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HomeMy WebLinkAbout8.4 B & B Motorsports PA08-016AGENDA STATEMENT PLANNING COMMISSION MEETING DATE: October 14, 2008 SUBJECT: PUBLIC HEARING: PA 08-01.6 B & B Motorsports Conditional Use Permit (Quasi-Judicial Action) - Approval to operate a 3,500± square foot Automobile/Vehicle Sales facility with outdoor display of 2 vehicles within an existing building at 6310-A Houston Place. Report Prepared by Jamie L. Rojo, Assistant Planner ATTACHMENTS: 1) Resolution approving a Conditional Use Permit to operate a 3,500± square foot Automobile/Vehicle Sales facility with outdoor display at 6310-A Houston Place. 2) Planning Commission Resolution No. 04-59 Approving Conditional Use Permit (CUP) and Site Development Review (SDR) for PA 03-057 with CUP and SDR Conditions of Approval. 3) Community Development Director Resolution No. 07-03 Approving Vesting Tentative Parcel Map 9485 for Condominium Purposes. 4) Written Statement and Project Plans. RECOMMENDATION: l) Receive Staff presentation; ;?) Open the public hearing; 3) Take testimony from the Applicant and the public; 4) Close the public hearing and deliberate; and 5) Adopt Resolution (Attachment 1) approving a Conditional Use Permit to operate a 3,503± square foot Automobile/Vehicle Sales facility with outdoor display at 6310-A Houston Place. PROJECT DESCRIPTION: Background B & B Motorsports proposes to locate within a 3,500 square foot lenant space in an existing building at 6310-A Houston Place. The Project is located to the east of Dougherty Road and to the south of Houston Place as shown in the vicinity map to the right. Access to the Project '.Site is provided by two driveways on Houston Place. Please refer to the- map below for the surrounding uses: COPIES TO: Applicant Property Owner File PA 08-016 Page 1 of 6 G:\PA#\2008\PA 08-016 B&B Motorsports CUPTCSR 10. 14.08 Vicinity Map F C t ? o V a %iF SUBJECT SITE ?BRRA ?'r eNN BO Ov s a0 B?ULE`rr 'f'! fTT CO ITEM NO. Surrounding Uses Automobile Service & Repair Retait/Outdoor P Storage History a cc i s 64 I ?w t Residential _ r ` Yl Project Site The Project Site is located within a Planned Development (PD) Zoning District (PD 1411 ZU). The PD was originally approved by the Alameda County in 1979 (Alameda County Planning Commission Resolution 79-67) and allows for a combination of General Commercial (C-2) and Light Industrial (M-1) uses. On September 28, 2004, the Planning Commission approved a Conditional Use Permit and Site Development Review (Resolution 04-059) to amend the PD Regulations and approve the expansion of an existing warehouse building. The PD amendment modifies the permitted uses and off-street parking requirements to expand an existing warehouse building from 4,620 square feet to 11,917 square feet, located at 6310 Houston Place (Attachment 2). The expansion of the existing building decreased the amount of on-site surface parking areas for the Site. The Off-Street Parking and Loading regulations (Chapter 8.76 of the Zoning Ordinance) sets forth the minimum parking requirements for all use types. These minimum parking requirements must be met in order for a use type to be adequately served with off-street parking. To address the lack of off-street parking, the amendment to the 1411 Z.U. PD Zoning District regulations removed four land use types including: Bank, Eating and Drinking Establishment, Health Services, and School-Commercial. To ensure that the remaining permitted use types would have adequate off-street parking, the PD amendment requires a review of parking prior to future tenants occupying the Site (Attachment 2). On May 30, 2007, the Community Development Director approved Tentative Parcel Map (TPM) 9485 to subdivide an existing 11,322 square foot building into two condominiums for the purpose of sale at 6310 Houston Place, with Suite A (also known as Unit 1) being 5,082± square feet and Suite B (also known as Unit 2) 5,140± square feet. 29 parking spaces have been divided between the two suites with 13 parking spaces designated to Suite A and 14 parking spaces designated to Suite B, with 2 accessible parking spaces available for the overall Site (Attachment 3). Suite B has one tenant. Suite A, the subject of the application, is currently vacant and B&B Motorsports proposes to use two-thirds of the space. Please see Site Plan on page 4. 2 of 6 ANALYSIS: Current Proposal The Applicant currently requests approval of a Conditional Use Permit (CUP) to operate an Automobile/Vehicle Sales facility with outdoor display of 2 vehicles in a 3,500± square foot tenant space located at 6310-A Houston Place. B&B Motorsports proposes a wholesale and retail automobile/vehicle sales use. There is no vehicle repair, maintenance or washing of vehicles on-site. The 3,500± square foot space will be utilized as an office and indoor vehicle display area within an existing building. B&B Motorsports proposes to operate Monday through Saturday between the hours of 9 a.m. to 6 p.m. with a maximum of 2 employees. Vehicles for sale will be acquired from auto auctions and dealers and will be delivered to the site by individual drivers during business hours. Automobile/vehicles sales will be conducted primarily through the internet. Parking The City of Dublin Zoning Ordinance contains parking requirements by use type (Section 8.76.080.D). An Automobile/Vehicle Sales and Service use is required to provides one parking space per 1,000 square feet of indoor/outdoor display area and one parking space per 250 .square feet of office space as shown below in Table 1. Tnhle 1- Reamire.d/Pronosed Parking ^Permitted A Zoning Proposed Use of Parking Parking Total Use Type Ordinance 3,500± Sq. Ft. Requirement Provided Parking Parking Tenant Space Based on 3,500± Provided Requirement S q. Ft. Use Automobile/ ¦ 1 per 1,000 •3,000 square feet • 3 spaces ¦ 3 spaces • 7 spaces Vehicle Sales square feet of of indoor vehicle (indoor display (indoor and Service indoor/outdoor display area) display area) display area • 500 square feet of ¦ 2 spaces • 2 spaces ¦ 1 per 250 Office (office) (office) square feet of • 2 spaces (outdoor • 2 spaces • 2 spaces office display) (outdoor (outdoor display) display) The Applicant proposes to occupy a 3,500± square foot tenant space, with 500 square feet devoted to office use and 3,000 square feet devoted to indoor vehicle display, as shown below in the Site Plan. In addition, 2 parking spaces will be designated for outdoor vehicle display. Therefore, B&B Motorsports proposes to occupy a total of seven (7) of the thirteen (13) designateci parking spaces for Suite A. 3 of 6 Site Plan ,'?' III" I _ I .? (II EQJ? ME& p +?+.. F3.= rYlYr PC. a'wJ F gu ire -- t -Orin A _rj? ...,ate- •;. 'K°:. .. n 6D• a?' Y' a 9}x' Six (6) spaces remain for use by future tenants of the remaining portion of Suite A (2,400± square feet). A review of the Zoning Ordinance revealed that there are a total of 6 permitted uses by right that would require 6 or less parking spaces for the 2,400± square foot space. These uses include printing/publishing, warehousing/distribution, sales and services, auto brokerage, as well as mini storage and retail furniture appliance facilities. Staff has included a Condition requiring the Applicant to provide the City with a signed letter by the property owner acknowledging that as long as B&B Motorsports continues as a tenant of 6310-A Houston Place, tenant of the second space at 6310-A Houston Place would be limited to the list of 6 permitted uses mentioned above. Please see attached Resolution, Condition #12 in ,attachment 1. The proposed use is appropriate because it is compatible with surrounding properties. The proposed use is also compatible with the other use in the building which includes an Automobile/Vehicle Repair and Service use. The AutomobileNehicle Sales use is permitted with a CUP and the CUP is consistent with the PD Zoning District. The proposed 7 parking spaces would saisfy the parking requirement for an Automobile/Vehicle Sales use. ENVIRONMENTAL REVIEW: The Project has been found to be categorically exempt from the California Environmental Quality Act (CEQA), under the section 1530La of the CEQA Guidelines because the Project consists of leasing an existing facility involving no expansion of an existing structure. 4 of 6 PUBLIC NOTICE: In accordance with State law, a public notice regarding this hearing was mailed to all property owners and occupants within 300 feet of the proposed project. A public notice was also published in the Valley Times and posted at several locations throughout the City. To date, the City has not received comments or objections from surrounding property owners or tenants regarding the current proposal. CONCLUSION: B&B Motorsports proposes to operate a 3,500± Automobile/Vehicle Sales facility with outdoor display of 2 vehicles (500 square feet devoted to office use and 3,000 square feet devoted to indoor vehicle display). B&B Motorsports proposes to occupy 7 of the 13 parking spaces designated for Suite A. The proposed use meets the Automobile/Vehicle Sales and Service parking requirements established in the Dublin Zoning Ordinance (Section 8.76.080.D). The proposed use is appropriate because it is compatible with surrounding properties and with the other use in the building which includes an automobile/vehicles repair and service use. RECOMMENDATION: Staff recommends that the Planning Commission: 1) Receive Staff pr--sentation; 2) Open the public hearing; 3) Take testimony from the Applicant and the public; 4) Close the public hearing and deliberate; and 5) Adopt Resolution (Attachment 1) approving a Conditional Use Permit to operate a 3,500± square foot Automobile/Vehicle Sales facility with outdoor display at 6310-A Houston Place. 5 of 6 GENERAL INFORMATION: PROPERTY OWNER: APPLICANT: LOCATION: GENERAL PLAN DESIGNATION: SPECIFIC PLAN DESIGNATION: EXISTING ZONING: Eckhard Evers E. Evers Inc. 65 Monterey Drive Tiburon, CA, 94920 Roger Shanks Roger Shanks Consulting 5865 Owens Drive Pleasanton, CA, 94588 6310-A Houston Place. (APN 541-0550-067) Business Park/Industrial and Ot.tdoor Storage None Planned Development (1411 Z.U.) ENVIRONMENTAL REVIEW: This project has been found to be categorically exempt from the California Environmental Quality Act (CEQA), under section 15301.a of the CEQA Guidelines because the Project consists of leasing an existing facility involving no expansion of an existing structure. SURROUNDING USES: GENERAL PLAN CURRENT USE OF LOCATION ZONING LAND USE PROPERTY Business Park/Industrial and Automobile/Vehicle Repair and Project Site Planned Development (PD) Outdoor Storage Service & Vacant tenant space North PD Medium/High-Density Residential Residential and Retail Office South PD Business Park/Industrial and Retail Sales/Outdoor Storage Outdoor Storage PD Business Park/Industrial and Office East Outdoor Storage Business Park/Industrial and AutomobileNehicle Repair and West PD Outdoor Storage Service 6of6 RESOLUTION NO. 08-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT TO OPERATE A 3,500± SQUARE FOOT AUTOMOBILE/VEHICLE SALES FACILITY WITH OUTDOOR DISPLAY OF 2 VEHICLES LOCATED AT 6310-A HOUSTON PLACE (APN 941-0550-067) PA 08-016 WHEREAS, the Applicant, Roger Shanks, has requested approval of a Conditional Use Permit to operate an Automobile/Vehicle Sales Facility with outdoor display of 2 vehicles at 6310-A Houston Place; and WHEREAS, the proposal includes a 3,500± square foot tenant space, with 500 square feet devoted to office use and 3,000 square feet devoted to indoor vehicle display, within a portion of Suite A of the Grayson Industrial Building; and WHEREAS, outdoor vehicle display shall be limited to 2 spaces and shall be depicted as shown in the project plans stamped approved received by the Planning Department on August 19, 2008; and WHEREAS, B&B Motorsports is required to provide five (5) parking spaces along with 2 additional parking spaces for outdoor display, and will occupy a total of seven (7) parking spaces for the use (2 parking spaces required for the office use, 3 spaces required for the indoor display area, and 2 spaces needed for the outdoor display); and WHEREAS, the proposed location for the Automobile/Velticle Sales Facility is zoned Z.U. Planned Development (PD) with underlying C-2 (General Commercial) and M-1 (Light Industrial) and the General Plan Land Use designation for the proposed locatior_ is Business Park/Industrial and Outdoor Storage; and WHEREAS, an Automobile Wholesale and Retail Sales Facility, classified under Automobile/Vehicle Sales and Service Use type per the Dublin Zoning Ordinance, is a conditionally permitted use for the site; and WHEREAS, a complete application for the above noted entitlement request is available and on file in the Community Development Department; and WHEREAS, the Project Site consists of an industrial building comprised of automobile/ vehicle repairs and service uses; and WHEREAS, the Project has been found to be categorically exempt from the California Environmental Quality Act (CEQA), under the section 15301.a of the CEQA Guidelines because the Project consists of leasing an existing facility involving no expansion of an existing structure; and WHEREAS, the Planning Commission did hold a public hearing on said project application on October 14, 2008; and ATTACHMENT I WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Planning Commission did hear and considor all said reports, recommendations and testimony hereinabove set forth and used independent judgment to make the decision. