valuation (exclusive of land) 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 Coun~i1. Public Art Access Easements. If the Applicant/owner elects to pay the Public Art in-lie fee, the 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. PR Freeway Sign. The freeway sign shall be located as shown on the Master Sign Program project plans prepared by GNU received by the Planning Division on July 17,2006. The freeway sign shall be maintained in good condition and repairs shall be made to the sign whenever necessary to adequately maintain the sign. 133. 134. 135. 136. 137. 138. Freeway Sign Modifications. The Applicant shall redesign the freeway sign to be consistent with the Grafton Station (Stage 2 Planned Development Rezone) design guideline, subject to reVIew and approval by the Community development Director. Modifications. Any modifications to the Building and Site Signage locations, "envelopes", and/or monument sign architecture shall be approved by the Community Development Director as an amendment to the Master Sign Program. Tenant's obligation. The tenant's obligation to conform to the approved Master Sign Program shall be incorporated into the individual tenant lease agreements as a binding requirement. CC&Rs. Adherence to the Master Sign Program shall be required by the Covenants, Codes, and Restrictions (CC&Rs) for the approved project. Tenant signs. When tenant SIgnS change, all mountin holes from revious tenant si s shall be 23 PL, PCD Occupancy PL On-going PL Building Permit Issuance PL On-going PL On-going PL On-going PL On-going Public Art Policy Chapter 8.84 of the Dublin Zoning Ordinance Planning Chapter 8.84 ofthe Dublin Zoning Ordinance Chapter 8.84 ofthe Dublin Zoning Ordinance Planning Planning 3'kJ C~NDIT 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. 139. 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 a place of business. 140. Amendments to the Master Sign Program. A minor physical change to the approved Master Sign Program can be considered by the Community Development Director. Any amendment to the approved plans which is not considered by the Community 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, in this case the City Council. PL On-going Chapter 8.84 of the Dublin Zoning Ordinance PASSED, APPROVED AND ADOPTED this 25th day of July 2006 by the following vote: AYES: Chair Schaub, Vice Chair Wehrenberg, Commissioner King NOES: None ABSENT: Commissioner Biddle ABSTAIN: Commissioner Fasulkey Planning Commission Chair ATTEST: Planning Manager G:\PA#\2005\05-030 Lowe's\PC PH\SDR Reso.DOC 24 3 't/ RESOLUTION NO. 06-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR DISPLAYS IN THE FRONT OF THE LOWE'S HOME IMPROVEMENT WAREHOUSE BUILDING LOCATED AT THE SOUTHWEST CORNER OF DUBLIN BOULEVARD AND GRAFTON STREET AND ADJACENT TO NORTHSIDE DRIVE IN AREA H OF DUBLIN RANCH (APN 985-0036-009) P A 05-030 WHEREAS, the Applicant, Lowe's HIW, Inc. has requested a Conditional Use Permit to allow outdoor displays in the front of their store in the Grafton Station shopping center located in Area H of Dublin Ranch; APN 985-0036-009; and WHEREAS, the proposal includes the display of building materials, plant materials, accessory structures, patio furniture, barbeques and other similar items along the front of the store; and WHEREAS, the proposal includes a 3'4" masonry screen wall with accent trees to screen a portion of the display areas from view; and WHEREAS, the Planning Commission has determined that the area should be used for display only and that the display of building materials, fertilizer, soil, accessory structures and similar items are not appropriate for an outdoor display; and WHEREAS, the Planning Commission has determined that the area should be used for attractive displays only and should not be used to store any items at any time; and WHEREAS, the application has been reviewed in accordance with the proVIsIons of the California Environmental Quality Act (CEQA) and this project was found to be exempt under the CEQA Guidelines Section 15301 as it is a comparable use to a building and requires no alteration; and WHEREAS, the Planning Commission held a Study Session on said application on June 27, 2006; and WHEREAS, the Planning Commission held a public hearing on said application on July 25, 2006; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Staff Report was submitted recommending that the application be conditionally approved; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to make a decision. NOW, THEREFORE, BE IT RESOLVED that the Dublin Planning Commission does hereby find that: Attachment 8 3 4-"2-,; A. The proposed outdoor display use is compatible with other land uses, transportation and service facilities in the vicinity because 1) the proposed display is for a home improvement warehouse and the display items are related to items which are sold inside of the store; 2) the outdoor display items will be limited in order to prevent the storage of items outside which can be unsightly or unsafe to the Public; 3) the display of items outside of a building is a Conditional Use in the Planned Development and requires review and approval by the Planning Commission; 4) the proposed display is located at the front of the store and will not be located in the parking lot or in any area that has not been identified on the Site Plan (Sheet A-2) included in the Conditional Use Permit drawings; 5) the Lowe's building will be located in a shopping center and the display of items which are for sale is consistent with the intent and use of a shopping center. B. The proposed outdoor display 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 1) the proposed displays will comply with all City of Dublin regulations; 2) the outdoor display area will be located in an existing shopping center and the use is compatible with existing uses in the center and in the vicinity; 3) the type of materials which may be stored outside have been limited to prevent the stacking of materials or materials to prevent safety hazards and promote a more pedestrian friendly environment; and 4) as conditioned, the property owner and store managers will be required to ensure that the display area does not impede ingress or egress to the store and will comply with all Americans with Disabilities Act (ADA) regulations. C. It will not be injurious to property or improvements in the neighborhood because 1) the outdoor display will comply with all City of Dublin regulations; 2) as conditioned, the outdoor display will be compatible with the uses in the Grafton Station Shopping Center; and 3) as conditioned, the property owner will be required to maintain a low screen wall and accent trees as shown on the project plans to screen views ofthe displays. D. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use and related structures would not be detrimental to the public health, safety and welfare because 1) the proposed outdoor display area will be located in a shopping center and adjacent to a building; and 2) the shopping center and building will be designed to accommodate retail uses and the proposed use fits in with the intended uses of the center. E. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed because 1) the outdoor display will be located adjacent to a building in an shopping center which is designed to support a variety of retail uses; 2) the display will be located at the front of the store and will only be located on a portion of the front area of the store and an adequate area will be left open for access to the store and various areas throughout the front of the store; 3) as conditioned, the outdoor display area will be used to display items which are for sale at the Lowe's store and will not be used to store building materials or other items which the Planning Commission has determined are not appropriate for the front of a store in the City of Dublin; and 4) in order to minimize impacts to the aesthetics of the building or shopping center, the Applicant and/or property 2 34'3 owner is required to install and maintain low screen walls with accent trees as shown on Sheet A-2 ofthe project plans. F. It will not be contrary to the specific intent clauses, development regulations or performance standards established for the zoning district in which it is located because 1) the proposed use is a Conditional Use in the Planned Development in which it is located and is a permitted use when the required findings as stated in Section 8.100.060 of the Dublin Zoning Ordinance can be made; 2) the proposed outdoor display is compatible with the anticipated uses in the shopping center and therefore meets the requirements of the Dublin Zoning Ordinance; and 3) the limited types of displays are compatible with the shopping center. G. It is consistent with the Dublin General Plan and the Eastern Dublin Specific Plan because 1) the proposed use is permitted with a Conditional Use Permit and meets the intentions of the Planned Development in which it is located; 2) the outdoor display area will be used in conjunction with a regional serving shopping center and therefore will meet the intent of the Eastern Dublin Specific Plan; and 3) the use of this building and the outdoor display are is typical of a regional serving retail use which is consistent with the General Plan land use designation of General Commercial. BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby approve P A 05-030, Conditional Use Permit, to allow outdoor displays at the front of the Lowe's building subject to the following Conditions of Approval: 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 review and approval by the City of Dublin. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [PL.] Planning, [B] Building, [PO] Police, [DSR] Dublin San Ramon Services District and [F] Alameda County Fire Department. CONDITION TEXT RESPON. AGENCY/ DEPART. WHEN REQUIRED 1. COlllll!llONS This Conditional Use Pertnit approval for P A 05-030 is to allow an outdoor display at the Lowe's Home Improvement Store in the Grafton Station Shopping Center. This approval shall generally conform to the project plans and statements stamped approved, consisting of photographs and a site plan (received by the Plannin D artment on May 11, 2006 . Permit Expiration and Time Extension. Approved use shall commence or demonstrate substantial progress toward commencement within one (1) year of CUP approval. Otherwise, the CUP shall lapse and become null and void, in which case a new application must be made and processed. The original approving decision-maker ma ant a time extension for a 3 PL Standard 2. PL One year from date of approval DMC 8.96.020. D and E 34~ NO CONDITION TEXT RESPON. WHEN SOURCE AGENCYI REQUIRED DEPART. period no longer than six (6) months given that the Applicant submits a written request for an extension of approval prior to expiration and that any Conditions of Approval remain adequate to assure that applicable findings of approval will continue to be met. Disputes over permit expiration and time extension requests may be publicly noticed and heard before the City Council. 3. Approval Period. This Conditional Use Permit PL On-going Planning approval shall be null and void in the event the approved use fails to be established within one year, or ceases to operate for a continuous one-year period. 4. Effective Date. This Conditional Use Permit approval PL Approval of Planning is contingent upon the approval of the related Stage 2 Stage 2 and Planned Development Rezoning and Site Site Development Review. If the Stage 2 Planned Development Development Rezoning and Site Development Review Review are not approved this Conditional Use Permit approval shall become null and void. 5. Annual Review. On an annual basis, this Conditional PL, PO On-going Planning Use Permit approval may be subject to a review by the Planning Manager to determine compliance with the Conditions of Approval. 6. Revocation. This permit shall be revocable for cause PL On-going DMC in accordance with Dublin Zoning Ordinance Section 8.96.020.1 8.96.020.1, Revocation. Any violation of the terms of the terms and conditions of this permit may be subject to the issuance of a citation. 7. Minor amendments. Modifications or changes to PL On-Going DMC this Conditional Use Permit approval may be 8.100.080 considered and approved by the Community Development Director, if the modifications or changes proposed comply with Section 8.100.080, of the ZoninlZ Ordinance. 8. Site Development Review. The Applicant and! or PL On-going DMC 5.64 Property Owner shall also comply with all Conditions of Approval associated with the Site Development review. (P A 05-030) for this store. 9. Nuisance. The Applicant shall control all business PL On-going DMC activity so as not to create a public or private nuisance 5.28.020 to the existing and surrounding businesses and residents. 10. Storage of Items. At no time shall the outdoor display PL On-going Planning area be used to store any items. This Conditional Use Permit applies only to the display of items which are available for sale inside the store. II. Building Materials. At no time shall building PL On-going Planning materials such as drywall, plywood, blocks, bricks, roofing materials or any other similar item be located in the outdoor display area. 12. Landscape Materials. At no time shall landscape PL On-going Planning materials such as soil, fertilizer, mulch, srravel or any 4 NO 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. CONDITION TEXT other similar item be located in the outdoor display area. This condition does not apply to plant materials such as trees, shrubs, flowers or any other similar item. Storage Buildings. At no time shall storage buildings, accessory structures or sheds be located in the outdoor dis la area. Screening. Screening of the outdoor display area, as shown on Sheet A-2, shall also be provided. The low walls and trees shall be maintained and shall not be removed for the life of the building or the display of items unless the removal has been approved by the Conditional Use Permit. No trees along the front of the building shall be removed unless the tree will be r laced with the same s ecies. Access. The outdoor display area at no time 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 s stem. Outdoor Display Plan. A revised outdoor display plan which shows compliance with Conditions of Approval No. 9-14 shall be submitted to the Community Development Department pnor to issuance of a Buildin Permit. Customer Pick-Up. At no time shall items be stored outside for customer pick-up. These items may be located outside for a maximum period of one hour and must be placed in the designated pick-up location (as indicated on the site plan). There shall not be any items store outside in this area overni t. Parking Lot. At no time shall the parking lot be used to display any items without first obtaining a Temporary Use Permit from the Planning Division. The Parking Lot shall not be used to store any items at an time. Theft Prevention. The Applicant shall work with the Dublin Police Department on an ongoing basis to establish an effective theft prevention and security ro am for the outdoor dis la area. Education. Each store manager shall be given a copy of these Conditions of Approval and shall be trained on compliance with the Conditional Use Permit conditions. Temporary Sign age. All temporary slgnage shall comply with City of Dublin Regulations. No banners or other signage shall be installed, for permanent or temporary purposes, prior to obtaining approval from the Plannin Division. Parking Lot Sales. Any outside events, including promotional sales, parking lots sales and seasonal sales including Christmas tree sales, shall be subject to the Tern ora Use Permit re uirements contained in the Ci 5 PL PL PL,B PL PL PL PO PL PL PL 3y.~ WHEN SOURCE REQUIRED On-going On-going On-going Issuance of Building Permits On-going On-going On-going On-going On-going On-going Planning Planning Building Planning Planning Planning Planning Planning Chapter 8.84 ofthe Dublin Zoning Ordinance Planning NO CONDITION TEXT 23. of Dublin Munici al Code, s ecificall Section 8.108.020. Compliance. Failure to comply with these conditions may result in enforcement by the Community Development Department in accordance with Chapter 8.144 of the Dublin Zoning Ordinance. RESPON. AGENCY! DEPART. PL WHEN REQUIRED On-going PASSED, APPROVED AND ADOPTED this 25th day of July 2006 by the following vote: AYES: Chair Schaub, Vice Chair Wehrenberg, Commissioner King NOES: None ABSENT: Commissioner Biddle ABSTAIN: Commissioner Fasulkey ATTEST: Planning Commission Chair Planning Manager G:\P A#\2005\05-030 Lowe's\PC PH\CUP Reso.doc 6 3'+<p SO Chapter 8.144 of the Dublin Zoning Ordinance 34-7 AGENDA STATEMENT PLANNING COMMISSION STUDY SESSION DATE: June 27~ 2006 SUBJECT: STUDY SESSION: PA 05-030, Stage 1 Development Plan Amendment, Stage 2 Planned Development Rezone, CEQA Addendum, Master Sign Program, Site Development Review and Conditional Use Permit for the Grafton Station retail shopping center. Report prepared by Erica Fraser, Senior Planner \\J\;~) ) 1) Stage 1 Development Plan. 2) Stage 1 Development Plan showing amendments. 3) Stage 2 Planned Development Rezone booklet. 4) Master Sign Program. 5) Site Development Review Package. 6) Computer Renderings of Lowe's. 7) Conditional Use Permit Plan, Sections and Examples. 8) City of Dublin Scenic Corridor Guidelines. 