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HomeMy WebLinkAbout8.1 Attch 3 Reso Appr'vg SDR RESOLUTION NO. 13- xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A SITE DEVELOPMENT REVIEW PERMIT FOR THE FIAT DEALERSHIP LOCATED AT 4300 JOHN MONEGO COURT (APN 986-0016-003) PLPA-2012-00057 WHEREAS, the Applicant, Inder Dosanjh, has requested approval of a Site Development Review Permit for the construction of a 13,130 square foot automobile dealership building and related improvements on approximately ±3.75 acres of land, located at on Parcel B of the General Motors Auto Mall at 4300 John Monego Court; and WHEREAS, the Applicant has submitted project plans for the requested entitlement prepared by MacKay & Somps and Avanessian Associates received by the Planning Division on January 17, 2013 and attached as Exhibit A to this Resolution, 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, the proposed project is an anticipated component of the larger General Motors Auto Mall project. The General Motors Auto Mall was previously determined to be within the scope of the Eastern Dublin Specific Plan and General Plan Amendment, for which a Program EIR was certified (SCH 91103064); therefore, the proposed project is within the scope of the Program and EIR and no further environmental analysis is required; and WHEREAS, a Staff Report was submitted to the Planning Commission on April 9, 2013 recommending approval of said application; and WHEREAS, the Planning Commission did hold a public hearing on said application on April 9, 2013; 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. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Dublin does hereby make the following findings and determinations regarding the proposed Site Development Review: ATTACHMENT 3 A. The proposed Fiat Dealership is consistent with the purposes of Chapter 8.104, Site Development Review, of the Zoning Ordinance, with the General Plan and with any applicable Specific Plans and design guidelines because: 1) the proposed project will be compatible with the surrounding area because the development is designed with respect to the adjacent properties which are designated for auto sale and services; 2) the proposed Project will enhance the property values of the existing site; 3) the proposed Project is well designed and is compatible with the surrounding area; 4) adequate vehicular and pedestrian access to the site will be provided; and 5) the Project includes the use of landscaping materials and high quality building materials consistent with the purpose of Chapter 8.104, Site Development Review. B. The proposal is consistent with the provisions of Title 8, Zoning Ordinance because: 1) the zoning for the site is PD (Planned Development) and the proposed dealership is a conditionally permitted use type; 2) the Site Development Review approval is subject to approval of a companion Conditional Use Permit to allow operation of an auto vehicle sales and service use; 3) the dealership, as conditioned, is compatible with surrounding uses; 4) the overall design of the Project is compatible with the neighborhood in which it is located; 5) the proposed use will have adequate parking to support the facility as required by Chapter 8.76, Off-Street Parking Regulations, and 6) the project is consistent with development standards of the PD 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 because: 1) the proposed Project site is located in an urbanized area that is currently developed with a variety of building types and uses; 2) adequate access is provided to the site from John Monego Court; 3) the site is currently developed with a dealership, the Project will allow for the sale, service and storage of vehicles which is consistent with the surrounding uses; and 4) as conditioned, the building will be operated in such a manner as to reduce impacts on the surrounding neighborhood. D. The subject site is physically suitable for the type and intensity of the approved development because: 1) the General Plan allows for General Commercial uses on the site such as the proposed AutomobileiVehicle Sales and Service facility, which is a conditional use in the PD, Planned Development Zoning District; 2) the Planned Development established development capacity for the General Motors Auto Mall; 3) the proposal is consistent with the anticipated development capacity for the overall General Motors Auto Mall site; 4) the building will have a maximum height of 26 feet which is compatible with the surrounding development; and 5) access to the site is from John Monego Court, which is an existing roadway. E. Impacts to existing slopes and topographic features are addressed because: the Project site is relatively flat. F. Architectural considerations including the character, scale and quality of the design, site layout, the architectural relationship with the site and other buildings, screening of unsightly uses, lighting, building materials and colors and similar elements result in a project that is harmonious with its surroundings and compatible with other development in the vicinity because: 1) the Project has been well designed to complement the surrounding neighborhood; 2) the scale of the building has been designed to be similar to 2 the surrounding buildings; and 3) as required by the conditions of approval, all HVAC equipment and all conduits or piping will be screened from view. G. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, and similar elements have been incorporated into the project to ensure visual relief, adequate screening and an attractive environment for the public because: 1) the existing landscaping was approved by the Planning Commission in October 2011 with the Site Development Review for the Kia; 2) the applicant proposes minor modifications to the existing landscaping, which includes replacing the no mow fescue on the northern property boundary with permeable pavers; 3) the site includes a variety of trees and shrubs throughout the site; 4) the site incorporates drought tolerant plant materials as required by the Zoning Ordinance; and 5) the project shall adhere to Chapter 8.88 of the Dublin Zoning Ordinance (Water Efficient Landscaping Regulations). H. The site has been adequately designed to ensure proper circulation for bicyclists, pedestrians and automobiles because: 1) access to the site will be provided from two driveways on John Monego Court; 2) the Project has been reviewed by the Public Works Department and the Fire Department and adequate access and circulation has been provided on-site; and 3) bicycle racks will be installed near the front of the building. BE IT FURTHER RESOLVED that the Planning Commission does hereby approve said application, Site Development Review for the Fiat Dealership, to construct a 13,130 square foot building, parking lot and related improvements located at 4300 John Monego Court as generally depicted in the Project Plans prepared by MacKay & Somps and Avanessian Associates received by the Planning Division on January 17, 2013, labeled Exhibit A to this Resolution, stamped approved, and on file with the Community Development Department, subject to the following conditions: CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use, and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [PL] Planning, [B] Building, [PO] Police, [PW] Public Works, [ADM] Administration/City Attorney, [FIN] Finance, [PCS] Parks and Community Services, [F] Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [LDD], Livermore Dublin Disposal, [CO] Alameda County Department of Environmental Health, [Zone 7], Alameda County Flood Control and Water Conservation District, Zone 7, [LAVTA], Livermore Amador Valley Transit Authority, [CHS], California Department of Health Services. CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: GENERAL SITE DEVELOPMENT REVIEW 1. Approval. This Site Development Review PL On-going Planning approval for the Fiat Dealership, PLPA-2012- 00057 establishes the detailed design concepts and regulations for the project. Development pursuant to this Site Development Review 3 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: generally shall conform to the project plans submitted by MacKay & Somps and Avanessian Associates received January 17, 2013, on file in the Community Development Department, and other plans, text, and diagrams relating to this Site Development Review, unless modified by the Conditions of Approval contained herein. 2. Effective Date. This Site Development Review PL On-going Planning approval is contingent upon the approval of the Conditional Use Permits to amend the General Motors Auto Mall Planned Development Zoning and to allow the operation of vehicles sales and service. 3. Permit Expiration. Construction or use shall PL One Year DMC commence within one (1) year of Permit After Effective 8.96.020.D approval or the Permit shall lapse and become Date null and void. 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 Prior to DMC decision-maker may, upon the Applicant's Expiration 8.96.020.E written request for an extension of approval prior Date to expiration, upon the determination that all Conditions of Approval remain adequate and all applicable findings of approval will continue to be met, grant an extension of the approval for a period not to exceed six (6) months. All-time extension requests shall be noticed and a public hearing shall be held before the original hearing body. 5. Compliance. The Applicant/Property Owner PL On-going DMC shall operate this use in compliance with the 8.96.020.F Conditions of Approval of this Site Development Review, the approved plans and the regulations established in the Zoning Ordinance. Any violation of the terms or conditions specified may be subject to enforcement action. 4 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 6. Revocation of Permit. The Site Development PL On-going DMC Review approval shall be revocable for cause in 8.96.020.1 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. Requirements and Standard Conditions. The Various Building Standard Applicant/ Developer shall comply with Permit applicable City of Dublin Fire Prevention Bureau, Issuance Dublin Public Works Department, Dublin Building Department, Dublin Police Services, Alameda County Flood Control District Zone 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Department of Health Services requirements and standard conditions. Prior to issuance of building permits or the installation of any improvements related to this project, the Developer shall supply written statements from each such agency or department to the Planning Department, indicating that all applicable conditions required have been or will be met. 8. Required Permits. Developer shall obtain all PW Building Standard permits required by other agencies including, but Permit not limited to Alameda County Flood Control and Issuance Water Conservation District Zone 7, California Department of Fish and Game, Army Corps of Engineers, Regional Water Quality Control Board, Caltrans and provide copies of the permits to the Public Works Department. 9. Fees. Applicant/Developer shall pay all Various Building Various applicable fees in effect at the time of building Permit permit issuance, including, but not limited to, Issuance Planning fees, Building fees, Traffic Impact Fees, TVTC fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees, Fire Facilities Impact fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; or any other fee that may be adopted and applicable. 5 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 10. Indemnification. The Developer shall defend, ADM On-going Administration/City indemnify, and hold harmless the City of Dublin Attorney 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 promptly notifying the Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. 11. Clarification of Conditions. In the event that PW On-going Public Works there needs to be clarification to the Conditions of Approval, the Director of Community Development and the City Engineer have the authority to clarify the intent of these Conditions of Approval to the Developer without going to a public hearing. The Director of Community Development and the City Engineer also have the authority to make minor modifications to these conditions without going to a public hearing in order for the Developer to fulfill needed improvements or mitigations resulting from impacts to this project. 