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin does hereby make the following findings and determinations regarding said proposed Conditional Use Permit: A. The proposed Automobile/Vehicle Sales Facility use is compatible with surrounding business park/industrial and outdoor storage/retail/office and automotive land uses, transportation and service facilities in the vicinity because: 1) the proposed use i 3 located in an area with surrounding uses comprising of automobile/vehicle repair and service, retail/office and storage and other similar commercial and industrial uses; 2) Chapter 8.08 Definitions includes establishments that provide automobile/vehicle sales under the "Automobile/Vehicle Sales and Service" definition; and 3) Section 8.12.050 states that an Automobile/Vehicle S ales and Service Use is permitted on the site with a Conditional Use Permit. B. The proposed use, as conditioned, will not adversely affect th? health or safety ofpersons residing or working in the vicinity nor will it be detrimental to the public health, safety and welfare because: 1) conditions of approval have been placed on the project to ensure that the site development will be compatible with surrounding properties =d will not result in undue noise, air or water pollution, heat, odor, or dust. C. The proposed use, under all circumstances and conditions or this permit, will not be injurious to property or improvements in the neighborhood because: l) the proposed use will occupy an available tenant space within a developed site and does not involve any physical alterations to the site; and 2) the proposed Automobile/Vehicle Sales Facility will comply with all City of Dublin regulations. D. There are adequate provisions for public access, water, sanitation and public utilities and services to ensure that the proposed use will not be detrimental to the public health, safety and welfare because: 1) the site is completely improved and servic:d by all appropriate utilities and infrastructure; and 2) the area was designed to accommodate, variety of uses and the proposed use fits in with the intended uses of the area. E. The subject site is physically suitable for the type and intensity of the use being proposed because: 1) the Automobile/Vehicle Sales Facility will operate within <m existing tenant space in an existing industrial building; 2) the existing roadway network leading to the site and the availability of existing on and off-street parking is adequate to serve the proposed use; and 3) the use is compatible with the other use in the building which include automobile/vehicle repair and service uses. F. The proposed use will not be contrary to the specific intent clauses, development regulations, and performance standards established for the Z. U. PD Zoning District because: 1) the Automobile/Vehicle Sales use is allowed by a CUP and the CUP is consistent with the PD Zoning District. 2 G. The approval of this Conditional Use Permit is consistent with the General Plan because 1) the proposed use is permitted with a Conditional Use Permit and meets the intentions of the Zoning District and General Plan Land Use Designation in which it is located. BE IT FURTHER RESOLVED that the Planning Commission does hereby conditionally approve PA 08-016 a Conditional Use Permit, to operate a 3,500± square foot Automobile/Vehicle Sales facility with outdoor display of 2 vehicles within an existing 11,831± square foot building at 6310-A Houston Place, as generally depicted in the Staff Report dated October 14, 2008 and by the project plans, dated received August 19, 2008 stamped approved and on file wi :h the Dublin Planning Department, subject to compliance with the conditions listed below: 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: [PL] Planning, [131 Building, [PO] Police, rPW] Public Works [ADM] Administration/City Attorney, fF1Nl Finance, LI Alameda County Fire Department, [DSRSDI Dublin San Ramon Services District f COLAlameda County Department of Environmental Health. CONDITION TEXT RESP.ON. WHEN SOURCE AGENCY REQ'D Prior to: PLAN NING-STANDARD CONDITIONS 1. Approval. This Conditional Use Permit approval for PA PL On-going Standard 08-016 is to allow the operation of a 3,500 square foot used automobile sales facility within an existing 11,831± square foot building at 6310-A Houston Place in the PD, Planned Development (1411 Z.U.) Zoning District. Outdoor vehicle display shall be limited to 2 parking spaces. This approval shall generally conform to the project plans and statements stamped approved received by the Planning Department on August 19, 2008. 2. Permit Expiration and Time Extension. Approval of this PL One year DMC Conditional Use Permit shall be valid for one year from the date of 8.96.020. effective date. This approval shall be null and void in the approval D and E event the approved use fails to be established within one year, or ceases to operate for a continuous one-year period. The original approving decision-maker may grant a time extension for a period no longer than six (6) months given that the Applicant submits a written request for an extension of approval prior to expiration and that any Conditions of Approval remain adequate to assure that applicable findings of approval will continue to be met. Disputes over permit expiration and time extension requests may be publicly noticed and heard before the Planning Commission. 3 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 3. Revocation. The Conditional Use Permit will be revocable PL On-going Standard for cause in accordance with Section 8.96.020.1 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this approval shall be subject to citation and possible revocation. 4. Compliance. The Applicant/Property Owner shall develop PL On-going Standard this project and operate all uses in compliance with the Conditions of Approval of this Conditional Use Permit and the regulations established in the Zoning Ordinance. Any violation of the terms or conditions specified may be subject to enforcement action. 5. Minor Amendments. Modifications or changes to this PL On-Going CUP Conditional Use Permit approval may be considered and approved by the.Community Development Director, if the modifications or changes proposed comply with Section 8.100.080, of the Zoning Ordinance. 6. Outdoor Events. Any outside events shall be subject to PL On-going Standard the Temporary Use Permit requirements contained in the City of Dublin Zoning Ordinance. 7. Signs. A Master Sign Program is required prior to PL Issuance of Standard installation of any permanent signs. Building Permits 8. Fees. The Applicant shall pay all applicable fees in effect PL Issuance of Standard at the time of building permit issuance, including, but not Building limited to, Planning Fees, Building Fees, Dublin San Permits Ramon Service District fees, Public Facilities fees, Tri Valley Transportation fees, Downtown Traffic Impact Fee, Dublin Unified School District impact fees, City of Dublin Fire Bureau fees, Noise Mitigation fees; Inclusionary Housing in lieu fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water connection fees. When and if applicable and customary, credits shall be applied for existing improvements. 9. Property Maintenance. The property shall be maintained PL On-going Standard in accordance with Section 5.64, Property Maintenance of the Dublin Municipal Code. The Applicant and/or property owner shall keep the property maintained in a safe, clean and litter-free condition at all times. CONDITION TEXT RESPON. WHEN, SOURCE AGENCY REQ'D Prior to: 10. A-Frame Signs. The use of any A-Frame, portable, PL On-going DMC sandwich-board, pennants or human held signs on the 8.84.150 premises is strictly prohibited. Said signs and any form of off-site advertising signs shall be prohibited upon any public property, including City streets and sidewalks. 11. Temporary Promotional Banners and Balloons. PL On-going DMC Temporary Promotional Banner Signs and Balloons shall 8.84.050 only be permitted after first securing an approved Temporary Promotional Sign Permit. PLAN NING-PROJECT SPECIFIC CONDITIONS 12. Signed Agreement Regarding Future Use Types. Prior PL Prior to CUP to occupancy, the Applicant shall provide the City with a Occupancy letter, signed by the property owner, acknowledging that, so long as B&B Motorsports continues to be a tenant of 6310- A Houston Place, any tenant of the second space at 6310-A Houston Place shall be limited to one of the permitted uses that, pursuant to Section 8.76.080.D of the Dublin Zoning Ordinance, require six (6) parking spaces or less. These permitted uses are: Storage Lot, Printing and Publishing, Warehousing and Distribution, Sales and Service, Brokerage, Mini-Storage, Retail-Furniture/large appliances/flooring. 13. DMV License. Prior to occupancy, the Applicant shall PL Prior to CUP provide the City of Dublin with a copy of a DMV license. Occupancy 14. Hours of Operation. The approved hours of operation PL On-going CUP shall be limited to: Monday through Saturday 9 a.m.-6 p.m. Any other events and activities proposed by B&B Motorsports shall first be subject to review by the Community Development Director. 15. No Vehicle Repair or Service. There shall be no vehicle PL On-going CUP repair or service done on-site. 16. No On-Site Washing of Vehicles. There shall be no PL On-going CUP washing of vehicles on-site. 17. Indoor/Outdoor Vehicle Display. Indoor vehicle display PL On-going CUP shall be limited to 3,000 square feet. Outdoor vehicle display shall be limited to 2 parking spaces. Outdoor display spaces shall be depicted as shown in the project plans stamped approved received by the Planning Department on August 19, 2008, labeled Attachment 3 to this Staff Report. CONDITION TEXT RESP.ON. WHEN SOURCE AGENCY REQ'D Prior to: 18. Delivery of Vehicles. Delivery of vehicles shall occur PL On-going CUP during regular business hours and shall be delivered by individual drivers. 19. Parking. Applicant is to provide a total of 7 on-site parking PL On-going CUP spaces for the proposed used automobile sales facility at the project location. In addition, 2 spaces provided for outdoor vehicle display. Therefore, the Applicant will occupy a total of 7 parking spaces at the project location. 20. Noise/Nuisance. The Applicant shall control all activities PL On-going CUP on the site so as not to create a nuisance to the surrounding businesses and residents. No loudspeakers or amplified music shall be permitted to project or be placed outside the building. BUIL DING-STANDARD CONDITIONS 21. Building Permits. To apply for building permits, the B Issuance of Standard Applicant shall submit five (5) sets of construction plans to Building the Building Division for plan check. Applicant/Developer Permits will be responsible for obtaining the approvals of all participating non-City agencies prior to the issuance of building permits. 22. Building Codes and Ordinances. All project construction B Through Standard shall conform to all building codes and ordinances in effect Completion at the time of building permit. 23. Construction Drawings. Construction plans shall be fully B Issuance of Standard dimensioned (including building elevations) accurately Building drawn (depicting existing and proposed conditions on site). Permits 24. Addressing. Address and function (e.g. Entrance, Exit B Prior to Standard Only, Employees Only) will be required on all doors Occupancy leading to the exterior of the building. Addresses shall be illuminated and be able to be seen from the street, 5 inches in height minimum. 25. Air Conditioning Units. Air conditioning units and B Occupancy Standard ventilation ducts shall be screened from the public view with materials compatible to the main building. Units shall be permanently installed on concrete pads or other non- movable materials to approved by the Building Official and Director of Community Development. FIRE-STANDARD CONDITIONS 26. Exit Signs. Exit signs shall be visible and illuminated with F On-going Standard emergency lighting when the building is occupied. CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 27. Exit Doors. When applying for building permits, all exit F Issuance of Standard doors shall be clearly identified on the floor plan. Building Permits 28. Occupancy Classifications. When applying for building F Issuance of Standard permits, clearly identify locations and occupancy Building classifications of the other occupants in the building. Permits 29. Occupancy Separations. When applying for building F Issuance of Standard permits, show locations of any occupancy separations Building required by the 2008 California Building Code. Permits 30. Key box. A Fire Department key box is required and shall F On-going Standard be installed at the main entrance of the building. Please note these locations on the construction plans. The key box should be installed a minimum of 5 1/2 feet above grade. The box shall be sized to hold the master key to the facility as well as keys for rooms not accessible by the master key. Specialty keys, such as the fire alarm control box key and elevator control keys shall also be installed in the box (CFC 506). The key box door and necessary keys are to be provided to the fire inspector upon the final inspection. 