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HomeMy WebLinkAbout8.2 Attch 3 Reso Appr'v SDR RESOLUTION NO. 14-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A SITE DEVELOPMENT REVIEW TO ALLOW PADS 2 & 3 AND SHOPS 1-4 TOTALING 42,160 SQUARE FEET ON APPROXIMATELY 4.22 ACRES WITHIN PHASE 4 OF FALLON GATEWAY AND VESTING TENTATIVE PARCEL MAP 10205 FOR FALLON GATEWAY PLPA 2014-00014 & PLPA-2014-00020 (APN 985-0079-002-1, 985-0079-003-00, 985-0079-004-01 & 985-0079-005) WHEREAS, Stanforth Holding Company LLC, developer of Fallon Gateway, has requested approval of a Conditional Use Permit to amend the Planned Development Zoning to revise the site layout for Phase 4, a Site Development Review permit to construct Pads 2 & 3 and Shops 1-4, for a total 42,160 square feet of development with related site improvements and a Vesting Tentative Parcel Map to subdivide the Fallon Gateway retail center into 11 parcels; and WHEREAS, Fallon Gateway is a 33.91-acre commercial center located on the west side of Fallon Road between Dublin Boulevard on the north and Interstate 580 (1-580) on the south within the Eastern Dublin Specific Plan Area and Area C of the Dublin Ranch planned community; and WHEREAS, Planned Development (PD) Zoning PA 08-034 was approved for the Fallon Gateway project site on June 16, 2009 by Ordinance 09-09; and WHEREAS, on August 10, 2010, the Planning Commission approved a CUP for a minor PD Amendment to revise the design standards for Fallon Gateway; and WHEREAS, the parcel map proposes to subdivide 23.83± acres of land as follows: Parcel One 2.20± acres; Parcel Two 0.76± acres; Parcel Three 1.96± acres; Parcel Four 4.35± acres; Parcel Five 0.77± acres; Parcel Six 7.29± acres; Parcel Seven 1.48± acres; Parcel Eight 1.23± acres; Parcel Nine 1.36± acres; Parcel Ten 1.50± acres; and Parcel Eleven 0.93± acres; and WHEREAS, the State of California Subdivision Map Act and the adopted City of Dublin Subdivision Regulations require that no real property may be divided into two or more parcels for purpose of sale, lease or financing, unless a Tentative Parcel Map is acted upon, and a Parcel Map is approved consistent with the Subdivision Map Act and City of Dublin Subdivision Regulations; and WHEREAS, Section 66426 of the Subdivision Map Act states that a Tentative Parcel Map is required when the parcels are created for a commercial development; and WHEREAS, on July 22, 2014, the Planning Commission approved Resolution 14-xx, a Conditional Use Permit for Phase 4 for a minor amendment to the Planned Development Zoning for Fallon Gateway to modify the site plan for Phase 4; and ATTACHMENT 3 WHEREAS, the proposed project is consistent with the Planned Development Zoning for Fallon Gateway as amended; and WHEREAS, the proposed Site Development Review, Site configuration, and construction of Pads 2 &3 and Shops 1-4 would not exceed allowable building area for the Fallon Gateway project; and WHEREAS, the proposed project has been reviewed and has been determined to be consistent with the Eastern Dublin Specific Plan, which was adopted in 1994 and has a certified Program EIR (SCH No. 91-103064). Pursuant to the California Environmental Quality Act (CEQA), the proposed project is within the scope of the Final Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan, which was certified by the City Council by Resolution No. 51-93 and the Addenda dated May 4, 1993 and August 22, 1994 (the "FEIR"); and WHEREAS, in 1997, a Negative Declaration was approved by the City Council in Resolution No. 140-97 for the Planned Development Rezoning of Dublin Ranch Areas B-E, which includes the Fallon Gateway site. After completing an Initial Study, it was determined that the Planned Development Rezoning would not have any significant environmental impacts which were not already adequately described and analyzed in the Program EIR. The project as proposed does not exceed the thresholds identified in the Negative Declaration, and no further environmental document is needed; and WHEREAS, the Planning Commission of the City of Dublin held a public hearing on said application request on July 22, 2014, and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted recommending that the Planning Commission approve the Site Development Review and Vesting Tentative Parcel Map 10205 in accordance with the findings referenced below; and WHEREAS, the Planning Commission did hear and use independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Dublin does hereby make the following findings and determinations regarding said proposed Site Development Review for Fallon Gateway to construct Pads 2 & 3 and Shops 1-4 totaling 42,160 square feet on approximately 4.22 acres within Phase 4 of the Fallon Gateway project: Site Development Review: A. The proposal is consistent with the purposes of Chapter 8.104 of the Zoning Ordinance, with the General Plan and any applicable Specific Plans and design guidelines because: 1) the project will not undermine the architectural character and scale of development in which the proposed project is to be located; 2) the project will provide a unique, varied, and distinct proposed commercial structures that are compatible with the other structures on site; 3) the project is consistent with the 2 General Plan and Eastern Dublin Specific Plan Land Use designation of General Commercial; and 4) the project complies with the development regulations established in the Stage 1 and 2 Planned Development. B. The proposal is consistent with the provisions of Title 8, Zoning Ordinance because: 1) the project contributes to orderly, attractive and harmonious site and structural development compatible with the existing site plan and relationship to community and freeway-related commercial services; 2) the project complies with the development regulations set forth in the Zoning Ordinance where applicable; and 3) the project is consistent with the Planned Development Zoning as amended with this application. 