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HomeMy WebLinkAbout8.2 Attmt 2 Reso CUP/SDRRESOLUTION NO. 09 - XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT (CUP) FOR AN INDOOR RECREATION FACILI"fY AND FOR A MINOR AMENDMENT OF THE APPROVED PD DEVELOPMENT PLAN IN ACCORDANCE WITH CHAPTER 8.32.080 OF THE ('ITY OF DUBLIN ZONING ORDINANCE TO CHANGE THE: ALLOWABLE SQUARE FOOTAGE ON VILLAGE CENTER PARCEL 6 TO 82,864 SQ. FT. PROVIDED THE MAXIMUM ALLOWABLE SQUARE FOOTAGE FOR THE 23 ACRE VILLAGE CENTER AREA/PROMENADE .PROPERTY DOES NOT EXCEED 230,000 SQUARE FEET, AND SITE DEVELOPMENT REVIEW (SDR) FOR THE ESTABLISHMENT OF A CLUB SPORT FITNESS CENTER WITH ASSOCIATED SPA AND CAFE, ATWO-STORY RETA[L/OFFICE BUILDING, AFOUR- LEVEL PARHING GARAGE AND ASSOCIATED 6ITE AMENITIES ON A 3.72-ACRE SITE WITHIN AREA G OF DUBLIN RANCH PA 08-006 WHEREAS, the Applicant, James Tong and Mei Fong Tung, has requested approval of Site Development Review to develop Parcel 4 of proposed Vesting Tentative.Pazcel Map 9717, a 3.72-acre site within an area known as The Promenade, with three structures, as follows: a) C1ubSport - a two-story fitness center and day spa with cafe of approximately 47,669 square feet; b) Mercantile Building - a two-story commercial building of approximately 35,195 square feet proposed fog restaurant (7,190 square feet), retail, and office uses; and c) a four-level parking structure of 428 spaces; and WHEREAS, in accordance with the Dublin Zoning Ordinance, the requested uses are subject to approval by Conditional Use Permit(s) for the following: a) an indoor recreational/fitness facility, and b) a Development Plan Amendment to change the allowable square footage on Site VC6 to approximately 83,000 square feet as long as the overall squaze footage on the 23 acre Promenade Site does not exceed 230,000 square; and WHEREAS, the project is located within the Eastern Dublin Specific Plan area; and WHEREAS, a complete application was submitted and is available and on file in the Department of Community Development; and WHEREAS, the Applicant has submitted project plans and exterior elevations dated received on July 7, 2009, for Site Development Review and the requested Conditional Use Permit; and WHEREAS, on March 21, 2000, the City Council adopted Ordinance No. 06-00 approving PA 98- 069 for Area G of Dublin Ranch which established Planned Development (PD) zoning and a related Stage 1 and Stage 2 Development Plan for the project site as PD Village Center/Neighborhood Commercial; and WHEREAS, the Planning Canmission reviewed, considered and adopted a CEQA addendum to the Eastern Dublin EIR and 2000 Area G Mitigated Negative Declaration prior to taking action on the Conditional Use Permit and Site Development Review applications (Resolution XXX dated July 14, 2009 and incorporated herein by reference). ATTACHMENT2 WHEREAS, the Planning Commission did hold a public hearing on said applications on July 14, 2009, for this project; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted recommending tha. the Planning Commission approve a Site Development Review and the requested Conditional Use Permi[(s) subject to the findings contained herein; and WHEREAS, the Planning Commission did hear and use their independent judgment and considered the CEQA addendum and prior environmental documents, all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Planning Commission of the City of Dublin does hereby make the following findings and determinations regarding proposed Site Development Review. Site Development Review: A. Approval of the site layout, architectural design, landscaping, and public improvements is consistent with the purpose: and intent of Chapter 8.104, Sii e Development Review of the Dublin Zoning Ordinance and the Stage 2 Development Plan as buildings are fronting on to Grafton Street, parking is oriented toward the rear of the site, zll development standards have been complied with and the architectural character is in keeping with the approved design guidelines. B. The proposed Village Center/Neighborhood Commercial project proposed for Parcel 4, as conditioned, complies with the policies of the General Plan, the Eastern Dublin Specific Plan, The Community Design and Sustainability Element and the Plarmed Development Regulations for PA 98-069 and with all other requirements of the Dublin Zoning Ordinance in that it will create opportunities for the residents, and enhance the balance of obs and housing, as well as reduce or even eliminate vehicle trips and traffic congestion due to the close proximity of residential units. C. The Site Development Review, as proposed and conditioned, will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and general welfare because it serves as the first p}iase of the neighborhood commercial component planned for Dublin Ranch and will, therefore implement all of the needed infrastructure to support this development and provide the ability for future developments in the vicinity to tie into these major improvements as well as, meeting the Development Plan objectives of creating a local main street area, and implementing the adopted Architectural Design Standards for the Village Center of Area G. D. The approved site development, including site layout, structures, vehicular access, circulation and parking. setbacks, height, walls, public safety and similar e-ements, has been designed to provide a functional and attractive environment for the development that is appropriate to the City, vicinity, surrounding properties and the subject lot and implements the Village Center concept established in the 2000 approvals and the PD zoning. z E. The subject site is physically suitable for the type and i~rtensity of the proposed commercial development because site dimensions will accommodate the proposed structures and uses, the site is relatively flat and is not subject to physical or topographic constraints. F. The proposed project will not impact views because it conlorms with the Eastern Dublin Scenic Corridor Policies and Standards. G. 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, exterior lighting, and similar elements have been incorporated into the project, and as conditions of approval, in order to insure compatibility of this development with the development's design concept or theme and the character of adjacent buildings within and adjacent to the Village Center of Area G as a whole. H. 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. I. The development has been adequately designed for proper circulation for bicyclists, pedestrians and automobiles by providing paseos and coordination with the north-south trail to allow and encourage connectivity between the buildings and the adjacent existing and planned residential uses. The proposed drive aisle provides reasonable access within and to and from the site that also coordinates with bicycle and pedestrian circulation. BE IT FURTHER RESOLVED THAT THE Planning Commission of the City of Dublin does hereby make the following findings and determinations regarding requested Conditional Use Permit: Conditional Use Permit: A. The requested Conditional Use Permit for the fitness/recn;ation facility and Development Plan Amendment is compatible with surrounding and adjacent uses, transportation and service facilities in that it contributes toward creating a local main street area for the nearby residential uses developed within Dublin Ranch and the Eastern Dublin Specific Plan area and consistent with the Village Center concept established in the PD zoning. The development will visually enhance the architecture, provide continuity with new and nearby commercial projects, and provide general quality of services and diversity of uses for the nearby residential development. B. The requested Conditional. Use Permit for a Development Plan Amendment is compatible with the surrounding and adjacent uses in that the maximum allowable development square footage for the overall 23 acre Promenade property will not exceed 230,000 square feet C. The requested Conditional Use Permit will not adversely affect the health or safety of persons residing or working in the vicinity or be detrimental to the public health, safety, and welfare because the proposed development and requested conditional uses generally conform to the Village Center standards established for Area G of Dublin l:anch. D. The requested Conditional Use Permit will not be injurious to property or improvements in the neighborhood in that it will create opportunities for the residents, and enhance the balance of jobs and housing, as well as reduce or even eliminate vehicle trips and traffic congestion due to the 3 close proximity of residential units. The design and improvement of the development are complementary to existing and planned surrounding uaes and will contribute towards an attractive, efficient Village Center. E. There are adequate provisions for public access, water. sanitation and public utilities, and services to ensure that the proposed development and the requested conditional uses would not be detrimental to the public; health, safety and welfare because roads and facilities will be constructed to serve this project. The development will be accessible from public roads and served by public water, sewer, drainage and other facilities. F. The requested conditional uses would be physically suitable for the type, density, and intensity of the uses and proposed structures because the site dimensions will accommodate the proposed structures and uses, the site is relatively flat and is not subject to physical or topographic constraints.. G. The requested Conditional Use Permits will not be contrary to the specific intent