31. Deferred Submittals. When applying for Building Permits, F Issuance of 2007 CFC provide on the Title or Cover Sheet under the heading Building 901.2 Deferred Submittals all of the deferred submittal items: Permits -Fire sprinkler modifications -Fire monitoring system install or modifications 32. Addressing. Approved numbers or addresses shall be F On-going CFC placed on the tenant space in such a position as to be plainly 914.4.4. visible and legible from the street or road fronting the property. Address numbers shall be placed on a contrasting back round. 33. General Inspection. Upon inspection of the work for F Final CFC which this submittal was provided, a general inspection of 301.1 the business and site will be conducted. 34. Building and Fire Codes. The project shall comply with F Final Standard Uniform Building and Fire Codes as adopted by the City of Dublin. 35. Interior Finish. When applying for building permits, wall F Issuance of CFC 803 and ceiling interior finish material shall meet the Building requirements of Chapter 8 of the California Fire Code. Permits Interior finishes will be field verified upon final inspection. If the product is not field marked and the marking visible for inspection, maintain the products cut-sheets and packaging that show proof of the products flammability and flame- spread ratings. Decorative materials shall be fire retardant. CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 36. Monitoring Requirements for Existing Fire Sprinkler F On-going 2002 Systems NFPA 13 a) Central Station Monitored Account. Automatic fire section extinguishing systems within buildings shall have 6.9.1 & all control valves and flow devices electrically 2007 CFC supervised and maintained by an approved central 903.4.1 alarm station. Zoning and annunciation of central station alarm signals shall be submitted to the Fire Department for approval. The central station monitoring service shall be either certificated or placarded as defined in N.F.P.A. Standard No. 72. Assure the specific account is UL Certificated or Placarded and not just the monitoring station. b) Monitoring System Plans (Deferred Submittal Item). If it is necessary to install a fire alarm monitoring system or modify art existing system in order to obtain a Certificated or Placarded account, plans and specifications shall be submitted to the fire department for review and approval of the installation or modifications. c) Fire sprinkler system shall have an audible alarm in each suite served b the fire sprinkler system. 37. Fire Sprinklers. Existing fire sprinkler systems shall be F On-going Standard modified as necessary to provide protection of all tenant improvements. Submit detailed mechanical drawings of all sprinkler modifications, including cut sheets, listing sheets and calculations prepared by a state licensed C-16 contractor to the Fire Department for approval and permit prior to commencement of work. All sprinkler system components shall remain in compliance with the applicable NFPA 13 Standard, the California Fire Code and the California Building Code. The fire sprinkler shall have an audible alarm in each suite served by the fire sprinkler system. If the existing fire sprinkler system does not have a current 5-year certification, such will need to be obtained and all deficiencies must be corrected prior to project final. If the existing fire sprinkler system has a current 5-year certification, copies of the last 4 quarterly reports will need to be provided to the Fire inspector prior to final review. FIRE-PROJECT SPECIFIC CONDITIONS 38. Vehicles Stored Indoors. Vehicles stored indoors shall F On-going CUP have the battery disconnected, with a maximum fuel tank of 2007 CFC 5 gallons. There shall be no fueling inside the building and 314.4 no repairs shall be done inside the building. CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 39. Fire Extinguishers. Fire extinguishers shall be visible and F Occupancy/ CUP unobstructed. Signage shall be provided to indicate fire On-going extinguisher locations. The final number and location of extinguishers shall be as indicated by the fire inspector (CFC 906). Fire Extinguishers shall meet a minimum classification of 2A l OBC. Extinguishers weighing 40 pounds or less shall be mounted no higher than 5 feet above the floor measured to the top of the extinguisher. Extinguishers shall be inspected monthly and serviced by a licensed professional annually. PUBLIC WORKS-STANDARD CONDITIONS 40. Encroachment Permit. The Applicant shall obtain an PW On-going PW Encroachment Permit from the Public Works Department for any work within the public street rights-of-way. 41. Damage/Repairs. The Applicant/Developer shall be PW Occupancy PW responsible for the repair of any damaged pavement, curb and gutter, sidewalk or other public street facility resulting from construction activities associated with the 1 development of the project. POLICE-STANDARD CONDITIONS 42. Security Ordinance. The Applicant shall comply with all PO On-going CUP applicable City of Dublin Non Residential Security Ordinance requirements related to addressing, lighting, landsca in , skylights, doors, etc. 43. Graffiti. The Applicant shall keep the site clear of graffiti - PO On-going CUP vandalism on a regular and continuous basis at all times. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve PA 08-016, a Conditional Use Permit to operate a 3,500± square foot Automobile/Vehicle Sales facility with outdoor display of 2 vehicles within an existing 11,831± square foot building at 6310-A Houston Place, as generally depicted by the Site Plan and written statement dated received August 19, 2008, stamped approved and on file with the Dublin Planning Department. PASSED, APPROVED AND ADOPTED this 14th day of October : 008 by the following vote: AYES: NOES: ABSENT: ABSTAIN: 9 Planning Commission Chair ATTEST: Planning Manager G:\PA#\2008\PA 08-016 B&B Motorsports CUPTC Reso 10.14.08.doc 10 RESOLUTION NO. 04-59 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW TO AMEND THE PD, PLANNED DEVELOPMENT ZONING DISTRICT ALSO KNOWN AS THE 1411 Z.U. AND TO EXPAND AN EXISTING WAREHOUSE BUILDING LOCATED AT 6310 HOUSTON PLACE (APN 941-0550-067) PA 03-057 t WHEREAS, the Applicant, Cary Grayson, an agent of G&G International Holding Group, Inc, is requesting approval of a Conditional Use Permit to amend the PD, Planned Development Zoning regulations for the 1411 Z.U. as it pertains to permitted uses of land and off-street parking requirements for the property located at 6310 Houston Place; and WHEREAS, the Applicant, Cary Grayson, is also requesting approval of Site Development Review for the expansion of an existing warehouse building from 4,620 square feet to a maximum of 11,917 square feet; and WHEREAS, there are no known tenants for the proposed warehouse building in order to determine whether the proposed on-site parking is adequate to serve future land uses; and WHEREAS, the Zoning Ordinance provides a mechanism for determining what the appropriate parking requirement should be for a new building or development project without known tenants by taking the minimum number of parking spaces required by Section 8.76.080 for a mix of use types typical of comparable buildings or development projects within the same zoning district; and WHEREAS, a review of the PD, Planned Development Zoning District (1411 Z.U.) revealed that use types for comparable bui!dings and development projects include, automotive repair/service; light industrial; and, warehousing and distribution; and WHEREAS, the minimum parking requirement for this mix of use types, applied to the proposed 11,917 square foot building, ranges from 12 parking stalls to more than 30 parking :;tails; and WHEREAS, the project proposes the following 3 options in order to provide adequate off-street parking for the expanded warehouse building: 1) providing 29 off-street parking stalls for an +11,917 square foot building; 2) providing 33 parking stalls for a +11,017 square foot building; or, 3) providing 39 parking stalls for an +10,137 square foot building; and WHEREAS, in order to make the required findings for the Site Development Review request to expand the existing warehouse building at 6310 Houston Place, an amendment to the PD, Planned Development Zoning regulations is required to ensure that adequate off-street parking will be provided for the future unknown tenants of the proposed building; and WHEREAS, the Zoning Ordinance allows the Planning Commission by means of a Conditional Use Permit to approve minor amendments to an adopted Development Plan upon a finding that the amendment substantially complies with and does not materially change the provisions or intent of the adopted Planned Development Zoning District Ordinance for the site; and WHEREAS, when a Site Development Review is required for a project which is also subject to a Conditional Use Permit, the Site Development Review shall be approved, canditionally approved or denied by the same decision maker or body for the Conditional Use Permit; and WHEREAS, the California Environmental Quality Act (CEQA), together with State Guidelines and City environmental regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and Attachment 2 WHEREAS, the project has been found to be Categorically Exempt from CEQA according to CEQA Guidelines Section 15301(e)(2); and WHEREAS, the Planning Commission did hold a public hearing cn said project application on September 28, 2004; 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 said application; 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 11' RESOLVED THAT the Planni -ig Commission of the City of Dublin hereby finds that the following provisions shall apply in amending the PD, Planned Development Zoning District Ordinance for the 1411 Z.U., Alameda County Board of Supervisors Ordinance 79-82: Section 1. This amendment to the PD, Planned Development Zoning District for the 1411 Z.U. shall apply only to the property located at 6310 Houston Place also identified by Assessor Parcel Number 941-0550-067 and as shown below: 6310 Houston Place APN 941-0550-064 Section 2. All use types permitted in the C-2, General Commercial and M-1, Light Industrial zoning districts shall also be permitted uses in the PD, Planned Development Zoning District (in accordance with Ord. 79-82) except for the following which are hereby removed as part of this amendment: 1. Bank 2. Eating & Drinking Establishment 3. Health Services 4. School -Commercial Section 3. Except as modified herein, all requirements and regulations of Chapter 8.76, Off-Street Parking and Loading Regulations of the Dublin Zoning Ordinance shall apply: Full-size parking spaces may be reduced from the Zoning Ordinance standard of 9-feet in width and 20-feet in length to 9-feet in width and 18-feet in length Section 4. Prior to the establishment of any use, issuance of any building permit, or approval of any business license, the prospective tenant and/or property owner shall first obtair zoning approval by the Community Development Director demonstrating that adequate on-site parking is available to serve the use and all other uses occupying the site. Section 5. Permitted use types that cannot meet the minimum parking requirements shall not occupy the site unless a parking exception is granted. Minimum parking requirements by use type are set forth in Section 8.76.080 of the Dublin Zoning Ordinance. Section 6. Parking exceptions may be granted in accordance with Chapter 8.76, Off-Street Parking and Loading Regulations of the Dublin Zoning Ordinance. Section 7. Alternative parking arrangements, i.e. automobile lifts, may be considered by the Community Development Director upon application for Site Development Review and in accordance with Chapter 8.104 of the Dublin Zoning Ordinance. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE Planning Commission of the City of Dublin does hereby make the following findings and determinations regarding said Conditional Use Permit/Site Development Review: The amendments set forth above to the PD, Planned Development .honing District also known as the 1411 Z.U. substantially comply with and do not materially change the provisions or intent of the adopted Planned Development Zoning District Ordinance for the site (Alameda County Board of Supervisors Ordinance 79-82) in that, the intent of the 1411 Z.U. was to allow for a wider variety of use types within the zoning district by allowing both C-2, General Commercial a-id M-l, Light Industrial uses and the proposed amendment will further this intent while ensuring that adequate on-site parking can be provided to serve the uses contained thereon. 