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HomeMy WebLinkAboutReso 123-00 CUP Kindercare RESOLUTION NO. 123 - 00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT FOR A DAY CARE CENTER, WAIVING A PORTION OF THE PARKING REQUIREMENTS AND APPROVING A SITE DEVELOPMENT REVIEW FOR THE KINDERCARE PROJECT, PA 00-004 WHEREAS, the Applicant, Michael Majors II, on behalf of KinderCare has requested approval ora Conditional Use Permit for a 9,824 square foot Day Care Center with a maximum capacity of 180 children in the C-1 Zoning District and Area 3 of the San Ramon Road Specific Plan; a waiver of 25% of the required parking pursuant to General Development Criterion 7 of the San Ramon Road Specific Plan and a Site Development Review on 1.15 acres at 7360 San Ramon Road at the northwest comer of San Ramon Road and Amador Valley Boulevard; and WHEREAS, a complete application for the above noted entitlement requests is avail able and on file in the Department of Community.Development;~and WHEREAS, Applicant/Developer has submitted project plans for a Conditional Use Permit and Site Development Review for the KinderCare project dated received March 24, and June 9, 2000, and a colors and materials board dated received March 24, 2000, and WHEREAS, the project has been reviewed in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the City of Dublin Environmental Guidelines and a Negative Declaration has been prepared for this project and is on file with the Dublin Planning Department. The project as proposed will not have a significant impact on the environment; and WHEREAS, the Planning Commission did hold a public hearing on said application on June 13, 2000 and recommended that the City Council approve the Conditional Use Permit and Site Development Review for this project; and and WHEREAS, proper notice of said public hearihg was given in all respects as required by law; WHEREAS, a Staff Report was submitted recommending that the Planning Commission recommend City Council approval of the Conditional Use Permit and Site Development Review; and WHEREAS, the Planning Commission did hear and use their independent judgmem and considered all said reports, recommendations, and testimony hereinabove set forth. and WHEREAS, the City Council did hold a public hearing on said application on July 5, 2000; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; WHEREAS, a Staff Report was submitted recommendihg that the City Council approve the Conditional Use Permit and Site Development Review; and WHEREAS, the City Council did hear and use their independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby make the following findings and determinations regarding said proposed Conditional Use Permit: Fo The proposed operation of a Day Care Center and the waiver of parking requirements from 53 parking spaces to 40 parking spaces within the San Ramon Road Specific Plan and the Planned Development Zoning District for PA 00-004 is compatible with other land uses (i.e. retail commercial and residential), transportation and service facilities in the vicinity because Day Care ce~rer will offer services which typically benefit residential and commercial uses. The proposed use and the parking waiver will nOt adversely affect the health or safety of persons residing or working in the vicinity, and will not be detrimental to the public health, safety and welfare because all the potential environmental impacts associated with the project are less than significant. The use and the parking waiver will not be injurious to property or improvements in the neighborhood because the project is conditioned to comply with all Building and Fire Department requirements, and Public Works Department requirements regarding on and off-site traffic circulation, street improvements, and on and off-site drainage improvements. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use and related structures would not be detrimental to the public health, safety, and welfare. The subject site is physically suitable for the type, density and intensity of the buildings and related structures being proposed because the project is located on relatively flat land within an urbanized area adjacent to existing retail commercial uses and medium to high density residential uses and the Applicant will be voluntarily contributing traffic improvement funds in the amount of $116,928 to address any potential traffic impacts of the project on surrounding roadways and street improvements, The KinderCare day care center use is not contrary to the specific intent clauses, development regulations, and performance standards established for the Planned Development (PD) Zoning District for PA 00-004 because the conditions of approval are required to insure that the project, Which will be supportive of surrounding retail and residential uses through the provision of day care and education services for adjacent residents and children of workers in the surrounding commercial areas, and supportive of similar surrounding retail commercial uses, will be compatible with those uses. The approval of this application, as conditioned, complies with the Dublin General Plan, Area 3 of the San Ramon Road Specific Plan and the PD Zoning District regulations, and the general requirements established in the Dublin Zoning Ordinance. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby make the following findings and determinations regarding said proposed Site Development Review: Ao The KinderCare project is consistent with the intent and purpose of Chapter 8.104 Site Development Review of the Zoning Ordinance. Co The approval of this Conditional Use Permit and Site.Development Review application, as conditioned, complies with the Retail/Office designation of the Dublin General Plan, Area 3 of the San Ramon Road Specific Plan, the PD Zoning District regulations, and the general requirements established in the Dublin Zoning Ordinance. The approval of this Conditional Use Permit and Site Development Review application, as 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 all the potential environmental impacts associated with the project are less than significant. The proposed site development, including site layout, structures, vehicular access, circulation and parking, setbacks, height, walls, public safety and similar elements has been designed to provide a desirable environment for the'Day Care Center. The subject site is physically suitable for the type, density and intensity °fthe buildings and related structures being proposed because the project is located on relatively flat land within an urbanized area adjacent to existing retail commercial uses and medium to high density residential uses and the Applicant will be voluntarily contributing traffic improvement funds in the amount of $116,928 to address any potential traffic impacts of the project on surrounding roadways and street improvements. The proposed Site Development Review will not result in impacts to views because the site is level and no views could be interrupted. The proposed Site Development Review will not result in impacts to existing slopes and topographic features because the site is relatively level and there are no topographic features. 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 commercial development with the development's design concept or theme and the architectural character of the surrounding commercial and residential buildings and uses. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, provisions and similar elements have been considered to ensure visual relief and an attractive environment for the public. BE IT FURTHER RESOLVED THAT THE City Council does hereby approve the Conditional Use Permit to allow a Day Care Center and Site Development Review for PA 00-004, KinderCare, subj e ct to the following Conditions of Approval: 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 Department of Community Development review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [ADM] Administration/City Attorney, [B] Building division of the Community Development Department, [DSR] Dublin San Ramon Services District, [F] Alameda County Fire Department/City of Dubtin Fire Prevention, [FIN} Finance Department, [PL] Planning division of the Community Development Department, [PO] Police, [PW] Public Works Department. CONDITIONAL USE PERMIT # CONDITION TEXT RESPON. WHEN HOW IS AGENCY REQ'D CONDITION Prior to: SATISFIED? ' GENERAL CONDITIONS 1 Approval. This Conditional Use Permit approval for PL On-going KinderCare, PA 00-004 establishes the Day Care Center Use pursuant to the Zoning Ordinance and Area 3 of the San Ramon Specific Plan and permits the waiver of 25% of the parking required by the Zoning Ordinance for this project. The parking required shall be reduced from 53 parking spaces to 40 parking spaces. Development pursuant to this Conditional Use Permit generally shall conform the project plans submitted by KinderCare Learning Centers, Inc. and Majors Engineering Company dated received March 24, and .June 9, 2000 and to the.colors and materials board received on March 24, 2000, on file in the Planning Department, and other plans, text, and diagrams relating to this Conditional Use P~rmit, unless modified by the Condkions of Approval contained herein. "2. Permit Expiration. Construction or use shall PL Ongoing commence within one year of permit approval, or the permit shall lapse and become null and void. 3. Annual review. On at least an annual basis, this PL Ongoing Conditional Use Permit shall be subject to Zoning Investigator Review and determination as to compliance with the conditions of approval. Any violation of the terms or conditions of this permit may be subject to enforcement action. 4. Revocation of permit. The permit shall be revocable PL Ongoing for cause in accordance with Section 8.96.020.I of the '-' Dublin Zoning Ordinance. Any violation of the terms or conditions of this pe['mit shall be subject to citation. [15. Clean-up. The Applicant/Developer shall be eL [ Ongoing # CONDITION TEXT RESPON. WHEN HOW IS AGENCY REQ'D CONDITION Prior to: SATISFIED? responsible for clean-up and disposal of project related trash to maintain a clean, litter-free site. 6. Controlling Activities. KinderCare shall control all PO, PL Ongoing activities on the project site so as not to create a nuisance to the existing or surrounding businesses and residences. 7. Accessory Structures. The use of any accessory PL, B, F Ongoing structures, such as storage sheds or trailer/container units used for storage or for any other purposes, shall not be allowed on the site at any time. $. Fire Codes and Ordinances. All project construction' B Through .~ shall conform to all fire codes and ordinances in effect completion at the time of building permits. 9. Conditions of Related Project Approvals. The PL, PW Ongoing Applicant/Developer shall comply with all conditions of approval-of the related Site Development Review and the Development Plan of the related Planned ' Development Rezone for PA 00-004 KinderCare project. 10. Public Right-of-Way Signage. The Public Works PW, PL Prior to Department shall work with the Kildara Homeowners issuance of Association for determining the types of street signage Occupancy that should be installed along Amador Valley Permit Boulevard and Donlan Way for purposes of approval. discouraging traffic from entering the Kildara community as a short-cut between Dublin Boulevard and San Ramon Koad. The Applicant/Developer shall be responsible for purchasing and installing the agreed upon street signage. 11. Kildara traffic mitigation funds. The KinderCare PL, PW Prior to Learning Centers shall contribute a maximum of issuance of $5,000 which shall be paid into an escrow account to Occupancy be used bythe Kildara Homeowners Association for Permit purposes of mitigating any traffic impacts the project approval. may cause within the Kildara community. Any funds remaining in the escrow account 18 months after the last certificate of occupancy for KinderCare will be refunded to the applicant. 12.. Number of students. The day care center shall have a PL, B Ongoing maximum enrollment of 180 children. 13. Drop-off and pick-up of students. Parents shall be PL Ongoing responsible for escorting each student to and from the drop-off and pick-up area of the school. 14. Hours of operation. Hours of operation for the school PL Ongoing shall be from 6:15 a.m. to 7:15 p.m. Monday through _ # CONDITION TEXT RESPON. WHEN HOW IS AGENCY REQ'D CONDITION Prior to: SATISFIED? Friday. 15. Noise/Nuisances. The Applicant shall control all PL, PO Ongoing project related activities and noise in the parking lot and playground so as not to create a nuisance to the adjacent residential community and the existing or surrounding businesses. No loudspeakers or amplified music shall be permitted to project or be placed outside of the building. 16. Maintenance. The Applicant shall be responsible for PL Ongoing cleaning up and disposing of day care facility generated trash and litter on-site and off-site within the neighborhood. 17. Parking ReqUirement Exemption. The KinderCare PL, PW Ongoing Applicant shall provide a minimum of forty (40) parking spaces for the day care facility, which is a reduction in the number of required off-street parking spaces under the Zoning Ordinance. The proposed number of parking spaces is sufficient based on the traffic and parking study completed by TIKM Transportation Consultants dated January 25, 1999. Any overflow parking will not impact the adjacent commercial or residential uses. The Applicant shall dedicate parking spaces along the front of the day care facility for drop-off and pick-up of students. These parking spaces shall be identified by markings on the '!pavement and other signage subject to the review and approval of the Community Development Director and Public Works Director. 18. Hold Harmless. The Applicant/Developer shall hold PL, PW Ongoing Standard the City harmless for all costs and expenses, including attorney's fees, incurred by the City or held to be the liability of the City in connection with the City's defense of its actions in any proceeding brought in any State or Federal court challenging the City's actions with respect to the Applicant/Develop.er's project. SITE DEVELOPMENT REVIEW # CONDITION TEXT' RESPON. WHEN HOW IS AGENCY REQ'D CONDITION Prior to: SATISFIED? GENERAL CONDITIONS 1 Approval. This Site Development Review approval PL On-going Standard for KinderCare, PA 00-004 establishes the detailed design concepts and regulations for the project.. Development pursuant to this Site Development # CONDITION TEXT RESPON. WHEN HOW IS AGENCY REQ'D CONDITION Prior to: SATISFIED? Review generally shall conform the project plans submitted by KinderCare Learning Centers, Inc. and Majors Engineering Company dated received March 24, and June 9, 2000 and to the colors and materials board received on March 24, 2000, on file in the Planning Department, and other plans, text, and diagrams relating to this Site Development Review, unless modified by the Conditions of Approval contained herein. 2. Permit Expiration. Construction or use shall PL 'O~going commence within one year of permit approval, or the permit shall lapse and become null and void. 3. Rivocation of permit. The permit shall be revocable PL Ongoing for cause in accordance with Section 8.96.020.1 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. 4. Clean-up. The Applicant/Developer shall be PL Ongoing responsible for clean-up and disposal of project related trash to maintain a safe, clean, and litter-free site. 5. Modifications. Modifications or changes to this Site PL Ongoing Development Review approval may be considered by the Community Development Director, if the modifications or changes proposed comply with Section 8.104.100, of the Zoning Ordinance. 6. Controlling Activities, KinderCare shall control all PO, PL Ongoing activities on the project site so as not to create a nuisance to the existing or surrounding businesses and residences. 