HomeMy WebLinkAboutPC Reso07-22 ALcosta Shell CUP & SDR PA06-013
RESOLUTION NO. 07-22
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW FOR
THE ALCOSTA SHELL SERVICE STATION RECONSTRUCTION/EXPANSION AT
8999 SAN RAMON ROAD (APN 941-0164-001-07 and 941-0164-003-02)
PA 06-013
WHEREAS, the Applicant, Kathy Kotulak-Hemmen of C&J Cox Corporation, on behalf of the
property owners Carl A. and Jan A. Cox of Cox-Tracy, Inc., has requested approval ofa Conditional Use
Permit and Site Development Review for the reconstruction and remodel of an existing service station
which would include a new mini-mart, automated car wash and canopy structure over six new fuel
dispensers (the "Project") on a 23,747 square foot site known as the Alcosta Shell Service Station at the
southeast comer of Alcosta Boulevard and San Ramon Road; and
WHEREAS, a complete application was submitted and is available and on file in the Community
Development Department; and
WHEREAS, the City of Dublin Planning Commission ("Planning Commission") held a public
hearing on said application on November 28, 2006 and continued the hearing to a date uncertain, directing
the Applicant to address the Planning Commission's concerns regarding the design of the Project; and
WHEREAS, the Applicant has submitted revised Project plans dated received April 6, 2007; and
WHEREAS, the Planning Commission held a public hearing on said application on April 24,
2007; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law; and
WHEREAS, the application also includes a request for a Rezone from C-N, Neighborhood
Commercial to C-2, General Commercial to allow for the establishment of the mini-mart and car wash;
and
WHEREAS, in accordance with Section 15063 of the California Environmental Quality Act
(CEQA), an Initial Study was prepared to determine whether the Project as a whole would have a
significant effect on the environment; and
WHEREAS, based on the Initial Study it was determined that the Project would not have a
significant effect on the environment therefore a Negative Declaration has been prepared; and
WHEREAS, the Negative Declaration, dated June 6, 2006 ("Draft ND"), was circulated for
public review and comment June 6, 2006 to June 26, 1006 (20 days) during which time no comments
were received by the public; and
WHEREAS, the Negative Declaration is hereby incorporated by reference and is attached as
Exhibit A of Attachment 1 to the April 24, 2007 Planning Commission Agenda Statement; and
WHEREAS, at the April 24, 2007 Planning Commission meeting the Planning Commission
considered the Negative Declaration, Rezone, Conditional Use Permit and Site Development Review; and
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WHEREAS, approval of the Conditional Use Permit and Site Development Review is contingent
upon City Council certification of the Negative Declaration and City Council adoption of the Rezone; and
WHEREAS, the City Council will consider the Planning Commissions recommendation on the
Negative Declaration and Rezone at the May 15, 2007 City Council meeting; and
WHEREAS, a Staff Report prepared for the April 24, 2007 Planning Commission hearing was
submitted recommending that the Conditional Use Permit and Site Development Review be conditionally
approved; and
WHEREAS, the Planning Commission did hear and use its independent judgment and considered
all said reports, recommendations, and testimony herein above set forth.
NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission does
hereby make the following findings and determinations regarding said proposed Conditional Use Permit:
A. The proposed service station reconstruction/expansion is compatible with other land uses,
transportation and service facilities in the vicinity, in that: J) the proposed use will be
compatible with the existing use and to the type and nature of operations typically found in the
neighborhood; and 2) the General Plan land use designation for the area is Retail/Office,
which includes shopping centers, stores, restaurants, businesses and professional offices,
motels, service stations and the sale of auto parts.
B. The proposed uses, as conditioned, will not adversely affect the health or safety of persons
residing or working in the vicinity, or be detrimental to the public health, safety and welfare, in
that: J) the proposed modifications to the existing service station will be required to comply
with all current building, fire and safety codes; and 2) the uses will not change from the
existing use.
C. The proposed uses, as conditioned, will not be injurious to property or improvements in the
neighborhood, in that: J) the project is a reconstruction/expansion of an established service
station that has been located in the neighborhood for several decades; and 2) the
modernization of the existing service station will be more in keeping with the design
characteristics of the adjacent mixed-use development (San Ramon Village Plaza) currently
under construction.
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, in that the site currently receives all public services and the
proposed reconstruction/expansion of the existing service station is not anticipated to require
a significant amount of additional services.
E. The subject site is physically suitable for the type, density and intensity of the use being
proposed, in that: J) the existing and proposed use types are the same, with the exception of
the addition of a mini-mart; and 2) the project conforms to the General Plan land use and
density requirements for Retail/Office.
F. The proposed use, as conditioned, will not be contrary to the specific intent clauses,
development regulations, or performance standards established for the zoning district in which
it is located, in that: J) the Zoning Ordinance allows car washes and service stations with
mini-marts as a conditional use in the C-2, General Commercial Zoning District; and 2)
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conditions of approval have been applied to the project to ensure on-going compatibility with
surrounding land uses.
G. The proposed use, as conditioned, is consistent with the Dublin General Plan, which
designates the land use of the property as Retail/Office.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the
City of Dublin does hereby make the following findings and determinations regarding said proposed Site
Development Review:
A. Approval of this application is consistent with the purpose and intent of this Chapter, in that:
1) the design and materials of the proposed mini-mart will be compatible with the adjacent
residential units and shopping center and with other buildings in the vicinity; and 2) the
project will comply with the City's development regulations and requirements.
B. Any approval complies with the policies of the General Plan, with any applicable Specific
Plans, with the development regulations or performance standards established for the zoning
district in which it is located, and with all other requirements of the Zoning Ordinance. A
request to rezone the property from C-N (Neighborhood Commercial) to C-2 (General
Commercial) has been submitted as part of the application in order to allow the mini-mart and
car wash expansion under the current Zoning Ordinance.