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 building is suitable for the proposed use; 2) the proposed project is architecturally compatible with the proposed buildings on site identified by the PD Guidelines; and 3) the size and mass of the proposed structure is compatible with community commercial centers and other buildings proposed for the site. D. The subject site is suitable for the type and intensity of the approved development because: 1) the site is zoned and designed for General Commercial use with regional access and visibility from 1-580; and 2) the site has been designed with adequate access and parking to accommodate the anticipated customer traffic in Fallon Gateway. E. Impacts to existing slopes and topographic features are addressed because: the site is relatively flat and already has been rough graded in accordance with the approved grading plan for Fallon Gateway and is accessible to vehicular traffic. F. Architectural considerations including the character, scale and quality of the design, site lay out, 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 developments in the vicinity because: exterior design of the proposed buildings is consistent with architectural style elements and proposed materials previously approved for Fallon Gateway. 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: all perimeter landscaping, entries, walls, fences, hardscape, and parking areas are proposed for construction in accordance with the master landscape plan. H. The site has been adequately designed to ensure the proper circulation for bicyclist, pedestrians and automobiles because: all infrastructure necessary to support development of this site including streets, parkways, pathways, sidewalks, and street- lighting will be constructed as a part of the project. 3 BE IT FURTHER RESOLVED that the Planning Commission hereby makes the following findings and determinations regarding Vesting Tentative Parcel Map 10205: Vesting Tentative Parcel Map 10205: A. Vesting Tentative Parcel Map 10205 is consistent with the intent of applicable subdivision regulations and related ordinances. B. The design or improvements of Vesting Tentative Parcel Map 10205 is consistent with the City's General Plan and Eastern Dublin Specific Plan policies as they apply to the subject property in that it is a subdivision for implementation of a commercial shopping center adjacent to Dublin Boulevard and near the 1-580 freeway in an area designated for regional and community serving retail uses. C. Vesting Tentative Parcel Map 10205 is consistent with the Stage 1 PD and Stage 2 Planned Development Zoning District Development Plan approved for Fallon Gateway and is therefore consistent with the City of Dublin Zoning Ordinance. D. The site is located adjacent to major roads on 23.83± acres of relatively flat topography and is, therefore, physically suitable for the type and density of development. E. With the incorporation of mitigation measures from the Final Eastern Dublin Specific Plan Program EIR and the 1997 Mitigated Negative Declaration, the design of the subdivision will not cause environmental damage or substantially injure fish or wildlife or their habitat or cause public health concerns. H. The design of the subdivision will not conflict with easements, acquired by the public at large, or access through or use of, property within the proposed subdivision. The City Engineer has reviewed the Vesting Tentative Parcel Map and title report and has not found any conflicting easements of this nature. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin does hereby approve PLPA 2014-00014 Site Development Review for the proposed project at Fallon Gateway allowing construction of Pads 2 & 3 and Shops 1-4 totaling 42,160 square feet of development on approximately 4.22 acres within Phase 4 of the Fallon Gateway project shown on plans prepared by: 1) MacKay & Somps — Engineers, Planning, and Surveyors; 2) MCG Architecture; and 3) R3 Studios — Planning, Urban Design, and Landscape Architecture dated received July 11, 2014 subject to the conditions included below. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin does hereby approve PLPA 2014-00020 Vesting Tentative Parcel Map 10205, to subdivide 23.83+ acres of land as follows: Parcel One 2.20± acres; Parcel Two 0.76± acres; Parcel Three 1.96± acres; Parcel Four 4.35± acres; Parcel Five 0.77± acres; Parcel Six 7.29± acres; Parcel Seven 1.48± acres; Parcel Eight 1.23± acres; Parcel Nine 1.36± acres; Parcel Ten 1.50± acres; and Parcel Eleven 0.93± acres. Vesting Tentative Parcel Map, prepared by MacKay & Somps dated received on July 22, 2014 subject to the Conditions below. 4 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, [F] Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health, [Z7] Zone 7. When NO. CONDITIONS OF APPROVAL Agency Required, Source Prior to: GENERAL CONDITIONS 1. Approval. This Site Development Review approval is PL On-going Standard for the construction of Pads 2 & 3 and Shops 1-4 on approximately 4.22 acres within Phase 4 of the Fallon Gateway Center. This approval shall be as generally depicted and indicated on the plans prepared by: 1) MacKay & Somps — Engineers, Planning, and Surveyors; 2) MCG Architecture; and 3) R3 Studios — Planning, Urban Design, and Landscape Architecture dated received July 11, 2014 on file in the Community Development Department, and as specified by the following Conditions of Approval for this project. 2. Effective Date. This Site Development Review PL On-going Standard approval becomes effective 10 days after action by the Planning Commission. 3. Compliance with Conditional Use Permit. This Site PL On-going Standard Development Review is subject to the approval of the companion Conditional Use Permit to amend the Planned Development Zoning to modify the site layout for Phase 4. 4. Permit Expiration. Construction or use shall PL On-going Standard commence within 1 (one) year of Site Development Review (SDR) approval [and above-referenced CUP] or as modified by the Development Agreement or the SDR shall lapse and become null and void. Commencement of construction or use means the actual construction or use pursuant to the permit approval or, demonstrating substantial progress toward commencing such construction or use. If there is a dispute as to whether the SDR 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. 