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HomeMy WebLinkAboutPCReso 99-11 PA99-038 Rec CC RiteAid/Kindercare CUP/SDRRESOLUTION NO. 99 - 11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL APPROVAL OF PA 98-038 RITE AID/KINDERCARE CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW REQUEST TO CONSTRUCT A +_16,700 SQUARE FOOT RETAIL DRUG STORE, A 9,824 SQUARE FOOT DAY CARE CENTER, AND VOLUNTARILY CONTRIBUTE TRAFFIC IMPROVEMENT FUNDS IN THE AMOUNT OF $129,880; AND TO ESTABLISH A 24-HOUR DRIVE-THROUGH PHARMACY AND DAY CARE CENTER AND TO EXEMPT PARKING REQUIREMENTS FOR THE DAY CARE CENTER LOCATED AT 7348 - 7372 SAN RAMON ROAD WHEREAS, the Applicants, Peter Tobin of Tait and Associates, on behalf of Rite Aid Corporation, and Joe Bledsoe of KinderCare Learning Centers, have requested approval of an amendment to the San Ramon Road Specific Plan, a Planned Development (PD) District Rezone, a Conditional Use Permit and Site Development Review to construct an approximate 16,700 square foot retail drug store, a 9,824 square foot day care center, and voluntarily contribute traffic improvement funds in the amount of $129,880, and to establish a 24-hour drive through pharmacy and a day care center and to exempt parking requirements for the day care center located at 7348 - 7372 San Ramon Road, within the San Ramon Road Specific Plan and the C-l, Retail Commercial Zoning District; and WHEREAS, the project has been reviewed in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the City of Dublin Environmental Guidelines and a Negative Declaration has been prepared for this project and is on file with the Dublin Planning Department. The project, as proposed, will not have a significant effect on the environment; and WHEREAS the Planning Commission held a properly noticed public hearing on said application on March 9, 1999; and WHEREAS, the Staff Report was submitted recommending that the application be conditionally approved; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth and used their independent judgment to make a decision; and WHEREAS, the Planning Commission has found that the proposed project is appropriate for the subject site. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: The proposed operation of a drive-through pharmacy and day care facility within the San Ramon Road Specific Plan and the Planned Development Zoning District for PA 98-038 is compatible with other land uses (i.e. retail commercial and residential), transportation and service facilities in the vicinity because the proposed drag store use will provide a commemial service and retail establishment use consistent with the adjacent downtown uses and both the drug store and day care uses will offer goods and services which typically benefit residential uses. The proposed uses will not a~ zrsely affect the health or safety ofper~ ~s residing or working in the vicinity, and will not be detrimental to the public health, safety and welfare because all the potential environmental impacts associated with the project are less than significant. The uses will not be injurious to property or improvements in the neighborhood because the project is conditioned to comply with all Building and Fire Department requirements, and Public Works Department requirements regarding on and off-site traffic cimulation, street improvements, and on and off-site drainage improvements. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use and related structures would not be detrimental to the public health, safety, and welfare. 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 within an urbanized area adjacent to existing retail commercial uses and medium to high density residential uses and the Applicants have agreed to mitigate off-site traffic and circulation impacts by the voluntary payment of $129,880 for street improvements. The Rite Aid Pharmacy drug store use and KinderCare day care center use is not contrary to the specific intent clauses, development regulations, and performance standards established for the Planned Development (PD) Zoning District for PA 98-038 because the conditions of approval are required to insure that both uses, which will be supportive of surrounding retail and residential uses through the provision of day care and education services for adjacent residents and children of workers in the surrounding commercial areas, and supportive of similar surrounding retail commercial uses, will be compatible with those uses. The approval of this application, as conditioned, complies with the Dublin General Plan, the related San Ramon Road Specific Plan Amendment and the PD Zoning District regulations, and the general requirements established in the Dublin Zoning Ordinance. The Rite Aid and KinderCare 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 and parking, setbacks, height, walls, public safety and similar elements has been designed to provide a desirable environment for the developments. Architectural considerations, including the character, scale and quality of the desig.n, the architectural relationship with the site and other buildings, building materials and colors, screemng of exterior appurtenances, 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. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, provisions and similar elements have been considered to ensure visual relief and an attractive environment for the public. 