Loading...
HomeMy WebLinkAbout8.3 Attmt 1 Reso Appv CUP & SDRRESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A REQUEST FOR A CONDITIONAL USE PERM] T AND SITE DEVELOPMENT REVIEW PERMIT TO ALLOW EXTERIOR MODIFICATIONS. INCLUDING THE ADDITION OF A DRIVE-THROUGH CAR WASH, TO AN EXISTING SERVICE STATION IN THE RETAIL COMMERCIAL (C-1) ZONING DISTRICT AT 7850 AMADOR VALLEY BLVD. (APN 941-0305-003) PA 08-008 WHEREAS, Muthana Ibrahim ("the Applicant") has requested approval of a Conditional Use Permit and Site Development Review to allow the addition of a drive-through car wash and other exterior modification to an existing gas station in the Retail Commercial (C-1) Zoning District at 7850 Amador. Valley Blvd.; and WHEREAS, the approximately 25,000 square foot site is occupied by a 1,180 square foot convenience store, 375 square foot service bay and a 8-pump 76 gasoline station; and WHEREAS, the proposal includes the addition of 1,167 square foot drive-through car wash and a 32' by 31' vacuum trellis in addition to a facade remodel to the existing convenience store and canopy; and WHEREAS, the General Plan land use designation for the project site is Retail/Office and the zoning is Retail Commercial; and WHEREAS, a complete application for the above noted entitlement request is available and on file in the Community Development Department; and WHEREAS, the Applicant has submitted project plans dated received October 22, 2008; and WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines and City environmental regulations require that certain projects be reNiewed for environmental impact and that environmental documents be prepared; and WHEREAS, the proposed project, as conditioned, is consistent with the Dublin General Plan and the Zoning District in which it is located, and represents an appropriate project for the site; and WHEREAS, this project is categorically exempt from the environmental review requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities); and WHEREAS, a Staff Report was submitted outlining the issues surrounding the request; and WHEREAS the Planning Commission held a properly noticed public hearing on said application on November 12, 2008; and G:\PA#\2008\PA 08-008 76 Station Carwash\Resolution.doc Attachment 1 WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used their independent judgment to make a decision; and NOW, THEREFORE, BE 11' RESOLVED THAT the City of Dublin Planning Commission does hereby make the following findings and determinations for the Conditional Use Permit: A. The proposed use and related structures are compatible with other land uses, transportation and service facilities in the vicinity because: 1) the proposed use w 11 be compatible with the existing use and to the type and nature of operations typically found in the neighborhood; and 2) the proposed drive-through car wash is associated with an existing building and is compatible with the existing and allowed uses of the project site. B. The proposed use, as conditioned, will not adversely affect the ?lealth or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare and will not be injurious to property or improvements in the neighborhood because: 1) the proposed use will be adequately conditioned to ensure that the operation has no recognizable negative impacts to the existing uses in the neighborhood; and 2) the proposed modifications to the existing service station will be required to comply with all current building, fire and safety codes. C. The proposed use, under all circumstances and conditions of'this permit, will not be injurious to property or improvements in the neighborhood because: 1) the project is a remodel/expansion of an established service station that has been located in the neighborhood for several decades; and 2) the modernization of the existing service station, which includes the addition of a drive-through car wash, will be an improvement to the neighborhood. D. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use and related structures would no,` be detrimental to the public health, safety, and welfare because: 1) the site currently receives all public services and the proposed remodel/expansion of the existing service station is not anticipated to require a significant change to the level of services. E. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed because: 1) the existing and proposed use types are the same, with the exception of the addition of a drive-through car wash; 2) the proposed project does not change the use type of the site; and 3) the project conforms to the General Plan land use and density requirements for Retail/Office. F. The proposed use will not be contrary to the specific intent cj'auses, development regulations, and performance standards established for the Retail Commercial (C-1) zoning district because: 1) the Zoning Ordinance allows drive-through car washes and service Stations as a conditional use in the C- 1, Retail Commercial Zoning District; and 2) conditions of approval have been applied to the project to ensure on-going compatibility with surrounding land uses. G. The approval of this Conditional Use Permit is consistent with the Dublin General Plan because: 1) the proposed use is permitted with a Conditional Use Permit and meets the intentions of the Zoning District in which it is located; and 2) the proposed project will result in improvements to the site which will provide a service to the neighborhood that is consistent with the intent of the Retail Office General Plan Land Use designation. 