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HomeMy WebLinkAbout02-009 ArmstrngGrdnCntr08-13-2002AGENDA STATEMENT PLANNING COMMISSION MEETING DATE: August 13, 2002 SUBJECT: ATTACHMENTS: ~ ~ PA 02-009 Armstrong Garden Center -Specific Plan Amendment, Planned Development Rezoning, Conditional Use Permit, Site Development Review, and Sign/Site Development Review Prepared by Janet Harbin, Senior Planner ~/ 1 3 2. 53 3. sa 4. ~~ 5. ~ 6. Resolution recommending City Council adopt the San Ramon Specific Plan Amendment Resolution recommending City Council approval of the Conditional Use Permit, Site Development Review and Sign/Site Development Review (with Project Plans attached as Exhibit A and Materials and Colors Illustration attached as Exhibit B) Resolution recommending City Council adopt the Ordinance approving the Planned Development (PD) District Rezoning and Development Plan (with Development Plan attached as Exhibit C) Project Plans (full size) Site Photos Letters of Support for the Project RECOMMENDATION: 1. Open public hearing and hear Staff presentation. 2 Take testimony from the Applicant and the public. 3. Question Staff, Applicant and the public. 4. Close public hearing and deliberate. 5. Adopt Resolution recommending City Council adopt the San Ramon Specific Plan Amendment 6. Adopt Resolution recommending City Council adopt the ordinance approving the Planned Development (PD) District Zoning and Development Plan 7. Adopt Resolution recommending City Council approve the Conditional Use Permit, Site Development Review and Sign/Site Development Review PROJECT DESCRIPTION: On February 5, 2002, the City Council approved Resolution No.14-02 authorizing initiation of the Armstrong Garden Center Specific Plan Amendment Study for the San Ramon Road Specific Plan at the request of Armstrong Garden Centers. The San Ramon Road Specific Plan does not allow for garden centers or stores in Area 3 of the Plan. This amendment would change that provision and allow for a garden center/store as a conditional use. Additionally, an amendment to the Circulation System Section of the Specific Plan for Area 3 is required to reflect the new location of the drive aisle accessway for consistency with the proposed project plans. COPIES TO: Applicant Property Owner PA File Project Manager ITEM NO. The Applicant is also requesting approval of a Planned Development (PD) District Rezoning, Conditional Use Permit, Site Development Review, and Sign/Site Development Review to construct an approximately +30,810 square foot retail garden store/center consisting of a 6,400 square foot retail sales building and adjacent 24,410 square foot outdoor storage/display area, with an exemption to the standard parking requirements. No plants would be grown on the premises. The plants and other garden items sold at the garden center would be brought in from Armstrong's distribution centers located in southern California. The project site is located at 7360 San Ramon Road, at the northwest corner of San Ramon Road and Amador Valley Court (the continuation of Amador Valley Boulevard). Required Approvals: The project requires the following planning approvals: 1) An amendment to the San Ramon Road Specific Plan to: a. to allow a garden center/store as a conditional use instead of a prohibited use b. to amend the Circulation System Section for the site access 2) A PD District rezoning and Site Development Review (a requirement of the San Ramon Road Specific Plan) that includes a Stage 1 and Stage 2 Development Plan for construction of the garden center, parking area and landscaping 3) A Conditional Use Permit to allow a garden center/store, with an exemption from standard parking requirements for the garden center 4) A Sign/Site Development Review for the wall signs to be attached to the building on the east and south side roadway frontages. General Plan/Specific Plan/Zoning: The proposed Armstrong Garden Center project complies with the existing General Plan land use designation for the project site which is Retail/Office. The project is located within Area 3 of the San Ramon Road Specific Plan and the existing zoning is C-1, Retail Commercial Zoning District. The proposed use would be consistent with the new Planned Development (PD) Zoning District designation in conjunction with the requested Conditional Use Permit and Specific Plan Amendment. The project site is adjacent to the Sleep Shop, Ltd. retail store to the north, the KinderCare Learning Center to the west, and across Amador Valley Court is the Stroud's Plaza which are designated as Retail/Office on the General Plan. The proposed garden center use is compatible with these retail and commercial uses as it has the same General Plan designation and would provide an additional retail and commercial service use to the general area. Specific Plan Amendment The project site is within the boundaries of the San Ramon Road Specific Plan. The geographic designation of the project site in the Specific Plan is "Area 3" (San Ramon properties). This designation allows for the development of retail shopper stores oriented to providing additional comparison shopping goods for both Dublin and nearby community residents. It is the intent of the Specific Plan that the principal uses within Area 3 be reserved for retail commercial stores. Under certain circumstances, a limited amount of development may occur for other types of uses such as personal service, financial institutions or office uses. The Specific Plan presently identifies garden stores as a prohibited use in this Specific Plan area. According to the Plan, "garden stores" are prohibited uses because they are considered other retail stores and service-type uses that do not fall within the "retail shopper" store category. The area was considered by the Plan as having the best potential for the development of retail stores oriented to 2 providing additional comparison shopping for both Dublin and the nearby community residents. The prohibition of uses such as a garden store in this area was based on a mazket study completed for the Plan in 1983, which indicated that there was not enough residential development to support more retail and service-type stores in the downtown azea. However, since the adoption of the Plan in 1983, the City has approved additional residential development throughout the City, in particular, the 174 multi-family unit residential project (Kildaza) just west of the project site, which would now support an up-scale retail gazden center store as proposed by Armstrong Garden Center. As a result of present market conditions and the demographics of the community, the Plan should be amended to allow retail gazden centers/stores as conditionally permitted uses which would result in no land use conflicts with the Plan. Additionally, it is recommended that this use be added to the Plan as a use requiring a Conditional Use Permit for consistency with the provisions of the existing C-l, General Commercial Zoning District where the site is located. Amending the Specific Plan to allow a garden center/store as a conditional use would not result in land use conflicts with the provisions of the City's Zoning Ordinance or General Plan because a Conditional Use Permit provides for the review of a development proposal by the Planning Commission and the application of conditions of approval will insure that the intent of the Zoning Ordinance is met. On September 8, 1986, the San Ramon Specific Plan Circulation System Section was amended (City Council Resolution No. 102-86) to include a reference to the development of two shared driveways on the north side of Amador Valley Court (previously called the Amador Valley Boulevard extension). The Specific Plan Circulation System Section should be amended with this project to remove the reference to one of the shared driveways as the garden center has been designed to eliminate the shazed driveway closest to the intersection of Amador Valley Court and San Ramon Road. This driveway presently provides access to the Sleep Shop, Ltd. property and the adjacent McNamara's restaurant. However, this accessway will be replaced with a shared driveway providing access to the garden center parking lot and also to the rear and side of the Sleep Shop building and the restaurant with the project (see Site Plan, Sheet --, Exhibit A). The project has been designed to eliminate the shazed driveway closest to the intersection to provide a view of awell-landscaped outdoor garden sales area at this major intersection, rather than a view of an accessway and paved parking lot. Additionally, the shazed driveway eliminated with the project is located less than 150 feet (approximately 120 feet) from the roadway intersection and conflicts with right and left-turn movements at the corner of Amador Valley Court from San Ramon Road. The amendments to the Specific Plan are contained in the Resolution in Attachment 1. Planned Development District Rezoning According to the "General Development Criteria -Zoning" section of the San Ramon Road Specific Plan, all new development proposals within the Specific Plan area require a Planned Development Zoning approval. A Planned Development (PD) Zoning District and Development Plan (Stage 1 and 2) has been prepared for the project (see Resolution, Exhibit C, of Attachment 3). Except as specifically modified by the provisions of the PD District Rezone and Development Plan, the use, development, improvement and maintenance of the 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. The Stage 1 and Stage 2 Development Plan includes development standards, such as permitted and conditional uses, site area densities, development standards, and the project plans in Exhibit A of Attachment 2. The Planned Development Zoning District and Development Plan is consistent with the San Ramon Road Specific Plan as it permits garden centers/stores as a conditional use. 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 the medium to high density residential uses to the west. Conditional Use Permit The Conditional Use Permit for this project covers the establishment of an approximately 30,810 squaze foot retail garden center, and an exemption from the standard parking requirements for the commercial facility. The site previously contained a 7,200 square foot hardwaze store which was destroyed in a fire several years ago. Since that time, the site has been vacant except for the concrete pad from the previous building and several trees. The Applicant is proposing to construct a 6,400 square foot single story building for the retail use with 24,410 squaze feet of outdoor display area for plants and landscaping. An 8-foot high decorative wrought iron fence designed to allow viewing of the plants and landscaping on display inside the facility would surround the building and outdoor display area. A 10-foot high fence is normally required in commercial areas for outdoor storage areas, but because of the nature of the garden center with well- maintained landscaping and the highly visible location, an 8-foot high fence is appropriate for this location. Within the outdoor display area, a 7,255 square foot trellis shade structure will be constructed for the display of plants and garden items. The garden center would serve residences and businesses in the community and region by providing an upscale retail store for gardening and landscaping needs. The gazden center has been designed by the Applicant to minimize any adverse impacts of the operation on the neighborhood. The garden center is proposed to open at 9:00 am, after the usual morning peak hour traffic and drop-off at the adjacent KinderCaze daycare facility, and close at 5:30 pm during the fall and winter months, and 6:30 pm in the spring and summer. Approximately 60% of the garden center's retail business occurs on weekends when KinderCare is not in session and the usual weekday peak hour traffic does not occur. The operation would have two to five deliveries per day, and deliveries would take place during the centers hours of operation, between 9:00 am and 5:00 pm. The garden center would have four to seven employees at the store throughout the hours of operation. The Applicant has discussed the project with representatives of the Kildara Homeowners' Association, and the project was well received. Several letters of support for the garden center have been received from property owners in the Kildara residential development and are attached as Attachment 6. Parking and Access Armstrong Garden Centers is also requesting an exemption from the parking requirements of the Zoning Ordinance as allowed by the San Ramon Road Specific Plan for the retail garden facility. The parking lot for the center is proposed in the west portion of the property and is accessed by a driveway off Amador Valley Court that provides shared access to the Sleep Shop and McNamara's. The Zoning Ordinance requires a total of forty (45) pazking spaces for the proposed use, which based on the traffic study prepazed for a similar garden center project and the additional information on parking needs for the use submitted by the Applicant, is excessive. According to this information twenty-nine (29) pazking spaces are adequate for the project based on research completed for other garden center facilities developed in southern California by the Applicant. The Public Works Division has reviewed this information and has stated that a reduced number of spaces in the lot should be adequate. 