2. The proposed project, as conditioned, is consistent with the purpose and intent of Chapter 8.104, Site Development Review in that, the project will contribute to attractive and harmonious site development compatible with the surrounding properties within the same zoning district. The proposed project, as conditioned, complies with the policies of the General Plan, the development regulations and performance standards established for the PD, Planned Development Zoning District and the C-2, General Commercial and M- 1, Light Industrial zoning districts, and with all other requirements of the Zoning Ordinance in that, it is compatible with the General ;'lan land use designation of Business Park/industrial: Outdoor Storage; conforms with the setback and height limitations; and, will not be contrary to the performance standards set forth in Section 8.28.030 & 8.28.040 of the Zoning Ordinance. 4. The proposed project, as conditioned, will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety, and general welfare in that, conditions of approval have been placed on the project to ensure that the site development will be compatible with surrounding properties and will not result in undue noise, vibration, air pollution, glare, heat, odor, or dust. 5. The proposed site development, including site layout, structures, vesicular access, circulation and parking, setbacks, height, walls, public safety and similar elements, have been designed to provide a desirable environment for the development in that, building size, orientation, and landscaping has been reviewed for maximum functionality and restrictions have been incorporated through a Conditional Use Permit to amend the PD Zoning District to ensure the provision of adequate c ff-street parking for future uses. 6. The subject site is physically suitable for the type and intensity of the proposed development in that, it is a developed site with all necessary improvements either existing or included as conditions of approval for access, water and utilities which will support the expanded building. 7. Impacts to views have been addressed in that, the height of the wilding will not exceed the maximum height restriction of 35-feet for the PD Zoning District in which it is located and the project is not located within an established view corridor. 8. There are no impacts to existing slopes and topographic features because the project will be located on an already developed site that is generally flat. 9. Architectural considerations, including the quality of the design, ar,,hitectural relationship with the site and other buildings, building materials and colors, exterior lighting and similar elements have been incorporated into the project and as conditions of approval to ensure compatibility of this development with the development's design concept and the character of adjacent buildings and uses. 10. Landscape considerations, including location, type, size and coverage of plant materials have been considered and incorporated into the project to ensure visual reliefalong Houston Place and an attractive environment for the public, the adjacent apartment community, and surrounding businesses. It. The proposed project, as conditioned, is consistent with the Dublin General Plan in that, it is for the expansion of an existing warehouse building for commercial/industrial uses which is consistent with the General Plan land use designation of Business ParkAndustrial: Outcoor Storage. BE IT FURTHER RESOLVED THAT the Planning Commission does hereby approve said application PA 03-057, Grayson Industrial Building Conditional Use Permit/Site Development Review to amend the PD, Planned Development Zoning regulations for the 1411 Z.U. as it pertains to permitted uses of land and off-street parking requirements for the property located at 6310 Houston Place and for the expansion of an existing warehouse building from 4,620 square feet to a maximum of 11,917 squar! feet, at 6310 Houston Place, within a PD, Planned Development Zoning District, as depicted iii the attached Project Plans labeled Exhibit A. subject to 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: [PL] Planning, [B] Building, [PO] Police, [PW] Public Works, [ADM] Administration/City Attorney, [FIN] Finance, [PCS] Parks and Community Services, [F] Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [LDD] Livermore Dublin Disposal, [CO] Alameda County Department of Environmental Health, [Zone 7] Alameda County Flood Control and Water Conservation District [LAVTA] Livermore Amador Valley Transit Authority, and [CHS] California Department of Health Services. NO. CONDITIONS OF APPROVAL Agency When Required, Prior to: Source GENERAL 1. Approval. This Conditional Use Permit/Site Development PL On-going Standard Review approval is to amend the PD, Planned Development Zoning regulations for the 1411 Z.U. as it pertains to permitted uses of land and off-street parking requirements for the property located at 6310 Houston Place and for the ex ansion of an existing warehouse building from 4,620 4 square feet to a maximum of 11,917 square feet also at 6310 Houston Place. This approval shall be as generally depicted and indicated on the plans prepared by National Computerized Designs (consisting of 8 sheets) dated received May 13, 2004, stamped approved and on file in the Community Development Department, and as specified b the following conditions of approval for this project. 2. Permit Expiration. Construction or use shall commence PL Prior to 8.96.020.D within one (1) year of Permit approval or the Permit shall September 28, lapse and become null and void. Commencement of 2005 construction or use means the actual construction or use pursuant to the Permit approval or, demonstrating substantial progress toward commencing such construction or use. If there is a dispute as to whether the Permit has expired, the City may hold a noticed public hearing to determine the matter. Such a determination may be processed concurrently with revocation proceedings in appropriate circumstances. If a Permit expires, a new application must be made and processed according to the requirements of this Ordinance. 3. Time Extension. The original approving decision-maker PL Prior to 8.96.020.E may, upon the Applicant's written request for an extension September 28, of approval prior to expiration, and upon the determination 2005 that any Conditions of Approval remain adequate to assure that applicable findings of approval will continue to be met, grant a time extension of approval for a period not to exceed six (6) months. All time extension requests shall be noticed and a public hearing or public meeting shall be held as required b the articular Permit. 4. Permit Validity. This Conditional Use Permit/Site PL On-going 8.96.020.F Development Review approval shall be valid for the remaining life of the approved structure so long as the operators of the subject property comply with the project's conditions of approval. 5. Revocation of permit. The Conditional Use Permit/Site PL On-going 8.96.020.1 Development Review approval shall be revocable for cause in accordance with Section 8.96.020.1 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this ermit shall be subject to citation. 6. Clean-up. The Applicant/Developer shall be responsible PL On-going Standard for clean-up and disposal of project related trash and to maintain a safe, clean, and litter-free site. 7. Modifications. Modifications or changes to this PL On-going 8.104.100 Conditional Use Permit/Site Development Review approval may be considered by the Community Development Director if the modifications or changes proposed comply with Section 8.104.100 of the Zoning Ordinance. 8. Controlling Activities. The Applicant/Developer shall PL On-going Standard control all activities on the project site so as not to create a nuisance to the surrounding businesses and residences. 9. Accessory/Temporary Strictures. The use of any PL On-going 8.108.020 accesso or temporary structures, including but not limited to, storage sheds, construction trailers, or storage container units, shall be subject to review and approval by the Community Development Director. 10. Fees. Applicant/Developer shall pay all applicable fees in Various Issuance of Standard effect at the time of building permit issuance, including, but Building not limited to, Planning fees, Building fees, Traffic Impact Permit Fees, TVTC fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees, City of Dublin Fire Services fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; or any other fee that may be adopted and applicable. 11. Voluntary Traffic Mitigation Contribution. The Issuance of Standard Applicant/Developer shall pay Voluntary Traffic Building Mitigation Contributions based on the number of daily Permit vehicle trips generated by the project. Alternatively, the Applicant/Developer shall pay the Traffic Impact Fee in effect at the time building, permits are issued for the project, assuming City adoption of a Downtown Traffic Impact Fee Program. The contribution or fee shall be collected for each new use based on the number of daily vehicle trips generated b said use. 12. Requirements and Standard Conditions. The Applicant/ Various Issuance of Standard Developer shall comply with applicable Alameda County Building Fire, Dublin Public Works Department, Dublin Building Permit Department, Dublin Police Services, Alameda County Flood Control District Zone 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Department of Health Services requirements and standard conditions. Prior to issuance of building permits or the installation of any improvements related to this project, the Developer shall supply written statements from each such agency or department to the Planning Department, indicating that all applicable conditions required have been or will be met. 13. Building Permits, Codes and Ordinances. The B On-going Building Applicant/Developer shall obtain all necessary permits from the Dublin Building Department. All project construction shall conform to all building codes and ordinances in effect at the time of building permits. 14. Fire Codes and Ordinances. All project construction shall F On-going Fire conform to all fire codes and ordinances in effect at the time of building permits. 15. Reproduce Conditions on Construction Plans. These PL Plan Check Planning conditions of approval shall be reproduced on page one (1) Submittal of the construction plans submitted for a building permit for this project. 16. Site Development Review Standard Conditions. The PL Issuance of Planning Applicant/Developer shall comply with the City of Dublin Building Site Development Review Standard Conditions attached as Permit Exhibit B. 17. Hold Harmless/indemnification. Applicant shall defend, PL, PW On-going Standard indemnify, and hold harmless the City of Dublin and its agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Planning Manager, Zoning Administrator, or any other department, committee, or agency of the City to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that the Applicant's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying the Applicant of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. 18. Solid Waste/Recycling. Applicant shall comply with the ADM On-going Standard City's solid waste management and recycling requirements per Ordinance No. 5-00 adopted 2/15/00 by the City Council. If required per the ordinance, Applicant shall develop and submit a Waste Reduction Plan and other required documentation, accompanied by appropriate security, to assure that the required 50% waste diversion goals are achieved. 19. Mechanical Equipment. All ducts, meters, back-flow PI,, B Issuance of Standard prevention devices, blow-off valves, pad-mounted utility Building devices, air conditioning equipment and other mechanical Permits equipment (As determined by the Planning Manager) that is on-site or roof mounted shall be screened from view of all public rights of way. The location of such equipment shall be subject to review and approval by the Planning Manager. A screening plan shall be submitted for review and approval by the Planning Manager and Building Official prior to approval of Building Permit. Said screening plan shall show that all visible mechanical and utility equipment shall be effectively screened from view with materials architecturally compatible with the materials of the structure. or with a roved landscaped features. 20. Final Landscape and Irrigation Plan. A Final PL Issuance of 8.72.030.A Landscaping and Irrigation Plan shall be prepared and Building or submitted for approval by the Director of Community Grading Development and shall conform to the general standards in Permits Dublin Zoning Ordinance section 8.72.030.A. PROJEC T SPECIFIC - 21. Lighting Details. The plans show the installation of wall PL Installation Planning mounted lighting on all four sides of the building; however no specific light fixture design has been approved as part of this Site Development Review. Before the installation of any wall mounted lights, the design shall be submitted for review and approval b the Planning Manager. 22. Window Si na e. -Signs, advertisements, and other PL On-going 8.84.050.W displays shall not cover or obscure more than 25% of window area. 23. Wall and Freestanding Signage. No signage is approved PL, PW Installation 8.84.110 & as part of this application. All signage proposed for the 8.84.120 building shall be submitted separately as a Master Sign Program application. Design of any monument signs shall be approved both by the Planning Manager to assure compatibility with design elements of the project, and by the Director of Public Works to assure unobstructed traffic visibility. No signs shall be built in an easement. 