12. Clean-up. The Applicant/Developer shall be PL On-going Planning responsible for clean-up & disposal of project related trash to maintain a safe, clean and litter- free site. 13. Modifications. Modifications or changes to this PL On-going DMC Site Development Review approval may be 8.104.100 considered by the Community Development Director if the modifications or changes proposed comply with Section 8.104.100 of the Zoning Ordinance. 14. Lighting. Lighting is required over exterior PL, PW Building Municipal Code entrances/doors including the service areas. Permit Exterior lighting used after daylight hours shall Issuance be adequate to provide for security needs. 6 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: PROJECT SPECIFIC 15. Equipment Screening. All electrical, fire risers PL Building Planning and/or mechanical equipment shall be screened Permit from public view. Any roof-mounted equipment Issuance shall be completely screened from view by materials architecturally compatible with the Through building and to the satisfaction of the Community Completion/ Development Director. The Building Permit plans On-going shall show the location of all equipment and screening for review and approval by the Director of Community Development. 16. Colors. The exterior paint colors of the PL Occupancy Planning buildings are subject to City review and approval. The Applicant shall paint a portion of the building the proposed colors for review and approval by the Director of Community Development prior to painting the buildings, whose approval shall not be unreasonably withheld. 17. Solid Waste and Recycling Enclosure Standards. The trash enclosure shall comply with the City of Dublin's Solid Waste and Recycling Enclosure Standards adopted by the City Council in June 2011. 18. Trash Enclosure. The trash enclosure shall be PL/PW Building Planning architecturally designed to be compatible with Permit the building. The doors must be designed with Issuance self-closing gates that can be locked closed and can also be held open with pin locks during loading. All trash bins used for this site shall be maintained within the trash bin enclosure(s) at all times. An area drain shall be installed within the trash enclosure with a connection to the sanitary sewer system. In addition, a hose bib shall be provided for convenient wash-down of the trash enclosure. The enclosure shall not obstruct access (24' min wide drive aisle) and shall have accessible route and entrance door. LANDSCAPING 19. Final Landscape and Irrigation Plans. Final PL Building DMC Landscape and Irrigation Plans prepared and Permit 8.72.030 stamped by a State licensed landscape architect Issuance 7 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: or registered engineer shall be submitted for review and approval by the City Engineer and the Community Development Director. Plans shall be generally consistent with the landscape plans prepared by Molly Duff, received by the Planning Division on January 17, 2013, except as modified by the Conditions listed below and as required by the Community Development Director. 20. Plant Species. Plant species shall be selected PL Building Planning according to use, sun/shade location and space Permit available. The landscape plan should include Issuance plant species that are not salt sensitive. Street trees shall be high branching and produce minimal litter. 21. Landscaping at Street/Drive Aisle PL Building Planning Intersections. Landscaping shall not obstruct Permit the sight distance of motorists, pedestrians or Issuance bicyclists. Except for trees, landscaping (and/or landscape structures such as walls) at drive aisle intersections shall not be taller than 30 inches above the curb. Landscaping shall be kept at a minimum height and fullness giving patrol officers and the general public surveillance capabilities of the area. 22. Standard Plant Material, Irrigation and PL Building DMC Maintenance Agreement. The Permit 8.72.050.13 Applicant/Developer shall complete and submit Issuance to the Dublin Planning Department the Standard Plant Material, Irrigation and Maintenance Agreement. 23. Plant Standards. All trees that are on the PL Occupancy Planning exterior building perimeter shall be 24" box minimum, with at least 30% at 36" box or greater; all shrubs shall be 5 gallon minimum. 24. Backflow Prevention Devices. The Landscape PL, PW, F Building Planning Plan shall show the location of all backflow Permit prevention devises. The location and screening Issuance of the backflow prevention devices shall be reviewed and approved by City staff. 25. Root Barriers and Tree Staking. The PL, PW Building Planning landscape plans shall provide details showing Permit 8 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: root barriers and tree staking will be installed Issuance which meet current City specifications. 26. Water Efficient Landscaping Ordinance. The PL Building DMC 8.88 Applicant/ Developer shall submit written Permit documentation to the City (in the form of a Issuance Landscape Documentation Package and other required documents) that the development conforms to the City's Water Efficient Landscaping Ordinance. 27. Shrubs. All shrubs shall be continuously PL On-going Planning maintained including pruning and regular watering. If at any time the shrubs in the parking lot or throughout the project site are damaged, missing, dead or dying, these shrubs shall be immediately replaced with the same species to the reasonable satisfaction of the Community Development Director. 28. Trees. The property owner shall continually PL On-going Planning maintain all trees shown on the approved Landscape Plans including replacing dead or dying trees with the same species, pruning and regular watering of the trees. Within five years and every five years thereafter, all trees which are to be installed in conjunction with this project shall show normal growth to the reasonable satisfaction of the Community Development Director. If the trees have not shown normal growth, the property owner shall replace the trees to the reasonable satisfaction of the Community Development Director. BUILDING — GENERAL 29. 