HomeMy WebLinkAbout8.2 Attch 3 Reso SDR RESOLUTION NO. 12 -XX
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING SITE DEVELOPMENT REVIEW FOR THE REMOVAL OF FOUR PINE TREES,
AND THE INSTALLATION OF NEW LANDSCAPING AND SITE IMPROVEMENTS AT THE
CITIBANK FINANCIAL CENTER AT 7889 DUBLIN BOULEVARD
(APN 941-0035-018-00)
PLPA-2012-00034
WHEREAS, Mike Wasden of Pavement Engineering Inc. (Applicant) and Micah Stevens
of Citibank (Property Owner), have requested Site Development Review approval for the
removal of four pine trees, and the installation of new landscaping and site improvements (the
"Project"); and
WHEREAS, the Project is located in the Downtown Dublin Zoning District, and has a
General Plan and Downtown Dublin Specific Plan Land Use designation of Downtown Dublin-
Retail District, and which permits Banks and Financial Services uses; and
WHEREAS, in accordance with Section 8.30.040 of the Dublin Municipal Code, Site
Development Review is required for all development in the Downtown Dublin Zoning District;
and
WHEREAS, in accordance with Section 8.96.020.C.1 of the Dublin Municipal Code, the
Director of Community Development may transfer original hearing jurisdiction to the Planning
Commission at his/her discretion because of policy implications, unique or unusual
circumstances, or the magnitude of the project; and
WHEREAS, said original hearing jurisdiction was transferred to the Planning Commission
by the Director of Community Development due to the size, age, and prominent location of the
trees proposed for removal; and
WHEREAS, the California Environmental Quality Act (CEQA), together with State
Guidelines and City Environmental Regulations require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared; and
WHEREAS, pursuant to the CEQA, Staff is recommending that the Planning Commission
find this project Categorically Exempt from CEQA, pursuant to CEQA Guidelines Section 15301
(Existing Facilities involving negligible or no expansion of an existing use); and
WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission
recommending approval of the Site Development Review request; and
WHEREAS, the Planning Commission held a public hearing on said application on
September 25, 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 Site Development
Review:
A. The proposal is consistent with the purposes of Chapter 8.104 (Site Development
Review), 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 adjoining commercial
property with which it shares driveway access; 2) the Project will include the removal of
mature trees that are a danger to persons and property, and replace them with new trees
and landscaping that are more appropriate in scale; and 3) the Project will repair and
improve the site in terms of the parking lot, driveways, and accessibility.
B. The proposal is consistent with the provisions of Title 8, Zoning Ordinance in that: 1)
Banks and Financial Services are a permitted use in the Downtown Dublin Zoning
District; 2) the Project requires Site Development Review and a complete application has
been filed; and 3) the overall design of the Project includes plant material that is
consistent with and complementary to surrounding properties.
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
landscaping that complements the adjoining commercial property; 2) the Project will
result in landscaping that is more appropriately scaled to the site; and 3) adequate
access to the site is provided from shared driveways on Dublin Boulevard and Regional
Street.
D. The subject site is physically suitable for the type and intensity of the approved
development in that: 1) the site has been designed for Banks and Financial Services
uses; 2) access to the site is provided from Dublin Boulevard and Regional Street, which
are existing roadways; 3) the proposed landscaping modifications and related site
improvements result in no expansion of the use; and 4) the proposed replacement
landscaping will be appropriately sized for the existing landscape planters.
E. Impacts to existing slopes and topographic features are addressed in that: 1) the Project
is located on a fully developed site that is generally flat.
F. Architectural considerations including the character, scale and quality of the design, site
layout, the architectural relationship with the site and other buildings, screening of
unsightly uses, lighting, building materials and colors and similar elements result in a
project that is harmonious with its surroundings and compatible with other development in
the vicinity in that: 1) the Project has been designed with landscaping that complements
the adjacent and surrounding commercial properties; 2) the Project will provide
landscaped buffers along the perimeter of the parking area; and 3) the Project will result
in landscaping that is appropriately scaled to the site.
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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 has been designed with landscaping that complements the adjoining and
surrounding commercial properties; 2) the Project will result in landscaping that is
appropriately scaled to the site; and 3) the Project includes a variety of tree and plant
species that will create a visually attractive buffer around the parking area perimeter.
H. The site has been adequately designed to ensure proper circulation for bicyclists,
pedestrians and automobiles in that: 1) access to the site is currently provided from
driveways on Dublin Boulevard and Regional Street; 2) removal of the four pine trees will
reduce the risk of damage or injury, and facilitate circulation; and 3) the Project consists
of site improvements that include new pavement and walkway surfaces, and the
installation of detectable warning surfaces at parking lot edges.
