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HomeMy WebLinkAbout8.1 Attch 3 PC Resolution CUP/SDR RESOLUTION NO. 12-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT AND SITE DEVELOPOMENT REVIEW PERMIT FOR THE CONSTRUCTION AND OPERATION OF A DAY CARE CENTER AT 7250 AMADOR VALLEY BLVD (APN 941-0210-035) PLPA-2011-00055 & 00056 WHEREAS, the Applicant has requested approval of a Conditional Use Permit for the operation of a Day Care Center for up to 60 children and Site Development Review for the construction of a 3,284 square foot building with a 2,400 square foot outdoor play area along with 17 parking spaces, landscaping and associated site improvements; and WHEREAS, the Project is located in the D-D (Downtown Dublin) Zoning District; and WHEREAS, a Day Care Center is permitted in the D-D Zoning District subject to approval of a Conditional Use Permit by the Planning Commission; and WHEREAS, in accordance with Sections 8.30.040 and 8.104.040.C.4 of the Dublin Municipal Code, all development in the D-D Zoning District and all new principal structures are subject to Site Development Review and shall be reviewed by the Planning Commission; and WHEREAS, the California Environmental Quality Act (CEQA), together with State Guidelines and City Environmental Regulations required that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, pursuant to the CEQA, Staff is recommending that the Planning Commission find this project Categorically Exempt from CEQA, pursuant to CEQA Guidelines Section 15332, In-Fill Development Projects. The project consists of a Conditional Use Permit and Site Development Review for the construction and operation of a Day Care Center for up to 60 children. The project is consistent with the General Plan land use designation of Downtown Dublin — Village Parkway District and the Downtown Dublin Zoning District; the project site is less than 5 acres in size and is surrounded by urban uses; it has no value as habitat for endangered, rare or threatened species; approval of the project will not result in any significant effects related to traffic, noise, air quality or water quality; and, the site can be adequately served by all required utilities and public services; and WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission recommending approval of the Conditional Use Permit and Site Development Review request; and WHEREAS, the Planning Commission held a public hearing on said application on August 14, 2012 at which time all interested parties had the opportunity to be heard; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and ATTACHMENT 3 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. NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission does hereby make the following findings and determinations regarding the Conditional Use Permit: A. The proposed use and related structures is compatible with other land uses, transportation and service facilities in the vicinity in that: 1) the Project would be located on a parcel intended for commercial development; 2) the Project would be accessible from Village Parkway and Amador Valley Boulevard via existing driveways located on the adjacent retail center parcel and reciprocal access agreements are in place; 3) a parking study was conducted and concluded that adequate parking would be available for the Project and adjacent retail center; and, 4) a noise study was conducted and concluded that the Project would not cause the existing noise environment to exceed 60 decibels at the adjacent residential area. The parking and noise studies are incorporated herein by reference. B. It will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare in that: 1) conditions of approval have been placed on the Project limiting outdoor play activities to between the hours of 9am and 5pm Monday through Friday and limiting the number of children within the outdoor play area to no more than 30 children at a time to minimize the potential for noise impacts to the adjacent residential homes; and, 2) a noise study was conducted and concluded that the noise generated from children using the outdoor play area would not exceed normally acceptable levels of noise as set forth in the Dublin General Plan Noise Element for residential areas. C. It will not be injurious to property or improvements in the neighborhood in that: 1) conditions of approval have been placed on the Project to ensure that the construction and use of the property will be in accordance with all local codes and regulations; and, 2) the Project will be located on a parcel of land intended to be developed for a commercial use and is consistent with the Downtown Dublin Specific Plan and Zoning District. D. 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 in that: 1) vehicular access to the site is available from Amador Valley Boulevard and Village Parkway; 2) the Amador Valley Boulevard and Village Parkway frontages are fully improved with sidewalks that provide pedestrian access to the project; 3) the Project will be served by existing public utilities; and 4) the Project will share an existing trash enclosure with the adjacent retail center and the enclosure will be upgraded to comply with current standards. E. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed in that: 1) the Project site is relatively flat and will be served by existing public utilities; 2) the Project site will be accessed from existing driveways along Amador Valley Boulevard and Village Parkway and the necessary 2 of 19 agreements have been recorded to ensure adequate ingress and egress to the Project site; and, 3) all required parking will be provided on the Project site. F. It will not be contrary to the specific intent clauses, development regulations, or performance standards established for the zoning district in which it is located in that: 1) the Project is located within the Downtown Dublin Zoning District — Village Parkway District and is sited near the sidewalk with parking provided at the rear; 2) the Project includes a pedestrian connection along Amador Valley Boulevard to encourage walking; and, 3) the Project adheres to all development regulations set forth in the Downtown Dublin Specific Plan including setbacks, parking, floor area ratio, and building height, among other regulations. G. It is consistent with the Dublin General Plan and with any applicable Specific Plans in that: 1) the Project would