2 BE IT FURTHER RESOL ~D THAT THE Dublin Planning Con. ssion does hereby recommend City Council approval of PA 98-038 Rite Aid/KinderCare Conditional Use Permit and Site Development Review request to construct an approximate 16,700 square foot retail drug store, a 9,824 square foot day care center, and to establish a 24-hour drive through pharmacy and a day care center and to exempt parking requirements for the day care center located at 7348 - 7372 San Ramon Road, as generally depicted by the plans, labeled Exhibit C-1 of the related Planned Development District Rezone Planning Commission Resolution (Exhibit C), consisting of nine sheets prepared by Tait and Associates, MCG Architects, Majors 2M Engineering, and CRHO Architects, dated received by the Planning Department on March 1, 1999. stamped approved and on file with the Dublin Planning Department, subject to the approval of the related San Ramon Road Specific Plan Amendment and Planned Development District Rezone and compliance with the following conditions: CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use, and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [PL] Planning, [BI Building, [PO] Police, [PW] Public Works [ADM] Administration/City Attorney, [FIN] Finance, [FI Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [LDD], Livermore Dublin Disposal, [CO] Alameda County Department of Environmental Health, [Zone 7], Alameda County Flood Control and Water Conservation District, Zone 7, [LAVTA], Livermore Amador Valley Transit Authority, [CHS], California Department of Health Services. NO CONDITION TEXT RESPON. wHEN HOW IS AGENCY/ REQ.? CONDITION DEPART. SATISFIED? 1. Permit Expiration. Construction or use shall commence within one PL Ongoing gear of permit approval, or the permit shall lapse and become null and void. 2. Annual review. On at least an annual basis, this Conditional Use PL Ongoing Permit shall be subject to Zoning Investigator Review and determination as to compliance with the conditions of approval. Any violation of thc terms or conditions of this permit may be subject to enforcement action. 3. Revocation of permit. The permit shall be revocable for cause m PL Ongoing accordance with Chapter 8.96 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. 4. Clean-up. The Applicant/Developer shall be responsible for clean- PL Ongoing up and disposal of project related trash to maintain a clean, litter-free site. 5. Controlling Activities. Rite Aid and KinderCare shall control all PO, PL Ongoing activities on the project site so as not to create a nuisance to the existing or surrounding businesses and residences. 6. Accessory Structures. The use of any accessory structures, such as PL, B, F Ongoing storage sheds or trailer/container units used for storage or for any ~ other purpose, shall not be allowed on the site at any time. 7. Fees. Applicant/Developer 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, Dublin San Ramon Services District later than NO CONDI~ JN TEXT RES_ N. WHEN HOW IS AGENCY/ REQ.? CONDITION DEPART. SATISFIED? fees, Public Facilities fees, Dublin Unified School District School issuance of Impact fees, Alameda County Fire Services fees, Alameda County Building Flood and Water Conservation District (Zone 7) Drainage and Water Permits Connection fees; or any other fee that may be adopted. 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 Department, Building Dublin Police Service, Alameda County Flood Control District Zone Permits 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 Public Works Conditions of Approval. PW Approval of Applicant/Developer shall comply with all applicable City of Dublin Improvemem Standard Public Works Conditions of Approval, revised February 24, Plans 1999, Attachment D1 (obtain from Planning Department). In the through event of a conflict between the Standard Public Works Conditions of completion 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 submit issuance of copies of the permits to the Department of Public Works. Building Permits 11. Building Permits, Codes and Ordinances. The B Through 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 building permits. 12. Fire Codes and Ordinances. All project construction shall conform B Through to all fire codes and ordinances in effect at the time of building completion permits. 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. 14. Phasing Plan. If the project is to be phased, Applicant/Developer PW Prior m shall submit a phasing plan to the Director of Public Works for Issuance of review and approval showing that each building being constructed Occupancy has adequate parking, access, traffic circulation, fire access and Permits drainage per the City Zoning and Grading Ordinances. The unimproved portions of the site shall be hydroseeded and graded to drain into appropriate drainage structures with adequate erosion control protection and shall be maintained by Applicant/Developer until such time that the improvements are constructed. 4 NO CONDI~i N TEXT RES~ N. WHEN HOW IS AGENCY/ REQ.? CONDITION DEPART. SATISFIED? 15. Traffic Control. Two-way traffic is to bc maintained along Amador PW Prior to Valley Boulevard during all phases of construction. Issuance of Applicant/Developer shall submit a traffic control plan showing Building detouring and temporary striping for all interim or phased Permits improvements in the public street right of way for review and approval by the Director of Public Works. 16. Building Permit Application. To apply for building permits, the B Priorto 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 attached a Permits copy of these conditions &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. 