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Home My WebLink About02-14-2012 - Agenda PacketPlanning Commission Regular Meeting City of Dublin February 14, 2012 City Council Chambers 7:00 P.M. 100 Civic Plaza 1. CALL TO ORDER & ROLL CALL 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ADDITIONS OR REVISIONS TO THE AGENDA 4. MINUTES OF PREVIOUS MEETINGS – January 24, 2012 5. ORAL COMMUNICATION - At this time, members of the audience are permitted to address the Planning Commission on any item(s) of interest to the public; however, no ACTION or DISCUSSION shall take place on any item, which is NOT on the Planning Commission Agenda. The Planning Commission may respond briefly to statements made or questions posed, or may request Staff to report back at a future meeting concerning the matter. Furthermore, a member of the Planning Commission may direct Staff to place a matter of business on a future agenda. Any person may arrange with the Planning Manager (no later than 11:00 a.m., on the Tuesday preceding a regular meeting) to have an item of concern placed on the agenda for the next regular meeting. 6. CONSENT CALENDAR 7. WRITTEN COMMUNICATIONS 8. PUBLIC HEARINGS 8.1 PLPA-2011-00058 Fiorano II Site Development Review for a portion of the Positano project which includes 5 single-family detached residential units on Lots 131 through 135 within Tract 7854 8.2 PLPA-2011-00057 All American Label Conditional Use Permit and Site Development Review to allow a 4,456 square foot unenclosed addition, for the purposes of outdoor storage, to an existing 23,994 square foot building at 6958 Sierra Court 9. NEW OR UNFINISHED BUSINESS 10. OTHER BUSINESS: Brief INFORMATION ONLY reports from the Planning Commission and/or Staff, including Committee Reports and Reports by the Planning Commission related to meetings attended at City Expense (AB 1234). 11. ADJOURNMENT This AGENDA is posted in accordance with Government Code Section 54954.2(a) and Government Code Section 54957.5 If requested, pursuant to Government Code Section 54953.2, this agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12132), and the federal rules and regulations adopted in implementation thereof. To make a request for disability-related modification or accommodation, please contact the City Clerk’s Office (925) 833-6650 at least 72 hours in advance of the meeting. A complete packet of information containing Staff Reports (Agenda Statements) and exhibits related to each item is available for public review at least 72 hours prior to a Planning Commission Meeting or, in the event that it is delivered to the Commission members less than 72 hours prior to a Planning Commission Meeting, as soon as it is so delivered. The packet is available in the Community Development Department. (OVER FOR PROCEDURE SUMMARY) G~~~ OF DUe~ti ~~~ ~~LIFOR~~~ AGENDA STATEMENT PLANNING COMMISSION MEETING DATE: February 14, 2012 SUBJECT: PUBLIC HEARING: PLPA-2011-00058 Fiorano II Site Development Review for a portion of the Positano project which includes 5single-family detached residential units on Lots 131 through 135 within Tract 7854 Report Prepared by Mike Porto, Consultant PlannE~r EXECUTIVE SUMMARY: The Planning Commission will consider a Site Development Review (SDR) for a portion of the Positano project known as Fiorano II for 5single-family detached residential units. The SDR proposes to develop 2 of the original Fiorano I plan types on 5 existing residential lots with 4 different architectural elevation styles, fencing, landscaping, and site planning, etc. RECOMMENDATION: 1) Receive Staff presentation; 2) Open the public hearing; 3) Take testimony from the Applicant and the public; 4) Close the public hearing and deliberate; and 5) Adopt Resolution approving a Site Development Review for Fiorano II at Positano for 5single-family detached residential units on lots 131 through 135 within Tract 7854. ,~.1 C°~ /'I l ~~ ~ R. Submitted By Consulting Planner COPIES TO: Applicant Property Owner jam--- evi By Planning Manager ITEM NO. Page 1 of 9 G:IPAi'~~2011 iPLPA-1011-00058 Fiorano 11 SDR DR Horton'~~PCSR FIORANO I12.1~/.l2 SDR.doc PROJECT DESCRIPTION: Background The Positano project is a 488-acre area which is part of the 1,134-acre Fallon Village. The Planned Development zoning for Positano (PA 05-038) was approved in December 2005 and included a Stage I and Stage II Development Plan. The approval also included Vesting Tentative Tract 7586 approved in November 2005 by Planning Commission Resolution 05-61 as a subdivision of 1,043 low density residential lots. Vicinity Map The Positano project is generally located north and east of Fallon Road extending to the City limits. The project also is located within the Eastern Dublin Specific Plan Area. The following map describes all of the various neighborhoods in Positano that have been approved to date. 2 of 9 .~~ •. ~ -___-- - ~. J /{ ' d O Tea tYL Hei My fNe My 6a Uy! A) fiI kMlPemee ]Y.YI , ~ Nj '?!?'~ tiucr cress ' ~ O CAATAlAIlOe pI lad ` i4Jh. { - ~ ~ c.u.Twu a sue ~ ~wl..l . a W ~ ~ F 1 . ~~ ~~ r - Tee tV. Re! M.p ®(wr Mytr>W el ro,w.arm.~ee.+i 1 ~ „K. 7RII~i f155 ~ . ,; L O Ter eu. yr My tH kblP-m.r~ lln.rt s ., _ r 4 ~.' 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During the mass grading for the entire 488 acres Positano community Braddock and Logan determined that a smoother more natural transition between their property and the Lin's Dublin Ranch Golf Course could be achieved if the two developers worked together. The result was that 35 lots were created as a part of Positano but the ownership was retained by the Lins. The proposed Site Development Review (SDR) affects 5 lots that werE; owned by the Lin Family. These lots are within the portion of the Positiano project formerly known as Salerno II at Positano. The Salerno neighborhood project was approved for 1 i'5 single-family detached residential units. Twelve of the lots within Salerno II were not develop~~d and the proposed SDR is for 5 of those lots. The remaining 163 lots within the Salerno neighborhood have been developed and are now occupied. The 5 lots have been mass graded and retaining walls constructed in accordance with the Conditions of Approval for Vesting Tentative Tract Map 7586 and are currently vacant, however the streets are paved. Also, the entire utility infrastructure has been constructed. The developments to the north (K. Hovnanian) currently are under construction and developments to the east (Braddock and Logan) are constructed and occupied. The Applicant, D. R. Horton, currently requests approval of a Site DE~velopment Review (SDR) Permit for 5 lots within Positano (Lots 131-135 of Tract 7854). The proposal includes two different floor plans, including a one single story plan, one two story plan with four distinct architectural elevation styles. The SDR provides that 2 elevation styles will be used on the single story plan and 3 elevation styles will be used on the 2-story pl~ln. These elevation styles are identical to the existing Fiorano I Plan. 3 of 9 ANALYSIS: The Site Development Review addresses the site layout and architecture, as well as front yard landscaping, hardscape, and details for walls and fencing. None of the development standards (i.e. lot size, setbacks, building height, parking, etc.) adopted as a part of the Stage II Planned Development are proposed to be changed. A Resolution requesting approval of the SDR is included as Attachment 1. Site LayoubPlotting -The 5 lots on which the proposed Fiorano II units are to be constructed are already subdivided and are existing legal lots: Lots 131 through 135 of Tract 7854. The lots range in size between 7,963 square feet up to 9,308 square feet. Thf~ Applicant's project plans are included as Attachment 2. Fiorano Site Plan Floor Plans - D.R. Horton is proposing to use their previously approvE=d Plan 1 and Plan 2. The floor plans would range in size from 1,953 square feet (for Plan 1) to 2,266 square feet for Plan 2. Plan 1 is a single story and Plan 2 is a two story plan with a 3~d car tandem garage. Table 1 shows proposed square footage, bedrooms, bathroom, parM;ing, available styles, and the Granny Flat option for each of the proposed plans: Table 1: Fiorano II -Floor Plans Square Optional Floor Plan~'~ Bedrooms Bathrooms Footage Elevations~2~ Parking Granny (t pical)~'~ Flat Plan 1 3+ 1 opt. 2+ 1 opt. 1,953 sf A& C 2 -- Plan 2 4 + 1 opt. 2.5 + 1 opt. 2,266 sf A, B & C 3 or 2 +318 sf Total: 5 units ~'~ Living area only. Uzi (A) Craftsman, (8) Spanish Colonial, (C) Cottage 4 of 9 Plan 1 -Plan 1 is a single-story floor plan designed for a young or mature family and offering a low profile to the street with a porch element to mark the entry on the front elevation. Plan 1 provides 3 bedrooms and 2 bathrooms and offers two options: (1) an office or a fourth bedroom with third bathroom, and (2) a third bedroom which can be built out as an office or formal dining area. Lot 132 will be constructed as a C elevation, Cottage and Lot 134 will be constructed as an A elevation, Craftsman. Plan 2 -Plan 2 is designed with a side door front entry. A strong porch element allows this plan to maintain a low profile to the street with a recessed second level, especially on corner lots. This floor plan appears to be flexible in terms of build-out options. A library or den is located off of the entry at the front of the home and separate from the living area. All four bedrooms, including the master suite, are located on the second floor. Bathrooms include the master bath, upstairs bathroom, and a powder room on the ground level which can be expanded to a full third bathroom. The laundry area is located on the second floor. The downstairs space, shown on the basic plan as a third tandem parking stall, allows for a number of optional configurations. One would be a 318 square foot Granny Flat with separate entry, bathroom, and kitchenette. A second option allows for a garage workshop, and a third option could accommodate a fifth bedroom. Lot 131 will be constructed as an A elevation, Craftsman; Lot 133 will be constructed as a B elevation, Spanish Colonial and Lot 135 will be constructed as a C elevation, Cottage. Architecture -This SDR offers 2 elevation styles for the Plan 1 and 3 elevations styles for the Plan 2. The use of multiple styles over the 5 lots is intended to enhance the diversity of the street scene with varied roof forms, pitches, and overhangs; window shapes and mullion variations; shutter configurations; trim profiles; gable end treatments; exterior materials; and style-specific details. The garage facades have been de-emphasized with architecture forward plans, multi-plane front elevation setbacks, and recessed doors. A wide color palette will be available to provide an additional layer of diversity to the exteriors. The massing of the buildings offers strong one-story elements to the street and stepping at the sides to avoid "boxy" homes and to provide an interesting and pedestrian-friendly streetscape that will blend well with the existing homes in the area. Exterior elevations of all styles primarily are stucco finished with accents in manufactured stone, brick elements and wood siding in the gable ends. Roof materials on all styles are flat concrete tile. Second floor bands and pop outs are used to visually break-up exterior elevation surfaces. The Stage II Development Plan includes Design Guidelines which include a series of architectural styles. The Applicant chose 3 styles and in no case are the same styles plotted next door to each other. The following provides an abbreviated description of each approved architectural style reflecting the proposed exteriors: - (A) Craftsman -The Craftsman style has not been represented in any of the previous SDR approvals for Salerno so far until this project, but was included with the original design guidelines approved for Positano in 2005. For this project, the Craftsman style roof lines are almost exclusively gable, except on Plan 1 which uses a basic hip structure over the main structure. Exterior elements include: double wood-post porch supports on manufactured stone-clad pylons, louvered vent or lap-siding gable end treatments, and extended beams with kicker supports. Header articulation and heavy sills with supports accent the windows which are also delineated with upper mullions. This style is available for all three floor plans. 5 of 9 - (B) Spanish Colonial -The Spanish Colonial style also has not been represented in any of the previous SDR approvals for Salerno until this project, but was included with the original design guidelines approved for Positano and has been approved for Cantara. Prior SDR approvals for Salerno have included a Spanish style. The Spanish Colonial style proposed for Fiorano at Positano uses arched porch elements and louvered vents, recesses, or decorative accented gable ends. Windows are defined with plank shutters, square or vertical mullions, and supported heavy window sills that provide the appearance of pot shelves. This style is used for 2 of the 3 floor plans. - (C) Cottage -The Cottage style uses hip, gable, and shed elements for the roof. Porches are supported by tapered wooden columns, and gable ends are shingled with exposed corbels. Windows are accented with heavy articulation, louvered shutters, and vertical mullions. This style is used for 2 of the 3 floor plans. Parking - In accordance with the development standards, each single-family home in the Fiorano II neighborhood is provided, at a minimum, with atwo-car garage. In addition, the Plan 2 also has a third tandem parking space within the garage which can be built out as a 318 square foot Granny Flat. Parking for the Granny Flat units would be permitted as an exterior tandem space on-site in the driveway or within the excess curbside guest parking. As before, the guest parking will meet or exceed 1 space per home, located curbside along each of the public streets within the subdivision, except where marked for traffic safety and access by emergency vehicles. Landscaping/Fence Plan -The Landscaping Plan in the current submittal generally reflects the plans approved with the previous SDR for Salerno. The current submittal addresses walls and fences within the previously approved design and hierarchy that are applicable to this neighborhood. As with the overall SDR approved previously for Salerno, the landscaping is proposed to be generous, with trees within the parkway lining Forino Drive in front of the homes. The landscape plans in the current submittal have been revised to reflect the building footprint of each revised floor plan. Atypical landscape/site plan is provided for both floor plans. Access -Primary access to the 5 lots comprising Fiorano II at Positano will be from Salerno Drive to the east. The lots front onto Forino Drive. Development Standards -The PD development standards established a minimum lot size of 5,000 square feet. Maximum lot coverage for single story homes (Plan 1) was established at 55%. Lots developed with 2-story homes (Plans 2) are limited to a maximum of 45% coverage. These standards would not change. The project is in conformance with these development standards. Rear yards would range between 17 feet and 56 feet minimum for the flat usable area. Each lot has a up slope in the rear yard beyond the flat usable area making the actual rear yard setbacks range between 70 to 94 feet to the property line shared with the K. Hovnanian homes Affordable Housing/Inclusionary Zoning -These lots are accounted for in the overall Affordable Housing Agreement for Positano. Public Art Compliance -The project is not subject to the City's public art requirements as it is less than 20 units. 6 of 9 CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLAN AND ZONING ORDINANCE Under the General Plan and the Eastern Dublin Specific Plan, the area within the proposed project is designated "Residential: Single-Family." The site is zoned "PD-Low Density/Single- Family Residential." PA 05-038 approved in 2005 established the Stage 2 Planned Development zoning and Development Standards. The current SDR request would have no effect on consistency with the General Plan land use designation and Planned Development zoning determined at that time when the project was initially approved. The proposed project has been reviewed for conformance with the Community Design and Sustainability Element of the General Plan. The project itself is a portion of a larger project already approved that has implemented pathways, gathering spaces, open spaces and a village concept. Additionally, D. R. Horton intends to exceed the City of Dublin Green Building Ordinance and will exceed the 50 point threshold in the City's program (See Attachment 3). In general, D. R. Horton is furthering the goals of the Community Design and Sustainability Element of the General Plan by providing a high quality of life and preserving resources and opportunities for future generations. ENVIRONMENTAL REVIEW: The proposed project is part of the larger project known as Fallon Village (formerly known as the Eastern Dublin Property Owners, or EDPO). In 2002, a number of owners in Eastern Dublin filed applications for annexation of portions of the current project site to the City and to the Dublin San Ramon Services District (DSRSD.) At that time, the City prepared and certified a Supplemental Environmental Impact Report (SEIR) (SCH # 2001052114, Resolution 40-02) for that project. The SEIR was a supplement to the 1993 Eastern Dublin EIR certified by the City Council on May 10, 1993 (SCH # 91103064, Resolution 51-930). Both the 1993 EIR and 2002 SEIR are incorporated herein by reference. The Fallon Village project proposed in 2005 (for PA 04-040) included a specific proposal for the Braddock and Logan properties (PA 05-038), now referenced as Positano. Based on the results of an Initial Study, the City prepared a Draft SEIR to the 1993 and 2002 EIRs which was circulated for public review from August 23, 2005 through October 6, 2005 (SCH #2005062010). A Final SEIR dated October 2005 containing written responses to all comments received on the Draft SEIR and was reviewed and certified by the City Council on December 6, 2005 by Resolution No. 222-05. Significant unavoidable impacts were identified in these EIR's that required the City Council to adopt Statements of Overriding Considerations with the approval of each EIR. The proposed SDR would not require any further environmental review. PUBLIC NOTICING: In accordance with State law, a public notice was mailed to all property owners and occupants within 300 feet of the proposed project to advertise the project and the upcoming public hearing. A public notice was also published in the Valley Times and posted at several locations throughout the City. A copy of this Staff Report has been provided to the Applicant. 7 of 9 ATTACHMENTS: 1) Resolution approving a Site Development Review for Fiorano II at Positano for 5single-family detached residential units on lots 131 through 135 within Tract 7854. 2) Applicant's submittal package dated December 16, 2011. 3) Green Point Rated Checklist. 