9) Location Map. A IT ACHMENTS: RECOMMENDATION: Receive presentation and provide comments. PROJECT DESCRIPTION: Dublin Ranch is located within the Eastern Dublin Specific Plan Area that has been annexed to the City of Dublin. Area H was annexed as a part of Dublin Ranch and also pre-zoned to conform to the land use designations in the Eastern Dublin Specific Plan. Area H (commonly referred to as Grafton Station) is also a part of the Tassajara Gateway subarea, as defined in Section 4.9.1 of the Eastern Dublin Specific Plan. On March 21, 2000, the City Council approved a rezone and Stage 1 Development Plan for Area H (P A 98-070). The vacant site is bordered by vacant land (zoned General Commercial) to the west; Dublin Boulevard and medium high density residential neighborhoods to the north; Interstate 580 to the south; and vacant land (zoned Campus Office) and a future stormwater treatment basin to the east. The site consists of approximately 29.2 gross acres. The site has two land use designations with 18.7 acres designated as General Commercial and 10.5 acres are designated as General CommerciaVCampus Office. The Applicant is proposing to 1) amend the Stage I Planned! Development Permit related to gross acreage and additional allowed uses; 2) amend Stage II Planned Development Permit Rezone to ensure compatibility with the Development Plan; 3) process a Site Development Review for the Lowe's building and associated landscaping and parking as well as the installation of the bio-swale and the extension of Brannigan Street and Grafton Street; and 4) allow the display of outdoor goods through a Conditional Use Permit. COPIES TO: Property Owner/Applicant File Page 1 of 10 ITEMNo.J, I Attachment 9 (f-\P4M\200~\n"'-mO f .nwp,~PCSR ~tum, ~",n tIN': ANALYSIS: Stage I Amendment 34g As mentioned above, the Stage I Development Plan for Area H was approved by the City Council in 2000. A Stage 1 Development Plan is required to pre-zone a property prior to annexation. The Stage 1 Development Plan establishes the permitted uses, site area, and density. The Stage 1 Development Plan for Area H is requested to be amended at this time to: 1) modify the gross acreage of the site; and 2) include additional permitted and conditional uses for the project area. Please refer to the Stage I Development Plan Amendment documents included as Attachment 1 and the Stage 1 Development Plan which shows the changes made to the adopted plan as Attachment 2. While preparing documents for the current application, the Applicant determined that the actual gross acreage of the site was 29.2 acres. The existing Stage I Development Plan estimated the gross acreage of the project site to be 26.9 acres (or a difference of2.3 acres). The change in gross acreage is due to several factors, including the re-alignment of Dublin Boulevard, a more accurate measurement of the parcel, and the inclusion of half of the street right-of way of Northside Drive in the gross acreage. The Applicants have also requested that the list of permitted and conditionally permitted uses in the approved Stage I Development Plan be amended to include uses which are compatible with typical shopping centers and consistent with uses permitted in the Zoning Ordinance for shopping centers. The proposed additional permitted uses would include retail medical offices/health facilities (such as a doctor's office) and microbreweries. Parking lot sales are also proposed to be added to the list of temporary uses. The proposed amendments to the Stage 1 Development Plan are consistent with the intent ofthe approved Development Plan. Stage II Planned Development Rezone The Grafton Station shopping center is proposed to be developed with approximately 318,000 square feet of retail space distributed over eight retail pads (please refer to Sheet PD-l in Attachment 3). The buildings are oriented so that the smaller retail buildings face Dublin Boulevard and Grafton Street to form an extension of the Village Commercial Center to be located along Grafton Street, north of Dublin Boulevard. The large scale retail stores are located on the western side of the property and the entrances to these stores will face the parking lot. The shopping center will be constructed in phases, (see Sheet C- 10 in Attachment 5) with the Lowe's store and related parking and landscaping, the extension of Grafton Street and Brannigan Street, and the construction of the bio-swale in Phase I Permitted, Conditional and Temporary Land Uses The list of permitted and conditionally permitted uses can be found on pages 1-7 under the "Permitted, Conditional, and Temporary Land Uses" tab in Attachment 3. The uses included in these lists are broken down by large scale big box stores and smaller retail stores. The purpose of including two store categories is to limit retail uses which are more suitable for smaller retail pads into the smaller retail pads and to encourage large scale commercial stores (such as Lowe's) to locate in the two large retail pads. The proposed uses are compatible with uses found in typical retail shopping centers. With the minor amendments to the Stage 1 Development Plan (as discussed above), the Stage 2 Rezone will be compatible with the approved Development Plan. Page 2 of 10 ~~Th~ ~~ Grafton Station is proposed as an extension of the Village Commercial Center along Grafton Street soum of Dublin Boulevard. Where appropriate, the Planning and Site Standards in Attachment 3 require the continuation of architectural and landscape themes, materials, fonns and elements established for the Village Center project to be implemented on the project site. By including common architectural themes in both commercial areas, the two centers will compliment each other and will maintain design consistency on Grafton Street. At the Planning Commission meeting, the Applicant will present documentation describing the architectural connection between the two projects (Grafton Station and Village Commercial Center). Although the two centers will have common design themes, it is important to note that the Grafton Station shopping center will include features to distinguish and announce the shopping center, such as the architectural towers (see 11-32 of Attachment 3 for an example). The overall design theme of the shopping center can be described as a "Main Street" design theme. Pages 1-4 through I-lOin Attachment 3 provide guidelines on what elements will need to be incorporated into individual building designs to meet the "Main Street" design theme. Specific design requirements are also included in the entire 'Design Standards' section of the Stage 2 booklet (Attachment 3). Examples of architecture which would meet these requirements are also included in the design Standards section. At this time, the scope of the Site Development Review before the Planning Commission is limited to the Lowe's store. The property owner will apply for additional Site Development Reviews in the future as the property owner is able to attract additional tenants to this shopping center. Each building will be required to meet the design guidelines as established by the Stage II Planned Development Pennit and would require the review and approval of a Site Development Review by the Planning Commission. Landscaping Landscape guidelines are included in Section IV of the Land Use and Design Standards section of the Stage 2 booklet (Attachment 3). The proposed landscaping includes a variety of evergreen trees in the parking lot with deciduous trees proposed as accent trees. Trees will be planted along Grafton Street and in the median. A plaza area with large canopy trees, shrubs, benches and a water feature will be located at the terminus of Grafton Street, adjacent to the traffic circle (see Traffic Circle Enlargement Sheet 3). In addition, a public art piece will be located in the center of the traffic circle. The public art will be subject to the Public Art Ordinance regulations. The specific design of the public art piece will be determined at a later date and approved by the City Council. Please refer to the landscape plans included in the Stage 2 booklet for additional information. Final landscaping plans for the site will be reviewed during each future Site Development Review request. While the Lowe's portion of the site (12 acres) is proposed to be completely developed at this time, the remaining area (approximatelyl7 acres) of the overall Grafton Station project area is not proposed to be developed at this time. The proposed application does not indicate if there will be any interim improvements on the remaining vacant area or adjacent streets. Staff requests that the Planning Commission discuss this issue and detennine if interim improvement such as temporary parking areas or planting the area with a low-lying ground cover is appropriate on the undeveloped parcels. Additionally, Staff is seeking direction regarding the installation of the streetscape material (trees and other vegetation) along the rights-of-way surrounding the property (i.e. GraftonlDublinlBrannigan) to create a visual buffer between the undeveloped land that would surround the developed Lowe's property. Page 3 of 10 Master Sign Program 3~O The project includes a request for a Master Sign Program (Attachment 4). The proposed sign program will provide attractive signage for the entire shopping center~ once complete. The Sign Program is clear and easy to read which will aid in the enforcement of the Sign Program once tenants begin to locate in the center. The Master Sign Program provides for overall design consistency within Grafton Station. The Sign Program includes a freeway sign (Sheet 3.0 of Attachment 4). The freeway sign is proposed to be 75 feet in height and include the name of the shopping center and major tenant names. The base of the sign will have a stone finish and the upper portion of the sign will have a smooth finish and will be painted a tan color. The height of the proposed freeway sign is significant; however, the height of the sign is compatible with freeway signs approved by the City; including Hacienda Crossings and Shamrock Ford sites which also have 75 foot tall existing freeway signs. Additionally, once constructed, IKEA will have a freeway sign