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Home My WebLink About00-004 KinderCare06-13-2000 CITY OF DUBLIN PLANNING COMMISSION AGENDA ST A TEMENT/ST AFF REPORT FOR June 13,2000 PROJECT: ATTACHMENTS: BACKGROUND ATTACHMENTS: Noi Q.._"ti.l:lc.),.,,,j t" F' ., c'/~ RECOMMENDA nON: ITEM NO.U PUBLIC HEARING: P A 00-004 KinderCare PD Rezone, Conditional Use Permit and Site Development Review (Report prepared by: Dennis H. Carrington, Senior Planner ~ 1. Resolution recommending City Council adoption of a Planned Development (PD) Rezone and Stage I and Stage 2 Development Plan. 2. Draft ordinance adopting Planned Development Rezone and Stage 1 and Stage 2 Development Plan. 2-1. Stage I and 2 Development Plan 2-2. Project Plans 3. Resolution recommending City Council approval of the Conditional Use Permit and Site Development Review. 1. Ordinance 9-99 (4/20/99) adopting the Rite Aid/KinderCare Planned Development Rezone and Stage 1 and 2 Development Plan. City Council Resolution 138-99 (7/20/99) approving Conditional Use Permit to establish a Rite-Aid drive- through pharmacy and day care center and to exempt parking requirements for the day care center. City Council Resolution 139-99 (7/20/99) approving the Site Development Review for the Rite Aid Drug Store and the day care center. 2. 3. 1. 2. 3. 4. 5. Open public hearing and hear Staff presentation. Take testimony from the Applicant and the public. Question Staff, Applicant and the public. Close public hearing and deliberate. Adopt resolutions recommending City Council approval of the PD Rezone and Stage 1 and Stage 2 Development Plan, Conditional Use Permit and Site Development Review. ,COPIES TO: Applicant Owner Address File DESCRIPTION: KinderCare is proposing to construct a 9,824 square foot day care center with a maximum capacity of 180 children. The project, along with the Rite Aid drug store project was approved by City Council in April of 1999 and modified in July of 1999. However, KinderCare's zoning approval was contingent upon the Rite Aid project being built. Since the Rite Aid project was never built, KinderCare is required to re-apply for the PD Rezone, Conditional Use Permit and Site Development Review permits. The KinderCare structure, capacity and hours of operation are unchanged. In the absence of Rite Aid, the project is providing 40 parking spaces and is taking access from Amador Valley Boulevard. BACKGROUND: History/description. On December 21, 1998, KinderCare submitted a Specific Plan Amendment, PD Rezone and Conditional Use Permit/Site Development Review application, which became part of the Rite Aid application approved by City Council in April and July of 1999 (P A 98-038). The proposed project consists of constructing and operating a new KinderCare day care facility on the western portion of a large lot made up of four parcels of land which have been consolidated into one parcel. The site is located at the northwest comer of San Ramon Road and Amador Valley Boulevard.5 miles north ofInterstate 580 and .75 miles west ofInterstate 680 within Dublin's downtown area. The KinderCare site is 52,119 sq.ft. (Approx. 1.2 acres) and will have a main building of9,824 sq.ft. with play areas on the north, west and south sides of the building. The main entrance onto the site is from Amador Valley Boulevard and the main entrance into the building will be from the east side of the building. The site plan shows a total of 40 parking spaces. Prior approvals. On April 6, 1999, the City Council approved the Negative Declaration, Specific Plan Amendment and Conditional Use Permit for the KinderCare/Rite Aid project. That approval contained additional conditions of approval: 1) requiring the Department of Public Works to work with Kildara residents to determine the type of street signage that the applicants should pay for and install along Amador Valley Boulevard and Donlon Way for purposes of discouraging traffic from entering the Kildara community; and 2) requiring the applicants to contribute a total of $1 0,000 into an escrow account to be used by the Kildara Homeowners Association for purposes of mitigating any traffic impacts the project may cause within the Kildara Community. That approval authorized the waiver of a portion of the parking requirements for the KinderCare portion of the project. On April 20, 1999, the City Council amended the San Ramon Road Specific Plan and approved the Planned Development Rezone, Conditional Use Permit and Site Development Review for this project. 2 On July 20, 1999, the City Council reconsidered the drive up window along the west side of the Rite Aid store and adopted resolutions approving the Conditional Use Permit to establish a drive-through pharmacy and a Site Development Review. Site description. The KinderCare site is graded flat and planted to grass. It does not contain any endangered, threatened or rare species of plants or animals; nor does the site contain the following locally designated species: Bay, Cypress, Maple, Redwood and Sycamore, coastal or other natural habitat, including wetland habitat. The site does contain two mature trees with trunks that are approximately 12 inches in diameter. KinderCare Learning Centers. KinderCare Learning Centers, Inc. is the largest provider of for-profit early education and childcare services in the United States. KinderCare provides center-based preschool education and childcare services five days a week throughout the year for children between the ages of six weeks and twelve years. The proposed Dublin KinderCare will have a maximum capacity of 180 children but the expected enrollment is approximately 150 to 155 children. The hours of operation will be from 6: 15 a.m. to 6: 15 p.m. Noise. The playground area will not be occupied until 8:00 a.m. under normal conditions and only individual age groups will be allowed on the playground at any given time. The play facility will be set back approximately 60 feet from the nearest residential unit. Between that unit and the play facility, there will be a roadway, a parking aisle, a 3-foot wide landscape area, and an 8-foot high concrete block wall (as required by a Condition of Approval), which will help reduce noise impacts. KinderCare is also conditioned to control all project-related activities and noise in the parking lot, especially the playground, so as not to create a nuisance to the adjacent residential community. KinderCare commissioned Bunton and Associates to conduct a noise study to determine noise levels for a typical KinderCare Playground area. The study indicated that the decibel level was in a non- offensive range. An additional environmental noise impact assessment was prepared for this project by Illingworth and Rodkin, Inc. That study came to the conclusion that the City's goal for indoor and outdoor exposure on an annual average noise level basis would not be exceeded. General Plan, Specific Plan and zoning. The site is designated Retail/Office on the General Plan. A Day Care Center is consistent with this designation. The project is located within Area 3 of the San Ramon Road Specific Plan. A Day Care Center is considered to be a Community facility that is allowed by Area 3 pursuant to a Conditional Use Permit. The project property is zoned C-1 (Retail Commercial) which allows a Day Care Center pursuant to a Conditional Use Permit. The adjacent property to the north is zoned C-1 and consists of a restaurant (Dublin Fishery). The property to the east is designated C-1 and contains shopping centers. The property to the south (Strouds Plaza Shopping Center) is designated PD (Planned Development) with an underlying C-1 zoning district. The Kildara Condominiums adjoining the property to the west are designated PD-residential. 3 Required permits. The following chart outlines the permits required for this project: Required Permit Zoning Ordinance San Ramon Road Specific Plan Planned General Development Criterion 1 requires Development that a new development proposals in Area 3 Rezone shall be required to file a Planned Development zoning request Conditional Use A Conditional Use Permit is 1. Area 3 allows community facilities, such Permit required for a Day Care Center (15+ as a Day Care Center, pursuant to a children) in the C-1 zoning district Conditional Use Permit 2. General Development Criterion 7 allows the Planning Commission to waive up to 25% of the parking required by the Zoning Ordinance if evidence is presented that the land use will require a smaller number of parking spaces than required by the Parking Regulations based on the anticipated use of the land Site A Site Development Review is Development required for all new construction Review greater than 1000 gross square feet in the C-1 zoning district Compatibility with surrounding land uses. The proposed day care center will be compatible with the surrounding residential and commercial uses, especially the Montessori School (also an educational/day care facility) across the street within the Strouds shopping center. The day care center will be supportive of existing retail and residential uses in the area. KinderCare will provide day care and education services for adjacent residents and children of workers in the surrounding commercial areas. Planned DeveloDment Rezone Specific plan. According to the "General Development Criterion 1" of the San Ramon Road Specific Plan, all new development proposals within the Specific Plan area require a Planned Development Zoning approval. Underlying zone. A Planned Development (PD) Zoning District and Development Plan (Stage 1 and Stage 2) has been prepared for the project. Except as specifically modified by the provisions of the PD District Rezone and Development Plan, the use, development, improvement and maintenance ofthe project site are subject to the provisions of the C-1, (Retail Commercial) Zoning District of the Zoning Ordinance with regard to permitted/conditional uses, land use restrictions and minimum/maximum development criteria. 4 Compatibility with surrounding areas. Development under the Planned Development Zoning District and Development Plan will be compatible with existing and future development in the surrounding areas due to site design/layout, architecture design, setback, parking and landscaping requirements of the Planned Development Zoning District and related Site Development Review. Application of these requirements will result in commercial development that will be compatible with the surrounding retail commercial and medium-high density residential uses. Conditional Use Permit Day Care Center. The C-1 Zoning District and the San Ramon Road Specific Plan both require approval of a Conditional Permit for a Day Care Center. As stated above, the Day Care center will be compatible with the surrounding areas when conditions of approval are met. This use will be more compatible with the adjacent Kildara community than most retail uses allowed by the C-1 Zoning District would be. Parking exemption. KinderCare is requesting an exemption from the parking requirements of the Zoning Ordinance for day care centers as permitted by the San Ramon Road Specific Plan. The San Ramon Road Specific Plan allows up to 25% of the required parking spaces to be waived based on evidence presented demonstrating that the particular use of land will require a smaller number of spaces based on the anticipated use of the land. Sufficient evidence must be presented demonstrating the unique or changed circumstances substantiating the waiving of required parking spaces. The Zoning Ordinance requires fifty-three (53) parking spaces for the KinderCare project, which based on the TJKM Transportation Consultants traffic study, dated January 25, 1999, is excessive. Twenty (20) parking spaces are adequate for the KinderCare project based on TJKM's research completed for two other KinderCare facilities in the Tri- Valley, in particular, the Pleasanton facility which has the same children capacity of 180 and the same number of staff persons as the proposed Dublin facility (17). The greatest demand for parking at these other facilities was at 5:05 p.m. when all nineteen (19) stalls were occupied. The proposed KinderCare facility will be required to provide a minimum of twenty (20) parking spaces. The KinderCare site plan currently provides 40 parking spaces. The provision of 40 spaces is a 25% reduction from the required 53 parking spaces. This number of spaces will be more than adequate for this project. Site Development Review Specific Plan and Zoning Ordinance requirements. The "General Development Criteria" of the San Ramon Road Specific Plan address the compatibility of uses and require that special attention be placed on insuring compatibility of uses proposed in any new development with existing residential or other commercial development located within or adjacent to the Specific Plan area. The following factors are taken into consideration for determining compatibility of uses: height of proposed structures, design, landscaping, setbacks and walls and fences. Similar criteria are required by the Zoning Ordinance for a Site Development Review. 