be located on a parcel intended for commercial development; and, 2) as noted above, the Project adheres to all development regulations set forth in the Downtown Dublin Specific Plan. NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission does hereby make the following findings and determinations regarding the Site Development Review: A. The proposal is consistent with the purposes of Chapter 8.104, with the General Plan and with any applicable Specific Plans and design guidelines in that: 1) the Project is well designed in relation to the adjacent retail center and incorporates colors, materials and finishes that complement the retail center; 2) the Project is well designed in relation to the adjacent residential neighborhood in that the single story building in non-obtrusive and the outdoor play area has been located as far as practical from the rear yards of the adjacent residential homes; 3) the Project complies with the development regulations set forth in the Downtown Dublin Specific Plan; and, 4) the Project will provide adequate circulation for automobiles and pedestrians. B. The proposal is consistent with the provisions of Title 8, Zoning Ordinance in that: 1) the Project requires Site Development Review and a complete application has been filed; 2) the Project provides the amount of parking required in accordance with Chapter 8.76 (Off-Street Parking and Loading Regulations); and, 3) the Project complies with the development regulations contained in the Downtown Dublin Specific Plan. C. The design of the project is appropriate to the City, the vicinity, surrounding properties and the lot in which the project is proposed in that: 1) the Project has been designed with colors, materials and finishes that complement the adjacent retail center; 2) all roof mounted equipment will be completely screened from public view; 3) the Project consists of a single story building which is non-obtrusive to adjacent residential uses and the outdoor play area has been located as far as practical from the rear yards of the adjacent residential homes; and, 4) the Project adheres to all required setbacks for the site. D. The subject site is physically suitable for the type and intensity of the approved development in that: 1) the Project site is relatively flat and will be served by existing public utilities; 2) the Project site will be accessed from existing driveways along Amador Valley Boulevard and Village Parkway and the necessary vehicular access agreements 3 of 19 have been recorded to ensure adequate ingress and egress to the Project site; and, 3) all required parking will be provided on the Project site. E. Impacts to existing slopes and topographic features are addressed in that: 1) the Project site is relatively flat and does not include any significant slopes or topographic features. 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 in that: 1) the Project is well designed and incorporates colors, materials and finishes that complement the adjacent retail center; 2) the Project consists of a single story building which is non-obtrusive to adjacent residential uses; 3) the Project is located with convenient access from Amador Valley Boulevard and Village Parkway; 4) the Project complies with the development regulations and design guidelines set forth in the Downtown Dublin Specific Plan —Village Parkway District; 5) all roof mounted equipment will be completely screened from public view; and, 6) the Project contributes towards the pedestrian-oriented Village Parkway District by siting the building near the sidewalk along Amador Valley Boulevard and placing all parking to the rear of the building. 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 in that: 1) the Project is attractively landscaped with denser vegetation along the shared property line between the Project and adjacent residential uses; 2) the Project includes filtration planters to treat stormwater runoff; and, 3) the Project includes a variety of plant species that soften the edges of the building most visible from the public realm and create an attractive visual buffer to adjacent residential uses. H. The site has been adequately designed to ensure proper circulation for bicyclists, pedestrians and automobiles in that: 1) vehicular access to the Project site is existing and includes driveways along Village Parkway and Amador Valley Boulevard; 2) pedestrian access to the Project site can also be obtained from existing sidewalks along Village Parkway and Amador Valley Boulevard; and, 3) conditions of approval have been placed on the Project requiring that bicycle racks be provided. BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby find that the Project is Categorically Exempt from CEQA, pursuant to CEQA Guidelines Section 15332, In-Fill Development Projects. As further described in the project application, staff report, noise and parking studies and other material sin the record, the project consists of a Conditional Use Permit and Site Development Review for the construction and operation of a Day Care Center for up to 60 children. The project is consistent with the General Plan land use designation of Downtown Dublin — Village Parkway District and the Downtown Dublin Zoning District; the project site is less than 5 acres in size and is surrounded by urban uses; it has no value as habitat for endangered, rare or threatened species; approval of the project will not result in any significant effects related to traffic, noise, air quality or water quality; and, the site can be adequately served by all required utilities and public services. 4 of 19 BE IT FURTHER RESOLVED that the Planning Commission does hereby approve a Conditional Use Permit and Site Development Review for the construction and operation of a Day Care Center as shown on the project plans, date stamped received by Dublin Planning on June 21, 2012, and incorporated by reference, subject 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 Planning Division 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] Dublin Fire Prevention; [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; and [CHS] California Department of Health Services. NO. CONDITIONS OF APPROVAL Agency When Source Required, Prior to: GENERAL 1. Approval. This Conditional Use Permit and Site PL Ongoing Standard Development Review approval is for Dublin Preschool for the construction and operation of a Day Care Center at 7250 Amador Valley Boulevard for up to 60 children and 5 employees and for the construction and use of an outdoor play area and associated site improvements related to the operation of the Day Care Center (PLPA-2011-00055/00056). This approval shall be as generally depicted and indicated on the plans prepared by William Wood Architects dated received by Dublin Planning on June 21, 2012 and written statement dated June 11, 2012 on file in the Community Development Department, and as specified by the following Conditions of Approval for this project. 