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HomeMy WebLinkAbout8.3 Attch 1 PC Reso Approving SDR for NissanRESOLUTION NO. 10- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A SITE DEVELOPMENT REVIEW FOR THE NISSAN DEALERSHIP LOCATED AT 6363 SCARLETT COURT AND FOR MINOR MODIFICATIONS TO THE HONDA DEALERSHIP LOCATED AT 6382 SCARLETT COURT (APN 941-0550-075) PA 09-040 WHEREAS, the Applicant, KBH Investments LLC, has requested approval of a Site Development Review for the construction of the Nissan Dealership with a 26,375 square foot automobile dealership building, parking lot and related improvements on approximately ±3.07 acres of land, located at 6363 Scarlett Court and for minor modifications to the layout of the Honda Dealership located at 6382 Scarlett Court to include the vacated right-of-way of Scarlett Court; and WHEREAS, the Applicant has also requested approval of a Conditional Use Permit to operate an Automobile/Vehicle Sales and Service facility locate at 6363 Scarlett Court and for a parking reduction for off-site parking located at 6382 Scarlett Court; and WHEREAS, the Applicant has submitted project plans for the requested entitlement prepared by Chatfield Construction received by the Planning Division on February 5, 2010 and enclosed as Exhibit A; and WHEREAS, the California Environmental Quality Act (CEQA), together with State guidelines and City environmental regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, pursuant to the CEQA, Staff has recommended that the Project be found Categorically Exempt from CEQA pursuant to Section 15332 in that the Project is an in-fill project on a property which is currently developed, is less than 5 acres in size and is consistent with the General Plan and Zoning Ordinance, is on a site that has no value as habitat for endangered, rare or threatened species, will not result in any significant effects relating to traffic, noise, air quality or water quality, and can be adequately served by all required utilities and public services; and WHEREAS, a Staff Report was submitted to the Planning Commission on March 9, 2010 recommending approval of said application; and WHEREAS, the Planning Commission did hold a public hearing on said application; and WHEREAS, proper notice of said hearing was given in all respects as required by law; WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project. ATTACHMENT 1 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Dublin does hereby make the following findings and determinations regarding the proposed Site Development Review: A. The proposed Nissan Dealership is consistent with the purposes of Chapter 8.104, Site Development Review, of the Zoning Ordinance, with the General Plan and with any applicable Specific Plans and design guidelines because: 1) the proposed project will be compatible with the surrounding area because the development is designed with respect to the adjacent properties which are designated for light industrial uses; 2) the proposed project will conform to the requirements of the adopted Scarlett Court Design Guidelines; 3) the proposed Project will enhance the property values of the existing site; 4) the proposed Project is well designed and is compatible with the surrounding area; 5) adequate vehicular and pedestrian access to the site will be provided; and 6) the Project includes the use of landscaping materials and high quality building materials consistent with the purpose of Chapter 8.104, Site Development Review. B. The proposal is consistent with the provisions of Title 8, Zoning Ordinance because: 1) the zoning for the site is M-1 (Light Industrial) and the proposed dealership is compatible with conditional uses in the M-1, Light Industrial, Zoning District; 2) the overall design of the Project is compatible with the neighborhood in which it is located; 3) the proposed use will have adequate parking to support the facility as required by Chapter 8.76, Off- Street Parking Regulations, of the Zoning Ordinance through the provision of on and off- site parking; and 4) the proposed project is consistent with the Zoning District and the proposed Zoning District in which it is located. C. The design of the Project is appropriate to the City, the vicinity, surrounding properties and the lot in which the Project is proposed because: 1) the proposed Project site is located in an urbanized area that is currently developed with a variety of building types and uses; 2) adequate access is provided to the site from Scarlett Court; 3) the design of the building is consistent with the adopted Scarlett Court Design Guidelines; 4) the site is currently developed with a parking lot and is used for the storage of vehicles for sale (Honda Dealership) and once completed, the Project will allow for the sale, service and storage of vehicles which is consistent with the existing and surrounding uses; and 5) as conditioned, the building will be operated in such a manner as to reduce impacts on the surrounding neighborhood. D. The subject site is physically suitable for the type and intensity of the approved development because: 1) the General Plan allows for industrial uses on the site and an AutomobileNehicle Sales and Service facility is a conditional use in the M-1, Light Industrial Zoning District; 2) the dealership will be set back a minimum of 65 feet from the front property line, 35 feet from the rear property line and 65 feet from the side property line which exceeds the minimum front and side set back requirement of 10 feet and the rear set back of 20 feet as required by Section 8.36.030.A of the Zoning Ordinance; 3) a minimum of 15.4% of the total site will be landscaped as required by the Zoning Ordinance; and 4) the building will have a maximum height of 27 feet which is less than the height limit of 45 feet which has been established for this Zoning District. E. Impacts to existing slopes and topographic features are addressed because: the Project site is currently graded and is relatively flat. F. Architectural considerations including the character, scale and quality of the design, site layout, the architectural relationship with the Site and other buildings, screening of unsightly uses, lighting, building materials and colors and similar elements result in a project that is harmonious with its surroundings and compatible with other development in the vicinity because: 1) the Project has been well designed to complement the surrounding neighborhood; 2) the scale of the building has been designed to be similar to the surrounding buildings; 3) the building includes a variety of roof heights and building forms to break up the massing of the building; 4) as required by the conditions of approval, all HVAC equipment and all conduits or piping will be screened from view; 5) the building has been designed so that the building entrance will face Dougherty Road one of the main roadways in the City; 6) the site has been designed and the building has been located to allow views of the City's gateway element from Dougherty Road and to ensure that the Project does not detract from the City's new landscaped gateway and feature; and 7) the Project has been designed so that it meets the requirements of the adopted Scarlett Court Design Guidelines. G. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, and similar elements have been incorporated into the project to ensure visual relief, adequate screening and an attractive environment for the public because: 1) the proposed project includes a variety of trees and shrubs throughout the site; 2) a 10 foot wide landscape buffer will be provided adjacent to Dougherty Road to provide an adequate buffer between the site and the City's right-of-way; 3) shrubs will be planted around the site which will grow to a height which will adequately screen the bottom of the vehicles, as required by the Scarlett Court Design Guidelines; 4) the site will incorporate drought tolerant plant materials as required by the Zoning Ordinance; 5) a total of 15.4% of the site will be landscaped as required by Section 8.76.070.A.12 of the Zoning Ordinance; and 6) as conditioned, the expanded parking area on the Honda site will have landscaping to match the existing Honda site. H. The Site has been adequately designed to ensure proper circulation for bicyclists, pedestrians and automobiles because: 1) access to the Site will be provided from Scarlett Court; 2) the Project has been reviewed by the Public Works Department and the Fire Department and adequate access and circulation has been provided on-site; and 3) bicycle racks will be installed near the front of the building. BE IT FURTHER RESOLVED that the Planning Commission does hereby approve said application, Site Development Review for the Nissan Dealership, to construct a 26,375 square foot building, parking lot and related improvements located at 6363 Scarlett Court, and for minor site modifications to the Honda Dealership located at 6382 Scarlett Court as generally depicted in the Project Plans prepared by Chatfield Construction received by the Planning Division on February 5, 2010, labeled Exhibit A to this Resolution, stamped approved, and on file with the Community Development Department, subject to the following conditions: CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use, and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [PL] Planning, [B] Building, [PO] Police, [PW] Public Works, [ADM] Administration/City Attorney, [FIN] Finance, [PCS] Parks and Community Services, [F] Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [LDD], Livermore Dublin Disposal, [CO] Alameda County Department of Environmental Health, [Zone 7], Alameda County Flood Control and Water Conservation District, Zone 7, [LAVTA], Livermore Amador Valley Transit Authority, [CHS], California Department of Health Services. CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: GENERAL - SITE DEVELOPMENT REVIEW 1. Approval. This Site Development Review PL On-going Planning approval for the Nissan Dealership, PA 09-040 establishes the detailed design concepts and regulations for the project. Development pursuant to this Site Development Review generally shall conform to the project plans submitted by Chatfield Construction received February 5, 2010, on file in the Community Development Department, and other plans, text, and diagrams relating to this Site Development Review, unless modified by the Conditions of Approval contained herein. 2. Permit Expiration. Approval of this Conditional PL Two years DMC Use Permit shall be valid for two (2) years from After 8.96.020. the effective date. This approval shall be null and Effective D void in the event the approved use fails to be Date established within two (2) years. Commencement of the use means the establishment of use pursuant to the Permit approval or, demonstrating substantial progress toward commencing such use. If there is a dispute as to whether the Permit has expired, the City may hold a noticed public hearing to determine the matter. Such a determination may be processed concurrently with revocation proceedings in appropriate circumstances. If a Permit expires, a new application must be made and processed according to the requirements of this Ordinance. 3. Time Extension. The original approving PL One Year DMC decision-maker may, upon the Applicant's written Following 8.96.020. request for an extension of approval prior to Expiration E 4 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: expiration, upon the determination that all Date Conditions of Approval remain adequate and all applicable findings of approval will continue to be met, grant an extension of the approval for a period not to exceed six (6) months. All time extension requests shall be noticed and a public hearing shall be held before the original hearing body. 4. Compliance. The Applicant/Property Owner shall PL On-going DMC operate this use in compliance with the 8.96.020. Conditions of Approval of this Site Development F Review, the approved plans and the regulations established in the Zoning Ordinance. Any violation of the terms or conditions specified may be subject to enforcement action. 5. Effective Date. This approval shall not become PL City Council Planning effective until the General Plan Amendment and zoning action is approved by the City Council for the vacated portion of the right-of-way of Scarlett Court. 6. Revocation of Permit. The Site Development PL On-going DMC Review approval shall be revocable for cause in 8.96.020. accordance with Section 8.96.020.1 of the Dublin I Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. 7. Requirements and Standard Conditions. The Various Building Standard Applicant/ Developer shall comply with applicable Permit City of Dublin Fire Prevention Bureau, Dublin Issuance Public Works Department, Dublin Building Department, Dublin Police Services, Alameda County Flood Control District Zone 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Department of Health Services requirements and standard conditions. Prior to issuance of building permits or the installation of any improvements related to this project, the Developer shall supply written statements from each such agency or department to the Planning Department, indicating that all applicable conditions required have been or will be met. 8. Required Permits. Developer shall obtain all PW Building Standard ermits re uired b other agencies including, but Permit CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: not limited to Alameda County Flood Control and Issuance Water Conservation District Zone 7, California Department of Fish and Game, Army Corps of Engineers, Regional Water Quality Control Board, Caltrans and provide copies of the permits to the Public Works Department. 