HomeMy WebLinkAbout6.1 Custom Fireplace, Patio PD Rezone
CITY CLERK
File # D~[[]~-~[Q]
X 410-55
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: September 4, 2007
SUBJECT:
ATTACHMENTS:
~
RECOMMENDATION: ~ 1)
2)
PUBLIC HEARING: P A 07-001 Custom Fireplace, Patio &
BBQ Downtown Core Specific Plan Amendment, Zoning Map
Amendment and Planned Development Rezone with Stage 1 and
2 Development Plan
Report prepared by Marnie R. Nuccio, Senior Planner
1)
Resolution amending the Downtown Core Specific Plan to
change the Retail/Auto land use designation to Retail/Office
for 1.94 acres of land located at 7099 Amador Plaza Road.
Ordinance amending the Zoning Map and adopting a Planned
Development Rezone amending the Stage 1 Development
Plan and adopting a Stage 2 Development Plan for Custom
Fireplace, Patio and BBQ located at 7099 Amador Plaza
Road.
City Council Agenda Statement and Meeting Minutes of
September 19, 2006.
Planning Commission Agenda Statement of August 14,
2007, without attachments.
Planning Commission Resolution 07-39 recommending City
Council approval of an amendment to the Downtown Core
Specific Plan to change the Retail/Auto land use designation
to Retail/Office.
Planning Commission Resolution 07-40 recommending that
the City Council amend the Zoning Map and adopt a Planned
Development Rezone with Stage 2 Development Plan.
Planning Commission Resolution 07-41 approving a
Conditional Use Permit for Retail - Outdoor Storage and
Site Development Review to construct an approximately
10,900 square foot addition to an existing 9,370 square foot
building, with Project Plans attached as Exhibit A.
2)
3)
4)
5)
6)
7)
Receive Staff presentation;
Open the public hearing;
COpy TO:
Page 1 of6
ITEM NO. lc ./
G:IPA#12007\07-001 Custom Fireplace, Patio, BBQ\CCICCSR 09-04-0 7. doc
3) Take testimony from the Applicant and the public;
4) Close the public hearing and deliberate;
5) Adopt Resolution (Attachment 1) amending the Downtown
Core Specific Plan to change the Retail! Auto land use
designation to Retail/Office for 1.94 acres of land located at
7099 Amador Plaza Road; and
6) Waive the reading and introduce an Ordinance (Attachment
2) amending the Zoning Map and adopting a Planned
Development Rezone amending the Stage 1 Development
Plan and adopting a Stage 2 Development Plan for Custom
Fireplace, Patio and BBQ located at 7099 Amador Plaza
Road.
FINANCIAL STATEMENT:
None.
PROJECT DESCRIPTION:
The Applicant, Architectural Networks, Inc., on behalf of the property owner and business owner, Walt
Ligon, has requested approval of a Downtown Core Specific Plan Amendmerit and Planned Development
Rezone to amend the Stage 1 Development Plan and adopt a Stage 2 Development Plan to change the
existing Specific Plan land use designation from Retail! Auto to Retail/Office and establish development
standards for the expansion and remodeling of an existing building at 7099 Amador Plaza Road (the
"Project")(see Figure 1).
Amador Plaza
Road
Veterinary Surgical
Associates
Amador Plaza
Shopping Center
Tnterstate 6RO
Background
The property at 7099 Amador Plaza Road was previously occupied by Ken Harvey's Dublin Honda for an
automobile dealership. Mr. Harvey recently constructed a new dealership at the comer of Dublin
Boulevard and Scarlett Drive and has sold the property on Amador Plaza Road to Walt Ligon. Mr. Ligon
currently operates Custom Fireplace, Patio & BBQ from a leased tenant space north of the Project site in a
Page 2 of6
multi-tenant commercial building known as the Amador Plaza Shopping Center. Custom Fireplace, Patio
and BBQ is a retail commercial business that specializes in the sale of outdoor patio furnishings. The
business has outgrown its current location; therefore, Mr. Ligon would like to relocate the business to the
former Dublin Honda site and expand the existing 9,370 square foot building by adding an additional
10,900 square feet. The expanded building would include an entirely new fa9ade, new signage, and site
improvements including new parking and circulation, new landscaping and fencing and a new trash
enclosure.
The Project is located within the Downtown Core Specific Plan area and has a current land use
designation of Retail! Auto consistent with the prior use of the property as a Honda dealership. The
Downtown Core Specific Plan limits the use of the property to sales and service of new and used vehicles.
In anticipation of purchasing the property, Mr. Ligon requested that the City Council initiate a Downtown
Core Specific Plan amendment to change the land use designation from Retail! Auto to Retail!Office to
allow for the operation of his retail establishment on the former auto dealership site. The City Council
granted the request on September 19,2006 (see Attachment 3).
ANALYSIS:
The Project site has a General Plan land use designation of Retail!Office. The Project is consistent with
the General Plan land use designation. The Project is also within the Downtown Core Specific Plan area
and has a Specific Plan land use designation of Retail! Automotive which limits retail uses on the site to
automotive uses only. The Project includes a request to amend the Specific Plan to change the land use
designation from Retail! Automotive to Retail!Office to permit the establishment of other retail uses such
as Custom Fireplace, Patio and BBQ. The amendment to the Specific Plan also warrants an amendment
to the Stage 1 Development Plan to maintain consistency between the Specific Plan and the Planned
Development Zoning. Furthermore, in accordance with the Downtown Core Specific Plan, a Planned
Development Rezone with Stage 2 Development Plan is required for any new development within the
Specific Plan area.
Downtown Core Specific Plan Amendment
The Downtown Core Specific Plan was adopted by the Dublin City Council on December 19, 2000
(Resolution 229-00) for the purpose of fostering appropriate development and' redevelopment of
properties located in Dublin's downtown core area. The Specific Plan covers approximately 51 acres
which has been developed historically with freestanding retail buildings which cater to automobiles. The
Specific Plan aims to capitalize on the proximity of the future West Dublin BART Station which would
provide a new transportation opportunity for accessing the downtown core area. One of the goals of the
Specific Plan is to integrate new, small scale developments with existing big box retail uses creating more
opportunities for pedestrian scale retail and service establishments as well as public plazas and green
spaces.
The Downtown Core Specific Plan governs the use of land, development standards, design of public
improvements and the design of private improvements including buildings, parking areas, signs and
landscaping. The Specific Plan allows for the establishment of retail uses within existing buildings but
requires that all new construction and development conform to the adopted land use categories in the
Specific Plan. The Project is considered new construction and development, and therefore must conform
to the Specific Plan land use category Retail! Automotive. Since the Project is not an automotive use, an
amendment to the Specific Plan is necessary.
Page 3 of6
Throughout the Specific Plan area two properties are designated Retail! Automotive, the Project site and
the site of the recently approved Veterinary Surgical Associates at 7159 Amador Plaza Road. Both of
these properties were previously occupied by Dublin Honda and utilized for automotive sales and service
uses. The proposed Specific Plan amendment to change the land use designation from Retail! Automotive
to Retail!Office would only apply to the Project site.
Modifying the land use designation for the Project site would be consistent with surrounding land uses
which include Retail!Office and Commercial A. Retail!Office uses include a range of general retail uses
as well as professional, business, corporate, medical and dental offices. Commercial A uses generally
include larger retail centers, general retail and service uses, and restaurants. The Project, a retail
establishment which specializes in the sale of home improvement products, is a general retail use and
would be consistent with the Retail!Office land use designation as well as surrounding land uses.
Modifying the land use designation for the Project site would also be compatible with the overall vision of
the Downtown Core Specific Plan. Goal #8 of the Specific Plan allows for existing uses and buildings to
be converted to uses consistent with the vision and requirements of the Specific Plan. Furthermore, the
Specific Plan encourages the gradual phasing out of automobile sales and service land uses in the Specific
Plan area. The Project furthers this goal by modifying the land use designation from Retail!Automotive to
Retail!Office and allowing for an existing downtown core business to expand.
It should also be noted that while Staff recognizes that a new Specific Plan for the downtown area is
currently underway, the modification to the land use designation and the allowance for an existing
business to expand was considered by the City Council in September 2006 with the request to initiate the
Specific Plan amendment. The City Council unanimously decided that the request would benefit the
community and fit in with the downtown vision.
Planned Development Rezone - Stage 1 and 2 Development Plan
One of the implementation measures of the Downtown Core Specific Plan was to adopt a Planned
Development Zoning District for the entire Specific Plan area; this was accomplished in April 2002
(Ordinance 3-02). The Downtown Core Specific Plan serves as the Stage 1 Development Plan for the
entire Specific Plan area. An amendment to the Stage 1 Development Plan is necessary to reflect the
proposed change in land use from Retail!Auto to Retail!Office for the Project site.
In accordance with the Downtown Core Specific Plan and the Dublin Zoning Ordinance, a Stage 2
Development Plan is also required before any ministerial or discretionary permits can be issued for. the
Project. The Stage 2 Development Plan includes: 1) a statement of compatibility with the Stage 1
Development Plan; 2) a statement of proposed uses; 3) a site plan; 4) site area and proposed densities; 5)
development regulations; 6) architectural standards; and 7) a preliminary landscape plan. The Stage 2
Development Plan is included as Attachment 2.
The Stage 2 Development plan is compatible with the Stage 1 Development Plan by replacing automotive
sales and services uses with general retail and office uses. Permitted general retail uses include retail trade
establishments selling many lines of new and used merchandise directly to customers and permitted office
uses include business, administration and professional services as well as outpatient medical services.
The site plan, site area and proposed density, development regulations, architectural standards and
preliminary landscape plan are as shown on the Project plans prepared by Architectural Networks, Inc.
dated received by the Planning Division on June 25,2007.
Page 4 of6
Planning Commission Action
On August 14,2007, Staff presented the Project to the Planning Commission (see Attachment 4) and the
Planning Commission adopted the following Resolutions:
1) Recommending City Council approval of an amendment to the Downtown Core Specific Plan to
change the Retail!Auto land use designation to Retail!Office (see Attachment 5);
2) Recommending that the City Council amend the Zoning Map and adopt a Planned Development
Rezone with Stage 2 Development Plan (see Attachment 6); and
3) Approving a Conditional Use Permit for Retail- Outdoor Storage and Site Development Review
to construct an approximatelyJO,900 square foot addition to an existing 9,370 square foot building
(see Attachment 7).
The Planning Commission's approval of the Conditional Use Permit and Site Development Review is
contingent upon City Council approval of the Downtown Core Specific Plan amendment and Planned
Development Rezone with Stage 1 and 2 Development Plans.
ENVIRONMENTAL REVIEW:
The project has been found to be Categorically Exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15332, In-Fill Development Projects. The Project consists of an amendment
to the Downtown Core Specific Plan to change the Specific Plan land use designation from
Retail! Automotive to Retail!Office to allow for the establishment of a retail commercial use; a Planned
Development Rezone amending the Stage 1 Development Plan and adopting a Stage 2 Development Plan
in accordance with the Downtown Core Specific Plan and the Dublin Zoning Ordinance; a Conditional
Use Permit for approximately 1,600 square feet of Retail - Outdoor Storage; and Site Development
Review to construct an approximately 10,900 square foot addition to an existing 9,370 square foot
building and modifications to site layout including alterations to parking and circulation, installation of
new landscaping and fencing and new trash enclosures.
NOTICING:
In accordance with State law, a public notice was mailed to all property owners and occupants/residents
within three hundred feet of the proposed Project to advertise the Project and the public hearing scheduled
for September 4, 2007. The public notice was also published in the Valley Times and posted at several
locations throughout the City.
CONCLUSION:
The Project has been reviewed by all applicable City departments and agencies, and their comments have
been incorporated into the Conditions of Approval for the Project. The proposed Project, as conditioned,
is consistent with the Dublin General Plan, the Downtown Core Specific Plan and the Planned
Development Zoning District in which the Project is located and represents an appropriate project for the
site. The Project contributes to the intensification of the downtown core area through the expansion of an
existing downtown business and implements the goals of the Downtown Core Specific Plan by phasing
out an automobile sales and service use and converting to a retail use consistent with the vision and
requirements of the Specific Plan. The expansion and exterior remodeling of the existing building
contributes to the enhancement of the downtown core area by providing a Project that is attractive and
architecturally compatible with recent developments in the area.
Page 5 of6
RECOMMENDATION:
Staff recommends that the City Council: 1) 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 (Attachment 1) amending the Downtown Core Specific Plan to change the Retail! Auto land
use designation to Retail!Office for 1.94 acres ofland located at 7099 Amador Plaza Road; and 6) Waive
the reading and introduce an Ordinance (Attachment 2) amending the Zoning Map and adopting a Planned
Development Rezone amending the Stage 1 Development Plan and adopting a Stage 2 Development Plan
for Custom Fireplace, Patio and BBQ located at 7099 Amador Plaza Road.
Page 6 of6
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RESOLUTION NO. XX - 07
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AMENDING THE DOWNTOWN CORE SPECIFIC PLAN
TO CHANGE THE RETAIL/AUTO LAND USE DESIGNATION TO RETAIL/OFFICE
FOR 1.94 ACRES OF LAND LOCATED AT 7099 AMADOR PLAZA ROAD
(CUSTOM FIREPLACE, PATIO & BBQ)
(APN 941-0305-026)
PA 07-001
WHEREAS, the Applicant, Architectural Networks, Inc. on behalf of the property owner and
business owner, Walt Ligon, has requested approval of an amendment to the Downtown Core Specific
Plan to change the Retail! Automotive land use designation to Retail!Office for 1.94 acres of land;
approval of a PD, Planned Development Rezone with a Stage 2 Development Plan in accordance with the
Downtown Core Specific Plan; approval of a Conditional Use Permit for Retail - Outdoor Storage; and
approval of Site Development Review to construct an approximately 10,900 square foot addition to an
existing 9,370 square foot building, related site improvements including new parking and circulation, new
lari.dscaping and fencing and a new trash enclosure, and a new wall sign located at 7099 Amador Plaza
Road (the "Project"); and
WHEREAS, the project site is located within the Downtown Core Specific Plan area ("Specific
Plan area"); and
WHEREAS, the Applicant is requesting an amendment to the Downtown Core Specific Plan
("Specific Plan Amendment") to change the Retail! Auto land use designation for 1.94 acres of land at
7099 Amador Plaza Road to Retail!Office to allow for the expansion of an existing building and the
establishment of a retail commercial tenant, Custom Fireplace, Patio and BBQ; and
WHEREAS, the Specific Plan Amendment is consistent with the Dublin General Plan which
designates the site as Retail!Office and allows for shopping centers, stores, restaurants, business and
professional offices, motels, service stations and sale of auto parts; and
WHEREAS, the Specific Plan area is zoned Planned Development (Ord. 03-02) and requires that
a Planned Development Rezone, Stage 2 Development Plan and Site Development Review be approved
prior to the development of property within the Plan area; and
WHEREAS, the Downtown Core Specific Plan is also the Stage 1 Development Plan for the
Planned Development Zoning District (P A 02-005) and therefore an Ordinance amending the Stage 1
Development Plan is also required; and
WHEREAS, the Applicant has submitted a complete application which is available and on file in
the Planning Division for a Downtown Core Specific Plan Amendment; PD, Planned Development
Rezone and Stage 2 Development Plan; Conditional Use Permit; and Site Development Review for the
above described proj ect; and
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ATTACHMENT 1
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WHEREAS, the California Environmental Quality Act (CEQA), together with State CEQA
Guidelines, requires that certain projects be reviewed for environmental impacts and that environmental
documents be prepared; and
WHEREAS, on December 19,2000, the Dublin City Council certified a Negative Declaration for
the Downtown Core Specific Plan (Resolution 226-00); and
WHEREAS, the Downtown Core Specific Plan states that major amendments to the Specific Plan
are subject to additional environmental review pursuant to CEQA; and
WHEREAS, the Project has been reviewed in accordance with CEQA and a determination has
been made that the proposed Specific Plan Amendment is not a major amendment; therefore, Staff is
recommending that the Project be found Categorically Exempt from CEQA pursuant to Section 15332,
In-Fill Development Projects; and
WHEREAS, the Planning Commission did hold a properly noticed public hearing on said
application on August 14, 2007 and recommended City Council approval of the Specific Plan
Amendment; and
WHEREAS, the City Council did hold a properly noticed public hearing on said application on
September 4,2007; and
WHEREAS, proper notices of said hearings were given in all respects as required by law; and
WHEREAS, a Staff Report was submitted to the Dublin City Council, dated September 4, 2007
recommending approval of a Resolution amending the Downtown Core Specific Plan to change the
Retail! Auto land use designation to Retail!Office for 1.94 acres of land at 7099 Amador Plaza Road for
Custom Fireplace, Patio and BBQ (pA 07-001); and
WHEREAS, the City Council did hear and use independent judgment and considered all said
reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby find that:
A. The Downtown Core Specific Plan Amendment is consistent with the Dublin General Plan land
use designation of Retail/Office and the goals, policies and implementing programs set forth in the
Dublin General Plan in that: 1) the Retail!Office land use designation in the Specific Plan allows
for a range of general retail uses which is consistent with the types of uses allowed under the
General Plan land use designation; and 2) changing the land use from Retail! Auto to Retail!Office
allows for the intensification of an existing downtown retail business which has outgrown its
existing location.
B. The Downtown Core Specific Plan Amendment is consistent with the goals and objectives of the.
Specific Plan in that: 1) the Amendment encourages development in the Downtown Core by
allowing for additional general retail uses to be established; 2) the establishment of additional
general retail uses will contribute to the existing tax base in the downtown area; 3) the expansion
of an existing downtown. retail business is a positive contribution to the creation of an appropriate
mix of small, medium and large scale retail uses; 4) allows for the retention of an existing
Downtown Core business by permitting it to expand in another location within the Downtown
Core area; and 5) allows for the phasing out of an existing automobile sales and service land use.
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NOW, THEREFORE, BE IT FURTHER RESOL YED that the Dublin City Council does
hereby approve the Downtown Core Specific Plan Amendment as follows:
Section 1.
MAP OF PROPERTY
Approximately 1.94 acres located at 7099 Amador Plaza Road, APN 941-0305-026. A location
map of the area to be changed from Retail!Auto to Retail! Office is shown below:
RIA (Retail! Auto)
replaced with
RIO (Retail!Office
( ) uss ".$ NOTUl
.