4 With the 25%pazking ratio reduction under the Specific Plan, the gazden center would be required to provide 34 parking spaces. The Site Plan, in Exhibit A of Attachment 2, shows 33 parking spaces on site and three additional pazking spaces in the adjacent KinderCaze parking lot for use by the garden center, for a total of 36 parking spaces. The Applicant will be developing six parking spaces in the KinderCaze parking lot under a shared use agreement with KinderCaze, but proposes to use only three of the spaces. The Conditions of Approval in Attachment 2 require that the Applicant enter into such an agreement with KinderCare. With 36 parking spaces, the parking shown on the plan would be adequate for the proposed use. However, located in parking space 13 on the Site Plan (Exhibit A, Attachment 2), is a 23" diameter oak tree in healthy condition proposed for removal with development of the parking lot. Although the City's Heritage Tree Ordinance designates all oaks 24" in diameter as heritage trees and preservation is required, Staff believes that the 23" diameter oak should be preserved, if possible, with the development of the project but it could result in a loss of pazking spaces in the lot. Because preserving the oak may require the other parking spaces to be setback from the base of the tree at least six feet and the installation of pervious material in this area may be necessary for the tree to maintain healthy, the gazden center parking lot many lose two or three parking spaces. The exact number of spaces that will be lost are unknown until actual site preparation occurs and the location of the tree's root structure below grade can be examined by a license arborist. If two stalls aze needed to preserve the tree, the lot would contain 34 spaces and still meet the minimal requirement for pazking for the use. Should three stalls be needed to preserve the tree, the pazking lot would contain 33 spaces and be one space short of the required 34 spaces. A condition has been included in the Conditions of Approval in Attachment 2 requiring that a licensed azborist be retained to monitor the site preparation in the vicinity of the tree and determine the appropriate measures to be taken to ensure damage to the tree is minimized. If more than two pazking stalls aze needed to preserve the tree, the Applicant will be required to develop an additional space in the KinderCare parking lot or another adjacent parking area. The resolution of this issue will be completed prior to building permit issuance. Site Development Review Design The "General Development Criteria" of the San Ramon Road Specific Plan addresses the compatibility of uses and requires 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, street side design treatment, distance between buildings, loading areas, walls and fences and pedestrian/bicycle and service circulation. The main architectural theme of the building to be constructed for the garden center is reflective of the agricultural era in California and that of Dublin. The building is a single-story structure that is 31 feet 5 inches high at the top of the cupola (see Elevations in Exhibit A, Attachment 2) and resembles a barn in detail with a 3-foot high weathervane. The 11 foot high trellis, in front of the building and most visible from the intersection of Amador Valley Court and San Ramon Road, will be constructed of wood and painted a wood tone. This architectural style is compatible with and compliments the architecture styles of the surrounding commercial development such as Stroud's Plaza, the Kildaza residential community, and KinderCare which have stucco/plaster siding and terra cotta the roofs. The proposed building will incorporate a soft neutral gray color with a dark green roof and accents. Additional white accents will be on the door and window trim, and also on the building walls. The color of the wrought iron fence will match the green roof and accent color. Landscaping and Corner Accent Feature The proposed landscaping for the garden center site complies with and exceeds the requirements of the City's Zoning Ordinance. A newly landscaped area approximately eight feet wide containing trees and shrubs will be installed between the pazking lot and the parking lot for KinderCaze. The entrance to the parking lot will be landscaped and the preservation of the oak tree in the parking lot will enhance the aesthetic appearance of the project and provide the necessary shade relief for people and automobiles, thereby reducing the heat and glare generated by the development. There are seven mature trees currently located on the site. Four of the trees will remain as part of the landscaping for the new development. However, a mature eucalyptus tree and a small unhealthy oak tree (measuring less than 24" in diameter) will require removal when the project is constructed. Along the Amador Valley Court frontage, the Applicant proposes to install aten-foot deep landscaped azea in front of the wrought iron fencing containing trees and shrubs, and a gravel plant bed behind the fence. The Applicant has agreed to assume the maintenance responsibility for the landscaping in front of the project site along San Ramon Road and install a corner accent feature at the intersection of Amador Valley Court and San Ramon Road. The corner accent feature design is shown in Exhibit A of Attachment 2 and will consist of a lighted fountain element surrounded by pavers with a bench. Specialty landscaping will be located behind a short wall in back of the bench and contain a vaziety of trees and shrubs. Additionally, shrubs will be planted in front of the fence surrounding the outdoor display area of the center and the existing landscaping will be enhanced with shrubs and vegetation. The Applicant will install the trees fronting on the two roadways in compliance with the Public Works Depaztment standazds, submit a Final Landscape and Irrigation Plan with their building plans, and include landscaping information for all proposed landscaping and documentation for compliance with the City's Water Efficient Landscaping Ordinance. On-and Off-Site Circulation According to the Public Works Department and the traffic study conducted by Omni-Means dated June 30, 2002 for the project, the on and off=site circulation patterns are adequate and no significant traffic impacts will result from the volume of traffic generated by the project. The Applicant will be responsible for widening Amador Valley Boulevard to four lanes at the intersection with San Ramon Road. This will facilitate traffic movement on and off San Ramon Road and the project site, thereby mitigating any potential traffic congestion that may result from the project. The applicant will be required to follow City, County and State design standazds regazding roadway and access design. The applicant will also be required to comply with City and Fire Department standazds regarding access for emergency services. In general, when roadways are improved to public street standazds as required for Amador Valley Court with this project, parking would be permitted along the roadway. However, a resident of the Kildaza residential development west of the project site has expressed concerns about visibility along Amador Valley Court if parking is permitted and potential conflicts between vehicles traveling on the roadway and those turning left from the site accessway on to Amador Valley Court. Because of this concern, the Public Works Division has determined that the "No Parking" signs on Amador Valley Court should remain, and if there is a need for more parking for businesses in the area in the future, the removal of the signs would be evaluated. A stop sign was also evaluated for the cars exiting the garden center parking area to prevent accidents at that location. However, the traffic study did not recommend a stop sign as 6 the volume of traffic generated by the project and the surrounding commercial uses did not warrant a stop sign at that location. This project is not in conflict with adopted policies supporting alternative transportation. A public pedestrian bike trail is located east of the project site, between the site and street curb along San Ramon Road. Bicycle and pedestrian, including handicapped access is adequate to the site and ative-foot wide sidewalk has been provided along Amador Valley Court connecting to a walkway to the main entry of the garden center. A bike rack is required as a standard condition of approval (see Conditions in Resolution in Attachment 2). Calaveras Fault The project site is located within the "Special Study Zone" at the south-central extent of the San Ramon Valley. A trace of the Calaveras Fault, an active fault, was mapped at the project site and the main trace of the Calaveras Fault may lie beneath San Ramon Road. The Guiding Policy of the Seismic Safety Element of the Dublin General Plan indicates that geologic hazards must be mitigated or development is to be located away from geologic hazazds 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 are to be designed to the standards delineated in the Uniform Building Code and the Dublin Grading Ordinance. Generally, facilities should not be built astride potential rupture zones, although certain low-risk facilities may be considered. A Geotechnical Investigation and Report was prepared by the consulting firm of Tong & Chang Consultants, Inc. for a previously approved project, the Rite Aid drugstore, on the site in 1998. The Applicant has incorporated the recommendations of the report in the design of the project and site plan, and has located the retail building 138 feet from San Ramon Road and approximately 40 feet from the fault zone. The outdoor display area and wood trellis are located within the portion of the site which would be most severely impacted by ground shaking or rupture should there be an earthquake along the fault trace. As the geotechnical investigation and report were prepazed four yeazs ago, the Applicant will be required to retain a licensed Geotechnical Engineer to prepaze a Final Geotechnical & Soils Investigation for the site prior to issuance of any building permits for the project. The report must verify that the appropriate building and accessory structure setbacks from the existing earthquake fault that traverses the site are incorporated into the project design. The design of the underground utilities, grading, paving, retaining walls, and foundations shall be based on recommendations outlined in said Report. The Applicant will 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. The Geotechnical Engineer for the Applicant must certify that the design and structural setbacks conform to the recommendations before the City issues aGrading/Site Development Permit (see Conditions in Resolution, Attachment 2). Signage As part of the project submittal, the Applicant has applied for Sign/Site Development Review for the two wall signs proposed to be attached to the building. Sign/Site Development Review is required for the proposed Signage as the Sign Regulations of the Zoning Ordinance (Chapter 8.84) permit a maximum sign height of 2 feet 6 inches, and a maximum length of 24 feet. However, with Sign/Site Development Review, the height and length of the Signage may be increased. The Applicant is proposing to construct a sign with two lines of lettering or sign copy which is 4 feet 6 inches in height and approximately 19 feet in length for the wall of the building fronting on San Ramon Road (see Exhibit B, Attachment 2). The height of the sign exceeds the maximum allowed under the 7 Sign Regulations. However, because the building is setback approximately 138 feet from the street, the increased sign copy size