2. Effective Date. This Conditional Use Permit/Site PL On-going Standard Development Review approval becomes effective 10 days after action by the Planning Commission. 3. Permit Expiration. Construction or use shall PL 1 year of DMC commence within one (1) year of this Conditional Permit 8.96.020.D Use Permit/Site Development Review approval or approval the Permit shall lapse and become null and void. 4. Time Extension. The original approving PL Permit Standard decision-maker may, upon the Applicant's written Expiration request for an extension of approval prior to expiration, and upon the determination that any 5 of 19 Conditions of Approval remain adequate to assure that applicable findings of approval will continue to be met, grant a time extension of approval for a period not to exceed six (6) months. All time extension requests shall be noticed and a public hearing or public meeting shall be held as required by the particular Permit. 5. Modifications. The Community Development PL On-going DMC Director may consider modifications or changes 8.100 & to this Conditional Use Permit and Site 8.104 Development Review approval if the modifications or changes proposed comply with Chapter 8.100 (Conditional Use Permit) and Chapter 8.104 (Site Development Review) of the Zoning Ordinance. 6. Revocation of Permit. The Conditional Use PL On-going DMC Permit and Site Development Review approval 8.96.020.1 shall be revocable 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. 7. Indemnification. The Developer shall defend, Various On-going In indemnify, and hold harmless the City of Dublin accordance and its agents, officers, and employees from any with Gov. claim, action, or proceeding against the City of Code Dublin or its agents, officers, or employees to Section attack, set aside, void, or annul an approval of 66499.37 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. 8. Fees. Applicant/Developer shall pay all FIN Issuance of Standard applicable fees in effect, including, but not limited Building to, Planning fees, Building fees, Traffic Impact Permits Fees, TVTC fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees (per 6 of 19 agreement between Developer and School District), Fire Facilities Impact fees, Noise Mitigation fees, Inclusionary Housing In-Lieu fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; or any other fee that may be adopted and applicable. 9. 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. PLANNING 10. Parking. A total of 17 parking spaces (12 PL On-going Planning spaces for parent drop-off and pick-up and 5 spaces for employees) shall remain available for use by Dublin Preschool during the approved hours of operation. 11. Outdoor Play Area. Outdoor activities shall be PL On-going Planning limited to the designated outdoor play area as shown on the approved plans. No more than 30 children shall be present within the designated outdoor play area at any given time. Outdoor activities shall be limited to 30 minutes at a time up to 4 times per day and shall only occur between the hours of 9 a.m. and 5 p.m. Monday through Friday. 12. Noise. Outdoor play activities shall be controlled PL On-going Planning so as not to create,unusual or unnecessary noise that may disturb or annoy persons living or working in the vicinity. 13. Property Maintenance. The Applicant/Developer PL During Planning and property owner shall be responsible for Constructio maintaining the site in a clean and lifter free n, Through condition during construction and through Completion completion. Per the City of Dublin Non- and On- 7 of 19 Residential Property Maintenance Ordinance, going DMC Section 5.64.050, the Applicant/ Property Owner shall maintain the building, site and all signage in good condition and shall keep the site clear of trash, debris and graffiti vandalism on a regular and continuous basis. 14. Accessory/Temporary Structures and Uses. PL Placement Planning A Temporary Use Permit is required for all on site construction trailers, security trailers and storage containers used during construction. 15. Temporary Signage. All temporary signage PL On-going DMC shall be subject to the regulations of Chapter 8.84 8.84 (Sign Regulations) of the Dublin Zoning Ordinance. 16. Landscaping. All landscaping shall be provided PL Issuance of Planning with an automatic sprinkler system. Occupancy Permit 17. Community Care Licensing. The Applicant PL Issuance of Planning and/or Future Tenant must be licensed by and occupancy comply with the State of California Community permit Care Licensing. The applicant shall submit a copy of this license to the Planning Division. 18. Business License. The Applicant and/or Future Various Building Various Tenant shall apply for a City of Dublin Business Permit License within 30 days of approval of the Issuance Conditional Use Permit/Site Development Review. 19. Hours of Operation. The approved hours of PL On-going Planning operation are 7:00 a.m. to 6:30 p.m., Monday through Friday. The Applicant shall be responsible for ensuring that the drop-off and pick-up of children is conducted in an orderly manner and does not negatively impact surrounding residents or businesses. 20. Property Maintenance. The Applicant, Future PL On-going DMC Tenant and/or Property Owner shall keep the 5.64 property maintained in a safe, clean, and litter- free condition at all times. 21. Graffiti. The Applicant, Future Tenant and/or PL On-going DMC Property Owner shall keep the site clear of graffiti 5.68 vandalism on a regular and continuous basis, at all times. Where feasible graffiti resistant materials should be used. 22. Nuisance. The Applicant and/or Future Tenant PL On-going DMC shall control all activities so as not to create a 5.28.020 public or private nuisance to the existing and surrounding residents. 