HomeMy WebLinkAboutReso 166-02 Armstrong CUPRESOLUTION NO. 166 -02
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING PA 02-009 ARMSTRONG GARDEN CENTER FOR A CONDITIONAL USE PERMIT,
SITE DEVELOPMENT REVIEW AND SIGN/SITE DEVELOPMENT REVIEW REQUEST TO
CONSTRUCT A ~:30,810 SQUARE FOOT RETAIL GARDEN CENTER CONSISTING OF A 6,400
SQUARE FOOT BUILDING AND ADJACENT OUTDOOR STORAGE/DISPLAY AREA,
WITH AN EXEMPTION/REDUCTION TO PARKING REQUIREMENTS
LOCATED AT 7360 SAN RAMON ROAD
WHEREAS, the Applicant, Ted J. Stelzner of TJS Architects, Inc., on behalf of Armstrong Garden
Centers, has requested approval of an amendment to the San Ramon Road Specific Plan, Planned Development
Rezoning, Conditional Use Permit, Site Development Review and Sign/Site Development Review to construct
an approximately 30,810 square foot retail garden center, consisting of a 6,400 square foot retail sales building
and adjacent 24,410 square foot outdoor storage/display area, with an exemption to the parking requirements,
which is located at 7360 San Ramon Road, within the San Ramon Road Specific Plan and the C-l, Retail
Commercial Zoning District; and
WHEREAS, a complete application for the above noted entitlement request is available and on file in
the Department of Community Development; and
WHEREAS, Applicant/Developer has submitted project plans and exterior elevations dated received on
July 3, 2002, for a Conditional Use Permit, Site Development Review and Sign/Site Development Review for
the approximately 30,810 square foot retail garden center; and
WHEREAS, the project has been reviewed in accordance with the California Environmental Quality
Act (CEQA), the State CEQA Guidelines and the City of Dublin Environmental Guidelines and is Categorically
Exempt from the provisions of CEQA, the State CEQA Guidelines and the City of Dublin Environmental
Guidelines, under Section 15061(b)(3) and Section 15332, as there is no potential for significant environmental
effects to occur as a result of the project and the project would be located on an infill site which was previously
improved; and
WHEREAS, the City adopted the San Ramon Road Specific Plan on July 25, 1983 which was prepared
pursuant to Government Code Sec. 65450 et seq., and amended on November 28, 1983, September 8, 1986, and
September 22, 1986; and,
WHEREAS, the Specific Plan includes permitted land uses, development standards, urban design
guidelines, transportation improvements and implementation programs to achieve the goals of the Dublin
General Plan; and,
WHEREAS, the City Council does find it appropriate to amend the allowed land uses in the Land Use
Plan for Area 3 to add garden stores/centers as a conditional use, and to amend the Circulation System Section
of the San Ramon Specific Plan for Area 3 to reflect the new location of the drive aisle accessway for
consistency with the project plans, and to modify the text of the Specific Plan to accordingly; and,
WHEREAS, the Planning Commission did hold a public hearing on the Conditional Use Permit/Site
Development Review and the Sign/Site Development Review on August 13, 2002 and did adopt Resolution
Nos. 02-28; 02-29; and, 02-30, recommending that the City Council adopt the Specific Plan Amendment and
Planned Development Rezoning, and approve the Conditional Use Permit/Site Development Review and the
Sign/Site Development Review, respectively, with modifications to the Project Plans as shown in Exhibit A;
and
WHEREAS, the Planning Commission transferred original hearing jurisdiction for this project to the
City Council pursuant to Section 8.96.020.C.3 of the Zoning Ordinance; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law; and
WHEREAS, a properly noticed public hearing was held by the City Council on September 3, 2002; and
WHEREAS, a Staff Report was submitted to the City Council recommending that the City Council
approve the project and adopt this resolution; and
WHEREAS, the City Council did hear and use their independent judgment and considered all said
reports, recommendations, and testimony hereinabove set forth; and,
WHEREAS, the City Council has found that the proposed project is appropriate for the subject site.
NOW, THEREFORE, BE IT RESOLVED THAT THE City Council of the City of Dublin does
hereby find that:
Ao
The proposed operation of a retail garden center facility within Area 3 of the San Ramon Road Specific
Plan and the Conditional Use Permit for PA 02-009 is compatible with other land uses (i.e. retail
commercial and residential), transportation and service facilities in the vicinity became the proposed
garden center use will provide a commercial service and retail establishment use consistent with the
adjacent downtown uses and will offer goods and services which typically benefit nearby residential
uses.
The proposed uses will not adversely affect the health or safety of persons residing or working in the
vicinity, and will not be detrimental to the public health, safety and welfare because there are no
potential environmental impacts associated with the project which is proposed for a previously
developed site.
The uses will not be injurious to property or improvements in the neighborhood because features have
been incorporated into the project or the project is conditioned to comply with all Building and Fire
Department requirements, Planning and Public Works Department requirements regarding on and
hazardous materials usage and storage, pesticide and herbicide usage, off-site traffic circulation, street
improvements, and on and off-site drainage improvements.
There are adequate provisions for public access, water, sanitation, and public utilities and services to the
site incorporated into the project to ensure that the proposed use and related structures would not be
detrimental to the public health, safety, and welfare.
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The subject site is physically suitable for the type, density and intensity of the use and related structures
being proposed because the project is located on relatively flat land which had been previously
developed and improved within an urbanized area and located adjacent to existing retail commercial
uses and medium density residential uses.
The Armstrong Garden Center use is not contrary to the specific intent clauses, development regulations,
and performance standards established for the PD Planned Development and C-1 Retail Commercial
Zoning Districts because the conditions of approval for the Conditional Use Permit and Site
Development Review for PA 02-009 are required to insure that the retail garden center use, which will
be supportive of surrounding retail and residential uses through the provision of retail garden services for
adjacent and nearby residents in the surrounding area and of similar surrounding retail commercial uses,
will be compatible with those uses.
The approval of this application, as conditioned, complies with the Dublin General Plan, the San Ramon
Road Specific Plan, the PD Planned Development and C-1 Retail Commercial Zoning Districts
regulations, and the general requirements established in the Dublin Zoning Ordinance.
The Armstrong Garden Center project is consistent with the intent and purpose of Chapter 8.104 Site
Development Review of the Zoning Ordinance.