which is 99 feet in height. While sign age is important for the visibility of businesses, it is also important to ensure that the sign is scaled appropriately. The adjacent freeway (1-580) is located approximately 200 feet from the Lowe's store and the proposed sign is approximately 40 feet from the freeway right-of-way. There is minimal grade difference between the freeway and the project site. Staff requests that the Planning Commission discuss the proposed height of the freeway sign and provide direction to Staff regarding the proposed height of the freeway sign. CEQA Addendum The California Environmental. Quality Act (CEQA) Guidelines Section 156164 provides that an addendum to a previously certified Environmental Impact Report (EIR) may be prepared when the project requires a minor technical change to the EIR and there are no new significant environmental effects and no substantial increase in the severity of previously identified significant effects. The amendments to the Stage I Development Plan require environmental review due to the increase in gross acreage of the site (which results in an increase in the allowable floor area of the site). The increase in acreage allows an additional 25,059 square feet of commercial space to be constructed on the site. Although there will be an increase in the allowable floor area on the project site, the total amount of commercial space (318,000 square feet) falls within the development potential which was studied for the Tassajara Gateway subarea and Eastern Dublin in the Eastern Dublin EIR. The CEQA Addendum for this project is not included as a part of this Study Session Staff Report. The Addendum will be included with the Staff Report for the public hearing. Site Development Review (SDR) At this time, approximately 12.24 acres of the site is proposed to be developed (this does not include the roadways). The proposed SDR includes the Lowe's building and garden center, related parking and landscaping, the bioswale and the extension of Brannigan and Grafton Street will be constructed. The Lowe's building is proposed to be 138~135 square feet in size and the garden center is proposed to be 31,659 square feet in size. The remainder of the shopping center will require separate Site Development Review pennits prior to construction of these retail pads. The Site Development Review plans are located in Attachment 5. Elevations can be found under the architecture tab on Sheet A-4. Samples of the colors and materials ofthe building are located on Sheet A-5 under the architecture tab. Computer enhanced elevations (renderings) are included in the Staff Report as Attachment 6. A full-sized color and materials board is available for review at City Hall and will also be available during the Study Session. Page 4 of 10 Tassajara Gateway Subarea The project is located within the Tassajara Gateway Subarea of the Eastern Dublin Specific Plan. This area encourages the development of uses that will benefit from the close proximity to the area's three major corridors (1-580, Dublin Boulevard and Tassajara Road). Due to the area's visibility from these corridors, the land uses within this area should present a high profile, quality image. The Lowe's building is consistent with the Tassajara Gateway Subarea in that: 1) the use is located in a manner as to provide visibility to the public; and 2) the project also incorporates various design features (i.e. stone enhancements, varied building articulation) and site landscaping. 3s1 Eastern Dublin Scenic Corridor The project is also subject to the Eastern Dublin Scenic Corridor Study. This Study determined significant viewpoints throughout Eastern Dublin. The project site is located within Scenic Corridor - Zone 1, which is the area adjacent to the 1-580 corridor. This zone is intended to protect the views to the ridges and knolls located to the east of the freeway. In an effort to reduce view obstructions, the Lowe's building is located in the western portion of the property. By massing the building in the western portion of the property, the remaining area of the parcel, which is devoted to parking, provides an open area that preserves the views to the east. The project, as designed, is consistent with the Eastern Dublin Scenic Corridor requirements. Site Plan The Lowe's store will be located adjacent to the property line on the west side of the property, north of Northside Drive. The south side of the building (where the garden center is located) will be visible from 1- 580. The front of the store faces the interior of the shopping center and includes an area for outdoor displays. The loading dock and staging areas are located at the rear of the building adjacent to the extension of Brannigan and the western property line. Entrances to the garden center, the main store and the indoor lumber yard are located on the east elevation and face the interior of the parking lot. During this phase (Phase 1) of the project, Grafton Street will be extended from its current location (on the north side of Dublin Boulevard) into the shopping center. The Lowe's store will be accessed from Grafton Street in two locations (please refer to Sheet PD-4 in Attachment 3). Brannigan Street will also be extended from its current location on the north side of Dublin Boulevard through the project site. This street is not intended for main access; however, motorists can enter the rear of the shopping center and proceed to the front of the store through the "entry street" off of the Brannigan Street extension. Front (East) Elevation The body of the building will be constructed with concrete tilt-up panels which are typical materials for a retail building of this size and nature. The body of the building will be beige in color with a medium beige base. The front of the building will also feature stone accents on the entrance to the store and at various locations throughout the front of the building. An arcade (or awning) will be located on the front of the building. The building will have varying heights and setbacks/projections to reduce the massing of the building. The varying colors and materials and the arcade reduce the appearance of massing of the building and the arcade also reduces the perceived height of the building. Sheet I of Attachment 6 provides a good illustration of some of the varying setbacks of the building walls. The front of the building also features ten metal frames which will have vines that, once matured, will grow over the frames and will provide an attractive landscaping element to the building. The proposed vine species, star jasmine, have been selected based on their performance with recycled water. Staff is recommending that the SDR include a condition which will require these vines to be replaced if they do not show substantial growth within one year. Page 5 of 10 Other improvements to the front of the building include a low screen wall and trees which are shoM't' the Outdoor Display Plan (Sheet A-2 of Attachment 5). These elements are intended to screen the outdoor display items and are discussed under the Conditional Use Permit Section discussed later in the Staff Report. Rear (West) Elevation The rear of the building is visible from the extension of Brannigan Street and from the adjacent property which is vacant at this time. This side of the building also has a beige concrete body with a medium beige base. This elevation also includes stone accents and two frames with vines. On the left side of this elevation, a staging area, where items are stored, will be located behind a solid wall. Access to this area can be taken from the metal doors which are visible on the elevation. This area is not accessible to the public. On the right side of this elevation, a low concrete wall will screen views of the loading dock and delivery trucks parked behind it. On the right side of the elevation, there is a tubular steel fence for the garden center. . Sheet 4 of Attachment 6 provides a view of the rear elevation with the trees along the extension of Brannigan Street from the adjacent property. Please note that although the rendering shows grass on the adjacent property, the Eastern Dublin Specific Plan shows that property can be developed as a commercial shopping center in the future. Right Side (North) Elevation This side of the building will be visible from Dublin Boulevard (the wall of the building is located approximately 615 feet away from Dublin Boulevard) until Pad A (as shown on Sheet PD-I in Attachment 1) is constructed. On the left side of this elevation, the canopy which extends from the building over the small drive aisle for access to the indoor lumber yard is visible. Contractors can drive under this overhang and load lumber supplies in their vehicles during business hours. This side of the building also features a concrete finish with stone accents. On this elevation, eight frames will be installed with vines similar to the ones on the front of the building. These elements will break up the massing of the building and provide a visual feature on the wall of the building to limit blank areas. One additional frame will also be included without vines along this wall. Additional landscaping is provided to screen views of this wall from Dublin Boulevard. More detail regarding the landscaping is located under the landscape section. Left Side (South) Elevation This side of the building will be visible from 1-580. The garden center forms a large portion of this side of the building. The garden center will be surrounded with a tubular steel fence with a mesh material to obscure views of the area. Stone columns will be located along the fence consistent with the stone materials used throughout the building. On the left side of this elevation, the loading dock is visible. As mentioned above, views of the dock from the rear of the building and the adjacent property will be screened by a wall. The loading dock is not visible from the front of the building as the garden center projects in front of the area. Landscaping along the freeway has been designed to limit views of this area (see Sheet L-6 in Attachment 5). Landscaping Landscaping will be installed on the Lowe's portion of the project during this phase (see Sheet C-IO on Page 6 of 10 Attachment 5). Street trees will also be planted along Dublin Boulevard and the extension of Brannigan Street. A bioswale will be installed adjacent to Northside Drive. 