8 of 19 23. Temporary Promotional Banners and PL On-going DMC Balloons. Temporary Promotional Banner Signs 8.84 and Balloons are subject to compliance with Chapter 8.84 of the Dublin Zoning Ordinance. BUILDING 24. 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. 25. 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. 26. 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. _ 27. Addressing. Address will be required on all B Occupancy Building doors leading to the exterior of the building. Addresses shall be illuminated and be able to be seen from the street, 5 inches in height minimum. 28. Engineer Observation. The Engineer of record B Frame Building shall be retained to provide observation services Inspection for all components of the lateral and vertical 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 prior to scheduling the final frame inspection. 29. Phased Occupancy Plan. If occupancy is B Occupancy Building requested to occur in phases, then all physical of any improvements within each phase shall be affected 9 of 19 required to be completed prior to occupancy of building any buildings within that phase except for items specifically excluded in an approved Phased Occupancy Plan, or minor handwork items, approved by the Department of Community Development. The Phased Occupancy Plan shall be submitted to the Directors of Community Development and Public Works for review and approval a minimum of 45 days prior to the request for occupancy of any building covered by said Phased Occupancy Plan. Any phasing shall provide for adequate vehicular access to all parcels in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. No individual building shall be occupied until the adjoining area is finished, safe, accessible, and provided with all reasonable expected services and amenities, and separated from remaining additional construction activity. Subject to approval of the Director of Community Development, the completion of landscaping may be deferred due to inclement weather with the posting of a bond for the value of the deferred landscaping and associated improvements. 30. Air Conditioning Units. Air conditioning units B Occupancy Building and ventilation ducts shall be screened from of Unit public view with materials compatible to the main building. Units shall be permanently installed on concrete pads or other non-movable materials to approved by the Building Official and Director of Community Development. 31. Temporary Fencing. Temporary Construction B Through Building fencing shall be installed along perimeter of all Completion work under construction. - 32. Green Building. The project shall meet the B Issuance of Building requirements of the CAL Green Building Building Standards Code in effect at the time of Permits permitting. This includes the addition of long term bicycle parking on the site. 33. Cool Roofs. Flat roof areas shall have their B Through Building roofing material coated with light colored gravel Completion or painted with light colored or reflective material designed for Cool Roofs. 34. Electronic File. The applicant/developer shall B Issuance of Building submit all building drawings and specifications for Building this project in an electronic format to the Permits satisfaction of the Building Official prior to the 10 of 19 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. 35. Copies of Approved Plans. Applicant shall B 30 days Building provide the City with 4 reduced (1/2 size) copies after permit of the approved plan. and each revision issuance 36. Plumbing Fixture Counts. Plumbing fixture B Issuance of Building counts shall meet the requirements of table 4-1 of Building the CA Plumbing Code. Permits FIRE 37. Fire Alarm (detection) System Required. A Fire Alarm-Detection System shall be installed throughout the building so as to provide full property protection, including combustible concealed spaces, as required by NFPA 72. The system shall be installed in accordance with NPFA 72, Ca Fire, Building, Electrical, and Mechanical Codes. If the system is intended to serve as an evacuation system, compliance with the horn/strobe requirements for the entire building must also be met. All automatic fire extinguishing systems shall be interconnected to the fire alarm system so as to activate an alarm if activated and to monitor control valves. 38. Gate Approvals. Fencing and gates that cross pedestrian access and exit paths as well as vehicle entrance and exit roads need to be approved for fire department access and egress as well as exiting provisions where such is applicable. Plans need to be submitted that clearly show the fencing and gates and details of such. This should be clearly incorporated as part of the site plan with details provided as necessary. PUBLIC WORKS 39. Clarifications and Changes to the Conditions. PW Approval of Public In the event that there needs to be clarification to Improveme Works these Conditions of Approval, the Directors of nt Plans Community Development and Public Works have the authority to clarify the intent of these Conditions of Approval to the Applicant/ Developer by a written document signed by the 11 of 19 Directors of Community Development and Public Works and placed in the project file. The Directors also have the authority to make minor modifications to these conditions without going to a public hearing in order for the Applicant to fulfill needed improvements or mitigations resulting from impacts of this project. 40. Standard Public Works Conditions of PW Approval of Public Approval. Applicant/Developer shall comply with Improveme Works all applicable City of Dublin Public Works nt Plans Standard Conditions of Approval. In the event of a conflict between the Public Works Standard Conditions of Approval and these Conditions, these Conditions shall prevail. 41. Hold Harmless/Indemnification. The Developer PW Through Public shall defend, indemnify, and hold harmless the completion Works City of Dublin and its agents, officers, and of Improve- employees from any claim, action, or proceeding ments and against the City of Dublin or its advisory agency, Occupancy appeal board, Planning Commission, City of the Council, Community Development Director, Building Zoning Administrator, or any other department, committee, or agency of the City to the extend 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. 