9. Fees. Applicant/Developer shall pay all Various Building Various applicable fees in effect at the time of building Permit permit issuance, including, but not limited to, Issuance Planning fees, Building fees, Traffic Impact Fees, TVTC fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees, Fire Facilities Impact fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; or any other fee that may be ado ted and applicable. 10. Indemnification. The Developer shall defend, ADM On-going Administr indemnify, and hold harmless the City of Dublin ation/City and its agents, officers, and employees from any Attorney claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that The Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying The Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. 11. Clarification of Conditions. In the event that PW On-going Public there needs to be clarification to the Conditions of Works Approval, the Director of Community Development and the City Engineer have the authority to clarify the intent of these Conditions of Approval to the Developer without going to a public hearing. The Director of Community Develop ment and the City Engineer also have the CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: authority to make minor modifications to these conditions without going to a public hearing in order for the Developer to fulfill needed improvements or mitigations resulting from impacts to this project. 12. Clean-up. The Applicant/Developer shall be PL On-going Planning responsible for clean-up and disposal of project related trash to maintain a safe, clean, and litter- free site. 13. Modifications. Modifications or changes to this PL On-going DMC Site Development Review approval may be 8.104.10 considered by the Community Development 0 Director if the modifications or changes proposed comply with Section 8.104.100 of the Zoning Ordinance. 14. Lighting. Lighting is required over exterior PL, PW Building Municipal entrances/doors including the service areas. Permit Code Exterior lighting used after daylight hours shall be Issuance adequate to provide for security needs, A lighting plan shall be submitted for approval. The lighting plan shall provide a photometric readout with foot-candles lotted on the site. 15. Soft Building Materials. Soft Foam or efis type PL Building Planning material may be installed no closer then 6 feet Permit from the earth or paved areas. Issuance/ On-going PROJ ECT SPECIFIC 16. Equipment Screening. All electrical, fire risers PL Building Planning and/or mechanical equipment shall be screened Permit from public view. Any roof-mounted equipment Issuance shall be completely screened from view by materials architecturally compatible with the Through building and to the satisfaction of the Community Completion/ Development Director. The Building Permit plans On-going shall show the location of all equipment and screening for review and approval by the Director of Community Development. 17. Colors. The exterior paint colors of the buildings PL Occupancy Planning are subject to City review and approval. The Applicant shall paint a portion of the building the proposed colors for review and approval by the Director of Community Development prior to painting the buildings, whose approval shall not be unreasonably withheld. CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 18. Trash Enclosure. The trash enclosure shall be PL Building Planning sized to accommodate trash and recycling bins to Permit support the site. Issuance 19. Vehicle Displays. All vehicle displays shall be PL On-going Planning conducted in accordance with the Conditional Use Permit Conditions of Approval. LAND SCAPING 20. Final Landscape and Irrigation Plans. Final PL Building DMC Landscape and Irrigation Plans, prepared and Permit 8.72.030 stamped by a State licensed landscape architect Issuance or registered engineer, shall be submitted for review and approval by the City Engineer and the Community Development Director. Plans shall be generally consistent with the landscape plans prepared by Chatfield Construction, received by the Planning Division on February 5, 2010, except as modified by the Conditions listed below and as required by the Community Development Director. 21. Plant Species. Plant species shall be selected PL Building Planning according to use, sun/shade location and space Permit available. The landscape plan should include Issuance plant species that are not salt sensitive. Street trees shall be high branching and produce minimal litter. 22. Slopes. The landscape plan shall address PL Building Planning slopes within the property, including erosion, Permit maintenance and irrigation issues. All slopes Issuance shall have a one-foot level area at top and bottom of the slope for maintenance. 23. Landscaping at Street/Drive Aisle PL Building Planning Intersections. Landscaping shall not obstruct Permit the sight distance of motorists, pedestrians or Issuance bicyclists. Except for trees, landscaping (and/or landscape structures such as walls) at drive aisle intersections shall not be taller than 30 inches above the curb. Landscaping shall be kept at a minimum height and fullness giving patrol officers and the general public surveillance capabilities of the area. 24. Standard Plant Material, Irrigation and PL Building DMC Maintenance Agreement. The Permit 8.72.050. Applicant/Developer shall complete and submit to Issuance B the Dublin Planning Department the Standard Plant Material, Irrigation and Maintenance CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: A reement. 25. Landscaping. Applicant/Developer shall PL, PW Building Planning/ construct all landscaping within the site and along Permit Public the project frontage. Issuance Works 26. Plant Standards. Plant Standards. All trees PL Occupancy Planning that are on the exterior building perimeter shall be 24" box minimum, with at least 30% at 36" box or greater; all shrubs shall be 5 gallon minimum 27. Backflow Prevention Devices. The Landscape PL, PW, F Building Planning Plan shall show the location of all backflow Permit prevention devises. The location and screening of Issuance the backflow prevention devices shall be reviewed and approved b City staff. 28. Root Barriers and Tree Staking. The landscape PL, PW Building Planning plans shall provide details showing root barriers Permit and tree staking will be installed which meet Issuance current City specifications. 29. Water Efficient Landscaping Ordinance. The PL Building DMC Applicant/ Developer shall submit written Permit 8.88 documentation to the Public Works Department Issuance (in the form of a Landscape Documentation Package and other required documents) that the development conforms to the City's Water Efficient Landscaping Ordinance. 30. Shrubs. All shrubs shall be continuously PL On-going maintained including pruning and regular watering. If at any time the shrubs in the parking lot or throughout the project site are damaged, missing, dead or dying, these shrubs shall be immediately replaced with the same species to the reasonable satisfaction of the Community Development Director. All shrubs adjacent to Scarlett Court and Dougherty Road shall be allowed to grow so that the shrubbery is a minimum of 36 inches in height. 