24. Building Color and Materials. Prior to painting the Pl, Application of Planning whole building, the Applicant shall apply the color on materials and either a portion of the building or a large sample that is colors similar in material, with the proposed color, subject to review and approval b the Planning Manager. 25. Trash enclosure. Trash enclosures shall be designed to be P`V, PL Approval of Standard architecturally compatible with the proposed building and Improvement shall include self-closing gates. Final design and elevations Plans of the trash enclosure shall be reviewed and approved by the Planning Manager. The refuse collection service provider shall be consulted to ensure that adequate space is provided to accommodate collection and sorting of solid waste as well as source- separated recyclable materials generated by this project. A trash bin enclosure shall be 10 feet by 12 feet in size for a single bin. Bins shall not be larger than 4 yards in capacity. The enclosure shall have a roof constructed of materials that are architecturally compatible with the proposed building. A concrete apron extending 10-feet from the face of the enclosure shall be installed in front of the entire width of the enclosure. The enclosure shall have a 6-inch by 6-inch curb on the inside of the enclosure wall to protect the walls of the enclosure from the bins. The enclosure shall be built of concrete block or equivalent and shall have solid metal doors. Chain link doors are riot permitted. The doors must be designed so that they can be locked closed and can also be held open with pin locks during loading. Trash bin enclosures shall be finished so that they are architecturally compatible with the related main structure. Trash bin enclosures shall be properly maintained and free of graffiti. All trash bins used for this site shall be maintained within the trash bin enclosure(s) at all times. Surface drainage shall be directed away from the trash area. BUILDIN G DIVISION 26. Building Permits. To apply for building permits, the B F I Issuance of Building A licant/Develo er shall submit eight (8) sets of Building construction plans to the Building Division for plan check. Permits Each set of plans shall have attached an annotated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. The Applicant/Developer will be responsible for obtaining the approvals of all participating non-City agencies prior to the issuance of building permits. 27. Construction Drawings. Construction plans shall be fully B Issuance of Building dimensioned (including building elevations) accurately Building drawn (depicting all existing and proposed conditions on Permits site) and prepared and signed by a California licensed Architect or Engineer. All structural calculations shall be prepared and signed by a California licensed Architect or Engineer. The site plan, landscape plan, and details shall be consistent with each other. 28. Addressing. Addresses will be required on all doors B Occupancy Building leading to the exterior of the building. Addresses shall be illuminated, 5-inches in height minimum, and be able to be seen from the street 29. Automatic Fire Extinguishing Systems. An automatic B DMC sprinkler system shall be installed in Group M and S where 904.2.8 the floor area exceeds 3,000 square feet in type V construction. Whenever an addition is made to an existing building an automatic fire-extinguishing system shall be installed if the existing building plans plus the addition exceeds the area or height limitations. 30. Signage. Building/wall signage and/or freestanding It, PL Building/ signage shall be reviewed and approved under separate Planning p permits. 31. Non-Residential Security Requirements. The Applicant E,, PO DMC shall comply with the Non-Residential Building Security 7.32.230 Requirements. 32. One-Hour Construction. Walls less than 20-feet from a B Building property shall be of one-hour construction. 33. Tenant Improvements. Any tenant improvements shall be B Building reviewed and approved under separate permits. With the proposed areas, the restrooms may or may not be within the allowable numbers. If the units are divided they may need additional restrooms. An alternative means and methods form may be required or a letter stating the number of employees in each space. FIRE PR EVENTION BUREAU 34. Title Sheet. The Building permit plans shall reference the F Building Fire current edition of the applicable codes. The cover sheet Permits shall state that the entire building (existing and new) shall be provided with an automaticsprinkler system. 35. Tank Removal. Permits shall be obtained from the Fire F Removal of Fire Department and County Environmental Health prior to tank removal of the tank. 36. City of Dublin Fire Rules, Regulations, and Standards. F Through Fire The Applicant/Developer shall comply with all City of Completion Dublin Fire rules, regulations, and standards, including minimum standards for emergency access roads and payment of applicable fees including City of Dublin Fire facility fees. a) Emergency Vehicle Access. In accordance with Combustible the City of Dublin Fire Code requirements, the Construction or Applicant/Developer shall provide emergency Combustible vehicle access routes into the project so that all Storage On portions of the exterior walls of the building are Site. within 150-feet of an approved emergency vehicle access road. Applicant/Developer shall demonstrate how emergency access requirements shall be achieved on the improvement plans to the satisfaction of the City Engineer and the City of Dublin Fire Marshal. All emergency vehicle access roads (first lift of asphalt) and the public water supply including all hydrants shall be in place prior to vertical construction or combustible storage on site. Fire apparatus roadways shall have a minimum unobstructed width of 20-feet and an unobstructed vertical clearance of not less than 13-feet, 6-inches. Roadways under 36-feet wide shall be posted with signs or shall have red curbs painted with labels on one side; roadways under 28-feet wide shall be posted with signs or shall have red curbs painted with labels on both sides of the street as follows: "NO STOPPING FIRE LAND - CVC 22500.1 ". b) Fire Hydrants. The Applicant/Developer shall construct all new fire hydrants in accordance with the City of Dublin Fire Code requirements. Final locations of fire hydrants shall be approved by the City of Dublin Fire Marshal in accordance with current standards. The minimum fire flow design Combustible shall be 1500 gallon per minute at 20 psi residual Construction or (flowing from a single hydrant). The required fire Combustible flow design for the site shall be 2000 gallons per Storage On Site minute at 20 psi residual. Raised blue reflectorized traffic markers shall be expoied to the center of the street opposite each hydrant. 37. Addressing. Approved numbers or addresses shall be F Occupancy CFC placed on all new and existing buildings. The address shall 901.4.4 be positioned as to be plainly visible and legible from the street or road fronting the property. Said numbers shall contrast with their background. 38. Fire Extinguishers. Provide 2AIOBC fire extinguishers F Occupancy CFC within 75-feet travel distance of portions of the building. 1002 An approved sign in accordance with the Uniform Fire Code shall be conspicuously posted above the extinguisher. 39. Knox Box. Provide Knox key boxes at the main entrance F Occupancy Fire to the buildings and at the gate for access to the fire hydrant. The Knox box shall contain a key that provides 10 access to the building or gate. Gates or barriers shall meet the requirements of the City of Dublin Fire Code. 40. Automatic Sprinklers. Automatic sprinklers shall be F Occupancy Fire provided throughout the new and existing portions of the building as required by the Dublin Fire Code. If there are over 100 sprinklers, the system shall be monitored by a UL listed central station. 41. The project shall comply with Uniform Building and Fire F Through Fire Codes as adopted b the City of Dublin. Completion PUBLIC: I ORKS DEPARTMENT ; . 42. Summary Vacation 2' of Existing Public Utility PW Issuance of Easements (PUE). A quit claim deed shall be recorded by Building the Applicant/Developer for the portion of the existing Permits P.S.E. summarily vacated by the city Council via Resolution 053-03. 43. Standard Public Works Conditions of Approval. PW Acceptance of Applicant/Developer shall comply with all applicable City Improvements of Dublin Public Works Standard Conditions of Approval by the City attached as Exhibit C. In the event of a conflict between Council the Public Works Standard Conditions of Approval and these Conditions, these Conditions shall prevail. 44. Improvement and Grading Plans. All improvement and PW Issuance of grading plans submitted to the Public Works Department Grading/Site for review/approval shall be prepared in accordance with Work Permit the Conditions of Approval, and the City of Dublin Municipal Code including Chapter 7.16 (Grading Ordinance). When submitting plans for review/approval, the Applicant/Developer shall also fill-out and submit a City of Dublin Improvement Plan Review Checklist (three 8-1/2" x 11" pages). Said checklist includes necessary design criteria and other pertinent information to assure that plans are submitted in accordance with established City standards. The plans shall also reference the current City of Dublin Standard Plans (booklet), and shall include applicable City of Dublin Improvement Plan General Notes (three 8-1/2" x 11" pages). For on-site improvements, the Applicant/Developer shall adhere to the City's On-site Checklist (eight 8-1/2" x 1 1" pages). All of these reference documents are available from the Public Works Department (call telephone 925-833-6630 for more information). 45. Public Improvements. Applicant/Developer shall PW Acceptance of construct the public sidewalk., curb & gutter and driveways Improvements along the Houston Place property frontage accordance with by the City City of Dublin standard detail SD 306. Council 46. Grading/Sitework Permit. All site improvement work PW Issuance of and public right-of-way work must be performed per a Grading/Site Grading/Sitework Permit issued by the Public Works Work Permit Department. Said permit will be based on the final set of improvement plans to be approved once all of the plan check comments have been resolved. Please refer to the handout titled Gradin Site Improvement Permit II Application Instructions and attached application (three 8- 1/2" x 11" pages) for more information. The Applicant/Developer must fill in and return the applicant information contained on pages 2 and 3. The current cost of the permit is $10.00 due at the time of permit issuatice, although the Applicant/Developer will be responsible for an adopted increases to the fee amount 47. Erosion Control during Construction. Applicant/ PW 'Issuance of Developer shall include an Erosion and Sediment Control Grading/Site Plan with the Grading and Improvement plans for review Work Permit and approval by the City Engineer/Public Works Director. and During Said plan shall be designed, implemented, and continually Construction maintained pursuant to the City's NPDES permit between October 151 and April 151h or beyond these dates if dictated by rainy weather, or as otherwise directed by the City En ineer/Public Works Director. 48. Water Quality/Best Management Practices. Pursuant to PW Issuance of the Alameda Countywide National Pollution Discharges Grading/Site Elimination Permit (NPDES) No. CAS0029831 with the Work Permit California Regional Water Quality Control Board (RWQCB), the Applicant/Developer shall design and operate the site in a manner consistent with the Start at the Source publication, and according to Best Management Practices to minimize storm water pollution. All trash dumpsters and recycling area enclosures that are not located inside the building shall have roofs to prevent contaminants from washing into the storm drain system. The applicant shall file a Notice of Intent with the RWQCB and shall prepare and submit a Storm Water Pollution Prevention Plan for the City Engineer/Public Works Director's review/approval. The site design shall include some type of permanent filtration system for all storm drain inlets within the paved areas to prevent hydrocarbons and other petroleum-based contaminants from entering the public storm drain system. Finally, all storm drain inlets serving vehicle parking areas shall be stenciled "No Dumping - Flows to Bay" using stencils available from the Alameda Countywide Clean Water Program. 49. Storm Water Treatment Measures Maintenance PW Acceptance of Agreement. Applicant/Developer shall enter into an Improvements agreement with the City of Dublin that guarantees the by City property owner's perpetual maintenance obligation for all Council storm water treatment measures installed as part of the project. Said agreement is required pursuant to Provision C.3.e.ii of RWQCB Order R2-2003-0021 for the reissuance of the Alameda Countywide NPDES municipal storm water permit. Said permit requires the City to provide verification and assurance that all treatment devices will be ro erl operated and maintained. 