5. Time Extension. The original approving decision- PL On-going Standard maker may, upon the Applicant's written request for an extension of SDR approval prior to expiration, and upon the determination that any Conditions of 5 When NO. CONDITIONS OF APPROVAL Agency Required, Source Prior to: 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 6 months, or as modified by the Development Agreement. All time extension requests shall be noticed and a public hearing or public meeting shall be held as required by the particular Permit. 6. Revocation of permit. The permit shall be revocable PL On-going Standard for cause in accordance with Chapter 8.96 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. 7. Clean up. The Applicant/Developer shall be PL On-going Standard responsible for clean-up and disposal of project related trash and for maintaining a clean, litter-free site. 8. Controlling Activities. The Applicant/Developer shall PO, PL On-going Standard control all activities on the project site so as not to create a nuisance to the surrounding businesses and residences. 9. Noise/Nuisances. Loudspeakers or amplified music PO, PL On-going Standard that is placed or projects outside of the building shall be in accordance with the City of Dublin's Noise Ordinance. 10. Accessory Structures. The use of any accessory PL, B, F On-going Standard structures, such as storage sheds or trailer/container units used for storage or for any other purpose, shall not be allowed on the site at any time unless a Temporary Use Permit is applied for and approved. 11. Requirements and Standard Conditions. The Various Issuance of Standard Applicant/Developer shall comply with applicable Building Alameda County Fire, Dublin Public Works Permits 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. 12. Occupancy Permit Requirements. Prior to issuance B Issuance of Standard of an Occupancy Permit, the physical condition of the Occupancy project site for that phase shall meet minimum health and safety standards and City requirements including, but not limited to the following: a. The streets driveways and walkways providing 6 When NO. CONDITIONS OF APPROVAL Agency Required, Source Prior to: access to each building shall be complete, as determined by the City Engineer/Public Works Director, to allow for safe, unobstructed pedestrian and vehicle access to &from the site. b. All traffic control devices on streets providing access to the site shall be in place and fully functional. c. All address numbers shall be in place and visible. d. Lighting for the drives and site shall be adequate for safety and security. All streetlights on drives providing access to the buildings shall be 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 approved by the City Engineer/Public Works Director. f. All fire hydrants 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) shall be installed and fully functional. h. A Declaration or Report from the Geotechnical Engineer of Record confirming that all grading work associated with the project had been performed in accordance with the Engineer's recommendations. 13. Utility Siting Plan. The Applicant/Developer shall PW, PL Issuance of Standard provide a final Utility Siting Plan showing that Grading transformers and service boxes are placed outside of Permits public view where possible and/or screened to the satisfaction of the Community Development Director and City Engineer. Applicant/Developer shall place all utility infrastructures underground including electric, telecommunications, cable TV, and gas in accordance with standards enforced by the appropriate utility agency. Utility plans showing the location of all proposed utilities shall be reviewed and approved by the City Engineer prior to installation. 14. Public Art Project. The project is required to comply PL Issuance of Standard with Sections 8.58.05A and 8.58.05D of Chapter 8.58 Building (Public Art Program) of the Dublin Municipal Code. Permits The Project will make a monetary contribution in-lieu of acquiring and installing a public art project on the property, as provided by the Dublin Municipal Code section 8.58.050D. The in-lieu contribution shall be as provided in the Dublin Municipal Code, Chapter 8.58. 7 When NO. CONDITIONS OF APPROVAL Agency Required, Source Prior to: 15. Prevailing Wages. All public improvements PW On-going Standard constructed by Developer and to be dedicated to the City are hereby identified as "public works" under Labor Code section 1771. Accordingly, Developer, in constructing such improvements, shall comply with the Prevailing Wage Law (Labor Code, sects. 1720 and following). 16. Emergency Vehicle Access Easement Dedications. PW, F In Conjunction Standard Applicant/Developer shall dedicate all needed with the emergency vehicle access easements from each Parcel Map or adjacent public street to all fire access roads by Separate surrounding the site and buildings as defined by Instrument Alameda County Fire Department and to the Prior to satisfaction of the City Engineer. Occupancy 17. Outdoor Events. Any outdoor activity shall be PL On-going Standard subject to review and approval of a Temporary Use Permit per the City of Dublin Zoning Ordinance 18. Temporary Promotional Banners and Balloons. PL On-going Standard Temporary Promotional Banner Signs and Balloons shall only be permitted after first securing an approved Temporary Promotional Sign Permit. All temporary on-site signage shall be subject to the sign regulations contained in the City of Dublin Zoning Ordinance. 19. A-Frame Signs. The use of any A-Frame, portable, PL On-going Standard sandwich-board, pennants, or human-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. 20. Bicycle Racks. Prior to the issuance of building PL Issuance of Standard permits, the Applicant/Developer shall work with Staff Building to provide sufficient bicycle racks at various locations Permits throughout the project site. The bicycle racks shall be unobtrusive and out of the path of travel. 21. Action Programs/Mitigation Measures. PL Issuance of Standard Applicant/Developer shall comply with all applicable Improvement action programs and mitigation measures of the Plans Eastern Dublin Specific Plan Final Environmental Impact Report (EIR) and addendum's that have not been made specific Conditions of Approval, which are in effect at the time of issuance of Improvement Plans. 