6'!'~ The parking lot will feature a mix of deciduous and evergreen trees (Sheet L-2 and L-3 of Attachment 5). Evergreen trees will be located within the interior portion of the parking lot to provide a tree canopy throughout the year which will also break up the expanse of the parking lot and will limit views of the parking lot throughout the year. Additional evergreen tree species will be located at the end of each of the parking stall aisles to provide a focal point in the parking lot and will provide visual interest in the parking lot. Deciduous trees will also be located in the parking lot as accent trees. Groundcover will be located beneath the trees in the parking lot. On the Brannigan Street extension, a double row of trees will be planted between the street and the adjacent property (see Sheet L-6 of Attachment 5). These street trees will be Nicholas Eucalyptus and Blackwood Acacia trees. Both of these trees are good screening trees because the Eucalyptus tree can grow up to 48 feet in height with a 15 foot - 36 foot canopy and the Acacia tree can grow up to 40 feet in height with a 20 foot canopy. As discussed under the Left Side Elevation Section, a truck loading dock is located on the left side of the elevation and may be visible from Northside Drive and the 1-580 freeway. In order to screen views of this loading dock, the landscape plan has been designed to provide adequate landscape screening (see Sheet L- 6 of Attachment 5). Adjacent to Northside Drive, a double row of oleander shrubs will be planted. Oleander shrubs are an evergreen shrub and can grow up to 20 feet in height and up to 12 feet wide. These shrubs are typically used for screening as they keep their leaves year round, are attractive, and can grow to form a screen wall due to the typical width of the shrub. A row of myrtle trees will also be planted adjacent to the access road around the building. These trees tend to remain compact and will provide additional color in the area. Adjacent to the north (right) side of the building and the entry street ($ee Sheet L-2 of Attachment 5), a variety of plant materials will be added. A row often Southern Live Oak trees (an evergreen tree) will be planted to soften this side of the building which will be visible from Dublin Boulevard until Pad A is developed in the future. Along this entry street, shrubs and groundcover will also be planted to provide an attractive element for motorist along this entry aisle. A bioswale will be constructed in an area south of the parking lot adjacent to Northside Drive (see Sheet L-5 of Attachment 5). The bioswale will provide treatment for a portion of the stonn water runoff from the parking lot and roof areas within the shopping center as required by the conditions of the Water Quality Certification Order issued by the Regional Water Quality Control Board in 2003. Various riparian species and native trees and shrubs will be planted in the bioswale. The landscaping on the remainder of the Grafton Station shopping center will compliment the landscaping that will be installed during this phase of the project for the Lowe's store. Sheet L-l in Attachment 5 depicts the overall landscaping plan for the entire site once all phases are complete. As shown, the overall landscape plant palette will be consistent throughout the project once complete. Parking A total of 544 parking stalls will be constructed during this phase of the project. These stalls will be located on the Lowe's parcel; however, a reciprocal parking easement will be filed for the entire shopping center to form a "pool" of parking. The Lowe's store will be 138,135 square feet in size. Based on the parking requirements in Dublin Zoning Ordinance Chapter 8.76, the parking requirement for this type of retail establishment (service retail) is one parking stall per 300 square feet of floor area. A total of 460 parking spaces are required to support this use. The parking plan shows a mix of standard and compact spaces which are consistent with the code Page 7 of 10 requirements for the maximum number of compact spaces (not to exceed 35% of the total stalls) and the size requirements for parking stalls. ~5.Lf The parking plan also includes contractor-designated spaces which are designed to be I-foot wider than standard spaces to accommodate trucks. These stalls will be located near the indoor lumber yard. The project will also include accessible stalls as required by the Americans with Disabilities Act. The project also includes a garden center. Since the garden center is not considered floor area (the area has no roof and the walls are made up of fencing materials with mesh) the parking requirement for the garden center is lower than what is required for the store. The Dublin Zoning Ordinance includes a parking requirement for outdoor areas. The Ordinance requires one parking stall per 1,000 square feet of area. The garden center is 31,659 square feet in size which means that a total of 31 parking stalls are required. Based on the garden center and store, a total of 491 parking stalls are required (please note that the parking summary on Sheet C-5 of Attachment 5 is incorrect because it does not include the parking required for the garden center). A total of 544 parking stalls will be located on the site which will result in a surplus of 53 parking stalls. Prior to the public hearing, the parking plan summary located on Sheet C-5 will need to be updated to accurately reflect the required parking for the site. Conditional Use Permit As part ofthe application packet, Lowe's has applied for a Conditional Use Permit to allow the display of items in the front of the store. The Dublin Zoning Ordinance allows commercial uses to have these types of displays with authorization of a Conditional Use Permit. The Stage 2 Planned Development includes permitted and conditionally permitted uses and also includes outdoor storage as a conditional use. The City has not previously approved a permanent outdoor display for a retail business. Home improvement stores, such as Lowe's, typically display items for sale in the front of the store. Attachment 6 includes a site plan which depicts the proposed location of each of the items for display. Photos are also included which show examples of the types of items that would be displayed. In response to Staffs concerns regarding the display of goods outside, the Applicant has proposed outdoor display screens adjacent to the outside of the building (see Section A-A on Sheet A-2 of Attachment 7).. The screens would consist ofa 3'4" high masonry wall (painted to compliment the building colors) with a tree planter. The screen walls would be distributed along the front of the store (they will not be located in front of the garden center) and will be spaced to provide the required access to the front of the store. The tree species have not been selected at this time but will be small accent trees. The screen walls and planters will provide a unique screen which should block most of the views ofthe outdoor display items. Staff does not have concerns with the tasteful display of plant materials including trees, shrubs and flowers, the display of durable goods including patio furniture, BBQs, and equipment; and the material displays such as fences and deck materials as shown in the photographs (Attachment 7). The display of these items in conjunction with the proposed screening materials should provide an attractive element for the front of the store. However, Staff does have concerns with the proposed display of certain items which appear to be storage rather than a display of items. As shown on the photos in Attachment 7, the drywall/plywood display, block display, soil/fertilizer displays and roofing displays appear to be materials which are stacked on top of each other and are typical of what you would see inside the store. Staff also has concerns with the display of storage sheds which are large in size and could create access problems into the store and could not be adequately screened. Staff feels that these types of displays are not appropriate for the exterior of the store. Page 8 of 10 Staff would like direction from the Planning Commission on whether or not outdoor displays should be permitted for the store. Additionally, if the Planning Commission determines that outdoor displays should be permitted, Staff is asking for direction on what materials are appropriate for outdoor storage. -3 ~. 