50. Construction Noise Management Program/ PW Acceptance of Construction Impact Reduction Plan. Applicant/ Improvements Developer shall conform to the following Construction by City Noise Management Pro ram/Construction Impact Council 12 Reduction Plan. The following measures shall be taken to reduce construction impacts: a. Off-site truck traffic shall be routed as directly as practical to and from the freeway (1-580) to the job site. Primary route shall be from 1-580 to Dougherty Road. An Oversized Load Permit shall be obtained from the City prior to hauling of any oversized loads on City streets. b. The construction site shall be watered at regular intervals during all grading activities. The frequency of watering should increase if wind speeds exceed 15 miles per hour. Watering should include all excavated and graded areas and material to be transported off-site. Construction equipment shall use recycled or other non-potable water resources where feasible. c. Construction equipment shall not be left idling while not in use. d. Construction equipment shall be fitted with noise muffling devices. e. Mud and dust carried onto street surfaces by construction vehicles shall be cleaned-up on a daily basis. f. Excavation haul trucks shall use tarpaulins or other effective covers. g. Upon completion of construction, measures shall be taken to reduce wind erosion. Replanting and repaving should be completed as soon as possible. h. After grading is completed, fugitive dust on exposed soil surfaces shall be controlled using the following methods: 1. Inactive portions of the construction site shall be seeded and watered until grass growth is evident. 2. All portions of the site shall be sufficiently watered to prevent dust. 3. On-site vehicle speed shall be limited to 15 mph. 4. Use of petroleum-based palliatives shall meet the road oil requirements of the Air Quality District. Non-petroleum based tackifiers may be required by the City Engineer/Public Works Director. i. The Department of Public Works shall handle all dust complaints. The City Engineer/Public Works Director may require the services of an air quality consultant to advise the City on the severity of the dust problem and additional ways to mitigate impact on residents, including temporarily halting project construction. Dust concerns in adjoining communities as well as the City of Dublin shall be addressed. Control measures shall be related to wind conditions. Air quality monitoring of PM 13 levels shall be provided as required by the City Ingineer/Public Works Director. j. Construction interference with regional non-project traffic shall be minimized by: 1. Scheduling receipt of construction materials to non-peak travel periods. 2. Routing construction traffic through areas of least impact sensitivity. 3. Routing construction traffic to minimize construction interference with regional non- project traffic movement. 4. Limiting lane closures and detours to off-peak travel periods. 5. Providing ride-share incentives for contractor and subcontractor personnel. k. Emissions control of on-site equipment shall be minimized through a routine mandatory program of low-emissions tune-ups. 51. Geotechnical Report and Recommendations. The PW Issuance of Applicant/Developer shall provide a site specific Grading/Site geotechnical report prepared by a reputable geotechnical Work Permit or engineer. The Geotechnical Engineer shall certify that the Building project design conforms to the report recommendations Permit and prior to issuance of a Grad ing/Sitework Permit or Building During Permit. All report recommendations shall be followed Construction during the course of grading and construction. 52. Vehicle Parking. Applicant/Developer shall construct on- PW Issuance of 8.76.070.A. site paved parking areas and spaces for customer, and Occupancy 17 employee parking according to the zoning requirements of Permit(s) the use. Occupancy of each phase of development will be dependent upon Applicant/Developer completing the necessary parking areas to serve that phase. All parking spaces shall be double striped using 4" white lines according to Figure 76-3 of the Zoning Ordinance and §8.76.070.A.17. All compact-sized parking spaces shall have the word "COMPACT" stenciled on the pavement within each space. 12"-wide concrete step-out curbs shall be constructed at each parking space where one or both sides abuts a landscaped area or planter. 53. Parking Prohibitions/Restrictions. Vehicle parking shall PW On-going be prohibited/restricted in the following locations. This parking prohibition shall be indicated with red-painted curbs, and with R26F "No Stopping - Fire Lane" signs installed at a spacing not to exceed 200'. a. Prohibited along the south, east and west side of the building where parking any may block Fire Department access. This parking prohibition shall be indicated with R26F "No Stopping, Fire Lane" signs installed at a locations to be determined during plan. b. Prohibited or restricted at other locations deemed reasonably necessary by the City Engineer/Public Works Director during final design and/or 14 construction 54. _ Landscaping. Landscaping shall not obstruct the sight PW On-going distance for drivers. 55. Address Numbering System. Before Building Permits are PW Issuance of issued, the Applicant/Developer shall propose address Building numbers for each building/retail unit based on the address Permits grid utilized within Alameda County and available from the Dublin Building Official. The addressing scheme is subject to review and approval by the City and other interested outside agencies. Signs shall be prominently displayed on Houston Place that identifies all addresses within the development. Addresses are required on the front of each building, or as otherwise required by the Building Official and Fire Marshal. 56. Site Accessibility Requirements. All disabled access PW Issuance of ramps, parking spaces for the disabled, and other physical Occupancy site improvements shall comply with current UBC Title 24/ Permit ADA requirements and City of Dublin Standards for accessibility. 57. Relocation of Existing Improvements/Utilities. Any PW Building necessary relocation of existing improvements or utilities Occupancy shall be accomplished at no expense to the City. 58. Underground Utility Plans. Applicant/Developer shall PW Building construct all underground utility trenches (including Occupancy electric, telecommunications, cable TV, and gas) in accordance with standards enforced by the appropriate utility agency. All vaults, electric transformers, cable TV boxes, blow-off valves and other utility features shall be placed underground and located behind the proposed sidewalk within the public service easement, unless otherwise approved by the City Engineer/Public Works Director. Utility plans showing the location of all proposed utilities shall be reviewed and approved by the City En ineer/Public Works Director prior to installation. 59. Temporary Construction Fencing. Temporary 'W Building Construction fencing shall be installed along the perimeter Occupancy of all work under construction to separate the construction operation from the public. All construction activities shall be confined to within the fenced area. Construction materials and/or equipment shall not be operated or stored outside of the fenced area or within the public right-of-way unless approved in advance by the City Engineer/Public Works Director. 60. Construction Hours. Standard construction and grading 11W Building hours shall be limited to weekdays (Monday through Occupancy Friday) and non-City holidays between the hours of 7:30 a.m. and 6:00 p.m. The Applicant/Developer may request reasonable modifications to such determined days and hours, taking into account the seasons, impacts on neighboring properties, and other appropriate factors, by submitting a request form to the City En ineer/Public 15 Works Director. For work on Saturdays, said request shall be submitted no later than 5:00 p.m. the prior Wednesday. Overtime inspection rates will apply for all after-hours, Saturday, and/or holiday work. 61. Damage/Repairs. The Applicant/Developer shall be PW Building responsible for the repair of any damaged pavement, curb Occupancy & gutter, sidewalk, or other public street facility resulting from construction activities associated with the development of the project, to the satisfaction of the City En ineer/Public Works Director. 62. Occupancy Permit Requirements. Prior to issuance of an PW Issuance of Occupancy Permit, the physical condition of the project Occupancy site shall meet minimum health and safety standards Permits including, but not limited to the following: a. The streets and walkways providing access to the building shall be complete, as determined by the City Engineer/Public Works Director, to allow for safe, unobstructed pedestrian and vehicle access to and from the site. b. All traffic control devices on streets providing access to the site shall be in place and fully functional. c. All street name signs and address numbers for streets providing access to the buildings shall be in place and visible. d. Lighting for the streets and site shall be adequate for safety and security. All streetlights on streets providing access to the buildings shall be energized and functioning. Exterior lighting shall be provided for building entrances/exits and pedestrian walkways. Security lighting shall be provided as required by Dublin Police_ e. All construction equipment, materials, or on-going work shall be separated from the public by use of fencing, barricades, caution ribbon, or other means approved by the City Engineer/Public Works Director. f. All fire hydrants shall be operable and easily accessible to City and CITY OF DUBLIN FIRE personnel. g. All site features designed to serve the disabled (i.e. H/C parking stalls, accessible walkways, signage) shall be installed and full functional. 63. Release of Security. When all improvements governed by PW Building the Grading Permit are complete to the satisfaction of the Occupancy City Engineer/Public Works Director, the City Engineer will release the Security. Prior to the bond release the Applicant/Developer shall furnish the following to the City: a. As-Built or Record Drawings printed on mylar of all Improvement Plans and maps associated with the project. b. A Declaration or Report by the project Geotechnical Engineer confirming that all geotechnical and grading work associated with the project has been performed 16 in accordance with the Engineer's recommendations. c. Payment of any outstanding City fees or other debts. d. Any other information deemed necessary by the City En ineer/Public Works Director 64. Geographic Information System. Once the City PW Building Engineer/Public Works Director approves the development Occupancy project, a digital vectorized file on floppy or CD of the Improvement Plans shall be submitted to the City and DSRSD. Digital raster copies are not acceptable. The digital vectorized files shall be in AutoCAD 14 or higher drawing format or ESRI Shapefile format. Drawing units shall be decimal with the precision of 0.00. All objects and entities in layers shall be colored by layer and named in English, although abbreviations are acceptable. All submitted drawings shall use the Global Coordinate System of USA, California, NAD 83 California State Plane, Zone Ill, and U.S. foot. Said submittal shall be acceptable to the City's GIS Coordinator 65. Drainage study. Applicant/Developer shall prepare and PW Issuance of submit to the Director of Public Works for review a Grading/Site detailed drainage study of all proposed storm drain Work Permit or improvements of the project. Final pipe sizes, slopes, Building depths, etc. shall be based upon final storm water design Permit calculations by a licensed professional engineer in California. 66. Drainage Impacts. Applicant/Developer shall demonstrate PW Issuance of to the satisfaction of the Director of Public Works that all Grading/Site that need to be improved as a result of drainage impacts of Work Permit or this project will be constructed prior to occupancy of the Building building. All drainage improvements shall be constructed Permit to the satisfaction to of the Director of Public Works. 67. Drainage Fees. This project is subject to the payment of PW Issuance of drainage fees through the City of Dublin to Alameda Building County Flood Control District, Zone 7. Permits 68. Encroachment Permit - An encroachment permit shall be PW Issuance of secured from the Director of Public Works for any work Grading/Site done within the public right-of-way where this work is not Work Permit or covered under the public improvement plans. Building Permit STANDA RD- DUBLIN SAN`RAMO2N SERVICES DISTRICT DS RSD .:- 69. Prior to issuance of any building permit, complete DSR Issuance of DSRSD improvement plans shall be submitted to DSRSD that Building Standard conform to the requirements of the Dublin San Ramon Permit Services District Code, the DSRSD "Standard Procedures, Specifications and Drawings for Design and Installation of Water and Wastewater Facilities", all applicable DSRSD Master Plans and all DSRSD policies. 