.
(I'H))
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Section 2.
TEXT AMENDMENTS
Table 4. Maximum Economic Development Potential
SP Land Use Category* Acres FAR Existing Dev. Maximum Dev.
DU/AC (sq. ft.) (sq. ft.)
Commercial A (Com A) 25.49 0.40 364,484 444,140
Commercial B (Com B) 5.45 0.52 69,752 122,390
Retail/Office (RIO) 9-:&8 11.82 0.79 8,934 341,120
Retail/Auto (RIA) ~ 0.61 0.79 22,420 13.486 87,750
Office (0) 1.37 0.50 13,120 29,840
Mixed Use (MU) 6.92 0.60 -- . 181,630+
100DU
Ri2ht-of-Way 1.32 -- -- --
Totals ~ 52.98 -- 469,776 1,207,930+
ODU 100 DU
*Note: Includes potential plaza areas
PASSED, APPROVED, AND ADOPTED BY the City Council ofthe City of Dublin on this 4th
day of September 2007, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Janet Lockhart, Mayor
ATTEST:
City Clerk
G:\PA#\2007\07-001 Custom Fireplace, Patio, BBQ\CC\CC Reso SPA doc
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ORDINANCE NO. XX - 07
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AMENDING THE ZONING MAP AND ADOPTING A PLANNED DEVELOPMENT
REZONE AMENDING THE STAGE 1 DEVELOPMENT PLAN AND ADOPTING A STAGE
2 DEVELOPMENT PLAN FOR CUSTOM FIREPLACE, PATIO AND BBQ LOCATED AT
7099 AMADOR PLAZA ROAD
(APN 941-0305-026)
PA 07-001
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. RECITALS
A. By Ordinance No. 03-02 the City Council rezoned approximately 51 acres of land known
as the Downtown Core Specific Plan area ("the Downtown Core Specific Plan") to a Planned
Development Zoning District (P A 02-005) and adopted a Stage 1 Development Plan for the Downtown
Core Specific Plan. The Stage 1 Development Plan is the Downtown Core Specific Plan which was
adopted on December 19, 2000.
B. This Ordinance amends the Stage 1 Development Plan (the Downtown Core Specific Plan)
to change the Retail! Auto land use designation to Retail!Office for the property at 7099 Amador Plaza
Road (APN 941-0305-026) and adopts a Stage 2 Development Plan for the same property to allow for the
expansion of an existing building for a retail establishment, namely Custom Fireplace, Patio and BBQ.
Section 2. FINDINGS AND DETERMINATIONS
Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as follows:
1. The Planned Development Rezone, amended Stage 1 Development Plan and the Stage 2
Development Plan meet the intent and purpose of Chapter 8.32 of the Zoning Ordinance
because they provide efficient use of the Project site pursuant to General Plan and Downtown
Core Specific Plan policies and establish permitted, conditionally permitted and temporary
uses and other standards which will ensure that the Project will be compatible with
commercial and public uses in the immediate vicinity.
2. Development under the Planned Development Zoning, amended Stage 1 Development Plan
and the Stage 2 Development Plan will be harmonious and compatible with existing and future
development in the surrounding area in that the proposed uses and development standards are
consistent with the adopted Stage 1 Development Plan, as amended. Compliance with the
Stage 1 Development Plan ensures that the Developer's Project will be harmonious and
compatible with other existing and future development in the area. Through compliance with
the adopted Stage 1 Development Plan, as amended, the Stage 2 Development Plan for the
proposed Project will create a pedestrian oriented development with a pedestrian scale.
AITACHMENT 2
{aVO ~to
Pursuant to Sections 8.120.050 ofthe Dublin Municipal Code, the City Council finds as follows:
1. Development under the Planned Development Zoning, amended Stage 1 Development Plan
and the Stage 2 Development Plan will be harmonious and compatible with existing and future
development in the surrounding area in that the proposed uses and development standards are
consistent with the adopted Stage 1 Development Plan, as amended. Compliance with the
Stage 1 Development Plan, as amended, ensures that the Developer's Project will be
harmonious and compatible with other existing and future development in the area. Through
compliance with the adopted Stage 1 Development Plan, as amended, the Stage 2
Development Plan for the proposed Project will create a pedestrian oriented development with
a pedestrian scale.
2. The Project site is physically suitable for the type and intensity of this Project in that it is
intended to conform with City policies related to comprehensive planning in the Downtown
Core Specific Plan area. The Project is designed to minimally affect the existing topography
and terrain of the site, has adequate access, and compliments existing and proposed
development in the surrounding areas.
3. The proposed Planned Development Rezoning, amended Stage 1 Development Plan and the
Stage 2 Development Plan will not adversely affect the health or safety of persons residing or
working in the vicinity or be detrimental to the public health, safety or welfare because the
Stage 2 Development Plan has been designed in accordance with the City of Dublin General
Plan, Downtown Core Specific Plan and all applicable development regulations.
4. The proposed Planned Development Rezoning, amended Stage 1 Development Plan and the
Stage 2 Development Plan for the Project are consistent with all elements and policies of the
Dublin General Plan and the Downtown Core Specific Plan as proposed. The Stage 2
Development Plan conforms to the elements and policies of those plans including roadways
consistent with the Circulation Element, adequate public facilities, and safe design as required
by the Seismic Safety and Safety Element.
Pursuant to the California Environmental Quality Act (CEQA), the City Council finds as follows:
1. An Initial Study/Negative Declaration for the Downtown Core Specific Plan was adopted on
December 19, 2000, incorporated herein by reference.
2. The Downtown Core Specific Plan states that major amendments to the Specific Plan are
subject to additional environmental review pursuant to CEQA. The Project has been reviewed
in accordance with CEQA and a determination has been made that the proposed Specific Plan
Amendment is not a major amendment. Therefore, the Project is found to be Categorically
Exempt from CEQA pursuant to Section 1~332, In-Fill Development Projects.
Section 3. MAP OF THE REZONE AREA
Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code, the City of Dublin Zoning Map is
hereby amended to rezone the Downtown Core Specific Plan area from a Planned Development Zoning
District (PA 02-005) to a Planned Development Zoning District (PA 07-001). The amendment area is as
follows:
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Approximately 51 acres of land located north of Dublin Boulevard and west of the 1-680
freeway (Assessor Parcel Numbers: 941-305-10, 12-2, 22-1, 26, 27, 28, 29-2, 31-2, 32,
33,36,37,38,39 and 40).
A map of the rezoning area is shown below:
Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code, the City of Dublin Zoning Map is
further amended to rezone the property at 7099 Amador Plaza Road from a Planned Development Zoning
District (P A 02-031) to a Planned Development Zoning District (P A 07-001). The. amendment area is as
follows:
Approximately 1.94 acres generally located east of Amador Plaza Road, north of the
existing Safeway shopping center on a parcel of land designated by Assessor Parcel
Number (APN) 941-0305-026.
A map of the rezoning area is shown below:
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Section 4. APPROVAL
The regulations for the use, development, improvement and maintenance of the Property are set forth in
the Stage 1 Development Plan (the Downtown Core Specific Plan, as amended and hereby incorporated
by reference) and the following Stage 2 Development Plan for the Project area which is hereby approved.
Any amendments to the Stage 2 Development Plan shall be in accordance with Section 8.32.080 of the
Dublin Municipal Code or its successors.
STAGE 2 DEYELOPMENT PLAN
This is a Stage 2 Development Plan pursuant to Chapter 8.32 of the Dublin Municipal Code (Zoning
Ordinance) for the property located at 7099 Amador Plaza Road (APN 941-0305-026) and is adopted as a
zoning amendment pursuant to Section 8.32.030.B of the Dublin Municipal Code.
1) Statement of compatibility with Stage 1 Development Plan. The Stage 2 Development Plan for
Custom Fireplace, Patio & BBQ located at 7099 Amador Plaza Road is compatible with the Stage 1
Development Plan (Downtown Core Specific Plan) in that the Project includes the phasing out of an
automobile sales and service land use and converts the land to a use (retail commercial) consistent
with the vision and requirements of the Downtown Core Specific Plan.
2) Statement of proposed uses. Permitted, conditional and temporary uses are regulated as follows:
PERMITTED USES
General Retail. General Retail shall mean retail trade establishments selling many lines of new
and used merchandise directly to customers. Such types of stores and lines of merchandise
include, but are not limited to, the following:
Artist's supplies
Artisan
Auto parts (not auto repair or machine shops or any non-retail auto services)
Bicycles
Books
Cameras and photographic supplies
Clothing and accessories
Department stores
Drug and discount stores
Dry goods
Fabrics and sewing supplies
Florists and houseplant stores (indoors or if enclosed by a partition)
General stores
Gifts
Groceries
Handicraft items
Hardware
Hobby materials
Jewelry
Locksmith
Luggage and leather goods
Mini-marts
Musical instruments
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PERMITTED USES (cont.)
Novelties and souvenirs
Newsstands
Orthopedic supplies
Parts and accessories
Pet store
Religious goods
Small wares
Specialty shops
Sporting goods and equipment
Stationery
Toys and games
Thrift stores and variety stores
Other goods may be permitted if determined to be substantially similar to the above by the Director of
Community Development. Retail sales shall not include sales of new or used automobiles, trucks,
recreational vehicles, boats or trailers, nor shall it include auto brokerages.
ProfessionallMedical Office. Professional/Medical Office shall mean an office or office building
for the conduct of business, administration or professional services and outpatient medical
services where these activities do not include the manufacture, storage, display (except for
samples), or sale at retail of any merchandise on the premises including, but not limited to, the
following:
Accountant
Acupressure .
Acupuncture
Advertising agency
Architect
Attorney
Broker (stock and bond)
Business consultant
Business management
Chiropodist
Chiropractor
Collecting agency
Dentist
Doctors of Oriental Medicine
Employnaentagency
Engineer
Financial services
Herbalists
Industrial management
Insurance
Landscape architect
Loan agency
Medical doctor
Mortgage Company
Optometrist
Osteopath
Philanthropic or charitable organization
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PERMITTED USES (cont.)
Physical Therapist
Podiatrist
PsychiatricIPsychiatrist
Public utilities
Real estate
Sales representative
Secretarial
Telephone answering
Travel agent
Telecommuting center
Other uses may be permitted if determined to be substantially similar to the above by the Director of
Community Development.
CONDITIONAL USES
Community Clubhouse
Community Facility
Hospital/Medical Center (inpatient medical services)
Outdoor display of merchandise
Outdoor storage of materials for sale
Outdoor seating
TEMPORARY USES
Temporary uses are allowed with the issuance of a Temporary Use Permit in accordance with the
Dublin Zoning Ordinance.
3) Stage 2 Site Plan. The Stage 2 Site Plan shall be as shown on Sheet 3 of the Project Plans
prepared by Architectural Network, Inc., dated received by Dublin Planning on June 25, 2007 for P A
07 -001.
4) Site area, proposed densities.
Site Area: 1.94 net acres (84,506.40 square feet)
Commercial Square
Footage: 66,760.06 square feet maximum
Floor Area Ratio: .79 maximum (66,760.06 square feet)
5) Development Regulations. The Development Regulations for the Project shall be as shown on
the Stage 2 Site Plan, Sheet 3 of the Project Plans prepared by Architectural Network, Inc., dated
received by Dublin Planning on June 25,2007 for P A 07-001.
6) Architectural Standards. The architectural standards shall be as shown in the Project Plans
prepared by Architectural Network, Inc., dated received by Dublin Planning on June 25, 2007 for P A
07-001.
60f7
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7) Preliminary Landscape Plan. The preliminary landscape plans is shown on Sheet L-l of the
Project Plans prepared by Architectural Network, Inc. (and Borrecco/Kilian & Associates, Inc.), dated
received by Dublin Planning on June 25, 2007 for P A 07-001.
8) Applicable Requirements of Dublin Zoning Ordinance. Except as specifically provided in this
Stage 1 Development Plan, the use, development, improvement, and maintenance of the Property shall
be governed by the provisions ofthe Dublin Zoning Ordinance pursuant to section 8.32.060.C.
Section 5. USE. DEVELOPMENT. IMPROVEMENT AND MAINTENACE
The use, development, improvement and maintenance of the Project area shall be governed by the
provisions of the Dublin Zoning Ordinance and the Downtown Core Specific Plan except as provided in
the Stage 2 Development Plan.
Section 6. 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 final
adoption. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3)
public places in the City of Dublin in accordance with Section 39633 of the Government Code of
California.
PASSED, APPROVED AND ADOPTED BY the City Council ofthe City of Dublin on this 18th
day of September 2007 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Janet Lockhart, Mayor
ATTEST:
City Clerk
G:\PA#\2007\07-00l Custom Fireplace, Patio, BBQ\CC\CC Ord Stage 2 PDJev.doc
70f7
t2t1A <3 to
C IT Y C L E R'K
File # Dffi[[]~-[5]r5J
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: September 19, 2006
SUBJECT:
ATTACHMENTS:
RECOMMENDATION: 1)
" ,,,. tv' 2)
"". ___ l j\1....C' 3)
~,.
, 4)
FINANCIAL STATEMENT:
Request for an Initiation of a Downtown Core Specific Plan Amendment
Study to change the Specific Plan Land Use Designation from Retail/Auto
to Retail/Office that would permit the expansion of an existing building for
a retail establishment (Custom Fireplace, Patio & BBQ) to operate at 7099
Amador Plaza Road.
Report Prepared by: Jeff Baker, Senior Planner
1)
2)
3)
4)
Resolution denying initiation of a Downtown Core Specific Plan
Amendment Study
Resolution approving initiation of a Downtown Core Specific Plan
Amendment Study
Project proposal and letter from the Applicant dated August 11,
2006
Downtown Core Specific Plan Land Use Map with the project
location marked
5)
Recei ve Staff presentation;
Receive presentation from Applicant;
Receive public comment; and
Adopt a Resolution denying the request to Initiate a Downtown Core
Specific Plan Amendment Study; Q!
Adopt a Resolution approving the request to Initiate a Downtown
Core Specific Plan Amendment Study.
The cost of preparing the Specific Plan Amendment shall be borne
by the affected property owner who has requested this amendment.
PROJECT DESCRIPTION:
Background
The 1.94-acre project site is located at 7099 Amador Plaza Road within the Downtown Core Specific Plan
area. The General Plan Land Use Designation for the subject property is Retail/Office. The Specific Plan
Land Use Designation for the subject property is Retail/Auto and the subject property is located in
Planned Development Zoning District (PD 02-031). The site is the current location of Ken Harvey's
COPIES TO:
------------------------------------------------------------------------------------------------------------
Applicant
Property Owner
G:\Agendas\2006\ccsr 9.19.06 Custom Fireplace SP A.doc
Page 1 of 4
ATTACHMENT 3
Dublin Honda auto dealership and is surrounded by retail uses to the north, south and west, ta~ ~8~ ~
the east.
Dublin Honda has been in operation at the subject site since the 1970's. Dublin Honda has outgrown this
location and is in the process of constructing a new dealership on Scarlett Court. Mr. Harvey sold the
subject property (existing dealership site) to Mr. Ligon in July 2006, and is currently leasing the space
from Mr. Ligon until construction of the new dealership on Scarlet Court is completed.
Mr. Ligon, owner of Custom Fireplace, Patio & BBQ, has submitted a request to initiate a Downtown
Core Specific Plan Amendment Study for the subject property at 7099 Amador Plaza Road. The
Applicant proposes to change the Specific Plan Land Use Designation from Retail/Auto to Retail/Office
in order to allow Custom Fireplace, Patio & BBQ, a retail establishment, to increase the size of the
existing dealership building by approximately 11,200 square-feet. The project also includes exterior
modifications at the subject property (Attachment 3).
ANALYSIS:
Downtown Core Specific Plan Land Use Designation
The Downtown Core Specific Plan, adopted by the City Council on December 19,2000, identifies land
use designations and permitted, conditionally permitted and temporary use types for the property within
the Specific Plan area (Specific Plan Sections 5.2 and 5.3). The Specific Plan differentiates between
permitted uses for an existing building and permitted uses for new construction/development.
Permitted Uses
The Specific Plan designates the subject property as Retail/Auto which allows retail automotive uses as
well as the expansion of buildings for automotive uses. The Specific Plan also allows uses consistent
with the zoning designation that was in place prior to the adoption of the Specific Plan (Specific Plan
Section 5.3). The former zoning designation for the project site is General Commercial (C-2). Uses
consistent with the C-2 zoning district are permitted to operate within existing buildings on properties
designated for Retail/Auto. However, the expansion of a building for a general retail use on a parcel
designated for retail automotive use is prohibited. Custom Fireplace, Patio & BBQ is a general retail use
that is consistent with the C-2 zoning district, and would therefore be permitted to operate within the
existing building as it exists on the site currently.
New Construction
Any new construction/development within the Plan area shall conform to the current Specific Plan Land
Use Designations. Since the land use designation for the property is Retail/Auto, if the existing building
is increased in size, the use must be consistent with the Retail/Auto designation. Since Custom Fireplace,
Patio & BBQ is not a retail auto use, an expansion of the building would require an amendment to the
Specific Plan for a land use designation that permits retail use.
Proposed Building Modifications
The Applicant is proposing to expand the existing 10,158 square foot building by adding 11,221 square
feet for a 21,379 square foot building. As a part ofthe building expansion, the applicant is also proposing
fa~ade enhancements and site improvements that also include an outdoor display area (Attachment 3).
The Applicant believes such improvements are necessary in order for the building to be viable to operate
his business at this location. The existing building that Custom Fireplace, Patio & BBQ operates from (on
the adjacent parcel to the north of the Honda site) is approximately 8,200 square-feet in size.
Page 2 of 4
l4Db'B~
Maximum Development Potential
When the Downtown Core Specific Plan was adopted in December 2000, the former property owners,
Kenneth and Marc Harvey of Dublin Honda, requested an increase in the allowable Floor Area Ratio
(FAR) and a change in the land use designation of the property to permit Retail! Auto and Retail!Office
uses. The City Council approved an increase in the FAR which increased the development potential of
the site from 0.20 (or 22,420 square feet) to 0.79 (or 87,750 square feet) with the adoption of the Specific
Plan. The proposal to increase the existing building from 10,158 square feet to 21,379 square feet is
consistent with the allowable FAR of the Specific Plan.
