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HomeMy WebLinkAboutPC Reso07-41 Custom Fireplace, & Patio & BBQ CUP 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 APPHOXIMATELY 10,900 SQUARE FOOT ADDITION TO AN EXISTING 9,370 SQUARE FOO r 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 amendm;:nt to the Downtown Core Specific Plan to change the Retail/Automotive land use designation to Rctail/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 De'felopment (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 l.se designation for 1.94 acres ofland at 7099 Amador Plaza Road to Retail/Office to allow for the expamion of an existing building and the establishment of a retail commercial tenant, Custom Fireplace, Patio end BBQ; and WHEREAS, should the City Council approve the request br 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 of the Downtowl 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 circdation, new landscaping and fencing and a new trash enclosure and a new wall sign; and WHEREAS, an approval of the Conditional Use Permit ard Site Development Review is not effective until approval of the Downtown Core Specific Plan amcndment 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 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 environm~ntal 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; anj 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 re:;pects as required by law; and WHEREAS, the Planning Commission did hear and consid'~r 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 Sto"age 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 ar~ 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 [nd 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 healzh or safety of persons residing or working in the vicinity, or be detrimental to the public he,dth, safety and welfare in that: I) conditions of approval have been placed on the Project to en~;ure that the uses are confined to the areas designated on the Project plans and that all items being stored outdoors are appropriately 2 of 32 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 PlOject 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 wi:h the surrounding area. D. There are adequate provisions for public access, water, ,;anitation, 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 merchandse, 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 redevelopment of the Project. E. The subject site is physically suitable for the type, density ana 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 de 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 s;ecific intent clauses, development regulations, or performance standards established for the zO,ling district in which it is located in that: I) 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 displa~' 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 harmoniou; site and structural development compatible with the existing site layout and surroundings properties; 2) establishes a cohesive architectural and landscape theme that is internally consistent with the site's development and with surrounding properties; 3) complies with the development regulations set forth in the Downtown 3 of 32 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 :he expansion of an existing retail business in the downtown. B. Any approval complies with the policies of the General Plan, with any applicable Spec(fic Plans, with the development regulations or performance standards ?stablished 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:) is consistent with the development regulations and performance standards for the zoning distric in which it is located and all other requirements of the Zoning Ordinance in that the Proje;t 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 gweral 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, structwes, 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: I) 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 buildi 19 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: I) the Project site has historically been used for commercial purposes and is surrounded by compatible commercial uses; and 2) the Project complies ""ith the floor area ratio standards as adopted in the Downtown Core Specific Plan. F. 1mpacts to views are addressed in that: I) 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 cOITmercial buildings. G. Impacts to existing slopes and topographic features are addressed in that: the site is generally flat and no significant topographic features exist. 4 of32 H. Architectural considerations, including the character, scc.le 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 if' 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 vi~w 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 owr 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 tre public right of way; 3) the public sidewalk will be modified to a 10-foot width and tree grate~: 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 consist~nt 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 convert~d 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 fayade 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 ill 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 encbsure, 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 establishment of the use and shall be first subkct to Planning Division review and approval. The following codes represent those departments/agencies responsible for monitoring 5 of 32 compliance of the conditions of approval: rPLl Planning; fBl Building; rpOl Police; rpWl Public Works; [ADMl Administration/City Attorney: (FINl Finance: rpCS1 Parks and Community Services: rFl Dublin Fire Prevention; rDSRl Dublin San Ramon Services District: rLDD1 Livermore Dublin Disposal; rCOl Alameda Countv Department of Environmental Health: rZone 71 Alameda County Flood Control and Water Conservation District. Zone 7; rLA VT A1 Livermore Amador Valley Transit Authoritv; and rCHSl California Department of Health Services. NO. GENERAL CONDITIONS OF APPROVAL 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 When Required, Ag(.ncy Prior to: Source 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 P 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 P 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 P 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 P Temporary Use Permit IS required for all construction trailers, security trailers and storage containers used during construction. 8. Temporary Signage. All temporary signage shall P 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, P portable or sandwich board signs on-site or within the public right-of-way is prohibited. PLANNING - CONDITIONAL USE PERMIT 10. Annual Review. On an annual basis, the P 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. P 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 L On-going DMC 8.96.020.1 L During Planning Construction, Through Completion and On-going L During Planning Construction, Through Completion and On-going L Placement Planning On-site L On-going DMC 8.84 L On-going DMC 8.84 L On-going Planning L On-going DMC 8.100.080 Development Director III accordance with the Dublin Zoning Ordinance. 