5" CONCLUSION: The Applicant is proposing a unique development for Grafton Station that combines architecture and extensive landscaping to provide for an attractive retail center for the community. The Lowe's store and related improvements will be constructed during the first phase of the project and additional retail buildings will be constructed in the future. RECOMMENDATION: Staff recommends that the Planning Commission provide Staff with direction/comments on the proposed Grafton Station development and Lowe's project. Staff is also asking the Planning Commission for direction on the requested CUP for the proposed outdoor display areas adjacent to the front of the store. Page 9 of 10 GENERAL INFORMATION APPLICANT: Jim Tong Charter Properties 4690 Chabot Drive Suite 100 Pleasanton. CA 94588 35'-' Laura Orlich SSOE Inc. 22121 17th Avenue Suite 225 Bothell, W A 98021 PROPERTY OWNER: Chang Su-O Lin, H. Yao Lin and H. Lien Lin 4690 Chabot Drive Suite 100 Pleasanton, CA 94588 LOCATION: South of Dublin Boulevard and north of North side Drive and 1-580 ASSESSORS PARCEL NUMBER: 985-0036-009 GENERAL PLAN DESIGNATION: General Commercial and General CommerciaVCampus Office SPECIFIC PLAN AREA: Eastern Dublin Specific Plan EXISTING ZONING AND LAND USE: Planned Development SURROUNDING USES: Location Zoning General Plan Land Use Current Use of Property Site PD- Planned General Commercial Vacant Development and General Commercial/Campus Office North PD- Planned High Density and High Density Development Neighborhood Residential Units and Commercial Vacant South N/A N/A 1-580 Freeway and City of Pleasanton East PD- Planned Campus Office Vacant Development West PD- Planned General Commercial Vacant Development Page 10 of 10 AGENDA STATEMENT PLANNING COMMISSION MEETING DATE: Julv 25. 2006 357 SUBJECT: ATTACHMENTS: RECOMMENDATION: ~ PUBLIC HEARING: PA 05-030 Lowe's at Grafton Station Stage 1 Development Plan Amendment, Stage 2 Planned Development Rezone, CEQA Addendum, Master Sign Program, Site Development Review and Conditional Use Permit for the Grafton Station retail shopping center. Report prepared by Erica Fraser, Senior Planner ~ 1) Resolution recommending that the City Council adopt an Ordinance rezoning the project area and approving an amendment to the Stage 1 Development Plan and approving a related Stage 2 Development Plan. 2) Resolution recommending that the City Council approve a CEQA Addendum for the Project to the 1993 Eastern Dublin Environmental Impact Report with the Addendum attached as Exhibit A. 3) Resolution recommending that the City Council approve a Development Agreement between the City of Dublin and Lowe's HIW, Inc. for a portion of the project site with the Development Agreement attached as Exhibit A. 4) Resolution approving the Site Development Review and Master Sign Program for PA 05-030 for the Lowe's Home Improvement Warehouse. 5) Resolution approving a Conditional Use Permit for an outdoor display in front of the Lowe's building. 6) June 27, 2006 Planning Commission Study Session Staff Report (without Attachments). 7) Minutes from the June 27, 2006 Planning Commission Study Session. 8) Stage 1 Development Plan. 9) Stage 1 Development Plan showing amendments. 10) Stage 2 Planned Development Rezone booklet. 11) Site Development Review Package. 12) Elevation reviewed during the June 27, 2006 Study Session 13) Master Sign Program. 14) Conditional Use Permit Plan, Sections and Examples. 15) Letter from Albert Montes dated July 10,2006. 16) Location Map. 1) Receive Staff presentation; 2) Open the public hearing; 2) Take testimony from the Applicant and the public; 3) Close the public hearing and deliberate; 4) Adopt Resolution (Attachment 1) recommending that the City Council adopt an Ordinance rezoning the project area and approving an amendment to the Stage 1 Development Plan and approving a related Stage 2 Development Plan; COPIES TO: Property Owner/Applicant File ITEM NO. <g. 2- Attachment 10 G:\PA#\2005\05-030 Lowc's\PC PH\PCSR 7-25-06.doc Page 1 of7 5) Adopt Resolution (Attachment 2) recommending the City Council 3~ approve a CEQA Addendum for the Project to the 1993 Eastern Dublin Environmental Impact Report with the Addendum attached as Exhibit A; 6) Adopt Resolution (Attachment 3) recommending that the City Council approve a Development Agreement between the City of Dublin and Lowe's HIW, Inc. for a portion ofthe project site with the Development Agreement attached as Exhibit A; 7) Adopt Resolution (Attachment 4) approving the Site Development Review and Master Sign Program for PA 05-030 for the Lowe's Home Improvement Warehouse; and 8) Adopt Resolution (Attachment 5) approving a Conditional Use Permit for an outdoor display in front of the Lowe's building. PROJECT DESCRIPTION: Dublin Ranch is located within the Eastern Dublin Specific Plan Area that has been annexed to the City of Dublin. Area H was annexed as a part of Dublin Ranch and also pre-zoned to conform to the land use designations in the Eastern Dublin Specific Plan. Area H (commonly referred to as Grafton Station) is also a part of the Tassajara Gateway subarea, as defined in Section 4.9.1 of the Eastern Dublin Specific Plan. On March 21, 2000, the City Council approved a rezone and Stage 1 Development Plan for Area H (P A 98-070). The vacant site is bordered by vacant land (zoned General Commercial) to the west; Dublin Boulevard and medium high density residential neighborhoods to the north; Interstate 580 to the south; and vacant land (zoned Campus Office) and a future stormwater treatment basin to the east. The site consists of approximately 29.2 gross acres. The site has two land use designations comprised of 18.7 acres designated General Commercial and 10.5 acres designated General Commercial/Campus Office. The Applicant is proposing to: 1) amend the Stage 1 Planned! Development Pennit related to gross acreage and additional allowed uses; 2) amend Stage 2 Planned Development Pennit Rezone to ensure compatibility with the Development Plan; 3) process a Site Development Review for the Lowe's building and associated landscaping and parking as well as the installation of the bio-swale and the extension of Brannigan Street and Grafton Street; and 4) allow the display of outdoor goods through a Conditional Use Permit. BACKGROUND This project was reviewed by the Planning Commission during a Study Session on June 27,2006. A Staff Report was prepared for the meeting which described the project (see Attachment 6). During the Study Session, the Planning Commission expressed concerns regarding the design of the front of the Lowe's building and the request for a Conditional Use Permit to allow an outdoor display (see Planning Commission Minutes, Attachment 7). Please refer to the June 27, 2006 Staff Report for background information on the project and for more d~tailed information. ANALYSIS: Stage I Amendment The Applicant has requested that the Stage 1 Development Plan be amended to reflect the accurate gross Page 2 of7 acreage and to include additional permitted and conditionally permitted uses. During the June 27, 2006 Study Session, the Planning Commission did not express any concerns or comments regarding the amendments. The proposed Stage 1 amendments are compatible with the approved Stage 1 Development Plan and the Eastern Dublin EIR. Please refer to the June 27,2006 Staff Report for more information. 3>' Stage 2 Planned Development Rezone During the Planning Commission Study Session, the Planning Commission expressed some concerns regarding the proposed oleander shrubs located adjacent to Northside Drive and the Eucalyptus trees located along the extension of Brannigan Street. The Applicant has modified the project plans to include the California Pepper tree along the Brannigan Street extension and Strawberry Trees have replaced the oleander shrubs. The Planning Commission did not express any other concerns or comments regarding the Stage 2 Rezone. The Eastern Dublin Specific Plan encourages regional sefving retail in this area (see Section 4.9.1). Additionally, the Eastern Dublin Specific Plan Land Use, General Commercial and General CommerciaVCommercial Office, permits regional and community serving retail uses. The Stage 2 Development Plan is compatible with the intent of the Tassajara Gateway and the land use designation because the shopping center is designed to be regional serving (large scale, big box stores) and also has some small scale retail shops which are typically intended to serve the community. CEOA Addendum The California Environmental Quality Act (CEQA) Guidelines Section 15164 provides that an addendum to a previously certified Environmental Impact Report (EIR) may be prepared when the project requires a minor technical change to the EIR and there are no new significant environmental effects and no substantial increase in the severity of previously