The approval of this application, as conditioned, is in the best interest of the public health, safety and
general welfare.
The proposed site development, including site layout, structures, vehicular access, circulation, setbacks,
height, fencing, public safety and similar elements has been designed to provide a desirable environment
for the developments.
The proposed parking lot will provide sufficient parking for the garden center use with the allowed 25%
reduction in accordance with the Specific Plan and based on the evidence provided by the Applicant for
other developed garden center retail stores.
Architectural considerations, including the character, scale and quality of the design, the architectural
relationship with the site and other buildings; building materials and colors; screening of exterior
appurtenances; and exterior lighting and similar elements have been incorporated into the project in
order to insure compatibility of this commercial development with the development's design concept or
theme and the architectural character of the surrounding commercial and residential buildings and uses.
The proposed signage for the project is compatible with the design of the garden center, surrounding
uses, and other design elements in the project.
Landscape considerations, including the location, type, size, color, texture and coverage of plant
materials, the proposed comer accent area and similar enhanced landscaping elements have been
considered to ensure visual relief and an attractive environment for the public.
BE IT FURTHER RESOLVED THAT THE Dublin City Council hereby approves PA 02-009, the
Armstrong Garden Center Planned Development Rczoning, Conditional Use Permit, Site Development Review,
and Sign/Site Development Review, a request to construct an approximately 30,810 sqtmm foot retail garden
center at 7360 San Ramon Road and to allow a 25% reduction in the parking requirements in accordance with
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the provisions of the San Ramon Road Specific Plan, as generally depicted by the Project Plans, labeled Exhibit
A, consisting of 17 sheets prepared by TSJ Architects, Environmental Design Systems, and Alexander &
Associates, Inc., dated received by the Planning Depamnent on August 23, 2002. The Conditional Use Permit,
Site Development Review and Sign/Site Development Review are subject to the approval of the related San
Ramon Road Specific Plan Amendment and the effective date of the Planned Development Rezonlng, and
compliance with the following conditions:
.C.,.ONDITIONS OF APPROVAL:
Unless stated otherwise, all Conditions of A~proval shall be complied with prior to the issuance of buildimz
_r~rmits or establishment of use, and sba!! ..be subject to Planning Dement review and al~lxoval. The
followine codes re~resent those depaxtments/.agencies responsible for monitorin~c0mpliance of the conditions
of approval: [PL] Planning, [B] .B. ui.'lding, [PO] Police~IPWl Public Works [ADMI Administration/City
Attorney, [F~ Finance, IF1 Alameda..Gountv Fire Der~artment, IDSR] Dublin San Ramon Services Distri.ct.~
[LDD], Livermore Dublin Dispo~l: [CO] Alam.e..da County Department of Envirom.e. ntal Health, [Zone 7],
Alameda County Flood Control and Water Conservation District. Zone 7, [LAVTA], Livermore Amador Valley
Transit Authority, [CHS], California Dep~ent of Health Services.
No com moNx XT .......... =si, th. W}IEN '" .OWLS .......
AGENCY/ REQ.? CO~ITION
DEPOT. SATISFIED?
1. Pemit ValidiW and. Expiation. This permit is considered valid PL ~goMg
on the effective date of~e Pl~ned Development Rezoning.
Cons~ction or use shall commence within one year of pemit
approval~ 0r the pemit .sha~l lapse ~d become null and void.
2. Revocation of pemit. The pemit shall be ~vocable for cause in PL Ongoing
accordance with Chapter 8.96 of~e Dublin ~ning OrdM~ce.
Any violation of~e te~s or conditions of this pemit shall be
subject to citation.
3. Minor Modification of Plans and Amendment. Minor PL OngoMg
modifications in the project pl~s as shown in Exhibit A, ~d minor
mendments to ~is pemit, are subject to review and approval by
· e Co~uni~ Deye!op.¢ent Director or desi~med asent. . ....
4. Clean up. ~e Appli~eveloper shall be responsible for clea'n" PL ....... Ongoing
up and dis~sal of project related trash to maintain a cle~, liRer-
~ee site ........
.......... 5. Controlling Activiii~. ~e A~s~ong G~den Center"shall consol PO, PL ongoMg
all activities on the project site so as not to create a nuisance to the
s~ounding busin.e~.es ~d residences.
6. Aceesso~ Structures. The use of ~y accesso~ structures, such as PL, B}"'~ ~going
storage sheds or ~ailedconminer units used for storage or for ~y
o~er pu~ose, shall not be allowed on ~e site at any time unless
specifically pemi~ed by the Conditional. ~se Pemit. . ...................
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NO CONDITION TEXT RESPON. WHEN HOW IS
AGENCY/ REQ.? CONDITION
DEPART. SATISFIED?
........ 7. Fees. Applica~i0per Shall pay all applicable fees 'in effect~at Various Various
the time of building permit issuance, including, but not limited to, times, but no
Planning fees, Building fees, TVTC fees, Dublin San Ramon later than
Services District fees, Public Facilities fees, Dublin Unified School issuance of
District School Impact fees, Alameda County Fire Services fees, Building
Permits
Alameda County Flood and Water Conservation District (Zone 7)
Drainage and Water Connection fees; or any other fee that may be
adopted and applicable.
8. Requirements and Standard Conditions. The Various Prior to
Applicant/Developer shall comply with applicable Alameda County issuance of
Fire, Dublin Public Works Department, Dublin Building Building
Department, Dublin Police Service, Alameda County Flood Control Permits
District Zone 7, Livermore Amador Valley Transit Authority,
Alameda County Public and Environmental Health, Dublin San
Ramon Services District and the California Department of Health
Services requirements and standard conditions. Prior to issuance of
building permits or the installation of any improvements related to
this project, the Developer shall supply written statements from
each such agency or department to the Planning Department,
indicating that all applicable conditions required have been or will
be met.
9. Standard Puglic'Works Conditions of ApproVal. PW Approval of
Applicant/Developer shall comply with all applicable City of Dublin Improvement
Standard Public Works Conditions of Approval, Attachment A. In Plans through
the event of a conflict between the Standard Public Works completion
Conditions of Approval and these Conditions, these conditions shall
prevail.