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. 30. Building Permits. To apply for building permits, B Issuance of Building Applicant/Developer shall submit five (5) sets of Building 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 9 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 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. 31. 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. 32. Addressing. Addresses will be required on all B Occupancy doors leading to the exterior of the building. Addresses shall be illuminated and be able to be seen from the street and shall be 5 inches in minimum height. 33. 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. 34. Phased Occupancy. If occupancy is requested B Occupancy of Building to occur in phases, then all physical any affected improvements within each phase shall be building required to be completed prior to occupancy of 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 10 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 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 differed due to inclement weather with the posting of a bond for the value of the deferred landscaping and associated improvements. 35. Air Conditioning Units. Air conditioning units B, PL Occupancy Building and ventilation ducts shall be screened from public view with materials compatible to the main building. Units shall be permanently installed on concrete pads or other non-movable materials approved by the Building Official and Director of Community Development. 36. Temporary Fencing. Temporary construction B Through Building fencing shall be installed along the perimeter of Completion all work under construction. 37. 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. 38. Electronic File. The Applicant/Developer shall B First and Final Building submit all building drawings and specifications Inspection for this project in an electronic format to the 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. 39. Copies of Approved Plans. Applicant shall B 30 days after Building provide, upon request, City with 4 reduced (1/2 & each size) copies of the approved plan. revision issuance 11 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: FIRE — GENERAL CONDITIONS 40. Fire Codes. Project shall comply with the F On-going Fire applicable Building and Fire Codes. Site and Building plans shall be provided for review and approval by the Fire Department. 41. Fire Sprinkler. The structure will need to be F Building Fire equipped with a fire sprinkler system throughout. Permits 42. Permits. The applicant will need to obtain F On-going Fire specialty fire permits depending on the type of hazardous materials, flammable liquids, etc. that are on site. CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN 43. Security Requirements. The PL & B Issuance of Planning & Building Applicant/Developer shall comply with all Building applicable City of Dublin Non-Residential Permits Security requirements. On-going 44. Landscaping. In addition to the regulations PL & B On-going Planning & Building contained in the Non-Residential Building Security Requirements, shrubs and ground cover located adjacent to buildings, walkways and drive aisles shall not exceed 24-inches in height at full maturity. All existing and new trees shall maintain a minimum lower canopy clearance of 6-feet from finished grade except for perimeter landscaping 45. Employee Exit Doors. All employee exit doors PL & B Prior to Planning & Building shall be equipped with 180 degree viewers if Occupancy there is not a burglary resistant window panel in the door from which so scan the exterior. 46. Driveways. An effective method of securing the PL & B On-going Planning & Building driveway areas shall be incorporated. The driveway shall be secured during the hours the business is closed. 47. Graffiti. The Developer and/or Property Owner PL & B On-going Planning & Building shall keep the site clear of graffiti vandalism on a regular and continuous basis. 48. Transport Vehicles. The off-loading of carrier PL & B On-going Planning & Building transport vehicles shall occur on the project site. The off-loading is not permitted on the public street. 12 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 49. Exterior Doors. Exterior doors shall be marked PL & B Occupancy Planning & Building as to their purpose (mechanical room) or accessibility (exit only, employees only). 50. Security Plan. The Applicant shall submit a PL & B Occupancy Planning & Building security plan for the site. The plan shall include information on: alarm systems (type & locations), inventory control measures, key control procedures, methods for securing exit driveways, method for securing vehicles on display pads, employee safety/security training programs. 51. Business Site Emergency Response Card. PL & B Prior to Planning & Building Tenants shall complete a "Business Site Occupancy Emergency Response Card" and deliver it to the Community Development Department. PUBLIC WORKS — STANDARD CONDITIONS 52. Compliance. The Developer shall comply with PW On-going Public Works the City of Dublin 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. 53. Wells or Exploratory Boring. Any water well, PW Through Public Works cathodic protection well, or exploratory boring on Completion the project property must be properly abandoned, backfilled, or maintained in accordance with applicable groundwater protection ordinances. For additional information contact Zone 7. 54. Encroachment Permit. An encroachment PW On-going Public Works permit from the Public Works Department may be required for any work done within the public right-of-way even if covered under an Improvement A reement. 55. Easement Abandonment. The Developer shall PW Issuance of Public Works obtain abandonment from all applicable public Grading/ agencies of existing easements and right of Sitework ways that will no longer be used. Permit 56. Grading Plan. The Grading Plan shall be in PW Issuance of Public Works conformance with the recommendations of the Grading/ Geotechnical Report, the approved Tentative Sitework Map, and the City design standards & Permit ordinances. In case of conflict between the soil engineer's recommendations and City ordinances, the City Engineer shall determine which shall apply. 