42. Grading/Sitework Permit. All improvement PW Issuance of Public work must be performed per a Grading/Sitework Grading/ Works Permit issued by the Public Works Department. Sitework Said permit will be based on the final set of civil Permit 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. 12 of 19 43. Site Plan. On-site improvements shall be PW Issuance of Public designed in accordance with the approved site Grading/ Works plan, entitled "Dublin Preschool" by William Wood Sitework Architects. Permit 44. Accessible Path of Travel. Applicant shall PW Issuance of Public provide an accessible path of travel/walkway Grading/ Works from the public sidewalk on Amador Valley Sitework Boulevard to the building entrance per California Permit Building Code requirements. Said walkway shall be 4'-minimum wide. 45. Vehicle Parking. Applicant should repair any PW Occupancy Public distressed areas of pavement obstructing the Works path of travel. The parking spaces striping that is in poor condition shall be re-striped. All parking spaces shall be double striped using 4" white lines set approximately 2 feet apart according to City standards and §8.76.070 (A) 17 of the Dublin Municipal Code. All compact-sized parking spaces shall have the word "COMPACT" stenciled on the pavement within each space. 12"-wide concrete step-out curbs shall be constructed at each parking space where one or both sides abuts a landscaped area or planter. 46. Site Accessibility Requirements. All parking PW Occupancy Public spaces for the disabled and other physical site Works improvements shall comply with current UBC Title 24 requirements and City of Dublin Standards for accessibility. 47. 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. 48. Signs and Pavement Markings. The Applicant/ PW Occupancy Public Developer shall be responsible for the following Works on-site traffic signs and pavement markings: 1. Accessible parking signs and legends per State Title 24 requirements. 2. The word "Compact" shall be stenciled on the pavement surface within each compact parking space. 3. No Stopping/Fire Lane 49. 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: 13 of 19 1. Lighting for the building and parking lot shall be adequate for safety and security. Exterior lighting shall be provided for building entrances/exits and pedestrian walkways. Security lighting shall be provided as required by Dublin Police. 2. 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. 3. All fire hydrants for the building shall be operable and easily accessible to City and ACFD personnel. 4. All site features designed to serve the disabled (i.e. H/C parking stalls, accessible walkways, signage, etc.) for the building shall be installed and fully functional. 50. Stormwater Runoff Calculations. Applicant/ PW Issuance of Public Developer shall provide the stormwater runoff, Grading/ Works conveyance and treatment details. The Sitework calculations shall demonstrate adequate capacity Permit in the existing storm drainage retention basin. Stormwater treatment design shall comply with the C-3 Stormwater Technical Guidance issued by Alameda Countywide Clean Water Program. Runoff from landscape areas shall not drain across sidewalk areas. _ 51. Changes to the SDR Submittal Plans. The PW Issuance of Public following comments will need to be addressed Grading/ Works prior to future plan check submittal: Sitework 1. Parking Stall 11 has 3'9" of space for a Permit backing maneuver adjacent to the parking space. The City standard is 5': change Parking Stall 11 to a Compact stall and provide 5' east of the parking space to provide adequate backup space. 2. The accessible path of travel to the Trash enclosure will cross behind Parking Stall 17: change location of curb ramp. 3. Truncated domes will be required in front of parking stalls 11-17. 4. Provide signage and striping for Fire Lane. 5. Provide access the existing transformer. 14 of 19 6. Possible conflict with 6" SD on east side of building and existing joint trench to existing transformer. 7. Possible conflict with SS lateral to building and existing joint trench near transformer. 8. Tree planting at east PL will be over 6" SD to treatment pond. 9. Provide outlet protection for SD pipes into treatment pond. 52. Erosion Control During Construction. PW Issuance of Public Applicant/Developer shall include an Erosion and Grading/ Works Sediment Control Plan with the Grading and Sitework Improvement plans for review and approval by Permit and the City Engineer/Public Works Director. Said during plan shall be designed, implemented, and construc- continually maintained pursuant to the City's tion. 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. 53. Construction Hours. Construction and grading PW During Public operations shall be limited to weekdays (Monday Construction Works through Friday) and non-City holidays between the hours of 7:30 a.m. and 5:00 p.m. The Applicant/Developer may request permission to work on Saturdays and/or holidays between the hours of 8:30 am and 5:00 pm by submitting a request form to the City Engineer no later than 5:00 pm the prior Wednesday. Overtime inspection rates will apply for all Saturday and/or holiday work. 54. Temporary Fencing. Temporary Construction PW During Public fencing shall be installed along perimeter of all Construction Works work under construction to separate the and construction operation from the public. All Occupancy 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 by the City Engineer/Public Works Director. 55. Construction Noise Management Plan. PW During Public Developer shall prepare a Construction Noise Construc- Works Management Plan, to be approved by the City tion and Engineer and Community Development Director Grading that identifies measures to be taken to minimize Activities 15 of 19 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 and specifications. 56. 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. The Developer shall repair/replace existing sidewalk and tree wells along the frontage of the Project on Amador Valley Boulevard as directed by the City Engineer. 57. Fees. The Applicant shall pay all applicable fees PW Issuance of Public in effect at the time of building permit issuance, Building Works including, but not limited to: Planning fees; Permit Building fees; Dublin San Ramon Services District fees; Public Facilities fees; City of Dublin Fire fees; Noise Mitigation fees; Inclusionary Housing In-Lieu fees; Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; and any other fees as noted in the Development Agreement. 