10. Required Permits. Applicant/Developer shall obtain all necessary PW Various
permits required by other agencies (e.g., Alameda County Flood times, but no
Control District Zone 7, Alameda County Health Agency (if later than
necessary), State Water Quality Control Board, etc.) and shall issuance of
submit copies of the permits to the Department of Public Works. Building
Permits
11.Buildin~-i~rmit$, codes and Ordinances. Thc B Thr0U~
Applicant/Developer shall obtain all necessary permits from the completion
Dublin Building Department. All project construction shall
conform to all building codes and ordinances in effect at the time of
build!.pl~, permits. ,,,
12,Fire Codes and OrdinanCes. Ail project ~0nstrucfi0~ ~hall conform B Through
to all fire codes and ordinances in effect at the time of building completion
permits.
13.Removal of Obstructions. Applicant/Developer shall remove all PW Prior to
trees including major root systems and other obstructions from Issuance of
building sites that are necessary for public improvements or for Occupancy
public safety as directed by the soils engineer and Director of Public Permits
Works.
NO ............ CONDITION TEXT ....... REsPoN'i" WHEN ....... HOW IS
AGENCY/ REQ.? CONDITION
DEPART. SATISFIED?
14. Traffic Control. Two-way traffic is to be maintai,'~ "PW Pr'i01';o ........
Amador Valley Boulevard and Amador Valley Boulevard during all Issuance of
phases of construction. Applicant/Developer shall submit a traffic Grading/Site
control plan showing detouring and temporary striping for all work Permits
interim or phased improvements in the public street right of way for
review and approva! .b.y the Director of P. ub!ic Works.. . .............
15. Building Permit Application. To apply for building permits, the B Prior to
Applicant/Developer shall submit twelve (12) sets of construction issuance of
plans together with final site plan and landscape plans to the Building
Building Department for plan check. Each set of plans shall have Permits
attached a copy of these conditions of approval with the "How is
Condition Satisfied?" column filled out. The column shall clearly
indicate how all conditions of approval will be, or have been
complied with. Construction plans will not be accepted without the
annotated conditions attached to each set of plans. The
Applicant/Developer will be responsible for obtaining the approvals
of all participating non-City agencies prior to the issuance of
building permits. ...........
16 Conditions of Related prOject Approvals. The .... i~n, PW ong~i~'g .......
Applicant/Developer shall comply with all conditions of approval of
the related San Ramon Road Specific Plan Amendment for thc PA
02-009 Armstron~;.,Garden Center project. . ..........
1% Delivery Trucks. Truck deliveries for the g~rden center shall ~' PL Ongoing'
prohibited between thc hours of 9:00 p.m. and 7;00 a.m.
18, Utility Siting Plan. The Applicant/Developer shall provide a final PW, PL Prior to
Utility Siting Plan showing that transformers and service boxes are issuance of
placed outside of public view where possible and/or screened to the Grading
satisfaction of the Community Development Director and Public Permits
Works Director.
19. Roof Equipment ~ening. All roof equipment shall be Pn prior to
completely screened from view by a parapet. Equipment not issuance of
screened by a parapet shall be screened by materials architecturally Building
compatible with the building, as approved by thc Community permits
Development Director. . ...............................
NO CONDITION TEXT RESPON. WHEN HOW IS
AGENCY/ REQ.? CONDITION
DEPART. SATISFIED?
20. Trash Enclosures. A shared trash bin enclosure shall be PL, B, Prior to
constructed as shown on the Site Plan, Exhibit A, Sheet A2. LDD, PW issuance of
According to the plan, the trash enclosure will straddle the common Building
property line between the subject site and APN 941-40-2-17 (Sleep Permits
Shop Ltd). The Applicant shall provide a right-of-entry from the
neighboring property owner before initiating this off-site work. If
both properties will have rights to the enclosUre, a reciprocal use
easement or agreement shall be created to memorialize these rights.
The enclosure shall also be designed to accommodate the dumpsters
and trash pick-up equipment available from Livermore-Dublin
Disposal Company. The applicant may contact them at (925) 447-
1300 for more information.
The bin shall not be larger than 4 yards in capacity. The enclosure
shall have a 6 inch by 6 inch curb on the inside of the enclosure wall
to protect the walls of the enclosure from the bins. The enclosure
shall be built of concrete block or equivalent and shall have metal
doors. Chain link doors are not permitted. The doors must be
designed so that they can be locked closed and can also be held
open with pin locks during loading. Trash bin enclosures shall be
finished so that they are architecturally compatible with the related
main structure on the garden center site. Trash bin enclosures shall
be properly maintained and free of graffiti. All trash bins used for
this site shall be maintained within the trash bin enclosure(s) at all
times. The container shall be covered and shall meet the
requirements of the County Health Code, the Dublin San Ramon
Services District and the National Pollution Discharge Elimination
System.
The final location of the trash enclosures shall be determined prior
to submittal of building plans subject to the review and approval of
the City Planning Department, Public Works Department and the
.... Live. rmor.e Dublin Disposal Company. . ....
21. State Title 24 Requirements - Sidewalk/Handicap Ramps. "T'l~ .... PW Prior to
Applicant/Developer shall construct a sidewalk access from Amador issuance of
Valley Boulevard/San Ramon Road to the to the primary entry to Building
Permits and
the garden center, as shown on Exhibit A, Sheet A2, in order to
Completion
comply with the current State Title 24 requirements. All handicap of
ramps and accessible walkways shall comply with all current State Improvements
Title 24.requirements and City Of Dublin Standards. . ......
22 Bicycle Parking. The applicant/Developer shall install one ...... pi , PW ComPletion
parking space in a rack for every 40 vehicular parking spaces to the of
satisfaction of the Director of Public Works. Bicycle racks shall be Improvements
located near the building entrances for convenient surveillance by
the employees and patrons.
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...... '~O CONDITioI~ TEXT ..... RESP~IN. WHEN HOW IS
AGENCY/ REQ.? CONDITION
OlEPART. SATISFIED?
23. Repair of Damages'."~i~plicant/Developer shall"~epair all damaged PL P'rior to "'
existing street, curb, gutter and sidewalk along San Ramon Road and issuance of
Amador Valley Boulevard as a result of construction activities to the Occupancy
satisfaction of the Director of Public Works. permit
24. Parking Ratio Reduction. In accordance with the provisions of the PL Prior to
San Ramon Road Specific Plan, the project shall be allowed a 25% Issuance of
reduction in the allowed parking ratio based on the evidence Building
provided. The required number of parking spaces with the reduced Permits
ratio would be 34 spaces. The Applicant/Developer proposes to
provide 33 parking spaces in the parking area adjacent to the garden
center, and develop at least three additional parking spaces in the
adjacent KinderCare parking lot. The Applicant/Developer shall
enter into a joint/shared parking agreement with the operator/owner
of the KinderCare fa~!.!.!ty for use of this parkinl~ area... . ......