2 BE IT FURTHER RESOLVED THAT the Planning Commission does hereby make the following findings and determinations for the Site Development Review: A. The Project, as conditioned, is consistent with the purpose and intent of Chapter 8.104, with the General Plan and any applicable Specific Plans and design guidelines because: 1) the proposed modification to the site is to allow the addition of a 1,167 square foot drive-through car wash and 32' by 31' vacuum trellis in conjunction with an existing service station; 2) the drive-through car wash and vacuum trellis are compatible with the existing building and use of the site; and 3) the project will comply with the City's development regulations and requirements. B. The Project, as conditioned, is consistent with the provisions 9f the Zoning Ordinance because: 1) the proposed project will comply with all City Regulations, including setback requirements and height restrictions; and 2) service stations and drive-through car washes are allowed in the C-1 zoning district with a Conditional Use Permit. C. The design of the project, as, conditioned, is appropriate to the City, the vicinity, surrounding properties and the lot in which the project is proposed because: 1) updating the existing facility will conform to current building and safety codes and will therefore not impact the health, safety and general welfare; 2) the proposed project will comply with all City Regulations; and 3) the proposed project will be compatible with similar projects in the vicinity. D. The subject site is physically suitable for the type and intensity (if the approved development because: 1) the subject property is zoned C-1 (Retail Commercial) and the proposed project includes the addition of a drive-through car wash and vacuum trellis adjacent to the existing convenience store on site that is consistent with the development regulations for :he C-1 Zoning District; and 2) the proposed exterior modifications to the site, including the addition of a drive-through car wash, will be compatible with the existing uses in the neighborhood. E. Impacts to existing slopes and topographic features are addressed because: 1) the property site is relatively flat and 2) the proposed service station expansion/ remodel will occur on a site that is already developed. F. Architectural considerations including the character, scale and quality of the design, site layout, the architectural relationship with the site and other buildings, screening of unsightly uses, lighting, building materials and colors and similar elements result in a project that is harmonious with its surroundings and compatible with other development in the vicinity because: 1) the proposed drive- through car wash will complement the existing building on sit thereby enhancing the overall site; and 2) the architectural design and materials of the remodeled :,ervice station and new drive-through car wash, including stucco finishes, columns, trim and trash enclosure will enhance the neighborhood. G. Landscape considerations, including the location, type, size, Color, texture and coverage of plant materials, and similar elements have been incorporated into the project to ensure visual relief, adequate screening and an attractive environment for the public because: 1) a preliminary landscaping plan was submitted as part of the application and includes a variety of species along both frontages and internal areas of the site; and 2) the proposed conditions of approval will require that the final landscaping and irrigation plans, which will address said landscaping considerations, be submitted for review and approval prior to issuance of the building permit. 3 H. The site has been adequately designed to ensure proper circulation for bicyclists, pedestrians and automobiles because: 1) an existing driveway entrance located on Regional Street has been removed to provide an area for queuing cars waiting to use the drive-tfxough car wash; and 2) an accessible path of travel is proposed to connect Regional Street to the existing convenience store. BE IT FURTHER RESOLVED THAT the City of Dublin Planning Commission does hereby approve PA 08-008 the 76 Gas Station Conditional Use Permit and Site Development Review Permit to allow a drive-through car wash, a vacuum trellis and a remodel to an a>:isting service station at 7850 Amador Valley Blvd., APN 941-0305-003. The project approval shall be subject to compliance with the following Conditions of Approval for a Conditional Use Permit and Site Development Review Permit: 