is appropriate. The colors used for the signage would reflect the dark green accent color used on the building and also a deep shade of red that compliments the gray used on the building wall. Additionally, a second wall sign is proposed for the south side of the building fronting on Amador Valley Court. This sign would consist of the same style of sign copy and lettering as the sign facing San Ramon Road, but would consist of only one line of lettering that would be approximately 35 feet in length. Although this would exceed the allowable length of 24 feet for wall signs, the increased length is appropriate as the south side of the building is setback approximately 80 feet from Amador Valley Court at the midpoint of the building wall. The overall squaze footage of each sign would be approximately 95 square feet. The Sign Regulations allow up to 1.5 squaze feet of wall sign area for each lineal foot of tenant space frontage with Site Development Review. Using this calculation, 200 square feet of sign area would be permitted for the east wall of the building and 175 squaze feet would be permitted for the south wall of the building. Therefore, the sign copy area for each sign would be within the perimeters of that allowed under the ordinance with Sign/Site Development Review. The signage proposed for the building will be of a higher design quality and complimentary to both the building and the azea than would otherwise result under the City's standard sign regulations. ENVIRONMENTAL REVIEW 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 the is Categorically Exempt from the provisions of CEQA, the State CEQA Guidelines and the City of Dublin Environmental Guidelines, under Section 15061(b)(3) and Section 15332, Class 32, as there is no potential for significant environmental effects to occur as a result of the project and the project would be located on an infill site which was previously improved for a retail commercial development (hardware store). A Negative Declazation has not been prepared because the project is exempt and has no potential to create a significant effect on the environment. CONCLUSION All potential impacts associated with the project have been, or will be addressed, either through the design of the project, and/or through conditions of project approval. The project, as conditioned, including the PD District Development Plan complies with the City's General Plan, Zoning Ordinance, and the San Ramon Road Specific Plan and is compatible with other land uses (i.e. retail commercial and residential), transportation and service facilities, and commercial and residential structures in the vicinity. RECOMMENDATION Staff recommends that the Planning Commission: 1. Open public hearing and hear Staff presentation. 2. Take testimony from the Applicant and the public. 3. Question Staff, Applicant and the public. 4. Close public hearing and deliberate. 5. Adopt Resolution recommending City Council adopt the San Ramon Specific Plan Amendment. 6. Adopt Resolution recommending City Council adopt the ordinance approving the Planned Development (PD) District Zoning and Development Plan. 7. Adopt Resolution recommending City Council approve the Conditional Use Permit, Site Development Review and Sign/Site Development Review GENERAL PROJECT INFORMATION: APPLICANTS: OWNERS: LOCATION: ASSESSOR PARCELS: GENERAL PLAN DESIGNATION: SPECIFIC PLAN DESIGNATION: EXISTING ZONING Ted Stelzner, TSJ Architects 1208 N. Euclid Ave. Ontazio, CA 9] 762 Armstrong Garden Centers 2200 E. Route 66, Suite 200 Glendora, CA 91740 John Nichandros, 7360 San Ramon Road, Dublin, CA 94568 7360 San Ramon Road 941-0040-002-03 and 941-0040-003-02 Retail/Office San Ramon Road Specific Plan, Area 3 (retail shopper stores) AND LAND USE: C-1, Retail Commercial Zoning District Currently vacant (previously developed with a hardware store) SURROUNDING GENERAL General Plan/Specific Plan PLAN, ZONING, AND Retail/Office LAND USE: Medium High Density Residential Downtown Specific Plan Zoning C-1, Retail Commercial Zoning District PD District (commercial) PD District (residential) Land Use Retail commercial (shopping center; restaurant) Residential (townhomes) g:PA/02-009/PC-sr 9 RESOLUTION NO. 02- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT PA 02-009 ARMSTRONG GARDEN CENTER SPECIFIC PLAN AMENDMENT TO AREA 3 (SAN RAMON PROPERTIES) OF THE SAN RAMON ROAD SPECIFIC PLAN WHEREAS, the Applicant, Ted J. Stelzner of TJS Architects, Inc., on behalf of Armstrong Garden Centers, has requested approval of an amendment to the San Ramon Specific Plan to modify Area 3 of the Specific Plan to allow a garden store/center as a conditional use and to amend the Circulation System Section of the Specific Plan for Area 3 to reflect the new location of the drive aisle accessway for consistency with the proposed project plans; and WHEREAS, the Applicant is also requesting approval of a Planned Development (PD) District Rezoning, Conditional Use Permit, Site Development Review, and Sign/Site Development Review to construct an approximately 30,810 square foot retail gazden store/center, consisting of a 6,400 square foot retail sales building and adjacent 24,410 square foot outdoor storage/display azea, with an exemption to the pazking requirements, which is located at 7360 San Ramon Road, within the San Ramon Road Specific Plan and the C-1, Retail Commercial Zoning District; and WHEREAS, the City adopted the San Ramon Specific Plan on July 25, 1983 which was prepazed pursuant to Government Code Sec. 65450 et seq., and amended on November 28, 1983, September 8, 1986, and September 22, 1986; and, WHEREAS, the City Council approved Resolution No.14-02 authorizing initiation of the Armstrong Gazden Center Specific Plan Amendment Study for the San Ramon Specific Plan on February 5, 2002; and WHEREAS, the San Ramon Specific Plan includes permitted land uses, development standards, urban design guidelines, transportation improvements and implementation programs to achieve the goals of the Dublin General Plan; and, WHEREAS, Area 3 of the San Ramon Road Specific Plan allows for the development of retail shopper stores oriented to providing additional comparison shopping goods for both Dublin and nearby residents; and WHEREAS, it is the intent that the principal uses within Area 3 be reserved for retail shopper stores; and WHEREAS, Area 3 regulations prohibit gazden stores or centers; and WHEREAS, the intent of prohibiting garden stores was to prohibit certain retail store and personal service type uses based on an insufficient amount of residential development to support more uses of this nature within the downtown area; and ATTACHMENT 1 WHEREAS, since the adoption of the San Ramon Road Specific Plan in 1983, the City has approved additional residential development throughout the City, including the multi-Family residential project just west of the project site, which would now support a retail garden store/center type use; and WHEREAS, the City's Zoning Ordinance allows plant nurseries or garden stores within commercial centers as a conditional use within the C-1 and C-2 Zoning Districts; and WHEREAS, the retail gazden center would not result in land use conflicts with the San Ramon Road Specific Plan, the City's Zoning Ordinance or General Plan because a Conditional Use Permit provides for the review of a development proposal by the Planning Commission and the application of conditions of approval to insure that the intent of the Zoning Ordinance is met; and WHEREAS, the proposed retail gazden center use will be compatible with the existing and future development in the surrounding area. The proposed gazden center use will provide a commercial service and retail use consistent with the adjacent shopper goods uses and will offer goods and services which typically benefit and support residential uses; 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 the is Categorically Exempt from the provisions of CEQA, the State CEQA Guidelines and the City of Dublin Environmental Guidelines, under Section 15061(b)(3) and Section 15332, Class 32, as there is no potential for significant environmental effects to occur as a result of the project and the project would be located on an infill site which was previously improved; and WHEREAS, the Planning Commission held a public hearing on said application on August 13, 2002; 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 of the project; 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 RESOLVED THAT the Dublin Planning Commission does hereby adopt a Resolution recommending City Council adoption of the San Ramon Road Specific Plan amendment to allow a gazden center/store as a conditional use within Area 3, and amend the Circulation System Section of the Specific Plan for Area 3 to reflect the new location of the shazed drive aisle accessway for consistency with the proposed project plans. This Amendment is subject to the following: AMENDING AREA 3 LAND USE PLAN AS FOLLOWS: Adding to Conditional Uses g. Garden Centers/Stores 2. Modifying the list of Prohibited Uses to delete garden stores as follows: All other retail stores and personal services not mentioned above including new and used vehicle sales and/or vehicle repair and service, service stations, banks, dry cleaners, medical services, mss, auto parts stores, and other similar stores and services. AMENDING AREA 3 CIRCULATION SYSTEM SECTION AS FOLLOWS: Development of five a "shared driveways" on the north side of the Amador Valley Boulevard extension respectively located "~ approximately 430 250+ feet west of San Ramon Road. PASSED, APPROVED AND ADOPTED this 13"' day of August, 2002. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Manager g:\02-009\SPA Reso - PC RESOLUTION NO. 02- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL APPROVAL OF PA 02-009 ARMSTRONG GARDEN CENTER FOR A CONDITIONAL USE PERMIT, SITE DEVELOPMENT REVIEW AND SIGN/SITE DEVELOPMENT REVIEW REQUEST TO CONSTRUCT A X0,810 SQUARE FOOT RETAIL GARDEN CENTER CONSISTING OF A 6,400 SQUARE FOOT BUILDING AND ADJACENT OUTDOOR STORAGE/DISPLAY AREA, WITH AN EXEMPTION/REDUCTION TO PARKING REQUIREMENTS LOCATED AT 7360 SAN RAMON ROAD WHEREAS, the Applicant, Ted J. Stelzner of TJS Architects, Inc., on behalf of Armstrong Garden Centers, has requested approval of an amendment to the San Ramon Specific Plan, PD Rezoning, Conditional Use Permit, Site Development Review and Sign/Site Development Review to construct an approximately 30,810 square foot retail garden center, consisting of a 6,400 square foot retail sales building and adjacent 24,410 square foot outdoor storage/display area, with an exemption to the parking requirements, which is located at 7360 San Ramon Road, within the San Ramon Road Specific Plan and the C-1, Retail Commercial Zoning District; and WHEREAS, a complete application for the above noted entitlement request is available and on file in the Department of Community Development; and WHEREAS, Applicant/Developer has submitted project plans and exterior elevations dated received on July 3, 2002, for a Conditional Use Permit, Site Development Review and Sign/Site Development Review for the approximately 30,810 square foot retail garden center; 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 is Categorically Exempt from the provisions of CEQA, the State CEQA Guidelines and the City of Dublin Environmental Guidelines, under Section 15061(b)(3) and Section 15332, as there is no potential for significant environmental effects to occur as a result of the project and the project would be located on an infill site which was previously improved; and WHEREAS, the City adopted the San Ramon Specific Plan on July 25, 1983 which was prepared pursuant to Government Code Sec. 65450 et seq., and amended on November 28, 1983, September 8, 1986, and September 22, 1986; and, WHEREAS, the Specific Plan includes permitted land uses, development standards, urban design guidelines, transportation improvements and implementation programs to achieve the goals of the Dublin General Plan; and, WHEREAS, the Planning Commission does find it appropriate to amend the allowed land uses in the Land Use Plan for Area 3 to add garden stores/centers as a conditional use, and to amend the Circulation System Section of the San Ramon Specific Plan for Area 3 to reflect the new location of the drive aisle accessway for consistency with the project plans, and to modify the text of the Specific Plan to accordingly; and, ATTACHMENT 2 WHEREAS, the Planning Commission did hold a public heazing on the project on August 13, 2002 on the Specific Plan