25 Parking. All parking shall generally conform to the plans shown in PL Prior to
Exhibit A, with the exception that the 23" diameter Oak tree Issuance of
designated for removal in the parking area (Stall 13) shall be Building
preserved, and no improvements shall be installed that may Permits
adversely affect the health of the tree. The Applicant shall consult
with a licensed Arborist to determine necessary setbacks or other
mitigations, such as hand-trimming of roots and installation of
pervious coverage around the base of the tree, to assure the
continued health of this tree. Should two or three parking spaces be
lost and not be developed as shown on the plan as a result of
preservation of this tree, the Applicant shall develop the required
spaces in the adjacent parking area as discussed in Condition 23,
above, to ensure that a minimum of 34 parking spaces are provided
for the use.
Public parking spaces shall be double-striped with 4-inch wide
stripes set approximately 2 feet apart as shown on the "Typical
Parking Striping Detail" available in the Planning Department.
Disabled accessible, visitor, employee and compact parking spaces
shall be appropriately identified on the pavement and designated on
the parking plan.
The Applicant/Developer shall provide a minimum one-foot wide
raised curb or equivalent on landscape fingers and islands adjacent
to parking stalls.
NO CONDITION TEXT RESPON. 'WI~N HOTM IS
AGENCY/ REQ.? CONDITION
DEPART. SATISFIED?
26. Design. The design of the development'pursuant to this Site PL Pri~r'i~
Development Review shall generally conform to the revised project issuance of
Exterior Elevations and Trellis Plan and Details as shown in Exhibit Building
A, Sheets A3 and A4, submitted by TJS Architects dated received Permits
August 23, 2002, and the colors and materials shown on the plan,
and to the Site Plan, Sheet A2, on file in the Planning Department,
and other plans, text, and diagrams relating to this Site Development
Review, unless modified by the Conditions of Approval contained
herein.
27. Perimeter Fencing. The ot~tdoo}'storage area shall be encl'~sed by an PL,' ~3'" Prior to
6-foot high wrought iron fence as shown annotated on the Site Plan, issuance of
Exhibit A, Sheet A2, and painted to complement the design of the Building
facility and building. Permits
28 Dedication and improvement of Amador Valley Boulevard. PW Prior to
Applicant/Developer shall irrevocably dedicate sufficient fight-of- issuance of
way to the City of Dublin to widen the north side of Amador Valley Grading/Site
Boulevard, (from San Ramon Road to the easterly end of the work Permit
neighboring Kindercare driveway) for public street purposes. Said
widening area shall measure 10' along the north side of Amador
Valley Boulevard to create an ultimate right-of-way width of 46' for
the straight segment of road. The dedicated area shall taper and
conform to the existing right-of-way line at the existing "S" curve at
the intersection with San Ramon Road. The tapers shall be
accomplished using tangent curves in a configuration acceptable to
the Director of Public Works. The Applicant shall retain a licensed
Land Surveyor to prepare all necessary plats, legal descriptions, and
other supporting documentation, and shall retain a title company to
record all documents.
29, Right-of-way Improvements. Along the Am~dor Valley Boulevard' PW Prior t~'
frontage of the site, the Developer/Applicant shall widen the north issuance of
side of the Amador Valley Boulevard to create a curb-to-curb width Grading/Site
at the straight segment of 36'. A 5'-wide public sidewalk shall be work Permit.
constructed on the north side that conforms to the existing sidewalk
at the neighboring KinderCare site and to the existing curb ramp at
the northwest corner of San Ramon Road and Amador Valley
Boulevard. The Developer/Applicant shall be responsible for the
design and construction of all improvements associated with the
widening of Amador Valley Boulevard. Said improvements shall
include, but not be limited to, 10' of pavement section, curb & gutter,
5'-wide sidewalk, storm drain, utilities, streetlights, pavement
markings and signs, and landscaping, all as determined by the
Director of Public Works.
9
NO CONDIT'~oN TEXT .... RE'PON. wHEn HOW IS
AGENCY/ REQ.? CONDITION
DEPART. SATISFIED?
30. Improvement Agreement and Security. Pursuant to §7.16.620 of PW Prior to
the Municipal Code, the Applicant shall enter into an Improvement issuance of
Agreement with the City to guarantee the right-of-way improvements Grading/Site
work Permit
and required site improvements. The Agreement will require
Improvement Security to be posted to guarantee the faithful
performance of the permitted work and the payment for labor and
materials. Such security shall be in the form of cash, a certified or
cashier's check, a letter of credit, or a faithful performance bond and
a labor and materials bond executed by the applicant and a corporate
surety authorized to do business in California. The amount of the
security will be based on the estimated cost of the off-site and on-site
work (excluding the building). The applicant shall provide an
estimate of these costs for City review with the first plan s..u..b, mittal. ..
31 Streetlights. Applicant/Developer shall install (1) one additional
streetlight on the north side of Amador Valley Boulevard located
midway between the existing street light at the KinderCare frontage
and the light at the San Ramon Road intersection. Said streetlight
shall be a City Standard cobra head luminaire with galvanized steel
or aluminum pole as required by the Director of Public Works. An
unmetered service point within the public right-of-way or Public
Service Easement area shall be obtained from Pacific Gas & Electric
Company, together with a pole number for billing purposes. A street
lighting circuitry plan that demonstrates compliance with this
condition shall be submitted prior to issuance of the
Grading/Sitework permit. Said plan shall be subject to review and
approval by the Director of Public Works. Upon acceptance of these
improvements by the City Council, the City will assume
responsibility for this light.
32. Construction of Improvements. The Applicant/Developer shall PW Prior to
construct the improvements as shown on the Street Improvements issuance of
and Cross Sections prepared by Alexander & Associates, Inc., Occupancy
Exhibit A, Sheet C5, dated received by the Planning Department Permits
August 23, 2002, and stamped approved and on file with the
Planning Department. . ...........
