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Home My WebLink About03-27-2012 - AgendaPlanning Commission Regular Meeting City of Dublin March 27, 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 – March 13, 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-2011-00039 Brannigan Street, General Plan Amendment, Eastern Dublin Specific Plan Amendment, Stage 1 Planned Development Zoning Amendment (PA 01-037) and new Stage 2 Development Plan, Site Development Review and Vesting Tentative Tract Map 8093 for 19 single-family homes in a 19-lot subdivision, Development Agreement, and CEQA Addendum to prior certified Environmental Impact Reports and documents for a 3-acre parcel located along the west side of Brannigan Street north of Gleason Drive within Area F of Dublin Ranch. 8.2 PLPA 2010-00055 Silvera Ranch Phase 4 General Plan Amendment, Eastern Dublin Specific Plan Amendment, Planned Development Zoning Amendments with related Stage 1 and Stage 2 Development Plan Amendments, Site Development Review, Vesting Tentative Parcel Map 10053, and related CEQA findings for a 0.95-acre site north of Fallon Road in the neighborhood known as Bella Monte. 8.3 PLPA-2010-00030 Combat Sports Academy Conditional Use Permit Amendment to expand an existing Indoor Recreational Facility (Martial Arts Studio), a Parking Reduction for an Individual Use and a Parking Reduction for Shared Parking. 8.4 PLPA-2011-00026 Zoning Ordinance Amendment to Chapter 8.84 (Sign Regulations). 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) STAFF REPORT PLANNING COMMISSION DATE: March 27, 2019 TO: Planning Commission SUBJECT: PUBLIC HEARING - PLPA-2011-00039 Brannigan Street, General Plan Amendment, Eastern Dublin Specific Plan Amendment, Planned Development rezoning with related Stage 1 Development Plan Amendment and new Stage 2 Development Plan, Site Development Review and Vesting Tentative Tract Map 8093 for 19Single-Family homes in a 19-lot subdivision, Development Agreement, and CEQA Addendum to prior CEQA documents fora 3-acre parcel located along the west side of Brannigan Street north of Gleason Drive within Area F of Dublin Ranch Report prepared by Mike Porto, Consulting Planner EXECUTIVE SUMMARY: The subject of this application is a 3-acre parcel located along the west side of Brannigan Street north of Gleason Drive within Area F of Dublin Ranch. This site currently is designated Public/Semi-Public in the General Plan and the Eastern Dublin Specific Plan with consistent zoning of Planned Development (PD) Public/Semi-Public. The Applicant has requested land use amendments to the General Plan and the Eastern Dublin Specific Plan, a Planned Development rezoning with related Stage 1 Development Plan Amendment and new Stage 2 Development Plan to change the land use designation and zoning from Public/Semi- Public to Medium Density Residential. Concurrent approval has been requested for Site Development Review for 19 Single-Family detached units, Vesting Tentative Tract Map 8093 for a 19-lot residential subdivision, and a Development Agreement. 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 the following Resolutions: a) Resolution recommending that the City Council adopt a CEQA Addendum for the Brannigan Street project; b) Resolution recommending that the City Council adopt a Resolution amending the General Plan and Eastern Dublin Specific Plan to change the land use designation from Public/Semi- Public to Medium Density Residential fora 3-acre site on Brannigan Street north of Gleason Drive; c) Resolution recommending that the City Council adopt an Ordinance approving a Planned Development rezone with related Stage 1 Development Plan Amendment and new Stage 2 Development Plan fora 3-acre site on Brannigan Street north of Gleason Drive; d) Resolution approving a Site Development Review and Vesting Tentative Tract Map 8093 for the Brannigan Street project, a residential subdivision of 19 single-family detached units on approximately 3 acres; and e) Resolution recommending that the City Council approve a Development Agreement. Submitted By vi ed By Mike Porto, Consulting Planner Planning Manager COPIES TO: Applicant File ITEM NO.: • Page 1 of 14 G:1PA#120111PLPA-2011-00039 Lennar Homes Brannigan GPA EDSPAV(it's DOC commentslpc staff report for brannigan lennar project.DOC DESCRIPTION: Background: The Project Site is a three-acre parcel (APN 098-0052-021) located along the west side of Brannigan Street north of Gleason Drive within Planning Area F of Dublin Ranch. The original annexation prezoning was approved by Ordinance 11-94, (PA 94-030). The current boundaries and configuration of Area F include portions that originally were part of Dublin Ranch Areas B and E. Land use designations and zoning for portions of these areas subsequently were changed by Resolution 141-97 (PA 96-038 & PA 96-039). In February 2000, the City Council adopted Ordinance No. 6-00 approving PAs 98-068, 98-069 and 98-070 which established Stage 1 and some Stage 2 Planned Development zoning for Areas F, G and H, respectively. The current boundaries for Area F generally were established at that time. On March 21, 2000, the City Council adopted Resolution 35-00 approving a General Plan Amendment and Eastern Dublin Specific Plan Amendment, respectively, which designated land uses within a reconfiguration of planning areas for Dublin Ranch, including Planning Area F (approximately 285 acres). At that time, the project site was part of a 50-acre site designated for High School (HS) use in both the General Plan and the Eastern Dublin Specific Plan. Stage 1 Planned Development zoning in Ordinance 06-00 (PA 01-037) was adopted as PD-HS, consistent with the approved land use. Following adoption of these land uses, the Dublin Unified School District determined not to pursue the high school site on this property. In 2004, the General Plan and Eastern Dublin Specific Plan were amended through the Area F North project to change the use of the 6.3 acres remaining from the high school site (including the Project Site) to Public/Semi-Public use. Stage 1 Planned Development zoning was adopted by Ordinance 12-04 consistent with the adopted land use designation. The project site comprises 3 acres of the 6.3-acre area. The Project Site is vacant with no vegetation having been part of an area mass graded for Dublin Ranch Planning Areas B, E and F. It is described as Parcel 1 of Parcel Map 9451. The Springfield Montessori School was built generally in the northern portion of the 6.3 acre site. 2 of 14 The Project Site was purchased by the current property owner, East Bay Muslim Community Center, for use as community center/worship facility. Since that time the property has remained vacant. Indications have been that the property is too small to accomplish the intended use given the required development standards. Lennar Homes of California holds an option to purchase the property from the current owner and is serving as the owner's representative in obtaining entitlements. The abutting property to the south is an undeveloped remnant parcel (APN 098-0052-029) of approximately 3.07 acres extending along the north side of Gleason Drive between Tassajara Road and Brannigan Street. The easterly portion of the remnant parcel is designated P/SP. However, the future size and configuration of this remnant parcel will be determined by the ultimate design and right-of-way required for the completion of Gleason Drive. Development to the west abutting the project site is the "Courtyards" tract developed as a Medium Density Residential neighborhood of small-lot detached single-family homes. A slope along the westerly boundary of the Project Site creates a physical barrier between the two sites with the Courtyards approximately 23 feet lower in elevation. Easterly across Brannigan Street from the Project Site, Lennar is completing construction of 119 Single-Family detached homes known as Sonata Tract 7282, approved by Planning Commission Resolution 06-28. The Sonata neighborhood is designated as Medium Density Residential. The Development Regulations for the Brannigan Street project, once adopted, will reflect the Development Regulations adopted for the Sonata neighborhood. Current Proposal: The Applicant is requesting approval of General Plan and Eastern Dublin Specific Plan Amendments to re-designate the site from Public/Semi-Public to Medium Density Residential (6.0-14.1 du/ac). The request includes a corresponding Planned Development rezoning with related Stage 1 Development Plan Amendment and new Stage 2 Development Plan. The proposed PD zoning would allow for the development of 19 single-family detached homes. Additional requests include Site Development Review, Vesting Tentative Tract Map 8093 for a residential subdivision of 19 single-family detached units on approximately 3 acres consistent with the development standards in nearby Medium Density Residential projects, and a Development Agreement. ANALYSIS: General Plan ~ Eastern Dublin Specific Plan Amendment On June 21, 2011, the City Council Adopted Resolution 112-11 initiating a General Plan and Eastern Dublin Specific Plan Amendment Study based on the current proposal. The project site has a current General Plan and Eastern Dublin Specific Plan land use designation of Public/Semi-Public. The General Plan defines Public/Semi-Public Facilities to include uses such as public schools, libraries, city offices, post offices, fire stations, and community serving uses, child care centers, youth centers, senior centers, special needs program facilities, religious institutions, clubhouses, community centers, community theatres, hospitals, private schools, and other facilities that provide cultural, educational, or other similar services. Existing Planned Development Zoning is for Public/Semi-Public uses. Public/Semi-Public uses may be built at a maximum Floor Area Ratio (FAR) of .50%. 3 of 14 The proposed General Plan and Eastern Dublin Specific Plan Amendments would modify the existing land use designation of the 3-acre site from Public/Semi-Public to Medium Density Residential (6.0 to 14.1 dwelling units per acre). The Applicant is proposing to develop 19 homes, consistent with existing Medium Density Residential development to the east and west. Existing Land Use !'~--- Medium Density Res Medium cl DensitvRes i-~~ i i i Public/Semi- j Public ~~, PubliclSemi- ~ ~ .,= I Public I j i i~ - _ ,~ i i '~ __ _ 1C{--- ~ ~ Medium Density Res Medium Density Res Public/Semi- Pubilc rr~r~u5eu ~aiiu use \ _~ ~t.~ ,~..,,.a.~ I Medium Density Res I- 1_=J ) Public/Semi- Public i _ ~I ; ~ -"~~J'i Medium Density Res - i ~~ 1~ ~ -~ j The project proposal includes related amendments to the various figures, texts, and tables in the General Plan and Eastern Dublin Specific Plan to ensure consistency throughout the documents. A Resolution recommending the City Council adopt a General Plan Amendment and an Eastern Dublin Specific Plan Amendment for the Brannigan Street project is included as Attachment 1. Planned Development Rezoning with related Stage 1 Development Plan Amendment (Ordinance 12-04) and new Stage 2 Development Plan The Applicant also requests approval of a Planned Development rezoning with related Stage 1 Development Plan Amendment and new Stage 2 Development Plan consistent with the requested General Plan and Eastern Dublin Specific Plan land use amendments. The rezone will amend the existing PD Zoning to allow Medium Density Residential uses on the subject site. With the proposed PD Amendments, residential development standards would be adopted for the Project Site so that the subdivision would be consistent with the existing Medium Density Residential development in Dublin Ranch Area F, including: lot size, frontage, setbacks, coverage, distance between buildings, common outdoor areas, usable outdoor areas, height limits, parking, driveways, and grading standards. 4of14 The Development Regulations for the Brannigan Street project are proposed as follows: TABLE 1: Development Regulations -Brannigan Street Standards Medium Density Single Family Detached (Area F1) Lot Size: Minimum 3,150 sf Lot Size 3,150 sf Minimum Street Frontage 35 feet Maximum Lot Coverage 50% Maximum Building Height 38 feet Maximum Stories 3 Minimum Front Yard Setbacks to living area 12 feet to porch 10 feet front of garage 18 feet Minimum Side Yard Setback 2 story to 2 story 4 feet minimum corner lot (setback from side street) 9 feet Minimum Rear Yard Setback Living Space 12 feet average, 5 feet minimum Usable Rear Yards 300 sf contiguous flat area minimum 5 feet minimum dimension Parking Spaces Required 2 covered, 1 guest The proposed Stage 1 Development Plan Amendment and new Stage 2 Development Plan are consistent with the requirements of the Zoning Ordinance (Chapter 8.32-Planned Development Zoning). A Resolution recommending the City Council adopt an Ordinance approving the Planned Development rezone with related Stage 1 Development Plan Amendment and new Stage 2 Development Plan for the Brannigan Street project is included as Attachment 2 with the draft City Council Ordinance included as Exhibit A to Attachment 2. Site Development Review Site Layout/Plotting -The lots are laid out around an internal loop street system that achieves several benefits to the neighboring properties. Access to the Brannigan Street project would be taken from Brodie Way which aligns with the street across Brannigan Street to the east. Seven of the lots would have a rear yard wall facing Brannigan Street; twelve of the lots would face onto the interior side of the loop road. The "unloaded" or outer perimeter of the loop road would be free from garage driveway access and available for curbside guest parking. The internal street system will provide a "stub" to the adjacent property to the south if needed for future plans. 5 of 14 Site Plan ~~,~ i e CHtCLE'A' i raxcn~ rzsas~ IY` Y 9S-!1 1 I ~.~ ' ( 19 16 IT 16 IS 14 ~ ~ ! - s~ o a,~,~ ~ 1 ' iur~ mlrun s~ ~. ~ ~ nl i o® ca?m, m Clr>> cae eye -- B 9 10 I I 12 13 1 f --~-- 1 1 i CIltC7.8'A' i , i C~1 O® Q~ C;~ 1 i i i rurcEl. MwN51 QM CJA ~ i ~ANy j.~~ • 1 BRAN16CiAH $~RFEf A specific floor plan and elevation has been plotted for each of the 19 lots based on lot coverage and diversity of street scene, as shown in Table 2 below. However, the proposed Project will have flexibility to place different plans on the lots. Tahla ?_~ I ntc in granniaan Street Proiect Lot -Tract 8093 Lot Area (sf) Plan/Elevationl'I Covera e 1 4,627 2A 35% 2 3,871 1 B 41 3 4,172 2C 40% 4 4,020 1A 41 5 3,597 2B 45% 6 3,445 1 C 46% 7 3,381 2C 49% 8 3,709 2A 44% 9 3,375 1 B 47% 10 3,375 2C 49% 11 3,375 1A 48% 12 3,375 2B 48% 13 3,709 1 C 43% 14 3,709 2A 44% 15 3,375 1 B 47% 16 3,375 2C 49% 17 3,375 1A 48% 18 3,375 2B 48% 19 3,709 1 C 43% Ill (A) Spanish, (B) Tuscan, and (C) French 6of14 The purpose of the plotting matrix/fit list also shows that any of the approved floor plans will fit on all 19 lots within the coverage limitations of 50%. As with previously approved SDRs within the Eastern Dublin Specific Plan Area such as Positano and Jordan Ranch, this flexibility would be allowed within the plotting parameters described as follows: Individual floor plans may be placed next to each other. However, only two of the same individual floor plans may be plotted next to each other without being interrupted by a different floor plan. In no case will the same architectural elevation or color scheme be allowed next to or across the street from each other, unless they are a different individual floor plan. The purpose of allowing this flexibility is to enhance sales and marketing while maintaining sufficient diversity along the street scene. Also, the ability to plot any house on any lot will add a more distinctive look to the neighborhood and eliminate the repetitious look of many subdivisions. These standards have been included as Condition #30 of Attachment 3. As individual plot plans are submitted for each lot, the Applicant shall provide a master plotting plan for the previous lots in the subdivision to ensure compliance with these standards. The proposed project would comply with all other adopted development standards. Floor Plans -The Brannigan Street project offers two floor plans. Both are two stories and either 2,319 square feet for Plan 1 or 2,506 square feet for Plan 2. Both plans have a covered front porch and a double garage with astreet-facing door. Ground floor living area is configured with a great room (living, eating, and kitchen space) and a half bath/powder room. Second floor space includes the master bedroom at the rear of the structure, laundry room, and two or three bedrooms, depending on the plan. Each master bedroom is provided with an en-suite master bathroom and one or two walk-in closets, depending on the plan. Both secondary bathrooms on the second floor have dual basins. Each ground floor also includes one bedroom near the entry with full en-suite bathroom and walk-in closet. Any patio cover, not shown with the floor plans, would be subject to further review for a coverage maximum of 50% which would vary among each lot. Table 3 shows proposed square footage, bedrooms, bathrooms, parking, and available styles for each of the proposed plans. Table 3: Brannigan Street -Floor Plans Square r Bedrooms Bathrooms Footage Elevations~2~ Parking Plan ( ical)c'~ Plan 1 4 3.5 2,319 sf A, B& C 2 Plan 2 5 3.5 2,506 sf A, B& C 2 Total: 19 Units ~'~ Living area only. cz~ (A) Spanish, (B) Tuscan, and (C) French Plan 1 -Plan 1 is the smaller of the two with 3 bedrooms upstairs and one on the ground floor. The master bedroom has one large walk-in closet. (See Attachment 4, Architecture tab, Sheets A4, A7 & A10) Plan 2 -Plan 2 is the larger of the two and offers 4 bedrooms on the second floor along with the ground floor suite. The master bedroom has 2 walk-in closets. Awalk-in closet also is available for Bedroom #2 on the second floor. (See Attachment 4, Architecture tab, Sheets A15, A18 & A21) 7of14 Architecture -The SDR for Brannigan Street offers three architectural styles for each of the two floor plans. The homes are designed with themed architectural elements integrated into the front facades and enhanced rear and corner elevations that wrap the sides of the structures. Because no one- story floor plan is proposed, floor plans and exterior elevations are designed with one-story elements along the front. Both plans present a strong one-story element to the street and recessed second story elements to reduce mass and enhance pedestrian scale. The garage facades have been de-emphasized with architecture forward plans, multi-plane front elevation setbacks, and recessed doors. The use of the three styles 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. To provide wide diversity to the exterior elevations and architectural styles, the exteriors also rely on color to differentiate among exterior planes. Exterior elevations of all three styles primarily are stucco or plaster finish with accents in manufactured cultured stone on the Tuscan and French styles for Plan 1 and on the Tuscan style only for Plan 2. For both plans roof materials are concrete S-tiles for the Spanish and Tuscan styles, and flat concrete the for the French style. All styles are designed with enclosed eaves. (See Attachment 4, Architecture tab, Sheets A2 and A13) Roll-up garage doors present nearly square panels on all styles. The following provides an abbreviated description of each architectural style reflecting the proposed exteriors in the neighborhood: - (A) Spanish -The Spanish style features gable roof forms, stucco window recesses, heavy headers and sills, second story window awnings, and decorative lapped window shutters. Window forms display square or rectangular mullions. Wooden post support the front porch, and gable ends are enhanced with and decorative the vents. - (B) Tuscan -This style is identified by a gable roof form. Architectural elements also include stucco recesses and heavy foam buildouts along the headers and window sills. Windows present square or rectangular mullion. Other elements include wooden front porch posts and stone veneer to accent the entry. - (C) French - As mentioned above, the French style uses a flat concrete the on steeply pitched hip roof forms with short or high ridges. Upper story window and door elements are framed by gables with decorative siding as an enhancement. Stucco and foam build- outs are used to delineate window with recesses and to enhance out headers and sills. Windows are decorated with plank shutters and divided mullions in the upper portion. Exteriors accents feature cultured stone veneer on Plan 1 and wooden front porch post on Plan 2. Parking - In accordance with the development standards in the Stage 2 Development Plan, each of the 19 single-family homes in Brannigan Street is provided with atwo-car side-by-side garage resulting in compliance with the minimum requirement of 38 covered spaces. In addition, all units are required to provide one guest space (a minimum of 19 guest spaces). Attachment 4, Sheet AP12, identifies 19 spaces located curbside along the outer perimeter of the private interior circle loop drive on site within the project area boundaries except where 8of14 marked for traffic safety and access by emergency vehicles. Driveways are also proposed which can accommodate 2 cars. Landscaping/Fence Plan -The Landscaping Plan in the current submittal generally is consistent with the plans approved with previous SDRs for neighborhoods west (Courtyards, Dublin Ranch Phase 1, M-3 neighborhood) and east of this proposed project (Lennar's Sonata neighborhood). (See Attachment 4, Landscape Architecture tab, Sheets L-1 through L-4). Landscaping for this project has special emphasis because of the slopes along the westerly edge and the interface with Brannigan Street. As with the SDRs approved nearby, the landscaping is proposed to be generous, with trees lining the neighborhood streets, parkways, and landscaped strips. Relative to the topography of the Project Site, the fence plan takes into consideration retaining walls and view fencing where appropriate. The outside perimeter of the circular loop road will be heavily landscaped within slope areas along the south and west setbacks. A 5-foot wide sidewalk encircles the outer perimeter of the circular loop road; it connects to Brannigan Street along the southeasterly boundary of the Project Site and carries through along the north side of the neighborhood entrance at Brodie Way. The sidewalk is separated from the slope plantings by a concrete split rail fence with wood grain concrete posts and stylized concrete pilasters with cultured stone veneer and precast concrete caps. This design is consistent with similar fencing in developments adjacent to this project. The rail fence theme displayed on Brannigan Street will be used along with hardscape elements, such as enhanced pavement, to create a neighborhood entry and identity. Fence elements of the split concrete rail and stone clad pilasters will be used to feature entry monument hanging signage facing the neighborhood entrance at Brodie Way. All landscaping along the private right-of-ways and sidewalks paralleling the streets will be shaded and enhanced by trees and plantings. For this project, the developer has agreed to make street improvements along the Brannigan Street frontage of the adjacent remnant parcel continuing down to the Gleason Drive right-of-way, as further addressed in the draft Development Agreement and in SDR/VTM Condition of Approval #38. The interface with the Montessori School site to the north will be separated by a 6-foot high vine-covered wooden fence. A "community-themed wall" similar to those in the neighborhoods throughout Dublin Ranch would be constructed along Brannigan Street separating the rear yards of Lots 1 through 7 from Brannigan Street. The landscape plans in the current submittal also have been prepared to reflect the building footprint of each floor plan. In addition to the overall landscape plan for the neighborhood, a typical landscape/site plan is provided for both interior and corner lots for each of the two floor plans. The landscaping for the parkways and the individual lots will be required to conform to the City Water Efficient Landscape Ordinance. Affordable Housing/Inclusionary Zoning -The proposed project is not subject to the City's Inclusionary Housing requirements as it is less than 20 units. Public Art Compliance -The project is not subject to the City's public art requirements as it is less than 20 units. 9 of 14 Vesting Tentative Tract Map 8093 Vesting Tentative Tract Map 8093 would subdivide the 3-acre site into 19 lots along a circle loop, private street road system. Lots would range in size from 3,375 square feet (Lots 9, 10, 11, 12, 15, 16, 17 & 18) to 4,627 square feet (Lot 1) as further discussed above. A Resolution approving Vesting Tentative Tract Map 8093 with required findings along with the Site Development Review for the Brannigan Street project is included as Attachment 3. Development Agreement Projects within the Eastern Dublin Specific Plan (EDSP) require a Development Agreement between the City of Dublin and the Developer. California Government Code §§ 65864 et seq. and Chapter 8.56 of the Dublin Municipal Code authorize the City to enter into an agreement for the development of real property with any person having a legal or equitable interest in such property in order to obtain certain commitments and establish certain development rights for the property. The Development Agreement must be approved prior to recordation of the Final Tract Map and issuance of building permits for the development of the property. Development Agreements are approved by an Ordinance of the City Council upon recommendation by the Planning Commission (Attachment 5). The proposed Development Agreement (Exhibit A to Attachment 5) was drafted with input from City Staff, the project Applicant, property owner, and the City Attorney based on the standard Development Agreement prepared by the City Attorney and adopted by the City Council for projects located within the Eastern Dublin Specific Plan area. The Development Agreement provides security to the developer that the City will not change its zoning and other laws applicable to the project. The Development Agreement becomes effective for a term of five (5) years from the date of the signing of the agreement. The City also benefits from entering into the Development Agreement with the property owner in a number of ways. This document is a contract that establishes obligations for meeting the goals of the Eastern Dublin Specific Plan and guarantees timing for construction of public infrastructure and facilities for the project area. Additionally, it ensures that dedications of property and easements are made, project phasing is followed, appropriate fees are paid for the development, and any additional terms of the agreement are carried out as development proceeds. In return, the Developer agrees to comply with the Conditions of Approval and, in some cases, makes commitments which the City might otherwise have no authority to compel the Developers to perform. Specifically, the Development Agreement augments the City's standard development regulations; defines the precise financial responsibilities of the developer; ensures timely provision of adequate public facilities for each project; and provides terms for the Developer to advance funds for specific facilities which have community or area-wide benefit or for reimbursement from future development, as appropriate. Since the Development Agreement runs with the land, the rights thereunder can be assigned. Specifically, Paragraph 17 of the Development Agreement would delegate authority to the City Manager for approval of such requests for transfer or assignment. Other items specific to this Development Agreement include: a) a Community Benefit Payment of $50,000, and b) street improvements between the southeasterly boundary of the Project site and the Gleason Drive right-of-way. A Resolution recommending that the City Council adopt an Ordinance approving a Development Agreement between the City of Dublin and Lennar Homes of California, Inc. for the Brannigan Street project is included as Attachment 5. 10 of 14 CONSISTENCY WITH GENERAL PLAN, SPECIFIC PLAN & ZONING ORDINANCE The application includes a request for Planned Development rezone with a Stage 1 Development Plan Amendment and new Stage 2 Development Plan that are consistent with the proposed land use amendments under the General Plan and Eastern Dublin Specific Plan. The Stage 2 Planned Development zoning and its Development Regulations would be applicable to the Vesting Tentative Tract Map and Site Development Review. The current SDR request would be consistent with Planned Development zoning standards applicable to this project. 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 the larger Dublin Ranch Area F project that has implemented pathways, gathering spaces, and open spaces. The Project will adhere to the City of Dublin Green Building Ordinance (See Attachment 6) but due to the small number of units, the project is not required to satisfy the 50 point threshold in the City's program. However, the Applicant has provided the Build it Green Checklist indicating the project will obtain 134 points. In any case, the proposed project will further 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. REVIEW BY APPLICABLE DEPARTMENT AND AGENCIES: The Building Division, Fire Prevention Bureau, Public Works Department, Dublin Police Services and Dublin San Ramon Services District 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. Conditions of Approval from these departments and agencies have been included in the attached Resolution for the Site Development Review and the Vesting Tentative Map (Attachment 3). 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 entire Public/Semi Public Land use (Springfield Montessori site and the project site). 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. ENVIRONMENTAL REVIEW: The General Plan and the Eastern Dublin Specific Plan were adopted by the City to encourage orderly growth of the Eastern Dublin area. The Eastern Dublin EIR was a Program EIR and evaluated the potential environmental effects of urbanizing Eastern Dublin over a 20 to 30 year period. On May 10, 1993, the Dublin City Council adopted Resolution No. 51-93, certifying an Environmental Impact Report (EIR) for the Eastern Dublin General Plan Amendment and Eastern Dublin Specific Plan (Eastern Dublin EIR, SCH #91103064). The certified EIR consisted of a Draft EIR and Responses to Comments bound volumes, as well as an Addendum dated May 4, 1993, assessing a modified reduced development alternative. The City Council adopted Resolution No. 53-93 approving a General Plan Amendment and a Specific Plan for the modified reduced area alternative on May 10, 1993. On August 22, 1994, the City Council adopted a second Addendum updating wastewater disposal plans for Eastern Dublin. 11 of 14 Later CEQA reviews addressing the Project site include a 1997 Negative Declaration (ND) (Resolution 140-97) and a 2000 Mitigated Negative Declaration (MND) for the Dublin Ranch Area F project (Resolution 34-00). An EIR Addendum was adopted for the Area F North project on March 16, 2004 by Resolution 43-04. The Eastern Dublin EIR addressed the cumulative effects of developing in agricultural and open space areas and the basic policy considerations accompanying the change in character from undeveloped to developed lands. For identified impacts that could not be mitigated to a less than significant level, the City Council adopted a Statement of Overriding Considerations for cumulative traffic, extension of certain community facilities (natural gas, electric and telephone service), regional air quality, noise, and other impacts. Because the Eastern Dublin project proposed urbanization of the almost completely undeveloped Eastern Dublin area, the Eastern Dublin EIR also analyzed conversion of agricultural and open space lands to urban uses. These impacts together with visual and other impacts from urbanization were also determined to be significant and unavoidable. Where the Eastern Dublin EIR identified impacts that could be mitigated, the previously adopted mitigation measures continue to apply to implementing projects, such as the Brannigan Street project. Similarly, mitigation measures from the 2000 MND would continue to apply to the Project, as appropriate. Consistent with CEQA Section 21166 and CEQA Guidelines Sections 15162 and 15163, an Initial Study was prepared by the City, as the Lead Agency, to determine whether there would be significant environmental impacts occurring as a result of the current project beyond or different from those already addressed in the previous CEQA documents. Consistent with CEQA Guidelines Section 15164, a determination was made to prepare an Addendum to the environmental documents certified previously. Attachment 7 is the Resolution of the Planning Commission recommending that the City Council adopt the CEQA Addendum. Exhibit A to Attachment 7 is the CEQA Addendum. The Initial Study and Addendum to previous CEQA documents concluded that the proposed project did not identify any new or more severe significant impacts that were not analyzed previously, and that no further environmental review under CEQA is required. Pursuant to the 2002 Citizens for a Better Environment case, approval of the Addendum will include a Statement of Overriding Considerations for significant unavoidable impacts identified in the prior Eastern Dublin EIR that are applicable to the project or project site. The CEQA Addendum, prior CEQA documents, and all of the Resolutions, and Ordinances referenced above are incorporated herein by reference and are available for review at City Hall during normal business hours. ATTACHMENTS: 1) Resolution recommending that the City Council adopt a Resolution amending the General Plan and Eastern Dublin Specific Plan to change the land use designation from Public/Semi-Public to Medium Density Residential fora 3-acre site on Brannigan Street north of Gleason Drive. 2) Resolution recommending that the City Council adopt an Ordinance approving a Planned Development rezone with related Stage 1 Development Plan Amendment and new Stage 2 Development Plan fora 3-acre site on Brannigan Street north of Gleason Drive, with the draft City Council Ordinance included as Exhibit A. 12 of 14 3) Resolution approving a Site Development Review Permit and Vesting Tentative Tract Map 8093 for the Brannigan Street project, a residential subdivision of 19 single-family detached units on approximately 3 acres. 4) Project Plans for Brannigan Street. 5) Resolution recommending that the City Council adopt an Ordinance approving a Development Agreement with Lennar Homes of California, Inc. for the Brannigan Street project with the draft City Council Ordinance attached as Exhibit A. 6) Build it Green Checklist. 7) Resolution recommending that the City Council adopt a CEQA Addendum for the Brannigan Street project with the draft Addendum attached as Exhibit A. 13 of 14 GENERAL INFORMATION: APPLICANT: PROPERTY OWNER: LOCATION: ASSESSORS PARCEL NUMBER: EXISTING LAND USE DESIGNATION: EXISTING ZONING: PROPOSED LAND USE DESIGNATION: PROPOSED RE-ZONING: SURROUNDING USES: Lennar Homes of California, Inc. 6121 Bollinger Canyon Road #500 San Ramon, CA 94583 Attn: Doug Rich Muslim Community Center -East Bay 5724 West Las Positas Boulevard, Suite 300 Pleasanton, CA 94588 West side of Brannigan Street north of Gleason Drive 985-0052-021 Public/Semi-Public PD, Ordinance 12-04 Medium Density Residential (6.0 to 14.1 units per acre) PD (Medium Density Residential) LOCATION ZONING GENERAL PLAN LAND USE CURRENT USE OF PROPERTY North PD Public/Semi-Public Montessori School South PD Public/Semi-Public Vacant Medium Density Residential Medium Density Single-Family East pp across Branni an Street Residential "Sonata" Medium Density Single-Family West PD Medium Density Residential Residential "Courtyards" Reference: General Plan Eastern Dublin Specific Plan 14 of 14 RESOLUTION NO. 12 - X A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION AMENDING THE GENERAL PLAN AND EASTERN DUBLIN SPECIFIC PLAN TO CHANGE THE LAND USE DESIGNATION FROM PUBLIC/SEMI-PUBLIC TO MEDIUM DENSITY RESIDENTIAL FOR A 3-ACRE SITE ON BRANNIGAN STREET NORTH OF GLEASON DRIVE (APN 985-0052-021) PLPA-2011-00039 WHEREAS, Lennar Homes of California, Inc. ("Applicant") submitted applications fora 3- acre site located along the west side of Brannigan Street north of Gleason Drive ("Project Site"). The applications include: 1) General Plan and Eastern Dublin Specific Plan amendments to change the land use from its current designation of Public/Semi-Public to Medium Density Residential; 2) Planned Development rezoning with related Stage 1 Development Plan Amendment and new Stage 2 Development Plan; 3) Site Development Review (SDR) to construct 19 single-family detached homes; 4) Vesting Tentative Tract Map 8093 to create 19 residential lots; and 5) Development Agreement. The Project Site and the applications are collectively known as the "Project;" and WHEREAS, consistent with California Government Code Section 65352.3, the City obtained a contact list of local Native American tribes from the Native American Heritage Commission and notified the tribes on the contact list of the opportunity to consult with the City on the proposed General Plan and Specific Plan amendments. None of the contacted tribes requested a consultation within the 90-day statutory consultation period and no further action is required under section 65352.3; and WHEREAS, the General Plan and Eastern Dublin Specific Plan amendments would change the existing land use from Public/Semi-Public to Medium Density Residential (6.0 to 14.0 dwelling units per acre); and WHEREAS, a California Environmental Quality Act (CEQA) Addendum has been prepared pursuant to the CEQA Guidelines; and WHEREAS, a Staff Report for the Planning Commission, dated March 27, 2012 and incorporated herein by reference, described and analyzed the project, including the proposed amendments to the General Plan and Eastern Dublin Specific Plan, and the related CEQA Addendum; and WHEREAS, on March 27, 2012 the Planning Commission held a properly noticed public hearing on the project, including the proposed General Plan and Eastern Dublin Specific Plan amendments, at which time all interested parties had the opportunity to be heard; and WHEREAS, on March 27, 2012 the Planning Commission recommended that the City Council adopt a CEQA Addendum for the Project, which resolution is incorporated herein by reference and available for review at City Hall during normal business hours; and ATTACHMENT 1 WHEREAS, the Planning Commission considered the CEQA Addendum, prior CEQA documents, and all above-referenced reports, recommendations, and testimony prior to taking any action on the Project. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this resolution. BE IT FURTHER RESOLVED that the Planning Commission recommends that the City Council approve General Plan and Eastern Dublin Specific Plan amendments to change the land use designation for the Project from Public/Semi-Public to Medium Density Residential, including all related tables and maps which will be revised to reflect these changes, based on findings that the amendments are in the public interest and that the General Plan as so amended will remain internally consistent and finding the Project within the scope of the Eastern Dublin EIR and related addenda. PASSED, APPROVED, AND ADOPTED this 27th day of March, 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Planning Manager G:IPA#120111PLPA-2011-00039 Lennar Homes Brannigan GPA EDSPAIKit's DOC commentslpc reso recommending gpa_spa for brannigan_lennar. doc 2 RESOLUTION NO. 12-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING A PLANNED DEVELOPMENT REZONE WITH RELATED STAGE 1 DEVELOPMENT PLAN AMENDMENT AND NEW STAGE 2 DEVELOPMENT PLAN FORA 3-ACRE SITE ON BRANNIGAN STREET NORTH OF GLEASON DRIVE (APN 985-0052-021) PLPA-2011-00039 WHEREAS, Lennar Homes of California, Inc. ("Applicant") submitted applications fora 3- acre site located along the west side of Brannigan Street north of Gleason Drive ("Project Site"). The applications include: 1) General Plan and Eastern Dublin Specific Plan amendments to change the land use from its current designation of Public/Semi-Public to Medium Density Residential; 2) Planned Development Rezoning with related Stage 1 Development Plan Amendment and new Stage 2 Development Plan; 3) Site Development Review (SDR) to construct 19 single-family detached homes; 4) Vesting Tentative Tract Map 8093 to create 19 residential lots; and 5) Development Agreement. The Project Site and the applications are collectively known as the "Project;" and WHEREAS, the Project Site currently is vacant land; and WHEREAS, a CEQA Addendum to prior environmental review documents has been prepared for the Project pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines; and WHEREAS, a Staff Report for the Planning Commission, dated March 27, 2012 and incorporated herein by reference, described and analyzed the CEQA Addendum and the Project, including the proposed Planned Development rezoning with related Stage 1 Development Plan Amendment and the new Stage 2 Development Plan, and recommended approval of the Project; and WHEREAS, on March 27, 2012 the Planning Commission held a properly noticed public hearing on the Project, including the proposed Planned Development rezoning at which time all interested parties had the opportunity to be heard; and WHEREAS, following the public hearing, the Planning Commission recommended that the City Council adopt the CEQA Addendum, and adopt the related General Plan and Specific Plan Amendments for the Project, which resolutions are incorporated herein by reference; and WHEREAS, the Planning Commission considered the CEQA Addendum and prior CEQA documents, and all above-referenced reports, recommendations, and testimony prior to taking any action on the Project. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this resolution. ATTACHMENT 2 BE IT FURTHER RESOLVED that the Dublin Planning Commission recommends that the City Council approve the Ordinance attached as Exhibit A and incorporated herein by reference, based on findings that the PD zoning: a) is consistent with the General Plan and Eastern Dublin Specific Plan as amended by the Project; b) is consistent with the purpose and intent of the Planned Development zoning district; and c) will be harmonious and compatible with existing and potential development in the surrounding area. PASSED, APPROVED, AND ADOPTED this 27th day of March 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Planning Manager G:1PA#120111PLPA-2011-00039 Lennar Homes Brannigan GPA EDSPAIPC Reso-rec PD amend Brannigan.doc ORDINANCE NO. XX -12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ***************************************** ADOPTING A PLANNED DEVELOPMENT REZONE WITH RELATED STAGE DEVELOPMENT PLAN AMENDMENT AND A NEW STAGE 2 DEVELOPMENT PLAN FORA 3-ACRE SITE ON BRANNIGAN STREET NORTH OF GLEASON DRIVE (APN 985-0052-021) PLPA-2011-00039 The City Council of the City of Dublin does ordain as follows: SECTION 1: RECITALS A. On March 21, 2000, the City Council adopted Ordinance 06-00 for Dublin Ranch Areas F, G and H, which Ordinance approved a Planned Development rezoning and related Stage 1 Development Plan for the three areas. The current Brannigan Street Project site is within Area F and is part of a larger 50-acre site that was previously designated for a future high school. Other parts of Area F were designated in the General Plan, Eastern Dublin Specific Plan and Ordinance 06-00 for Medium Density Residential development. The Ordinance 06-00 Stage 1 Development Plan adopted detailed development standards for such development. B. On April 6, 2004, the City Council adopted Ordinance 12-04 for the Dublin Ranch Area F North project, approving a PD-Planned Development rezoning with related Stage 1 Development Plan for reconfiguration of Dublin Ranch Areas F, B and E. The current Brannigan Street Project site remained in Area F and was redesignated for future Public/Semi-Public uses. C. The current Brannigan Street project includes General Plan and Eastern Dublin Specific Plan amendments to change the land use designations from Public/Semi-Public to Medium Density Residential, a Planned Development rezoning and related Stage 1 Development Plan Amendment and new Stage 2 Development Plan fora 19-lot residential development, and related Site Development Review, Vesting Tentative Tract Map and Development Agreement. D. The current Brannigan Street project amends the Stage 1 Development Plan in Ordinance 06-00 to designate the Project site for Medium Density Residential development. The current project also adopts a new Stage 2 Development Plan. SECTION 2: FINDINGS A. Pursuant to Section 8.120.050 of the Dublin Municipal Code, the City Council finds as follows. 1. The proposed Stage 1 Development Plan Amendments and new Stage 2 Development Plan fora 3-acre site along the west side of Brannigan Street north of Gleason Drive (the "Property's will be harmonious and compatible with existing and potential development in surrounding areas because: the proposed zoning amendment for the property from Public/Semi-Public to Medium Density Residential uses would allow development of the Property EXHIBIT A TO ATTACHMENT 2 similar to Medium Density Residential developments on properties to the east and west. 2. The Property is physically suitable for the type and intensity of the Planned Development Zoning District proposed because: 1) it is located adjacent to Medium Density Residential development and areas zoned for that use; 2) The Project will be developed under standards consistent with the standards adopted for the adjacent neighborhoods; 3) the Stage 1 and Stage 2 Development Plans will allow the construction of 19 units which will remain within the permitted General Plan density range of 6.0 to 14.0 units per acre; and 4) the Project will implement all applicable mitigation measures from prior CEQA reviews and all applicable City grading, construction and development ordinances. 3. The proposed Stage 1 Development Plan amendments and new Stage 2 Development Plan for the Property 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 because: 1) development resulting from the proposed zoning amendments to the Property would be subject to development standards previously approved for Medium Density Residential development adopted with Ordinance 06-00 and 12-04, (PA 01-037); 2) development resulting from the proposed zoning amendments to the Property would be subject to Ordinance requirements and Conditions of Approval designed to preserve public health, safety, and welfare; and 3) adequate hillside slope preservation and bio-retention measures will be incorporated to prevent run-off onto adjacent and surrounding developments. 4. The proposed Stage 1 Development Plan amendments and new Stage 2 Development Plan for the Property are consistent with the Dublin General Plan and the Eastern Dublin Specific Plan because: 1) The Property has been designated for Medium Density Residential development under the companion General Plan and Eastern Dublin Specific Plan amendments approved by Resolution XX on XX, 2012; and 2) the requested zoning is consistent with this land use. B. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as follows. The proposed Stage 1 Development Plan amendments and new Stage 2 Development Plan for the Property meet the purpose and intent of Chapter 8.32 Planned Development Zoning District of the Dublin Zoning Ordinance because: 1) the proposed project is consistent with the intent of the General Plan and Eastern Dublin Specific Plan designations for Medium Density Residential development approved by Resolution XX on XX, 2012; and 2) the proposed project complies with purposes stated in Section 8.32.010 of the Dublin Zoning Ordinance by coordinating future development of the Project site with similar existing residential development in neighboring areas. 2 2. Development under the Planned District Development Plan will be harmonious and compatible with existing and future development in the surrounding area because: 1) the proposed zoning amendments to the Property from Public/Semi-Public to Medium Density Residential would allow development of the Property similar to existing Medium Density Residential development to the east and west of the site; and 2) adequate hillside slope preservation and bio- retention measures will be incorporated to prevent run-off onto adjacent and surrounding developments. C. The City Council approved a CEQA Addendum for the Project, including the proposed PD rezoning, by Resolution XX on XX, 2012, which resolution is incorporated herein by reference. SECTION 3. ZONING MAP AMENDMENT Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code the City of Dublin Zoning Map is amended to rezone the Brannigan Street property, as described and shown below, to the PD-Planned Development zoning district The 3-acre Property generally located along the west side of Brannigan Street north of Gleason Drive (APN 985-0052-021). A map of the rezoning area is shown below: ~_ __ ~ -- GE(NtGF:TGW'N CIRCLE 1 1 1 1 1 ... __ . ,..-.- I 1 e ~ F1~'F11dA.P 9651 rc !,t 5s-sd 1 1 14 18 I7 16 15 14 - 1 1 :1 IhN.~ r k1'SN't _ -- -- st~es +o E 'nzr-6 1 u.,+ u.,a .I I I i ~:.`. I Cam: U,T C'?!r, CJ~'\ f~ C]6 ' 1 +{ ~, 1 8 4 10 11 12 13 ' ~ ~'. ''; 1 i x. CIRCLF.'A` ~ I I I,., ~ '.4ti:'_1 M4f 8451 ~.l3~ 1 7J-. V 5'. c.c I; 7 ~6 5 4 a 3 2 1 I 1 ~ 1 v ~~ 1 ^ , 1 RRAh?IKiAN ti7REF.T j -- rrae? ~2az ~ I f I r¢:.cT rzae ~~ ?99 4 70 D5 ~ 289 N Y6-Ei 1 SECTION 4. APPROVAL OF STAGE 1 DEVELOPMENT PLAN AMENDMENT AND OF NEW STAGE 2 DEVELOPMENT PLAN. The regulations for the use, development, improvement, and maintenance of the Property are set forth in the following Stage 1 Development Plan Amendment and new Stage 2 Development Plan for the project area, which are hereby approved. Any amendments to the Stage 1 and Stage 2 Development Plans shall be in accordance with section 8.32.080 of the Dublin Municipal Code or its successors. A separately bound document titled "Brannigan" (hereafter, "Application booklet") submitted as part of the Project applications and dated March 13, 2012, is incorporated herein by reference and on file in the Dublin Community Development Department. Stage 1 Development Plan Amendment 1. Ordinance 06-00. The Stage 1 Development Plan in Ordinance 06-00 is hereby amended to designate the Project site as Medium Density Residential. Other provisions of the Stage 1 Development Plan are amended in accordance with the following. a. Statement of proposed uses. All uses permitted, conditional, accessory, and temporary for PD Medium Density Residential approved by Ordinance 06-00 are applicable to this property. b. Stage 1 site plan. As shown in Application booklet (Sheet AP8). c. Site area, proposed densities. Site area as shown in Application booklet (AP8). Maximum 19 residential units/lots permitted. d. Phasing plan. The project shall be developed in a single phase. e. Master Neighborhood Landscaping Plan. As shown in Application booklet (Sheet L-1). f. General plan and specific plan consistency. The PD zoning is consistent with the General Plan and Eastern Dublin Specific Plan, as amended by Resolution XX adopted XX, 2012. g. Inclusionary zoning regulations. The Project at 19 units is not subject to the Inclusionary Zoning Regulations. h. Aerial photo. As shown in Application booklet (Sheet AP3). Stage 2 Development Plan 1. Statement of compatibility with Stage 1 Development Plan: The Stage 2 Development Plan is compatible with the Stage 1 Development Plan Amendment, and all applicable provisions for development of a Medium Density Residential subdivision of 19 lots. 4 2. Permitted Uses: All uses permitted, conditional, accessory, and temporary for PD Medium Density Residential approved by Ordinance 06-00 are applicable to this property. 