8 of 9 GENERAL INFORMATION: PROPERTY OWNER: APPLICANT: LOCATION: ZONING: D. R. Horton, Northern California Division c/o Dean Mills 6630 Owens Drive Pleasanton, CA 94588 D. R. Horton, Northern c/o Dean Mills 6630 Owens Drive Pleasanton, CA 94588 California Division The project area is located north of Positano Parkway, north of Forino Drive, west of Salerno Drive. APNs: 985-0076-065, 985-0076-066, and 985-0076- 067, 985-0076-068, 985-0076-069. (Lots 131 through 135 of Tract 7954) PD-Residential: Low Density/Single-Family GENERAL PLAN & EASTERN DUBLIN SPECIFIC PLAN: Residential: Single-Family 9of9 RESOLUTION NO. 12-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A SITE DEVELOPMENT REVIEW FOR FIORANO II AT POSITANO FOR 5 SINGLE-FAMILY DETACHED RESIDENTIAL UNITS ON LOTS 131 THROUGH 135 WITHIN TRACT 7854 (APN'S 985-0076-065, 066, 067, 068, and 069) PLPA-2011-00058 WHEREAS, the Applicant, D. R. Horton Northern California Division, has requested approval of a Site Development Review, PLPA 2011-00058 for 5single-family detached residences on lots 131 through 135 of final Tract 7854; and WHEREAS, Fiorano II at Positano Positano Parkway, north of Forino Drive, w Positano project over all within the Salerno II is located within Salerno II in the vicinity north of Est of Salerno Drive in the southwesterly area of the neighborhood; and WHEREAS, the proposed project is located within the Eastern Dublin Specific Plan and the Planned Development Zoning District, PA 05-038; and WHEREAS, Site Development Review PA 07-005 was approved for 247 detached single-family homes on 72 acres for the first phase of the neighborhood known as Cantara (72 detached single-family homes) and the Salerno II neighborhood of 175 detached single-family homes, which have all been constructed and occupied except for 12 of the Lin lots; and WHEREAS, on November 8, 2005, the Planning Commission adopted Resolution No. 05-61 approving Vesting Tentative Tract Map 7586 of which Final Map 7584 is a part; and WHEREAS, on December 13, 2005, the City Council adopted Ordinance No. 32-05 approving Planned Development (PD) Rezoning -Stage 1 Planned Development zoning for the entire 1,134-acre Fallon Village (PA 04-040) and Ordinance 33-05 approving the Stage 2 Planned Development Plan and zoning for the 488-acre Braddock & Logan properties (PA 05- 038) now known as Positano; and WHEREAS, on December 6, 2005, the City Council adopted Resolution No. 222-05 regarding PA 04-040 and PA 05-038 certifying a Supplemental Environmental Impact Report (SEIR) (SCH #2005062010) to the Eastern Dublin EIR, a program EIR, initially certified by the City of Dublin in 1993 (SCH#91103064) and the Supplemental EIR for the Eastern Dublin Property Owners (EDPO) (SCH # 2001052114) certified in 2002 by Resolution 40-02; and WHEREAS, no further environmental review is required. There are no new impacts identified with this proposed project that are beyond those impacts studied in the Supplemental Environmental Impact Report, and WHEREAS, a complete application was submitted and is available and on file in the Community Development Department; and ATTACHMENT 1 WHEREAS, the Applicant has submitted project plans, including floor plans and elevations, dated received December 16, 2011, for a Site Development Review relating to Fiorano II at Positano; and WHEREAS, the Planning Commission did hold a public hearing on said application on February 14, 2012, for this project; 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 amendment; 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 amendment for 5 lots of Tract 7854 known as Fiorano II at Positano: 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 housing opportunity; 3.) the project is consistent with the General Plan and Eastern Dublin Specific Plan Land Use designation of Low Density Residential; and the project complies with the development standards established in the Stage 2 Development Plan. 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 lay out and subdivision mapping and blends well with the surrounding properties; and 2.) complies with the development regulations set forth in the Zoning Ordinance where applicable. C. The design of the project is appropriate to the City, the vicinity, surrounding properties and the lot in which the project is proposed; 1.) The proposed project augments the architectural style offerings in the vicinity; 2.) The size and mass of the proposed houses are consistent with the lot sizes and other residential developments in the surrounding area; 3.) the proposed project will supply a unique and varied floor plan options allowing for a single story plan and granny flats; and 4.) The proposed project will provide more design offerings contributing to a more "custom" look of the Positano development. D. The subject site is suitable for the type and intensity of the approved development because: 1.) The lots have already been subdivided to conform with the General Plan, Eastern Dublin Specific Plan and the Stage 1 and 2 Development Plans for this 2 area; and 2.) the proposed homes to be developed on the property meet all of the development standards established to regulate development in Fallon Village. E. Impacts to existing slopes and topographic features are addressed because: 1.) the proposed project site is already subdivided, 2.) the infrastructure is constructed including streets and utilities, 3.) all grading has been completed, and 4.) retaining walls constructed to establish the required lot size and building envelope. 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: 1.) the proposed houses will utilize 4 of the approved architectural style standards established in the Fallon Village Development Plan, 2.) the materials referenced in the style guidelines will be utilized, 3.) the homes when constructed will blend with and be similar to homes already built and occupied in the general vicinity; and 4.) the color and materials proposed are similar and complementary to colors and material being utilized on homes in the vicinity. 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.) all perimeter landscaping, walls, fences and hardscape have already been installed and no augments are proposed; and 2.) the project front yard landscaping and sideyard fencing is consistent with other developments currently under construction in the vicinity and conforms with the requirements of the Stage 2 Development Plan. H. The site has been adequately designed to ensure the proper circulation for bicyclist, pedestrians and automobiles because: 1.) all infrastructure including streets, parkways, pathways, sidewalks, street lighting has already been constructed; and 2.) development of this project will conform to the major improvements already installed allowing residents the safe and efficient use of these facilities. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin does hereby approve the amended Site Development Review amendment for the proposed project known as Fiorano II at Positano (5 units), as shown on plans prepared by KTGY Architects, Gates and Associates, and Mackay & Somps dated received December 16, 2011 subject to the conditions included below. 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.1 Planning, [Bl Building, [POI Police, [PWl Public Works P&CSl Parks & Community Services, [ADMI Administration/City Attorney, [FINI Finance, [Fl Alameda County Fire Department, fDSRI Dublin San Ramon Services District, [COI Alameda County Department of Environmental Health, [Z71 Zone 7. 3 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: PLA NNING DIVISION 1. Approval. This Site Development Review approval is for PL Ongoing Standard the construction of 5single-family detached residential units on Lots 131 through 135 within Tract 7854. This approval shall be as generally depicted and indicated on the plans prepared by KTGY Group, Inc. Architects + Planning, Gates and Associates, and Mackay & Somps dated received December 16, 2011 on file in the Community Development Department, and as specified by the followin Conditions of A royal for this ro'ect. 2. Effective Date. This Site Development Review approval PL Ongoing Standard becomes effective 10 days after action by the Planning Commission. 3. Compliance with previous approvals: The Applicant PL On-going Standard shall comply with all Conditions of Approval for Vesting Tentative Tract 7586 as approved by the Planning Commission, Resolution No. 05-61 on November 8, 2005. 4. Permit Expiration: Construction or use shall commence PL One year Standard within one (1) year of Site Development Review (SDR) from approval, or the SDR shall lapse and become null and approval void. Commencement of construction or use means the actual construction or use pursuant to the approval, or demonstrating substantial progress toward commencing such 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 SDR expires, a new application must be made and processed according to the re uirements of the Dublin Zonin Ordinance. 5. Revocation of permit. The permit shall be revocable for PL Ongoing Standard cause in accordance with Chapter 8.96 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this ermit shall be sub'ect to citation. 6. Time Extension. The original approving decision-maker One year Standard may, upon the Applicant's written request for an extension following of approval prior to expiration, and upon the determination approval that any Conditions of Approval remain adequate to date assure that applicable findings of approval will continue to PL be met, grant a time extension of approval for a period not to exceed six (6) months. All time extension requests shall be noticed and a public hearing or public meeting shall be held as required by the particular Permit. NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: 7. Required Permits. Applicant/Developer shall comply with PL, PW Issuance of Standard the City of Dublin Zoning Ordinance and obtain all Building necessary permits required by other agencies (Alameda Permits County Flood Control District Zone 7, California Department of Fish and Game, Army Corps of Engineers, Regional Water Quality Control Board, State Water Quality Control Board) and shall submit copies of the permits to the Public Works De artment. 8. Requirements and Standard Conditions. The Various Issuance of Standard Applicant/Developer shall comply with applicable Alameda Building County Fire, Dublin Public Works Department, Dublin Permits 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 re uired have been or will be met. 9. Modifications: The Community Development Director PL On-going Standard may consider modifications or changes to this Site Development Review approval if the modifications or changes proposed comply with Section 8.104.100 of the Zonin Ordinance. 10. Satellite Dishes: The Developer's Architect shall prepare PL Issuance of Project a plan for review and approval by the Director of building Specific Community Development and the Building Official that permit provides a consistent and unobtrusive location for the placement of individual satellite dishes. Individual conduit will be run on the interior of the unit to the satellite location on the exterior of the home to limit the amount of exposed cable required to activate any satellite dish. It is preferred that where chimneys exist, the mounting of the dish be incorporated into the chimney. In instances where chimneys do not exist, then the plan shall show a common and consistent location for satellite dish placement to eliminate the over proliferation, haphazard and irregular lacement. 11. Indemnification: The Developer shall defend, indemnify, PL, B On going Standard 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 em to ees to attack, set aside, void, or annul NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: 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 roceedin s. 12. Retaining Walls: The developer shall indicate on the plot PL Issuance of Project plans, with dimensions, the precise location of the point on building Specific the side yard retaining walls where the wall material will permit change from precision block (able to be stuccoed) to split face block. The intent of this condition is to assure that the entire portion of the wall visible to the street (from the perpendicular side-yard fence to the end of the wall closest to the street) is able to be enhanced with stucco material as required in the Planned Development Plan. Also, it is intended that the perpendicular side yard fence should be located at the transition point of the two block materials. No stucco wall face should occur behind the perpendicular side yard fence. Potential issues may arise in the field conditions which will be addressed on a case- by-case basis as directed by the Stage 1 and Stage 2 Planned Develo ment Plan. 13. Clean up. The Applicant/Developer shall be responsible PL Ongoing Standard for clean-up and disposal of project related trash and for maintainin a clean, litter-free site. 14. Controlling Activities. The Applicant /Developer shall PO, PL Ongoing Standard control all activities on the project site so as not to create a nuisance to the surroundin residences. 15. Noise/Nuisances. No loudspeakers or amplified music PO, PL Ongoing Standard shall be permitted to project or be placed outside of the residential buildin s durin construction. 16. Accessory Structures. The use of any accessory PL, B, Ongoing Standard structures, such as storage sheds or trailer/container units F used for storage or for any other purpose during construction, shall not be allowed on the site at any time unless a Temporary Use Permit is applied for and a roved. NO. CONDITIONS OF APPROVAL Agency When Required, Prior to: Source 17. Final building and site development plans shall be PL Issuance of Project reviewed and approved by the Community Development building Specific Department staff prior to the issuance of a building permit. permit All such plans shall insure: a. That standard residential security requirements as established by the Dublin Police Department are provided. b. That ramps, special parking spaces, signing, and other appropriate physical features for the handicapped, are provided throughout the site for all publicly used facilities. c. That continuous concrete curbing is provided for all parking stalls, if necessary. d. That exterior lighting of the building and site is not directed onto adjacent properties and the light source is shielded from direct offsite viewing. e. That all mechanical equipment, including air conditioning condensers, electrical and gas meters, is architecturally screened from view, and that electrical transformers are either underground or architecturally screened. f. That all vents, gutters, downspouts, flashings, etc., are painted to match the color of adjacent surface. g. That all materials and colors are to be as approved by the Dublin Community Development Department. Once constructed or installed, all improvements are to be maintained in accordance with the approved plans. Any changes, which affect the exterior character, shall be resubmitted to the Dublin Community Development Department for approval. h. That all exterior architectural elements visible from view and not detailed on the plans be finished in a style and in materials in harmony with the exterior of the building. All materials shall wrap to the inside corners and terminate at a perpendicular wall plane. i. That all other public agencies that require review of the project are supplied with copies of the final building and site plans and that compliance is obtained with at least their minimum Code requirements. 18. Fees. The Developer shall pay all applicable fees in effect PW Zone 7 and Standard at the time of buildin ermit issuance includin ,but not Parkland In- NO. CONDITIONS OF APPROVAL Agency When Required, Prior to: Source limited to, Planning fees, Building fees, Dublin San Ramon Lieu Fees Services District fees, Public Facilities fees, Dublin Unified Due Prior to School District School Impact fees, Public Works Traffic Filing Each Impact fees, City of Dublin Fire Services fees, Noise Final Map; Mitigation fees, Inclusionary Housing In-Lieu fees, Other Fees Alameda County Flood and Water Conservation District Required (Zone 7) Drainage and Water Connection fees, and any with other fees either in effect at the time and/or as noted in the Issuance of Development Agreement. Building Permits 19. Final landscape plans, irrigation system plans, tree PL Issuance of Standard preservation techniques, and guarantees, shall be building reviewed and approved by the Dublin Planning Division permit prior to the issuance of the building permit. All such submittals shall insure: a. That plant material is utilized which will be capable of healthy growth within the given range of soil and climate. b. That proposed landscape screening is of a height and density so that it provides a positive visual impact within three years from the time of planting. c. That unless unusual circumstances prevail, at least 75% of the proposed trees on the site are a minimum of 15 gallons in size, and at least 50% of the proposed shrubs on the site are minimum of 5 gallons in size. d. That a plan for an automatic irrigation system be provided which assures that all plants get adequate water. In unusual circumstances, and if approved by Staff, a manual or quick coupler system may be used. e. That concrete curbing is to be used at the edges of all planters and paving surfaces where applicable. f. That all cut and fill slopes conform to the master vesting tentative map and conditions detailed in the Site Development Review packet. g. That all cut and fill slopes graded and not constructed by September 1, of any given year, are hydroseeded with perennial or native grasses and flowers, and that stock piles of loose soil existing on that date are hydroseeded in a similar manner. h. That the area under the drip line of all existing oaks, walnuts, etc., which are to be saved are fenced during construction and grading operations and no activity is ermitted under them that will cause soil com action NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: or damage to the tree, if applicable. i. That a guarantee from the owners or contractors shall be required guaranteeing all shrubs and ground cover, all trees, and the irrigation system for one year. j. That a permanent maintenance agreement on all landscaping will be required from the owner insuring regular irrigation, fertilization and weed abatement, if applicable. 20. Water Efficient Landscaping Regulations: The PL On going Standard Applicant shall meet all requirements of the City of Dublin's Water-Efficient Landscaping Regulations, Section 8.88 of the Dublin Munici al Code. 21. Sustainable Landscape Practices: The landscape PL On going Standard design shall demonstrate compliance with sustainable landscape practices as detailed in the Bay-Friendly Landscape Guidelines by earning a minimum of 60 points or more on the Bay-Friendly scorecard and specifying that 75% of the non-turf planting only requires occasional, little or no shearin or summer water once established. PUB LIC WORKS 22. 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 im acts of this ro'ect. 23. Developer shall obtain an Encroachment Permit from the PW Construction Standard Public Works Department for all construction activity within the public right-of-way of any street where the City has accepted the improvements. At the discretion of the City Engineer an encroachment for work specifically included in an Im rovement A reement ma not be re uired. 24. Developer shall obtain aGrading / Sitework Permit from PW Construction Standard the Public Works Department for all private grading and site improvements. This will include any community walls or soundwalls installed as part of the project. Wall construction will be subject to plan review by the Public Works Department and the Building Division, and will be subject to special inspections during construction. NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: 25. Plot plans shall be submitted for review and approval by PW Building Standard the Public Works Department and the Community Permits Development Department prior to approval of building ermits. 26. Roof drainage shall be connected to a closed conduit, PW Tract impmt Standard discharging to a curb drain or connected to the storm drain agreement system. Concentrated flows will not be allowed to drain across ublic sidewalks 27. The Developer is responsible for ensuring that all PW During Standard contractors implement all storm water pollution prevention construction measures in the SWPPP. 28. Removal of Obstructions. Applicant/Developer shall PW Issuance of Standard remove all trees including major root systems and other Occupancy obstructions from building sites that are necessary for Permits public improvements or for public safety as directed by the soils en ineer and Public Works Director. 