C. The approval will not adversely affect the health or safety of persons residing or working in
the vicinity, or be detrimental to the public health, safety and general welfare in that the
proposed use type as a service station will remain the same. The modernization of the existing
facility will conform to current building and safety codes and will, therefore, improve health,
safety and general welfare.
D. The approved site development, including site layout, structures, vehicular access, circulation
and parking, setbacks, height, walls, public safety and similar elements, has been designed to
provide a desirable environment for the development, in that: 1) as conditioned, the building
will meet current requirements of the Building and Fire Codes with respect to public safety,
circulation, parking and vehicular access; and 2) the mini-mart and automated carwash have
been situated on the site to optimize circulation, parking and vehicular access.
E. The subject site is physically suitable for the type and intensity of the approved development,
in that: 1) the site is currently developed as a service station and carwash, therefore, there will
be no change in land use, just an expansion of the existing use.
F. There will be no impact to views in that the proposed improvements will not detrimentally
change the visual character of the site because: 1) views of the site are limited to the immediate
area due to the location of the improvements. and the relatively flat topography of the site, as
well as the presence of surrounding development; and 2) the building will be less than 20 feet
in height. measured from the highest point, which is well below the maximum height allowed
in the C-2 zoning district.
G. There will be no impacts to existing slopes and topographic features, in that the proposed
service station expansion/remodel will occur on a site that is already developed.
H. Architectural considerations, including the character, scale and quality of the design, the
architectural relationship with the site and other buildings, building materials and colors,
screening of exterior appurtenances exterior lighting, and similar elements have been
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incorporated into the project and as conditions of approval in order to insure compatibility of
this development with the development's design concept or theme and the character of
adjacent buildings, neighborhoods, and uses. The architectural design and materials of the
remodeled service station and car wash, including stucco finishes, columns, trim, storefront
system, metal canopies and the trash enclosure, will be more in keeping with the surrounding
development in the neighborhood than the outdated structures that currently exist.
I. Landscape considerations, including the location, type, size, color, texture and coverage of
plant materials, provisions and similar elements have been considered to ensure visual relief
and an attractive environment for the public, in that, as conditioned: 1) a preliminary
landscape plan was submitted as part of the application and includes a variety of species
along both project frontages and internal areas of the site; and 2) the final landscaping and
irrigation plans, which will address said landscaping considerations, will be required for
review and approval prior to issuance of the building permit.
J. The approval of this Site Development Review is consistent with the Dublin General Plan,
which designates the land use of the property as Retail/Office.
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 subiect to Planning Department review and
approval. The following codes represent those departments/agencies responsible for monitoring
compliance of the conditions of approval: rPLl Planning, rBl Building, rpOl Police, rpWl Public Works,
r ADMl AdministrationlCitv Attomev, rFINl Finance, rFl Alameda County Fire Department, rDSRSDl
Dublin San Ramon Services District rCOl Alameda County Department of Environmental Health.
CONDITIONl'EXl' '. . ltESPON. .' WlmNQQ'I.) SQURCE
.
AGENCY Prior to:
GENERAL
1. Permit Approval. This Conditional Use Permit PL On-going Planning
and Site Development Review approval is for the
expanSIOn and reconstruction of the A1costa Shell
Service Station at 8999 San Ramon Road including
a new service station canopy and fuel pumps, mini-
mart, car wash and associated site improvements
(the "Project"). The Project shall generally conform
to the project plans submitted by C and J Cox
Corporation/RHL Design Group, Inc. dated received
April 6. 2007, on file in the Community
Development Department, and other plans, text, and
diagrams relating to this approval, unless modified
by the Conditions of Approval contained herein.
2. Final Approval. Approval of the Conditional Use PL Building Permit Planning
Permit and Site Development Review is contingent Issuance
upon the approval of the Rezone request by the City
Council. The approval of the Conditional Use
Permit and Site Development Review will not take
effect until the new zOOlng designation becomes
effective.
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3. Permit Expiration and Time Extension. PL One year from DMC
Construction or use shall commence within one (1) date of approval 8.96.020.D
year of Permit approval or the Permit shall lapse and andE
become null and void. The original approving
decision-maker may grant a time extension for a
period no longer than six (6) months provided that
the Applicant submits a written request for an
extension prior to expiration of the Permit and a
determination can be made that all Conditions of
Approval remain adequate to assure that applicable
findings of approval will continue to be met.
4. Revocation. The Conditional Use Permit and Site PL On-going DMC
Development Review approval shall be revocable 8.96.020.1
for cause to accordance with Dublin Zoning
Ordinance Section 8.96.020.1, Revocation. Any
violation of the terms and conditions of this Permit
may be subject to the issuance of a citation.
5. Annotated Conditions of Approval. An annotated PL Building Permit Planning
copy of these Conditions of Approval (the official Submittal
signed version) shall be provided in conjunction
with all plan review submittals. Each condition
shall include an annotation which explains and
identifies by sheet number reference how each
condition has been satisfied. Submittals will not be
accepted without the annotated conditions.
6. Accessory/Temporary Structures. The use of any PL Ongoing DMC
accessory or temporary structures, such as storage 8.108
sheds or trailer/container units used for storage or
for any other purposes, shall be subject to review
and approval by the Community Development
Director.
7. Clean-up. The Applicant/Developer shall be PL Ongoing Planning
responsible for clean-up and disposal of project
related trash to maintain a safe, clean, and litter-free
site.
8. Controlling Activities. The Applicant/ Developer PL Ongoing Planning
shall control all activities on the project site so as
not to create a nuisance to the existing or
surrounding businesses and. residences.