3. Stage 2 Site Plan: As shown in Application booklet (Sheet AP9). 4. Site area, proposed densities: Site area as shown in Application booklet. Maximum 19 residential units/lots permitted (AP7). 5. Development Standards: As shown below. Standards Medium Density Single Family Detached (Area F1) Lot Size: Minimum 3,150 sf Lot Size 3,150 sf Minimum Street Frontage 35 feet Maximum Lot Coverage 50% Maximum Building Height 38 feet Maximum Stories 3 Minimum Front Yard Setbacks to living area 12 feet to porch 10 feet front of garage 18 feet Minimum Side Yard Setback 2 story to 2 story 4 feet minimum corner lot (setback from side street) 9 feet Minimum Rear Yard Setback Living Space 12 feet average, 5 feet minimum Usable Rear Yards 300 sf contiguous flat area minimum 5 feet minimum dimension Parking Spaces Required 2 covered, 1 guest 6. Architectural standards: As shown in Application booklet (Sheets Al through A25). 7. Preliminary Landscaping Plan: Refer to Stage 2 Conceptual Landscaping Plan in Application booklet (Sheet L-1 ). 8. Inclusionary Zoning Ordinance: Development of the Project Site is not subject to the City's Inclusionary Housing requirements as it is less than 20 units. SECTION 5. Other Zoning ReQUlations. Pursuant to the Dublin Zoning Ordinance, section 8.32.060.C, the use, development, improvement, and maintenance of the Project area shall be governed by the provisions of the closest comparable zoning district as determined by the Community Development Director and of the Dublin Zoning Ordinance except as provided in the Stage 1 Amended/Stage 2 Development Plans. Except as specifically modified by the PD District Rezone, all applicable and general requirements of the Dublin Zoning Ordinance shall be applied to this PD District. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED BY the City Council of the City of Dublin, on this day of , 2012, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:IPA#120111PLPA-2011-00039 Lennar Homes Brannigan GPA EDSPAVCit's DOC commentslcc ordinance approving pd for brannigan Iennar.DOC 6 RESOLUTION NO. 12- XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A SITE DEVELOPMENT REVIEW PERMIT AND VESTING TENTATIVE TRACT MAP 8093 FOR 19 SINGLE-FAMILY DETACHED UNITS FOR A 3-ACRE SITE LOCATED ALONG THE WEST SIDE OF BRANNIGAN STREET NORTH OF GLEASON DRIVE (APN 985-0052-021) PLPA-2011-00039 WHEREAS, the Applicant, Lennar Homes of California, Inc. submitted applications for a 3-acre site ("Project Site") located along the west side of Brannigan Street north of Gleason Drive within the Eastern Dublin Specific Plan; and WHEREAS, the applications include: 1) General Plan and Eastern Dublin Specific Plan amendments to change the land use from its current designation of Public/Semi-Public to Medium Density Residential, and 2) Planned Development rezoning with related a Stage 1 Development Plan Amendment and a new Stage 2 Development Plan; and WHEREAS, the applications also include: a) Site Development Review (SDR); and b) Vesting Tentative Tract Map 8093 for 19 single-family detached residential units/lots within the Project Site; and WHEREAS, the applications collectively define this "Project" and are available and on file in the Community Development Department; and WHEREAS, the Project site is vacant land that has been rough graded in connection with prior approvals; and WHEREAS, a CEQA Addendum to prior environmental review documents has been prepared for the Project pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines; and WHEREAS, on March 27, 2012, the Planning Commission held a public hearing recommended that the City Council adopt the CEQA Addendum and adopt General Plan and Eastern Dublin Specific Plan Amendments for the project as stated above from Public/Semi- Public to Medium Density Residential, and recommended that the City Council adopt a Planned Development (PD) rezoning with related Stage 1 Development Plan Amendments and a new Stage 2 Development Plan to guide development of the proposed residential project; and WHEREAS, the 19 lots that comprise the Project Site are identified as Lots 1 through 19 of Vesting Tentative Tract Map 8093; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and ATTACHMENT 3 WHEREAS, a Staff Report was submitted recommending that the Planning Commission approve the Site Development Review and Vesting Tentative Tract Map 8093; and WHEREAS, the Planning Commission did hold a public hearing on said applications on March 27, 2012, for this project at which time all interested parties had the opportunity to be heard; and WHEREAS, the Planning Commission did hear and use independent judgment and considered the CEQA Addendum and prior CEQA documents, all said reports, recommendations, and testimony prior to taking any action on the Project. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Dublin does hereby make the following findings and determinations regarding said proposed Site Development Review for 19 lots of Vesting Tentative Tract Map 8093 along the west side of Brannigan Street north of Gleason Drive: 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 the area 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 Medium Density Residential; and 4) the project complies with the development standards established in the Stage 2 Development Plan Ordinance. 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 neighborhood subdivision mapping and blends well with the surrounding properties; and 2) the project complies with the development regulations set forth in the applicable PD Ordinance. C. The design of the project is appropriate to the City, the vicinity, surrounding properties, and the lot in which the project is proposed because: 1) the project augments available housing 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; and 3) the project will provide a more complete street scene. D. The subject site is physically suitable for the type and intensity of the approved development because: the proposed homes to be developed on the property meet all of the development standards established to regulate development in the neighborhood overall as referenced in the approved Stage 2 Development Plan. E. Impacts to existing slopes and topographic features are addressed because: 1) the infrastructure in the area is under construction including streets and utilities pursuant to prior approvals; 2) the project site will be graded in accordance with the related Vesting Tentative Tract Map for the Project Site; and 3) retaining walls will be constructed to establish the required lot size and building envelope. 2 F. Architectural considerations including the character; scale and quality of the design, site layout, fhe 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 development will be similar to homes already constructed in the general vicinity; 2) the proposed houses will utilize three (3) architectural styles and development regulations similar to existing homes in the area; 3) the materials referenced in the style guidelines will be consistent; and 4) the color and materials proposed will match the colors and material being utilized on homes existing 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 are proposed for construction in accordance with the PD zoning for the Project; and 2) the project front yard landscaping and sideyard fencing is consistent with other developments in the vicinity and conform to the requirements of the Stage 2 Development Plan and the Water Efficient Landscape Ordinance. 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, and streetlighting are proposed for construction in accordance with the PD zoning for the Project; and 2) development of this project will conform to the major improvements already installed allowing residents the safe and efficient use of these facilities. BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin does hereby make the following findings and determinations regarding Vesting Tentative Tract Map 8093: Vesting Tentative Tract Map 8093 A. The proposed Vesting Tentative Tract Map 8093 is consistent with the intent of applicable subdivision regulations and related ordinances addressing the Project site. B. The design and improvements of the proposed Vesting Tentative Tract Map 8093 are consistent with the General Plan and the Eastern Dublin Specific Plan, as amended to allow medium density residential development and are consistent with adjacent residential neighborhoods designated for this same type of development. C. The proposed Vesting Tentative Tract Map 8093 is consistent with the Planned Development zoning approved for the Project through Ordinance XX-12 and therefore consistent with the City of Dublin Zoning Ordinance. D. The properties created by the proposed Vesting Tentative Tract Map 8093 will have adequate access to major constructed or planned improvements as part of Dublin Ranch project-related approvals. 3 E. Project design, architecture, and concept have been integrated with topography of the project site created by the proposed Vesting Tentative Tract Map 8093 to minimize overgrading and extensive use of retaining walls. Therefore, the proposed subdivision is physically suitable for the type and intensity of development proposed. F. The Mitigation Measures and the Mitigation Monitoring programs adopted with the program EIR for the Eastern Dublin Specific Plan and the 2000 Area F Mitigated Negative Declaration (MND) would be applicable as appropriate for addressing or mitigating any potential environmental impacts of developing the Project and Project site, as documented in the approved CEQA Addendum. G. The proposed Vesting Tentative Tract Map 8093 will not result in environmental damage or substantially injure fish or wildlife or their habitat or cause public health concerns. H. The design of the subdivision will not conflict with easements, acquired by the public at large, or access through or use of property within the proposed subdivision. The City Engineer has reviewed the map and title report and has not found any conflicting easements of this nature. BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin does hereby approve the Site Development Review for the proposed project of 19 detached single family residential units within the project of a 3-acre site on Brannigan Street north of Gleason Drive, as shown on plans prepared by SDG Architecture + Engineering and HLD Group Landscape Architecture dated received March 13, 2012 subject to the conditions included below. BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin does hereby approve Vesting Tentative Tract Map 8093 for 19 single family detached residential lots within the project of a 3-acre site on Brannigan Street north of Gleason Drive prepared by SDG Architecture + Engineering and HLD Group Landscape Architecture dated received March 13, 2012 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 subiect to Planning Department review and approval. The followinu codes represent those departments/agencies responsible _for monitoring compliance of the conditions of approval. fPL.I Planning, fBl Building, fPO1 Police, jPWI Public Works fP&CSl Parks & Community Services, fADMI Administration/City Attorney, fFINI Finance, fFl Alameda County Fire Department, fDSRI Dublin San Ramon Services District, [COl Alameda County Department of Environmental Health, fZ71 Zone 7. NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: PLANNING DIVISION 11. I Approval. This Site Development Review approval is ( ~'~ I tin going 5tanaara for the construction of 19 Single-Family detached NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: residential units on approximately 3 acres within Vesting Tentative Tract Map 8093. This approval shall be as generally depicted and indicated on the plans prepared SDG Architecture + Engineering and HLD Group Landscape Architecture dated received March 13, 2012 on file in the Community Development Department, and as specified by the following Conditions of Approval for this project and subject to City Council approval of the related CEQA Addendum, General Plan and Eastern Dublin Specific Plan amendments, and Planned Development rezoning with related Stage 1 Development Plan amendment and new Stage 2 Development Plan becoming effective. 2. Time Extension. The original approving decision- PL One year Standard maker may, upon the Applicant's written request for following an extension of approval prior to expiration, and upon approval date the determination that any Conditions of Approval remain adequate to assure that applicable findings of approval will continue to be met, grant a time extension of approval for a period not to exceed six (6) months. All time extension requests shall be noticed and a public hearing or public meeting shall be held as re uired b the articular Permit. 3. Effective Date. This Site Development Review PL On going Standard approval becomes effective 10 days after action by the Planning Commission and subject to City Council approval of the related CEQA Addendum, General Plan and Eastern Dublin Specific Plan amendments, and Planned Development rezoning with related Stage 1 Development Plan amendment and new Sta e 2 Develo ment Plan becomin effective. 4. Permit Expiration: Construction or use shall PL One year from Standard commence within one (1) year of Site Development approval Review (SDR) approval, or the SDR shall lapse and become null and 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. NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: 5. Revocation of permit. The permit shall be revocable PL On going Standard for cause in accordance with Chapter 8.96 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this ermit shall be sub'ect to citation. 6. Required Permits. Applicant/Developer shall comply PL, PW Issuance of Standard with the City of Dublin Zoning Ordinance and obtain all Building necessary permits required by other agencies Permits (Alameda 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 co ies of the ermits to the Public Works De artment. 7. Requirements and Standard Conditions. The Various Issuance of Standard Applicant/Developer shall comply with applicable Building Alameda County Fire, Dublin Public Works Permits Department, Dublin Building Department, Dublin Police Services, Alameda County Flood Control District Zone 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Department of Health Services requirements and standard conditions. Prior to issuance of building permits or the installation of any improvements related to this project, the Developer shall supply written statements from each such agency or department to the Planning Department, indicating that all applicable conditions required have been or will be met. 8. Modifications: The Community Development PL On-going Standard Director 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. 9. Satellite Dishes: The Applicant/Developer's Architect PL Issuance of Project shall prepare a plan for review and approval by the building permit Specific Director of Community Development and the Building Official that 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 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: placement to eliminate the over proliferation, ha hazard and irre ular lacement. 10. Indemnification: The Applicant/Developer shall PL, B On going Standard defend, indemnify, and hold harmless the City of Dublin and its agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that The Applicant/Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying The Applicant/Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or roceedin s. 11. Retaining Walls: The Applicant/Developer shall PL Issuance of Project indicate on the plot plans, with dimensions, the building permit Specific precise location of the point on the side yard retaining walls where the wall material will 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 approved Development Plans. 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 Develo ment Plans. 12. Clean up. The Applicant/Developer shall be PL On going Standard responsible for clean-up and disposal of project related trash and for maintaining a clean, litter-free site. 13. Controlling Activities. The Applicant /Developer PO, PL On going Standard shall control all activities on the project site so as not to create a nuisance to the surroundin residences. NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: 14. Noise/Nuisances. No loudspeakers or amplified PO, PL On going Standard music shall be permitted to project or be placed outside of the residential buildin s durin construction. 15. Accessory Structures. The use of any accessory PL, B, F On going Standard structures, such as storage sheds or trailer/container units used for storage or for any other purpose during construction, shall not be allowed on the site at any time unless a Temporary Use Permit is applied for and a roved. 16. Final building and site development plans shall be PL Issuance of Project reviewed and approved by the Community building permit Specific Development Department staff prior to the issuance of a building 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 st le and in materials in harmon with the exterior NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: 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. 17. Fees. The Applicant/Developer shall pay all PW Zone 7 and Standard applicable fees in effect at the time of building permit Parkland In- issuance including, but not limited to, Planning fees, Lieu Fees Due Building fees, Dublin San Ramon Services District Prior to Filing fees, Public Facilities fees, Dublin Unified School Each Final District School Impact fees, Public Works Traffic Map; Other Impact fees, City of Dublin Fire Services fees, Noise Fees Required Mitigation fees, Inclusionary Housing In-Lieu fees, with Issuance Alameda County Flood and Water Conservation of Building District (Zone 7) Drainage and Water Connection Permits fees, and any other fees either in effect at the time and/or as noted in the Develo ment A reement. 18. Final landscape plans, irrigation system plans, tree PL Issuance of Standard preservation techniques, and guarantees, shall be building permit reviewed and approved by the Dublin Planning Division 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 curbin is to be used at the ed es NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: of all planters and paving surfaces where applicable. f. That all cut and fill slopes conform to the 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 permitted under them that will cause soil compaction 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. 19. 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. 20. Landscape Plans. Civil Improvement Plans, Joint Trench Plans, Street Lighting Plans and Landscape Improvement Plans shall be submitted on the same size sheet and plotted at the same drawing scale for consistency, improved legibility and interdisci lina coordination. 21. Utilities. Utilities shall be coordinated with proposed tree placements to eliminate conflicts between trees and utilities. Utilities may have to be relocated in order to provide the required separation between the trees and utilities. 22. Chapter 8.72 The Applicant shall work with staff during the preparation of construction documents to refine the landsca a desi n so that it meets the intent ~o NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: of Chapter 8.72 of the Dublin Municipal Code and so that trees can be incorporated into the design as shown on the Prelimina Landsca a Plan. 23. Open Space Areas. The open space area shall be planted and irrigated to create landscape that is attractive, conserves water, and requires minimal maintenance. . 24. Brannigan Streetscape Planting. The streetscape planting along Brannigan Street shall be consistent with the planting design across the street so that they are visual) com atible. 25. Plant Clearances. All trees planted shall meet the following clearances: a. 6' from the face of house walls or roof eaves. b. 7' from fire hydrants, storm drains, sanitary sewers and/or gas lines. c. 5' from top of wing of driveways, mailboxes, water, telephone and/or electrical mains d. 15' from stop signs, street or curb sign returns. e. 15' from either side of street li hts. 26. Irrigation System Warranty. The applicant shall warranty the irrigation system and planting for a period of one year from the date of installation. The applicant shall submit for the Dublin Community Development Department approval a landscape maintenance plan for the Common Area landscape including a reasonable estimate of expenses for the first five ears. 27. Walls and Fences. Applicant shall work with staff to prepare a fencing and wall plan that is consistent with Dublin Munici al Code and ad'acent subdivisions. 28. Masonry Wall Caps. The design of masonry walls shall be consistent with the Dublin Ranch standard with recast concrete ca s. 29. 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 shearing or summer water once established. 30. Plotting: The Site Development Review allows any of PL Issuance of Project the two floor plans in the materials referenced in building Specific Condition #1 to be constructed on any of the lots permits within the Project site, sub'ect to limitations as follows: NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: ^ Individual floor plans may be placed next to each other. However, only two of the same individual floor plans may be plotted next to each other without being interrupted by a different floor plan. ^ In no case will the same architectural elevation or color scheme be allowed next to or across the street from each other, unless they are a different individual floor plan. PUB LIC WORKS 31. General Public Works Conditions of Approval: PW On going Standard Developer shall comply with the City of Dublin General C of A Public Works Conditions of Approval unless s ecificall modified b these Conditions of A royal. 32. Development Agreement: A Development PW Final Map Standard Agreement between the City of Dublin and the C of A Develo er shall be recorded. 33. Street Lighting Maintenance Assessment District: PW Final Map Standard The Developer shall request the area to be annexed C of A into a subzone of the Citywide Street Lighting Maintenance Assessment District and shall provide any exhibits required for the annexation. In addition Developer shall pay all administrative costs associated with rocessin the annexation. 34. Ownership and Maintenance of Improvements: PW Final Map and Project Ownership, dedications on final map, and On going Specific maintenance of street right-of-ways, common area parcels, and open space areas shall be by the City of Dublin and the Homeowner's Association, as shown on the Ownership and Maintenance Responsibility Exhibit, Vesting Tentative Tract Map 8093, Brannigan Street, prepared by Carlson- Barbee-Gibson, Inc., dated November 30, 2011, except that the plans shall be modified to show the planter strip landscaping and irrigation on Brannigan Street to be owned and maintained b the Homeowner's Association. 35. Covenants, Conditions and Restrictions (CC&Rs). PW Final Map Standard Covenants, Conditions and Restrictions (CC&Rs). A C of A Homeowners Association shall be formed by recordation of a declaration of Covenants, Conditions, and Restrictions to govern use and maintenance of the landscape features within the public right of way contained in the Agreement for Long Term Encroachments and the frontage landscaping along Branni an Street. Said declaration shall set forth the ~a NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: Association name, bylaws, rules and regulations. The CC&Rs shall ensure that there is adequate provision for the maintenance, in good repair and on a regular basis, of the landscaping & irrigation, decorative pavements, median islands, fences, walls, drainage, lighting, signs and other related improvements. The CC&Rs shall also contain all other items required by these conditions. The Developer shall submit a copy of the CC&R document to the City for review and a royal. 36. Long Term Encroachment Agreement: The PW Final Map Project Developer shall enter into an "Agreement for Long Specific Term Encroachments" with the City to allow the HOA to maintain the landscape and decorative features within public Right of Way including frontage & median landscaping, decorative pavements and special features (i.e., walls, portals, benches, etc.) as generally shown on Site Development Review exhibits referenced in Condition #1. The Agreement shall identify the ownership of the special features and maintenance responsibilities. The Homeowner's Association will be responsible for maintaining the surface of all decorative pavements including restoration re uired as the result of utilit re airs. 37. Public Streets: Developer shall construct street PW Final Map Standard frontage improvements for Brannigan Street as shown C of A on the Tentative Map, to the satisfaction of the City Engineer. Striping shall be as shown on the Tentative Ma and as a roved b the Cit Traffic En ineer. 38. Brannigan Street Off-Site Improvements: The PW Final Map Project Developer shall be responsible for the completion of Specific street frontage improvements on the west side of Brannigan Street from the southerly boundary of the project to Brannigan Street's intersection with Gleason Drive. Improvements shall consist of widening the street to match the improvements on the portion of Brannigan Street fronting the Project site (56' curb face to curb face), as well as constructing the ultimate curb return for the northwestern portion of the Brannigan Street/Gleason Drive intersection. Improvements shall include grading as needed, full pavement structural section, concrete curb and gutter, a 6' temporary asphalt concrete walkway (including a connection to the existing walkway on Gleason Drive), and an accessible curb ramp with domes at the intersection. The existin edestrian ush button ole 13 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: at the intersection shall be relocated behind the new curb face. A drainage inlet shall be installed at the northerly end of the curb return, and pipe installed to tie the inlet to the existing system, unless the need for the inlet is waived by the City Engineer during final desi n. 39. Joint Trench: The developer shall complete the PW Final Map Project installation of the joint trench along the Brannigan Specific Street as needed. 40. Storm Drain Treatment Measures: The developer PW Final Map Project shall install storm drain treatment measures that Specific comply with Section C.10 of the Municipal Regional Permit for Stormwater with regards to trash capture. The location and type of measures shall be approved by the City Engineer. Measures located on-site shall be maintained by the HOA; measures located within the public right-of-way and that accept public street runoff will be maintained b the Cit . 41. Internal Streets: The internal street layout shall be PW Final Map modified to provide a pedestrian connection with ramps and striping across Circle "A" connecting the walkwa s south of Lots 7 and 8. 42. Existing Access Easement: The existing access PW Final Map easement along the northerly property line shall be quitclaimed by the adjoining owner prior to filing the Final Ma . 43. On-site Storm Drain: A storm drain inlet shall be Final Map provided at the northeast corner of the Brodie Way/ Circle "A" intersection to prevent runoff from draining across the intersection or draining across Brodie Way/ Branni an Street intersection, 44. Fallon Road/ I-580 Interchange Improvement PW Final Map Project Contribution: The developer shall pay a fair share Specific portion of costs advanced by the Lin Family for improvements to the Fallon Road/ I-580 Interchange. The advance will be payable at the time of filing of the first final map. The amount shall be calculated against the then-outstanding balance as of the first final map. City will provide a credit to developers in the amount of developer's advance to be used by developer against payment of Section 2 obligations of the Eastern Dublin Traffic Impact Fee ("TIF"). In accordance with the City's TIF Guidelines (Reso. 20- 07), establishment of the credit shall require the payment of an administrative fee. The use of credits includin limitations on the use of credits and 14 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: manner of conversion of the credit to a right of reimbursement will be as set forth in the City's TIF Guidelines, subject to the following provisions: (a) the credit shall be granted at the time Developer makes the advance required by this condition; and (b) the credit may be used only to satisfy Section 2 TIF obli ations. 45. Traffic Impact Fees: The developer shall be PW Issuance of Standard responsible for payment of the Eastern Dublin Traffic Building C of A Impact Fee (Sections 1 and 2), the Eastern Dublin I- Permits 580 Interchange Fee, and the Tri-Valley Transportation Development Fee. Fees will be a able at issuance of buildin ermits. 46. Eastern Dublin Traffic Impact Fee Minimum PW Issuance of Standard Payment: The developer shall be responsible for Building C of A payment of a minimum portion of the Eastern Dublin Permits Traffic Impact Fee in cash (11 % Category 1 and 25% of Category 2), as specified in the resolution establishing the Eastern Dublin Traffic Impact Fee. These minimum cash payment shall be in addition to any other payment noted in these conditions and may not be offset b fee credits. PUB LIC WORKS GENERAL CONDITIONS OF APPROVAL FOR TRACT MAP 8093 47. The Developer shall comply with the Subdivision Map PW On going Standard Act, the City of Dublin Subdivision, and Grading C of A Ordinances, the City of Dublin Public Works Standards and Policies, the most current requirements of the State Code Title 24 and the Americans with Disabilities Act with regard to accessibility, and all building and fire codes and ordinances in effect at the time of building permit. All public improvements constructed by Developer and to be dedicated to the City are hereby identified as "public works" under Labor Code section 1771. Accordingly, Developer, in constructing such improvements, shall comply with the Prevailing Wage Law (Labor Code. Sects. 1720 and followin 48. The Developer shall defend, indemnify, and hold PW On going Standard harmless the City of Dublin and its agents, officers, C of A and employees from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or an other de artment, committee, or is NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: agency of the City related to this project (Tract 8093) 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. 49. In the event that there needs to be clarification to PW On going Standard these Conditions of Approval, the Director of C of A Community Development and the City Engineer have the authority to clarify the intent of these Conditions of Approval to the Developer without going to a public hearing. The Director of Community Development and the City Engineer also have the authority to make minor modifications to these conditions without going to a public hearing in order for the Developer to fulfill needed improvements or mitigations resulting from im acts of this ro~ect. AGR EEMENTS AND BONDS 50. The Developer shall enter into a Tract Improvement PW First Final Map Standard Agreement with the City for all public improvements and C of A including any required offsite storm drainage or Successive roadway improvements that are needed to serve the Maps Tract that have not been bonded with another Tract Im rovement A reement. 51. The Developer shall provide performance (100%), and PW First Final Map Standard labor & material (100%) securities to guarantee the and C of A tract improvements, approved by the City Engineer, Successive prior to execution of the Tract Improvement Maps Agreement and approval of the Final Map. (Note: Upon acceptance of the improvements, the performance security may be replaced with a maintenance bond that is 25% of the value of the erformance securit . FEES 52. The Developer shall pay all applicable fees in effect at PW Zone 7 and Standard the time of building permit issuance including, but not Parkland In- C of A limited to, Planning fees, Building fees, Dublin San Lieu Fees Due Ramon Services District fees, Public Facilities fees, Prior to Filing Dublin Unified School District School Impact fees, Each Final Public Works Traffic Impact fees, Alameda County Map; Other Fire Services fees; Noise Mitigation fees, Inclusionary Fees Required Housing In-Lieu fees; Alameda County Flood and with Issuance Water Conservation District Zone 7 Draina a and of Buildin 16 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: Water Connection fees; and any other fees either in Permits effect at the time and/or as noted in the Development A reement. 53. The Developer shall dedicate parkland or pay in-lieu PW Each Final Map Standard fees in the amounts and at the times set forth in City C of A of Dublin Resolution No. 214-02, or in any resolution revising these amounts.- and as implemented by the Administrative Guidelines adopted by Resolution 195- 99. PER MITS 54. Developer shall obtain an Encroachment Permit from PW Start of Work Standard the Public Works Department for all construction C of A activity within the public right-of-way of any street where the City has accepted the improvements. The encroachment permit may require surety for slurry seal and restriping. At the discretion of the City Engineer an encroachment for work specifically included in an Improvement Agreement may not be re uired. 55. Developer shall obtain aGrading / Sitework Permit PW Start of Work Standard from the Public Works Department for all grading and C of A private site improvements that serves more than one lot or residential condominium unit. 56. Developer shall obtain all permits required by other PW Start of Work Standard agencies including, but not limited to Alameda County C of A Flood Control and Water Conservation District Zone 7, California Department of Fish and Game, Army Corps of Engineers, Regional Water Quality Control Board, Caltrans and provide copies of the permits to the Public Works De artment. SUB MITTALS 57. All submittals of plans and Final Maps shall comply PW Approval of Standard with the requirements of the "City of Dublin Public Improvement C of A Works Department Improvement Plan Submittal Plans or Final Requirements", and the "City of Dublin Improvement Map Plan Review Check List". 58. The Developer will be responsible for submittals and PW Approval of Standard reviews to obtain the approvals of all participating non- Improvement C of A City agencies. The Alameda County Fire Department Plans or Final and the Dublin San Ramon Services District shall Map approve and sign the Improvement Plans. 59. Developer shall submit a Geotechnical Report, which PW Approval of Standard includes street pavement sections and grading Improvement C of A recommendations. Plans, Gradin NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: Plans, or Final Map 60. Developer shall provide the Public Works Department PW Acceptance of Standard a digital vectorized file of the "master" files for the Improvements C of A project when the Finai Map has been approved. and Release of Digital raster copies are not acceptable. The digital Bonds vectorized files shall be in AutoCAD 14 or higher drawing format. Drawing units shall be decimal with the precision of the Final Map. All objects and entities in layers shall be colored by layer and named in English. All submitted drawings shall use the Global Coordinate System of USA, California, NAD 83 California State Plane, Zone III, and U.S. foot. EAS EMENTS 61. The Developer shall obtain abandonment from all PW Approval of Standard applicable public agencies of existing easements and Improvement C of A right of ways within the development that will no longer Plans or be used. Appropriate Final Map 62. The Developer shall acquire easements, and/or obtain PW Approval of Standard rights-of-entry from the adjacent property owners for Improvement C of A any improvements on their property. The easements Plans or and/or rights-of-entry shall be in writing and copies Appropriate furnished to the Cit En ineer. Final Map GRA DING 63. The Grading Plan shall be in conformance with the PW Prior to Standard recommendations of the Geotechnical Report, the Approval of C of A approved Tentative Map and/or Site Development Grading Plans Review, and the City design standards & ordinances. or Issuance of In case of conflict between the soil engineer's Grading recommendations and City ordinances, the City Permits, and En ineer shall determine which shall a I On oin 64. A detailed Erosion Control Plan shall be included with PW Approval of Standard the Grading Plan approval. The plan shall include Grading Plans C of A detailed design, location, and maintenance criteria of or Issuance of all erosion and sedimentation control measures. Grading Permits, and On oin 65. Tiebacks or structural fabric for retaining walls shall PW Approval of Standard not cross property lines, or shall be located a Grading Plans or C of A minimum of 2' below the finished grade of the upper Issuance of lot. Grading Permits, and On oin 66. Bank slopes along public streets shall be no steeper PW Approval of Standard than 3:1 unless shown otherwise on the Tentative Gradin Plans C of A ~s NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: Map Grading Plan exhibits. The toe of any slope or Issuance of along public streets shall be one foot back of walkway. Grading The top of any slope along public streets shall be Permits, and three feet back of walkway. Minor exception may be On going made in the above slope design criteria to meet unforeseen design constraints subject to the approval of the Cit En ineer. IMPROVEMENTS 67. The public improvements shall be constructed PW Approval of Standard generally as shown on the Tentative Map and/or Site Improvement C of A Development Review. However, the approval of the Plans or Start Tentative Map and/or Site Development Review is not of an approval of the specific design of the drainage, Construction, sanita sewer, water, and street im rovements. and On oin 68. All public improvements shall conform to the City of PW Approval of Standard Dublin Standard Plans and design requirements and Improvement C of A as approved by the City Engineer. Plans or Start of Construction, and On oin 69. Public streets shall be at a minimum 1 % slope with PW Approval of Standard minimum gutter flow of 0.7% around bumpouts. Improvement C of A Private streets and alleys shall be at minimum 0.5% Plans or Start slope. of Construction, and On oin 70. Curb Returns on arterial and collector streets shall be PW Approval of Standard 40-foot radius, all internal public streets curb returns Improvement C of A shall be 30-foot radius (36-foot with bump outs) and Plans or Start private streets/alleys shall be a minimum 20-foot of radius, or as approved by the City Engineer. Curb Construction, ramp locations and design shall conform to the most and On going current Title 24 and Americans with Disabilities Act requirements and as approved by the City Traffic En ineer. 71. The Developer shall install all traffic signs and PW Occupancy of Standard pavement marking as required by the City Engineer. Units or C of A Acceptance of Im rovements 72. Street light standards and luminaries shall be PW Occupancy of Standard designed and installed per approval of the City Units or C of A Engineer. The maximum voltage drop for streetlights Acceptance of is 5%. Improvements 73. All new traffic signals shall be interconnected with PW Occupancy of Standard other new si nals within the develo ment and to the Units or C of A 19 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: existing City traffic signal system by hard wire. Acceptance of Im rovements 74. The Developer shall construct bus stops and shelters PW Occupancy of Standard at the locations designated and approved by the Units or C of A LAVTA and the City Engineer. The Developer shall Acceptance of pay the cost of procuring and installing these Improvements im rovements. 75. Developer shall construct all potable and recycled PW Occupancy of Standard water and sanitary sewer facilities required to serve Units or C of A the project in accordance with DSRSD master plans, Acceptance of standards, s ecifications and re uirements. Im rovements 76. Fire hydrant locations shall be approved by the PW Occupancy of Standard Alameda County Fire Department. A raised reflector Units or C of A blue traffic marker shall be installed in the street Acceptance of 0 osite each h drant. Im rovements 77. The Developer shall furnish and install street name PW Occupancy of Standard signs for the project to the satisfaction of the City Units or C of A Engineer. Acceptance of Im rovements 78. Developer shall construct gas, electric, cable TV and PW Occupancy of Standard communication improvements within the fronting Units or C of A streets and as necessary to serve the project and the Acceptance of future adjacent parcels as approved by the City Improvements En ineer and the various Public Utilit a encies. 79. All electrical, gas, telephone, and Cable TV utilities, PW Occupancy of Standard shall be underground in accordance with the City Units or C of A policies and ordinances. All utilities shall be located Acceptance of and provided within public utility easements and sized Improvements to meet utilit com an standards. 80. All utility vaults, boxes and structures, unless PW Occupancy of Standard specifically approved otherwise by the City Engineer, Units or C of A shall be underground and placed in landscape areas Acceptance of and screened from public view. Prior to Joint Trench Improvements Plan approval, landscape drawings shall be submitted to the City showing the location of all utility vaults, boxes and structures and adjacent landscape features and plantings. The Joint Trench Plans shall be signed by the City Engineer prior to construction of the joint trench im rovements. CON STRUCTION 81. The Erosion Control Plan shall be implemented PW On going as Standard between October 15th and April 15th unless otherwise Needed C of A allowed in writing by the City Engineer. The Developer will be responsible for maintaining erosion and sediment control measures for one ear followin the ao NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: Cit 's acceptance of the subdivision im rovements. 82. If archaeological materials are encountered during PW On going as 1993 construction, construction within 30 feet of these Needed EDEIR materials shall be halted until a professional MM Archaeologist who is certified by the Society of California Archaeology (SCA) or the Society of Professional Archaeology (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation measures. 83. Construction activities, including the maintenance and PW On going as Standard warming of equipment, shall be limited to Monday Needed C of A through Friday, and non-City holidays, between the hours of 7:30 a.m. and 5:30 p.m. except as otherwise approved by the City Engineer. Extended hours or Saturday work will be considered by the City Engineer on a case-b -case basis. 84. Developer shall prepare a construction noise PW Start of Standard management plan that identifies measures to be taken Construction C of A to minimize construction noise on surrounding Implementation developed properties. The plan shall include hours of On going as construction operation, use of mufflers on construction Needed equipment, speed limit for construction traffic, haul routes and identify a noise monitor. Specific noise management measures shall be provided prior to ro'ect construction. 85. Developer shall prepare a plan for construction traffic PW Start of Standard interface with public traffic on any existing public Construction; C of A street. Construction traffic and parking may be Implementation subject to specific requirements by the City Engineer. On going as Needed 86. The Developer shall be responsible for controlling any PW On going Standard rodent, mosquito, or other pest problem due to C of A construction activities. 87. The Developer shall be responsible for watering or PW Start of Standard other dust-palliative measures to control dust as Construction; C of A conditions warrant or as directed by the City Engineer. Implementation On going as Needed 88. The Developer shall provide the Public Works PW Issuance of Standard Department with a letter from a registered civil Building C of A engineer or surveyor stating that the building pads Permits or have been graded to within 0.1 feet of the grades Acceptance of shown on the approved Grading Plans, and that the Improvements top & toe of banks and retaining walls are at the locations shown on the a roved Gradin Plans. ai NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: NPD ES 89. Prior to any clearing or grading, the Developer shall PW Start of Any Standard provide the City evidence that a Notice of Intent (NOI) Construction C of A has been sent to the California State Water Activities Resources Control Board per the requirements of the NPDES. A copy of the Storm Water Pollution Prevention Plan (SWPPP) shall be provided to the Public Works Department and be kept at the construction site. 90. The Storm Water Pollution Prevention Plan (SWPPP) PW SWPPP to be Standard shall identify the Best Management Practices (BMPs) Prepared Prior C of A appropriate to the project construction activities. The to Approval of SWPPP shall include the erosion control measures in Improvement accordance with the regulations outlined in the most Plans: current version of the ABAG Erosion and Sediment Implementation Control Handbook or State Construction Best Prior to Start of Management Practices Handbook. The Developer is Construction responsible for ensuring that all contractors implement and On going all storm water pollution prevention measures in the as Needed SWPPP. 91. The Homeowner's Association shall enter into an PW First Final Map; Standard agreement with the City of Dublin that guarantees the Modify as C of A perpetual maintenance obligation for all storm water needed with treatment measures installed as part of the project. Successive Said agreement is required pursuant to Provision Maps C.3.h. of RWQCB Order R2-2009-0074 for the issuance of the Alameda Countywide NPDES municipal storm water permit. Said permit requires the City to provide verification and assurance that all treatment devices will be properly operated and maintained. This condition shall not apply if the water quality treatment measures are maintained by a GHAD or other ublic entit . 92. 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 miti ations resultin from im acts of this ro'ect. 93. Applicant/Developer shall obtain an Encroachment PW Construction Standard Permit from the Public Works De artment for all 22 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: 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 wired. 94. Applicant/Developer shall obtain a Grading / PW Construction Standard Sitework Permit from 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 ins ections durin construction. 95. Plot plans shall be submitted for review and approval PW Building Standard by the Public Works Department and the Community Permits Development Department prior to approval of building ermits. 96. Roof drainage shall be connected to a closed PW Tract impmt Standard conduit, discharging to a curb drain or connected to agreement the storm drain system. Concentrated flows will not be allowed to drain across ublic sidewalks 97. The Applicant/Developer is responsible for ensuring PW During Standard that all contractors implement all storm water pollution construction revention measures in the SWPPP. 98. Removal of Obstructions. Applicant/Developer shall PW Issuance of Standard remove all trees including major root systems and Occupancy other obstructions from building sites that are Permits necessary for public improvements or for public safety as directed by the soils engineer and Public Works Director. 99. Utility Siting Plan. The Applicant/Developer shall PW, PL Issuance of Standard provide a final Utility Siting Plan showing that Grading transformers and service boxes are placed outside of Permits public view where possible and/or screened to the satisfaction of the Community Development Director and 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 Engineer/Public Works Director prior to installation. 23 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: BUILDING DIVISION 100. 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. 101. Universal Design Ordinance. Due to the limited B Through Standard number of units, the ro'ect is exem t. Completion 102. 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 ins ections from the Buildin Division. 103. Phased Occupancy Plan: If occupancy is requested B Occupancy of Standard to occur in phases, then all physical improvements any affected within each phase shall be required to be completed building prior to occupancy of any buildings within that phase except for items specifically excluded in an approved Phased Occupancy Plan, or minor handwork items, approved by the Community Development Department. The Phased Occupancy Plan shall be submitted to the Directors of Community Development and Public Works for review and approval a minimum of 45 days prior to the request for occupancy of any building covered by said Phased Occupancy Plan. Any phasing shall provide for adequate vehicular access to all parcels in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. No individual building shall be occupied until the adjoining area is finished, safe, accessible, and provided with all reasonable expected services and amenities, and separated from remaining additional construction activity. Subject to approval of the 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. 104. Building Permits: To apply for building permits, B Issuance of Standard Applicant/Developer shall submit seven (7) sets of building permit construction plans to the Building Division for plan check. Each set of plans shall have attached an annotated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. A licant/Develo er will be res onsible for obtainin 24 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: the approvals of all participation non-City agencies rior to the issuance of buildin permits. 105. Construction Drawings: Construction plans shall be B Issuance of Standard fully dimensioned (including building elevations) building permit accurately drawn (depicting all existing and proposed conditions on site), and prepared and signed by a California licensed Architect or Engineer. All structural calculations shall be prepared and signed by a California licensed Architect or Engineer. The site plan, landscape plan and details shall be consistent with each other. 106. Air Conditioning Units: Air conditioning units and B Occupancy of Standard ventilation ducts shall be screened from public view unit with materials compatible to the main building 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. 107. Temporary Fencing: Temporary Construction B Through Standard fencing shall be installed along the perimeter of all completion work under construction. 108. Addressing: B Issuance of Standard a. Provide a site plan with the City of Dublin's building permit address grid overlaid on the plans (1 to 30 scale). and through Highlight all exterior door openings on plans (front, completion rear, garage, etc.). (Prior to release of addresses) 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 rior to a royal or release of the 25 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: 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. 