clauses, development regulations, or performance standards established for the Zoning District PA 98-069 and the adopted Architectural Design Standards because the project provides commercial uses complementary to existing and planned residential development, and provisions have been applied by the project applicant to provide a safe and attractive indoor fitness facility and to assure that the maximum density of 230,000 square fret of development on the 23 acre Promenade Site is not exceeded. H. The requested Conditional Use Permit will be consistent with Neighborhood Commercial land use designations of the General Plan and Eastern Dublin Specific Plan because it is a commercial use and the maximum development of the overall 23 acre Promenade Site will not exceed the 230,00() square feet allowed. I. The proposed minor amendment to the 2000 Development Plan substantially complies with and does not materially change; the provisions or intent of the adopted PD zoning of the site because the amendment maintains the 230,000 sq. ft. cap on commercial development and thus does not increase the amount of commercial density anticipated for the Village Center area. The amendment allows the potential for reasonable future commercial development on the remaining Village Center sites and does not change the type of uses anticipated for the area. BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin does hereby approve the Site Development Review for the project comprised of the 2-story Mercantile Building, the 2- story Club Sport Building and the 4-level parking garage proposed for the 3.72-acre site known as VC6 (future Parcel 4 of Vesting Tentative P,rrcel Map 9717) of The Promenade Village Center commercial project with Area G of Dublin Ranch and for the requested Conditional Use Permit for a private recreation fitness facility and Development Plan Amendment, as shown on plans prepare3 by Mackay & Somps, Dahlin group and R3 Studios dated received July 7, 2009, subject to the conditions included below. a 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 Plannin>; Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval [PL.I Planning, IBl Building, [PO] Folice, 1PWl Public Works fADMI Administration/City Attorney, IFINI Finance, [~ Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [COl Alameda County Department of Environmental Health, [Z7] Zone 7. NO. CONDITION TEXT RESPON, WHEN AGENCY/ REQUIRED DEPART. GENERAL CONDITIONS 1, Parcel Map 9717 Conditions of Approval. All firture PW,PL Prior to the Conditions of Approval for Tentative Parcel Map 9717 once issuance of approved are included in the Conditions of Approvals for this building SDR. In the event of a conflict between Tentative Parcel Map permits 9717 and these SDR Conditions of Approval, the Parcel Map 9717 Conditions of Approval shall prevail. The Final Map ahall be recorded rior to the issuance of building permits 2. Sidewalk Improvements. The Applicant/Developer ahall PW occupancy construct the sidewalk improvements along the Finnian `Nay, Grafon Street, and Dublin Boulevard frontages. 3, Sidewalk Cross Slope. The sidewalks within the Sidewalk PW Improvement Easements shall have a typical 2.0% cross slope. The cross slope plans may vary to 1.5% if needed to meet accessibility requirements at occupancy the doorways. If no other practical design solutions are available the City Engineer may approve a cross slope less than 1S`% to meet accessibility requirements. However, in no condition ;hall the cross slo e exceed 2.0% or be less than 1.0%. see 3 4, Driveway Design: Both entrances to the parking lot shall be a PW Improvement modified driveway type entrance with curb radius where the curb plans height varies to zero at the sidewalk, the gutter continues across occupancy the driveway, the driveway is concrete to the back of sidewalk, the sidewalk profile is maintained and the sidewalk cross slo.~e is 2%. 5. Street Trees. The Developer shall install the street trees on the Pw Improvement frontages on both sides of Grafton Street and Finnian Way that plans are dedicated with Parcel Map 9717. occu anc (, Trail Improvements. If not completed by others, the Developer PW Improvement shall landscape and constru<t the pathway between Finnian Way plans and Dublin Boulevard alon the eastern boundary of Parcel 4. occu anc 7, Parking Garage. The Parking garage shall meet the following PW Improvement requirements: plans • The parking stalls should be a minimum 9 feet wide and 20.0 occupancy feet deep as shown on the SDR exhibits. All parking stalls next to walls or columns that would interfere with opening the parked car doors shall contain two additional feet width. • All parking stalls next to columns that are within two feet of the edge of the drive aisle; shall contain two additional fee . width. • The driveway aisle shall be a minimum 24 Feet wide. • Parking stalls at 90 degrees to one another should be two feet wider. NO. CONDITION TEXT RESPON. WHEN AGENCY/ REQUIRED DEPART. • There should be no obstruction within azea 24 feet in bacb. of a pazking stall. • All parking stalls shall be delineated with a double strip per the City standard drawings. • Minor exceptions to the above dimensions as shown orc the SDR exhibits are approvad. g Grading/Sitework Permit. Developer shall obtain a PW Grading , Grading/Sitework Permit from the Public Works Department for permits all private grading and site improvements including those within the Sidewalk Easement and the Dublin Boulevazd Right of `Nay. The Developer shall provide performance security to guarantee the frontage improvements within the Sidewalk Easement an~i the Dublin Boulevard Ri ht of Way. 9, Pedestrian Traffic During Construction. The unimproved area PW During within the Dublin Boulevard right of way behind the side,valk construction shall be kept open at all times for pedestrian traffic dtu'ing construction until the pathway between Finnian Way and Dublin Boulevazd along the eastern boundary of Pazcel 4 and the temporary walkway along the northern frontage of Finnian Way includin * Parcel A is o en to pedestrian traffic. 10. Covenants, Conditions & Restrictions. A Property Owners PW Prior to the Association shall be formed by recordation of a declaration of recordation of Covenants, Conditions & Restrictions to govern use and the final map maintenance of common areas and facilities. Said declazation shall set forth the Association name, bylaws, rules, and regulations. The CC&Rs shall ensure that there are adec uate provisions for the maintenance, in good repair and on a re};ular basis, the landscaping, drainage, lighting, signs, pavement and other improvements within the Sidewalk Easement and public right of way. The Applicant'Developer shall submit a copy of the CC&R documents to the City for review and approval pursuant this condition. 11. Storm Water Treatment Measures Maintenance Agreement. rw On-going Applicant/Developer shall enter into an agreement with the City of Dublin that guarantees the perpetual maintenance obligation for all storm water treatment measures installed as part o1' the project. Said agreement is required pursuant to Provision C.:;.e.ii of RWQCB Order R2-2003-0021 for the issuance of the Alarieda Countywide NPDES municipal storm water permit. Said permit requires the City to provide verification and assurance that all treatment devices will be properly operated and maintained. PTJBLI C WORKS 4TANDARD CONDITIONS OF'AI'PROVAL 12. In the event that there needs to be clarification to these Conditions Pw [P1,] on-going of Approval, the City Engineer or Community Development Director has the authority to clarify the intent of these Conditions of Approval to the Developer without going to a public hearing. The City Engineer or Community Development Director also has the authority to make minor modifications to these condi~.ions without going to a public hearing in order for the Applicant/Developer to fulfill needed improvements or miti ations resultin from impacts of this project. NO. CONDITION TEXT RESPON. WHEN AGENCY/ REQUIRED DEPART. 13. The Applicant/Developer shall defend, indemnify, and hold On-going harmless the City of Dublin and its agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to attack, set wide, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City related to this project to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that the Applicant/Develo oer's duty to so defend, indemnify, and hold harmless shall be suhject to the City's promptly notifying the Applicant/Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. 14. Applicant/Developer shall obtain an Encroachment Permit from PW Prior to the Public Works Department for all construction activity wthin working the public right-of--way of arty street where the City has accepted within the the improvements. At the discretion of the City Engineer an public right of encroachment permit for work specifically included in an way Ira rovement A reement ma not be re uired. 15. All public improvements to be constructed to City standards and rw on-going the satisfaction of the Ci Engineer. 