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_[BJ Building, FPO] Police, [PW] Public Works [ADM] Administration/City Attorney, [FIN] Finance, L] Alameda County Fi:-e Department, [DSRSD] Dublin San Ramon Services District, [CO1 Alameda Countv Department of Environmental Health. CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: GENERAL I. Permit Approval. This Conditional Use Permit and PL On-going Planning Site Development Review approval is for the expansion and remodel of the 76 Service Station at 7850 Amador Valley Blvd., including a new service drive-through car wash, a new vacuum trellis, a fagade remodel to the existing convenience store and canopy in addition to associated site improvements (the "Project"). The Project shall generally conform to the project plans submitted MI Architects dated received October 22, 2008, on file in the Community Development Department, and other plans, text, and diagrams relating to this approval, unless modified by the Conditions of Approval contained herein. 2. Permit Expiration and Time Extension. PL One year from DMC Construction or use shall commence within one (1) date of approval 8.96.020.D year of Permit approval or the Permit shall lapse and and E become null and void. The original approving decision-maker may grant a time extension for a period no longer than six (6) months provided that the Applicant submits a written request for an extension prior to expiration of the Permit and a determination can be made that all Conditions of Approval remain adequate to assure that applicable findings of approval will continue to be met. 4 3. Revocation. The Conditional Use Permit and Site PL On-going DMC Development Review approval shall be revocable for 8.96.020.1 cause in accordance with Dublin Zoning Ordinance Section 8.96.020.1, Revocation. Any violation of the terms and conditions of this Permit may be subject to the issuance of a citation. 4. Annotated Conditions of Approval. An annotated PL Building Permit Planning copy of these Conditions of Approval (the official Submittal signed version) shall be provided in conjunction with all plan review submittals. Each condition shall include an annotation which explains and identifies by sheet number reference how each condition has been satisfied. Submittals will not be accepted without the annotated conditions. 5. Accessory/Temporary Structures. The use of any PL Ongoing DMC accessory or temporary structures, such as storage 8.108 sheds or trailer/container units used for storage or for any other purposes, shall be subject to review and approval b the Community Develo ment Director. 6. Clean-up. The Applicant/Developer shall be PL Ongoing Planning responsible for clean-up and disposal of project related trash to maintain a safe, clean, and litter-free site. 7. Controlling Activities. The Applicant/Developer PL Ongoing Planning shall control all activities on the project site so as not to create a nuisance to the existing or surrounding businesses and residences. 8. Property Maintenance. The Applicant/ Developer PL On-going DMC 5.64 and Property Owner shall maintain the property in a safe, clean, and litter-free condition at all times. 9. Trash and Waste Accumulation. The Applicant/ PL Ongoing Planning Tenant shall provide and conduct regular maintenance of the site in order to eliminate and control the accumulation of trash, excess waste materials and debris. 10. Graffiti. The Applicant/Developer and Tenant/ PL, PO On-going DMC 5.68 Property Owner shall keep the site clear of graffiti vandalism on a regular and continuous basis at all times. Graffiti shall be removed as soon as detected and where practical graffiti resistant materials should be used. 11. Nuisance. The Applicant/Tenant shall control all PL On-going DMC business activity so as not to create a public or private 5.28.020 nuisance to the existing and surrounding businesses and residents. 12. Noise. Loudspeakers shall be controlled at a low level PL, PC On-going DMC 5.28 as so not to create a public or private nuisance to the existing and surrounding businesses and residential neighborhoods. No amplified music shall be allowed outside the enclosed buildings. 13. Temporary Promotional Banners and Balloons. PL On-going DMC Temporary Promotional Banner Signs and Balloons 8.84.050 shall only be permitted after first securing an approved Temporary Promotional Sign Permit. All temporary on-site signage shall be subject to the sign regulations contained in the City of Dublin Zoning Ordinance. 14. A-Frame Signs. The use of arty A-Frame, portable, PL On-going DMC sandwich-board, pennants, or human-held signs on 8.84.150. the premises is strictly prohibited. Said signs and any form of off-site advertising signs shall also be prohibited upon any public property, including City streets and sidewalks. 15. Outdoor Events. Any outdoor activity shall be PL On-going DMC subject to review and approval of a Temporary Use 8.108.020 Permit per the City of Dublin Zoning Ordinance. PROJECT SPECIFIC - CONDITIONAL USE PERMIT 16. Modifications - Conditional Use Permit (CUP). PL Ongoing DMC Modifications or minor changes to the CUP approval 8.100.080 may be considered by the Community Development Director if the modifications or changes proposed comply with Section 8.100.080 of the Zoning Ordinance. 