12. Null and Void. The Conditional Use Permit P approval shall become null and void in the event that the approved use(s) ceases to operate for a continuous one-year period, after the use commences. 13. Outdoor Storage. All items stored outside must be P 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 P 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 P 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 approved Temporary Use Permit. PLANNING - SITE DEVELOPMENT REVIEW 16. Permit Validity. The Site Development Review P 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 P 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 P 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. 8 of 32 L On-going L On-going L Issuance of Building Permits L On-going L On-going L Occupancy L Occupancy and On-going Planning Planning Planning Planning 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. SIGN/SITE DEVELOPMENT REVIEW 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 PL 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 Sign age. 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 shall be applied for and approved for all 9 of 32 Issuance of Building Permits On-going Prior to installation Prior to installation Prior to issuance of Building Permits for the Planning Planning 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. LANDSCAPING 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 mlllImUm 118" font III 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 healthv 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 appropriate to the proiect. 28. Special Paving. A color board of proposed paving colors and finishes shall be submitted for review 100f32 PL, PW PL PL PL SIgnS Issuance of Building Permits Planning, Public Works Occupancy Planning Approval of Final Landscape Plans Planning Approval of Final Landscape Plans Planning and approval by the Community Development Director. 29. Standard Plant Material, Irrigation and P Maintenance Agreement. The Applicant/ Developer shall complete and submit to the Planning Division the Standard Plant Material, Irrigation and Maintenance Agreement. 30. Water Efficient Landscaping Ordinance. The P Applicant/Developer shall submit written P' 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. 31. Salt Sensitive Plant Species. The final landscape P plans shall include plant species that are not salt sensitive. 32. Landscaping at Street and Drive Aisle P 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. 33. Landscape and Utilities. All utilities shall be P 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. 34. Landscaping of Walls (if any) and Trash P 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. 35. Lighting. The location of trees and light fixtures P shall be coordinated to the satisfaction of the City P' Engineer, Community Development Director and P 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. 36. Landscape Borders. A concrete curb that is at P least 6 inches high and 6 inches wide shall border P all landscaped areas. Any curbs adiacent to parking L Approval of Final Landscape Plans Planning Planning and Public Works L Approval of Final Planning Landscape Plans and On- oin L Approval of Final Planning Landscape Plans and On-going 11 of 32 L, N Approval of Final Landscape Plans L Approval of Final Landscape Plans L Approval of Final Landscape Plans and On-going L, lV, D Approval of Final Landscape Plans and On-going L, W Approval of Final Landscape Plans Planning Planning Planning, Public Works and Police Planning and Public Works 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. 37. Plant standards. All trees shall be 24" box P 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. 38. Installation of Landscaping and Parking Lot P Improvements. All landscaping and parking lot improvements shall be installed prior to occupancy of the buildings. 39. Light Fixtures. All lighting associated with the P project area shall be subject to staff review and approval. 40. Planter Pots. Planter pots shall be provided with P irrigation and be designed to drain to the storm drain. 41. Planting Spacing. Adequate space to plant trees P 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. 42. Planting and Utility Conflicts. All planting areas P containing trees shall be free of all utility structures P (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. 120f32 L Approval of Final Planning Landscape Plans L Occupancy Planning L Approval of Final Planning Landscape Plans L Approval of Final Planning Landscape Plans L Approval of Final Planning Landscape Plans and Through Completion L, Approval of Final Planning W Landscape Plans and Public Works 43. Landscaping. The Applicant/Developer shall P construct all landscaping within the site and along P 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 of the Director of Public Works. The Applicant/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 approved by the Director of Public Works. 44. Maintenance of Landscaping. All landscaping P materials within the public right-of-way shall be P 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 Development Director. BUILDING 45. Building Codes and Ordinances. All project I construction shall conform to all building codes and ordinances in effect at the time of building permit. 46. Building Permits. To apply for building permits, 1 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. 130f32 L, Approval of Final Planning W Landscape Plans and Public and Through Works Completion L, On-going Planning W and Public Works ~ Through Building Completion ~ Issuance of Building Building Permits 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 I 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 mmlmum. 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, I 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 I 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 mmor 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 3 Issuance of Building Building Permits 3 Occupancy Building 3 Frame Inspection Building 3 Occupancy Building 3 Occupancy of Building any affected 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 I 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 I fencing shall be installed along perimeter of all work under construction. 54. Green Building Guidelines. To the extent I 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 I 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 I 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 occupancv. 57. Disabled parking stalls. Disabled parking stalls I shall be placed as per the California Building Code. 58. Fire Sprinklers. The Project shall be provided I with a fire suppression system throughout the new and existing construction. 