identified significant effects. The amendments to the Stage 1 Development Plan require environmental review due to the increase in gross acreage of the site (which results in an increase in the allowable floor area of the site). The increase in acreage allows an additional 25,059 square feet of commercial space to be constructed on the site. Although there will be an increase in the allowable floor area on the project site, the total amount of commercial space (318,000 square feet) falls within the development potential which was studied for the Tassajara Gateway subarea and Eastern Dublin in the Eastern Dublin EIR. The CEQA Addendum for this project is attached as Exhibit A to Attachment 2. Site Development Review Approximately 12.24 acres of the site is proposed to be developed, not including the roadways. The proposed Site Development Review (SDR) includes the Lowe's building and garden center, related parking and landscaping, the bioswale and the extension of Brannigan and Grafton Street that will be constructed to serve Lowe's. The Lowe's building is proposed to be 138,135 square feet in size and the adjacent garden center is proposed to be 31,659 square feet in size. The remainder of the shopping center will require separate Site Development Review permits prior to construction.ofthe retail pads. The SDR plans are located in Attachment 11. Elevations can be found under the architecture tab on Sheet A-4. Samples of the colors and materials of the building are located on Sheet A-5 under the architecture tab. Please refer to the June 27, 2006 Staff Report for detailed information regarding the Site Plan, Landscape Plans and Parking (no changes have been proposed). Page 3 of7 During the Planning Commission Study Session, the Planning Commission expressed concerns regarding the design of the building and its relationship to the design guidelines for the shopping center which called for a "Main Street" design theme. Following the Study Session, Staff and the architects for Lowe's ;J~.'b worked with Larry Canon, the City's consulting commercial Architect, to redesign the building to address the concerns of the Planning Commission and ensure compatibility with the design guidelines and the context of the future shopping center. The following discussion describes the changes to the proposed design of the Lowe's to addressed the concerns expressed by the Planning Commission on June 27, 2006. Front (East) Elevation The front of the building has been modified to reflect a typical main street which is comprised of smaller buildings with varying architectural design. The building has been broken up into varying segments with varying designs. Roof forms have been modified to include pitched roofs and varying cornices which comply with the design guidelines. The treatments on the entrances to the store, garden center and lumber yard have been designed to reflect the Grafton Station Tower elements shown in the design guidelines (see page II-13). The rooflines are offset (varying height) in order to promote interest and to reduce the appeared massing of the building. Some of the building segments include light pole fixtures for added architectural detail. Awnings have also been dispersed on the front of the building (they are both metal and steel) to provide interest and to give the appearance that each segment of the building is a different building, consistent with the main street design theme. False windows have also been included on the front of the building (frames with obscured glass) to give the appearance ofa storefront. The City's consulting Architect has reviewed the elevations and has a few concerns regarding the detailing on the entrances to the store, garden center and lumber yard. In response to those concerns, Staff has added Condition No. 25 which requires the Applicant to redesign the entrances by indenting the areas with the signs and add exposed beams on the entry to provide additional detailing on the front elevation. The Applicants will be required to show these modifications on the Building Permit plans. Rear (West) Elevation The basic form of the rear elevation has remain . unchanged. The staging area will be obscured from view by a solid wall. At the rear of the building, columns and arches have been added to break up the appeared massing of the building and to limit the amount of blank walls. This elevation is located at the rear of the building and is not located in an area where there will be a large amount of pedestrian or vehicular access. Views of this side of the building will also be further limited by future development on the DiManto property and by the trees which will be planted along the Brannigan extension. The design of this elevation is consistent with the design guidelines because the rear has a level of detail which is consistent with rear elevations, service areas have been screened from view and elements have been added to promote architectural interest of the rear of the building. Right Side (North) Elevation This side of the building has been modified to include details which replicate a storefront. Light fixtures have also been added to this elevation to compliment the light fixtures on the front of the building. Page 4 of7 Left Side (South) Elevation J(Pi The left side elevation has been modified to include light fixtures along the wall to match the light fixtures located on the front of the building and the right side of the building. Master Sign Program The Planning Commission did not express any concerns regarding the freeway sign or the Master Sign Program. Please refer to the June 27, 2006 Staff Report for additional information. The Master Sign Program is included in this Staff Report as Attachment 12. Conditional Use Permit As part of the application packet, Lowe's has applied for a Conditional Use Permit to allow the display of items in the front of the store. The Dublin Zoning Ordinance allows commercial uses to have these types of displays with authorization of a Conditional Use Permit. The Stage 2 Planned Development includes permitted and conditionally permitted uses and also includes outdoor storage as a conditional use. The City has not previously approved a permanent outdoor display for a retail business. During the June 27, 2006 Study Session, the Planning Commission expressed some concerns regarding the display of certain items outside of the store. The Planning Commission expressed concerns regarding the display of building materials including plywood, roofing materials, CMU blocks and other similar items which appeared to be storage rather than an attractive display. Additionally, the, Planning Commission had safety concerns regarding the display of these items which are typically stacked on and may be stacked very high. The Planning Commission also stated that they did not want items displayed which would block access to the store or located in the parking lot (with the exception of a Temporary Use Permit which must be approved by the Community Development Department prior to the display of items in the parking lot). As conditioned, season sales, including the sale of Christmas trees, and parking lot sales require a Temporary Use Permit from the Community Development Department prior to each sale. Based on the Planning Commission's concerns, Staff has drafted conditions (see Attachment 5) which restrict the types of items which may be displayed outside of the building. The Conditions prohibit the display of building materials including drywall, plywood, block, bricks, roofing materials and any other similar item (see Condition No. 11) and the display of landscape materials such as soil, fertilizer, mulch, gravel or similar item (see Condition No. 12). Additionally, based on concerns expressed by the Planning Commission regarding the storage of pick-up items outside of the contractor loading area, staff has included Condition No. 17 which prohibits storage of items in this location, prohibits the storage of materials overnight, and allows items to be located outside for pick-up only for a maximum period of one hour. Staff also has concerns with the display or-storage sheds which are large in size and could create access problems into the store and could not be adequately screened. Staff feels that these types of displays are not appropriate for the exterior of the store. Staff has added Condition No. 12 which prohibits the display of accessory structures and sheds outside of the building. CONCLUSION: The Applicant is proposing a unique development for Grafton Station that combines architecture and extensive landscaping to provide for an attractive retail center for the community. The Lowe's store and related improvements will be constructed during the first phase of the project and additional retail buildings will be Page 5 of7 constructed in the future. RECOMMENDATION: ;, ~"2,I Staff recommends that the Planning Commission: I) Receive Staff presentation, 2) Open the public hearing, 3) Take testimony from the Applicant and the public, 4) Close the public hearing and deliberate, 5) Adopt Resolution (Attaclunent 1) recommending that the City Council adopt an Ordinance rezoning the project area and approving an amendment to the Stage I Development Plan and