However, the City Council did not change the land use designation because of concerns regarding the
need for further analysis of traffic impacts. While the allowable FAR as defined by the Plan would not be
exceeded, the proposed retail use coupled with the requested expansion of the building is not consistent
with the Downtown Core Specific Plan. If the City Council directs staff to pursue the proposed Specific
Plan Amendment to amend the land use designation from automotive retail to general retail, a traffic
study would be necessary
City policy requires that the City Council approve the initiation of any Specific Plan Amendment Study
prior to Staff accepting a development application that would include a Specific Plan Amendment for a
project. If the Specific Plan Amendment Study is initiated, the proposed improvements would also
require approval of a Planned Development Rezone and Stage 2 Development Plan, Site Development
Review, and a Conditional Use Permit, which are not being considered as a part of the current request.
Comprehensive Specific Plan Update
The City Council's 2006-2007 Goals and Objectives include a high priority goal to combine the
Downtown Core Specific Plan, West Dublin BART Specific Plan, and the San Ramon Road Specific Plan
into one comprehensive plan that addresses the entire Downtown area. This update is anticipated to be
initiated in late Fall 2006 and will require approximately 18 months to complete. The update and
consolidation of the three Specific Plans will require a considerable amount of Staff time that will be
funded from the General Fund. The proposed amendment to the subject property could be considered as a
part of this comprehensive update and could be fully analyzed as a part of the overall planning for the
downtown area.
The Applicant has raised concern regarding the extended timeframe to complete the comprehensive
Specific Plan update. Therefore, the Applicant has requested initiation of a separate Downtown Core
Specific Plan Amendment Study for the property at 7099 Amador Plaza Road. This separate Specific
Plan Amendment Study would be independent of the comprehensive Specific Plan Update and would
potentially allow the Applicant to proceed with the expansion of the building in a timely manner. While
Staff time would be funded by the Applicant, this separate Specific Plan Amendment Study will reduce
the amount of Staff time that is available to work on other projects, including the comprehensive Specific
Plan Update.
Staff is not supportive of this request because it will encourage a piece-by-piece approach to development
in the downtown area prior to the completion of the comprehensive Downtown Core Specific Plan efforts.
Should this project go forward, it may reduce the City Council's ability to achieve a broader vision for the
area. Additionally, Staffhas received similar inquiries to potentially modify the Specific Plan from other
property owners within the Downtown Core Specific Plan area. By granting the Applicant's request, the
City may have other property owners propose a change for the land use designation for their property
prior to completion of the comprehensive update to the Downtown Core Specific Plan. Any modification
of an existing land use within the downtown area should be reviewed in a global manner to create a
Page 3 of 4
downtown village environment, while analyzing traffic, impacts on the parks and recreation faJi~'?Pa~
well assessing the economics of the area.
RECOMMENDATION:
Staff recommends that the City Council: 1) Receive Staff presentation; 2) Receive presentation from
Applicant; 3) Receive public comment; and 4) Adopt a Resolution denying the request to Initiate a
Downtown Core Specific Plan Amendment Study (Attachment 1); m: 5) Adopt a Resolution approving
the request to Initiate a Downtown Core Specific Plan Amendment Study (Attachment 2).
Page 4 of 4
RESOLUTION NO. - 06
'l1JcJQ ~~
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
********************************************
DENYING THE INITIATION OF A DOWNTOWN CORE SPECIFIC PLAN AMENDMENT
STUDY FOR THE PROPERTY LOCATED AT
7099 AMADOR PLAZA ROAD (APN 941-0305-026)
WHEREAS, Mr. Walt Ligon of Custom Fireplace, Patio & BBQ, has submitted a request to
consider an expansion and reuse of the existing Dublin Honda auto dealership building for retail sales of
fireplaces, patio furniture, barbeques and other related items on the 1.94-acre parcel located at 7099
Amador Plaza Road; and '
WHEREAS, the proposal is for a land use that is not permitted at this site in the Downtown Core
Specific Plan; and
WHEREAS, in order to consider the proposed expansion to the existing building for a retail
establishment at the subject site, an amendment to the Downtown Core Specific Plan is required that
would change the Specific Plan Land Use Designation from Retail/Auto to Retail/Office; and
WHEREAS, additional entitlements including a Planned Development Rezone with Stage 2
Development Plan, Site Development Review, and Conditional Use Permit would need to be processed;
and
WHEREAS, the initiation request has been reviewed in accordance with the provisions of the
California Environmental Quality Act (CEQA) and was found to be Categorically Exempt under Section
15306, Class 6 of the State CEQA Guidelines for basic data collection, research, and resource evaluation
activities; and
WHEREAS, a staff report was submitted outlining the issues surrounding the request; and
WHEREAS, the City Council did hear and consider all such reports, recommendations, and
testimony hereinabove set forth, and does not support the initiation of a Specific Plan Amendment.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Dublin does
hereby deny the Initiation of a Downtown Core Specific Plan Amendment Study for the property at 7099
Amador Plaza Road.
PASSED, APPROVED AND ADOPTED BY the City Council of the City of Dublin on this 19th
day of September 2006, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
G:\Agendas\2006\CC Resos Custom Fireplace SPA initiation.doc
(
,
RESOLUTION NO. - 06
t 1 Vbf>to
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
****************************************
APPROVING THE INITIATION OF A DOWNTOWN CORE SPECIFIC PLAN
AMENDMENT STUDY FOR THE PROPERTY LOCATED AT
7099 AMADOR PLAZA ROAD (APN 941-0305-026)
WHEREAS, Mr. Walt Ligon of Custom Fireplace, Patio & BBQ, has submitted a request to
consider an expansion and reuse of the existing Dublin Honda auto dealership building for retail sales of
fireplaces, patio furniture, barbeques and other related items on the 1.94-acre parcel located at 7099
Amador Plaza Road; and
WHEREAS, the proposal is for a land use that is not permitted at this site in the Downtown Core
Specific Plan; and
WHEREAS, in order to consider the proposed expansion to the existing building for a retail
establishment at the subject site, an amendment to the Downtown Core Specific Plan is required that
would change the Specific Plim Land Use Designation from Retail/Auto to Retail/Office; and
WHEREAS, additional entitlements including a Planned Development Rezone with Stage 2
Development Plan, Site Development Review, and Conditional Use Permit would need to be processed;
and
WHEREAS, the initiation request has been reviewed in accordance with the provisions of the
California Environmental Quality Act (CEQA) and was found to be Categorically Exempt under Section
15306, Class 6 of the State CEQA Guidelines for basic data collection, research, and resource evaluation
activities; and
WHEREAS, a staff report was submitted outlining the issues surrounding the request; and
WHEREAS, the City Council did hear and consider all such reports, recommendations, and
testimony hereinabove set forth, and supports the initiation of a Specific Plan Amendment.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Dublin does
hereby approve the initiation of a Downtown Core Specific Plan Amendment Study for the property at
7099 Amador Plaza Road.
PASSED, APPROVED AND ADOPTED BY the City Council of the City of Dublin on this 19th
day of September 2006, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
G:\Agendas\2006\CC Resos Custom Fireplace SPA initiation.doc
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August 11,2006
Honorable Mayor Lockhart
Members of City Council
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Subject: Purchase of Dublin Honda Site
Honorable Mayor Lockhart and Members ofthe Council,
I am the owner of Custom Fireplace, Patio & BBQ at 7111 Amador Plaza Road in
Dublin. I have been a business owner in Dublin for over 30 years. On August 8, 2006 I
closed escrow on purchase of the 1.94 acre site occupied by Ken Harvey's Dublin
Honda, right next door to my existing location. With the growth and success of my
business, I needed a bigger building, and with the growth and success of Ken's business,
he needed a bigger site.
Prior to purchase, I met with City Staff and studied the Downtown Core Specific Plan to
understand City requirements. I have hired George Corrigan, an outstanding architect
who serves on a design review board, to prepare the building addition plans. The
building addition will follow Specific Plan guidelines, with the fayade brought out toward
the sidewalk, the fayade widened in a more traditional retail style, and with enhanced
sidewalk width and pedestrian access like the Safeway Center buildings to the south.
The City staff informs me that I can occupy the existing building in my retail use, but that
the retail expansion requires an amendment to the Specific Plan to change the designation
of that parcel from "Retail/Auto" to "Retail/Office". To me, retail means retail, but I am
willing to comply with all reasonable requirements. The Specific Plan calls for
replacement of auto uses by retail, so the vision of the Specific Plan will be implemented
by my revitalization ofthis site.
According to the City Staff, they cannot process a Specific Plan amendment until the City
Council has approved processing the Specific Plan amendment. I hereby request that my
Specific Plan amendment request be placed on your September 5. 2006 Agenda for your
consideration. or the earliest possible Council Agenda thereafter.
My site plan and elevations will be submitted to Staff in the week of August 13 - 18, and
I will get a copy to Councilmembers and Planning Commissioners when it becomes
Honorable Mayor Lockhart and Members of the Council
August 11, 2006
Page 2
tq 0lJ ~h
available. Ken Harvey will rent back the site from me until January l, 2007, or as soon
thereafter as he can complete his new facility. It will be very important that my plans be
approved and I have a contractor ready to proceed as soon as Ken Harvey moves off the
site - or else I will be paying a tremendous monthly cost with no offsetting rent.
I really look forward to working with the City Council, Planning Commission, Chris Foss
and your Planning Staff, and bringing substantial improvements to my business and
downtown Dublin.
Sincerely,
Walt L. Ligon
Cc: Richard Ambrose, City Manager
Chris Foss, Economic Development Director
Geri Ram, Planning Director
Planning Commission
George Corrigan
Peter MacDonald
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MINUTES OF THE Crn' COUNCIL
CLOSED SESSION
A closed session was held at 6:30 p.m., regarding:
1. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION
Government Code section 54956.9, subdivision a
Name of cases: Alameda County Superior Court Case Nos.
Dublin v. Wohlross Associates, et al. - VG05238505
Dublin v. Esperanca, et al - VG06262407
Dublin v. Ralph Gil, et al- VG05241773
II. Public Employee Performance Evaluation pursuant to Government Code
Section 54957, Title: City Manager
..
A regular meeting of the Dublin City Council was held on Tuesday, September 19, 2006,
in the Council Chambers of the Dublin Civic Center. The meeting was called to order at
7:02 p.m., by Mayor I..ockhart.
...
ROLL CALL
PRESENT: Councilmembers Hildenbrand, Oravetz and Zika, and Mayor I..ockhart.
ABSENT: Councilmember McCormick
..
PLEDGE OF ALLEGIANCE
The pledge of allegiance to the flag was recited by the Council, Staff and those present.
....
DUBLIN CITY COUNCIL MINUTES
VOLUME 25
REGULAR MEETING
September 19, 2006
PAGE 309
.
~ 40() <6Go
NEW BUSINESS
Request by Custom Fireplace, Patio & BBQ to
Initiate a Downtown Core Specific Plan Amendment Study
8:04 p.m. 8.1 (410-55)
Senior Planner Jeff Baker presented the Staff Report and advised that the City Council
would consider a request from the owner of Custom Fireplace, Patio & BBQ to initiate a
Downtown Core Specific Plan Amendment Study at 7099 Amador Plaza Road. The
Applicant proposed to change the Specific Plan Land Use Designation from Retail/Auto to
Retail/ Office to allow Custom Fireplace, Patio & BBQ, a retail establishment, to increase
the size of the existing building on -site by approximately 11,000 square feet and to
operate the subject at the subject property. Staff suggested that the proposed amendment
be considered as a part of the planned comprehensive Downtown Specific Plan update
and be fully analyzed as a part of the overall planning for the downtown area.
Walter Ligon, Applicant, outlined his current business and expansion plans, indicating
that every attempt was made to conform to the Downtown Core Specific Plan. He
advised that he had been working with Safeway to lease some of his property for Safeway
employee parking, and encouraged the Council to approve this request so that he could
proceed with renovations as soon as possible.
Peter MacDonald, Attorney representing the Applicant, submitted a letter to the Council
and advised that the proposed plan met the vision of the Downtown Core Specific Plan.
Goal #8 of the Specific Plan, which was not mentioned in the Staff Report, allowed
existing buildings to convert to uses consistent with the requirements of the Specific Plan,
and Objective 8.1 encouraged a gradual phasing out of automobile sales and service land
uses in the Specific Plan area. The Applicant was asking approval of the Specific Plan
Study, which would allow him to commence with his expansion plans without having to
wait for the revised Downtown Core Specific Plan to be completed.
George Corrigan, Project Architect, outlined the key design features of this project and
discussed the site plan.
Bill Schaub, Planning Commission Chair, indicated that what was currently before the
Council was a request for a Specific Plan Amendment Study. The architectural changes
proposed by the Applicant had not been reviewed or approved by the Planning
Commission.
DUBLIN CITY COUNCIL MINUTES
VOLUME 25
REGULAR MEETING
September 19,2006
PAGE 319
2 5 irfJ <t>ta
Jesus Orozco, Casa Orozco, urged the Council to approve the request and stated that
denial would send a negative message to small businesses in Dublin that were trying to
expand.
John Steinbuch, Colliers International, discussed the marketing of the site involved and
encouraged the City Council to approve the study to allow the project to move forward.
Ken Harvey, Dublin Honda, indicated that Walt Ligon had been a good neighbor over the
years and encouraged the Council to approve the Specific Plan Amendment Study.
The Council discussed the proposed Specific Plan Amendment Study and agreed that,
although the comprehensive Specific Plan update was important, this project would
benefit the community and fit in with the downtown vision.
On motion of Cm Hildenbrand, seconded by Vm. Oravetz and by unanimous vote (Cm.
McCormick absent), the City Council adopted
RESOLUTION NO. 185 - 06
APPROVING THE INITIATION OF A DOWNTOWN CORE SPECIFIC PLAN
AMENDMENT STUDY FOR THE PROPERTY LOCATED AT
7099 AMADOR PLAZA ROAD (APN 941-0305-026)
..
Informational Report on
Off-Site Signage/ Advertising for the Alameda County Fair within. City Limits
8:51 p.m. 8.2 (450-20)
Associate Planner Marnie Nuccio presented the Staff Report and advised that the City
Council would provide Staff with direction on regulating and controlling off-site signage
within City limits.
The Council agreed that it would be beneficial to co-sponsor the event, and engaged in a
question and answer session with Staff regarding banner fabrication and placement
within the City. The Fair should pay for the fabrication of the banners, as it did in
Pleasanton.
On motion of Mayor Lockhart, seconded by Cm. Hildenbrand and by unanimous vote
(Cm. McCormick absent), the City Council agreed to co-sponsor the Alameda County
DUBLIN CITY COUNCIL MINUTES
VOLUME 25
REGULAR MEETING
September 19, 2006
PAGE 320
(I)
2. f.A if/:; lJ~
AGENDA STATEMENT
PLANNING COMMISSION MEETING DATE: August 14, 2007
SUBJECT:
ATTACHMENTS:
RECOMMENDATION~
PUBLIC HEARING: PA 07-001 Custom Fireplace, Patio & BBQ
Downtown Core Specific Plan Amendment, Planned Development
Rezone with Stage 2 Development Plan, Conditional Use Permit
and Site Development Review (Adjudicatory and Legislative
Actions) Report prepared by Marnie R. Nuccio, Senior Planner
1)
Resolution recommending City Council approval of an
amendment to the Downtown Core Specific Plan to change the
Retail/ Auto land use designation to Retail/Office for 1.94 acres
of land located at 7099 Amador Plaza Road with draft City
Council Resolution attached as Exhibit A.
Resolution recommending that the City Council amend the
Zoning Map and adopt a Planned Development Rezone with
Stage 2 Development Plan for Custom Fireplace, Patio & BBQ
located at 7099 Amador Plaza Road with draft City Council
Ordina,nce and Development Plan attached as Exhibit A.
Resolution approving a Conditional Use Permit for Retail -
Outdoor Storage and Site Development Review to construct an
approximately 10,900 square foot addition to an existing 9,370
square foot building located at 7099 Amador Plaza Road with
Project plans attached as Exhibit A.
2)
3)
1)
2)
3)
4)
5)
Receive Staff presentation;
Open the public hearing;
Take testimony from the ApplicaIlt and the public;
Close the public hearing and deliberate;
Adopt Resolution (Attachment 1) recommending City Council
approval of an amendment to the Downtown Core Specific Plan
to change the Retail/ Auto land use designation to Retail/Office
for 1.94 acres of land located at 7099 Amador Plaza Road with
draft City Council Resolution attached as Exhibit A;
Adopt Resolution (Attachment 2) recommending that the City
Council amend the Zoning Map and adopt a Planned
Development Rezone with Stage 2 Development Plan for
Custom Fireplace, Patio & BBQ located at 7099 Amador Plaza
Road with draft City Council Ordinance and Development Plan
attached as Exhibit A; and
Adopt Resolution (Attachment 3) approving a Conditional Use
Permit for Retail - Outdoor Storage and Site Development
COPIES TO: Applicant
Property Owner
File
6)
7)
Page 1 of 13
G:\PA#\2007\07-001 Custom Fireplace, Patio, BBQ\PC\PCSR 08-14-07 rev.doc
Attachment 4
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Review to construct an approximately 10 ,900 square f60t
addition to an existing 9,370 square foot building located at
1099 Amador Plaza Road with Project plans attached as Exhibit
A.
PROJECT DESCRIPTION:
The Applicant, Architectural Networks, Inc., on behalf of the property owner and business owner Walt
Ligon, has requested approval of a Downtown Core Specific Plan Amendment, Planned Development
Rezone with a Stage 2 Development Plan, Conditional Use Permit and Site Development Review to
expand and remodel an existing building at 7099 Amador Plaza Road (the "Project").
The property at 7099 Amador Plaza Road was previously occupied by Ken Harvey's Dublin Honda for an
automobile dealership. Mr. Harvey recently constructed a new dealership at the comer of Dublin
Boulevard and Scarlett Drive and has sold the property on Amador Plaza Road to Walt Ligon. Mr. Ligon
currently operates Custom Fireplace, Patio & BBQ from a leased tenant space north of the Project site in a
multi-tenant commercial building known as the Amador Plaza Shopping Center. Custom Fireplace, Patio
and BBQ is a retail commercial business that specializes in the sale of outdoor patio furnishings. The
business has outgrown its current location; therefore, Mr. Ligon would like to relocate the business to the
former Dublin Honda site and expand the existing 9,370 square foot building by adding an additional
10,900 square feet. The expanded building would include an entirely new fayade, new signage, and site
improvements including new parking and circulation, new landscaping and fencing and a new trash
enclosure.