9. Property Maintenance. The Applicant/ Developer PL On-going DMC 5.64
and Property Owner shall maintain the property in a
safe, clean, and litter-free condition at all times.
10. Trash and Waste Accumulation. The Applicant/ PL Ongoing Planning
Tenant shall provide and conduct regular
maintenance of the site in order to eliminate and
control the accumulation of trash, excess waste
materials and debris.
11. Graffiti. The Applicant/Developer and Tenant/ PL,PO On-going DMC 5.68
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Property Owner shall keep the site clear of graffiti
vandalism on a regular and continuous basis at all
times. Graffiti shall be removed as soon as detected
and where practical graffiti resistant materials
should be used.
12. Nuisance. The Applicant/Tenant shall control all PL On-going DMC
business activity so as not to create a public or 5.28.020
private nuisance to the existing and surrounding
businesses and residents.
13. Noise. Loudspeakers shall be controlled at a low PL,PO On-going DMC 5.28
level as so not to create a public or private nuisance
to the existing and surrounding businesses and
residential neighborhoods. No amplified music shall
be allowed outside the enclosed buildings.
14. Temporary Promotional Banners and Balloons. PL On-going DMC
Temporary Promotional Banner Signs and Balloons 8.84.050
shall only be permitted after first securing an
approved Temporary Promotional Sign Permit. All
temporary on-site signage shall be subject to the
sign regulations contained in the City of Dublin
Zoning Ordinance.
15. A-Frame Signs. The use of any A-Frame, portable, PL On-going DMC
sandwich-board, pennants, or human-held signs on 8.84.150
the premises is strictly prohibited. Said signs and
any form of off-site advertising signs shall also be
prohibited upon any public property, including City
streets and sidewalks.
16. Outdoor Events. Any outdoor activity shall be PL On-going DMC
subject to review and approval of a Temporary Use 8.108.020
Permit per the City of Dublin Zoning Ordinance.
pROJECT SPEClFIC- CONDITIONAL US,EPERMlT ..... ~.
.. ... . .. . .
17. Modifications - Conditional Use Permit (CUP). PL Ongoing DMC
Modifications or mlOor changes to the CUP 8.100.080
approval may be considered by the Community
Development Director if the modifications or
changes proposed comply with Section 8.100.080 of
the Zoning Ordinance.
18. Annual Review. On an annual basis, the PL,PO On-going Planning
Conditional Use Permit approval may be subject to a
review by the Community Development Director to
determine compliance with the Conditions of
Approval.
19. Approval Period. The 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
following the granting of occupancy or, if once
established, the use ceases to operate for a
continuous one-year period.
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20. Hours of Operation. The approved hours of
operation are 24 hours a day, 7 days a week. The
Applicant/Tenant shall be responsible for ensuring
that activities in the parking lot and any nOIse
generated are controlled in a manner that minimizes
the impacts to surrounding businesses and residents.
21. Parking. The parking area shall be used 10 the
manner represented 10 project plans, written and
verbal statements and other documents, and as
stipulated in this Conditional Use Permit.
PB,Q.fEC"f SP:&clli'lC'~rr:&..!I)Jt~t.~~_Nl'..8JtYltW'.
22. Modifications - Site Development Review (SDR).
Modifications or changes to this SDR approval may
be considered by the Community Development
Director if the modifications or changes proposed
comply with Section 8.104.100 of the Zoning
Ordinance.
23. Master Sign Program. No permanent signage is
approved as part of this CUP/SDR application. All
permanent signage is subject to review and approval
of a Master Sign Program prior to Issuance of
building permits.
24. Colors. The exterior paint colors of the buildings
are subject to City reVIew and approval. The
Applicant shall paint a portion of the building for
reVlew and approval by the Community
Development Director prior to painting the entire
structure.
25. 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 approval by the Community Development
Director.
26. Trash Enclosure/Garbage Area. The proposed PL, PW
trash enclosure shall be architecturally designed to
be compatible with the building. The enclosure shall
have a roof constructed of materials that are
architecturally compatible with the building. The
doors must be designed with self-closing gates that
can be locked closed and can also be held open with
pin locks during loading. All trash bins used for this
site shall be maintained within the trash bin
enclosure(s) at all times. An area drain shall be
PL
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On-going
On-going
Planning
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Building Permit
Issuance
Occupancy
Building Permit
Issuance
Through
Completion/
Ongoing
Issuance of
Building Permit
DMC
8.84.150
Planning
Planning
Planning
and Public
Works
installed within the trash enclosure with a
connection to the sanitary sewer system. In addition,
a hose bib shall be provided for convenient wash-
down of the trash enclosure.
LANDSCAPING .. ..... ..... .. ... ......... ... ...
27. 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 Community Development
Director. These plans shall be coordinated with on-
site civil, streetlights, and utility improvement plans.
The final plans shall be signed Community
Development Director and the City Engineer. Plans
shall be generally consistent with the preliminary
landscape plan prepared by RHL Design Group,
received April 6. 2007, except as modified by the
Conditions listed below and as required by the
Community Development Director.
28. 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.
29. 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 slope for
maintenance.
30. Landscaping at Street/Drive Aisle Intersections.
Landscaping shall not obstruct the sight distance of
motorists, pedestrians or bicyclists. Except for trees,
landscaping (and/or landscape structures such as
walls) at drive aisle intersections shall not be taller
than 30 inches above the curb.
Landscaping shall be kept at a minimal height and
fullness giving patrol officers and the general public
surveillance capabilities of the area and reducing the
ability for persons to conceal themselves.