22. Fees. The Applicant shall pay all applicable fees in Various Issuance of Standard effect at the time of building permit issuance, Building including, but not limited to, Planning Fees, Building Permits Fees, Dublin San Ramon Service District fees, Public Facilities fees, Tri Valley Transportation fees, East Dublin Traffic Impact Fee, Dublin Unified School District impact fees, City of Dublin Fire Bureau fees, Noise Mitigation fees; Inclusionary Housing in lieu 8 When NO. CONDITIONS OF APPROVAL Agency Required, Source Prior to: fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water connection fees. When and if applicable and customary, credits shall be applied for existing improvements. 23. Hold Harmless/Indemnification. The Developer Various On-going Standard shall defend, indemnify, and hold harmless the City of Dublin and its agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City 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 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. PUBLIC WORKS DEPARTMENT 24. Design of Site Improvements. The public and site PW Improvement Standard improvements shall be constructed generally as Plans shown on the PD Amendment and/or Site Development Review and as modified by these Conditions of Approval. However, the approval of the PD Amendment and/or Site Development Review is not an approval of the specific design of the grading, drainage and parking/driveway improvements. Modifications to the design will be needed to meet the following: • Storm drain pipes to clear all tree locations shown on the Landscape Plans by a minimum of 3.5 feet; • Minimum asphalt pavement slope to be 1%; • Drainage swales within the parking spaces and inlets at the rear of the parking spaces shall not be permitted. 25. Pedestrian Access. Pedestrian access shall be PW Issuance of Standard provided from Fallon Road and/or Dublin Boulevard to Building the satisfaction of the City Engineer. Permits 26. Parking Lot Islands. All major access driveways shall PW Improvement Standard provide a minimum 20-foot radius clear turning area Plans measured from the inside edge of the required travel ways. All other driveway aisles shall provide clearance for minimum 10-foot turning radius measured at the inside edge of the required travel ways. 27. Compact Parking Spaces. The addition of any PW/PL Issuance of Standard 9 When NO. CONDITIONS OF APPROVAL Agency Required, Source Prior to: compact parking spaces to meet dimensional Building constraints of the site plan are subject to the approval Permits of the City Engineer and Community Development Director. 28. Traffic and Parking Restriction Signs. All traffic and PW Improvement Standard parking restriction signs and pavement markings shall Plans be shown on the civil site plans prepared by a Occupancy registered civil engineer and approved by the City Engineer and Fire Department. Where practical, No Parking signs shall be used in-lieu of red curbs. 29. Crosswalks. All crosswalks shall meet the ADA Issuance of Standard requirements for delineation, smoothness, slopes and Building widths. Permits 30. Fallon Road Frontage Sidewalk and Landscape PW Improvement Standard Improvements. The sidewalk and landscape Plans improvements along the Fallon Road frontage shall be installed with this phase of Fallon Gateway. 31. Bus Shelter. The Applicant shall coordinate with the PW Improvement Standard City and the Livermore Amador Valley Transit Plans Authority (LAVTA) on the location of the bus shelter. The bus shelter shall be located in an operationally desirable location, as determined by the City and LAVTA. 32. Grading/Sitework Permit. Developer shall obtain a PW Grading Standard Grading/Sitework Permit from the Public Works Department for all private grading and site improvements. Retaining walls over 3-feet in height or 2-feet with load requires structural calculations. 33. Agreement among tenants. The property owner PW Issuance of Standard shall establish a mechanism to ensure that there are Building adequate provisions for the maintenance in good Permits repair and on a regular basis, the landscaping, drainage, lighting, signs, pavement and other improvements within the public right-of-way. The agreement shall provide for common access and parking rights among all phases and future parcels. The Applicant/Developer shall submit a copy of the agreement to the City for review and approval pursuant this condition. 34. Trash Capture. To comply with current trash capture PW Improvement Standard requirements, inlet inserts shall be installed on all Plans proposed inlets at this site and all existing inlets not already equipped with inlet inserts within the Fallon Gateway Retail —Vesting Tentative Parcel Map 10205 property bounds 35. Storm Water Treatment Measures Maintenance PW Release of Standard Agreement. Storm Water Treatment Measures Bonds and/or Maintenance Agreement. Applicant/Developer shall Occupancy enter into an agreement with the City of Dublin that guarantees the property owner's perpetual 10 When NO. CONDITIONS OF APPROVAL Agency Required, Source Prior to: maintenance obligation for all storm water treatment measures installed as part of the project. Said agreement is required pursuant to Provision C.3 of the Municipal Regional Stormwater NPDES Permit, Order No. R2-2009-0074. Said permit requires the City to provide verification and assurance that all treatment devices will be properly operated and maintained. 36. Access and Utility Easements. Applicant shall PW In Conjunction dedicate easements as necessary to provide access with the and utilities as needed to each parcel. Parcel Map or by Separate Instrument Prior to Occupancy 37. Dedications. All rights-of-way and easement PW Parcel Map Standard dedications required by the Tentative Map shall be shown on the Parcel Map. 38. Phasing of Parcel Map: Any phasing of the Parcel PW Parcel Map Standard Map or site improvements is subject to the approval of the City Engineer. 39. Storm Drain Easement. Any structure (including PW Improvement Standard trash enclosures and signs) within a City Storm Drain Plans Easement is subject to the approval of the City Engineer. 