5 Design. The main architectural theme of the KinderCare building is California Spanish architecture. This architecture is compatible with and compliments the architecture styles of the surrounding commercial development - Strouds Plaza and the Kildara residential community. The day care center will be housed in an attractive single-story building. The colors will be in a light creme major color with tan accent trim, yellow and gray accent tile and light brown wood fascia. The roof will be in terra cotta Spanish tiles. The single-story structure is 20 feet high in a district that allows structures up to 35 feet high. The facility will be fenced with a 6-foot high wrought iron fence on the south and north. An 8-foot soundwall will be provided on the western property line as a visual and noise buffer. Landscaping Visual screen. Attractive landscaping will provide visual screening from surrounding uses. The play area on the west-side of the school structure will be planted with seven trees to provide a visual buffer from the residences. The eastern elevation will be planted with seven trees and shrubs. The south elevation facing Amador Valley Boulevard will be planted with two trees. Two oak trees with diameters of 12 inches will be removed. Street trees/Final Landscape and Irrigation Plan. The Applicant will be required to install street trees in compliance with the Public Works Department standards and is also required to submit a Final Landscape and Irrigation Plan with their building plans which must include detailed information about all proposed landscaping and documentation for compliance with the City's Water Efficient Landscaping Regulations. On-and Off-Site Circulation Circulation pattern. Access for the project will be via Amador Valley Boulevard and internal circulation on the property serving the Dublin Fishery and the Sleep Shop. It is anticipated that the internal circulation pattern will coordinate with any development of the comer parcel. Street improvements along the Amador Valley Boulevard frontage will meet the requirements of the Department of Public Works. Street improvements. The Developer/Applicant will widen the north side of the Amador Valley Boulevard to create a curb to curb width of 3 6 feet. This will provide two 12 foot wide travel lanes and two 6 foot wide bike lanes. A 5 foot wide public sidewalk will be constructed on the north side to match the existing sidewalk on the south side. The roadway widening is only required across the frontage of the KinderCare site; widening for the frontage of the adjacent vacant parcel immediately to the east will be required when that parcel develops. The applicant will be required to follow City, County and State design standards regarding roadway and access design. The applicant will also be required to comply with City and Fire department standards regarding access for emergency services. Traffic through the Kildara development. The residents of the adjacent Kildara development are concerned about traffic driving though their development as a short cut to Donlon Way and about congestion on Amador Valley Boulevard west of San Ramon Road. The street 6 improvements required for this project and for any future development on the comer lot should address congestion on Amador Valley Boulevard. When it approved the Rite Aid/KinderCare the City Council required that right-of-way signage be installed along Amador Valley Boulevard and Donlon Way for purposes of discouraging traffic from entering the Ki1dara community as a short cut between Dublin Boulevard and San Ramon Road. The City Council also directed that KinderCare contribute a maximum of$5,000 to be deposited into an escrow account to be used by the Kildara Homeowners Association for purposes of addressing any traffic impacts the project may cause within the Kildara community. These requirements are included as conditions of approval for the current project. Traffic improvement funds. The project proponents will be voluntarily contributing traffic improvement funds in the amount of$ 116,928 as part of their project. These funds will be used to address the traffic impacts of the proposed project on surrounding roadways through the provision of street improvements. Alternative transportation. This project is not in conflict with adopted policies supporting alternative transportation. A public pedestrianlbike trail is located east of the project site, between the project site and street curb along San Ramon Road. Bicycle and pedestrian, including handicap, access is adequate to both project sites. A bike rack is required as a standard condition of approval (see Exhibit D resolution). In addition, the project proponents will be required to install a bus turn-out along the project frontage, including a concrete pad, passenger bus shelter and trash receptacle. Calaveras Fault Geologic hazards. The Guiding Policy of the Seismic Safety Element of the Dublin General Plan indicates that geologic hazards shall be mitigated or development shall be located away from geologic hazards in order to preserve life, protect property, and reasonably limit the financial risks to the City of Dublin and other public agencies that would result from damage to poorly located public facilities. All structures shall be designed to the standards delineated in the Uniform Building Code and the Dublin Grading Ordinance. Structures intended for human occupancy must be at least 50 feet from any active fault trace; freestanding garages and storage structures may be as close as 25 feet. These distances may be reduced based on adequate exploration to accurately locate the fault trace. Generally, facilities should not be built astride potential rupture zones, although certain low-risk facilities may be considered. Alquist Priolo Special Study Zone. The project site is located within the Alquist Priolo Special Study Zone that runs along San Ramon Road. The Calaveras Fault, an active fault, was mapped at the project site. The fault zone at the project site is 1,000 feet wide and the main trace of the Calaveras Fault may lie beneath San Ramon Road. Geologic and soils report. In order to mitigate any potential geologic impacts of the project to a less than significant level, the City will apply conditions of project approval requiring that a comprehensive geologic and soils report be prepared by a licensed geologist identifying any geologic or soil hazard zones, appropriate mitigation measures and other recommendations, prior 7 to issuance of building permits for the project. The report shall be completed to the satisfaction of Public Works Director to assure that a reasonable safety factor is provided. The Applicant shall also be required to conduct subsurface soil condition testing and to design the proposed structures according to the Uniform Building Code, and to have a structural engineer check seismic design parameters. Signage The Applicant is proposing a 4 foot by 4 foot KinderCare corporate logo above the front door. No other signage is proposed at this time. ENVIRONMENTAL REVIEW/PUBLlC COMMENTS: Negative Declaration. A Negative Declaration has been prepared for the project pursuant to the California Enviroumental Quality Act (CEQA), State CEQA Guidelines and the City of Dublin Environmental Guidelines. The 20-day public review period began February 12, 1999 and ended March 3, 1999. A Negative Declaration was prepared because the project will not have a significant effect on the environment. The City Council approved the Negative Declaration for the Rite Aid/KinderCare project (PA 98-038) on April 6, 1999. The KinderCare project is addressed by the approved Negative Declaration for the Rite Aid/KinderCare project because the KinderCare portion of the project is essentially unchanged. No new impacts of the project have been identified that were not addressed by the Negative Declaration for the Rite Aid/KinderCare project. Comment letters. Two letters were received on the Negative Declaration; both letters were from Kildara homeowners. As one major concern, 60 Kildara property owners feel that the project will exacerbate the existing drive-through traffic problem within the Kildara community. Property owners have stated that currently, individuals wanting to avoid the traffic congestion on San Ramon Road and Dublin Boulevard, use Kildara's private roads as a thoroughfare to access the western area of Dublin. Apparently there are vehicles currently using the Ki1dara development as a short-cut to get to Donlan Way, then to Dublin Boulevard heading west. Property owners feel that the proposed project would increase traffic through Kildara resulting in noise, safety, pollution and increased maintenance cost concerns. Signage will be prepared discouraging through traffic. The Applicant has agreed to voluntarily provide an amount of $5,000 to be used to be used by the Kildara Homeowners association to address traffic impacts of this project in the Kildara community. Other major concerns. Other major concerns addressed in the letters included potential noise impacts from the day care playground; potential traffic congestion at the Amador Valley Boulevard and San Ramon Road intersection with traffic turning left on Amador Valley Boulevard to access the project and with traffic exiting the project backing up on Amador Valley Boulevard; and potential on-site traffic congestion of vehicles utilizing the drive-through pharmacy. This project no longer contains a pharmacy or a drive through lane. Traffic impacts will be addressed by the voluntary contribution of$116,928 to address the traffic impacts of this 8 project. Noise impacts will be addressed by the requirement that the height of the wall between the Day Care Center and Ki1dara be increased to 8 feet. CONCLUSION: All potential impacts associated with the project have been, or will be addressed, either through the re-design/reconfiguration of the project, and/or through conditions of project approval. The project, as conditioned, including the Planned Development Rezone and Stage 1 and Stage 2 Development Plan complies with the City's General Plan, Zoning Ordinance, and the San Ramon Road Specific Plan. The project is compatible with surrounding land uses (i.e. retail commercial and residential), and with transportation and service facilities in the vicinity. Staff recommends that the Planning Commission take testimony from the Applicant and the public; question Staff, Applicant and the public; close the public hearing and deliberate; and Adopt resolutions recommending City Council approval of the PD Rezone and Stage 1 and Stage 2 Development Plan, Conditional Use Permit and Site Development Review Attachments: 1. Resolution recommending City Council adoption of a Planned Development Rezone and Stage 1 and Stage 2 Development Plan 2. Resolution approving the Conditional Use Permit and Site Development Review 3. Draft ordinance adopting Planned Development Rezone and Stage 1 and Stage 2 Development Plan BACKGROUND ATTACHMENTS: 1. Ordinance 9-99 (4/20/99) adopting the Rite Aid/KinderCare Planned Development Rezone and Stage1 and 2 Development Plan. 2. City Council Resolution 138-99 (7/20/99) approving Conditional Use Permit to establish a Rite-Aid drive-through pharmacy and day care center and to exempt parking requirements for the day care center. 3. City Council Resolution 139-99 (7/20/99) approving the Site Development Review for the Rite Aid Drug Store and the day care center. 9 GENERAL PROJECT INFORMATION: APPLICANT: Michael Majors, II, 1401 Halyard Dr., #140, West Sacramento, CA 95691 OWNER: John Nichandros, True Value, 19640 Center Street, Castro Valley, CA 94546 LOCATION: 7360 San Ramon Road ASSESSOR PARCELS: 941-40-3-2; 941-40-2-3; 941-40-2-10; 941-40-2-7 GENERAL PLAN DESIGNATION: Retail/Office EXISTING ZONING AND LAND USE: C-1, Retail Commercial Zoning District; 3 parcels currently vacant, 1 parcel contains a retail store SURROUNDING GENERAL PLAN, ZONING, AND LAND USE: General Plan/Soecific Plan Retail/Office Medium High Density Residential Area 3 of the San Ramon Road Specific Plan and Downtown Specific Plan Zoninl! C-1, Retail Commercial Zoning District PD District (commercial) PD District (residential) Land Use Retail commercial (shopping center; restaurant) Residential (townhomes) G:\paOO-004\pc staff report 10 RESOLUTION NO. OO-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL APPROVE A PLANNED DEVELOPMENT (PD) REZONE / DEVELOPMENT PLAN FOR P A 00-004 KINDERCARE LOCA TED AT 7360 SAN RAMON ROAD <APNs 941-40-3-2; 941-40-2-3 and 941-40-2-7) WHEREAS, the Applicant Michael Majors II on behalf of KinderCare Learning Centers, has requested approval of a Planned Development (PD) District Rezone, a Conditional Use Permit and Site Development Review to construct a 9,824 square foot day care center, waive a portion of the parking requirements and voluntarily contribute traffic improvement funds in the amount of $116,928, at 7360 San Ramon Road, within the San Ramon Road Specific Plan and the C-1, Retail Commercial Zoning District; and WHEREAS, according to the "General Development Criteria" section of the San Ramon Road Specific Plan, all new development proposals within the Specific Plan area shall require a Planned Development Zoning; and WHEREAS, Applicant/Developer has submitted a complete application for a Planned Development Rezone, including a Development Plan, (Stage I and 2, Attachment 2-1) as required by Section 8.32 of the Zoning Ordinance which meets the requirements of said section, which is available and on file in the Planning Department; and WHEREAS, the project has been reviewed in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the City of Dublin Enviroumenta1 Guidelines and a Negative Declaration has been prepared for this project and is on file with the Dublin Planning Department. The project, as proposed, will not have a significant effect on the environment; and WHEREAS, on April 6, 1999, the City Council did adopt a Negative Declaration for PA 98-038, Rite Aid/KinderCare which addresses the environmental impacts of the P A 00-004 KinderCare project; and WHEREAS, the Planning Commission held a public hearing on said application on June 13; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted to the Planning Commission recommending approval ofthe project; and WHEREAS, the Planning Commission did hear and use their independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. ATTACHMENT 1 NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the Dublin Planning Commission does hereby make the following findings and determinations regarding said proposed Planned Development Rezone: I. The Planned Development Zoning District and Development Plan (Stage 1 and 2) meet the purpose and intent of Chapter 8.32 of the Zoning Ordinance because they will provide a day care use that is appropriate for the site, which is located within Area 3 of the San Ramon Road Specific Plan which allows Day Care Centers with a Conditional Use Permit, and which is located near adjacent retail and medium to high density residential land