31. Photometric PlanlLighting Requirements. The
Applicant/Developer shall prepare and submit a
Photometric Plan with the Final Landscape Plans for
review and approval in accordance with the Non
Residential Security Ordinance requirements and to
the satisfaction of the Community Development
Director, Dublin Police Services and the City
Engineer. The Plan shall show the foot candles
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PL
PL
PL
PL,PO
PL,PW,
PO
Building Permit
Issuance
Building Permit
Issuance
Building Permit
Issuance
Building Permit
Issuance
and On-going
Building Permit
Issuance
DMC
8.72.030
Planning
Planning
Planning
and Police
Planning
provided by all light fixtures on the site. The design
and placement of lighting shall not cause glare on
adjoining properties, businesses, residences nor to
vehicular traffic. Lighting used after daylight hours
shall be adequate to provide for security needs.
All light fixtures are subject to review and approval
by the Community Development Director prior to
issuance of building permits. The style and finish of
the light fixtures shall be coordinated with the light
fixtures for the adjacent San Ramon Village
commercial center.
32. Street Lights and Trees. Maintain approximately PL,PO Building Permit Planning
15' clearance between streetlights and street trees. Issuance
Where such clearance is not practical for design
considerations, trees shall be increased to 36" box
minimum to reduce the conflict between the lighting
and foliage.
33. Standard Plant Material, Irrigation and PL Building Permit DMC
Maintenance Agreement. The Applicant/ Issuance 8.72.050.B
Developer shall complete and submit to the Dublin
Planning Department the Standard Plant Material,
Irrigation and Maintenance Agreement.
34. Plant Standards. All trees shall be 24" box PL Occupancy Planning
minimum, with at least 30% at 36" box or greater;
all shrubs shall be 5 gallon minimum.
35. Screening of Devices. The Landscape Plan shall PL, PW, F Building Permit Planning
show the location of all backflow prevention Issuance
devices, detector check valves, utility boxes and fire
sprinkler risers. The location and screening of these
devices shall be reviewed and approved by City
staff.
36. Root Barriers and Tree Staking. The landscape PL,PW Building Permit Planning
plans shall provide details showing that root barriers Issuance
and tree staking will be installed which meet current
City specifications.
37. Water Efficient Landscaping Ordinance. The PL Building Permit DMC 8.88
Applicant/Developer shall submit written Issuance
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 Landscaping
Ordinance.
PARKS AND COMMUNITY SERVICES .... . . ....
. << ... .
38. Public Facilities Fee. The developer shall pay a PCS Per Reso. Parks &
Public Facilities Fee in the amounts and at the times 214-02 or Community
set forth in City of Dublin Resolution No. 214-02, subseQuent Services
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adopted by the City Council on November 19, 2002,
or in the amounts and at the times set forth in any
resolution revising the amount of Public Facilities
Fee, as implemented by the Administrative
Guidelines adopted by Resolution 195-99.
BUILDING. DIVISION . ... .......... ... ...... ...... ....... .... ,>..
39. Fees. The Applicant shall pay all applicable fees in B
effect at the time of building permit issuance,
including, but not limited to, Planning Fees,
Building Fees, Dublin San Ramon Service District
fees, Public Facilities fees, Tri Valley
Transportation fees, Downtown Traffic Impact Fee,
Dublin Unified School District impact fees, City of
Dublin Fire Bureau fees, Noise Mitigation fees;
Inclusionary Housing in lieu fees, Alameda County
Flood and Water Conservation District (Zone 7)
Drainage and Water connection fees. When and if
applicable and customary, credits shall be applied
for existing improvements.
40. Building Codes and Ordinances. All project
construction shall conform to all building codes and
ordinances in effect at the time of building permit.
41. Building Permits. To apply for building permits,
Applicant/Developer shall submit eight (8) sets of
construction plans to the Building Division for plan
check. Each set of plans shall have attached an
annotated copy of these Conditions of Approval.
The notations shall clearly indicate how all
Conditions of Approval will or have been complied
with. Construction plans will not be accepted
without the annotated resolutions attached to each
set of plans. Applicant/ Developer will be
responsible for obtaining the approvals of all
participation non-City agencies prior to the issuance
of building permits.
42. 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.
43. Addressing. Approved address numbers shall be B, F, PO
placed on all doors leading to the exterior of the
building. Such addressing shall be painted on the
door in a contrasting color. Addresses shall be
B
B
B
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Reso.
..' .... ..
Issuance of
Building
Permits
Through
Completion
Issuance of
Building Permits
Prior to issuance
of building
permits
Prior to
Occupancy
Standard
Building
Building
Building
Building
illuminated and shall be placed in such a position to
be plainly visible and legible from the street or road
fronting the property. Address numbers shall be 5
inches in height minimum.
44. Engineer Observation. The Engineer of record
shall be retained to provide observation services for
all components of the lateral and vertical design of
the building, including nailing, hold downs, straps,
shear, roof diaphragm and structural frame of
building. A written report shall be submitted to the
City Inspector prior to scheduling the final frame
inspection.
45. Air Conditioning, HV AC and Mechanical Units.
Air conditioning units, ventilation ducts,
mechanical equipment 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
Community Development.
46. Temporary Fencing. Temporary Construction
fencing shall be installed along perimeter of all
work under construction to separate the construction
operation from the public. All construction
activities shall be confined to within the fenced
area. Construction materials and/or equipment shall
not be operated or stored outside of the fenced area
or within the public right-of-way unless approved in
advance by the City Engineer/Public Works
Director.
47. 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.
48. 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.
49. 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 prior to the issuance of
the final occupancy.
FIRE PREVENTIONDMstON
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B
B
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B
B
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Prior to frame Building
inspection
Occupancy of Building
Unit
During Building
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Prior to issuance
of Occupancy
Permit
Through Building
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Through Building
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Prior to Building
Occupancy
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50. Fire Sprinklers. Automatic sprinklers shall be F Prior to Fire
provided throughout the building as required by the occupancy
Dublin Fire and Building Codes.