BE IT FURTHER RESOLVED that the Planning Commission does hereby approve a Site
Development Review for the Citibank Financial Center project at 7889 Dublin Boulevard as
shown on the Project Plans date-stamped received by Dublin Planning on August 21, 2012, and
incorporated herein 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; [P0] 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. When
CONDITIONS OF APPROVAL Agency Required, Source
Prior to:
GENERAL
1. Approval. This Site Development Review PL On-going Standard
approval is for the removal of four (4) pine
trees, and associated replacement
landscape and site improvements at 7889
Dublin Boulevard PLPA-2012-00034. This
approval shall be as generally depicted and
indicated on the plans prepared by
Pavement Engineering Inc. dated received
August 21, 2012, on file in the Community
Development Department and as specified
by the following Conditions of Approval for
this project.
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2. Effective Date. This Site Development PL On-going Standard
Review approval becomes effective 10 days
after action by the Planning Commission (10
days after the date of this Resolution).
3. Permit Expiration. Construction or use PL One year of DMC
shall commence within one (1) year of Permit approval date 8.96.020.D
approval or the Permit shall lapse and
become null and void. Commencement of
construction or use means the actual
construction or use pursuant to the Permit
approval or demonstrating substantial
progress toward commencing such
construction or use. If there is a dispute as
to whether the Permit has expired, the City
may hold a noticed public hearing to
determine the matter. Such a determination
may be processed concurrently with
revocation proceedings in appropriate
circumstances. If a Permit expires, a new
application must be made and processed
according to the requirements of this
Ordinance.
4. Time Extension. The original approving PL One year of DMC
decision-maker may, upon the Applicant's approval date 8.96.020.E
written request for an extension of approval
prior to expiration, and upon the
determination that any 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 (SDR). Modifications or PL On-going DMC
changes to this Site Development Review 8.104
approval may be considered by the
Community Development Director if the
modifications or changes proposed comply
with Section 8.104 of the Zoning Ordinance.
6. Revocation of Permit. The Site PL On-going DMC
Development Review approval shall be 8.96.020.1
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. Property Maintenance. The Applicant PL Completion DMC
and/or Pro•ert Owner shall kee• the and On-•oin• 5.64
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property maintained in a safe, clean and
litter-free condition at all times.
8. Requirements and Standard Conditions. Various Issuance of Standard
The Applicant/ Developer shall comply with Building
applicable City of Dublin Fire Prevention Permits
Bureau, Dublin Public Works Department,
Dublin Building Division, 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 obtain any necessary
permits or approvals provided from each
such agency or department.
9. Fees. The Developer shall pay all applicable Various Issuance of Standard
fees in effect at the time of building permit Building
issuance including, but not limited to, Permits and
Planning fees, Building fees, Dublin San Ongoing
Ramon Services District fees, Public
Facilities fees, Dublin Unified School District
School Impact fees, Public Works Traffic
Impact fees, City of Dublin 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.
10. Hold Harmless/Indemnification. The ADM Through Standard
Developer shall defend, indemnify, and hold Completion
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
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
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promptly notifying the Developer of any said
claim, action, or proceeding and the City's
full cooperation in the defense of such
actions or proceedings
11. Controlling Activities. The Applicant / PL On-going Standard
Developer shall control all activities on the
project site so as not to create a nuisance to
the existing or surrounding businesses.
PLANNING
12. Final Inspection. The Applicant shall call for PL Completion Planning
a Final Inspection from the Planning Division
upon completion of the Project.
13. Maintenance of Landscaping. All on-site PL On-going Planning
landscaping shall be irrigated, fertilized,
weeded, and tended to on a regular basis
such that it maintains a healthy and weed-
free appearance. All plants and/or trees
shall be replaced in kind as per the approved
plan at such time they are found to be
missing, diseased, damaged, or dead.
14. Visual Surveillance/Security. All new PL Completion Planning
shrubs and trees, at maturity, shall be and On-going
maintained to provide visual surveillance and
so as not to interfere with lighting or security
cameras. A maximum height of 2-feet for
shrubs and a minimum tree canopy height of
6-feet shall be maintained at all times.
PUBLIC WORKS
15. Standard Public Works Conditions of PW Prior to Public
Approval. Applicant/Developer shall comply Approval of Works
with all applicable City of Dublin Public Improvement
Works Standard Conditions of Approval Plans
(attached as Exhibit A). In the event of a
conflict between the Public Works Standard
Conditions of Approval and these Conditions,
these Conditions shall prevail.
PASSED, APPROVED AND ADOPTED this 25th day of September 2012 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chair
ATTEST:
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Acting Community Development Director
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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.)
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
November 18, 2004 EXHIBIT A TO Page 1 of 6
ATTACHMENT 3
II
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 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:
November 18, 2004 Page 2 of 6
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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, andior 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 td the City Engineer.
21. All public sidewalks must be within City right-4f-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/o( 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.
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.
November 18, 2004 Page 3 of 6
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. 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.
November 18, 2004 Page 4 of 6
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.
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.
November 18, 2004 Page 5 of 6
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 (NOI) 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.
G:\DEVELOP\STANDARD CONDITIONS OF APPROVAL\PW STANDARD COAS.DOC
November 18, 2004 Page 6 of 6