Amendment for the San Ramon Specific Plan, Planned Development Rezoning, Conditional Use Permit, Site Development Review, and Sign/Site Development Review and recommended approval of the project to the City Council; and WHEREAS, the Planning Commission transferred original heazing jurisdiction for this project to the City Council pursuant to Section 8.96.020.C.3 of the Zoning Ordinance. WHEREAS, proper notice of said public heazing was given in all respects as required by law; and WHEREAS, a properly noticed public hearing was held by the Planning Commission on August 13, 2002; and WHEREAS, a Staff Report was submitted to the Planning Commission recommending that the City Council approve the application; and WHEREAS, the Planning Commission did hear and use their independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth; and WHEREAS, the Planning Commission has found that the proposed project is appropriate for the subject site NOW, THEREFORE, BE IT RESOLVED THAT THE Planning Commission of the City of Dublin does hereby find that: A. The proposed operation of a retail garden center facility within Area 3 of the San Ramon Road Specific Plan and the Conditional Use Permit for PA 02-009 is compatible with other land uses (i.e. retail commercial and residential), transportation and service facilities in the vicinity because the proposed garden center use will provide a commercial service and retail establishment use consistent with the adjacent downtown uses and will offer goods and services which typically benefit neazby residential uses. B. The proposed uses 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 welfaze because there aze no potential environmental impacts associated with the project which is proposed for a previously developed site. C. The uses will not be injurious to property or improvements in the neighborhood because features have been incorporated into the project or the project is conditioned to comply with all Building and Fire Department requirements, Planning and Public Works Department requirements regarding on and hazardous materials useage and storage, pesticide and herbicide useage, 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 the site incorporated into the project 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 use and related structures being proposed because the project is located on relatively flat land which had been previously developed and improved within an urbanized area and located adjacent to existing retail commercial uses and medium density residential uses. F. The Armstrong Garden Center use is not contrary to the specific intent clauses, development regulations, and performance standards established for the PD Planned Development and C-1 Retail Commercial Zoning Districts because the conditions of approval for the Conditional Use Permit and Site Development Review for PA 02-009 are required to insure that the retail gazden center use, which will be supportive of surrounding retail and residential uses through the provision of retail garden services for adjacent and nearby residents in the surrounding azea and of similaz surrounding retail commercial uses, will be compatible with those uses. G. The approval of this application, as conditioned, complies with the Dublin General Plan, the San Ramon Road Specific Plan, the PD Planned Development and C-1 Retail Commercial Zoning Districts regulations, and the general requirements established in the Dublin Zoning Ordinance. H. The Armstrong Garden Center project is consistent with the intent and purpose of Chapter 8.104 Site Development Review of the Zoning Ordinance. The approval of this application, as conditioned, is in the best interest of the public health, safety and general welfare. J. The proposed site development, including site layout, structures, vehicular access, circulation, setbacks, height, fencing, public safety and similar elements has been designed to provide a desirable environment for the developments. K. The proposed parking lot will provide sufficient parking for the garden center use with the allowed 25% reduction in accordance with the Specific Plan and based on the evidence provided by the Applicant for other developed garden center retail stores. L. Architectural considerations, including the character, scale and quality of the design, the azchitectural relationship with the site and other buildings; building materials and colors; screening of exterior appurtenances; and exterior lighting and similar elements have been incorporated into the project 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. M. The proposed signage for the project is compatible with the design of the garden center, surrounding uses, and other design elements in the project. N. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, the proposed corner accent area and similar enhanced landscaping elements have been considered to ensure visual relief and an attractive environment for the public. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission hereby recommends the City Council approve PA 02-009 Armstrong Gazden Center PD Rezoning, Conditional Use Permit, Site Development Review, and Sign/Site Development Review request to construct an approximately 30,810 square foot retail garden center at 7360 San Ramon Road and to allow a 25% reduction in the parking requirements in accordance with the provisions of the San Ramon Specific Plan, as generally depicted by the plans, labeled Exhibit A, consisting of 17 sheets prepared by TSJ Architects, Environmental Design Systems, and Alexander & Associates, Inc., dated received by the Planning Department on July 3, 2002, subject to the approval of the related San Ramon Road Specific Plan Amendment and compliance with the following conditions: CONDITIONS OF APPROVAL: Unless stated otherwise all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval 1PL~ Planning fBl Building 1P01 Police 1PWl Public Works fADMI Administration/City Attorney fFINI Finance ~Fl Alameda County Fire Department 1DSR~ Dublin San Ramon Services District, ~LDDI Livermore Dublin Disposal (COl Alameda County Department of Environmental Health, Zone 7~, Alameda County Flood Control and Water Conservation District Zone 7 1LAVTA~, Livermore Amador Valley Transit Authority fCHSI California Department of Health Services. NO CONDITION TEXT RESPON. WHEN HOW IS AGENCY/ REQ.? CONDITION DEPART. SATISFIED? a _ •.:: -: 1. Permit Expiration. Construction or use shall commence within PL Ongoing one year of permit approval, or the permit shall lapse and become null and void. 2. Revocation of permit. The permit shall be revocable for cause in PL Ongoing accordance with Chapter 8.96 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. 3. Clean-up. The ApplicanUDeveloper shall be responsible for clean- PL Ongoing up and disposal of project related trash to maintain a clean, litter- free site. 4. Controlling Activities. The Armstrong Garden Center shall control PO, PL Ongoing all activities on the project site so as not to create a nuisance to the surrounding businesses and residences. 5. Accessory Structures. The use of any accessory structures, such as PL, B, F Ongoing storage sheds or trailer/container units used for storage or for any other purpose, shall not be allowed on the site at any time unless specifically permitted by the Conditional Use Permit. 6. Fees. ApplicanUDeveloper shall pay all applicable fees in effect at Various Various the time of building permit issuance, including, but not limited to, times, but no Planning fees, Building fees, TVTC fees, Dublin San Ramon later than Services District fees, Public Facilities fees, Dublin Unified School issuance of District School Impact fees, Alameda County Fire Services fees, Building Permits Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; or any other fee that may be adopted and applicable. NO CONDITION TEXT RESPON. WHEN HOW IS AGENCY/ REQ.? CONDITION DEPART. SATISFIED? 7. Requirements and Standard Conditions. The Various Prior to ApplicanUDeveloper shall comply with applicable Alameda County issuance of Fire, Dublin Public Works Department, Dublin Building Building Department, Dublin Police Service, Alameda County Flood Control Permits 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. 8. Standard Public Works Conditions of Approval. PW Approval of ApplicanUDeveloper shall comply with all applicable City of Improvement Dublin Standard Public Works Conditions of Approval, Attachment Plans through A. In the event of a conflict between the Standard Public Works completion Conditions of Approval and these Conditions, these conditions shall prevail. 9. Required Permits. ApplicanUDeveloper shall obtain all necessary PW Various permits required by other agencies (e.g., Alameda County Flood times, but no Control District Zone 7, Alameda County Health Agency (if later than necessary), State Water Quality Control Board, etc.) and shall issuance of submit copies of the permits to the Department of Public Works. Building Permits 10 Building Permits, Codes and Ordinances. The B Through ApplicanUDeveloper shall obtain all necessary permits from the completion Dublin Building Department. All project construction shall conform to all building codes and ordinances in effect at the time of building permits. 1 1 Fire Codes and Ordinances. All project construction shall conform B Through to all fire codes and ordinances in effect at the time of building completion permits. 12 Removal of Obstructions. ApplicanUDeveloper shall remove all PW Prior to trees including major root systems and other obstructions from Issuance of building sites that are necessary for public improvements or for Occupancy public safety as directed by the soils engineer and Director of Public Permits Works. 13 Traffic Control. Two-way traffic is to be maintained along PW Prior to Amador Valley Court and Amador Valley Boulevard during all Issuance of phases of construction. ApplicantDeveloper shall submit a traffic Grading/Site control plan showing detouring and temporary striping for all work Permits interim or phased improvements in the public street right of way for review and approval by the Director of Public Works. NO CONDITION TEXT RESPON. WHEN HOW IS AGENCY/ REQ.? CONDITION DEPART. SATISFIED? 14 Building Permit Application. To apply for building permits, the B Prior to Applicant/Developer shall submit twelve (12) sets of construction issuance of plans together with final site plan and landscape plans to the Building Building Department for plan check. Each set of plans shall have Permits 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 ApplicanUDeveloper will be responsible for obtaining the approvals of all participating non-City agencies prior to the issuance of building permits. 15 Conditions of Related Project Approvals. The PL, PW Ongoing ApplicanUDeveloper shall comply with all conditions of approval of the related San Ramon Road Specific Plan Amendment for the PA 02-009 Armstrong Garden Center project. 16 Delivery Trucks. Truck deliveries for the garden center shall be PL Ongoing prohibited between the hours of 9:00 p.m. and 7:00 a.m. .:... ....4~~... t :.:i t ~..F ::. ~ ..:..,~ . ::. .... .. ... i 17 Utility Siting Plan. The Applicant/Developer shall provide a final PW, PL Prior to Utility Siting Plan showing that transformers and service boxes are issuance of placed outside of public view where possible and/or screened to the Grading satisfaction of the Community Development Director and Public Permits Works Director. 18 Roof Equipment Screening. All roof equipment shall be PL Prior to completely screened from view by a parapet. Equipment not issuance of screened by a parapet shall be screened by materials architecturally Building compatible with the building, as approved by the Community Permits Development Director. NO CONDITION TEXT RESPON. WHEN HOW IS AGENCY/ REQ.? CONDITION DEPART. SATISFIED? 19 Trash Enclosures. A shared trash bin enclosure shall be PL, B, Prior to constructed as shown on the Site Plan, Exhibit A, Sheet A2. LDD, PW issuance of According to the plan, the trash enclosure will straddle the common Building property line between the subject site and APN 941-40-2-17 (Sleep Permits Shop Ltd). The Applicant shall provide aright-of--entry from the neighboring property owner before initiating this off-site work. If both properties will have rights to the enclosure, a reciprocal use easement or agreement shall be created to memorialize these rights. The enclosure shall also be designed to accommodate the dumpsters and trash pick-up equipment available from Livermore-Dublin Disposal Company. The applicant may contact them at (925) 447- 1300 for more information. The bin shall not be larger than 4 yards in capacity. 