51. The project shall comply with CFC article 52. F Prior to Fire
occupancy
52. Signage. The following slgnage shall be F Issuance of CFC
incorporated into an application for a Master Sign Building Permits
Program/Site Development Review:
1. "Emergency fuel shutdown device" at the
shutoff. CFC 5201.5.3
2. Signs prohibiting smoking and prohibiting
dispensing into unapproved containers. CFC
5201.8
3. Signs stating that engines shall be shut off
during fueling. CFC 5201.8
4. Conspicuous signs prohibiting tank filling
and fuel dispensing. CFC 5202.3.7.4
53. Environmental Health. The underground portions F Through Fire
of the work are reviewed by the Alameda County completion
Environmental Health Department. Submit plans
and comply with the requirements of the Alameda
County Environmental Health Department.
54. Fire Extinguishers. Provide 2AI0BC fire F Prior to CFC
extinguishers in the retail building/car wash. A occupancy
minimum 2A, 20BC fire extinguisher is required
within 75 feet of any pump, dispenser or fill-pipe
opening. CFC 5202.10. An approved sign in
accordance with the Uniform Fire Code shall be
conspicuously posted above the extinguisher. CFC
1002
55. Knox Box. Provide a Knox box at the main entrance F Prior to CFC 902.4
to the retail building. The Knox box shall contain a occupancy
key that provides access to the tenant space. Order
forms for the Knox box are available at the fire
prevention office at the address above. The key can
be placed in the box during the Fire Department
inspection.
56. Code Compliance. The project shall comply with F Through Fire
Uniform Building and Fire Codes as adopted by the completion
City of Dublin.
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57. Clarifications and Changes to the Conditions. In PW Prior to approval Public
the event that there needs to be clarification to these of IInprovement Works
Conditions of Approval, the Directors of Plans
Community Development and Public Works have
the authority to clarify the intent of these Conditions
of Approval to the Applicant/ Developer by a
written document signed bv the Directors of
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Community Development and Public Works and
placed in the project file. The Directors also have
the authority to make minor modifications to these
conditions without going to a public hearing in order
for the Developer to fulfill needed improvements or
mitigations resulting from impacts of this project.
58. Standard Public Works Conditions of Approval.
Applicant/Developer shall comply with all
applicable City of Dublin Public Works Standard
Conditions of Approval. In the event of a conflict
between the Public Works Standard Conditions of
Approval and these Conditions, these Conditions
shall prevail.
59. Hold Harmless/Indemnification. The Developer
shall defend, indemnify, and hold harmless the City
of Dublin and its agents, officers, and employees
from any claim, action, or proceeding against the
City of Dublin or its agents, officers, or employees
to attack, set aside, void, or annul an approval of the
City of Dublin or its advisory agency, appeal board,
Planning Commission, City Council, Community
Development Director, Zoning Administrator, or
any other department, committee, or agency of the
City to the extent such actions are brought within
I. the time period required by Government Code
Section 66499.37 or other applicable law; provided,
however, that The Developer's duty to so defend,
indemnify, and hold harmless shall be subject to the
City's promptly notifying The Developer of any said
claim, action, or proceeding and the City's full
cooperation in the defense of such actions or
proceedings.
60. Conditions of Approval. A copy of the Conditions
of Approval which has been annotated how each
condition is satisfied shall be included with the
submittals to the Public Works Department for the
review of the improvements plans. The notations
shall clearly indicate how all Conditions of
Approval will be complied with, and where they are
located on the plans. Submittals will not be accepted
without the annotated conditions.
61. Title Report. A current preliminary title report
(prepared within the last six months) together with
copies of all recorded easements and other
encumbrances and copIes of Final Maps for
adjoining properties and off-site easements shall be
submitted for reference as deemed necessary by the
City Engineer/ Director of Public Works.
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Approval
of Improvement
Plans
Through
completion of
Improvements
and occupancy
of the Buildings
With each
submittal of
Improvement
Plans
Prior to approval
of Improvement
Plans
Public
Works
Public
Works
Public
Works
Public
Works
62. Improvements within Existing Easements. The
Applicant/Developer shall obtain written permission
from the beneficiaries of all existing easements
encumbering the site before constructing
improvements within the easement areas if the
proposed improvements are inconsistent with
purpose for which the easement was created. Said
permISSIon shall be forwarded to the City as
evidence of the Applicant/Developer's right to
construct said improvements.
63. Improvement Agreement and Security. Pursuant
to ~ 7 .16.620 of the Municipal Code, the Applicant
shall obtain a Grading!Sitework Permit from the
Public Works Department that governs the
installation of required site improvements. As a
condition of issuance of said permit, Improvement
Security shall be posted to guarantee the faithful
performance of the permitted work. Such security
shall be in the form of cash, a certified or cashier's
check, a letter of credit, or a permit bond executed
by the applicant and a corporate surety authorized to
do business in California. The amount of the
security will be based on the estimated cost of the
site work (excluding the building). The applicant
shall provide an estimate of these costs for City
review with the first plan submittal.
64. Improvement and Grading Plans. All
improvement, drainage, utility and grading plans
submitted to the Public Works Department for
review/approval shall be prepared in accordance
with the approved SDR, these Conditions of
Approval, and the City of Dublin Municipal Code
including Chapter 7.16 (Grading Ordinance). When
submitting plans for review/approval, the
Applicant/Deve1oper shall also fill-out and submit a
City of Dublin Improvement Plan Review Checklist
(three 8-1/2" x 11" pages). Said checklist includes
necessary design criteria and other pertinent
information to assure that plans are submitted in
accordance with established City standards. The
plans shall also reference the current City of Dublin
Standard Plans (booklet), and shall include
applicable City of Dublin Improvement Plan
General Notes (three 8-1/2" x 11" pages). For on-
site improvements, the Applicant/ Developer shall
adhere to the City's On-site Checklist (eight 8-1/2"
x 11" pages). All of these reference documents are
available from the Public Works Department (call
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Prior to approval
of IInprovement
Plans
Prior to issuance
of Grading!