59. Restroom. The number of restroom fixtures shall I be determined by the requirements of the most current California Plumbing Code. 60. Finish Floor Certifications. A finish floor I 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 mInImUm of one foot above the Base Flood Elevation. FIRE 61. Sprinkler System. Automatic sprinklers shall be ]< provided throughout the building as required by the 15 of32 Occupancy Building Occupancy Building Issuance of Building Building Permits Frame Inspection Building 3 Occupancy 3 Through Completion 3 Through Completion 3 Through Completion 3 Issuance of Building Permits and Issuance of Final Occupancy 3 3 3 3 Building Building Building Building Building Occupancy Fire Dublin Fire Code. If the building has over 100 sprinklers the system shall be monitored by UL listed central station. 62. Deferred Submittal. Plans for the required 1 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. 63. Fire sprinkler plans shall include static and residual I p.s.i., GPM flowing and City main size with recent test flow data. 64. A warehouse is shown on the plans. High piled I storage shall comply with the CFC article 81. 65. A Knox Box is required at the entry to the building. I 66. Approved address numbers shall be placed on the I 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. 67. The fire flow for the site shall comply with I appendix III-A of the CFC. 68. The gate separating outdoor storage area from I outdoor display area shall have a minimum 20-foot clear width. CFC 902.2.4.1. 69. Fire apparatus roadways shall have a minimum I 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. I." CFC 1998, Section 1998. 70. The Project shall comply with the Uniform Building I and Fire Codes as adopted by the City of Dublin. PUBLIC WORKS 71. Clarifications and Changes to the Conditions. In P' 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 ~ Prior to Fire installation ; Fire ! Fire ! Fire ~ Fire Fire Fire Fire Fire IV Prior to approval of Improvement Plans 160f32 conditions without going to a public hearing in order for the Developer to fulfill needed improvements or mitigations resulting from impacts of this project. 72. Standard Public Works Conditions of Approval. P 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 P 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 III the defense of such actions or proceedings. 74. Conditions of Approval. A copy of the Conditions P 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 P' 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 P' Applicant/Developer shall obtain written 17 of 32 W Prior to approval of Improvement Plans W Through completion of Improvements and occupancy of the Buildings W With each submittal of Improvement Plans W Prior to approval of Improvement Plans W Prior to approval of Improvement permiSSIOn from the beneficiaries of all existing easements encumbering the site before constructing improvements within the easement areas if the proposed improvements are inconsistent with purpose for which the easement was created. 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 tight 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 to S 7 .16.620 of the Municipal Code, the Applicant shall obtain a Grading/Sitework Permit from the Public Works Department that governs the installation of required site improvements. As a condition of issuance of said permit, 1mprovement 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 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 1mprovement 18 of32 PW PW Plans Prior to issuance of Grading/Sitework Permit Prior to issuance of Grading/Sitework Permit Plan Review Checklist (three 8-1/2" x 11" pages). Said checklist includes necessary design criteria and other pertinent information to assure that plans are submitted III 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 1mprovement Plan General Notes (three 8-112" x 11" pages). For on- site improvements, the ApplicantlDeveloper shall adhere to the City's On-site Checklist (eight 8-1/2" x 1 I" 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 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) I Title Report with all reference data t) I copy of recorded document of all existing easements g) 2 Annotated copies of final Conditions of 190f32 PW During plan review Approval h) 2 sets of SWPPP plans and report if project site is 5 acres or more 80. GradinglSitework 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 1nstructions and attached application (three 8-1/2" x 11" pages) for more information. The Applicant/Developer must fill in and return the applicant information contained on pages 2 and 3. The current cost of the permit is $10.00 due at the time of permit issuance, although the Applicant/Developer will be responsible for any adopted increases to the fee amount. 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 1 st and April 15th or beyond these dates if dictated by rainy weather, or as otherwise directed by the City Engineer and/or Public Works Director. All grading, construction, and development activities within the City of Dublin must comply with the provisions of the Clean Water Act. Proper erosIOn control measures must be installed at development sites within the City during construction, and all activities shall adhere to Best Management Practices. 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 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 P W 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 PW 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 verilication and assurance that all treatment devices will be properly operated and maintained. 85. Roof Drainage. Roof drainage shall drain across P W bio-swales or into bio-filters prior to entering the storm drain system, or the Applicant/Developer may install a CDS unit 10 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 P W 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 PW meet State Title 24 requirements, including providing curb ramps at each loading zone. Curb 21 of 32 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 P W 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 "COMP ACT" 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 P W 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 in a manner that would reduce the unencumbered width of the sidewalk to less than 4'. Bicycle racks shall be placed in locations where they will have adequate lighting and can be surveilled by the building occupants. 91. Sidewalk. The Applicant/Developer shall install P W 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) shall conform with and coordinate this with the walkway from the existing adiacent building. 92. Driveway. The Applicant/Developer shall upgrade P W 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 PW 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 P W 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) RIOOB (disabled parking regulations sign) shall be installed at each of the driveway entrance to the site with amended text to read "...may be reclaimed at DUBLIN POLICE or by telephoning 833-6670". 