70. Domestic and fire protection waterline systems for Tracts I)SR Issuance of DSRSD or Commercial Developments shall be designed to be Grading/Site Standard looped or interconnected to avoid dead end sections in Work Permit or accordance with requirements of the DSRSD Standard Building Specifications and sound engineering practice. Permit 17 71. DSRSD policy requires public water and sewer lines to be DSR Issuance of DSRSD located in public streets rather than in off-street locations to Grading/Site Standard the fullest extent possible. If unavoidable, then public Work Permit or sewer or water easements must be established over the Building alignment of each public sewer or water line in an off-street Permit or private street location to provide access for future maintenance and/or replace ient. 72. Prior to approval by the City of a grading permit or a site DSR Issuance of DSRSD development permit, the locations and widths of all Grading/Site Standard proposed easement dedications for water and sewer lines Work Permit or shall be submitted to and approved by DSRSD. Building Permit 73. All easement dedications for DSRSD facilities shall be by DSR Issuance of DSRSD separate instrument irrevocably offered to DSRSD or by Grading/Site Standard offer of dedication on the Final Map. Work Permit or Building Permit 74. Prior to approval by the City for Recordation, the Final DSR City Approval DSRSD Map shall be submitted to and approved by DSRSD for for Recordation Standard easement locations, widths, and restrictions. 75. Prior to issuance by the City of any Building Permit, all DSR Issuance of DSRSD utility connection fees, plan checking fees, inspection fees, Building Standard permit fees and fees associated with a wastewater discharge Permit permit shall be paid to DSRSD in accordance with the rates and schedules established in the DSRSD Code. 76. Prior to issuance by the City of any Building Permit, all DSR Issuance of DSRSD improvement plans for DSRSD facilities shall be signed by Building Standard the District Engineer. Each drawing of improvement plans Permit shall contain a signature block for the District Engineer indicating approval of the sanitary sewer or water facilities shown. Prior to approval by the District Engineer, the applicant shall pay all required DSRSD fees, and provide an engineer's estimate of construction costs for the sewer and water systems, a performance bond, a one-year maintenance bond, and a comprehensive general liability insurance policy in the amounts and forms that are acceptable to DSRSD. The applicant shall allow at least 15 working days for final improvement drawing review by DSRSD before signature b the District Engineer. 77. No sewer line or waterline construction shall be permitted I)SR Issuance of DSRSD unless the proper utility construction permit has been Building Standard issued by DSRSD. A construction permit will only be Permit issued after all of the items in condition 72 have been satisfied. 78. The applicant shall hold DSRSD, its Board of Directors, DSR On-going DSRSD commissions, employees, and agents of DSRSD harmless Standard and indemnify and defend the same from any litigation, claims, or fines resulting from the construction and completion of the project. PROJEC T SPECIFIC -DUBLIN SAN RAMON SERVICES DISTR ICT SR SD 79. Existing water facilities on the site must be properly DSR Issuance of DSRSD capped and abandoned in conformance with District Grading/Site 18 requirements. Applicant shall submit plans for Work Permit or abandonment along with water improvement plans. Building Permit 80. If any trash enclosure or car wash areas are to be connected DSR Issuance of DSRSD to the sanitary sewer, they must have a grease and sand trap Grading/Site and the areas must be covered to prevent the entry of Work Permit or rainwater. Building Permit 81. Off site easements for connection to District water and DSR Issuance of DSRSD sewer facilities may be required. The 4pplicant shall be Grading/Site responsible for acquiring all necessary off site easements Work Permit or and constructing necessary off site water and sewer mains Building in conformance with all District requirements. Permit 82. Existing and proposed site plans shall show existing water DSR Issuance of DSRSD and sewer mains within Houston Place and shall also show Grading/Site the location of the existing water service to be abandoned Work Permit or and the new proposed water service location. Building Permit 83. The water meter shall be located on the public right-of-way DSR Issuance of DSRSD (i.e. sidewalk). Grading/Site Work Permit or Building Permit 84. The new fire hydrant shall be a dedicated water service DSR Issuance of DSRSD connected to the water main within Houston Place. Grading/Site Work Permit or Building Permit DUBLIN POLICE SERVICES' 85. The Applicant shall comply with all applicable City of PO Occupancy and Police Dublin Non Residential Security Ordinance requirements, On-going including address numbers on back doors and illuminated address numbers on front of buildings. 86. Addressing and building numbers shall be visible from the PO Occupancy and Police approaches to the building. On-going 87. Employee exit doors shall be equipped with 180-degree PO Occupancy and Police viewer if there is not a burglary resistant window panel in On-going the door from which to scan the exterior. 88. Exterior lighting is required over all doors. The Applicant PO Occupancy Police shall submit a final lighting plan for approval by the Dublin Police. 89. Security lighting shall be provided in parking lot areas. PO Occupancy and Police • 1.0 candle lights at ground level in parking lot On-going areas • lighting fixtures shall be of a vandal resistant type 90. Exterior landscaping shall be kept at a minimal height and PO Occupancy and Police fullness giving patrol officers and the general public On-going surveillance capabilities of the area. 91. The Applicant/Developer and/or building tenant(s) shall PO On-going Police keep the site clear of graffiti vandalism on a regular and continuous basis. Graffiti resistant paint for the structures and film for windows or lass shall be used whenever 19 possible. 92. The Applicant shall work with the Dublin Police on an on- PO On-going Police going basis to establish an effective theft prevention and security program. 93. - The Applicant shall submit a point to point parking lot PO Issuance of Police Photometric Plan. Building Permits PASSED, APPROVED AND ADOPTED this 28`n day of September, 2004. AYES: Cm. Fasulkey, Nassar, and Machtmes NOES: Cm. Jennings, and King ABSENT: ABSTAIN: ATTEST: Planning Manager 20 RESOLUTION NO. 07 - 03 A RESOLUTION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF THE CITY OF DUBLIN APPROVING VESTING TENTATIVE PARCEL MAP 9485 FOR CONDOMINIUM PURPOSES FOR AN EXISTING BUILDING LOCATED AT 6310 HOUSTON PLACE ASSESSOR PARCEL NUMBER 941-0550-067 PA 03-057 WHEREAS, Cary Grayson has requested approval of Vesting Tentative Parcel Map 9485 to subdivide an existing 11,322 square foot building into two condominiums for the purpose of sale at 6310 Houston Place; and WHEREAS, the State of California Subdivision Map Act and the adopted City of Dublin Subdivision Regulations require that no real property may be divided :.nto two or more parcels for purpose of sale, lease or financing, unless a tentative map is acted upon, and a final map is approved consistent with the Subdivision Map Act and City of Dublin Subdivision Regulations; and WHEREAS, a complete application for the proposed subdivi lion is available and on file in the Community Development Department; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the proposed subdivision for condominium purposes has been found to be categorically exempt under Section 15315; and WHEREAS, Vesting Tentative Parcel Map 9485 has been submitted to the City as required by Chapter 9.08 of the Dublin Municipal Code; and WHEREAS, the Community Development Director did hold a public hearing on said application on May 30, 2007; and WHEREAS, proper notice of said public hearing was given in a:!.1 respects as required by law; and WHEREAS, a Staff Report was submitted recommending the Community Development Director approve Vesting Tentative Parcel Map 9485 subject to conditions prepared by Staff; and WHEREAS, the Community Development Director did hear and use independent judgment and considered all said reports, recommendations and testimony hereinabo,re set forth. NOW, THEREFORE, BE IT RESOLVED that the City oi' Dublin Community Development Director does hereby find that: A. Vesting Tentative Parcel Map 9485 is consistent with the intent of State of California Subdivision Map Act and the adopted City of Dublin Subdivision Regulations and related ordinances. B. The design and improvements of Vesting Tentative Parcel Map 9485 are consistent with the Dublin General Plan objectives, polices, general land uses, and programs as they relate to the Attachment 3 subject property in that it is a subdivision of an existing industrial building for condominium purposes in an area designated for this type of development. C. Vesting Tentative Parcel Map 9485 is consistent with the 1411 Z.U. Planned Development Zoning District in which it is located and is therefore als consistent with the City of Dublin Zoning Ordinance. D. The project site is located in close proximity to improved roads including Houston Place, Dougherty Road and Scarlett Drive on approximately .7 acres of developed land with relatively flat topography and is therefore physically suitable for the type and intensity of future uses. E. The design of the parcel map will not cause environmental damage or substantially injure fish or wildlife of their habitat or cause public health concerns because the project site is located in a fully urbanized area. F. The design of the subdivision will not conflict with easements, acquired by the public at large, or access through or use of property within the proposed subdivision. The City Engineer has reviewed the map and title report and has not found any conflicting easements of this nature. NOW, THEREFORE BE IT FURTHER RESOLVED that the city of Dublin Community Development Director hereby conditionally approves Vesting Tentative Parcel Map 9485 for PA 03-057 which would subdivide the property into a condominium creating two (2) units as well as a common area for the property located at 6310 Houston Place and further identified as APN 985-0550-067. This approval shall conform generally to: Vesting Tentative Parcel Map 9485 prepared by Alexander & Associates Inc., dated received on March 27, 2007, by Dublin Planning, and consisting of three (3) sheets stamped approved except as specifically modified by the Conditions of Approval contained below. CONDITIONS OF APPROVAL Unless otherwise stated, all Conditions of Approval shall be complied with prior to filing the parcel map and shall be subiect to Planning Division review and approval. The following codes represent those departments/agencies responsible for monitoring com?)liance with the Conditions of Approval: [PLI Planning, IPOI Dublin Police, IPWI Public Works Department, [ADM] Administration, [FIN] Finance, IPCSI Parks and Community Services, IFl Dublin Fire Prevention, [DSRI Dublin San Ramon Services District, [COI Alameda Countv Flood Control and Water Conservation District Zone 7. When NO. CONDITIONS OF APPROVAL Agency Required, Source Prior to: GENERAL 1.. Ordinances/General Plan Policies. The Applicant PI, Approval of Planning shall comply with the Subdivision Map Act, City of final Parcel Dublin Subdivision Ordinance, City of Dublin Map and On- General Plan, City of Dublin Zoning Ordinance, and going all a licable Public Works policies. 2. Previous Approval. This Resolution shall in no PL, On-going Planning way invalidate or nullify the previously approved Conditional Use Permit and Site Development Review for PA 03-057 (Grayson Industrial Building) approved by Planning Commission Resolution 04-59 on September 28, 2004. 3. Hold Harmless/Indemnification. Applicant/ PL, Approval of Planning and Developer shall defend, indemnify, and hold ADM final Parcel Administration harmless the City of Dublin and its agents, officers, Ma and On- 2 of 6 and employees and others providing information to going the City and its Staff from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees and others providing information to the City and its Staff, to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Director of Community Development, Planning Manager, Zoning Administrator, or any other department, committee, or agency of the City to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that the Applicant/Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying the Applicant/Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. 