16. Applicant/Developer shall provide the Public Works Departrent Pw In a digital vectorized file of the "master" files for the project when conjunction the Final Map has been approved. The digital vectorized files with the shall be in AutoCAD 14 or higher drawing format. Drawing traits recordation of shall be decimal with the precision of the Final Map. All ob ects the Final Map and entities in layers shall be colored by layer and named in English. All submitted drawings shall use the Global Coordinate System of USA, California, NAD 83 California State Plane, gone III, and U.S. foot. 17, Applicant/Prior to any clearing or grading, the Developer :;hall PW Prior to the provide the City evidence that a Notice of Intent (NOI) has been issuance of sent to the California State Water Resources Control Board per grading the requirements of the NPDES. A copy of the Storm Rater permits Pollution Prevention Plan (SWPPP) shall be provided to the Public Works Department and be kept at the construction site. The Developer is responsible for ensuring that all contractors implement all storm water pollution prevention measures it the SWPPP. lg, The Applicant/Developer will be responsible for submittals and Pw Prior to the reviews to obtain the approvals of all participating non-City recordation of agencies. The Alameda County Fire Department and the Dt blin the final map San Ramon Services District shall approve and sign the Ira rovement Plans. 19. Fire/Emergeney Access. The Applicant/Developer shall Pw In conjunction dedicate and improve Emergency Vehicle Access Easements with (EAVE) and provide adequate access for fire and emergency recordation of vehicles per Alameda County Fire Department (ACFD) standard the final map, requirements through the site. Driveways and drive aisles shall be or by separate designed for fire truck and other emergency vehicles to instrument and conveniently pass through (20-foot minimum lane width) the :;ite prior to the and have access to all buildings. The Applicant/Developer shall issueance of construct ade uate access for fire and other emergency vehicles Gradin and NO. CONDITION TEXT RESPON. WHEN AGENCY/ REQUIRED DEPART. per Alameda County Fire Department (ACFD) standard Building requirements. Detailed final layout and design of site entrance, Permits exits and internal drive aisles must be approved by the ACFD and the Director of Public Works prior to issuance of grading and buildin ermit. 20, Storm Drain Easement, Water Easement, Sewer Easement, PW to conjunction Common Area Easement, Ingress/Egress and Access with the Easement, Parking Easement, Emergency Vehicle Access recordation of Easement, Pedestrian Access Easement and Public Service the final map Easement Dedications. The ApplicanUDeveloper shall grant or dedicate Storm Drain Easement, Water Easement, Sewer Easement, Cable TV, Telephone and Electrical Setvice Easements, Common Area Easement, Ingress/Egress and Access Easement, Parking Easement, Emergency Vehicle Access Easement, Pedestrian Access Easement and Public Setvice Easements over each parcel in favor of the other parcels located within this project and/or the appropriate public agenc~~ as deemed necessary by the Director of Public Works. The Applicant/Developer shall prepare CC&Rs to reflect these easements and the CC&Rs shall be reviewed and approved b.~ the Director of Public Works. 21. Public Utility Construction. ApplicanUDeveloper shall Pw occupancy construct all water, reclaimed water, gas, electric, telephone, sewer, cable TV, storm drainage per requirements of the Director of Public Works and/or public utility companies as necessary to serve parcels shown on this Tentative Map and future adjacent parcels with utility services and allow for vehicular and utility service access to those utilities. ApplicantDeveloper :;hall dedicate a minimum 10-foot wide Public Service Easement (1'SE) over joint utility trench lines to the satisfaction of the Director of Public Works and the a ro riate utility. 22, Abandonment of Easements and Right of Rays. PW t^conjunction Applicant/Developer or current landowner shall obtain an with the abandonment from all applicable public agencies of existing recordation of utilities, easements and ri ht-of-wa snot to be continued in use. the final ma T AF FI & PA K NG 23. Traffic Signs & Pavement Markings. All traffic signs and PW occupancy pavement markings shall be installed as required by the City En ineer 24, Parking. Parking spaces along the public streets shall be PW occupancy indicated with "tic" marks. "Fhe pop-outs shall be adjusted so that the curb length between pop-outs contains a whole number of arkin s aces. 25. Parking Restrictions: Parking along the public streets shall be PW occupancy limited to two hours. 26. Developer shall obtain aGrading / Sitework Permit from the Pw Grading Public Works Department for all private grading and site Permit improvements including the private sidewalks. 27. Fees. Applicant/Developer shall pay all applicable fees in effect a~ the PW Prior to time of building permit issuance, including, but not limited to, Plar Wing issuance of fees, Building fees, Dublin San Ramon Services District Fees, Pub is Building Facilities Fees, Dublin Unified School District School Impact fees, Permits Ci Traffic Im act fees, Ci Fire Impact fees; Noise Mitigation fees, NO. CONllITION TEXT RESPON. WHEN AGENCY/ REQUIRED DEPART. Inclusionary Housing In-Lieu fees; Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; and any other fees as noted in the Development Agreement. Unissued building permits subsequent to new or revised fees shall be subject to recalculation and assessment of the fair share of the new or revised fees. Zg, Required Permits. Applicant/Developer shall comply with the PW Prior to City of Dublin Zoning Ordinance and obtain all necessary permits issuance of required by other agencies (Alameda County Flood Control Building District Zone 7, California Department of Fish and Game, Arrny Permits Corps of engineers, Regional Water Quality Control Board, State Water Quality Control Board, Etc.) and shall submit copies of the errnits to the De artment of Public Works. Z9, Building Codes and Ordinances. All project construction ;hall B Through conform to all applicable building codes and ordinances in effect completion of at the time of issuance of a building permit. construction 30. Requirements. The Applicant/Developer shall meet all PW Prior to requirements of the approved Tentative Parcel Map for the project recordation of prior to City Council acceptance of offers of dedication and final map recordation of the Parcel Ma ~. 31. Action Programs/Mitigation Measures. Applicant/Developer PL Prior to shall comply with all applicable action programs and mitigation issuance of measures of the Eastern Dublin Specific Plan Final improvement Environmental Impact Report (EIR) and addendum's that have plans not been made specific Conditions of Approval, which are in effect at the time of issuance of Improvement Plans. 32, .Joint Utility Trenches/Undergrounding/Utility Plans. Pw occupancy Applicant/Developer shall construct all joint utility trenches (~>uch as electric, telephone, cable TV, and gas) in accordance with the appropriate utility jurisdiction and City of Dublin Standard Flans and Specifications unless specifically approved by the Community Development Ltirector and Public Works Director. All communication vaults, electric transformers, and cable TV boxes shall be underground in designated landscape areas between the proposed sidewalk and back of curb. Utility Flans showing the location of all proposed utilities (including electrical vaults and underground transformers) shall be reviewed and approved by the Director of Public Works and Director of Community Development. Location of surface or aboveground items shall be shown on the Final Landscaping and Irrigation Plan, screened from view and approved by the Commtnity Develo ment Director. 33. Utility Undergrounding. All utilities shall be installed in Pw occupancy accordance with the criteria established in the "Standard Public Works Criteria." All utilities within the project and to each lot shall be underground in accordance with the City policies and existing ordinances unless otherwise approved by the Commtnity Development Director. All utilities shall be located and provided within public utility easements and sized to meet utility company standards. The existing overhead electrical line along the south and east side of the ro ert shall be laced under round. 34. Damage/Repairs. The Applicant/Developer shall repair all PW occupancy damaged existing streets, curbs, gutters and sidewalks as a vault of construction activities to the satisfaction of the Director of Public Works. NO. CONDITION TEXT RESPON. WHEN AGENCY/ REQUIRED DEPART. i~ TiT;D IN DEP RTMF.NT 35. Master Sign Program. A Master Sign Program shall be B,PL occupancy submitted to the City. The program shall include building. site and street si ns. 36. Fountain/Pools/Spas. Separate building permits shall be B Building obtained for all fountains, ools and/or spas. ermits 37. Plans shall show locations of roof access for the equipment B Prior to the installed on the roof tops. issuance of Building ermits 38. Due to site of building and type of construction, yard frontages B Prior to the may be required for the design. Plans shall indicate frontage issuance of increases proposed for review and approval by the building Building official. ermits 39, Building Codes and Ordinances. All project construction shall B Through conform to al( building code:; and ordinances in effect at the time completion of of buildin ermlt. construction 4p, Building Permits. To apply for building permits, B prior to Applicant/Developer shall submit eight (8) sets of construction Issuance of plans to the Building Division for plan check. Each set of plans Building shall have attached an annotated copy of these Conditions of Permits Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans will not be accepted without the annotated resolutions attaches to each set of plans. Applicant/Developer will be responsible fo- obtaining the approvals of all participation non-City agencies rior to the issuance of buildin ermits. 