The Project is located within the Downtown Core Specific Plan area and has a current land use
designation of Retail! Auto consistent with the prior use of the property as a Honda dealership. The
Downtown Core Specific Plan limits the use ofthe property to sales and service of new and used vehicles.
In anticipation of purchasing the property, Walt Ligon, business owner of Custom Fireplace, Patio &
BBQ requested that the City Council initiate a Downtown Core Specific Plan amendment to change the
land use designation from Retail! Auto to Retail/Office to allow for the operation of his retail
establishment on the former auto dealership site. The City Council granted the request on September 19,
2006.
ANALYSIS:
The Project site has a General Plan land use designation of Retail!Office. The Project is consistent with
the General Plan land use designation. The Project is also within the Downtown Core Specific Plan area
and has a Specific Plan land use designation of Retail/Automotive which limits retail uses on the site to
automotive uses only. The Project includes a request to amend the Specific Plan to change the land use
designation from Retail! Automotive to Retail/Office to permit the establishment of other retail uses such
as Custom Fireplace, Patio and BBQ; a Conditional Use Permit to allow for Retail- Outdoor Storage for
the outdoor storage of materials (i.e. stove pellets) and the outdoor display of merchandise (Le. patio
tables and chairs); and a Site Development Review to expand the existing building from 9,370 square feet
to 20,270 square feet, for a new wall sign, and for modifications to the site layout including circulation
and parking, landscaping and fencing, and a new trash enclosure.
Downtown Core Specific Plan Amendment
The Downtown Core Specific Plan was adopted by the Dublin City Council on December 19, 2000 for
the purpose of fostering appropriate development and redevelopment of properties located in Dublin's
downtown core area. The Specific Plan COVCl'S approximately 51 acres which has been d~ve10peJ
historically with freestanding retail buildings whic~i cater to automobiles. The Specific Plan aims to
2 of 13
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capitalize on the proximity of the future West Dublin BART Station which would provide a - ~w
transportation opportunity for accessing the downtown core area. One of the goals of the Specific Plan is
to integrate new, small scale developments with existing big box retail uses creating more opportunities
for pedestrian scale retail and service establishments as well as public plazas and green spaces.
The Downtown Core Specific Plan governs the use of land, development standards, design of public
improvements and the design of private improvements including buildings, parking areas, signs and
landscaping. The Specific Plan allows for the establishment of retail uses within existing buildings but
requires that all new construction and development conform to the adopted land use categories in the
Specific Plan. The Project is considered new construction and development, and therefore must conform
to the Specific Plan land use category RetaiVAutomotive. Since the Project is not an automotive use, an
amendment to the Specific Plan is necessary.
Throughout the Specific Plan area two properties are designated RetaiV Automotive, the Project site and
the site of the recently approved Veterinary Surgical Associates at 7159 Amador Plaza Road. Both of
these properties were previously occupied by Dublin Honda and utilized for automotive sales and service,
uses. The proposed Specific Plan amendment to change the land use designation from RetaiV Automotive
to RetaiVOffice would only apply to the Project site.
Modifying the land use designation for the Project site would be consistent with surrounding land uses
which include RetaiVOffice and Commercial A. RetaiVOffice uses include a range of general retail uses
as well as professional, business, corporate, medical and dental offices. Commercial A uses generally
include larger retail centers, general retail and service uses, and restaurants. The, Project, a retail
establishment which specializes in the sale of home improvement products, is a general retail use and
would be consistent with the RetaiVOffice land use designation as well as surrounding land uses.
Modifying the land use designation for the Project site would also be compatible with the overall vision of
the Downtown Core Specific Plan. Goal #8 of the Specific Plan allows for existing uses and buildings to
be converted to uses consistent with the vision and requirements of the Specific Plan. Furthermore, the
Specific Plan encourages the gradual phasing out of automobile sales and service land uses in the Specific
Plan area. The Project furthers this goal by modifying the land use designation from RetaiVAutomotive to
RetaiVOffice and allowing for an existing downtown core business to expand.
It should also be noted that while Staff recognizes that a new Specific Plan for the downtown area is
currently underway, the modification to the land use designation and the allowance for an existing
business to expand was considered by the City Council in September 2006 with the request to initiate the
Specific Plan amendment. The City Council unanimously decided that the request would benefit the
community and fit in with the downtown vision.
Planned Development Rezone with Stage 1 Development Plan
One of the implementation measures of the Downtown Core Specific Plan was to adopt a Planned
Development Zoning District for the entire Specific Plan area; this was accomplished in April 2002. The
Downtown Core Specific Plan serves as the Stage 1 Development Plan for the entire Specific Plan area.
In accordance with the Downtown Core Specific Plan and the Dublin Zoning Ordinance, a Stage 2
Development Plan is required before any ministerial or discretionary permits can be issued for the Project.
The Stage 2 Development Plan includes: 1) a statement of compatibility with the Stage 1 Development
Plan, 2) a statement of proposed uses, 3) a site plan, 4) site area and proposed densities, 5) development
regulations, 6) architectural standards, and 7) a preliminary landscape plan (see Attachment 2, Exhibit A).
Tb Stage 2 Development plan is compatible with the Stap 1 Development Plan by replacing automotive
sales rnd services uses with general retail and office uses. ~ermitted general retail uses include retail
3 of 13
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trade establishments selling many lines of new and used merchandise directly to customers and perilMed
office uses include business, administration and professional services as well as outpatient medical
services. The site plan, site area and proposed density, development regulations, architectural standards
and preliminary landscape plan are as shown on the Project plans prepared by Architectural Networks,
Inc. dated received by Dublin Planning on June 25,2007.
Site Development Review
The Project includes a front addition and rear addition to the existing building, an entirely new fa9ade,
outdoor display of merchandise and outdoor storage of materials, new circulation and parking, a loading
dock, trash enclosures, and landscaping and fencing. Planning Commission approval of the Site
Development Review is contingent upon City Council approval of the Downtown Core Specific Plan
Amendment and Planned Development Rezone with Stage 2 Development Plan.
Figure 1. Project Location and Context
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Amador Plaza
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Interstate 680
Veterinary Surgical
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Amador Plaza
Shopping Center
Building Additions & Floor Plan
The existing 9,370 square foot building is set back approximately 1I8-feet from Amador Plaza Road.
The main entrance to the building is centrally located on the north elevation facing the Amador Plaza
Shopping Center. The Project proposes to keep the main entrance in the current location and expand the
building in the front (west elevation) and rear (east elevation) (see Figure 2 below or Attachment 3,
Exhibit A, Sheet 3). The proposed front addition brings the storefront closer to Amador Plaza Road to
create a more defined and pedestrian friendly street edge.
The existing building area would be used as showroom space and would include three small offices and
restrooms. The front addition would be approximately 5,920 square feet and would be part of the
showroom space and the rear addition would be approximately 4,980 square feet and would be used as
warehouse space. The warehouse provides access to the new loading dock at the rear of the building.
New trash enclosures are also proposed adjacent to the loading dock (see Attachment 3, Exhibit A, Sheets
3 and 4). The outdoor storage and display areas are located on the south side of the building which faces
the rear of the adjacent Safeway building.
4 of 13
Figure 2. Proposed Site Plan
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Architecture
The design of the building includes a combination of stucco and stone veneer, decorative steel trellises,
stone wrapped columns, aluminum storefronts and decorative light fixtures. The materials, colors and
architectural elements were selected to compliment the nature of the business. The design of the building
is intended to reflect the nature and quality of the products on display which include home improvement
products, fireplaces, patio furniture and barbeques. The front elevation, along Amador Plaza Road,
provides ample storefront windows adjoining a pedestrian walkway which leads to the main entrance to
the building. A tower element with stone wrapped columns and a pyramidal roof form with concrete tile
draws the pedestrian towards the main entrance to the building. The tower frames a curvilinear storefront
window which adds a unique architectural element to the building (see Figure 3 below or Attachment 3,
Exhibit A, Sheet 6).
The covered entryway on the north elevation includes multiple skylights allowing natural light to filter
through. Visitors are greeted with the soothing sounds of running water from a decorative fountain which
is located near the main entrance. Past the main entrance, the long horizontal line of the building is
broken up with a vertical element that is faced with stone veneer and has a raised parapet height
contributing to the variable roof forms which add architectural interest to the building. Steel trellises are
also incorporated as architectural elements providing opportunities for adding greenery to soften the
buildings edge (see Figure 3 below or Attachment 3, Exhibit A, Sheet 6).
5 of 13
Figure 3. Proposed Elevations: West and North
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The materials, colors and architectural elements are carried over to the rear elevation which also includes
a new loading dock and trash enclosures. Because the rear of the building faces a customer parking lot,
architectural elements such as stone veneer and metal trellises were retained in an effort to make the rear
of the building look more visually appealing. The metal railing along the loading dock would be painted
to compliment the color scheme of the building and the trash enclosure has been designed to be
architecturally compatible with the building. The trash enclosure will house both a waste receptacle and a
cardboard recycling receptacle (see Figure 4 below or Attachment 3, Exhibit A, Sheet 7). The Project
includes a condition of approval (see Attachment 3, Condition of Approval No. 19) that requires all
receptacles to be accommodated within an enclosure at all times.
The painted cement plaster screen wall, which is shown on the rear elevation and the south elevation, was
proposed as the enclosure for the outdoor storage area (see Figure 4 below or Attachment 3, Exhibit A,
Sheet 7). A cement plaster wall is not permitted due to existing easements in this area; therefore, a
condition of approval (see Attachment 3, Condition of Approval No. 14) has been added to the Project
which requires the Applicant to submit a revised design for the enclosure for review and approval by the
Community Development Director.
6 of 13
Figure 4. Proposed Elevations: East and South
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South Elevation
The south elevation of the building includes variable roof forms and vertical elements faced with stone
veneer. One such vertical element provides a stone veneer backdrop for the outdoor display area. Further
detail on the design and layout of the display area is provided below in the section Outdoor Display.
Landscaping and Fencing
Pedestrian walkways throughout the Project site have been enhanced with decorative pavers to create a
warm and inviting pedestrian experience. From Amador Plaza Road, the primary pedestrian walkway is
26 feet wide and is enhanced with two contrasting paving patterns to denote a curved walkway which
draws pedestrians to the tower element. Beneath the tower element a decorative medallion has been
incorporated into the paving design. The decorative paving pattern continues to a small plaza just outside
the main entrance to the building. The plaza includes a water feature, table and benches and large scale
architectural pots. The secondary pedestrian walkway from Amador Plaza Road is also enhanced with
decorative pavers and leads pedestrians towards the outdoor display area, past the glass storefront to the
tower element (see Figure 5).
The landscape design and plant palette was selected to provide year round interest by incorporating layers
of flowering and evergreen plant material throughout the site. Evergreen trees and shrubs are proposed
along the perimeter of the Project site to provide dense green plant material year round; flowering accent
trees are also incorporated along the perimeter for variety and color.
Adjacent to the building along the front elevation facing Amador Plaza Road would be large architectural
pots with bold plants. Trees and tree grates would be placed between the pedestrian walkway and the
parking stalls along the front of the building. Landscape planters would be located on either side of the
tower element along with additional architectural pots which are also located at the main entrance to the
building. Towards the rear of the building vines would be planted at the base of decorative metal trellises
to encourage vertical foliage growth on the building in select locations.
7 of 13
Figure 5. Preliminary Landscape Plan
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An existing chain link fence would remain along the rear property line which separates the Project site
from a flood control canal. Along the southern property line a decorative iron fence would separate the
Project site from the adjacent Safeway property and the same fence would also be used to enclose the
outdoor display area.
Circulation and Parking
Vehicular access to the site would be obtained primarily from an existing driveway off of Amador Plaza
Road. This driveway provides two-way vehicular access to parking stalls in the front of the building and
to parking stalls in the rear. A secondary vehicular access point also exists towards the rear of the
property and provides cross vehicular access between the Project site and the adjacent Amador Plaza
Shopping Center to the north. Two pedestrian access points would also be provided from Amador Plaza
Road. The main pedestrian walkway would be near the existing vehicular driveway with a secondary
pedestrian walkway near the outdoor display area (see Figure 2 above or Attachment 3, Exhibit A, Sheet
3).
Upon entering the Project site from Amador Plaza Road, visitors have access to 11 parking stalls in the
front of the building (adjacent to Amador Plaza Road) and 6 parallel parking stalls adjacent to the main
entrance to the building. At the rear of the building there are 68 parking stalls for a total of 85 on-site
parking stalls (see Figure 2 above or Attachment 3, Exhibit A, Sheet 3). The Dublin Zoning Ordinance
requires 1 parking space for every 400 square feet of retail space, 1 parking space for every 1,000 square
feet of warehouse space, and 1 parking space for every 1,000 square feet of outdoor display and storage
space. The Project requires a total of 50 parking spaces and proposes to provide 85 parking spaces for a
surplus of 33 parking spaces (see Table 1 below).
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Table 1. Required Parkine and Proposed Parkine ~ ~iJf
USE TYPE PARKING SQUARE PARKING PARKING ..
RATIO FOOTAGE REQUIRED PROVIDED
PROPOSED
Retail -Furniture, 1 parking space/ 15,282 sq. ft. 38 spaces 73 spaces
Large Appliances, 400 square feet
Floorin~
Warehouse 1 parking space/ 4,973 sq. ft. 5 spaces 5 spaces
1,000 square feet
Outdoor Storage 1 parking space/ 6,782 sq. ft. 7 spaces 7 spaces
and Display 1,000 square feet
TOTAL 50 spaces 85 spaces
PARKING
~~
The Zoning Ordinance also requires that one loading space be provided for commercial uses with a gross
floor area of 25,000 square feet or less. The total gross floor area for the Project is 20,255 square feet
therefore one loading space is required. The proposed loading dock at the rear of the building satisfies the
loading space requirement. To ensure that delivery trucks can maneuver safely on the Project site, truck
turning templates have been placed on the site plan (see Figure 2 above or Attachment 3, Exhibit A, Sheet
3). Deliveries would be made by a 55-foot semi-trailer/tractor and adequate space for maneuvering exists
on-site.
Wall Sign
The Project includes a proposed wall sign on the front elevation facing Amador Plaza Road. The Dublin
Zoning Ordinance limits sign height to 2-feet, 6-inches and sign length to 24-feet unless Site
Development Review approval is granted. The Applicant is proposing a wall sign which reads, "Custom
Fireplace, Patio & B.B.Q." with 3-foot, 4-inch letters for the word "Custom" and 2-foot letters for the
remainder of the sign. The total sign length proposed is 38-feet, 4-inches (See Attachment 3, Exhibit A,
Sheets 5 and 6). Typically, a request such as this would be reviewed and approved by the Community
Development Director; however, the Planning Commission is being asked to review and approve the sign
because of the relationship between the wall sign and the Site Development Review request for the
expansion and exterior remodeling of the existing building.
The proposed wall sign would be located on the front elevation of the building which has been designed
architecturally to accommodate a wall sign of the proportions proposed (see Figure 6). The proposed sign
would be constructed of individual channel letters that would be internally illuminated. The "Custom"
letters would be a combination of red and yellow to represent flames and the remainder of the sign would
be yellow.
9 of 13
Figure 6. Wall Sign
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Outdoor Display
The outdoor display area has been designed to replicate private residential outdoor patios. Up to four
different decorative stone patterns create the setting for a variety of patio furniture displays. Large
architectural pots with bold plants would be placed throughout the display area which is enclosed with a
decorative iron fence. The southern edge of the display area would be landscaped with a variety of trees
and plantings to privatize the space and buffer it from the loading dock activities on the adjacent Safeway
site (see Figure 7 or Attachment 3, Exhibit A, Sheet L-l).
Figure 7. Outdoor Display
CondhwnalUsePermh
In accordance with the proposed Stage 2 Development Plan and the Dublin Zoning Ordinance the outdoor
storage and sales of materials for retail uses is subject to approval of a Conditional Use Permit by the
Planning Commission. The Project includes an approximately 1,600 square foot outdoor storage area for
stove pellets and an approximately 5,200 square foot outdoor display area for patio furnishings. These
two amenities are proposed on the southern portion of the Project site in an area where existing easements
preclude any permanent structures from being constructed.
10 of 13
Outdoor Stora~e Area 3/..tJ Of; C:O'~
The proposed outdoor storage area would be used primarily for the storage of stove pellets and would be
located closer to the rear of the building (see Attachment 3, Exhibit A, Sheet 3). The storage area would
be enclosed and screened from public view. The Project Plans indicate a 10-foot high cement plaster
enclosure which has been designed to be architecturally compatible with the main building (see
Attachment 3, Exhibit A, Sheet 7). While the design of the enclosure is consistent with the architecture of
the building, this type of enclosure cannot be constructed in the proposed location due to existing
easements. The Project includes a condition of approval (see Attachment 3, Condition of Approval No.
14) which requires the Applicant to submit a revised enclosure design for review and approval by the
Community Development Director; the process by which the enclosure will be reviewed is Site
Development Review.
Outdoor Displav Area
The outdoor display area would be used for patio furniture displays and would be located west of the
outdoor storage area making it more visible from the public right-of-way (see Attachment 3, Exhibit A,
Sheet 3). The display area would be enclosed with a decorative iron fence. In order to meet emergency
exit requirements a gate would be provided at each end of the display area.
The outdoor storage and outdoor display areas are considered a Retail - Outdoor Storage land use and as
such the Zoning Ordinance requires 1 parking space for every 1,000 square feet of storage and display
areas. The parking requirement for the 1,600 square foot outdoor storage area is 2 parking spaces and the
parking requirement for the 5,200 square foot outdoor display area is 5 parking spaces. A total of 7
parking spaces are required for the outdoor storage and display areas. As discussed above in the section
Site Development Review, the Project would provide a total of85 parking spaces, 33 more than what is
required for the Project as a whole.