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. PW Any necessary relocation of existing improvements or utilities shall be accomplished at no expense to the City. 96. Landscape and Irrigation Plans. The PW 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 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 streetlights, and utility improvement plans. The final plans shall be signed Community Development Director and the City Engineer. 97. Landscaping at Intersections. Landscaping at P 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 P 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 P 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 (l0'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 of the trash enclosure. 100. Refuse Collection. The Applicant/ Developer shall P 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 P construct all new fire hydrants in accordance with the ACFD and City of Dublin requirements. Final 240f32 W Prior to issuance of Occupancy Permit W Prior to issuance of Occupancy Permit W Prior to issuance of Building Permit W Prior to issuance of Building Permit W Prior to issuance of Occupancy Permit 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 of the street opposite each hydrant. 102. Temporary Fencing. Temporary Construction P 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 P 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! P 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 W During Construction W During Construction W During Construction idling while not in use. d) Construction equipment shall be fitted with noise muffling devices. e) Mud and dust carried onto street surfaces by construction vehicles shall be cleaned-up on a daily basis. f) Excavation haul trucks shall use tarpaulins or other effective covers. g) Upon completion of construction, measures shall be taken to reduce wind erosion. Replanting and repaving should be completed as soon as possible. h) After grading is completed, fugitive dust on exposed soil surfaces shall be controlled using the following methods: following methods: I. Inactive pOltions 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 non-peak travel periods. 2. Routing construction traffic through 26 of32 areas ofleast 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 lide-share incentives for contractor and subcontractor personnel. k) Emissions control of on-site equipment shall be minimized through a routine mandatory program of low-emissions tune-ups. 105. Damage/Repairs. The Applicant/Developer shall P be responsible for the repair of any damaged pavement, curb & gutter, sidewalk, or other public street facility resulting from construction activities associated with the development of the proiect. 106. Graffiti. The Applicant/Developer and/or building P 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 P 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 ill 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 W Prior to issuance of Occupancy Permit W On-going W Prior to issuance of Occupancy Permit 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. HIC 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 of the "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 highcr 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 colorcd 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 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 such improvements, shall comply with the Prevailing Wage Law (Labor Code. Sects. 1720 and following). POLICE 112. The Applicant shall comply with all applicable City P of Dublin Non Residential Security Ordinance requirements. 113. Addressing and building numbers shall be visible P from the approaches to the building. 114. Employee exit doors shall be equipped with 180- P 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. P 116. Security lighting shall be provided in parking lot P areas. 117. All entrances to the parking areas shall be posted P 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) 462-12 12, to assist in removing vehicles at the property owner's/manager's request. 118. Lighting levels shall maintain a minimum level of P 1.0 foot candle of lighting at ground level III parking lot areas between sunset and sunrise. 119. Lighting fixtures shall be of a vandal resistant type. P 120. Exterior landscaping shall be kept at a minimal P 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 P vandalism on a regular and continuous basis at all times. Graffiti resistant materials should be used. 122. Deleted. P 123. The Applicant shall work with Dublin Police on an P on-golllg basis to establish an effective theft prevention and security program. 124. Deleted. P 125. The construction site shall be fenced and locked at P all times when workers are not present. 126. A temporary address sign is to be posted and shall P 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. o Police o Police o Police o o Police Police o Police o Police o o Police Police o Police o o Police Police o o Police Police o Police 29 of 32 127. 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. DUBLIN SAN RAMON SERVICES DISTRICT (DSRSD) 129. Prior to issuance of any building permit, complete D~;R 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 D:;R 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 D:;R 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 D:;R 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 m;R 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. Police Police DSRSD DSRSD DSRSD DSRSD DSRSD 30 of 32 134. All easement dedications for DSRSD facilities shall m;R 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 m;R 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 m;R 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 m;R 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 general liability insurance policy in the amounts and forms that are acceptable to DSRSD. The applicant shall allow at least 15 working days for final improvement drawing review by DSRSD before signature by the District Engineer. 138. No sewer line or waterline construction shall be D~;R 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 D~;R Directors, commissions, employees, and agents of DSRSD harmless and indemnify and defend the same from any litigation, claims, or fines resulting from the construction and completion of the project. 140. A utility plan shall be submitted showing the D~;R locations of required backflow devices for domestic service, meters and existing utilities including the 10-inch sanitary sewer main on the south end of the property. DSRSD DSRSD DSRSD DSRSD DSRSD DSRSD DSRSD 31 of 32 PASSED, APPROVED AND ADOPTED this 14th day of August 2007 by the following vote: AYES: Chair Schaub, Vice Chair Wehrenberg, Commi~sioners Biddle, and King NOES: ABSENT: Commissioner Tomlinson ABSTAIN: ~/~~ Planning Commi:;sion Chair ATTEST: G:,P A#\2007\07-00 I Custom Fireplace, Patio, BBQIPClPC Resa CUP _ SDR.doc 32 of 32