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 on the garden center site. Trash bin enclosures shall be properly maintained and free of graffiti. All trash bins used for this site shall be maintained within the trash bin enclosure(s) at all times. 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 the trash enclosures shall be determined prior to submittal of building plans subject to the review and approval of the City Planning Department, Public Works Department and the Livermore Dublin Disposal Company. 20 State Title 24 Requirements - Sidewalk/Haudicap Ramps. The PW Prior to Applicant/Developer shall construct a sidewalk access from issuance of Amador Valley Court/San Ramon Road to the to the primary entry Building to the garden center, as shown on Exhibit A, Sheet A2, in order to Permits and comply with the current State Title 24 requirements. All handicap Completion of ram sand accessible walkwa s shall com I with all current State p Y P Y Improvements Title 24 requirements and City of Dublin Standards. 21 Bicycle Parking. The applicant/Developer shall install one Bicycle PL, PW Completion parking space in a rack for every 40 vehicular parking spaces to the of satisfaction of the Director of Public Works. Bicycle racks shall be Improvements located near the building entrances for convenient surveillance by the employees and patrons. 22 Repair of Damages. Applicant/Developer shall repair all damaged PL Prior to existing street, curb, gutter and sidewalk along San Ramon Road and issuance of Amador Valley Court as a result of construction activities to the Occupancy satisfaction of the Director of Public Works. permit 7 NO 3 CONDITION TEXT ~ .,~ ;fin . , ° ~ ; :~: ~a~ .., ., ~~s~ m,~~ ~i: Parking Ratio Reduction. In accordance with the provisions of the San Ramon Road Specific Plan, the project shall be allowed a 25% reduction in the allowed parking ratio based on the evidence provided. The required number of parking spaces with the reduced ratio would be 34 spaces. The Applicant/Developer proposes to provide 33 parking spaces in the parking area adjacent to the garden center, and develop at least three additional parking spaces in the adjacent KinderCare parking lot. The Applicant/Developer shall enter into a joint/shared parking agreement with the operator/owner of the KinderCare facility for use of this parking area. RESPON. AGENCY/ DEPART. PL WHEN REQ.? s~ ie .. v Prior to Issuance of Building Permits HOW IS CONDITION SATISFIED? ' t _s 24 Parking. All parking shall generally conform to the plans shown in PL Prior to Exhibit A, with the exception that the 23" diameter Oak tree Issuance of designated for removal in the parking area (Stall 13) shall be Building preserved, and no improvements shall be installed that may Permits adversely affect the health of the tree. The Applicant shall consult with a licensed Arborist to determine necessary setbacks or other mitigations to assure the continued health of this tree. Should two or three parking spaces be lost and not be developed as shown on the plan as a result of preservation of this tree, the Applicant shall develop the required spaces in the adjacent parking area as discussed in Condition 23, above, to ensure that a minimum of 34 parking spaces are provided for the use. Public parking spaces shall be double-striped with 4-inch wide stripes set approximately 2 feet apart as shown on the "Typical Parking Striping Detail" available 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 fingers and islands adjacent to parking stalls. m° - ~~: ~~ 25 Design. The design of the development pursuant to this Site PL Prior to Development Review shall generally confotrn to the project issuance of Exterior Elevations and Trellis Plan and Details as shown in Exhibit Building A, Sheets A3 and A4, submitted by TJS Architects dated received Permits July 3, 2002, and the colors and materials shown on the plan, and to the Site Plan, Sheet A2, on file in the Planning Department, and other plans, text, and diagrams relating to this Site Development Review, unless modified by the Conditions of Approval contained herein. 26 Perimeter Fencing. The outdoor storage area shall be enclosed by an PL, B Prior to 8-foot high wrought iron fence as shown on the Site Plan, Exhibit A, issuance of Sheet A2, and painted to complement the design of the facility and Building building. Permits NO CONDITION TEXT RESPON. WHEN HOW IS AGENCY/ REQ.? CONDITION DEPART. SATISFIED? '. y~ ~y T3§ r3 ':. ~~' ~ i ...i. jh C S: ... ... ... ..rz....:~. 27 Dedication and Improvement of Amador Valley Court. PW Prior to Applicant/Developer shall irrevocably dedicate sufficient right-of- issuance of way to the City of Dublin to widen the north side of Amador Valley Grading/Site Court, the westerly extension of Amador Valley Boulevard, (from work Permit San Ramon Road to the easterly end of the neighboring Kindercare driveway) for public street purposes. Said widening area shall measure ] 0' along the north side of Amador Valley Court 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 at the intersection with San Ramon Road. The tapers shall be accomplished using tangent curves in a configuration acceptable to the Director of Public Works. The Applicant shall retain a licensed Land Surveyor to prepare all necessary plats, legal descriptions, and other supporting' documentation, and shall retain a title company to record all documents. 28 Right-of--way Improvements. Along the Amador Valley Court PW Prior to frontage of the site, the Developer/Applicant shall widen the north issuance of side of the Amador Valley Court to create a curb to curb width at the Grading/Site straight segment of 36'. A S-wide public sidewalk shall be work Permit. constructed on the north side that conforms to the existing sidewalk at the neighboring Kindercare site and to the existing curb ramp at the northwest corner of San Ramon Road and Amador Valley Court. The Developer/Applicant shall be responsible for the design and construction of all improvements associated with the widening of Amador Valley Court. 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. 29 Improvement Agreement and Security. Pursuant to §7.16.620 of PW Prior to the Municipal Code, the Applicant shall enter into an Improvement issuance of Agreement with the City to guarantee the right-of--way improvements Grading/Site and required site improvements. The Agreement will require work Permit Improvement Security to be posted to guarantee the faithful performance of the permitted work and the payment for labor and materials. Such security shall be in the form of cash, a certified or cashier's check, a letter of credit, or a faithful performance bond and a labor and materials bond executed by the applicant and a corporate surety authorized to do business in California. The amount of the security will be based on the estimated cost of the off-site and on-site work (excluding the building). The applicant shall provide an estimate of these costs for City review with the first plan submittal. NO CONDITION TEXT RESPON. WHEN HOW IS AGENCY/ REQ.? CONDITION DEPART. SATISFIED? 30 Streetlights. Applicant/Developer shall install (1) one additional streetlight on the north side of Amador Valley Court located midway between the existing street light at the Kindercare frontage and the light at the San Ramon Road intersection. Said street light shall be a City Standard cobra head luminaire with galvanized steel or aluminum pole as required by the Director of Public Works. An unmetered service point within the public right-of--way or Public Service Easement area shall be obtained from Pacific Gas & Electric Company, together with a pole number for billing purposes. A street lighting circuitry plan that demonstrates compliance with this condition shall be submitted prior to issuance of the Grading/Sitework permit. Said plan shall be subject to review and approval by the Director of Public Works. Upon acceptance of these improvements by the City Council, the City will assume responsibility for this light. 31 Construction of Improvements. The Applicant/Developer shall PW Prior to construct the improvements as shown on the Street Improvements issuance of and Cross Sections prepared by Alexander & Associates, Inc., Occupancy Exhibit A, Sheet C5, dated received by the Planning Department July Permits 3, 2002 ,and stamped approved and on file with the Planning Department. 32 Improvement Plans. The Applicant/Developer's Engineer shall PW Prior to prepare final improvement plans for review and approval by the Issuance of Director of Public Works. Said Improvement plans shall be based on Building the Site Plan and other preliminary plans in Exhibit A and include, Permits but are not limited to, plan and profile, storm drainage, utility, striping, new pavement sections per the approved project soils report, and details for the project to the satisfaction of the Director of Public Works. The Applicant/Developer's Engineer shall obtain the City of Dublin's Site Check List from the Public Works Department and shall address any and all items applicable to the project. Said Check List shall be part of these conditions of approval. Prior to acceptance of the right-of--way improvements by the City Council, the Applicant shall forward "As-Built" plans for the City's permanent files. Said plans shall be printed on mylar. 33 Storm Drain Improvements. ApplicanUDeveloper shall construct PW Prior to all required storm drain improvements in accordance with asite- issuance of specific hydrology/hydraulic analysis and/or as specified by the Grading/Site DPW work Permit 34 Lot Merger. The Applicant/Developer shall merge the existing PW Prior to parcels identified on the current assessor plat as Assessor Parcel Issuance of Numbers 941-40-2-22 and 941-40-3-3 through a Lot Merger to a Building configuration acceptable to the Community Development Director Permits and the Director of Public Works. Applicants for said merger shall be obtained from the Public Works Department. The Applicant/Developer shall adhere to all State, County, and City requirements for said merger. The Applicant shall retain a licensed Land Surveyor to prepare all necessary plats, legal descriptions, and other supporting documentation, and shall retain a title company to record all documents. 10 NO CONDITION TEXT RESPON. WHEN HOW IS AGENCY/ REQ.? CONDITION DEPART. SATISFIED? 35 Public Service Easement Dedications. In accordance with the City PW Prior to of Dublin General Plan §5.1.1 C7, a 5'-wide public service easement Issuance of shall be irrevocably granted to the City along the north side of Building Amador Valley Court. This easement area may be landscaped, but Permits no permanent structures will be allowed within it. The Applicant shall retain a licensed Land Surveyor to prepare all necessary plats, legal descriptions, and other supporting documentation, and shall retain a title company to record all documents. 36 Emergency Vehicle Access Easement Dedications. PW, F Prior to ApplicanUDeveloper shall dedicate all needed emergency vehicle Issuance of access easements from each adjacent public street to all fire access Building roads surrounding the site buildings as defined by Alameda County Permits Fire Department and to the satisfaction of the Director of Public Works. ApplicanUDeveloper shall also dedicate reciprocal access, parking, common driveway, drainage, ingress and egress and other needed utility easements as defined and approved by the Director of Public Works and the ACFD. 37 Reciprocal Access Easement. The ApplicantDeveloper shall retain PW Prior to a licensed Land Surveyor and title company to prepare and record all Issuance of necessary title documents to grant a reciprocal access easement Building across the primary vehicle drive aisle to allowjoint use of the aisle Permits for the neighboring parcels, APN 941-40-2-17 (Sleep Shop Ltd.) and APN 941-40-2-16 (McNamara's Restaurant). 38 Quitclaim of Access Rights. An existing 25'-wide Public Access PW Prior to Easement exists across the abutting property to the north for the issuance of benefit of the ApplicanUDeveloper's site and others. Said easement Building resides across a eastern portion of APN 941-40-2-17 (Sleep Shop Permit. Ltd.). Because this easement will no longer serve a purpose when the ApplicanUDeveloper's project is constructed, the City may quitclaim all rights to said easement in the future. As such, the ApplicanUDeveloper shall provide the City of Dublin with a written statement acknowledging that any proposed quitclaim of said existing easement will not be contested or opposed. 