7. Acces~sory Structures. The use of any accessory PL, B, F Ongoing structures, such as storage sheds or trailer/container units used for storage or for any other purposes, shall not be allowed on the site at any time. 8. Fees. Applicant/Developer shall pay all applicable Various Various times, fees in effect at the time of building permit issuance, but no later including, but not limited to, Planning fees, Building than issuance fees, Dublin San Ramon Services District fees, Public of Building Facilities fees, Dublin Unified School District School Permits Impact fees, Alameda Coun. ty Fire Services fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; or any other fee that may be ad01~ted. 9. Requirements and Standard Conditions. The Various Prior to Applicant/Developer shall comply with applicable issuance of Alameda County Fire, Dublin Public Works Building Department, Dublin Building Department, Dublin Permits Police Service, Alameda County Flood Control .. # CONDITION TEXT RESPON. WHEN HOW IS AGENCY REQ'D CONDITION Prior to: SATISFIED? 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. 10. Fees. Applicant/Developer shall pay'ali applicable Various Various times, ' fees in effect~at the time of building permit issuance, but no later including, but not limited to, Planning fees, Building than issuance fees, Dublin San Ramon Service~ District fees, Public of Building Facilities fees, Dublin Unified School District School Permits Impact fees, Alameda County Fire Services fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; or any other fee that may be adopted. 11. Requirements and Standard Conditions. The Various Prior to Applicant/Developer shall comply with applicable issuance of Alameda County Fire, Dublin Public Works Building Department, Dublin Building Department, Dublin Permits ~, · I Police Service, Alameda County Flood Control District Zone 7, Livermore Amador Valley Transit Au_.t~ority, 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. i'2. Standard Public Works Conditions of Approval. pW Approval of Applicant/Developer shall comply with all applicable Improvement City of Dublin Standard Public Works Conditions of Plans through Approval, (see Attachment A). In the event of a completion conflict between the Standard Public Works Conditions of Approval and these Conditions, these ...... conditions shall prevail. 13. Required Permits. Applicant/Developer shall obtain PW Various times, all necessary permits required by other agencies (e.g., but no later Alameda County Flood Control District Zone 7, than issuance # CONDITION TEXT RESPON. WHEN HOW IS AGENCY REQ'D CONDITION Prior to: SATISFIED? Alameda County Health Agency (if necessary), State of Building Water Quality Control Board, etc.) and shall submit Permits copies of the permits to the Department of Public Works. 14. Removal of Obstructions. Applicant/Developer shall PW Prior to remove all trees including major root systems and Issuance of other obstructions from building sites that are Occupancy necessary for public improvements or for public safety Permits as directed by the soils engineer and Director of Public Works. 15. Traffic Control. Two-way traffic is to be maintained ?W Prior to along Amador Valley Boulevard during all phases of -Issuance of construction. Applicant/Developer shall submit a Building traffic control plan showing detouring and temporary Permits striping for all interim or phased improvements in the public street right of way for review and approval by the Director of Public Works. 16. Public Works Conditions of Approval. In PW Prior to I submitting subsequent plans for review and approval, issuance of Applicant/Developer shall submit six (6) sets of plans Building to the Public Works Department for plan check. Each Permits set of plans shall have attached a copy of these Conditions of Approval with responses to conditions filled in indicating where on the plans and/or how the condition is satisfied. A copy of the Standard Public Works Conditions of Approval shall also be submitted which has been marked up to indicate where on the plans and/or how the condition is satisfied. The notations shall clearly indicate how all Conditions of Approval and Standard Public Works Conditions of .. Approval will be complied with. Improvement plans will not be accepted without the annotated conditions and standards attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participating non-City agencies. ~. 17. Conditions of Related Project Approvals. The PL, PW Ongoing Applicant/Developer shall comply with all conditions of approval of the related Conditional Use Permit and the Development Plan of the related Planned Development Rezone for PA. 00-004 KinderCare project. 18. Building Permits, Codes and Ordinances. The B Through Applicant/Developer shall obtain all necessary permits completion from the Dublin Building Department. All project /4 CONDITION TEXT RESPON. WHEN HOW IS AGENCY REQ'D CONDITION Prior to: SATISFIED? construction shall conform to all building codes and ordinances in effect at the time ofbuildin$ permits. 19. Fire Codes and Ordinances. All project construction B Through shall conform to all fire codes and ordinances in effect completion at the time of building permits. 20. Building Permit Application. To apply for building B Prior to permits, the Applicant/Developer shall submit twelve issuance of (12) sets of construction plans together with final site Building plan and landscape plans to the Building Department Permits for plan check. Each set of plans shall have attached a copy of these conditions of approval with the '~Iow is Condition Satisfied?" column filled out. The column shall clearly indicate how all conditions of approval . will be, or have been complied with. Construction plans will not be accepted without the annotated conditions attached to each set of plans. The Applicant/Developer will be responsible for obtaining the approvals of all participating non-City agencies prior to the issua.n, ce of building permits. GENERAL DESIGN: 21. Utility Siting Plan. The Applicant/Developer shall PW, PL Prior to provide a Utility Siting Plan shoWing that transformers issuance of and service boxes are placed outside of public view or Grading underground where possible and/or screened to the Permits satisfaction of the Community.Development Director and Public Works Director. 22. State Title 24 PW Prior to ~ Requirements/Walkway/Ramps/Parking Stalls. issuance of The Applicant/Developer shall construct an accessible Building walkway from the public sidewalk on Amador Valley Permits anal Boulevard to the building's primary entrance in order Completion of to comply with the current State Title 24 requirements. Improvements Parking stalls designated for persons with disabilities shall also be constructed and identified per current Title 24 requirements. 'Any ramps required between the disabled parking stalls and the building and between the public sidewalk and the building shall comply with current State Title 24 requirements and City of Dublin Standards. 23. Geologic and soils report. The Applicant/Developer PW Prior to shall have a detailed and comprehensive site specific submittal of soils, geologic and geotechnical investigation prepared improvement by a licensed geologis.t that addresses site constraints plans posed by any nearby earthquake fault. The report shall determine the location of any earthquake fault and appropri.ate measures to be taken to ensure that City 10 # CONDITION TEXT RESPON. WHEN HOW IS AGENCY REQ'D CONDITION Prior to: SATISFIED? standards are met. The report shall be prepared to the satisfaction of the City Engineer. 24. Right-of-Entry and Reciprocal Easements. The PW Prio~ to Applicant/Developer shall obtain a Right-of-Entry from issuance of each neighboring property owner for work to be Grading performed or access across the neighboring properties, Permits as required. Applicant/Developer shall also record reciprocal easements for required common facilities, including, but not be limited to, parking, ingress/egress, common driveway, storm drain, sanitary sewer, water and joint trench, as required. 