41. Construction Drawings. Construction plans shall be fully B Prior to dimensioned (including building elevations) accurately drawn Issuance of (depicting all existing and proposed conditions on site), and Building prepared and signed by a California licensed Architect or Permits Engineer. All structural calculations shall be prepared and signed by a California licensed Architect or Engineer. The site plan, landsca e Ian and details shall be consistent with each other. 42, Addressing. Address will be required on all doors leading to the B Prior to exterior of the building. Addresses shall be illuminated and be occupancy able to be seen from the street, 5 inches in height minimum. 43. Engineer Observation. They Engineer of record shall be retained B Prior to frame to provide observation services for all components of the lateral inspection and vertical design of the building, including nailing, hold-do~nms, straps, shear, roof diaphragm and structural frame of building. A written report shall be submitted to the City Inspector prior to schedulin the final frame ins ection. 44. Phased Occupancy Plan. Ii~occupancy is requested to occur in B Prior to phases, then all physical improvements within each phase sha l be occupancy of required to be completed prior to occupancy of any buildings any affected within that phase except for items specifically excluded in an building approved Phased Occupancy Plan, or minor handwork items, approved by the Department of Community Development. Tlie Phased Occupancy Plan shall be submitted to the Directors of Community Development and Public Works for review and approval a minimum of 45 days prior to the request for occup~mcy of an buildin covered b said Phased Occupancy Plan. Any to NO. CONDITION TEXT RESPON. WHEN AGENCY/ REQUIRED DEPART. phasing shall provide for adequate vehicular access to all parcels in each phase, and shall substantially conform to the intent an9 purpose of the subdivision approval. No individual building shall be occupied until the adjoining area is finished, safe, accessible, and provided with all reason,Ible expected services and amenities, and separated from remaining additional construction activity. Subject to approval of the Director of Community Developme;nt, the completion of landscaping may be deferred due to inclement weather with the posting of a bond for the value of the deferred landsca in and associated im rovements. 45. Air Conditioning Units. Air conditioning units and ventilation B Prior to ducts shall be screened from public view with materials occupancy compatible to the main building. Units shall be permanently installed on concrete pads or other non-movable materials approved by the Building Official and Director of Communit} Develo ment. 46. Temporary Fencing. Temporary Construction fencing shall be B Through installed along perimeter of all work under construction. completion of construction 4'7, Green Building Guidelines. To the extent practical the B Through applicant shall incorporate Green Building Measures. Green completion of Building plan shall be submitted to the Building Official for construction review. 4g, Cool Roofs. Flat roof areas shall have their roofing material B Through coated with light colored gravel or painted with light colored ur completion of reflective material desi ned for Cool Roofs. construction 49. Electronic File. The applicant/developer shall submit all B Prior to building drawings and specifications for this project in an Issuance of electronic format to the satisfaction of the Building Official prior Building to the issuance of building permits. Additionally, all revisions Permits made to the building plans during the project shall be incorporated into an "As Built" electronic file and submitted prior to the issuance of the final oceu anc . DUBL IN SAN RAMON SERVICES DISTRICT SRSD 50. Prior to issuance of any building permit, complete improvement DSR Prior to plans shall be submitted to DSRSD that conform to the Issuance of requirements of the Dublin San Ramon Services District Code, Building the DSRSD "Standard Procedures, Specifications and Drawings Permits for Design and Installation of Water and Wastewater Facilities," all a licable DSRSD Master Plans and all DSRSD policies. 51. All mains shall be sized to provide sufficient capacity to DSR occupancy accommodate future flow demands in addition to each development project's demattd. Layout and sizing of mains shall be in conformance with DSRSD utility master planning. 52. Sewers shall be designed to operate by gravity flow to DSRSD's DSR occupancy existing sanitary sewer system. Pumping of sewage is discouraged and may only be allowed under extreme circumstances following a case by case review with DSRSD staff. Any pumping station will require specific review and approval by DSRSD of preliminary design reports, design criteria, and final plans and specifications. DSRSD reserves the right to require payment of present worth 20 year maintenance costs as well as other conditions within a separate agreement with the appt cant for an ro~ect that re uires a pumping station. NO. CONDITION TEXT RESPON. WHEN AGENCY/ REQUIRED DEPART. 53. Domestic and fire protection waterline systems for Tracts or DSR occupancy Commercial Developments shall be designed to be loope3 or interconnected to avoid dead end sections in accordance with requirements of the DSRSD Standard Specifications and sound en ineerin ractice. 54. DSRSD policy requires public water and sewer lines to be located ASR occupancy in public streets rather than in off-street locations to the frllest extent possible. If unavoidable, then public sewer or water easements must be established over the alignment of each public sewer or water line in an oft=street or private street locaticn to rovide access for future maintenance and/or re lacement. 55. Prior to approval by the City of a grading permit or a site DSR Prior to development permit, the locations and widths of all proposed Issuance of easement dedications for water and sewer lines shall be submitted grading to and a roved b DSRSD. Permits 56. All easement dedications for DSRSD facilities shall be: by DSR Prior to separate instrument irrevocably offered to DSRSD or by offs of recordation of dedication on the Final Ma . Final Ma 57. Prior to approval by the City for Recordation, the Final Map shall DSR Prior to be submitted to and approved by DSRSD for easement locat ons, recordation of widths, and restrictions. Final Ma Sg Prior to issuance by the City of any Building Permit or DSR Prior to , Construction Permit by the Dublin San Ramon Services District, Issuance of whichever comes first, all utility connection fees including Building DSRSD and Zone 7, plan checking fees, inspection fees, Permits connection fees, and fees associated with a wastewater disctarge permit shall be paid to DSRSD in accordance with the rates and schedules established in the DSRSD Code. 59. Prior to issuance by the City of any Building Permit or DSR Prior to Construction Permit by the Dublin San Ramon Services District, tssuance of whichever comes first, all improvement plans for DSRSD Building facilities shall be signed by the District Engineer. Each drawing Permits of improvement plans shall contain a signature block fot the District Engineer indicating, approval of the sanitary sewer or water facilities shown. Prior to approval by the District Engineer, the applicant shall pay all required DSRSD fees, and provice an engineer's estimate of construction costs for the sewer and water systems, a performance bond, aone-year maintenance bond, t.nd a comprehensive general liability insurance policy in the amounts and forms that are acceptable to DSRSD. The applicant shall allow at least 15 working days for final improvement drawing review b •DSRSD before si ;nature b the District En ineer. 60. No sewer line or waterline construction shall be permitted wtless DSR Prior to the proper utility construction permit has been issued by DSI:SD. Issuance of A construction permit will only be issued after all of the itens in Building Condition No.59 and 60 have been satisfied. Permits 61. The Applicant/Developer shall hold DSRSD, its Board of DsR on-going Directors, commissions, employees, and agents of DSRSD harmless and indemnify and defend the same from any litigation, claims, or fines resulting from the construction and completion of the ro~ect. 62. Improvement plans shall include recycled water improvements as DSR Prior to required by DSRSD. Services for landscape irrigation shall issuance of connect to rec cled water mains. Applicant must obtain a co Construction tz NO. CONDITION TEXT RESPON. WHEN AGENCY/ REQUIRED DEPART. of the DSRSD Recycled Water Use Guidelines and conform to permits the re uirements therein. 63. A Backflow Prevention device to prevent back-siphoning of water DSR occupancy into the potable distribution main will be required on each commercial account er the District's s ecifications. 64. Construction by Applieant/Developer. All onsite potable and DSR occupancy recycled water and wastewater pipelines and facilities shall be constructed by the Applicant/Developer in accordance with all DSRSD master tans, standards, specifications and requirements. 65. DSRSD Water Facilities. Water facilities must be connected to occupancy the DSRSD or other approved water system, and must be installed at the expense of Applicant/Developer in accordance with District Standards and Specifications. All material and workmanship for water mains and appurtenances thereto must conform with all of the requirements of the officially adopted Water Code of the District and shall be subject to field inspection by the District. Applicant/Developer shall comply with all conditions of the a roved future Parcel Ma . 