40. Clarification. In the event that there needs to be PW [PL] On-going Standard clarification to these Conditions of Approval, the City Engineer or Community Development Director has the authority to clarify the intent of these Conditions of Approval to the Developer without going to a public hearing. The City Engineer or Community Development Director also has the authority to make minor modifications to these conditions without going to a public hearing in order for the Applicant/Developer to fulfill needed improvements or mitigations resulting from impacts of this project. 41. Encroachment Permit. Applicant/Developer shall PW Working Standard obtain an Encroachment Permit from the Public Works Within the Department for all construction activity within the Public Right of public right-of-way of any street where the City has Way accepted the improvements. At the discretion of the City Engineer an encroachment permit for work specifically included in an Improvement Agreement may not be required. 42. Public Improvements. All public improvements to be PW On-going Standard constructed to City standards and the satisfaction of the City Engineer. 43. Improvement Agreement. The Developer shall enter PW Start of Public Standard into an Improvement Agreement with the City for all Improvements public improvements for common access as determined by the City Engineer. ii When NO. CONDITIONS OF APPROVAL Agency Required, Source Prior to: 44. Record Drawings. At the completion of construction, PW Release of Standard the Developer shall provide the Public Works Bonds Department mylar copies of the civil, joint trench and landscape plans indicating all changes that were made during construction. 45. Digital Files. Developer shall provide the Public PW Release of Standard Works Department a digital vectorized file of the Bonds "master" files for the project when the Parcel Map has been approved. The digital vectorized files shall be in AutoCAD 14 or higher drawing format. Drawing units shall be decimal with the precision of the Parcel Map. All objects and entities in layers shall be colored by layer and named in English. All submitted drawings shall use the Global Coordinate System of USA, California, NAD 83 California State Plane, Zone III, and U.S. foot. 46. Storm Water Pollution Prevention Plan. Prior to any PW Issuance of Standard clearing or grading, the Developer shall provide the Grading City evidence that a Notice of Intent (NOI) has been Permit sent to the California State Water Resources Control Board per the requirements of the NPDES. A copy of the Storm Water Pollution Prevention Plan (SWPPP) shall be provided to the Public Works Department and be kept at the construction site. The Developer is responsible for ensuring that all contractors implement all storm water pollution prevention measures in the SWPPP. 47. Storm Drain Video. Private and public storm drain PW Issuance of Standard pipes shall be videoed per the City of Dublin Grading requirements. Notes specifying procedures shall be Permit included on the improvement plans. 48. Water Quality Treatment. Supportive data shall be PW Improvement Standard provided to show that the water quality treatment Plans meets the RWQCB guidelines. 49. Non-City Agencies. The Applicant/Developer will be PW Improvement Standard responsible for submittals and reviews to obtain the Plans approvals of all participating non-City agencies. The Alameda County Fire Department and the Dublin San Ramon Services District shall approve and sign the Improvement Plans. 50. Hydrology and Hydraulic Calculations. Hydrology PW Improvement Standard and Hydraulic Calculations shall be provided for the Plans design of the site storm drains stem. 51. Grading/Sitework Permit. Developer shall obtain a PW Improvement Standard Grad ing/Sitework Permit from the Public Works Plans Department for all grading and private site improvements. The developer shall provide security to guarantee the grading and improvements, in an amount approved by the City Engineer. 12 i When NO. CONDITIONS OF APPROVAL Agency Required, Source Prior to: 52. Geotechnical Report. Developer shall submit a PW Improvement Standard Geotechnical Report, which includes street pavement Plans sections and grading recommendations. 53. Grading Plan. The Grading Plan shall be in PW Improvement Standard conformance with the recommendations of the Plans Geotechnical Report and the approved Site Development Review. In case of conflict between the soil engineer's recommendations and City ordinances, the City Engineer shall determine which shall apply. 54. Site Improvements. The site improvements shall be PW Improvement Standard constructed generally as shown on the Site Plans Development Review. However, the approval of the Site Development Review is not an approval of the specific design and locations of the drainage, sanitary sewer, water, traffic, street lighting, join trench and street improvements. 55. Noise Management. Developer shall prepare a PW Improvement Standard construction noise management plan that identifies Plans measures to be taken to minimize construction noise on surrounding developed properties. The plan shall include hours of construction operation, use of mufflers on construction equipment, speed limit for construction traffic, haul routes and identify a noise monitor. Specific noise management measures shall be included on the project plans. d 4, 56. Building Codes and Ordinances. All project B Through Standard construction shall conform to all building codes and Completion ordinances in effect at the time of building permit. 57. Phased Occupancy Plan. If occupancy is B Occupancy Standard requested to occur in phases, then all physical of any improvements within each phase shall be required to Affected be completed prior to occupancy of any buildings Building 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 13 When NO. CONDITIONS OF APPROVAL Agency Required, Source Prior to: 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. 58. Building Permits. To apply for building permits, B Issuance of Standard Applicant/Developer shall submit five (5) sets of Building construction plans to the Building & Safety 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. 59. Construction Drawings. Construction plans shall be B Issuance of Standard fully dimensioned (including building elevations) Building accurately drawn (depicting all existing and proposed Permits 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. 