3a. Fees. The Applicant shall pay all applicable fees in effect at the time of Final Map approval including but not limited to Planning fees, Building fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees, Public Works Traffic Impact fees, Dublin Fire Services fees; Noise Mitigation fees, Inclusionary Housing In-Lieu fees; Alameda County Flood and Water Conservation District Zone 7) Drainage and Water Connection fees. FIRE 4. Maintenance of Central Systems and Rooms. The F Fire Commercial Condominium Owners Association shall be responsible for the maintenance of the central systems and rooms, including but not limited to, the Fire Sprinkler System, Fire Alarm System, Fire Lanes, Common Electric Rooms and trash enclosure. PUBLIC WORKS 5. Clarifications and Changes to the Conditions. In PVJ Approval of Public Works the event that there needs to be clarification to these final Parcel Conditions of Approval, the Directors of Community Map Development and Public Works have the authority to clarify the intent of these Conditions of Approval to the Applicant/Developer by a written document signed by the Directors of Community Development and Public Works and placed in the project file. The Directors also have the authority to make minor modifications to these conditions without going to a public hearing in order for the Developer to fulfill 3 of 6 needed improvements or mitigations resulting from impacts of this project. 6. Substantial Conformance. The final Parcel Map PW Approval of Public Works shall be substantially in conformance with Tentative final Parcel Parcel Map 9485 unless otherwise modified by the Map conditions contained herein. 7. Conditions of Approval. A copy of the Conditions PVV With Public Works of Approval which has been annotated how each submittal of condition is satisfied shall be included with the final Parcel submittals to the Public Works Department for the Map review of the Parcel. The notations shall clearly indicate how all Conditions of Approval will be complied with, and where they are located on the plans. Submittals will not be accepted without the annotated conditions. 8. Tentative Parcel Map Expiration. The Tentative PW Issuance of Public Works Parcel Map shall have that life determined by the Occupancy Subdivision Map Act, including but not limited to Permit Section 66452.6. 9. Tentative Parcel Map 9485. The PW Issuance of Public Works Applicant/Developer shall prepare the Final Parcel Occupancy Map into the configuration, size and number of Permit parcels shown on the Tentative Parcel Map 9485 in accordance with the requirements of the Subdivision Map Act and City of Dublin standards. The map shall be reviewed and approved by the City En ineer/Public Works Director prior to recordation. 10. Title Report. A current preliminary title report (not PVT Approval of Public Works more than 6 months old as of date of submittal) final Parcel together with copies of all recorded deeds, easements Map and other encumbrances and copies of Final Maps for adjoining properties and off-site easements shall be submitted for reference as deemed necessary by the City En ineer/Director of Public Works. 11. Submittal Requirements. A complete submittal of PV/ During plan Public Works parcel or final map to Public Works Department check includes copies of the following: a. 1 Improvement Plans (including grading, erosion/sediment control, signing, striping, lighting, and landscape/irrigation) prepared under the direction of a Registered Civil Engineer b. 2 Tentative parcel maps c. 6 Parcel or Final Maps and closure calculations, together with all reference maps, data and all pertinent recorded documents d. 2 Title Reports with all exceptions e. 2 Annotated copies of final Conditions of Approval 4 of 6 12. Storm Water Treatment Measures Maintenance Agreement. Applicant/Developer shall enter into an agreement with the City of Dublin as per City of Dublin Resolution No. 196-04 that guarantees the property owner's perpetual maintenance obligation for all storm water treatment measures installed as part of the project. Said agreement is required pursuant to Provision C.3.e.ii of RWQCB Order R2- 2003-0021 for the re-issuance of the Alameda Countywide NPDES municipal storm water permit. Said permit requires the City to provide verification and assurance that all treatment devices will be ro erl operated and maintained. PNV Approval of final Parcel Map Public Works 13. Covenants, Conditions and Restrictions PW, F, Approval of Public Works, (CC&R's). An Association shall be formed by PI, final Parcel Fire, Planning recordation of a declaration of Covenants, Map Conditions and Restrictions to govern use and maintenance of common areas and facilities. Said declaration shall set forth the name of the association, ownership of the private parking lots, the restrictions on the use of enjoyment of any portion of the private parking lots for maintenance and/or access, and the bylaws, rules and regulations of the Association. Prior to recordation, said CC&R document shall be reviewed by the City for compliance with this condition. The CC&R's shall address the following: a) The CC&R's shall ensure that there is adequate provision for the maintenance, in good repair and on a regular basis, of all commonly owned facilities. In the event, that any area falls into a state of disrepair or fails to meet the Performance Standards established by the CC&R's, the City will have the right, but not the obligation, to take corrective measures and bill the Association for the cost of such repair and corrective maintenance work plus City overhead. The CC&R's shall also ensure that 14 parking stalls be provided to Unit 1 and 14 parking stalls to Unit 2. The Declaration shall specify that, as it pertains to the maintenance of the above listed items and the provision of parking stalls, the CC&R's cannot be amended without the consent of the City. b) Private parking lots shall be posted in accordance with California Vehicle code Section 22658, Sections 1 and 2. The above requirements shall be included in the ro'cct CC&R's. 5 of6 DUBLIN SAN RAMON SERVICES DISTRICT SRSD 14. Prior to issuance of any building permit, complete DSR DSRSD improvement plans shall be submitted to DSRSD that conform to the requirements of the Dublin San Ramon Services District Code, the DSRSD "Standard Procedures, Specifications and Drawings for Design and Installation of Water and Wastewater Facilities", all applicable DSRSD Master Plans and all DSRSD policies. 15. DSRSD policy requires public water and sewer lines DSR DSRSD to be located in public streets rather than in off-street locations to the fullest extent possible. If unavoidable, then public sewer or water easements must be established over the alignment of each public sewer or water line in an off-street or private street location to provide access for future maintenance and/or replacement. 16. Prior to approval by the City of a grading permit or a DSR DSRSD site development permit, the locations and widths of all proposed easement dedications for water and sewer lines shall be submitted to and approved by DSRSD. 17. All easement dedications for DSRSD facilities shall DS'Z DSRSD be by separate instrument irrevocably offered to DSRSD orb offer of dedication on the Final Map. 18. Prior to approval by the City for Recordation, the D&Z, DSRSD Final Map shall be submitted to and approved by DSRSD for easement locations, widths, and restrictions. 19. The applicant shall hold DSRSD, it's Board of DS'Z DSRSD Directors, commissions, employees, and agents of DSRSD harmless and indemnify and defend the same from any litigation, claims, or fines resulting from the construction and completion of the project. PASSED, APPROVED AND ADOPTED this 30th day of May 2007. (-11L Jeri Ram, CP Community 'Development Director ATTEST: uYlo?nnu.x.? Mamie R. Nuccio Associate Planner G:\PA#\2003\03-057 Grayson Industrial Bldg\Parcel Map 9485\CDD Reso_TPM 9458_rev_final.doc 6 of 6 RECEIVED 10313 Canon Valley Avenue ROGER SHANKS lAs Vega,, NV 8914'5 CONSULTING AUG192008 DUBLIN PLANNING 510.386.73SI N mhanksping(a),ao1xom B & B Motorsports The following information is provided to accompany the application for a Conditional Use Permit # PA 08-016 for B&B Motorsports for property located at 6310-A Houston Place, Dublin, CA. a. What type of business, activity or use are you proposing? B & B Motorsports proposes to do wholesale and retail sales and purchase of previously owned vehicles. The number of vehicles that will be located on the property at any one time will be approximately eight to ten. The space to be used for the business is approximately 3,500 square feet with 500 square feet devoted to office and reception area, and 3,000 square feet devoted to indoor vehicle display. No commercial vehicles will be used or parked on-site for this business. b. How many employees will you have or propose to have? There will be a maximum of two employees. c. What are the proposed hours and days of operation? It is proposed that the use will be open Monday through Saturday between the hours of 9 a.m. and 6 p.m. d. Will your business, activity or use target a specific segment orF the community? No, other than those individuals who are interested in purchasing or selling a vehicle. e. Will your business, activity or use benefit the community? The use will provide an alternative location for customers io purchase or sell previously owned vehicles. The sale of vehicles will provide additional sales tax revenues to the City. f. Are there any ways in which your business, activity or use may disrupt the peace of the surrounding residents or businesses? No. The portion of the building facing the residential development on the north side of Houston Place will be used for office and reception uses. The entrance to the showroom will be off the parking lot on the west side of the building. No outside amplification is proposed. g. Will your business, activity or use have any negative effects on the health or safety of people residing or working in the vicinity? No. There will be no automotive repair work or servicing done on site. No hazardous materials will be stored on site, other than normal cleaning supplies. In addition there will be no washing of vehicles on-site. h. Will your business, activity or use create any negative impacts on property, transportation systems, or existing improvements in the neighborhood? No. The display and sale of vehicles will not have a negative impact on the surrounding properties or transportation system. The site contains 27 parking spaces, plus two accessible spaces for a total of 29 spaces on site. These spaces are shared with the adjacent tenant spaces. Currently Baccus Jaguar Service (automotive services) occupies all of Suite B. i. Is the proposed project located on a hazardous waste: and substances site (pursuant to Government Code Section 65962.5)? No. Attachment 4 RECEIVED B&B Motorsports _ CUP # PA Oh-016 AUG 1 9 2cm Page 2 Additional Information DUBLIN PLANNING 1. Please explain and describe where the vehicles sold at the site will be coming from (directly from the buyer, storage facility, etc.) Vehicles for sale will be acquired from auto auctions and dealers. 2. How and when will these vehicles for sale be delivered to the site? Please specify the days of delivery as well as the time of day of the delivery. The vehicles for sale will be delivered to the site by individual drivers and not by large transport trucks. Due to the limited number of vehicles to be located cn-site, no specified delivery times are anticipated. The delivery of each vehicle will occur during regular business hours. 3. How and when will these cars be delivered to the buyers once: purchased? Buyers will take delivery of vehicles from the facility. 4. Please explain how the cars sold to customers (i.e. via the internet, direct marketing, etc.) Sales will be conducted through the internet. 5. Will a DMV license be required? Yes. A copy has been provided to the City staff. 6. Parking The prohibition of any outdoor display is a major concern. The Department of Motor Vehicles requires a minimum of two outdoor spaces for an auto dealer. Therefore, the number of proposed outdoor vehicles for display has been reduced from five to two resulting in the following parking requirements: Automobile Sales and Service _ Indoor/Outdoor Display _ 3,000 square feet indoor display area and 360 square feet of exterior display area (2 parking stalls) @ 1 space/1,000 sq. ft. = 3.36 spaces, or 3 spaces Office Space _ 500 square feet @ 1 space/250 sq. ft. = 2 spaces Total required parking == 5 spaces The number of parking spaces required for use, including exterior display area = 7 spaces Spaces provided: Outdoor display _ 2 spaces maximum Customer parking _ 5 spaces Assuming half of the 29 parking spaces on-site are assigned to B&B Motorsports and the adjacent vacant tenant space, a total of 14.5 spaces would be available for these two tenant spaces. Based on the above parking needs for B&B Motorsports (7 spaces), the site would have an additional 7.5 spaces available. JC 0 f r If h d r. fi n 0 0 Z in Z. td- 42"$C.' C. 2t 1.% CIO * r _1, n1 ..° Te I 51TE PLAN PROJECT DATA: PROPERTY OWNER: Eckhard Evers 6i ec u ., n. v.i Monterey L" Tiburon, CA 94920 PROJECT LOCATION: 6310 Houston Place Suite A Dublin, CA 94568 PROJECT DESCRIPTION: RetailMholesale sales of Vehicles within a portion of ® Suite A OCCUPANCY: B CONSTRUCTION TYPE: VN FIRE SPRINKLERS: Yes AREAS: Net Lot Area: 30,555 Sq. Ft. 1.70 Acres a Existina Buildina: 11.831 Sa. Ft. FAR (Total Building): .39 Proposed Office Area: 500 Sq. Ft. Proposed Display Area: 3,000 Sq. Ft. c ASSIGNED PARKING: ® (ti Parking (Project Total): 29 spaces I Handicapped Spaces: i 2 Assigned Tenant Parking: 13 spaces ? EXISTING USES: None PROPOSED USES: Vehicle Sales 1 RELEIVED AUG 19 2008 DUBLIN PLANNING