Staff is recommending that the Planning Commission approve the Conditional Use Permit; however, any
approval would be contingent upon City Council approval of the Downtown Core Specific Plan
Amendment and Planned Development Rezone with Stage 2 Development Plan. The findings of approval
for the Conditional Use Permit can be found in Attaclunent 3, Pages 2-3.
ENVIRONMENTAL REVIEW:
The project has been found to be Categorically Exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15332, In-Fill Development Projects. The Project consists of an amendment
to the Downtown Core Specific Plan to change the Specific Plan land use designation from
RetaiV Automotive to Retail/Office to allow for the establishment of a retail commercial use; a Planned
Development Rezone with Stage 2 Development Plan in accordance with the Downtown Core Specific
Plan; a Conditional Use Permit for approximately 1,600 square feet of Retail- Outdoor Storage; and Site
Development Review to construct an approximately 10,900 square foot addition to an existing 9,370
square foot building and modifications to site layout including alterations to parking and circulation,
installation of new landscaping and fencing and new trash enclosures.
NOTICING:
In accordance with State law, a public notice was mailed to all property owners and occupants/residents
within three hundred feet of the proposed Project to advertise the Project and the public hearing scheduled
for August 14, 2007. The public notice was also published in the Valley Times and posted at several
locations throughout the Ci~y.
11 oft 3
REVIEW BY APPLICABLE DEPARTMENT AND AGENCIES: ~ 1 ~ ~
The Public Works Department, Building Division, Dublin Fire Prevention, Dublin Police Services, ~d
Dublin San Ramon Services District have all reviewed the proposed Project. Conditions of approval from
these departments and agencies have been included in the proposed Resolution (Attachment 3).
CONSISTENCY WITH THE GENERAL PLAN, DOWNTOWN CORE SPECIFIC PLAN,
PLANNED DEVELOPMENT ZONING DISTRICT (PA 02-031) AND ZONING ORDINANCE:
The Project is consistent with the General Plan land use designation of Retail/Office as well as the goals
and policies of the General Plan including intensification of downtown Dublin through the expansion of
an existing downtown business.
The Project is consistent with the goals, policies and regulations of the Downtown Core Specific Plan
which is also the Stage 1 Development Plan for the Project site by phasing out an automobile sales and
service land use and converting an existing building to a retail commercial use consistent with the vision
and requirements of the Specific Plan. Further, the Project incorporates the recommendations set forth in
the Downtown Core Specific Plan design guidelines by varying the height of the building to create
distinctive massing elements, by providing consistent architectural design and detailing on all elevations,
by creating an individualized entry to the building and by providing a front building fac;:ade which adds
visual interest for pedestrians.
Where required by the Stage 1 Development P1anlDowntown Core Specific Plan, the Project complies
with the regulations contained in the Dublin Zoning Ordinance for drive aisle width, parking stall size and
striping, parking requirements and, landscaping and fencing regulations.
CONCLUSION:
This application has been reviewed by all applicable City departments and agencies, and their comments
have been incorporated into the Conditions of Approval for the Project. The proposed Project, as
conditioned, is consistent with the Dublin General Plan, the Downtown Core Specific Plan and the
Planned Development Zoning District in which the Project is located and represents an appropriate project
for the site. The Project contributes to the intensification of the downtown core area through the
expansion of an existing downtown business and implements the goals of the Downtown Core Specific
Plan by phasing out an automobile sales and service use and converting to a retail use consistent with the
vision and requirements of the Specific Plan. The expansion and exterior remodeling of the existing
building contributes to the enhancement of the downtown core area by providing a Project that is
attractive and architecturally compatible with recent developments in the area.
RECOMMENDATION:
Staff recommends that the Planning Commission: 1) 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 (Attachment 1) recommending City Council approval of an amendment to the
Downtown Core Specific Plan to change the Retail/Auto land use designation to Retail/Office for 1.94
acres of land located at 7099 Amador Plaza Road with draft City Council Resolution attached as Exhibit
A; 6) Adopt Resolution (Attachment 2) recommending that the City Council amend the Zoning Map and
adopt a Planned Development Rezone with Stage 2 Development Plan for Custom Fireplace, Patio &
BBQ located at 7099 Amador Plaza Road with draft City Council Ordinance and Development Plan
attached as Exhibit A; and 7) Adopt Resolution (Attachment 3) approving a Conditional Use Permit for
Retail - Outdoor Storage and Site Development Review to construct an approximately 10,900 square foot
addition to an existing 9,370 square ;oot building located at 7099 Amador Plaza Road with :?roject plans
attached as Exhibit A.
12 of 13
GENERAL INFORMATION:
PROPERTY OWNER:
APPLICANT:
LOCATION:
GENERAL PLAN
LAND USE DESIGNATION:
SPECIFIC PLANILAND USE
DESIGNATION:
ZONING:
SURROUNDING USES:
Location
Zoning
3~~<6~
Walt Ligon
Custom Fireplace, Patio & BBQ
101 Palmer Street
San Ramon, CA 94583
Mark Lopez, A.lA, President
Architectural Network, Inc
1111 Civic Drive, #260
Walnut Creek, CA 94596
7099 Amador Plaza Road
Assessors Parcel Number: 941-0305-026
Retail/Office
Downtown Core Specific Plan, Retail/Automotive
PD, Planned Development (P A 02-031)
General Plan
Land Use
Retail/Office
Retail/Office
Retail/Office
N/A
Retail/Office
Current Use of Property
Site
North
South
East
West
PO, Planned Develo ment
PO, Planned Develo ment
PO, Planned Develo ment
N/A
PO, Planned Develo ment
Auto Dealershi Honda
Retail Commercial center
Groce Store (Safewa
Interstate 680
Retail Commercial (Dublin Place)
13ofl3
3'160 <O~
RESOLUTION NO. 07-39
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING CITY COUNCIL APPROVAL OF AN AMENDMENT TO THE
DOWNTOWN CORE SPECIFIC PLAN TO CHANGE THE RETAIL/AUTO LAND USE
DESIGNATION TO RETAIL/OFFICE FOR 1.94 ACRES OF LAND LOCATED AT
7099 AMADOR PLAZA ROAD (CUSTOM FIREPLACE, PATIO AND BBQ)
APN 941-0305-026
PA 07-001
WHEREAS, the Applicant, Architectural Networks, Inc. on behalf of the property owner and
business owner, Walt Ligon, has requested approval of an amendment to the Downtown Core Specific
Plan to change the Retail!Automotive land use designation to Retail!Office for 1.94 acres of land;
approval of a PD, Planned Development Rezone with a Stage 2 Development Plan in accordance with the
Downtown Core Specific Plan; approval of a Conditional Use Permit for Retail - Outdoor Storage; and
approval of Site Development Review to construct an approximately 10,900 square foot addition to an
existing 9,370 square foot building, related site improvements including new parking and circulation, new
landscaping and fencing and a new trash enclosure, and a new wall sign located at 7099 Amador Plaza
Road (the "Project"); and
WHEREAS, the Project site is located within the Downtown Core Specific Plan area ("Specific
Plan area"); and
WHEREAS, the Applicant is requesting an amendment to the Downtown Core Specific Plan
("Specific Plan Amendment") to change the Retail!Automotive land use designation for 1.94 acres of land
at 7099 Amador Plaza Road to Retail!Office to allow for the expansion of an existing building and the
establishment of a retail commercial tenant, Custom Fireplace, Patio and BBQ; and
WHEREAS, the Specific Plan Amendment is consistent with the Dublin General Plan which
designates the site as Retail!Office and allows for shopping centers, stores, restaurants, business and
professional offices, motels, service stations and sale of auto parts; and
WHEREAS, the Specific Plan area is zoned PD, Planned Development (Ord. 03-02) and requires
that a Planned Development Rezone with Stage 2 Development Plan and Site Development Review be
approved prior to the development of property within the Plan area; and
WHEREAS, the Applicant has submitted a complete application which is available and on file in
the Planning Division for a Downtown Core Specific Plan Amendment; PD, Planned Development
Rezone and Stage 2 Development Plan; Conditional Use Permit; and, Site Development Review for the
above described project; and
WHEREAS, the California Environmental Quality Act (CEQA), together with State CEQA
Guidelines, requires that certain projects be reviewed for environmental impacts and that environmental
documents be prepared; and
WHEREAS, on December 19, 2000, the Dublin City Council certified a Negative Declaration for
the Downtown Core Specific Plan (Resolution 226-00); and
Attachment 5
LfDro g~
WHEREAS, the Downtown Core Specific Plan states that major amendments to the Specific Plan
are subject to additional environmental review pursuant to CEQA; and
WHEREAS, the Project has been reviewed in accordance with CEQA and a determination has
been made that the proposed Specific Plan Amendment is not a major amendment; therefore, Staff is
recommending that the Project be found Categorically Exempt from CEQA pursuant to Section 15332,
In-Fill Development Projects; and
WHEREAS, the City of Dublin Planning Commission ("Planning Commission") held a public
hearing on said application on August 14,2007; and
WHEREAS, proper notice of said hearing was given in all respects as required by law; and
WHEREAS, the Planning Commission did hear and consider all said reports, recommendations
and testimony herein above set forth and used independent judgment to evaluate the Project; and
WHEREAS, the Staff Report was submitted recommending that the Planning Commission
recommend City Council approval of an amendment to the Downtown Core Specific Plan to change the
Retail! Automotive land use designation to Retail/Office for 1.94 acres of land.
NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission does
hereby find that:
A. The Downtown Core Specific Plan Amendment is consistent with the Dublin General Plan land
use designation of Retail/Office and the goals, policies and implementing programs set forth in the
Dublin General Plan in that: 1) the Retail!Office land use designation in the Specific Plan allows
for a range of general retail uses which is consistent with the types of uses allowed under the
General Plan land use designation; and 2) changing the land use from Retail!Automotive to
Retail!Office allows for the intensification of an existing downtown retail business which has
outgrown its existing location.
B. The Downtown Core Specific Plan Amendment is consistent with the goals and objectives of the
Specific Plan in that: 1) the amendment encourages development in the Downtown Core by
allowing for additional general retail uses to be established; 2) the establishment of additional
general retail uses will contribute to the existing tax base in the downtown area; 3) the expansion
of an existing downtown retail business is a positive contribution to the creation of an appropriate
mix of small, medium and large scale retail uses; 4) the amendment allows for the retention of an
existing downtown business by permitting it to expand in another location within the Downtown
Core area; and 5) the amendment allows for the phasing out of an existing automobile sales and
service land use.
BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby
recommend City Council approval of an amendment to the Downtown Core Specific Plan to change the
Retail! Automotive land use designation to Retail/Office for 1.94 acres of land located at 7099 Amador
Plaza Road.
PASSED, APPROVED AND ADOPTED this 14th day of August 2007 by the following vote:
20f3
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Lflat ~ (p
Chair Schaub, Vice Chair Wehrenberg, Commissioners Biddle, and King
Commissioner Tomlinson
Planning Commission Chair
Planning Manager
G:\PA#\2007\07-001 Custom Fireplace, Patio, BBQ\PC\PC Reso SPA. doc
30f3
l.f2.otJ -e ~
RESOLUTION NO. 07-40
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL AMEND THE ZONING MAP AND
APPROVE A PLANNED DEVELOPMENT REZONE WITH STAGE 2 DEVELOPMENT PLAN
FOR CUSTOM FIREPLACE, PATIO AND BBQ LOCATED AT 7099 AMADOR PLAZA ROAD
(APN 941-0305-026)
PA 07-001
WHEREAS, the Applicant, Architectural Networks, Inc. on behalf of the property owner and
business owner, Walt Ligon, has requested approval of an amendment to the Downtown Core Specific
Plan to change the Retail! Automotive land use designation to Retail!Office for 1.94 acres of land;
approval of a PD, Planned Development Rezone with a Stage 2 Development Plan in accordance with the
Downtown Core Specific Plan; approval of a Conditional Use Permit for Retail - Outdoor Storage; and
approval of Site Development Review to construct an approximately 10,900 square foot addition to an
existing 9,370 square foot building, related site improvements including new parking and circulation, new
landscaping and fencing and a new trash enclosure, and a new wall sign located at 7099 Amador Plaza
Road (the "Project"); and
WHEREAS, the Project site is located within the Downtown Core Specific Plan area ("Specific
Plan area"); and
WHEREAS, the Applicant is requesting an amendment to the Downtown Core Specific Plan
("Specific Plan Amendment") to change the Retail! Automotive land use designation for 1.94 acres of land
at 7099 Amador Plaza Road to Retail!Office to allow for the expansion of an existing building and the
establishment of a retail commercial tenant, Custom Fireplace, Patio and BBQ; and
WHEREAS, should the City Council approve the request for a Specific Plan Amendment, the
Applicant is also seeking approval of a Planned Development Rezone with a Stage 2 Development Plan in
accordance with the provisions of the Downtown Core Specific Plan; and
WHEREAS, the Specific Plan area is zoned PD, Planned Development (Ord. 03-02) and requires
that a Planned Development Rezone with Stage 2 Development Plan and Site Development Review be
approved prior to the development of property within the Plan area; and '
WHEREAS, the Applicant has submitted a complete application which is available and on file in
the Planning Division for a Downtown Core Specific Plan Amendment; PD, Planned Development
Rezone and Stage 2 Development Plan; Conditional Use Permit; and Site Development Review for the
above described project; and
WHEREAS, the Stage 2 Development Plan establishes the following: 1) compatibility with the
Stage 1 Development Plan, the Downtown Core Specific Plan; 2) a statement of proposed uses; 3) a Stage
2 Site Plan; 4) Site area and proposed densities; 5) development regulations; 6) architectural standards;
and 7) a preliminary landscape plan; and
WHEREAS, the California Environmental Quality Act (CEQA), together with State CEQA
Guidelines, requires that certain projects be reviewed for environmental impacts and that environmental
documents be prepared; and
Attachment 6
4-3 6b 'BGe
WHEREAS, on December 19,2000, the Dublin City Council certified a Negative Declaration for
the Downtown Core Specific Plan (Resolution 226-00); and
WHEREAS, the Downtown Core Specific Plan states that major amendments to the Specific Plan
are subject to additional environmental review pursuant to CEQA; and
WHEREAS, the Project has been reviewed in accordance with CEQA and a determination has
been made that the proposed Specific Plan Amendment is not a major amendment; therefore, Staff is
recommending that the Project be found Categorically Exempt from CEQA pursuant to Section 15332,
In-Fill Development Projects; and
WHEREAS, the City of Dublin Planning Commission ("Planning Commission") held a public
hearing on said application on August 14,2007; and
WHEREAS, proper notice of said hearing was given in all respects as required by law; and
WHEREAS, the Planning Commission did hear and consider all said reports, recommendations
and testimony herein above set forth and used independent judgment to evaluate the project; and
WHEREAS, a Staff Report was submitted recommending that the Planning Commission
recommend City Council approval of a Planned Development Rezone with Stage 2 Development Plan for
Custom Fireplace, Patio and BBQ.
NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission does
hereby find that:
A. The proposed Planned Development Rezone and Stage 2 Development Plan meets the purpose and
intent of Chapter 8.32 of the Zoning Ordinance in that: 1) they establish development regulations
which are tailored to the site, provide for maximum flexibility and diversification in the
development of the property and are consistent with the Dublin General Plan and Downtown Core
Specific Plan; 2) the integrity and character of the commercial area is preserved and design
features have been incorporated to achieve a development that is compatible with the area; and 3)
the development allows for creative and imaginative design that promotes amenities which are
oriented towards the pedestrian beyond what is expected in conventional developments.
B. Development under the Planned Development Rezone and Stage 2 Development Plan will be
harmonious and compatible with existing and future development in the surrounding area in that:
1) the proposed uses and development standards are consistent with the adopted Stage 1
Development Plan; 2) compliance with the Stage 1 Development Plan ensures that the Project will
be harmonious and compatible with other existing and future development in the area; and 3)
through compliance with the adopted Stage 1 Development Plan, the Stage 2 Development Plan
for the proposed Project contributes to a pedestrian oriented environment.
C. The Project site is physically suitable forthe type and intensity of the zoning district proposed in
that: 1) the property is located within an urbanized area; 2) the property is currently developed and
served by all necessary public utilities; and 3) the property is surrounded by and compatible with
other commercial uses.
20f3
y~.ou~~
D. The proposed Planned Development Rezone and Stage 2 Development Plan will not adversely
affect the health or safety of persons residing or working in the vicinity or be detrimental to the
public health, safety or welfare in that: 1) the Stage 2 Development Plan has been designed in
accordance with the City of Dublin General Plan, Downtown Core Specific Plan and all applicable
development regulations; and 2) the development regulations ensure that future development is
compatible with surrounding uses and contributes to a pedestrian friendly environment.
E. The proposed Planned Development Rezone and Stage 2 Development Plan are consistent with all
elements and policies of the Dublin General Plan and the Downtown Core Specific Plan, as
amended. The Stage 2 Development Plan conforms to the elements and policies of those plans in
that: 1) the uses permitted within the zoning district are compatible with the General Plan land use
designation of Retail!Office; and 2) the development regulations ensure that development of the
property includes pedestrian friendly amenities such as wider sidewalks, enhanced pedestrian
walkways, a water feature and outdoor display of merchandise.
BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby recommend
City Council approval of a Planned Development Rezone with a Stage 2 Development Plan (attached in
draft form and labeled Exhibit A) for Custom Fireplace, Patio and BBQ located at 7099 Amador Plaza
Road.