uses. The comprehensive Development Plan will be sensitive to surrounding uses by virtue of site layout and design of the architecture and site plan; and 2. Development under the Planned Development Zoning District and Development Plan (Stage 1 and 2) would be harmonious and compatible with existing and future development in the surrounding areas due to site design/layout, architecture design, setback, parking and landscaping requirements of the Planned Development Zoning District, which are adequate and have been specially designed to fit into the existing neighborhood. The Day Care Center use is supportive of surrounding retail and residential uses through the provision of day care and education services for adjacent residents and children of workers in the surrounding commercial areas, and supportive of similar surrounding retail commercial uses; and 3. The Planned Development (PD) Rezone is consistent with the general provisions, intent, and purpose of the PD Zoning District of the Zoning Ordinance in that it contains all information required by Section 8.32 of the Zoning Ordinance for a Stage 1 and Stage 2 Development Plan and accomplishes the objectives of Section 8.32.010, A through H, of the Zoning Ordinance; and 4. The subject site is physically suitable for the type and intensity of the zoning district being proposed because it is located on relatively flat land within a developed downtown area adjacent to existing retail commercial uses and medium to high density residential uses, was previously developed, and because it is located adjacent to roadways which are designed to carry traffic that would be generated by the proposed types of uses; and 5. The Planned Development Rezone will not have a substantial adverse effect on health or safety or be substantially detrimental to the public welfare or be injurious to property or public improvement as all applicable laws and regulations will be satisfied; and 6. The Planned Development Rezone will not overburden public services as all agencies must commit to the availability of public services prior to the issuance of building permits as required by City laws and regulations; and 7. The Planned Development Rezone and accompanying Conditional Use Permit and Site Development Review, will create an attractive, efficient, and safe environment; and 8. The Planned Development Rezone will benefit the public necessity, convenience, and general welfare; and 2 9. The Planned Development Rezone and accompanying Site Development Review and Conditional Use Permit will be compatible with and enhance the general development of the area; and 10. The proposed amendment is consistent with the Retail/Office designation of the Dublin General Plan and the proposed use types are permitted by said designation. BE IT FURTHER RESOL VED THAT the Dublin Planning Commission does hereby recommend that the City Council approve a Planned Development Zoning District and Development Plan for P A 00-004 KinderCare, (Attachment 2-1, attached to this resolution), which constitute regulations for the use, improvement, and maintenance ofthe property. Except as specifically identified otherwise in the approved Development Plan, development and operation of land use activities within this Rezone shall be subject to the current City of Dublin Zoning Code and to the approval of the related San Ramon Road Specific Plan Amendment, Conditional Use Permit and Site Development Review. PASSED, APPROVED AND ADOPTED this 13th day of June, 2000. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Community Development Director g:\OO-004\PD Reso - PC 3 ORDINANCE NO. xx-OO ********* AN ORDINANCE OF THE CITY OF DUBLIN AMENDING THE ZONING ORDINANCE TO ADOPT THE PLANNED DEVELOPMENT (PD) REZONE / DEVELOPMENT PLAN FOR PA 00-004 K1NDERCARE LOCATED AT 7360 SAN RAMON ROAD (APNs 941-40-3-2; 941-40-2-3 and 941-40-2-7) WHEREAS, the Applicant Michael Majors II on behalf of KinderCare Learning Centers, has requested approval of a Planned Development (PD) District Rezone, a Conditional Use Permit and Site Development Review to construct a 9,824 square foot day care center, waive a portion of the parking requirements and voluntarily contribute traffic improvement funds in the amount of$ll6,928, at 7360 San Ramon Road, within the San Ramon Road Specific Plan and the C-l, Retail Commercial Zoning District; and WHEREAS, according to the "General Development Criteria" section of the San Ramon Road Specific Plan, all new development proposals within the Specific Plan area shall require a Planned Development Zoning; and WHEREAS, Applicant/Developer has submitted a complete application for a Planned Development Rezone, including a Development Plan, (Stage I and 2, Exhibit 3A) as required by Section 8.32 of the Zoning Ordinance which meets the requirements of said section, which is available and on file in the Planning Department; and WHEREAS, the project has been reviewed in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the City of Dublin Environmental Guidelines and a Negative Declaration has been prepared for this project and is on file with the Dublin Planning Department. The project, as proposed, will not have a significant effect on the environment; and WHEREAS, on April 6, 1999, the City Council did adopt a Negative Declaration for PA 98-038, Rite Aid/KinderCare which addresses the environmental impacts ofthe P A 00-004 KinderCare project; and WHEREAS, the Planning Commission did hold a public hearing on the PD District Rezone and Development Plan on June 13,2000, and did adopt Resolutions recommending that the City Council approve the PD Rezone and Conditional Use Permit/Site Development Review, respectively; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, properly noticed public hearings were held by the City Council on July 5, 2000 and July 18, 2000; and WHEREAS, a Staff Report was submitted to the City Council recommending that the City Council approve the application; and WHEREAS, the City Council did hear and use their independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. WHEREAS, pursuant to Sections 8.32.070 and 8.120.050 of the Dublin Municipal Code, the City Council makes the following findings: I. The Planned Development Zoning District and Development Plan (Stage I and 2) meet the purpose and intent of Chapter 8.32 of the Zoning Ordinance because they will provide a day care use that is appropriate for the site, which is located within Area 3 of the San Ramon Road Specific Plan which allows Day ATTACHMENT 2 Care Centers with a Conditional Use Permit, and which is located near adjacent retail and medium to high density residential land uses. The comprehensive Development Plan will be sensitive to surrounding uses by virtue of site layout and design of the architecture and site plan; and 2. Development under the Planned Development Zoning District and Development Plan (Stage] and 2) would be harmonious and compatible with existing and future development in the surrounding areas due to site design/layout, architecture design, setback, parking and landscaping requirements ofthe Planned Development Zoning District, which are adequate and have been specially designed to fit into the existing neighborhood. The Day Care Center use is supportive of surrounding retail and residential uses through the provision of day care and education services for adjacent residents and children of workers in the surrounding commercial areas, and supportive of similar surrounding retail commercial uses; and 3. The Planned Development (PO) Rezone is consistent with the general provisions, intent, and purpose of the PO Zoning District of the Zoning Ordinance in that it contains all information required by Section 8.32 of the Zoning Ordinance for a Stage I and Stage 2 Development Plan and accomplishes the objectives of Section 8.32.010, A through H, of the Zoning Ordinance; and 4. The subject site is physically suitable for the type and intensity of the zoning district being proposed because it is located on relatively flat land within a developed downtown area adjacent to existing retail commercial uses and medium to high density residential uses, was previously developed, and because it is located adjacent to roadways which are designed to carry traffic that would be generated by the proposed types of uses; and 5. The Planned Development Rezone will not have a substantial adverse effect on health or safety or be substantially detrimental to the public welfare or be injurious to property or public improvement as all applicable laws and regulations will be satisfied; and 6. The Planned Development Rezone will not overburden public services as all agencies must commit to the availability of public services prior to the issuance of building permits as required by City laws and regulations; and 7. The Planned Development Rezone and accompanying Conditional Use Permit and Site Development Review, will create an attractive, efficient, and safe environment; and 8. welfare; and The Planned Development Rezone will benefit the public necessity, convenience, and general 9. The Planned Development Rezone and accompanying Site Development Review and Conditional Use Permit will be compatible with and enhance the general development of the area; and 10. The proposed amendment is consistent with the Retail/Office designation of the Dublin General Plan and the proposed use types are permitted by said designation. NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows: SECTION 1. Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code the City of Dublin Zoning Map is amended to rezone the following property ("Property") to a Planned Development Zoning District: 2 Approximately 1.2 acres at 7360 San Ramon Road (APNs 941-40-2-3; 941-40-2-7; 941-40-3-2) located at the northwest corner of San Ramon Road and Amador Valley Boulevard. A map of the Property is outlined below: ., ~.~.. .....rff.-';I. " 1/ / / .~"'''. I.",.. I-I; /1/' / "I ! I /';!' /i i '/',} .' .I' II.!--",.':".. ; I, / I,:, It, ,,'( /,. ;'. ,',,' :/._',. :~( //l",,~,.'-.:" I /, I;: I' I /11 \d;;: //1 , 11/1/1,/\',,/ ,/(j-r7,';"'1/tl, ! I" ., ~ I I I, I ( I I I I ,/ r [f , / I I I I j'V,', ,/1/;11/, I, ,-/1'111; ,.////1'/:,'/ 1/ / I/,,/ / '; '/// I II / I,', / / "~I II I (1/ / 1,'1/:/1''/// I 'I J jll/ f 1/1/,::, 1/ "~'I 1,'/ II II J ~ I,', ,", / I 11.'t/I~// It, II,' / ",/')," /""-:,:/ '1'\, I r~c:.tEr-T\ ' / I;/~/'i ./':'" ";1 ,/ , If,/I,Jlr,,' fl,'.- /......... .,,/1,.11, II ." /.. I I :!,.'. ."~.' '~"'_ ,I" . ,-, .'," I!i,' 1.//',/1:.,/,,': .',''f'/''/7/)''II';'//'II/: ,1"1,,..!;ir:-!, "/ l,I/': i..'...'." i! ,/,..'.' }1j' I ,/, } /'//'/ i Ii " .'.-, ',,", ' ,"');.;' .' J I/" i"".".' I,' . 1/ I.,::/....l../...'.f-:-.;'X ..' ""1"",(.1\1.//_",/.'.',:/ o. 1 .~/I:/,' /....{i.,.(/i,./l/_,,//_.)/ '7 : :::'. ':' ::'. : ",;':"~:- -'\\\~"/!;,./'/i'!'~.i' . .,0 ,"~,,^ '~.'I/'I"".:/->.I o : ' 0 : .: I' {... '/..'- i l , 'I \._ :'... '.-: ^/, iI, I l /,'! ,. i,: / , 0' ,\.'. , ,\' ,'/ / . . i '.,.I! .: 1i 'j .. ','// /,';,' 'I .': ::::..,:,~::\::, ,:.- r'" .'~.,.,,'....7L-~..: -lL}, . 1-,:>',,/'. ,', ,PD, ',..\', /\---" 'I /,' .i/,Ii/:'/'.... i/,',7 , '. ' : ,~':'. " ~ .: I \ .' , "1 ..... : :PA63.':''04Z:'':' .', ,\ , '. . . .,'..:, .~, : 'j i.\ . , './'\ 1/', Ii ~. .:...- , . l;:V,'" , , x~ ../'T\ ~'.\\ ,,'. '.If/,/ ,ii.' . \~ " :[ " ,Y ,I' !, ."-." ti ____I ~ ,\ . i ') 1 r ,. , , '\ " ',"'-.-//-' \ - .....:.. ....," ,;1 -ii', i ( .:/;' SECTION 2. The regulations of the use, development, improvement, and maintenance of the Property are set forth in the Stage 1 and Stage 2 Development Plan (Attachment 2-1 hereto) which is hereby approved. 3 SECTION 3. This ordinance shall become effective 30 days following its 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 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this 18th day of July, 2000. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk g:\paOO-004\PD Ordinance - CC 4 KINDERCARE STAGE 1 AND STAGE 2 DEVELOPMENT PLAN This is a Development Plan pursuant to Chapter 8.32 of the Dublin Zoning Ordinance for P A 00-004 KinderCare project, located on the northwest corner of Amador Valley Boulevard and San Ramon Road, at 7360 San Ramon Road adjacent the Kildara residential development (APNs 941-40-3-2; 941-40-2-3 and 941-40-2-7). This Development Plan meets all the requirements for Stage 1 and Stage 2 review of the project (Zoning Ordinance Sections 8.32.040. A and B). This Development Plan consists of a Stage 1 and Stage 2 Development Plan and includes the Project Plans, dated received March 24, and June 9, 2000, labeled Attachment 2-2 to the Ordinance approving this Development Plan (City Council Ordinance No. xx - 00), and on file with the Planning Department. The Planned Development District allows the flexibility needed to encourage innovative development while ensuring that the goals, policies, and action programs of the General Plan, San Ramon Road Specific Plan, and provisions of Section 8.32 of the Zoning Ordinance are satisfied. The Stage 1 and Stage 2 Development Plan meets the requirements of Sections 8.32.040.A and B and consists of the following: 1. Statement of Proposed Uses 2. Stage 1 and Stage 2 Site Plan 3. Site Area/Densities 4. Phasing Plan 5. Preliminary Landscaping Plan 6. General Plan and Specific Plan consistency 7. Inclusionary Zoning Ordinance 8. Development Standards 9. Architectural Standards 10. Dublin Zoning Ordinance - Applicable Requirements 11. Public Facilities Fee 12. Compliance with Related Planning Approvals STAGE 1 AND STAGE 2 DEVELOPMENT PLAN 1. Statement of proposed uses: Permitted Uses Day Care Center Conditional Uses All other Permitted and Conditional uses as established by the San Ramon Road Specific Plan. ATTACHMENT 2-1 2. Stage 1 and Stage 2 Development Plan: Project Plans (Attachment 2-2 to the Ordinance) 3. Site Area/Densities: The maximum square footage of the proposed KinderCare development for the parcels covered under this Development Plan (as shown on the site plan contained in Attachment 2-2, Development Plan), are as follows: KinderCare: :t1.2 acres 9,824 square foot building 4. Phasing Plan: The project shall be constructed in one phase of development. If the Developer/Applicant decides to construct the project in phases, a phasing plan shall be submitted for the review and approval of the Community Development Director. 