29. Utility Siting Plan. The Applicant/Developer shall provide PW, PL Issuance of Standard a final Utility Siting Plan showing that transformers and Grading service boxes are placed outside of public view where Permits possible and/or screened to the satisfaction of the Community Development Director and Public Works Director. 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 En ineer/Public Works Director rior to installation. BUILDING DIVISION 30. 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 buildin ermit. 31. Retaining Walls: All retaining walls over 30 inches in B Through Standard height and in a walkway area shall be provided with completion guardrails. All retaining walls located on private property, over 24 inches, with a surcharge, or 36 inches without a surcharge, shall obtain permits and inspections from the Buildin Division. 32. Phased Occupancy Plan: If occupancy is requested to B Occupancy Standard occur in phases, then all physical improvements within of any each phase shall be required to be completed prior to affected occupancy of any buildings within that phase except for building items specifically excluded in an approved Phased Occupancy Plan, or minor handwork items, approved by the Communit Develo ment De artment. The Phased io NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: 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 Community Development Director, the completion of landscaping may be deferred due to inclement weather with the posting of a bond for the value of the deferred landsca in and associated im rovements. 33. Building Permits: To apply for building permits, B Issuance of Standard Applicant/Developer shall submit seven (7) sets of building construction plans to the Building Division for plan check. permit 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/Developertyill be responsible for obtaining the approvals of all participation non-City a encies rior to the issuance of buildin ermits. 34. Construction Drawings: Construction plans shall be fully B Issuance of Standard dimensioned (including building elevations) accurately building drawn (depicting all existing and proposed conditions on permit 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. 35. Air Conditioning Units: Air conditioning units and B Occupancy Standard ventilation ducts shall be screened from public view with of unit materials compatible to the main building and shall not be roof mounted. Units shall be permanently installed on concrete pads or other non-movable materials approved by the Building Official and Community Development Director. Air conditioning units shall be located such that each dwelling unit has one side yard with an unobstructed width of not less than 36 inches. Air conditioning units shall be located in accordance with the PD text. NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: 36. Temporary Fencing: Temporary Construction fencing B Through Standard shall be installed along the perimeter of all work under completion construction. 37. Addressing: B Issuance of Standard a) Provide a site plan with the City of Dublin's address building grid overlaid on the plans (1 to 30 scale). Highlight all permit and exterior door openings on plans (front, rear, garage, through etc.). (Prior to release of addresses) completion b) Provide plan for display of addresses. The Building Official and Director of Community Development shall approve plan prior to issuance of the first building permit. (Prior to permitting) c) Addresses will be required on the front of the dwellings. Addresses are also required near the garage door opening if the opening is not on the same side of the dwelling as the front door. (Prior to permitting) d) Address signage shall be provided as per the Dublin Residential Security Code. (Occupancy of any Unit). e) Provide a site plan with the approved addresses in 1 to 400 scale prior to approval or release of the project addresses. (Prior to permitting) f) Exterior address numbers shall be backlight and be posted in such a way that they can be seen from the street. 38. Engineer Observation: The Engineer of record shall be B Scheduling Standard retained to provide observation services for all the final components of the lateral and vertical design of the frame building, including nailing, hold downs, straps, shear, roof inspection diaphragm and structural frame of building. A written report shall be submitted to the City Inspector ,prior to schedulin the final frame ins ection. 39. Foundation: Geotechnical Engineer for the soils report B Through Standard shall review and approve the foundation design. A letter completion shall be submitted to the Buildin Division on the a royal. 40. Green Building: Green Building measures as detailed B Through Standard may be adjusted prior to master plan check application completion submittal with prior approval from the City's Green Building Official. Provided that the design of the project complies with the City of Dublin's Green Building Ordinance and State Law as applicable. In addition, all changes shall be reflected in the Master Plans. (Through Completion) 12 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: The Green Building checklist shall be included in the master plans. The checklist shall detail what Green Points are being obtained and where the information is found within the master plans. (Prior to first permit) Prior to each unit final, the project shall submit a completed checklist with appropriate verification that all Green Points required by 7.94 of the Dublin Municipal Code have been incorporated. (Through Completion) Homeowner Manual - if Applicant takes advantage of this point the Manual shall be submitted to the Green Building Official for review or a third party reviewer with the results submitted to the City. (Through Completion) Developer may choose self-certification or certification by a third party as permitted by the Dublin Municipal Code. Applicant shall inform the Green Building Official of method of certification prior to release of the first permit in each subdivision / nei hborhood. 41. Electronic File: The Applicant/Developer shall submit all B Issuance of Standard building drawings and specifications for this project in an building electronic format to the satisfaction of the Building Official permit 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 riot to the issuance of the final occu anc . 42. Construction trailer: Due to size and nature of the B Issuance of Standard development, the Applicant/Developer, shall provide a Building construction trailer with all hook ups for use by City Permits 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 expense. 43. Copies of Approved Plans: Applicant shall provide City B 30 days Standard with 4 reduced (1/2 size) copies of the approved plan. after permit and each revision issuance 13 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: S ECURITY AND POLICE 44. Security During Construction. PO, B, During Standard a. Fencing -The perimeter of the construction site shall PW construction 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 perimeter street adjacent to construction activities. 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. 45. Graffiti. The Applicant/Developer shall keep the site clear PO, PL Ongoing Standard of graffiti on a regular and continuous basis and at all times. Graffiti resistant materials should be used. PASSED, APPROVED AND ADOPTED this 14th day of February 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commissioner Chair ATTEST: Planning Manager G:IPA#120111PLPA-2011-00058 Fiorano 11 SDR DR HortonlPC Reso Fiorano 11 SDR 2.14.12.doc 14 Y y y n x z y N ~` ~z •Z ~C ~ C/~ _ m - T ~C7 D z 0 o~ m ~ n ~ ~ ~ r PTa ~ r ~ ~~ U:s. 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O O O O ~ ?. d' m m 'S _ . ~° o ~ m ~ ~ ~ fD ~ ~ N (D p tOii p -0 O N ~ 4t .~-. m N~~ O p ~ D Y ' _ ° ~ ~ o ~ ~ n ~ °? ~ ~- u, w ~ ~ a m a D ~ m co ~ ~, ~ ~. . c ~ (D N D N O N .< D. fD (D 41 O ~..~ A ~ _. d ( ,Z p~ (D . i ~ T C ~ -O 'o ~ < ~ m m _ ° N ~ vOi N N N //~~~~ iY °ro , o ~ , m' o m ` ~ ~ ~ ~ ~ ~ rh ~ p~j ~ n 7 n o co ~ w IV W O n-~ (O N ~ o - o /~ ~ ~ i.~. a ~~ a~~ c~ °o o `I m m ~ ~ D c , . p D m c~~ m ~'w • po n ~. D° rn a~ ~ m °' D `~ °' ~ ~ a '° G7 0 Q~ c ~ m Q m r ~ ~ m o v m~ v o m . ^ O ~ O M O W (D N~ Q l!"f a ~ d N= '~ (71 O~ V/ ~ ~ m L7 vOi ~ ~ ~ s m ~ c ' O G7 m ~ N ~ c ~ ~ ` ° N y0 o rn, y o ~ ~ 3 ~ (Q ffl ~ > u y' ~ a' ~ ~ ~p p - S ~ ~ 'm v ~ ~ ~ ~' o o ~ D ~ = (~ ~ ~• ~ ~ o ~ `D ~ c p m m ~ ~ 3 ~ D ~ O ~ _ a .-~. W y. /A~~+ W ( (D a o m o m r - ~. ~ c c . ~ Q m m -- ~ ~ o v, o m c a j• ~ m' A ~ T ° 0 v =~ --~ w V ~ T ~ - ° ~ ~ ,, 0 ~~ N ~~ cn ~ ~ A ~ _ ~F ~ v _.~ ~ - r~ T ATTACHMENT 3 0 C oa m m Z U? ~ ~ ~ ~_ 2~ N ~ ~ (D ~• m n N O fD 7 n A N v m N O Z Z Z Z Z ~ y ~ ~ ~ N ~ ~ ~n N ~ ~ ~ N Z ~ y ~ y Z O O o n . r ~ ! ~ ~ ' Z O Z O Z J Z O Z O Z O • Z O 0 0 0 0 0 o O Z ° o ~ o j t0 N i V ' T `CJI A ~ W ~ N i (~ rn rn . D ~ O % Vt A W N s O ,~ ' n O' N ~ ° ' ~ ~ Q N 7 ~ Q N 3 ~ C'7 Q N C1 O ~ c (7 m ~ `. CD ? ~ ~ m v ~ ~ '~ . 3 o i ; ~ f~y c;t~ c: ~ ~ '~ m cn ~ ~.. ~ iv ~ ~ -• . C~c~c~ - • 7 ~ 0 cncn~ << ~< y d 7 ~ ~~ C O C 3 o ~ zz~ X 0 0 a C1 o o C m O y ~• D~ v, - O ~ S N ' v S N v - m ; S IO T ~' ~ tC iv I cc 7 ~ fD '= O m m m ~ d '~ o m m - 2 3 3 y ~ ~, ~ a, y (n N O o ~ ~ ~ S O N< C i S o O D -p ~ ~ iv ~- ?~ Cp ~ ~ ~ 67 - , c O~ m , _ C7 n1 m -, n p, O O ' , 3 r cu ~ y inin%n N °: _ t0 ~ w ~ fn av ..~ = ~ ~~ai ,~~, ~ ~ - m C)~ ° ' ~~ 0 a '° ao m m a ,~ o~ ~ Ia~ c.-~ ~ > a > y , v a m v,' _ m ~ m ~' v, m m ` ° ~ c ~ ~ n~ o Z a. Div cn< A -o ~ -o m m ~ ~ m d ' y w o a -., 2 m ~. W ~,• ~ ~ ~,• o ~' I ~,~ ~ i O ' c- ~~ y d ~, m ~ ~ ~ r 01 N O O f o to y ~ ~ O Cf r'o ~ D ~ ~ (D (D ~ o m ~ cn o D • ry C ' ~. 7 ~ Q m ~, N ~ < m 5. N m ~ ~ ~, ~ .* ~ y ; ~ y ! C7 ~ _ N C 'p m ~ r C i fD U N Vi .y. o 7 y=~ ~`~~ fD y C~ ai O d m W O (D y n. A d . f'D ~ ¢ G y N a vn N O. ~ S cm•~ N cD ~a ~ O O l~~ O m ''. ~~ ¢' o ~ ~' o ~ a ~ y ~ N s~ m tc ~ ~ s m r ~ ~ p `< r~ ~ o m a iv' y ~ y mm m D~ y o = r m ~W m o ~ a m ~ ~, v ~ ~ ~ a ~ ?~ y -. n m ~ ~ ~. m ° _. ,.. m c7 ~ ~ U1 Cf ~ a, ~' O ~ (/) tU < y O fD ~ -± N 3 , to w C7 fD fD 61 ~ -O c ~7 N ~~'. f7 (D ,+ y Z N ~ ~ S?o C ~ 61 N f I ~ d. N 3 O ~ d '. (D 7 ~- ~ M m ~ p ~1 < ~ cn ~ N N O ~ . TI ~ o cc ~ ~ o ~, a ~ = ~ N ~ ~ ~ a ~ O c fD ce ~ a m ~ v, ~ d ~ ~ y 7 l' ~ ! ~ ~' o ` ~ ~ ~ ~. J ~ A ~ n m O oo~ 3 O 3 ~ f oov> ~ r > °~~y N ~ Q. . ~m'<r ~ `° y ~ o.~ ~ ~ o°'m n1 y ~~ id ~ vN,N N C NM o! ~ .. 3. ~. _ 0~ -p o '0 a r O d end p ~ 2 0~ w~ V7 o m o~ o j O C ' _ fD d C C t/f O N ~ N fA (/) Q W~ H (p n ~ (~D fD ~ S N 7 ~ N O. ~ d ~' O O) W ~ (D C7 (~ N~ O• y N f~D n ~ N O Q ca N a . . ~ ~ > > nQm m ~m n ~nw ~ p o ~' r a a a i ~ O o y ~, ~ ~ ~ 3 y Q 0_ ~ ~ ~ D n ico = D ~ O D O ' ~~ ~. ? m~ o N N ~ f ~+ ~ ~ ~ f y w ~ . ~ ~ ~ ~ ~ ` S 3• S ~ ~ O (D O N ~ it Z ~ ~ ~ y D C A A A i C) ~ f D o D~• r ° ~ < o_ y ° ~ k not °- D D jD D' -+ ~ ~ ~ N ~x O o ~ m ~ ~ ~ o _. o iv ~•o W D ~ D ~ D ~ ~! ~ ~ d y` d ~ in ~ O 4 O ~ O~ ~ ~ n ~ o ~ ' ! K D n Ul o Q m o Ct m - ~ ~ °: n~ ~ c ~ D S ( oi m C7 ~ ~ cn ~ A ~ ~ ~ o ~ n ' o 0 3 p o. ~ o ~ ~ v i ~, . _ iv ~ ~ °: a C7 ~ m o ~° ~ ~ ~ ~ ~ oT ~ ~ 1 ~ o N y ~ in ~ o. ~ ~ o V O ~ ~ ~+' O i ~ _ o. ij ~ u N i j Points O O O O O O O O O O O W O~ N O O O O O O O O O Achieved Community .. __ _ __ __ _ _ _._.. _.... __.. .. ... _ ._.,.. . _.. _.. _. _. N y .. _.~ .............. .._:.____ . _.. ..._ Energy _ ___ iT m ~ N _-- --- "' -- -___ IAQ/Health _ _~- __ _. .H _ _ , 6. _ __.. R _ 0 ~. in N N , N Resources - - - W W N A N W N N ~ ' Water O W C Q m fD Z CD ~ ~ ~_ 2 ~ 3 T v m ~ ~ ~. y. ~ o m ~ ~ •A N '0 N W O v ~~_ '~, z z z z z z z z z 0 z 0 ~ ~ z o z o ~ z o z 0 z 0 z 0 ~ z o `~ ~ z ~ z o z z ~~, 0 0 0 0 0 0 0 0 0 0 ~, ~, ~, ~, ~ in ~ ~~ <O 00 ~1 , C7 U1 (A W N ~ ' C W N n~~ m ~~a Qm ~ y ~~ ~m cn = m ~ Qn~ yC N N ~~3iym ~o-n~ C y ~oo ~ y ~m n~ o-n~ C O y Omm~m° Q m n o ~vg~ ~c~ Qn~ y~ .o , ~ ~co~-a> v ~ °° r m D m c w 6 n> ,~ ~ ~ V! ~ C .. d ~ ~ 0 ~ cn O O fp o °' o N N c ~ m c y ~ ~__ = m ~' co cn o co_ m O O N Q• ° °' ~ r N N m o n `< ~ ~i d c c ~ T T fD cn °. N N _ ~ m c c O ~, = v, to in a a o m n (( O la °°° a° ~ m m - m ~. o c . m c v N = ~ ~ O ~D O ~1 ~_ ~ ~-o ; f ~ m m in C7 n> c m < m= m= ~ .o r ~ p'Oj ~ p n. < ~ ~ N ~ D A )~ ~ ~ ~ I ~. ~ O O N ~ ~ _ . o_ N (D ` (D ~ ~ CO ~ O O ~ O (D Q. .. n ~' ~ ~ I,< a 4. =• ' ~' ~ ~ ~ ~ r G ~ C7 -p ~ W O O O ~ c ~_ c ~~ ~° ~~ ~ -Y M O A ~ p~j G C = to 7 d C N ~, n" pOj a ~ d d ~• d f'D O W O C p ~ T O O 7 "O ~ ° d ~ n ~ N ~ nl h a ~ !~ ~p S ~ O a- m ~ ~ a ~ ~ ~ .v-.. ~' ¢~ m b Vi N O m c = = f ~ ~ y c fn ~c v i c fD a f D ~ y . ( D . d T~ p r • o y ,. < m o °' °1 W ~ o n<< 3 O o 0 X N N~ 7 ~~ O O 7 d~ O p y f~D ~ Q ~ ~' (D C i ~ Q 3 C OW W ~ N~~~~ N~ ~ c O~ O a (ND d - D C ~C ~ ( ~ 2 fD ~' C : O G j y O .' _ ~ K n N n V~ ~ ~ m m °~ _ '" 3 ' -' o ; a ` o o- ~ ~ ° °-. ~ m _ ! r a ° v a w .< m m m m ~ T ~ ~ _ ° ° c a ~ D c N ~ ~ n i~ ~ i Q ~ o ° ~' ~ c S m m' ~ ~ y ~~ j~ m n.~.~Z ~ W ~ ~ O Q ~ o vo a ~ N T N y ~ ~ (D (D ~ S ~ S O ( ( f N l1 f ~ A t ~o ; G Cn fD 0 N d N ~ • ~ . 41] a ' ~C ~ p j .O . ~ ~1 N p O O a Q N O O. iv O' ~ j ~ Cn ~ ~ (D ' O l/i 7 0 C < ~ n n (D c fD O iZ i d (n fC ~ ~ N n ~ 7 0 G ~ W O c o 3 c y ~ ~ .~- a O a N C ry~ a N T ~ -~, N• ! m d 3 (p ~ N N W= CO d N c D c c ~ Ul ' ~ ~ p~ T_ d O~ ~ r i s D 7 a p~ (D Q (D N °" ' ° fD CD O U) ~ ~ ~ ~ O ~' ~ O fn . O O ~ "D T C7 ~. Q 'O N 'OO ~ f in in m ~ < m h o n ~ m x ~ m o m ~. m n ~ ~ ~ ~ ~ ~ ~ m ~ ~ ~ °' i nog ~ ° ~ ~ M ~ m ~ 1 ~ A fD O y % ~ i ~• N d ~ ~ - ~ W Od ~ O ~ ~ ~ i p~ ~ ~ ~~~ D x D ! ~ ~ D ~ a ~ ~ ~ ~n ~ c ~ n> ~, D O ~ o• ~ i i p ~ ~ ~• ~, ~ m ~ m 0 I ~ --I o ~ ~. = C m ~ o " o co m ~ ~ z ~ o; ° ` o~ ~ `: ~ o g m O ~ g Z ° C ~ m ce w _ o ~ ~ = m m' m' ~ o ~ g' Q _m ~ ~ m N .. j ~ w ~ rn cn ~ ~ ~ ~! Ti ~ ~ ~ D < in' ~ ~ m m ~ .r ~ ~ ~ i mi c ~ m { ~ N ~ ~ m i N (D ~ (T a ° i O j' d \ o r o ~ ~ a _ m v m n W cn Points 0 00 0 000 00 0 -»000 0 0 0~o rn o 0 0 0 Achieved Community __..._.. _ __ _ ___: _ ~ N _ Ener9Y is m IAQ/Health o ~ N N W ~ ~ ~ ~ ~ m N ~ W _ ~ in ~ Resources O c is G7 (D Z ~!? m ~ ~ ~_ _ ~ O T~ ~ ~ ~ ~. _~ O (D ~ ~ ~ - N v cn 0 5 z r0 .n m z 0 z o ~ m ~'m ~ m ~ m ~ m ~ m z o z 0 z 0 z 0 z 0 ~ ~ z o ~ m ~ m Z ~ ~ m ~ o z 0 z 0 z 0 X '~ ~ m m !~ m ~ m m ~ ~ ~ C m m m ~ ,~~, ~ i 2 jW '~ O • s :~~ i W NI ~ ~ fZ ~ j~ C71 A W NI ~ ~; ~ ,~ Q n v ~ ~~ ~DO i - ~ 'o ,~ lm m~ ~~ ~ ~ o- ~ v __~= ~ °: m n ~ o- m 3 p cnccc *=x~ ~G~ i ~ Q m~ ~~g~ (Z ~ c m c m ~ ~ ~y c m ~ ~ ~~ ~ -Im ~r m sue, ~G7v, o ~Z il ' m ~- co'~ ~<n' ~~ m ~ m ~ ~, ~m ~ m ~v, ~ ~ n m m m _~c cav ~ io ~. m sv io _ ~ ~ i O O °' . ~, s n1 m<n ~ ~ r n m ~ ~~ n o ;~ O m m ~ m m C~ ~ ~ ? ~ ~' iv a c ~ ~v, ~ ~' ~ ; d n~ °' ~ ~ '<_ ~ c.~ _ ~~ n °-~ a ~ a y ~ ~ ~ n c~. n c~ c~ ~ ~ °-, ~~ ~~ Q y ~ p - rt ~ I c ~ fD N cl• _ ~ N o 7 ~ m p7 i r' (n O I~N~-~o~'~m ~ ~Z = D~. ~ 7 N~ ~~m~ 7 T ~ r' O N (OD '_' = N O n°ovmm~'oOm 3 ~. ~ ? ~ d c tv a ~ N d ~d ~ ~ m N 'O N ~ N ~~~ ~ m 2 ~ ~ ~ r Om ~ W ~ av ~ ~ ' ~ O 'O ~ d d tl7 ~ ,~+ m m v~~ ~°' • 7 , ~ , 3 . _n z N ~ ~ = ~ o " m - III D `~ ~ D d~ 2 (o c c ~_. ~ n t D I- ~ m ~?. N ( 1 ~ O O m m ~ C ~'e ~ .... C d N~ 41 _ f c ~ w n~ ~ ~ ~ Z ( ~ rt ~ i ' B ~ O ~ O c O m -i ~. ~ W 7 ~ j n 7 O x T = to W ~ ~ O ' ~ f~D p d ~ COf ~ ~ ' ~ C7 ~~ m ~ m ~ ~n ~ 0 0~ p j n3t~ ni ~ n~ ~~~ m'm ~ y 3 ~ ~ ~~ ~ i' m ~n ' ~ ~ ~ ~ ~ m ~' ice ~ i Z ~~ a fD o o- a C ~ ~ ~' co ~ c c ~ ~ ~ ,~ ~ 3 3 ~ a ~ ~ ~ ~ coi r ^' ~ N ~ d v, c m ~ o ~ o~ m , m m m pni 0 vOi O ~ CI 'E ~I ._„ y cD - ~ v in O x N av a i m c > >~ ~ <n m E ~ Ci ! ~ Q ce o m c~ y co ~ ~ O ~ O ' . _ m m y ~ ~ Z n v m c ~~ ~ °' -~, o ~ n I ~ ~ a n F m; ~ _, o. a c7 D a, Z G7 m m Q m °, ~ o S cn Q, o ~, ` ~ ( o ~ °' ~ ~ _; ~ n i a- n ~ ~ ~ o• ~ m TI ~ ~ ~ ti i ~ e G1 ~ ~ ~ s ~ ' M i i ~ 3 y ~ N o. c ~ ( m ~ ~ s ~ ` ~ ~ `, c ~ 3 ~ ~ ~ N 3 ~ s ~ a A fD ~ ~ ~ ~ ~ ~ ~ o _. m Q ~ a a ~ ~ ~ ~ ~ ~ t of m . m cn - ~ rt ~ ~ ~ ~o D D O ~ , IA ~ ~ C~ O Dip ~_~ ~ ~ ~ D ~ ( O N ~ D a O ~ O ~' co ~ O N Can o ~ D ~ a - I y ~ N '~ ~ N~ N € O v O . . k ' C7 ~ a ` N ~ ~] ~ ~ ~ ~ ~ N 7 (D 00 ~ n d O 0 Q C I n 7 T i m i 0 ~~ N ~ O i~ ' O 0 O ~ f , `71 j n> -a ^ O ~ ~ r p O ~ i Q' ~ ~ c i Q ~ fD ~D a E ~ ~ - p . ~ °' . p m N m °, ~ rn ~ N o~ I 1 ~ ~ ~ ~~° • O % ~ ~ ~ _ f tm.. ~ ~ N ~ fp 1 ~ d ~ ~ j j f C 1 O X 7 ;O Q ~ ~ 11~ ' ~ ~~ (D I ( ~ ~ O. i II i ~ N II W i II Qo W. CO ~ O O A V N ~~ W O O 0 0 O N O S --~ W N -~ O O O ~' Points i CJ~ ~ Achieved . _ __,~.__~___.__,,, _. __ w,_!_ f I I Community A . ...~........_.., ~ °m y ..._, ~ ~ __.~..,....,..., _... _.... ~ ~ N ~ ~ N ~ ... ~ N Ener9Y ~ .. _ _ Q ~ ~ . y._. ~ _ __ _.._ _k ~ ~.._.~ ~ m o - - -- Q m o -- ? ! Q' m ~ IAQIHealth ~ ° o > in > in j ~' in ~' ~ ~' ~ n' ~ `~ Resources N W N ~ ~ ~ Water W C d G7 (D m Z ~ ~ _. ~ ~ 2 ~ o ~t N ~ ~ ~. ~ n _. S O (D 7 C) .p ~ N v m o z z rn , ~ z z ~ z Z z ~ z ~ z 0 z 0 z 0 z 0 z D z o z c 0 0 o m ~ ~, o o v, o D o ~, o ~, ~ ~ • W N -~ ?~ 'r j -~ •' ~ s •° ' fD d OD V I ~ Q1 ~ . AIW~ N i ~ O O ~ ~ + ITl .--. '0 7 ~ Q ~ N D :~ ~ Q v ~ D ~ N _ N ~ Z ~ M O ~ u! ~ a n D ~ • ~ ~ C O m Q v ;, ~ ~ y ! N ~ T ~ ur N N ~ ~ d ~ ~ ~ n ~ C ~j d 0 N < N ~ ~ ~~ ~ N U! d N N - O v d r - ~ 7 ~ m' 61 d ~ O ~ N to ~ ~ (~ 0~ t 01 p~ C O G1 ~ c ~ .. ~ m O ~ ~' = 3 f ~ (D - m~ n O. ?. 'p C 7 ~ ~ n a ~' ~ f Q Im m m 3 o Z C) ~ W ~ rn~ n m = ; N' N ~~ fU O i° c° c= d '! 01 (D v n IQ ='!=~T ° m~ ' < ~ ~ ., o ~ Q I ~~ aa~ '" m m D,~ a ~•Q a ~ = ~ `"~z~ m n y r:o~ a cn ..:s ~ ~ la`° a <a ~ D m ca cn , 2 m a ~ ~;~~~ ~':~ ~ ~ to m o,< ~cc o l-< ~ :ZQ ~ 0 0 0 ~~ ~n ~ ~ o mo ,~ m ~p ~ O ~, o o p O m m ~~ - ~~:CD m c» • ~.mm3m `~ a ~ o in ~ ~ ° ~ n ' y o • e m D~ ~ m c ~~ ~ o o . N ~ ~ ~ 3~ O ° ~ ~ o°i i cn v y ~ c ~ n~ ~ ~ ~' ~~, ~• ~, ~ c ~• l a~ ~ m ~ ~ c, ~ ~~~IN m n ;~ ~.; o 3 m y ~ ° c ~ ~ v ~ ~ ~ ~ °- ~ o. ~. ~. ~ ~ o ~ < D ~ c va c p ~ m ~ m ~ m m .fl ! d ~ ! 3 ` c Q o ~ ~ ! m a x g ~~ m° d T D p Z7 m cn d m•< c c.D n.o !,~~<i~: m y ~ ~ ~ 0 ~ ~ o m ~ N ~ ~ m o~ ~ cue ~ ~ m °: n' ~ N ~ ~ ~ {~ n ~ ~ ~ < i "O I ~ 7 ~ ~ ~ ~, c 2 m ~ m D ' ° o m ~ ~ ' Em C7 - o ~ m ~ m m n ~? ~ ? ~ ~ p ' o im v C o p t p a _. ~ ~ ~ .•. o u, m~ v, 3 ° o m ~ D iv 3 ~ v, ~ cn {~ ° ~n p m °~ m ~ o 3 m a a 0 ~ m 3! o . 3 v ;~ o 0 0 ~ ~ m v, is ° + ° a; N o °: ~ _ o y O 7 A 7 N ~ V _ N .Z1 ~ vi S O ~p Z N~ ~ ~?. d d , ,, n• C I O `G O= ~. ~; • ~`~ ' n o ~ ° 3 a ° am ~ r ~3 n '~ ° m ° F 3 ( ~i~; a '~ m . . o < ~ ~ iv f Z ~. ~• o c ~ N ~ D ~ D v, m r 0 m ur 0 ~. N - - ~. ~ m a m a a u, n I i o yn i ~ ~ O I Q S o o v, c° 3 c m N fi7 !D !/~ . co ~ iv ~ ~^ n 3 ~ o ~ y °• ~ o Z ~. ~. ~ ~ ~. , ~ ~ ~ O ~ c)• I ~ A O ~ (D `< O (D ~ - ° ~' O H O ~ 3 A ;~ ~~ L L vii ~ ~ m O, i A °' ' f ` ° ~ i ~ Z m °' c m ° p ~ ° m m ° S. ~ ~: ~ - ~ = ~~ m m v ~ m ~ ~ ~ ~ m I p ' m < ! .'~ ~ ~ °' m ur ~ ~ ni ~ m ~ ° o m m ~ _ ° ~° im ~ m ~ S ~ D 3 D m m a D D ~ o D p D ~ ~ + ~ UD co x 3 '-' fD D ° e i; o'p' ~ ~ p ~ m ~ ~ ~ ~, I cn D p- ° .. s ° b m a v 7 n i 7~ ~ n~ 3 ~~ ~ o ~ ~ s~ ~, ~ D V ~ << . m { a r . ~ ~ ~• ~ D O W o r O ~ ` 1 _ n co , ~ ° a ~ ~+ ~ o° m ~ a D n ~ `~ a - y I _ m ° ' ~ C -ti 9 0 u ~. G N v 0 0 0 v ~ o o ~ o D o ~ o ~ 0 0 0 0 0 0 o Points Achieved Community cNi, p y w _ Energy ~ N ~ ~ ~ ( ~ ~ ~ ~ N n:~ IAQ/Health j ~• rn Resources j Water O C a m m Z V? (D ~ ~_ 2 ~ o ~1 m m ~ ~ ~. ~_ n O (D ~ n ~P ~ N -0 cn m rn 0 ~ ~ z z ~ ~ z ~ m z z z ~ z z ~, W z z z c ' • O O O y O N O ~ O O O O O e ~ O O O ., ~ x v !z T UI Ja ~ W N ~ j(n Of CT A W N ~ ', G7 N Dc `~m ~ ~c m ~c to I ;~c stn i 0' fU _ c w I iv m ~ D- N ~ °' rn't ^ -~ O -i '-~ v im m A -• Q O CT v W ~ m ~ m ~p ~N ~,-.r- - ~ 2~7 »m ' ~ x - o Q 3~ m ~° = c; Cn = <c ° ~ T ~ Tn~ < co c coo n yo n g ~' o ~° ~o~ a O< f < ~ , • ~ ~ ~_ m c_ ~ 3 a m a~. ^' m i~ ~ ~ ~ c m ~c ~ .~ f ~~ s °- v, m v, m > O ~ m 7 ~, ~ m ~' ~ D < ~ f m < ° to ~, O m < I m ~ " n '< °.' v . 'm m ~ ~ ~ a v c m l~ ~ 5- a ~ ~ _ v ° ~ ~ k~t° c ~ ~o ~ o 0 0 m A O 3 a '* O :n n ! .. a 3 O - ~ ~ .., . ~ o a m o- ~ p m C) 'o o D ~' aa m W f m OD ~ m ~, o m ~, m ~ ~~ o a N a °-', c rn < m ~ 3 D .