109. Engineer Observation: The Engineer of record shall B Scheduling the Standard be retained to provide observation services for all final frame components of the lateral and vertical design of the inspection building, including nailing, hold downs, straps, shear, roof diaphragm and structural frame of building. A written report shall be submitted to the City Inspector rior to schedulin the final frame ins ection. 110. Foundation: Geotechnical Engineer for the soils B Through Standard report shall review and approve the foundation design. completion A letter shall be submitted to the Building Division on the a royal. 111. Green Building: Green Building measures as B Through Standard detailed may be adjusted prior to master plan check completion application 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) However due to the limited number of units, the project is exempt from the 50 point minimum requirement. 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/Developer 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) Applicant/Developer may choose self-certification or certification by a third party as permitted by the Dublin Municipal Code. Applicant/Developer shall inform the Green Buildin Official of method of certification rior 26 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: to release of the first permit in each subdivision / neighborhood. 112. Electronic File: The Applicant/Developer shall submit B Issuance of Standard all building drawings and specifications for this project building permit in an electronic format to the satisfaction of the Building Official prior to the issuance of building permits. Additionally, all revisions made to the building plans during the project shall be incorporated into an "As Built" electronic file and submitted prior to the issuance of the final occu anc . 113. 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 A plicant/Develo er's ex ense. 114. Copies of Approved Plans: Applicant/Developer B 30 days after Standard shall provide City with 4 reduced (1/2 size) copies of permit and the approved plan. each revision issuance .S ECURITY AND POLICE 115. Security During Construction. PO, B, During Standard a. Fencing -The perimeter of the construction site PW construction shall be fenced and locked at all times when workers are not present. All construction activities shall be confined to within the fenced area. Construction materials and/or equipment shall not be operated or stored outside of the fenced area or within the public right-of-way unless approved in advance by the Public Works Director. b. Address Sign - A temporary address sign of sufficient size and color contrast to be seen during night time hours with existing street lighting is to be posted on the perimeter street adjacent to construction activities. c. Emergency Contact - Prior to any phase of construction, Applicant/Developer will file with the Dublin Police De artment an Emer enc Contact z~ NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: 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. 116. Graffiti. The Applicant/Developer shall keep the site PO, PL On going Standard clear of graffiti on a regular and continuous basis and at all times. Graffiti resistant materials should be used. FIRE INSPECTION 117. Provide escape or rescue window for every sleeping F ©n going Standard room below the fourth story in accordance with the UBC section 310.4. 118. The project shall comply with Building and Fire Codes F On going Standard as adopted b the Cit of Dublin. DSRSD 119. Prior to issuance of any building permit, complete DSRSD ©n going Standard improvement plans shall be submitted to DSRSD that conform to the requirements of the Dublin San Ramon Services District Code, the DSRSD "Standard Procedures, Specifications and Drawings for Design and Installation of Water and Wastewater Facilities", all applicable DSRSD Master Plans and all DSRSD olicies. 120. All mains shall be sized to provide sufficient capacity DSRSD On going Standard to accommodate future flow demands in addition to each development project's demand. Layout and sizing of mains shall be in conformance with DSRSD utilit master tannin . 121. Sewers shall be designed to operate by gravity flow to DSRSD On going Standard DSRSD's existing sanitary sewer system. Pumping of sewage is discouraged and may only be allowed under extreme circumstances following a case by case review with DSRSD staff. Any pumping station will require specific review and approval by DSRSD of preliminary design reports, design criteria, and final plans and specifications. The DSRSD reserves the right to require payment of present worth 20 year maintenance costs as well as other conditions within a separate agreement with the applicant for any project that re wires a um in station. 122. Domestic and fire protection waterline systems for DSRSD On going Standard Tracts or Commercial Develo ments shall be Za NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: designed to be looped or interconnected to avoid dead end sections in accordance with requirements of the DSRSD Standard Specifications and sound en ineerin ractice. 123. DSRSD policy requires public water and sewer lines to DSRSD On going Standard be located in public streets rather than in off-street locations to the fullest extent possible. If unavoidable, then public sewer or water easements must be established over the alignment of each public sewer or water line in an off-street or private street location to provide access for future maintenance and/or re lacement. 124. Prior to approval by the City of a grading permit or a DSRSD On going Standard site development permit, the locations and widths of all proposed easement dedications for water and sewer lines shall be submitted to and approved by DSRSD. 125. All easement dedications for DSRSD facilities shall be DSRSD On going Standard by separate instrument irrevocably offered to DSRSD orb offer of dedication on the Final Ma . 126. Prior to approval by the City for Recordation, the Final DSRSD On going Standard Map shall be submitted to and approved by DSRSD for easement locations, widths, and restrictions. 127. Prior to issuance by the City of any Building Permit or DSRSD On going Standard Construction Permit by the Dublin San Ramon Services District, whichever comes first, all utility connection fees including DSRSD and Zone 7, plan checking fees, inspection fees, connection fees, and fees associated with a wastewater discharge permit shall be paid to DSRSD in accordance with the rates and schedules established in the DSRSD Code. 128. Prior to issuance by the City of any Building Permit or DSRSD On going Standard Construction Permit by the Dublin San Ramon Services District, whichever comes first, all improvement plans for DSRSD facilities shall be signed by the District Engineer. Each drawing of improvement plans shall contain a signature block for the District Engineer indicating approval of the sanitary sewer or water facilities shown. Prior to approval by the District Engineer, the applicant shall pay all required DSRSD fees, and provide an engineer's estimate of construction costs for the sewer and water systems, a performance bond, cone-year maintenance bond, and a comprehensive general liability insurance policy in the amounts and forms that are acce table to DSRSD. The a licant shall allow 29 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: at least 15 working days for final improvement drawing review by DSRSD before signature by the District En ineer. 129. No sewer line or waterline construction shall be DSRSD On going Standard permitted unless the proper utility construction permit has been issued by DSRSD. A construction permit will only be issued after all of the items in Condition No. 9 have been satisfied 130. The applicant shall hold DSRSD, its Board of DSRSD On going Standard Directors, commissions, employees, and agents of DSRSD harmless and indemnify and defend the same from any litigation, claims, or fines resulting from the construction and com letion of the ro'ect 131. Improvement plans shall include recycled water DSRSD On going Standard improvements as required by DSRSD. Services for landscape irrigation shall connect to recycled water mains. Applicant must obtain a copy of the DSRSD Recycled Water Use Guidelines and conform to the re uirements therein. 132. Above ground backflow prevention devices/double DSRSD On going Standard detector check valves shall be installed on fire protection systems connected to the DSRSD water main. The applicant shall collaborate with the Fire Department and with DSRSD to size and configure its fire system. The applicant shall minimize the number of backflow prevention devices/double detector check valves installed on its fire protection system. The applicant shall minimize the visual impact of the backflow prevention devices/double detector check valves throu h strate is lacement and landsca in . PASSED, APPROVED AND ADOPTED this 27th day of March, 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Planning Manager G:IPA#120111PLPA-2011-00039 LennarHomes Brannigan GPA EDSPAIPC Reso-SDR VTM Brannigan.doc 30 ~ ` V / O ® ~ O `/~ L~ M ~ ~' Cam. ~w T T l ~ ~ z V Z Z Q m 1 ~~ z ~ ,.. W = W Z `-' (~ w Z W "~ W Z GC Z ~ Q 1-- V ~ W ~ __ S ,~, V ~- V /Q ~ v _ K ~~ Q O ~--~ N M d' V i ~O [~ 00 O~ O ~--~ N M I to ,..~ N M I ~ to \O ~ 00 Q~ .--~ ~--i ~--+ ~--i ~--i ~--~ ~--~ ~--i ~--i ~--i N N N N N N ~ ~ ~ ~ Q Q~ Q~ Q Q Q Q~ Q Q Q Q Q Q Q Q Q W~ W r~ ~' ~ s ~ U m m L ~ m m N to Q1 W L U N L U Q h z w r~ z 0 U r~ O W .a d E-~ ~ t.. ~ Z." 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V~ oMO4s se W ® 31H4 SNOISIA321 xq~Me,a eieog 31111133HS r=n - , it _ ~" ~: i I ~~f m ', ' ~ ~ i °' ~ ~ ~ ~ y ~ ~ ~- ~ o a ,c ~ ~ ~ ~&`~ ~ j y ~ ~ ~ '{py ~ ~ / ~ ~ f6 G ~ ~ I V '&_.§ FE f0 ~ 3 ~ d Ol ~ C U O C y O > V N L f0 ~ U y N ~ ti a W ~W L.L ~"' Z Q ~_ Z Z m ^^~ 1..1. 1 C O C O U C ~-+ C W e m ~' c ~ °i E ~' m o ~ U ~ ~ ~ ; 3 C<O~ O x O R L ~ N C x ~ ~ O p ~ w J y 3 m ~ cV N ~ N t N L ~ ~! L L y ~ N V ~ C ,.. O ~ C /T ~ d a c y 3 ~ m c ~~ ~ y c ~ N c E m ~ y C O a~i E ~~ rnm~, i L ~ =O 1 ioEm ° o 'y-+.a ~~ ,.. -=-- - ~ ___ _- ~ ~ ~' ~'~ ~~,tt ~l ~ ~. Atik T ( 3 ~C v i~ I S O p, 3~ l I :~, m~ i ~ :c c io w II i a i~ C ~ O ^~ _W ! W ~• ~ i ~I U C ~ i C W RESOLUTION NO. 12 - XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT FOR A 3-ACRE SITE ON BRANNIGAN STREET NORTH OF GLEASON DRIVE (APN 985-0052-021) PLPA-2011-00039 WHEREAS, Lennar Homes of California, Inc. ("Applicant") submitted applications fora 3- acre site located along the west side of Brannigan Street north of Gleason Drive ("Project Site"). The applications include: 1) General Plan and Eastern Dublin Specific Plan amendments to change the land use from its current designation of Public/Semi-Public to Medium Density Residential; 2) Planned Development rezoning with related Stage 1 Development Plan Amendment and new Stage 2 Development Plan; 3) Site Development Review (SDR) to construct 19 single-family detached homes; 4) Vesting Tentative Tract Map 8093 to create 19 residential lots; and 5) Development Agreement. The Project Site and the applications are collectively known as the "Project," and WHEREAS, the project is located within the Eastern Dublin Specific Plan area; and WHEREAS, Development Agreements are required as an implementing measure of the Eastern Dublin Specific Plan; and WHEREAS, a CEQA Addendum to prior environmental review documents has been prepared pursuant to the California Environmental Quality Act (CEQA} and the CEQA Guidelines; and WHEREAS, on March 27, 2012, the Planning Commission held a public hearing on the Project, including the Development Agreement, and recommended that the City Council adopt the CEQA Addendum, adopt General Plan and Eastern Dublin Specific Plan Amendments for the project as stated above from Public/Semi-Public to Medium Density Residential, and recommended that the City Council adopt a Planned Development (PD) rezoning with related Stage 1 Development Plan amendment and new Stage 2 Development Plan to guide development of the proposed residential project; and WHEREAS, a proposed Ordinance to adopt a Development Agreement and the text of the draft Development Agreement ("Agreement") are attached to this Resolution as Exhibit A; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Staff Report was submitted recommending that the Planning Commission recommend that the City Council approve the Development Agreement; and ATTACHMENT 5 WHEREAS, the Planning Commission did hear and use their independent judgment and considered the CEQA Addendum and prior CEQA documents, all said reports, recommendations, and testimony prior to taking any action on the Project. NOW, THEREFORE, BE IT RESOLVED THAT the City of Dublin Planning Commission does hereby make the following findings and determinations regarding the draft Development Agreement: 1. The Agreement is consistent with the objectives, policies, general land uses and programs specified in the Eastern Dublin Specific Plan/General Plan in that: a) the Agreement addresses a Medium Density Residential subdivision on the Project site consistent with the proposed General Plan and Eastern Dublin Specific Plan land use designations; b) the project is consistent with the fiscal policies in relation to the provision of infrastructure and public services of the City's General Plan and Eastern Dublin Specific Plan; and c) the Agreement sets forth the rules the Applicant and the City will be governed by during the development process which is required by the Eastern Dublin Specific Plan and the Mitigation Monitoring Program of the Eastern Dublin Specific Plan. 2. The Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the property is located and consistent with the approvals for the Project. 3. The Agreement is in conformity with public convenience, general welfare and good land use practice in that the Applicant's project will implement land uses and policies set forth in the General Plan and Eastern Dublin Specific Plan for Eastern Dublin generally and the Project site specifically. 4. The Agreement will not be detrimental to the health, safety and general welfare in that the development will proceed in accordance with the applicable Planned Development zoning, the Agreement and any Conditions of Approval for the Project. 5. The Agreement will not adversely affect the orderly development of the property or the preservation of property values in that the development will be consistent with the City of Dublin General Plan and Eastern Dublin Specific Plan. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the City of Dublin Planning Commission does hereby recommend that the City Council adopt an Ordinance approving the Development Agreement between the City of Dublin and Lennar Homes of California, Inc. for the Lennar Brannigan Project (PLPA-2011-00039), which documents are attached as Exhibit A to this resolution and are incorporated herein by reference. PASSED, APPROVED AND ADOPTED this 27th day of March of 2012. AYES: NOES: ABSENT: ABSTAIN: Page 2 of 3 Planning Commission Chair ATTEST: Planning Manager G:IPA#120111PLPA-2011-00039 Lennar Homes Brannigan GPA EDSPAIKiYs DOC commentslpc reso recommending da for brannigan lennar.DOC Page 3 of 3 ORDINANCE NO. XX -12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ***************************** APPROVING A DEVELOPMENT AGREEMENT FORA 3-ACRE SITE ON BRANNIGAN STREET NORTH OF GLEASON DRIVE BETWEEN THE CITY OF DUBLIN AND LENNAR HOMES OF CALIFORNIA, INC. (PLPA-2011-00039) The City Council of the City of Dublin does ordain as follows: Section 1. RECITALS A. The proposed project known as Brannigan Street, Lennar Homes is located within the boundaries of the Eastern Dublin Specific Plan, and is included in the approval for Planned Development under PLPA-2011-00039. B. A Development Agreement for Brannigan Street, Lennar Homes between the City of Dublin and Lennar Homes ("Developer") has been presented to the City Council, Exhibit A, attached hereto. C. Consistent with CEQA Section 21166 and CEQA Guidelines Sections 15162 and 15163, an Initial Study was prepared by the City, as the Lead Agency, to determine whether there would be significant environmental impacts occurring as a result of the current project beyond or different from those already addressed in the previous CEQA documents. Consistent with CEQA Guidelines Section 15164, a determination was made to prepare an Addendum to the environmental documents certified previously. D. A public hearing on the proposed Development Agreement was held before the Planning Commission on March 27, 2012 for which public notice was given as provided by law. E. The Planning Commission has made its recommendation to the City Council for approval of the Development Agreement by Resolution 11 - XX. F. A public hearing on the proposed Development Agreement was held before the City Council on XX, 2012 for which public notice was given as provided by law. G. The City Council has considered the recommendation of the Planning Commission, including the Planning Commission's reasons for its recommendation, the Addendum, the Staff Report, all comments received in writing, and all testimony received at the public hearing. Section 2. FINDINGS AND DETERMINATIONS Therefore, on the basis of (a) the foregoing Recitals which are incorporated herein, (b) the City of Dublin General Plan, (c) the Eastern Dublin Specific Plan, (d) the Addendum, (e) the Staff Report, and on the basis of the specific conclusions set forth below, the City Council finds and determines that: EXHIBIT A TO ATTACHMENT 5 1. The Development Agreement is consistent with the objectives, policies, general land uses and programs specified and contained in the City's General Plan, as amended by the General Plan and Eastern Dublin Specific Plan Amendment in that: (a) the General Plan and Eastern Dublin Specific Plan land use designation for the site is Medium Density Residential, (b) the proposed project is consistent with the designated land use; (c) the project is consistent with the fiscal policies of the General Plan and Eastern Dublin Specific Plan with respect to the provision of infrastructure and public services; and (d) the Development Agreement includes provisions relating to vesting of development rights, and similar provisions set forth in the Eastern Dublin Specific Plan. 2. The Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use districts in which the real property is located in that the project approvals include, Stage 1 Development Plan Amendment and Stage 2 Development Plan, Site Development Review, and Vesting Tentative Map. 3. The Development Agreement is in conformity with public convenience, general welfare, and good land use policies in that the Developer's project will implement land use guidelines set forth in the Eastern Dublin Specific Plan and the General Plan which have planned for Medium Density Residential, and infrastructure uses at this location. 4. The Development Agreement will not be detrimental to the health, safety and general welfare in that the Developer's project will proceed in accordance with all the programs and policies of the Eastern Dublin Specific Plan. 5. The Development Agreement will not adversely affect the orderly development of property or the preservation of property values in that the project will be consistent with the General Plan and with the Eastern Dublin Specific Plan. Section 3. APPROVAL The City Council hereby approves the Development Agreement (Exhibit A to the Ordinance) and authorizes the Mayor to execute it. Section 4. RECORDATION Within ten (10) days after the Development Agreement is fully executed by all parties, the City Clerk shall submit the Agreement to the County Recorder for recordation. Section 5. EFFECTIVE DATE AND POSTING OF ORDINANCE This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause the Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED AND ADOPTED BY the City Council of the City of Dublin, on this XX day of XX, 2012 by the following votes: 2of3 AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:IPA#120111PLPA-2011-00039 Lennar Homes Brannigan GPA EDSPAIPC Mtg 3.27.121CC Ord adopting da for Brannigan.docx 3of4 BOO P17 RECORDING REQUESTED BY: CITY OF DUBLIN When Recorded Mail To: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568 Fee Waived per GC 27383 Space above this line for Recorder's use DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND LENNAR HOMES OF CALIFORNIA, INC. FOR THE LENNAR BRANNIGAN PROJECT EXHIBIT A THIS DEVELOPMENT AGREEMENT (this "Agreement" or this "Development Agreement") is made and entered in the City of Dublin on this day of , 2012, by and between the CITY OF DUBLIN, a Municipal Corporation (hereafter "City") and Lennar Homes of California, Inc., a California corporation (hereafter "Developer") pursuant to the authority of §§ 65864 et seq. of the California Government Code and Dublin Municipal Code, Chapter 8.56. City and Developer are, from time-to-time, individually referred to in this Agreement as a "Party," and are collectively referred to as "Parties." RECITALS A. California Government Code §§65864 et seq. ("Development Agreement Statute") and Chapter 8.56 of the Dublin Municipal Code (hereafter "Chapter 8.56") authorize the City to enter into a Development Agreement for the development of real property with any person having a legal or equitable interest in such property in order to establish certain development rights in such property. B. Developer intends to purchase, desires to develop, and holds an equitable interest in, in that it has the right to purchase, certain real property consisting of approximately _ gross acres of land, located in the City of Dublin, County of Alameda, State of California, which is more particularly described in Exhibit A attached hereto and incorporated herein by this reference, and which real property is hereafter called the "Property." C. The City Council adopted the Eastern Dublin Specific Plan by Resolution No. 53-93 which Plan is applicable to the Property. The Eastern Dublin Specific Plan requires Developer to enter into a development agreement as a condition of the development of the Property. D. The Property is within Area F of Dublin Ranch, which is subject to a Master Development Agreement between the City of Dublin and the Lins dated June 29, 1999 and recorded in Official Records Alameda County on July 8, 1999 as Instrument No. 99251790, and a Supplemental Development Agreement between the City of Dublin and the Lins dated April 18, 2000 and recorded in Official Records of Alameda County on November 13, 2000 as Instrument No. 200335772. E. Developer proposes the development of the Property as a residential project consisting of 19 detached single-family units ("the Project"). F. DEVELOPER has applied for, and CITY has approved or is processing, various land use approvals in connection with the development of the Project, including, without limitation, a General Plan Amendment (City Council Resolution No. ~, an amendment to the Eastern Dublin Specific Plan (City Council Resolution No. ~; a PD District rezoning (Ordinance No. ); a Stage 1 Development Plan for Area F (Ord. No. 12-04 as amended by Ord. No. Dublin/Lennar Homes of California, Inc. Development Agreement Page 2 of 16 for the Lennar Brannigan Project ~; a Stage 2 Development Plan (Ord. No. ~; a vesting tentative map that would create the parcels on which the Project would be constructed (Planning Commission Resolution No. ; and Site Development Review (Planning Commission Resolution No. All such approvals collectively, together with any approvals or permits now or hereafter issued with respect to the Project are referred to as the "Project Approvals." G. City desires the timely, efficient, orderly and proper development of the Project. H. The City Council has found that, among other things, this Development Agreement is consistent with its General Plan and the Eastern Dublin Specific Plan and has been reviewed and evaluated in accordance with the Development Agreement Statute and Chapter 8.56. I. City and Developer have reached agreement and desire to express herein a Development Agreement that will facilitate development of the Project subject to conditions set forth herein. J. Pursuant to CEQA the City Council adopted Resolution No. _-12 approving an Addendum for the Lennar/Brannigan project. K. On ,the City Council of the City of Dublin adopted Ordinance No. approving this Development Agreement ("the Approving Ordinance"). The Approving Ordinance will take effect on ' ("the Approval Date"). NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the mutual promises, obligations and covenants herein contained, City and Developer agree as follows: AGREEMENT 1. Description of Property. The Property that is the subject of this Agreement is described in Exhibit A attached hereto. 2. Interest of Developer. The Developer has a legal or equitable interest in the Property in that it has the right to purchase the Property under the Purchase and Sale Agreement. 3. Relationship of City and Developer. It is understood that this Agreement is a contract that has been negotiated and voluntarily entered into by the City and Developer and that the Developer is not an agent of the City. The City and Developer hereby renounce the existence Dublin/Lennar Homes of California, Inc. Development Agreement Page 3 of 16 for the Lennar Brannigan Project of any form of joint venture or partnership between them, and agree that nothing contained herein or in any document executed in connection herewith shall be construed as making the City and Developer joint venturers or partners. 4. Effective Date and Term. 4.1 Effective Date. The effective date of this Agreement shall be the Approval Date. 4.2 Term. The term of this Agreement shall commence on the Effective Date and extend five (5) years thereafter, unless said term is otherwise terminated or modified by circumstances set forth in this Agreement. 5. Use of the Prooertv. 5.1 Ripht to Develop. Developer shall have the vested right to develop the Project on the Property in accordance with the terms and conditions of this Agreement, the Project Approvals (as and when issued), and any amendments to any of them as shall, from time to time, be approved pursuant to this Agreement. Such amendments, such as to Site Development Review or Tentative Map project approvals, once effective shall become part of the law Developer is vested into without an additional amendment of this Agreement. Notwithstanding the foregoing or anything to the contrary herein, any amendment to the General Plan, Specific Plan and PD zoning applicable to the Property and in effect on the Effective Date shall not become part of the law Developer is vested into under this Agreement unless an additional amendment of this Agreement is voluntarily entered into between Developer and City in accordance with State and City laws. 5.2 Permitted Uses. The permitted uses of the Property, the density and intensity of use, the maximum height, bulk and size of proposed buildings, provisions for reservation or dedication of land for public purposes and location and maintenance of on-site and off-site improvements, location of public utilities (operated by the City) and other terms and conditions of development applicable to the Property, shall be those set forth in this Agreement, the Project Approvals and any amendments to this Agreement or the Project Approvals (subject to the provisions of Section 5.1). 5.3 Additional Conditions. Provisions for the following ("Additional Conditions") are set forth in Exhibit B attached hereto and incorporated herein by reference. 5.3.1 Subsequent Discretionary Approvals. Conditions, terms, restrictions, and requirements for subsequent discretionary actions. (These conditions do not affect Developer's responsibility to obtain all other land use approvals required by the ordinances of the City of Dublin or other approvals from regulatory agencies.) Dublin/Lennar Homes of California, Inc. Development Agreement Page 4 of 16 for the Lennar Brannigan Project None 5.3.2 Mitigation Conditions. Additional or modified conditions agreed upon by the parties in order to eliminate or mitigate adverse environmental impacts of the Project or otherwise relating to development of the Project. See Exhibit B 5.3.3 Phasing, Timing. Provisions that the Project be constructed in specified phases, that construction shall commence within a specified time, and that the Project or any phase thereof be completed within a specified time. See Exhibit B 5.3.4 Financing Plan. Financial plans which identify necessary capital improvements such as streets and utilities and sources of funding. See Exhibit B 5.3.5 Fees, Dedications. Terms relating to payment of fees or dedication of property. None 5.3.6 Reimbursement. Terms relating to subsequent reimbursement over time for financing of necessary public facilities. None 5.3.7 Miscellaneous. Miscellaneous terms. See Exhibit B 6. Applicable Rules. Regulations and Official Policies. 6.1 Rules Regarding Permitted Uses. For the term of this Agreement, the City's ordinances, resolutions, rules, regulations and official policies governing the permitted uses of the Property, governing density and intensity of use of the Property and the maximum height, bulk and size of proposed buildings shall be those in force and effect on the Approval Date of the Agreement. 6.2 Rules Regarding Design and Construction. Unless otherwise expressly provided in Paragraph 5 of this Agreement, the ordinances, resolutions, rules, regulations and official policies governing design, improvement and construction standards and specifications applicable to the Project shall be those in force and effect at the time of the applicable discretionary approval, whether the date of that approval is prior to or after the date of this Agreement. Dublin/Lennar Homes of California, Inc. Development Agreement Page 5 of 16 for the Lennar Brannigan Project Ordinances, resolutions, rules, regulations and official policies governing design, improvement and construction standards and specifications applicable to public improvements to be constructed by Developer shall be those in force and effect at the time of the applicable discretionary approval, whether date of approval is prior to or after the date of this Agreement. 6.3 Uniform Codes Applicable. The Project shall be constructed in accordance with the provisions of the Uniform Building, Mechanical, Plumbing, Electrical and Fire Codes and Title 24 of the California Code of Regulations, relating to Building Standards, in effect at the time the Developer submits its application for the appropriate building, grading, encroachment, or other construction permits for the Project. 7. Subsequently Enacted Rules and Regulations. 7.1 New Rules and Regulations. During the term of this Agreement, the City may apply new or modified ordinances, resolutions, rules, regulations and official policies of the City to the Property which were not in force and effect on the Effective Date of this Agreement and the Project Approvals and which are not in conflict with those applicable to the Property as set forth in this Agreement if: (a) the application of such new or modified ordinances, resolutions, rules, regulations or official policies would not prevent, impose a substantial financial burden on, or materially delay development of the Property as contemplated by this Agreement and the Project Approvals and (b) if such ordinances, resolutions, rules; regulations or official policies have general applicability. Consistent with Government Code Section 66498.2 (applicable to vesting tentative maps), in the event City subsequently changes its ordinances, policies or standards during the term of this Agreement, such .changed ordinances, policies, or standards shall automatically apply to secure the vested right for Developer to proceed with the Project under such changes, provided Developer notifies City in writing that it elects to apply such changes and clearly specifies such changes to the City's ordinances, policies and standards. 7.2 Approval of Application. Nothing in this Agreement shall prevent the City from denying or conditionally approving any subsequent land use permit or authorization for the Project on the basis of such new or modified ordinances, resolutions, rules, regulations and policies as permitted by Section 7.1. 7.3 Moratorium Not Applicable. Notwithstanding anything to the contrary contained herein, in the event an ordinance, resolution or other measure is enacted, whether by action of the City, by initiative, referendum, or otherwise, that imposes a building moratorium, a limit on the rate of development or a voter- approval requirement which affects the Project on all or any part of the Property, the City agrees that such ordinance, resolution or other measure shall not apply to the Project, the Property, this Agreement or the Project Approvals unless the. building moratorium is imposed as part of a declaration of a local emergency or state of emergency as defined in Government Code § 8558. Dublin/Lennar Homes of California, Inc. Development Agreement Page 6 of 16 for the Lennar Brannigan Project 7.4 Rights under Vesting Tentative Map. Notwithstanding anything to the contrary contained herein, this Agreement shall not supersede any rights Developer may obtain pursuant to City's approval of the vesting tentative map for the Project. 8. Subsequently Enacted or Revised Fees, Assessments and Taxes. 8.1 Fees, Exactions, Dedications. The City and Developer agree that this Agreement does not limit the City's discretion to impose or require payment of any fees in connection with the development of the Project for purposes of mitigating environmental and other impacts of the Project, dedication of any land, or construction of any public improvement or facilities. Furthermore, Developer agrees that, notwithstanding any rights it may obtain under its vesting tentative map, the City may impose or increase any such fees on the Project, payment of which is typically required at building permit or final map approval, even if those fees or charges were increased or first enacted after Developer's application for the vesting tentative map was deemed complete. 8.2 Revised Application Fees. Any existing application, processing and inspection fees that are revised during the term of this Agreement shall apply to the Project provided that (1) such fees have general applicability; (2) the application of such fees to the Property is prospective only; and (3) the application of such fees would not prevent, impose a substantial financial burden on, or materially delay development in accordance with this Agreement. 8.3 New Taxes. Any subsequently enacted city-wide taxes shall apply to the Project provided that: (1) the application of such taxes to the Property is prospective; and (2) the application of such taxes would not prevent development in accordance with this Agreement. 8.4 Assessments. Nothing herein shall be construed to relieve the Property from assessments levied against it by the City pursuant to any statutory procedure for the assessment of property to pay for infrastructure and/or services which benefit the Property. 8.5 Vote on Future Assessments and Fees. In the event that any assessment, fee or charge which is applicable to the Property is subject to Article XIIID of the Constitution and Developer does not return its ballot, Developer agrees, on behalf of itself and its successors, that the City may count Developer's ballot as affirmatively voting in favor of such assessment, fee or charge. 9. Amendment or Cancellation. 9.1 Modification Because of Conflict with State or Federal Laws. In the event that state or federal laws or regulations enacted after the Effective Date of this Agreement prevent or preclude compliance with one or more provisions of this Agreement or require changes in plans, maps or permits approved by the Dublin/Lennar Homes of California, Inc. Development Agreement Page 7 of 16 for the Lennar Brannigan Project City, the parties shall meet and confer in good faith in a reasonable attempt to modify this Agreement to comply with such federal or state law or regulation. Any such amendment or suspension of the Agreement shall be subject to approval by the City Council in accordance with Chapter 8.56. 9.2 Amendment by Mutual Consent. This Agreement may be amended in writing from time to time by mutual consent of the parties hereto and in accordance with the procedures of State law and Chapter 8.56. 9.3 Insubstantial Amendments. Notwithstanding the provisions of the preceding paragraph 9.2, any amendments to this Agreement which do not relate to (a) the term of the Agreement as provided in paragraph 4.2; (b) the permitted uses of the Property as provided in paragraph 5.2; (c) provisions for "significant" reservation or dedication of land as provided in Exhibit B; (d) conditions, terms, restrictions or requirements for subsequent discretionary actions; (e) the density or intensity of use of the Project; (f) the maximum height or size of proposed buildings; or (g) monetary contributions by Developer as provided in this Agreement, shall not, except to the extent otherwise required by law, require notice or public hearing before either the Planning Commission or the City Council before the parties may execute an amendment hereto. The City's Public Works Director shall determine whether a reservation or dedication is "significant". 9.4 Cancellation by Mutual Consent. Except as otherwise permitted herein, this Agreement may be canceled in whole or in part only by the mutual consent of the parties or their successors in interest, in accordance with the provisions of Chapter 8.56. Any fees paid pursuant to Paragraph 5.3 and Exhibit B of this Agreement prior to the date of cancellation shall be retained by the City. 10. Term of Project Approvals. Pursuant to California Government Code Section 66452.6(a), the term of any vesting tentative map described above shall automatically be extended for the term of this Agreement. The term of any other Project Approval shall be extended only if so provided in Exhibit B. 11. Annual Review. 11.1 Review Date. The annual review date for this Agreement shall be between July 15 and August 15, 2013 and thereafter between each July 15 and August T5 during the Term. 11.2 Initiation of Review. The City's Community Development Director shall initiate the annual review, as required under Section 8.56.140 of Chapter 8.56, by giving to Developer thirty (30) days' written notice that the City intends to undertake such review. Developer shall provide evidence to the Community Development Director prior to the hearing on the annual review, as and when reasonably determined necessary by the Community Development Director, to Dublin/Lennar Homes of California, Inc. Development Agreement Page 8 of 16 for the Lennar Brannigan Project demonstrate good faith compliance with the provisions of the Agreement. The burden of proof by substantial evidence of compliance is upon the Developer. 11.3 Staff Reports. To the extent practical, the City shall deposit in the mail and fax to Developer a copy of all staff reports, and related exhibits concerning contract performance at least five (5) days prior to any annual review. 11.4 Costs. Costs reasonably incurred by the City in connection with the annual review shall be paid by Developer in accordance with the City's schedule of fees in effect at the time of review. 12. Defa u It. 12.1 Other Remedies Available. Upon the occurrence of an event of default, the parties may pursue all other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing development agreements, expressly including the remedy of specific performance of this Agreement. 12.2 Notice and Cure. Upon the occurrence of an event of default by either party, the nondefaulting party shall serve written notice of such default upon the defaulting party. If the default is not cured by the defaulting party within thirty (30) days after service of such notice of default, the nondefaulting party may then commence any legal or equitable action to enforce its rights under this Agreement; provided, however; that if the default cannot be cured within such thirty (30) day period, the nondefaulting party shall refrain from any such legal or equitable action so long as the defaulting party begins to cure such default within such thirty (30) day period and diligently pursues such cure to completion. Failure to give notice shall not constitute a waiver of any default. 12.3 No Damages Against City. Notwithstanding anything to the contrary contained herein, in no event shall damages be awarded against the City upon an event of default or upon termination of this Agreement. 13. Estoppel Certificate. Either party may, at any time, and from time to time, request written notice from the other party requesting such party to certify in writing that, (a) this Agreement is in full force and effect and a binding obligation of the parties, (b) this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the amendments, and (c) to the knowledge of the certifying party the requesting party is not in default in the performance of its obligations under this Agreement, or if in default, to describe therein the nature and amount of any such defaults. A party receiving a request hereunder shall execute and return such certificate within thirty (30) days following the receipt thereof, or such longer period as may reasonably be agreed to by the parties. City Manager of the City shall be authorized to execute any certificate requested by Developer. Should the party receiving the request not execute and return Dublin/Lennar Homes of California, Inc. Development Agreement Page 9 of 16 for the Lennar Brannigan Project such certificate within the applicable period, this shall not be deemed to be a default, provided that such party shall be deemed to have certified that the statements in clauses (a) through (c) of this section are true, and any party may rely on such deemed certification. 14. Mortgagee Protection: Certain Rights of Cure. 14.1 Mortgagee Protection. This Agreement shall be superior and senior to any lien placed upon the Property, or any portion thereof after the date of recording this Agreement, including the lien for any deed of trust or mortgage ("Mortgage"). Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith and for value, but all the terms and conditions contained in this Agreement shall be binding upon and effective against any person or entity, including any deed of trust beneficiary or mortgagee ("Mortgagee") who acquires title to the Property, or any portion thereof, by foreclosure, trustee's sale, deed in lieu of foreclosure, or otherwise. 14.2 Mortgagee Not Obligated. Notwithstanding the provisions of Section 14.1 above, no Mortgagee shall have any obligation or duty under this Agreement, before or after foreclosure or a deed in lieu of foreclosure, to construct or complete the construction of improvements, or to guarantee such construction of improvements, or to guarantee such construction or completion, or to pay, perform or provide any fee, dedication, improvements or other exaction or imposition; provided, however, that a Mortgagee shall not be entitled to devote the Property to any uses or to construct any improvements thereon other than those uses or improvements provided for or authorized by the Project Approvals or by this Agreement. 14.3 Notice of Default to Mortgagee and Extension of Right to Cure. If the City receives notice from a Mortgagee requesting a copy of any notice of default given Developer hereunder and specifying the address for service thereof, then the City shall deliver to such Mortgagee, concurrently with service thereon to Developer, any notice given to .Developer with respect to any claim by the City that Developer has committed an event of default. Each Mortgagee shall have the right during the same period available to Developer to cure or remedy, or to commence to cure or remedy, the event of default claimed set forth in the City's notice. The City, through its City Manager, may extend the thirty-day cure period provided in paragraph 12.2 for not more than an additional sixty (60) days upon request of Developer or a Mortgagee. 15. Severability. The unenforceability, invalidity or illegality of any provisions, covenant, condition or term of this Agreement shall not render the other provisions unenforceable, invalid or illegal. Dublin/Lennar Homes of California, Inc. Development Agreement Page 10 of 16 for the Lennar Brannigan Project 16. Attornevs' Fees and Costs. If the City or Developer initiates any action at law or in equity to enforce or interpret the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs in addition to any other relief to which it may otherwise be entitled. If any person or entity not a party to this Agreement initiates an action at law or in equity to challenge the validity of any provision of this Agreement or the Project Approvals, the parties shall cooperate in defending such action. Developer shall bear its own costs of defense as a real party in interest in any such action, and shall reimburse the City for all reasonable court costs and attorneys' fees expended by the City in defense of any such action or other proceeding. 17. Transfers and Assignments. .17.1 Right to Assign. Developer may wish to sell, transfer or assign all or portions of its Property to other developers (each such other developer is referred to as a "Transferee"). In connection with any such sale, transferor assignment to a Transferee, Developer may sell, transfer or assign to such Transferee any or all rights, interests and obligations of Developer arising hereunder and that pertain to the portion of the Property being sold or transferred, to such Transferee, provided, however, that: no such transfer, sale or assignment of Developer's rights, interests and obligations hereunder shall occur without prior written notice to City and approval by the City Manager, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, provided notice is given as specified above, no City approval, shall be required for any transfer, sale; or assignment of this Agreement to: 1) any entity which is an affiliate or subsidiary of Developer; 2) any Mortgagee; or 3) any transferee of a Mortgagee. 17.2 Approval and Notice of Sale, Transfer or Assignment. The City Manager shall consider and decide on any transfer, sale or assignment within ten (10) days after Developer's notice, provided all necessary documents, certifications and other information are provided to the City Manager to enable the City Manager to determine whether the proposed Transferee can perform the Developer's obligations hereunder. Notice of any such approved sale, transferor assignment (which includes a description of all rights, interests and obligations that have been transferred, and those which have been retained by Developer) shall be recorded in the official records of Alameda County, in a form acceptable to the City Manager, concurrently with such sale, transferor assignment. 17.3 Release Upon Transfer. Upon the transfer, sale, or assignment of all of Developer's rights, interests and obligations hereunder pursuant to Paragraph 17.1 of this Agreement, Developer shall be released from the obligations under this Agreement, with respect to the Property transferred, sold, or assigned, arising subsequent to the date of City Manager approval of such transfer, sale, or assignment; provided, however, that if any transferee, Dublin/Lennar Homes of California, Inc. Development Agreement Page 11 of 16 for the Lennar Brannigan Project purchaser, or assignee approved by the City Manager expressly assumes all of the rights, interests and obligations of Developer under this Agreement, Developer shall be released with respect to all such rights, interests and assumed obligations. In any event, the transferee, purchaser, or assignee shall be subject to all the provisions hereof and shall provide all necessary documents, certifications and other necessary information prior to City Manager approval. 17.4 Developer's Right to Retain Specified Rights or Obligations. Notwithstanding Paragraphs 17.1, 17.2 and 17.3 and Paragraph 18, Developer may withhold from a sale, transfer or assignment of this Agreement certain rights, interests and/or obligations which Developer shall retain, provided that Developer specifies such rights, interests and/or obligations in a written document to be appended to this Agreement and recorded with the Alameda County Recorder prior to the sale, transfer or assignment of the Property. Developer's purchaser, transferee or assignee shall then have no interest or obligations for such rights, interests and obligations and this Agreement shall remain applicable to Developer with respect to such retained rights, interests and/or obligations. 17.5 Termination of Agreement Upon Sale of Individual Lots to_ Public. Notwithstanding any provisions of this Agreement to the contrary, the burdens of this Agreement shall terminate as to any lot which has been finally subdivided and individually (and not in "bulk") leased (for a period of longer than one year) or sold to the purchaser or user thereof and thereupon and without the execution or recordation of any further document or instrument such lot shall be released from and no longer be subject to or burdened by the provisions of this Agreement; provided, however, that the benefits of this Agreement shall continue to run as to any such lot until a building is constructed on such lot, or until the termination of this Agreement, if. earlier, at which time this Agreement shall terminate as to such lot. 18. Agreement Runs with the Land. All of the provisions, rights, terms, covenants, and obligations contained in this Agreement shall be binding upon the Parties and their respective heirs, successors and assignees, representatives, lessees, and all other persons acquiring the Property, or any portion thereof, or any interest therein, whether by operation of law or in any manner whatsoever. All of the provisions of this Agreement shall be enforceable as equitable servitudes and shall constitute covenants running with the land pursuant to applicable laws, including, but not limited to, Section 1468 of the Civil Code of the State of California. Each covenant to do, or refrain from doing, some act on the Property hereunder, or with respect to any owned property, (a) is for the benefit of such properties and is a burden upon such properties, (b) runs with such properties, and (c) is binding upon each party and each successive owner during its ownership of such properties or any portion thereof, and shall be a benefit to and a burden upon each party and its property hereunder and each other person succeeding to an interest in such properties. Dublin/Lennar Homes of California, Inc. Development Agreement Page 12 of 16 for the Lennar Brannigan Project 19. Bankruptcy The obligations of this Agreement shall not be dischargeable in bankruptcy. 20. Indemnification. Developer agrees to indemnify, defend and hold harmless the City, and its elected and appointed councils, boards, commissions, officers, agents, employees, and representatives from any and all claims, costs (including legal fees and costs) and liability for any personal injury or property damage which may arise directly or indirectly as a result of any actions or inactions by the Developer, or any actions or inactions of Developer's contractors, subcontractors, agents, or employees in connection with the construction, improvement, operation, or maintenance of the Project, provided that Developer shall have no indemnification obligation with respect to negligence or wrongful conduct of the City, its contractors, subcontractors, agents or employees or with respect to the maintenance, use or condition of any improvement after the time it has been dedicated to and accepted by the City or another public entity (except as provided in an improvement agreement or maintenance bond). If City is named as a party to any legal action, City shall cooperate with Developer, shall appear in such action and shall not unreasonably withhold approval of a settlement otherwise acceptable to Developer. 