5. Preliminary Landscaping Plan: Refer to attached landscaping plans included in Attachment 2-2, Development Plan, sheet X-4. 6. General Plan and Specific Plan Consistency: The project is consistent with the Retail/Office Designation of the General Plan and with Area 3 of the San Ramon Specific Plan with approval of a Conditional Use Permit. 7. Inclusionary Zoning Ordinance: This project is not a residential project and is not subject to the Inclusionary Zoning Ordinance. 8. Development Standards: Lot Size: 52,000-sq. ft. minimum Lot Width and Frontage: 170 feet minimum Lot Depth: 250 feet minimum Front. Rear and Side Yard Setbacks: See the C-1, Retail Commercial Zoning District setback regulations, Chapter 8.36.030 of the Zoning Ordinance. Building Height: 45 feet maximum 35 feet maximum if principal structure is within 50 feet of an R zoning district Parking: Parking shall be provided as shown on the site plan in Attachment 2-2, Development Plan, as approved through the related Site Development Review and Conditional Use Permit for P A 008-004. All drive aisles and fire lanes shall be kept clear at all times. 9. Architectural Standards:: See Project Plans (Attachment 2-2). Any modifications to the project shall be substantially consistent with these plans and of equal or superior materials and design quality. 2 10. Dublin Zoning Ordinance - Applicable Requirements: Except as specifically modified by the provisions of this PD District Rezone/Development Plan, the use, development, improvement and maintenance of property within this PD Zoning District shall be subject to the provisions of the C-I, Retail Commercial Zoning District of the City of Dublin Zoning Ordinance with regard to permitted/conditional uses, land use restrictions and minimum/maximum development criteria. 11. Public Facilities Fee - The developer shall pay a Public Facilities Fee in the amounts and at the times set forth in City of Dublin Resolution No. 60-99, adopted by the City Council on April 6, 1999, or in the amounts and at the times set forth in any resolution revising the amount of the Public Facilities Fee, as implemented by the Administrative Guidelines adopted by Resolution 195-99. A preschool is determined to be an industrial use which will result in the lowest fee. 12. Compliance with Related Planning Approvals: The Applicant/Developer shall comply with all the related Site Development Review and Conditional use conditions of approval for P A 00-004. G:\paOO-004\Development Plan 3 I, t,il' hi!: In! jll;, .', l"II iW !il! tl, <.i E ~- L ~ E ~ \.l g- ." L o ~ ...J ~ b L . 0 ~\.l , L ~ -8 1 .~ . >L A ~' - MAJa.. 2~ ~ ~- .""""'IlI....'" __CA_ -- C ~ ~ ....'16-18'1 106<>.....""""'"" <>e<... C. "'-"'i'.'"' ""'., "'" 21-5-00a.o ~ TS .~-, ~ -~ ( r\ 'i/\\'1'r-i. . _ \L.j:i( I 't '~ J,=\..,; 1,~<) I~~" 8=\ ....~\\~.."'~J-(" ..,../ "II '\\ . '. 1 "":'" '. \! \ J<-'ae__ . "~.", . SITE \ ~. ~' \)0 -;. . \..AX ;/<;-J '''" '[ ~ , -',~~';,;.9 -\~ '. ~ iIlo.~' _ ----~~ ' \ ';,. ~ \ ' -------- VPOlNTIYhlAP .. ! , , i:;: ',I f~! n' ll~ !~l A New Building For' KinderCare Learning' Centers. Inc 650 NE Holladay Street. Suite 1400 KinderCare. Portland, Oregon '11232 Phone 503-812-1300 7360 SAN RAMON RD. DUBLIN, CA, ~. DRAWING INDEX TITLE SHEET TS FLOOR PLAN AI.I ROOF PLAN AI.3 BUILDING ELEVATIONS A4 SURVEY X-I SITE PLAN X-2 UTILITY/GRADING PLAN X-3 LANDSCAPE PLAN X-4 RECEIVED MM2410001 DU~gJ\.LAg.llN~ BEING A PORTION Of, ,U.N:. 941-0040~OOHO 94~004o-0<l2-1 941-0040-002-03 SCOPE OF WORK 11 CONSTRUCT NEW SITE PAD 211N8TALL NEW SEWER l STORM DRAIN SYSTEMS SIINSTALL NEW GAS l WATER SERVICES 41 MTAlL NEW TElEPHDfE l ELECTRIC SERVICES &1 CONSTRUCTION OF tEl SUH.DWG 81 CONSTRUCTION OF NEW CURB, PLANTERS I PAVING 11 lIST ALL NEW FENCING 81 N9TALL NEW LAND9CAPNtl 81 INSTALL NEW 8lGNAGE I STRIPING ,,1/" ~ ;:bO o :J: s: m :z -; ?...J , .su i l ! 1 ~ ! !! ~:! 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"'" "" ""'""'"~ X-I I .,y ~ ,- j -.Z(~'-N~~2~._x_.__ fi0' ",..;(s /' PARCE ~#" =1 ----;;;;=:=; ,,,~, ~'~ '-'-x_. ~-,r '. ~ ~. ..,fr. jAy: ,fjf " !I,M 14 IOOO'C~"""",;"" """"""'YCON""UCf/()N j >EJ/.>I"""-IOsg,, """'!!:~.'!!c":"'_ 'f ,,\ ~ ~':;}- "",-'>.('---- ~- --. ==- mc:;:.;::::_:-~=_:.-=-=-----=-::,IW r,,;;,r. I I ~, I .:.~~-~ .;~. i .,.-50 1~'fCSSi'" SVI:""-'f..-~ .'" RCfi.2_0MGr~""" 18 >11 ;' I I I I~ - -'-,~' " q , I PROPOSED I V/,1.,JDCRCARE PROPERTY I. f9,B66SQIT. UfAC:. .. - ~~.L -,y0~_ " . I I I I I l J \ PARCEL ''?: p-DolL..., " PLAN 8CALIi " " ~ 1 . I , 1,'<1 ;*.1 i . " "II' fill!' IH!;! rl!>ll .,tlp 'r'!!' fdt}: Ill}; i ~ "N ~&~ I~! :'1<'5,1, ~~~ !H u E '" L ~ C . " tJ' .. C L o . -' . L o " L . " c Q I . . , ! " KINDERCARE BITE AREA CALCULATIONI POlCmTAGE '11(I.' 19." ". '" n,,, .. "spAen "'''''l.L. 21fT..... '"~ 2!T..... BIONABE CALCULATIONS ....~IA': Jl~.s' ,-,,"~,..~r.I~-.,.. , Ili'>/~i,:,~i~h:;':~ I: <...e........"."".'''.'''..I' .~..,;:RtP_=_4.r,5B sf:, i_~ t /::-~.-~ -"-~- ~ PARKtNB CALCULATIONS ~i ,1,.' __!"EEl ~'" '.''''.M ".!IOlI ..... U"",'" '''''' I>tOOftttlP....... -.- sr"""_p""",,," ......c......,~__Oi '"^ SIll_A ~~, ~.\oftI "'If. ~>U"""A ~'-"t_. "'- .~ ~ -. - ~~ !>1[!ia<A<>; ICOP! OF WORK l)COfS"''''''NEw SlI[P.oo .j "'S'AU "[~ "''''''' .s"""'....... S,,"mo. J'II<STALl_""s.".ItIISVI"c<s :~::~~NE~"".nrc"'IC$[Jl"_"'" [ OJ COH'IlI\JCT NE~ F-..oO '" ~B-IM 7j...,"'L...............moS.tuA!lS ''''''"....~.., e)...,"l.L_~_ ~. " OJ """" Ht~.... 5". '0).."......_""'''''" <>-<->"".. FPl'LIM"M<1T "'lfF'LA" ~. ","-, ,..,'" 0','''''''''' C,,"'"'' '--2 MAJa.. 2M :='- ..........,Dr...... __cr._ -- D "'v.-.,. ~!!-Qum ~'O>-D-<III " ..v ~ fl,AN SCAL.E 9 '0 2" I, 00 ~ ~S ~~ - "0' ''''T "",,,,.,',,1 --.=.;..;.::.IL I, S19'J9'og"W ~ , ill I" ",c-..l fJl)/(OlNG SF_5,lH2. , I: ~! 't .' l. } I i ....1 - '-1-I19"J9 RES1~UR^H 499100' -I .,",,""'j> .'''',"''"T ''''T ""fVE'" 00.1 -:.~' II 1.11 ~ -il- -,"~- IUl ;;7;;'--r.:;;;;, ~. ". -L.' " ".~ wif}j. """""" "~W~'-;/"i . : I ( .. , ''^~~~~:J~ ~:~ ....,!":HA~l, -I I ! [uilLii; EASEMENT TO BE -'I I PROVIDED mOM SAN RAMON ROAD ~~!~~E"_~!NYERCARE P~OP~TY ~.- - - - - - - t-c-o , i- _ _""",~., ~oo, " Bif ~'.." . r , 1 - - .,-' ~~~.!;-6':. <f~~"../ I ~'.~'. ~"~::> ~~ ", /;,/ t." ,/// ,~.,..\..\.. ~. /' QO~ ~Q /<Ji.Y~/ .,..y.'" t,'4'" ...............l>~~~,,-<<" O\,}\.. ..- ~>>'-' ~ ?f~~."-'~~-"/ ," r--- - -- KNJEAC^"" -""'1; ""I'~I ", .~C. ~". , : ~--" I' .~( EJ J..: __n, . ![:'8.-'\,1 :,1 ~~ .""~. 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'4& oaiScr'" ;;l::= fi,f"_ ........... ~~ -----D--------- PRDPOSEIl FENCE KINOERCAR! _______pjlOPE1HYUIiE 1:I1n:PI...AN ___ _ __ _ PRCP=_.Ul>EwENf _____ __T/lll'OIlI'III' . -- AT! COt.. """... \l..l.J "" a-s-<l<O ....IU'I - - ~- <I 11 11 ~"::::-- X-2.2 SCOPE Of WORK 1) COllS1TlUCT"," "TE PAC 2)IHSTAl.l.NE"SE'HE!l"STCRUOftAIMSrsTElol. J)...TAllHl:WC.S " WATER St;R"C(S .)IHSTAllIII;WIUL"HDI\IE:..rnCTIllC"","ctS ~) <<I<slIIIJCT "rw llIWllNC I) <:QNS11lUCTN""P_INC ,)'NSTAllNf;WPlN<TERS " CURDS I) IHSTAlJ.NEwLANC,CJ.l'tIIC '1 IHST........ NE"SlTE SlGt<AGE "Slllll'tllC O)INSTAllNE"rulClNO RECEIVED JUN 9 - 2000 DUaLlN PLANNING . ... ~ PLAN BCAlE '020 . ~L ~E1 . Ei !::i / f 3..00~7arj&'M.E I / ~ 1// ./-'" jh \ \ ~'" ~ \ z\ I / \ \ / g: \ \ N7~.J9'1XI.E 4~1 -\-;-~, I \ I \ , I \ .11 I J\ D I I <tf" 1 ~ I I '5 ") I ~ I I z \ \... \. .\' \ \ "-a, \. \. , "- "- i \ "- '( \tL_~\-_~\--~ ..1 _ _ ..i. ..-i... _ " I lJJ.5" tRCPCSEl .fJTlJRE;: ;~~-=----::.:--.:.--==:; ~S/lrall.1C-::O- ~ j ,_. >- 411gf( / i / I I ~ 1 I 1/ II II '. ;; 2'-1. , -~ I .[0. 1 I ASPHAlT " J), IJI .00' "'" -~- E - .~ G:1:l .1 r- ~ - 'I . . ~ ~ " - --, .....~J , _I< "'....J>..',_ - 11 ~ ~ " ~ ~ ~ ~("~liill ,1 rJ " . " . " . I l j i i ! " ~i il 1& .5 t- ~ I. t' . if RESOLUTION NO. OO-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL APPROVAL OF THE CONDITIONAL USE PERMIT FOR A DAY CARE CENTER AND TO WAIVE A PORTION OF THE PARKING REQUIREMENTS AND SITE DEVELOPMENT REVIEW FOR THE KINDERCARE PROJECT, PA 00-004 WHEREAS, the Applicant, Michael Majors II, on behalf of KinderCare has requested approval of a Conditional Use Permit for a 9,824 square foot Day Care Center with a maximum capacity of 180 children in the C-1 Zoning District and Area 3 of the San Ramon Road Specific Plan; a waiver of25% of the required parking pursuant to General Development Criterion 7 of the San Ramon Road Specific Plan and a Site Development Review on 1.15 acres at 7360 San Ramon Road at the northwest comer of San Ramon Road and Amador Valley Boulevard; and WHEREAS, a complete application for the above noted entitlement requests is available and on file in the Department of Community Development; and WHEREAS, Applicant/Developer has submitted project plans for a Conditional Use Permit and Site Development Review for the KinderCare project dated received March 24, and June 9, 2000, and a colors and materials board dated received March 24, 2000, and WHEREAS, the project has been reviewed in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the City of Dublin Environmental Guidelines and a Negative Declaration has been prepared for this project and is on file with the Dublin Planning Department. The project as proposed will not have a significant impact on the environment; and WHEREAS, the Planning Commission did hold a public hearing on said application on June 13,2000 and recommended that the City Council approve the Conditional Use Permit and Site Development Review for this project; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted recommending that the Planning Commission recommending City Council approval of the Conditional Use Permit and Site Development Review, subject to conditions; and WHEREAS, the Planning Commission did hear and use their independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby make the following findings and determinations regarding said proposed Conditional Use Permit: ATTACHMENT 3 A. The proposed operation of a Day Care Center and the waiver of parking requirements from 53 parking spaces to 40 parking spaces within the San Ramon Road Specific Plan and the Planned Development Zoning District for P A 00-004 is compatible with other land uses (i.e. retail commercial and residential), transportation and service facilities in the vicinity because Day Care Center will offer services which typically benefit residential and commercial uses. B. The proposed use and the parking waiver will not adversely affect the health or safety of persons residing or working in the vicinity, and will not be detrimental to the public health, safety and welfare because all the potential environmental impacts associated with the project are less than significant. C. The use and the parking waiver will not be injurious to property or improvements in the neighborhood because the project is conditioned to comply with all Building and Fire Department requirements, and Public Works Department requirements regarding on and off- site traffic circulation, street improvements, and on and off-site drainage improvements. 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. E. The subject site is physically suitable for the type, density and intensity of the buildings and related structures being proposed because the project is located on relatively flat land within an urbanized area adjacent to existing retail commercial uses and medium to high density residential uses and the Applicant will be voluntarily contributing traffic improvement funds in the amount of$116,928 to address any potential traffic impacts of the project on surrounding roadways and street improvements. F. The KinderCare day care center use is not contrary to the specific intent clauses, development regulations, and performance standards established for the Planned Development (PD) Zoning District for P A 00-004 because the conditions of approval are required to insure that the project, which will be supportive of surrounding retail and residential uses through the provision of day care and education services for adjacent residents and children of workers in the surrounding commercial areas, and supportive of similar surrounding retail commercial uses, will be compatible with those uses. G. The approval of this application, as conditioned, complies with the Dublin General Plan, Area 3 of the San Ramon Road Specific Plan and the PD Zoning District regulations, and the general requirements established in the Dublin Zoning Ordinance. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby make the following findings and determinations regarding said proposed Site Development Review: A. The KinderCare project is consistent with the intent and purpose of Chapter 8.104 Site Development Review of the Zoning Ordinance. B. The approval of this Conditional Use Permit and Site Development Review application, as conditioned, complies with the Retail/Office designation of the Dublin General Plan, Area 3 of 2 the San Ramon Road Specific Plan, the PD Zoning District regulations, and the general requirements established in the Dublin Zoning Ordinance. C. The approval ofthis Conditional Use Permit and Site Development Review application, as conditioned, will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and general welfare because all the potential environmental impacts associated with the project are less than significant. D. The proposed 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 Day Care Center. E. The subject site is physically suitable for the type, density and intensity of the buildings and related structures being proposed because the project is located on relatively flat land within an urbanized area adjacent to existing retail commercial uses and medium to high density residential uses and the Applicant will be voluntarily contributing traffic improvement funds in the amount of $116,928 to address any potential traffic impacts ofthe project on surrounding roadways and street improvements. F. The proposed Site Development Review will not result in impacts to views because the site is level and no views could be interrupted. G. The proposed Site Development Review will not result in impacts to existing slopes and topographic features because the site is relatively level and there are no topographic features. 