~ ~ m °" a o n n n m o - n ; m m `~ ° ' n ' mm m a j o ~ I'^ c m a ~ ~ w <L ~ v+~ ~ w' o o C7 ~ _~ °-om ~ ~ o i cc m~; o • 1.0 ~°N hie il!~ m ° ~ c co ~= m c pO G OZ ~ ~= ~ o o ~ °'o°'~ m vO~ 3 °- cD ~ ~w c ~ i a ~p'~~ o ~ 40 I `<~ fir: ~ c o '< a j•01. ~ ~ ~ p v ~ `T C0 m ~ 3 o v, ~ f ~ ~ v o- - c r v ~ ° ~ 3 ~ W ~ » . (~ ~ - rn n w ~ cc m y _ E m ~ °1 - < Ic m~ n O ~ C so a o co ~ a m m o U) ~n c ~ a c , ~~ ~ m o = ~ c c CCI w ~ v ~ m m m a m o ~ , O ~ ~ K o y 3 OS 7 E ~ ~ O C7 n i ~ N ~ fn ~ ~' N I ~; C y ~ ~ ~ ~ N ~ N O ( D . . ( q ~ Q O ~ ~ G) M 01 3 p N (~~ 0) ~ (L] d. ~ ~ ~ ~ C'~ ~ ~ N ~ ~ O CT ~ y ~ O I, C 7 ` ~ ~ 7 m N C2 N N fD N O n cn ~ ~ ~ O ~ I ' (~ rn ~n p j i ~ v = p y ~ ~ C~ ~ O ! O D ~ C7 ~~ N~ !n ~ O. 7 Cu` ~ D caD O ~ Z A n N N Z N N 7 K = °' ~~ o ~ D o.A m m In °-nn3 D _ ~ -I ° m s o °- ~ W m o p~ i o o a3 m m 3 ~, ° a in ~ a ado' + N -n - am cp N 3 ~ o+f II (D ~ 3 O ~f o. o ~ n C7 ~ ~ m o N v ° f ~ ~3 ~, N O N m ~ ~~ I-moo m w A ` ~ D ~°. ~ ~ ~ p c ~ c in '~ o~ ~ w~ o N ~ „O„ fD ~ ~ ~ ? ~ ~ ~ ~ 0 m ~ ~ ~ -• = m cD m ~ ~ _c D ~ p O 1 N vi Oi O A A "' - j O ' _ ~j Q m r 7 ~ ~ ~ D I d Q ~ ~ d D. ~ O Rl A d O ~ ~ ~ ~ ~ ~ o ( v~ Dw . ~Dj mV " ~ ~ ~' ~ = D p 7 Q ~ m 3 ~ =i'~ D D~ ~ ~. Q ~ ~ ~ d d D ~ C) ~ ~ ~ o ~ ~ ~ r. < ~ o o ? o ;, ~ D D ~ i:~ ~ ~ n Q m ~ y `D o ~ ~ y r G1 - N ~ ~. A ~ '9 i ~ ! ~" ~ ~ m cr 3 x ~' ~~ ~ o ~ ( ~ ~ o N `. ~ m ~ ~' ~ Q ~. ~ ' ' ~ °- c ~ -I v j c m ~ n ~ p, m ~ ~ ~° m ~ n ~ ~ ~ ~ o ~ ~ ( ~ m o y `~ ° O m `~ 'a ~ ! ~ ~ ~ v ~ j m ~ ~ m II ~ ~ u ~ + N v ! Points O O N N O ~ ~ O O ~ O O ~ O O O O O Achieved i I ~ i Community ~ N ~ ~ ~ °' iv o 1 j ~ ' I ' ~ ~°, Ener9Y ._ _ _ _ _... _. ^' .___ _..e_ ~' . _ . _.__. _ ~ .~ _____w ^'" ~_ . _ -' ~, ~ o -- _. _ _ ~' .-- _ _ _ _ _ . _. _ _. .~ i _ ------~---.. ~, iT m o IAQ/Health `'' in ~ ; y Resources j ~ Water O a m m z ~!? ~ co O TI fD C ~< (D ~ N. ~ O (D ~ ~ N ;!;. v m 0 3 ~ z z z z z z ~ ~ ~ z z z r' z z z z ~ z z z z 0 0 0 0 0 0 ~, .0 ~, 0 0 o p o 0 0 0 ~, o 0 0 0 ~ ® D ~ VI A W N I-' z A W N ! ~ . 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D + J ~ O ~ m M o ~ ~ ~• ~ ~ ~' ~ n o. ~ ~ ~ ~ S tU ~ ~~ o ~ ~ m a ~ co ~ ~ m' o o ~ I~ ~ ~v I~ D Q a ~ ~'~ 3 n~i ;~m m m ~ o s m~ Z o ? ~ w Q ~ 3 ;o c c ~ 7 O ~. 4.7 6 ia"O d in ~ - fD O ~ Q ~. ~ m ° ~ `~ ~ m ~ n n G) a ~ ~ n' n ~ ~' m °o Q N N ~ ~ o_ N fD (D (~ O N '~' O O O (D II O O N O vOi N O ~ Points 0 o z z z z z Achieved O W "' Community _ ._ w o ~D ° ' + Energy ~ A a IAQ/Health o~ o Resources ~ ~ °' Water ~ o~ D,~ G~ pi ~ ~~~ l~~~i~~ `~C~~ DATE: TO: February 14, 2012 Planning Commission SUBJECT: PUBLIC HEARING: PLPA-2011-00057 All American Label Conditional Use Permit and Site Development Review to allow a 4,456 square foot unenclosed addition, for the purposes of outdoor storage, to an existing 23,994 square foot building at 6958 Sierra Court Report prepared by Kristi Bascom, Principal Planner EXECUTIVE SUMMARY: The Applicant has requested approval of a Conditional Use Permit and Site Development Review to allow a 4,456 square foot unenclosed addition, for the purposes of outdoor storage, to an existing 23,994 square foot building at 6958 Sierra Court. RECOMMENDATION: Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the public hearing; 3) Take testimony from the Applicant and the public; 4) Close the public hearing and deliberate; and 5) Adopt a Resolution approving a Conditional Use Permit and Site Development Review to allow an unenclosed, covered outdoor storage area in the Light Industrial (M-1) Zoning District at 6958 Sierra Court. ~ Sfi ~ ~ Submitted By Re i wed By Principal Planner Plann' g Manager COPIES TO: Applicant File STAFF REPORT PLANNING COMMISSION Page 1 of 6 ITEM NO.: • G:IPA#120111PLPA-2011-00057 AA Label SDR - unenclosedlPCSR 02.14.2012.docx DESCRIPTION: Background The project site is located at the north end of Sierra Court, adjacent to the Alamo Creek trail to the west and the Park Sierra Apartments to the northeast. The subject building is currently occupied by All American Label, which is a business that specializes in the printing and distribution of labels and other packaging. The 1.37 acre project site includes a permitted 23,994 square foot industrial building that has recently been expanded with an unpermitted 4,456 square foot addition The project site is depicted in Figure 1. The project site is located in the larger Sierra Court/Trinity Court area, which is dominated by light industrial buildings occupied by a combination of manufacturing, warehousing, and other uses. Like the project site, most of the parcels in the Sierra Court/Trinity Court area have a General Plan land use designation of Business Park/Industrial, and most of the parcels in the Sierra Court/Trinity Court area are located in M-1 (Light Industrial) Zoning District. Entitlement History In 2008, Mr. Tom Vargas, Operations Manager for All American Label, filed an application with the City requesting Site Development Review (SDR) approval for the addition of a 4,456 square foot storage area on the northern portion of the site. The Business Park/Industrial General Plan land use category allows a maximum Floor Area Ratio (FAR) of 0.40, and with an enclosed addition to the building as originally proposed, the FAR would have been 0.48. Since permitting an enclosed addition would exceed the allowable FAR for the site, the application was revised and a 4,456 square foot addition was proposed as an unenclosed structure (i.e. carport), which would still maintain conformance with the General Plan. The SDR application was reviewed by the Planning Commission at a public hearing on November 12, 2008 (Attachments 1 and 2) and the Planning Commission approved Resolution 08-37 (Attachment 3), permitting the construction of the unenclosed outdoor storage area and the associated Conditions of Approval. At some point after the Planning Commission approval of the unenclosed outdoor storage area, the Applicant proceeded to construct an enclosed building addition without Building or Planning permits. This action resulted in a Building Code Enforcement case being opened. In an effort to legalize the unpermitted structure, Mr. Charles Huff (Architect), on behalf of Mr. Brad Brown (Owner), applied for Site Development Review approval for the 4,456 square foot building 2 of 6 Figure 1: Vicinit. y Map addition in May 2011. The Planning Commission denied the SDR application at their meeting on August 23, 2011 (Attachments 4 and 5) due to the General Plan inconsistency due to the fact that the building addition exceeded the allowable FAR for the Business Park/Industrial land use category (Resolution 11-24, Attachment 6). The decision was upheld by the City Council in November 2011 (Resolution 198-11, Attachment 7). Mr. Brown has subsequently filed this current SDR application to construct a 4,456 square foot unenclosed addition, for the purposes of outdoor storage. If approved, Mr. Brown will modify the existing illegal structure to be in conformance with the SDR Project Plans (Exhibit A to Attachment 8). ANALYSIS: Conditional Use Permit: Outdoor Storage Chapter 8.12 of the Zoning Ordinance (Zoning Districts and Permitted Uses of Land) indicates that an equipment and materials storage yard is permitted in the M-1 Zoning District with a Conditional Use Permit reviewed by the Planning Commission. The proposed outdoor storage area is adjacent to the building and located in the northern portion of the site. The Alamo Creek Trail is located west of the project site, and mature vegetation exists along the western property boundary that will screen the proposed outdoor storage area from individuals utilizing the trail. The Park Sierra apartment complex is located immediately north of the project site. There is an existing wall along the adjacent property located north of the project site, which will screen the outdoor storage area from residents in this apartment complex. The other surrounding properties include industrial uses. The proposed outdoor storage area will serve as an on-site location for All American Label to store inventory and supplies related to their business. The addition of a covered storage area to the site will provide protection to the inventory from the elements and also discourage vandalism. Conditional Use Permit: Parking Reduction The City of Dublin Zoning Ordinance contains off-street parking requirements by use type. Based on the existing and proposed uses at the site, the required parking is as noted in Table 1: Table 1: Parking Requirements Light Industrial Use Type (as listed in the Zoning Ordinance): Parking required per City Code General Purpose Area - 2,800 SF (1 space per 400 SF) 7 parking spaces PrintingNVarehouse - 21,194 square feet (1 space per 1,000 SF) 21 parking spaces Proposed Outdoor Storage Area - 4,456 square feet (1 space per 1,000 SF) 4 parking spaces 10% Parking Reduction -3 parking spaces Total Parking Spaces Required 29 parking spaces The project has a parking demand for 29 spaces, which includes an overall 10% reduction for the site as allowed by Section 8.76.050.D of the Zoning Ordinance. The 10% reduction accounts for the need and use of parking throughout an average day. The Applicant is able to accommodate 30 parking spaces on site in accordance with the Project Plans. A condition has 3of6 been placed on the project which requires the Applicant to re-stripe the parking area to achieve the 30 parking spaces as shown on the Project Plans (Condition No. 13, Attachment 8). The draft findings for the Conditional Use Permit can be found in the draft Resolution (Attachment 8). Site Development Review The Applicant is proposing a 4,456 square foot covered storage area. The color and materials are consistent with the existing building. The outdoor storage area will be supported by 13 steel columns, which will be painted to match the existing building. The roof of the outdoor storage area will consist of steel roof panels painted to match the existing roof. The proposed height of the roof of the storage area ranges in height from 16'4" (portion closest to the existing building) to 24'8" (portion farthest from the existing building). The covered outdoor storage area is consistent with the height of the existing building. The proposed modifications are appropriate for the site because the outdoor storage area is compatible with the existing building and the use of the site. The project site is located within the Sierra Business Park and it is surrounded by a variety of industrial uses. The site is visible from the Alamo Creek Trail; however, existing vegetation along the rear of the property will help screen the covered outdoor storage area from individuals utilizing the trail. The draft findings for the Site Development Review can be found in the draft Resolution (Attachment 8). ENVIRONMENTAL REVIEW: Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines, Staff recommends that the project be found exempt from CEQA in accordance with Section 15301 (Minor alterations to existing facilities involving little or no expansion) and 15303 (new construction or conversion of small structures). CONSISTENCY WITH THE GENERAL PLAN AND ZONING ORDINANCE: The project site has a General Plan land use designation of Business Park/Industrial, and is in the M-1 (Light Industrial) Zoning District. The proposed project, as conditioned, is consistent with the Dublin General Plan and the Zoning District in which it is located, and represents an appropriate project for the site with approval of a Conditional Use Permit and Site Development Review. REVIEW BY APPLICABLE DEPARTMENT AND AGENCIES: The Building Division, Fire Prevention Bureau, Public Works Department, Dublin Police Services, and Dublin San Ramon Services District have reviewed the project and provided Conditions of Approval where appropriate to ensure that the project is established in compliance with all local ordinances and regulations. NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with State law, a Public Notice was mailed to all property owners and occupants within 300-feet of the proposed project. The Public Notice was also published in the Valley Times and posted at several locations throughout the City. At the writing of this Staff Report, no letters have been received regarding the project. A copy of this Staff Report was provided to the Applicant. 4of6 ATTACHMENTS: 1) 2) 3) 4) 5) 6) 7) 8) November 12, 2008 Planning Commission Staff Report November 12, 2008 Planning Commission Meeting Minutes Planning Commission Resolution 08-37 August 23, 2011 Planning Commission Staff Report August 23, 2011 Planning Commission Meeting Minutes Planning Commission Resolution 11-24 City Council Resolution 198-11 Resolution approving a Conditional Use Permit and Site Development Review to allow an unenclosed, covered outdoor storage area in the Light Industrial (M-1) Zoning District at 6958 Sierra Court, with the Project Plans attached as Exhibit A. 5 of 6 GENERAL INFORMATION: APPLICANT/ OWNER: LOCATION: ASSESSORS PARCEL NUMBER: GENERAL PLAN LAND USE DESIGNATION: SPECIFIC PLAN LAND USE DESIGNATION SURROUNDING USES: Brad Brown, All American Label, 6958 Sierra Ct., Dublin, CA 94568 6958 Sierra Ct 941-2576-006 Business Park/Industrial n/a Current Use of Location Zoning General Plan Pro ert Planned Development Medium-High Density Apartment North Residential Com lex M-1 (Light Industrial) Business Indoor South Park/Industrial Recreation East M-1 (Light Industrial) Business Light Industrial Park/Industrial West M-1 (Light Industrial) Stream Corridor Alamo Creek REFERENCES: General Plan Zoning Ordinance 6of6 At;ENl7f1 STATE:VI:ENT PLAItiNIi~G C:O1~~l~~ISSIC)v NIEFTIi~I(_; D~-1TE: l~lov~mt~e~- 1?, 2~U8 SL'I3,TFCT: l?"C'~31.:LC H[:~AItI1~ti: PA U8-U2tl Ail An~crican Label C'or~ditioa~ai LSse l'errnit and 4ite De~~cir~pment Ite~'icxr to allo}~~ a Ctt~erecl C)u#dc~or Str~~•a~;e Are~~ at b'~~~3 SiE~rra Court ((~u:~si-Judicial.} I~i~~vr't ~~~•eJ?c~ret! ht' ~1-~rrrthct _-l j-a, -.~.~~r'istir~at Ptcrrln~r .1T"I'~CNI~`1E:'V'i'~: 1) Resolution .~.~prc~~it~`~ ~t {_'c~z~ciiti+,~nrt.1 I_se. Permit end Sitc C)evelt}pment Rey ie~4 to allc~~~ exterior tnc~diticatic~r~s to thy: project site. ~}hich consists of the adciiton ctf a co~~ered storage circa at :ill Atnericatl Label located at f~9~b Sierra t~`ourt. 2j I'rc7ject Plans. 3) Letter from the Applicani. ~) Steel pale color sample. S) Steel roof color sample. R1~,{~'()~11~~'IF~:''+~(llATI(~N: l } ReceiF°e Staffpresentatic~n: 2) C)pen the public hearing; ~•~ ~ 3 j "I~`ake testilnor~y from the Applicant and the public, =4) Close the ptibl~ic hearing and delit~erate; and 5j Adopt Res<~l~ctti<tn {Attachment 1) appro~~itlg a Conditional Use I'errnt and Site De~~elopment Rex-ie~~ to alloL~ exterior ~nodifcations to the project site, ~~-hich consists of the addition of a co~'ered storage arc;a at AlI American Label located at {it?~~ Sierra Court. i'Rt),IECT Cl~ESC:RIPTI()N: ~~ 7' ~. ~ ~,_;~~ C'OPIF.S T<): Applicant Property Ol~'C7LC File I'ayre f of :i c, +F~;, "-~i~ I'.t ~)k-(??i,) SCI rlmerics! L~abdl st7Tl-PC' Stat~t~et part C t l~.t~5.4~x: The project site is located at 6q~?8 Sierra Court. "I'he project site is approximately 1. acres in size. A.n existing 23.~)9~ st#uare faat l~uildin~ eurrentlt~ exists on-site. The existing; building is primarily G~~arehouse with associated of#ice spice. 'l`he existim~ builtlin~; includes 2,f1(f() square fect of ofi-ice space and 21,1 t7=1 square feet cal' tivarehause. The prc~ieci site ltas a General flan desi~J atiott of business P~trlt,-ltldt.tstrial and is zoned 14~-1 (Light Industrials}. ti~~hic-h allo~~~s uadustrial use;. The property is located at the end of Sierra Cx~uri a; indicated in the vicinity tnap tc~ the let. "I'he proposed project consists o#` a Conditional tJse Permit {CLAP} and Site Development Revie~~' (SI)R} to a#io~~~ an exterior tnodi~cation to the project site, which consists of the addition oC co~~erd outdoor Sti)rage c3rC'a. ATTACHMENT 1 BACKGROUND: All American Label has been in business for more than 10 years and they have been at their current location for the past 3 years. All American Libel is a full service label printer business. The business has expanded over the past few years and consequently All American Label has c utgrown their existing building. The proposed outdoor storage area will be used to provide additional st~~rage space for All American Label business. ANALYSIS: Conditional Use Permit Chapter 8.12 of the Zoning Ordinance (Zoning Districts and Permitted Uses of Land) indicates that an equipment and materials storage yard is permitted in the M-l Zoning >;~istrict with a Conditional Use Permit reviewed by the Planning Commission. The Applicant has requested approval of a 4,456 square foot outdoor storage area adjacent to the building in the northern portion of the site (Refer to Attachment 2). The Iron Hor:~e Trail is located west of the project site. Mature vegetation exists along the western property boundary, w1 ich will screen the proposed outdoor storage area from individuals utilizing the trail. An apartment complex is located approximately 90 feet north of the project site. There is an existing wall along the adjacent property located north of the project site, which will screen the outdoor storage area from residents in this apartment complex. The other surrounding properties include industrial uses. The Applicant is unable to add onto the existing building because the c~.urent Floor Area Ratio of the project site is the maximum as allowed by the City of Dublin's General Plan. The project site's Land Use Designation is Business Pazk/Industrial, which allows a maximum Floor Area Ratio of 0.40. The current Floor Area Ratio i-or the project site is 0.40; therefore, the proposed outdoor storage area is the only avenue available to the Applicant to create additional storage space on his propErty. The proposed outdoor storage area will serve as an on-site location f ~r All American Label to store their business's inventory. The Applicant will be storing a variety of materia s in the covered outdoor storage azea including pressure sensitive paper anti corrugated boxes. Currently, Al. American Label has their inventory stored outside and the inventory is brought inside every night. The addi~:ion of the covered storage area to the site will provide protection to the inventory from the elements and also discourage vandalism. Parkin~ysis The City of Dublin Zoning Ordinance contains off=street parking requirements by use type. A Light Industrial Use Type is required to provide 1 parking space per 400 square feet of general purpose area, plus 1 parking space per 1,000 square feet ol~wazehouse or distribution area. ~-s previously stated, the office area is 2,800 square feet and the warehouse area is 21,194 square feet. The proposed outdoor storage area is required to provide 1 parking space per 1,000 square feet. The proposed outdoor storage azea is 4,456 square feet. A total of 29 on-site parking spaces are required for this use based on the existing and proposed uses (see Table below). 