31. Trees. The property owner shall continually PL On-going Planning maintain all trees shown on the approved Landscape Plans including replacing dead or dying trees with the same species, pruning and regular watering of the trees. Within five years and every five years thereafter, all trees which are to be installed in conjunction with this phase of the project shall show normal growth to the reasonable satisfaction of the Community Develop ment Director. If the trees have not CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: shown normal growth, the property owner shall replace the trees to the reasonable satisfaction of the Community Development Director. 32. Dublin Boulevard. The new paved area adjacent PL Landscape Planning to Dublin Boulevard shall be planted with a Plan Approval landscape buffer to match the existing landscape buffer on the Honda site which is adjacent to Dublin Boulevard. The area located adjacent to the City's property shall be landscaped with a buffer which is a minimum of five feet in width. 33. Street Trees. The two pear trees shown on the PL Landscape Planning Landscape Plan at the terminus of Scarlett Court Plan Approval shall be replaced with Pyrus Kawakamii trees on the Final Landscape plans as required by the Scarlett Court Design Guidelines. BUILDING - GENERAL 34. Building Codes and Ordinances. All project B Through Building construction shall conform to all building codes Completion and ordinances in effect at the time of building permit. 35. Building Permits. To apply for building permits, B Issuance of Building Applicant/Developer shall submit seven (7) sets Building of construction plans to the Building Division for Permits plan check. Each set of plans shall have attached an annotated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participation non- City agencies prior to the issuance of building permits. 36. Construction Drawings. Construction plans B Issuance of Building shall be fully dimensioned (including building Building elevations) accurately drawn (depicting all Permits existing and proposed conditions on site), and prepared and signed by a California licensed Architect or Engineer. All structural calculations shall be prepared and signed by a California licensed Architect or Engineer. The site plan, landscape plan and details shall be consistent with each other. 37. Mechanical Equipment. Air conditioning units B, PL Occupancy Building 10 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: and ventilation ducts shall be screened from public view with materials 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 Community Development. 38. Engineer Observation. The Engineer of record B Prior to Building shall be retained to provide observation services Frame for all components of the lateral and vertical Inspection design of the building, including nailing, hold- downs, straps, shear, roof diaphragm and structural frame of building. A written report shall be submitted to the City Inspector rior to scheduling the final frame inspection. 39. Green Building Guidelines. To the extent B Through Building practical, the applicant shall incorporate Green Completion Building Measures. Green Building plan shall be submitted to the Building Official for review. . 40. Cool Roofs. Flat roof areas shall have their B Through Building roofing material coated with light colored gravel or Completion painted with light colored or reflective material desi ned for Cool Roofs. 41. Electronic File. The applicant/developer shall B Prior to First Building submit all building drawings and specifications for and Final this project in an electronic format to the Inspection satisfaction of the Building Official prior to the issuance of building permits. Additionally, all revisions 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 occupancy. 42. Copies of Approved Plans. Applicant shall B Beginning of Building provide, upon request, City with 4 reduced (1/2 Construction size co ies of the approved plan. 43. CASp. Applicant shall obtain the services of a B Building Building Certified Access Specialist for the review of the Permit construction drawing and inspections. A written Issuance report shall be submitted to the City prior to approval of the permit application. In Addition, a written report shall be submitted to the City Inspector prior to scheduling the final inspection. (Prior to permitting and final) This condition is waived provided the building permit is issued prior to Jul 1, 2010. 44. Rooftop Parkin Lot. Applicant shall provide B Building Building 11 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: . detailed drawings and associated documents at Permit time of permit issuance outlining the required two Issuance exits from the rooftop area to the public way. FIRE - GENERAL CONDITIONS 45. Allowable Area-Building Setbacks. Buildings F Building Fire on the same property must be included in the Permit allowable area calculations or setback from Issuance assumed property lines in accordance with Table 503 of the Building Code. Either provide an allowable area calculation/analysis for the aggregate total for all buildings on the property or show assumed property lines between the buildings that will be in compliance with the setback requirements of Table 503. The construction classification, occupancy classification, and building use shall be provided for each building. In addition, if the setback of buildings from the property line or assumed property line is such that a fire rated wall or opening protection would be required, the plans shall note the location and rating of openings, the rating of the exterior wall and if the wall has a ara et. CFC 101 46. Site Plan. F Prior to Fire The site plan needs to show sufficient detail to Installation reflect an accurate and detailed layout of the site and for review and record purposes. The site plan will Construction need a scale that will allow sufficient details for Completed review purposes and include, but not be limited to and Approved the following: Prior to 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 of exit lighting for these pathways as well. • The location of any overhead obstructions and their clearances • The location of property lines and assumed property between buildings 12 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: on the same property as well as any easements. The site plan will also need to note the location and distance of fire hydrants that are along the property frontage as well as the closest hydrants to each side of the property that are located along the access roads that serves the property. In addition, the improved face of curb to face of curb or edge of pavement width of the access road that serves the property will need to be noted. CFC Appendix Chapter 1 section 105.4 POLICE - PROJECT SPECIFIC 47. Security Requirements. The PO Issuance of Police Applicant/Developer shall comply with all Building applicable City of Dublin Non-Residential Security Permits requirements. On-going PUBLIC WORKS - STANDARD CONDITIONS 48. Compliance. The Developer shall comply with PW On-going Public the City of Dublin Zoning and Grading Works Ordinances, the City of Dublin Public Works Standards and Policies, and all building and fire codes and ordinances in effect at the time of building permit. 