66. Approval from the Calif. Dept. of Health Services (DHS) is DSR occupancy required for connection of the on-site recycled system. Applicant/Developerrnust submit required documentation, including Recycled Water Connection Drawings, to District to allow fora royal b DHS. 67. Available recycled water pressures must be verified by the DSR occupancy a licant. ALAME DA COUNTY FIRE DEPARTMENT 6g, The project will need to comply with the applicable Building and F Prior to the Fire Codes. Site and Building plans shall be provided for re~~iew issuance of and approval by the fire department. Building Permits 69. Fire apparatus roadways shall have a minimum unobstructed F occupancy width of 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. Roadways under 36 feet wide shall be posted with signs or shall h;rve red curbs painted with labels on one side; roadways under 28 feet wide shall be posted with signs or shall have red curbs painted with labels on both sides oi'the street as follows: "NO STOPPING FIRE LANE - CVC 22500.1." 70, Fire Department access on Finnian and Grafton to meet required F occupancy length; Fire~paratus roadways must extend to within 150 ft. ~ the most remote first floor exterior wall of any building (CFC 2007, Section 503.1.1 . 71, Fire apparatus roadways in excess of 150 feet in length must P Prior to the make provisions for approved apparatus turnarounds. (CFC issuance of 2007, Sec. 503.2.5). Building Permits 72, Provide Public Safety radio repeater in parking garage. CFC 4.5 F occupancy & NFPA 1221 section 9.3.1.4 (see 5) 73, Provide wet standpipe to all levels of garage. CFC 90`.1.3.1 P occupancy 74. On sheet A-12 / 13, fabric canopy shall meet flame retardant F Prior to the standard. CBC 3105.4 issuance of Building Permits 13 NO. CONDITION TEXT RESPON. WHEN AGENCY/ REQUIRED DEPART. 75. On sheet A-19 / 20 / 25, elevator size to accommodate gurney. F Prior to the CBC 3002.4 issuance of Building Permits 76, On sheet A-22 pool equipment room and laundry to meet F Prior to the separation requirements. CFC 2703.8 issuance of Building Permits 77, On sheet A-25 storage in garage to meet separation requirements. F Prior to the CFC 2703.8 issuance of Building Permits 78. On sheet C-3 show fire line size and location for garage and F Prior to the retail. CFC 903.3.5 issuance of Building Permits 79, Remove colored circles showing radius of fire truck access & F Prior to the standpipe on sheet C-7. issuance of Building Permits g0, Relocate fire hydrant on Grafton adjacent retail -within F/d F Prior to the access path. CFC 503.2.1 issuance of Building Permits gl, Pavers used on fire department access roads to support 40,000 F occupancy ound wei ht load. CFC 503.2.3 see 14 82, New Fire Sprinkler System & Monitoring Requirements. In F Prior to the accordance with The Dublin Fire Code, fire sprtnklers shall be issuance of installed in the building. The system shall be in accordance with Building the NFPA 13, the Ca Fire Code and Ca Building Code. Plan: and Permits specifications showing detailed mechanical design, cut sheets, listing sheets and hydraulic calculations shall be submitted to the Fire Department for approval and permit prior to installation. This ma be a deferred submittal. 83. Sprinkler Plans. Applicant/Developer shall submit detailed F Prior to the mechanical drawings of all sprinkler modifications, includinl; cut issuance of sheets, listing sheets and calculations to the Fire Department for Building approval and permit prior to installation. All sprinkler system Permits components shall remain in compliance with the applicable N.F.P.A. 13 Standard, the CA Fire Code and the CA Building Code. Deferred Submittal Item g4, Underground Plans. Submit detailed shop drawings for the fire F Prior to the water supply system, including cut sheets, listing sheets and issuance of calculations to the Fire Department for approval and permit prior to Building installation. All underground and fire water supply system Permits components shall be in compliance with the applicable N.F.P.A. 13, 24, 20, 22 Standards, the Ca Fire Code and the CA Building Code. The system shall be hydrostatically tested and inspected prior to being covered. Prior to the system being connected to any fire protection system, a system flush shall be wttnessed by the Fire De artment. Deferred Submittal Item 85. Central Station Monitoring. Automatic fire extinguishing F Prior to the systems installed within buildings shall have all control valves issuance of and flow devices electrically supervised and maintained b an Buildin la NO. CONDITION TEXT RESPON. WHEN AGENCY/ REQUIRED DEPART. approved central alarm station. Zoning and annunciation of Permits and central station alatm signals shall be submitted to the Fire occupancy Department for approval. The central station monitoring service shall be either certificated or placarded as defined in N.F.P.A. Standard No. 72. Assure the specific account is UL Certificated or Placarded and not 'ust the monitoring station. 86. Monitoring System Plans. If it is necessary to install a fire F Prior to the alarm monitoring system or modify an existing system in order to issuance of obtain a Certiftcated or Placarded account, plans and Building specifications shall be submitted to the fire department for review Permits and a royal of the installation or modifications. g7, Fire sprinkler system shall have an audible alarm in each suite F occupancy served b the fires rinkler s stem. 2002 NFPA 13 section 6.9.1. gg, FD Gate Key Box /Switch (Manual Gates). Each manaally F occupancy operated gate that serves as a means of fire access shall have installed a Knox Key Box accessible from the entrance side of the gate. Where the locking method of the gate is by a chain a I<:nox padlock shall be installed on the chain. The key box door and necessary keys are to be provided to the fire inspector upon the final inspection. The inspector will then lock the keys into the box. CFC 506 89, Automatic Gates. All electrically controlled gates shall be F occupancy provided with an emergency gate over-ride key switch for fire de artment access. 90. Key Box/Switch Order Information. Key boxes and switches F occupancy may be ordered directly from the Knox Compan} at www.knoxbox.com 91. Site Plan. The site plan needs to show sufficient detail to reflect F Prior to an accurate and detailed layout of the site for review and record issuance of purposes. The site plan will need a scale that will allow sufficient Building details for review purposes and include, but not be limited to the permits and following: occupancy • The site parking and circulation layout including fences, gates, fire lane locations and turnarounds. • Location of all fire appliances including fire hydrants, fire connections, fire sprinkler risers, and fire control valves. • The location of all building openings including the exit discharge pathway for building exits. Note the location o1 exit lighting for these pathways as well. • The location of any overhead obstructions and their clearances. • The location of property lines and assumed property lines between buildings on the same property as well as any easements. 92, The site plan also will need to note the location and distance of F Prior to fire hydrants that are along the property frontage as well a, the issuance of closest hydrants to each side of the property that are located along Building the access roads that serves the property. In addition, the permits and improved face of curb to face of curb or edge of pavement width occupancy of the access road that serves the property will need to be noted. CFC A endix Cha ter 1 section 105.4 93. Deferred Submittals. Provide on the Title or Cover Sheet under Prior to the headin Deferred Submittals all of the deferred submittal Issuance of 15 NO. CONDITION TEXT RESPON. WHEN AGENCY/ REQUIRED DEPART. items. 2007 CFC 901.2 Building • Fire sprinkler Installation Permits • Fire monitorin s stem install 94. Fire Access. Access roads, turnarounds, pullouts, and fire F On-going operation areas are Fire Lanes and shall be maintained clear a d free of obstructions, includin the arkin of vehicles. 95. Entrances. Entrances to job sites shall not be blocked, including F on-going after hours, other than by approved gates/barriers that provide for emer enc access. 96. Site Utilities. Site utilities that would require the access road to on-going be dug up or made impassible shall be installed prior to combustible construction cornmencin . 