2of5 Parkin Light Industrial Use Type (as listed in the Zoning Ordinance): Warehouse = 1 space per I,U00 square feet General Purpose Area = 1 space per 400 square feet Parking required per City Code General Purpose Area - 2,800 7 parking spaces Printing/Warehouse - 21,194 square feet 21 parking spaces Proposed Outdoor Storage Area - 4,456 square feet 4 parking spaces 10% Parking Reduction -3 parking spaces Total Parking Spaces Required 29 parking spaces The Applicant is able to accommodate all 29 parking spaces on site, which includes an overall 10% reduction for the site as allowed by Section 8.76.OSO.D of the Zoning Ordinance. The 10% reduction accounts for the need and use of parking throughout an average day. A condition has been placed on the project which requires the Applicant to re-stripe the parking area to achieve the 29 required parking spaces on-site (Condition No. 15, Attachment 1). The proposed equipment and materials storage yard is appropriate for the site because the proposed location of the outdoor storage area is located in the Sierra Court B~rsiness Park, which has a variety of industrial uses. The storage area is in association with an existing building and is compatible with the existing and allowed uses of the project site. The draft findings for this Conditional Use Permit request can be found on pages 2 and 3 of Attachment 1. Site Development Review The Applicant is proposing a 4,456 square foot covered storage area. The color and materials are consistent with the existing building. The outdoor storage area will be supported by I 1 steel columns, which will be painted to match the existing building (please refer to attachment 4 for color sample). The roof of the outdoor storage area will consist of steel roof panels pai:ited surf sand to match the existing roof (please refer to Attachment 5 fc-r roof color sample). The proposed height of the roof of the storage area ranges in height from 16'4" (portion closest to the existing building) to 24'8" (portion farthest from the existing building}. The covered outdoor storage area is consistent with the height of the existing building. The proposed modifications are appropriate for the site because the outdoor storage area is compatible with the existing building and the use of the site. The project site is located ~Nithin the Sierra Business Park and it is surrounded by a variety of industrial uses. The site is visible from the Alamo Creek Trail; however, existing vegetation along the rear of the property will help screen thy: covered outdoor storage area from individuals utilizing the trail. The draft findings for the Site Development Review can be found on pages 3 and 4 of Attachment 1. Public Notice In accordance with State law, a public notice regarding this hearing was mailed to all property owners and occupants within 300 feet of the proposed project. A public notice was also published in the Valley Times and posted at several locations throughout the City. To date, the City has not received comments or objections from surrounding property owners or tenants regarding the current proposal. 3 of 5 ENVIRONMENTAL REVIEW: The project has been reviewed under the California Environmental Quality Act, (CEQA}, State CEQA Guidelines and the Dublin Environmental Guidelines, and the project has been found to be Categorically Exempt from the California Environmental Quality Act (CEQA), :according to the CEQA Guidelines Section 15301 (Minor alteration of existing facilities). CONCLUSION: The proposed covered outdoor storage area at All American Label v~~ill provide the property owner with additional storage space on the property. The proposed project, as conditioned, is consistent with the Dublin General Plan and the Dublin Zoning District in which the project site is located and represents an appropriate project for the site. RECOMMENDATION: Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the public hearing; 3) Take testimony from the Applicant and the public; 4) Close the public hearing and deliberate; and 5) Adopt Resolution (Attachment 1) approving a Conditional Use Permit and Site Development Review to allow exterior modifications to the project site, which c~rasists of the addition of a covered storage area at All American Label located at 6958 Sierra Court. 4of5 GENERAL INFORMATION: APPLICANT: Tom Vargas All American Label 6958 Sierra Court Dublin, CA 94568 PROPERTY OWNER: Brad Brown All American Label 6958 Sierra Court Dublin, CA 94568 LOCATION: 6958 Sierra Court ASSESSORS PARCEL NUMBER: 941-2756-006 GENERAL PLAN DESIGNATION: Business Park/Industrial EXISTING ZONING: Light Industrial (M-1) SURROUNDING USES: LOCATION ZONING GENERAL PLAN LAND CURRENT USE OF PROPERTY USE PD (PA 97-019) Medium-High Density Residential North Residential South M-1 (Light Business Park/Industrial Industrial Industrial) West R-1 (Single- Single Family Residential Alamo Creek Trail family Residential) East M-1 (Light Retail Office Industrial Industrial Project Site M-1 (Light Business Park/Industrial Industrial Industrial) 5 of 5 developed they will receive credit for fees paid for some of e infrastructure costs which is stated in the Development Agreement. On a motion by Cm. Biddle and seconded by Cm. ing, can a vote of 5-0-0, the Planning Commission approved the follov~~ing: RESOL A RESOLUTION OF OF THE N 08-36 CANNING COMMISSION OF DUBLIN RECOMMENDING T AT THE CITY COLNCIL ADOPT AN ORDINANCE APPROV G A DEVELOPMENT AGREEMENT FOR WALLS CH (DUBLIN RANCH WEST) PA OS-051 8.2 PA 08-020 All American Label Conditional Use Permit and Site Development Review to allow a Covered Outdoor Storage Area at 6958 Sierr;~ Court (Quasi-Judicial). Martha Aja, Assistant Planner presented the project as stated ire the Staff Report. Cm. King asked if the storage area will be visible from residential areas. Ms. Aja answered no. Cm. Tomlinson noted that the Applicant is not increasing the number of employees only increasing the amount of storage on the property therefore no ~cdditional parking is required. Cm. Biddle commented that the parking is arranged along the perimeter of the site and felt if there were a parking problem they could stripe the central area. He stated that he visited the site and noted there were no cars parked in the lot at the time; most were parked on the street. Ms. Aja stated the Applicant has numerous deliveries to the area which could impede using the central area for parking. Cm. Biddle felt the storage area would create better condition;• for the Applicant as it was quite messy earlier. Ms. Aja stated there has been a lot of vandalism in the past and the Applicant is hoping this will help to alleviate that problem. Cm. Wehrenberg asked if the large storage containers will be rE~moved. Ms. Aja answered yes. Chair Schaub opened the public Bearing and hearing no comm•~nts closed the public hearing. Cm. Biddle felt that it would be important for the Applicant: to keep the area landscaped to shield the facility from the Iron Horse Trail. Cm. Tomlinson felt it was slightly unusual to allow this type of a storage facility and felt it would be important to restrict thE~ Conditional Use Permit (CU:?} to the Applicant only. r'f;annrrr,q (`;amrr,;aszort :;";~,rem5er 12, 2lNIR {~~;,liar :.f1r•x~t,n~ 139 ATTACHMENT 2 Jeri Ram, Community Development Director, answered that u Eder State law the CUP runs with the land and unless the Applicant requests a certain time period in their application the City cannot impose a time limit on thE~ CUP. Cm. Biddle asked what the process would be to increase the Floor Area Ratio (FAR) on a project like this one and if it would be advantageous to the City to increase the FAR so that the Applicant could build a storage structure as part of the buiIdir~g. Ms. Aja answered they would need a General Plan Amendment: (GPA). On a motion by Cm. Biddle and seconded by Cm. Wehrenber~;, on a vote of 5-0-0, the Planning Commission approved the folio~n~ing: RESOLUTION NO. 08 - 37 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A REQUEST FOR A CONDITIONAL UE~E PERMIT AND SITE DEVELOPMENT REVIEW PF,RMIT TO ALLOW A COVEIEZED OUTDOOR STORAGE AREA IN THE LIGHT INDUSTRIAL (M-1) ZONING DISTRICT AT 6958 SIERRA COURT (APN 941-2756-006) PA 08-020 8.3 PA 08-008 76 Gas Station Conditional Use Permit,and Site Development Review to allow modifications, including the addition ,~ a drive-through car wash, to an existing 76 Gas Station located at 7850 Ama~r Valley Blvd. (Quasi-Judicial). Martha Aja, Assistant Planner presented the pro~t as stated ire the Staff Report. Cm. Tomlinson was concerned about the va uzxung site blocking traffic through the area. Ms. Aja answered there is adequate space for er cars to pass through. i Chair Schaub asked about any setbagk~issue with the vacuuming trellis being at the property line. Ms. Aja answered there was n~ssue. Ms. Ram stated there are differe~t setback standards for commr~rcial zones. Cm. Tomlinson asked if the one treatment used in the other areas of the project would be used at the base of the pump c opy columns. Ms. Aja answered that many of the same stucco and stone details are being c ried over to the canopy columns but the stucco will be located on the bottom half, at ground vet. Cm. Tomlinson asked if the stonE• base treatment would be carried over to the two suppo is on the pump canopy. Ms. Aja answered no. 'f~~rnirrtf (crmrrrissivtt 5Yc?r°emfier 1~, 2Ut18 X:i';i=rlsr'ifee7rty~ 14~ RESOLUTION NO. 08 - 37 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A REQUEST FOR A CONDITIONAL USE PERM:IT AND SITE DEVELOPMENT REVIEW PERMIT TO ALLOW A COVERED OUTDOOR STORAGE AREA IN THE LIGHT INDUSTRIAL (M-1) ZONING DISTRICT AT 6958 SIERRA COURT (APN 941-2756-006) PA 08-020 WHEREAS, Tom Vargas, the Applicant, has requested approval of a Conditional Use Permit and Site Development Review to allow an exterior modification to the project site, which consists of the addition of a covered outdoor storage area in the Light Industrial (M-1) Zoning District at 6958 Sierra Court; and WHEREAS, the approximately 1.3 acre parcel is currently occr:pied by a 23,994 square foot industrial building; and WHEREAS, the proposal includes a 4,456 square foot covered outdoor storage area to the project site; and WHEREAS, the General Plan land use designation for the pro iect site is Business Park/Industrial and the zoning is Light Industrial; and WHEREAS, a complete application for the above noted entitlement request is available and on file in the Community Development Department; and WHEREAS, the Applicant has submitted project plans dated n;ceived October 28, 2008; and WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines and City environmental regulations require that certain projects be reviewed for environmental impact and that environmental documents be prepared; and WHEREAS, the proposed project, as conditioned, is consistent with the Dublin General Plan and the Zoning District in which it is located, and represents an appropriate project for the site; and WHEREAS, this project is categorically exempt from the environmental review requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities); and WHEREAS, a Staff Report was submitted outlining the issues surrounding the request; and WHEREAS the Planning Commission held a properly noticea public hearing on said application on November 12, 2008; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used their independent judgment to make a decision. Page 1 of 8 ATTACHMENT 3 NOW, THEREFORE, BE I'I' RESOLVED THAT the City of Dublin Planning Commission does hereby make the following findings acid determinations: Conditional Use Permit: A. The proposed use and related structures are compatible with other land uses, transportation and service facilities in the vicinity because: 1) the proposed location of the outdoor storage area is located in the Sierra Court Business Park area which has a wide variety of industrial uses; 2) Section 8.12.050 states that an Equipment and Materials Storage `lard is permitted in the M-1 (Light Industrial) Zoning District with a Conditional Use Permit; and 3) the proposed outdoor storage area is in association with an existing building and is compatible with the existing and allowed uses of the project site. B. The proposed use, as conditioned will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare and will not be injurious to property or improvements in the neighborhood because: 1) the proposed use will be adequately conditioned to ensure that the operation has no recognizable negative impacts to the existing uses in the Light Industrial Business Park; and 2) the proposed outdoor storage area will comply with all of the City of Dublin regulations. C. The proposed use, under all circumstances and conditions of this permit, will not be injurious to property or improvements in the neighborhood because: 1) the proposed outdoor storage area will be used to store inventory; and 2) the storage area will comply wifz all City of Dublin regulations. D. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use and related structures would ne-t be detrimental to the public health, safety, and welfare because: 1 }the proposed use will be operated adjacent to an existing building that is serviced by all appropriate utilities and infrastructure; 2) thc: area was designed to accommodate a variety of uses and the proposed use fits in with the intended uses of the area; and 3) the proposed storage area will not be serviced by water or sanitation. E. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed because: 1) the existing roadway network leading to the site and the availability of existing on-site parking is adequate to serve the proposed use; and 2) the covered outdoor storage area will be located in an existing Light Industrial Business Park which was designed to support a variety of uses. F. The proposed use will not he contrary to the specific intent ~:lauses, development regulations, and performance standards established for the Light Industrial (M-1) zoning district because: 1) conditions of approval have been applied to the project to ensure on-going compatibility with surrounding uses; 2) the proposed use (outdoor storage) is ~ Conditional Use in the M-1 (Light Industrial) Zoning District and is permitted when the required :.~indings as stated in Section 8.100.060 of the Dublin Zoning Ordinance can be made; 3) the proposed outdoor storage area is compatible with the existing uses found in the Sierra Court Light Industrial Business Park and therefore meets the requirements of the Dublin Ze~ning Ordinance; 4) the proposed use is consistent with the intent of the M-1 (Light Industrial) Zoning District as defined by Chapter 8.28 because the proposed outdoor storage area is small in sizes, meets the needs of the pro ~erty owner, is compatible with the Page 2 of 8 surrounding land use; and 5) a total of 29 on-site parking spaces are required for this use, which includes an overall 10% reduction for the site as allowed t~y Section 8.76.OSO.D of the Zoning Ordinance. G. The approval of this Conditional Use Permit is consistent with the Dublin General Plan because: 1) the proposed use is permitted with a Conditional Use Permit and meets the intentions of the Zoning District in which it is located; and 2) the proposed project will result in improvements to the site which will provide a service to the property owner that is consistent with the intent of the Business Pazk/Industrial General Plan Land Use designation. BE IT FURTHER RESOLVED THAT the Planning Commission does hereby make the following findings and determination: Site Development Review: A. The Project, as conditioned, is consistent with the purpose crud intent of Chapter 8.104, with the General Plan and any applicable Specific Plans and design guidelines because: 1) the proposed modification to the site is to pillow the addition of a 4,456 square foot covered outdoor storage area adjacent to an existing industrial building; 2) the outdoor storage area is compatible with the existing building and use of the site; and 3) the covered outdoor storage area will be used to store inventory. B. The Project, as conditioned, is consistent with the provisions of the Zoning Ordinance because: 1) the proposed project will comply with all City Regulations, including setback requirements and height restrictions. C. The design of the project, as conditioned, is appropriate to the City, the vicinity, surrounding properties and the lot in which the project is proposed beca~•se: 1) prior to the construction of the storage area, Building Permits will be required to ensure that the addition is constructed safely and in accordance with this approval; 2) the proposed project will comply with all City Regulations; 3) the proposed project will be compatible with similaz projects in thc; vicinity; 4) the steel posts and roof of the carport will be painted to match the existing building on si ~e; and 5) the noise generated from the construction will be minimal and will not create a nuisance. D. The subject site is physically suitable for the type and intensity of the approved development because: 1 }the subject property is zoned M-1 (Light Industrial) and the proposed project includes the addition of a 4,456 square foot covered outdoor storage area adjacent to the existing building on site that is consistent with the development regulations for the M-l Zonin; District; and 2) the proposed covered outdoor storage area will be compatible with the existing uses in the neighborhood. E. Impacts to existing slopes and topographic features are addressed because: 1) the property site is relatively flat; and 2) grading will not be required for the proposed exterior modification, which consists of the addition of a covered outdoor storage area to the site. 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 proposed outdoor storage azea will complement the existing building on site, thereby enhancing the overall site; and 2) Page 3 of 8 the colors and materials used for the covered outdoor storage area are consistent with the existing building on site. G. Landscape considerations, including the location, type, size, ~:olor, texture, and coverage of plant materials, and similar eleme~zts have been incorporated into the project to ensure visual relief, adequate screening and an attractive errvironment for the pub,'ic because: 1) the project consists of an existing light industrial property that is landscaped. H. The site has been adequately designed to ensure proper circz~lation for bicyclists, pedestrians and automobiles because: 1) no changes are being proposed to the site's circulation pattern. BE IT FURTHER RESOLVED THAT the City of Dublin Planning Commission does hereby approve PA 08-020 the All American Label Conditional Use Permit and Site Development Review Permit to operate an outdoor storage area at 6958 Sierra Court, APN 941-2756-006. The project approval shall be subject to compliance with the following Conditions of Approval for a Conditional Use Permit and Site Development Review Permit: CONDITION TEXT RESPON. WHEN SOURCE AG>E:NCY REQ'D Prior to: GEN ERAL -Site Develo went Review and Conditional Use Permit 1, Approval. This Conditional Use Permit and Site PL On-going Standard Development Review approval is for the approval of a covered outdoor storage area located at 6958 Sierra Court. This approval shall be ~~s generally depicted and indicated on the plans prepared by K&S Construction dated received October 28, 2008, on file in the Community Development Department, and as specified b the followin conditions of a royal for this ro ect. 2 Permit Expiration. Construction or use shall commence PL One year of 8.96.020.D . within one (1) yeaz of Permit approval or the Permit shall approval lapse and become null and void. Commencement of date construction or use means the actual construction or use pursuant to the Permit approval or, demonstrating substantial progress towazd commencing such construction or use. If there is a dispute as to whether the Permit has expired, the City may hold a noticed public hearing to determine the matter. Such a determination may be processed concurrently with revocation proceedings in appropriate circumstances. If a Permit expires, a new application must be made and processed accordin to the re uirements of this Ordinance. rage 4 or 8 CONDITIONS OF APPROVAL: CONDITION TEXT RESPON. WHEN SOURCE AGIF:NCY REQ'D Prior to• 3, Time Extension. The original approving decision-maker PL One yeaz of 8.96.020.E may, upon the Applicant's written request for an approval extension of approval prior to expiration, and upon the date determination that any Conditions of Approval remain adequate to assure that applicable findings of approval will continue to be met, grant a time extension of a royal fora riod not to exceed six 6 months. 4. Permit Validity. This Conditional Use Permit and Site PL On-going 8.96.020.F Development Review approval shall be valid for the remaining life of the approved structure so long as the operators of the subject property comply with the ro'ect's conditions of a royal. 