13 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 57. Public Improvements. All public improvements PW Issuance of Public Works shall conform to the City of Dublin Standard Grading/ Plans and design requirements and as approved Sitework by the City Engineer. Permit 58. Water and Sewer Facilities. Developer shall PW Issuance of Public Works construct all potable and recycled water and Grading/ sanitary sewer facilities required to serve the Sitework project in accordance with DSRSD master plans, Permit standards, specifications and requirements. 59. Fire Hydrants. Fire hydrant locations shall be PW Issuance of Public Works approved by the Alameda County Fire Grading/ Department. A raised reflector blue traffic Sitework marker shall be installed in the street opposite Permit each h drant. 60. Drainage. Roof drainage shall drain across bio- PW Issuance of Public Works swales or into bio-filters prior to entering the Building storm drain system. The landscaping and Permit drainage improvements in the bio-swale and bio- filters shall be appropriate for water quality treatment. Concentrated flows will not be allowed to drain across public sidewalks. 61. Underground Utilities. If the Applicant PW Occupancy Public Works proposes to underground existing 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. 62. Utility Vaults. To the maximum extent PL, PW Issuance of Public Works practicable, all utility vaults, boxes and structures Grading/ shall be underground and placed in landscape Sitework areas and screened from public view. All utility Permit vaults, boxes and structures shall be shown on landscape plans and approved by the City Engineer and Community Development Director prior to construction. PUBLIC WORKS — PROJECT SPECIFIC 63. Standard Public Works Conditions of PW On-going Public Works Approval. Applicant/Developer shall comply with all applicable City of Dublin Public Works 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. 64. Improvement and Grading Plans. All PW Issuance of Public Works improvement and grading plans submitted to Grading/ 14 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: the Public Works Department for Sitework review/approval shall be prepared in Permit accordance with the approved site plan, these Conditions of Approval, and the City of Dublin Municipal Code including Chapter 7.16 (Grading Ordinance). When submitting plans for review/approval, the Applicant/Developer shall also fill-out and submit a City of Dublin Improvement Plan Review Checklist (three 8- 1/2" x 11" pages). Said checklist includes necessary design criteria and other pertinent information to assure that plans are submitted in accordance with established City standards. The plans shall also reference the current City of Dublin Standard Plans (booklet), and shall include applicable City of Dublin Improvement Plan General Notes (three 8-1/2" x 11" pages). For on-site improvements, the Applicant/Developer shall adhere to the City's On-site Checklist (eight 8-1/2" x 11" pages). All of these reference documents are available from the Public Works Department (call telephone 925-833-6630 for more information). 65. Grading/Sitework Permit. All site PW Issuance of Public Works improvement work and public right-of-way work Grading/ must be performed per a Grading/Sitework Sitework Permit issued by the Public Works Department. Permit Said permit will be based on the final set of improvement plans to be approved once all of the plan check comments have been resolved. Please refer to the handout titled Grading/Site Improvement Permit Application Instructions and attached application (three 8-1/2" x 11" pages) for more information. The Applicant/Developer must fill in and return the applicant information contained on pages 2 and 3. The current cost of the permit is $10.00 due at the time of permit issuance, although the Applicant/Developer will be responsible for any adopted increases to the fee amount. 66. Site Plan. On-site and off-site improvements PW Issuance of Public Works shall be designed in accordance with the Grading/ 15 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: approved site plan, entitled "Fiat of Dublin" by Sitework McKay and Somps, dated January 17, 2013. Permit 67. Overland Storm Drain Flow. To PW Issuance of Public Works accommodate potential overland flow, the Grading/ parking lot grading and on-site storm drain Sitework system shall be designed to convey storm water Permit overland to the public street right of way without inundating the buildings in the event the pipe network becomes plugged. 68. Water Quality/Best Management Practices. PW Issuance of Public Works Pursuant to the Alameda Countywide National Grading/ Pollution Discharges Elimination Permit Sitework (NPDES) No. CAS0029831 with the California Permit Regional Water Quality Control Board (RWQCB), the Applicant/Developer shall design and operate the site in a manner consistent with the Start at the Source publication, and according to Best Management Practices to minimize storm water pollution. In addition to natural water quality features proposed for the site, in-line filtration devices may be necessary to serve runoff areas that will not drain to natural water quality features due to grading constraints. All trash dumpsters and recycling area enclosures that are not located inside the building shall have roof enclosures to prevent contaminants from washing into the storm drain system. The enclosures shall be fitted with floor drains that discharge to the sanitary sewer system, and hose bibs for periodic wash-down. The applicant shall file a Notice of Intent with the RWQCB and shall prepare and submit a Storm Water Pollution Prevention Plan for the City Engineer/Public Works Director's review/approval. Finally, all storm drain inlets serving vehicle parking areas shall be stenciled using stencils available from the Alameda Countywide Clean Water Program. 