17. Public Works Conditions of Approval. In submitting subsequent PW Prior to plans for review and approval, Applicant/Developer shall submit six issuance of (6) sets of plans to the Engineering Department for plan check. Each Building set of plans shall have attached a copy of these Conditions of Permits Approval with responses to conditions filled in indicating where on the plans and/or how the condition is satisfied. A copy of the Standard Public Works Conditions of Approval shall also be submitted which has been marked up to indicate where on the plans and/or how the condition is satisfied. The notations shall clearly indicate how all Conditions of Approval and Standard Public Works Conditions of Approval will be complied with. Improvement plans will not be accepted without the annotated conditions and standards attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participating non-City agencies. 18. Conditions of Related Project Approvals. The PL, PW Ongoing Applicant/Developer shall comply with all conditions of approval of the related San Ramon Road Specific Plan Amendment and Planned Development (PD) District Rezone for the PA 98-038 Rite Aid/KinderCare project. 19. Nnmber of students. The day care center shall have a maximum PL, B Ongoing enrollment of 180 children. 20. Drop-off and pick-up of students. The KinderCare Applicant shall PL Ongoing be responsible for escorting each student from the drop-off and pick- up area to and from the school. 21. Hours of operation. Hours of operation for the school shall be from PL Ongoing 6:15 a.m. to 6:15 p.m. Monday through Friday. 22. Noise/Nuisances. The KinderCare Applicant shall control all project PL, PO Ongoing related activities and noise in the parking lot and playground so as not to create a nuisance to the adjacent residential community and the existing or surrounding businesses. No loudspeakers or amplified music shall be permitted to project or be placed outside of the building. 23. Maintenance. The KinderCare Applicant shall be responsible for PL Ongoing cleaning up and disposing of day care facility generated trash and litter on-site and off-site within the neighborhood. 24. Parking Requirement Exemption. The KinderCare Applicant shall PL, PW Ongoing provide a minimum of twenty (20) parking spaces for the day care facility, which is a reduction in the number of required off-street parking spaces under the Zoning Ordinance. The proposed number of parking spaces is sufficient based on the traffic and parking study completed by TJKM Transportation Consultants dated January 25, 1999. Any overflow parking will not impact the adjacent Rite Aid drug store use, or any other adjacent uses. The Applicant shall dedicate parking spaces along the front of the day care facility for drop-off and pick-up of students. These parking spaces shall be identified by markings on the pavement and other signage subject to the review and approval of the Community Development Director and Public Works Director. 25. Noise/Nuisances. Loudspeakers used for the drive through PL Ongoing pharmacy service window shall observe a noise level which reflects the minimum functional volume. The speaker noise level shall not be discernible beyond the property lines, in particular, the adjacent residential neighborhood. No amplified music shall be permitted outside the enclosed building. The Applicant shall control all other project related activities on the site so as not to create a nuisance to the adjacent residential community and the existing or surrounding businesses. 26. Re-Lease of Rite Aid Tenant Space. Prior to issuance of building PL Prior to permits for the Rite Aid project, the Rite Aid Corporation shall issuance of provide the Community Development Director verification that the Building existing Rite Aid tenant space located at 7201 Regional Street has Permits been re-leased to a business whose use is consistent with the Downtown Specific Plan (i.e., retail and service commercial uses). 27. Delivery Truel~. Truck deliveries for the Rite Aid drug store shall PL Ongoing be prohibited between the hours of 9:00 p.m. and 7:00 a.m. 28. Utility Siting Plan. The Applicant/Developer shall provide a Utility PW, PL Prior to Siting Plan showing that transformers and service boxes are placed issuance of outside of public view where possible and/or screened to the Grading satisfaction of the Community Development Director and Public Permits ! Works Director. 29. Roof equipment screening. All roof equipment shall be completely PL Prior to screened from view by a parapet. Equipment not screened by a issuance of parapet shall be screened by materials architecturally compatible Building with the building, as approved by the Community Development Permits Director. 30. Trash Enclosures. A trash bin enclosure shall be 10 feet by 12 feet PL, B, Prior to in size for a single bin and 10 feet by 18 feet in size for two bins. LDD issuance of Bins shall not be larger than 4 yards in capacity. A 10 foot deep Building concrete apron shall be installed in front of the entire width of the Permits enclosure. The enclosure shall have a 6 inch by 6 inch curb on the inside of the enclosure wall to protect the walls of the enclosure from the bins. The enclosure shall be built of concrete block or equivalent and shall have metal doors. Chain link doors are not permitted. The doors must be designed so that they can be locked closed and can also be held open with pin locks during loading. Trash bin enclosures shall be finished so that they are architecturally compatible with the related main structure. Trash bin enclosures shall be properly maintained and free of graffiti. All trash bins used for this site shall be maintained within the trash bin enclosure(s) at all times. The container shall be covered and shall meet the requirements of the County Health Code, the Dublin San Ramon Services District and the National Pollution Discharge Elimination System. The final location of the trash enclosures shall be determined prior to submittal of building plans subject to the review and approval of the City Planning Department, Public Works Department and the Livermore Dublin Disposal Service. 