39 Private Monument Sign Easement and Agreement. The submitted PW Prior to Preliminary Title Report by First American Title dated 2/21/02 issuance of indicates that an Easement for Monument Sign and a Monument Sign Grading/Site Easement Agreement exist between the property owner and work Permit Kindercare Learning Centers that encumbers the property (See or Building Permit Exceptions 14 and 15). Said documents were recorded on 4/19/01 as Series No. 2001-131284. The applicant shall indicate the location of the easement, and shall explain whether the agreement restricts any of the proposed site improvements. 11 NO CONDITION TEXT RESPON. WHEN HOW IS AGENCY/ REQ.? CONDITION DEPART. SATISFIED? _. ... u e ~ ra ~ . t . ,... n o. . ,,.G. . 40 Transportation and Parking Impacts Study. The City PW Prior to commissioned a study to evaluate transportation and parking issuance of impacts from the project. Said study was prepared by Omni-Means Grading/Site and is titled "Final Report, Transportation and Parking Impacts for work Permit the Proposed Armstrong Garden Center" dated 6/21/02. All recommended mitigation measures offered in the study shall be incorporated into the design of the project, unless specifically superseded or modified by these Conditions of Approval, or by the Director of Public Works. 4] Signs and Pavement Markings. The Applicant shall be PW Prior to responsible for the following traffic signs and pavement markings: issuance of The two R26 "No Parking Anytime" signs along the north side of Grading/Site Amador Valley Court shall be remain, although a reevaluation of work Permit parking needs for the site may be performed in the future to allow public parking along the roadway if needed. Type VI merge arrow(s) shall be installed in the outside lane for westbound traffic on Amador Valley Court near the intersection. The existing R2 "Yield" sign shall be replaced with a W75 "Lane Ends Merge Left" sign. An R7 "Keep Right" sign shall be added at the median nose for eastbound Amador Valley Court. The existing W53 "Not a Through Street" sign shall be relocated to the back of the new sidewalk for westbound Amador Valley Court. 42 Sight Distance. The Applicant shall have a Civil or Traffic PW Prior to Engineer determine an appropriate setback for the perimeter fencing issuance of as it extends towards the driveway to assure unobstructed sight Grading/Site distance for drivers exiting the site and submit appropriate work Permit calculations to the Public Works Division to verify that the fencing in the location shown on Sheet A2 of the exhibits will not hinder sight visibility. 43 Traffic Control. Two-way vehicle and pedestrian traffic is to be PW On-going maintained along Amador Valley Court/Amador Valley Boulevard during and San Ramon Road during all phases of construction. construction ApplicanUDeveloper shall submit a traffic control plan showing detouring and temporary striping for all interim or phased improvements in the public street right of way for review and approval by the Director of Public Works. . , .. i un'~ 7 i c a . ~~ ,yv ~ t~ }, . ~!C i{~~~ "i II{° ~{~, rzn ' ~ „ Bo{RA_::~'~. . ~ ,. v, , ~{ (~( a i~GEI~"N°' ~ ~I 9 :rzn,Ii IEI„I0 ~, .~ m 44 Requirements. The Applicant/Developer shall grade the project in PW Ongoing accordance with the Public Works Standard Conditions of Approval and California Regional Water Quality Control Board standards and details. 12 NO CONDITION TEXT RESPON. WHEN HOW IS AGENCY/ REQ.? CONDITION DEPART. SATISFIED? 45 Water Quality Requirements. Pursuant to the City of Dublin's PW On-going National Pollution Discharges Elimination Permit (NPDES) No. During CAS0029831 with the California Regional Water Quality Control Construction Board, all grading and construction activities within the City must comply with the provisions of the Clean Water Act. Proper erosion control measures must be installed at construction sites within the City, and all activities shall adhere to Best Management Practices. All on-site storm drain inlets shall be fitted with filter devices to remove hydrocarbons and other contaminants from the storm runoff. Said 51ter devices shall be periodically cleaned pursuant to the recommendations of the device manufacturer. Finally, all storm drain inlets 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. 46 Final Geotechnical & Soils Report. In accordance with the PW, B Prior to requirements of the Building and Safety Division, the issuance of Applicant/Developer shall retain a licensed Geotechnical Engineer Grading to prepare a Final Geotechnical & Soils Investigation for the site. Permtd Said report shall verify that building setbacks from the existing Improvement Plans and earthquake fault trace that traverses the site for buildings and during accessory structures as shown on the project Site Plan are adequate construction and/or recommend appropriate setbacks from the fault trace. The design of the underground utilities, grading, paving, retaining walls, and foundations shall be based on recommendations outlined in said Report. The Geotechnical Engineer shall certify that the design conforms to the recommendations before the City issues a Grading/Site Development Permit. 47 Undergrounding. The Developer shall underground all utilities to PW Prior to the project unless specifically approved by the Director of Public issuance of Works. The Developer shall remove all existing overhead utilities Grading within the project and construct them underground. Permit/ Improvement Plans 48 Joint Utility Trenches/lTndergrounding/Utility Plans. PW Prior to Applicant/Developer shall construct all joint utility trenches (such Occupancy 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 conduit 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 Utility Plans. 13 NO CONDITION TEXT Streetlights. Applicant/Developer shall install streetlights on Amador Valley Court and San Ramon Road that are the City Standard cobra head luminaries with galvanized poles as required by the Director of Public Works. A street lighting plan which demonstrates compliance with this condition shall be submitted prior to issuance of grading permits and shall be subject to review and approval by the Director of Public Works. 501 Zone 7. The AGENCY/ DEPART. PW all Alameda I PW, Zone7 County Flood Control and Water Conservation District -Zone 7 Flood Control requirements and applicable drainage fees. 51 Zone 7 Monitoring Well on Adjacent Property. During grading and construction, precautions shall be taken to avoid damage to the existing Zone 7 monitoring well located on the property to the north of the project site. Should any well be discovered on the property during grading or construction, the ApplicanbDeveloper shall properly destroy the well in accordance with a permit obtained from Zone 7. Lighting Plan. The Applicant/Developer shall prepare a Lighting Plan and Isochart (Photometrics) to the satisfaction of Police Services, the Director of Public Works and Director of Community Development. Exterior lighting shall be provided within the parking lot, around the entire perimeter of the building and outdoor storage area, 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 needs (1 foot candle). Wall lighting around the perimeters of the building should be supplied to provide "wash" security lighting as appropriate. Reasonable clearances shall be provided between lights and trees to assure that the tree canopies do not envelope the lights when mature. Fencing. Fencing around the outdoor display area shall be a minimum of 8-feet in height. The fence shall be constructed with materials that will deter individuals from climbing and scaling the fence. Theft Prevention and Security Program. The Applicant shall work with Dublin Police Services on an ongoing basis to establish an effective robbery, burglary, theft and security aro¢ram for the business. Zone 7 PO REQ.? I CONDITION SATISFIED? Prior to issuance of Grading Permits Prior to approval of Improvement Plans Prior to issuance of Building Permits Yrior to issuance of Building Permits 55 Graffiti. The owners of Armstrong Garden Center shall, at all times, YO, PL Ongoing 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. 14 NO CONDITION TEXT RESPON. WHEN HOW IS AGENCY/ REQ.? CONDITION DEPART. SATISFIED? 56 Emergency Response Card. Armstrong Garden Center shall PO Prior to complete a "Business Site Emergency Response Card" and deliver it issuance of to Police Services prior to occupancy. Occupancy Permit approval 57 Fire Conditions. Developer shall comply with all conditions of the F Prior to Alameda County Fire Department (ACFD) as listed in the letter Issuance of from ACFD dated May 21, 2002, including: Building Permits a. Access and Water Supply. An approved access and water supply Prior to the shall be in place and operational. stockpiling of any combustible materials or commence- ment of combustible construction on the site b. Drive Aisles. Final detailed layout and design of internal drive Prior to aisles shall be subject to review and approval by the ACFD and the Issuance of Director of Public Works. Building Permits c. Plan Review. Plans may be subject to revision following review. Prior to Issuance of Bldg. Permits d. Fire Sprinklers. Automatic fire sprinklers shall be installed and Prior to maintained to the specifications of the Alameda County Fire installation Department, Fire Prevention Division, in the covered building area only. 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. e. Plans for Underground Fire Service Line. Plans shall be Prior to submitted for review and approval that include soils compaction, installation 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 £ Fire Lane. A "Fire Lane" shall be designated and so marked along Prior to the main entry to the property. issuance of Occupancy Permits g. Storage Area. The ApplicanUDeveloper shall provide details for the configuration of the storage area, including any racks with their height and type of materials that will be stored within the storage area. h. Address. Approved numbers shall be placed on the new building. The address for the facility building shall be clearly visible from the street and the address must also be placed on the rear doors of any building. 15 NO CONDITION TEXT RESPON. WHEN HOW IS AGENCY/ REQ.? CONDITION DEPART. SATISFIED? j. Hazardous Materials. An inventory statement (HMIs) for any/all Prior to hazardous materials, including Material Safety Data Sheets, shall be issuance of supplied to the Alameda County Fire Deparrtment, Fire Prevention Occupancy Division, for approval of processing/storage/handling requirements. Permits Additional Alameda County Environmental Health Agency requirements, including a business emergency plan/hazardous materials management plan (BEP/HMPP) and local building approvals, may be required. k. KNOX Box. To allow emergency access to the building, a KNOX Prior to box shall be installed at the main entries of the buildings issuance of Occupancy Permits 1. Existing Fire Hydrant. The existing fire hydrant located west of Prior to the driveway entrance to the adjacent Kindercare site shall be issuance of relocated to the east side of the access to the site, or a new hydrant Occupancy may be installed at that location subject to Fire Department review Permits and approval. .~ ~ .. ~....v .r~.. Wt... 58 Prior to issuance of any building permit, complete improvement DSR Prior to plans shall be submitted to DSRSD that conform to the issuance of requirements of the DSRSD Code; Standard Procedures, Building Specifications and Drawings for Design and Installation of Water Permits and Wastewater Facilities; and all applicable DSRSD Master Plans and policies. 59 Domestic and fire protection waterline systems for this commercial DSR Prior to development shall be designed to be looped or interconnected to approval of avoid dead end sections in accordance with requirements of the Improvement DSRSD Standard Specifications and sound engineering practice. Plans 60 Public water and sewer lines shall be located in public streets rather DSR Prior issuance than in off-street locations to the fullest extent possible. If of Grading unavoidable, then public sewer or water easements must be Permits 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. 