60. Air Conditioning Units. Air conditioning units and B Occupancy of Standard ventilation ducts shall be screened from public view Unit with materials compatible to the main building. Units shall be approved by the Chief Building Official and Director of Community Development. 61. Temporary Fencing. Temporary Construction B Through Standard fencing shall be installed along the perimeter of all Completion work under construction. 62. Addressing B Standard a) Provide a site plan with the City of Dublin's Prior to address grid overlaid on the plans (1 to 30 Release of scale). Highlight all exterior door openings on Addresses plans (front, rear, garage, etc.). The site plan shall include a single large format page showing the entire project and individual sheets for each neighborhood. 3 copies on full size sheets and 5 copies reduced sheets. b) Address signage shall be provided as per the Prior to Dublin Commercial Security Code. Permitting c) Address will be required on all doors leading Prior to to the exterior of the building. Addresses shall Occupancy be illuminated and be able to be seen from the street, 4 inches in height minimum. d) 14 When NO. CONDITIONS OF APPROVAL Agency Required, Source Prior to: 63. Engineer Observation. The Engineer of record shall B Scheduling Standard be retained to provide observation services for all the Frame components of the lateral and vertical design of the Inspection building, including nailing, hold-downs, straps, shear, roof diaphragm and structural frame of building. A written report shall be submitted to the City Inspector rior to scheduling the final frame inspection. 64. Foundation. Geotechnical Engineer for the soils B Building Standard report shall review and approve the foundation design. Permit A letter shall be submitted to the Building Division on Issuance the approval. 65. Electronic File: The applicant/developer shall submit B Issuance of Standard all building drawings and specifications for this project Final in an electronic format to the satisfaction of the Occupancy 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. 66. Construction trailer: Due to size and nature of the B Through Standard development, the applicant/developer, shall provide a Completion construction trailer will all hook ups for use by City Inspection personnel during the time of construction as determined necessary by the Building Official. In the event that the City has their own construction trailer, the applicant/developer shall provide a site with appropriate hook ups in close proximity to the project site to accommodate this trailer. The applicant/developer shall cause the trailer to be moved from its current location at the time necessary as determined by the Building Official at the Applicant/Developer's ex ense. 67. Copies of Approved Plans. Applicant shall provide B 30 days After Standard City with 2 reduced (1/2 size) copies of the City of Permit & Dublin stamped approved plan. Revision Issuances 68. Cool Roofs. Flat roof areas shall have their roofing B Through Standard material coated with light colored gravel or painted Completion with light colored or reflective material designed for Cool Roofs. 69. Solar Zone — CA Energy Code. Show the location of B Through Standard the Solar Zone on the site plan. Detail the orientation Completion of the Solar Zone. This information shall be shown in the master plan check on the overall site plan, the individual roof plans and the plot plans. This condition of approval will be waived if the project meets the exceptions provided in the CA Energy Code. 70. Green Building Standards Code. The Applicant B Through Standard shall incorporate Green Building Measures. Green Completion of Building plan shall be submitted to the Building Official Construction for review. 15 When NO. CONDITIONS OF APPROVAL Agency Required, Source Prior to: a. Provide Bicycle parking (short term & long term racks) as required by section 5.106.4 b. Provided Designated parking for any combination of low-emitting, fuel-efficient and carpool vehicles as required by 5.106.5.2 c. Separate water meters may be required, please review section 5.303.1.2. d. Provide future access for solar systems, install electrical conduit as required by Section 7.94.070 of the Dublin Municipal Code. 71. Accessible Parking. The required number of parking B Through Standard stalls, the design and location of the accessible Completion parking stalls shall be as required by the CA Building Code. 72. Accessary Structures. Building permits are required B Through Standard for all trash enclosures and associated amenities / Completion structures and are required to meet the accessibility and building codes. 73. 60-Foot No Build Covenant. Pursuant to Dublin B Issuance of Standard Municipal Code Section 7.32.130, the owner shall file Building with the Building Official a Covenant and Agreement Permits Regarding Maintenance of Yards for an Oversized Building binding such owner, his heirs, and assignees, to set aside a 60-foot required yard as unobstructed space having no improvements. After execution by the owner and Building Official, such covenant shall be recorded in the Alameda County Recorder's Office, and shall continue in effect so long as an oversized building remains or unless otherwise released by authority of the Building Official. Dl]BLIfV w IR ONS 9IRVAPIWO 1STRICTs DS SD rt. s 74. Improvement Plans. Prior to issuance of any building DSRSD Issuance of Standard permit, complete improvement plans shall be Building submitted to DSRSD that conform to the requirements Permits 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. 75. Mains. All mains shall be sized to provide sufficient DSRSD Issuance of Standard capacity to accommodate future flow demands in Building addition to each development project's demand. Permits Layout and sizing of mains shall be in conformance to DSRSD utility master planning. 76. Sewers. Sewers shall be designed to operate by DSRSD Occupancy Standard gravity flow to DSRSD's existing sanitary sewer system. Pumping of sewage is discouraged and may only be allowed under extreme circumstances following a case by case review with DSRSD Staff. Any pumping station will require specific review and 16 When NO. CONDITIONS OF APPROVAL Agency Required, Source Prior to: approval by DSRSD of preliminary design reports, design criteria, and final plans and specifications. DSRSD reserves the right to require payment of present worth 20 year maintenance costs as well as other conditions within a separate agreement with the applicant for any project that requires a pumping station. 