25. Roof equipment screening. All roof equipment shall PL Prior to be completely screened from view by a parapet, issuance of Equipment not screened by a parapet shall be screened Building by materials architecturally compatible with the Permits building, as approved by the Community . Development Director. 26. State Title 24 Requirements for Playground Facility. B, PL Prior to The KinderCare Applicant shall construct the issuance of playground area and all playground facilities in Building compliance with State Title 24 Requirements for Permits handicapped accessibility. 27. Bicycle Racks. The Applicant/Developer shall be PL Prior to required to install one bicycle rack for each 40 parking issuance of spa_ces. Bicycle racks shall be designed to provide a Building minimum of 4 bicycle spaces in each rack, and shall Permits be designed so that a bicycle can be secured to the . , rack. The location of the bicycle rack shall not encroach into the sidewalk which would reduce the unencumbered width of the sidewalk to less than 4 feet. Bi-cycle racks shall be placed in a location where they shall have adequate lighting and can be surveilled by the occupants. . 28. Repair of Damages. Applicant/Developer shall repair PL Prior to all damaged existing street, curb, gutter and sidewalk issuance of along San Ramon Road and Amador Valley Boulevard Occupancy as a result of construction activities to the satisfaction permit of the Director of Public Works. 29. Parking. All parking shall conform to the revised PL Prior to parking plan. Public parki~ng spaces shall be double- Issuance of striped with 4-inch wide stripes set approximately 2 Building feet apart as shown in the Zoning Ordinance available Permits in t~he Planning Department. Disabled accessible, visitor, employee and compact parking spaces shall be appropriately identified on the pavement and designated on the parking plan. The 11 # CONDITION TEXT RESPON. WHEN HOW IS AGENCY REQ'D CONDITION Prior to: SATISFIED? Applicant/Developer shall provide a minimum one foot wide raised curb or equivalent on landscape fingers and islands adjacent to parking stalls. Landscaped islands adjacent parking spaces shall have a radius of 5 feet or be 2 feet shorter than the adjacent parking spaces. ARCHITECTURE & DESIGN 30. KinderCare - Block Wall. In order to mitigate PL, B Prior to potential noise impacts, the KinderCare issuance of Applicant/Developer shall extend the concrete block Building wall on the Kildara property along the western project Permits property boundary between KinderCare and the Kildara residential community an additional 2 feet so that the total height of the block wall when measure~t from the KinderCare site is 8-feet high. tfthe Applicant/ Developer cannot get permission to extend the height of the wall on the Kildara property, the Applicant/ Developer shall construct an 8 foot tall soundwall to the satisfaction of the Director of Community Development on the KinderCare property along the western project property boundary between the KinderCare and the Kildara residential community. POLICE SECURITY 31. I City of Dublin Non-Residential Security PO, B Prior to Requirements. All security hardware for KinderCare issuance of must comply with the City of Dublin Non-Residential Building Security Requirements (obtained from the Planning P~rmits/ - Department). Security hardware must be provided for Occupancy al! doors, windows, roof, vents, and skylights and any Permits other areas per Dublin Police Services recommendations and requirements. 32.' KinderCare Fencing. Fencing around the child care PO Prior to center shall be a minimum of 6' in height. The fence issuance of shall be constructed with materials that will deter Building individuals from climbing and scaling the fence. Permits 33. Robbery, Burglary, Theft Prevention and Security PO Ongoing Program. The Applicant shall work with Dublin Police Services on an ongoing basis tO establish an effective robbery, burglary, thet5 prevention and security program for the business. 34. Graffiti. The owners of Rite Aid and KinderCare shall, PO, PL Ongoing at all times, keep the site and building clear of graffiti vandalism on a regular and continuous basis. Graffiti resistant paints for the structures and film for windows or glass should be used. # CONDITION TEXT RESPON. WHEN HOW IS AGENCY REQ'D CONDITION Prior to: SATISFIED? 35. Emergency Response Card. KinderCare shall PO Prior to complete a "Business Site Emergency Response Care" issuance of and deliver it to Police Services prior to occupancy. Occupancy Permit approval FI2RE PROTECTION 36. ACFI) Rules, Regulations and Standards. F Prior to Applicant/Developer shall comply with all Alameda Issuance of County Fire Services (ACFD) rules, regulations and Building standards, including minimum standards for Permits emergency access roads and payment of all applicable fees, including a City of Dublin Fire Impact Fees. 37. Fire Conditions. Developer shall comply with all F Prior to conditions of the Alameda County Fire Department Issuance of (ACFD) as listed in the letter from ACFD dated 1-1-5- Building 99, including: Permits a. Access and Water Supply. An approved access and water Prior to the supply shall be in place and operational, stockpiling of any combustible materials or commenceme · nt of combustible construction on the site b. Wildfire Management Plan. Structures that are within the Prior to Wildfire Management Plan area shall meet the requirements Issuance of for construction, roof covering and fire si)rinkler Occupancy installation. Landscape design plan shall meet the Permits requirements of the Wildfire Management Plan. c. Drive Aisles. Final detailed layout and design of internal Prior to drive aisles shall be subject to review and approval by the Issuance of ACFD and the Director of Public Works. Occupancy Permits d. Plan Review. Plans may be subject to revision following Ongoing review. e. Fire Sprinklers. Aut'omatic fire sprinklers shall be Prior to designed, installed and maintained to the specifications of installation NFPA 13 & 25, 1996 edition. Plans and calculations shall be submitted to the fire prevention division for review and approval prior to installation. A permit for the system installation shall be completed and all fees paid prior to installation. 13 # CONDITION TEXT RESPON. WHEN HOW IS AGENCY REQ'D CONDITION Prior to: SATISFIED?' f. Plans for Underground Sprinkler System. Plans shall be Prior to submitted for review and approval that include soils installation compaction, corrosivity and thrust block calculations. A Permit for the underground water supply for the fire sprinkler system shall be completed and all fees paid prior to installation. g. Fire Lane. A 'Tire Lane" shall be designated and so marked Prior to along the north side of the property and the main entry, issuance of Occupancy Permits h. Storage Area. The Applicant/Developer shall provide Prior to ... details for the configuration of the storage area, inclttding any installation racks with their height and type of materials that will be stored within the storage area. i. Address. The address for the KinderCare building shall be Prior to visible from the street and the addresses must be placed on issuance of the rear doors of the buildings. Occupancy Permits j. Portable Fire Extinguishers. Portable fire extinguishers Prior to shall be installed in accordance with the Uniform Building issuance of Code and/or the State Fire Code for the specific occupancy. Occupancy Permits k... Emergency Lighting. Emergency lighting shall be installed. Prior to issuance of Occupancy Permits 1. KNOX Box. To allow emergency access to the building, a Prior to KNOX box shall be installed at the main entries of the issuance of building. Occupancy Permits m. Existing Fire Hydrant. The existing fire hydrant shall be Prior to relocated to the east side of the Amador Valley Boulevard issuance of access. Occupancy Permits n. KinderCare Alarm System. KinderCare shall install an Prior to alarm system that meets all the requirements of the builgting installation code and fire code for an E-3 occupancy. . ON AND OFF-SITE IMPROVEMENTS .... I 38. Right-of-way Dedication on Amador Valley PW Prior to Boulevard. Along the frontage of the proposed issuance of KinderCare site, Applicant/Developer shall dedicate to Occupancy the public for roadway purposes an area with a width Permit of 10' along the north side of Amador Valley Blvd to create an ultimate right-of-way width of 46 feet. 14 # CONDITION TEXT REsPON. WHEN HOW IS AGENCY REQ'D CONDITION Prior to: SATISFIED? 