5, Revocation of permit. The Site Development Review PL On-going 8.96.020.I and Conditional Use Permit approval shall be revocable for cause in accordance with Section 8.96.020.I of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this rmit shall be subject to citation. 6, Clean-up. The Applicant/Developer shall be responsible PL On-going Standard for clean-up and disposal of project related trash to maintain a safe, clean and litter-free site. '7_ Modifications. Modifications or changes to this Site PL On-going 8.104.100 Development Review approval may be considered by the Community Development Director if the modifications or changes proposed comply with Section 8.104.100 of the Zonin Ordinance. g, Controlling Activities. The Applicant/Developer shall PL On-going Standard control all activities on the project site so as not to create a nuisance to the existing or surrounding businesses and residences. 9. Accessory/Temporary Structures. The use of any PL On-going 8.108.020 accessory or temporary structures, such as storage sheds or trailer/ container units used fir storage or for any other purposes, shall be subject to review and approval by the Communi Develo ment Director. 10. Fees. Applicant/Developer shall pay all applicable fees in Vari~~us Issuance of Standard effect at the time of building permit issuance, including, building but not limited to, Planning fees, Building fees, TVTC permit fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees, City of Dublin Fire Services fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; or any other fee that ma be ado led and a licable. 11. Requirements and Standard Conditions. The Vari~~us Issuance of Standard Applicant/Developer shall comply with applicable Dublin building Fire, Dublin Public Works Department, Dublin Building permit 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 buildin ermits or the installation of an im rovements Page 5 of 8 CONDITION TEXT RESPON. WHEN SOURCE AGF;NCY REQ'D Prior to• 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. Building Codes and Ordinances. All project B Through Building construction shall conform to all building codes and completion ordinances in effect at the time of buildin ermit. 13. Fire Codes and Ordinances. All project construction F On-going Fire shall conform to all fire codes and ordinances in effect at the time of building permits. Site and Building plans shall be provided for review and approval by the Fire De artment. PROJECT SPECIFIC -SITE DEVELOPMENT REVIEW 14 Covered Storage Area. The covered outdoor storage PL Final Planning . area shall consist of a 4,456 square foot steel carport inspection structure. The steel column poles shall be painted tan to match the existing building. T1ie roof shall consist of galvalume steel painted surf sand to match the roof color of the existin buildin . 15 Parking Lot. The pazking area shall be re-striped to PL/PW Final Planning/Public . achieve a total of 29 pazkuig spaces. The parking inspection Works dimensions shall meet the dimensional requirements specified in Chapter 8.76 of the Dublin Zoning Ordinance. 16. Landscaping. Any landscaping disturbed or damaged PL Final Planning during construction shall be replaced in kind, to the inspection satisfaction of the Director of Communi Develo ment. 17 Construction Fencing. The use of any temporary PW, PO, Installation Public Works/ . construction fencing shall be subject to the review and F, B Police/Fire/ approval of the Public Works Duector, Dublin Police Building Services, the Dublin Fire Marshall, and the Building Official. BUILDING DIVISION lg, Building Codes and Ordinances. All project B Through Building construction shall conform to all building codes and completion ordinances in effect at the time of building permit. 19. Building Permits. To apply foi building permits, B Issuance of Building Applicant/Developer shall submit eight (8) sets of building construction plans to the Building Division for plan permits 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 rmits. 20_ Construction Drawings. Construction plans shall be B Issuance of Building fully dimensioned (including building elevations) building accuratel drawn de ictin all existin and ro osed rmits Page 6 of 8 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: conditions on site), and prepazed 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 lan and details shall be consistent with each other. 21 Addressing. Address will be required on all doors B Prior to Building . leading to the exterior of the building. Addresses shall be issuance of illuminated and be illuminated and be able to be seen building from the street, 5 inches in hei ht minimum. rmits 22 Engineer Observation. The Engineer of record shall be B Prior to Building . retained to provide observ<<tion services for all frame components of the lateral and vertical design of the inspection building, including nailing, holddowns, straps, shear, roof diaphragm and structural frame of building. A written report shall be submitted to the City Inspector prior to schedulin the final frame ins ection. 23 Temporary Fencing. Temporry Construction fencing B Through Building , shall be Installed along penmeter of all work under completion 24 construction. Green Building Guidelines. To the extent practical, the B Through Building , Applicant shall incorporate Green Building Measures. Completion Green Building plan shall be submitted to the Building Official for review. 25 Electronic File. The Applicant/Developer shall submit all B Prior to Building . building drawings and specifications for this project in an Final 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 as an "As Built" electronic file and submitted prior to the issuance of the final occu anc . FIR E PREVENTION DIVISION 26 Building and Fire Codes. The project shall comply with F Through Fire . the applicable Building and Fire Codes. Site and Building Completion plans shall be provided for review and approval by the Fire De artment. 27 Project Access. Access for this project must comply with F Prior to Fire . Section 503 of the 200'7 California Fire Code. issuance of Building Permit DU BLIN POLICE SERVICES 28, Non Residential Security Requirements. The Applicant PO On-going Police shall comply with all applicable City of Dublin Non Residential Securi Ordinance R uirements. 29, Graffiti. The Developer and/or Property Owner shall keep PO On-going Police the site clear of graffiti vandalism on a regular and continuous basis at all times. Graffiti resistance materials and foliage should be used. PUB LIC WORKS DEPARTMENT 30 Accessible Parking. The Applicant shall provide at least Prior to Public Works . one disabled accessible stall that is wide enough to Final accommodate a "Van Accessible" stall and the avement Page 7 of ti CONDITION TEXT RESI'ON. AGENCY WHEN REQ'D Prior to• SOURCE slopes do not exceed 2% in any direction. All required disabled stalls shall meet the current Title 24/ADA 31 standards. Handrails. The Applicant shall provide a handrail along PW Prior to Public Works . the existing path of travel from the accessible parking Final s ace to the rim entrance of the buildin . 32 Storm Drain Filter. The Applic:mt shall install a "Triton" PW Prior to Public Works , Storm drain filter in the catch basin. Final PASSED, APPROVED AND ADOPTED this 12`~ day of November :'008. AYES: Schaub, Tomlinson, Wehrenberg, Biddle, King NOES: ABSENT: ABSTAIN: Planning Commission Chairperson ATTE T: C p -,~. Planning anager G: lPA#1200$lPA OS-020 All Americal Label SDRIReso/urion.doc Page 8 of 8 G~~.l OF DU~~ti 19' ~- -~ `82 ~~~~~ ~LIFOR~~ DATE: TO: August 23, 2011 Planning Commission SUBJECT: PUBLIC HEARING: PLPA-2011-00020, All American Label Site Development Review fora 4,456 square foot addition to an existing 23,994 square foot building at 6958 Sierra Court Report prepared by Kristi Bascom, Principal Planner EXECUTIVE SUMMARY: The Applicant has requested approval of a Site Development Review permit fora 4,456 square foot addition to an existing 23,994 square foot building at 6958 Sierra Court. Staff has determined that the proposal is inconsistent with the General Plan in that the addition will cause the building to exceed the maximum floor area ratio (FAR) established by the General Plan Business Park/Industrial land use category. RECOMMENDATION: Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the public hearing; 3) Take testimony from the Applicant and the public; 4) Close the public hearing and deliberate; and 5) Adopt a Resolution denying Site Development Review fora 4,456 square foot addition to an existing 23,994 square foot building at 6958 Sierra Court. Submitted By Principal Planner Reviewe y Planning Manager COPIES TO: Applicant File ITEM NO.: • Page 1 of 7 G:IPA#120111PLPA-2011-00020 A!! American Label SDRIPC 08.23.20011PCSR 08.23.2011.docx ATTACHMENT 4 STAFF REPORT PLANNING COMMISSION DESCRIPTION: Background The project site is located at the north end of Sierra Court, adjacent to the Alamo Creek trail to the west and the Park Sierra Apartments to the northeast. The subject building is currently occupied by All American Label, which is a business that specializes in the printing and distribution of labels and other packaging. The 1.37 acre project site includes a permitted 23,994 square foot industrial building that has recently been expanded with an unpermitted 4,456 square foot addition Figure 7: Vicinity Map The project site is located in the larger Sierra CourtlTrinity Court area, which is dominated by light industrial buildings occupied by a combination of manufacturing, warehousing, and other uses. Like the project site, most of the parcels in the Sierra Court/Trinity Court area have a General Plan land use designation of Business Parkllndustrial, as shown in Figure 2. Located in the Primary Planning Area, the Business Park/Industrial land use designation description in Chapter 1 of the General Plan is as follows: "Business Park/industrial (FAR: .30 to .40; employee density: 360-490 square feet per employee). Uses are non-retail businesses (research, limited manufacturing and distribution activities, and administrative offices) that do not involve heavy trucking or generate nuisances due to emissions, noise, or open uses. Residential uses are not permitted. Maximum attainable ratios of floor area to site area (FAR) are controlled by parking and landscaping requirements and typically result in .35 to .40 FAR's. Examples: Clark Avenue, Siena Court." . The project site is depicted in Figure 1. Figure 2: General Plan Map The proposed site is located in the M-1 (Light Industrial) Zoning District. Most of the parcels in the Sierra Court/Trinity Court area are located in M-1 (Light Industrial} and PD (Planned Development), zoning districts, as shown in Figure 3. The M-1 (Light Industrial) Zoning District allows for a variety of warehousing, manufacturing, and distribution uses and is compatible with the Business Park/Industrial General Plan land use designation. The Sierra Court/Trinity Court area is also home to a number of Indoor Recreational Uses that have been permitted through either a Conditional Use Permit or a Minor Use Permit. Entitlement History The Applicant, Mr. Tom Vargas, Operations Manager for All American Label, filed an application with the City in 2008 requesting Site Development Review (SDR) approval for the addition of a 4,456 square foot storage area on the northern portion of the site. After the application was submitted, Staff sent the Applicant an "incompleteness letter" dated August 11, 2008, noting that Staff had determined that the City is unable to approve the proposed project due to an inconsistency with the General Plan. The letter stated: `The current Floor Area Ratio for the site is 0.40, which is the maximum as allowed by the City of Dublin's General Plan. Consequently, due to the size of the lot and fhe size of the existing building, no additional floor area is permitted on the projecf site; therefore, we are not able to approve the proposed storage building. The Floor Area Ratio with the proposed shed would be .48." The full letter is included as Attachment 1 to this Staff Report. After receiving the letter, the Applicant amended the SDR application to request the approval of a Conditional Use Permit and Site Development Review to allow the construction of a 4,456 square foot unenclosed outdoor storage area (i.e. carport), since an enclosed structure would not be permitted due to FAR restrictions. The amended SDR application was reviewed by the Planning Commission at a public hearing on November 12, 2008 and the Planning Commission approved Resolution 08-37, permitting the construction of the unenclosed outdoor storage area and the associated Conditions of Approval. The Staff Report and Resolution are included as Attachments 2 and 3 to this Staff Report. At some point after the Planning Commission approval- of the unenclosed outdoor storage area, the Applicant proceeded to construct an enclosed building addition without Building or Planning permits. This action resulted in a Building Code Enforcement case being opened. On February 14, 2011, counsel for the City filed a civil complaint seeking injunctive relief against the Applicant. The complaint sought a Court order for the removal, or alteration, of the building addition which was constructed in violation of the Municipal Code. On May 24, 2011, the Court 3 of 7 Figure 3: Zoning Map granted the City's preliminary injunction prohibiting the Applicant's use of the building addition until the issue can be resolved at trial. The parties are awaiting a further court order setting a trial date on the City's request for a permanent injunction and permanent resolution of the issue. In an effort to legalize the unpermitted structure, Mr. Charles Huff (Architect), on behalf of Mr. Brad Brown (Owner), has applied for Site Development Review approval for the 4,456 square foot building addition. Staff continues to assert that the addition cannot be approved due to the General Plan inconsistency, and has therefore prepared a recommendation for denial for the Planning Commission's consideration (Attachment 4). ANALYSIS: General Plan Conformance The subject property has a Business Park/Industrial General Plan land use designation. The Business Park/Industrial General Plan land use designation has a maximum allowable floor to area ratio (FAR) of 0.40 (City of Dublin General Plan Section 1.8.1.). The SDR application indicates that the property is 1.37 acres (59,677 square feet), and that the existing building (without the proposed addition) is 23,994 square feet. The existing building (without the proposed addition) is already at the maximum allowable FAR, as shown in the table below: S uare Foota a FAR Existin Buildin 23,944 .40 With Pro osed Addition 28,450 .48 With the proposed building addition, the FAR would be above the maximum permitted by the General Plan. The Project Site Plan is included as Exhibit A to Attachment 4. The Applicant disagrees with Staffs interpretation of the maximum permissible FAR described in the General Plan. In a letter to the City dated June 8, 2011, the Applicant's attorney asserts that the reference to a .40 FAR is intended to be descriptive, and not a mandatory maximum FAR (See Attachment 5). He cites the text in the Business Park/Industrial land use description that reads "maximum attainable ratios of floor area fo site area (FAR) are controlled by parking and landscaping requirements and typically result in .35 to .40 FAR's." However, the City's long-standing interpretation of the permissible minimum and maximum FARs in each district rely on the FAR range noted in the heading of each land use classification, as described below. Dublin's first General Plan was adopted in February 1985. In 1992, the City Council approved several technical revisions to the General Plan to ensure conformance of the document with current Government Code provisions for General Plans. Government Code section 65302(a) requires land use elements to include standards of population density and building intensity for the various general plan districts. According to the General Plan Guidelines prepared by the state Office of Planning and Research (OPR), court decisions hold that an adequate general plan must contain quantified standards of building intensity for each general plan land use designation (Guidelines p. 50, Attachment 6). The Guidelines further describe a "standard" as a rule or measure that must be complied with (Guidelines p. 16, Attachment 7). Among other things, the revisions included updating text to reflect statutory requirements, such as adding intensity standards (floor area ratio and employee density) for each commercial land use category. The City Council Agenda Statement, dated September 14, 1992, details .the changes. Attachment 1 to that Agenda Statement illustrates, in underline and strikethrough text, the exact revisions made. Page 1-6 of Attachment 1 of the September 14, 1992 City Council Agenda 4of7 Statement illustrates that each land use category was revised to include information about the allowable FAR range as well as the employee density range. The Business Park/Industrial land use category (outlined by a red box) was amended to include an allowable FAR range of .30 to .40, and an allowable employee density range of 360 to 490 square feet per employee. The September 14, 1992 Agenda Statement (with the relevant pages of the original Attachment 1) is included as Attachment 8 to this Staff Report. The description of the Business ParWlndustrial land use category further notes that "maximum attainable ratios of floor area to site area (FAR) are controlled by parking and landscaping requirements and typically result in .35 to .40 FAR's." This text existed in the General Plan land use category description prior to the 1992 amendment but could be interpreted as descriptive rather than mandatory. The stricter FAR minimum and maximum range was added to the General Plan land use descriptions to clearly establish the required mandatory standards of permissible density for the Business Park/Industrial land use category. By retaining the descriptive language, the general plan clarifies that projects are not guaranteed the maximum permissible amount of development under the density range; the actual project density may come in lower. This FAR range has been in the General Plan since the City Council amended the General Plan in 1992 (Resolution 115-92). .Since the amendments to the General Plan were approved in 1992, the City has interpreted the FAR range as the minimum and maximum permitted FAR for any given property. Both the August 11, 2008 letter to the Applicant and the, previous Planning Commission Staff Report, dated November 12, 2008 (Attachments 1 and 2), are consistent with the historical interpretation of the FAR range being the minimum and maximum allowable for any given site. These two documents, previously provided to the Applicant in 2008, explain that the maximum FAR for the site is .40 in accordance with the Business Park/Industriat land use designation. Required Findings In accordance with Chapter 8.104 (Site Development Review) of the Zoning Ordinance, several findings must be made in order to approve a Site Development Review application. Section 8.104.090 (Required Findings) states that "All of the following findings shall be made in order to approve a Site Development Review and shall be supported by substantial evidence in the public record." The first of those findings is 8.104.090A, which requires that "the proposal is consistent with the purposes of this Chapter, with the General Plan and with any applicable Specific Plans and design guidelines." Staff cannot recommend to the Planning Commission that this finding be made, and therefore has prepared a denial resolution for the Planning Commission's consideration. However, if the Planning Commission determines that finding 8.104.090A can be made for this project, then the Planning Commission should provide Staff with the basis of the finding and Staff will continue processing the All American Label Site Development Review application. Under this scenario, the proposed project would be thoroughly reviewed and analyzed by Staff. The project would then be brought forward to the Planning Commission at a future hearing for full consideration. ENVIRONMENTAL REVIEW: Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines, Staff recommends that the Planning Commission find the denial of this Project to be found Statutorily Exempt from CEQA review. CEQA Guidelines Section 15270 states that projects which are 5 of 7 denied are not subject to the provisions of CEQA, and therefore environments! review is not required. CONSISTENCY WITH THE GENERAL PLAN AND ZONING ORDINANCE: As noted in the previous section, Staff finds that the proposed project is not consistent with the General Plan. Staff has not completed a full analysis of the project's consistency with the Zoning Ordinance. REVIEW BY APPLICABLE DEPARTMENT AND AGENCIES: The SDR application has not yet been fully reviewed by all City departments and outside agencies. A preliminary review by the Fire Department has shown tha# the project, as proposed, does not meet fire access requirements. NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with State law, a Public Notice was mailed to all property owners and occupants within 300-feet of the proposed project. The Public Notice was also published in the Valley Times and posted at several locations throughout the City. At the writing of this Staff Report, no letters have been received regarding the project. A copy of this Staff Report was provided to the Applicant. ATTACHMENTS: 1) All American Label incompleteness letter, dated August 11, 2008 2) Planning Commission Staff Report, dated November 12, 2008 3) Planning Commission Resolution 08-37 4) Resolution denying Site Development Review fora 4,456 square foot addition to an existing 23,994 square foot building at 6958 Sierra Court, with the Project Site Plan attached as Exhibit A. 5) Letter to City from Peter MacDonald, dated June 8, 2011 6) General Plan Guidelines (page 50) 7) General Plan Guidelines {page 16) 8) City Council September 14, 1992 Agenda Statement (with excerpts from the original Attachment 1 } INCORPORATION BY REFERENCE: The above attachments and all resolutions referenced in this staff report are incorporated herein by reference. 