77. Waterline Systems. Domestic and fire protection DSRSD Occupancy Standard waterline systems for Tracts or Commercial Developments shall be designed to be looped or interconnected to avoid dead end sections in accordance with requirements of the DSRSD Standard Specifications and sound engineering practice. 78. Sewer Line Locations. DSRSD policy requires public DSRSD Occupancy Standard water and sewer lines to be located in public streets rather than in 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. 79. Easements. Prior to approval by the City of a grading DSRSD Issuance of Standard permit or a site development permit, the locations and Grading widths of all proposed easement dedications for water Permits and sewer lines shall be submitted to and approved by DSRSD. 80. Easement Dedications. All easement dedications for DSRSD Recordation of Standard DSRSD facilities shall be by separate instrument Parcel Map irrevocably offered to DSRSD or by offer of dedication on the Parcel Map. 81. Parcel Map. Prior to approval by the City for DSRSD Recordation of Standard recordation, the Parcel Map shall be submitted to and Parcel Map approved by DSRSD for easement locations, widths and restrictions. 82. Fees. Prior to issuance by the City of any Building DSRSD Issuance of Standard Permit or Construction Permit by the Dublin San Building Ramon Services District, whichever comes first, all Permits 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. 83. Improvement Plans. Prior to issuance by the City of DSRSD Issuance of Standard any Building Permit or Construction Permit by the Building Dublin San Ramon Services District, whichever Permits 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 17 When NO. CONDITIONS OF APPROVAL Agency Required, Source Prior to: 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. 84. Construction Permit. No sewer line or waterline DSRSD Issuance of Standard construction shall be permitted unless the proper Building utility construction permit has been issued by DSRSD. Permits 85. Hold Harmless. The Applicant/Developer shall hold DSRSD On-going Standard DSRSD, its Board of 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. 86. Recycled Water Improvements. Improvement plans DSRSD Issuance of Standard shall include recycled water improvements as required Construction by DSRSD. Services for landscape irrigation shall Permits connect to recycled water mains. Applicant must obtain a copy of the DSRSD Recycled Water Use Guidelines and conform to the requirements therein. 87. Backflow Prevention Device. A Backflow Prevention DSRD Occupancy Standard device to prevent back-siphoning of water into the potable distribution main will be required on each commercial account per the District's specifications. 88. Development Plans. Development plans will not be DSRSD Approval of Standard approved until landscape plans are submitted and Landscape approved. Plans 89. Grading. Grading for construction shall be done with DSRSD On-going Standard rec cled water. 90. Irrigation Meters. Temporary potable irrigation DSRSD On-going Standard meters in areas with recycled water service shall only be allowed for cross-connection and coverage testing for a maximum of 14 calendar days. 91. District Recycled Water Use. The project is located DSRSD On-going Standard within the District Recycled Water Use Zone (Ord 301), which calls for installation of recycled water irrigation systems to allow for the future use of recycled water for approved landscape irrigation demands. Recycled water will be available as described in the DSRSD Water Master Plan Update, December 2005. Unless specifically exempted by the District Engineer, compliance with Ordinance 301 is required. The Applicant must submit landscape irrigation plans to DSRSD. All irrigation facilities shall 18 When NO. CONDITIONS OF APPROVAL Agency Required, Source Prior to: be in compliance with District's "Recycled Water Use Guidelines" and Department of Health Services requirements for recycled water irrigation design. 92. Trash Enclosure. If any trash enclosures or car wash DSRSD On-going Standard areas are to be connected to the sanitary sewer, they must have a grease and sand trap and the areas must be covered to erevent the entry of rainwater. ALAIVI I A O 3UNTY 1=1RIE DEPARTI�IENT F ;~ 93. Building and Fire Codes. The project will need to F the Issuance Standard comply with the applicable Building and Fire Codes. of Building Site and Building plans shall be provided for review Permits and approval by the Fire Department. 94. Fire Apparatus Roadways. Fire apparatus roadways F Occupancy Standard shall have a minimum unobstructed width of 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. Roadways under 36 feet wide shall be posted with signs or shall have red curbs painted with labels on one side; roadways under 28 feet wide shall be posted with signs or shall have red curbs painted with labels on both sides of the street as follows: "NO STOPPING FIRE LANE - CVC 22500.1." 95. New Fire Sprinkler System & Monitoring F the Issuance Standard Requirements. In accordance with The Dublin Fire of Building Code, fire sprinklers shall be installed in the building. Permits The system shall be in accordance with the NFPA 13, the CA Fire Code and CA Building Code. Plans and specifications showing detailed mechanical design, cut sheets, listing sheets and hydraulic calculations shall be submitted to the Fire Department for approval and permit prior to installation. This may be a deferred submittal. 96. Fire Hydrants and Fire Flows. The site plan will F Issuance of Standard need to note the location of any on-site fire hydrants Building that are along the property frontage and the closest Permits and hydrant to each side of the property that are located Occupancy along the access roads that serve this property. Provide a letter from the water company indicating what the available fire flow is to this property. 