97. Entrance flare, angle of departure, width, turning radii, grades, F Prior to turnaround, vertical clearances, road surface, bridges/cross mgs, Issuance of gates/key-switch, & within required 150-ft. distance to Fire T_ane Building shall be shown on final site Ian. Permits 9g, Personnel Access. Approved route to furthermost portion of F Prior to exterior wall. Route width, slope, surface, obstructions mu:,t be Issuance of considered. Building Permits 99. Fire access is required to be approved all-weather access. Show F Prior to on the plans the location of the all-weather access ar~d a issuance of description of the construction. Access road must be desi¢ned to Building su ort the im osed loads of fire a aratus. Permits 100. Gate Approvals. Fencing and gates that cross pedestrian access F Prior to and exit paths as well as vehicle entrance and exit roads need to Issuance of be approved for fire depan:ment access and egress as we 1 as Building exiting provisions where such is applicable. Plans need to be Permits submitted that clearly show the fencing and gates and details of such. This should be clearly incorporated as part of the site plan with details rovided as necessary. CFC 501.3 101. Addressing. Addressing shall be illuminated or in an illumir ated F Prior to area. The address characters shall be contrasting to their Issuance of backgroutd. If address is placed on glass, the numbers shall be on Building the exterior of the glass and a contrasting background placed Permits and behind the numbers. CFC 505 occu anc 102. Building Address. The building shall be provided with all P Prior to addresses or the assigned address range so as to be clearly visible Issuance of from either direction of travel on the street the address references. Building The address characters shall not be less than 5 inches in height by Permits and 1-inch stroke. Larger sizes may be necessary depending or the occupancy setbacks and visibilit .DMC' 7.08.040 103. Multi-Tenants. Where a building has multiple tenants, address F Prior to shall also be provided near the main entrance door of each tenant Issuance of space. The address shall be high enough on the building t~ be Building clearly visible from the driveway, street or parking area it laces Permits and even when vehicles are parked in front of the tenant space. The occupancy address shall not be less than 5-inches in height with a 'h-inch stroke. DMC 7.08.040 104. Rear Doors. The address shall also be provided on any rear F Prior to doors to the tenant space with minimum 5-inch high characters. Issuance of DMC 7.08.040 2007 CFC 408.11.2 Building Permits and occu anc ]6 NO. CONDITION TEXT RESPON. AGENCY/ DEPART. WHEN REQUIRED 105. Entrance Posting. Where the addressing on the building will not F Prior to be clearly visible from either direction of travel along the access Issuance of road the address references. Address posting shall also be Building provided at the entrance to the property. The address size shall be Permits and 5-inches high and should be on a reflective background. P~MC occupancy 7.08.040 106. Multiple Buildings. Where multiple buildings exist on the game F Prior to site, all buildings shall be distinctly identified and posted with Issuance of minimum 5-inch high letters so as to be visible from the main Building driveways. DMC 7.08.040 Permits and occu anc NO. CONDITION TEXT RESPON. WHEN AGENCY/ REQUIRED DEPART. CENFR Ai. IT . DF.V~i.OP1~iFNT RF.VIF.W CONDITIONS 10'7. Permit Expiration. Construction or use shall commence within P[. Ongoing one (1) year of Site development Review (SDR) approval, or the SDR shall lapse and become null and void. Commenceme ~t of construction or use means the actual construction or use pursuant to the permit approval, or, demonstrating substantial prop;ress toward commencing such construction or use. If there is a di: pute as to whether the SDR has expired, the City may hold a noticed public hearing to determine the matter. Such a determination may be processed concurrently with revocation proceeding:; in appropriate circumstances. If a Permit expires, a new application must be made and processed according to the requirements oi'this Ordinance. lpg, Time Extension. The original approving decision-maker nay, PL ongoing upon the Applicant's written request for an extension of 3DR approval prior to expiration, and upon the determination tha any Conditions of Approval remain adequate to assure that applic able findings of approval will continue to be met, grant a time extension of approval for a period not to exceed 6 months. All time extension requests shall be noticed and a public hearing or ublic meetin shall be held as required by the particular Perriit. 109. Revocation of permit. The permit shall be revocable for cause in Pi ongoing accordance with Chapter 8.96 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be sub'ect to citation. 110. Clean up. The Applicant/Developer shall be responsible for PL ongoing clean up and disposal of project related trash and for maintaining a clean, litter-free site. 111. Controlling Activities. The Applicant /Developer shall control Po, PL ongoing all activities on the project site so as not to create a nuisance to the surroundin businesses and residences. 112, Noise/Nuisances. No loudspeakers or amplified music shall be Po, PL Ongoing ermitted to ro'ect or be laced outside of the building. 113. Accessory Structures. The use of any accessory structures, such PL,B,F ongoing as storage sheds or trailer/container units used for storage or for any other purpose, shall not be allowed on the site at any time unless~a Temporary Use Permit is applied for and approved. 17 NO. CONDITION TEXT RESPON. WHEN AGENCY/ REQUIRED DEPART. 114. Requirements and Standard Conditions. The Various Prior to Applicant/Developer shall comply with applicable Alameda issuance of County Fire, Dublin Public Works Department, Dublin Building Building Department, Dublin Police Services, Alameda County F'.ood Permits Control District Zone 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental He31th, 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 agrncy or department to the Planning Department, indicating tha: all a licable conditions re uired have been or will be met. 115. Fire Codes and Ordinances. All project construction :,hall B 'through conform to all fire codes and ordinances in effect at the time of completion buildin ermits. 116. Traffic Control. During all phases of construction, two-way B, PC. Prior to traffic is to be maintained along the abutting roads. Any prop~~sed issuance of detouring or temporary signage and lane delineation along t rese Building roadways shall be approved in advance by the Director of Public Permits Works. 117. Occupancy Permit Requirements. Prior to issuance of an PW Prior to Occupancy Permit, the physical condition of the project site shall issuance of meet minimum health and safety standards and City requirements occupancy including, but not limited to the following: a. The streets and walkways providing access to each building shall be complete, as determined by the City Engineer/Public Works Director, to allow for safe, unobstructed pedestrian and vehicle access to anti from the site. b. All traffic control devices on streets providing access to the site shall be in place and fully functional. c. All street name signs and address numbers for streets providing access to the buildings shall be in place and visible. d. Lighting for the streets and site shall be adequate for safety and security. All streetlights on streets providing access t~ the buildings shall be energized and functioning. Exterior lighting shall be provided for building entrances/exits and pedestrian walkways. Security lighting shall be provided as required by Dublin Police. e. All construction equipment, materials, or on-going work shall be separated from the public by use of fencing, barricades, caution ribbon, or other means approved by the City Engineer/Public Works Director. £ All fire hydrants shall be operable and easily accessible to City and ACFD personnel. g. All site features designed to serve the disabled (i.e. H/C parking stalls, accessible walkways, signage) shall be installed and fully functional. h. As-Built or Record Drawings printed on mylar of all site im rovements shall be submitted to the Public Works IS NO. CONDITION TEXT RESPON. WHEN AGENCY/ REQUIRED DEPART. Department. i. A Declaration or Report from the Geotechnical Engineer of Record confirming that all grading work associated with the project had been performed in accordance with the Engineer's recommendations. 118. Utility Siting Plan. The Applicant/Developer shall provide a PW,PL Prior to final Utility Siting Plan showing that transformers and service issuance of boxes are placed outside of public view where possible and/or Grading screened to the satisfaction of the Community Development Permits Director and Public Works Director. Applicant/Developer shall place all utility infrastructure underground including electric, telecommunications, cable TV, and gas in accordance with standards enforced by the appropriate utility agency. Utility flans showing the location of all proposed utilities shall be reviewed and approved by the City Engineer/Public Works Director prior to installation. 119. Public Art. The Applicant/Developer has elected to and shall PL Prior to the acquire and install a public art project in accordance with Chapter issuance of 8.58 of the Dublin Municipal Code and shall comply with the Building Permits Public Art Compliance Report submitted by Applicant/Developer, dated December 2, 2008, and on file with the Planning Department. The value of the public art project is required to equal or exceed 0.5% of the building valuation (exclusive of land) for the project. The Building Official has determined that the total building valuation of the project (exclusive of lanc_) is $25,888,120.00. Therefore, Applicant/Developer is required to acquire and install a public; art project valued at a minimum amount of $129,440.60. The potential locations of the publi ~ art on the project site is shown on the Project Plans. Prior to first occupancy Applicant/Developer shall (a) secure completion o f the public art project, in a manner deemed satisfactory to the City Manager; and (b) execute an agreement between the City and Applicant/Developer that sets forth the ownership, maintenance responsibilities, and insurance coverage for the public art project. The public art project is subject to the approval of the City Council upon recommendation by the Heritage and Cultural Arts Commission. 120. Public Art Easement and Access Easement. PW Prior to the The Applicant/Developer shall reserve a site and provide a public issuance of art easement and an access easement to the City within the Building Permits development project for a fidure public art project in accordance with Dublin Munici al Code Section 8.58.050. 