31. State Title 24 Requirements/Sidewalk/Handicap Ramps. The PW Prior to Applicant/Developer shall construct a sidewalk access from Amador issuance of Building Valley Boulevard/San Ramon Road to the Rite Aid building in order Permits and to comply with the current State Title 24 requirements. All handicap Completion of ramps shall comply with all current State Title 24 requirements and Improvements City of Dublin Standards. All concrete islands with direct access to the pedestrian walkway shall be constructed with handicap ramps. 32. State Title 24 Requirements for Playground Facility. The B, PL Prior to KinderCare Applicant shall construct the playground area and all issuance of playground facilities in compliance with State Title 24 Requirements Building for handicapped accessibility. Permits 33. Easements. The Applicant/Developer shall record reciprocal PW Prior to easements for required common facilities, which may include, but not issuance of be limited to, parking, and trash enclosures, ingress/egress, common Grading driveway, storm drain, sanitary sewer, water and joint trench. Permits 34. Bus Stop Pullout and Shelter. The ApplicanffDeveloper shall PW, Prior to construct a bus pullout, concrete pad, passenger bus shelter and trash LAVTA issuance of receptacle along San Ramon Road in front of the project site as Building 7 required by the Livermore-Amatt, Valley Transit Authority Permits (LAVTA) and the City Department of Public Works. The bus stop and shelter shall be subject to the review and approval by LAVTA and the City of Dublin Public Works Director. 35. Bicycle Racks. The ApplicanffDeveloper shall be required to install PL Prior to one bicycle rack for each 20 parking spaces. Bicycle racks shall be issuance of designed to provide a minimum of 4 bicycle spaces in each rack, and Building shall be designed so that a bicycle can be secured to the rack. The Permits location of the bicycle rack shall not encroach into the sidewalk which would reduce the unencumbered width of the sidewalk to less than 4 feet. Bicycle racks shall be placed in a location where they shall have adequate lighting and can be surveilled by the occupants. 36. Repair of Damages. Applicant/Developer shall repair all damaged PL Prior to existing street, curb, gutter and sidewalk along San Ramon Road and issuance of Amador Valley Boulevard as a result of construction activities to the Occupancy satisfaction of the Director of Public Works. permit 37. Parking. All parking shall conform to the plans shown on Exhibit C- PL Prior to 1. The handicapped parking stall located within the parking aisle Issuance of adjacent to, and west of, the Rite Aid building is not necessary and Building shall be eliminated. Public parking spaces shall be double-striped Permits 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. 38. Trellises and Tile Inserts. The Rite Aid ApplicanffDeveloper shall PL Prior to install trellises along the northern and western building elevations, issuance of These trellises shall be comprises of a metal tube grid and attached to Building the wall above the split fact concrete masonry unit. The trellis grids Permits shall be no greater than 18 inch squares, and shall include landscaping. The eastern and southern building trellises shall also include landscaping. All tile inserts located along all sides of the building shall be larger to the review and approval of the Community Development Director. 39. KinderCare - Block Wall. In order to mitigate potential noise PL, B Prior to impacts, the KinderCare ApplicanffDeveloper shall extend the concrete issuance of block wall along the western project property boundary between Building KinderCare and the Kildara residential community an additional 2 feet Permits so that the total height of the block wall when measured from the Kinde~Care site is 8-feet high. 40. Dedication and Improvement of Amador Valley Boulevard. PW Prior to Applicant/Developer shall dedicate to the City of Dublin the road issuance of labeled as Amador Valley Boulevard (from San Ramon Road to the Occupancy westerly end of the most westerly commercial driveway) for public Permit street purposes (61' wide right of way) and shall improve the street to commercial street standards with a width of 48' curb to curb, with a 5' wide sidewalk along the north side of the street. The dedication shall be in a manner as to allow for the 48' paved curb to curb section, plus a 5' sidewalk on bo, .ides of the street and an additional 3' wide right of way on the north side. Applicant/Developer shall dedicate to the City of Dublin the road labeled as Amador Valley Boulevard (from the westerly end of the most westerly commercial driveway to the westerly property line) for public street purposes (48' wide right of way) and shall improve the street to residential street standards with a width of 36' curb to curb, with a 5' wide sidewalk along the north side of the street. The dedication shall be in a manner as to allow for the 36' paved curb to curb section, plus a 5' sidewalk on both sides of the street and an additional 2' wide right of way on the north side. Parking shall not be permitted on either side of the street. Said dedications shall be to the satisfaction of the Public Works Director. 