39. Right-of-way Improvements. Along the frontage of PW Prior to the proposed KinderCare site, the Occupancy Developer/Applicant shall widen the north side of the Amador Valley Boulevard to create a curb to curb width of 36'. A 5'-wide public sidewalk shall be '" constructed on the north side to match the existing sidewalk on the south side. Said roadway widening is only required across the frontage of the KinderCare site; widening for the frontage of the adjacent vacant parcel immediately to the east will be required when that parcel develops. The Developer/Applicant shall be responsible for the design and construction of all improvements associated with the widening of Amador Valley Boulevard across the site frontage, and the appropriate transitions to the existing roadway width at each conform. Said improvements shall include, but not be limited to, 10' of pavement section, curb & gutter, 5-wide sidewalk, storm drain, utilities, street lights; p~iv~ment markings and signs, and landscaping, all as determined by the Director of Public Works. 40. Streetlights. Applicant/Developer shall install (1) one PW Prior to additional streetlight on the north side of Amador issuance of Valley Boulevard to be located approximately 180' Grading east of the existing street light at the end of the cul-de- Permits sac bulb. Said street light shall be the City Standard cobra head luminaire with galvanized steel or alUminum pOl~ as required by the Director of Public Works. A service point and pole number shall be obtained from Pacific Gas & Electric Company. A street lighting plan that. demonstrates compliance with this condition shall be sqbmitted prior to issuance of a grading permit and shall be subject to review and approval by the Director of Public Works. 41. Construction of On-site ImProvements. The PW Prior to Applicant/Developer shall construct on-site issuance of improvements as showp, on the site plan prepared by Occupancy CRHO Architecture and by Majors 2M2 Engineering, Permits labeled Exhibit C-l, dated received by the Planning Department 3-24-00, and stamped approved and on file with the planning Department. 42. On-Site Improvement Plans. The PW Prior to Applicant/Developer's Engineer shall prepare site Issuance of improvement plans for the review and approval of the Building Director of Public Works. Said Improvement plans Permits shall include, but are not limited to, horizontal (site layout) and vertical (grading) control, storm drainage, 15 # CONDITION TEXT RESPON. WHEN HOW IS AGENCY REQ'D CONDITION Prior to: SATISFIlgD? sanitary sewer, water, utilities, hardscape improvements, signs and striping, new pavement sections, landscaping and irrigation, erosion control, and all applicable details for the project as required by the Director of Public Works. The Applicant/Developer's Engineer shall obtain the City of Dublin's On-Site Checklist from the Public Works Department and shall address any and all items applicable to the project. Said Checklist shall be part of these conditions of approval. 43. Abandonment of existing non-use easements. PW Prior to Applicant/Developer shall obtain the abandonment of Issuance of all existing easements that are not currently being used Building on the proposed site to the satisfaction of the Director Permits of Public Works. 44. Parcel Merger/Lot Line Adjustment. In order to ., i PW Prior to create a separate and distinct parcel for the Issuance of KinderCare facility, the Applicant/Developer shall Building adjust the existing parcel lines identified on the Permits current tax assessor plat as Assessor Parcel Numbers 941-40-2-3, 941-40-2-7, and 941-40-3-2 through the City's parcel merger and lot line adjustment procedures. The created parcels shall conform to the lot configuration and setback requirements stated in the adopted Zoning Ordinance and per the current California Building Code. The Applicant/Developer shall adhere to all State, County, and City requirements for said parcel merger and lot line adjustment. 45. Parcel Map. To facilitate the adjustment of the parcel PW Prior to lines and the dedication of right-of-way and other Issuance of required easements, the Applicant/Developer may Building wish to process a Parcel Map in accordance with Permits Subdivision Map Act §66467. 46. Easement Dedications. Applicant/Developer shall PW Prior to dedicate a 10'-wide Public Services Easement (P.S.E.) Issuance of along the northerly right-of-way line of Amador Valley Building Boulevard to allow for current and future underground Permits utility Services along the site frontage. Applicant/Developer shall also dedicate easements over any public utility services (joint trench, storm drain, sanitary sewer, water, etc.) that traverse the site. Said easements shall conform to the requirements of the Director of Public Works and/or public utility companies as necessary to serve this site With utility services, and to allow for maintenance access. # CONDITION TEXT RESPON. WHEN HOW IS AGENCY REQ'D CONDITION Prior to: SATISFIIgD? 47. Emergency Vehicle Access Easement Dedications. PW, F Prior to Applicant/Developer shall dedicate all needed Issuance of emergency vehicle access easements from each Building adjacent public street to all fire access roads Permits surrounding the building as defined by Alameda County Fire Department and to the satisfaction of the Director of Public Works. TRAFFIC 48. Installation of STOP signs and other traffic signs. PW Prior to Applicant/Developer shall install STOP control Issuance of pavement markings and sign at the driveway on Occupancy Amador Valley Boulevard. All signs and pavement Permits markings shall be installed to the satisfaction of the Director of Public Works. ' GRADING AND DRAINAGE: 49. Requirements. The Applicant/Developer shall grade PW Ongoing the project in accordance with the Public Works Standard Conditions of Approval and State Regional Water Quality Control Board standards and details. 50. Water Quality Requirements. All development shall PW Prior to meet the water quality requirements of the City of issuance of Dublin's NPDES permit and the Alameda County Grading Urban Runoff Clean Water Program. The plans must Permit/ include a separate Erosion and Sediment Control plan Improvement to be implemented during the rainy season (October Plans and 1~t to April 15th). Said plan shall conform to the l~est during standards of the Regional Water Quality Control construction Board. The site design shall also include some type of permanent filtration system for all storm drain inlets within the paved areas to prevent hydrocarbons and other petroleum-based contaminants from entering the public storm drain system. Installation details shall be included on the plans. In addition, all storm water inlets within paved areas shall be stenciled "No Dumping - Flows to Bay" using a standard stencil available from the Alameda County Urban Runoff Clean Water Program, located at 951 Turner Court, Hayward, California. 