121. Allowable Restaurant Square Footage: Cafe and Ourioor P on-going eating and drinking area for the Club Sport Building is restricted to 2,644 square feet. Restaurant use in the Mercantile Building is restricted to 7,190 s uare feet. 122, Prevailing Wages. All public improvements constructed by PW on-going Developer and to be dedicated to the City are hereby identified as " ublic works" under Labor Code section ]771. Accordiu 1 , 19 NO. CONDITION TEXT RESPON. WHEN AGENCY/ REQUIRED DEPART. Developer, in constructing such improvements, shall comply with the Prevailing Wage Lav,~ (Labor Code, sects. 1720 and followin 123. Grading/Sitework Permit and Security. Pursuant to §7.16.620 PW Prior to of the Municipal Code, the Applicant shall obtain a issuance of Grading/Sitework Permit from the Public Works Department that Grading/ governs the installation of required site improvements. Said Sitework permit will be based on the final set of improvement plans t~ be Permit approved once all plan check comments have been resolved. Please refer to the handout titled Grading/Site Improvement Permit Application Instructions and attached application (three 8- 1/2" x 11" pages) for more information. The Applicant/Developer must fill in and return the applicant information contained on pages 2 and 3. The current cost o'the permit is $10.00 due at the time of permit issuance, although the Applicant/Developer will be responsible for any adopted increases to the fee amount. As a condition of issuance of said permit, Improvement Security shall be posted to guarantee the faithful performance of the permitted work. Such security ,hall be in the form of cash, a certified or cashier's check, a letter of credit, or a permit bond executed by the applicant and a corporate surety authorized to do business in California. The amount oFthe security will be based on the estimated cost of the site work (excluding the building). The applicant shall provide an estimate of these costs for Cit review with the first plan submittal. 124. Improvement Plans. The Applicant /Developer's Engineer :;hall PW Prior to prepare final improvement plans for review and approval b} the Issuance of Director of Public Works. Said Improvement plans shall be based Grading on the Site Plan and other preliminary plans in the applicant's Permits approved package dated received December 2, 2008, and include, but are not limited to, plan and profile, storm drainage, utlity, 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 On-Site Check List from the Public Works Department and shall address any and all i~ems applicable to the project. Said Check List shall be part of these conditions of a royal. 125. Emergency Vehicle Access Easement Dedications. PW, F In conjunction Applicant/Developer shall dedicate all needed emergency ve:~icle with the final access easements from each adjacent public street to all fire access map or by roads surrounding the site and buildings as defined by Alarzeda separate County Fire Department and to the satisfaction of the Director of instrument Public Works. prior to occu anc ACC'FS4 AND CIRCLH,ATION 126. Traffic Visibility/Line of Sight. All entrances and exits to the P Prior to site shall have a clear line of sight for cross traffic. Median i<_land issuance of signage, on-site monument signage, electrical transformer boxes, suilding trash enclosures, and landscaping shall not be situated as to Permits obstruct vehicular and pedestrian safety and visibility. The Director of Public Works and City of Dublin Traffic Engineer shall identify obstructions to on-site and off-site traffic visibility and may require relocation or redesign to remove such obstructions. 20 NO. CONDITION TEXT RESPON. WHEN AGENCY/ REQUIRED DEPART. AD ING AND DRAINAGE ' ' 127, Overland Storm Drain blow. To accommodate potential PW Prior to overland flow, the parking lot grading and on-site storm strain issuance of system shall be designed to convey storm water overland to the Grading site public street right-of--way without inundating the buildings iu the work Permit event the i e network becomes plugged. 12g, Erosion Control during Construction. ApplicanUDeveloper PW Prior to shall include an Erosion and Sediment Control Plan with the issuance of Grading and Improvement plans for review and approval by the Grading/Site City Engineer/Public Works Director. Said plan shall be work Permit designed, implemented, and continually maintained pursuant to the City's NPDES permit between October 15` and April 15`h or beyond these dates if dictated by rainy weather, or as otherwise directed b the Cit En ineer/Public Works Director. 129. Storm Water Treatment Measures Maintenance Agreement. PW Prior to Applicant/Developer shall enter into an agreement with the City issuance of of Dublin that guarantees the property owner's perpetual Occupancy maintenance obligation for all storm water treatment measures Permit installed as part of the project. Said agreement is required pursuant to Provision C.3.e.ii of RWQCB Order R2-2003-(1021 for the reissuance of the Alameda Countywide NPDES municipal storm water permit. Said permit requires the City to provide verification and assurance that all treatment devices will be ro erl o erated and maintained. 130. Construction Noise Management Program/Construction PW, PL On-going Impact Reduction Plan. Applicant/Developer shall conform to the following Construction Noise Management Program/Construction Impact Reduction Plan. The following measures shall be taken to reduce construction impacts: 1. Off-site truck traffic shall be routed as directly as practical. An Oversized Load Permit shall be obtained from the City prior to hauling of any oversized loads on City streets. Truck traffic shall be restricted to outside the peak traffic hours. 2. The construction site shall be watered at regular intervals during all grading activities. The frequency of watering should increase if wirtd speeds exceed 15 miles per hour. Watering should include all excavated and graded areas and material to be transported off-site. Construction equipment shall use recycled or other non-potable water resources where feasible. 3. Construction equipment shall not be left idling while not in use. 4. Construction equipment shall be fitted with noise muffing devices. 5. Mud and dust carried onto street surfaces by construction vehicles shall be c-eaned-up on a daily basis. 6. Excavation haul trucks shall use tarpaulins or other effective covers. 7. Upon completion of <;onstruction, measures shall be taken to reduce wind erosion. Replanting and repaving shorld 21 NO. CONDITION TEXT RESPON. WHEN AGENCY/ REQUIRED DEPART. be completed as soon as possible. 8. After grading is completed, fugitive dust on exposed sail surfaces shall be controlled using the following metho3s: a. Inactive portions of the construction site shall be seeded and watered until grass growth is evide ~t. b. All portions of the site shall be sufficiently watered to prevent dust. c. On-site vehicle speed shall be limited to 15 mxh. d. Use of petroleum-based palliatives shall meet the road oil requirements of the Air Quality District. Non-petrolewn based tackifiers may be required by the City Engineer/Public Works Director. 9. The Department of Public Works shall handle all dust complaints. The City Engineer/Public Works Director may require the services of an air quality consultant to advise the City on the severity of the dust problem anc additional ways to mitigate impact on residents, incluc ing temporarily halting project construction. Dust concerns in adjoining communities as well as the City of Dublin shall be addressed. Control measures shall be related to wind conditions. Air quality monitoring of PM levels shall be provided as required by the City Engineer/Public Worls Director. 10. Construction interference with regional non-project trt.ftlc shall be minimized bv: a. Scheduling receipt of construction materials to non-peak travel periods. b. Routing construction traffic through areas of least impact sensitivity. c. Routing construction traffic to minimize construction interference with regional non-project traffic movement. d. Limiting lane closures and detours to off-peak travel periods. e. Providing ride;-share incentives for contractor turd subcontractor personnel. 11. Emissions control of on-site equipment shall be minimized through a routine mandatory program of low- emissions tune-ups. ZONE 7 131. Zone 7. The Applicant/Developer shall comply with all Alazneda Pw, zone7 Prior to County Flood Control and Water Conservation District -Zone 7 approval of Flood Control requirements and applicable drainage fees. Improvement Plans SECU iTY AND POLICE 132, Non-Residential Security Requirements. The PO, B Ongoing Applicant/Developer shall comply with all applicable City of Dublin Non-Residential Security Ordinance requirements. zz NO. CONDITION TEXT RESPON. WHEN AGENCY/ REQUIRED DEPART. 