69. Soil Percolation Test. A soil percolation test PW Issuance of Public Works will be required to demonstrate that the Permits infiltration rate of the soil meets a minimum requirement of '/ inch per hour. The test will be 16 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: required in the area where the permeable pavers are proposed. If the test is not passed, then the permeable pavers shall be modified to bio-infiltration instead. 70. Storm Water Treatment Measures PW Occupancy Public Works Maintenance Agreement. Applicant/Developer shall enter into an agreement with the City of Dublin that guarantees the property owner's perpetual maintenance obligation for all storm water treatment measures installed as part of the project. Said agreement is required pursuant to Provision C.3.e.ii of RWQCB Order R2-2003-0021 for the reissuance of the Alameda Countywide NPDES municipal storm water permit. Said permit requires the City to provide verification and assurance that all treatment devices will be properly operated and maintained. 71. Geotechnical Report and Recommendations. PW Issuance of Public Works The Applicant/Developer shall have a registered Grading/ Geotechnical Engineer perform an investigation Sitework and prepare a geotechnical report for the site Permit and and shall incorporate the recommendations into Building the project design. The Geotechnical Engineer Permit and shall certify that the project design conforms to During the report recommendations prior to issuance of Construction a Grading/Sitework Permit or Building Permit. All report recommendations shall be followed during the course of grading and construction. 72. Vehicle Parking. All parking stalls shall be PW Occupancy Public Works constructed in accordance with Building and Municipal Code requirements. All customer stalls shall be clearly identified with signs and pavement markings. The proposed parking shall not impede required exit paths or encroach onto pedestrian pathways. In addition, the company (loaner) vehicles shall not be parked in the parking spaces designated for customers and employees. 73. Parking Prohibitions/Restrictions. Vehicle PW On-going and Public Works parking shall be prohibited or restricted at Installed Prior locations deemed reasonably necessary by the to Occupancy City Engineer/Public Works Director during final design and/or construction. 17 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 74. Site Accessibility Requirements. All disabled PW Occupancy Public Works access ramps, parking spaces for the disabled, and other physical site improvements shall comply with current UBC Title 24 requirements and City of Dublin Standards for accessibility. 75. Relocation of Existing Improvements/ PW Occupancy Public Works Utilities. Any necessary relocation of existing improvements or utilities shall be accomplished at no ex ense to the City. 76. Damage/Repairs. The Applicant/Developer PW Occupancy Public Works shall be responsible for the repair of any damaged pavement, curb & gutter, sidewalk, or other public street facility resulting from construction activities associated with the development of the project, to the reasonable satisfaction of the City Engineer/Public Works Director. 77. Occupancy Permit Requirements. Prior to PW Occupancy Public Works issuance of an Occupancy Permit, the physical condition of the project site shall meet minimum health and safety standards including, but not limited to the following: a. The streets and walkways providing access to the occupied building shall be complete, as determined by the City Engineer/Public Works Director, to allow for safe, unobstructed pedestrian and vehicle access to and from the building. b. All traffic control devices on streets providing access to the building shall be in place and fully functional. C. All street name signs and address numbers for streets providing access to the building shall be in place and visible. d. Lighting for the streets and building shall be adequate for safety and security. All streetlights on streets providing access to the building shall be 18 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: energized and functioning. Exterior lighting shall be provided for building entrances/exits and pedestrian walkways. Security lighting shall be provided as required by Dublin Police. e. All construction equipment, materials, or on-going work shall be separated from the public by use of fencing, barricades, caution ribbon, or other means reasonably approved by the City Engineer/Public Works Director. f. All fire hydrants for the building shall be operable and easily accessible to City and ACFD personnel. g. All site features designed to serve the disabled (i.e. H/C parking stalls, accessible walkways, signage) for the building shall be installed and fully functional. 78. Geographic Information System. Once the PW Occupancy Public Works City Engineer/Public Works Director approves the development project, a digital vectorized file on floppy or CD of the Improvement Plans shall be submitted to the City and DSRSD. Digital raster copies are not acceptable. The digital vectorized files shall be in AutoCAD 14 or higher drawing format or ESRI Shapefile format. Drawing units shall be decimal with the precision of 0.00. All objects and entities in layers shall be colored by layer and named in English, although abbreviations are acceptable. All submitted drawings shall use the Global Coordinate System of USA, California, NAD 83 California State Plane, Zone III, and U.S. foot. Said submittal shall be acceptable to the City's GIS Coordinator. 79. Pedestrian Walkway. The Applicant shall install PW Issuance of Public Works bollards to delineate the pedestrian walkway Grading/ from the parking lot (display area). Sitework Permit 19 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: CONSTRUCTION 80. Erosion Control During Construction. PW During Public Works Applicant/Developer shall include an Erosion Construction and Sediment Control Plan with the Grading and and Grading Improvement plans for review and approval by Activities the City Engineer/Public Works Director. Said plan shall be designed, implemented, and continually maintained pursuant to the City's NPDES permit between October 1St and April 15th or beyond these dates if dictated by rainy weather, or as otherwise directed by the City Engineer/Public Works Director. 