58. Lighting. The Applicant/Developer shall prepare PW Occupancy Public a photometric plan to the satisfaction of the City Works Engineer, Director of Community Development, the City's Consulting Landscape Architect and Dublin Police Services. A minimum of one foot- candle of light shall be provided and maintained across the surface of the parking lot. Any illumination, including security lighting, shall be directed away from adjoining properties, businesses or vehicular traffic so as not to cause any glare." 59. Geotechnical Report and Recommendations. PW Issuance of Public The Applicant/Developer shall provide a site Building Works specific geotechnical report prepared by a Permit reputable geotechnical engineer. The Geotechnical Engineer shall certify that the project design conforms to the report recommendations prior to issuance of a Grading/Sitework Permit or Building Permit. All report recommendations shall be followed during the course of grading and construction. 16 of 19 60. Environmental Site Assessment. According to PW Occupancy Public the environmental assessment report prepared Works by Clayton Group Services, Inc. dated 05/30/03, four underground fuel storage tanks (UST) were closed and removed from the site according to Alameda County Department of Environmental Health (ACDEH) requirements and protocols. If, during construction of the Project, presently- unknown hazardous materials are discovered, the Applicant/Developer shall adhere to the requirements of ACDEH, the Fire Marshal, the City, and/or other applicable agency to mitigate the hazard before continuing. Furthermore the report insists that the Applicant/Developer shall monitor and address any hydrocarbons residual found in the soil during excavation/trenching. 61. Storm Drain Lines. Proposed storm drain lines PW Issuance of Public and bio-retention areas within the existing Public Grading Works Services Easement areas shall be subject to Permit approval of the affected utility companies. The contractor shall pothole and determine locations of utilities within the joint trench and submit design to the City and utility companies for approval. POLICE 62. Security Requirements. Applicant shall comply PO Occupancy Police with the Dublin Municipal Code Security Requirements. DUBLIN SAN RAMON SERVICES DISTRICT(DSRSD) 63. Prior to issuance of any building permit, complete DSR Issuance of DSRSD improvement plans shall be submitted to DSRSD permits that conform to the requirements of the Dublin San Ramon Services District Code, the DSRSD "Standard Procedures, Specifications and Drawings for Design and Installation of Water and Wastewater Facilities", all applicable DSRSD Master Plans and all DSRSD policies. 64. Domestic and fire protection waterline systems DSR Issuance of DSRSD for Tracts or Commercial Developments shall be permits designed to be looped or interconnected to avoid dead end sections in accordance with requirements of the DSRSD Standard Specifications and sound engineering practice. 65. DSRSD policy requires public water and sewer DSR Issuance of DSRSD lines to be located in public streets rather than in permits off-street locations to the fullest extent possible. If unavoidable, then public sewer or water easements must be established over the 17 of 19 alignment of each public sewer or water line in an off-street or private street location to provide access for future maintenance and/or replacement. 66. Prior to approval by the City of a grading permit DSR Issuance of DSRSD or a site development permit, the locations and permits widths of all proposed easement dedications for water and sewer lines shall be submitted to and approved by DSRSD. 67. All easement dedications for DSRSD facilities DSR Issuance of DSRSD shall be by separate instrument irrevocably permits offered to DSRSD or by offer of dedication on the Final Map. 68. Prior to approval by the City for Recordation, the DSR Issuance of DSRSD Final Map shall be submitted to and approved by permits DSRSD for easement locations, widths, and restrictions. 69. Prior to issuance by the City of any Building DSR Issuance of DSRSD Permit or Construction Permit by the Dublin San permits Ramon Services District, whichever comes first, all utility connection fees including DSRSD and Zone 7, plan checking fees, inspection fees, 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. 70. Prior to issuance by the City of any Building DSR Issuance of DSRSD Permit or Construction Permit by the Dublin San permits Ramon Services District, whichever comes first, all improvement plans for DSRSD facilities shall be signed by the District Engineer. Each drawing 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 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 signature by the District Engineer. 71. No sewer line or waterline construction shall be DSR Issuance of DSRSD permitted unless the proper utility construction permits permit has been issued by DSRSD. A 18 of 19 construction permit will only be issued after all of the items in Condition No. 9 have been satisfied. _ 72. The applicant shall hold DSRSD, its Board of DSR On-going DSRSD Directors, commissions, employees, and agents of DSRSD harmless and indemnify and defend the same from any litigation, claims, or fines resulting from the construction and completion of the project. 73. Improvement plans shall include recycled water DSR Issuance of DSRSD improvements as required by DSRSD. Services permits for landscape irrigation shall connect to recycled water mains. Applicant must obtain a copy of the DSRSD Recycled Water Use Guidelines and conform to the requirements therein. 74. This application is for construction of a daycare DSR Issuance of DSRSD facility in a currently vacant site. DSRSD will permits require a check of the plans by DSRSD. Water and sewer capacity charges will be required. Exact charges for this specific application will be calculated at the time of the plan check. PASSED, APPROVED AND ADOPTED this 14th day of August 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Assistant Community Development Director 19 of 19 Attachment A CITY OF DUBLIN PUBLIC WORKS STANDARD CONDITIONS OF APPROVAL November 18, 2004 GENERAL: 1. The Developer shall comply with the Subdivision Map Act, the City of Dublin Subdivision, Zoning, and Grading 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. All public improvements constructed by Developer and to be dedicated to the City are hereby identified as "public works" under Labor Code section 1771. Accordingly, Developer, in constructing such improvements, shall comply with the Prevailing Wage Law (Labor Code. Sects. 