Sitework Permit
Prior to issuance
of Grading!
Sitework Permit
Public
Works
Public
Works
Public
Works
telephone 925-833-6630 for more information).
The Grading Plan shall be in conformance with the
recommendations of the Geotechnical Report, the
approved SDR, and the City design standards &
ordinances. In case of conflict between the soil
engineer's recommendations and City ordinances,
the City Engineer shall determine which shall apply.
A detailed Erosion Control Plan shall be included
with the Grading Plan. The plan shall include
detailed design, location, and maintenance criteria of
all erosion and sedimentation control measures.
Detailed Engineer's Estimate of improvement costs
shall be submitted with the plans.
65. Grading!Sitework Permit. All improvement work
must be performed per a Grading! Sitework Permit
issued by the Public Works Department. Said
permit will be based on the final set of civil plans to
be approved once all of the plan check comments
have been resolved. Please refer to the handout
titled Grading/Site Improvement Permit Application
Instructions and attached application (three 8-1/2" x
11" pages) for more information. The
Applicant/Developer must fill in and return the
applicant information contained on pages 2 and 3.
The current cost of the permit is $10.00 due at the
time of permit Issuance, although the
Applicant/Developer will be responsible for any
adopted increases to the fee amount.
66. Erosion Control during Construction. Applicant/
Developer shall include an Erosion and Sediment
Control Plan with the Grading and Improvement
plans for review and approval by the City Engineer
and/or Public Works Director. Said plan shall be
designed, implemented, and continually maintained
pursuant to the City's NPDES permit between
October 1 st and April 15th or beyond these dates if
dictated by rainy weather, or as otherwise directed
by the City Engineer and/or Public Works Director.
All grading, construction, and development
activities within the City of Dublin must comply
with the provisions of the Clean Water Act. Proper
eroSIOn control measures must be installed at
development sites within the City during
construction, and all activities shall adhere to Best
Management Practices.
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Issuance of
Grading!
Sitework Permit
Issuance of
Grading!
Sitework Permit
and during
construction
Public
Works
Public
Works
67. Water Quality/Best Management Practices.
Pursuant to the Alameda Countywide National
Pollution Discharges Elimination Permit (NPDES)
No. CAS0029831 with the California Regional
Water Quality Control Board (RWQCB), the
applicant shall design and operate the site in a
manner consistent with the Start at the Source
publication, and according to Best Management
Practices to minimize storm water pollution. All
trash dumpsters and compactors which are not
sealed shall have roofs to prevent contaminants from
washing into the storm drain system. Runoff from
pavement areas shall be directed to biofiltration
swales or other approved post-construction storm
water BMPs. Storm drain markers shall be installed
on all storm drain inlets using an approved marker
available from the Alameda Countywide Clean
Water Program
68. Storm Drain Improvements. Applicant/ Developer
shall construct all required storm drain
improvements in accordance with a site-specific
hydrologylhydraulic analysis and/or as specified by
the Public Works Director. Plans submitted for the
storm drain improvements shall include full
drainage pattern for the entire parking lot.
69. Storm Water Treatment Measures Maintenance
Agreement. Applicant/Developer shall enter into
an agreement with the City of Dublin that
guarantees the property owner's 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 reissuance
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 properly operated and maintained.
70. Zone 7 Drainage Fee. The applicant will be
required to pay Zone Ts SDA 7-1 Impervious
surface Area fees for all new hardscape areas.
71. Roof Drainage. Roof drainage shall drain across
bio-swales or into bio-filters prior to entering the
storm drain system. The landscaping and drainage
improvements in the bio-swale and bio-filters shall
be appropriate for water quality treatment. The City
Engineer may exempt specific roof leaders from this
requirement if space limitations prevent adequate
water treatment without creating hazards, nuisance
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Issuance of
Grading!
Sitework Permit
Issuance of
Grading!
Sitework Permit
Issuance of
Occupancy
Permit(s)
Issuance of
Building
PermiUs)
Approval of
Improvement
Plans
Public
Works
Public
Works
Public
Works
Public
Works
Public
Works
or structural concerns. Concentrated flows will not
be allowed to drain across public sidewalks.
72. Geotechnical Report and Recommendations. The
Applicant/ Developer shall incorporate the
recommendations of the project Geotechnical
Investigations report or as may be amended by
subsequent report, and additional mitigation
measures required by the City Engineer, into the
project design. The Geotechnical Engineer shall
certify that the project design conforms to the report
recommendations prior to issuance of a
Grading/Sitework Permit. All report
recommendations shall be followed during the
course of grading and construction.
73. Disabled Parking. All disabled parking stalls shall
meet State Title 24 requirements, including
providing curb ramps at each loading zone. Curb
ramps cannot encroach within the loading/unloading
areas. Disabled stalls shall be conveniently located
and grouped near the primary entrances to each
building. Van accessible stalls shall also be provided
and shall meet State Title 24 requirements.
74. Disabled Access Ramps. The Applicant/ Developer
shall install disabled access ramps, and where
necessary replace or retrofit all existing handicapped
ramps, including those located along the project
frontage, to meet current State Title 24
requirements.