33. Improvement Plans. The Applicant/Developer's :Engineer shall PW Prior to
prepare final improvement plans for review and approval by the Issuance of
Director of Public Works. Said Improvement plans shall be based on Building
the Site Plan and other preliminary plans in Exhibit A and include, Permits
but are not limited to, plan and profile, storm drainage, utility,
striping, new pavement sections per the approved project soils report,
and details for the project to the satisfaction of the Director of Public
Works. The Applicant/Developer's Engineer shall obtain the City of
Dublin's Site Check List from the Public Works Department and
shall address any and all items applicable to the project. Said Check
List shall be part of these conditions of approval. Prior to acceptance
of the right-of-way improvements by the City Council, the Applicant
shall forward "As-Built" plans for the City's permanent files. Said
plans shall be printed on Mylar. . ..............
10
N° ........ CONDITION ~EXT .... R~'~'PON. WHEN How""IS
AGENCY/ REQ.? CONDITION
DEPART. SATISFIED?
34. Storm Drain Improvements. Applicant/Developer shall C0'~struct pW' p~i~'t'o .......
all required storm drain improvements in accordance with a site- ~ssuance of
specific hydrology/hydraulic analysis and/or as specified by the Grading/Site
DPW. work Permit
35. Lot Merger. The Applicant/Developer shall m'e~ge the existing pW .... i~rior to
parcels identified on the current assessor plat as Assessor Parcel Issuance of
Numbers 941-40-2-22 and 941-40-3-3 through a Lot Merger to a Building
Permits
configuration acceptable to the Community Development Director
and the Director of Public Works. Applicants for said merger shall
be obtained from the Public Works Department. The
Applicant/Developer shall adhere to all State, County, and City
requirements for said merger. The Applicant shall retain a licensed
Land Surveyor to prepare all necessary plats, legal descriptions, and
other supporting documentation, and shall retain a title company to
record all documents ..........
36 Public Service Easement Dedications. In accordance with the City PW Prior to
of Dublin General Plan §5.1.1 C7, a 5'-wide public service easement Issuance of
shall be irrevocably granted to the City along the north side of Building
Amador Valley Boulevard. This easement area may be landscaped, Permits
but no permanent structures will be allowed within it. The
Applicant shall retain a licensed Land Surveyor to prepare all
necessary plats, legal descriptions, and other supporting
documentation, and shall retain a title company to record all
documents.
37. Emergency Vehicle Acc~s Easement Dedications. '.. pw, F ' . Prior t° "
Applicant/Developer shall dedicate all needed emergency vehicle Issuance of
access easements from each adjacent public street to all fire access Building
roads surrounding the site buildings as defined by Alameda County Permits
Fire Department and to the satisfaction of the Director of Public
Works. Applicant/Developer shall also dedicate reciprocal access,
parking, common driveway, drainage, ingress and egress and other
needed utility easements as defined and approved by the Director of
Public Works and the ACFD.
38 Reciprocal Access Easement. The Applicant/Dev~i~per shall retain' PW Prior t°
a licensed Land Surveyor and title company to prepare and record all Issuance of
necessary title documents to grant a reciprocal access easement Building
across the primary vehicle drive aisle to allow joint use of the aisle Permits
for the neighboring parcels, APN 941-40-2-17 (Sleep Shop Ltd.) and
APN 941-40-2-16 ~M..c. Namara's Restaurant).
39 Quitclaim of Access Rights. An existing 25'-wide Public"p~cess p~'" Prior"t0"
Easement exists across the abutting property to the north for the issuance of
benefit of the Applicant/Developer's site and others. Said easement Building
resides across an eastern portion of APN 941-40-2-17 (Sleep Shop Permit.
Ltd.). Because this easement will no longer serve a purpose when
the Applicant/Developer's project is constructed, the City may
quitclaim all rights to said easement in the future. As such, the
Applicant/Developer shall provide the City of Dublin with a written
statement acknowledging that any proposed quitclaim of said existing
easement will not be contested o.r opposed. . ......
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~10. Pl~/~,~ie"Monument Sign Easement and'"'~greement. The sul~itted PW Prior to
Preliminary Title Report by First American Title dated 2/21/02 issuance of
indicates that an Easement for Monument Sign and a Monument Sign Grading/Site
work Permit
Easement Agreement exist between the property owner and or Building
KindcrCare Learning Centers that encumbers the property (See Permit
Exceptions 14 and 15). Said documents were recorded on 4/19/01 as
Series No. 2001-131284. The applicant shall indicate the location of
the easement, and shall explain whether the agreement restricts any
of the proposed site improvements.
41. Transportation and Parking Impacts Study, The City PW Prior to
commissioned a study to evaluate transportation and parking issuance of
impacts from the project. Said study was prepared by Omni-Means Grading/Site
and is titled "Final Report, Transportation and Parking Impacts for work Permit
the Proposed Armstrong Garden Center" dated 6/21/02. All
recommended mitigation measures offered in the study shall be
incorporated into the design of the project, unless specifically
superceded or modified by these Conditions of Approval, or by the
Director of Public Works.
42 Signs and Pavement Markings. The Applicant shall be PW Prior to
responsible for the following traffic signs and pavement markings: issuance of
The two 1126 "No Parking Anytime" signs along the north side of Grading/Site
Amador Valley Boulevard shall remain, although a re-evaluation of work Permit
parking needs for the site may be performed in the future to allow
public parking along the roadway, if needed. Type VI merge
arrow(s) shall be installed in the outside lane for westbound traffic
on Amador Valley Boulevard near the intersection. The existing R2
"Yield" sign shall be replaced with a W75 "Lane Ends Merge Left"
sign. An R7 "Keep Right" sign shall be added at the median nose
for eastbound Amador Valley Boulevard. The existing W53 "Not a
Through Street" sign shall be relocated to the back of the new
sidewalk for westbound Amador Valley Boulevard. . .....
43. Sight Distance. The Applicant shall have a Civil or Traffic PW Prior to
Engineer determine an appropriate setback for the perimeter fencing issuance of
as it extends towards the driveway to assure unobstructed sight Grading/Site
work Permit
distance for drivers exiting the site and submit appropriate
calculations to the Public Works Division to verify that the fencing
in the location shown on Sheet A2 of the exhibits will not hinder
si~ht visibility. . .......