49. Wells or Exploratory Boring. Any water well, PW Through Public cathodic protection well, or exploratory boring on Completion Works the project property must be properly abandoned, backfilled, or maintained in accordance with applicable groundwater protection ordinances. For additional information contact Alameda Count Flood Control, Zone 7. 50. Encroachment Permit. An encroachment permit PW On-going Public from the Public Works Department may be Works required for any work done within the public right- of-way even if covered under an Improvement A reement. 51. Easement Abandonment. The Developer shall PW Issuance of Public obtain abandonment from all applicable public Grading/ Works agencies of existing easements and right of ways Sitework that will no longer be used. Permit 52. Easements. The Developer shall acquire PW Issuance of Public easements, and/or obtain rights-of-entry from the Grading/ Works adjacent property owners for any improvements Sitework on their property. The easements and/or rights-of- Permit 13 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: entry shall be in writing and copies furnished to the City Engineer. 53. Sidewalks. All public sidewalks must be within PW Issuance of Public City right-of-way or in a pedestrian access Grading/ Works easement unless approved by the City Engineer. Sitework Permit 54. Grading Plan. The Grading Plan shall be in PW Issuance of Public conformance with the recommendations of the Grading/ Works Geotechnical Report, the approved Tentative Sitework Map, and the City design standards & Permit ordinances. In case of conflict between the soil engineer's recommendations and City ordinances, the City Engineer shall determine which shall apply. 55. Public Improvements. All public improvements PW Issuance of Public shall conform to the City of Dublin Standard Grading/ Works Plans and design requirements and as approved Sitework b the City Engineer. Permit 56. Water and Sewer Facilities. Developer shall PW Issuance of Public construct all potable and recycled water and Grading/ Works sanitary sewer facilities required to serve the Sitework project in accordance with DSRSD master plans, Permit standards, specifications and requirements. 57. Fire Hydrants. Fire hydrant locations shall be PW Issuance of Public approved by the Alameda County Fire Grading/ Works Department. A raised reflector blue traffic marker Sitework shall be installed in the street opposite each Permit hydrant. 58. Street Signs. The Developer shall furnish and PW Occupancy Public install street name signs, and traffic signs & Works marking for the project as required by the City Engineer. 59. Drainage. Roof drainage shall drain across bio- PW Issuance of Public swales or into bio-filters prior to entering the Building Works storm drain system as shown on the approved Permit site plan. The landscaping and drainage improvements in the bio-swale and bio-filters shall be appropriate for water quality treatment. Concentrated flows will not be allowed to drain across public sidewalks. 60. Underground Utilities. If the applicant proposes PW Occupancy Public to underground existing electrical, gas, telephone, Works and Cable TV utilities, shall be underground in 14 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: accordance with the City policies and ordinances. All utilities shall be located and provided within public utility easements and sized to meet utility company standards. 61. Utility Vaults. To the maximum extent PL, PW Issuance of Public practicable, all utility vaults, boxes and structures Grading/ Works shall be underground and placed in landscape Sitework areas and screened from public view. All utility Permit vaults, boxes and structures shall be shown on landscape plans and approved by the City Engineer and Community Development Director prior to construction. PUBLIC WORKS - PROJECT SPECIFIC 62. Standard Public Works Conditions of PW On-going Public Approval. Applicant/Developer shall comply Works with all applicable City of Dublin Public Works Standard Conditions of Approval (Attachment A). In the event of a conflict between the Public Works Standard Conditions of Approval and these Conditions, these Conditions shall prevail. 63. Improvement and Grading Plans. All PW Issuance of Public improvement and grading plans submitted to the Grading/ Works Public Works Department for review/approval Sitework shall be prepared in accordance with the Permit approved site plan, these Conditions of Approval, and the City of Dublin Municipal Code including Chapter 7.16 (Grading Ordinance). When submitting plans for review/approval, the Applicant/Developer shall also fill-out and submit a City of Dublin Improvement Plan Review Checklist (three 8-1/2" x 11 " pages). Said checklist includes necessary design criteria and other pertinent information to assure that plans are submitted in accordance with established City standards. The plans shall also reference the current City of Dublin Standard Plans (booklet), and shall include applicable City of Dublin Improvement Plan General Notes (three 8-1/2" x 11 " pages). For on-site improvements, the Applicant/Developer shall adhere to the City's On-site Checklist (eight 8-1/2" x 11" pages). All of these reference documents are available from the Public Works Department call 15 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: telephone 925-833-6630 for more information). 64. Grad ing/Sitework Permit. All site improvement PW Issuance of Public work and public right-of-way work must be Grading/ Works performed per a Grading/Sitework Permit issued Sitework by the Public Works Department. Said permit Permit will be based on the final set of improvement plans to be approved once all of the plan check comments have been resolved. Please refer to the handout titled Grading/Site Improvement Permit Application Instructions and attached application (three 8-1/2" x 11" pages) for more information. The Applicant/Developer must fill in and return the applicant information contained on pages 2 and 3. The current cost of the permit is $10.00 due at the time of permit issuance, although the Applicant/Developer will be responsible for any adopted increases to the fee amount. 