41. Construction of Off-Site Improvements. The Applicant/Developer PW Prior to shall construct improvements, which shall include, but are not Occupancy limited to, curbs, gutters, 5' wide sidewalks, striping and pavement within the new proposed Amador Valley Boulevard right-of-way to the satisfaction of the Public Works Director. Applicant]Developer shall construct a slurry seal over entire width of Amador Valley Boulevard for the length of the project and to the satisfaction of the Director of Public Works. 42. Off-Site Improvement Plans. The ApplicanffDeveloper's Engineer PW Prior to shall prepare and submit improvement plans for review and approval Issuance of by the Director of Public Works. Said Improvement plans shall Building include, but is not limited to, plan and profile, storm drainage, utility, Permits striping and details for the project to the satisfaction of the Director of Public Works. The Applicant/Developer Engineer shall obtain the City of Dublin's Improvement Plan Checklist from the Public Works Department and shall address any and all items applicable to the project. Said checklist shall be a part of these conditions of approval. 43. ConstructionofOn-sitelmprovements. TheApplicant/Developer PW Priorto shall construct on-site improvements as shown on the site plan issuance of prepared by Tait & Associates, labeled Exhibit C-1, dated received Occupancy by the Planning Department 3-1-99, sheet 1, and stamped approved Permits and on file with the Planning Department. 44. On-Site Improvement Plans. The Applicant/Developer's Engineer PW Prior to shall prepare site improvement plans which shall be reviewed and Issuance of approved by the Director of Public Works. Said Improvement plans Building shall include, but are not limited to, plan and profile, storm drainage, Permits 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. 45. Abandonment of existing non-use easements. Applicant/Developer PW Prior to shall obtain the abandonment of all applicable existing easements Issuance of that are not currently being used on the proposed site to the Building satisfaction of the Director of Public Works. Permits 46. Right-of-Way Abandonment. The Applicant/Developer shall PW Prior to purchase from the City of Dublin what the City has deemed surplus Issuance of property which is shown and depicted on the site plan prepared by Building Tait & Associates, labeled Exhibit C-l, dated 3-1-99, sheet 1, and Permits stamped approved and on file with the Planning Department. Said purchase shall be based on a comparable sale of right-of-way to the noah of this project on San Ramon Road to the satisfaction of the Director of Public Works and City Manager. Applicant/Developer shall pay for all of the City's costs associated with the appraisal and vacation process. 47. Parcel Merger/Lot Line Adjustment. The ApplicantfDeveloper PW Prior to shall merge the existing parcels identified on the current assessor plat Issuance of as Assessor Parcel Numbers 941-40-2-3; 941-40-2-7; 941-40-2-10 Building and 941-40-3-2 through a lot line adjustment to facilitate two Permits separate parcels to a configuration acceptable to the Community Development Director and the Director of Public Works. Applicants for said merger and adjustments shall be obtained from the Public Works Department. The Applicant/Developer shall adhere to all State, County, and City requirements for said merger and adjustments to occur. ' 48. Public Service Easement Dedications. Applicant/Developer shall PW Prior to dedicate a 10 foot Public Service Easement (P.S.E.) along the existing Issuance of and proposed northerly right-of-way line of Amador Valley Boulevard Building to the satisfaction of the Director of Public Works. Permits Applicant/Developer shall dedicate a minimum 10 foot wide Public Service Easement over joint utility trench lines, storm drain lines to the satisfaction of the Director of Public Works. Applicant/Developer shall also provide Public Utility Easements per the requirements of the Director of Public Works and/or public utility companies as necessary to serve this area with utility services and allow for vehicular and utility service access. 49. Emergency Vehicle Access Easement Dedications. PW, F Prior to 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. 50. Installation of STOP signs and other traffic signs. PW Prior to Applicant/Developer shall install a STOP sign and a DO NOT ENTER lssuance of sign at both sides of the immediate access where the drive-through Occupancy traffic will be exiting and shall install a STOP sign for the westbound Permits traffic from the south travel way of the Rite Aid parking lot approaching the travel way that leads directly to the driveway on Amador Valley Boulevard. Applicant/Developer shall also install all Caltrans standard lane drop signing and markings on the west leg of San Ramon Road/Amador Valley Boulevard facing westbound traffic approaching the Rite Aid/Kinder Care access. Said signs and markings and any other required signs and markings shall be installed to the satisfaction of the Director of Public Works. l0 51. Access, Circulation and Parking. Applicant/Developer shall revise PW Prior to the onsite improvement plans to show a minimum 25' comer radius for issuance of the raised median to the right of the access where the drive-through Building traffic will be exiting, to the satisfaction of the Director of Public Permits Works. 