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 commercial development with the development's design concept or theme and the architectural character of the surrounding commercial and residential buildings and uses. 1. 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. BE IT FURTHER RESOLVED THAT THE Planning Commission does hereby recommend that the City Council of the City of Dublin approve the Conditional Use Permit to allow a Day Care Center and Site Development Review for PA 00-004, KinderCare, subject to the following Conditions of Approval: CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use, and shall be subiect to Department of Communitv Development review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: rADM1 Administration/Citv Attornev, [81 Building division of the Communitv Development Department. rDSR1 Dublin San Ramon Services District. rF1 Alameda Countv Fire Department/Citv of Dublin Fire Prevention, 3 rFIN} Finance Department. rPL 1 Planning division of the Communitv Development Department. rpOl Police. rpWl Public Works Department. CONDITIONAL USE PERMIT # CONDITION TEXT RESPON. WHEN HOW IS AGENCY REQ'D CONDITION Prior to: SATISFIED? GENERAL CONDITIONS 1 Approval. This Conditional Use Permit approval for PL On-going KinderCare, P A 00-004 establishes the Day Care Center Use pursuant to the Zoning Ordinance and Area 3 of the San Ramon Specific Plan and permits the waiver of25% of the parking required by the Zoning Ordinance for this project. The parking required shall be reduced from 53 parking spaces to 40 parking spaces. Development pursuant to this Conditional Use Permit generally shall conform the project plans submitted by KinderCare Learning Centers, Inc. and Majors Engineering Company dated received March 24, and June 9, 2000 and to the colors and materials board received on March 24, 2000, on file in the Planning Department, and other plans, text, and diagrams relating to this Conditional Use Permit, unless modified by the Conditions of Approval contained herein. 2. Permit Expiration. Construction or use shall PL Ongoing commence within one year of permit approval, or the permit shall lapse and become null and void. 3. Annual review. On at least an annual basis, this PL Ongoing Conditional Use Permit shall be subject to Zoning Investigator Review and determination as to compliance with the conditions of approval. Any violation of the terms or conditions of this permit may be subject to enforcement action. 4. Revocation of permit. The permit shall be revocable PL Ongoing for cause in accordance with Section 8.96.020.1 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. 5. Clean-up. The Applicant/Developer shall be PL Ongoing responsible for clean-up and disposal of project related trash to maintain a clean, litter-free site. 6. Controlling Activities. KinderCare shall control all PO,PL Ongoing activities on the project site so as not to create a nuisance to the existing or surrounding businesses and residences. 4 # CONDITION TEXT RESPON. WHEN HOW IS AGENCY REQ'D CONDITION Prior to: SATISFIED? 7. Accessory Structures. The use of any accessory PL,B,F Ongoing structures, such as storage sheds or trailer/container units used for storage or for any other purposes, shall not be allowed on the site at any time. 8. Fire Codes and Ordinances. All project construction B Through shall conform to all fire codes and ordinances in effect completion at the time of building permits. 9. Conditions of Related Project Approvals. The PL,PW Ongoing Applicant/Developer shall comply with all conditions of approval of the related Site Development Review and the Development Plan of the related Planned Development Rezone for P A 00-004 KinderCare project. 10. Public Right-of-Way Signage. The Public Works PW,PL Prior to Department shall work with the Kildara Homeowners issuance of Association for determining the types of street signage Occupancy that should be installed along Amador Valley Permit Boulevard and Donlan Way for purposes of approval. discouraging traffic from entering the Kildara community as a short-cut between Dublin Boulevard and San Ramon Road. The Applicant/Developer shall be responsible for purchasing and installing the agreed upon street signage. 11. Kildara traffic mitigation funds. The KinderCare PL,PW Prior to Learning Centers shall contribute a maximum of issuance of $5,000 which shall be paid into an escrow account to Occupancy be used by the Kildara Homeowners Association for Permit purposes of mitigating any traffic impacts the project approval. may cause within the Ki1dara community. Any funds remaining in the escrow account 18 months after the last certificate of occupancy for KinderCare will be refunded to the applicant. 12. Number of students. The day care center shall have a PL,B Ongoing maximum enrollment of 180 children. 13. Drop-off and pick-up of students. The KinderCare PL Ongoing Staff shall be responsible for escorting each student to and from the drop-off and pick-up area ofthe school. 14. Hours of operation. Hours of operation for the school PL Ongoing shall be from 6: 15 a.m. to 6: 15 p.m. Monday through Friday. 15. Noise/Nuisances. The Applicant shall control all PL,PO Ongoing project related activities and noise in the parking lot and playground so as not to create a nuisance to the adjacent residential community and the existing or surrounding businesses. No loudspeakers or amplified 5 # CONDITION TEXT RESPON. WHEN HOW IS AGENCY REQ'D CONDITION Prior to: SATISFIED? music shall be permitted to project or be placed outside of the building. 16. Maintenance. The Applicant shall be responsible for PL Ongoing cleaning up and disposing of day care facility generated trash and litter on-site and off-site within the neighborhood. 17. Parking Requirement Exemptiou. The KinderCare PL,PW Ongoing Applicant shall provide a minimum of forty (40) parking spaces for the day care facility, which is a reduction in the number of required off-street parking spaces under the Zoning Ordinance. The proposed number of parking spaces is sufficient based on the traffic and parking study completed by TJKM Transportation Consultants dated January 25, 1999. Any overflow parking will not impact the adjacent commercial or residential uses. The Applicant shall dedicate parking spaces along the front of the day care facility for drop-off and pick-up of students. These parking spaces shall be identified by markings on the pavement and other signage subject to the review and approval of the Community Development Director and Public Works Director. 18. Hold Harmless. The Applicant/Developer shall hold PL,PW Ongoing Standard the City harmless for all costs and expenses, including attorney's fees, incurred by the City or held to be the liability of the City in connection with the City's defense of its actions in any proceeding brought in any State or Federal court challenging the City's actions with respect to the Applicant/Developer's project. SITE DEVELOPMENT REVIEW # CONDITION TEXT RESPON. WHEN HOW IS AGENCY REQ'D CONDITION Prior to: SATISFIED? GENERAL CONDITIONS 1 Approval. This Site Development Review approval PL On-going Standard for KinderCare, P A 00-004 establishes the detailed design concepts and regulations for the project. . Development pursuant to this Site Development Review generally shall conform the project plans submitted by KinderCare Learning Centers, Inc. and Majors Engineering Company dated received March 24, and June 9, 2000 and to the colors and materials board received on March 24, 2000, on file in the Planning Department, and other plans, text, and 6 # CONDITION TEXT RESPON. WHEN HOW IS AGENCY REQ'D CONDITION Prior to: SATISFIED? diagrams relating to this Site Development Review, unless modified by the Conditions of Approval contained herein. 2. Permit Expiration. Construction or use shall PL Ongoing commence within one year of permit approval, or the permit shall lapse and become null and void. 3. Revocation of permit. The permit shall be revocable PL Ongoing for cause in accordance with Section 8.96.020.1 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. 4. Clean-up. The Applicant/Developer shall be PL Ongoing responsible for clean-up and disposal of project related trash to maintain a safe, clean, and litter-free site. 5. Modifications. Modifications or changes to this Site PL Ongoing Development Review approval may be considered by the Community Development Director, if the modifications or changes proposed comply with Section 8.104.100, of the Zoning Ordinance. 6. Controlling Activities. KinderCare shall control all PO,PL Ongoing activities on the project site so as not to create a nuisance to the existing or surrounding businesses and residences. 7. Accessory Structures. The use of any accessory PL,B,F Ongoing structures, such as storage sheds or trailer/container units used for storage or for any other purposes, shall not be allowed on the site at any time. 8. Fees. Applicant/Developer shall pay all applicable Various Various times, fees in effect at the time of building permit issuance, but no later including, but not limited to, Planning fees, Building than issuance fees, Dublin San Ramon Services District fees, Public of Building Facilities fees, Dublin Unified School District School Permits Impact fees, Alameda County Fire Services fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; or any other fee that may be adopted. 9. Requirements and Standard Conditions. The Various Prior to Applicant/Developer shall comply with applicable issuance of Alameda County Fire, Dublin Public Works Building Department, Dublin Building Department, Dublin Permits Police Service, Alameda County Flood Control District Zone 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Department of Health Services requirements and standard conditions. Prior to issuance of building permits or the installation of any 7 # CONDITION TEXT RESPON. WHEN HOW IS AGENCY REQ'D CONDITION Prior to: SATISFIED? improvements related to this project, the Developer shall supply written statements from each such agency or department to the Planning Department, indicating that all applicable conditions required have been or will be met. 10. Fees. Applicant/Developer shall pay all applicable Various Various times, fees in effect at the time of building permit issuance, but no later including, but not limited to, Planning fees, Building than issuance fees, Dublin San Ramon Services District fees, Public of Building Facilities fees, Dublin Unified School District School Permits Impact fees, Alameda County Fire Services fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; or any other fee that may be adopted. 11. Requirements and Standard Conditions. The Various Prior to Applicant/Developer shall comply with applicable issuance of Alameda County Fire, Dublin Public Works Building Department, Dublin Building Department, Dublin Permits Police Service, Alameda County Flood Control District Zone 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Department of Health Services requirements and standard conditions. Prior to issuance of building permits or the installation of any improvements related to this project, the Developer shall supply written statements from each such agency or department to the Planning Department, indicating that all applicable conditions required have been or will be met. 12. Standard Public Works Conditions of Approval. PW Approval of Applicant/Developer shall comply with all applicable Improvement City of Dublin Standard Public Works Conditions of Plans through Approval, (see Attachment A). In the event of a completion conflict between the Standard Public Works Conditions of Approval and these Conditions, these conditions shall prevail. 13. Required Permits. Applicant/Developer shall obtain PW Various times, all necessary permits required by other agencies (e.g., but no later Alameda County Flood Control District Zone 7, than issuance Alameda County Health Agency (if necessary), State of Building Water Quality Control Board, etc.) and shall submit Permits copies of the permits to the Department of Public Works. 8 # CONDITION TEXT RESPON. WHEN HOW IS AGENCY REQtD CONDITION Prior to: SATISFIED? 14. Removal of Obstructions. Applicant/Developer shall PW Prior to remove all trees including major root systems and Issuance of other obstructions from building sites that are Occupancy necessary for public improvements or for public safety Permits as directed by the soils engineer and Director of Public Works. 15. Traffic Control. Two-way traffic is to be maintained PW Prior to along Amador Valley Boulevard during all phases of Issuance of construction. Applicant/Developer shall submit a Building traffic control plan showing detouring and temporary Permits striping for all interim or phased improvements in the public street right of way for review and approval by the Director of Public Works. 16. Public Works Conditions of Approval. In PW Prior to submitting subsequent plans for review and approval, issuance of Applicant/Developer shall submit six (6) sets of plans Building to the Public Works Department for plan check. Each Permits set of plans shall have attached a copy of these Conditions of Approval with responses to conditions filled in indicating where on the plans and/or how the condition is satisfied. A copy of the Standard Public Works Conditions of Approval shall also be submitted which has been marked up to indicate where on the plans and/or how the condition is satisfied. The notations shall clearly indicate how all Conditions of Approval and Standard Public Works Conditions of Approval will be complied with. Improvement plans will not be accepted without the annotated conditions and standards attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participating non-City agencies. 