65. Site Plan. On-site and off-site improvements PW Issuance of Public shall be designed in accordance with the Grading/ Works approved site plan, entitled "Dublin Nissan Sitework Automotive Dealership" by Ruggeri-Jensen- Permit Azar„ dated 2/03/10, Sheets C1.0 thru C9.0 (12 Sheets). 66. Street Lights. City street lights within the PW Occupancy Public abandoned section of Scarlett Court shall be Works removed per City of Dublin Standards. 67. Overland Storm Drain Flow. To accommodate PW Issuance of Public potential overland flow, the parking lot grading Grading/ Works and on-site storm drain system shall be designed Sitework to convey storm water overland to the public Permit street right of way without inundating the buildings in the event the pipe network becomes plugged. 68. Water Quality/Best Management Practices. PW Issuance of Public Pursuant to the Alameda Countywide National Grading/ Works Pollution Discharges Elimination Permit Sitework (NPDES) No. CAS0029831 with the California Permit Regional Water Quality Control Board (RWQCB), the Applicant/Developer shall design and operate the site in a manner consistent with the Start at the Source publication, and according to Best Management Practices to minimize storm water pollution. In addition to 16 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: natural water quality features proposed for the site, in-line filtration devices may be necessary to serve runoff areas that will not drain to natural water quality features due to grading constraints. All trash dumpsters and recycling area enclosures that are not located inside the building shall have roof enclosures to prevent contaminants from washing into the storm drain system. The enclosures shall be fitted with floor drains that discharge to the sanitary sewer system, and hose bibs for periodic wash-down. The applicant shall file a Notice of Intent with the RWQCB and shall prepare and submit a Storm Water Pollution Prevention Plan for the City Engineer/Public Works Director's review/approval. Finally, all storm drain inlets serving vehicle parking areas shall be stenciled using stencils available from the Alameda Countywide Clean Water Program. 69. Storm Water Treatment Measures PW Occupancy Public Maintenance Agreement. Applicant/Developer Works shall enter into an agreement with the City of Dublin that guarantees the property owner's perpetual maintenance obligation for all storm water treatment measures installed as part of the project. Said agreement is required pursuant to Provision C.3.e.ii of RWQCB Order R2-2003- 0021 for the 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 properly operated and maintained. 70. Geotechnical Report and Recommendations. PW Issuance of Public The Applicant/Developer shall have a registered Grading/ Works Geotechnical Engineer perform an investigation Sitework and prepare a geotechnical report for the site Permit and and shall incorporate the recommendations into Building the project design. The Geotechnical Engineer Permit and shall certify that the project design conforms to During the report recommendations prior to issuance of Construction a Grading/Sitework Permit or Building Permit. All report recommendations shall be followed during 17 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: the course of grading and construction. 71. Vehicle Parking. All parking stalls shall be PW Occupancy Public constructed in accordance with Building and Works Municipal Code requirements. In addition, all customer stalls shall be clearly identified with signs and pavement markings. The proposed parking shall not impede required exit paths or encroach onto pedestrian pathways 72. Parking Prohibitions/Restrictions. Vehicle PW On-going and Public parking shall be prohibited or restricted at Installed Prior Works locations deemed reasonably necessary by the to Occupancy City Engineer/Public Works Director during final design nd/or construction. 73. Site Accessibility Requirements. All disabled PW Occupancy Public access ramps, parking spaces for the disabled, Works and other physical site improvements shall comply with current UBC Title 24 requirements and Cit of Dublin Standards for accessibility. 74. Relocation of Existing Improvements/ Utilities. PW Occupancy Public Any necessary relocation of existing Works improvements or utilities shall be accomplished at no expense to the City. 75. Damage/Repairs. The Applicant/Developer shall PW Occupancy Public be responsible for the repair of any damaged Works pavement, curb & gutter, sidewalk, or other public street facility resulting from construction activities associated with the development of the project, to the reasonable satisfaction of the City En ineer/Public Works Director. 76. Graffiti. The Applicant/Developer and/or building PL, PW On-going Public tenant(s) shall keep the site clear of graffiti Works vandalism on a regular and continuous basis. Graffiti resistant paint for the structures and film for windows or glass shall be used whenever possible 77. Occupancy Permit Requirements. Prior to PW Occupancy Public issuance of an Occupancy Permit, the physical Works condition of the project site shall meet minimum health and safety standards including, but not limited to the following: a. The streets and walkways providing access to the occupied building shall be 18 CONDITION TEXT RESPON. AGENCY WHEN REQ'D Prior to: SOURCE complete, as determined by the City Engineer/Public Works Director, to allow for safe, unobstructed pedestrian and vehicle access to and from the building. b. All traffic control devices on streets providing access to the building shall be in place and fully functional. c. All street name signs and address numbers for streets providing access to the building shall be in place and visible. d. Lighting for the streets and building shall be adequate for safety and security. All streetlights on streets providing access to the building 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 reasonably approved by the City Engineer/Public Works Director. f. All fire hydrants for the building 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) for the building shall be installed and fully functional. 78. Geographic Information System. Once the City PW Occupancy Public En ineer/Public Works Director approves the Works 19 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: development project, a digital vectorized file on floppy or CD of the Improvement Plans shall be submitted to the City and DSRSD. Digital raster copies are not acceptable. The digital vectorized files shall be in AutoCAD 14 or higher drawing format or ESRI Shapefile format. Drawing units shall be decimal with the precision of 0.00. All objects and entities in layers shall be colored by layer and named in English, although abbreviations are acceptable. All submitted drawings shall use the Global Coordinate System of USA, California, NAD 83 California State Plane, Zone III, and U.S. foot. Said submittal shall be acceptable to the City's GIS Coordinator. CONS TRUCTION 79. Erosion Control During Construction. PW During Public Applicant/Developer shall include an Erosion and Construction Works Sediment Control Plan with the Grading and and Grading Improvement plans for review and approval by Activities the City Engineer/Public Works Director. Said plan shall be designed, implemented, and continually maintained pursuant to the City's NPDES permit between October 1St and April 15th or beyond these dates if dictated by rainy weather, or as otherwise directed by the City Engineer/Public Works Director. 