17. Annual Review. On an annual basis, the Conditional PL, PC) On-going Planning Use Permit approval may be subject to a review by the Community Development Director to determine compliance with the Conditions of Approval. 18. Approval Period. The Conditional Use Permit PL On-going Planning approval shall be null and void in the event the approved use fails to be established within one year following the granting of occupancy or, if once established, the use ceases to operate for a continuous one-year period. 19. Hours of Operation. The approved hours of PL On-going Planning operation for the drive-through car wash are 24 hours a day, 7 days a week. The gas station and convenience store will continue to be open 24 hours a day, 7 days a week. The Applicant/Tenant shall be responsible for ensuring that activities in the parking lot and any noise generated are controlled in a manner that minimizes the impacts to surrounding businesses and residents. 20. Parking. The parking area shall be used in the PL On-going Planning manner represented in project plans, written and verbal statements and other documents, and as stipulated in this Conditional Use Permit. PRO JECT SPECIFIC -SITE DEVELOPMENT REVIEW 21. Modifications - Site Development Review (SDR). PL Ongoing DMC Modifications or changes to this SDR approval may 8.104.100 be considered by the Community Development Director if the modifications or changes proposed comply with Section 8.104.100 of the Zoning Ordinance. 22. Equipment Screening. All electrical and/or PL Building Permit Planning mechanical equipment shall be screened from public Issuance view. Any roof-mounted equipment shall be Through completely screened from view by materials Completion/ architecturally compatible with the building and to the Ongoing satisfaction of the Community Development Director. The Building Permit plans shall show the location of all equipment and screening for review and approval b the Community Development Director. 23. Planter Boxes. The existing planter boxes on-site that PL Occupancy Planning are painted silver shall be primed and re-painted to an earth tone color in keeping with the color palate of the site. 24. Trash Enclosure/Garbage Area. The proposed PL, PV'/ Issuance of Planning trash enclosure shall be architecturally designed to be Building Permit and Public compatible with the building. The enclosure shall Works have a roof constructed of materials that are architecturally compatible with the building. The doors must be designed with self-closing gates that can be locked closed and can also be held open with pin locks during loading. All trash bins used for this site shall be maintained within the trash bin enclosure(s) at all times. An area drain shall be installed within the trash enclosure with a connection to the sanitary sewer system. In addition, a hose bib shall be provided for convenience wash-down of the trash enclosure. LANDSCAPING 25. Final Landscape and Irrigation Plans. Final PL Building Permit DMC Landscape and Irrigation Plans prepared and stamped Issuance 8.72.030 by a State licensed landscape architect or registered engineer shall be submitted for review and approval by the Community Development Director. These plans shall be coordinated with on-site civil, streetlights, and utility improvement plans. The final plans shall be signed by the Community Development Director and the City Engineer. Plans shall be generally consistent with the preliminary landscape plan prepared by Mi Architects, received October 22, 2008, except as modified by the Conditions listed below and as required by the Community Development Director. 26. Plant Species. Plant species shall be selected PL Building Permit Planning according to use, sun/shade location and space Issuance available. The landscape plan should include plant species that are not salt sensitive. Trees shall be high branching and produce minimal litter. 27. Standard Plant Material, Irrigation and PL Building Permit DMC Maintenance Agreement. The Applicant/ Developer Issuance 8.72.050.13 shall complete and submit to the Dublin Planning Department the Standard Plant: Material, Irrigation and Maintenance Agreement. 28. Landscaping at Street/Drive Aisle Intersections. PL, PO Building Permit Planning Landscaping shall not obstruct the sight distance of Issuance and Police motorists, pedestrians or bicyclists. Except for trees, and On-going landscaping (and/or landscape: structures such as walls) at drive aisle intersections shall not be taller than 30 inches above the curb. Landscaping shall be kept at a minimal height and fullness giving patrol officers and the general public surveillance capabilities of the area and reducing the ability for persons to conceal themselves. 29. Plant Standards. All trees shall be 24" box PL Occupancy Planning minimum; all shrubs shall be 5 gallon minimum. 