PASSED, APPROVED AND ADOPTED this 14th day of August 2007 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chair
, ATTEST:
Planning Manager
G:\P A#\2007\07-001 Custom Fireplace, Patio, BBQ\PC\PC Reso Stage 2 PD. doc
30f3
4-5 Ob ~~
RESOLUTION NO. 07-41
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A CONDITIONAL USE PERMIT FOR RETAIL - OUTDOOR STORAGE AND
SITE DEVELOPMENT REVIEW TO CONSTRUCT AN APPROXIMATELY 10,900 SQUARE
FOOT ADDITION TO AN EXISTING 9,370 SQUARE FOOT BUILDING LOCATED AT
7099 AMADOR PLAZA ROAD (CUSTOM FIREPLACE, PATIO AND BBQ)
(APN 941-0305-26)
PA 07-001
WHEREAS, the Applicant, Architectural Networks, Inc. on behalf of the property owner and
business owner, Walt Ligon, has requested approval of an amendment to the Downtown Core Specific
Plan to change the Retail! Automotive land use designation to Retail/Office for 1.94 acres of land;
approval of a PD, Planned Development Rezone with a Stage 2 Development Plan in accordance with the
Downtown Core Specific Plan; approval of a Conditional Use Permit for Retail - Outdoor Storage; and
approval of Site Development Review to construct an approximately 10,900 square foot addition to an
existing 9,370 square foot building, related site improvements including new parking and circulation, new
landscaping and fencing and a new trash enclosure, and a new wall sign located at 7099 Amador Plaza
Road (the "Project"); and
WHEREAS, the Project site is located within the Downtown Core Specific Plan area ("Specific
Plan area"); and
WHEREAS, the Specific Plan area is zoned PD, Planned Development (Ord. 03-02) and requires
that a Planned Development Rezone with Stage 2 Development Plan and Site Development Review be
approved prior to the development of property within the Plan area; and
WHEREAS, the Applicant is requesting an amendment to the Downtown Core Specific Plan
("Specific Plan Amendment") to change the Retail! Automotive land use designation for 1.94 acres of land
at 7099 Amador Plaza Road to Retail!Office to allow for the expansion of an existing building and the
establishment of a retail commercial tenant, Custom Fireplace, Patio and BBQ; and
WHEREAS, should the City Council approve the request for a Downtown Core Specific Plan
Amendment, the Applicant is also seeking approval of a Planned Development Rezone and Stage 2
Development Plan in accordance with the provisions ofthe Downtown Core Specific Plan; and
WHEREAS, should the City Council approve the request for a Planned Development Rezone and
Stage 2 Development Plan, the Applicant is also seeking approval of a Conditional Use Permit to allow
for Retail - Outdoor Storage for outdoor storage of materials and outdoor display of merchandise and Site
Development Review for an approximately 10,900 square foot addition to the exiting 9,370 square foot
building, modifications to site layout including new parking and circulation, new landscaping and fencing
and a new trash enclosure and a new wall sign; and
WHEREAS, an approval of the Conditional Use Permit and Site Development Review is not
effective until approval of the Downtown Core Specific Plan amendment and Planned Development
Rezone with Stage 2 Development Plan are approved and adopted by the City Council; and
WHEREAS, the Applicant has submitted a complete application which is available and on file in
the Planning Division for a Downtown Core Specific Plan Amendment; PD, Planned Development
Attachment 7
~l>b ~&;
Rezone and Stage 2 Development Plan; Conditional Use Permit; and, Site Development Review for the
above described project; and
WHEREAS, the California Environmental Quality Act (CEQA), together with State CEQA
Guidelines, requires that certain projects be reviewed for environmental impacts and that environmental
documents be prepared; and
WHEREAS, on December 19,2000, the Dublin City Council certified a Negative Declaration for
the Downtown Core Specific Plan (Resolution 226-00); and
WHEREAS, the Downtown Core Specific Plan states that major amendments to the Specific Plan
are subject to additional environmental review pursuant to CEQA; and
WHEREAS, the Project has been reviewed in accordance with CEQA and a determination has
been made that the proposed Specific Plan Amendment is not a major amendment; therefore, Staff is
recommending that the Project be found Categorically Exempt from CEQA pursuant to Section 15332,
In-Fill Development Projects; and
WHEREAS, the City of Dublin Planning Commission ("Planning Commission") held a public
hearing on said application on August 14,2007; and
WHEREAS, proper notice of said hearing was given in all respects as required by law; and
WHEREAS, the Planning Commission did hear and consider all said reports, recommendations
and testimony herein above set forth and used independent judgment to evaluate the project; and
WHEREAS, the Staff Report was submitted recommending that the Planning Commission
approve a Conditional Use Permit to allow for Retail - Outdoor Storage for outdoor storage of materials
and outdoor display of merchandise and Site Development Review for an approximately 10,900 square
foot addition to the exiting 9,370 square foot building, modifications to site layout including new parking
and circulation, new landscaping and fencing and a new trash enclosure, and a new wall sign.
NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission does
hereby make the following findings for said Conditional Use Permit:
A. The proposed Retail - Outdoor Storage use type, for the outdoor storage of materials and outdoor
display of merchandise, and the related enclosures for these outdoor uses are compatible with the
Retail/Office land use designation for the Project site and the surrounding properties in that: 1)
outdoor storage is a necessary and customary part of retail establishments selling home
improvement products and the items being stored outdoors are products which are offered for sale
by the business; 2) outdoor display is commonly associated with retail establishments and the
items on display are products which are offered for sale by the business; and 3) the outdoor
storage area will be appropriately screened from public view and the outdoor display area has been
designed with high quality materials.
B. The proposed Retail - Outdoor Storage use type, for the outdoor storage of materials and outdoor
display of merchandise, 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: 1)
conditions of approval have been placed or. the Project to ensure that the uses are confined to the
areas designated on the Project plans and tha~ all items being stored outdoors are appropriately
20f32
410b e~
screened from public view; and 2) provisions for egress in the event of an emergency have been
incorporated into the design of the outdoor spaces in accordance with local Building and Fire
regulations.
C. The proposed Retail - Outdoor Storage use type, for the outdoor storage of materials and outdoor
display of merchandise, will not be injurious to property or improvements in the neighborhood in
that: 1) the outdoor storage of materials and outdoor display of merchandise are uses which are
necessary and customary for retail establishments and the Project is surrounded by similar uses;
and 2) the design of the outdoor storage and display areas is well integrated with the design of the
retail building and presents a high quality image consistent with the surrounding area.
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. The proposed Retail - Outdoor Storage use type, for the
outdoor storage of materials and outdoor display of merchandise, is located on a site which is fully
developed and connected to all necessary public utilities and services. Public access to the site
currently exists and will be upgraded and enhanced as part of the overall redevelopmept of the
Proj ect.
E. The subject site is physically suitable for the type, density and intensity of the outdoor storage and
display use and the related structures proposed in that: 1) the outdoor storage of materials and the
outdoor display of merchandise are ancillary uses to the larger retail establishment and are well
integrated with the proposed retail building; 2) the topography of the site is relatively flat and
lends itself for the establishment of outdoor uses without impeding pedestrian or vehicular traffic;
and 3) the outdoor uses are well integrated on the site and do not conflict with access, parking or
circulation patterns.
F. The proposed Retail - Outdoor Storage use type, for the outdoor storage of materials and outdoor
display of merchandise, 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: 1) the outdoor storage and display supports the operation and expansion of an existing
business; 2) is compatible with surrounding retail commercial uses; 3) is not contrary to the
performance standards established for commercial areas; and 4) facilitates the activation of
outdoor spaces through the display of merchandise.
G. The proposed Retail - Outdoor Storage use type, for the outdoor storage of materials and outdoor
display of merchandise, is consistent with the Dublin General Plan and the Downtown Core
Specific Plan in that: 1) the outdoor storage and display use is compatible with retail!office land
uses; 2) conditions of approval have been applied to the Project to ensure on-going compatibility
with adjacent uses; and 3) the outdoor storage and display uses support the expansion of an
existing business within the downtown.
NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission does
hereby make the following findings for said Site Development Review:
A. Approval of this application is consistent with the purpose and intent of this Chapter in that: 1) the
Project contributes to orderly, attractive and harmonious site and structural development
compatible with the existing site layout and surroundings properties; 2) establishes a cohesive
architectural and landscape theme that is internally c0nsistent with the site's development and with
~urrounding properties; 3) complies with the development regulations set forth in the Downtown
3 of 32
4$ aocg"
Core Specific Plan and the Zoning Ordinance where applicable; 4) stabilizes property values by
investing in the redevelopment of a vacant site which was formerly used as an automobile
dealership; and 5) promotes the general welfare through the expansion of an existing retail
business in the downtown.
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.' Approval of the
Project: 1) is consistent with the policies of the General Plan in that the expansion of an existing
business in the downtown area contributes to the vitality of the downtown area; 2) is consistent
with the policies of the Downtown Core Specific Plan in that it encourages development in the
downtown, maintains and enhances the tax base of the downtown, encourages an appropriate mix
of retail uses by allowing a smaller scale retail use among existing big box retail uses, and
facilitates the phasing out of an automobile sales and service land use consistent with the vision
and requirements of the Downtown Core Specific Plan; and 3) is consistent with the development
regulations and performance standards for the zoning district in which it is located and all other
requirements of the Zoning Ordinance in that the Project meets all setback, parking and
landscaping requirements
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: 1) the Project
has been designed in accordance with the Dublin Municipal Code; and 2) conditions of approval
have been applied to the Project to ensure on-going compatibility with surrounding properties.
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) the site layout has been designed to
emphasize pedestrian access through wide sidewalks and pedestrian walkways with enhanced
paving; 2) existing vehicular access would be upgraded to meet current standards and would be
deemphasized with enhanced paving to create a more pedestrian friendly environment; 3) a
minimal amount of parking is provided at the front of the building and near the main entrance to
provide convenient access to the business while the majority of parking is provided to the rear of
the site; 4) the height of the single story retail building is consistent with surrounding
developments and includes a raised parapet to screen any roof mounted mechanical equipment;
and 5) adequate lighting along all pedestrian walkways and parking areas has been provided in
accordance with the Non-Residential Security Ordinance requirements.
E. The subject site is physically suitable for the type and intensity of the approved development in
that: 1) the Project site has historically been used for commercial purposes and is surrounded by
compatible corinnercial uses; and 2) the Project complies with the floor area ratio standards as
adopted in the Downtown Core Specific Plan.
F. Impacts to views are addressed in that: 1) the Project has been designed to be architecturally
compatible with surrounding newer developments; and 2) the single story building height relates
well to surrounding properties which are also single story commercial buildings.
G. Impacts to existing slopes and topographic features are addressed in that: the site is generally flat
and no significant topographic features exist.
40f32
Ll'1 UUBb
H. Architectural considerations, including the character, scale and quality of the design, the
architectural relationship with the site and other buildings, building materials and colors,
screening of exterior appurtenances, exterior lighting, and similar elements have been
incorporated into the project and as conditions of approval in order to insure compatibility of this
development with the development's design concept or theme and the character of adjacent
buildings, neighborhoods, and uses in that: 1) the Project has been designed architecturally to
compliment adjacent retail developments with the use of similar color palettes and quality of
materials; 2) a raised parapet height would screen from view all roof mounted equipment; 3)
exterior light fixtures have been selected to compliment the design of the building and will be
adequately shielded so as not to cause glare or spill over onto adjacent properties; and 4)
conditions of approval have been applied to the Project to ensure that the development is
constructed consistent with this approval.
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: 1) the plant palette was chosen in part from the
recommended plant list provided in the Downtown Core Specific Plan; 2) low shrubs have been
selected to screen parking areas within close proximity to the public right of way; 3) the public
sidewalk will be modified to a 10-'- foot width and tree grates incorporated around existing street
trees; 4) trees will be planted in parking lot areas providing shade; and 5) a strong landscaped edge
around the perimeter of the property.
J. The approval of the Site Development Review is consistent with the Dublin General Plan and with
any applicable Specific Plans in that: 1) the Project furthers the goals and policies of the Dublin
General Plan, which encourages intensification of the downtown area, by supporting the
expansion of an existing downtown business; 2) the Project is consistent with the General Plan
land use designation of Retail!Office; 3) the Project is consistent with the goals and policies of the
Downtown Core Specific Plan which encourages the gradual phasing out of automobile sales and
service land uses and allows existing buildings to be converted to uses consistent with the vision
and requirements of the Specific Plan; and 4) the Project is consistent with the Downtown Core
Specific Plan design guidelines by varying the height of the building to create distinctive massing
elements, by providing consistent architectural design and detailing on all elevations, by creating
an individualized entry to the building and by providing a front building fa9ade which adds visual
interest for pedestrians.
K. Approval of this application complies with Chapter 8.58 relating to the Public Art Program
Contribution in that: the Project is not subject to Public Art in accordance with Chapter 8.58.
BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby
approve a Conditional Use Permit to allow for Retail - Outdoor Storage for outdoor storage of materials
and outdoor display of merchandise and Site Development Review for an approximately 10,900 square
foot addition to the exiting 9,370 square foot building, modifications to site layout including new parking
and circulation, new landscaping and fencing and a new trash enclosure, and a new wall sign on 1.94
acres of land located at 7099 Amador Plaza Road.
CONDITIONS OF APPROVAL:
Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of
Building Permits or e&~ablishment of the use and shall be first subject to Pla.ming Division review and
approval. The following codes represent those departments/agencies respcnsible for monitoring
5 of 32
?()oo ~~
compliance ofthe conditions of approval: rPLl Planning; rBl Building; [POl Police; rpwl Public Works;
r ADMl Administration/City Attorney; rFINl Finance; rpCSl Parks and Community Services;, rFl Dublin
Fire Prevention; [DSRl Dublin San Ramon Services District; rLDD] Livermore Dublin Disposal; rCOl
Alameda County Department of Environmental Health; rZone 71 Alameda County Flood Control and
Water Conservation District, Zone 7; rLA VTAl Livermore Amador Valley Transit Authority; and rCHSl
California Department of Health Services.
1.
Approval. The following Conditions of Approval
apply to PA 07-001, a Conditional Use Permit and
Site Development Review for the Custom Fireplace,
Patio & BBQ project (the "Project"). The Project is
a request for a Conditional Use Permit for Retail -
Outdoor Storage for the outdoor display of
merchandise and the outdoor storage of materials
and Site Development Review to expand the
existing building and make associated site
improvements and to increase the allowable sign
length and height for a wall sign.
2.
This approval for P A 07-001 shall generally
conform to the project plans prepared and submitted
by Architectural Network, Inc. and Arrow Sign
Company dated received by Dublin Planning on
June 25, 2007 stamped approved and on file in the
Community Development Department, Planning
Division and other plans, text, and diagrams relating
to this approval, unless modified by the Conditions
of Approval contained herein.
Permit Expiration. Construction or use shall
commence within one (1) year of the Conditional
Use Permit/Site Development Review approval or
the permit(s) 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.
Time Extension. The original approving decision-
maker may grant a time extension of permit
approval for a period not to exceed six (6) months
provided that, 1) the Applicant submits a written
request for an extension prior to expiration of the
permit approval and 2) a determination can be made
that all Conditions of Approval remain adequate to
assure that the applicable findings of approval will
continue to be met. All time extension requests
shall be noticed and a public hearing or public
3.
60f32
PL
On-going
Planning
PL
One year from
Permit Approval
DMC
8.96.020.D
PL
One year from
Permit Approval
DMC
8.96.020.E
meeting shall be held as required by the particular
permit.
4. Revocation. The Conditional Use Permit/Site
Development Review approval shall be revocable
for cause in accordance with Section 8.96.020.1,
Revocation of the Dublin Zoning Ordinance. Any
violation of the terms and conditions of this
approval may be subject to the issuance of a
citation.
5. Property Maintenance. The Applicant/Developer
and property owner shall be responsible for
maintaining the site in a clean and litter free
condition during construction and through
completion. The property owner and/or future
tenants shall be responsible for maintaining the site
in a clean and litter free condition at all times
following completion of construction.
6. Controlling Activities. The Applicant/Developer
and property owner shall control all activities on the
project site so as not to create a nuisance to existing
or surrounding businesses and residences during
construction and through completion. The property
owner and/or future tenants shall control all
activities on the project site so as not to create a
nuisance to existing or surrounding businesses and
residences at all times following completion of
construction.
7. Accessory/Temporary Structures and Uses. A
Temporary Use Permit IS required for all
construction trailers, security trailers and storage
containers used during construction.
8. Temporary Sign age. All temporary signage shall
be subject to the regulations of Chapter 8.84, Sign
Regulations of the Dublin Zoning Ordinance.
9. Prohibited Signage. The use of any A-Frame,
portable or sandwich board signs on-site or within
the ublic ri t-of-wa IS rohibited.
PL
PL
PL
PL
PL
PL
On-going
During
Construction,
Through
Completion and
On-going
During
Construction,
Through
Completion and
On-going
Placement
On-site
On-going
On-going
6lOD<B~
DMC
8.96.020.1
Planning
Planning
Planning
DMC
8.84
DMC
8.84
10. Annual Review. On an annual basis, the
Conditional Use Permit approval may be subject to
review by the Community Development Director to
determine compliance with the Conditions of
Approval.
11. Modifications to the Conditional Use Permit.
Any modifications to the use or conditions of the
Conditional Use Permit approval shall be subject to
review and approval by decision making body that
ultimately approves the Project. Minor
amendments may be considered by the Community
7 of 32
PL
PL
On-going
On-going
Planning
DMC
8.100.080
Development Director III accordance with the
Dublin Zoning Ordinance.
12. Null and Void. The Conditional Use Permit
approval shall become null and void in the event
that the approved usee s) ceases to operate for a
continuous one-year period, after the use
commences.
13. Outdoor Storage. All items stored outside must be
placed within the designated outdoor storage area
and shall not be visible from the exterior of the
outdoor storage enclosure. The area around the
outdoor storage enclosure shall be maintained in a
clean and litter free condition at all times.
14. Outdoor Storage Enclosure. The lO-foot cement
plaster enclosure shown on Sheet 7 of the Project
Plans shall be revised and submitted for review and
approval to the Community Development Director
pursuant to Site Development Review. The design
of the enclosure shall be in accordance with the
terms and conditions of all easements recorded on
the property and to the satisfaction of the
Community Development Director and Public
Works Director.
15. Outdoor Display. All items on display must be
placed within the designated outdoor display area.
Except for items placed within the designated
outdoor display area, no merchandise shall be
displayed or otherwise placed outdoors without an
a roved Tempora Use Permit.
PL
PL
PL
PL
On-going
On-going
Issuance of
Building Permits
On-going
':52JO g Co
Planning
Planning
Planning
Planning
16. Permit Validity. The 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.
17. Exterior Building Colors. All exterior colors and
finishes shall be consistent with the approved
Project plans and the colors and materials boards.
Prior to painting the entire building, color swatches
shall be painted on the building in their approved
locations and shall be inspected by the Planning
Division.
18. Roof Mounted Equipment. Any .equipment
mounted to the roof of the building shall be
completely screened from public VIew with
materials architecturally compatible with the main
building and to the satisfaction of the Community
Development Director.