80. Archeological Materials. If archaeological PL, PW During Public materials are encountered during construction, Construction Works construction within 100 feet of these materials and Grading shall be halted until a professional Archaeologist Activities who is certified by the Society of California Archaeology (SCA) or the Society of Professional Archaeology (SOPA) has had an opportunity to evaluate the significance of the find and suggest a ro riate mitigation measures. 81. Construction Hours. City acknowledges that PW During Public this site is within a commercial district, with no Construction Works surrounding residential areas. Standard and Grading construction and grading hours shall be limited to Activities weekdays (Monday through Friday) and non-City holidays between the hours of 8:00 a.m. and 5:00 p.m. The Applicant/Developer may request reasonable modifications to such determined da s and hours, taking into account the seasons, 20 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: impacts on neighboring properties, and other appropriate factors, by submitting a request form 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 apply for all after-hours, Saturday, and/or holiday work. 82. Construction Noise Management Plan. PW During Public Developer shall prepare a Construction Noise Construction Works Management Plan, to be approved by the City and Grading Engineer and Community Development Director, Activities that identifies measures to be taken to minimize construction noise on surrounding developed properties. The Plan shall include hours of construction operation, use of mufflers on construction equipment, speed limit for construction traffic, haul routes and identify a noise monitor. Specific noise management measures shall be included in the project plans ands ecifications. 83. Construction Traffic Plan. Developer shall PW During Public prepare a plan for construction traffic interface Construction Works with public traffic on any existing public street. and Grading Construction traffic and parking may be subject to Activities s ecific equirements by the City Engineer. 84. Pest Problems. The Developer shall be PW During Public responsible for controlling any rodent, mosquito, Construction Works or other pest problem due to construction and Grading activities. Activities 85. Dust Control. The Developer shall be PW During Public responsible for watering or other dust-palliative Construction Works measures to control dust as conditions warrant or and Grading as directed b the City Engineer. Activities 86. Notice of Intent. Prior to any clearing or grading, PW During Public the Developer shall provide the City evidence that Construction Works a Notice of Intent (NO[) has been sent to the and Grading California State Water Resources Control Board Activities per the requirements of the NPDES. A copy of the Storm Water Pollution Prevention Plan (SWPPP) shall be provided to the Public Works Department and be kept at the construction site. 87. Construction Security. During the construction PO During Public phase the site shall the following: Construction Works • The construction site shall be fenced and and Grading locked at all times when workers are not Activities 21 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: present. • A temporary address sign shall be posted, and shall be of a sufficient size, a minimum of at least 36" x 36" with a white background and stenciled black numbers and letters so that the sign can be seen during night time hours with existing street lighting or additional lighting as needed. The address sign shall be posted on all approaches to the site. • The developer shall file a Dublin Police Emergency Contact Business Card prior to any phase of construction that will provide 24 hour phone contact numbers of persons responsible for the construction site. • Good security practices shall be followed with respect to storage of building materials and the storage of tools at the construction site. 88. SWPPP. The Storm Water Pollution Prevention PW During Public Program (SWPPP) for the operation and Construction Works maintenance of the project shall identify the Best and Grading Management Practices (BMPs) appropriate to the Activities project construction activities. The SWPPP shall include the erosion control measures in accordance with the regulations outlined in the most current version of the ABAG Erosion and Sediment Control Handbook or State Construction Best Management Practices Handbook. 89. SWPPP Compliance. The Developer is PW During Public responsible for ensuring that all contractors Construction Works implement all storm water pollution prevention and Grading measures in the SWPPP. Activities 90. Temporary Construction Fencing. Temporary Various During Public Construction fencing shall be installed along the Construction Works perimeter of all work under construction to and Grading separate the construction operation from the Activities public. All construction activities shall be confined to within the fenced area. Construction materials and/or equipment shall not be operated or stored outside of the fenced area or within the public right-of-way unless approved in advance b the City En ineer/Public Works Director. 22 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 91. Fire Access. Access roads, turnarounds, Various During Fire pullouts, and fire operation areas are Fire Lanes Construction and shall be maintained clear and free of and Grading obstructions, including the parking of vehicles. Activities 92. Entrances. Entrances to job sites shall not be Various During Various blocked, including after hours, other than by Construction approved gates/barriers that provide for and Grading emerge caccess. Activities 93. Site Utilities. Site utilities that would require the Various During Public access road to be dug up or made impassible Construction Works shall be installed prior to combustible and Grading construction commencing. Activities Entrance flare, angle of departure, width, turning radii, grades, turnaround, vertical clearances, road surface, bridges/crossings, gates/key- switch, & within required 150-ft. distance to Fire Lane DUBLIN SAN RAMON SERVICES DISTRICT DSRSD - STANDARD CONDITIONS 94. Prior to issuance of any building permit, complete DSR Issuance of Dublin improvement plans shall be submitted to DSRSD Building San that conform to the requirements of the Dublin Permits Ramon San Ramon Services District Code, the DSRSD Services "Standard Procedures, Specifications and District Drawings for Design and Installation of Water and Wastewater Facilities", all applicable DSRSD Master Plans and all DSRSD policies. 