133. Security During Construction. Po, s, pw During a. Fencing -The perimeter of the construction site shall be construction fenced and locked Ott all times when workers are not present. All construction activities shall be confined to within the fenced af•ea. Construction materials and/or equipment shall not be operated or stored outside of the fenced area or wifltin the public right-of--way unless approved in advance ley the Public Works Director. b. Address Sign - A temporary address sign of sufficient size and color contrast to be seen during night time hours with existing street lighting is to be posted on the Dublin Boulevard perimeter. c. Emergency Contact -- Prior to any phase of construction, Applicant/Developer will file with the Dublin Police Department an Emergency Contact Business Card that will provide 24-hour phone contact numbers of peraons responsible for the construction site. d. Materials & Tools -- Good security practices shal. be followed with respect. to storage of building materials and tools at the construction site. e. Security lighting and patrols shall be employed as necess 134. Lighting Plan. The Applicant shall submit a final lighting plan PO Prior to for approval by the Dublin Police. At a minimum the plan should occupancy include: and On-going • .50 foot-candle lighting levels at all doors • 1.0 foot-candle lighting at ground level in parking lot areas • The lighting plan shall provide a photometric read-out with foot-candles plotted on the site. • Li htin fixtures shall be of a vandal resistant type. 135. Exterior Landscaping. Exterior landscaping shall be kept at a PO Prior to minimal height and fullness giving patrol officers and general occupancy ublic surveillance ca abilities of the area. and ongoing 136. Seat Walls. Seat wall areas shall be designed to minimize the PO Prior to potential for vandalism by skateboarders and others. occupancy and On oin 137. Graffiti. The Applicant/Developer shall keep the site clear of PO, PL Ongoing graffiti on a regular and continuous basis and at all times. Graffiti resistant materials should be used. FI F I 4 138, Fire Hydrants. DSRSD standard steamer type (1-4 1/2" and 1-2 F Prior to ''/z" outlet) fire hydrant(s) are required. (CFC 2001, Section Occupancy 903.4.2 and Ongoing 139. Identi6eation of Hydrant Locations. Identify the fire hydrant F Prior to locations by installing reflective "blue dot" markers adjacent to the occupancy hydrant, 6-inches off center from the middle of the street. (CFC and ongoing 2001, Section 901.4.3 140. Inspection of Roadways & Fire Hydrants. Prior to the F prior to Commencement of storage or framing, contact the City of Dublin, commencement Fire Prevention Division, and the Public Works Department to of storage or 23 NO. CONDITION TEXT RESPON. WHEN AGENCY/ REQUIRED DEPART. schedule an inspection of roadways and fire hydrants. (CFC :?001 framing Section 8704.2 & 8704.3 141. Monitoring of Sprinkler Systems. Sprinkler systems serving F Prior to more than 100 heads shall be monitored by an approved central Occupancy station, U.L. listed for fire alarm monitoring. The account shall be and ongoing certificated. A copy of the U.L. listing and certificate must be provided to the Alameda County Fire Department, City of Dublin, Fire Prevention Division, prior to schedulin¢ the final test system. CFC 2001, Section 1003.3 as amended) 142. Fire Extinguisher. Provide at least one 2A IOBC portable fire F Prior to extinguisher for each 3,000 sq. ft. of floor area. Travel distan~:e to Occupancy an extinguisher shall not exceed 75-feet of travel distance and shall and ongoing not be between floors. CFC 2001, Section 1002.1) 143. Fire Flow. Applicant/Developer shall submit to the Alameda F Prior to County Fire Department a letter from the Dublin San Ramon occupancy Services District a letter stating the available fire flow at the project and Ongoing site. DEBR iS/DUST/CONSTRUCTION ACTIVITY 144. Construction Hours. Standard construction and grading hours PW on-going shall be limited to weekdays (Monday through Friday) and non- City holidays between the hours of 7:30 a.m. and 6:00 p.m. The Applicant/Developer may request reasonable modifications to such determined days and hours, taking into account the seasons, impacts on neighboring properties, and other appropriate factors, by submitting a request forni to the City Engineer/Public Works Director. For work on Saturdays, said request shall be submitted no later than 5:00 p.m. the prior Wednesday. Overtime inspection rates will a 1 for all after-hours, Saturday, and/or holiday work. 145. Construction Trash/Debris. Measures shall be taken to contain PW, B, PL Prior to all construction related trash, debris, and materials on-site antil Construction disposal of--site can be arranged. The Applicant/Developer :;hall keep the adjoining public streets and properties free and clean of project dirt, mud, and materials during the construction pe-iod. The Developer shall be responsible for corrective measures at no ex ense to the Ci of Dublin. 146. Construction Fencing. The use of any temporary construction PL, Pw, e Prior to fencing shall be subject to the review and approval of the Public issuance of Works Director and the Building Official. Building Permits LANDSCAPING 147. Final Landscape and Irrigation Plan. A Final Landscape and PL Prior to Irrigation Plan prepared and stamped by a State licensed issuance of landscape architect or registered engineer, along with a cost Building estimate of the work and materials proposed, shall be submitted Permits for review and approval by the Community Development Director. Landscape and irrigation plans shall provide for a rec cled waters stem. 148. Sidewalk/Walkways. Sidewalks shall be constructer in PL occupancy accordance with streetsca e Mans. 149. Completion of Landscaping (see Phased Occupancy Plan). s Occupancy Subject to approval of the Director of Community Development, the completion of landscaping may be deferred due to inclement weather with the posting of a completion bond for the value o f the deferred landsca in and associated improvements. 24 NO. CONDITION TEXT RESPON. WHEN AGENCY/ REQUIRED DEPART. 150. Standard Plant Material, Irrigation and Maintenance PW Prior to Agreement. The Applicant/Developer shall complete and submit issuance of to the Dublin Planning Department the Standard Plant Material, Building Irri ation and Maintenance Agreement. Permits 151. Landscape Borders. All landscaped areas shall be bordered by a PL ongoing concrete curb that is at least 6 inches high and 6 inches vide. Curbs adjacent to parking spaces must be 12 inches wide. All landscaped areas shall be a minimum of 6 feet in width (cu •b to curb) unless modified in this application. Concrete mow strips at least 6 inches deep and 4 inches wide shall be required to separate turf areas from shrub areas. 152, Maintenance of Landscape. All landscape areas on the site PL, PW on-going shall be 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 a royal from the Community Development Director. 153. Water Efficient Landscaping Ordinance. The PL, PW Completion of Applicant/Developer shall submit written documentation to the Improvements Public Works Department (in the form of a Landscape Documentation Package and other required documents) tha: the development conforms to tha City's Water Efficient Landscaping Ordinance. 154. Landscaping and Street Trees. The Applicant/Developer ;hall PL, Pw Issuance of construct all landscaping within the site, along the project occupancy frontage from the face of curb to the site right-of--way, and all Permits street trees 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 Directer of Community Development. Street tree varieties of a minimum 24"-box size shall be planted along all street frontages and >hall be shown on the Landscaping plans. Exact tree locations and varieties shall be reviewed and approved by the Director of Public Works. "Che 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 Communit Develo ment. 155. Retaining Walls. Should there be any locations where the PL Prior to finished grade of this site is in excess of twenty-four (24) inches issuance of higher or lower than the abutting properly or adjacent lots within Building the project, a concrete or masonry block retaining wall or other Permits suitable solution acceptable to the Director of Public Works shall be required and shall be measured from the top of grade ore 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 Communit Development. 156. Bicycle Racks. Prior to the issuance of building permits, the P Prior to the Applicant/Developer shall work with Staff to provide additional issuance of bicycle racks at the entrance to the Club Sport Facility. The building additional bicycle racks shall be unobtrusive and out of the path permits of travel. 157. Livermore Airport Protection Area. Prior to the issuance of PL Prior to the building permits, clearance must be obtained from the ALUC. issuance of buildin 25 NO. CONDITION TEXT RESPON. WHEN AGENCY/ REQUIRED DEPART. ermits 158. Noise Study. Prior to the issuance of building permits all PL, B Prior to the recommendations of the acoustics report for the protect prefared issuance of by Rosen Goldberg Der & Lewitz dated June 29, 2009, shall be building im lemented or shown on the plans to be implemented. permits BE IT FURTHER RESOLVED THAT the Conditional Use Permit approval includes the following minor amendment to the 2000 adopted Development Plan (Exhibit B-l, Development Plan -Area G, Ordinance 6-00) with respect to Paragraph 5, Density, and related Vilage Center (VC) Parcel 6 pursuant to Section 8.32.080 of the zoning ordinance. A. Paragraph 5, Density, is modified to add the underlined text as follows: The maximum square footage/number of dwelling units of the proposed development under this Development Plan (as shown on the Stage 2 site plan) are as follows, except that the square footage on Site Development Reviews for VC Parcels 1-5 shall be less than the maximum square footage below so as to ensure that commercial development in the Villa e Center does not exceed 230,000 square feet_ B. Village Center (VC) Parcel 6 in the list of parcels in Paragraph 5, Density, is modified to change the square footage from 60,390 to 82,864. PASSED, APPROVED AND ADOPTED this 14th day of July 2009. AYES: NOES: ABSENT: ABSTAIN: Plaming Commissioner Chair ATTEST: Planning Manager G: IYAk120081PA 08-006 Club Sport PromenadelPC Mh; 7-74-091pc reso approving cup sdr for promem~definal7-9-09.DOC 26