80f32
PL
PL
PL
On-going
Occupancy
Occupancy and
On-going
DMC
8.96.020.F
Planning
Planning
19. Trash Enclosure/Recycling Enclosure. The trash
and recycling enclosure shall be designed with
materials architecturally compatible with the main
building and to the satisfaction of the Community
Development Director. All waste receptacles and
recycling receptacles must be accommodated within
the enclosure at all times.
PL
Issuance of
Building Permits
63t111~
Planning
20. Approval. This Sign/Site Development Review
(Sign/SDR) approval for PA 07-001 shall generally
conform to the project plans prepared and submitted
by Architectural Network, Inc. and Arrow Sign
Company dated received by Dublin Planning on
June 25, 2007 stamped approved and on file in the
Community Development Department, Planning
Division and other plans, text, and diagrams relating
to this approval, unless modified by the Conditions
of Approval contained herein. Signs approved
under this Sign/SDR shall conform to the following
Conditions of Approval and all dimensions,
restrictions and notations indicated on the project
plans.
PL
Planning
This Sign/SDR approval shall be limited to the
exterior wall sign on the west elevation. This wall
sign is approved to have a maximum letter height of
3-feet, 4-inches and a maximum sign length of 38-
feet,4-inches.
21. Sign Maintenance. All signage shall be well- PL
maintained in an attractive manner at all times and
in accordance with the approved plans.
22. New or Modified Signage. Any new sign(s) or PL
modifications to the approved wall sign shown in
the project plans shall first be subject to review by
the Community Development Department for
conformance with this Sign/SDR and Chapter 8.84,
Sign Regulations of the Zoning Ordinance.
Modifications to the Sign/SDR and/or to the
specific conditions stated herein may be considered
by the Zoning Administrator upon application for a
Sign/Site Development Review pursuant to Chapter
8.104, Site Development Review of the Dublin
Zoning Ordinance.
23. Building Permits Required for Wall Sign. B, PL
Building Permits shall be obtained prior to the
installation of the wall sign.
24. Master Sign Program. If the building is to be PL
occupied by more than one business a Master Sign
Program shaH be applied for and approved for all
90f32
On-going
Prior to
installation
Prior to
installation
Prior to issuance
of Building
Permits for the
Planning
Planning,
Chapter
8.84
Building,
Planning
Planning,
Chapter
8.84
wall signage. Freestanding monument signs shall
be subject to Chapter 8.84 of the Dublin Zoning
Ordinance.
SIgnS
6tdb~~
25. Final Landscape and Irrigation Plans. Final
Landscape and Irrigation Plans, prepared and
stamped by a State licensed landscape architect or
registered engineer, generally consistent with the
preliminary landscape plan prepared by
Borrecco/Kilian & Associates, Inc., included in the
Project plans dated June 25. 2007 unless modified
by Conditions of Approval contained herein, along
with a cost estimate of the work and materials
proposed, shall be submitted for review and shall be
approved by the Community Development Director.
Landscape and Irrigation Plans shall be submitted at
a minimum scale of 1 "==20'. All text shall be
mmImum 1/8" font m SIze for readability.
Signature blocks for the Community Development
Director and the Public Works Director shall be
included on the plans.
Landscape and irrigation plans shall also provide
for a recycled water system.
26. Removal and Replacement of Existing
Landscaping. The Community Development
Director reserves the right to require the removal
and replacement of existing landscaping which is
damaged during construction or otherwise not
exhibiting healthy growth and vitality.
27. Details. Landscape plans shall include full details
regarding: 1) paving materials and textures of
walkways and paved pedestrian areas; 2) lighting of
walkways and pedestrian areas with low intensity
non-glare type fixtures; and, 3) landscaping of site
and open areas. As part of the landscape plans the
Applicant/Developer shall submit:
a) An automatic, underground irrigation plan.
b) A lighting plan for the illumination of the
building, pedestrian and parking areas.
Lighting fixture type, height, wattage and
direction shall be clearly indicated.
c) Construction details of fountains, raised
planters, walkways, paths, benches, walls,
fences, trellises, and other architectural
features as a propriate to the project.
28. Special Paving. A color board of proposed paving
colors and fmjshes shall be submitted for review
100f32
PL,
PW
PL
PL
PL
Issuance of
Building Permits
Occupancy
Approval of Final
Landscape Plans
Approval of Final
Landscape Plans
Planning,
Public
Works
Planning
Planning
Planning
29.
and approval by the Community Development,
Director.
Standard Plant Material, Irrigation and
Maintenance Agreement. The Applicant/
Developer shall complete and submit to the
Planning Division the Standard Plant Material,
Irrigation and Maintenance Agreement.
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 Landscaping
Ordinance.
Salt Sensitive Plant Species. The final landscape
plans shall include plant species that are not salt
sensitive.
Landscaping at Street and Drive Aisle
Intersections. Landscaping shall not obstruct the
sight distance of motorists, pedestrians or bicyclists.
Except for trees, landscaping at drive aisle
intersections shall not be taller than 30 inches above
the curb. Landscaping shall be kept at a minimum
height and fullness giving patrol officers and the
general public surveillance capabilities ofthe area.
Landscape and Utilities. All utilities shall be
shown on the landscape plans and coordinated with
proposed landscaping. The location of utilities shall
be studied carefully to minimize their visual impact
and to provide adequate planting space for trees and
for screening shrubs.
Landscaping of Walls (if any) and Trash
Enclosures. The Applicant/Developer shall screen
all walls, fencing and the sides of walls surrounding
trash enclosures and/or generator enclosures. The
use of shrubs and vines is encouraged. All fencing
shall be in accordance with the Zoning Ordinance
requirements and regulations.
Lighting. The location of trees and light fixtures
shall be coordinated to the satisfaction of the City
Engineer, Community Development Director and
Dublin Police Services. Lighting used after daylight
hours shall be adequate to provide for security
needs and shall comply with the Non-Residential
Security Ordinance Requirements and to the
satisfaction of Dublin Police Services.
Landscape Borders. A concrete curb that is at
least 6 inches high and 6 inches wide shall border
all landscaped areas. Ar._y curbs adjacent to parking
30.
31.
32.
33.
34.
35.
36.
11 of 32
PL
PL,
PW
PL
PL
PL
PL
PL,
PW,
PD
PL,
PW
Approval of Final
Landscape Plans
Approval of Final
Landscape Plans
Approval of Final
Landscape Plans
and On-going
Approval of Final
Landscape Plans
and On-going
Approval of Final
Landscape Plans
Approval of Final
Landscape Plans
and On-going
Approval of Final
Landscape Plans
and On-going
Approval of Final
Landscape Plans
65r~~~
Planning
Planning
and Public
Works
Planning
Planning
Planning
Planning
Planning,
Public
Works and
Police
Planning
and Public
Works
37.
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 6 inches deep and 4 inches wide shall be
required to separate turf areas from shrub areas.
Landscape planters in the front of parking spaces
shall provide a minimum three-foot clear to any
tree.
Plant standards. All trees shall be 24" box
minimum; all shrubs shall be 5-gallon minimum.
Ground cover plants shall be 1 gallon minimum.
All plants shall be listed by full botanical name and
common name.
Installation of Landscaping and Parking Lot
Improvements. All landscaping and parking lot
improvements shall be installed prior to occupancy
of the buildings.
Light Fixtures. All lighting associated with the
project area shall be subject to staff review and
approval.
Planter Pots. Planter pots shall be provided with
irrigation and be designed to drain to the storm
drain.
Planting Spacing. Adequate space to plant trees
adjacent to buildings or other built features must be
provided in the following minimum ways:
a) Small trees (to 15 feet tall) no closer than 6
feet from building or 2 feet from paving,
curbs, or walls with a minimum planting area
5 feet wide.
b) Medium trees (to 30 feet tall) no closer than
10 feet from building or 3 feet from paving,
curbs, or walls with a minimum planting area
6 feet wide.
c) Large trees (above 30 feet tall) no closer than
15 feet from building or 3 feet from paving,
curbs, or walls with a minimum planting area
6 feet wide, preferably 8 feet wide.
Planting and Utility Conflicts. All planting areas
containing trees shall be free of all utility structures
(including light standards) and other built features
consistent with the spacing requirements noted
above. Conflicts between landscaping and utilities
shall be resolved to the satisfaction of the
Community Development Director.
38.
39.
40.
41.
42.
120f32
PL
PL
PL
PL
PL
PL,
PW
Approval of Final
Landscape Plans
Occupancy
Approval of Final
Landscape Plans
Approval of Final
Landscape Plans
Approval of Final
Landscape Plans
and Through
Completion
Approval of Final
Landscape Plans
t;;7.t; ~h ~"
-
Planning
Planning
Planning
Planning
Planning
Planning
and Public
Works
43.
Landscaping. The Applicant/Developer shall
construct all landscaping within the site and along
the project frontage from the face of curb to the site
right-of-way to the design and specifications of the
City of Dublin Streetscape compatible Master Plans
and City of Dublin specifications, and to the
satisfaction ofthe Director of Public Works.
44.
The AppliCaht/Developer shall remove, replace
and/or add additional street trees along Amador
Plaza Road as directed by, and to the satisfaction of,
the Director of Public Works. Street tree varieties of
a minimum 24" box from the approved street list
shall be planted along the street frontage and shall
be shown on the final landscaping plans. Exact tree
locations and varieties shall be reviewed and
a proved by the Director of Public Works.
Maintenance of Landscaping. All landscaping
materials within the public right-of-way shall be
maintained for 90 days and on-site landscaping
shall be maintained in accordance with the "City of
Dublin Standards Plant Material, Irrigation 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 or
modified landscaping to the site, including the
removal or replacement of trees, shall require prior
review and written approval from the Community
Develo ment Director.
PL,
PW
PL,
PW
Approval of Final
Landscape Plans
and Through
Completion
On-going
61Jb 1$"
Planning
and Public
Works
Planning
and Public
Works
45.
Building
46.
Building Codes and Ordinances. All project
construction shall conform to all building codes and
ordinances in effect at the time of building permit.
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.
13 of32
B
Through
Completion
B
Issuance of
Building Permits
Building
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. Addresses 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 and shall be 5 inches in height
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-down's, 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.
50. 60-foot No Build Covenant. Prior to occupancy,
the no-build covenant that exists on the property
shall be released and a record that the release has
been recorded shall be supplied to the City.
51. 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
140f32
B
Issuance of
Building Permits
B
Occupancy
B
Frame Inspection
B
Occupancy
B
Occupancy of
any affected
building
6'geJb8~
Building
Building
Building
Building
Building
landscaping may be deferred due to inclement
weather with the posting of a bond for the value of
the deferred landscaping and associated
improvements.
52. Air Conditioning Units. Air conditioning units
and ventilation ducts shall be screened from public
VIew with materials compatible to the mam
building. Units shall be permanently installed on
concrete pads or other non-movable materials to be
approved by the Building Official and Director of
Community Development.
53. Temporary Fencing. Temporary construction
fencing shall be installed along perimeter of all
work under construction.
54. Green Building Guidelines. To the extent
practical, the Applicant/Developer shall incorporate
Green Building Measures. A Green Building plan
shall be submitted to the Building Official for
reVIew.
55. 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.
56. Electronic File. The Applicant/Developer shall
submit all building drawings and specifications for
the 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 pnor to the Issuance of the final
occupancy.
57. Disabled parking stalls. Disabled parking stalls
shall be placed as per the California Building Code.
58. Fire Sprinklers. The Project shall be provided
with a fire suppression system throughout the new
and existing construction.
59. Restroom. The number of restroom fixtures shall
be determined by the requirements of the most
current California Plumbing Code.
60. Finish Floor Certifications. A finish floor
elevation certification shall be submitted to the City
prior to the frame inspection; the finish floor of the
new and existing building shall be certified a
mmImum of one foot above the Base Flood
Elevation.
B
Occupancy
S~ If' B~
Building
Building
Building
Building
Building
Building
Building
Building
Building
Sprinkler System. Automatic sprinklers shall be
provided throughout the building as required by the
150[32
B
Through
Completion
B
Through
Completion
B
Through
Completion
B
Issuance of
Building Permits
and Issuance of
Final Occupancy
B
Occupancy
B
Occupancy
B
Issuance of
Building Permits
B
Frame Inspection
62.
63.
64.
65.
66.
67.
68.
69.
70.
Dublin Fire Code. If the building has over 100
sprinklers the system shall be monitored by UL
listed central station.
Deferred Submittal. Plans for the required
sprinkler monitoring shall be submitted to the Fire
Department for reVIew and approval pnor to
installation. A separate plan review fee will be
collected upon review of these plans. The plans
shall not be submitted until the building permit has
been issued for the building. CFC 1005.2.
Fire sprinkler plans shall include static and residual
p.s.i., GPM flowing and City main size with recent
test flow data.
A warehouse is shown on the plans. High piled
storage shall comply with the CFC article 81.
A Knox Box is required at the entry to the building.
Approved address numbers shall be placed on the
building in such a position as to be plainly visible
and legible from the street or road fronting the
property. Said numbers shall be placed on a
contrasting background. CFC 901.4.4.
The fire flow for the site shall comply with
appendix III-A ofthe CFC.
The gate separating outdoor storage area from
outdoor display area shall have a minimum 20-foot
clear width. CFC 902.2.4.1.
Fire apparatus roadways shall have a minimum
unobstructed width of 20-feet 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."
CFC 1998, Section 1998.
The Project shall comply with the Uniform Building
and Fire Codes as adopted by the City of Dublin.
F
Prior to
installation
{PO ~'~
Fire
Fire
Fire
Fire
Fire
Fire
Fire
Fire
Fire
71. Clarifications and Changes to the Conditions. In PW
the event that there needs to be clarification to these
Conditions of Approval, the Directors of
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 by the Directors of
Community Development and Public Works and
placed in the project file. The Directors also have
the authority to make minor modifications to these
160f32
F
F
F
F
F
F
F
F
Prior to approval
of Improvement
Plans
conditions without going to a public hearing in
order for the Developer to fulfill needed
improvements or mitigations resulting from impacts
ofthis project.
72. Standard Public Works Conditions of Approval. PW
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.
73. Hold Harmless/Indemnification. The Developer PW
shall defend, indemnify, and hold harmless the City
of Dublin and its agents, officers, and employees
from any claim, action, or proceeding against the
City of Dublin or its agents, officers, or employees
to attack, set aside, void, or annul an approval of the
City of Dublin or its advisory agency, appeal board,
Planning Commission, City Council, Community
Development Director, Zoning Administrator, or
any other department, committee, or agency of the
City to the extent such actions are brought within
the time period required by Government Code
Section 66499.37 or other applicable law; provided,
however, that The Developer's duty to so defend,
indemnify, and hold harmless shall be subject to the
City's promptly notifying The Developer of any said
claim, action, or proceeding and the City's full
cooperation in the defense of such actions or
proceedings.
74. Conditions of Approval. A copy of the Conditions PW
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 Parcel Map and 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.
75. Title Report. A current preliminary title report (not PW
more than 6 months old as of date of submittal)
together with copIes of all recorded deeds,
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.
76. Improvements within Existing Easements. The PW
Applicant/Developer shall obtam written
17 of 32
Prior to 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
Prior to approval
of Improvement
~tJb <6~
permISSIOn [rom the beneficiaries of all eXIstmg
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. The
Applicant/Developer shall not construct buildings,
walls or any other permanent structure over these
existing easements without written permission from
the beneficiaries. Said permISSIon shall be
forwarded to the City as evidence of the
Applicant/Developer's right to construct said
improvements.
a) 15' wide Access and Service Road Easement
dedicated to A.C.F.C.W.C.D.
b) 20' wide Drainage Facility Easement
dedicated to A.C.F.C.W.C.D.
c) 10' wide Sanitary Sewer Easement dedicated
to Qualified Investments
77. Improvement Agreement and Security. Pursuant PW
to ~7.16.620 of the Municipal Code, the Applicant
shall obtain a GradinglSitework 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.
78. Improvement and Grading Plans. All PW
improvement, drainage, utility and grading plans
submitted to the Public Works Department for
review/approval shall be prepared in accordance
with the approved CUP, these Conditions of
Approval, and the City of Dublin Municipal Code
including Chapter 7.16 (Grading Ordinance).
Design plans shall be prepared to engineering scale
of 1 '=40'. All printing and lettering shall be 1/8"
minimum height and such shape and weight as to be
readily legible on prints and microfilm
reproductions. When submitting plans for
review/approval, the Applicant/Developer shall also
fill-out and submit a City of Dublin Improvement
180f32
Plans
Prior to issuance
of
GradinglSitework
Permit
Prior to issuance
of
GradinglSitework
Permit
!.P "'2, a:o <8 Le
Plan Review Checklist (three 8-112" xlI" 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 8-112" x 11" pages). For on-
site improvements, the Applicant/Developer shall
adhere to the City's On-site Checklist (eight 8-112"
x 11 " pages). All of these reference documents are
available from the Public Works Department (call
telephone 925-833-6630 for more information).
The Grading Plan shall be in conformance with the
recommendations of the Geotechnical Report, the
approved SDR, and the City design standards &
ordinances. In' case of conflict between the soil
engineer's recommendations and City ordinances,
the City Engineer shall determine which shall
apply.
A detailed Erosion Control Plan shall be included
with the Grading Plan. The plan shall include
detailed design, location, and maintenance criteria
of all erosion and sedimentation control measures.
Detailed Engineer's Estimate of improvement costs
shall be submitted with the plans.
79. Submittal Requirements. A complete submittal of PW
improvement plans to Public Works Department
includes copies of the following:
a) 6 Improvement Plans (including site
grading, utility, erosion/sediment control,
joint trench, signing, striping, lighting, and
landscape/irrigation {prepared by landscape
architect}) prepared under the direction of a
Registered Civil Engineer
b) 3 Hydraulic and hydrology calculations
justifying the proposed drainage system
(stamped and signed by a Registered Civil
Engineer)
c) 3 Preliminary bond cost estimate (separate
estimates for on-site and off-site portions)
d) 1 Completed improvement plan reVIew
checklist signed by the engineer
e) 1 Title Report with all reference data
f) 1 copy of recorded document of all existing
ea80ments
g) 2 AnnJtated copies of final Conditions of
190f32
During plan
reVIew
{P3~~b
Approval
h) 2 sets of SWPPP plans and report if project
site is 5 acres or more
80. 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 8-112" 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.