44. Traffic Control.' Tx~o-~'ay vehicle and pedest'ri'an traffic is to be PW '~)n-going ......
maintained along Amador Valley Boulevard and San Ramon Road during
during all phases of construction. Applicant/Developer shall submit construction
a traffic control plan showing detouring and temporary striping for
all interim or phased improvements in the public street right of way
for review and approval by the Director of Public Works.
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45. 'Requirements. The ~pplica~t/l~eveloper shall grade the prOJ'e&;"i'n pW Ongoing ............
accordance with the Public Works Standard Conditions of Approval
and California Regional Water Quality Control Board standards and
details.
46. Water Quality Requirements. Pt~r~'u'~nt to the City of Dublin"s'" PW On-going
National Pollution Discharges Elimination Permit (NPDES) No. During
CAS0029831 with the California Regional Water Quality Control Consn'uction
Board, all grading and construction activities within the City must
comply with the provisions of the Clean Water Act. Proper erosion
control measures must be installed at construction sites within the
City, and all activities shall adhere to Best Management Practices.
All on-site storm drain inlets shall be fitted with filter devices to
remove hydrocarbons and other contaminants from the storm runoff.
Said filter devices shall be periodically cleaned pursuant to the
recommendations of the device manufacturer. Finally, all storm
drain inlets shall be stenciled "No Dumping - Flows to Bay" using a
standard stencil available from the Alameda County Urban Runoff
Clean Water Program, located at 951 Turner Court, Hayward,
California.
47 Final Geotechnical & Soils Report. In accordance with the PW, B Prior to
requirements of the Building and Safety Division, the issuance of
Applicant/Developer shall retain a licensed Geoteelmical Engineer Grading
to prepare a Final Geotechnical & Soils Investigation for the site. Permit/
Improvement
Said report shall verify that building setbacks from the existing Plans and
earthquake fault trace that traverses the site for buildings and during
accessory structures as shown on the project Site Plan are adequate consUnction
and/or recommend appropriate setbacks from the fault trace. The
design of the underground utilities, grading, paving, retaining walls,
and foundations shall be based on recommendations outlined in said
Report. The Geotechnical Engineer shall certify that the design
conforms to the recommendations before the City issues a
Grading/Site Development Permit.
48. Undergrounding. The Developer shall underground all utilities to PW Prior to
the project unless specifically approved by the Director of Public issuance of
Works. The Developer shall remove all existing overhead utilities Orading
Permit/
within the project and construct them underground. Improvement
Plans
13
49. Joint Utility Trenches/Undergro'~'~'~ling/Utility Plans. ' ......... pw Prior to .............
Applicant/Developer shall construct all joint utility trenches (such Occupancy
as electric, telephone, cable TV, and gas) in accordance with the
appropriate utility jurisdiction. All communication vaults, electric
transformers, cable TV boxes, blow-off valves and any appurtenant
utility items thereto shall be underground and located behind the
proposed sidewalk within the public service easement, unless
otherwise approved by the Director of Public Works and any
applicable agency. All conduits shall be under the sidewalk within
the public right of way to allow for street tree planting. Utility plans,
showing the location of all proposed utilities (including electrical
vaults and underground transformers) behind the sidewalk shall be
reviewed and approved by the Director of Public Works. Location
of these items shall be shown on the Final Utility Plans.
50 Streetlights. Applicant/Developer shall install streetlights on PW Prior to
Amador Valley Boulevard and San Ramon Road that are the City issuance of
Standard cobra head luminaries with galvanized poles as required by Grading
the Director of Public Works. A street lighting plan which Permits
demonstrates compliance with this condition shall be submitted
prior to issuance of grading permits and shall be subject to review
and approval by the Director of Public Works.
51 Zone 7. The Applicant/Developer shall comply with all Alameda 'i~W, Zone7 Prior i~ ........
County Flood Control and Water Conservation District - Zone 7 approval of
Flood Control requirements and applicable drainage fees. Improvement
Plans
52 Zone 7 Monitoring Well on Adjacent Property. During grading ~'one 7 Ongoing
and construction, precautions shall be taken to avoid damage to the
existing Zone 7 monitoring well located on the property to the north
of the project site. Should any well be discovered on the property
during grading or construction, the Applicant/Developer shall
properly destroy the well in accordance with a permit obtained from
Zone 7.
53. Lighting Plan. The Applicant/Developer shall prepare a Lighting PW, PL, Prior to
Plan and Isoehart (Photometrics) to the satisfaction of Police PO issuance of
Services, the Director of Public Works and Director of Community Building
Development. Exterior lighting shall be provided within the parking Permits
lot, around the entire perimeter of the building and outdoor storage
area, and over exterior doors, and shall be ora design and placement
so as not to cause glare onto adjoining properties, businesses or to
vehicular traffic. Lighting used after daylight hours shall be
adequate to provide for security needs (1 foot candle). Wall lighting
around the perimeters of the building should be supplied to provide
"wash" security lighting as appropriate. Reasonable clearances shall
be provided between lights and trees to assure that the tree canopies
do not envelope the lights when mature.
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54. Fencing. Fencing around the outdoor display' area shall be a PO P~igr tg
minimum of 8-feet in height. The fence shall be constructed with issuance of
materials that will deter individuals from climbing and scaling the Building
fence. Permits
55. Robbery, Burglary, Theft Prevention a'~d Security Program. '" PO "Ongoing
The Applicant shall work with Dublin Police Services on an
ongoing basis to establish an effective robbery, burglary, theft
prevention and security program for the business.
56. Graffiti. The owners of Armstrong Garden Center shall, at ai'l times, PO, PL Ongoing
keep the site and building clear of graffiti vandalism on a regular and
continuous basis. Graffiti resistant paints for the structures and film
for windows or glass should be used. . .....
