HomeMy WebLinkAboutReso 175-12 Day Care CUP Conditions RESOLUTION NO. 175 - 12
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
REVERSING THE PLANNING COMMISSION'S ADOPTION OF RESOLUTION 12-31 AND
APPROVING A CONDITIONAL USE PERMIT AND SITE DEVELOPOMENT REVIEW PERMIT
WITH ADDITIONAL CONDITIONS OF APPROVAL 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, a Staff Report was submitted to the City of Dublin Planning Commission
recommending approval of the Conditional Use Permit and Site Development Review request
which report is incorporated herein by reference; 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
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; and
WHEREAS, the Planning Commission adopted Resolution 12-31 denying a Conditional
Use Permit and Site Development Review Permit for the construction and operation of a Day
Care Center at 7250 Amador Valley Blvd which Resolution is incorporated herein by reference;
and
WHEREAS, the Applicant, Zhen Zhen Li, filed a timely appeal of the Planning
Commission's decision to the City Council; and
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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
WHEREAS, pursuant to the CEQA, Staff is recommending that the City Council 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 City Council
recommending reversal of the Planning Commission's denial and recommending approval of the
Conditional Use Permit and Site Development Review request with additional conditions of
approval which report is incorporated herein by reference; and
WHEREAS, the City Council held a public hearing on said application on October 2, 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
WHEREAS, the City Council 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 City Council 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
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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
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 City Council 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
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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 and Downtown
Dublin Zoning District.
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
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
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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 City Council 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.
BE IT FURTHER RESOLVED that based on the findings above and whole of the record
for the project, the City of Dublin City Council 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
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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
upon approval by the City Council.
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
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.
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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
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 .
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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 litter free n, Through
condition during construction and through Completion
completion. Per the City of Dublin Non- and On-
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
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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.
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
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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
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.
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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
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
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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
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
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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.
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
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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:
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
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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.
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
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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
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
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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.
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
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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
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
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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
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.
OTHER
75. Restricted Parking Signs. The Applicant/ PL, PW Issuance of Planning,
Developer shall submit restricted parking signs to Building Public
the Planning Division for review and approval Permits Works
prior to the issuance of Building Permits. Said
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signs shall be placed at the Project entrance and
at the Project's parking spaces to notify motorists
that parking is restricted to preschool patrons and
preschool employees only Monday-Friday from
7:OOam-6:30pm. The exact location and number
of signs shall be determined by the Planning
Division and Public Works Department.
76. On-Street Parking along Amador Valley Blvd. PL, PW Issuance of Planning,
A 15-foot long red curb shall be painted along the Building Public
west side of the driveway along Amador Valley Permits Works
Blvd. Additionally, all on-street parking spaces on
Amador Valley Blvd shall be marked with "T"s to
ensure that the maximum number of parking
spaces remains available at all times.
77. Deleted.
78. Additional Landscaping. The Applicant/ PL Issuance of Planning
Developer shall provide a minimum 3-foot wide Building
landscape planter for the planting of dense Permits
shrubs along those areas of the outdoor play
area fence that are adjacent to parking spaces.
Said planter shall be included in a Final
Landscape and Irrigation Plan and submitted to
the Planning Division for review and approval
prior to the issuance of Building Permits.
PASSED, APPROVED AND ADOPTED this 2nd day of October 2012 by the following
vote:
AYES: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
Mayor
ATTEST:
1 G9/VI1 L r w
•
City Clerk
Reso No. 175-12, Adopted 10-2-12, Item 6.1
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