6 of 7 GENERAL INFORMATION: APPLICANT/: PROPERTY OWNER: LOCATION: ASSESSORS PARCEL NUMBER: GENERAL PLAN LAND USE DESIGNATION: SPECIFIC PLAN LAND USE DESIGNATION: SURROUNDING USES: Charles Huff, Architect, 4446 Railroad Ave., Pleasanton, CA 94566 Brad Brown, All American Label, 6958 Sierra Ct., Dublin, CA 94568 6958 Sierra Ct 941-2576-006 Business Park/Industrial n/a Location Zoning General Plan Current Use of Pro ert North Planned Development Medium-High Density Apartment Residential Com lex South M-1 (Light Industrial) Business Indoor Park/Industrial Recreational East M-1 (Light Industrial) Business Light Industrial Park/Industrial West M-1 (Light Industrial) Stream Corridor Alamo Creek REFERENCES: General Ptan Zoning Ordinance 7of7 8.2 PLPA-2011-00020, All American Label Site Development Review fora 4,456 square foot addition to an existing 23,994 square foot building at 6958 Sierra Court Jeff Baker, Planning Manager, presented the project as outlined in the Staff Report. Vice Chair Wehrenberg asked what the storage area is being used for and if there is any risk that may require it to be reviewed by the Fire Department. Mr. Baker replied that he feels the Applicant may be better suited to address that question. He stated that Court Order currently states that the storage area is not to be used while litigation is ongoing. Cm. O'Keefe asked if there are any sites in the Industrial (M-1) zoning area that currently exceed the Floor Area Ratio (FAR). Mr. Baker replied yes, stating that many of the buildings on Sierra Court were built before the City was incorporated or before the 1992 General Plan Amendment which established the minimum and maximum FAR. He stated that there are potentially buildings that exceed the maximum 40% FAR and they are considered Legal, Non-Conforming. Cm. O'Keefe asked what the current day, negative impacts would be of existing buildings exceeding the 40% FAR. Mr. Baker replied that those buildings would allow for greater density and intensity of use than what is envisioned by the Community. Chair Brown opened the public hearing. Guy Houston, representing Alt American Label, spoke in favor of the Applicant. He stated that the issue regarding Emergency Vehicle Access (EVA) has been addressed and a plan for access has been submitted. He further stated that the Applicant considers this issue closed. Mr. Houston stated that the Applicant's request is not in violation of the General Plan. He stated that the 1985 General Plan did not mandate a 40% FAR and was descriptive but not mandatory in nature. He further stated that the General Plan policy in 1992 remained unchanged, stating that, "the changes do not affect the policy direction of the Plan and remains as in 1985." Mr. Houston stated that the intent of the City Council in 1992 was clear and no changes in the descriptive nature were made, therefore the 40% FAR is not mandatory. Mr. Houston stated there are currently 17 buildings on Sierra Court that exceed the 40% FAR. He stated that Legal, Non-Conforming use affects a building's use, property values, saleability, and financing capabilities. The Commission had no questions. Brad Brown, Applicant, stated that the storage space would be used solely for storage and would not be used to store machinery of any kind. He stated that the only way to increase his business and continue as a viable manufacturer is to have the extra storage space, exceeding n'G~nttinr~ ('c~rnmu.rtun ,~udusY 23, 2(1.11 ~~fLCItY:%i1CL'L t77R 1 12 ATTACHMENT 5 the current FAR. He stated that he wishes to keep his business located in Dublin and will do what he needs to work successfully with Staff. Vice Chair Wehrenberg asked Mr. Brown if he was the original applicant for the unenclosed storage area SDR/CUP in 2008. Mr. Brown replied yes. Vice Chair Wehrenberg asked why the storage area was not built as approved by the Planning Commission in November, 2008. Mr. Brown replied that it was a bad decision to move forward with an enclosed storage area. He stated that his business cannot survive without the current storage area and additional FAR. Jeff Main, owner of 6955 Sierra Court, spoke in support of the Applicant. Mr. Main stated that his building exceeds the FAR because it was established 31 years ago and he could not be successful without the extra space. He stated that All American Label provides business and money for the City and as long as the storage area is built correctly and safely, it should be able to remain as-is. The Commission had no questions. Steve Popelar, Dublin resident and owner of 6700 Siena Lane, spoke in favor of the Applicant. Mr. Popelar stated that All American Label is vital for the success of his own company, Label Concepts. He stated that without All American Label, businesses will suffer and the effect on other Dublin businesses is something the Commission should consider. The Commission had no questions. Chair Brown closed the public hearing. Cm. O'Keefe asked how many times the issue of exceeding FAR has come before the Planning Commission. Vice Chair Wehrenberg stated that the Commission has seen the issue in the past but it usually addresses housing developments, such as a resident wanting to add a canopy or shade structure. Mr. Baker stated that it is not unheard of for someone to want to expand their building but find that they cannot exceed the FAR; however it is not typically in a situation such as All American Label's. Chair Brown opened the public hearing. Mr. Houston agreed that it is unlikely for someone to build something and then come back for approval; however, in East Dublin the FAR requirement was changed to 50% which caused the lower FAR, such as in Industrial (M-1) zoning districts, to be inadequate. Chair Brown closed the public hearing. CYlvnninq ['omrrusiu,t ~ugus# 23, 2QTT 4~~gulrir saiEr#irry 113 Cm. O'Keefe stated that he understand the spirit of the original General Plan and agrees that there has to be regulation far FAR; however, manufacturing is very different today than it was in 1985 and 1992, and there are existing buildings exceeding the 40% FAR. He stated that the Applicant is not proposing to be the largest exceeder of FAR and the storage area they have built wilt allow them to be more competitive in their industry. Mr. Baker clarified that the question before the Commission is do they find the project to be consistent with the General Pian, do they agree that the General Plan has a maximum FAR and does the project exceed the standard that is in the General Plan. Cm. O'Keefe s#ated that the General Plan is descriptive in stating that the 40% FAR is not mandatory, therefore he finds that the Commission could find the project to be consistent with the General Plan. Vice Chair Wehrenberg asked if a decision in the pending lawsuit would overrule any determination made by the Commission. She asked why there is a difference in FAR between East and West Dublin. Ms. Faubion stated that the pending lawsuit is based on the Code Enforcement issue which is separate from the General Plan conformance determination being considered by the Commission. Mr. Baker clarified that that the maximum FAR for Industrial zoning districts in East Dublin is 35%. He further clarified that although the Applicant has submitted plans regarding the Emergency Vehicle Access, they have yet to be reviewed and approved by Staff. Cm. Bhuthimethee stated that she is in support of many businesses on Sierra Court and appreciates the comments regarding the FAR. She stated that the City has a General Plan that creates general regulations for a reason. She further stated that if those plans and regulations are not followed, bad consequences can arise. Cm. Bhuthimethee agreed with Staff s recommendations. Chair Brown stated that existing businesses are very valuable and the City encourages them to grow; however, they are still required to adhere to the law which, in this case, states that the maximum FAR is 40%. He stated that he agrees that the maximum FAR of 40% may not be high enough; however, that can be considered for amendment at another time. Ms. Faubion clarified the language of mandatory versus descriptive, stating that the General Plan statute does require that there be standards of building intensity and the General Plan was required to have those standards in 1992 with language that is similar to the language that exists today. She stated that to prevent concerns regarding the General Plan, the Commission would want to recognize that building intensity is a mandatory element and it is present in the General Plan. Cm. O'Keefe stated that regardless, buildings exceeding 40% FAR still exist. Cm. Bhuthimethee replied that those buildings were grandfathered in because they were established before the 40% maximum FAR was implemented. n7lanning (°omrnissi~tt ~7ugust 23, 2011 ~z~rcf~tr -ffeetinq 114 Vice Chair Wehrenberg agreed with Cm. Bhuthimethee stating that unless those businesses exceeding 40% FAR come to the City needing a revision to their area, then the current maximum would be considered when reviewing the project. Mr. Baker clarified that the City does currently require a General Plan Amendment for any business that wants to exceed the 40% FAR. Vice Chair Wehrenberg agreed with Cm. Bhuthimethee in regards to the General Plan being put into place for a reason. She believes the General Plan is sufficient in its description and clarified that there is a process in place to amend the FAR if needed. On a motion by Cm. Bhuthimethee and seconded by Vice Chair Wehrenberg, on a vote of 3-1-1, with Cm. Schaub being absent, the Planning Commission adopted: RESOLUTION NO. 11- 24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN DENYING SITE DEVELOPMENT REVIEW FORA 4,456 SQUARE FOOT ADDITION TO AN EXISTING 23,994 SQUARE FOOT BUILDfNG AT 6958 SIERRA COURT PLPA 2011-00020 (APN 941-2576-006) Mr. Baker reminded the Applicant that there is y~'ten-day appeal period. NEW OR UNFINISHED BUSINESS - Mr. Baker advised the Commission t t a new Assistant Planner, Seth Adams, was hired and will start on Monday, August 29, 201 Mr. Baker confirmed with the mmission that there are currently no agenda items for the September 13, 2011 meetin so the next Planning Commission meeting is scheduled for September 27, 2011. OTHER BUSINESS - NO E 10.1 Brief INFORM TION ONLY reports from the Planning Commission and/or Staff, including Co mittee Reports and Reports by the Planning Commission related to meetings att nded at City Expense (AB 1234). ~i'Crtnning ('ommi,~.7o~~ ~3u~ust Z3, 2fl11 ~eflutar ~4feefin~ 11$ RESOLUTION NO. 11- 24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN DENYING SITE DEVELOPMENT REVIEW FORA 4,456 SQUARE FOOT ADDITION TO AN EXISTING 23,994 SQUARE FOOT BUILDING AT 6958 SIERRA COURT PLPA 2011-00020 (APN 941-2576-006) WHEREAS, the Applicant, Charles Huff (Architect), on behalf of Mr. Brad Brown (Owner), has requested approval of a Site Development. Review permit to allow a 4,456 square foot addition to an existing 23,994 square foot building at 6958 Sierra Court; and WHEREAS, the Applicant has submitted project plans .for the requested entitlement prepared by Charles Huff, AIA received by the Planning Division on May 4, 2011, attached as Exhibit A and incorporated herein by reference; and WHEREAS, the project site has a General Plan land use designation of Business Park/Industrial, which has an allowable Floor Area Ratio (FAR) range of .30 to .40; and WHEREAS, the FAR for the proposed project (existing building plus proposed addition) is .48; and WHEREAS, the California Environmental Quality Act (CEQA), together with State guidelines and City environmental regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, pursuant to the CEQA, Staff has recommended that the denial of this Project be found Statutorily Exempt pursuant to Section 15270 of the CEQA Guidelines which states that Projects which are denied are not subject to the provisions of CEQA; and WHEREAS, a Staff Report was submitted to the Planning Commission on August 23, 2011 recommending denial of said application, which staff report is incorporated herein by reference; and WHEREAS, the Planning Commission did hold a public hearing on said application; 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 finding and determination regarding the proposed Site Development Review: Attachment 6 A. The proposed Site Development Review is no 8.104, Site Development Review, of the Zoni with any applicable Specific Plans and desig (FAR) for the existing building is .40, which Business Park/Industrial land use designation addition, the FAR for the project site would be standards of the General Plan. f consistent with the purposes of Chapter ng Ordinance, with the General Plan and n guidelines because the floor area ratio is the maximum allowable FAR for the With the proposed 4,456 square .foot .48, which is inconsistent with the density BE IT FURTHER RESOLVED that the Planning Commission does hereby deny said application, Site Development Review for All American Label, to construct a 4,456 square foot addition to an existing 23,994 square foot building at 6958 Sierra Court as generally depicted in the Project Plans prepared by Charles Huff, AIA, received by the Planning Division on May 4, 2011, labeled Exhibit A to this Resolution, and on file with the Community Development Department. PASSED AND APPROVED this 23~d day of August 2011 by the following vote: AYES: Brown, Wehrenberg, Bhuthimethee NOES: O'Keefe ABSENT: Schaub ABSTAIN Planning Commissio Chair ATTEST: ~.--... C ' ~~ ~~ Planning anager G:1PA#120111PLPA-2011-00020 All American Labe! SDRIPC 08.23.20011PC Denial Reso.docx 2 RESOLUTION NO. 198-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *********** AFFIRMING THE PLANNING COMMISSION'S ADOPTION OF RESOLUTION 11-24 DENYING A SITE DEVELOPMENT REVIEW PERMIT FORA 4,456 SQUARE FOOT ADDITION TO AN EXISTING 23,994 SQUARE FOOT BUILDING AT 6958 SIERRA COURT AND AFFIRMING THE PLANNING COMMISSION'S FINDINGS PLPA 2011-00020 (APN 941-2576-006) WHEREAS, the Applicant, Charles Huff (Architect), on behalf of Mr. Brad Brown (Owner), has requested approval of a Site Development Review permit to allow a 4,456 square foot addition to an existing 23,994 square foot building at 6958 Sierra Court; and WHEREAS,' the Applicant has submitted project plans for the requested entitlement prepared by Charles Huff, AIA received by the Planning Division on May 4, 2011, attached as Exhibit A and incorporated herein by reference; and WHEREAS, the project site has a General Plan land use designation of Business Park/Industrial, which has an allowable Floor Area Ratio (FAR) range of .30 to .40; and WHEREAS, the FAR for the proposed project (existing building plus proposed addition) is .48; and WHEREAS, the California Environmental Quality Act (CEQA), together with State guidelines and City environmental regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, pursuant to the CEQA, Staff has recommended that the denial of this Project be found Statutorily Exempt pursuant to Section 15270 of the CEQA Guidelines which states that Projects which are denied are not subject to the provisions of CEQA; and WHEREAS, a Staff Report was submitted to the Planning Commission on August 23, 2011 recommending denial of said application, which staff report is incorporated herein by reference; and WHEREAS, the Planning Commission did hold a public hearing on said application; 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 hereinabove set forth and used its independent judgment to evaluate the project; and WHEREAS, on August 23, 2011, the Planning Commission did adopt Resolution 11-24 denying a Site Development Review Permit fora 4,456 square foot addition to an existing 23,994 square foot building at 6958 Sierra Court, which resolution is incorporated herein by reference; and Page 1 of 2 ATTACHMENT 7 WHEREAS, a Letter of Appeal (dated September 1, 2011) was submitted within the 10- day appeal period; and WHEREAS, a Staff Report was submitted to the City of Dublin City Council recommending either to affirm Planning Commission Resolution 11-24 denying a Site Development Review Permit fora 4,456 square foot addition to an existing 23,994 square foot building at 6958 Sierra Court, or to direct the City Attorney to prepare findings. for the City Council to reverse the Planning Commission's action. The Staff Report detailed the basis for the Planning Commission denial and is incorporated herein by reference; and WHEREAS, the City Council held a public hearing on said appeal on October 4, 2011, and November 1, 2011; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project. NOW, THEREFORE, BE IT RESOLVED that the City of Dublin City Council does hereby find that the denial of this Project is Statutorily Exempt from the California Environmental Quality Act pursuant to Section 15270 of the CEQA Guidelines, which states that Projects which are denied are not subject to the provisions of CEQA. BE IT FURTHER RESOLVED that the City of Dublin City Council does hereby verify that the appeal of the Planning Commission's denial complied with the provisions of Chapter 8.136, Appeals, of the zoning ordinance. BE IT FURTHER RESOLVED that the City of Dublin City Council does hereby deny the appeal and affirm Planning Commission Resolution 11-24 denying a Site Development Review Permit fora 4,456 square foot addition to an existing 23,994 square foot building at 6958 Sierra Court and affirming the Findings set forth in the Planning Commission Resolution. PASSED, APPROVED AND ADOPTED this 15h day of November 2011 by the following vote: AYES: Councilmembers Biddle, Hart, Hildenbrand, and Mayor Sbranti NOES: Councilmember Swalwell ABSENT: None ABSTAIN: None ~J M-,- Mayor ATT T: City Clerk Reso No. 198-11, Adopted 11-15-11, Item 7.1 Page 2 of 2 ~ Exitbit A to Attachment ~ ~~ ~. ~ .. `. 