17. Conditions of Related Project Approvals. The PL,PW Ongoing Applicant/Developer shall comply with all conditions of approval of the related Conditional Use Permit and the Development Plan of the related Planned Development Rezone for P A 00-004 KinderCare project. 18. Building Permits, Codes and Ordinances. The B Through Applicant/Developer shall obtain all necessary permits completion from the Dublin Building Department. All project construction shall conform to all building codes and ordinances in effect at the time of building permits. 9 # CONDITION TEXT RESPON. WHEN HOW IS AGENCY REQtD CONDITION Prior to: SATISFIED? 19. Fire Codes and Ordinances. All project construction B Through shall conform to all fire codes and ordinances in effect completion at the time of building permits. 20. Building Permit Application. To apply for building B Prior to permits, the Applicant/Developer shall submit twelve issuance of (12) sets of construction plans together with final site Building plan and landscape plans to the Building Department Permits for plan check. Each set of plans shall have attached a copy of these conditions of approval with the "How is Condition Satisfied?" column filled out. The column shall clearly indicate how all conditions of approval will be, or have been complied with. Construction plans will not be accepted without the annotated conditions attached to each set of plans. The Applicant/Developer will be responsible for obtaining the approvals of all participating non-City agencies prior to the issuance of building permits. 21. Utility Siting Plan. The Applicant/Developer shall PW,PL Prior to provide a Utility Siting Plan showing that transformers issuance of and service boxes are placed outside of public view or Grading underground where possible and/or screened to the Permits satisfaction of the Community Development Director and Public Works Director. 22. State Title 24 PW Prior to Requirements/Walkway/Ramps/Parking Stalls. issuance of The Applicant/Developer shall construct an accessible Building walkway from the public sidewalk on Amador Valley Permits and Boulevard to the building's primary entrance in order Completion of to comply with the current State Title 24 requirements. Improvements Parking stalls designated for persons with disabilities shall also be constructed and identified per current Title 24 requirements. Any ramps required between the disabled parking stalls and the building and between the public sidewalk and the building shall comply with current State Title 24 requirements and City of Dublin Standards. 23. Geologic and soils report. The Applicant/Developer PW Prior to shall have a detailed and comprehensive site specific submittal of soils, geologic and geotechnical investigation prepared improvement by a licensed geologist that addresses site constraints plans posed by any nearby earthquake fault. The report shall determine the location of any earthquake fault and appropriate measures to be taken to ensure that City standards are met. The report shall be prepared to the satisfaction of the City Engineer. 10 # CONDITION TEXT RESPON. WHEN HOW IS AGENCY REQtD CONDITION Prior to: SATISFIED? 24. Right-or-Entry and Reciprocal Easements. The PW Prior to ApplicantlDeveloper shall obtain a Right-of-Entry from issuance of each neighboring property owner for work to be Grading performed or access across the neighboring properties, Permits as required. ApplicantlDeveloper shall also record reciprocal easements for required common facilities, including, but not be limited to, parking, ingress/egress, common driveway, storm drain, sanitary sewer, water and joint trench, as required. 25. Roof equipment screening. All roof equipment shall PL Prior to be completely screened from view by a parapet. issuance of Equipment not screened by a parapet shall be screened Building by materials architecturally compatible with the Permits building, as approved by the Community Development Director. 26. State Title 24 Requirements for Playground Facility. B,PL Prior to The KinderCare Applicant shall construct the issuance of playground area and all playground facilities in Building compliance with State Title 24 Requirements for Permits handicapped accessibility. 27. Bicycle Racks. The Applicant/Deve10per shall be PL Prior to required to install one bicycle rack for each 40 parking issuance of spaces. Bicycle racks shall be designed to provide a Building minimum of 4 bicycle spaces in each rack, and shall Permits be designed so that a bicycle can be secured to the rack. The location of the bicycle rack shall not encroach into the sidewalk which would reduce the unencumbered width of the sidewalk to less than 4 feet. Bicycle racks shall be placed in a location where they shall have adequate lighting and can be surveilled by the occupants. 28. Repair of Damages. Applicant/Deve10per shall repair PL Prior to all damaged existing street, curb, gutter and sidewalk issuance of along San Ramon Road and Amador Valley Boulevard Occupancy as a result of construction activities to the satisfaction permit of the Director of Public Works. 29. Parking. All parking shall conform to the revised PL Prior to parking plan. Public parking spaces shall be double- Issuance of striped with 4-inch wide stripes set approximately 2 Building feet apart as shown in the Zoning Ordinance available Permits in the Planning Department. Disabled accessible, visitor, employee and compact parking spaces shall be appropriately identified on the pavement and designated on the parking plan. The Applicant/Developer shall provide a minimum one foot wide raised curb or equivalent on landscape 11 # CONDITION TEXT RESPON. WHEN HOW IS AGENCY REQ'D CONDITION Prior to: SATISFIED? fingers and islands adjacent to parking stalls. Landscaped islands adjacent parking spaces shall have a radius of 5 feet or be 2 feet shorter than the adjacent parking spaces. KinderCare - Block Wall. In to mitigate Prior to potential noise impacts, the KinderCare issuance of Applicant/Developer shall extend the concrete block Building wall along the western project property boundary Permits between KinderCare and the Kildara residential community an additional 2 feet so that the total height of the block wall when measured from the KinderCare site is 8-feet high. 31. City of Dublin Non-Residential Security PO,B Prior to Requirements. All security hardware for KinderCare issuance of must comply with the City of Dublin Non-Residential Building Security Requirements (obtained from the Planning Permits/ Department). Security hardware must be provided for Occupancy all doors, windows, roof, vents, and skylights and any Permits other areas per Dublin Police Services recommendations and requirements. 32. KinderCare Fencing. Fencing around the child care PO Prior to center shall be a minimum of 6' in height. The fence issuance of shall be constructed with materials that will deter Building individuals from climbing and scaling the fence. Permits 33. Robbery, Burglary, Theft Prevention and Security PO Ongoing Program. The Applicant shall work with Dublin Police Services on an ongoing basis to establish an effective robbery, burglary, theft prevention and security program for the business. 34. Graffiti. The owners of Rite Aid and KinderCare shall, PO,PL Ongoing at all times, keep the site and building clear of graffiti vandalism on a regular and continuous basis. Graffiti resistant paints for the structures and film for windows or glass should be used. 35. Emergency Response Card. KinderCare shall PO Prior to complete a "Business Site Emergency Response Care" issuance of and deliver it to Police Services prior to occupancy. Occupancy Permit approval 36. ACFD Rules, Regulations and Standards. F Prior to Applicant/Developer shall comply with all Alameda Issuance of County Fire Services (ACFD) rules, regulations and Building standards, including minimum standards for Permits 12 # CONDITION TEXT RESPON. WHEN HOW IS AGENCY REQtD CONDITION Prior to: SATISFIED? emergency access roads and payment of all applicable fees, including a City of Dublin Fire Impact Fees. 37. Fire Conditions. Developer shall comply with all F Prior to conditions ofthe Alameda County Fire Department Issuance of (ACFD) as listed in the letter from ACFD dated 1-15- Building 99, including: Permits a. Access and Water Supply. An approved access and water Prior to the supply shall be in place and operational. stockpiling of any combustible materials or commenceme nt of combustible construction on the site b. Wildfire Management Plan. Structures that are within the Prior to Wildfire Management Plan area shall meet the requirements Issuance of for construction, roof covering and fire sprinkler Occupancy installation. Landscape design plan shall meet the Permits requirements of the Wildfire Management Plan. c. Drive Aisles. Final detailed layout and design of internal Prior to drive aisles shall be subject to review and approval by the Issuance of ACFD and the Director of Public Works. Occupancy Permits d. Plan Review. Plans may be subject to revision following Ongoing review. e. Fire Sprinklers. Automatic fire sprinklers shall be Prior to designed, installed and maintained to the specifications of installation NFP A 13 & 25, 1996 edition. Plans and calculations shall be submitted to the fire prevention division for review and approval prior to installation. A permit for the system installation shall be completed and all fees paid prior to installation. f. Plans for Underground Sprinkler System. Plans shall be Prior to submitted for review and approval that include soils installation compaction, corrosivity and thrust block calculations. A Permit for the underground water supply for the fire sprinkler system shall be completed and all fees paid prior to installation. g. Fire Lane. A "Fire Lane" shall be designated and so marked Prior to along the north side of the property and the main entry. issuance of Occupancy Permits h. Storage Area. The Applicant/Developer shall provide Prior to details for the configuration of the storage area, including any installation 13 # CONDITION TEXT RESPON. WHEN HOW IS AGENCY REQtD CONDITION Prior to: SATISFIED? racks with their height and type of materials that will be stored within the storage area. I. Address. The address for the KinderCare building shall be Prior to visible from the street and the addresses must be placed on issuance of the rear doors of the buildings. Occupancy Permits J. Portable Fire Extinguishers. Portable fire extinguishers Prior to shall be installed in accordance with the Uniform Building issuance of Code and/or the State Fire Code for the specific occupancy. Occupancy Permits k. Emergency Lighting. Emergency lighting shall be installed. Prior to issuance of Occupancy Permits I. KNOX Box. To allow emergency access to the building, a Prior to KNOX box shall be installed at the main entries of the issuance of building. Occupancy Permits m. Existing Fire Hydrant. The existing fire hydrant shall be Prior to relocated to the east side of the Amador Valley Boulevard issuance of access. Occupancy Permits n. KinderCare Alarm System. KinderCare shall install an Prior to alarm system that meets all the requirements ofthe building installation code and fire code for an E-3 occupancy. 38. Right-or-way Dedication on Amador Valley PW Boulevard. App1icant/Developer shall dedicate to the public for roadway purposes an area with a width of 10' along the north side of Amador Valley Boulevard to create an ultimate right-of-way width of 46' for the straight segment of road. The dedicated area shall taper and conform to the existing right-of-way line at the existing "S" curve near the intersection at San Ramon Road and at the existing cul-de-sac bulb. The tapers shall be accomplished using tangent curves in a configuration acceptable to the Director of Public Works. 39. Right-of-way Improvements. Along the frontage of PW the proposed KinderCare site, the Developer/Applicant shall widen the north side of the Amador Valley Boulevard to create a curb to curb width of 36'. A 5' -wide public sidewalk shall be constructed on the north side to match the existing sidewalk on the south side. Said roadway widening is Prior to issuance of Occupancy Permit Prior to Occupancy 14 # CONDITION TEXT RESPON. WHEN HOW IS AGENCY REQtD CONDITION Prior to: SATISFIED? only required across the frontage of the KinderCare site; widening for the frontage of the adjacent vacant parcel immediately to the east will be required when that parcel develops. The Developer/Applicant shall be responsible for the design and construction of all improvements associated with the widening of Amador Valley Boulevard across the site frontage, and the appropriate transitions to the existing roadway width at each conform. Said improvements shall include, but not be limited to, 10' of pavement section, curb & gutter, 5-wide sidewalk, storm drain, utilities, street lights, pavement markings and signs, and landscaping, all as determined by the Director of Public Works. 40. Streetlights. Applicant/Developer shall install (1) one PW Prior to additional streetlight on the north side of Amador issuance of Valley Boulevard to be located approximately 180' Grading east of the existing street light at the end of the cul-de- Permits sac bulb. Said street light shall be the City Standard cobra head luminaire with galvanized steel or aluminum pole as required by the Director of Public Works. A service point and pole number shall be obtained from Pacific Gas & Electric Company. A street lighting plan that demonstrates compliance with this condition shall be submitted prior to issuance of a grading permit and shall be subject to review and approval by the Director of Public Works. 41. Construction of On-site Improvements. The PW Prior to App1icant/Developer shall construct on-site issuance of improvements as shown on the site plan prepared by Occupancy CRHO Architecture and by Majors 2M2 Engineering, Permits labeled Exhibit C-1, dated received by the Planning Department 3-24-00, and stamped approved and on file with the Planning Department. 