57. Emergency Response Card. Armstrong Garden Center shaii' PO Prior to
complete a "Business Site Emergency Response Card" and deliver it issuance of
Occupancy
to Police Services prior to occupancy. Permit
approval
58 Fire Conditions. Developer shall comply with all conditions of the F Prior to
Alameda County Fire Department (ACFD) as listed in the letter Issuance of
from ACFD dated May 21 2002, including: Building
' Permits
a. Access and Water Supply. An '~l~roved access and wat~r'"'supply Prior to the
shall be in place and operational, stockpiling of
any
combustible
materials or
commenceme
nt of
combustible
construction
on the site
b. Drive Aisles. Final detailed lay~Bt and design of internal d'r['~e Prior to
aisles shall be subject to review and approval by the ACFD and the Issuance of
Director of Public Works. Building
Permits
c. Plan Review. Plans may be S~l~j;ct to revision following ';;view. Prior to
Issuance of
BId~..P..ermits
d. Fire Sprinklers. Aut(~hatic fire sprinklers shali i}'e' installed and Prior to
maintained to the specifications of the Alameda County Fire installation
Department, Fire Prevention Division, in the covered building area
only. Plans and calculations shall be submitted to the Fire Prevention
Division for review and approval prior to installation. A permit for
the system installation shall be completed and all fees paid prior to
installation.
........... e. Plans for Underground Fire S~ce Line. Plans shall b'e "' Prior to "
submitted for review and approval that include soils compaction, installation
corrosivity and thrust block calculations. A Permit for the
underground water supply for the fire sprinkler system shall be
completed an.d al! fees paid prior to installati..o.n ........
15
f. Fire Lane. A "Fire Lane" shall be designated and so marked along Prior to'
the main entry to the property, issuance of
Occupancy
Permits
g."St~rage Area. The ApPlicant/Developer shall provide d~tails for
the configuration of the storage area, including any racks with their
height an~l..type of materials that will be stored within the stor..a~e area.
h. Address. Approved numbers shall be placed on the new building.
The address for the facility building shall be clearly visible from the
street and the address must also be placed on the rear doors of any
building.
j. Hazaraous Materi'ais'~'"'Xn inventory stateme~["(HMIS) fOr any/all" Prior to
hazardous materials, including Material Safety Data Sheets, shall be issuance of
supplied to the Alameda County Fire Department, Fire Prevention Occupancy
Division, for approval of processing/storage/handling requirements. Permits
Additional Alameda County Environmental Health Agency
requirements, including a business emergency plan/hazardous
materials management plan (BEP/HMPP) and local building
approvals, may be required. ....
k. KNOX Box. To allow emergency access to the buildingi' a KNOX Prior to
box shall be installed at the main entries of the buildings issuance of
Occupancy
Permits
I. Existing Fir'e ityd~-~'nt. The existing fire h~dr'~i located West Of ..... Prior to
the driveway entrance to the adjacent KinderCare site shall be issuance of
relocated to the east side of the access to the site, or a new hydrant Occupancy
may be installed at that location subject to Fire Department review .Permits
and approval.
59 Prior to issuance of any building permit, complete improvement DSR Prior to
plans shall be submitted to DSRSD that conform to the requirements issuance of
of the DSRSD Code; Standard Procedures, Specifications and Building
Drawings for Design and Installation of Water and Wastewater Permits
Facilities; and all applicable DSRS..D...Master Plans and poli.c.i..es. ~ . .
601 Domestic and fire protection waterline systems for this commercial DSR Prior to
development shall be designed to be looped or interconnected to approval of
avoid dead end sections in accordance with requirements of the Improvement
DSRSD Standard Specifications and sound engi~)~e.r!ng practice. Plans
61. Public water and sewer lines shall be located in public streets rather I~SR Prior iss'uance
than in off-street locations to the fullest extent possible. If of Grading
unavoidable, then public sewer or water easements must be Permits
established over the alignment of each public sewer or water line in
an off-street or private street location to provide access for future
maintenance and/or replace.m..e...n....t.
62, Prior to approval by the City of a Grading Permit, the locations and DS'i~ Prior to
widths of all proposed easement dedications for water and sewer issuance of
lines shall be submitted to DSRSD. Grading
Permits
63 All easement dedicati'on'~'"~r DSRSD facilities sh'aii' be by separate DSR Prior to
instrument irrevocably offered to DSRSD, or by offer of dedication issuance of
on the Final Map. Building
Permits
16
64. Prior to issuance by the City of any Building Permit, alI utility DSR Prior to
connection fees, plan checking fees, inspection fees, permit fees and issuance of
fees associated with a wastewater discharge permit shall be paid to Building
DSRSD in accordance with the rates and schedules established in Permits
the DSRSD Code.
65~ Prior to issuance by the city of any Building Permit, or any DSR Prior to
Construction Permit by the DSRSD, whichever comes first, all issuance of
improvement plans for DSRSD facilities shall be signed by the Occupancy
District Engineer. Each drawing of improvement plans shall contain Permits
a signature block for the District Engineer indicating approval of the
sanitary sewer or water facilities shown. Prior to approval by the
District Engineer, the Applicant/Developer shall pay all required
DSRSD fees, and provide an engineer's estimate of construction
costs for the sewer and water systems, a performance bond, a one-
year maintenance bond, and a comprehensive general liability
insurance policy in the amounts and forms that are acceptable to
DSRSD. The Applicant/Developer shall allow at least 15 working
days for final improvement drawing review by DSRSD before
si~ature by the District Enl~!.n.e..e.r. . .........
66 No sewer line or water line construction shall be permiit~d unless DSR Ongoing
the proper utility construction permit ha~ been issued by DSRS .D: ...
67 The Applicant/Developer shall hold DSRSD, its Board of DSR P~or to
Directors, commissions, employees, and agents of DSRSD issuance of
harmless and indemnify and defend the same from any litigation, Building
claims, or fines resulting from the construction and completion of Permits
the project.
68 All mains shall be sized to provide sufficient capacity to PW, DSR Pri'o'~ t~
accommodate future flow demands for the project. Layout and issuance of
sizing of mains shall be in conformance with D SRSD's utility Grading
master planning. Permits
69 Construction Trash/Debris. Measures shall be taken to contain all PW, B, PL Prior to
construction related trash, debris, and materials on-site until Construction
disposal of-site can be arranged. The Applicant/Developer shall
keep the adjoining public streets and properties free and clean of
project dirt, mud, and materials during the construction period. The
Developer shall be responsible for corrective measures at no
expense to the City of Dublin.
70. Construction Fencing. The use o'~'~tny temporary construction PL, PW ....Prior to
fencing shall be subject to the review and approval of the Public issuance of
Works Director and the Building Official. Building
Permits
17
.... 71. Final Landscape and Irrigation l~l~'n. A FinaI Landscape'"'~md PL ........ Prior to ...........