approving a related Stage 2 Development Plan, 6) Adopt Resolution (AttacJunent 2) recommending the City Council approve a CEQA Addendum for the Project to the 1993 Eastern Dublin Environmental Impact Report with the Addendum attached as Exhibit A, 6) Adopt Resolution (Attachment 3) recommending that the City Council approve a Development Agreement between the City of Dublin and Lowe's HIW, Inc. for a portion of the project site with the Development Agreement attached as Exhibit A, 7) Adopt Resolution (Attaclunent 4) approving the Site Development Review and Master Sign Program for P A 05-030 for the Lowe's Home Improvement Warehouse, and 8) Adopt Resolution (AttacJunent 5) approving a Conditional Use Permit for an outdoor display in front of the Lowe's building. Page 6of7 GENERAL INFORMATION "3!p3 APPLICANT: Jim Tong Charter Properties 4690 Chabot Drive Suite 100 Pleasanton, CA 94588 Laura Orlich SSOE Inc. 22121 17th Avenue Suite 225 Bothellt W A 98021 PROPERTY OWNER: Chang Su-O Lint H. Yao Lin and H. Lien Lin 4690 Chabot Drive Suite 100 Pleasantont CA 94588 LOCATION: South of Dublin Boulevard and north of North side Drive and 1-580 ASSESSORS PARCEL .NUMBER: 985-0036-009 GENERAL PLAN DESIGNATION: General Commercial and General Commercial/Campus Office SPECIFIC PLAN AREA: Eastern. Dublin Specific Plan EXISTING ZONING AND LAND USE: Planned Development SURROUNDING USES: Location Zoning General Plan Land Use Current Use of Property Site PD- Planned General Commercial Vacant Development and General CommerciaVCampus Office North PD- Planned High Density and High Density Development Neighborhood Residential Units and Commercial V 8Cant South N/A N/A 1-580 Freeway and City of Pleasant on East PD- Planned Campus Office Vacant Development West PD- Planned General Commercial V 8Cant Development Page 7of7 DRAFT DRAFT 8.2 P A 05-030 Grafton Station - Site Development Review, Master Sign program,3{" y. Stage 1 Development Plan Amendment, Stage 2 Planned Development Rezone, Development Agreement, Conditional Use Permit, and CEQA Addendum. Cm. Fasulkey recused himself from the hearing due to financial conflicts. Chair Schaub asked for the Staff Report. Ms. Erica Fraser, Senior Planner, presented the specifics of the project as outlined in the Staff Report. Chair Schaub asked if there was a large visual of the proposed project for Lot A, and Ms. Fraser said no. Chair Schaub asked if the base of the freeway sign sits below the ground, and Ms. Fraser said no. Chair Schaub asked about the color palette shown in the Site Development Review (SDR) packet in comparison to the colors shown on the computer generated photos on the large exhibit boards. Ms. Fraser stated that the colors shown in the SDR packet are the colors that would be approved. Chair Schaub asked if there would be limits to the quantity of Temporary Use Permits Lowe's could request. Ms. Fraser stated that Lowe's would be required to comply with the limitations set forth in the Zoning Code. Chair opened the public hearing. Chair Schaub asked for Planning Commission comments and questions on the Stage 2 Planned Development (PD). Chair Schaub complimented the Lowe's Team on the usefulness of the Stage 2 PD document (Attachment 10 to the Staff Report). He commented that the conceptual design for Pad A is the right direction. Vice Chair Wehrenberg suggested that developers should be careful about the colors of brick chosen for the future projects at Grafton Station. Ms. Mary Jo Wilson, Planning Manager, stated that the Planning Commission would review subsequent SDR applications at Grafton Station. Cm. King commented that the conceptual design for Pad A is moving in the right direction; however, the roofline could use a more imaginative design. Chair Schaub agreed. Chair Schaub asked for Planning Commission comments and questions on the SDR. Chair Schaub asked if the stucco could be changed to similarly colored brick on certain facades of the building, and Mr. Al Montes, Lowe's Site Development Division, said yes. {j>fanninfJ Commi\'sion 1?;fJufar :Meeting 75 Jufy 25, 1006 Attachment 11 DRAFT DRAFT ~L' Chair Schaub commented that the proposed store would fit in well with the overall ambience Ot''''''' the area. Vice Chair Wehrenberg agreed and further stated that the Conditions of Approval are written well. Cm. King concurred and further stated that he appreciates the Lowe's Team's responsiveness to the Planning Commission's concerns about the project. Chair Schaub, referring to Attachment 15 of the Staff Report, stated that he would like to make it clear that Lowe's would be responsible for ensuring that their managers maintain the orderly upkeep of the outdoor display areas. Chair Schaub asked for Planning Commission comments and questions on the signage. Chair Schaub commented that he would like to see the freeway sign changed to reflect Grafton Station at the top, with the Lowe's sign displayed below it as the anchor tenant. Mr. Montes stated that Lowe's would need to reach an agreement with the property owner before making any modifications to the sign. Chair Schaub stated that he would like to ensure that every tenant at Grafton Station feels important and receives visibility. He further stated that he does not expect Lowe's to make a decision on the sign tonight, but would like Staff to work with Lowe's on the proper signage. The Planning Commissioners agreed. Vice Chair Wehrenberg commented that the overall signage is good. Chair Schaub closed the public hearing. Cm. King commented that the Lowe's Team made a good faith effort in responding to the Planning Commission's concerns. Vice Chair Wehrenberg commented that the Lowe's Team's responsiveness shows the benefit of the Planning Commission Study Session on the project. Chair Schaub stated that the Planning Commission is much happier with the project. Vice Chair Wehrenberg asked about the anticipated start date of construction. Mr. Montes stated that construction on the project is projected for late first quarter or early second quarter 2007. On a motion by Cm. Kin~ seconded by Vice Chair Wehrenberg, with added conditions including: "1) Redesign the freeway sign to be consistent with the Grafton Station Stage 2 PD Design Guidelines subject to review and approval by the Community Development Director, prior to the issuance of Building Permits, and 2) Modify the elevations as shown on sheet A4 to include a brick fafade on the building fafade and arches shown with the C2 materials as shown on sheet AS subject to review and approval by the Community Development Director, prior to the issuance of Building Permits", and by a vote of 3-1-1, with Cm. Biddle absent and Cm. Fasulkey abstaining, the Planning Commission adopted the following resolutions: RESOLUTION NO. 06- 21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING SITE DEVELOPMENT REVIEW FOR LOWE'S HOME IMPROVEMENT WAREHOUSE LOCATED AT THE SOUTHWEST CORNER OF DUBLIN BOULEVARD AND GRAFTON STREET AND BORDERED BY DUBLIN BOULEVARD AND NORTHSIDE DRIVE IN AREA H OF DUBLIN RANCH (APN 985-0036-009) CP{arming Commission '1?itfJular ::M.eeting 76 JUfy 25, 2006 P A 05-030 DRAFT '3"-~ DRAFT RESOLUTION NO. 06- 22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR DISPLAYS IN THE FRONT OF THE LOWE'S HOME IMPROVEMENT WAREHOUSE BUILDING LOCATED AT THE SOUTHWEST CORNER OF DUBLIN BOULEVARD AND GRAFTON STREET AND ADJACENT TO NORTHSIDE DRIVE IN AREA H OF DUBLIN RANCH (APN 985-0036-009) P A 05-030 RESOLUTION NO. 06- 23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING AN AMENDMENT TO THE STAGE 1 DEVELOPMENT PLAN AND APPROVING A RELATED STAGE 2 DEVELOPMENT PLAN FOR A PORTION OF AREA H LOCATED AT THE SOUTHWEST CORNER OF DUBLIN BOULEVARD AND GRAFTON STREET AND BORDERED BY DUBLIN BOULEVARD AND NORTHSIDE DRIVE IN AREA H OF DUBLIN RANCH (APN 985-0036-009) P A 05-030 RESOLUTION NO. 06- 24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT A CEQA ADDENDUM FOR A STAGE I DEVELOPMENT PLAN AMENDMENT, STAGE 2 PLANNED DEVELOPMENT REZONE AND SITE DEVELOPMENT REVIEW FOR THE GRAFTON STATION SHOPPING CENTER LOCATED AT THE SOUTHWEST CORNER OF DUBLIN BOULEV ARD AND GRAFTON STREET AND BORDERED BY DUBLIN BOULEVARD AND NORTHSIDE DRIVE IN AREA H OF DUBLIN RANCH (APN 985-0036-009) P A 05-030 RESOLUTION NO. 06- 25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN (P.[armil1fj Commission 'l.l'ffu[,lr 5'rf.eeting 77 July 25, 2006 DRAFT DRAFT -3 f..-l RECOMMENDING THAT THE CITY COUNCIL ADOPT A DEVELOPMENT AGREEMENT FOR LOWE'S HOME IMPROVEMENT WAREHOUSE LOCATED AT THE SOUTHWEST CORNER OF DUBLIN BOULEVARD AND GRAFTON STREET AND BORDERED BY DUBLIN BOULEVARD AND NORTHSIDE DRIVE IN AREA H OF DUBLIN RANCH (APN 985-0036-009) P A 05-030 NEW OR UNFINISHED BUSINESS - NONE OTHER BUSINESS 10.1 Brief INFORMATION ONLY reports from the Planning Commission and/or Staff, including Committee Reports and Reports by the Planning Commission related to meetings attended at City Expense (AB 1234). The Planning Commission did not have any items to report. Vice Chair Wehrenberg gave a brief update of the status of the Bicycle Master Plan. ADJOURNMENT - The meeting was adjourned at 8:25 p.m. Respectfully submitted, Planning Commission Chair ATTEST: Planning Manager Pfarming Commission 1?jIgufar '/lleeting 78 Jury 2J, 2006