51. Geotechnical Investigation Report. PW Prior to Applicant/Developer shall prepar.e a Geotechnical issuance of Investigation report as required in the Public Works Grading Standard Conditions of Approval. Said report shall Permit/ include recommendations for structural pavement Improvement sections within the parking area and within the area of Plans and Amador Valley Boulevard to be widened, during construction 17 # CONDITION TEXT RESPON. WHEN HOW IS AGENCY REQ'D CONDITION Prior to: SATISFIED? UTILITIES 52. Undergrounding. The Developer shall underground PW Prior to all utilities to the project unless specifically approved issuance of by the Director of Public Works. The Developer shall Grading remove alt existing overhead utilities within the project Permit and construct them underground.. /Imprvt. Plans 53. Joint Utility Trenches/UndergroundingfUtility pW Prior to Plans. Applicant/Developer shall construct all joint Occupancy utility trenches (such as electric, telephone, cable TV, and gas) in accordance With the appropriate utility jurisdiction. All communication vaults, electric transformers, cable TV boxes, blow-off valves and any appurtenant utility items theretO) shall be " underground and located behind the proposed sidewalk within 'the public service easement, unless otherwise approved by the Director of Public Works and any applicable agency. All conduits shall be under the sidewalk within the public right of way to allow for street tree planting. Utility plans, showing the location of all proposed utilities (including electrical vaults and underground transformers) behind the sidewalk shall be reviewed and approved by the Director ofPublic Works. Location of these items shall be shown on the final plans. 54. Zone 7. The Applicant/Developer shall ~omply with PW, Zone Prior to · ail Alameda County Flood Control and Water 7 approval of Conservation District - Zone 7 Flood Control .. Improvement requirements and applicable drainage fees. Plans 55. Zone 7 Monitoring Well. Prior to issuanCe of grading Zone 7 Prior to permits for the project, the Applicant/Developer shall issuance of either mark or preserve all existing Zone 7 monitoring Grading wells within the work area, or shall properly destroy Permits each well in accordance with a Permit obtained from Zone 7. LIGHTING: 56. Lighting Plan. The Applicant/Developer shall PW, PL, Prior to prepare a Lighting Plan and Isochart (photometrics) to PO issuance of the satisfaction of Police Services, the Director of Building Public Works and Director of Community Permits Development. Exterior lighting shall be provided within the parking lot, around the entire perimeter of the building, and over exterior doors, and shall be of a design and placement so as not to cause glare onto adjoining properties, businesses or to vehicular traffic. Lighting used after daylight hours shall be adequate to provide for security .(1 foot candle minimum or as -- 18 # CONDITION TEXT RESPON. WFIEN FlOW IS AGENCY REQ'D CONDITION Prior to: SATISFIED? allowed by Police Services). Wall lighting around the perimeters of the building should be supplied to provide "wash" security lighting as appropriate. DEBRIS/DUST/CONSTRUCTION ACTIVITY 57. Construction Trash/Debris. Measures shall be taken PW, B Prior to to contain all construction-related trash, debris, and Construction materials on-site until disposal of-site can be arranged. The APplicant/Developer shall keep the adjoining public streets and properties free and clean of project dirt, mud, and materials during the construction period. The Developer shall be responsible for '- corrective measures at no expense to the City of Dublin. 58. Construction Fencing. The use ofany temporary PW, B, PL Prior to construction fencing shall be subject to the review and Construction approval of the Public Works Director and the Building Official. DUBLIN SAN RAMON SERVICES DISTRICT (DSRSD) 59. General Conditions a. Improvement Plans. Complete improvement plans shall be Issuance of DSRSD submitted to DSRSD that conform to the requirements of the Building 4/20/2000 DSRSD Code, the DSRSD "Standard Procedures, Permits Specifications and Drawings for Design and Installation of Water and Wastewater Facilities," all applicable DSRSD Master Plans and policies, and alt Recycled Water Design and Construction Standards... b. Main sizes. All mains shall be sized to provide sufficient Issuance of DSRSD capacity to accommodate future flow demands in addition to Building 4/20/2000 each development project's demand. Layout and sizing of Permits mains shall be in conformance with DSRSD utility master planning. c. Gravity flow. Sewers shall be designed to operate by Approval of DSRSD gravity floTM to DSRSD'S existing sanitary sewer system. Improvement 4/20/2000 Pumping of sewage is discouraged and may only be allowed Plans under extreme circumstances following a case by case review with DSRSD staffi Any pumping station will require specific review and approval by DSRSD of preliminary design reports, desigff criteria, and final plans and specifications. The DSRSD reserves the right to require payment of present value 20-year maintenance costs as well as other conditions within a separate agreement with Applicant/Developer for any project that requires a pumping station. 19 # CONDITION TEXT RESPON. WHEN HOW IS AGENCY REQ'D CONDITION - Prior to: SATISFIED? d. Waterline system design. Domestic and fire protection Approval of DSRSD waterline systems for residential tracts or commercial Improvement 4/20/2000 developments shall be designed to be looped or Plans interconnected to avoid dead-end sections in accordance with requirements of the DSRSD Standard Specifications and sound engineering practices. e. Location of lines. DSRSD policy requires public water and Approval of DSRSD sewer lines to be located in public streets rather than in off- Improvement 4/20/2000 street locations to the fullest extent possible. If unavoidable, Plans public sewer or water easements must be established over the alignment of each public sewer or water line in an off-street or private street loca~tion to provide access for future maintenance and/or replacement. f. Easement dedications. The locations and widths of all Issuance of DSRSD proposed easement dedications for water and sewer lines Grading 4/20/2000 shall be submitted to and approved by DSRSD. Permit g. Easement dedications. All easement dedications for Approval of DSRSD DSRSD facilities shall be by separate instrument irrevocably Improvement 4/20/2000 offered to DSRSD. Plans h. Fees. All utility connection fees, plan-checking fees, Issuance of DSRSD inspection fees, permit fees, and fees associated with a Building 4/20/2000 wastewater discharge permit shall be paid to DSRSD in Permits accordance with the rates and schedules established in the DSRSD Code. i. Improvement Plans. All improvement plans for DSRSD Issuance of DSRSD ~ ~. facilities shall be signed by the District Engineer. Each Building 4/20/2000 drawing of improvement plans shall contain a signature Permits block for the District Engineer indicating approval of the sanitary sewer or water facilities shown. Prior to approval by the District Engineer, Applicant/Developer shall pay all required DSRSD fees, and provide an engineer's estimate of construction costs for the sewer and water systems, a performance bond, a one-year maintenance bond, and a comprehensive general liability insurance policy in the amounts and forms that are acceptable to DSRSD. Applicant/Developer shall allow at least 15 working days for final improvement drawing review by DSRSD before signature by the District Engineer. j. Utility construction permit. No sewer line or water line Issuance of DSRSD construction shall be permitted unless the proper utility Building 4/20/2000 construction permit has been issued by DSRSD. A Permits and construction permit will only be issued after all of the all DSRSD DSRSD conditions herein have been satisfied, requirements 20 # CONDITION TEXT RESPON. WHEN HOW IS AGENCY REQ'D CONDITION Prior to: SATISFIED? " k. Hold harmless. The Applicant/Developer shall hold " On-going DSRSD DSRSD, its Board of Directors, commissions, employees, 4/20/2000 and agents of DSRSD harmless and indemnify the same from any litigation, claims, or fines resulting from completion of the project. 