97. Fire Access. Fire access is required to be approved F On-going Standard all-weather access. Show on the plans the location of all-weather access and a description of the construction. Access road must be designed to support the imposed loads of fire apparatus. SECURITY AND POLICE 98. Non-Residential Security Requirements. The PO, B On-going Standard Applicant/Developer shall comply with all applicable City of Dublin Non-Residential Security Ordinance requirements. 19 When NO. CONDITIONS OF APPROVAL Agency Required, Source Prior to: 99. Security During Construction. PO, B During Standard a. Fencing — The perimeter of the construction site Construction shall be fenced and locked at all times when workers are not present. 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 Public Works Director. b. Address Sign - A temporary address sign of sufficient size and color contrast to be seen during night time hours with existing street lighting is to be posted on the Dublin Boulevard perimeter. c. Emergency Contact — Prior to any phase of construction, Applicant/Developer will file with the Dublin Police Department an Emergency Contact Business Card that will provide 24-hour phone contact numbers of persons responsible for the construction site. d. Materials & Tools — Good security practices shall be followed with respect to storage of building materials and tools at the construction site. e. Security lighting and patrols shall be employed as necessary. 100. Lighting Plan. The Applicant shall submit a final PO Occupancy Standard lighting plan for approval by the Dublin Police. At a and On-going minimum the plan should include: • 1.0 foot-candle lighting at ground level in parking lot areas. • The lighting plan shall provide a photometric read-out with foot-candles plotted on the site. Lighting fixtures shall be of a vandal resistant type. 101. Exterior Landscaping. Exterior landscaping shall be PO Occupancy Standard kept at a minimal height and fullness giving patrol and On-going officers and general public surveillance capabilities of the area. 102. Seat Walls. Seat wall areas shall be designed to PO Occupancy Standard minimize the potential for vandalism by skateboarders and On-going and others. 103. Graffiti. The Applicant/Developer shall keep the site PO, PL On-going Standard clear of graffiti on a regular and continuous basis and at all times. Graffiti resistant materials should be used. DEgRIS11JUST/CONSTR ICTION ACTIVITY 104. Construction Hours. Standard construction and PW On-going Standard grading hours shall be limited to weekdays (Monday through Friday) and non-City holidays between the hours of 7:30 a.m. and 6:00 p.m. The Developer may 20 When NO. CONDITIONS OF APPROVAL Agency Required, Source Prior to: 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. For work on Saturdays, said request shall be submitted no later than 5:00 p.m. the prior Wednesday prior. Overtime inspection rates will apply for all after-hours, Saturday, and/or holiday work. 105. Construction Trash/Debris. Measures shall be PW, B, Construction Standard taken to contain all construction related trash, debris, PL and materials on-site until disposal off-site can be arranged. The Applicant/Developer shall keep the adjoining public streets and properties free and clean of project dirt, mud, and materials during the construction period. The Developer shall be responsible for corrective measures at no expense to the City of Dublin. 106. Construction Fencing. The use of any temporary PL, PW, Issuance of Standard construction fencing shall be subject to the review and B Building approval of the City Engineer and the Building Official. Permits 107. Erosion Control during Construction. PW Issuance of Standard Applicant/Developer shall include an Erosion and Grading/Site Sediment Control Plan with the Grading and Work Permit Improvement plans for review and approval by the City Engineer. 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. LANDSCAPING 108. Final Landscape and Irrigation Plan. A Final PL Issuance of Standard Landscape and Irrigation Plan prepared and stamped Building by a State licensed landscape architect or registered Permits engineer, along with a cost estimate of the work and materials proposed, shall be submitted for review and approval by the Community Development Director. Landscape and irrigation plans shall provide for a recycled waters stem. 109. Completion of Landscaping (see Phased B Occupancy Standard Occupancy Plan). 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 completion bond for the value of the deferred landscaping and associated improvements. 110. Standard Plant Material, Irrigation and PL Issuance of Standard Maintenance Agreement. The Applicant/Developer Building shall complete and submit to the Dublin Planning Permits 21 When NO. CONDITIONS OF APPROVAL Agency Required, Source Prior to: Department the Standard Plant Material, Irrigation and Maintenance Agreement. 111. Landscape Borders. All landscaped areas shall be PL On-going Standard bordered by a concrete curb that is at least 6 inches high and 6 inches wide. Curbs adjacent to parking spaces must be 12 inches wide. All landscaped areas shall be a minimum of 6 feet in width (face of curb to face of curb) unless modified in this application. Concrete mow strips at least 6 inches deep and 4 inches wide shall be required to separate turf areas from shrub areas. 112. Maintenance of Landscape. All landscape areas on PL On-going Standard the site shall be enhanced and properly maintained at all times. Any proposed or modified landscaping to the site, including the removal or replacement of trees, shall require prior review and written approval from the Community Development Director. 113. Water Efficient Landscaping Ordinance. The PL Completion of Standard Applicant/Developer shall submit written Improvements documentation to the Community Development Director (in the form of a Landscape Documentation Package and other required documents) that the development conforms to the City's Water Efficient Landscaping Ordinance. PASSED, APPROVED AND ADOPTED this 22nd day of July 2014 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commissioner Chair ATTEST: Assistant Community Development Director G:IPA 120141PLPA-2014-00014 Fallon Gateway SDR-PD amendmenty c Meeting.7.22.141PC Reso-SDR&Parcel Map Fallon Gtwy Phase 4.doc 22