52. Voluntary Contribution of Traffic Improvement Funds. As part PL, B, Prior to of the project, the Applicant/Developer shall voluntarily contribute ADM issuance of traffic improvement funds in the amount orS 129,880. Rite Aid's Building share of this fund is $ 72,216 and KinderCare's share is $ 57,664. Permits 53. Requirements. The ApplicanffDeveloper shall grade the project in PW Ongoing accordance with the Public Works Standard Conditions of Approval and State Regional Water Quality Control Board standards and details. 54. Geotechnical Investigation Report. Applicant/Developer shall PW Prior to prepare a Geotechnical Investigation report as required in the Public issuance of Works Standard Conditions of Approval. Grading Permit] Improvement Plans and during construction 55. Undergrounding. The Developer shall underground all utilities to the PW Prior to project unless specifically approved by the Director of Public Works. issuance of Grading Permit The Developer shall remove all existing overhead utilities within the /Improvement project and construct them underground. Plans 56. Joint Utility Trenches/Undergrounding/Utility Plans. PW Prior to Applicant/Developer shall construct all joint utility trenches (such as Occupancy electric, telephone, cable TV, and gas) in accordance with the appropriate utility jurisdiction. All communication vaults, electric transformers, cable TV boxes, blow-off valves and any appurtenant utility items thereto shall be underground and located behind the proposed sidewalk within the public service easement, unless otherwise approved by the Director of Public Works and any applicable agency. All conduit shall be under the sidewalk within the public right of way to allow for street tree planting. Utility plans, showing the location of all proposed utilities (including electrical vaults and underground transformers) behind the sidewalk shall be reviewed and approved by the Director of Public Works. Location of these items shall be shown on the Final 57. 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. 58. Zone 7. The Applicant/Developer shall comply with all Alameda PW, Zone Prior to County Flood Control and Water Conservation District - Zone 7 Flood 7 approval of Control requirements and applicable drainage fees. Improvement Plans 59. Zone 7 Monitoring Well. Prior to issuance of grading permits for the Zone 7 Prior to project, the Applicant/Developer shall either mark or preserve the issuance of existing Zone 7 monitoring well, or properly destroy the well in Grading accordance with a permit obtained from Zone 7 and replaced in kind at Permits a location approved by Zone 7. 60. Lighting Plan. The Applicant/Developer shall prepare a Lighting PW, PL, Prior to Plan and lsochart (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 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. 61. City of Dublin Non-Residential Security Requirements. All PO, B Prior to security hardware for Rite Aid and KinderCare must comply with the issuance of City of Dublin Non-Residential Security Requirements (obtained Building from the Planning Department). Security hardware must be provided Permits/ for all doors, windows, roof, vents, and skylights and any other areas Occupancy per Dublin Police Services recommendations and requirements. Permits 62. KinderCare Fencing. Fencing around the child care center shall be PO Prior to a minimum of 6' in height. The fence shall be constructed with issuance of materials that will deter individuals from climbing and scaling the Building fence. Permits 63. Robbery, Burglary, Theft Prevention and 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. 64. Graffiti. The owners of Rite Aid and KinderCare shall, at all 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. 65. Emergency Response Card. Rite Aid and KinderCare tenants shall PO Prior to complete a "Business Site Emergency Response Care" and deliver it to issuance of Police Services prior to occupancy. Occupancy Permit approval 66. ACFD Rules, Regulations and Standards. Applicant/Developer F Prior to shall comply with all Alameda County Fire Services (ACFD) rules, Issuance of regulations and standards, including minimum standards for Building emergency access roads and payment of all applicable fees, including Permits a City of Dublin Fire Impact Fees. 67. Fire Conditions. Developer shall comply with all conditions of the F Prior to ! Alameda County Fire Department (ACFD) as listed in the letter from Issuance of ACFD dated DATE, including: Building Permits a. Access and Water Sup;.~, An approved access and water supply sh~ oe Prior to the in place and operational, stockpiling of any combustible materials or commencem ent of combustible construction on the site b. Wildfire Management Plan. Structures that are within the Wildfire Prior to Management Plan area shall meet the requirements for construction, roof Issuance of covering and fire sprinkler installation. Landscape design plan shall meet Occupancy the requirements of the Wildfire Management Plan. Permits c. Drive Aisles. Final detailed layout and design of internal drive aisles shall be subject to review and approval by the ACFD and the Director of Public Works. d. Plan Review. Plans may be subject to revision following review. e. Fire Sprinklers. Automatic fire sprinklers shall be designed, installed and Prior to maintained to the specifications ofNFPA 13 & 25, 1996 edition. Plans and installation calculations shall be submitted to the fire prevention division for review and approval prior to installation. A permit for the system installation shall be completed and all fees paid prior to installation. f. Plans for Underground Sprinkler System, Plans shall be submitted for Prior to review and approval that include soils compaction, corrosivity and thrust installation block calculations. A Permit for the underground water supply for the fire