1720 and following) 2. The Developer shall defend, indemnify, and hold harmless the City of Dublin and its agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to attack, set 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 related to this project to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however,that The 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. 3. Any water well, cathodic protection well, or exploratory boring on the project property must be properly abandoned, backfilled, or maintained in accordance with applicable groundwater protection ordinances. For additional information contact Alameda County Flood Control, Zone 7. AGREEMENT AND BONDS: 4. The Developer shall enter into a Tract Improvement Agreement with the City for all tract improvements. 5. The Developer shall provide performance (100%), and labor & material (100%) securities to guarantee the tract improvements, approved by the City Engineer, prior to execution of the Tract Improvement Agreement and approval of the Final Map. (Note: Upon acceptance of the improvements, the performance security may be replaced with a maintenance bond that is 25% of the value of the performance security.) November 18, 2004 Page 1 of 6 FEES: 6. The Developer shall pay all applicable fees in effect at the time of building permit issuance including, but not limited to, Planning fees, Building fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees, Public Works Traffic Impact fees, Alameda County Fire Services fees; Noise Mitigation fees, Inclusionary Housing In- Lieu fees; Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; and any other fees as noted in the Development Agreement. 7. The Developer shall dedicate parkland or pay in-lieu fees in the amounts and at the times set forth in City of Dublin Resolution No. 60-99, or in any resolution revising these amounts. and as implemented by the Administrative Guidelines adopted by Resolution 195-99. PERMITS: 8. Developer shall obtain an Encroachment Permit from the Public Works Department for all construction activity within the public right-of-way of any street where the City has accepted the improvements. At the discretion of the City Engineer an encroachment for work specifically included in an Improvement Agreement may not be required. 9. Developer shall obtain a Grading / Sitework Permit from the Public Works Department for all private grading and site improvements. 10. Developer shall obtain all permits required by other agencies including, but not limited to Alameda County Flood Control and 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. SUBMITTALS: 11. All submittals of plans and Final Maps shall comply with the requirements of the "City of Dublin Public Works Department Improvement Plan Submittal Requirements", and the "City of Dublin Improvement Plan Review Check List". 12. The Developer will be responsible for submittals and reviews to obtain the approvals of all participating non-City agencies. The Alameda County Fire Department and the Dublin San Ramon Services District shall approve and sign the Improvement Plans. 13. Developer shall submit a Geotechnical Report, which includes street pavement sections and grading recommendations. 14. Developer shall provide the Public Works Department a digital vectorized file of the "master" files for the project when the Final Map has been approved. Digital raster copies are not acceptable. The digital vectorized files shall be in AutoCAD 14 or higher drawing format. Drawing units shall be decimal with the precision of the Final Map. All objects and entities in layers shall be colored November 18, 2004 Page 2 of 6 by layer and named in English. All submitted drawings shall use the Global Coordinate System of USA, California, NAD 83 California State Plane, Zone III, and U.S. foot. FINAL MAP: 15. The Final Map shall be substantially in accordance with the Tentative Map approved with this application, unless otherwise modified by these conditions. 16. All rights-of-way and easement dedications required by the Tentative Map including the Public Service Easement shall be shown on the Final Map. 17. Street names shall be assigned to each public/private street pursuant to Municipal Code Chapter 7.08. The Developer shall propose a list of preferred and alternate street names for review and approval by the City and all interested outside agencies. Street names must not match or be closely similar to existing street names within Alameda County. The approved street names shall be indicated on the Final Map. EASEMENTS: 18. The Developer shall grant to the City of Dublin easements for traffic signal detectors, boxes conduit, etc. at all private streets and driveways entrances that will be signalized. 19. The Developer shall obtain abandonment from all applicable public agencies of existing easements and right of ways that will no longer be used. 20. The Developer shall acquire easements, and/or obtain rights-of-entry from the adjacent property owners for any improvements on their property. The easements and/or rights-of-entry shall be in writing and copies furnished to the City Engineer. 21. All public sidewalks must be within City right-of-way or in a pedestrian access easement unless approved by the City Engineer. GRADING PLANS: 22. The Grading Plan shall be in conformance with the recommendations of the Geotechnical Report, the approved Tentative Map and/or Site Development Review, and the City design standards & ordinances. In case of conflict between the soil engineer's recommendations and City ordinances, the City Engineer shall determine which shall apply. 23. A detailed Erosion Control Plan shall be included with the Grading Plan approval. The plan shall include detailed design, location, and maintenance criteria of all erosion and sedimentation control measures. November 18, 2004 Page 3 of 6 IMPROVEMENTS: 24. The public improvements shall be constructed generally as shown on the Tentative Map and/or Site Development Review. However, the approval of the Tentative Map and/or Site Development Review is not an approval of the specific design of the drainage, sanitary sewer, water, traffic circulation, and street improvements. 