75. Vehicle Parking. Applicant shall repair any
distressed areas of pavement within the existing
parking field, then seal and re-stripe the entire
parking field. All parking spaces shall be double
striped using 4" white lines set approximately 2 feet
apart according to Figure 76-3 and g8.76.070 (A) 17
of the Dublin Municipal Code. All compact-sized
parking spaces shall have the word "COMPACT"
stenciled on the pavement within each space. 12"-
wide concrete step-out curbs shall be constructed at
each parking space where one or both sides abuts a
landscaped area or planter. Wheel stops as necessary
shall be provided at the parking stalls.
76. Sidewalk. The Applicant/Developer shall repair
any damaged sidewalk along the site frontage. Per
Section 1114B.l.2 of the California Building Code,
an accessible and direct route travel shall be
provided between the building and the public
sidewalk on San Ramon Road
77. Si~s and Pavement Markin~s. The Applicant/
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Issuance of
Grading/
Sitework Permit
and during
construction
Issuance of
Occupancy
Permit(s)
Issuance of
Occupancy
Permit(s)
Issuance of
Occupancy
Permit(s)
Issuance of
Occupancy
Permit(s)
Issuance of
Public
Works
Public
Works
Public
Works
Public
Works
Public
Works
Public
Developer shall be responsible for the following on-
site traffic signs and pavement markings:
1. Handicapped parking signs and legends per
State Title 24 requirements.
Any other signs and markings deemed reasonably
necessary by the City Engineer and/or Public Works
Director during final design and/or construction.
78. Relocation of Existing Improvements/ Utilities.
Any necessary relocation of existing improvements
or utilities shall be accomplished at no expense to
the City.
79. Construction Hours. Construction and grading
operations shall be limited to weekdays (Monday
through Friday) and non-City holidays between the
hours of 7:30 a.m. and 5:30 p.m. The
Applicant/Developer may request permission to
work on Saturdays and/or holidays between the
hours of 8:30 a.m. and 5:00 p.m. by submitting a
request form to the City Engineer no later than 5:00
p.m. the prior Wednesday. Overtime inspection
rates will apply for all Saturday and/or holiday
work.
80. Construction Noise Management Program!
Construction Impact Reduction Plan. Applicant/
Developer shall conform to the following
Construction Noise Management Program!
Construction IInpact Reduction Plan. The following
measures shall be taken to reduce construction
impacts:
1. Off-site truck traffic shall be routed as directly
as practical to and from the freeway (1-680) to
the job site. An Oversized Load Permit shall be
obtained from the City prior to hauling of any
oversized loads on City streets.
2. The construction site shall be watered at regular
intervals during all grading activities. The
frequency of watering should increase if wind
speeds exceed 15 miles per hour. Watering
should include all excavated and graded areas
and material to be transported off-site. Use
recycled or other non-potable water resources
where feasible.
3. Construction equipment shall not be left idling
while not in use.
4. Construction equipment shall be fitted with
noise muffling devices.
5. Mud and dust carried onto street surfaces by
construction vehicles shall be cleaned-up on a
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Occupancy
Permit(s)
Acceptance of
Improvements
by City Council
During
Construction
During
Construction
Works
Public
Works
Public
Works
Public
Works
daily basis.
6. Excavation haul trucks shall use tarpaulins or
other effective covers.
7. Upon completion of construction, measures shall
be taken to reduce wind erosion. Repaving
should be completed as soon as possible.
8. After grading is completed, fugitive dust on
exposed soil surfaces shall be controlled using
the following methods:
a) All portions of the site shall be sufficiently
watered to prevent dust.
b) On-site vehicle speed shall be limited to 15
mph.
c) Use of petroleum-based palliatives shall
meet the road oil requirements of the Air
Quality District. Non-petroleum based
tackifiers may be required by the City
Engineer.
9. The Department of Public Works shall handle
all dust complaints. The City Engineer may
require the services of an air quality consultant
to advise the City on the severity of the dust
problem and additional ways to mitigate impact
on residents, including temporarily halting
project construction. Dust concerns in adjoining
communities as well as the City of Dublin shall
be addressed. Control measures shall be related
to wind conditions. Air quality monitoring of
PM levels shall be provided as required by the
City Engineer.
10. Construction interference with regional non-
project traffic shall be minimized by:
a) Scheduling receipt of construction
materials to non-peak travel periods.
b) Routing construction traffic through
areas of least impact sensitivity.
c) Routing construction traffic to minimize
construction interference with regional
non-project traffic movement.
d) Limiting lane closures and detours to
off-peak travel periods.
e) Providing ride-share incentives for
contractor and subcontractor personnel.
f) Emissions control of on-site equipment
shall be minimized through a routine
mandatory program of low-emissions tune-
ups.
81. Damage/Repairs. The Applicant/Developer shall
be responsible for the repair of any damagede
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Acceptance of
Improvements
Public
Works
pavement, curb & gutter, sidewalk, or other public
street facility resulting from construction activities
associated with the development of the proiect.
82. Fire Hydrants. The Applicant/Developer shall
construct all new fire hydrants in accordance with
City of Dublin Fire requirements. Final location of
fire hydrants shall be approved by City of Dublin
Fire in accordance with current standards. Raised
blue reflectorized traffic markers shall be epoxied to
the center ofthe street opposite each hydrant.
83. Occupancy Permit Requirements. Prior to
issuance of an Occupancy Permit, the physical
condition of the project site shall meet minimum
health and safety standards including, but not
limited to the following:
1. The walkways providing access to the building
shall be complete, as determined by the City
Engineer, to allow for safe, unobstructed
pedestrian and vehicle access to and from the
site.
2. All traffic control devices providing access to
the site shall be in place and fully functional.
3. All address numbers for streets providing access
to the buildings shall be in place and visible.