42. On-Site Improvement Plans. The PW Prior to Applicant/Developer's Engineer shall prepare site Issuance of improvement plans for the review and approval of the Building Director of Public Works. Said Improvement plans Permits shall include, but are not limited to, horizontal (site layout) and vertical (grading) control, storm drainage, sanitary sewer, water, utilities, hardscape improvements, signs and striping, new pavement sections, landscaping and irrigation, erosion control, and all applicable details for the project as required by the Director of Public Works. The Applicant/Developer's Engineer shall obtain the City 15 # CONDITION TEXT RESPON. WHEN HOW IS AGENCY REQ'D CONDITION Prior to: SATISFIED? of Dublin's On-Site Checklist from the Public Works Department and shall address any and all items applicable to the project. Said Checklist shall be part of these conditions of approval. 43. Abandonment of existing non-use easements. PW Prior to Applicant/Developer shall obtain the abandonment of Issuance of all existing easements that are not currently being used Building on the proposed site to the satisfaction of the Director Permits of Public Works. 44. Parcel Merger/Lot Line Adjustment. In order to PW Prior to create a separate and distinct parcel for the Issuance of KinderCare facility, the Applicant/Developer shall Building adjust the existing parcel lines identified on the Permits current tax assessor plat as Assessor Parcel Numbers 941-40-2-3,941-40-2-7, and 941-40-3-2 through the City's parcel merger and lot line adjustment procedures. The created parcels shall conform to the lot configuration and setback requirements stated in the adopted Zoning Ordinance and per the current California Building Code. The Applicant/Developer shall adhere to all State, County, and City requirements for said parcel merger and lot line adjustment. 45. Parcel Map. To facilitate the adjustment of the parcel PW Prior to lines and the dedication ofright-of-way and other Issuance of required easements, the Applicant/Developer may Building wish to process a Parcel Map in accordance with Permits Subdivision Map Act 966467. 46. Easement Dedications. Applicant/Developer shall PW Prior to dedicate a 10'-wide Public Services Easement (P.S.E.) Issuance of along the northerly right-of-way line of Amador Valley Building Boulevard to allow for current and future underground Permits utility services along the site frontage. Applicant/Developer shall also dedicate easements over any public utility services Goint trench, storm drain, sanitary sewer, water, etc.) that traverse the site. Said easements shall conform to the requirements of the Director of Public Works and/or public utility companies as necessary to serve this site with utility services, and to allow for maintenance access. 47. Emergency Vehicle Access Easement Dedications. PW,F Prior to Applicant/Developer shall dedicate all needed Issuance of emergency vehicle access easements from each Building adjacent public street to all fire access roads Permits surrounding the building as defined by Alameda County Fire Department and to the satisfaction of the 16 # CONDITION TEXT RESPON. WHEN HOW IS AGENCY REQtD CONDITION Prior to: SATISFIED? Director of Public Works. 48. Installation of STOP signs and other traffic signs. PW Prior to Applicant/Developer shall install STOP control Issuance of pavement markings and sign at the driveway on Occupancy Amador Valley Boulevard. All signs and pavement Permits markings shall be installed to the satisfaction of the Director of Public Works. 49. Requirements. The Applicant/Developer shall grade PW Ongoing the project in accordance with the Public Works Standard Conditions of Approval and State Regional Water Quality Control Board standards and details. 50. Water Quality Requirements. All development shall PW Prior to meet the water quality requirements of the City of issuance of Dublin's NPDES permit and the Alameda County Grading Urban Runoff Clean Water Program. The plans must Permit! include a separate Erosion and Sediment Control plan Improvement to be implemented during the rainy season (October Plans and 1 st to April 15th). Said plan shall conform to the latest during standards of the Regional Water Quality Control construction Board. The site design shall also include some type of permanent filtration system for all storm drain inlets within the paved areas to prevent hydrocarbons and other petroleum-based contaminants from entering the public storm drain system. Installation details shall be included on the plans. In addition, all storm water inlets within paved areas shall be stenciled "No Dumping - Flows to Bay" using a standard stencil available from the Alameda County Urban Runoff Clean Water Program, located at 951 Turner Court, Hayward, California. 51. Geotechnical Investigation Report. PW Prior to Applicant/Developer shall prepare a Geotechnical issuance of Investigation report as required in the Public Works Grading Standard Conditions of Approval. Said report shall Permit/ include recommendations for structural pavement Improvement sections within the parking area and within the area of Plans and Amador Valley Boulevard to be widened. during construction 52. Undergrounding. The Developer shall underground PW Pri or to all utilities to the project unless specifically approved issuance of by the Director of Public Works. The Developer shall Grading remove all existing overhead utilities within the project Permit and construct them underground. /Imprvt. Plans 17 # CONDITION TEXT RESPON. WHEN HOW IS AGENCY REQtD CONDITION Prior to: SATISFIED? 53. Joint Utility Trenches/UndergroundinglUtility PW Prior to Plans. Applicant/Developer shall construct all joint Occupancy utility trenches (such as electric, telephone, cable TV, and gas) in accordance with the appropriate utility jurisdiction. All communication vaults, electric transformers, cable TV boxes, blow-off valves and any appurtenant utility items thereto shall be underground and located behind the proposed sidewalk within the public service easement, unless otherwise approved by the Director of Public Works and any applicable agency. All conduits shall be under the sidewalk within the public right of way to allow for street tree planting. Utility plans, showing the location of all proposed utilities (including electrical vaults and underground transformers) behind the sidewalk shall be reviewed and approved by the Director of Public Works. Location of these items shall be shown on the final plans. 54. Zone 7. The Applicant/Developer shall comply with PW, Zone Prior to all Alameda County Flood Control and Water 7 approval of Conservation District - Zone 7 Flood Control Improvement requirements and applicable drainage fees. Plans 55. Zone 7 Monitoring Well. Prior to issuance of grading Zone 7 Prior to permits for the project, the Applicant/Developer shall issuance of either mark or preserve all existing Zone 7 monitoring Grading wells within the work area, or shall properly destroy Permits each well in accordance with a permit obtained from Zone 7. 56. Lighting Plan. The Applicant/Developer shall PW,PL, Prior to prepare a Lighting Plan and 1sochart (photometrics) to PO issuance of the satisfaction of Police Services, the Director of Building Public Works and Director of Community Permits Development. Exterior lighting shall be provided within the parking lot, around the entire perimeter of the building, and over exterior doors, and shall be of a design and placement so as not to cause glare onto adjoining properties, businesses or to vehicular traffic. Lighting used after daylight hours shall be adequate to provide for security (1 foot candle minimum or as allowed by Police Services). Wall lighting around the perimeters of the building should be supplied to provide "wash" security lighting as appropriate. 18 # CONDITION TEXT RESPON. AGENCY WHEN REQtD Prior to: HOW IS CONDITION SATISFIED? ilmmmmmmiil.~I~W~~.~1I111ll!~11~~Im: 57. Construction Trash/Dehris. Measures shall be taken PW, B to contain all construction-related trash, debris, and materials on-site until disposal of-site can be arranged. The ApplicantlDeveloper shall keep the adjoining public streets and properties free and clean of project dirt, mud, and materials during the construction period. The Developer shall be responsible for corrective measures at no expense to the City of Dublin. 58. Construction Fencing. The use of any temporary construction fencing shall be subject to the review and approval of the Public Works Director and the Building Official. DUBLIN SAN RAMON SERVICES DISTRICT (DSRSD) 59. General Conditions a. Improvement Plans. Complete improvement plans shall be submitted to DSRSD that conform to the requirements of the DSRSD Code, the DSRSD "Standard Procedures, Specifications and Drawings for Design and Installation of Water and Wastewater Facilities," all applicable DSRSD Master Plans and policies, and all Recycled Water Design and Construction Standards. Main sizes. All mains shall be sized to provide sufficient capacity to accommodate future flow demands in addition to each development project's demand. Layout and sizing of mains shall be in conformance with DSRSD utility master planning. Gravity flow. Sewers shall be designed to operate by gravity flow 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 value 20-year maintenance costs as well as other conditions within a separate agreement with Applicant/Developer for any project that requires a pumping station. Waterline system design. Domestic and fire protection waterline systems for residential 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 practices. Prior to Construction PW, B, PL Prior to Construction b. c. d. 19 Issuance of Building Permits Issuance of Building Permits Approval of Improvement Plans Approval of Improvement Plans DSRSD 4120/2000 DSRSD 4/20/2000 DSRSD 4/20/2000 DSRSD 4/20/2000 # CONDITION TEXT RESPON. WHEN HOW IS AGENCY REQ'D CONDITION Prior to: SATISFIED? e. Location of lines. DSRSD policy requires public water and Approval of DSRSD sewer lines to be located in public streets rather than in off- Improvement 4/20/2000 street locations to the fullest extent possible. If unavoidable, Plans 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. f. Easement dedications. The locations and widths of all Issuance of DSRSD proposed easement dedications for water and sewer lines Grading 4/20/2000 shall be submitted to and approved by DSRSD. Permit g. Easement dedications. All easement dedications for Approval of DSRSD DSRSD facilities shall be by separate instrument irrevocably Improvement 4/20/2000 offered to DSRSD. Plans h. Fees. All utility connection fees, plan-checking fees, Issuance of DSRSD inspection fees, permit fees, and fees associated with a Building 4/20/2000 wastewater discharge permit shall be paid to DSRSD in Permits accordance with the rates and schedules established in the DSRSD Code. 1. Improvement Plans. All improvement plans for DSRSD Issuance of DSRSD facilities shall be signed by the District Engineer. Each Building 4/20/2000 drawing of improvement plans shall contain a signature Permits block for the District Engineer indicating approval of the sanitary sewer or water facilities shown. Prior to approval by the District Engineer, Applicant/Developer 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. App1icant/Developer shall allow at least 15 working days for final improvement drawing review by DSRSD before signature by the District Engineer. J. Utility construction permit. No sewer line or water line Issuance of DSRSD construction shall be permitted unless the proper utility Building 4/20/2000 construction permit has been issued by DSRSD. A Permits and construction permit will only be issued after all of the all DSRSD DSRSD conditions herein have been satisfied. requirements k. Hold harmless. The Applicant/Developer shall hold On-going DSRSD DSRSD, its Board of Directors, commissions, employees, 4/20/2000 and agents of DSRSD harmless and indemnify the same from any litigation, claims, or fines resulting from completion of the project. I. Water consumption history. The Applicant shall submit to Approval of DSRSD the District a one-year interior water consumption history of Improvement 4/2012000 a similar establishment to more accurately determine how Plans much sewer capacity should the allocated to the project. 20 # CONDITION TEXT RESPON. WHEN HOW IS AGENCY REQtD CONDITION Prior to: SATISFIED? m. Recycled water irrigation. The proj ect is located within the Completion of DSRSD District Recycled Water Use Zone (Ord. 280), which calls Improvements 4/20/2000 for installation of recycled water irrigation systems to allow for the future use of recycled water for approved landscape irrigation demands. Recycled water will be available in the future. Unless specifically exempted by the District Engineer, compliance with Ordinance 280, as may be amended or superseded, is required. All irrigation facilities shall be subject to review for compliance with District and Department of Health Services Requirements for recycled water irrigation design. Tr8ShEncl()SllreS 60. Trash Bin Enclosures. All trash bin enclosures shall PL,PW, Building Standard be 10 feet by 12 feet in size for a single bin and 10 by LDD Permit 18 feet in size for two bins. Bins shall not be larger than 4 yards in capacity. A 10- foot deep concrete apron shall be installed in front of the entire width of the enclosure. The enclosure shall have a 6-inch by 6- inch curb on the inside of the enclosure wall to protect the walls of the enclosure from the bins. The enclosure shall be built of concrete block or equivalent and shall have metal doors. Chain link doors are not permitted. The doors must be designed so that they can be locked closed and can also be held open with pin locks during loading. Trash bin enclosures shall be finished so that they are architecturally compatible with the related main structure. Trash bin enclosures shall be properly maintained and free of graffiti. All trash bins used for this site shall be located within the trash bin enclosure(s) at all times unless being emptied. The container shall be covered and shall meet the requirements of the County Health Code, the Dublin San Ramon Services District and the National Pollution Discharge Elimination System. The final location of trash enclosures shall be determined prior to submittal of building plans to the review and approval of the City Planning Department, Public Works Department and the Livermore Dublin Disposal Service. ARCHAEOLOGY 61. Archaeology - Should any prehistoric or historic PL, PW, B Final Mitigation artifacts be exposed during excavation and Inspection of Measure No.1 construction operations, the Department of Grading Community Development shall be notified and work shall cease immediately until an archaeologist, who is 21 # CONDITION TEXT RESPON. WHEN HOW IS AGENCY REQ'D CONDITION Prior to: SATISFIED? certified by the Society of California Archaeology (SCA) or the Society of Professional Archaeology (SOP A), is consulted to evaluate the significance of the find and suggest appropriate mitigation measures, if deemed necessary, prior to resuming ground breaking construction activities. Standardized procedures for evaluating accidental finds and discovery of human remains shall be followed as prescribed in Sections 15064.5 and 15126.4 of the California Environmental Quality Act Guidelines. ARCHITECTURE . 