30. Screening of Devices. The Landscape Plan shall PL, PW F Building Permit Planning show the location of all backflow prevention devices, Issuance detector check valves, utility boxes and fire sprinkler risers. The location and screening of these devices shall be reviewed and approved b City staff. 31. Root Barriers and Tree Staking. The landscape PL, PV/ Building Permit Planning plans shall provide details showing that root barriers Issuance and tree staking will be installed which meet current City specifications. 32. Water Efficient Landscaping Ordinance. The PL Building Permit DMC 8.88 Applicant/Developer shall submit written Issuance documentation to the Public Works Department (in the form of a Landscape Documentation Package and other required documents) that the development conforms to the City's Water Efficient Landscaping Ordinance. BUI LDING DIVISION 33. Fees. The Applicant shall pay all applicable fees in B Issuance of Standard effect at the time of building permit issuance, Building Permits including, but not limited to, Planning Fees, Building Fees, Dublin San 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. 34. Building Codes and Ordinances. All project B Through Building construction shall conform to all building codes and Completion ordinances in effect at the time of building permit. 35. Building Permits. To apply for building permits, B Issuance of Building Applicant/Developer shall submit eight (8) sets of Building Permits construction plans to the Building Division for plan check. Each set of plans shall have attached an annotated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participation non-City agencies prior to the issuance of building permits. 36. Construction Drawings. Construction plans shall be B Prior to issuance Building fully dimensioned (including building elevations) of building accurately drawn (depicting all existing and proposed permits conditions on site), and prepared and signed by a California licensed Architect or Engineer. All structural calculations shall be prepared and signed by a California licensed Architect or Engineer. The site plan, landscape plan and details shall be consistent with each other. 37. Addressing. Approved address numbers shall be B, F, PO Prior to Building placed on all doors leading to the exterior of the Occupancy building. Such addressing shall be painted on the door in a contrasting color. Addresses shall be illuminated and shall be placed in such a position to be plainly visible and legible from the street or road fronting the property. Address numbers shall be 5 inches in height minimum. 38. Engineer Observation. The Engineer of record shall B Prior to frame Building be retained to provide observation services for all inspection components of the lateral and vertical design of the building, including nailing, hold downs, straps, shear, roof diaphragm and structural frame of building. A written report shall be submitted to the City Inspector rior to scheduling the final frame inspection. 39. Temporary Fencing. Temporary Construction B, PW During Building fencing shall be installed along perimeter of all work Construction and under construction to separate the construction Prior to issuance operation from the public. All construction activities of Occupancy shall be confined to within the fenced area. Permit 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 b the City Engineer/Public Works Director. 40. Cool Roofs. Flat roof areas shall have their roofing B Through Building material coated with light colored gravel or painted Completion with light colored or reflective material designed for Cool Roofs. 41. Phased Occupancy Plan. If occupancy is requested B Prior to Building to occur in phases, then all physical improvements Occupancy within each phase shall be required to be completed prior to occupancy of any buildings within that phase except for items specifically excluded in an approved Phased Occupancy Plan, or minor handwork items, approved by the Department of Community Development. The Phased Occupancy Plan shall be submitted to the Directors of Community Development and Public Works for review and approval 45 days prior to the request for occupancy of any building covered by said Phased Occupancy Plan. Any phasing shall provide for adequate vehicular access to all parcels in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. No individual building shall be occupied until the adjoining area is finished, safe, accessible, and provided with all reasonable expected services and amenities, and separated from remaining additional construction activity. Subject to approval of the Director of Community Development, the completion of landscaping may be deferred due to inclement weather with the posting of a bond for the value of the deferred .landscaping and associated improvements. FIR E PREVENTION DIVISION . 