1. Water consumption history. The Applicant shall submit to Approval of DSRSD the District a one-year interior water consumption history of Improvement 4/20/2000 a similar establishment to more accurately determine how Plans much sewer capacity should the allocated to the project. m. Recycled water irrigation. The project is located within the Completion of DSRSD District Recycled Water Use Zone (Ord. 280), which calls Improvements 4/20/2000 for installation of recycled wa~er irrigation systems to allow for the future use of recycled water for approved landscape irrigation demands. Recycled water will be available in the future. Unless specifically exempted by the District Engineer, compliance with Ordinance 280, as may be amended or superseded, is required. All irrigatioii facilities shall be subject to review for compliance with District and Department of Health Services Requirements for recycled water irrigation design. Trash Enclosures 60. Trash Bin Enclosures. A~I1 trash bin enclosures shall PL', PW, Building Standard be 10 feet by 12 feet in size for a single bin and 10 by LDD Permit 18 feet in size for two bins. Bins shall not be larger than 4 yards in capacity. A 10-foot deep concrete apron shall be installed in front of the entire width of the enclosure. The enclosure shall have a 6-inch by 6- inch curb on the inside of the enclosure wall to protect the walls of the enclosure from the bins. The enclosure shall be built of concrete block or equivalent and shall have metal doors. Chain link doors are not permitted. The doors must be designed so that they can be locked closed and can also be held open with pin locks during loading. Trash bin enclosures shall be finished so that they are architecturally compatible with the related main structure. Trash bin enclosures shall be properly maintained and free of graffiti. Ail trash bins used for this site shall be located within the trash bin enclosure(s) at all times unless being emptied. The container shall be covered and shall meet the requirements of the County Health Code, the Dublin San Ramon Services District and the National Pollution Discharge Elimination System. The final location of trash enclosures shall be determined prior to submittal of building plans to the 21 # CONDITION TEXT RESPON. WHEN HOW IS AGENCY REQ'D CONDITION Prior to: SATISFIED? review and approval of the City Planning Department', Public Works Department and the Livermore Dublin Disposal Service. . ARCHAEOLOGY 61. Archaeology -' Should any prehistoric or historic PL, PW, B Final Mitigation artifacts be exposed during excavation and Inspection of ,Measure No. 1 construction operations, the Department of Grading Community Development shall be notified and work shall cease immediately until an archaeologist, who is certified by the Society of California Archaeology (SCA) orthe Society of Professional Archaeology (SOPA), is consulted to evaluate the significance of the find and suggest appropriate mitigation measures, if de. creed necessary, prior to resuming ground breaking construction activities. Standardized procedures for evaluating accidental finds and discovery of human remains shall be followed as . prescribed in Sections 15064.5 and 15126.4 of the California Environmental Quality Act Guidelines. ARCHITECTURE 62. The structure shall comply with the architectural PL Occupancy drawings submitted by Majors Engineering Company dated received March 24, 2000, and shall generally conform to the colors and materials book dated received March 24, 2000, on file in the City of Dublin Department of Community Development. 63. Exiting. Clear and unobstructed exists from the rear B Prior to of the building are not provided as Shown: a) Second building exits are required from day care rooms with an permit occupant load greater than 7 children per Item 22, Table 19-A, 1998 CBC. b) A clear, continuous and unobstructed exit path to public way must be provided per Section 1096, 1998 CBC. The fences, gates and play areas obscure and obstruct the rear exiting. Generally, fences and gates are only acceptable when an area of refuge is provided in conformance with Section 1007.3.11, 1998 CBC. 64. Warming Kitchen. The '~warming" kitchen shall be B Prior to separated from the daycare facility with a one-hour building minimum fire separation wall. Refer to Section 302, permit 1998 CBC. 65. Toilet room designation. Designate male and female B Prior to employee toilet rooms on the plans. Total number of bUilding restroom fixtures shall be determined by the more permit conservative requirements of the 1998 CPC versus the 1998 CBC. 22 # CONDITION TEXT RESPON. WHEN HOW IS AGENCY REQ'D CONDITION Prior to: SATISFIIgD? LAt, mSCAerNC 66. Final Landscape and Irrigation Plan. A Final PL, PW Prior to Landscape and Irrigation Plan prepared and stamped issuance of by a State-licensed landscape architect or registered Building engineer, generally consistent with the preliminary Permits landscape plan by Majors 2M Engineering, dated received March 24, 2000, along with a cost estimate of the work and materials proposed, shall be submitted for review and approval by the Community Development Director. Landscape and irrigation plans shall provide for a recycled water system. 67. Final Landscape Plan Review. The plant palette PL Issuance of COA varieties shall be shall be subject to review and Building approval of the Director of Community. Development Permits and reviewed by the City's Landscape Architect to determine compatibility with reclaimed water use, where appropriate. An irrigation plan shall be · Submitted with Final Landscape Plans indicating that the system is designed for reclaimed water, where required by DSRSD. 68. Conflicts with Proposed LandscaPe Features. The PL,' PW Approval of Standard final landscape and irrigation plans shall show Imp. Plans/ locations of all pedestrian lighting, utilities, drainage Issuance of ditches, and underdrains at bottom of slopes. Plans Building shall address tree planting within public service Permits easements to avoid conflicts with utilities and streetlights. 69. Landscaping of Trash Enclosures. The PL Prior to Applicant/Developer shall provide a two (2) foot wide issuance of landscape planter along the rear and sides of the trash Building enclosures and shall install vines that will grow Permits against the walls of the enclosure for screening purposes, .... 70. Standard Plant Material, Irrigation and PL Prior to Maintenance Agreement. The Applicant/Developer issuance of shall complete and submit to the Dublin Planning Building Department the Standard Plant Material, Irrigation and Permits Maintenance Asreement. ,, 71. Landscape Borders. All landscaped areas shall be PL Prior to bordered by a concrete curb that is at least 6 inches issuance of high and 6 inches wide. Curbs adjacent to parking Building spaces must be 12 inches wide. All landscaped areas Permits shall be a minimum of 6 feet in width (curb to curb). Concrete mow strips at least 6 inches deep and 4 inches >vide shall be required to separate turf areas from shrub areas. Landscape isIands adjacent parking 23 # CONDITION TEXT RESPON. WHEN HOW IS AGENCY REQ'D CONDITION Prior to: SATISFIED? spaces shall have a 5 foot radius or be two feet shorter than the parking spaces. 72. Maintenance of Landscape. All landscape areas on PL Ongoing the site 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 approval from the Community Development Director. 73~ Backflow Devises. Backflow devises shall be hidden PL Issuance of Standard from view by means of fencing, enclosures, Grading landscaping and/or be?ms. Permits 74. Water Efficient Landscape Regulations. PL, PW, Approval Of ~tandard Applicant/Developer shall ensure that the Final DSR Final Landscaping and Irrigation Plan conforms to the City's Landscape Water Efficient Landscape Regulations, including Plans dual piping to facilitate future recycled water. 