21. Insurance. 21.1 Public Liability and Property Damage Insurance. During the term of this Agreement, Developer shall maintain in effect a policy of comprehensive general liability insurance with aper-occurrence combined single limit of not less than one million dollars ($1,000,000.00) with a One Hundred Thousand Dollar ($100,000) self insurance retention per claim. The policy so maintained by Developer shall name the City as an additional insured and shall include either a severability of interest clause or cross-liability endorsement. 21.2 Workers Compensation Insurance. During the term of this Agreement Developer shall maintain Worker's Compensation insurance for all persons employed by Developer for work at the Project site. Developer shall require each contractor and subcontractor similarly to provide Worker's Compensation insurance for its respective employees. Developer agrees to indemnify the City for any damage resulting from Developer's failure to maintain any such insurance. 21.3 Evidence of Insurance. Prior to City Council approval of this Agreement, Developer shall furnish the City satisfactory evidence of the insurance required in Sections 21.1 and 21.2 and evidence that the carrier is required to give the City at least fifteen days prior written notice of the cancellation or reduction in coverage of a policy. The insurance shall extend to Dublin/Lennar Homes of California, Inc. Development Agreement Page 13 of 16 for the Lennar Brannigan Project the City, its elective and appointive boards, commissions, officers, agents, employees and representatives and to Developer performing work on the Project. 22. Sewer and Water. Developer acknowledges that it must obtain water and sewer permits from the Dublin San Ramon Services District ("DSRSD") which is another public agency not within the control of the City. 23. Notices. All notices required or provided for under this Agreement shall be in writing. Notices required to be given to the City shall be addressed as follows: City Manager City of Dublin 100 Civic Plaza Dublin, CA 94568 FAX No. (925) 833-6651 Notices required to be given to Developer shall be addressed as follows: Doug Rich, Vice President of Finance Lennar Homes of California, Inc. 6111 Bollinger Canyon Road, Suite 550 San Ramon, CA 94583 A party may change address by giving notice in writing to the other party and thereafter all notices shall be addressed and transmitted to the new address. Notices shall be deemed given and received upon personal delivery, or if mailed, upon the expiration of 48 hours after being deposited in the United States Mail. Notices may also be given by overnight courier which shall be deemed given the following day or by facsimile transmission which shall be deemed given upon verification of receipt. 24. Agreement is Entire Understanding. This Agreement constitutes the entire understanding and agreement of the parties. 25. Exhibits. The following documents are referred to in this Agreement and are attached hereto and incorporated herein as though set forth in full: Exhibit A Legal Description of Property Exhibit B Additional Conditions Dublin/Lennar Homes of California, Inc. Development Agreement Page 14 of 16 for the Lennar Brannigan Project 26. Counterparts. This Agreement is executed in three (3) duplicate originals, each of which is deemed to be an original. 27. Recordation. City shall record a copy of this Agreement within ten days following execution by all parties. Failure of the City to comply with this Paragraph shall not affect the rights and obligations of the parties under this Agreement. 29. Legal Authority. Each individual executing this Agreement on behalf of Developer hereby represents and warrants that he or she .has full power and authority under the entity's governing documents to execute and deliver this Agreement in the name of and on behalf of the company and to cause the entity to perform its obligations under this Agreement. [Execution Page Follows] Dublin/Lennar Homes of California, Inc. Development Agreement Page 15 of 16 for the Lennar Brannigan Project IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date and year first above written. CITY OF DUBLIN BV: Joni Pattillo, City Manager Attest: Caroline Soto, City Clerk Approved as to form John Bakker, City Attorney 1799316.2 DEVELOPER Lennar Homes of California, Inc., a California corporation ~ Dale Billy Its: Vice President (NOTARIZATION ATTACHED) Dublin/Lennar Homes of California, Inc. Development Agreement Page 16 of 16 for the Lennar Brannigan Project CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of _~ On t`(1f~1 _m~. 2t~, 2012 before me, L- = r'~t2-P.r ~l ~Etsn., ~talnl i e _ , Date Here Insert Name d ills of the icer personally appeared ~ ~ ~i ~ l4 Name(s) of Si9nerft:) s who proved to me on the basis of satisfactory evidence to be the person( whose name(,s') is/a~ subscribed to the within instrument and acknowledged to me that he/~ executed the same in his/NeN#+~eir authorized ~,~,,,~ capacity(ies), and that by his/I~eer~F~eir signature(s') on the L. BITTER instrument the person(, or the entity upon behalf of connnktloa ae tast2eo which the erson s acted, executed the instrument. tlotrt, IPYbNc • CalilorNa p ( ) cooly cotta Cowgy Cmalw. OctS 5 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my ha(nd~a~nd -offic\ial seal. Signature ~ `t(,r~ Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ^ Individual ^ Corporate Officer -Title(s): _ ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing Top of thumb here Signer's Name: ^ Individual ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: Top of thumb here ®2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item #5907 Reorder:Call Toll-Free 1-800-876.6827 Exhibit A Legal Description of Property Parcel 1 of Parcel Map 9451 as filed for record on August 9, 2007 in Book 300 of Parcel Maps at Pages 53 through 54, Alameda County Records, California. EXHIBIT B Additional Conditions The following Additional Conditions are hereby imposed pursuant to Paragraph 5.3 above. Subparagraph 5.3.1 -Subsequent Discretionary Apurovals None. Subparagraph 5.3.2 -Mitigation Conditions Subsection a. Infrastructure Sequencing Program The Infrastructure Sequencing Program for the Project is set forth below. (i) Roads: Sidewalk and Landscape Improvements The project-specific sidewalk and landscape improvements (and offers of dedication) identified in Planning Commission Resolution No. approving Site Development Review and Vesting Tentative Map 8903 (the "SDR Resolution") shall be completed by Developer to the satisfaction and requirements of the Public Works Director at the times and in the manner specified in the SDR Resolution unless otherwise provided below. (ii) Sewer: All sanitary sewer improvements to serve the project site (or any recorded phase of the Project) shall be completed in accordance with DSRSD requirements. (iii) Water: An all weather roadway and an approved hydrant and water supply system shall be available and in service at the site in accordance with the tentative map conditions of approval to the satisfaction and requirements of the City's fire department. All potable water system components to serve the project site shall be completed in accordance with the DSRSD requirements. Recycled water lines shall be installed in accordance with the tentative map conditions of approval. (iv) Storm Drainage: Dublin/Lennar Homes of California, Inc. Development Agreement Page 1 of 5 for the Dublin Transit Center Site C Project Exhibit B The storm drainage systems off-site, as well as on-site drainage systems for the areas to be occupied, shall be improved consistent with the tentative map conditions of approval and to the satisfaction and requirements of the Dublin Public Works Department applying the City's and Zone 7 (Alameda County Flood Control and Water Conservation District, Zone 7) standards and policies which are in force and effect at the time of issuance of the permit for the proposed improvements. Pursuant to Alameda County's National Pollution Discharge Elimination Permit (NPDES) No. CAS0029831 with the California Regional Water Quality Control Board, or pursuant to subsequent permits adopted by the Board, all grading, construction and development activities within the City of Dublin must comply with the provisions of the Clean Water Act. Proper erosion control measures must be installed at development sites within the City during construction, and all activities shall adhere to Best Management Practices. (v) Other Utilities (e.a. aas, electricity, cable televisions, teleahonel: Construction shall be completed by phase prior to issuance of the first Certificate of Occupancy for any building within that specific phase of occupancy for the Project. Subsection b. Miscellaneous (i) Completion May Be Deferred. Notwithstanding the foregoing, the City's Public Works Director may, in his or her sole discretion and upon receipt of documentation in a form satisfactory to the Public Works Director that assures completion, allow Developer to defer completion of discrete portions of any public improvements for the Project if the Public Works Director determines that to do so would not jeopardize the public health, safety or welfare. Subgaraaraph 5.3.3 -Phasing, Timina This Agreement contains no requirements that Developer must initiate or complete development of the Project within any period of time set by the City. It is the intention of this provision that Developer be able to develop the Property in accordance with its own time schedules and the Project Approvals. Dublin/Lennar Homes of California, Inc. Development Agreement Page 2 of 5 for the Dublin Transit Center Site CProject-Exhibit B Subparagraph 5.3.4 - Financina Plan Developer will install all improvements necessary for the Project at its own cost (subject to credits for any improvements which qualify for credits as provided in Subparagraph 5.3.6 below). Other infrastructure necessary to provide sewer, potable water, and recycled water services to the Project will be made available by the Dublin San Ramon Services District. If so required by Dublin San Ramon Services District, Developer. will enter into an "Area Wide Facilities Agreement" with the Dublin San Ramon Services District to pay for the cost of extending such services to the Project. Such services shall be provided as set forth in Subparagraph 5.3.2(a)(ii) and (iii) above. Subparagraph 5.3.5 -Fees. Dedications None. Subparagraph 5.3.6 -Reimbursement None. Subparacraph 5.3.7 -Miscellaneous Subsection a. Community Benefit Contributions Developer has agreed to provide the following Community Benefit Contributions in consideration of the City's approval of Developer's proposed amendments to the General Plan and to the Eastern Dublin Specific Plan. (i) Payment. Developer shall make a $50,000 community benefit payment to the City within thirty days after the Approval Date. (ii) Contribution of Improvements. Although it is not a component of its project, Developer agreed to complete the ultimate street frontage improvements on the west side of Brannigan Street from the southern boundary of the property to Brannigan Street's intersection with Gleason Drive as a tentative map condition. These improvements consist of (a) widening the street to match the improvements on the portion of Brannigan Street fronting the Property (56' curb face to curb face) and (b) constructing the ultimate curb return for the northwestern portion of the Brannigan Street/Gleason Drive intersection. Improvements shall include grading as needed, full pavement structural section, concrete curb and gutter, a 6-foot Dublin/Lennar Homes of California, Inc. Development Agreement Page 3 of 5 for the Dublin Transit Center Site C Project Exhibit B temporary asphalt concrete walkway (including a connection to the existing walkway on the northern portion of Gleason Drive), and an accessible curb ramp with domes at the intersection. The existing pedestrian push button pole at the intersection shall be relocated behind the new curb face. A drainage inlet shall be installed at the northerly end of the curb return and pipe installed to tie the inlet to the existing system unless the need for the inlet is waived by the City Engineer during final design. 1799316.4 Dublin/Lennar Homes of California, Inc. Development Agreement Page 4 of 5 for the Dublin Transit Center Site C Project Exhibit B GreenPoint Rated Checklist: Single Family ~'-= GreenPoint Rated checklist tracks green features incorporated into the home. A home Is only GreenPoint ~ .ed if all features are verified by a Certified GreenPoint Rater through Build It Green. GreenPoint Rated is provided as a public service by Build It Green, a professional non-profit whose mission is to promote healthy, energy and resource efficient buildings in California. The minimum requirements of GreenPoint Rated are: verification of 50 or more points; Earn the following minimum points per category: Energy (30), Indoor Air Quality/Health (5), Resources (6), and Water (9); and meet the prerequisites A.2.a, H10a., J.2., N.1, and Q0. This checklist accommodates the verification of mandatory CALGreen measures but does not signify compliance unless accepted by enforcing agency. All CALGreen measures within the checklist must be selected as "Yes" or "n/a" for compliance with GreenPoint Rated. Build It Green is not a code enforcement agency. The criteria for the green building practices listed below are described in the GreenPoint Rated Single Family Rating Manual. For more information please visit www.builditgreen.orglgreenpolntrated c:....:.. cam..,::.. IUsui Y.....e d 7 19flflR Ti41a 7d ~~)~i~ . °,. sus re Total Points Targeted: 134 30 i 30 i 19 21 11 6 9 5 0 ~' Z N ~ l0 Ci 7 r r it r ' `~`:#6 .. ~. E m = ~. O ad+ '~ ~; u' ~ O C ~ d !0 Q : .' , D V W r:.k ;:. •~ :•:•::•:;;:•:..: `..::.:.... .\ t::w... ,: 't ~::::::':::2:: \\. `i:ti.~:.: •:::.•.•.; •:C•::it::: {4Q......\n: '2~v'.:L:.: i:::".•:•: i.•:?:ti......... .v 'Mi......... :' .. .. .........:....... :.. .: ~ .... ......:.... \.........:. ~... ....... .~'ti.....:............................':~'v~'$;v «::.: •.: •.:: ............... :}~` ...:. vS,•. .:,.t...:. x......... ...:.. ..v...: fir.:: ••: ::::::....:...•.•:... .; .. ::.~::::::.::::: }:?. \,•'.~`;•::iti ~:`tAi'i:.w::::; vvv:: • :::: ........::: v:: ...: vyv.:.::: :. x. wi..,},.. Xvv..,t•:Y.•..: .. .....:.:v: .:....... ....... :....... .:.a:..:. ......... .....: .. ...:.. .. ..::i:. : .....,. .. ::8.•• ::::v:''~v .;.yam:yy ::a:.:::::.: y .; ~,' . . Protect Topsoil and Minimize Disruption of Existing Plants 8: Trees 1 . ...::. ~:::.. ~# a. Protect Topsoil and Reuse after Construction >':~? ~ 1 1 ,,,,,~,..,_„.,_,.._,~„„~ ....... .::::............ ...... b. Limit and Delineate Construction Footprint for Maximum Protection ti _ E ,,, ,1 2. Divert/Recycle Job Site Construction Waste (Including Green Waste and Existing Structures) «: : a. Required: Divert 50°r6 (by weight) of All Construction and Demolition Waste : ''`' ~c:::>:««««<:<<::: .................. (Recycling or Reuse) (CALGreen Code) .::::::...... ;:~::::::: ............ ~ ...... ... ............y...........n.... .....:....... ,;'!~ b. Divert 100% of Asphalt and Concrete and 65% (by weight) of Remaining Materials ;~': ' 2 ~? c. Divert 100% of Asphalt and Concrete and 80% (by weight) of Remaining Materials '?`:>? i 2 Use Recycled Content Aggregate (Minimum 25%) 3 ~(k;:: . a. Walkway and Driveway Base .....,. <~~z>> b. Roadway Base '<~< { 1 ~i~€i ;;; : 4. Cool Site: Reduce Heat Island Effect On Site <~ `' 1 ~ ..................... tY 9 5. Construction Environmental Quali Maria ement Plan, Duct Sealing, and Pre-0ccupancy Flush-0ut [*This credit is a requirement associated with EPA IAPI J4 ~' `~~"?<~.«~:~~: : a. Duct openings and other related air distribution component openings sha-1 be covered during 1 ~ 1 ~~~~~~~~~`~~~`~~~~' ~~ (CALGreen code if applicable) t ti .. ruc on. cons ualit mana ement Ian and re-occu anc flush out is b. Full environmental q y g p p p Y >>~> 1 conducted Prere uisite is Asa Total Points Available in Site = 12 ';5 :,:• ::ss:•x x}~ ::. A: ~• :~ :i'•t•: rir:..:.y: ..: .. .:. :.... .;:. .; .: ., .. ..: •4 :'• ..: •. :.:.v......:.:.:. ..:.:...:.:.:\vy::: :::::.:.:::::: x: i::::;•ix;;r?.:.y:s:?i: ~..: •:1^:::.:,{.;•:n :.. • ..:.: :.. :....n:...... h .v: i::.i ~.: is %•: ii. • .v.: •~ \.. \~~~.:w..:::::::::...x.. ::::.v.•. 4:v::::::::.:.:::::: r.•::::.av..::.\ v.... ... 'v';.. : ........... :::::~:>:: x::::::: •.::. ........... :: .::::. <':~1. Replace Portland Cement in Concrete with Recycled Fly Ash and/or '[> ~ ~ ':, "~'~`~~~~"~~ ~ ' Sla Minimum 20% ' >~~? 2. Use Frost-Protected Shallow Foundation in Cold Areas (CEC Climate E Zone 16 3. Use Radon Resistant Construction `• ~~<»:: This credit is a re uirement associated with J4: EPA IAP <:>~ 4. Install a Foundation Drainage System ` *This credit is a re uirement associated with J4: EPA IAP 5. Moisture Controlled Crawlspace '"" <.i..<Q> ? € '`~`.~~~~`'~`~~~ ~~~ it is a re uirement associated with J4: EPA IAP This cred ~..~ ~ n and Build Structural Pest Controls Desi 6 )~» g . a. Install Termite Shields & Separate All Exterior Wood-to-Concrete Connections >.:><s~> ``« , _„ ; 1 .,.._.... s::;~Q::;:;z< b. All Plants Have Trunk, Base, or Stem Located At Least 36 Inches from Foundation ~' E 1 Total Points Available in Foundation = 12 Single Family Checklist © Build It Green New Home Version 4.2 Page 1 of 9 Attachment 6 ~ y N ::>::::>:~: _ ~ 7 ~ t= pl : ~ ~ : ': tiz Q - • is i+ ~.: ..::;,v::.v......n•~ .::.i ~ ii: Q'Y'44::; .w •.. \~':•:•:•:::':i;`• ; '.'.h~ 4;:;» . ~:;ti{}{i \:i ~xy ~ .~uaa,av:.aa..,.•.~ .....:...~~ ::.:... .:ii.^v... :.:.v.:.v.. « .;;:.. .:...:... :.....~:..•:.. •... N;. .::.`'~r:.. 'y++.~k4 v v:\. .i:.1. .:: ~. • ~~.\:.:.:.a...v:.~ .TiRY:: .`...:':.. u ::::r.::'':\Y::::}::: t`s::•::•.:v \":;.`::'•."?'t2:....\ v .........,.....::'t;•;•::i..:.+::;';.:t•;::",': ~••• ........... ~::::::::::. :: ..vy'.y':.: •:::.y1:. :. ~.., . .:...• :.: •::':;{;::. :ivy .:: ~ ,,,.{, :n~:tli>'.•:{::i::.'•: tvv::. •:::. :. •xiTiEF.:~~::;::::•r::: Enter in the % oflandsca a area. Pro'ects with less than 15% of the total site area i. e. totallot P ( 1 *3'!6::::;....~. size) as landscape area are capped at 6 points for the following measures: C1 through C7 and C9 1 >*f 1. Grou Plants b Water Needs H drozonin ::.. ~ f 2 ``' ~, 2. Mulch All Plantin Beds to the Greater of 3 Inches or Local Water .:::. g ~' s s . ' ^ ` ?~>.~~::>.<>.»;::<:::z: Ordinance Re uirement ~ '• . 3. Construct Resource-Efficient Landscapes ' ' ::.. ::.. ««<:*les:<z::::::<:::: a. No Invasive S ies Listed b Cal-IPC Are Planted pec y 1 1 ' ::::::::::::::'I~# b. No Plant Species Will Require Shearing b'::'<:'::': 1 "~~~'"'°~~'~~' c. 75% of Plants Are Drought Tolerant, California Natives or Mediterranean Species '' i . ~ or Other A ro riate S ecies 4. Minimize Turt in Landscape Installed by Builder :.~z: a. Turf Shall Not Be Installed on Slopes Exceeding 10% and No Overhead Sprinklers ` ` -- ~~- -~ Installed in Areas Less than 8 Feet Wide - • s«'.'Ei:z« b. Turf is Small Percents a of Landsca Area 2 Points for 525%, 4 Points for 510% 4 ~ 4 ?;':~!`?z;: 5. Plant Shade Trees 3 1 1 i 1 6. Install High-Efficiency Irrigation Systems »s>ss>s:::;: a. System Uses Only Low-Flow Drip, Bubblers, or Sprinklers ~;; 2 . ._ _....j.__•_____...;___•_________~•__ €€€<~£~#3»€€>« b. S stem Has Smart Weather-Based Controller CALGreen node if a livable Y ( ) ( PP ) ':£3'>: 3 ~ ?''fF~~?~> 7. Incor orate Two Inches of Com ost in the To 6 to 12 Inches of Soil `:. f 3 8. Rain Water Harvesting System s ><<I~IQ«<€«« a. Cisterns is Less Than 750 Gallons 1 :~~;':;;~ b. Cistern(s) is 750 to 2,500 Galons ''''t3''<' 1 <~t5';.:,;> c. Cisterns is Greater Than 2,500 Gallons ©L;; 1 <....'4'~a..:<` r 9. Irri ation S stem Uses Rec vied Wastewater 1''_>; ~ 1 :<z:`~I~I~€ __ _ 10. Submetering for Landscape Irrigation >:>~;`' ;', 1 E 11. Design Landscape to Meet Water Budget _ '~~'""'~~~~~~~'~`~~ a. Install Irrigation System That Will Be Operated at 570% Reference ET :::::::::::::::;::::;::;::::::;::::;: (Prerequisites for Credit are C1. and C2.) ;; .::: ` ` b. Install Irrigation System That Will Be Operated at 550% Reference ET Prere uisites for Credit are C1 C2 and C6a or C6b. :«: 12. Use Environmentally Preferable Materials for 70% of Non-Plant Landsca a Elements and Fencin P 9 E A) FSC-Certified Wood, B) Reclaimed, C) Rapidly Renewable, D) Recycled-Content Fin er-Joint d or F oval ~~~'~~`~`~~'~'`~` 13. Reduce Light Pollution by Shielding Fixtures and Directing Light Downward Total Points Available in Landsca = 35 <2 y 1. Apply Optimal Value Engineering «<€:<'..: ~>«€€ a. Place Joists, Rafters and Studs at 24-Inch On Center >::£3::: '• ~ b. Door and Window Headers are Sized for Load '( >''' 1 :.:.:::'-`:;;;:>ss:: c. Use Onl Cn le Studs Re uired for Load ',~;<;<~~~~ .~ ..........:..... _.....k;.kk._k__. ~.____ ~ s 1 2. Construction Material Efficiencies ~~'~~'~~'~~'~~'~~'~~''' :: a. Wall and Floor Assemblies (Excluding Solid Wall Assemblies) are Delivered "::: :::»: Panelized from Supplier (Minimum of 80°k Square Feet) < - ..::: zzzz:......~~... _<?: b. Modular Com onents Are Delivered Assembled to the Pro'ect Minimum 25% ~ .. ....._......~ ...........f_..______..~.... ~ ................. .. 3. Use Engineered Lumber :.;:.;:.;:.::.... ;;::;;;::;::'t'om:;;» a. Engineered Beams and Headers '[::: : 1 E «<'>:<:':~:<>'>:'>:'>:<:: «:: b. Wood I-Joists or Web Trusses for Floors ^~ >?>;1»» , 1 «<«:<::Nci:»>«<:: c. Engineered Lumber for Roof Rafters Q : ~~~~~ %~~~ ~~~~~~~ 1 >::::>:>>::~a?~`:.># d. Engineered or Finger-Jointed Studs for Vertical Applications t3 ` 1 ... »~'~*a9~?~~~>>~ >< e. Oriented Strand Board for Subfloor ~~~~--< ~-.._.).....~_.; ............:.....~...._.__. ...._ ~'.......:: f. Oriented Strand Board for Wall and Roof Sheathin 1_rr_ 's 1 .~e<z`:. ...... 4. Insulated Headers Q,>~'` 1 5. Use FSC-Certified Wood >«<i31Q><>':'.>~ ::::. a. Dimensional Lumber, Studs and Timber (Minimum 40%) "£3' _ 6 ::z::z::i::::s.:~q:~«<: b. Panel Products (Minimum 40%) >::::>:!3`<:> ' 3 Single Family Checklist © Build It-Green New Home Version 4.2 Page 2 of 9 t N .:::. ~ 3 d ~ ID ~ ~ r :::;::ii: ::.:: i-:i:AE:: ': 9+ 7 ~ E Gl = ~ d 9 :;~~: ~ L ~ a + ~ d (f H R '~`' ' ~:OG:::: ~ ~:: V W Q D: 6. Use Solid Wall Systems (Includes SIPS, ICFs, 8, Any Nonstick Frame Assembly) :::.. ««>i~l>;i:>:zz<< :::.. a. Floors Q E € 2 . ::«.: »»>:~1'sl>3.»>~ b. Walls 0:.::::: ,.:,:;;::;:. r ............ ! ~ ...2 ......... ............f...........4. .......... ...... ..::v :::•. :::::>::~~<::>` c. Roofs >s's~1!> 1 >': 7. Energy Heels on Roof Trusses 75% of Attic Insulation Hei ht at Outside Ed a of Exterior Wall ~~. 8. Install Overhangs and Gutters .:::::::::::. ............ <;:~~::::<::::~ a. Minimum 16-Inch Overhangs and Gutters '::>::::4> E •I .....4...........4. :>~~ b. Minimum 24-Inch Overhan sand Gutters >::>::~ 1 9. Reduce Pollution Entering the Home from the Garage [*This credit is a requirement associated with J4: EPA IAP] <'' :'>I~~~ii Install Garage Exhaust Fan OR Build a Detached Garage a i1> s 1 . b. Tightly Seal the Air Barrier between Garage and Living Area (Performance Test i 1 Re uired Total Points Available in Structural Frame and Buildin Envelo = 39 «;?~; • •::::1•:::::::::.h L .::::::::::::::: ?::•:::{,..\......rv:::: ru...~•::: rr. ~ ..:.:.:.:v .. vv::::::.:.av::::::::+:: r::::..•..:}\\. v...+r.::::...... \....:::::::.......... r..:\ .:: : <z?;)~~':<;': 1. Use Environmentall Preferable Deckin ~" E '• 2 '• 2. Flashing Installation Techniques Specified and Third-Party Verified 1 ~«<?::: *This credit is a re uirement associated with J4: EPA IAP z'€€<~i~«<z« 3. Install a Rain Screen Wall S stem >~ ' 2 ~~* 4. Use Durable and Non-Combustible Sidin Materials >'~ ~ 1 '• >*f:~<€<~ 5. Use Durable and Fire Resistant Roofin Materials or Assembl <^<~' ' `• 2 `• Total Points Available in Exterior = 8 .. .. :...... r.:.::::::...... .... :. • $l.•.•.:• <•:? •+. ${:?. :•;~.. `i :•,k . :...•,.,:: ~::•. s.,:w::•:. ...... ~`•. •,.•... :::: ..... •: • v:::::: r~ .::,,,::::::.:.v:..v:::u~•.,,::::v;:.:•:... •: .:::, .::::. :'t'~•s ,: . : : : ::: x .,,... :<,:.: •. :~.;• .. .. ..... . . . . ...:... .. :rr . .. .. :.... ..::: r .. ..... :....:.:.... Install Insulation with 75% Recycled Content 1 . #)~i~>#>~< a. Walls »'~`„ . _...... _.,..,...,.4...... '.Ni~<>:::>:::~: b. Ceilings -~ ::. ;.,, ,,;? ..1 _~......~,,... ... .. .... :: G««<'~€: c. Floors ~ ~ Total Points Available in Insulation = 3 iD .•x.•: y.• :.:::.. .,... ••~ 4 ~'v~ •:r\ • .: .:.,.••;:•r:. .. .... ........ , •r:•x.. :•: •: ::r..... rrrf ::..:...rr.E ..:::::' .. :.': .'• . . h ` ` ' ' ' :~iiiiiiiiii ::.::....... r? .~ , .;.,+`~ t :::•: : •. O .•.,::.....::•~ •:•. .,. :~:»...: ... . .. '~.:,•:~:.. `•. {•,$.'•:•::.,t:,,:?::•:r•.: ?....•: .::::rr:::::.,....,,. ..::::::.•»s...::::::rr::::33 ,.,,k . u•:'?.:::::$::. ?.; 1. Distribute Domestic Hot Water EfFciently is a Prerequisite for G1 b~) 5 points G1a (Max , . . a. Insulate All Hot Water Pipes ' "'' '' t [*This credit is a requirement associated with J4: EPA IAP] E .... >:>]`~0>»>~> b. Use Engineered Parallel Plumbing ........... ............v...........a............. f~;~ c. Use Engineered Parallel Plumbing with Demand Controlled Circulation Loop(s) «:::~ € d. Use Traditional Trunk, Branch and Twig Plumbing with Demand Controlled 1 2 I Circulation Loop(s) `''~~>€??":: e. Use Central Core Plumbin ;>;;:;:;4::: 1 1 '• 1 2. Water EfFcient Fixtures a. High Efficiency Showerheads 52.0 Gallons Per Minute (gpm) at 80 psi. (Mukiple showerheads '' 3 `° ` ~~'~::>::::>'s's's's's»::::>::>: shall not exceed maximum flow rates) (CALGreen code if applicable) ~::::::::. ~ :. »,..,,.. .y...........o ............:............. ....... ................ :>:>'~~is«>~~ b. High Efficiency Bathroom Faucets 5 1.5 gpm at 60psi (CALGreen code) >::::>:1 1 i ._ >ti'«<> c. Hi h Efficient Kitchen and Util' Faucets 51.8 m CALGreen code if a licable 1 ~ 1 >'> 3. Install Only High Efficiency Toilets (Dual-Flush or 51.28 Gallons Per ii ` E 2 Flush Gree code i lica le Total Points Available in Plumbin = 12 ;;7'> . •v ........ r.: •::•:••::::::.. \`•....... .. :. .. .\v:•:::•r:;•::::.,..•:r.:rtr,::: ...v::: irv:,?..:.i.:.. ...::::: r.:.::: aa.:::::: } . : v .• ........................: •....:. v: r:::: : ::::: ::::::..... ,.::.s:::::::: ~j }l: . :iijj{~::•i':: v. :::F::•. . . ... . •. •. ......... ............ ... :. .. •.:. ... ::: 1. Pro rl Desi n HVAC S tem and Pertorm Dia nostic Testin a. Design and Install HVAC System to ACCA Manual J, D, and S Recommendations (CALGreen ,fjj. .... ~'`:?t~»>~~? code if a licable Pp ) ~ 4 i ~~~~>~ f*This credit is a requirement associated with J4: EPA IAPI .. =" ` b. Test Total Supply Air Flow Rates >. .:~` ~ 1 # .. . [ This credit is a requirement associated with J4: EPA IAP] . '"""'"' ` ?~ c. Third Pa Testin of Mechanical Ventilation Rates for IAO meet ASHRAE 62.2 <;'[;; 1 Single Family Checklist © Build It Green New Home Version 4.2 Page 3 of 9 ~` ~ ~ s ~ H ~ .. d ~ ~ d ~ E a`, H °= l0 V W Q ~ 2. Install Sealed Combustion Units [*This credit is a requirement associated with J4: EPA IAP] a. Furnaces ';;' 2i!i!`" b. Water Heaters 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. Install High Performing,Zoned.Hydronica2adiant Heatin~,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, :::::::Ct'.ass. ......... ..... .. . 4. Install High Efficiency Air Conditioning with Environmentally ~ ', ',' 1 5. Design and Install Effective Ductwork «<' <<f~ii~«<<`.> a. Install HVAC Unit and Ductwork within Conditioned Space 0 ' ' 1 s `` b. Use Duct Mastic on All Duct Joints and Seams 1 ' `• 1 ~ ~ [*This credit is a requirement associated with J4: EPA IAP] ' . g i ~ ' m, ._ «<::::::««<z«< c. Pressure Relieve the Ductwork System ~ ~ This credit is a re uirement associated with J4: EPA IAP <<< 6. Install High Efficiency HVAC Filter (MERV 6+) ; E *This credit is a re uirement associated with J4: EPA IAP ~ »> 7. No Fire lace OR Install Sealed Gas Fireplace(s) with Efficiency P '• ~h~ir~»> 0 > Rating 60 /o using CSA Standards `:D ~ ~ 1 ~ * This credit is a re uirement associated with J4: EPA IAP } ': 8. Install ENERGY STAR Bathroom Fans on Timer or Humidistat (CALGreen code if ,[ III ' @ 1 ': .~.~ e 9. Install Mechanical Ventilation System for Cooling (Max. 4 Points) ::'>::::>::::>:::IdL+::::s#>::»::: a. Install ENERGY STAR Ceiling Fans & Light Kits in Living Areas & All Bedrooms s:~s ~„1,,,,.F ........................4. -"" ~-~'~~ b. Install Whole House Fan (Credit Not Available if H9c Chosen) (CALGreen code if applicable) " E ......... .........H ...._-__-__ ><'1'(~»>>: c. Automaticall Controlled Int rated S stem with Variable S eed Control :::a)"`' 3 10. Advanced Mechanical Ventilation for IAQ _ _ "` """~'~~'~~~: a. Required: Compliance with ASHRAE 62.2 Mechanical Ventilation Standards (as i E!R adopted in Title 24 Part 6) [This credit is a requirement associated with J4: EPA IAP] b. Advanced Ventilation Practices (Continuous Operation, Sone Limit, Minimum ~~ ::::::::::::::::::::::::::::::: Efficiency, Minimum Ventilation Rate, Homeowner Instructions) >::::><:>:::> I ::>::~ik::<:>:~:>:'::: c. Outdoor Air Ducted to Bedroom and Livin Areas of Home f1 ` 2 '?: 11. Install Carbon Monoxide Alarm(s) (or No Combustion Appliances in Living I "" ~~~1`s'###'#~ S ace and No Attached Gara a P 9) `:`:`:`:`:`:"I':`:': 1 *This credit is a re uirement associated with J4: EPA IAP Total Points Available in Heating, Ventilation and Air Conditioning = 27 > >~~>> 1. Pre-Plumb for Solar Water Heatin 2. Install Wiring Conduit for Future Photovoltaic Installation 8~ Provide c~ttset tnergy consumption wit (Solar PV, Solar Thermal, Wind) Total Available Points in Renewable Energv = Single Family Checklist © Build It Green New Home Version 4.2 1 .I 25 Page 4 of 9 t N 3" y ~ r ~ • :. : : ~:ii ~. E ~ = 3 V. L ~ :~ : : 1L' r. ~ ~ ~ w 4 1 ~ C C ~ $ :::: '' X / ~ • U W Q Y. • ~ x:•.• '•' .v ... ~• Y}r{}. •' ..::. 'k\~4. : : \h }vh'i..:.v ..:•x \~•~., iS ..... • ....•. ; 1 :n•• ~;S {.:•{ ~~~~. .{ .::,':Y: 'tiC'4,. ~ Y ::,.. `h`i+~`Y:::: 4; ~..:.~.~•`.•`::.'•3 u`''\. '\ ' .\\ik3`.. \~'~.t:r:xx .vJi1 %% \'j~,3{`Y': .\\`Q ' 1. Building Envelope Diagnostic Evaluations ... a. Verify Quality of Insulation Installation & Thermal Bypass Checklist before Drywall I «~::::>:«««««<:::>::>::>: [This credit is a requirement associated with J4: EPA IAP] >: `• ' ..... ...... ...... .........4....v...,... b. House Passes Blower Door Test I <`~<:>:«:»:«<:::>:<:>::»:<:: [*This credit is a requirement associated with J4: EPA IAP] ~ ' ~ ` Blower Door Results are Max 2.5 ACHso for Unbalanced Systems (Supply or Exhaust) c , ;. . or Max 1.0 ACH50 for Balanced Systems (2 Total Points for J1 b. and J1 c.) 1 1 E ....... .. ... ............ :. 4 . kd ft T t S f B >?(1 ' E 1 :<fJ~ ac ra es a e d. House Passes Combustion 2. Requfred: Building Pertormance Exceeds Title 24 (Minimum 15%) '2 30 ~~~"'`" '' ent Better Than Title 24 Points for Eve 1 % Better Than Title 24 Enter the Perc , E «' 3. Design and Build Near Zero Energy Homes ~ 6 Enter number of oints minimum of 2 end maximum of 6 ints ~~~ 4. Obtain EPA Indoor airPlus Certification 0 i Tofa142 oints not includin Title 24 erformance~ read comment >«: ~~ e ared and Si ned b a CABEC Certified Ener Plans 5. TiNe 24 Pr P 9 Y 9Y ~ E 1 ` ``~ ~~~~~~ ; ~~ Examiner CEPE 6. Participation in Utility Program with Third Party Plan Review «:: ` a. Energy Efficiency Program i • >~~: :6:5:# >;::::;;::;:::<««««:~ * J4: EPA IAP [This credit is a requirement associated wrth ] 4:~::: :...... : : :i . ........... •~ { ........... ...........'............~............4. . b. Renewable Energy Program with Min. 30% Better Than Title 24 (High Performing . : . : . Home Total Available Points in Buildin Performance = 45+ ?!'`35' ~ :..... x.......:::...... .::. {.uv .~...~. ... ~ii•..:.:..::::::::::::. .; •~, ., :{4\ ...................... .~..:.•:.: ~'v.4}i:::.a.y::.:~x :::~.ti :~.....x .......... ii n\•: {{.S}i41:{r. #~f35?~~ ~» 1. Desl n Ent a s to Reduce Tracked-In Contaminants >;,>j,'1;:: 1 Use Low-VOC or Zero-VOC Paint (Maximum 3 Points) 2 . a. Low-VOC Interior WalUCeiling Paints (CALGreen code if applicable} '~''?~ <50 Grams Per Liter (gpl) VOCs Regardless of Sheen) "[<'?? 1 E 0 o [*This credit is a requirement associated with J4: EPA IAPI ~ . ........~. I <:-_^`~?'i?eS;«'> b. Zero-VOC: Interior WalUCeili Paints <5 I VOCs Re ardless of Sheen >~~~> ..... ` 2 << 3. Use Low-VOC Coatings that Meet SCAQMD Rule 1113 (CALGreen code if applicable) ' '~ i 2 This credit is a re ulrement associated with J4: EPA IA :>~: - nstruction Adhesives and Sealants that 4. Use Low VOC Caulks, Co I Meet SCAQMD Rule 1168 CALGreen code if a livable .,.; ".`~~i~#EE»»> ........ .. 5. Use Rec vied-Content Paint 0'':`> 3 6. Use Environmentally Preferable Materials for Interior Finish A) FSC-Certified Wood, B) Reclaimed, C) Rapidly Renewable, D) Recycled-Content or E) Finger-Jointed F) Local `''' .... ::>~~ a. Cabinets (50% Minimum) ~ 3 `• :: ts:~»::<::: b. Interior Trim (50% Minimum .... ;.,.... ,..., ........... . ............8...........4.......................... i ::::::: ~<~~»<; c. Shelving (50% Minimum) ~ , 2 «.... No........:'. d. Doors (50°k Minimum) ~ ' ' ' ............ ........... ~.................~....;............ «<<:h1ti<::«<:: e. Counterto s 50% Minimum ' ', >. `:`:~><; 2 ~:»~ 7. Reduce Formaldehyde in Interior Finish -Meet Current E om osite Wood TCM for C Airborne Toxic Control Measure A CARB ( ) P ' ~ `~`'~' Formaldehyde Limits by Mandatory Compliance Dates (CALGreen code if applicable) € *Thi credit i uire nt associated wit J4: EP IAP 8. Reduce Formaldehyde in Interior Finish -Exceed Current CARB ATCM for Composite Wood Formaldehyde Limits Prior to Mandatory liance Dates Com :::::::::..~cz:<::<«<: p a. Doors (90 /o Minimum) ,::: ........................' ' ...........4....... ..... .;:.;:. :>::z#;:Ikl~:::~ ::::. ........ ... . b. Cabinets & Countertops (90% Minimum) ~:::: i 2 ::::>::::>::»>~t•~€€?':?~ 0 . c,_ Interior Trim and Shelying_.(90 /o.Minimum~. . .. ........................................................................... 1 - E ~ ' 9. After Installation of Finishes, Test of Indoor Air Shows Formaldehyde ~ © 3 (~~ : :::::::: : Level <27 b Total Available Points in Finishes = 27 $!;:::: Single Family Checklist © Build It Green New Home Version 4.2 Page 5 of 9 ~ ~ d ~ ~ ~ ~ s . „„' ~ ~ E m ° ' >::c::; ' ~ O ~ ~F:: : ~:::' :: a ~ v w - .:l.; i/,/v{ .v, {.n }:r'.da,~i$$r !$i{:.• '''rv..: ~{.~• \~.:. u. : `~v::v»Y.••' v ;,: ~.x.v:. tit :.•. vv \ v.....4, ::::::::::: ': :.::::::::: ~:v~'v.•}}}:sv;•}.3Nr.. :. '•\: •lU•....A•:iti .v .............: v .4\:.::.:...., ::>€:: 1. Use Environmentally Preferable Flooring (Minimum 15% Floor Area) ~ - i e R idl Renewable A FSC Certified Wood B Reclaimed or Refin sh d C a . ) P Y . : D) Recycled-Content, E) Exposed Concrete, F) Local. Flooring Adhesives Musf ;,.;: s i ~ `• I :<':~d~«: 2. Thermal Mass Floors Minimum 50% 0?,:::`.; # 1 • 3. Low Emitting Flooring (Section 01350, CRI Green Label Plus, j ~~ ~ 2 E ~r Floorscore *This credit is a re uirement associated with J4: EPA IAP ««««>~ »»»'~~ ~~'~~~'~ 4. All carpet and 50% of Resilient Flooring is low emitting. (CALGreen code if livable I Total Available Points in Floorin = 8 ,,, ~.:;;:; .. .v.•., •v ..::::.::: ::: ..•:v+.•:::: ..n.....;;•:{:v'{v....: h:....2•... v.v:: v:S}r:::.. ~:ti:ry::x.. \\vti:$$$$::$$$.. \ti..vx./ .:..n•:. v ..:::::: }: vv •...:. : : .. ... .. .. .... •. .w :...:. .:.::.aa:;. •. 4\\v.ti.,'.}}::.}}}:•::..v.. .. i•::•}:•}:•}:v. ~•i$$$$$$i}'i {rk :•}$$:•} :i:: :. .. :: ~Ij~yp~ .: •........ ..n....n.....::.:.:..:..:::• $$i' • .. <'f;~S 1. Install ENERGY STAR Dishwasher Must Meet Current S ecifications ... _,2>~ `! .... s 1 1 2. Install ENERGY STAR Clothes Washer . '' '' `~~~~~~~~'':: a. Meets ENERGY STAR and CEE Tier 2 Requirements ,:, . ::>:;:;>;:.~::~ ~>'s's:. (Modred Energy Factor 2.0, Water Factor 6.0 or less) ~ • b. Meets ENERGY STAR and CEE Tier 3 Requirements '''' Modified Ener Factor 2.2 Water Factor 4.5 or less 3. Install ENERGY STAR Refrigerator ::::::::::::?ff=»<`:; a. ENERGY STAR Qual~ed 8~ < 25 Cubic Feet Capacity :::t;; i 1 E '• z)~;;i b. ENERGY STAR Qual~ed & < 20 Cubic Feet Ca aci ««:t)<> 1 4. Install Built-In Recycling Center or Composting Center ::::>::>:;>:=:~: ~>'s's's.'s.'s.'s: a. Built-In Recycling Center >:::~: i : _ 1 .._.y.. f.. ~~<»>, b. Built-In Com ostin Center '`:`: ~s , ! 1 5. Install High-Efficacy Lighting and Design Lighting System :::::::::::: :::. >~'i*a~?~»» «<:... a. Install Hi h-Efficac Li htin 9 Y 9 9 1> ? ........... 1 .......... ...........k........,,..;............. i S d d i L h C ,,,,,,,,H C i~««« >f') b. Install a Li htin S stem to IESNA Footcandle tan ar s or H re i tin onsultant ;:;:;: 3; 1 Total Available Points in A liances and Li hti = 13 :..$:... r.:~ .{..,v. ..\•4 }, •kiy }:•4.:}.~•i•'•. ~'•. x,•..~•v. ..•'hi•. ?t>v ti:$ :i^4 ~~'$•'.•:$Y• .. ... .... ..... .... ...... ...... ........ ..... }: •:::.....::}}: •.~::.. ... •:::: ::: ::. ~~`~ ~~~` 1. Required: Incorporate GreenPolnt Rated Checklist in Blueprints f «««««««<«««<>: *This credit is a re uirement associated with J4: EPA IAP ><':'t~e<€: 2. Pre-Construction Kick-Off Meetin with Rater and Subs <<1;;; 1 , <:<:€:: 3. Homebuilder's Management Staff are Certified Green Building 1 i ~ Professionals 4. Develop Homeowner Education a. Develop Homeowner Manual of Green Features/Benefits (CALGreen code if applicable) * This credit is a requirement associated with J4: EPA IAPI I b. Conduct Educational Walkthroughs (Prerequisite is N4a) [*This credit is a requirement __,_ i A IAP ` ::>: : : i€s€4€''€ 5. Install a Home System Monitor OR Participate in a Time-of-Use i'Q 1 p : >: Prlcln Pro ram Total Available Points in Other = 6 4>;, ....::: .: .. .... .: : .}:ti..: •{x.}:ti•. ti•.i:vi•}}•.., ., ...qv: rrx..v ': •.: v,.:.:•.: •: t{v:•:•:•}:i.;.;.; •:.:•.•:.•} vvvv::: v. •., ::!oi:.i:!~:.: 4 ::rte.: r.: r:: x::. ... \.... :::: {... .. k:. .. :::::::::::: ~:::::::::::. n .. ...::vn.•:.•a::• 1. Develop Infill Sites :.;:.;:.;:.;:.;:.; ::::: ~:;:;: a. Project is an Urban Infill Development s3; :.. . 1 - ~ ~ ~ ~ { »~~~~~] b. Home s /Develo ment is Located within 1 /2 Mile of a Ma'or Transit Sto ,.. .. .... Q ........... 2 w...~.... .........w, ,,,.. ..,.. ............. E >N~<~~«< 2. Build on Desi Hated Brownfield Site t3 3 i 3. Cluster Homes 8 Keep Size in Check :::::;:.: ~:::::::; a. Cluster Homes for Land Preservation >::C3> 1 i 1 € ««::«::<::.. Pi::<'sz?<::z:: b. Conserve Resources by Increasing Density (10 Units per Acre or Greater) .:::::...... ;::;:53 2 ; ~ 2 c. Home Size Efficiency ;:;:;~ 9 2398 i. Enter Average Unit Square Footage 4 ii. Enter Avera a Number of Bedrooms/Unit Single Family Checklist © Build It Green New Home Version 4.2 Page 6 of 9 Z N r «' '' ...... i:c:> C w d v 3 ~ N 7 s . • '~~:::::~~~ ~ _ 1= ~ _ d ~ +C:':'; ~'>'~' d N O L ~ d ~ Q ' G U W 4. Design for Walking 8~ Bicycling a. Site Has Pedestrian Access Within 1 /2 Mile of Community Services: r of Services Within 1/2 Mile TIER 1: Enter Numbe Public Park 4 Dru Store a Care 2 Commun• Center 3 1 D ) ) 9 >~< ) Y ) ~Y 5 Restaurant 6 School 7 Librar 8 Farmer's Market 9) After School Y ) 10 Convenience Store Where Meat 8 Produce are Sold Programs ) TIER 2: Enter Number of Services Within 1/2 Mile hi 3 Laund /Cleaners 4 Hardware ce of Wors 1 Bank 2 Pla ) P ) rY ::>::>::>::s::>: 6 Fitness/G m 7 Post Office 5 Theater/Entertainment Senior Care Facili 9 Medical/Dental 10 Hair Care 8) tY ) ) ercial Office or Maior Employer 12) Full Scale Supermarket 11) Comm i. 5 Services Listed Above Tier 2 Services Count as 1/2 Service Value `` "[<> 1 € ii. 10 Services Listed Above (Tier 2 Services Count as 1/2 Service Value) >:::1 ~ 1 I _,,, ~~ b. Development is Connected with A Dedicated Pedestrian Pathway to Places of ' Recreational Interest Within 1/4 mile :.::::::::.: c. Install Traffic Calmin Strate ies Minimum of Two): 9 g ( ............. s - e Present on Roadwa Desi Hated Bic cle Lanes ar , Y Y 9 - - Travel Lanes• Ten Foot Vehicle >Q<'? 2 Feet A art' ted Less Than 300 - ' e are Loca sest to Sit treet Crossin s Clo S g P , E # i Design for Safety 8~ Social Gathering 5 '>'> ':`:': . a. All Home Front Entrances Have Views from the Inside to Outside Callers ``~'~ .,..3„ ~ ........................s........~..:;............. b. All Home Front Entrances Can be Seen from the Street and/or from Other Front .~ ~ Doors .,..,,,. ......... ....... .................... .......... ,. .. «.k.. :::::::... ...... ?«««>:*l::es<'s.z: c. Orient Porches (min. 100sf) to Streets and Public Spaces 1::>. 1 ...,~.........._. <~':~~-;:>:>:«::: :.;:.:: d. Develo ment Includes a Social Gatheri S ace ~~~~i4>:><: 1 Design for Diverse Households (6a. is a Prerequisite for 6b. and 6c.) 6 '' `:>:»>::~!IG::>::>::»:> = . a. All Homes Have At Least One Zero-Step Entrance b. All Main Floor Interior Doors 8, Passageways Have a Minimum 32-Inch Clear £3:.: `:``~> 1 1 ~ ....._..~.. :;»: . ~ ' :s:::::::;::::;:>:: Passage Space :« I':1~s<€<»: c. Locate Half-Bath on the Ground Floor "`'~ ` 1 ` ~~~ ##<':#t~Q~<~<~~<# d. Provide Full-Function Inde endent Rental Unit ``0;;<' 1 Total Achievable Points in Communi Desi n & Plannin = 35 ....... ............. ........... ......... ..::.:.....: •.:::x :::::::v::::::::.:::.....:: v •. v v..v..... ••:::::: •:::::.:: ......... .. ......... ...... ............. :.::aa....:.., w:.•......n.:.....::~.an......:.... v........ x:... ... .. v.vv x ............. x..: ........ ..... .................. ........ :::::v::;: }. vv :::::.:.v:::::x::::::.a,•:.~:... x::,.••: ... .. h....:....: .......... .. ... .. ... ........... .......... .........v.........:::.:..:...vv.:......:..::::::: x:::.+:....:::::.: ~•.•:.:.:::: ~v:... .. ..1 ................... ....: n.....:.:. :... \.........::.......... x.....:..........:..... ...; ..................... ....... ....v ......::::.::: .. ....... r....:..........3 ~'•..... ......v ................ ....................... t.~ •.•..:..•... kn...:... .. : .................. ............ ...... ............:... ........................ x..:................ r..::::.....::: .. v....... .1 :.. n...•w. v:pw:::::14\~~...:.•"•::::.:.4••.. ~'•::.w:::::tiv:'•. x::'M:::.:: : ........::::a.:::4......::::.:.:.: .........~.:..:... vv v::.•...:....... ............ ............ ........... ............ ............ ............ ... \v •::au.'•; v.:;•:: •::nv :.av: •:::.v:::1:;:• ..... x... v ... ...... ..::..;; ........ ...: :...:..:~~.. •:. iii{.: i:• A. Site 1. Stormwater Control: Prescriptive Path (Maximum of 3 Points, Mutually Exclusive with .::.......... PA2 ) ««««::::I!)~««<:: . a. Use Permeable Paving for 25% of Driveways, Patios and Walkways ~3~> .....~ ................~........................~............ <:<fi1~<z b. Install Bio-Retention and Filtration Features '>~ ::;::<z;;;;:~tr.:::::: c. Route Downspout Through Permeable Landscape >::~» ,,,,~ ............ :>:~~><: d. Use Non-Leaching Roofing Materials `:`>:'~' 1 #Np>?<~: include Smart Street/Driveway Design e `::;sQ::::>" .l `• «<: . 2. Stormwater Control: Performance Path (Mutually Exclusive with PA1): Perform Soil " ................ Percolation Test and Ca ture and Treat 85% of Total Annual Runoff Landscape C [> . :<€«:'f#:<:«<: 1. Meet Local Landsca a Pr ram R uirement ~`:` ` ~ 2 D. Structural Frame & Building Envelope Build and Maintain Structural Pest and Rot Controls Design 1 '' <'~';f€<' , . a. Locate All Wood (Siding, Trim, Structure) At Least 12" Above Soil >>»`~<'Is~; # 1 ~~~~~~~-~~ ~ b. All Wood Framing 3 Feet from the Foundation is Treated with Borates ~ 1 `~~` Made of Wood (or Use Factory-Impregnated Materials) OR Walls are Not > »~ terials in Wet Areas: Kitchen Bathrooms, Util' Rooms, and 2. Use Moisture Resistant Ma ~Y 1 `'""~~ ~.~'"~''~ ~~ ~:: ~~ ::~~ 's credit is a re uirement associated with J4: EPA IAP Basements *Thi : Exterior ~ .. E . ....;<<#:)•##Q. 1. Vegetated Roof (Minimum 25%) ' >":£f::<::: 2 # 2 # Single Family Checklist © Build It Green New Home Version 4.2 Page 7 of 9 N C v ~ d 7 ~ 1= d N + ~ a ~ V W Q D: G. Plumbing >«i~;~<~;<<;€: 1. Greywater Pre-Plumbing (Includes Washing Machine at Minimum) ;;>~ € € 1 €«<~'.~lQ>: 2. Greywater System Operational (Includes Washing Machine at Minimum) >~> 2 €«'.;l~e: 3. Innovative Wastewater Technology (Constructed Wetland, Sand Filter, Aerobic System) ;<;i~;; 1 #'~0::::::;_:<_:::: ::::: 4. Composting or Waterless Toilet >~:::>: ;::::.;: ~I~:;;;;~i: 5. Install Drain Water Heat-Recovery System _ tj:?..>` 1 :z«<::N4:::::::<::z <: 6. Install a Hot Water Desu erheater >.::>Ej's'. 2 l H. Heating, Ventilation, and Air Conditioning '""~`"'~~'`~~;: ""`.v..:<:,"""' 1. Humidity Control Systems (Only in California Humid/Marine Climate Zones 1,3,5,6,7) ('This credit is a requirement associated with J4: EPA IAP] ~ ~ 1 ' €«<~~€l~d~:>:::>'~ ~~~~.~ ~~ ~ ~ ~~ ~ ~ ..~ 2. Desi n HVAC S stem to Manual T for Re ister Desi n '!~;i. '' 's 1 K. Finishes «<~lF««> 1. Materials Meet SMaRT Criteria Select the number of oints u to 5 oints ;0:,'' S N. Other ::'.i?~iass 1. Detailed Durability Plan and Third-Party Verification of Plan Implementation 0 2 2. Educational Signage of Project's Green Features ::::;':':i~.~s<z a. Promotion of Green Building Practices `:~`: <:' 1 ~. µ >~':>~iti! b. Installed Green Building Educational Signage ~4 1 ~ 3. Innovation: List innovative measures that meet green building objectives. Enter in the number of points in each category for a maximum of 4 points for the measure in the blue cells. Points achieved column will be automatically fill in based on the sum of the Total Achievable Points in Innovation = 33+ Home meets all applicable CAL Green measures listed in above Sections A - P of the GreenPoint y::::;:EXEE~.::::.::: td " R ':'.`•«<::««::«:::>::::>::::>: Rated checklist. ~ ` e o owing measures are man a ory in a reen co a an ono eam pom s ~n e GreenPoint Rated Checklist, but have been included in the Checklist for the convenience of jurisdictions. The GreenPoint Rater is not a code enforcemenf official. The measures in this section maybe ?:';;.''!fps::>:?%««: 1. CALGreen 4.106.2 Storm water management during construction. ;?~:::>: € >:: 3. CALGreen 4.303.1 As an alternative to perscriptive compliance, a 20% reduction in baseline :::sz: water use shall be demonstrated throw h calculation s :»>: 4. CALGreen 4.406.1 Joints and openings. Annular spaces around pipes, electric cables, conduits, <:::. or other o nin sin lates at exterior walls shall be rotected € <':;~:~:~ 5. CALGreen4.503.1 Gas fireplace shall be a direct-vent sealed-combustion type. Woodstove or `:;;'; ~ . <~ 6. CALGreen 4.505.2 Vapor retarder and capillary break is installed at slab on grade foundations. 5i';;; E <''fP~€####;':;; 7. CALGreen 4.505.3 19% moisture content of buildin framin materials '~4'>`i :::.. ..:.. "''~' ~~'`~' 8. CALGreen 702.1 HVAC s stem installers are trained and certified in the ro er installation of ' Total Available Points in Specific Categories 35 g6+ 44 110 56 Minimum Points Required in Specific Categories 50 0 30 5 6 9 Project has not yet met the following recommended minimum requirements: -r•_.;ii: ;i•'., °P'~• 'ri'E?)s•.': ~itS":: ~;+`:: ~ ~::"s' i:•L';;f{~~ti , . , vC„ "i:r,~:r•,:,..,.. ,.. ',~ %; f. R .'<K,[s ru ,C; ;', ffr .. ' !c:r::;:r,... ~ : ' r...;,. -. ~~~ r;+:;-~: ~~ ,"-s::, {r Single Family Checklist © Build It Green New Home Version 4.2 Page 8 of 9 Single Family Checklist © Build It Green New Home Version 4.2 Page 9 of 9 .~ .. .. .... '; i%i;. ~2:iL'S=' !•.. %::'f`st"~'!!%: 3'Y <i'.'(i affr•::!:~... Iy{i f};i, '~?'%i;... ,v;:~... !iii. ..: li.S ... _,... .. -, ~... '~v..,,:y. +~% RESOLUTION NO. 12-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT A CEQA ADDENDUM FOR THE PROJECT PROPOSED FORA 3-ACRE SITE ON BRANNIGAN STREET NORTH OF GLEASON DRIVE WITHIN DUBLIN RANCH (APN 985-0052-021) PLPA-2011-00039 WHEREAS, Lennar Homes of California, Inc. ("Applicant") submitted applications fora 3- acre site located along the west side of Brannigan Street north of Gleason Drive ("Project Site"). The applications include: 1) General Plan and Eastern Dublin Specific Plan amendments to change the land use from its current designation of Public/Semi-Public to Medium Density Residential; 2) Planned Development rezoning with related Stage 1 Development Plan Amendment and new Stage 2 Development Plan; 3) Site Development Review (SDR) to construct 19 single-family detached homes; 4) Vesting Tentative Tract Map 8093 to create 19 residential lots; and 5) Development Agreement. The Project Site and the applications are collectively known as the "Project;" and WHEREAS, the Project site and currently is vacant land; and WHEREAS, the Project is in the General Plan Eastern Extended Planning Area and the Eastern Dublin Specific Plan area, for which the City Council certified a Program Environmental Impact Report by Resolution 51-93 ("Eastern Dublin EIR" or "EDEIR", SCH 91103064) on May 10, 1993 (resolution incorporated herein by reference). The Eastern Dublin EIR identified significant impacts from development of the Eastern Dublin area, some of which could not be mitigated to less than significant. Upon approval of the General Plan Amendment and Eastern Dublin Specific Plan, the City Council adopted mitigations, a mitigation monitoring program and a Statement of Overriding Considerations (Resolution 53-93, incorporated herein by reference); and WHEREAS, since certification of the EDEIR, the Project site has been addressed in several later CEQA reviews, including a 1997 Negative Declaration (Resolution 140-97), a 2000 MND for the Dublin Ranch Area F project (Resolution 34-00), and a 2004 Addendum for the Dublin Ranch Area F North project (Resolution 43-04). The foregoing resolutions are incorporated herein by reference; and WHEREAS, the Eastern Dublin EIR identified significant unavoidable impacts from development of the Eastern Dublin area, some of which would apply to the Project; therefore, approval of the Project must be supported by a Statement of Overriding Considerations; and WHEREAS, for the Brannigan Street Project, the City prepared an Initial Study to determine if additional review of the proposed Project modifications and development was required pursuant to CEQA Guidelines section 15162. Based on the Initial Study, the City prepared an Addendum dated March 27, 2012 describing the modifications, development and findings that the impacts of the proposed Project have been adequately addressed in the prior Page 1 of 3 ATTACHMENT 7 CEQA documents referenced above. The Addendum is attached as Exhibit A and is incorporated herein by reference; and WHEREAS, a Staff Report for the Planning Commission, dated March 27, 2012 and incorporated herein by reference, described and analyzed the project, and recommended adoption of the CEQA Addendum and approval of the Project; and WHEREAS, on March 27, 2012 the Planning Commission held a properly noticed public hearing on the project at which time all interested parties had the opportunity to be heard; and WHEREAS, the Planning Commission considered the CEQA Addendum as well as the prior CEQA documents, and all above-referenced reports, recommendations, and testimony before taking any action on the project. NOW, THEREFORE BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this resolution. BE IT FURTHER RESOLVED that the Planning Commission makes the following findings to support the determination that no further environmental review is required under CEQA for the proposed Project. These findings are based on information contained in the CEQA Addendum, the prior CEQA documents, the Planning Commission Staff Report, and all other information contained in the record before the Planning Commission. These findings constitute a summary of the information contained in the entire record. The detailed facts to support the findings are set forth in the CEQA Addendum and related Initial Study, the prior CEQA documents, and elsewhere in the record. Other facts and information in the record that support each finding that are not included below are incorporated herein by reference: 1. The proposed Project does not constitute substantial changes to the previous projects affecting the Project site, as addressed in the prior CEQA documents, that will require major revisions to the prior documents due to new significant environmental effects or a substantial increase in severity of previously identified significant effects. Based on the Initial Study, all potentially significant effects of the proposed Project are the same or less than the impacts for the projects which were previously addressed. The proposed Project will not result in substantially more severe significant impacts than those identified in the prior CEQA documents. All previously adopted mitigation measures continue to apply to the proposed Project and project site as applicable. 