61 Prior to approval by the City of a Grading Permit, the locations and DSR Prior to widths of all proposed easement dedications for water and sewer issuance of lines shall be submitted to DSRSD. Grading Permits 62 All easement dedications for DSRSD facilities shall be by separate DSR Prior to instrument irrevocably offered to DSRSD, or by offer of dedication issuance of on the Final Map. Building Permits 63 Prior to issuance by the City of any Building Permit, all utility DSR Prior to connection fees, plan checking fees, inspection fees, permit fees and issuance of fees associated with a wastewater discharge permit shall be paid to Building DSRSD in accordance with the rates and schedules established in Permits the DSRSD Code. 16 NO CONDITION TEXT RESPON. WHEN HOW IS AGENCY/ REQ.? CONDITION DEPART. SATISFIED? 64 Prior to issuance by the City of any Building Permit, or any DSR Prior to Construction Permit by the DSRSD, whichever comes first, all issuance of improvement plans for DSRSD facilities shall be signed by the Occupancy District Engineer. Each drawing of improvement plans shall contain Permits a signature block for the District Engineer indicating approval of the sanitary sewer or water facilities shown. Prior to approval by the District Engineer, the ApplicanUDeveloper shall pay all required DSRSD fees, and provide an engineer's estimate of construction costs for the sewer and water systems, a performance bond, aone- year maintenance bond, and a comprehensive general liability insurance policy in the amounts and forms that are acceptable to DSRSD. The ApplicanUDeveloper shall allow at least 15 working days for final improvement drawing review by DSRSD before signature by the District Engineer. 65 No sewer line or water line construction shall be permitted unless DSR Ongoing the proper utility construction permit has been issued by DSRSD. 66 The ApplicanUDeveloper shall hold DSRSD, its Board of DSR Prior to Directors, commissions, employees, and agents of DSRSD issuance of harmless and indemnify and defend the same from any litigation, Building claims, or fines resulting from the construction and completion of Permits the project. 67 All mains shall be sized to provide sufficient capacity to PW, DSR Prior to accommodate future flow demands for the project. Layout and issuance of sizing of mains shall be in conformance with DSRSD's utility Grading master planning. Permits { ~; r fl ~ ,:. .... s ~m ~ .. , _,. . 68 Construction Trasb/Debris. Measures shall be taken to contain all PW, B, PL Prior to construction related trash, debris, and materials on-site until Construction disposal of-site can be arranged. The ApplicanUDeveloper 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. 69 Construction Fencing. The use of any temporary construction PL, PW Prior to fencing shall be subject to the review and approval of the Public issuance of Works Director and the Building Official. Building Permits { •~•~~ • e ~ •.~ d { I E P I I uB~§_;ifY' HY { E!i ~lt~,~~t~t a{; 1G1tt9iR E~°i~~~f~i~tim{, ~i)(; Ei~€~t]= ~ ~' iL1 e ~ ec ~1 , i ~ 3 Et ~'Ix , ail..: IE t • ~ ~y S e h . »~,. . . . : . _... ,_: 70 Final Landscape and Irrigation Plan. A Final Landscape and PL Prior to Irrigation Plan prepared and stamped by a State licensed landscape issuance of architect or registered engineer, generally consistent with the Building preliminary irrigation and planting plan prepared by Environmental Permits Design Systems, Ina, dated received July 3, 2002 (see Exhibit A, Sheets L-1 and L-2), except as modified by Condition #71 below, along with a cost estimate of the work and materials proposed, shall be submitted for review and approval by the Community Development Director. Landscape and irrigation plans shall provide for a recycled water system. 17 NO CONDITION TEXT RESPON. WHEN HOW IS AGENCY/ REQ.? CONDITION DEPART. SATISFIED? 71 Corner Accent Feature/Landscaping. The paved comer accent PL, PW Prior to feature/landscaping at the intersection of San Ramon Road and issuance of Amador Valley Court shall be landscaped, paved and include the Building features (i.e., fountain, seatwall, bench, etc.) as generally shown on Permits Sheet A]-lof Exhibit A. The corner landscaping and features shall be subject to the review and approval of the Community Development Director and shall be included as part of the Final Landscape and Irrigation Plan submittal. Responsibility for maintenance of the improvements associated with the corner accent feature and landscaping shall be that of the Applicant/Developer. Since the Applicant will own and maintain these private features, the Applicant shall enter into an "Agreement for Long Term Encroachments" with the City that regulates this type of encroachment. 72 Landscaping of Trash Enclosure. The Applicant/Developer shall PL Prior to provide an approximately 4-foot wide landscape planter along the issuance of front of the trash enclosure and shall install landscaping as shown Building on the planting plan for screening purposes. Permits 73 Standard Plant Material, Irrigation and Maintenance PW Prior to Agreement. The Applicant/Developer shall complete and submit to issuance of the Dublin Planning Department the Standard Plant Material, Building Irrigation and Maintenance Agreement. Permits 74 Landscaping at Street/Drive Aisle Intersections. Landscaping at PL Prior to street and drive aisle intersections shall be such that sight distance is issuance of not obstructed. Except for trees, landscaping shall not be higher Building than 30 inches above the curb in these areas. Permits 75 Landscape Borders. All landscaped areas shall be bordered by a PL Ongoing concrete curb that is at least 6 inches high and 6 inches wide. Curbs adjacent to parking spaces must be 12 inches wide. All landscaped areas 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. 76 Maintenance of Landscape. All landscape areas on the site shall PL, PW Prior to be enhanced and properly maintained at all times. Any proposed or issuance of modified landscaping to the site, including the removal or Building replacement of trees, shall require prior review and written approval Permits from the Community Development Director. 77 Transfer of Landscape Maintenance Obligation. The PL, PW Ongoing maintenance obligation for the landscaping improvements within the public right-of--way along the San Ramon Road frontage shall be transferred to the Applicant. The City originally installed landscape improvements (irrigation, five street trees, and turf) at the direction of the City Council to beautify this corner. Now that the surrounding properties have developed and assumed responsibility for their frontage landscaping, the Applicant shall accept the maintenance obligation for all existing and proposed frontage landscaping improvements. To effectuate the transfer, the Applicant shall purchase the existing water meter that serves this area from the City, then assume maintenance responsibility for the existing irrigation system and pay all subsequent water usage costs. 18 NO CONDITION TEXT RESPON. WHEN HOW IS AGENCY/ REQ.? CONDITION DEPART. SATISFIED? 78 Water Efficient Landscaping Ordinance. The PL, PW Completion of Applicant/Developer shall submit written documentation to the Improvements Public Works Department (in the form. of a Landscape Documentation Package and other required documents) that the development conforms to the City's Water Efficient Landscaping Ordinance. 79 Landscaping and Street Trees. The Applicant/Developer shall PL, PW Issuance of construct all landscaping within the site, along the project frontage Occupancy from the face of curb to the site right-of--way, and all street trees Permits 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 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 required unless otherwise determined by the Director of Public Works and the Director of Community Development. Four of the five existing street trees along the San Ramon Road frontage shall remain, with one removed for improvements in the accent area of the plan. The other landscaping improvements along the frontage may be modified. 80 Retaining Walls. Should there be any locations where the finished PL Prior to grade of this site is in excess of twenty-four (24) inches higher or issuance of lower than the abutting property or adjacent lots within the project, Building a concrete or masonry block retaining wall or other suitable solution Permits for acceptable to the Director of Public Works shall be required and signage installation 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. . S.. n. ~~ii Ii C :a _ mrsun: ~ ~9d' ~. ...: : ~ E:. ~I`:iNa A 4 . 4 ~~ 49""~ ~ tt iq R : S :yn 81 Building Signage. Wall signs shall be allowed on the front (facing PL, B Prior to San Ramon Road) and on [he south side (facing Amador Valley issuance of Court) of the building as shown on the Exterior Elevations in Building Exhibit A, Sheet A3, and be integrated with the architecture of the Permits building. The maximum size of the wall signage of the building shall be 150 square feet in area for each frontage. Materials and colors for the signage shall be as shown on the Materials and Colors Details in Exhibit B. The Applicant/Developer shall submit for and receive approval of building permits for signage prior to installation. PASSED, APPROVED AND ADOPTED this 13th day of August, 2002. 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L ~ LL N ~ `w 3 3¢ w~u ~ y c y~ v m _ _ U ~ o a w l7 E ~ u -OV mp 01 L ~ y ~L ~ A ~nl c u c m ;4 "' E rvt • ~ 10 LL C lL O~ O 3F N V C N ,n in C O N O«~ O A U N 3 N 1p K U y N m ~ 3 C ~ N ~ H ~` ¢~ `' c t c~ v m ~ ~n j V ~ c u`i ~ ~ t v'3 a c_ '6 rnorny y v Lb ~ ~ ; ~ v ~y j u c 1O w v ~ w ~~ G 3 ~~ ~ o+u v u o v 14 E V LL vi fvLiw w~ 1n a°cmvai O °- ~c O °v1t oT3 Eaam ~ ~ ~i. ~c 5n° a mm~cc To oo°` ay 'ox D m~3 '^ i="~o~ o~ E ¢LLO LLE vd O v=l7o° ?~ oo~v N 3Y~w o~S Ervw Ul 3Jm~ in ~ ~= m~ wv c ~n y1n-x 33E EtQ >. ~E~ A Ew Oi >. ~~ c u V c'Eaotr~n O axQ~ O ~3O1t7 O oaV ~ LrVav c ~ mQ ~,~ ~E Q.. mu ~ -O ..C 'O ON .. a+u H o c •: `o 'o «; ~L 5 ~ c E o.R `m c 3 0._ 0 mY ov' ~ E `^ c ~ -°v ~ ~nfti3¢ w ~3~°Z ~i av°~7v°i ~ rvvv3i ~ z°3Vrv m' _ ~v, aF= ~l°7 o M M N W O ~ ~ ~ NV V vc O ;; ~ ~ v~ N v ~ ~~ rv ~ v N ~~ m _ ~ O~ o. i ,., c a ~ in O +J E E C A N ¢~ N a RESOLUTION NO.02- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THE CITY COUNCIL ADOPT THE ORDINANCE APPROVING THE PLANNED DEVELOPMENT (PD) REZONING/DEVELOPMENT PLAN (STAGE 1 & 2) FOR PA 02-009 ARMSTRONG GARDEN CENTER LOCATED AT 7360 SAN RAMON ROAD WHEREAS, the Applicant, Ted J. Stelzner of TJS Architects, Inc., on behalf of Armstrong Garden Centers, has requested approval of an amendment to the San Ramon Specific Plan, PD Rezoning, Conditional Use Permit, Site Development Review and Sign/Site Development Review to construct an approximately 30,810 squaze foot retail garden center, consisting of a 6,400 squaze foot retail sales building and adjacent 24,410 square foot outdoor storage/display azea, with an exemption to the parking requirements, which is located 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 azea shall require a Planned Development Zoning; and WHEREAS, Applicant/Developer has submitted a complete application for a Planned Development District Rezoning, including a Development Plan (Stage 1 and 2), 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 is Categorically Exempt from the provisions of CEQA, the State CEQA Guidelines and the City of Dublin Environmental Guidelines, under Section 15061(b)(3) and Section 15332, as there is no potential for significant environmental effects to occur as a result of the project and the project would be located on an infill site which was previously improved; and WHEREAS, the Planning Commission held a public hearing on said application on August 13, 2002; 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 of the project; and WHEREAS, the Planning Commission did heaz and use their independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. ATTACHMENT 3 NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the Dublin Planning Commission does hereby make the following findings and determinations regarding said proposed Planned Development Rezoning: 1. 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 retail commercial use that is an appropriate use for the site, located within Area 3 of the San Ramon Road Specific Plan which promotes the development of retail shopper stores, and which is located near adjacent retail commercial 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. Both uses are supportive of surrounding retail and residential uses through the provision of retail garden center and related services for adjacent residents, Community residents, and businesses 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 7. 