62. The structure shall comply with the architectural PL Occupancy drawings submitted by Majors Engineering Company dated received March 24, 2000, and shall generally conform to the colors and materials book dated received March 24, 2000, on file in the City of Dublin Department of Community Development. 63. Exiting. Clear and unobstructed exists from the rear B Prior to ofthe building are not provided as shown: a) Second building exits are required from day care rooms with an permit occupant load greater than 7 children per Item 22, Table 10-A, 1998 CBC. b) A clear, continuous and unobstructed exit path to public way must be provided per Section 1006, 1998 CBC. The fences, gates and play areas obscure and obstruct the rear exiting. Generally, fences and gates are only acceptable when an area of refuge is provided in conformance with Section 1007.3.11, 1998 CBC. 64. Warming Kitchen. The "warming" kitchen shall be B Prior to separated from the daycare facility with a one-hour building minimum fire separation wall. Refer to Section 302, permit 1998 CBC. 65. Toilet room designation. Designate male and female B Prior to employee toilet rooms on the plans. Total number of building restroom fixtures shall be determined by the more permit conservative requirements of the 1998 CPC versus the 1998 CBC. LANDSCAPING 66. Final Landscape and Irrigation Plan. A Final PL,PW Prior to Landscape and Irrigation Plan prepared and stamped issuance of by a State-licensed landscape architect or registered Building engineer, generally consistent with the preliminary Permits landscape plan by Majors 2M Engineering, dated received March 24, 2000, along with a cost estimate of the work and materials proposed, shall be submitted 22 # CONDITION TEXT RESPON. WHEN HOW IS AGENCY REQ'D CONDITION Prior to: SATISFIED? for review and approval by the Community Development Director. Landscape and irrigation plans shall provide for a recycled water system. 67. Final Landscape Plan Review. The plant palette PL Issuance of COA varieties shall be shall be subject to review and Building approval of the Director of Community Development Permits and reviewed by the City's Landscape Architect to determine compatibility with reclaimed water use, where appropriate. An irrigation plan shall be submitted with Final Landscape Plans indicating that the system is designed for reclaimed water, where required by DSRSD. 68. Conflicts with Proposed Landscape Features. The PL,PW Approval of Standard final landscape and irrigation plans shall show Imp. Plans/ locations of all pedestrian lighting, utilities, drainage Issuance of ditches, and underdrains at bottom of slopes. Plans Building shall address tree planting within public service Permits easements to avoid conflicts with utilities and streetlights. 69. Landscaping of Trash Enclosures. The PL Prior to Applicant/Developer shall provide a two (2) foot wide issuance of landscape planter along the rear and sides of the trash Building enclosures and shall install vines that will grow Permits against the walls of the enclosure for screening purposes. 70. Standard Plant Material, Irrigation and PL Prior to Maintenance Agreement. The Applicant/Developer issuance of shall complete and submit to the Dublin Planning Building Department the Standard Plant Material, Irrigation and Permits Maintenance Agreement. 71. Landscape Borders. All landscaped areas shall be PL Prior to bordered by a concrete curb that is at least 6 inches issuance of high and 6 inches wide. Curbs adjacent to parking Building spaces must be 12 inches wide. All landscaped areas Permits shall be a minimum of 6 feet in width (curb to curb). Concrete mow strips at least 6 inches deep and 4 inches wide shall be required to separate turf areas from shrub areas. Landscape islands adjacent parking spaces shall have a 5 foot radius or be two feet shorter than the parking spaces. 72. Maintenance of Landscape. All landscape areas on PL Ongoing the site shall be enhanced and properly maintained at all times. 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. 23 # CONDITION TEXT RESPON. WHEN HOW IS AGENCY REQ'D CONDITION Prior to: SATISFIED? 73. Backflow Devises. Backflow devises shall be hidden PL Issuance of Standard from view by means of fencing, enclosures, Grading landscaping and/or berms. Permits 74. Water Efficient Landscape Regulations. PL,PW, Approval of Standard App1icant/Developer shall ensure that the Final DSR Final Landscaping and Irrigation Plan conforms to the City's Landscape Water Efficient Landscape Regulations, including Plans dual piping to facilitate future recycled water. 75. Lighting. Lighting in landscaped and hardscaped PL,PW Approval of Standard areas throughout the site shall be subject to the review Imp. Plans/ and approval of City's Landscape Architect, Planning, Issuance of and Public Works Departments, in consideration of Building IES standards for lighting in public/community areas. Permits A photometric plot shall be prepared to show the lighting intensity at all exterior areas of the site. Additional lighting shall be installed ifthe light levels at the ground surface fail to meet the standards set forth in the City's Security Ordinance. 76. Fire-Resistant and/or Drought Tolerant Plant PL,PW Approval of Standard Varieties. Final landscaping and irrigation plans shall Imp. Plans/ include fire-resistant and/or drought tolerant plant Issuance of varieties in the plant palette. Building Permits 77. Parking Lot MedianslIslands. All parking lot PL,PW Prior to medians/islands shall be landscaped and the issuance of landscaping shall be set back at least two (2) feet from Building the end of the parking stalls so that vehicles do not Permits damage the landscaping when pulling forward into the stall. 78. Landscaping at StreetIDrive Aisle Intersections. PW Prior to Landscaping at street and drive aisle intersections issuance of shall be such that sight distance is not obstructed. Building Except for trees, landscaping shall not be higher than Permits 30 inches above the curb in these areas. 79. Landscaping and Street Trees. The PL,PW Completion of Applicant/Developer shall construct all landscaping Improvements within the site, along the project frontage from the face of curb to the site right-of-way, and all street trees proposed within the public service easements, to the design and specifications of the City of Dublin, and to the satisfaction of the Director of Public Works and Director of Community Development. Street tree varieties of a minimum 15-gallon size shall be planted along all street frontages and shall be shown on the Landscaping plans. Exact tree locations and varieties 24 # CONDITION TEXT RESPON. WHEN HOW IS AGENCY REQtD CONDITION Prior to: SATISFIED? shall be reviewed and approved by the Director of Public Works. The proposed variety of trees to be planted adjacent to sidewalks or curbs shall be submitted for review to and approval by the Director of Public Works. Root shields shall be installed for trees planted closer than 5' to hardscape or curbs unless otherwise determined by the Director of Public Works and the Director of Community Development. 80. Retaining Walls. Where finish grade of this property PL,PW Issuance of is in excess oftwenty-four (24) inches higher or lower Occupancy than the abutting property or adjacent lots within the Permits project, a concrete or masonry block retaining wall or other suitable solution acceptable to the Director of Public Works shall be required and shall be measured from the top of grade on the higher side of the retaining wall or slope. Landscaping shall be installed around all retaining walls in order to soften grade transitions to the satisfaction of the Director of Public Works and the Director of Community Development. 81. ADA requirements. Provide a note on the Final Landscaping and Irrigation Plans stating that the play areas meet current ADA requirements. STANDARDS 82. Health, Design and Safety Standards. Prior to final PL,PW Occupancy of Standard approval allowing occupancy of the building, the Unit physical condition of the site shall meet minimum health, design, and safety standards including, but not limited to the following: a. The drive aisles and parking stalls shall be PL,PW Occupancy of Standard complete and free of building materials, dirt, Unit and/or debris to allow for safe traffic movements. b. All traffic striping and control signing in the PW Occupancy of Standard parking lot shall be repainted or installed to the Unit satisfaction ofthe Public Works Director. c. All new and existing parking lot lights shall be PW Occupancy of Standard energized and functional. Unit d. Any required repairs to the street, curb, gutter, PW Occupancy of Standard and/or sidewalk that may create a hazard shall Unit be completed to the satisfaction of the Public Works Director. e. All sewer clean-outs, water meter boxes, and PW Occupancy of Standard other utility boxes shall be set to grade, and Unit appropriate covers shall be installed. f. The building shall have Building Department PW,B Occupancy of Standard final approval for occupancy. Unit 25 # CONDITION TEXT RESPON. WHEN HOW IS AGENCY REQ'D CONDITION Prior to: SATISFIED? MISCELLANEOUS CONDITIONS 83. Public Facilities Fee - The developer shall pay a PL Building Standard Public Facilities Fee in the amounts and at the times Permit set forth in City of Dublin Resolution No. 60-99, adopted by the City Council on April 6, 1999, or in the amounts and at the times set forth in any resolution revising the amount of the Public Facilities Fee, as implemented by the Administrative Guidelines adopted by Resolution 195-99. A preschool is determined to be an industrial use which will result in the lowest fee. 84. Hold Harmless. The Applicant/Developer shall hold PL,PW Ongoing Standard the City harmless for all costs and expenses, including attorney's fees, incurred by the City or held to be the liability of the City in connection with the City's defense of its actions in any proceeding brought in any State or Federal court challenging the City's actions with respect to the Applicant/Developer's project. 85. Compliance With Requirements. F,PW, Approval of Standard Applicant/Developer shall comply with all applicable PO, Zone Improvement requirements of the Alameda County Fire Department, 7,DSR, Plans Public Works Department, Dublin Police Service, PL Alameda County Flood Control District Zone 7, and Dublin San Ramon Services District. 86. Building Permits. To apply for building permits, B Issuance of Standard Applicant/Developer shall submit thirteen (13) sets of Building construction plans to the Building Department for plan Permits check. Each set of plans shall have attached a copy of these Conditions of Approval with the "How is Condition Satisfied?" column filled out. 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/Deve10per will be responsible for obtaining the approvals of all participating non-City agencies prior to issuance of building permits. 87. Containment of Trash & Debris. Measures shall be PW During PW taken to contain all construction-related trash, debris, Construction and materials on-site until proper disposal can be arranged. The Applicant/Developer shall keep the adjoining public streets and sidewalk area clean and free of dirt, debris, and materials at all times during the construction period. All costs associated with the City's efforts to mitigate a hazard as a result of the Applicant's/Developer's failure to comply shall be 26 # CONDITION TEXT RESPON. WHEN HOW IS AGENCY REQtD CONDITION Prior to: SATISFIED? borne by the Applicant/Developer. 88. Temporary Construction Fencing. The use of PW,B During PW temporary construction fencing shall be installed to Construction safeguard the public during construction of the new building and site improvements. Said fencing shall be subject to the review and approval of the Public Works Director and the Building Official. 89. Aboveground Utility Screening. All above-ground PL,PW Approval of Standard utilities that cannot be placed underground (i.e. Improvement backflow prevention devices, electrical transformers) Plans shall be screened using landscaping or an architectural feature acceptable to the Director of Community Development and Public Works Director. ENERGY CONSERVATION 90. Energy Conservation. Building plans shall PL,PW Issuance of Standard demonstrate the incorporation of energy conservation Building measures into the design, construction, and operation Permits of the proposed development. PASSED, APPROVED AND ADOPTED this 13th day of June, 2000. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Community Development Director g:00-004/pccupsdrreso 27