2. The Initial Study and Addendum did not identify any new significant impacts of the proposed Project that were not analyzed in the prior CEQA documents. 3. The City is not aware of any new information of substantial importance or substantial changes in circumstances that would result in new or substantially more severe impacts or meet any other standards in CEQA Section 21166 and related CEQA Guidelines Sections 15162/3. BE IT FURTHER RESOLVED that the Planning Commission recommends the following to the City Council: 1. No further environmental review under CEQA is required for the proposed Project because there is no substantial evidence in the record as a whole that any of the standards under Sections 21166 or 15162/3 are met. 2 of 3 2. The City has properly prepared a CEQA Addendum and related Initial Study under CEQA Guidelines section 15164 to explain its decision not to prepare a subsequent or supplemental EIR or conduct further environmental review for the proposed Project. 3. The City Council adopt the CEQA Addendum and related Initial Study, attached as Exhibit A, pursuant to CEQA Guidelines Sections 15162 and 15164 for the Project. PASSED, APPROVED AND ADOPTED this 27th day of March, 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Planning Manager G:IPA#120111PLPA-2011-00039 Lennar Homes Brannigan GPA EDSPAIKit's DOC commentslpc reso recommending cega addendum for brannigan lennar. DOC 3 of 3 CEQA ADDENDUM FOR THE BRANNIGAN STREET GPA/SPA PROJECT PLPA-2012-00039 MARCH 27, 2012 On May 10, 1993, the Dublin City Council adopted Resolution No. 51-93, certifying an Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan ("Eastern Dublin EIR, SCH #91103064). The certified EIR consisted of a Draft EIR and Responses to Comments bound volumes, as well as an Addendum to the Eastern Dublin EIR dated May 4, 1993, assessing a reduced development project alternative. The City Council adopted Resolution No. 53-93 approving a General Plan Amendment and Specific Plan for the reduced area alternative on May 10, 1993. On August 22, 1994, the City Council adopted a second Addendum updating wastewater disposal plans for Eastern Dublin. The Eastern Dublin EIR evaluated the potential environmental effects of urbanizing Eastern Dublin over a 20 to 30 year period. Since certification of the EIR, many implementing projects have been proposed, relying to various degrees on the certified EIR. In 1997, the City of Dublin adopted a Negative Declaration ("1997 ND") for Dublin Ranch Planning Areas B-E in 1997 that analyzed the impacts of annexing this portion of the Eastern Dublin Planning Area to the City of Dublin as well as approving land use entitlements for these Planning Areas (City Council Resolution No. 140-97, November 18, 1997.) No significant environmental issues were identified in the Initial Study on which the Negative Declaration was based. In 2000, an Initial Study/Mitigated Negative Declaration ("2000 MND") was approved by the Dublin City Council (Resolution No. 34-00, dated February 15, 2000) for a General Plan Amendment, Eastern Dublin Specific Plan Amendment and a Planned Development rezoning with a Stage 1 Development Plan for Dublin Ranch Planning Area F, within which this Project is located. The Initial Study analyzed all of the environmental topics recommended in CEQA Guidelines Appendix G. Based on additional site-specific analysis of light and glare, biological resources, cultural resources, hydrology and water quality, and traffic and circulation, supplemental mitigation measures were adopted by the City. In March, 2004, the City of Dublin adopted an Addendum to the all of the previously adopted CEQA documents for Dublin Ranch Planning Area F North (City Council Resolution No. 43-04, March 16, 2004.) No new or more significant impacts were identified in the Initial Study on which the Addendum was based. This Addendum has been prepared pursuant to CEQA Guidelines Section 15164 for the Project, as described below. Project Description The current application includes a requestto amend the City of Dublin General Plan and Eastern Dublin Specific Plan to redesignate a 3-acre (net) site on the north side of Brannigan Street approximately 120 feet north of the intersection of Brannigan Street and Gleason Drive (from "P/SP-Public/Semi-Public" to "M-Medium Density Residential." The proposed General Plan and Specific Plan would facilitate development of 19 single-family dwellings on the site. Other requested land use entitlements include a Planned Development rezoning with related Stage 1 Development Plan amendment and a Stage 2 Development Plan, a Vesting Tentative Subdivision Map, a Site Development Review permit and a Development Agreement. EXHIBIT A TO ATTACHMENT 7 PriorCEQA Analyses and Determinations As summarized above and discussed in more detail in the attached Initial Study, the Project site has been planned for urbanization in all the related Eastern Dublin approvals in 1993, 1997, 2000 and 2004 and has been the subject of a Negative Declaration (ND), Mitigated Negative Declaration (MND) and an Addendum as well as the original Eastern Dublin EIR. The Eastern Dublin EIR identified numerous environmental impacts, and numerous mitigations were adopted upon approval of the Eastern Dublin General Plan Amendment and Specific Plan. For identified impacts that could not be mitigated to insignificance, the City Council adopted a Statement of Overriding Considerations. The 2000 MND identified supplemental impacts and mitigation measures in addition to those in the Eastern Dublin EIR. No additional mitigation measures were included in the 1997 ND or the 2004 Addendum. All previously adopted mitigation measures for development of Eastern Dublin identified in the Eastern Dublin EIR and the 2000 MND that are applicable to the Project continue to apply to the currently proposed Project asfurther discussed in the attached Initial Study. Current CEQA Analysis and Determination that an Addendum is Appropriate for this Project. Updated Initial Study The City of Dublin has determined that an Addendum is the appropriate CEQA review for the Project, which proposes to amend the approved General Plan and Eastern Dublin Specific Plan for the Brannigan Street site. If approved, the proposed Project would change land uses on the 3-acre site as identified above. The applicant is also seeking approval City approval of a PD rezoning with related Stage 1 Development Plan amendment, a Stage 2 Development Plan, a Site Development Review permit, questing tentative subdivision map and a Development Agreement. The City prepared an updated Initial Study dated March 16, 2012, incorporated herein by reference, to assess whether any further environmental review is required for this Project Through this Initial Study, the City has determined that no subsequent EIR, or Negative Declaration is required for the plan and zoning amendments or the refined development detai Is. No Subsequent Review is Required per CEQA Guidelines Section 15162. CEQA Guidelines Section 15162 identifies the conditions requiring subsequent environmental review. After a review of these conditions, the City has determined that no subsequent EIR or negative declaration is required for this Project. This is based on the following analysis: a) Are there substantial changes to the Project involving new or more severe significant impacts? There are no substantial changes to the Project analyzed in the Eastern Dublin EIR, as supplemented by the 1997 ND, the 2000 MND and the 2004 Addendum. As demonstrated in the Initial Study, the proposed land uses for Project site is not a substantial change to uses analyzed in previous CEQA documents and will not result in additional significant impacts, and no additional or different mitigation measures are required. b) Are there substantia/ changes in the conditions which the Project is undertaken involving new or more severe significant impacts? There are no substantial changes in the conditions assumed in the Eastern Dublin EIR, the 1997 ND, the 2000 MND or the 2004 Addendum. This is documented in the attached Initial Study prepared for this Project March 16, 2012. c) /s there new information of substantial importance, which was not known and could not have been known at the time of the previous EIR and other CEQA documents that shows the Project will have a significant effect not addressed in the previous documents; or previous effects are more severe; or, previously infeasib/e mitigation measures are now feasib/e but the applicant dec/fined to adopt them; or mitigation measures considerab/y different from those in the previous EIR and MND would substantially reduce significant effects but the applicant dec/fines to adopt them? As documented in the attached Initial Study, there is no new information showing a new or more severe significant effect beyond those identified in the prior EIR and MND. Similarly, the Initial Study documents that no new or different mitigation measures are required for the Project. All previously adopted mitigations continue to apply to the Project. The previously certified EIR and other CEQA documents adequately describe the impacts and mitigations associated with the proposed development on the Project site. d) /f no subsequent EIR-level review is required, should a subsequent negative declaration be prepared? No subsequent negative declaration or mitigated negative declaration is required because there are no impacts, significant or otherwise, of the Project beyond those identified in the Eastern Dublin EIR and other previous CEQA documents for the site, as documented in the attached Initial Study. Conclusion. This Addendum is adopted pursuant to CEQA Guidelines Section 15164 based on the attached Initial Study dated March 16, 2012. The Addendum and Initial Study review the proposed General Plan and Eastern Dublin Specific Plan Amendments, the Planned Development rezoning amendment, Vesting Tentative Subdivision Map, the Site Development Review permit and Development Agreement as discussed above. Through the adoption of this Addendum and related Initial Study, the City determines that the above minor changes in land uses do not require a subsequent EIR or negative declaration under CEQA section 21166 or CEQA Guidelines Sections 15162 and 15163. The City further determines that the Eastern Dublin EIR, the 1997 ND, the 2000 MND and the 2004 Addendum adequately address the potential environmental impacts of the land use designation change and proposed development for the Brannigan site as documented in the attached Initial Study. As provided in Section 15164 of the Guidelines, the Addendum need not be circulated for public review, but shall be considered with the prior environmental documents before making a decision on this project. The Initial Study, Eastern Dublin EIR, the 1997 ND, the 2000 MND, the 2004 Addendum and all resolutions cited above are incorporated herein by reference and are available for public review during normal business hours in the Community Development Department, Dublin City Hall, 100 Civic Plaza, Dublin CA. C~~~ OF DU~~~ 19' _ -~' `82 ~~~~i FOR STAFF REPORT PLANNING COMMISSION DATE: March 27, 2012 TO: Planning Commission SUBJECT: PUBLIC HEARING - PLPA 2010-00055 Silvera Ranch Phase 4 General Plan Amendment, Eastern Dublin Specific Plan Amendment, Planned Development Zoning Amendments with related Stage 1 and Stage 2 Development Plan Amendments, Site Development Review, Vesting Tentative Parcel Map 10053, and related CEQA findings fora 0.95-acre site north of Fallon Road in the neighborhood known as Bella Monte Report prepared by Mike Porto, Consulting Planner EXECUTIVE SUMMARY: The subject of this application is a .95-acre area within the project known as Silvera Ranch. This site currently is designated Rural Residential/Agriculture in the General Plan and the Eastern Dublin Specific Plan with consistent zoning of Planned Development (PD) Rural Residential/Agriculture. Since adoption of the approved Development Plan for Silvera Ranch, the City's codes and requirements have changed pertaining to fire prevention and roadway access. The Applicant/Property Owner has requested land use amendments to both the General Plan and the Eastern Dublin Specific Plan, with Planned Development Zoning Amendments and related Stage 1 and Stage 2 Development Plan Amendments to change the land use designation and zoning from Rural Residential/Agriculture to Single-Family Residential. Concurrent approval has been requested for Site Development Review for 4single-family detached units and Vesting Tentative Parcel Map 10053 fora 4-lot residential subdivision. 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; 5) Adopt the following Resolutions: a) Resolution recommending that the City Council adopt a Resolution amending the General Plan and Eastern Dublin Specific Plan to change the land use designation from Rural Residential/Agriculture to Single-Family Residential fora 0.95-acre site within Silvera Ranch Phase 4 (Bella Monte) and finding the project within the scope of the Eastern Dublin EIR; b) Resolution recommending that the City Council adopt an Ordinance approving Planned Development Zoning Amendments and related Stage 1 and Stage 2 Development Plan Amendments fora 0.95-acre site within Silvera Ranch Phase 4 (Bella Monte); and c) Resolution approving a Site Development Review and Vesting Tentative Parcel Map 10053 for a residential subdivision of 4single-family detached units on a 0.95-acre site within Silvera Ranch Phase 4 (Bella Monte). Submitted By Mike Porto, Consulting Planner COPIES TO: Applicant File e ' d By Planning Manager ITEM NO.: ~ • Page 1 of 12 G:1PA#120101PLPA-2010-00055 Silvera Ranch Phase 41PC Mtg 3.27.121draft pc staff report for silvera kbhome 4-lot project doc DESCRIPTION: Background: On October 21, 2003, Ordinance 15-03 was adopted which approved Stage 1 Planned Development zoning for the project known as Pinn Brothers/Silvera Ranch located east of Tassajara Road at its intersection with Fallon Road. This action was initiated as prezoning for a 105.7-acre area comprised of three parcels: the 91-acre Silvera Ranch property and two others identified as the Nielsen and Haight properties. This figure excluded the acreage reserved for the right-of-way and extension of Fallon Road to Tassajara Road, now complete. The adopted PD zoning and corresponding Development Plan for the three properties was approved for a maximum of 259 units. Silvera Ranch was approved for units to be distributed among four different residential density categories within areas located both north and south of the Fallon Road right-of-way. The area north of the Fallon Road right-of-way was approved for 44 single-family detached homes as shown in Table 1. TABLE 1 ~ Land Use - PD PA 02-024 Resulting Acres ±~'~ Max. Development Density Phase PD Zoning net Units Plan ~2~ du/net ac North of Single-Family Fallon Residential 8.8 50 44 5.0 Road 0.9 to 6.0 du ac Rural Residential/Agriculture 49.1 0 0 0 .01 du/ac Subtotal 57.9 50 44 South of Medium Density Fallon Residential 14.3 112 10813 7.5 Road 6.1 to 14.0 du/ac Medium-High Density Residential 7.214 96 102 14.214 14.1 to 25. du/ac Rural Residential/Agriculture 8.3 115) 1 .1 .01 du/ac Subtotal 29.8 209 TOTAL 87.7 259 255 ~'~ Excludes right-of-way for Fallon Road and Tassajara Road 12) Dwelling units per acre 13) Includes 35 single family detached units (Lots 29 through 63) on "Estate" lots within 4.1 net acres ~4~ Adjustment from Fallon Road alignment approved with the Stage 2 Development Plan 15) Includes Nielsen property -one existing rural residence, not a part of Silvera Ranch Subsequent actions implementing the master development plan for Silvera Ranch include Stage 2 Development Plan approved on October 21, 2003, by Ordinance 15-03. Architectural Standards also were approved for the building types and styles within the related land use designations shown in Table 2: 2 of 12 TABLE 2: Building Type/Number of Units by Land Use Building Type No. of Units Related Land Use 1) Single-Family Estates 79 units (The Estates) (44 Units north of Fallon Road) Single-Family Residential (35 units south of Fallon Road) Medium Density Residential 2) Single-Family Cluster Homes 73 units Medium Density Residential (The Manors) 3) Condominiums (The Villas) - in 102 units Medium-High Density buildings of six or eight units Residential Total 254 units The area north of the Fallon Road right-of-way, known as Bella Monte, was approved by Site Development Review (PLPA-2010-00055 and Tract 7540) on February 8, 2011 by Planning Commission Resolution 11-04. The Bella Monte neighborhood is configured along Cydonia Court which intersects with Fallon Road along its north side and serves as the primary access to the neighborhood. A secondary access road provided within the hillside and open space area surrounding Bella Monte connects to Syrah Drive within Chateau at Fallon Crossing, the single- family detached residential project to the north. Bella Monte was limited to 44 residential lots based on the circulation and access needs for accommodating emergency vehicles in compliance with current standards. The 44 single-family detached homes were approved under standards for "The Estates," the largest of the three housing types approved for Silvera Ranch in terms of minimum lot size and floor plans. The vicinity map below shows the overall Phase 4 project site in relation to the surrounding area. OJECT 'E The project site is currently vacant with some non-native grasses and low vegetation. The site has been rough graded in connection with prior Tract Map Conditions of Approval. 3 of 12 VICINITY MAP Current Proposal: Since adoption of the approved Development Plan for Silvera Ranch, the City's codes and requirements have changed pertaining to fire prevention and access. One specific change is the requirement for fire suppression sprinklers in all residential dwellings, including single family detached units. These new requirements resulted in a change or a lifting of the limitations on the maximum number of units per access point in effect when the project was initially approved. With removal of the previous restriction, the property owner now has requested a land use amendment to the General Plan and the Eastern Dublin Specific Plan for an area designated as Rural Residential/Agriculture (one residential unit per 100 acres), serving as Open Space, to Single-Family Residential (0.9 to 6.0 dwelling units per acre). The land use amendment would allow the development of an additional 4 lots/units along Cydonia Court between lots 129 and 130 of the previously approved subdivision. The request also includes corresponding Planned Development Zoning Amendments and related Stage 1 and Stage 2 Development Plan Amendments. Related actions include Site Development Review and Vesting Tentative Parcel Map 10053 for a residential subdivision of 4 single-family detached units on approximately 0.95-acres consistent with the Development Regulations adopted for the Planned Development Zoning for Single-Family "Estates" and the approved architectural standards for the surrounding Bella Monte neighborhood. ANALYSIS: General Plan ~ Eastern Dublin Specific Plan Amendment The 0.95-acre project site represents a portion of Lot K of Tract 7540 which is approximately 41.28 acres currently designated under the General Plan and Eastern Dublin Specific Plan as Rural Residential/Agriculture. This land use designation allows for one residential unit per 100 acres and effectively serves as Open Space. The General Plan and the Eastern Dublin Specific Plan defines Single-Family Residential use as 0.9 to 6.0 dwelling units per acre. The proposed land use amendment would result in an exchange of acreage as shown in Table 3. Single-Family Residential would increase from 8.8 net acres to approximately 9.75 net acres. Conversely, Rural Residential/Agriculture use would decrease from 57.4 acres to 56.45 acres. TABLE 3: Land Use Plan Existin Pro osed Land Use Desi nation Net Acres units Net Acres units Single-Family Residential 0.9 to 6.0 units er acre 9.75 50 9.48 48 Rural Residential/A riculture 56.45 1 56.72 1 Medium Density Residential 6.1 to 14.0 du/ac no chan e 14.3 112 14.3 112 Medium-High Density Residential 14.1 to 25. du/ac no chan e 7.2 96 7.2 96 Total 87.7 259 87.7 257 ~'~ Limited to 44 units north of Fallon Road per fire safety standards 4 of 12 The project proposal includes related amendments to the various figures, texts, and tables in the General Plan and Eastern Dublin Specific Plan to ensure consistency throughout the documents. Exhibit A of Attachment 1 provides a complete list of the proposed amendments to the General Plan and Eastern Dublin Specific Plan. A Resolution recommending the City Council approve a Genera( Plan Amendment and an Eastern Dublin Specific Plan Amendment fora 0.95-acre site within Silvera Ranch Phase 4 (Bella Monte) project is included as Attachment 1. Planned Development Zoning Amendments and Related Stage 1 and Stage 2 Development Plan Amendments The Applicant also requests approval of Planned Development Zoning Amendments and related Stage 1 and Stage 2 Development Plan Amendments consistent with the requested General Plan and Eastern Dublin Specific Plan land use amendments. The rezoning will amend the existing PD to allow single-family residential uses on that portion of the project site. The Stage 2 Development Plan for Silvera Ranch (Bella Monte) referenced above established the residential Development Regulations and Architectural Standards for the three product types. The project would remain within the overall number of units approved previously for Silvera Ranch. The 4 additional single-family detached residential units would increase the number of units in Phase 4 from 44 to 48. These 48 units north of Fallon Road added to the 210 units approved south of Fallon Road results in a unit count of 258 units which is the total number of units approved with the initial Stage 1 PD. Also, the resulting over all density of 5 units per net acre for the single-family residential area north of Fallon Road would remain within the allowed range. For consistency, the Development Regulations for "The Estates" within the Bella Monte neighborhood would be applied to the 4 new residential lots, including: lot size, frontage, setbacks, coverage, distance between buildings, common outdoor areas, usable outdoor areas, height limits, parking, driveways, and grading standards. These regulations include a minimum lot size of 4,000 square feet and minimum street frontage of 50 linear feet. The rear yards are required to have a 10-foot minimum depth with an overall average depth of 15 feet. The rear yard setback may exceed these dimensions depending on the floor plan type placed on each individual lot. All lots are required to have a usable (flat) rear yard area at a minimum of 300 square feet with that area having a minimum dimension of 8 feet. Therefore, the proposed Stage 1 and Stage 2 Planned Development Zoning Amendments and related Development Plans are consistent with the requirements of the proposed General Plan and Eastern Dublin Specific Plan land use amendments, and the proposal meets the requirements of the Zoning Ordinance (Chapter 8.32) for Planned Development zoning. A Resolution recommending the City Council adopt an Ordinance approving the Planned Development Zoning Amendments and related Stage 1 and Stage 2 Development Plan Amendments for the Silvera Ranch Phase 4 is included as Attachment 2. Site Development Review Site Layout/Piotting - As stated above, the four new lots along the south side of Cydonia Court would be incorporated into the approved Bella Monte neighborhood (Tract 7540) between Lots 129 and 130 and are proposed to be developed consistent with the Development Regulations and Architectural standards adopted for the building type and styles within the 5 of 12 adjacent neighborhood. The homes within this neighborhood are sited to maximize views of the surrounding hillsides. The four lots would back onto the area that will remain Rural Residential/Agriculture and would range in size from 9,538 square feet (Lot 3) to 10,798 square feet (Lot 2). The site layout is shown below with the lots listed and described in Table 4. Site Plan TABLE 4: Additional Lots in Bella Monte Lot Address Lot Size Use 1 3356 Cydonia Court 10,756 sf Single-Family Residential 2 3334 Cydonia Court 10,798 sf Single-Family Residential 3 3312 Cydonia Court 9,538 sf Single-Family Residential Based on the plotting matrix/fit list, any of the four approved floor plans will fit on all 4 lots within the coverage limitations of 45%. As with the previously approved SDR for Bella Monte, this flexibility would be allowed within the plotting parameters described as follows: - Any single floor plan may not exceed 40% of the subdivision. - Individual floor plans may be placed next to each other. However, only two of the same individual floor plans may be plotted next to each other without being interrupted by a different floor plan. - If two of the same individual floor plans are plotted next to each other, the same individual floor plan may not be plotted across the street from the two. 6 of 12 - In no case will the same architectural elevation or color scheme be allowed next to or across the street from each other, unless they are a different individual floor plan. The purpose of allowing this flexibility is to enhance sales and marketing while maintaining sufficient diversity along the street scene. Also, the ability to plot any house on any lot will add a more distinctive look to the neighborhood and eliminate the repetitious look of many subdivisions. These standards have been included as Condition 13 of Attachment 3. As individual plot plans are submitted for each lot, the Applicant shall provide a master plotting plan for the previous phases to ensure compliance with these standards. The proposed project would comply with all other adopted development standards. Floor Plans -The architectural elevations and floor plans applicable to the four new lots would be identical to the four floor plans and three architectural styles approved on February 8, 2011 by Planning Commission Resolution 11-04 for the surrounding Bella Monte neighborhood (44 units). All plans are two stories and range in size from 2,199 square feet for Plan 1 to 2,946 square feet for Plan 4. All plans incorporate 3 to 5 bedrooms, family rooms, nooks, bonus spaces, and up to 2'/2 bathrooms. All units have an attached 2-car garage. Table 5 shows proposed square footage, bedrooms, bathrooms, parking, available styles, and the living space options for each of the proposed plans. TABLE 5: Floor Plans Square Optional Floor Pl ~'~ Bedrooms Bathrooms Footage Elevations~3~ Parking Living an t ical c2~ S ace Plan 1 3 2.5 2,199 sf A, B& C 2 Plan 2 4 2.5 2,366 sf A, B& C 2 Plan 3 3 + 1 2.5 2,585 sf A, B & C 2 bonus Plan 4 4 + 1 2.5 2,946 sf A, B & C 2 bonus ~'~ Any one floor plan is limited to no more than 40% of the total. cz~ Living area only. ~3~ (A) Craftsman, (B) Tuscan, and (C) Spanish Plan 1 -Plan 1 is a two-story floor plan with the garage stepped back behind the front plane of the house. The living space is all oriented toward the back of the residence. A step back of the second floor along a portion of the passive side of the home will create more light and air between the houses. This is a very conventional plan with opportunities to create lofts from two of the bedrooms. Plan 2 -Plan 2 also orients the primary living space to the rear of the home. The primary element of the front elevation is the front porch with both the garage and the front room being pushed back. The area above the living room and front porch is a single story element. The laundry room is located on the second floor as it is on all plans. No optional bedroom configurations are being proposed. Plan 3 -Plan 3 is the most conventional plan being atwo-story home with a minor single story element over the front porch. The Family/Nook/Kitchen area is at the rear of the home with the living and dining room oriented along the side of the house as in all four plans. A one-story front porch element dominates the front elevation and a provision is made for either a fourth bedroom or a bonus room on the second floor. 7 of 12 Plan 4 -Plan 4 is similar to the other plans with the living portion of the unit oriented to the rear yard, however, a provision is made on the first floor for either a den or an additional bedroom depending on owner preference. On the second floor there is also the opportunity for either a bonus room or an additional bedroom. This plan can accommodate up to 6 bedrooms if all of the bedroom options are chosen. Architecture -This SDR offers three architectural styles for each of the four floor plans. The use of multiple styles 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 homes in Monte Bella are of high-quality architecture with themed architectural elements integrated into the front facades; wrapping all sides of the buildings. Both Plans 1 and 2 offer a one-story element over ground floor living space, stepping at the side to enhance pedestrian scale. Plans 3 and 4 have a one story porch element pulled forward over the main building mass to provide a lower appearance on the front plane. 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 Stage 2 Development Plan includes Design Guidelines which include a series of architectural styles. The Applicant chose three styles as described below. Exterior elevations of all styles primarily are stucco finished with accents in manufactured stone and wood elements. Roof materials are barrel the for all of the plans in the Tuscan and Spanish styles and flat concrete tiles for the Craftsman style. The following provides an abbreviated description of each approved architectural style reflecting the proposed exteriors: Spanish -The Spanish style features a gable roof configuration with limited shed accents (Plan 1 and 2) enhanced with the and arched entries. Lower roof forms are a shed form. Entries are arched plaster banded with foam accents. Windows are framed with heavy sills, shutters knee bracing and corbels. Tuscan -The Tuscan style presents simple forms with a hip roof configuration and accent gables and shed roof elements. Lower roof forms are mostly gable. Windows are vertical with rectangular mullions on the front elevations. Entries are accented with manufactured stone, and windows are enhanced with a heavy foam sill and header. Front porch elements are vertical with a manufactured stone finish. Craftsman -The Craftsman style combine various building materials representative of homes built during the craftsman period. Roof forms are mostly gable with some hip accents. Most gable ends of the front elevations are accented with vertical wood siding in a "board and batten" configuration. This same wood accent is used punctuate major building elements on the front elevations of all plans and on the rear elevations of the Plan 3 and 4. Manufactured stone bases are used on all plans with stone columns supporting battered columns supporting the porch roofs. 8of12 Parking - In accordance with the development standards, each of the 4single-family homes is provided with atwo-car garage resulting in compliance with the minimum requirement of 8 covered spaces. No three car garages are proposed. All units are required to provide for one guest space which may be accommodated on the driveway or curbside within the public right-of- way. Landscaping/Fence Plan -The Landscaping Plan in the current submittal is consistent with the plans approved with the previous SDR for Silvera Ranch Phase 4. As with the SDR approved previously, the landscaping is proposed to be consistent with other neighborhoods in Eastern Dublin, with trees lining the neighborhood streets. The landscape plans in the current submittal reflect the building footprint of each floor plan. In addition to the overall landscape plan for the street trees in the neighborhood, a conceptual landscape/site plan is provided for each of the four floor plans. The walls and fence designs proposed for the 4 lots are consistent with the design and hierarchy of walls and fences previously approved in Eastern Dublin. Affordable Housing/Inclusionary Zoning/Public Art Compliance -The proposed project on its own is not subject to either the City's Inclusionary Housing requirements or Public Art requirements as it is less than 20 units, but will be included as part of any basis of compliance applied to the Bella Monte neighborhood or Silvera Ranch over all. Vesting Tentative Tract Parcel 10053 The subject of this application, Vesting Tentative Parcel Map 10053, would subdivide the existing Parcel K of Tract 7540. The 0.95-acres along Cydonia Court are proposed to be subdivided into 4 lots along the lines of the proposed land use change. The four lots would be subject to the Development Regulations adopted with the Stage 1 and Stage 2 Planned Development Zoning, as amended, which requires a minimum lot size of 4,000 square feet for this area and residential product type. Lots would range in size from 9,538 square feet to 10,798 square feet as shown in Table 4, above. The remainder of Parcel K would remain Rural Residential/Agriculture. The parcel map also includes an adjustment to the Public Service Easement (PSE) along Cydonia Court consistent with the four new lots. A Resolution approving Vesting Tentative Parcel Map 10053 with required findings along with the Site Development Review is included as Attachment 3 and project plans are included as Attachment 4. CONSISTENCY WITH GENERAL PLAN, SPECIFIC PLAN & ZONING ORDINANCE The application includes a request for Planned Development Zoning Amendments along with related Stage 1 and Stage 2 Development Plan Amendments consistent with the proposed land use amendments under the General Plan and Eastern Dublin Specific Plan. The Stage 2 Development Plan for Silvera Ranch established the Development Standards applicable to building design, plotting, and subdivisions. The proposed SDR request and proposed Vesting Tentative Parcel Map would be consistent with the Planned Development zoning standards proposed for adoption with this project. 9 of 12 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 the larger Silvera Ranch project that has implemented pathways, gathering spaces, and open spaces. The Applicant will be using the same architectural plans previously approved for the Bella Monte neighborhood (44 lots) which exceeded the City of Dublin Green Building Ordinance. In general, the Applicant 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. The Green Building Checklist is included as Attachment 5. REVIEW BY APPLICABLE DEPARTMENT AND AGENCIES: The Building Division, Fire Prevention Bureau, Public Works Department, Dublin Police Services and Dublin San Ramon Services District 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. Conditions of Approval from these departments and agencies have been included in the attached Resolution (Attachment 3). 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. A Public Notice also was 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. ENVIRONMENTAL REVIEW: The project is in Eastern Dublin. The Eastern Dublin General Plan Amendment and Specific Plan were adopted by the City to encourage orderly growth of the Eastern Dublin area. The Eastern Dublin EIR was a Program EIR that evaluated the potential environmental effects of urbanizing Eastern Dublin over a 20 to 30 year period. On May 10, 1993, the Dublin City Council adopted Resolution No. 51-93, certifying an Environmental Impact Report for the Eastern Dublin General Plan Amendment and Eastern Dublin Specific Plan (Eastern Dublin EIR, or EIR, SCH #91103064). The certified EIR consisted of a Draft EIR and Responses to Comments bound volumes, as well as an Addendum dated May 4, 1993, assessing a reduced development alternative. The City Council adopted Resolution No. 53-93 approving a General Plan Amendment and a Specific Plan for the reduced area alternative on May 10, 1993. On August 22, 1994, the City Council adopted a second Addendum updating wastewater disposal plans for Eastern Dublin. The Eastern Dublin EIR addressed the cumulative effects of developing in agricultural and open space areas and the basic policy considerations accompanying the change in character from undeveloped to developed lands. For identified impacts that could not be mitigated to a less than significant level, the City Council adopted a Statement of Overriding Considerations for cumulative traffic, extension of certain community facilities (natural gas, electric and telephone service), regional air quality, noise, and other impacts. Because the Eastern Dublin project proposed urbanization of the almost completely undeveloped Eastern Dublin area, the Eastern Dublin EIR also analyzed conversion of agricultural and open space lands to urban uses. These impacts together with visual and other impacts from urbanization were also determined to be significant and unavoidable. Where the Eastern Dublin EIR identified impacts that could be mitigated, the previously adopted mitigation measures continue to apply to implementing projects such as Silvera Ranch. 10 of 12 The original General Plan and Specific Plan designated Silvera Ranch for residential development within a larger open space area; these designations were the basis for the Eastern Dublin EIR analysis. On October 21, 2003, the City Council adopted an Addendum to the certified EIR through Resolution 207-03. The Addendum examined proposed project-level development of 254 residential units at Silvera Ranch and determined that the development raised no new CEQA issues and required no further environmental review. The current project proposes 4 additional lots in a portion of the original residential development area and would fill in a gap between existing residential lots along the southerly side of Cydonia Court. The site has already been rough graded in connection with prior approvals. Any further site disturbance continues to be subject to the previously adopted Eastern Dublin EIR mitigation measures and all applicable standard development requirements from the City. The additional 4 lots are within the original residential area assumed in the EIR and would be a minor increase in units examined in the site-specific Addendum. Staff examined the project pursuant to the subsequent/supplemental review provisions of CEQA §21166 and CEQA Guidelines §§15162, 15163 and determined that as residential units within the EIR's assumed residential development area subject to all previously adopted mitigation measures, and based on the project's small size, there are no new significant effects and no new mitigation measures required for the current project. The proposed project does not constitute a substantial change to the previous Silvera Ranch approvals that require major revisions to the EIR due to new significant environmental effects or a substantial increase in severity of previously identified significant effects. Staff recommends the City determine that the project is within the scope of the project analyzed in the Eastern Dublin Program EIR; that the EIR, its addenda and the previously adopted mitigation measures adequately analyze and mitigate the potential impacts of the 4 additional lots; that the project will not result in any new significant impacts or the need for new mitigation measures; and that no additional environmental review is required. The Eastern Dublin EIR and CEQA Addenda, all Resolutions and Ordinances referenced above are incorporated herein by reference and are available for review at City Hall during normal business hours. ATTACHMENTS: 1) Resolution recommending that the City Council adopt a Resolution amending the General Plan and Eastern Dublin Specific Plan to change the land use designation from Rural Residential/Agriculture to Single-Family Residential fora 0.95-acre site within Silvera Ranch Phase 4 (Bella Monte) and finding the project within the scope of the Eastern Dublin EIR. 2) Resolution recommending that the City Council adopt an Ordinance approving Planned Development Zoning Amendments and related Stage 1 and Stage 2 Development Plan Amendments fora 0.95-acre site within Silvera Ranch Phase 4 (Bella Monte) with the draft City Council Ordinance included as Exhibit A. 3) Resolution approving a Site Development Review and Vesting Tentative Parcel Map 10053 for a residential subdivision of 4 single- family detached units on a 0.95-acre site within Silvera Ranch Phase 4 (Bella Monte). 4) Project Plans. 5) Green Building Checklist. 11 of 12 GENERAL INFORMATION: APPLICANT/PROPERTY: OWNER LOCATION: ASSESSORS PARCEL NUMBER: EXISTING LAND USE DESIGNATION: EXISTING ZONING: PROPOSED LAND USE DESIGNATION: PROPOSED RE-ZONING: SURROUNDING USES: KB Home Northern California 6700 Koll Center Parkway, #200 Pleasanton, CA 94566 Attn: Ray Panek Along Cydonia Court (new street), north of Fallon Road and east of Tassajara Road. Portion of Parcel K of Tract 7540 A portion of APN 985-0055-003-04 (new parcel). Formerly a portion of APN 985-0055-003-02 (old parcel) Rural Residential/Agriculture PD PA 02-024 City Council Ordinance 15-03 Single-Family Residential 0.9 to 6.0 units per acre) PD LOCATION ZONING GENERAL PLAN LAND USE CURRENT USE OF PROPERTY Low Density/Single Family Single-Family Residential Under North PD Residential Construction South PD Open Space Vacant East PD Low Density/Single Family Vacant Residential Low Density/Single Family Single-Family Residential Under West PD Residential Construction Reference: General Plan Eastern Dublin Specific Plan 12 of 12 RESOLUTION NO. 12 - XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION AMENDING THE GENERAL PLAN AND EASTERN DUBLIN SPECIFIC PLAN TO CHANGE THE LAND USE DESIGNATION FROM RURAL RESIDENTIAL/AGRICULTURE TO SINGLE-FAMILY RESIDENTIAL FORA 0.95-ACRE SITE WITHIN SILVERA RANCH PHASE 4 (BELLA MONTE) AND FINDING THE PROJECT WITHIN THE SCOPE OF THE EASTERN DUBLIN EIR (portion of APN 985-0055-003-04) (PLPA 2010-00055) WHEREAS, KB Home Northern California, submitted applications for 0.95 acres located along the south side of Cydonia Court ("Project Site") within the project known as Silvers Ranch Phase 4 (Bella Monte). The applications include: 1) General Plan and Eastern Dublin Specific Plan amendments to change the land use from its current designation of Rural Residential/Agriculture to Single-Family Residential; 2) Planned Development Zoning Amendments with related Stage 1 and Stage 2 Development Plan Amendments; 3) Site Development Review (SDR) to construct 4Single-Family detached homes; and 4) Vesting Tentative Parcel Map 10053 to create 4 residential lots. The Project Site and the applications are collectively known as the "Project," and WHEREAS, consistent with California Government Code Section 65352.3, the City obtained a contact list of local Native American tribes from the Native American Heritage Commission and notified the tribes on the contact list of the opportunity to consult with the City on the proposed General Plan and Specific Plan amendments. None of the contacted tribes requested a consultation within the 90-day statutory consultation period and no further action is required under section 65352.3; and WHEREAS, the General Plan and Eastern Dublin Specific Plan Amendments would change the existing land use from Rural Residential/Agriculture to Single-Family Residential (0.9 to 6.0 dwelling units per acre); and WHEREAS, a Staff Report for the Planning Commission, dated March 27, 2012 and incorporated herein by reference, described and analyzed the project, including the proposed amendments to the General Plan and Eastern Dublin Specific Plan. The Staff Report also included analysis under CEQA and recommended that the Project be found within the scope of the previously certified Eastern Dublin EIR and related CEQA Addenda; and WHEREAS, on March 27, 2012 the Planning Commission held a properly noticed public hearing on the project, including the proposed General Plan and Eastern Dublin Specific Plan Amendments, at which time all interested parties had the opportunity to be heard; and WHEREAS, the Planning Commission considered the certified Eastern Dublin EIR and Addenda, and all above-referenced reports, recommendations, and testimony to evaluate the project; and ATTACHMENT 1 WHEREAS, the Eastern Dublin EIR and related CEQA addenda, and all Staff Reports and Resolutions referenced above are incorporated herein by reference and available for review at City Hall during normal business hours. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this resolution. BE IT FURTHER RESOLVED that the Planning Commission recommends that the City Council adopt a Resolution amending the General Plan and Eastern Dublin Specific Plan to change the land use designation from Rural Residential/Agriculture to Single-Family Residential including all related tables and maps which will be revised to reflect these changes, based on findings that the amendments are in the public interest and that the General Plan as so amended will remain internally consistent and finding the Project within the scope of the Eastern Dublin EIR and related addenda. PASSED, APPROVED, AND ADOPTED this 27th day of March, 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Planning Manager G:IPA#120101PLPA-2010-00055 Silvers Ranch Phase 41PC Mtg 3.27.121pc reso for silvera_kb home gpa_spa.doc 2 RESOLUTION NO. 12-X A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING PLANNED DEVELOPMENT ZONING AMENDMENTS AND RELATED STAGE 1 AND STAGE 2 DEVELOPMENT PLAN AMENDMENTS FORA 0.95-ACRE SITE WITHIN SILVERA RANCH PHASE 4 (BELLA MONTE) (portion of APN 985-0055-003-04) (PLPA 2010-00055) WHEREAS, KB Home Northern California submitted applications for 0.95 acres ("Project Site") within the project known as Silvers 4 (Bella Monte). The applications include: 1) General Plan and Eastern Dublin Specific Plan amendments to change the land use from its current designation of Rural Residential/Agriculture to Single-Family Residential; 2) Planned Development Zoning Amendment with related Stage 1 and Stage 2 Development Plan Amendments; 3) Site Development Review (SDR) to construct 4single-family detached homes; and 4) Vesting Tentative Parcel Map 10053 to create 4 residential lots. The Project Site and the applications are collectively known as the "Project," and WHEREAS, the Project site is located along the south side of Cydonia Court and currently is vacant land; and WHEREAS, the Eastern Dublin EIR and related CEQA addenda, and all Staff Reports and Resolutions referenced above are incorporated herein by reference and available for review at City Hall during normal business hours; and WHEREAS, on March 27, 2012, the Planning Commission held a public hearing and recommended that the City Council approve the related General Plan and Eastern Dublin Specific Plan Amendments for the Project and find the Project within the scope of the Eastern Dublin EIR, which resolution is incorporated herein by reference; and WHEREAS, a Staff Report for the Planning Commission, dated March 27, 2012 and incorporated herein by reference, described the Project, including the proposed Planned Development Zoning Amendments and the related Stage 1 and Stage 2 Development Plan Amendments, and recommended approval of the Project; and WHEREAS, on March 27, 2012 the Planning Commission held a properly noticed public hearing on the Project, including the proposed Planned Development Zoning Amendments with related Development Plan Amendments at which time all interested parties had the opportunity to be heard; and WHEREAS, the Planning Commission considered the certified Eastern Dublin EIR and related addenda, and all above-referenced reports, recommendations, and testimony to evaluate the Project. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this resolution. ATTACHMENT 2 BE IT FURTHER RESOLVED that the Dublin Planning Commission recommends that the City Council adopt the Ordinance attached as Exhibit A and incorporated herein by reference, based on findings that the PD zoning: a) is consistent with the General Plan and Eastern Dublin Specific Plan as amended by the Project; b) is consistent with the purpose and intent of the Planned Development zoning district; and c) will be harmonious and compatible with existing and potential development in the surrounding area. PASSED, APPROVED, AND ADOPTED this 27th day of March 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Planning Manager G:IPA#120101PLPA-2010-00055 Silvers Ranch Phase 41PC Mfg 3.27.121pc reso recommending pd ordinance for silvera_kb home.doc 2 ORDINANCE NO. XX -12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ***************************************** ADOPTING PLANNED DEVELOPMENT ZONING AMENDMENTS FOR A 0.95-ACRE AREA WITHIN SILVERA RANCH PHASE 4 (BELLA MONTE) FROM PLANNED DEVELOPMENT (PD) RURAL RESIDENTIAL/AGRICULTURE TO PD SINGLE- FAMILY RESIDENTIAL AND APPROVING RELATED STAGE 1 AND STAGE 2 DEVELOPMENT PLAN AMENDMENTS (Portion of APN 985-0055-003-04) (PLPA 2010-00055) The City Council of the City of Dublin does ordain as follows: SECTION 1: FINDINGS A. Pursuant to Section 8.120.050 of the Dublin Municipal Code, the City Council finds as follows. 1. The proposed Stage 1 and Stage 2 Planned Development zoning amendments for that portion of Silvera Ranch Phase 4 (Bella Monte) referenced as a 0.95- acre site along Cydonia Court (the "Property)`5~vill be harmonious and compatible with existing and potential development in surrounding areas because: the proposed zoning amendment for the property from Rural Residential/Agriculture to Single-Family Residential would allow development of the Property similar to Single-Family Residential development on surrounding properties located within Silvera Ranch Phase 4. 