0 ~; _ 1~F ~ j~' II . . ~ •1 ,~ - 1 J3 ~ T ,~ - f :~~ I~ ~ ~ ~~~ ~ ~. . - ~: ~- `~ /r ~-a [- r• 1~ 3 i ~~ .:. •~ s ~~ ~ ' ~ .-~ _ ~ ' ~ ,.• 1 . •~_ u~w+.~awowti t - ALL AA'IERICAN LABEL ~n LHARLL•5 fiUfF N.~ S45E3 Slerro Ct. DUOIIN ifY~..nNMyf¢~~ n...v.,G.. .m.,n.. RESOLUTION NO. 12-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW TO ALLOW AN UNENCLOSED, COVERED OUTDOOR STORAGE AREA IN THE LIGHT INDUSTRIAL (M-1) ZONING DISTRICT AT 6958 SIERRA COURT (APN 941-2756-006) PLPA-2011-00057 WHEREAS, Brad Brown, the Applicant, has requested approval of a Conditional Use Permit and Site Development Review to allow a 4,456 square foot unenclosed addition, for the purposes of outdoor storage, to an existing 23,994 square foot building at 6958 Sierra Court; and WHEREAS, the Applicant has submitted project plans for the requested entitlement prepared by Charles Huff, AIA, received by the Planning Division on January 25, 2012, attached as Exhibit A and incorporated herein by reference; and WHEREAS, the project site has a General Plan land use designation of Business Park/Industrial, and is in the M-1 (Light Industrial) Zoning District; and WHEREAS, the proposed project, as conditioned, is consistent with the Dublin General Plan and the Zoning District in which it is located, and represents an appropriate project for the site with approval of a Conditional Use Permit and Site Development Review; 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, Staff is recommending that the project be found exempt from CEQA in accordance with Section 15301 (Minor alterations to existing facilities involving little or no expansion) and 15303 (new construction or conversion of small structures); and WHEREAS, a Staff Report was submitted to the Planning Commission on February 14, 2012 recommending approval of said application, which Staff Report is incorporated herein by reference; and WHEREAS, the Planning Commission did hold a public hearing on said application; 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 finding and determinations regarding the proposed Conditional Use Permit and Site Development Review: Page 1 of 8 ATTACHMENT 8 Conditional Use Permit: A. The proposed use and related structures are compatible with other land uses, transportation and service facilities in the vicinity because: 1) the proposed location of the outdoor storage area is located in the Sierra Court Business Park area which has a wide variety of industrial uses; 2) Section 8.12.050 states that an Equipment and Materials Storage Yard is permitted in the M-1 (Light Industrial) Zoning District with a Conditional Use Permit; and 3) the proposed outdoor storage area is in association with an existing building and is compatible with the existing and allowed uses of the project site. B. The proposed use, as conditioned, will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare and will not be injurious to property or improvements in the neighborhood because: 1) the proposed use will be adequately conditioned to ensure that the operation has no recognizable negative impacts to the existing uses in the Light Industrial Business Park; and 2) the proposed outdoor storage area will comply with all of the City of Dublin regulations. C. The proposed use, under all circumstances and conditions of this permit, will not be injurious to property or improvements in the neighborhood because: 1) the proposed outdoor storage area will be used to store inventory; and 2) the storage area will comply with all City of Dublin regulations. D. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use and related structures would not be detrimental to the public health, safety, and welfare because: 1) the proposed use will be operated adjacent to an existing building that is serviced by all appropriate utilities and infrastructure; 2) the area was designed to accommodate a variety of uses and the proposed use fits in with the intended uses of the area; and 3) the proposed storage area will not be serviced by water or sanitation. E. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed because: 1) the existing roadway network leading to the site and the availability of existing on-site parking is adequate to serve the proposed use; and 2) the covered outdoor storage area will be located in an existing Light Industrial Business Park which was designed to support a variety of uses. F. The proposed use will not be contrary to the specific intent clauses, development regulations, and performance standards established for the Light Industrial (M-1) zoning district because: 1) Conditions of Approval have been applied to the project to ensure on- going compatibility with surrounding uses; 2) the proposed use (outdoor storage) is a Conditional Use in the M-1 (Light Industrial) Zoning District and is permitted when the required findings as stated in Section 8.100.060 of the Dublin Zoning Ordinance can be made; 3) the proposed outdoor storage area is compatible with the existing uses found in the Sierra Court Light Industrial area and therefore meets the requirements of the Dublin Zoning Ordinance; 4) the proposed use is consistent with the intent of the M-1 (Light Industrial) Zoning District as defined by Chapter 8.28 because the proposed outdoor storage area is small in size and is compatible with the surrounding land use; and 5) a total of 29 on-site parking spaces are required for this use, which includes an overall 10% reduction for the site as allowed by Section 8.76.050.D of the Zoning Ordinance. Page 2 of 8 G. The approval of this Conditional Use Permit is consistent with the Dublin General Plan because: 1) the proposed use is permitted with a Conditional Use Permit and meets the intentions of the Zoning District in which it is located; and 2) the proposed project will result in improvements to the site which will provide a service to the property owner that is consistent with the intent of the Business Park/Industrial General Plan Land Use designation. BE IT FURTHER RESOLVED THAT the Planning Commission does hereby make the following findings and determination: Site Development Review: A. The Project, as conditioned, is consistent with the purpose and intent of Chapter 8.104, with the General Plan and any applicable Specific Plans and design guidelines because: 1) the proposed modification to the site is to allow the addition of an unenclosed 4,456 square foot covered outdoor storage area adjacent to an existing industrial building; 2) the outdoor storage area is compatible with the existing building and use of the site; and 3) the covered outdoor storage area will be used to store inventory. B. The Project, as conditioned, is consistent with the provisions of the Zoning Ordinance because: 1) the proposed project will comply with all City Regulations, including setback requirements and height restrictions. C. The design of the project, as conditioned, is appropriate to the City, the vicinity, surrounding properties and the lot in which the project is proposed because: 1) prior to the construction of the unenclosed storage area, Building Permits will be required to ensure that the addition is constructed safely and in accordance with this approval; 2) the proposed project will comply with all City Regulations; 3) the proposed project will be compatible with similar projects in the vicinity; 4) the steel posts and roof of the carport will be painted to match the existing building on site; and 5) the noise generated from the construction will be minimal and will not create a nuisance. D. The subject site is physically suitable for the type and intensity of the approved development because: 1) the subject property is zoned M-1 (Light Industrial) and the proposed project includes the addition of an unenclosed 4,456 square foot covered outdoor storage area adjacent to the existing building on site that is consistent with the development regulations for the M-1 Zoning District; and 2) the proposed covered outdoor storage area will be compatible with the existing uses in the neighborhood. E. Impacts to existing slopes and topographic features are addressed because: 1) the property site is relatively flat; and 2) grading will not be required for the proposed exterior modification, which consists of the addition of a covered outdoor storage area to the site. 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 proposed outdoor storage area will complement the existing building on Page 3 of 8 site, thereby enhancing the overall site; and 2) the colors and materials used for the covered outdoor storage area are consistent with the existing building on site. 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 project consists of an existing light industrial property that is landscaped. H. The site has been adequately designed to ensure proper circulation for bicyclists, pedestrians and automobiles because: 1) no changes are being proposed to the site's circulation pattern. BE IT FURTHER RESOLVED THAT the City of Dublin Planning Commission does hereby approve PLPA-2011-00057, All American Label Conditional Use Permit and Site Development Review Permit, to construct and operate an unenclosed outdoor storage area at 6958 Sierra Court, APN 941-2756-006. The project approval shall be subject to compliance with the following Conditions of Approval for a Conditional Use Permit and Site Development Review Permit: 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: ~PLI Planning fBl Building, jP01 Police, fPW1 Public Works fADM1 Administration/City Attorney fFINI Finance, fF1 Alameda County Fire Department, fDSRSDI Dublin San Ramon Services District fC01 Alameda County Department of Environmental Health. CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to• GENERAL -Site Development Review and Conditional Use Permit 1. Approval. This Conditional Use Permit and Site PL On-going Standard Development Review approval is for an unenclosed 4,456 square foot covered outdoor storage area located at 6958 Sierra Court. This approval shall be as generally depicted and indicated on the plans prepared by Charles Huff, Architect, dated received January 25, 2012 and on file in the Community Development Department, and as specified by the following Conditions of Approval for this project. 2. Permit Expiration. Construction or use shall commence PL One year of 8.96.020.D within one (1) year of permit approval, or the permit shall approval lapse and become null and void. Commencement of date construction or use means the actual construction or use pursuant to the permit approval, or demonstrating substantial progress toward commencing such construction or use. If there is a dispute as to whether the Permit has expired, the City may hold a noticed public hearing to determine the matter. Such a determination ma be processed concurrent) with Page 4 of 8 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to• revocation proceedings in appropriate circumstances. If a permit expires, a new application must be made and processed according to the requirements of this Ordinance. 3. Time Extension. The original approving decision-maker PL One year of 8.96.020.E may, upon the Applicant's written request for an approval extension of approval prior to expiration, and upon the date determination that any Conditions of Approval remain adequate to assure that applicable findings of approval will continue to be met, grant a time extension of a royal fora eriod not to exceed six 6 months. 4. Permit Validity. This Conditional Use Permit and Site PL On-going 8.96.020.E Development Review approval shall be valid for the remaining life of the approved structure so long as the operators of the subject property comply with the ro~ect's conditions of a royal. 5. Revocation of permit. The Site Development Review PL On-going 8.96.020.1 and Conditional Use Permit approval shall be revocable for cause in accordance with Section 8.96.020.1 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. 6. Clean-up. The Applicant/Developer shall be responsible PL On-going Standard for clean-up and disposal of project related trash to maintain a safe, clean, and litter-free site. 7. Modifications. Modifications or changes to this Site PL On-going 8.104 Development Review approval may be considered in the manner directed by Chapter 8.104 (Site Development Review of the Zonin Ordinance. 8. Controlling Activities. The Applicant/Developer shall PL On-going Standard control all activities on the project site so as not to create a nuisance to the existing or surrounding businesses and residences. 9. Accessory/Temporary Structures. The use of any PL On-going 8.108.020 accessory or temporary structures, such as storage sheds or trailer/ container units used for storage or for any other purposes, shall be subject to review and approval b the Communit Development Director. 10. Fees. Applicant/Developer shall pay all applicable fees Various Issuance of Standard in effect at the time of building permit issuance, including, building but not limited to, Planning fees, Building fees, TVTC permit fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees, City of Dublin Fire Services fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; or any other fee that ma be ado ted and applicable. 11. Requirements and Standard Conditions. The Various Issuance of Standard Applicant/Developer shall comply with applicable Dublin building Fire, Dublin Public Works Department, Dublin Building permit Department, Dublin Police Services, Alameda Count Page 5 of 8 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 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. PRO JECT SPECIFIC -SITE DEVELOPMENT REVIEW 12. Covered Storage Area. The unenclosed, covered PL Final Planning outdoor storage area shall consist of a 4,456 square foot inspection steel carport structure. The steel column poles shall be painted to match the existing building. The roof shall consist of steel painted to match the roof color of the existin buildin . 13. Parking Lot. The parking area shall be re-striped to PL/PW Final Planning/Public accommodate 30 parking spaces as shown on Sheet 2 inspection Works of the Project Plans. The parking dimensions shall meet the dimensional requirements specified in Chapter 8.76 of the Dublin Zonin Ordinance. 14. Landscaping. Any landscaping disturbed or damaged PL Final Planning during construction shall be replaced in kind, to the inspection satisfaction of the Director of Communit Development. 15. Construction Fencing. The use of any temporary PW, PO, Installation Public Works/ construction fencing shall be subject to the review and F, B Police/Fire/ approval of the Public Works Director, Dublin Police Building Services, the Fire Marshal, and the Buildin Official. BUI LDING DIVISION 16. Building Codes and Ordinances. All project B Through Building construction shall conform to all building codes and completion ordinances in effect at the time of building permit. When additions are made to existing buildings, the work shall comply with all provisions of Division 1 Chapter 11 B of the CBC. The requirements apply to the area of specific addition and the following areas (11346.2 2010 CBC): The primary entrance to the building and the primary path of travel to the addition, Sanitary facilities, Drinking fountains, Signs, and Public telephones. In addition, the plans will need to show an accessible egress point from the buildin to the ublic wa . 17. Building Permits. To apply for building permits, B Issuance of Building Applicant/Developer shall submit seven (7) sets of building construction plans to the Building Division for plan check. permits 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 com lied with. Construction lans will not be Page 6 of 8 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 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. 18. Construction Drawings. Construction plans shall be B Issuance of Building 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 Ian and details shall be consistent with each other. 19. Addressing. Address wilt be required on all doors B Final Building leading to the exterior of the building. Addresses shall Inspection be illuminated and be able to be seen from the street, 4 inches in hei ht minimum. 20. Engineer Observation. For the installed and covered B Issuance of Building components of the carport, a plan shall be submitted to building determine what forensic inspections are required and permits how the items will be verified to the approved plans shall be submitted for review and approval. The Applicant shall work with the Building Official to determine which areas shall be excavated or x-rayed to determine com liance with the a roved lans. 21. The Engineer of record shall be retained to provide B Frame Building observation services for all components of the lateral and Inspection 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 ins ection. 22. Electronic File. The Applicant/Developer shall submit all B Final Building building drawings and specifications for this project in an Inspection 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 as an "As Built" electronic file and submitted prior to the issuance of the final occu anc . FIRE PREVENTION DIVISION 23. Fire Codes. The project shall comply with the applicable F Through Fire Building and Fire Codes at the time of building permit Completion issuance. 24. The entire project will be equipped with a NFPA 13 Fire F Final Fire S rinkler S stem. Inspection DUB LIN POLICE SERVICES 25. Non Residential Security Requirements. The Applicant PO On-going Police shall comply with all applicable City of Dublin Non Residential Securit Ordinance Re uirements. Page 7 of 8 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 26. Graffiti. The Developer and/or Property Owner shall keep PO On-going Police the site clear of graffiti vandalism on a regular and continuous basis at all times. Graffiti resistance materials and folic a should be used. PUB LIC WORKS bEPARTMENT 27. Accessible Parking. The Applicant shall provide at least Prior to Public Works one disabled accessible stall that is wide enough to Final accommodate a "Van Accessible" stall and the pavement slopes do not exceed 2% in any direction. All required disabled stalls shall meet the current Title 24/ADA standards. 28. Handrails. The Applicant shall provide a handrail along the PW Prior to Public Works existing path of travel from the accessible parking space to Final the rims entrance of the buildin . 29. Storm Drain Filter. The Applicant shall install a "Triton" PW Prior to Public Works Storm drain filter in the catch basin. Final PASSED, APPROVED AND ADOPTED this 14th day of February 2012. AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chairperson ATTEST: Planning Manager G:IPA#120111PLPA-2011-00057 AA Label SDR - unenclosedlPC Reso.docx Page 8 of 8 ~ r' N N ~~ u 0 o n a zoo ~a°o O.M1 " -SNP. 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A R C H I T E C T 4441 Railroad Ave., Suite B Pleasanton, CA (925) 462-9226 ae° \ „£,~ ~ ~ `I ;.~ WI 3 nm m Y o x 3 I/~\ I~ ~~ I~ !~ ~yd1 * ~ ~cF ~ Z~ ~~o n a qnq.. r> a O ;' S ~,2, Zn 9,~~q * jl,.~i m r Z 0 ~~ NEW CARPORT FOR: ALL AMERICAN LABEL 6958 Sierra Ct. DUBLIN 2 ; ~I Job No Or n \Revisions ~r1 r~23~ii n n n CHARLES HUFF, A.I.A. A R C H I T E C T 4441 Railroad Ave., Suite B Pleasanton, CA (925) 462-9226 m x z c 0 z c~ -~ 14-ou i ---- ---- ---- ~ O~ ~~ o ~ m ~ ~ ~ ~. ~~I =-__ ___~__ ______ RI o ~, ~~ rri ~ ; ~ i r .. R~ ~j =___ ~____ __= C- z~ ~, I ~~ ~I~ m x Z C r v z m~ Y~ oQ Z --I G ~ m x z Z W 0 Z ~ N x a f - ~ t~ ~~ ~~ o Q ~A 0 C~ m v his ~ `F T _ ` ~~NO n (> Y v ~t)l S~ '~q~,q ~Yg ii'a ~~ nr i~ NEW CARPORT FOR: ALL AMERICAN LABEL 6958 Sierra Ct. I, - >~ ~ ~ ~ -iN_~y 0 - ur O ~ z~ m O ~3 - d rn ~ pi o r Z ~ o~ °m m r m (.~.!DY O Z ~ DUBLIN to 21rc Job No. Dr wn Remsions nnn CHARLES HUFF, A.I.A. A R C H I T E C T i 4441 Railroad Ave., Suite B Pleasanton; CA (925) 462-9226