25. All public improvements shall conform to the City of Dublin Standard Plans and design requirements and as approved by the City Engineer. 26. The Developer shall install all traffic signs and pavement marking as required by the City Engineer. 27. Developer shall construct all potable and recycled water and sanitary sewer facilities required to serve the project in accordance with DSRSD master plans, standards, specifications and requirements. 28. Fire hydrant locations shall be approved by the Alameda County Fire Department. A raised reflector blue traffic marker shall be installed in the street opposite each hydrant. 29. Street light standards and luminaries shall be designed and installed per approval of the City Engineer. The maximum voltage drop for streetlights is 5%. 30. All new traffic signals shall be interconnected with other new signals within the development and to the existing City traffic signal system by hard wire. 31. Two empty 3" conduits with pull ropes, to accommodate future extension of the traffic interconnect system and for School District uses, shall be installed along any project arterial street frontage. The extent of this work to be determined by the City Engineer. 32. The Developer shall construct bus stops and shelters at the locations designated and approved by the LAVTA and the City Engineer. The Developer shall pay the cost of procuring and installing these improvements. 33. The Developer shall furnish and install City Standard street name signs for the project as required by the City Engineer. 34. Street trees, of at least a 24" box size, shall be planted along the street frontages. The varieties and locations of the trees to be approved by the Community Development Director and City Engineer. 35. Any decorative pavement installed within City right-of-way requires approval of the City Engineer. Where decorative paving is installed in public streets, pre-formed traffic signal loops and sleeves to accommodate future utilities shall put under the decorative pavement. November 18, 2004 Page 4 of 6 Maintenance costs of the decorative paving shall be included in a landscape and lighting maintenance assessment district or other funding mechanism acceptable to the City Engineer. 36. Roof drainage shall drain across bio-swales or into bio-filters prior to entering the storm drain system. The landscaping and drainage improvements in the bio-swale and bio-filters shall be appropriate for water quality treatment. The City Engineer may exempt specific roof leaders from this requirement if space limitations prevent adequate water treatment without creating hazards, nuisance or structural concerns. Concentrated flows will not be allowed to drain across public sidewalks. 37. Developer shall construct gas, electric, cable TV and communication improvements within the fronting streets and as necessary to serve the project and the future adjacent parcels as approved by the City Engineer and the various Public Utility agencies. 38. All electrical, gas, telephone, and Cable TV utilities, shall be underground in 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. 39. All utility vaults, boxes and structures, unless specifically approved otherwise by the City Engineer, shall be underground and placed in landscape areas and screened from public view. All utility vaults, boxes and structures shall be shown on landscape plans and approved by the City Engineer and Community Development Director prior to construction. CONSTRUCTION: 40. The Erosion Control Plan shall be implemented between October 15th and April 15th unless otherwise allowed in writing by the City Engineer. The Developer will be responsible for maintaining erosion and sediment control measures for one year following the City's acceptance of the subdivision improvements. 41. If archaeological materials are encountered during construction, construction within 100 feet of these materials shall be halted until a professional Archaeologist 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 appropriate mitigation measures. 42. Construction activities, including the maintenance and warming of equipment, shall be limited to Monday through Friday, and non-City holidays, between the hours of 7:30 a.m. and 5:30 p.m. except as otherwise approved by the City Engineer. 43. Developer shall prepare a construction noise management plan 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 and specifications. November 18, 2004 Page 5 of 6 II 44. Developer shall prepare a plan for construction traffic interface with public traffic on any existing public street. Construction traffic and parking may be subject to specific requirements by the City Engineer. 45. The Developer shall be responsible for controlling any rodent, mosquito, or other pest problem due to construction activities. 46. The Developer shall be responsible for watering or other dust-palliative measures to control dust as conditions warrant or as directed by the City Engineer. 47. The Developer shall provide the Public Works Department with a letter from a registered civil engineer or surveyor stating that the building pads have been graded to within 0.1 feet of the grades shown on the approved Grading Plans, and that the top &toe of banks and retaining walls are at the locations and/or Site Development Review shown on the approved Grading Plans. NPDES: 48. Prior to any clearing or grading, the Developer shall provide the City evidence that a Notice of Intent (NO1) has been sent to the California State Water Resources Control Board 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. 49. The Storm Water Pollution Prevention Program (SWPPP) for the operation and maintenance of the project shall identify the Best Management Practices (BMPs) appropriate to the 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. 50. The Developer is responsible for ensuring that all contractors implement all storm water pollution prevention measures in the SWPPP. 51. Developer shall enter into an agreement with the City of Dublin that guarantees the perpetual maintenance obligation for all storm water treatment measures installed as part of the project. Said agreement is required pursuant to Provision C.3.e.ii of RWQCB Order R2-2003-0021 for the issuance 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. November 18, 2004 Page 6 of 6