81. Archeological Materials. If archaeological PL, PW During Public Works materials are encountered during construction, Construction construction within 100 feet of these materials and Grading shall be halted until a professional Archaeologist Activities who is certified by the Society of California Archaeology (SCA) or the Society of Professional Archaeology (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation measures. 82. Construction Hours. City acknowledges that PW During Public Works this site is within a commercial district, with no Construction surrounding residential areas. Standard and Grading construction and grading hours shall be limited Activities to weekdays (Monday through Friday) and non- City holidays between the hours of 7:30 a.m. and 5:00 p.m. The Applicant/Developer may request reasonable modifications to such determined days and hours, taking into account the seasons, impacts on neighboring properties, and other appropriate factors, by submitting a request form to the City Engineer/Public Works Director. For work on Saturdays, said request shall be submitted no later than 5:00 p.m. the prior Wednesday. Overtime inspection rates will apply for all after-hours, Saturday, and/or holiday work. 83. Construction Noise Management Plan. PW During Public Works Developer shall prepare a Construction Noise Construction Management Plan, to be approved by the City and Grading Engineer and Community Development Director Activities that identifies measures to be taken to minimize construction noise on surrounding developed properties. The Plan shall include hours of construction operation, use of mufflers on 20 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 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. 84. Pest Problems. The Developer shall be PW During Public Works responsible for controlling any rodent, mosquito, Construction or other pest problem due to construction and Grading activities. Activities 85. Dust Control. The Developer shall be PW During Public Works responsible for watering or other dust-palliative Construction measures to control dust as conditions warrant and Grading or as directed by the City Engineer. Activities 86. Notice of Intent. Prior to any clearing or PW During Public Works grading, the Developer shall provide the City Construction evidence that a Notice of Intent (NOI) has been and Grading sent to the California State Water Resources Activities 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. 87. Construction Security. During the construction PO During Public Works phase the site shall adhere to the following: Construction • The construction site shall be fenced and and Grading locked at all times when workers are not Activities present. • A temporary address sign shall be posted, and shall be of a sufficient size, a minimum of at least 36" x 36" with a white background and stenciled black numbers and letters so that the sign can be seen during night time hours with existing street lighting or additional lighting as needed. The address sign shall be posted on all approaches to the site. • The developer shall file a Dublin Police Emergency Contact Business Card prior to any phase of construction that will provide 24 hour phone contact numbers of persons responsible for the construction site. • Good security practices shall be followed 21 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: with respect to storage of building materials and the storage of tools at the construction site. 88. SWPPP. The Storm Water Pollution Prevention PW During Public Works Program (SWPPP) for the operation and Construction maintenance of the project shall identify the Best and Grading Management Practices (BMPs) appropriate to Activities 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. 89. SWPPP Compliance. The Developer is PW During Public Works responsible for ensuring that all contractors Construction implement all storm water pollution prevention and Grading measures in the SWPPP. Activities 90. Temporary Construction Fencing. Temporary Various During Public Works Construction fencing shall be installed along the Construction perimeter of all work under construction to and Grading separate the construction operation from the Activities public. All construction activities shall be confined to within the fenced area. Construction materials and/or equipment shall not be operated or stored outside of the fenced area or within the public right-of-way unless approved in advance by the City Engineer/Public Works Director. 91. Fire Access. Access roads, turnarounds, Various During Fire pullouts, and fire operation areas are Fire Lanes Construction and shall be maintained clear and free of and Grading obstructions, including the parking of vehicles. Activities 92. Entrances. Entrances to job sites shall not be Various During Various blocked, including after hours, other than by Construction approved gates/barriers that provide for and Grading emergency access. Activities 93. Site Utilities. Site utilities that would require the Various During Public Works access road to be dug up or made impassible Construction shall be installed prior to combustible and Grading construction commencing. Activities Entrance flare, angle of departure, width, turning radii, grades, turnaround, vertical clearances, 22 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: road surface, bridges/crossings, gates/key- switch, & within required 150-ft. distance to Fire Lane. DUBLIN SAN RAMON SERVICES DISTRICT (DSRSD)—STANDARD CONDITIONS 94. Prior to issuance of any building permit, DSR Issuance of Dublin San Ramon complete improvement plans shall be submitted Building Services District to DSRSD that conform to the requirements of Permits 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. 95. All mains shall be sized to provide sufficient DSR Issuance of Dublin San Ramon capacity to accommodate future flow demands Building Services District in addition to each development project's Permits demand. Layout and sizing of mains shall be in conformance with DSRSD utility master planning. 