sprinkler system shall be completed and all fees paid prior to installation. g. Fire Lane. A "Fire Lane" shall be designated and so marked along the north Prior to side of the properties and the main entry, issuance of Occupancy Permits h. Storage Area. The ApplicantJDeveloper shall provide details for the Prior to configuration of the storage area, including any racks with their height and installation type of materials that will be stored within the storage area. i. Address. The addresses for both the Rite Aid and KinderCare buildings shall Prior to be visible from the street and the addresses must be placed on the rear doors issuance of of the buildings. Occupancy Permits j. Portable Fire Extinguishers. Portable fire extinguishers shall be installed in Prior to accordance with the Uniform Building Code and/or the State Fire Code for issuance of the specific occupancy. Occupancy Permits k. Emergency Lighting. Emergency lighting shall be installed. Prior to issuance of Occupancy Permits 1. KNOX Box. To allow emergency access to the building, a KNOX box shall Prior to be installed at the main entries of the buildings, issuance of Occupancy Permits m. Existing Fire Hydrant. The existing fire hydrant shall be relocated to the Prior to east side of the Amador Valley Boulevard access, issuance of Occupancy Permits 13 n. KinderCare Alarm System. KinderCare shall install an alarm system that Prior to meets all the requirements of the building code and fire code for an E-3 installation occupancy. 68. Environmental Assessment. The Applicant/Developer shall conduct F, AC Prior to further environmental assessment of the on-site structure(s) regarding issuance of asbestos containing materials and/or lead painted surfaces. The Building purpose of this environmental assessment is to determine whether any Permits abatement and/or remediation of subsurface conditions of the existing site needs to take place. 69. Prior to issuance of any building permit, complete improvement plans DSR Prior to shall be submitted to DSRSD that conform to the requirements of the issuance of Dublin San Ramon Services District Code, the DSRSD "Standard Building Procedures, Specifications and Drawings for Design and Installation of Permits Water and Wastewater Facilities", all applicable DSRSD Master Plans and all DSRSD policies. 70. Domestic and fire protection waterline systems for Tracts or DSR Prior to Commercial Developments shall be designed to be looped or approval of interconnected to avoid dead end sections in accordance with Improvement requirements of the DSRSD Standard Specifications and sound Plans engineering practice. 71. Public water and sewer lines shall be located in public streets rather DSR Prior to than in off-street locations to the fullest extent possible. If approval of unavoidable, then public sewer or water easements must be Improvement established over the alignment of each public sewer or water line in Plans an off-street or private street location to provide access for future maintenance and/or replacement. 72. Prior to approval by the City of a Grading Permit, the locations and DSR Prior widths of all proposed easement dedications for water and sewer issuance of lines shall be submitted to DSRSD. Grading Permits 73. All easement dedications for DSRSD facilities shall be by separate DSR Prior to instrument irrevocably offered to DSRSD, or by offer of dedication issuance of on the Final Map. Grading Permits 74. Prior to issuance by the City of any Building Permit, all utility DSR Prior to connection fees, plan checking fees, inspection fees, permit fees and issuance of fees associated with a wastewater discharge permit shall be paid to Building DSRSD in accordance with the rates and schedules established in the Permits DSRSD Code. 14 75. Prior to issuance by the City of any Building Permit, all improvement DSR Prior to plans for DSRSD facilities shall be signed by the District Engineer. issuance of Each drawing of improvement plans shall contain a signature block Building for the District Engineer indicating approval of the sanitary sewer or Permits 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 signature by the District Engineer. 76. No sewer line or water line construction shall be permitted unless DSR Prior to the proper utility construction permit has been issued by DSRSD. A issuance of construction permit will only be issued after all of the items in Occupancy Condition No. 72 have been satisfied. Permits 77. The Applicant/Developer shall hold DSRSD, its Board of Directors, DSR Ongoing 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. 78. The project is located within the District Recycled Water Use Zone DSR Prior to (Ord. 280), which calls for installation of recycled water irrigation issuance of systems to allow for the future use of recycled water for approved Building landscape irrigation demands. Recycled water will be available in Permits the future, as described in the San Ramon Valley Recycled Water Facilities Plan, 1996. Unless specifically exempted by the District Engineer, compliance with Ordinance 280, as may be amended or superceded, is required. All irrigation facilities shall be subject to District review for compliance with District and California Dept. of Health Services Title 22 requirements for recycled water irrigation design. 79. Developer shall obtain a "will serve" letter prior to issuance of PW, DSR Prior to grading permit which states that the project can be served by issuance of DSRSD for water and sewer service prior to occupancy. Grading Permits 80. Construction Trash/Debris. Measures shall be taken to contain all PW, B Prior to construction related trash, debris, and materials on-site until disposal Construction 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. 