2. The Property is physically suitable for the type and intensity of the Planned Development Zoning District proposed because: 1) it is located within and surrounded by Single-Family development and area zoned for that use; 2) Development will be integrated with the adjacent Bella Monte neighborhood and developed under standards consistent with the standards adopted for the adjacent neighborhoods; and 3) the zoning amendments and Stage 2 Development Plan will allow the construction of 4 units which will remain within the permitted maximum density of 6.0 units per acre. 3. The proposed Stage 1 and Stage 2 Planned Development zoning amendments for the Property will not adversely affect the health or safety of persons residing or working in fhe vicinity, or be detrimental fo fhe public health, safety and welfare because: 1) changes to fire prevention and suppression standards would no longer prohibit the additional units along this roadway, 2) development resulting from the proposed zoning amendments to the Property would be subject to development standards previously approved for Single- Family Residential development adopted with Planned Development PA 02- 024 and PLPA-2010-00055, and 3) development resulting from the proposed zoning amendments to the Property would be subject to conditions of approval under the authority to preserve public health, safety, and welfare. EXHIBIT A TO ATTACHMENT 2 4. The proposed Stage 1 and Stage 2 Planned Development zoning amendments for the Property are consistent with the Dublin General Plan and the Eastern Dublin Specific Plan because: 1) the Applicant has requested approval of a General Plan Amendment to change the land use designation from Rural Residential/Agriculture to Single-Family Residential use, 2} the Property has been designated for Single-Family Residential development under the General Plan and the Eastern Dublin Specific Plan approved by Resolution XX on XX, 2012, and 3) the requested zoning is consistent with this land use. B. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as follows. 1. The proposed Stage 1 and Stage zoning amendments meet the purpose and intent of Chapter 8.32 Planned Development Zoning District of the Dublin Zoning Ordinance because: 1) the proposed project is consistent with the intent of the General Plan and Eastern Dublin Specific Plan designated for Single- Family Residential development under the General Plan and the Eastern Dublin Specific Plan approved by Resolution XX on XX, 2012; 2}the proposed project complies with purposes required by Section 8.32.010 of the Dublin Zoning Ordinance. 2. Development under the Planned Development District Development Plan will be harmonious and compatible with existing and future development in the surrounding area because: 1) the proposed zoning amendments to the Property from Rural Residential/Agriculture to Single-Family Residential would allow development of the Property to similar Low Density/Single Family Residential development on surrounding properties located within Silvera Ranch Phase 4; and 2) adequate hillside slope preservation and bio-retention measures will be incorporated to prevent run-off onto adjacent and surrounding developments. C. Pursuant to the California Environmental Quality Act (CEQA) it was found that the Project was within the scope of the Eastern Dublin EIR, which resolution is incorporated herein by reference all of the environmental documents referenced herein are incorporated by reference. SECTION 2. MAP OF THE PROPERTY Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code the City of Dublin Zoning Map is amended to amend the zoning of the Property from Planned Development PD Rural Residential/Agriculture to PD Single-Family Residential (0.9 to 6.0 dwelling units per acre): The 0.95-acre Property generally located along the south side of Cydonia Court north of Fallon Road and east of Tassajara Road (portion of APN 985-0055-003-04). 2 A map of the Property is shown below: OJECT 'E SECTION 3. APPROVAL The regulations for the use, development, improvement, and maintenance of the Property are set forth in the following Stage 1 and Stage 2 Development Plans for the Project area which are hereby approved. Any amendments to the Stage 1 and Stage 2 Development Plans shall be in accordance with section 8.32.080 of the Dublin Municipal Code or its successors. Stage 2 Development Plan for Silvera Ranch Phase 4 (Bella Monte) This Stage 1 and Stage 2 Development Plan Amendments have been submitted pursuant to Chapters 8.32.030 and 8.32.040 of the Dublin Zoning Ordinance. These amendments meet all the requirements for Stage 1 and Stage 2 Development Plans and are adopted as part of the PD-Planned Development Zoning Amendment for Silvera Ranch (PA 02-024) and specifically for Phase 4 (PLPA-2010-00055). A separately bound document titled "Silvera Ranch Phase IV Amendment," dated Rev. 03-16-12, is incorporated herein by reference and on file in the Dublin Community Development Department. The PD-Planned Development District is hereby amended to ensure compliance with the goals, policies, and action programs of the General Plan, Eastern Dublin Specific Plan, and provisions of Chapter 8.32 of the Zoning Ordinance. 1. Zoning: The action amends the zoning of a 0.95-acre site within the area known as a portion of Silvera Ranch Phase 4 from Rural Residential/Agriculture to Single-Family Residential (0.9 to 6.0 units per acre). The proposed Development Plan is for 4 lots/units. 3 2. Permitted Uses: All uses permitted, conditional, accessory, and temporary for PD Single-Family Residential approved by PA 02-024 and PLPA-2010-00055 are applicable to this property. Density: 0.9 - 6.0 dwelling units per acre. 3. Dublin Zoning Ordinance -Applicable Requirements: Except as specifically modified by the provisions of the Planned Development District and Amendment/Development Plan amendment, all applicable general requirements and procedures of the Dublin Zoning Ordinance shall be applied to the land uses designated in this Planned Development District zoning amendment. 4. Development Standards: The Development Standards for the Single-Family use established with the Stage 1 and Stage 2 Planned Development zoning adopted with PA 02-024 and PLPA-2010-00055 shall apply. 5. Phasing Plan. Silvera Ranch Phase 4 will be developed as one phase. 6. Land Use Plan. Refer to Stage 2 Development Plan, Parcel Map 10053 Land Use Amendment Exhibit. 7. Landscaping Plan. Refer to Stage 2 Conceptual Landscaping Plan„ Sheet L-4. 8. Development Concept. The Property is proposed to be developed as 4single-family detached units on lots having a minimum lot size of 4,000 square feet consistent with Silvera Ranch Phase 4. A Site Development Review (SDR) in accordance with Zoning Code Section 8.104 and Vesting Tentative Parcel Map 10053 have been submitted with this Zoning Amendment. 9. Access & Circulation. Vehicular and pedestrian access to the Property will be from Cydonia Court at its intersection with Fallon Road to the south and Syrah Drive to north. 10. PD Zoning/Land Use Summary. The following table provides the acreage per land use designation. PD ZONING/LAND USE SUMMARY TABLE FOR SILVERA RANCH (PA 02-024 and PLPA-2010-00055) Existin Proposed Land Use Desi nation Net Acres units Net Acres units Single-Family Residential 0.9 to 6.0 units er acre 8.8 50 9.48 48 Rural Residential/A riculture 57.4 1 56.72 1 Medium Density Residential 6.1 to 14.0 du/ac no chan e 14.3 112 14.3 112 Medium-High Density Residential 14.1 to 25. du/ac no chan e 7.2 96 7.2 96 Total 87.7 259 87.7 257 11. Public Facilities. Public Facilities shall be provided in accordance with the Development Plan approved for PA 02-024 and PLPA-2010-00055, and the Site Development Review for Silvera Ranch Phase 4 (Bella Monte), overall, and any subsequent Site Development Review specific to this Project Site. 4 SECTION 4. EFFECTIVE DATE AND POSTING OF ORDINANCE This Ordinance shall take effect and be enforced thirty (30) days following its adoption. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED BY the City Council of the City of Dublin, on this day of , 2012, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:IPA#120101PLPA-2010-00055 Silvera Ranch Phase 41PC Mtg 3.27.121CC Ord. doc 5 RESOLUTION NO. 12- XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A SITE DEVELOPMENT REVIEW PERMIT AND VESTING TENTATIVE PARCEL MAP 10053 FOR A RESIDENTIAL SUBDIVISION OF 4SINGLE-FAMILY DETACHED UNITS ON A 0.95-ACRE SITE WITHIN SILVERA RANCH PHASE 4 (BELLA MONTE) (Portion of APN 985-0055-003-04) (PLPA-2010-00055) WHEREAS, the Applicant, KB Home Northern California submitted applications for .95 acres ("Project Site") within the project known as Silvers Ranch Phase 4 (Bella Monte) within the Eastern Dublin Specific Plan; and WHEREAS, the applications include: 1) General Plan and Eastern Dublin Specific Plan amendments to change the land use from its current designation of Rural Residential/Agriculture to Single-Family Residential, and 2) Planned Development zoning amendments with related Stage 1 and Stage 2 Development Plan Amendments; and WHEREAS, the applications also include: a) Site Development Review (SDR); and b) Vesting Tentative Parcel Map 10053 dated received March 19, 2012 for 4single-family detached residential units/lots within the .95-acre site; and WHEREAS, the applications collectively define this "Project" and are available and on file in the Community Development Department; and WHEREAS, the Project site is located along the south side of Cydonia Court and generally is vacant land; and WHEREAS, the Eastern Dublin EIR and related CEQA addenda, and all Staff Reports and Resolutions referenced above are incorporated herein by reference and available for review at City Hall during normal business hours; and WHEREAS, on September 23, 2003 the Planning Commission adopted Resolution No. 03-48 approving Vesting Tentative Tract Map 7441 within which the Project Site currently is located; and WHEREAS, on March 27, 2012, the Planning Commission held a public hearing and recommended that the City Council approve General Plan and Eastern Dublin Specific Plan Amendments for the project as stated above from Rural Residential/Agriculture to Single-Family Residential and find the Project within the scope of the Eastern Dublin EIR, and recommend that the City Council adopt Planned Development (PD) zoning amendments and related Stage 1 and Stage 2 Development Plan Amendments to change the zoning from PD Rural Residential/Agriculture to Single-Family Residential; and WHEREAS, the 4 lots that comprise the Project Site are identified as Lots 1 through 4 of Vesting Tentative Parcel Map 100053; and ATTACHMENT 3 WHEREAS, proper notice of said public hearing was given in alf respects as required by law; and WHEREAS, a Staff Report was submitted recommending that the Planning Commission approve the Site Development Review and Vesting Tentative Parcel Map 10053; and WHEREAS, the Planning Commission did hold a public hearing on said application on March 27, 2012, for this project at which time all interested parties had the opportunity to be heard; and WHEREAS, the Planning Commission did hear and use independent judgment and considered the certified Eastern Dublin EIR and related addenda, all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Dublin does hereby make the following findings and determinations regarding said proposed Site Development Review for 4 lots of Vesting Tentative Parcel Map 10053 within Silvera Ranch Phase 4: 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 as it will be incorporated into the surrounding neighborhood approved previously; 2) the project wilt 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/Single-Family Residential; and 4) the project complies with the development standards established in the Planned 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 layout and subdivision mapping and blends well with the surrounding properties; and 2) the project complies with the development regulations set forth in the Zoning Ordinance where applicable and as adopted for PA 02-024 and PLPA-2010-00055. C. The design of the project is appropriate to the City, the vicinity, surrounding properties, and the lot in which the project is proposed because: 1) the project augments available housing in the vicinity; 2) the size and mass of the proposed houses are consistent with the lot sizes in the adjacent neighborhood; and 3) the project will provide a more complete street scene. D. The subject site is suitable for the type and intensity of the approved development because: the proposed homes to be developed on the property meet all of the development standards established to regulate development in the Bella Monte neighborhood and Silvera Ranch area overall. 2 E. Impacts to existing slopes and topographic features are addressed because: 1) the infrastructure is under construction including streets and utilities, 2) the project site has been rough graded in accordance with the Final Tract Map for Silvera Ranch Phase 4 (Tract 7540), and 3) retaining walls will be constructed to establish the required lot size and building envelope. 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 developments in the vicinity because: 1) the development will be incorporated into the adjacent neighborhood approved previously and will be similar to homes already being constructed in the general vicinity; 2) the proposed houses will utilize the three (3) architectural style and standards approved previously for Silvera Ranch Phase 4; 3) the materials referenced in the style guidelines will be consistent; and 4) the color and materials proposed will match the colors and material being utilized on homes currently being constructed 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 are proposed for construction in accordance with the master plan; and 2) the project front yard landscaping and sideyard fencing is consistent with other developments currently under construction in the vicinity and conform to the requirements of the Stage 2 Development Plan and the Water Efficient Landscape Ordinance. 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, and streetlighting are proposed for construction in accordance with the master plan; and 2) development of this project will conform to the major improvements already installed allowing residents the safe and efficient use of these facilities. BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin does hereby make the following findings and determinations regarding Vesting Tentative Parcel Map 10053: Vesting Tentative Parcel Map 10053 A. The proposed Vesting Tentative Tract Parcel Map 10053 is consistent with the intent of applicable subdivision regulations and related ordinances for Silvera Ranch Phase 4 (Bella Monte). B. The design and improvements of the proposed Vesting Tentative Tract Parcel Map 10053 are consistent with the General Plan and the Eastern Dublin Specific Plan, as amended, as they relate to the subject property in that it is a subdivision for implementation of a portion of Silvera Ranch designated for this type of development. 3 C. The proposed Vesting Tentative Parcel Map 10053 is consistent with the Planned Development zoning approved for Silvera Ranch Phase 4 (Bella Monte) and therefore consistent with the City of Dublin Zoning Ordinance. D. The properties created by the proposed Vesting Tentative Parcel Map 10053 will have adequate access to major constructed or planned improvements as part of Silvera Ranch and the Eastern Dublin Specific Plan. E. Project design, architecture, and concept have been integrated with topography of the project site created by the proposed Vesting Tentative Parcel Map 10053 to minimize overgrading and extensive use of retaining walls. Therefore, the proposed subdivisions are physically suitable for the type and intensity of development proposed. F. All Mitigation Measures and the Mitigation Monitoring program adopted with the Eastern Dublin EIR for the Eastern Dublin Specific Plan Area would be applicable as appropriate for development of the Project and Project site. G. The proposed Vesting Tentative Parcel Map 10053 will not result in environmental damage or substantially injure fish or wildlife or their habitat or cause public health concerns. H. The design of the subdivision will not conflict with easements, acquired by the public at large, or access through or use of property within the proposed subdivision. The City Engineer has reviewed the map and title report and has not found any conflicting easements of this nature. BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin does hereby approve the Site Development Review for the proposed project of 4 detached Single- Family residential units within the project known as Silvera Ranch Phase 4 (Bella Monte), as shown on plans prepared by SDG Architecture + Engineering (03-16-12 Rev) dated received March 19, 2012 subject to the conditions included below. BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin does hereby approve Vesting Tentative Parcel Map 10053 for 4 single family detached residential lots within the project known as Silvera Ranch Phase 4 (Bella Monte), prepared by SDG Architecture + Engineering (03-16-12 Rev) dated received March 19, 2012 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. fPL.I Planning, [Bl Building, [POl Police, [PWl Public Works fP&CSl Parks & Community Services, fADMI Administration/City Attorney, L_INl Finance, [Fl Alameda County Fire Department, [DSRI Dublin San Ramon Services District, [COl Alameda County Department of Environmental Health, [Z71 Zone 7. NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: PLA NNING DEPARTMENT 1. Approval. This Site Development Review approval is for PL Ongoing Planning the construction of 4single-family detached residential units on approximately 0.95-acres within Parcel Map 10053. This approval shall be as generally depicted and indicated on the plans prepared by SDG Architecture + Engineering (03-16-12 Rev) dated received March 19, 2012 on file in the Community Development Department, and as specified by the following Conditions of Approval for this ro'ect. 2. Time Extension. The original approving decision-maker PL 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 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 re uired b the articular Permit. 3. Effective Date. This Site Development Review approval PL Ongoing Standard becomes effective 10 days after action by the Planning Commission. 4. Permit Expiration: Construction or use shall commence PL One Year Standard within one year of approval of this us or the SDR shall from lapse and become null and void. Commencement of Approval construction means the actual construction or use date pursuant to the permit approval, or demonstrating substantial progress toward commencing such construction or use. If there is a dispute as to whether the SDR has expired, the City may hold a noticed public hearing to determine the matter. Such a determination may be processed concurrently with revocation proceedings in appropriate circumstances. If a permit expires, a new application must be made and processed according to the requirements of the Dublin Zoning Ordinance. 5. Compliance with previous approvals: The Applicant PL Ongoing Standard shall comply with all Conditions of Approval for Vesting Tentative Tract 7441 as approved by the Planning Commission, Resolution No. 03-48 on September 23, 2003. 6. Required Permits. Applicant/Developer shall comply PL, PW Issuance of Standard with the City of Dublin Zoning Ordinance and obtain all Building necessary permits required by other agencies (Alameda Permits Count 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 ermits to the Public Works De artment. 7. Requirements and Standard Conditions. The Various Issuance of Standard Applicant/Developer shall comply with applicable Building Alameda County Fire, Dublin Public Works Department, Permits Dublin Building Department, Dublin Police Services, Alameda County Flood Control District Zone 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Department of Health Services requirements and standard conditions. Prior to issuance of building permits or the installation of any improvements related to this project, the Developer shall supply written statements from each such agency or department to the Planning Department, indicating that all applicable conditions re uired have been or will be met. 8. Modifications: The Community Development Director PL Ongoing 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. 9. Satellite Dishes: The Developer's Architect shall PL Issuance of Project prepare a plan for review and approval by the Director of building Specific Community Development and the Chief Building Official permit that 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 irre ular lacement. 10. Indemnification: The Developer shall defend, indemnify, PL, B In Standard and hold harmless the City of Dublin and its agents, accordance condition officers, and employees from any claim, action, or w/govt code s (SC) proceeding against the City of Dublin or its agents, Section officers, or employees to attack, set aside, void, or annul 66499.37 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 a licable law; rovided, 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. 11. 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. 12. 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 permit Department 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 permitted under them that will cause soil compaction 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. 13. Plotting: The approved Site Development Review would PL Issuance of Project allow an of the three a roved floor lans to be building Specific constructed on any of the lots within Monte Bella at permits Silvera Ranch, subject to limitations as follows: ^ Any single floor plan may not exceed 40% of the subdivision. ^ Individual floor plans may be placed next to each other. However, only two of the same individual floor plans may be plotted next to each other without being interrupted by a different floor plan. ^ If two of the same individual floor plans are plotted next to each other, the same individual floor plan may not be plotted across the street from the two. ^ In no case will the same architectural elevation or color scheme be allowed next to or across the street from each other, unless they are a different individual floor plan. 14. 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 subject to citation. UI OING DEPARTN~°ENT 15. 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. 16. 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. 17. 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 Community Development Department. The Phased Occupancy Plan shall be submitted to the Directors of Community Development and Public Works for review and approval a minimum of 45 days prior to the request for occupancy of any building covered by said Phased Occupancy Plan. Any phasing shall provide for adequate vehicular access to all parcels in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. No individual building shall be occupied until the adjoining area is finished, safe, accessible, and provided with all reasonable expected services and amenities, and se arated from remainin 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. 18. Building Permits: To apply for building permits, B Issuance of Standard Applicant/Developer shall submit eight (8) 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/Developer will be responsible for obtaining the approvals of all participation non-City agencies prior to the issuance of building permits. 19. Construction Drawings: Construction plans shall be B Issuance of Standard fully dimensioned (including building elevations) building accurately drawn (depicting all existing and proposed permit 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. 20. 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. 21. Temporary Fencing: Temporary Construction fencing B Through Standard shall be installed along the perimeter of all work under completion construction. 22. 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 a rove Ian rior to issuance of the first buildin ~o 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. 23. 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. 24. 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 Building Division on the a royal. 25. 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) 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) ii Landscape plans shall be submitted to the Green Building Official for review. Prior to approval of the landscape plans by the City of Dublin. 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 /neighborhood. 26. 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 rior to the issuance of the final occu anc . 27. 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. 28. 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. 29. 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. 30. 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. 31. 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. 32. Utility Siting Plan. The Applicant/Developer shall PW, PL Issuance of Standard provide a final Utility Siting Plan showing that transformers Grading and 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 Engineer/Public Works Director prior to installation. 12 S ECURITY AND PQLICE 33. 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. 34. 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. F EES _ j ... .. ..... 35. Fees. The Developer shall pay all applicable fees in PW Zone 7 and Standard effect at the time of building permit issuance including, Parkland In- but not limited to, Planning fees, Building fees, Dublin Lieu Fees San Ramon Services District fees, Public Facilities fees, Due Prior to Dublin Unified School District School Impact fees, Public Filing Each Works Traffic Impact fees, City of Dublin Fire Services Final Map; fees, Noise Mitigation fees, Inclusionary Housing In-Lieu Other Fees fees, Alameda County Flood and Water Conservation Required District (Zone 7) Drainage and Water Connection fees, with and any other fees either in effect at the time and/or as Issuance of noted in the Development Agreement. Building Permits 13 PUB LIC WORKS 36. Clarification. In the event that there needs to be PW, PL Ongoing 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. 37. General Public 'Works Conditions of Approval: PW Ongoing Standard Developer shall comply with the City of Dublin General C of A Public Works Conditions of Approval subject to approval of the CEQA Addendum for Parcel Map 10053 contained below unless specifically modified by these Conditions of A royal. 38. Street Lighting Maintenance Assessment District: The PW Final Map Standard Developer shall request the area to be annexed into a C of A subzone of the Citywide Street Lighting Maintenance Assessment District and shall provide any exhibits required for the annexation. In addition Developer shall pay all administrative costs associated with processing the annexation. 39. Ownership and Maintenance of Improvements: PW Final Map Project Ownership, dedications on final map, and maintenance of and Specific street right-of-ways, common area parcels, and open Ongoing space areas shall be by the City of Dublin and the Homeowner's Association, as shown on the Ownership and Maintenance Responsibility Exhibit, Tract 7441, Silvera Ranch, prepared by Ruggeri-Jensen-Azar Associates, dated February 20, 2003, amended to reflect the addition of the four lots. 40. Parcel Map: The Parcel Map shall include Lots 1-4 and PW Final Map Standard shall also show Parcel "K" of Tract 7540 as a common C of A arcel. 41. Covenants, Conditions and Restrictions (CC&Rs). PW Final Map Standard The four new parcels shall be annexed to the existing C of A Silvera Ranch Homeowner Association 42. Public Streets: Developer shall construct street PW Final Map Standard improvements and offer for dedication to the City of C of A Dublin the right of way for Cydonia Court as shown on the Tentative Ma , to the satisfaction of the Cit En ineer. 14 43. GHAD Maintenance Easement: The parcel map shall PW Final Map Project include the offer of dedication of a 15' maintenance Specific easement over the bench and drainage along the northwesterly boundary of Parcel "K" of Tract 7540. The offer shall be in favor of the Fallon Crossings Geologic Hazard Abatement District. 44. Joint Trench: The developer shall complete the PW Final Map Project installation of the joint trench along the southwesterly side Specific of Fallon Road, from the existing terminus at Cydonia Court to a connection with the existing joint trench at the Dublin Ranch bounds 45. Fallon Road Median Break: The developer shall PW Final Map construction a raised median and landscaping at the existing median break in Fallon Road just north of Signal Hill Drive so that the median is permanently closed. The developer will be reimbursed for this work in the amount of $20,000 previously provided by the Lin Family for this work. The developer will be eligible for Eastern Dublin Traffic Im act fee credits for costs exceedin this amount. 46. 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. 47. Roof drainage shall be connected to a closed conduit, PW Tract import Standard discharging to a curb drain or connected to the storm agreement drain system. Concentrated flows will not be allowed to drain across ublic sidewalks 48. Storm Runoff Treatment Measures: Storm runoff PW Final Map treatment measures shall be as shown on the Stormwater Management Plan attached to the Tentative Parcel Map, or as may be modified by the City with the concurrence of the Developer. The stormwater treatment measures shall also include a Low Impact Development (LID) component for new impervious surface areas, in conformance with Section C.3 of the Municipal Regional Permit for Stormwater. Treatment measures shall also conform with Section C.10 of the MRP with regards to trash capture. The Developer shall be responsible for maintenance of the measures until they are accepted by the City, and shall turn over the measures to the City in a clean condition. IS 49. Fallon Road/ I-580 Interchange Improvement PW Final Map Project Contribution: The developer shall pay a fair share Specific portion of costs advanced by the Lin Family for improvements to the Fallon Road/ I-580 Interchange. The advance will be payable at the time of filing of the first final map. The amount shall be calculated against the then-outstanding balance as of the first final map. City will provide a credit to developers in the amount of developer's advance to be used by developer against payment of Section 2 obligations of the Eastern Dublin Traffic Impact Fee ("TIF"). In accordance with the City's TIF Guidelines (Reso. 20-07), establishment of the credit shall require the payment of an administrative fee. The use of credits (including limitations on the use of credits) and manner of conversion of the credit to a right of reimbursement will be as set forth in the City's TIF Guidelines, subject to the following provisions: (a) the credit shall be granted at the time Developer makes the advance required by this condition; and (b) the credit may be used onl to satisf Section 2 TIF obli ations. 50. Traffic Impact Fees: The developer shall be responsible PW Issuance of Standard for payment of the Eastern Dublin Traffic Impact Fee Building C of A (Sections 1 and 2), the Eastern Dublin I-580 Interchange Permits Fee, and the Tri-Valley Transportation Development Fee. Fees will be a able at issuance of buildin ermits. 51. Eastern Dublin Traffic Impact Fee Minimum Payment: PW Issuance of Standard The developer shall be responsible for payment of a Building C of A minimum portion of the Eastern Dublin Traffic Impact Fee Permits in cash (11 % Category 1 and 25% of Category 2), as specified in the resolution establishing the Eastern Dublin Traffic Impact Fee. These minimum cash payment shall be in addition to any other payment noted in these conditions and may not be offset by fee credits. PUB LIC WORKS GENERAL CONDITIONS OF APPROVAL FO R PARCEL MAP 10053 52. The Developer shall comply with the Subdivision Map PW Ongoing Standard Act, the City of Dublin Subdivision, and Grading C of A Ordinances, the City of Dublin Public Works Standards and Policies, the most current requirements of the State Code Title 24 and the Americans with Disabilities Act with regard to accessibility, and all building and fire codes and ordinances in effect at the time of building permit. All public improvements constructed by Developer and to be dedicated to the City are hereby identified as "public works" under Labor Code section 1771. Accordingly, Developer, in constructing such improvements, shall comply with the Prevailing Wage Law (Labor Code. Sects. 1720 and followin 16 53. The Developer shall defend, indemnify, and hold PW Ongoing Standard harmless the City of Dublin and its agents, officers, and C of A employees from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City related to this project (Tract 8024) 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. 54. In the event that there needs fo be clarification to these PW Ongoing Standard Conditions of Approval, the Director of Community C of A Development and the City Engineer have the authority to clarify the intent of these Conditions of Approval to the Developer without going to a public hearing. The Director of Community Development and the City Engineer also have the authority to make minor modifications to these conditions without going to a public hearing in order for the Developer to fulfill needed improvements or miti ations resultin from im acts of this ro'ect. AGR EEMENTS AND BONDS 55. The Developer shall enter into a Tract Improvement PW First Final Standard Agreement with the City for all public improvements Map and C of A including any required offsite storm drainage or roadway Successive improvements that are needed to serve the Tract that Maps have not been bonded with another Tract Improvement A reement. 56. The Developer shall provide performance (100%), and PW First Final Standard labor & material (100%) securities to guarantee the tract Map and C of A improvements, approved by the City Engineer, prior to Successive execution of the Tract Improvement Agreement and Maps approval of the Final Map. (Note: Upon acceptance of the improvements, the performance security may be replaced with a maintenance bond that is 25% of the value of the performance security.) FEE S 57. The Developer shall pay all applicable fees in effect at the PW Zone 7 and Standard time of building permit issuance including, but not limited Parkland in- C of A to, Planning fees, Building fees, Dublin San Ramon lieu fees Services District fees, Public Facilities fees, Dublin due prior to Unified School District School Impact fees, Public Works filing each Traffic Impact fees, Alameda County Fire Services fees; Final Map; Noise 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 issuance of the Development Agreement. Building Permits 58. The Developer shall dedicate parkland or pay in-lieu fees PW Each Final Standard in the amounts and at the times set forth in City of Dublin Map C of A Resolution No. 214-02, or in any resolution revising these amounts.- and as implemented by the Administrative Guidelines ado ted b Resolution 195-99. PER MITS 59. Developer shall obtain an Encroachment Permit from the PW Start of Standard Public Works Department for all construction activity Work C of A within the public right-of-way of any street where the City has accepted the improvements. The encroachment permit may require surety for slurry seal and restriping. At the discretion of the City Engineer an encroachment for work specifically included in an Improvement A reement ma not be re uired. 60. Developer shall obtain aGrading / Sitework Permit from PW Start of Standard the Public Works Department for all grading and private Work C of A site improvements that serves more that one lot or residential condominium unit. 61. Developer shall obtain all permits required by other PW Start of Standard agencies including, but not limited to Alameda County Work C of A Flood Control and Water Conservation District Zone 7, California Department of Fish and Game, Army Corps of Engineers, Regional Water Quality Control Board, Caltrans and provide copies of the permits to the Public Works De artment. SUB MITTALS 62. All submittals of plans and Final Maps shall comply with PW Approval of Standard the requirements of the "City of Dublin Public Works improvement C of A Department Improvement Plan Submittal Requirements", plans or Final and the "City of Dublin Improvement Plan Review Check Map List". ~s 63. The Developer will be responsible for submittals and PW Approval of Standard reviews to obtain the approvals of all participating non- improvement C of A City agencies. The Alameda County Fire Department and plans or Final the Dublin San Ramon Services District shall approve Map and sign the Improvement Plans. 64. Developer shall submit a Geotechnical Report, which PW Approval of Standard includes street pavement sections and grading improvement C of A recommendations. plans, grading plans, or Final Ma 65. Developer shall provide the Public Works Department a PW cceptance o Standard digital vectorized file of the "master" files for the project improvements C of A when the Final Map has been approved. Digital raster nd release o copies are not acceptable. The digital vectorized files bonds shall be in AutoCAD 14 or higher drawing format. Drawing units shall be decimal with the precision of the Final Map. All objects and entities in layers shall be colored by layer and named in English. All submitted drawings shall use the Global Coordinate System of USA, California, NAD 83 California State Plane, Zone III, and U.S. foot. FINAL MAP 66. The Final Map shall be substantially in accordance with PW Approval of Standard the Tentative Map approved with this application, unless Final Map C of A otherwise modified by these conditions. Multiple final maps may be filed in phases, provided that each phase is consistent with the tentative map, that phasing progresses in an orderly and logical manner, and adequate infrastructure is installed with each phase to serve that phase as a stand-alone project that is not de endent u on future hasin for infrastructure. 67. All rights-of--way and easement dedications required by PW Approval of Standard the Tentative Map including the Public Service Easement Final Map C of A shall be shown on the Final Ma . 68. Street names shall be assigned to each public/private PW Approval of Standard street pursuant to Municipal Code Chapter 7.08. The Final Map C of A approved street names shall be indicated on the Final Ma . 69. The Final Map shall include the street monuments to be PW Monuments Standard set in all public streets. to be shown C of A on final map and installed prior to acceptance of improveme nts 19 EASEMENTS 70. The Developer shall obtain abandonment from all PW Approval of Standard applicable public agencies of existing easements and improvement C of A right of ways within the development that will no longer be plans or used. appropriate final ma 71. The Developer shall acquire easements, and/or obtain PW Approval of Standard rights-of-entry from the adjacent property owners for any Improvement C of A improvements on their property. The easements and/or Plans or rights-of-entry shall be in writing and copies furnished to Appropriate the Cit En ineer. Final Ma GRA DING 72. The Grading Plan shall be in conformance with the PW Approval of Standard recommendations of the Geotechnical Report, the grading C of A approved Tentative Map and/or Site Development plans or Review, and the City design standards & ordinances. In issuance of case of conflict between the soil engineer's grading recommendations and City ordinances, the City Engineer permits, shall determine which shall apply. and on oin 73. A detailed Erosion Control Plan shall be included with the PW Approval of Standard Grading Plan approval. The plan shall include detailed grading C of A design, location, and maintenance criteria of all erosion plans or and sedimentation control measures. issuance of grading permits, and on oin 74. Tiebacks or structural fabric for retaining walls shall not PW Approval of Standard cross property lines, or shall be located a minimum of 2' grading C of A below the finished grade of the upper lot. plans or issuance of grading permits, and on oin 75. Bank slopes along public streets shall be no steeper than PW Approval of Standard 3:1 unless shown otherwise on the Tentative Map grading C of A Grading Plan exhibits. The toe of any slope along public plans or streets shall be one foot back of walkway. The top of any issuance of slope along public streets shall be three feet back of grading walkway. Minor exception may be made in the above permits, slope design criteria to meet unforeseen design and constraints subject to the approval of the City Engineer. ongoing 20 IMPR OVEMENTS 76. The public improvements shall be constructed generally PW Approval of Standard as shown on the Tentative Map and/or Site Development improvement C of A Review. However, the approval of the Tentative Map plans or start and/or Site Development Review is not an approval of the of specific design of the drainage, sanitary sewer, water, construction, and street im rovements. and on oin 77. All public improvements shall conform to the City of PW Approval of Standard Dublin Standard Plans and design requirements and as improvement C of A approved by the City Engineer. plans or start of construction, and on oin 78. Public streets shall be at a minimum 1 % slope with PW Approval of Standard minimum gutter flow of 0.7% around bumpouts. Private improvement C of A streets and alleys shall be at minimum 0.5% slope. plans or start of construction, and on oin 79 Curb Returns on arterial and collector streets shall be 40- PW Approval of Standard . foot radius, all internal public streets curb returns shall be improvement C of A 30-foot radius (36-foot with bump outs) and private plans or start streets/alleys shall be a minimum 20-foot radius, or as of approved by the City Engineer. Curb ramp locations and construction, design shall conform to the most current Title 24 and and ongoing Americans with Disabilities Act requirements and as a roved b the Cit Traffic En ineer. 80. The Developer shall install all traffic signs and pavement PW Occupancy of Standard marking as required by the City Engineer. units or C of A acceptance o im rovements 81. Street light standards and luminaries shall be designed PW Occupancy of Standard and installed per approval of the City Engineer. The units or C of A maximum voltage drop for streetlights is 5%. acceptance o im rovements 82. All new traffic signals shall be interconnected with other PW Occupancy of Standard new signals within the development and to the existing units or C of A City traffic signal system by hard wire. acceptance o im rovements 83. The Developer shall construct bus stops and shelters at PW Occupancy of Standard the locations designated and approved by the LAVTA and units or C of A the City Engineer. The Developer shall pay the cost of acceptance o rocurin and installn these im rovements. im rovements 84. Developer shall construct all potable and recycled water PW Occupancy of Standard and sanitary sewer facilities required to serve the project units or C of A in accordance with DSRSD master plans, standards, acceptance o s ecifications and re uirements. im rovements 21 85. Fire hydrant locations shall be approved by the Alameda PW Occupancy of Standard County Fire Department. A raised reflector blue traffic units or C of A marker shall be installed in the street opposite each acceptance o h drant. im rovements 86. The Developer shall furnish and install street name signs PW Occupancy of Standard for the project to the satisfaction of the City Engineer. units or C of A acceptance o improvements 87. Developer shall construct gas, electric, cable TV and PW Occupancy of Standard communication improvements within the fronting streets units or C of A and as necessary to serve the project and the future acceptance o adjacent parcels as approved by the City Engineer and improvements the various Public Utilit a encies. 88. All electrical, gas, telephone, and Cable TV utilities, shall PW Occupancy of Standard be underground in accordance with the City policies and units or C of A ordinances. All utilities shall be located and provided acceptance o within public utility easements and sized to meet utility improvements com an standards. 89. All utility vaults, boxes and structures, unless specifically PW Occupancy of Standard approved otherwise by the City Engineer, shall be units or C of A underground and placed in landscape areas and acceptance o screened from public view. Prior to Joint Trench Plan improvements approval, landscape drawings shall be submitted to the City showing the location of all utility vaults, boxes and structures and adjacent landscape features and plantings. The Joint Trench Plans shall be signed by the City Engineer prior to construction of the joint trench improvements. CONSTRUCTION 90. The Erosion Control Plan shall be implemented between PW Ongoing as Standard October 15th and April 15th unless otherwise allowed in needed C of A writing by the City Engineer. The Developer will be responsible for maintaining erosion and sediment control measures for one year following the City's acceptance of the subdivision im rovements. 91. If archaeological materials are encountered during PW Ongoing as 1993 construction, construction within 30 feet of these needed EDEIR materials shall be halted until a professional MM Archaeologist who is certified by the Society of California Archaeology (SCA) or the Society of Professional Archaeology (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate miti ation measures. 22 92. Construction activities, including the maintenance and PW Ongoing as Standard warming of equipment, shall be limited to Monday through needed C of A Friday, and non-City holidays, between the hours of 7:30 a.m. and 5:30 p.m. except as otherwise approved by the City Engineer. Extended hours or Saturday work will be considered by the City Engineer on acase-by-case basis. 93. Developer shall prepare a construction noise PW Start of Standard management plan that identifies measures to be taken to construction C of A minimize construction noise on surrounding developed Implements properties. The plan shall include hours of construction tion ongoing operation, use of mufflers on construction equipment, as needed speed limit for construction traffic, haul routes and identify a noise monitor. Specific noise management measures shall be provided prior to project construction 94. Developer shall prepare a plan for construction traffic PW Start of Standard interface with public traffic on any existing public street. construction; C of A Construction traffic and parking may be subject to specific Implementati requirements by the City Engineer. on ongoing as needed 95. The Developer shall be responsible for controlling any PW Ongoing Standard rodent, mosquito, or other pest problem due to C of A construction activities. 96. The Developer shall be responsible for watering or other PW Start of Standard dust-palliative measures to control dust as conditions construction; C of A warrant or as directed by the City Engineer. Implementati on ongoing as needed 97. The Developer shall provide the Public Works PW Issuance of Standard Department with a letter from a registered civil engineer building C of A or surveyor stating that the building pads have been permits or graded to within 0.1 feet of the grades shown on the acceptance o approved Grading Plans, and that the top & toe of banks improvements and retaining walls are at the locations shown on the a roved Gradin Plans. NPD ES 98. Prior to any clearing or grading, the Developer shall PW Start of any Standard provide the City evidence that a Notice of Intent (NOI) has construction C of A been sent to the California State Water Resources Control Activities Board per the requirements of the NPDES. A copy of the Storm Water Pollution Prevention Plan (SWPPP) shall be provided to the Public Works Department and be kept at the construction site. 23 99. The Storm Water Pollution Prevention Plan (SWPPP) PW SWPPP to Standard shall identify the Best Management Practices (BMPs) be prepared C of A appropriate to the project construction activities. The prior to SWPPP shall include the erosion control measures in approval of accordance with the regulations outlined in the most improveme current version of the ABAG Erosion and Sediment nt plans: Control Handbook or State Construction Best Implementa Management Practices Handbook. The Developer is tion prior to responsible for ensuring that all contractors implement all start of storm water pollution prevention measures in the SWPPP. construction and ongoing as needed 100 The Homeowner's Association shall enter into an PW First final Standard agreement with the City of Dublin that guarantees the map; modify C of A perpetual maintenance obligation for all storm water as needed treatment measures installed as part of the project. Said with agreement is required pursuant to Provision C.3.h. of successive RWQCB Order R2-2009-0074 for the issuance of the maps Alameda Countywide NPDES municipal storm water permit. Said permit requires the City to provide verification and assurance that all treatment devices will be properly operated and maintained. This condition shall not apply if the water quality treatment measures are maintained by a GRAD or other ublic entit . PASSED, APPROVED AND ADOPTED this 27t" day of March 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Planning Manager G:IPA#120101PLPA-2010-00055 Silvers Ranch Phase 41PC Mtg 3.27.121pc reso approving vtpm and sdr for silvers kb home.doc 24 ~~U Q GZ m D ~.,~ ~;, :, ~. 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O _ ~ o_ rn ~ __ 3 m W v a ~ o ~ _ o- m - ~ ~ ~ cn cn o ~ ~ o o ~ ~ ~ n a c N ~ n m ~ ~ m m ~ m ~ ~ m ~ ~' ~ o. m < ~° T ~ o m o v o ~~ m' vl C7 C7 ~ y iv a m . o- ~ ~ ~ n n fl ~ ° ~ N ~ ° m i c n 0 o - m ° m S O ~ m N Ul ~~ O o o m Points o ° ~ '~ ~ ~ ~ ~ ~ ~ Achieved ' ° ~ Community o °' Energy Ul ~ IAQ/Health °' o Resources C° ~ Water _ ------ I STAFF REPORT PLANNING COMMISSION DATE: March 27, 2012 TO: Planning Commission SUBJECT: PLPA-2010-00030 Combat Sports Academy Conditional Use Permit Amendment to expand an existing Indoor Recreational Facility (Martial Arts Studio), a Parking Reduction for an Individual Use and a Parking Reduction for Shared Parking Report Prepared by Mamie R. Delgado, Senior Planner EXECUTIVE SUMMARY: The Applicant is requesting an amendment to an existing Conditional Use Permit to expand the current hours of operation for Combat Sports Academy located at 7100 Village Parkway and to expand the martial arts studio into the building at 7106 Village Parkway. The Applicant is also requesting a Parking Reduction for an Individual Use to reduce the total number of parking spaces required between 7:30am and 5:30pm at both locations and a Parking Reduction for Shared Parking before 7:30am and after 5:30pm at both locations. 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 Amendment to expand an existing Indoor Recreational Facility (Martial Arts Studio), a Parking Reduction for an Individual Use and a Parking Reduction for Shared Parking. VMov~~~~ao(.n Submitted By Senior Planner vie a By Planning anager COPIES TO: Applicant File ITEM NO.: Page 1 of 7 G:IPA#120101PLPA-2010-00030 Combat Sports Academy CUPIPC Meeting 03.27.121PCSR CSA 03.27.12.doc PROJECT DESCRIPTION: Background Combat Sports Academy is an existing Indoor Recreational Facility (martial arts studio) located at 7100 Village Parkway within a portion of the Parkway Center (see Figure 1). On June 30, 2009 the Zoning Administrator held a public hearing and adopted Resolution 09-06 (Attachments 1 and 2) approving the following Conditional Use Permits for Combat Sports Academy: 1) Operation of an Indoor Recreational Facility; 2) Parking Reduction for an Individual Use; and 3) Parking Reduction for Shared Parking. Due to a limited amount of parking within the Parkway Center, Combat Sports Academy's hours of operation were limited to before 7:30am and after 5:30pm when the majority of the other businesses within Parkway Center would be closed. Combat Sports Academy opened in September 2009. In January 2010 it was discovered that Combat Sports Academy was operating outside of their approved hours of operation. The owner, Mujeeb Hamid, was provided with the appropriate application materials to request a Conditional Use Permit Amendment. ~~! ' ~ .. Mr. Hamid subsequently submitted an "' , application for a Conditional Use .; ,. Permit amendment to expand the ~ ~. ~ ~ ~,, hours of operation in order to provide a limited number of classes between the hours of 7:30am and 5:30pm. On June 23, 2011, a public hearing was scheduled before the Zoning Administrator to hear the Conditional Use Permit amendment request; however prior to the hearing Staff was notified by Mr. Hamid that he had signed a lease for the building at 7106 Village Parkway and wanted to expand the martial arts studio to include both tenant spaces. The Zoning Administrator hearing was canceled and Mr. Hamid was advised to submit a revised application for a Conditional Use Permit amendment to include the additional tenant space. Mr. Hamid submitted a revised application for a Conditional Use Permit amendment. 