96. Sewers shall be designed to operate by gravity DSR Issuance of Dublin San Ramon flow to DSRSD's existing sanitary sewer system. Building Services District Pumping of sewage is discouraged and may Permits only be allowed under extreme circumstances following a case by case review with DSRSD staff. Any pumping station will require specific review and approval by DSRSD of preliminary design reports, design criteria, and final plans and specifications. The DSRSD reserves the right to require payment of present worth 20 year maintenance cost as well as other conditions within a separate agreement with the applicant for any project that requires a pumping station. 97. Domestic and fire protection waterline systems DSR Improvement Dublin San Ramon for commercial developments shall be designed Plans Services District to be looped or interconnected to avoid dead end sections in accordance with requirements of the DSRSD Standard Specifications and sound engineering practice. 98. DSRSD policy requires public water and sewer DSR Improvement Dublin San Ramon lines to be located in public streets rather than in Plans Services District off-street locations to the fullest extent possible. If unavoidable, then public sewer or water easements must be established over the 23 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 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. 99. Prior to approval by the City of a grading or site DSR Issuance of Dublin San Ramon work permit, the locations and widths of all permits Services District proposed easements dedications for water and sewer lines shall be submitted and approved by DSRSD. 100 All easement dedications for DSRSD facilities DSR Final Map Dublin San Ramon shall be by separate instrument irrevocably Services District offered to DSRSD or by offer of dedication on the Final Map. 101 Prior to approval by the City for Recordation, the DSR Final Map Dublin San Ramon Final Map shall be submitted to and approved by Services District DSRSD for easement locations, widths and restrictions. 102 Prior to issuance by the City of any Building DSR Issuance of Dublin San Ramon Permit or Construction Permit by the Dublin San Building Services District Ramon Services District, whichever comes first, Permits 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. 103 Prior to issuance by the City of any Building DSR Issuance of Dublin San Ramon Permit or Construction Permit by the Dublin San Building Services District Ramon Services District, whichever comes first, Permits 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 24 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: final improvement drawing review by DSRSD before signature by the District Engineer. 104. No sewer line or waterline construction shall be DSR Improvement Dublin San Ramon permitted unless the proper utility construction Plans Services District permit has been issued by DSRSD. A construction permit will only be issued after all of the items in Condition of Approval No. 96 have been satisfied. 105. The Applicant shall hold DSRSD, its Board of DSR Issuance of Dublin San Ramon Directors, commissions, employees, and agents Building Services District of DSRSD harmless and indemnify and defend Permits the same from any litigation, claims, or fines resulting from the construction and completion of the project. 106. Improvement plans shall include recycled water DSR Improvement Dublin San Ramon improvements as required by DSRSD. Services Plans Services District 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. SIGNS — PROJECT SPECIFIC 107. Temporary Promotional Banners and PL On-going Chapter 8.884 of Balloons. Temporary Promotional Banner DMC Signs and Balloons shall only be permitted after first securing an approved Temporary Promotional Sign Permit. Any signage on site shall be subject to the sign requirements contained in the City of Dublin Municipal Code. 108. A-Frame Signs. The use of any A-Frame, PL On-going Chapter 8.884 of portable, sandwich-board, pennants, or human- DMC held signs on the premises is strictly prohibited. Said signs and any form of off-site advertising signs shall also be prohibited upon any public property, including City streets and sidewalks. 109. Outdoor Events. Any outside events shall be PL On-going Chapter 8.884 of the subject to the Temporary Use Permit DMC requirements contained in the City of Dublin Municipal Code, specifically Section 8.108.020. 110. Master Sign Program. Prior to the installation of PL Installation of Chapter 8.884 of any on-site signage, the Applicant/Developer Project DMC shall apply for and receive approval to amend Related the existing GM Automall Master Sign Program. Signage 25 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: PARKS & COMMUNITY SERVICES 111. Public Art Project. The Applicant/Developer PL, PCD Building Public Art Policy has elected to and shall acquire and install a Permit public art project in accordance with Chapter Issuance 8.58 of the Dublin Municipal Code and shall comply with the Public Art Compliance Report submitted by Applicant, and on file with the Planning Department. The value of the public art project is required to equal or exceed 0.5% of the building valuation (exclusive of land) for the project. The Building Official has determined that the total building valuation of the project (exclusive of land) is $1,391,780. Therefore, Applicant is required to acquire and install a public art project valued at a minimum amount of $6,958.90. The location of the public art project site will be in the cul-de-sac at the end of John Monego Court. Prior to first occupancy Applicant/Developer shall (a) secure completion of the public art project, in a manner deemed satisfactory to the City Manager; and (b) execute an agreement between the City and Applicant/Developer that sets forth the ownership, maintenance responsibilities, and insurance coverage for the public art project. The public art project is subject to the approval of the City Council upon recommendation by the Heritage & Cultural Arts Commission. PASSED, APPROVED AND ADOPTED this 9t" day of April 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST Assistant Community Development Director G:IPAM20121PLPA-2012-00057 Dublin FiatlPlanning Commission 4.9.131PC Reso SDR.doc 26