42. Electrical Equipment. Provide and maintain F Prior to Fire electrical equipment and wiring in accord with occupancy California Electric Code. 43. Demolition. The project shall comply with the 2004 F Through Fire edition of NFPA 241 regarding demolition operations. Completion 44. Fire Extinguishers. Provide 2AIOBC fire F Prior to CFC extinguishers in the retail building/car wash. A occupancy minimum 2A, 2013C fire extinguisher is required within 75 feet of any pump, dispenser or fill-pipe opening. CFC 5202.10. An approved sign in accordance with the Uniform Fire Code shall be conspicuously posted above the extinguisher. CFC 1002 45. Knox Box. Provide a Knox box at the main entrance F Prior to CFC 902.4 to the retail building. The Knox box shall contain a occupancy key that provides access to the tenant space. Order forms for the Knox box are available at the fire prevention office at the address above. The key can be placed in the box during the Fire Department inspection. 46. Code Compliance. The project shall comply with F Through Fire Uniform Building and Fire Codes as adopted by the completion City of Dublin. 10 47. Hazardous Materials. Provide in inventory statement F Prior to CFC (HMIS) for any/all hazardous materials for approval of Occupancy process/storage/handling requirements. Project shall meet the . requirements of the Alameda County Department of Environmental Health as Certified Unified Program Agency (CUPA). Provide to CUPA the Material Safety Data Sheets, Hazardous Materials Business Plan and all required documentation for permitting processes. PUB LIC WORKS 48. Clarifications and Changes to the Conditions. In PW Prior to approval Public the event that there needs to be clarification to these of Improvement Works Conditions of Approval, the Directors of Community Plans 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 needed improvements or mitigations resulting from impacts of this project. 49. Standard Public Works Conditions of Approval. PW Approval Public Applicant/Developer shall comply with all applicable provement Plans Works City of Dublin Public Works Standard Conditions of Approval. In the event of a conflict between the Public Works Standard Conditions of Approval and these Conditions, these Conditions shall prevail. 50. Hold Harmless/Indemnification. The Developer PW Through Public shall defend, indemnify, and hold harmless the City of completion of Works Dublin and its agents, officers, and employees from Improvements any claim, action, or proceeding against the City of and occupancy of Dublin or its agents, officers, or employees to attack, the Buildings set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that The Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying The Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or rocee?din s. 51. Conditions of Approval. A copy of the Conditions of PW With each Public Approval which has been annotated how each submittal of Works condition is satisfied shall be included with the Improvement submittals to the Public Works Department for the Plans review of the improvements plans. The notations shall clearly indicate how all Conditions of Approval will be complied with, and where they are located on the plans. Submittals will not be accepted without the annotated conditions. 11 52. Improvements within Existing Easements. The Applicant/Developer shall obtain written permission from the beneficiaries of all existing easements encumbering the site before constructing improvements within the easement areas if the proposed improvements are inconsistent with purpose for which the easement was created. Said permission shall be forwarded to the City as evidence of the Applicant/Developer's right to construct said improvements. PW or to approval of Improvement Plans Public Works 53. Improvement Agreement and Security. Pursuant to PW Prior to issuance Public §7.16.620 of the Municipal Code, the Applicant shall of Grading/ Works obtain a Grading/Sitework Permit from the Public Sitework Permit Works Department that governs the installation of required site improvements. As a condition of issuance of said permit, Improvement Security shall be posted to guarantee the faithful performance of the permitted work. Such security shall be in the form of cash, a certified or cashier's check, a letter of credit, or a permit bond executed by the applicant and a corporate surety authorized to do business in California. The amount of the security will be based on the estimated cost of the site work (excluding the building). The applicant shall provide an estimate of these costs for City review with the first plan submittal. 54. Grading/Sitework Permit. All improvement work PW Issuance of Public must be performed per a Grading/ Sitework Permit Grading/ Works issued by the Public Works Department. Said permit Sitework Permit will be based on the final set of civil plans to be approved once all of the plan check comments have been resolved. Please refer to the handout titled Grading/Site Improvement Permit Application Instructions and attached application (three 8-1/2" x 11" pages) for more information. The Applicant/Developer must fill in and return the Applicant information contained on pages 2 and 3. The current cost of the permit is $10.00 due at the time of permit issuance, although the Applicant/Developer will be responsible for any adopted increases to the fee amount. 