75. Lighting. Lighting in landscaped and hardscaped PL, PW A~>pr'oval of Standard areas throughout the site shall be subject to the review Imp. Plans/ and approval of City's Landscape Architect, Planning, Issuance of and Public Works Departments, in consideration of Building [ES standards for lighting in public/community areas. Permits A photometric plot shall be prepared to show the lighting intensity at all exterior areas of the site. 'Additional lighting shall be installed if the light levels at the ground surface fail to meet the standards set forth in the City's Security Ordinance. 76. Fire-Resistant and/or Drought Tolerant Plant PL, PW Approval Of Standard' Varieties. Final landscaping and irrigation plans shall Imp. Plans/ include fire-resistant and/or drought tolerant plant Issuance of varieties in the plant palette. Building Permits 77. Parking Lot Medians/Islands. All parking lot PL, PW Prior to medians/islands shall be landscaped and the issuance of landscaping shall be set back at least two (2) feet from Building the end of the parking stalls so that vehicles do not Permits damage the landscaping when pulling forward into the stall. 78. Landscaping at Street/Drive Aisle Intersections. PW P~io~- to Landscaping at street and drive aisle intersections issuance of shall be such that sight distance is not obstructed. Building Except for trees, landscaping shall not be higher than Permits 30 inches above the curb in these areas. 79. Landscaping and Street Trees. The PL, PW Completion of Applicant/Developer shall construct all landscaping Improvements within the site, along the project frontage from the 24 # CONDITION TEXT RESPON. WHEN HOW IS AGENCY REQ'D CONDITION Prior to: SATISFIED? face of curb to the site right-of-way, and all 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 Director of Community Development. Street tree varieties of a minimum 15-gallon size shall be planted along all street frontages and shall be shown on the Landscaping plans. Exact tree locations and varieties shall be reviewed and approved by the Director of Public Works. The proposed variety of trees to be planted adjacent to sidewalks or curbs shall be submitted for review to and approval by the Director of Public Works. Root shields shall be installed for trees planted closer than 5' to hardscape or curbs .~ unless otherwise determined by the Director of Public Works and the Director of Community Development. 80. Retaining Walls. Where finish grade of this property PL, PW Issuance of is in excess of twenty-four (24) inches higher or lower Occupancy than the abutting property or adjacent lots within the Permits project, a concrete or masonry block retaining wall or other suitable solution acceptable to the Director of Public Works shall be required and shall be measured from the top of grade on the higher side of the retaining wall or slope. Landscaping shall be installed around all retaining walls in" iSrder to soften grade - transitions to the satisfaction of the Director of Public Works and the Director of Cgmmunity Development. .. 81. ADA requirements. Provide a note on the Final Landscaping and Irrigation Plans stating that the play areas meet current -ADA requirements. STANDARDS 82. Health, Design and Safety Standards. Prior to final PL', PW Occupancy of Standard approval allowing occupancy of the building, the Unit physical condition of the site shall meet minimum health, design, and safety standards including, but not limited to the folloWing: a. The drive aisles and parking stalls shall be PL, .PW Occupancy of Standa'rd complete and free of building materials, dirt, Unit and/or debris to allow for safe traffic movements. b. All traffic striping and c~ntrol signing in the PW Occupancy of Standard parking lot shall be repainted or installed to the Unit satisfaction of the Public Works Director. c. All new and existing parking lot lights shall be PW Occupancy of Standard energized and functional. Unit 25 # CONDITION TEXT RESpON. WHEN HOW IS AGENCY REQ'D CONDITION Prior to: SATISFIED? d. Any required repairs to the street, curb, gutter, PW Occupancy of Standard and/or sidewalk that may create a hazard shall Unit be completed to the satisfaction of the Public Works Director. e. All sewer clean-outs, water meter boxes, and PW OccupanCy of Standard other utility boxes shall be set to grade, and Unit appropriate covers shall be installed. f. The building shall have Building Depm2tment PW, B Occu, pancy of Standard final approval, for occupancy. Unit MISCELLANEOUS CONDITIONS 83. Public Facilities'Fee '-'"The developer ~hall pay a PL Building Standard Public Facilities Fee in the amounts and at the times Permit set forth in City of Dublin Resolution No. 60-99, adopted by the City Council on April 6, 1999, or in the amounts and at the times set forth in any resolution revising the amount of the Public Facilities Fee, as implemented by the Administrative Guidelines adopted by Resolution 195-991 A preschool is determined to be an industrial use which will result in the lowest fee. 84. Hold Harmless. The AppliCant/Developer shall hold Pi_,, PW Ongoing Standard the City harmless for all costs and expenses, including attorney's fees, incurred by the CitY or held to be the liability of the City in connection with the City's defense of its actions in any proceeding brought in any State or Federal court challenging the City's actions with respect to the Applicant/Developer's project. 85. Compliance With Requirements. F, PW, Approval of Standard Applicant/Developer shall comply with all applicable PO, Zone Improvement requirements of the Alameda County Fire Department, 7, DSR, Plans Public Works Department, Dublin Police Service, PL Alameda County Flood Control District Zone 7, and Dublin San Ramon Services District. 86. Building Permits. To apply for building permits, B Issuance of Standard Applicant/Developer shall submit thirteen (13) sets of Building construction plans to the Building Department for plan Permits I check. Each set of plans shall have attached a copy of these Conditions of Approval with the "How is Condition Satisfied?" column filled out. 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 participating non-City agencies prior to issuance of building permits. 26 # CONDITION TEXT RESPON. WHEN HOW IS AGENCY REQ'D CONDITION Prior to: SATISFIED? $7. Containment of Trash & Debris. Measures shall be PW During PW taken to contain all construction-related trash, debris, Construction and materials on-site until proper disposal can be arranged. The Applicant/Developer shall keep the adjoining public streets and sidewalk area clean and free of dirt, debris, and materials at all times during the construction period. All costs associated with the City's efforts to mitigate a hazard as a result of the Applicant's/Developer's failure to comply shall be borne by the Applicant/Developer. $$. Temporary Construction Fencing. The use of PW, B During PW temporary construction fencing shall be installed to Construction safeguard the public during construction of the new building and site improvements. Said fencing shall be subject to the review and approval of the Public Works Director and the Building Official, 89. Aboveground Utility Screening. All above-ground PL, PW Approval of Standard utilities that cannot be placed underground (i.e. Improvement backflow prevention devices, electrical transformers) Plans shall be screened using landscaping or an architectural feature acceptable to the Director of Community Development and Public Works Director. ENERGY CONSERVATION ~ 90. Energy Conservation. Building plans shall PL, PW Issuance of Standard demonstrate the incorporation of energy conservation Building measures into the design, construction, and operation Permits of the proposed development. PASSED, APPROVED AND ADOPTED this 5m day of July, 2000. AYES: Vice Mayor Lockhart and Mayor Houston NOES: Councilmember Zika ABSENT: ABSTAIN: Councilmembers Howard and McCormick None [,._ ~ity Clerk... K2/G/7-5-00/reso-kindercare. doc g:O0-004/ccm~p sdrreso Mayor 27