2 of 7 Figure 1. Parkway Center Description Combat Sports Academy is a martial arts and fitness training center that focuses on: 1) martial arts techniques used for self-defense; 2) competitive and recreational boxing; and 3) strengthening and conditioning physical fitness. Combat Sports Academy is currently located at 7100 Village Parkway and is requesting to expand their hours of operation in their existing location and expand the use into 7106 Village Parkway (Attachment 3). Both locations are within the Parkway Center which is zoned D-D (Downtown Dublin) and is within the Village Parkway District of the Downtown Dublin Specific Plan area. Figure 2. Pa Center The Parkway Center is ~ ~~ - -- comprised of six buildings (see Figure 2) and aself-serve car wash and includes a mix of use types including automotive repairs and service, retail commercial, eating and drinking establishments and warehousing. The existing Combat Sports Academy is located within a four unit building fronting Village Parkway; the proposed expansion area is located within a three unit building behind the existing facility (see Figure 2). Other tenants within the front building include Ty West Martial Arts, Custom Kitchen and Bath, and Matt's Classic Bowties (a retail auto parts store). Tenants in the rear building include a warehouse and auto repair facility. The request before the Planning Commission is an amendment to an existing Conditional Use Permit to expand the current hours of operation at 7100 Village Parkway and to expand the martial arts studio into the building at 7106 Village Parkway. Mr. Hamid is also requesting a Parking Reduction for an Individual Use to reduce the total number of parking spaces required between 7:30am and 5:30pm at both locations and a Parking Reduction for Shared Parking before 7:30am and after 5:30pm at both locations. The Zoning Ordinance allows the Zoning Administrator to transfer original hearing jurisdiction to the Planning Commission at any point in the project review process because of policy implications, unique or unusual circumstances or the magnitude of the project. The Zoning Administrator has exercised their discretion and is transferring hearing jurisdiction to the Planning Commission for the reasons set forth in the Zoning Ordinance. 3 of 7 ANALYSIS: Expansion of Hours of Operation The existing Combat Sports Academy facility at 7100 Village Parkway is 4,695 square feet and includes approximately 461 square feet of retail; a 484 square foot boxing ring; an 800 square foot cage; and approximately 2,454 square feet of open mat area (see Attachment 4). The remaining square footage includes restrooms and a hallway. The proposed expansion into 7106 Village Parkway includes a 3,833 square foot space with an open floor plan. Mr. Hamid proposes a 3,733 square foot training area and a 100 square foot restroom (Attachment 5). The approved hours of operation for Combat Sports Academy at 7100 Village Parkway are: • Monday through Friday, 6:30am-7:30am and 5:30pm-9:30pm; • Saturday, 9:OOam-2:30pm; and • Sunday, 9:OOam-10:OOam. The Conditional Use Permit amendment request includes expanding the existing hours of operation to 6:OOam-10:OOpm Monday through Sunday with a .limited number of classes between 7:30am and 5:30pm Monday through Friday. The same hours of operation are also proposed for the expansion of Combat Sports Academy at 7106 Village Parkway. The proposed hours of operation are consistent with Chapter 8.70 (Indoor Recreational Facilities) which allows Indoor Recreational Facilities to operate from 6:OOam-10:OOpm seven days a week. Mr. Hamid has agreed to limit activities between the hours of 7:30am and 5:30pm when the majority of surrounding businesses are open in order to ensure that adequate parking remains available for all tenants within the Parkway Center. Parkina Reduction for an Individual Use A Parking Reduction for an Individual Use is requested when an Applicant believes that the number of parking spaces required by the Zoning Ordinance for their use is not applicable. A parking study is required to analyze the demands of the proposed use and demonstrate that the required parking standards are excessive. Chapter 8.76 (Off-Street Parking and Loading Regulations) sets forth the parking requirements by Use Type and requires 1 parking space for every 200 square feet of gross floor area for a martial arts studio. The existing martial arts studio at 7100 Village Parkway is 4,695 square feet and requires 23 parking spaces. The proposed expansion into 7106 Village Parkway is 3,833 square feet and requires 19 parking spaces. The total parking requirement is 42 spaces. Mr. Hamid has agreed to limit the activities taking place at Combat Sports Academy during the hours of 7:30am and 5:30pm Monday through Friday (see Attachment 3) to equal the parking demand that would be generated if a retail use occupied 7100 Village Parkway and a warehouse use occupied 7106 Village Parkway (these were the previous uses of the tenant spaces, respectively). A retail use operating at 7100 Village Parkway would require 16 parking spaces and a warehouse use at 7106 Village Parkway would require 4 parking spaces for a total parking requirement of 20 spaces. The City of Dublin Traffic Engineer analyzed the parking demands for Combat Sports Academy based on the operating characteristics of the use as outlined in their Written Statement (see 4of7 Attachment 3). By limiting the parking demand of the martial arts studio to 20 spaces between the hours of 7:30am and 5:30pm Monday through Friday, Combat Sports Academy would generate the same parking demand as if a permitted retail and warehouse use occupied the tenant spaces (Attachment 6). In calculating the requirement for 20 parking spaces the following assumptions were made: o A retail use would require 1 parking space per 300 square feet or 16 spaces. o A warehouse use would require 1 parking space per 1,000 square feet or 4 spaces. o No more than 20 employees and customers in the facility at any given time. o Non-driving age children would be excluded from the count. o The total head count of 20 persons could include any combination of employees and customers (excluding non-driving age children). Condition of Approval No. 17 has been included in the draft Resolution (Attachment 7) restricting the number of people that can occupy 7100 and 7106 Village Parkway between the hours of 7:30am and 5:30pm Monday through Friday to no more than 20 people including employees and customers and excluding non-driving age children. Parking Reduction for Shared Parking A Parking Reduction for Shared Parking is requested when off-street parking is proposed to be shared by two or more adjacent uses that, by their natures and operating times, do not conflict with one another. A shared parking study is required to ensure that adequate parking is provided to meet the greatest parking demands of all of the uses. A shared parking study was conducted and found that at least 19 parking spaces were available after 5:30pm to accommodate the expansion of the martial arts studio into 7106 Village Parkway (see Attachment 6). No changes are proposed to the off-peak operations of the existing tenant space at 7100 Village Parkway. On Saturday and Sunday, many of the surrounding businesses are closed; therefore, it was determined that an adequate supply of parking would be available for Combat Sports Academy to operate on the weekends. CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLAN AND ZONING ORDINANCE: The Project site is designated Downtown Dublin -Village Parkway District on the General Plan Land Use Map and is located within the Downtown Dublin Specific Plan Area. The project site is zoned DD (Downtown Dublin) and Indoor Recreational Facilities are a permitted use. With the approval of a Parking Reduction for an Individual Use and a Parking Reduction for Shared Parking, the project meets the requirements of Chapter 8.76 (Off-Street Parking and Loading Regulations) of the Dublin Zoning Ordinance. A parking study was prepared by a qualified traffic consultant affirming that a reduction in parking for Combat Sports Academy is appropriate based on restricting the maximum number of people that can occupy 7100 and 7106 Village Parkway between the hours of 7:30am and 5:30pm Monday through Friday and based on the fact that the majority of businesses within the Parkway Center are closed after 5:30pm and have limited hours of operation on the weekend. Conditions of Approval have been applied to the project to ensure on-going compatibility between Combat Sports Academy and surrounding use types. 5of7 REVIEW BY APPLICABLE DEPARTMENT AND AGENCIES: The Building Division, Fire Prevention Bureau, Public Works Department, Dublin Police Services and Dublin San Ramon Services District 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. Conditions of Approval from these departments and agencies have been included in the attached Resolution (Attachment 7). 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. A Public Notice was also published in the Valley Times and posted at several locations throughout the City. To date, the City has received no objections from surrounding property owners regarding the Project. A copy of this Staff Report has been provided to the Applicant. ENVIRONMENTAL REVIEW: Pursuant to the California Environmental Quality Act (CEQA) Staff is recommending that the Project be found Categorically Exempt from CEQA in accordance with Section 15301, Existing Facilities. ATTACHMENTS: 1) Zoning Administrator Staff Report dated June 30, 2009. 2) Zoning Administrator Resolution 09-06 approving a Conditional Use Permit for the operation of an Indoor Recreational Facility, for a Parking Reduction for an Individual Use and for a Parking Reduction for Shared Parking at 7100 Village Parkway. 3) Written Statement dated 12/12/2011. 4) Approved Project Plans for 7100 Village Parkway dated received on June 17, 2009. 5) Project Plans for 7106 Village Parkway dated received on October 7, 2011. 6) Parking Evaluation for Combat Sports Academy Conditional Use Permit dated January 19, 2012 from Jaimee Bourgeois, Transportation and Operations Manager. 7) Resolution approving a Conditional Use Permit Amendment to expand an existing Indoor Recreational Facility, for a Parking Reduction for an Individual Use and for a Parking Reduction for Shared Parking at 7100 and 7106 Village Parkway. 6of7 GENERAL INFORMATION: APPLICANT: PROPERTY OWNER: LOCATION: ASSESSORS PARCEL NUMBER: GENERAL PLAN LAND USE DESIGNATION: SPECIFIC PLAN LAND USE DESIGNATION: SURROUNDING USES: Mujeeb Hamid, Combat Sports Academy, 7100 Village Parkway, Dublin, CA 94568 Michael Ware, SF Rent's, 1485 Bayshore Boulevard, San Francisco, CA 94124 7100 and 7106 Village Parkway 941-0210-005-04 Downtown Dublin -Village Parkway District Downtown Dublin Specific Plan, Village Parkway District CURRENT USE OF LOCATION ZONING GENERAL PLAN LAND USE PROPERTY North DD Downtown Dublin -Village Automotive Repair/Service Parkwa District South DD Downtown Dublin -Village Commercial Office Parkwa District East DD Downtown Dublin -Village Retail Commercial Parkwa District West N/A N/A Interstate 680 REFERENCES: Dublin General Plan Downtown Dublin Specific Plan Dublin Zoning Ordinance 7of7 N 1 t~ N AGENDA STATEMENT ZONING ADMINISTRATOR MEETING DATE: June 30, 2009 SUBJECT: Public Hearing: PA 09-016 Combat Sports Academy Conditional Use Permit for an Indoor Recreational Facility, a Parking Reduction for an Individual Use and a Parking Reduction for Shared Parking (Quasi -JudiciaUAdjudicatory) Repn/•l Prepared' by Mdrnie R. Waffle, Senior Planner ATTACHMENTS: 1) Resolution approving a Conditional Use Permit for the operation of an Indoor Recreational Facility, for a Parking Reduction for an [ndividual Use and for a Parking Reduction for Shared Parking located at 7100 Village Parkway. 2) Written Statement. 3) Class Schedule dated received June 2, 2009. 4) Project Plans. 5) Parking Study prepared by City of Dublin Traffic Engineer, Jaimee Bourgeois dated June 17, 2009. 6) Parkway Center Tenants Hours of Operation. RECOMMENDATION: 1) Receive Staff presentation; 2) Upen the public hearing; 3) Take testimony from the Applicant and the public; 4) Close the public hearing and deliberate; and 5) Adopt the Resolution approving a Conditional Use Permit for the operation of an Indoor Recreational Facility, for a Parking Reduction for an Individual Use and for a Parking Reduction for Shared Parking located at 7100 Village Parkway. PROJECT DESCRIPTION: Background The Applicant, Mujeeb Hamid, on behalf of Combat Sports Academy has submitted an application for a Conditional Use Permit to operate an Indoor Recreational Facility specializing in self-defense at 7100 Village Parkway. The project site is located in a Planned Development Zoning District (PA 02-012) within the Village Parkway Specific Plan Area. Combat Sports Academy would occupy a portion of an existing multi-tenant commercial building within the Parkway Center. ~'he Parkway Center is comprised of six freestanding buildings and currently includes a mix of uses including automotive repairs and service, retail commercial, eating and drinking establishments and warehousing (see Figure 1 below). Combat Sports Academy would be located within a four unit commercial building fronting Village Parkway. Other tenants within the building currently include Ty West Martial Arts, Custom Kitchen and Bath, and Matt's Classic Bowties (a retail auto parts store). COPIES TO: Applicant Property Owner Page 1 of 7 G:IPAM42009iPA 09-0/6 Combat Sports Academe C'(/P'~Z4SK.c%c. ITEM NU. ATTACHMENT 1 Figure t. Aerial View of Parkway ('enter ANALI'Slti: Cnnditiorral tlse Permit Parkway Center is located within a Planned Development Zoning District (Pf1 0?-Ol?) which is more commonly referred to as the Village Parkway Specific flan. "l~he Village Parkway Specific Plan sets forth the permitted, conditional and temporary uses allowed vrithin the Plan Area for new construction and development and refers back to the former 7.oning District for the continued use of existing buildings. Combat Sports Academy would he occupying an existing building therefore we refer back to the former Zoning District for the permitted, conditional and temporary uses. The former Zoning District designation is C-2, General Commercial. Within the ('-2 Zoning District. Indoor Recreational Facilities are permitted with the approval of a Conditional Use Permit by the "Coning Administrator. Indoor Recreational Facility Combat Sports Academy is a martial arts and fitness training center that focuses on: 1) martial arts techniques used for self-defense; 2) competitive and recreational boxing; and. 3) strengthening and conditioning physical fitness. The layout of the facility includes an approximately 461 square toot retail area: a 484 square foot boxing ring; an 800 square toot cage; and, approximately ?,454 square feet of open mat area. All activities would be offered in a structured class format with up to 10 students per class 2 of 7 with a maximum of three classes being offered concurrently. In addition to the two owners, Combat Sports Academy would employ up to 4 instructors to assist in teaching the various classes offered. Classes would be offered from 6:30 a.m. - 7:30 a.m. and 5:30 p.m. - 9:30 p.m. Monday thru Friday; 9:00 a.m. - 2:30 p.m. on Saturday; and, 9:00 a.m. - 10:00 a.m. on Sunday. The Dublin "Coning Ordinance sets forth the parking requirements for Indoor Recreational Facilities in Chapter 8.76, Off-Street Parking and Loading Regulations. A martial arts studio is required to provide 1 parking space for every 50 square feet plus 1 parking space for every 250 square feet of office. The Combat Sports Academy tenant space is 4,695 square feet and does not include any office space. At a 1 parking space for every 50 square feet, the total parking requirement for this facility is 94 spaces per the Zoning Ordinance. Parking Reduction for an Individual Use The Dublin Zoning Ordinance allows for a Parking Reduction for an lndividual Use (Section 8.76.OSO.E) when an Applicant believes that the number of parking spaces required for their use is not applicable because the use would function differently than the generic use type and associated parking standards. In order to grant a Parking Reduction for an lndividual Use, a Conditional Use Permit approved by the Zoning Administrator is required and the following conditions must be met: 1. 'The Conditional Use Permit findings can be made. 2. A parking study prepared by a qualified consultant analyzing the parking demands of the proposed use and the parking demands of similar uses in similar situations demonstrating that the required parking standards are excessive and proposing alternate parking standards which are appropriate and ensure that there will not be a parking deficiency. 3. Overflow paring would not impact any adjacent use. The City of Dublin Trafi'ic Engineer analyzed the parking demands for Combat Sports Academy based on the operating characteristics of the use including the class schedule, number of students per class, the age of the students and the number of employees (see Attachments 2 and 3). In the absence of published data to estimate the peak parking demands for a martial arts studio, the operating characteristics of Combat Sports Academy were used to assess whether the Zoning Ordinance parking standard was excessive and to determine what an appropriate parking standard would be. Based on the results of the Traftic Engineers parking demand study (see Attachment 5) Staff is recommending that a Parking Reduction for An Individual Use be granted and that a total of 33 parking spaces be required for Combat Sports Academy. In calculating the 33 parking spaces the following assumptions were made: o Two owners would always be present, using two parking spaces. o One instructor for each class would be present, using three spaces. o For two adult classes, l0 students would be present for each, using ZO spaces. o For one children's class, ] 0 students would be present but some may be dropped off. It was assumed that eight parking spaces would be used. Conditions of Approval have been incorporated into the Project requiring that any modifications to the operating characteristics of the Project be subject to review and approval in accordance with Section 8.100.080, Amendments (to a Conditional Use Permit) of the Dublin Zoning Ordinance (see Attachment 1, Condition of Approval No.'s l6, l7 and l9). 3 of 7 Parking Reduction for Shared Parking The Parkway Center has a total of l 60 parking spaces which are currently shared among 25 tenants in six buildings throughout the center (not including Combat Sports Academy). Based on the mix of uses within the Parkway Center approximately 242 parking spaces are required to support the existing uses per the Zoning Ordinance resulting in an existing parking deficiency of 82 spaces. With the addition of Combat Sports Academy, and assuming the aforementioned Parking Reduction for an Individual Use is granted, an additional 33 parking spaces would be required increasing the parking deficiency to 115 parking spaces (see Table 1). ... ^_^_ , n_~[.__..--. r,...~,... D.^..4:nn i2nnnirPmPntc 1 aUIC 1. i Q[nwa t.cuaw a w^ .~-.. .~.. ---- ----- Parkin Re wired --- Parkin Available Parkin Deficienc Existin Tenants 242 s aces 160 s aces -82 s aces Combat S orts Academy 33 s aces 0 s aces -33 s aces Total 275 s aces 1.60 s aces -115 s aces The Dublin Zoning Ordinance also allows for a Parking Reduction for Shared Parking (Section 8.76.OSO.F) when shared off-street parking is proposed between two or more adjacent use types. In such circumstances, the Zoning Administrator may grant a reduction in oft-street parking requirements if a report by a registered traffic engineer shows that the following requirements can be met: l . The Conditional Use Permit findings can be made. 2. A sufficient number of spaces is provided to meet the greatest parking demands of the participating use types and to ensure that there will not be a parking deficiency. 3. Satisfactory evidence is provided that the use types by their natures and operating times will not conflict with each other. 4. Overflow parking will not adversely affect any adjacent use. Additional documents, covenants, deed restrictions, or other agreements as may be deemed necessary by the Zoning Administrator are executed to assure that the required parking spaces provided are maintained and that uses with similar hours and parking requirements as those uses sharing the parking facilities remain for the life of the documents, covenants, deed restrictions or other agreements. In order to determine the existing parking demand at the Parkway Center, parking counts were performed at 5:15 p.m. on the following three separate weekdays: o Tuesday, June 2"`~; o Wednesday June 10`"; and o Thursday, June l 1 `h. The parking counts were conducted at 5:15 p.m. when patrons would begin arriving for the three classes offered at 5:30 p.m. which is the peak operating time for the facility. A summary of the results of the parking counts are provided below in Table 2. 4of7 m_~~_ 1 n.._I... . !`.~..~o.. D.ir•lrinrt ('n~intc ...w.. ~. »....... _.------ - Day/Time -------- No. of Spaces Occu ied Total No. of S aces No. of Spaces Available Tues. June 2" 5:15 m 80 160 80 Wed. June 10 5:15 m 81 160 79 Thurs. June 11 ` ~ 5:15 m 93 160 67 _ The average number of parking spaces available at 5: 15 p.m. was 75 spaces. Based on a survey of the hours of operation for surrounding businesses, the majority of businesses close at 5 p.m. Monday through Friday (see Attachment 6). With the majority of businesses closed when Combat Sports Academy opens. ample parking becomes available to meet the greatest parking demands for the Project. Conditions of Approval have been incorporated into the Project to ensure that the operating times of Combat Sports Academy remai~l compatible with surrounding businesses and requiring prior review and approval for any modifications to the Project's hours of operation in accordance with Section 8.100.080, Amendments (to a Conditional Use Permit) of the Dublin Zoning Ordinance (see Attachment 1, Condition of Approval No.'s 16 and 20}. CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLAN AND ZONING ORDINANCE.: "I'he Project site is designated Retail/Office and Automotive in the General Plan and Village Parkway Specific Plan and is located in a PD, Planned Development Zoning District (PA 02-012) with an underlying zoning designation of C-2, General Commercial. The C-2 Zoning District allows for the establishment of an Indoor Recreational Facility as a conditional use and is consistent with the Retail/Office and Automotive land use designation of the General Plan. With the approval of a Parking Reduction for an Individual Use and a Parking Reduction for Shared Parking, the project meets the requirements of the Oft-Street Parking and Loading Regulations contained within the Dublin Zoning Ordinance. A parking study was prepared by a qualified traffic consultant affirming that a reduction in parking for the Indoor Recreational Facility is appropriate based on the hours of operation, the number of classes being offered and the maximum number of students per class. Conditions of Approval have been applied to the project to ensure on-going compatibility between Combat Sports Academy and surrounding retail commercial and automotive uses. ENVIRONMENTAL REVIEW: Pursuant to the California Environmental Quality Act (CEQA) Staff is recommending that the Project be found Categorically Exempt from CEQA in accordance with Section 15301, Existing Facilities. REVIEW BY APPLICABLE DEPARTMENT AND AGENCIES: The Building Division, Fire Prevention Bureau, Public Works Department, Dublin Police Services and Dublin San Ramon Services District 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. Conditions of Approval from these departments and agencies have been included in the attached Resolution (Attachment 1). 5 of 7 PUBLIC NOTICING: In accordance with State law, a Public Notice was mailed to all property owners and occupants/tenants within three hundred feet of the Parkway Center to advertise the project and the public hearing scheduled for June 30, 2009. The Public Notice was also published in the Valley Times and posted at several locations throughout the City. FINDINGS: In reviewing the request for a Conditional Use Permit to establish an Indoor Recreational Facility; a Conditional Use Permit for a Parking Reduction for an Individual CJse; and, a Conditional Use Permit for a Parking Reduction for Shared Parking, the required Findings for a Conditional Use Permit (Section 8.100.060, Section 8.7b.O50.E & 8.76.OSO.F) were considered to ensure that all of the Findings could be made. The draft Resolution for these Conditional Use Permits (Attachment l) includes statements affirming that the required Findings for each approval can be made in order to approve the project. CONCLUSION: Combat Sports Academy, a martial arts facility, is requesting approval of a Conditional Use Permit for the operation of an Indoor Recreational Facility at 7100 Village Parkway within a portion of Parkway Center located within the Village Parkway Specific Plan Area. Combat Sports Academy is also requesting approval of a Conditional Use Permit for a Parking Reduction for an Individual Use and a Parking Reduction for Shared Parking. A parking demand study was prepared by the City"s Traffic Engineer and concluded that 33 parking spaces was an appropriate parking requirement for the facility. Parking counts were also performed at Parkway Center on three separate weekdays to determine the adequacy of parking during the facilities peak operating times. The parking counts revealed that adequate parking is available for Combat Sports Academy. Based on a review of the application by all applicable City departments and agencies and the results of the parking studies performed, conditions of approval have been incorporated into the Project. The Project, as conditioned, is consistent with the Dublin General Plan and Zoning District in which it is located and represents an appropriate project for the site. RECOMMENDATION: Staff recommends that the Zoning Administrator: 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 the Resolution approving a Conditional Use Permit for the operation of an Indoor Recreational Facility, for a Parking Reduction for an Individual Ilse and for a Parking Reduction for Shared Parking located at 7100 Village Parkway. 6of7 GENERAL INFORMATION: PROPERTY OWNER: APPLICANT: LOCATION: ASSESSORS PARCEL NUMBER: GENERAL PLAN LAND USE DESIGNATION: SPECIFIC PLAN1 LAND USE DESIGNATION: ZONING: SURROUNDING USES: Michael Ware SF Rent's 1485 Bayshore Boulevard, #101 San Francisco, CA 94124 Mujeeb Hamid Combat Sports Academy 4378 Fitzwilliams Street Dublin, CA 94568 7100 Village Parkway 941-0210-005-04 Retail/Office & Automotive Village Parkway Specific Plan Retail/Office & Automotive PD, Planned Development (PA 02-012) Location Zonin General Plan Land Use Current Use of Pro e Site PD, Planned Develo ment Retail/Office & Automotive Retail Commercial North PD, Planned Development Retail/Office & Automotive Retail Commercial South PD, Planned Develo ment Retail/Office & Automotive Retail Commercial __ East PD, Planned Develo ment Retail/Office Retail Commercial West N/A N/A Interstate 680 7of7 RESOLUTION NO. 09-XX A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT FOR THE OPERATION OF AN INDOOR RECREATIONAL FACILITY, FOR A PARKING REDUCTION FOR AN INDIVIDUAL USE AND FOR A PARKING REDUCTION FOR SHARED PARKING 7100 VILLAGE PARKWAY (APN 941-0210-0OS-04) PA 09-016 WHEREAS, Mujeeb Hamid, the "Applicant", on behalf of Combat Sports Academy, has requested approval of a Conditional Use Permit to operate an Indoor Recreational Facility at 7100 Village Pazkway in a PD, Planned Development Zoning District also known as the Village Parkway Specific Plan Area; and WHEREAS, the Applicant has also requested approval of a Conditional Use Permit for a Pazking Reduction for an Individual Use to reduce the Zoning Ordinance pazking requirement of 94 spaces to 33 spaces; and WHEREAS, the Applicant has also requested approval of a Conditional Use Permit for a Pazking Reduction for Shazed Pazking within the Pazkway Center; and WHEREAS, the Project consists of a 4,695 square foot tenant space located within amulti-tenant commercial building; and WHEREAS, the tenant space would include a retail area, boxing ring, cage and open mat azeas; and WHEREAS, the Zoning Administrator is the reviewing body for a Conditional Use Permit request to operate an Indoor Recreational Facility, for a Pazking Reduction for an Individual Use and for a Pazking Reduction for Shazed parking pursuant to Section 8.76.050.E & F; 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 received June 17, 2009; 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 impacts and that environmental documents be prepared; and WHEREAS, Staff is recommending that the Project be found Categorically Exempt from the environmental review requirements of the California Environmental Quality Act (CEQA), State guidelines and City environmental regulations pursuant to CEQA Guidelines Section 15301 (Existing Facilities); and Attachment 1 WHEREAS, a Staff Report was submitted describing the Project and recommending that the request be conditionally approved; and WHEREAS, the City of Dublin Zoning Administrator ("Zoning Administrator") held a properly noticed public hearing on said application on June 30, 2009; and WHEREAS, the Zoning Administrator did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project; and WHEREAS, the Zoning Administrator has found that the proposed Project is appropriate for the subject site. NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Zoning Administrator does hereby make the following findings regazding the operation of an Indoor Recreational Facility at 7100 Village Parkway: A. The proposed use and related structures, as conditioned, are compatible with other land uses, transportation and service facilities in the vicinity in that: 1) the Project is located in a multi- tenant building within a portion of the Parkway Center which includes a mix of retail and commercial uses including an existing martial arts studio. An existing martial arts studio has been in operation within the subject building since the 1980's with no issues of incompatibility with surrounding uses; 2) Combat Sports Academy is a martial arts studio and would operate primarily in the evenings when the majority of the surrounding businesses are closed; 3) the Project is accessible from Village Parkway which is a fully improved and functional roadway; and 4) the Project will be served by existing service facilities and will not generate or create an additional demand on services to be an adverse impact. 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 in that: 1) the Project is a martial arts studio and all activities will be conducted entirely within an existing commercial building so as not to create a disturbance to surrounding businesses; and 2) the Project has been conditioned to require that all children be accompanied by an adult when arriving to and departing from the facility. C. The proposed use, as conditioned, will not be injurious to property or improvements in the neighborhood in that: 1) the Project will occupy an existing commercial building and in accordance with the Conditions of Approval, building permits aze required for all modifications to the tenant space to accommodate the martial arts studio and ensure that all improvements comply with all current Building Codes and Ordinances in effect at the time the building permit is issued. D. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use and related structures would not be detrimental to the public health,. safety, and welfare in that: 1) the Project will occupy an existing commercial building that is connected to public water, sanitation, utilities and services and will not generate or create additional demand on services to be an adverse impact; and 2) the Project has adequate vehiculaz and pedestrian access from Village Pazkway and is required to comply with Title 24 for disabled accessibility. 2 E. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed in that: 1) the Project will occupy an existing commercial building which currently includes a martial arts studio, a retail kitchen and bath showroom and a retail auto parts store; and 2) Conditions of Approval have been incorporated into the Project requiring that all activities associated with Combat Sports Academy be conducted entirely within the building. F. The proposed use, as conditioned, will not be contrary to the specific intent clauses, development regulations, or performance standards established for the zoning district in which it is located in that: 1) the Project will provide for the continued use of a tenant space within an existing commercial building along Village Pazkway that is currently vacant; 2) the Project's operating characteristics such as class size and hours of operation aze compatible with surrounding businesses in that the Project's peak demand occurs when the majority of the surrounding businesses are closed; 3) the Project, as conditioned, meets the development regulations for a martial arts studio; 4) the Project will not generate, produce, emit, or discharge any of the following: noise or vibration; radioactivity; electrical disturbance; flammable or explosive materials; air pollution; glare or heat; odorous gases; dust; dirt or particulate matter; or, liquid contaminants; and 5) the Applicant has requested approval of a Conditional Use Permit for a Pazking Reduction for an Individual Use and Pazking Reduction for Shared Pazking and adequate pazking is available on the site to support the use. G. The proposed project, as conditioned, is consistent with the Dublin General Plan and any applicable Specific Plans in that: 1) the Project has a General Plan Land Use Designation of RetaiVOffice and Automotive, is located within the Village Pazkway Specific Plan with a Specific Plan Land Use Designation of Retail/Office and Automotive, and is located within the C-2, General Commercial Zoning District. An Indoor Recreational Facility is conditionally permitted in the C-2 Zoning District which is consistent with the RetaiVOffice and Automotive Land Use Designations for the site. NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Zoning Administrator does hereby make the following findings regazding a Parking Reduction for an Individual Use related to the operation of an Indoor Recreational Facility at 7100 Village Parkway: 1. The Conditional Use Permit f:ndings can be made in that: 1) the Project is compatible with other land uses, transportation and service facilities in the vicinity because it is a martial arts studio that would operate primarily in the evenings when the majority of the surrounding businesses are closed; 2) the Project will not adversely affect the health or safety of persons residing or working in the vicinity or be detrimental to the public health, safety or welfare because all activities will be conducted entirely within an existing commercial building so as not to create a disturbance to surrounding businesses and the Project has been conditioned to require that all children be accompanied by an adult when arriving at and departing from the facility; 3) the Project will not be injurious to property or improvements in the neighborhood because the Project has been conditioned to obtain all required permits for modifications made to the tenant space to accommodate the use; 4) the Project is located on a site that is physically suitable for the use because the Project would occupy an existing vacant tenant space within a commercial building which has been designed for and can accommodate an Indoor Recreational Facility; 5) the Project is not contrary to the intent clauses, development regulations or performance standazds for the C-2 Zoning District is which it is located because the Project will provide for the continued use of a tenant space within an existing commercial building along Village Parkway that is currently vacant; and 6) the Project is consistent with the General Plan and Village Parkway Specific Plan 3 Land Use Designations of RetaiVOffice and Automotive and the C-2 Zoning District which conditionally permits Indoor Recreational Facilities. 2. A parking study prepared by a qualified consultant analyzing the parking demands of the proposed use and the parking demands of similar uses in similar situations demonstrating that the required parking standards are excessive and proposing alternate parking standards which are appropriate and ensure that there will not be a parking deficiency in that: 1) the City of Dublin Traffic Engineer prepazed a parking demand analysis for the Project that analyzed the peak parking demands in comparison to the pazking requirements contained in the Dublin Zoning Ordinance; 2) the pazking study concluded that the Zoning Ordinance parking standard was not appropriate for this facility and an alternative pazking standard was warranted for the Project based on the Project's operating characteristics including class sizes and hours of operation; 3) the City's Traffic Engineer determined that, as proposed, this facility would require 33 parking spaces to support the use; and 4) the parking study was accompanied by an on-site parking inventory to assess the availability of pazking within the Parkway Center which was found to have adequate pazking to meet the greatest demands of all uses within the Center including the proposed Project. 3. Overflow parking would not impact any adjacent use in that: 1) the Project is not likely to generate any overflow pazking because an on-site pazking inventory was conducted and it was found that the Parkway Center has adequate pazking to meet the greatest demand of all the uses within the Center including the Project; and 2) based on the parking survey, Staff found that a minimum of 80 pazking spaces were available starting at 5:15 p.m. when the facility will open. NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Zoning Administrator does hereby make the following findings regarding a Parking Reduction for Shazed Parking related to the operation of an Indoor Recreational Facility at 7100 Village Parkway: 1. The Conditional Use Permit findings can be made in that: 1) the Project is compatible with other land uses, transportation and service facilities in the vicinity because it is a martial arts studio that would operate primarily in the evenings when the majority of the surrounding businesses are closed; 2) the Project will not adversely affect the health or safety of persons residing or working in the vicinity or be detrimental to the public health, safety or welfare because all activities will be conducted entirely within an existing commercial building so as not to create a disturbance to surrounding businesses and the Project has been conditioned to require that all children be accompanied by an adult when arriving at and departing from the facility; 3) the Project will not be injurious to property or improvements in the neighborhood because the Project has been conditioned to obtain all required permits for modifications made to the tenant space to accommodate the use; 4) the Project is located on a site that is physically suitable for the use because the Project would occupy an existing vacant tenant space within a commercial building which has been designed for and can accommodate an Indoor Recreational Facility; 5) the .Project is not contrary to the intent clauses, development regulations or perfonmance standazds for the C-2 Zoning District is which it is located because the Project will provide for the continued use of a tenant space within an existing commercial building along Village Parkway that is currently vacant; and, 6) the Project is consistent with the General Plan and Village Pazkway Specific Plan Land Use Designations of RetaiVOffice and Automotive and the C-2 Zoning District which conditionally penmits Indoor Recreational Facilities. 4 2. A sufficient number of spaces is provided to meet the greatest parking demands of the participating use types and to ensure that there will not be a parking deficiency in that: 1) based on the parking demand survey, 33 pazking spaces was determined to be appropriate for the proposed Project; 2) based on the on-site parking inventory that was conducted during the peak operating hours of the Project, Staff found that an average of 75 pazking spaces were available starting at 5:15 p.m. when the facility will open; and 3) the results of the pazking study demonstrate that there is adequate pazking available to meet the peak pazking demands of the proposed Project and that there will not be a parking deficiency within Pazkway Center. 3. Satisfactory evidence is provided that the use types by their natures and operating times will not conflict with each other in that: 1) an inventory of existing uses and their hours of operation was performed and it was found that the Project's operating times peak between 5:30 p.m. and 9:30 p.m. Monday through Friday when the majority of the surrounding businesses aze closed which reduces the potential for uses to conflict with one another; and 2) the Project has been conditioned to ensure that the operating characteristics do not change without prior review and approval to ensure on-going compatibility with surrounding businesses. 4. Overflow parking will not adversely affect any adjacent use in that: 1) a pazking study was conducted to determine the amount of pazking available during the Project's peak operating times which occurs between 5:30 p.m. and 9:30 p.m. Monday through Friday and it was found that adequate pazking is available to meet the peak demand for the Project. 5. Additional documents, covenants, deed restrictions, or other agreements as may be deemed necessary by the Zoning Administrator are executed to assure that the required parking spaces provided are maintained and that uses with similar hours and parking requirements as those uses sharing the parking facilities remain for the life of the documents, covenants, deed restrictions or other agreements in that: 1) Deeds have been recorded for ingress, egress and parking purposes throughout the Parkway Center ensuring that access, circulation and parking remain available for all tenants and their patrons; and 2) Conditions of Approval have been placed on the Project requiring prior review and approval of any changes to the operating chazacteristics and providing for an annual review of the Conditional Use Permit for compliance with said Conditions of Approval. BE IT FURTHER RESOLVED THAT the City of Dublin Zoning Administrator does hereby approve PA 09-016 Combat Sports Academy Conditional Use Permit for: 1) the operation of an Indoor Recreational Facility located at 7100 Village Parkway, APN 941-0210-005-04; 2) a Parking Reduction for an Individual Use; and 3) a Pazking Reduction for Shared Pazking subject to compliance with the following Conditions of Approval: CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of the use, and shall be subject to Planning Division review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [PL] Planning; [B] Building; [PO] Police; [PWJ Public Works; [ADM] Administration/City Attorney; [FIN] Finance; [PCS] Pazks and Community Services; [F] Dublin Fire Prevention; [DSR] Dublin San Ramon Services District; [LDD] Livermore Dublin Disposal; [CO] Alameda County Department of Environmental Health; [Zone 7] Alameda County Flood Control and Water Conservation District, Zone 7; [LAVTA] Livermore Amador Valley Transit Authority; and [CHS] California Department of Health Services. 5 NO. CONDITIONS OF APPROVAL Agency When Source Required, Prior to• GENERAL 1. Approval. "Phis Conditional Use Permit approval for PA PI, On-going Planning 09-016 allows for the establishment of Combat Sports Academy, an Indoor Recreational Facility, located at 7100 Village Parkway. The project shall generally conform to the project plans dated received by the Planning Division on June 17, 2009 on file in the Community Development Department, and other plans, text, and diagrams relating to this Conditional Use Permit, unless modified by the Conditions of Approval contained herein. 2. Permit Expiration. The approved use shall commence PL. 1 year from DMC within one (1) year of this Conditional Use Permit approval 8.96.020.D approval, or the approval shall lapse and become null and void. Commencement of use means the actual use pursuant to the permit approval or demonstrating substantial progress toward commencing such 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 Conditional Use Permit expires, a new application must be made and processed according to the re uirements of the Dublin Zonin Ordinance. __ 3. Continued Use. This Conditional Use Permit approval Pt, On-going Planning shall become null and void in the event the approved uses cease too erate for a continuous one-year eriod. 4. Annual Review. On an annual basis, this Conditional PL On-going Planning Use Permit approval may be subject to a review by the Community Development Department to determine com liance with the Conditions of A royal. 5. Modifications. Modifications or changes to this PL On-going DMC Conditional Use Permit approval may be considered by 8.100.080 the Community Development Director if the modifications or changes proposed comply with Section 8.100.080 of the Zonin Ordinance. 6. Revocation. This permit shall be revocable for cause in PI. On-going DMC accordance with Dublin Zoning Ordinance Section 8.96.020.1 8.96.020.I, Revocation. Any violation of the terms of the terms and conditions of this permit may be subject to the issuance of a citation. 7. Fees. The Applicant shall pay all applicable fees in effect Various Building Various at the time of building permit issuance, including, but not Permit limited to, Planning Fees, Building Fees, Dublin San Issuance Ramon Service District fees, Public Faciliries fees, Tri Valley Transportation fees, Downtown Traffic Impact Fee, Dublin Unified School District impact fees, Alameda County Fire Services fees, Noise Mitigation fees; Inclusionary Housing in lieu fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water conn_ ection fees. When and if applicable and customary, credits shall be applied for existing im rovements. 8. Property Maintenance. Per the City of Dublin Non- PL, PO, On-going Planning, Residential Property Maintenance Ordinance (DMC PW Police, Section 5.64.050), the Applicant and/or Property Owner Public shall maintain the building, site and all signage in good Works condition at all times and shall keep the site clear of trash, debris and graffiti vandalism on a regular and continuous basis. 9. Graffiti. Per the City of Dublin Graffiti Ordinance (DMC PL, PO, On-going Planning, Section 5.68), the Applicant and/or Property Owner shall PW Police, keep the site cleaz of graffiti vandalism at all times. Public Works 10. Temporary Promotional Signage. Prior to the display PL On-going Planning of any temporary promotional signs, including banners, balloons or searchlights, a Temporary Promotional Sign Permit must be applied for and approved. No banners, pennants, balloons or other type of advertising display shall be erected (except where allowed pursuant to Cha ter 8.84 of the Zonin Ordinance . 11. Signage. All signs associated with the facility shall PL On-going Planning comply with the provisions of Chapter 8.84, Sign Re la6ons, at all times. 12. Window Signs. Window signs shall be less than 25% of PL On-going Planning the Conti ous window azea from which the are viewed. 13. Noise/Nuisance. The Applicant shall control all activities PL On-going Planning on the site so as not to create a nuisance to the surrounding businesses. No loudspeakers or amplified music shall be permitted to project or be placed outside the buildin . 14. Project Activities. All activities associated with Combat PL On-going DMC Sports Academy shall be conducted entirely within the 8.24.020 buildin in accordance with Section 8.24.020. 15. Unattended Minors. Children under the age of 12 shall PL On-going Planning be accompanied by a responsible adult upon arrival and departure to the Project. No child under the age of 12 shall be left unattended outside of the tenant space at any time. PLANNI NG -PROJECT SPECIFIC 16. Hours of Operation. The Hours of Operation for the PL On-going Planning Indoor Recreational Facility shall be 6:30am-7:30am and 5:30pm-9:30pm Monday through Friday; 9:OOam-2:30pm on Saturday; and, 9:OOam-10:00am on Sunday. Modifications to the Hours of Operation may be considered by the Community Development Director ursuant to Section 8.100.080 of the Zonin Ordinance. 17. Operating Characteristics. The Project shall operate in PL On-going Planning accordance with the hours of operation outlined above in Condition of Approval No. 16; the Project's Written Statement dated received by Planning on June 17, 2009; and, the Class Schedule dated received by Planning on June 2, 2009. Modifications to the operating characteristics shall require prior review and approval in accordance with Section 8.100.080 of the Zoning 18. Ordinance. Designating Parking. All pazking throughout the PL On-going Planning Parkway Center shall be shared among all tenants. Signage shall not be placed on or around parking spaces to prohibit or discourage tenants or customers of the Parkwa Center from arkin in certain areas of the site. 19. Parking Reduction for Individual Use. In accordance PL On-going Planning with the Parking Reduction for an Individual Use, a total of 33 pazking spaces are required to meet the peak parking demands for the Project. In order to ensure adequate pazking remains available for the Project and surrounding businesses, no more than 2 owners, 3 employees, 20 adult students and 10 youth students shall be present within the facility at any time. An increase in the number of on-site owners, employees, or students shall require prior review and approval in accordance with Section 8.100.080 of the Zonin Ordinance. i nin Pl 20. Parking Reduction for Shared Parking. In accordance PL ng On-go g an with the Parking Reduction for Shared Parking, the Project shall operate in accordance with the hours of operation outlined above in Condition of Approval No. 16. Modifications to the Hours of Operation may be considered by the Community Development Director ' ursuant to Section 8.100.080 of the Zonin Ordinance. i nnin Pl 21. Reciprocal Parking within Parkway Center. Existing PL ng On-go g a reciprocal parking arrangements as documented on the A.L.T.A./A.C.S. M. Land Title Survey of Lot 3 and a portion of Lots 2, 4, & 5, Block 3, Tract 2662 for Phyllis Sutton prepared by Kier & Wright Civil Engineers & Surveyors, Inc. dated November 6, 2006 shall remain in place for the life of the Project to ensure adequate parking remains available for the Project. i DMC 22. Parking Spaces. The Applicant and/or Property Owner PL ng On-go shall ensure that all parking spaces are designed, located, 8.76.060.A constructed and maintained so as to be fully and independently useable and accessible at all times in accordance with the Dublin Zoning Ordinance Chapter 8.76. BUILDI NG h Th ildin B 23. Building Codes and Ordinances. All project B roug g u construction shall conform to all building codes and Completion ordinances in effect at the time of buildin ermit. f Buildin 24. Building Permits. To apply for building permits, B Issuance o g ApplicantlDeveloper shall submit seven (7) 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 complies 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 25. rmits. 