Irrigation Plan prepared and stamped by a State licensed landscape issuance of
architect or registered engineer, generally consistent with the Building
preliminary irrigation and planting plan prepared by Environmental Permits
Design Systems, Inc., dated received July 3, 2002 (see Exhibit A,
Sheets L-1 and L-2), except as modified by Condition//71 below,
along with a cost estimate of the work and materials proposed, shall
be submitted for review and approval by the Community
Development Director.
72 Corner Accent Feature/Landscaping. The paVed corner'~'ccent PL, pW Prior to
feature/landscaping at the intersection of San Ramon Road and issuance of
Amador Valley Boulevard shall be landscaped, paved and include Building
the features (i.e., fountain, seatwall, bench, etc.) as generally shown Permits
on Sheet A1-1 of Exhibit A. The corner landscaping and features
shall be subject to the review and approval of the Community
Development Director, compatible with other features in the
downtown area, and shall be included as part of the Final Landscape
and Irrigation Plan submittal. Responsibility for maintenance of the
improvements associated with the corner accent feature and
landscaping shall be that of the Applicant/Developer. Since the
Applicant will own and maintain these private features, the
Applicant shall enter into an "Agreement for Long-Term
Encroachments" with the City that regulates this type of
encroachment.
73, Landscaping of Trash Enclosure. The A~plicant/Developer"~hall PL Prior to
provide an approximately 4-foot wide landscape planter along the issuance of
front of the trash enclosure and shall install landscaping as shown Building
Permits
on the planting plan for screening purposes. . ........
74. Standard Plant Material, irrigation and Maintenance PW Prior to
Agreement. The Applicant/Developer shall complete and submit to issuance of
the Dublin Planning Department the Standard Plant Material, Building
· Permits
Irrigation and Maintenance Agreement. . .............
75. Landscaping at Street/Drive Aisle Intersections. Landscaping at PL Prior to
street and drive aisle intersections shall be such that sight distance is issuance of
not obstructed. Except for trees, landscaping shall not be higher Building
than 30 inches above the curb in these areas. Permits
76. Landscape Borders. All landscaped areas shalI be bordered by a PL ongoing
concrete curb that is at least 6 inches high and 6 inches wide. Curbs
adjacent to parking spaces must be 12 inches wide. All landscaped
areas shall be a minimum of 6 feet in width (curb to curb). Concrete
mow strips at least 6 inches deep and 4 inches wide shall be
required to separate turf areas from shrub areas.
77 Maintenance of Landscape. All landscape areas on the Siie shall PLi P~v Prior to
be enhanced and properly maintained at all times. Any proposed or issuance of
modified landscaping to the site, including the removal or Building
replacement of trees, shall require prior review and written approval Permits
from the Communi~..Development Director: .............
18
78. Transfer of Landscape Maintenance"'0biigation. The ............... PL, pW' Ongoing
maintenance obligation for the landscaping improvements within the
public right-of-way along the San Ramon Road frontage shall be
transferred to the Applicant. Thc City originally installed landscape
improvements (irrigation, five street trees, and turf) at the direction
of the City Council to beautify this comer. Now that the
surrounding properties have developed and assumed responsibility
for their frontage landscaping, the Applicant shall accept the
maintenance obligation for all existing and proposed frontage
landscaping improvements. To effectuate the transfer, the Applicant
shall purchase the existing water meter that serves this area from the
City, then assume maintenance responsibility for the existing
irrigation system and pay all subsequent water usage, costs.
79 Water Efficient Landscaping Ordinance. The PL, PW C'~mpletion of
Applicant/Developer shall submit written documentation to the Improvements
Public Works Department (in the form of a Landscape
Documentation Package and other required documents) that the
development conforms to the City's Water Efficient Landscaping
Ordinance.
80. Landscaping and Street Trees. The A~¢licant/DeVeloper'~hall pL,'i~w Issuance of
construct all landscaping within the site, along the project frontage Occupancy
from the face of curb to the site right-of-way, and all street trees Permits
proposed within the public service easements, to the design and
specifications of the City of Dublin, and to the satisfaction of the
Director of Public Works and Director of Community Development.
Street tree varieties of a minimum 15-gallon size shall be planted
along all street frontages and shall be shown on the Landscaping
plans. Exact tree locations and varieties shall be reviewed and
approved by the Director of Public Works. The proposed variety of
trees to be planted adjacent to sidewalks or curbs shall be submitted
for review to and approval by the Director of Public Works. Root
shields shall be required unless otherwise determined by the
Director of Public Works and the Director of Community
Development. Four of the five existing street trees along the San
Ramon Road frontage shall remain, with one removed for
improvements in the accent area of the plan. The other landscaping
improvements along the frontage may be modified.
81 Retaining Walls. Shot~'~d there be any locations where the finished PL Prior to
grade of this site is in excess of twenty-four (24) inches higher or issuance of
lower than the abutting property or adjacent lots within the project, Building
Permits for
a concrete or masonry block retaining wall or other suitable solution signage
acceptable to the Director of Public Works shall be required and installation
shall be measured from the top of grade on the higher side of the
retaining wall or slope. Landscaping shall be installed around all
retaining walls in order to soften grade transitions to the satisfaction
of the Director of Public Works and the Director of Community
Development.
19
82. Building Signagc. Wall signs shall be allowed on the front (facing PL, B Prior to
San Ramon Road) and on the south side (facing Amador Valley issuance of
Boulevard) of the building as shown on the Exterior Elevations in Building
Exhibit A, Sheet A3, and be integrated with the architecture of the Permits
building. The maximum size of the wall signage of the building
shall be 150 square feet in area for each frontage. Materials and
colors for the signage shall be as shown on the Materials and Colors
Details in Exhibit B. The Applicant/Developer shall submit for and
receive approval of building permits for .s..ignage prior to installation. ........... ..
83. Directional Signage. The Applicant/Developer shall install PL Prior to
directional signage, subject to Staff review and approval, within the occupancy
project area to direct customers to the adjacent Sleep Shop, Ltd. and
McNamara's businesses.
PASSED, APPROVED AND ADOPTED this 3rd day of September, 2002.
AYES: Councilmembers McCormick, Oravetz, Sbranti and Zika and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None
K2/G/9-3-02/reso-arm~trong-cup-sdr.doc (Item 6.2)
G:~A\pa 02-009\CUP SDR CC- reso.do¢
Mayor
20