81. 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 1st 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.
82. 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. All
20 of 32
PW
PW
PW
lD~~~
Prior to issuance
of
Grading/Sitework
Permit
Prior to issuance
of
Grading/Sitework
Permit and
during
construction
Prior to issuance
of
Grading/Sitework
Permit
storm drain inlets serving vehicle parking areas
shall be fitted with Filter Devices to remove
Hydrocarbons and other contaminants, and all storm
drain inlets shall be have drain markers "No
Dumping - Drains to Bay" installed using an
approved format available from the Alameda
Countywide Clean Water Program.
83. Storm Drain Improvements. Applicant/Developer
shall construct all required storm drain
improvements in accordance with a site-specific
hydrology/hydraulic 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.
84. 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.
85. Roof Drainage. Roof drainage shall drain across
bio-swales or into bio- filters prior to entering the
storm drain system, or the Applicant/Developer
may install a CDS unit III the street. 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 or structural
concerns. Concentrated flows will not be allowed
to drain across public sidewalks.
86. Parking Lot Lights. The Applicant/Developer
shall provide photometric calculation for the
parking lot lights and around the building that
demonstrates a minimum foot-candle lighting level
of not less than 1.0 at the ground surface for the
adjacent parking area; if this cannot be verified
provide additional lighting where necessary.
87. Disabled Parking. All disabled parking stalls shall
meet State Title 24 requirements, including
providing curb ramps at each loading zone. Curb
210f32
PW
PW
PW
PW
PW
tJ5i1h ~~
Prior to issuance
of
Grading/Sitework
Permit
Prior to issuance
of Occupancy
Permit(s)
Prior to approval
of Improvement
Plans
Prior to issuance
of
Grading/Sitework
Permit
Prior to issuance
of Occupancy
Permit(s)
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.
88. Disabled Access Ramps. The Applicant/Developer PW
shall install disabled access ramps, and where
necessary replace all existing handicapped ramps at
driveway intersections to meet current State Title 24
requirements. The Applicant/Developer shall
coordinate with the adjacent property owner as
necessary to install ramps.
89. Vehicle Parking. Applicant shall repaIr any PW
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 98.76.070 (A)
17 of the Dublin Municipal Code. All compact-
sized parking spaces shall have the word
"COMPACT" stenciled on the pavement within
each space. 12" -wide concrete step-out curbs shall
be constructed at each parking space where one or
both sides abuts a landscaped area or planter. Wheel
stops as necessary shall be provided at the parking
stalls.
90. Bicycle Racks. Bicycle racks shall be installed PW
near the entrances to the office and retail buildings
at a ratio of 1 rack per 40 vehicle parking spaces.
Bicycle racks shall be designed to accommodate a
minimum of four bicycles per rack, and so that each
bicycle can be secured to the rack. The location of
the bicycle racks shall not encroach into any
adjacent/adjoining sidewalks III a manner that
would reduce the unencumbered width of the
sidewalk to less than 4'. Bicycle racks shall be
placed in locations where they will have adequate
lighting and can be surveilled by the building
occupants.
91. Sidewalk. The Applicant/Developer shall install PW
new 10' wide sidewalk along the site frontage on
Amador Plaza Road. Pedestrian walkway
connecting the back door exits/entrances to the
public sidewalk shall also be installed. Per Section
1114B.1.2 of the California Building Code, an
accessible and direct route travel shall be provided
between the building and the public sidewalk on
Amador Plaza Road. The, Applicant/Developer
22 of 32
Prior to issuance
of Occupancy
Permit(s)
Prior to issuance
of Occupancy
Permit(s)
Prior to issuance
of Occupancy
Permit(s)
Prior to issuance
of Occupancy
Permit(s)
/.p lA~ ~~
shall conform with and coordinate this with the
walkway from the existing adjacent building.
92. Driveway. The Applicant/Developer shall upgrade
the existing driveway at Amador Valley Plaza to
conform to current City standard. The
Applicant/Developer shall coordinate with the
adjacent property owner as necessary to install the
driveway.
93. Pedestrian Crossing Signs and Striping. The
Applicant/Developer shall install crosswalks,
pedestrian crossing warning signs, and pedestrian
crossing pavement legends per City standards at the
proposed crosswalk locations.
94. Signs and Pavement Markings. The
Applicant/Developer shall be responsible for the
following on-site traffic SIgnS and pavement
markings:
a) Directional pavement arrows in the drive
aisles.
b) R26F "No Stopping - Fire Lane" signs shall
be posted on-site along all curbs that are
longer than 20' and that parallel the drive
aisles as required by the Fire Marshall.
c) RlOOB (disabled parking regulations sign)
shall be installed at each of the driveway
entrance to the site with amended text to
read ". . .may be reclaimed at DUBLIN
POLICE or by telephoning 833-6670".
d) Handicapped parking signs and legends per
State Title 24 requirements.
e) The word "Compact" (12" high letters) shall
be stenciled on the pavement surface within
each compact parking space.
f) "No Dumping - Drains to Bay" markers at
all storm drain inlets.
g) Any other signs and markings deemed
reasonably necessary by the City Engineer
and/or Public Works Director during final
design and/or construction
95. Relocation of Existing Improvements/Utilities.
Any necessary relocation of existing improvements
or utilities shall be accomplished at no expense to
the City.
96. Landscape and Irrigation Plans. The
Applicant/Developer shall submit Landscape and
Irrigation Plans for reVIew and approval by
Planning and Public Works Departments. These
plans shall be coordinated with on-site civil,
23 of 32
PW
PW
PW
PW
PW
Prior to issuance
of Occupancy
Permit(s)
Prior to issuance
of Occupancy
Permit(s)
Prior to issuance
of Occupancy
Permit(s)
Prior to issuance
of Occupancy
Permit
Prior to approval
of improvement
plans and
issuance of
Building Permit
if; ldf/~~
streetlights, and utility improvement plans. The
final plans shall be signed Community
Development Director and the City Engineer.
97. Landscaping at Intersections. Landscaping at PW
intersections shall be such that sight distance is not
obstructed for drivers. Except for trees, landscaping
shall not be higher than 30 inches above the curb in
these areas.
98. Tree Grates. The Applicant/Developer shall install PW
4'x8' size dark green Urban Accessories model
"Kiva" tree grates along the frontage on Amador
Plaza Road as per City of Dublin Streetscape
Master Plan adopted by the City Council on June 7,
2005 via Resolution No. 99-05.
99. Trash Enclosure/Garbage Area. The proposed 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. Concrete apron (10'xI2'
minimum) shall be installed outside the doors to
accommodate heavy garbage vehicles. All trash
bins used for this site shall be maintained within the
trash bin enclosure(s) at all times. Oil/sand
interceptor as required by DSRSD shall be installed.
An area drain shall be installed within the trash
enclosure with a connection to the sanitary sewer
system. In addition, a hose bib shall be provided for
convenient wash-down ofthe trash enclosure.
100. Refuse Collection. The Applicant! Developer shall PW
provide designated refuse collection areas for the
project, subject to approved 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.
The refuse collection service provider shall be
consulted to ensure that adequate space is provided
to accommodate collection and sorting of
putrescible solid waste as well as source-separated
recyclable materials generated by this project.
101. Fire Hydrants. The Applicant/Developer shall PW
construct all new fire hydrants in accordance with
the ACFD and City of Dublin requirements. Final
24 of 32
Prior to issuance
of Occupancy
Permit
Prior to issuance
of Occupancy
Permit
Prior to issuance
of Building
Permit
Prior to issuance
of Building
Permit
Prior to issuance
of Occupancy
Permit
0~OO~~
location of fire hydrants shall be approved by the
ACFD in accordance with current standards. Raised
blue reflectorized traffic markers shall be epoxied to
the center ofthe street opposite each hydrant.
102. Temporary Fencing. Temporary Construction PW
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 III advance by the City
Engineer/Public Works Director.
103. Construction Hours. Construction and grading PW
operations shall be limited to weekdays (Monday
through Friday) and non-City holidays between the
hours of 7:30 a.m. and 5:30 p.m. The
Applicant/Developer may request permission to
work on Saturdays and/or holidays between the
hours of 8:30 am and 5:00 pm by submitting a
request form to the City Engineer no later than 5:00
pm the prior Wednesday. Overtime inspection rates
will apply for all Saturday and/or holiday work.
104. Construction Noise Management Program! PW
Construction Impact Reduction Plan.
Applicant/Developer shall conform to the following
Construction Noise Management Program!
Construction Impact Reduction Plan. The
following measures shall be taken to reduce
construction impacts:
a) Off-site truck traffic shall be routed as
directly as practical to and from the freeway
(1-580) to the job site. Primary route shall be
from either 1-580 to Dougherty Road or 1-
680 to San Ramon Road. An Oversized
Load Permit shall be obtained from the City
prior to hauling of any oversized loads on
City streets.
b) The construction site shall be watered at
regular intervals during all grading activities.
The frequency of watering should increase if
wind speeds exceed 15 miles per hour.
Watering should include all excavated and
graded areas and material to be transported
off-site. Use recycled or other non-potable
water resources where feasible.
c) Construction equipment shall not be left
25 of 32
During
Construction
During
Construction
During
Construction
~qOh8~
tDDfJ8G:;
idling while not in use.
d) Construction equipment shall be fitted with
noise muffling devices.
e) Mud and dust carried onto street surfaces by
construction vehicles shall be cleaned-up on
a daily basis.
f) Excavation haul trucks shall use tarpaulins
or other effective covers.
g) Upon completion of construction, measures
shall be taken to reduce wind erOSIOn.
Replanting and repavmg should be
completed as soon as possible.
h) After grading is completed, fugitive dust on
exposed soil surfaces shall be controlled
usmg the following methods: following
methods:
1. Inactive portions of the construction
site shall be seeded and watered until
grass growth is evident.
2. of the construction site shall be seeded
and watered until grass growth IS
evident.
3. All portions of the site shall be
sufficiently watered to prevent dust.
4. On-site vehicle speed shall be limited
to 15 mph.
5. Use of petroleum-based palliatives
shall meet the road oil requirements of
the Air Quality District. Non-
petroleum based tackifiers may be
required by the City Engineer.
i) 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.
j) Construction interference with regional non-
project traffic shall be minimized by:
1. Scheduling receipt of construction
materials to nVil-peak travel periods.
2. Routing construcjon traffic through
26 of 32
I
areas of least impact sensitivity.
3. Routing construction traffic to
mInImIZe construction interference
with regional non-project traffic
movement.
4. Limiting lane closures and detours to
off-peak travel periods.
5. Providing ride-share incentives for
contractor and subcontractor personnel.
k) Emissions control of on-site equipment shall
be minimized through a routine mandatory
program oflow-emissions tune-ups.
105. Damage/Repairs. The Applicant/Developer shall
be responsible for the repair of any damaged
pavement, curb & gutter, sidewalk, or other public
street facility resulting from construction activities
associated with the development of the project.
106. Graffiti. The Applicant/Developer and/or building
tenant(s) shall keep the site clear of graffiti
vandalism on a regular and continuous basis.
Graffiti resistant paint for the structures and film for
windows or glass shall be used whenever possible.
107. Occupancy Permit Requirements. Prior to
issuance of an Occupancy Permit, the physical
condition of the project site shall meet minimum
health and safety standards including, but not
limited to the following:
a) The walkways providing access to the
building shall be complete, as determined by
the City Engineer, to allow for safe,
unobstructed pedestrian and vehicle access
to and from the site.
b) All traffic control devices providing access
to the site shall be in place and fully
functional.
c) All address numbers for streets providing
access to the buildings shall be in place and
visible.
d) Lighting for the site shall be adequate for
safety and security. Exterior lighting shall
be provided for building entrances/exits and
pedestrian walkways. Security lighting shall
be provided as required by Dublin Police.
e) All construction equipment, materials, or on-
going work shall be separated from the
public by use of fencing, barricades, caution
ribbon, or other means approved by the City
Engineer.
27 of 32
PW
PW
PW
Prior to issuance
of Occupancy
Permit
On-going
Prior to issuance
of Occupancy
Permit
I lOfJ 8~
f) All fire hydrants shall be operable and easily
accessible to City and ACFD personnel.
g) All site features designed to serve the
disabled (i.e. H/C parking stalls, accessible
walkways, signage) shall be installed and
fully functional.
108. 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 permits to the Public Works Department.
109. Fees. The Developer shall pay all applicable fees in PW
effect at the time of building permit Issuance
including, but not limited to, Planning fees,
Building fees, Dublin San Ramon Services District
fees, Public Facilities fees, Dublin Unified School
District School Impact fees, Public Works Traffic
Impact fees, Alameda County Fire Services fees;
Noise Mitigation fees, Inclusionary Housing In-
Lieu fees; Alameda County Flood and Water
Conservation District (Zone 7) Drainage and Water
Connection fees; and any other fees as noted in the
Development Agreement.
110. Geographic Information System. The PW
Applicant/Developer shall provide a digital
vectorized file ofthe "master" files on floppy or CD
of the Improvement Plans to the Public Works
Department and DSRSD. Digital raster copies are
not acceptable. The digital vectorized files shall be
in AutoCAD 14 or higher drawing format or ESRI
Shapefile format. Drawing units shall be decimal
with the precision of 0.00. All objects and entities
in layers shall be colored by layer and named in
English, although abbreviations are acceptable. All
submitted drawings shall use the Global Coordinate
System of USA, California, NAD 83 California
State Plane, Zone III, and U.S. foot. Said submittal
shall be acceptable to the City's GIS Coordinator.
111. 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 I
28 of 32
Various Times
and Prior to
issuance of
Building Permit
Prior to issuance
of Building
Permit
Prior to issuance
of Occupancy
Permit
Prior to issuance
of Occupancy
Permit
1200 gte
such improvements, shall comply with the
Prevailing Wage Law (Labor Code. Sects. 1720 and
following .
,3 g~
112. The Applicant shall comply with all applicable City
of Dublin Non Residential Security Ordinance
requirements.
113. Addressing and building numbers shall be visible
from the approaches to the building.
114. Employee exit doors shall be equipped with 180-
degree viewer if there is not a burglary resistant
window panel in the door from which to scan the
exterior.
115. Exterior lighting is required over all doors.
116. Security lighting shall be provided in parking lot
areas.
117. All entrances to the parking areas shall be posted
with appropriate signs per Sec. 22658(A) of the
California Vehicle Code and City of Dublin
Ordinance 55-87, Section 20 and listing the Dublin
Police Department Dispatch phone number (925)
462-1212, to assist in removing vehicles at the
property owner's/manager's request.
118. Lighting levels shall maintain a minimum level of
1.0 foot candle of lighting at ground level in
parking lot areas between sunset and sunrise.
119. Lighting fixtures shall be of a vandal resistant type.
120. Exterior landscaping shall be kept at a minimal
height and fullness giving patrol officers and the
general public surveillance capabilities of the area.
121. The Applicant shall keep the site clear of graffiti
vandalism on a regular and continuous basis at all
times. Graffiti resistant materials should be used.
122. Deleted.
123. The Applicant shall work with Dublin Police on an
on-gomg basis to establish an effective theft
prevention and security program.
124. Deleted.
125. The construction site shall be fenced and locked at
all times when workers are not present.
126. A temporary address sign is to be posted and shall
be of a sufficient size, a minimum of at least 36-
inches by 36-inches with white background and
stenciled black numbers and/or letters so that the
sign can be seen during night time house with
existing street lighting or additional lighting as
needed. The address sign is to be posted on all
approaches to the site. The addressing will aid any
emergency servIce response.
290f32
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127. The Applicant/Developer shall file a Dublin Police PO
Emergency Contact Business Card' prior to any
phase of construction that will provide 24-hour
phone contact numbers of persons responsible for
the construction site.
128. Good security practices shall be followed with PO
respect to storage of building materials and storage
of tools at the construction site.
Police
Police
129. 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 policies.
130. Sewers shall be designed to operate by gravity flow DSR
to DSRSD's existing sanitary sewer system.
Pumping of sewage is discouraged and may only be
allowed under extreme circumstances following a
case by case review with DSRSD staff. Any
pumping station will require specific review and
approval by DSRSD of preliminary design reports,
design criteria, and final plans and specifications.
The DSRSD reserves the right to require payment
of present worth 20 year maintenance costs as well
as other conditions within a separate agreement
with the applicant for any project that requires a
pumping station.
131. Domestic and fire protection waterline systems for DSR
Tracts or Commercial Developments shall be
designed to be looped or interconnected to avoid
dead end sections in accordance with requirements
of the DSRSD Standard Specifications and sound
engineering practice.
132. DSRSD policy requires public water and sewer DSR
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 replacement.
133. Prior to approval by the City of a grading permit or DSR
a site development permit, the locations and widths
of all proposed easement dedications for water and
sewer lines shall be submitted to and approved by
DSRSD.
DSRSD
DSRSD
DSRSD
DSRSD
DSRSD
30 of 32
134. All easement dedications for DSRSD facilities shall DSR
be by separate instrument irrevocably offered to
DSRSD or by offer of dedication on the Final Map.
135. Prior to approval by the City for Recordation, the DSR
Final Map shall be submitted to and approved by
DSRSD for easement locations, widths, and
restrictions.
136. Prior to issuance by the City of any Building Permit DSR
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.
137. Prior to issuance by the City of any Building Permit DSR
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 comprehensive
generalliability 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.
138. No sewer line or waterline construction shall be DSR
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.
139. The applicant shall hold DSRSD, it's Board of DSR
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 ofthe project.
140. A utility plan shall be submitted showing the DSR
locations of required backflow devices for domestic
service, meters and existing utilities including the
lO-inch sanitary sewer main on the south end of the
property.
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DS1 SD
DSRSD
DSRSD
DSRSD
DSRSD
DSRSD
DSRSD
310f32
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PASSED, APPROVED AND ADOPTED this 14th day of August 2007 by the following vote:
AYES:
Chair Schaub, Vice Chair Wehrenberg, Commissioners Biddle, and King
NOES:
ABSENT:
Commissioner Tomlinson
ABSTAIN:
Planning Commission Chair
ATTEST:
Planning Manager
G:\P A#\2007\07 -001 Custom Fireplace, Patio, BBQ\PC\PC Reso CUP _ SDR.doc
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