12 55. Improvement and Grading Plans. All improvement, PW Prior to issuance Public drainage, utility and grading plans submitted to the of Grading/ Works Public Works Department for review/approval shall Sitework Permit be prepared in accordance with the approved SDR, these 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 1 l" pages). For on-site improvements, the Applicant/ Developer shall adhere to the City's On-site Checklist (eight 8-1/2" x 11" pages). All of these reference documents are available from the Public Works Department (call telephone 925-833-6630 for more information). Grading Plan shall be in conformance with the recommendations of the Geotechnical Report, the approved SDR, and the City design standards & ordinances. In case of conflict between the soil engineer's recommendations and City ordinances, the City Engineer shall determine which shall apply. A detailed Erosion Control Plan shall be included with the Grading Plan. The plan shall include detailed design, location, and maintenance criteria of all erosion and sedimentation control measures. Detailed Engineer's Estimate of improvement costs shall be submitted with the plans. 56. Control during Construction. Applicant/ Developer PW Issuance of Public shall include an Erosion and Sediment Control Plan Grading/ Works with the Grading and Improvement plans for review Sitework Permit and approval by the City Engineer and/or Public and during Works Director. Said plan shall be designed, construction implemented, and continually maintained pursuant to the City's NPDES permit between October 151 and April 15`h or beyond these dates if dictated by rainy weather, or as otherwise directed by the City Engineer and/or Public Works Director. All grading, construction, and development activities within the City of Dublin must comply with the provisions of the Clean Water Act. Proper erosion control measures must be installed at development sites within the City during construction, and all activities shall adhere to Best Mama ement Practices. 13 57. Water Quality/Best Management Practices. PW Issuance of Public Pursuant to the Alameda Countywide National Grading/ Works Pollution Discharges Elimination Permit (NPDES) Sitework Permit No. CAS0029831 with the California Regional Water Quality Control Board (RWQCB), the Applicant shall design and operate the site in a manner consistent with the Start at the Source publication, and according to Best Management Practices to minimize storm water pollution. All trash dumpsters and compactors which are not sealed shall have roofs to prevent contaminants from washing into the storm drain system. Storm drain markers shall be installed on all storm drain inlets using an approved marker available from the Alameda Countywide Clean Water Program. 58. Storm Drain Improvements. Applicant/Developer PW Issuance of Public shall construct all required storm drain improvements Grading/ Works in accordance with a site-specific hydrology/hydraulic Sitework Permit analysis and/or as specified by the Public Works Director. An off-site CDS unit shall be built within the public right away. The unit and/or units shall not exceed $5,000. The number and location of the units shall be determined prior to issuance of building permits. The City will take the responsibility and the maintenance once it is installed. 59. Disabled Parking. All disabled parking stalls shall PW Issuance of Public meet State Title 24 requirements, including providing Occupancy Works curb ramps at each loading zone. Curb ramps cannot Permit(s) encroach within the loading/unloading areas. Disabled stalls shall be conveniently located and grouped near the primary entrances to each building. Van accessible stalls shall also be provided and shall meet State Title 24 requirements. 60. Disabled Access Ramps. The Applicant/ Developer PW rice of Occupancy Public shall install disabled access ramps, and where Permit(s) Works necessary replace or retrofit all existing accessible ramps, including those located along the project frontage, to meet current State Title 24 requirements. 61. Vehicle Parking. Applicant shall repair any PW Issuance of Public distressed areas of pavement within the existing Occupancy Works parking field, then seal and re-stripe the entire parking Permit(s) field. All parking spaces shall be double striped using 4" white lines set approximately 2 feet apart according to Figure 76-3 and §8.76.070 (A) 17 of the Dublin Municipal Code. All compact-sized parking spaces shall have the word "COMPACT" stenciled on the pavement within each space. 12"-wide concrete step-out curbs shall be constructed at each parking space where one or both sides abuts a landscaped area or planter. Wheel stops as necessary shall be provided at the parking stalls. 