95. If Applicant is required to upsize any mains shall DSR Improvement Dublin be sized to provide sufficient capacity to Plans San accommodate the development project's Ramon demand. Layout and sizing of mains shall be in Services conformance with DSRSD utility master planning. District 96. Sewers shall be designed to operate by gravity DSR Improvement Dublin flow to DSRSD's existing sanitary sewer system. Plans San Pumping of sewage is discouraged and may only Ramon be allowed under extreme circumstances Services following a case by case review with DSRSD District staff. Any pumping station will require specific review and approval by DSRSD of preliminary design reports, design criteria, and final plans and specifications. The 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 applicant for an project that requires a pumping station. 23 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 97. DSRSD policy requires public water and sewer DSR Improvement Dublin lines to be located in public streets rather than in Plans San off-street locations to the fullest extent possible. Ramon If unavoidable, then public sewer or water Services easements must be established over the District alignment of each public sewer or water line in an off-street or private street location to provide access for future maintenance and/or re lacement. 98. Prior to approval by the City of a grading permit DSR Improvement Dublin or a site development permit, the locations and Plans San widths of all proposed easement dedications for Ramon water and sewer lines shall be submitted to and Services a roved b DSRSD. District 99. All easement dedications for DSRSD facilities DSR Improvement Dublin shall be by separate instrument irrevocably Plans San offered to DSRSD or by offer of dedication on the Ramon Final Map. Services District 100. Prior to approval by the City for Recordation, the DSR Recordation Dublin Final Map shall be submitted to and approved by of Final Map San DSRSD for easement locations, widths, and Ramon restrictions. Services District 101. Prior to issuance by the City of any Building DSR Issuance of Dublin Permit or Construction Permit by the Dublin San Building San Ramon Services District, whichever comes first, Permits Ramon all utility connection fees including DSRSD and Services Zone 7, plan checking fees, inspection fees, District connection fees, and fees associated with a wastewater discharge permit shall be paid to DSRSD in accordance with the rates and schedules established in the DSRSD Code. 102. Prior to issuance by the City of any Building DSR Issuance of Dublin Permit or Construction Permit by the Dublin San Building San Ramon Services District, whichever comes first, Permits Ramon all improvement plans for DSRSD facilities shall Services be signed by the District Engineer. Each drawing District of improvement plans shall contain a signature block for the District Engineer indicating approval of the sanitary sewer or water facilities shown. Prior to approval by the District Engineer, the applicant shall pay all required DSRSD fees, and provide an engineer's estimate of construction costs for the sewer and water systems, a 24 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: performance bond, a one-year maintenance bond, and a comprehensive general liability insurance policy in the amounts and forms that are acceptable to DSRSD. The applicant shall allow at least 15 working days for final improvement drawing review by DSRSD before si nature b the District Engineer. 103. No sewer line or waterline construction shall be DSR Improvement Dublin permitted unless the proper utility construction Plans San permit has been issued by DSRSD. A Ramon construction permit will only be issued after all of Services the items in Condition No. 9 have been satisfied. District 104. The applicant shall hold DSRSD, its Board of DSR Issuance of Dublin Directors, commissions, employees, and agents Building San of DSRSD harmless and indemnify and defend Permits Ramon the same from any litigation, claims, or fines Services resulting from the construction and completion of District the pro'ct. 105. Improvement plans shall include recycled water DSR Improvement Dublin improvements as required by DSRSD. Services Plans San for landscape irrigation shall connect to recycled Ramon water mains. Applicant must obtain a copy of the Services DSRSD Recycled Water Use Guidelines and District conform to the requirements therein. 106. A Backflow Prevention device to prevent back- DSR Issuance of Dublin siphoning of water into the potable distribution Building San main will be required on each commercial Permits Ramon account per the District's specifications. DSRSD Services will calculate and require payment of demand District fees from those projects that increase demands on water and/or sanitary sewer services prior to issuing a construction permit. SIGNS - PROJECT SPECIFIC 107. Temporary Promotional Banners and PL On-going Chapter Balloons. Temporary Promotional Banner Signs 8.884 of and Balloons shall only be permitted after first the securing an approved Temporary Promotional Dublin Sign Permit. Any signage on site shall be subject Zoning to the sign requirements contained in the City of Ordinanc Dublin Municipal Code. e 108. A-Frame Signs. The use of any A-Frame, PL On-going Chapter portable, sandwich-board, pennants, or human- 8.884 of held signs on the premises is strictly prohibited. the Said signs and any form of off-site advertising Dublin si ns all also be prohibited upon an public Zoning 25 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: property, including City streets and sidewalks. Ordinanc e 109. Outdoor Events. Any outside events shall be PL On-going Chapter subject to the Temporary Use Permit 8.884 of requirements contained in the City of Dublin the Municipal Code, specifically Section 8.108.020. Dublin Zoning Ordinanc e 110. Master Sign Program. Prior to the installation of PL Installation of Chapter any on-site signage, the Applicant/Developer Project 8.884 of shall apply for and receive approval of a Master Related the Sign Program. Signage Dublin Zoning Ordinanc e PARKS & COMMUNITY SERVICES 111. public Art Project. The Applicant/ Developer PL, PCD Building Public Art has elected to pay a Public Art In-Lieu Permit Policy Contribution prior to the issuance of the first Issuance Building Permit in the amount of 0.45% of the building valuation (exclusive of land) as determined by the Building Official at Building Permit Issuance. PASSED, APPROVED AND ADOPTED this 9th day of March 2010 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Planning Manager G:IPA#120091PA 09-040 Nissan at HondalSDR Reso. DOC 26