4. Lighting for the site shall be adequate for safety
and security. Exterior lighting shall be provided
for building entrances/exits and pedestrian
walkways. Security lighting shall be provided
as required by Dublin Police.
5. All construction equipment, materials, or on-
going work shall be separated from the public
by use of fencing, barricades, caution ribbon, or
other means approved by the City Engineer.
6. All fire hydrants shall be operable and easily
accessible to City and City of Dublin Fire
personnel.
7. All site features designed to serve the disabled
(i.e. H/C parking stalls, accessible walkways,
signage) shall be installed and fully functional.
84. Refuse Collection. The Applicant/ Developer shall
I provide designated refuse collection areas for the
project, subject to approval by the appropriate solid
waste collection company prior to approval of
improvement plans. All refuse collection areas shall
be screened from public view and shall have roofs to
protect against rainwater intrusion and floor drains
connected to the sanitary sewer system to collect
runoff from periodic washdown.
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by City Council
Prior to issuance
of Occupancy
Permits
Prior to issuance
of Occupancy
Permit
Issuance of
Building Permit
Public
Works
Public
Works
Public
Works
The refuse collection service provider shall be
consulted to ensure that adequate space is provided
to accommodate collection and sorting of
putrescible solid waste as well as source-separated
rec clable materials enerated b this ro' ect.
85. Required Permits. An encroachment permit from PW
the Public Works Department may be required for
any work done within the public right-of-way.
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 Department of Fish and
Game, Army Corps of Engineers, Regional Water
Quality Control Board, Caltrans and provide copies
of the ermits to the Public Works De artment.
86. Public Improvements. All public improvements PW
constructed by Developer and to be dedicated to the
City are hereby identified as "public works" under
Labor Code section 1771 unless the Public Works
Director specifically determines otherwise in
writing. Accordingly, Developer, in constructing
such improvements, shall comply with the
Prevailing Wage Law (Labor Code. Sects. 1720 and
followin ).
'DUBLIN..POL'CE..S~ai\tlC~S
87. Non Residential Security Ordinance
requirements. The Applicant/Developer shall
comply with all applicable City of Dublin Non
Residential Security Ordinance requirements.
88. Security Plan Required. The Applicant/ PO
Developer shall submit a Security Plan for the site
for review by Dublin Police Services prior to
occupancy. The Plan shall include information on:
1. Alarm systems
2. Camera systems
3. Key control
4. A completed "Business Site Emergency
Response Card"
5. Emplo ee safety/securit training
DSRSD UBLIN SAN RAMON SERVICES DISTRICT
89. Improvement Plan Submittal. Prior to issuance of DSRSD
any Building Permit by the City of Dublin, complete
improvement plans shall be submitted to DSRSD
that conform to the requirements of the Dublin San
Ramon Services District Code, the DSRSD
"Standard Procedures, Specifications and Drawings
for Desi and Installation of Water and Wastewater
Various Times
and Prior to
Issuance of
Building Permit
Public
Works
Acceptance of
Improvements
by City Council
Public
Works
Occupancy
Police
Issuance of any
building permit
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Facilities", all applicable DSRSD Master Plans and
all DSRSD policies.
90. Fees. Prior to issuance of any Building Permit by the DSRSD
City of Dublin or any Construction Permit by
DSRSD, 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.
91. Improvement Plan Approval for DSRSD DSRSD
Facilities. Prior to issuance of any Building Permit
by the City of Dublin or any Construction Permit by
the DSRSD, 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 comprehensive general liability insurance
policy in the amounts and forms that are acceptable
to DSRSD. The applicant shall allow at least 15
working days for final improvement drawing review
by DSRSD before signature by the District
Engineer.
92. Utility Construction Permit. No sewer or water DSRSD
line construction shall be permitted unless the
proper utility construction permit has been issued by
DSRSD. A construction permit will only be issued
after all DSRSD conditions have been satisfied.
93. Indemnification. The Applicant shall hold DSRSD, DSRSD
it's 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 completion of
the project.
OtBERCONDItIONS ..<" .
94. Construction, Ingress and Egress, and PL, PW
Maintenance Easement. The ApplicantlDeveloper
shall obtain any and all necessary easements for the
construction, ingress and egress, and maintenance of
a driveway sufficient to allow vehicular and fuel
truck access (ingress and egress) to and from San
Ramon Road, which easement(s) shall be in a form
220f23
Issuance of any
permit
Issuance of any
permit
On-going
DSRSD
DSRSD
DSRSD
DSRSD
'. .' - ~~ ---~ .-.
Occupancy Planning
and Public
Works
satisfactory to the City Attorney. Such easement(s)
shall be in addition to any rights granted by
Easement Agreement 2004476257 dated
10/25/2004.
95. Driveway Design - San Ramon Road. PL Issuance of Planning
Modifications to the design of the driveway south of Building Permits
the project on San Ramon Road (APN 941-0164-
003-03), as approved under Ordinance 19-04 and
City Council Resolution 81-04 for the San Ramon
Village Plaza project, are subject to review and
approval by the City in accordance with the Dublin
Zoning Ordinance. Such approval is required prior
to commencing construction on modifications to this
area.
96. Driveway Construction. Prior to occupancy, PL Occupancy Planning
construction of the driveway south of the project on
San Ramon Road shall be complete and the
driveway shall be open and operational.
PASSED, APPROVED, AND ADOPTED this 24th day of April 2007 by the following vote:
AYES: Chair Schaub, Vice Chair Wehrenberg, Commissioners Biddle, King, Tomlinson
NOES: None
ABSENT: None
ABSTAIN: None
~ dd",
Planning Commission Chair
ATTEST:
G:IPA#\2006106-013 Shell Gas Station RemodellPCIPC Reso CUP _SDR,DOC
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