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 8. The Planned Development District Rezoning and accompanying Conditional Use Permit, Site Development Review and Sign/Site Development Review, will create an attractive, efficient, and safe environment; and 9. The Planned Development District Rezoning will benefit the public necessity, convenience, and general welfare; and 10. The Planned Development District Rezoning and accompanying Conditional Use Permit, Site Development Review and Sign/Site Development Review will be compatible with and enhance the general development of the area; and 11. 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 RESOLVED THAT the Dublin Planning Commission does hereby recommend that the City Council approve a Planned Development Zoning District and Development Plan for PA 02-009 Armstrong Garden Center, with Development Plan attached as Exhibit C, which constitute regulations for the use, improvement, and maintenance of the property. Except as specifically identified otherwise in the approved Development Plan, development and operation of land use activities within this Rezoning 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, Site Development Review, Sign/Site Development Review. PASSED, APPROVED AND ADOPTED this 13"' day of August 2002. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Community Development Director g:\02-009\PD Reso - PC.doc DEVELOPMENT PLAN This is a Development Plan pursuant to Chapter 8.32 of the Dublin Zoning Ordinance for PA 02-009 Armstrong Garden Center project, located on the northwest corner of Amador Valley Boulevard and San Ramon Road, at 7360 San Ramon Road (APNs 941-40-3-2 & 941-40-2-3). This Development Plan meets all the requirements for Stage 1 and Stage 2 review of the project. This Development Plan includes the Project General Information, Site Plan, Utility Plan, Irrigation and Planting Plans, Floor Plan and Exterior Elevations, Roof Plan, Clerestory Plan, and other related plans, Sheets Al through A8 and L1 and L2, dated received July 1 and August 3, 2002, and labeled Exhibit A of the associated Conditional Use Permit, Site Development Review, and Sign/Site Development Review, 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. Permitted and Conditional Uses: Permitted Uses As provided for in the San Ramon Road Specific Plan Conditional Uses Gazden Center/Store All other Permitted and Conditional Uses as established by the San Ramon Road Specific Plan. 2. Site Area/Densities: The maximum square footage of the proposed garden center development for the pazcels covered under this Development Plan (and as shown on the Site Plan contained in Exhibit A, to the associated Conditional Use Permit, Site Development Review, and Sign/Site Development Review), are as follows: Site Area: t 1.16 acres 6,400 square foot building 24,410 square foot outdoor storage/display area 3. Dublin Zoning Ordinance -Applicable Requirements: Except as specifically modified by the provisions of this PD District Rezoning and Stage 1 and 2 Development Plan, the use, development, improvement and maintenance of property within this PD Zoning District shall be subject to the provisions of the C-l, 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. ATTACHMENT 3 EXHIBIT C 4. Site Plan and Architecture: See attached Accent Area, Site Plan, Floor and Exterior Elevation plans, Sheets AI-1, A2, A3, A4, and AS contained in Development Plan and Exhibit A to the associated Conditional Use Permit, Site Development Review, and Sign/Site Development Review. Any modifications to the project shall be substantially consistent with these plans and of equal or superior materials and design quality. 5. 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. 6. Landscaping Plan: Refer to attached Planting and Irrigation Plans included in Exhibit A, Development Plan, Sheets L1 and L2. Development Standards: Lot Size: 6,000 sq. ft. minimum Lot Width and Frontage: 60 feet minimum Lot Depth: 100 feet minimum Front, Reaz 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 generally provided as shown on the site plan in Exhibit A, Development Plan, Sheet A2, as modified and approved through the related Site Development Review and Conditional Use Permit for PA 02-009. All drive aisles and fire lanes shall be kept cleaz at all times. 8. Compliance with Related Planning Approvals: The Applicant/Developer shall comply with all the related Site Development Review, Sign/Site Development Review and Conditional use conditions of approval for PA 02-009. G:\pa02-009\Development Plan ATTACHMENT3 EXHIBIT C v Q a 0 L a Y V d ~^ 7 Y _~ //~0~ ICI L O 'b 8 d y m 4 V d' i7 0 z d :~ 0 0 .a a 0 L a ++ A u m .~, a ea 0 eu a a Y O A M ~~ l a 0 L CL Y V d .G 7 Y ~n _~ MM~ NY d rl L O "O e d y y L u d~ 0 z 0 0 0 a a 0 L a +r O u m .~, d 0 en d C Q 7 Q I R a 0 s. P.i w u ~~ 0 b 0 eo a ... ~v a .. i q 7 A ~D b d a 0 u W O a 0 a, V ..., 7 .~ eo .9 .a ICI a _Y ^O Q M Q 0 Y 7 O bD .9 u W a 0 Cr a v .., d C O d :fl O .~ 7 A r b f~ O O a a Vi O L u d d a ~°. a, Y Q d V •n Y d ~ll I~ W Q .N u G4 O 0. u a a 0 eo .9 ~v a m '.~~. L 7 Q 00 e~ a .~ a t a .. a u es ..., 7 d ^o d as a 0 L Qn w V Y .,..~ 7 h .+ 00 O O O -a ++ 3 e 'u w a 0 0 en a A .. i A e A ,, Arnl-strony Garden Centers An Employee-Owned Company" 2200 E. Route 66, Suita 200 Glendora, CA 91740-4673 (626) 914-1091 Fax (626J 335-0257 Dear Kildaza Homeowners: We ask for your support and comments. Please take a moment and review the attached letter to the City Planning Department and sign below. As a resident of the community, I support the gazden center proposed at Amador Valley Blvd. and San Ramon Rd. Ad~ess~~ CC.i 9~~ L ~J ~i Signatur~ Comments: Please forward your signed form to: City of Dublin Attn: Janet Harbin 100 Civic Plaza ~IECI:IVE[) Dublin, CA 94568 a.~R 1 ~~ 2002 -~B,t6t.IN PLANNING .Arnlstron~ Garden Centers MAY 0 2 2pp2 'An Employee-Owned Company" 2200 E. Route 66, Suite 200 Glendora, CA 91740-46?3 (G2G) 314-1091 Fax (626) 335-0257 Deaz Kildaza Homeowners: We ask for your support and comments. Please take a moment and review the attached letter to the City Planning Department and sign below. As a resident of the community, I support the gazden center proposed at Amador Valley Blvd. and San Ramon Rd. !jti lrnyt-~~r ~~1•, Address ~~,E->l~r ~ C'~ ~~s~r w~ °~. Signature Comments: Please forward your signed form to: City of Dublin Attn: Janet Harbin 100 Civic Plaza RECEIVEe~ Dublin, CA 94568 MAY 6 0 2002 DUBLIN PLANNING \ I~ ~1 yy' ~. I~/ ~.9.rnlstrony Garden Cent.~rs `An Employee-Oumed Company" 2200 E. Route 66, Suite 200 Glendora, CA 91740-4673 (626) 914-1091 Fax (626) 335-0257 Dear Kildaza Homeowners: We ask for your support and comments. Please take a moment and review the attached letter to the City Planning Department and sign below. As a resident of the community, I support the garden center proposed at Amador Valley Blvd. and San Ramon Rd. Address f/ Yl~i~~J- ~S c~.uo Signature Co~ments: CP,~1~ri-e,~- Ct. '~ ~,~, O O __ Please forward your signed form to: City of Dublin Attn: Janet Harbin 100 Civic Plaza RECEIVES Dublin, CA 94568 P R 1 ©2002 nt1BLIN PLANNING Arnlstrony Garden `enters An Employee-Ounaed Company" 2200 E. Route 66, Suite 200 Glendora, CA 91740-4673 (626) 914-1091 Fax (626) 335-0257 Deaz Kildaza I~3omeowners: We ask for your support and comments. Please take a moment and review the attached letter to the City Planning Department and sign below. As a resident of the community, I support the gazden center proposed at Amador Valley Blvd. and San Ramon Rd. //~9sD~~~-~ ~/r~~,J C~~~ A ess l , _ ~ ,L°k - ~ 570 ~,~~~ , e Comrnents: Please forward your signed form to: City of Dublin ~ECEIVE~ Attn: Janet Harbin 100 Civic Plaza I~P~ 1 ~ 2002 Dublin, CA 94568 ~~~~ln! ~t~,NNtN~ Arnastrony G~rclen Centers ':9n Employee-Owned Company' 2200 E. Route 66, Suite 200 Glendora, CA 91740-4673 (626) 914-1091 Fax (626) 335-0257 Deaz Kildaza Homeowners: We ask for your support and comments. Please take a moment and review the attached letter to the.City Planning Department and sign below. As a resident of the community, I support the gazden center proposed at Amador Valley Blvd. and San Ramon Rd. .~"~3I t.~~~a~ c~', Addre s n;,~ ~-~~ n ~ ~'fl' 9 ~s(, G,~/. Signature Comments: Please forward your signed form to: ~~G~~~e~ ~p(i 1 n 2002 ~a1~s4~~ P~N~lN~ City of Dublin Attn: Janet Harbin 100 Civic Plaza Dublin, CA 94568 Arnastron~ Garden Centers "r1n Employee-Owned Company" 2200 E. Route 66, Suite 200 Glendora, CA 91740-4673 (626) 914-1097 Fax (626) 335-0257 Deaz Kildara Homeowners: We ask for your support and comments. Please take a moment and review the attached letter to the City Planning Department and sign below. As a resident of the community, I support the gazden center proposed at Amador Valley Blvd. and San Ramon Rd. Addrr'~ CR- cj'~ S ~ ~ ~~~u,~ ~~rz~1--2.c~,.~.~ Signature (-'nmm Pnte Please forward your signed form to: FIECFIV~C~ ~P'~ ], ri 2002, gg4~~o"-1N PA.LtNM1M~" City of Dublin Attn: Janet Harbin 100 Civic Plaza Dublin, CA 94568 Arndstron~ Aden ~ent~rs `:9n Employee-Owned Company" 2200 E. Route 66, Suite 200 Glendora, CA 91740-4673 (626) 914-1091 Fax (626) 335-0257 Deaz Kildaza Homeowners: We ask for your support and comments. Please take a moment and review the attached letter to the City Planning Department and sign below. As a resident of the community, I support the gazden center proposed at Amador Valley Blvd. and San Ramon Rd. Please forward your signed form to: City of Dublin R~G~,~v~CS Attn: Janet Harbin P a~ ~ ~, 24®~ Y00 Civic Plaza N`~'_ Dublin, CA 94568 C Arnlstrony ~rdeaa ~entea~s An Employee-Owned Company" 2200 E. Route 66, Suite 200 Glendora, CA 91740-4673 (626) 914-1091 Fax (626) 335-0257 Deaz Kildara Homeowners: We ask for your support and comments. Please take a moment and review the attached letter to the City Planning Department and sign below. As a resident of the community, I support the garden center proposed at Amador Valley Blvd. and San Ramon Rd. S ~-- comments: Please forward your signed form to: City of Dublin fiECEIY~[~ Attn: Janet Harbin APR 1 3 7002 100 Civic Plaza Dublin, CA 94568 ~t1~LtN PLANNING ~~ ~/ G~a~ ~ ~, ~~ . Address ''~ c~D ~/~/yi , ~~ 9''~S1a~ ~1']I~StI'Oll~ Garden Genters An Employee-Owned Company" 2200 E. Route 66, Suite 200 Glendora, CA 91740-4673 (626) 914-1091 Fax (626) 335.0257 Dear Kildaza Homeowners: We ask for your support and comments. Please take a moment and review the attached letter to the City Planning Department and sign below. As a resident of the community, I support the gazden center proposed at Amador Valley Blvd. and San Ramon Rd. Comments: Please forward your signed form to: City of Dublin ~~~ ~•,-~..~, Attn: Janet Harbin N `~ ~c 100 Civic Plaza `- ~~~? Dublin, CA 94568 Arnlstrony +G~rden Cen~rs An Employee-Owned Company" 2200 E. Route 66, Suite 200 Glendora, CA 91740.4673 (626) 914-1091 Fax (626) 335-0257 Dear Kildaza Homeowners: We ask for your support and comments. Please take a moment and review the attached letter to the City Planning Department and sign below. As a resident of the community, I support the gazden center proposed at Amador Valley Blvd. and San Ramon Rd. Comments: Please forward your signed form to: ~E~~N~~ ~p02 ~~~ ~~ A r~ ~ =~~'~~~~ :c~~- ~, - City of Dublin Attn: Janet Harbin 100 Civic Plaza Dublin, CA 94568 ,AI'lllStl''Ollg Garden Centers 'An Employee-Owned Company" 2200 E. Route 66, Suite 200 Glendora, CA 91740-4673 (626) 914-1097 Fax (626) 335-0257 Deaz Kildara Homeowners: We ask for your support and comments. Please take a moment and review the attached letter to the City Planning Department and sign below. As a resident of the community, I support the gazden center proposed at Amador Valley Blvd. and San Ramon Rd. Address '-bt.~.bl,~ CA 9tiS~R ignature Comments: Please forward your signed form to: ~~~d~~~ 0~~" r v~ ~~'t.," ~~a~d, City of Dublin Attn: Janet Harbin 100 Civic Plaza Dublin, CA 94568 A~nlstrony Garden Centers An Employee-Owned Company" 2200 E. Route 66, Suite 200 Glendora, CA 91740-4673 (626) 914-1091 Fax (626) 335-0257 Deaz Kildaza Homeowners: We ask for your support and comments. Please take a moment and review the attached letter to the City Planning Department and sign below. As a resident of the community, I support the garden center proposed at Amador Valley Blvd. and San Ramon Rd. ddress '~~ ~~~ ~( /~/ 1l ~ Signature Comments: Please forward your signed form to: ~~~~"~~~ oQ1. ~~~A ~ ~ ~~E~~ .~~e~`~~ City of Dublin Attn: Janet Harbin 100 Civic Plaza Dublin, CA 94568