62. Sidewalk. The Applicant/Developer shall repair any PW Issuance of Public damaged sidewalk along the site frontage. Per Section Occupancy Works 1114B.1.2 of the California Building Code, an Permit(s) accessible and direct route travel shall be provided between the building and the public sidewalk on Regional Street. 14 63. Signs Pavement Markings. The Applicant/ Developer PW Issuance of Public shall be responsible for the following on-site traffic Occupancy Works signs and pavement markings: Permit(s) a. Handicapped parking signs and legends per State Title 24 requirements. Any other signs and markings deemed reasonably necessary by the City Engineer and/or Public Works Director during final design and,'or construction. 64. Relocation of Existing Improvements/ Utilities. PW Acceptance of Public Any necessary relocation of existing improvements or Improvements by Works utilities shall be accomplished at no expense to the City Council City. 65. Construction Hours. Construction and grading PW During Public operations shall be limited to weekdays (Monday Construction Works through Friday) and non-City holidays between the hours of 7:30 a.m. and 5:30 p.m. The Applicant/Developer may request permission to work on Saturdays and/or holidays between the hours of 8:30 a.m. and 5:00 p.m. by submitting a request form to the City Engineer no later than 5:00 p.m. the prior Wednesday. Overtime inspection rates will apply for all Saturday and/or holiday work. 66. Damage/Repairs. The Applicant/Developer shall be PW Acceptance of Public responsible for the repair of any damaged pavement, Improvements by Works curb & gutter, sidewalk, or other public street facility City Council resulting from construction activities associated with the development of the project. 15 67. Occupancy Permit Requirements. Prior to issuance PW Prior to issuance Public of an Occupancy Permit, the physical condition of the of Occupancy Works project site shall meet minimum health and safety Permit standards including, but not limited to the following: a. The walkways providing access to the building shall be complete, as determined by the City Engineer, to allow for safe, unobstructed pedestrian and vehicle access to and from the site. b. All traffic control devices providing access to the site shall be in place and fully functional. c. All address numbers for streets providing access to the buildings shall be in place and visible. d. Lighting for the site shall be adequate for safety and security. Exterior lighting shall be provided for building entrances/ex its 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. 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, si a e) shall be installed and fully functional. 68. Required Permits. An encroachment permit from PW Various Times Public the Public Works Department may be required for any and Prior to Works work done within the public right-of-way. Developer Issuance of shall obtain. all permits required by other agencies Building Permit including, but not limited to Alameda County Flood Control and Water Conservation District Zone 7, California Department of Fish and Game, Army Corps of Engineers, Regional Water Quality Control Board, Caltrans and provide copies of the permits to the Public Works Department. 69. Public Improvements. All public improvements PW Acceptance of Public constructed by Developer and to be dedicated to the Improvements by Works City are hereby identified as "public works" under City Council Labor Code section 1771 unless the Public Works Director specifically determines otherwise in writing. Accordingly, Developer, in constructing such improvements, shall comply with the Prevailing Wage Law Labor Code, Sects. 1720 and following). DUB LIN POLICE SERVICES 70, Non Residential Security Ordinance requirements. PO On-going Police The Applicant/Developer shall comply with all applicable City of Dublin Non Residential Security Ordinance requirements. 16 71. Graffiti. The Developer and/or Property Owner shall PO Occupancy Police keep the site clear of graffiti vandalism on a regular and continuous basis at all times. Graffiti resistance materials and foliage should be used. DSR SD DUBLIN SAN RAMON SERVICES DISTRICT 72. Improvement Plan Submittal. Prior to issuance of DSRSD Issuance of any DSRSD any Building Permit by the City of Dublin, complete building permit 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. 73. Fees. Prior to issuance of any Building Permit by the DSRSD Issuance of any DSRSD City of Dublin or any Construction Permit by DSRSD, permit whichever comes first, all utility connection fees including DSRSD and Zone 7, plan checking fees, inspection fees, connection fees, and fees associated with a wastewater discharge permit shall be paid to DSRSD in accordance with the rates and schedules established in the DSRSD Code. 74. Indemnification. The Applicant shall hold DSRSD, DSRSD On-going DSRSD it's Board of 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 12`h day of November ,008. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Planning Manager Planning Commission Chairperson 17