81. Construction Fencing. The use of any temporary construction PW, B, PL Prior to fencing shall be subject to the review and approval of the Public Construction Works Director and the Building Official. 82. Final Landscape and Irrigation Plan. A Final Landscape and PL, PW Prior to Irrigation Plan prepared and stamped by a State licensed landscape issuance of architect or registered engineer, generally consistent with the Building preliminary landscape plan by Ronald J. Allison/Tait and Associates Permits (Rite Aid) and Majors 2M Engineering (KinderCare), dated received March 1, 1999 (see Exhibit C-1); ong with a cost estimate of the work and materials proposed, shall be submitted for review and approval by the Community Development Director. Landscape and irrigation plans shall provide for a recycled water system. 83. KinderCare - Additional Landscaping. Additional landscaping PL Prior to shall be required within the KinderCare parking lot, subject to the issuance of review and approval by the Community Development Director. The Building KinderCare Applicant shall work with Planning staff prior to Permits building plan submittal for compliance with this condition. This additional parking lot landscaping shall be shown on the Final Landscape and Irrigation Plan. 84. Rite Aid Corner Entry Landscaping. The paved comer area at Rite PL Prior to Aid's main building entry as shown on sheet 1 of 9 on Exhibit C-1, issuance of shall be landscaped with plantings and possibly a seat wall. The Building additional corner landscaping shall be subject to the review and Permits approval of the Community Development Director and shall be shown on the Final Landscape and Irrigation Plan. 85. Parking Lot Medians/Islands. All parking lot medians/islands shall PL, PW Prior to be landscaped and the landscaping shall be set back at least two (2) issuance of feet from the edge of the parking stalls so that vehicles do not impact Building the landscaping. Permits 86. Landscaping of Trash Enclosures. The Applicant/Developer shall PL Prior to provide a two (2) foot wide landscape planter along the rear and issuance of sides of the trash enclosures and shall install vines that will grow Building against the walls of the enclosure for screening purposes. Permits 87. Standard Plant Material, Irrigation and Maintenance PL Prior to Agreement. The Applicant/Developer shall complete and submit to issuance of the Dublin Planning Department the Standard Plant Material, Building Irrigation and Maintenance Agreement. Permits 88. Landscaping at Street/Drive Aisle Intersections. Landscaping at PW Prior to street and drive aisle intersections shall be such that sight distance is issuance of not obstructed. Except for trees, landscaping shall not he higher than Building 30 inches above the curb in these areas. Permits 89. Landscape Borders. All landscaped areas shall be bordered by a PL Prior to concrete curb that is at least 6 inches high and 6 inches wide. Curbs issuance of adjacent to parking spaces must be 12 inches wide. All landscaped Building areas shall be a minimum of 6 feet in width (curb to curb). Concrete Permits mow strips at least 6 inches deep and 4 inches wide shall be required to separate turf areas from shrub areas. 90. Maintenance of Landscape. All landscape areas on the site shall be PL Ongoing enhanced and properly maintained at all times. Any proposed or modified landscaping to the site, including the removal or replacement of trees, shall require prior review and written approval from the Community Development Director. 91. Water Efficient Landscaping Ordinance. The ' PL, PW Prior to Applicant/Developer shall submit written documentation to the issuance of Public Works Department (in the form of a Landscape Building Documentation Package and other required documents) that the Permits development conforms to the City's Water Efficient Landscaping Ordinance. 92. Landscaping and Street Trees. The Applicant/Developer shall PL, PW Completion of construct all landscaping within the site, along the project frontage Improvements from the face of curb to the site right-of-way, and all street trees proposed within the public servi~ ~asements, 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. 93. Retaining Walls. Where finish grade of this property is in excess of PL, PW Issuance of twenty-four (24) inches higher or lower than the abutting property or Occupancy adjacent lots within the project, a concrete or masonry block Permits retaining wall or other suitable solution acceptable to the Director of Public Works shall be required and shall be measured from the top of grade on the higher side of the retaining wall or slope. Landscaping shall be installed around all retaining walls in order to soften grade transitions to the satisfaction of the Director of Public Works and the Director of Community Development. 94. Master Sign Program. The Applicant/Developer shall apply for a PL Prior to Master Sign Program for the Rite Aid and KinderCare wall and issuance of freestanding signs, in compliance with the sign regulations of the Building Zoning Ordinance. When designing the building wall signs, the Permits for applicant/developer shall integrate all proposed signage with the signage architecture of the building, installation PASSED, APPROVED AND ADOPTED this 9th day of March, 1999. AYES: NOES: ABSTAIN: ABSENT: Cm. Jennings, Johnson, Hughes, and Musser Cm. Oravetz Planning Commission C~airperson ~ Community Development Director G:\pa98-038\cup sdr reso - PC