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 lan and details shall be consistent with each other. ildin B 26. Addressing. Addresses will be required on all doors B Occupancy g u leading to the exterior of the building. Addresses shall be illuminated and be able to be seen from the street, 5- inches in hei t minimum. O n Bui ld 27 Air Conditioning Units. Air conditioning units and B, PL ccupancy g a . ventilation ducts shall be screened from public view with an materials compatible to the main building. Units shall be Planning permanently installed on concrete pads or other non- moveable materials approved by the Building Official and Communi Develo went Director. h Th Buildin 28 Green Building Guidelines. To the extent practical, the B roug g . Applicant/Developer shall incorporate Green Building Completion measures. A Green Building Plan shall be submitted to the Buildin Official for review. ldi 29. CAS. The ApplicantlDeveloper shall obtain the services B Issuance of ng Bui of a Certified Access Specialist for the review of the Building construction drawings and inspections. A written report Permits and shall be submitted to the Ci rior to roval of the Prior to Final permit application. In addition, a written report shall be Inspection submitted to the City Inspector prior to scheduling the final ins ction. 30. Change of Occupancy Permit. As per Section 3406 of B Occupancy Building the California Building Code, a change of occupancy requires the building to meet the requirements of a new building for the proposed occupancy type. This may require upgrades to structural systems. The building will be required to meet accessible codes as listed in Chapter 11 B of the California Building Code. Afire sprinkler s stem is re aired. 31. Floodplain. A Substantial Improvement application shall B Issuance of Building be filed by the Applicant/Developer due to the building Building being located within a flood plain. If it is determined that Permits the amount of current and past improvements meets the required threshold, the building will be required to meet the Ci 's flood roofin re ations. FIRE 32. Architect Signature. All plans submitted for review F Issuance of Fire shall be signed by the architect. Building Permits 33. Addressing. The location, size and type of address F Occupancy Fire numbers on the front and back of the building shall be rovided er the Cit standards. 34. Key Bog. The location of the Fire Department Key Box F Issuance of Fire shall be shown on the plans. The Box shall be located to Building the left or right of the main front doors on the first non- Permits glass structural member at a height of 5% to 6-feet to the to of the box. 35. Occupancy Load Sign. The location of the occupancy F Issuance of Fire load sign shall be shown on the plans. Building Permits 36. Door Hardware. Information on door hardware shall be F Issuance of Fire provided for doors 101, 105 and 106. Building Permits PUBLIC WORKS 37. Parking Lot Lights. Provide photometric calculation for PW Issuance of Public the existing parking lot and around the building that Building Works demonstrates a minimum foot-candle lighting level of not Permit less than 1.0 at the ground surface for the adjacent parking area; if this cannot be verified provide additional li tin where neces POLIC E 38. Non-Residential Security Ordinance. The Applicant/ PO Occupancy Police Developer shall comply with all applicable City of Dublin Non-Residential Security Ordinance requirements. The Ordinance includes sections related to lighting within bathrooms, exterior lighting and exterior doors. 10 39. Labeling Doors. All interior doors leading to PO Occupancy Police classrooms, storage, offices, etc shall be identified with lettering or signs to assist first responders in an emergency situation. All exterior doors shall be identified according to the rooms/space they access (i.e. office, entrance, equipment room, exit only, etc). 40. Security Lighting. Security lighting shall be installed in PO Occupancy Police all activi rooms. PASSED, APPROVED AND ADOPTED this 30~` day of June 2009. Jeri Ram, AICP Zoning Administrator ATTEST: Mamie R. Waffle Senior Planner 11 COMBAT SPORTS ACADEMY (CSA) CUP Statement A. What type of business, actlvlty or use aro you propoaing~ We are proposing the opening of a "Martial Arts 8 Fibess Training Center in Dublin, CA, called the Combat Sports Academy (CSA). This Martial Arts school will offer training in the following disciplines: Krav Mega Krav Maga is one of the most effective self~lefense systems practiced in the world today. Originally developed for the Israeli Defense Forces (IDF) to protect their soldiers in the modem world, Krav Maga is now taught to various law enforcementlmilitary organizations, and civilians worldwide. ICrav Maga's simple, no-nonsense and realistic approach to personal safety makes it an ideal self-defense solution for men, women and children of all ages and physical abilities. ICrav Maga incorporates fitness, self-defense and fighting like no other system. ICrav Maga's top- rated Fitness classes compliment training by toning muscle and dramatically improving strength and stamina. Krav Maga's self-defense classes are atotal-body woricout that combines kicking, punching, stand up fighting, ground fighting, and defenses against weapons, getting students into prime physical shape. The total-body workout benefits of the lCrav Maga self-defense and fitness system have been featured in publications such as Shape, Men's F'dness, USA Today, US, and SELF, as well as television from CNN and Extra to The Today Show. Muay Thal Muay Thai Boxing is an ancient Thai martial art that dates back over 1000 years. Whether practiced competitively or recreationally this highly exciting and aerobic form of kickboxing can transfomn people through its intensive training techniques. Thai boxing has been used for centuries to build strength, endurance, power of concentration, determination, self-confidence and discipline. Muay Thai training at CSA would consist of technical training, drill training, conditioning, specficity training and sparring. Safety is another key factor with our training methods; you can't train and fight if you're constantly injured. Proper equipment, supervision, and training methods would be strictly followed at our gym. Combat Sports Academy instructors are internationally known and respected competitors and teachers. CSA would be is a member of the Muay Thai In~mational Association (MTIA) headed by Grandmaster ~hosaphon Sitawatjana (Grandmaster Toddy) which is recognized by the government of Thailand as one of the only "official" Muay Thai systems in the world. The MTIA grading systiem was developed to tech Muay Thai systematically, coherently and safely. It is arguably the most effective training system for Muay Thai in the world, bringing Thai boxing to both recreational and professional martial artists and producing over 40 World Champions to date. iE3r~ilian Jiu„litsu Brazilian Jiu~litsu is a Martial Art intended th control your opponent as much as possible using leverage and technique thus giving you a greater position for striking or submission holds. Submission holds consist of joint manipulation, locks or choke holds and can be applied even ff your opponent is much larger than you. The art of Brazilian Jiu-Jitsu is unique not just because of the sophistication of its techniques, but for the realism of its training methods. No other art allows you to train at 100% without hurting your training partners. Brazilian Jiu-Jitsu is one of the fastest growing martial arts in the United States because it has proven to be an effective method for dealing with combative situations. This is evident in today's Mixed Martial Arts. Requiring little or no strength, this art is a great self- defense system for men, women and children. RECEIVED JUN 17 2009 ATTACHMENT 2 DUBLIN PLANNING COMBAT SPORTS ACADEMY (CSA) CUP Statement CrossFit CrossFit is a °atrength and conditioning" fitness methodology and k the principal strength and conditioning program for many police ac~emies and tactical operations teams, military special operations units, champion martial artists, and hundreds of other elite and professional athletes worldwide. CrossFit is not sport-specific and promotes broad and general overall physical fitness. CrossFit programs are designed for universal scalability making it the perfect application for any committed individual regardless of experience. We've used our same routines for elderly individuals with heart disease and professional fighters one month out from televised bouts. We scale load and intensity; we don't change programs. Thousands of athletes worldwide have followed our workouts and distinguished themselves in combat, the ring, stadiums, gyms and homes. B. How many employees will you have or propose to have? In addition to the two (2) owners, initially, CSA would have 3-4 employeesrnstructors to help teach our various self defense and fitness programs outlined above. C. What are your proposed hours and days of operations? CSA would utilize the following "primary" hours of operation: Monday -Friday: 6:30PM-7:30PM (Limited Classes) 5:30PM-9:30PM (Full Schedule) Saturday: 9:OOAM-2:30PM (Full Schedule) Sunday: 9:OOAM -10:OOAM (Limited Schedule) D. WUI your business, activity or use target a specific segment of the community? CSA will have Gasses for and market to all segments of the community; Men, Women and Children of all ages. E. In what ways will your business, activity or use benefit the community? CSA wilt help bring positive attitudes and positive influence to the community, will help with unnecessary confrontations it will make children and as well adults think twice about any conflicts which result in unnecessary calls to law enforcements, which in turn that money can be saved for other community programs that benefit the community. F. Are there any ways in which your business, activity or use may d~rupt the peace of the surrounding residents or businesses? COMBAT SPORTS ACADEMY (CSA) CUP Statement CSA will not disrupt any peace in the surrounding area as all of the business and training is conducted indoors with very minimal noise typical to an activve business, or school in CSA's case when instructor is beaching he or she is talking, everyone is listening just as in any classroom setting. G. Will your business, activity or use have any negative effects on the health or safety of the people residing or worktng in the vkinity~ CSA will not have any negative effects on health or safety of people residing or working in the area, as we do not deal with any hazardous materials or waste or anything ham~ful to any ones health human or wildlife. We will be the complete opposite as we will be PROMOTING health and safety. H. Will your business, activity or use create any negative impact on property, transportation system, or existing Improvements in the neighborhood. Our business will not impact any transportation, property or existing improvements in the neighborhood, as we do not plan on any improvements to the existing site that will negatively impact the neighbofiood or transportation systems. I. M the proposed project located on a hazardous waste and substance situ Please refer to the site plans and attached documents th show proposed project information. ~E: (ti]} Represents # of students er~icipeted/cles RECEIVED JUN 0 2 2009 DUBLIN PLANNING Attachment 3 e ~~~ ~ ~ ~~ €~~ ~~~~~~~ ~ ~ ~~a~~~! ~ ~e~ t M, t~ < ~ t d'• ~~ g~~ ~t~ ii~ "" ~~ ut ~ ~ t y+ } e ~~ ~~ Mat ~ ~~ ~~ t 6 ~ ~ ~ ! t ,~,~ ~g ~ ~~ ~ ~~~ ~ ~ ~~~i ~~g~~~ ~~~ gip' ~ ~~~ E 8 A5~ ~ M~~ ~~ 9 ! ~~~~9~ ~ E ~ ~ ~~ ~~ ~~:~;~~~~~~1d ~~ Z Z v' ~ ~..-. . i ~ ~~a~~ ~ ~ijtt ~ ~{ ~, .. ------- ----- ~ a ~ v<W .e=s~ ~ 89SY6 V~'Nf19f14 i E E E~ i ~ ~ __~ ~::=o E ~(o~odaCplll~OOIL ~ ! °C ~ x <~.; ~ ~ ill '~wepo~y s}aod$;ogwo~ ~ O w w ~ _` ~o} s;uaweno~dw~ ~ucual ~ ~ ~ ~ ~ Q ~ '= _..N _ --Q r - E - ~ ~ I ~ EI E E s ~ °C V c < - ~ 89546 V~'Nn9f1a -_._ ~-- : r ~ ?=~ W W = ;-f~, ~~~ ~ ~ ~ ADnvUDdeBDIiIAOOIL ill '~(wap~~y s}aods ~oqu~o~ ~ I ~ ~ ~ ~ ~ w ~ ~ _~; - fi :JOj S}UBWBAOIdW~ }UDUBj ~ i i ~ ~I ~ YY I ~ - ` I 8 9 i~~ ~R~ ~ ~ , ~~ ~ ~ ~ ~ ~~ ~ ~~ E~ ~ ~~ ~ ~ a a a g =~~ ~ ~~ ~~~ ~ ~, ~~~ ~j`e: ~~i ~~=r~ Iii r i I ®~~ ~$ se e e e ' '' i ~~ ,~ ' i 0r 8 ~ i ~ 1~~~ ~~ ~~~~ ~ ^ ~~ a~ ~ q ~ I I ~' i ~ ~ _ _ it !! a~ V ~~' -f I ~i p~ i I F ~f _ 6~6~ ~~~~ ~~~ ~~~E ~~~ ~ i ~ ~ I ' j~ ' Xs ~~ I --, i I ~ '-- I ~ .. ~ i i - ~-- -.::.~ i ., i ~~ ! I ~' I _ I ~ Q- ------ i- - i I i i ~a i i ~ € ., ~ a ~ ~ ~ ~ ~ I i i I >~o I ' ~~~~ ~a~~~ i i 0 8 ~ ~' m * ~ I I i ~ - - ------• -~ •----------------------------- - I i ~~~a i i E~ ~ i i $ ~~ ~ rp ¢ ! ~ ~~ qg a ~~ ~ g•~ R ~~ ~ ~ ~~ I I I~, ~ I « w • r i ~ I I f -- .. _.. _~. CITY OF DUBLIN Pubtlc Works Department Clly Ollloss, 100 Chic Plaza, Dublin Catlfomia 94568 MEMORANDUM DATE: June 17, 2009 TO: Mamie Waffle, Senior Planner FROM: Jaimee Bourgeois, Senior Civil Engineer (Traffic) SUBJECT: CUP for Combat Sports Academy at 7100 Village Parkway I have conducted a review of the Conditional Use Permit application for the Combat Sports Academy, a martial arts studio, to determine whether a reduction in off-street parking is reasonable based on how the Academy would function. Chapter 8.76.060 of the Dublin Zoning Ordinance requires that martial arts studios provide 1 parking space for every 50 square feet and 1 parking space for every 250 square feet of office; the Academy does not propose to have any office space so the parking was calculated at 1 space per 50 square feet. The Combat Sports Academy tenant space is 4,695 square feet which results in 94 required parking spaces. There is no published data available to estimate peak parking demand for a martial arts facility. As such, I have estimated the peak parking demand for Combat Sports Academy during normal weekday operation based on the information provided by the Applicant. Based on my calculations, Combat Sports Academy will require 33 parking spaces. The demand estimate is based on the schedule of dasses provided by the Applicant and the operating characteristics of the Academy (i.e., number of students, age of students, and number of employees). Acxording to the Applicant, three separate classes would begin at 5:30 p.m. Monday through Friday, each class having a maximum of 10 students. Two of the classes would be for adults, and one dass would be for children between 7 and 12 years of age. The peak demand of 33 parking spaces was calculated using the following assumptions: • Two owners would always be present, using two parking spaces. • One instructor for each class would be present, using three spaces. ^ For iwo adult classes, 10 students would be present for each, using 20 spaces. ^ For one children's dass, 10 students would be present but some may be dropped off. It was assumed that eight parking spaces would be used. Although students would likely be arriving a little before 5:30 p.m., many of the surrounding businesses are either already closed or winding down at this time. To determine whether the Academy's parking demand could be accommodated on-site, a survey was conducted on three separate weekdays at 5:15 p.m. to identify existing available parking capacity. The following capadties were determined on-site: ATTACHMENT 5 Mamie Waffle June 17, 2009 Page 2 Tuesday, June 2"d - 80 spaces were occupied out of 160 leaving 80 available parking spaces Wednesday, June 10~' - 81 spaces were occupied out of 160 leaving 79 available parking spaces Thursday, June 11~' - 93 spaces were occupied out of 160 leaving 67 available parking spaces Based on the results of the three separate surveys, it is concluded that the average available capacity at 5:15 p.m. is 75 parking spacers, which is more than adequate to accommodate the estimated parking demand for the Combat Sports Academy for 33 parking spaces. Surveys were not conducted on an early weekday moming or on a weekend; however, it is not expected that a parking problem would occur at these times because the early moming weekday class would be over by 7:30 a.m. before most surrounding businesses open and because the Academy's parking demand on the weekend would be less than the weekday parking demand due to fewer concurrent classes. Please let me know if you have any questions. G:IDEVELOPMENT, PRNATE\Combat Sports Academy~TreAfclmsmo_CombatSpo~ Parkin~061709.dx L v L' U era' 3 L eC a 0 L v O w 0 H L 0 -~r c e~ a a~ F~ a a~ L L 7 U ea ;~ i w ~' c O E ~ C7f ~ E ~ ~ ~ Q ~ ~ E ~ ~ ~ E o u~ . ~ fl v . '~ E ~ c. M a cyY E ~ Q N N E ~ a. °- E o N r . N ~ E E ~ ~ E ~ ~6 cv o ° ~ E a °> s i ~ ~ E ~ ~ i ~ E co ti ~° ~ ~ ~ ~ ~ is °~ O cn Cn CA ~ ~ _ ~ O V C ~ 2 (B E O `"i Cts Ln Cis O N - ~ U _ ~ m U m Ojs c ~ a~ CO cn ~ O v ~ ~ p m ~ ~ a ~ U v> U ~ w ~ F- ~ a o F- ~ E Cp U ~ ~ ~ U O m Cn ~ ~ ~ Cn c ~ ~' ca U C~i> cv U ~ Y ~ Y in d U1 w C a. ~ ,,3o ~ m ~ ~ c („) 3 ~ ~ fn .c ~ c U ~ ~ c i~ ~ N _ L ~ X .~ ~ ~ ~i (V cn ~ O .c ~ ~ 3 Y CU ~ U co n. ~ ~ U ca ~ C7 c ~ ~ ~ ~ o ~ ~ ~ ~ ~ ~ O m ~ ~ O D ~ m > W crs > cv ~ N m ~ ~ ca > - Q 2 U C~ O m O L F- m i d > cu J > Q ~ ~ U H U N Q ~ Q ~ ~ ~ o 0 o 0 o ~ ~ ~ ~ o _ _ z° ~ $. ~ ~ ~ zL > V CJ aci J 0 0 N ti -o L. CL 0. N Q ATTACHMENT 6 a ~ o ,~ ~ L L ~ a~ y O `~' w O H i. 0 x a e~ a a~ H w C L L '~ V ~, a C U i C~ a E E ~ 01 a M E E 0 0 ti ~ E E ~ a ~ E E Q. ~['~ a ~ E E ~ d ~ M Q M E E Q N C. N E E _ E E N r N r E E ea ea E E ~ 0 ~a 0 E E ~ o ~v rn E E ~ ~ ~ ~ ti ti v d ~ O O ` O ~ a -v ~ m ~ m c„ > W ~ Q > ~ ~ ~O m ca 3 CO ~ to ~ ~ (O a~ '~ ~ O m ~ ~ O a ~ U .E ~ O ~ a ~ n o E -_ Q U ~ W .~ C6 2 n c ~ v> ~ .~ CA o o ~ O m ~ O = L o ~ .S ~ O ~~ C6 a E O U E A ~ .~ Hi ~ ~n (B .~_ E cn O m L cn CII ~ c`u U .E c O O t ~ O m m 3 (6 W ~ a > o c d a' C6 J ~ a > c n C.~ Q L ~ ~ U Q c`a U c ~ O ~ O m U ~ U ~ f0 ~ L •.. °i~ c L Y o ~ U ~ ~ Y v °' H ~ ~ C~ ~ O U C ~ m c0 N ~" ° o ° ~ ~ o Z ° '~ ~ s C ~ d E L > O U c 0 0 N a~ c a~ 4r a. a~ L a D RESOLUTION NO. 09-06 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT FOR THE OPERATION OF AN INDOOR RECREATIONAL FACILITY, FOR A PARKING REDUCTION FOR AN INDIVIDUAL USE AND FOR A PARKING REDUCTION FOR SHARED PARKING 7100 VILLAGE PARKWAY (APN 941-0210-OOS'04) PA 09-016 WHEREAS, Mujeeb Hamid, the "Applicant", on behalf of Combat Sports Academy, has requested approval of a Conditional Use Permit to operate an Indoor Recreational Facility at 7100 Village Parkway in a PD, Planned Development Zoning District also known as the Village Parkway Specific Plan Area; and WHEREAS, the Applicant has also requested approval of a Conditional Use Permit for a Parking Reduction for an Individual Use to reduce the Zoning Qrdinance parking requirement of 94 spaces to 33 spaces; and WHEREAS, the Applicant has also requested approval of a Conditional Use Permit for a Parking Reduction for Shared Parking within the Parkway Center; and WHEREAS, the Project consists of a 4,695 square foot tenant space.located within amulti-tenant commercial building; and WHEREAS, the tenant space would include a retail area, boxing ring, cage and open mat areas; and WHEREAS, the Zoning Administrator is the reviewing body for a Conditional Use Permit request to operate an Indoor Recreational Facility, for a Parking Reduction for an Individual Use and for a Parking Reduction for Shared parking pursuant to Section 8.76.050.E & F; 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 Froject Plans dated received June 17, 2009; 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 impacts and that environmental documents be prepared; and WHEREAS, Staff is recommending that the Project be found Categorically Exempt from the environmental review requirements of the California Environmental Quality Act (CEQA), State guidelines and City environmental regulations pursuant to CEQA Guidelines Section 15301 (Existing Facilities); and ATTACHMENT 2 WHEREAS, a Staff Rcport was submitted describing the Project and recommcnding that .the request be conditionally approved; and WHEREAS, the City of Dublin Zoning Administrator ("Zoning Administrator"} held a properly noticed public hearing on said application on June 30, 2009; and WHEREAS, the Zoning Administrator did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project; and WHEREAS, the Zoning Administrator has found that the proposed Project is appropriate for the subject site. NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Zoning Administrator does hereby make the following findings regarding the operation of an Indoor Recreational Facility at 7100 Village Parkway: A. The proposed use and related structures, as conditioned, are compatible with other land uses, transportation and service facilities in the vicinity in that: 1) the Project is located in a multi- tenant building within a portion of the Parkway Center which includes a mix of retail and commercial uses including an existing martial arts studio. An existing martial arts .studio has been in operation within the subject building since the 1980's with no issues of incompatibility with surrounding uses; 2) Combat Sports Academy is a martial arts studio and would operate primarily in the evenings when the majority of the surrounding businesses are closed; 3) the Project is accessible from Village Parkway which is a fully improved and functional roadway; and 4) the Project will be served by existing service facilities and will not generate or create an additional demand on services to be an adverse impact. B. The proposed use, as conditioned, will not adversely a,~`ect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare in that: 1) the Project is a martial arts studio and all activities will be conducted entirely within an existing commercial building so as not to create a disturbance to surrounding businesses; and 2) the Project has been conditioned to require that all children be accompanied by an adult when arriving to and departing from the facility. C. The proposed use, as conditioned, will not be injurious to property or improvements in the neighborhood in that: 1) the Project will occupy an existing commercial building and in accordance with the Conditions of Approval, building permits are required for all modifications to the tenant space to accommodate the martial arts studio and ensure that all improvements comply with all current Building Codes and Ordinances in effect at the time the building permit is issued. D. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use and related structures would not be detrimental to the public health, safety, and welfare in that: 1) the Project will occupy an existing commercial building that is connected to public water, sanitation, utilities and services and will not generate or create additional demand on services to be an adverse impact; and 2) the Project has adequate vehicular and pedestrian access from Village Parkway and is required to comply with Title 24 far disabled accessibility. 2 E. The subject site rs physically suitable for the type, density and intensity of the use and related structures being proposed in that: 1} the Project will occupy an existing commercial building which currently includes a martial arts studio, a retail kitchen and bath showroom and a retail auto parts store; and 2) Conditions of Approval have been incorporated into the Project requiring that all activities associated with Combat Sports Academy be conducted entirely within the building. F. The proposed use, as conditioned, will not be contrary to the speck intent clauses, development regulations, or performance standards established for the zoning district in which it is located in that: 1) the Project will provide for the continued use of a tenant space within an existing commercial building along Village Parkway that is currently vacant; 2) the Project's operating characteristics such as class size and hours of operation are compatible with surrounding businesses in that the Project's peak demand occurs when the majority of the surrounding businesses are closed; 3) thc Project, as conditioned, meets the development regulations for a martial arts studio; 4) the Project will not generate, produce, emit, or dischazge any of the following: noise or vibration; radioactivity; electrical disturbance; flammable or explosive materials; air pollution; glare or heat; odorous gases; dust; dirt or particulate matter; or, liquid contaminants; and 5} the Applicant has requestcci approval of a Conditional Use Permit for a Parking Reduction for an Individual Use and Parking Reduction for Shared Parking and adequate pazking is available on the site to support the use. G. The proposed project, as conditioned, is consistent with the Iheblin Genera! Plan and any applicable Specific Plans in that: 1) the Project has a General Plan Land Use Designation of RetaiVOffice and Automotive, is located within the Village Parkway Specific Plan with a Specific Plan Land Use Designation of RetaiUOffice and Automotive, and is located within the C-2, General Commercial Zoning District. An Indoor Recreational Facility is conditionally permitted in the C-2 Zoning District which is consistent with the RetaiVOffice and Automotive Land Use Designations for the site. NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Zoning Administrator does hereby make the following findings regarding a Parking Reduction for an Individual Use related to the operation of an Indoor Recreational Facility at 7104 Village Parkway: 1. The Conditional Use Permit Endings can be made in that: 1}the Project is compatible with other land uses, transportation and service facilities in the vicinity because it is a martial arts studio that would operate primarily in the evenings when the majority of the surrounding businesses are closed; 2} the Project will not adversely affect the health or.safety of persons residing or working in the vicinity or be detrimental to the public health, safety or welfare because all activities will be conducted entirely within an existing commercial building so as not to create a disturbance to surrounding businesses and the Project has been conditioned to require that all children be accompanied by an adult when arriving at and departing from the facility; 3) the Project will not be injurious to property or improvements in the neighborhood because the Project has been conditioned to obtain all required permits for modifications made to the tenant space to accommodate the use; 4) the Project is located on a site that is physically suitable for the use because the Project would occupy an existing vacant tenant space within a commercial building which has been designed for and can accommodate an Indoor Recreational Facility; 5) the Project is not contrary to the intent clauses, development regulations or performance standards for the C-2 Zoning District is which it is located because the Project will provide for the continued use of a tenant space within an existing commercial building along Village Pazkway that is currently vacant; and 6) the Project is consistent with the General Plan and Village Parkway Specific Plan 3 Land Use Designations of RetaiUOffice and. Automotive and the C-2 Zoning District which conditionally permits Indoor Recreational Facilities. 2. A parking study prepared by a goal f ed consultant analyzing the parking demands of the proposed use and the parking demands of similar uses'in similar situations demonstrating that the required parking standards are excessive and proposing alternate parking standards which are appropriate and ensure that there will not be a parking deficiency in that: 1) the City of Dublin Traffic Engineer prepared a parking demand analysis for the Project that analyzed the peak parking demands in comparison to the parking requirements contained in the Dublin Zoning Ordinance; 2) the pazking study concluded that the Zoning Ordinance parking standard was not appropriate for this facility and an alternative parking standard was warranted for the Project based on the Project's operating characteristics including class sizes and hours of operation; 3) the City's Traffic Engineer determined that, as proposed, this facility would require 33 parking spaces to support the use; and 4) the parking study was accompanied by an on-site parking inventory to assess the availability of pazking within the Parkway Center which was found to have adequate parking to meet the greatest demands of all uses within the Center including the proposed Project. 3. Overflow parking would not impact any adjacent use in that: 1) the Project is not likely to generate any overflow parking because an on-site parking inventory was conducted and it was found that the Pazkway Center has adequate pazking to meet the greatest demand of all the uses within the Center including the Project; and 2) based on the parking survey, Stag' found that a minimum of 80 parking spaces were available starting at 5:15 p.m. when the facility will open. NOW, THEREFORE, BE li'I' RESOLVED that the City of Dublin Zoning Administrator does hereby make the following findings regazding a Parking Reduction for Shared Parking related to the operation of an Indoor Recreational Facility at 7100 Village Parkway: 1. The Conditional Use Permit findings can be made in that: 1}the Project is compatible with other land uses, transportation and service facilities in the vicinity because it is a martial arts studio that would operate primarily in the evenings when the majority of the surrounding businesses aze closed; 2) the Project will not adversely affect the health or safety of persons residing or working in the vicinity or be detrimental to the public health, safety or welfare because all activities will be conducted entirely within an existing commercial building so as not to create a disturbance to surrounding businesses and the Project has been conditioned to require that ail children be accompanied by an adult when arriving at and departing from the facility; 3) the Project will not be injurious to property or improvements in the neighborhood because the Project has been conditioned to obtain all required permits for modifications made to the tenant space to accommodate the use; 4) the Project is located on a site that is physically suitable for the use because the Project would occupy an existing vacant tenant space within a commercial building which has been designed for and can accommodate an Indoor Recreational Facility; 5) the Project is not contrary to the intent clauses, development regulations or performance standards for the C-2 Zoning District is which it is located because the Project will provide for the continued use of a tenant space within an existing commercial building along Village Parkway that is currently vacant; and, 6) the Project is consistent with the General Plan and Village Parkway Specific Plan Land Use Designations of RetaiUOffice and Automotive and the C-2 Zoning District which conditionally permits Indoor Recreational Facilities. 4 2. A sufficient number of spaces is provided to meet the greatest parking demands of the participating use types and to ensure that there-will not be a parking de,)~ciency in that: 1) based on the parking demand survey, 33 pazking spaces was determined to be appropriate for the proposed Project; 2) based on the on-site pazking inventory that was conducted during the peak operating hours of the Project, Staff found that an average of 75 parking spaces were available starting at 5:15 p.m. when the facility will open; and 3) the results of the pazking study demonstrate that there is adequate parking available to meet the peak parking demands of the proposed Project and that there will not be a pazking deficiency within Parkway Center. 3. Satisfactory evidence is provided that the use types by their natures and operating times will not conflict with each other in that: 1) an inventory of existing uses and their hours of operation was performed and it was found that the Project's operating times peak between 5:30 p.m. and 9:30 p.m. Monday through Friday when the majority of the surrounding businesses are closed which reduces the potential for uses to conflict with one another; and 2} the Project has been conditioned to ensure that the operating characteristics do not change without prior review and approval to ensure on going compatibility with surrounding businesses. 4. Overflow parking will not adversely a,,~`ect any adjacent use in that: 1) a parking study was conducted to determine the amount of parking available during the Project's peak operating times which occurs between 5:30 p.m. and 9:30 p.m. Monday through Friday and it was found that adequate parking is available to meet the peak demand for the Project. 5. Additional documents, covenants, deed restrictions, or other agreements as may be deemed necessary by the Zoning Administrator are executed to assure that the required parking spaces provided are maintained and that uses with similar hours and parking requirements as those uses sharing the parking facilities remain for the life of the documents, covenants, deed restrictions or other agreements in that: 1) Deeds have been recorded for ingress, egress and parking purposes throughout the Parkway Center ensuring that access, circulation and parking remain available for all tenants and their patrons; and 2) Conditions of Approval have been placed on the Project requiring prior review and approval of any changes to the operating characteristics and providing for an annual review of the Conditional Use Permit for compliance with said Conditions of Approval. BE IT FURTHER RESOLVED THAT the City of Dublin Zoning Administrator does hereby approve PA 09-016 Combat Sports Academy Conditional Use Permit for: 1) the operation of an Indoor Recreational Facility located at 7100 Village Parkway, APN 941-0210-005-04; 2} a Parking Reduction for an individual Use; and 3) a Parking Reduction for Shared Parking subject to compliance with the following Conditions of Approval: CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of the use, and shall be subject to Planning Division review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [PL] Planning; [B] Building; [PO] Policc; [PW] Public Works; [ADM] Administration/City Attorney; [FIN] Finance; [PCS] Parks and Community Services; [F]' Dublin Fire Prevention; [DSR] Dublin San Ramon Services District; [LDD] Livermore Dublin Disposal; [CO] Alameda County Department of Environmental Health; [Zone 7J Alameda County Flood Control and Water Conservation District, Zone 7; [LAVTAJ Livermore Amador Valley Transit Authority; and [CHS] California Department of Health Services. 5 NO. CONDITIONS OF APPROVAL Agency When Source Required, Prior to: . ,. _ . ......:...:........ . ..... .. _.....: ..;;::;: :.:::,:: 1. Approval. This Conditional Use Penmit approval for PA PL On--going Planning 09-016 allows for the establishment of Combat Sports Academy, an Indoor Recreational Facility, located at 7100 Village Parkway. The project shall generally conform to We project plans dated received by the Planning Division on June 17, 2009 on file in the Community Development Department, and other plans, text, and diagrams relating to this Conditional Use Permit, unless modified by the Conditions of Approval contained herein. 2. Permit Expiration. The approved use shall commence PL 1 year from DMC within one (1) year of this Conditional Use Permit approval 8.96.020.D approval, or the approval shall lapse and become null and void. Commencement of use means the actual use pursuant to the permit approval ar demonstrating substantial progress toward commencing such 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 Conditional Use Permit expires, a new application must be made and processed according to the uirements of the Dublin Zonin Ordinance. 3. Continued Use. This Conditional Use Permit approval PL On--going Planning shall become null and void in the event the approved uses cease too erate for a continuous one- ear eriod. 4. Anneal Review. On an annual basis, this Conditional PL On-going Planning Use Permit approval may be subject to a review by the Community Development Department to detemune com liance with the Conditions of A royal. 5. Modifications. Modifications or changes to this Conditional Use Permit approval may be considered by PL On-going DMC 8.100.080 the Community Development Director if the modifications or changes proposed comply with Section 8. i 00.080 of the Zonin Ordinance. 6. Revocation. This permit shall be revocable for cause in PL On-going DMC accordance with Dublin Zoning Ordinance Section 8.96.020.I 8.96.020.I, Revocation. Any violation of the terms of the terms and conditions of this permit maybe subject to the issuance of a citation. 7. Fees. The Applicant shall pay all applicable fees in effect Various Building Various at the time of building permit issuance, including, but not Permit limited to, Planning Fees, Building Fees, Dublin San Issuance Ramon Service District fees, Public Facilities fees, Tri Valley Transportation fees, Downtown Traffic Impact Fee, Dublin Unified School District impact fees, Alameda County Fire Services fees, Noise Mitigation fees; Inclusionary Housing in lieu fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water connection fees. When and if applicable and customary, credits shall be applied for existing im rovements. 8. Property Maintenance. Per the City of Dublin Non- PL, PO, On-going Planning, Residential Property Maintenance Ordinance (DMC PW Police, Section 5.64.050), the Applicant and/or Property Owner Public shall maintain the building, site and all signage in good Works condition at all times and shall keep the site clear of trash, debris and graffiti vandalism on a regular and continuous basis. 9. Graffiti. Per the City of Dublin Graffiti Ordinance (DMC PL, PO, On-going Planning, Section 5.68), the Applicant and/or Property Owner shall PW Police, keep the site clear of graffiti vandalism at all times. Public . Works 10. Temporary Promotional Signage. Prior to the display PL On-going Planning of any temporary promotional signs, including banners, balloons or searchlights, a Temporary Promotional Sign Permit must be applied for and approved. No banners, pennants, balloons or other type of advertising display ~ . shall be erected (except where allowed pursuant to Cha ter 8.$4 of the Zonin Ordinance . 11. Signage. All signs associated with the facility shall PL On-going Planning comply with the provisions of Chapter 8.84, Sign Re ations, at all times. 12. Window Signs. Window signs shall be less than 25% of PL On-going Planning the Conti ous window area from which the are viewed. 13. NoiseJNuisance. The Applicant shall control all activities PL On-going Planning on the site so as not to create a nuisance to the surrounding businesses. No loudspeakers or amplified music shall be permitted to project or be placed outside the buildin . 14. Project Activities. All activities associated with Combat PL On-going DMC Sports Academy shall be conducted entirely within the 8.24.020 buildin in accordance with Section 8.24.020. 15. Unattended Minors. Children under the age of 12 shall PL On-going Planning be accompanied by a responsible adult upon arrival and departure to the Project. No child under the age of 12 shall be left unattended outside of the tenant space at any time. 16. Hours of Operation. The Hours of Operation for the PL On-going Planning Indoor Recreational Facility shall be 6:30am-7:30am and 5:30pm-9:30pm Monday through Friday; 9:OOam-2:30pm on Saturday; and, 9:OOam-10:00am on Sunday. Modifications to the Hours of Operation may be considered by the Community Development Director ursuant to Section 8.100.080 of the Zonin Ordinance. 17. Operating Characteristics. The Project shall operate in PL On-going Planning accordance with the hours of operation outlined above in Condition of Approval No. 16; the Project's Written Statement dated received by Planning on June 17, 2009; and, the Class Schedule dated received by Planning on June 2, 2009. Modifications to the operating chazacteristics shall require prior review and approval in accordance with Section 8.100.080 of the Zoning Ordinance. 18. Designating Parking. All pazking throughout the PL On-going Planning Parkway Center shall be shared among all tenants. Signage shall not be placed on or around parking spaces to prohibit or discourage tenants or customers of the . Pazkwa Center from azkin in certain azeas of the site. 1Q. Parking Reduction far Individaai Use. In accordance PL On-going Planning with the Parking Reduction for an Individual Use, a total of 33 parking spaces are required to meet the peak parking demands for the Project. In order to ensure adequate parking remains available for the Project and surrounding businesses, no more than 2 owners, 3 employees, 20 adult students and 10 youth students shall be present within the facility at any time. An increase in the number of on-site owners, employees, or students shall require prior review and approval in accordance with Section 8.100.080 of the Zonin Ordinance. 20. Parking Reduction for Shared Parking. In accordance PL On-going Planning with the Parking Reduction for Shared Parking, the Project shall operate in accordance with the hours of operation outlined above in Condition of Approval No. 16. Modifications to the Hours of Operation may be considered by the Community Development Director ursuant to Section 8.100.080 of the Zonin Ordinance. 21. Reciprocal Parking within Parkway Center. Existing PL On going Planning reciprocal parking arrangements as documented on the A.L.T.A./A.C.S. M. Land Title Survey of Lot 3 and a portion of Lots 2, 4, & 5, Block 3, Tract 2662 for Phyllis Sutton prepared by Kier & Wright Civil Engineers & Surveyors, Inc. dated November 6, 2006 shall remain in place for the life of the Project to ensure adequate parking remains available for the Project. 22. Parking Spaces. The Applicant and/or Property Owner PL On-going DMC ' shall ensure that all parking spaces are designed, located, $.76.06U.A constructed and maintained so as to be fully and . independently useable and accessible at all times in accordance with the Dublin Zoning Ordinance Chapter 8.7b. ._.. .....:.....:.... ........... .................. 1~ G .. .......... ................~... .............,. ...,... U~L~I . ... ............ :. ~. , ... ... ......~,.. .............. ......... ......,~........................ .......,z........_...................... _ .............~n.,.,,............... 23. Building Codes and Ordinances. All project B Through Building construction shall conform to alI building codes and Completion ordinances in effect at the time of buildin ermit. 24. 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 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 complies 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 its. 2S. 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 siructural calculations shall be prepared and signori by a California Ucensed Architect or Engineer. The site plan, landscape lan and details shall be consistent with each other. 26. Addressing. Addresses will be required on all doors B Occupancy Building leading to the exterior of the building. Addresses shall be illuminated and be able to be seen from the street, 5- inches in hei t minimum. 27. Air Conditioning Units. Air conditioning units and B, PL Occupancy .Building ventilation ducts shall be screened from public view with and materials compatible to the main building. Units shall be Planning permanently installed on concrete pads or other non- moveable materials approved by the Building Official and Communit Develo meet Director. 28. Green Building Gaidelines. To the extent practical, the B Through Building ApplicantlDeveloper shall incorporate Green Building Completion measures. A Green Building Plan shall be submitted to the Buildin Official for review. 29. CAS. The Applicant/Developer shall obtain the services B Issuance of Building of a Certified Access Specialist for the review of the Building construction drawings and inspections. A written report Permits and shall be submitted to the Cit rior to a royal of the Prior to Final permit application. In addition, a written report shall be Inspection submitted to the City Inspector prior to scheduling the final in ection. 38. Change of Oecnpaney Permit As per Section 3406 of B Occupancy Building the California Building Code, a change of occupancy requires the building to meet the requirements of a new building for the proposed occupancy type. This may require upgrades to structural systems. The building will be required to meet accessible codes as listed in Chapter 11 B of the California Building Code. Afire sprinkler s is aired. 31. Floodplain. A Substantial Improvement application shall B Issuance of Building be filed by the Applicant/Developer due to the building Building being located within a flood plain. If it is determined that Permits the amount of current and past improvements meets the required threshold, the building will be required to meet the Ci 's flood oofin re ations. ...,..r~~. ~:.-.. ~~:,::: ~:.:: ~~:~:..... . 32. Architect Signature. All plans submitted for review F Issuance of Fire shall be signed by the architect. Buildin8 Permits 33. Addressing. The location, size and type of address F Occupancy Fire numbers on the front and back of the building shall be rovided er the Cit standards. 34. Key Boz. The location of the Fire Department Key Box F Issuance of Fire shall be shown on the plans. The Box shall be located to Building the left or right of the main front doors on the first non- Permits glass structural member at a height of 5 %Z to 5-feet to the to of the box. 35. Occupancy Load Sign. The location of the occupancy F Issuance of Fire load sign shall be shown on the plans. Building Permits 36. Door Hardware. Information on door hardware shall be F Issuance of Fire provided for doors 101, 105 and 106. Building Permits ,... lC of ~: 37. Parking Lot Lights. Provide a photometric caleulatian PW Issuance of Public for the entire Parkway Center including the existing Building Works parking lots and around the buildings that demonstrates a Permit minimum foot-candle lighting level of not less than 1 A at the ground surface for all parking areas; if this cannot be verified rovide additional li tin where neces 3$. Nan-Residential Security Ordinance. The Applicant/ PO Occupancy Police Developer shall comply with all applicable City of Dublin Non-Residential Security Ordinance requirements. The Ordinance includes sections related to lighting within bathrooms, exterior lighting and exterior doors. 10 39. Labeling Doors. All interior doors leading to PO Occupancy . Police classrooms, storage, offices, etc shall be identified with lettering or signs to assist first responders in an . emergency situation. All exterior doors shall be identified according to the roomslspace they access (i.e. office, entrance, equipment room, exit only, etc). 40. Security Lighting. Security lighting shall be installed in PO Occupancy Police all activit rooms. PASSED, APPROVED AND ADOPTED this 30`~ day of June 2409. Jcri Ram, P Zoning Administrator ATTEST: ~~~~ ~ Mamie R. Waffle Senior Planner 11 CITY OF DUBLIN, CA -Expansion Request- 12/12/2011 ATTACHMENT 3 .:ombat Sports Academy 7100 Village Parkway Dublin, CA 94568 (925) 230-8442 www.csagym.com 12/12/2011 The City of Dublin 100 Civic Plaza Dublin, CA 94568 RE: CSA Expansion The Combat Sports Academy has been serving the community of Dublin, CA since late 2009, providing world class instruction in multiple Martial Arts and personal safety disciplines. We also cater to many members of the local law enforcement and emergency response officers throughout the East Bay. As promised during our initial CUP process we have been a positive addition to the Dublin Business community. Since our initial opening the Academy has been very successful and we have come to the point where we need expand our facility if we are going to continue to be successful part of the Dublin business community. Our current property management firm provided us with the opportunity to lease an additional location directly behind our current space in the same complex at 7106 Village Parkway. Our lease in this space began 7/1/2011, so we are currently paying rent on this location in anticipation of our expansion approval. A. What type of business, activity or use are you proposing? We are proposing the expansion of our current business location, Combat Sports Academy (CSA). As outlined in our original and approved Use Permit we offer training in the following disciplines: Krav Maga Krav Maga is one of the most effective self-defense systems practiced in the world today. Originally developed .for the Israeli Defense Forces (IDF) to protect their soldiers in the modern world, Krav Maga is now taught to various law enforcement/military organizations, and civilians worldwide. Krav Maga's simple, no-nonsense and realistic approach to personal safety makes it an ideal self-defense solution for men, women and children of all ages and physical abilities. Krav Maga incorporates fitness, self-defense and fighting like no other system. Krav Maga's top-rated Fitness classes compliment training by toning muscle and dramatically improving strength and stamina. Krav Maga's self-defense classes are atotal-body workout that combines kicking, punching, stand up fighting, ground fighting, and defenses against weapons, getting students into prime physical shape. The total-body workout benefits of CSA's Krav Maga self-defense and fitness system have been featured in publications such as Shape, Men's Fitness, USA Today, US, and SELF, as well as television from CNN and Extra to The Today Show. .:ombat Sports Academy 7100 Village Parkway Dublin, CA 94568 (925) 230-8442 www.csagym.com Muay Thai Muay Thai training at CSA consists of technical training, drill training, conditioning, specificity training and sparring. Safety is another key factor with our training methods; Proper equipment, supervision, and training methods are strictly followed at our school and we have a spotless safety record since opening our doors. Combat Sports Academy instructors are internationally known/respected competitors and teachers who's system was developed to teach Muay Thai systematically, coherently and safely. It is arguably the most effective training system for Muay Thai in the world, bringing Thai boxing to both recreational & professional martial artists & producing over 40 World Champions to date. Brazilian Jiu-Jitsu Brazilian Jiu-Jitsu is a Martial Art intended to control your opponent as much as possible using leverage and technique thus giving you a greater position for striking or submission holds. Submission holds consist of joint manipulation, locks or choke holds and can be applied even if your opponent is much larger than you. The art of Brazilian Jiu-Jitsu is unique not just because of the sophistication of its techniques, but for the realism of its training methods.. No other art allows you to train at 100% without hurting your training partners. Brazilian Jiu-Jitsu is one of the fastest growing martial arts in the United States because it has proven to be an effective method for dealing with combative situations. This is evident in today's Mixed Martial Arts. Requiring little or no strength, this art is a great self-defense system for men, women and children. CrossFit Our CrossFit program is a "strength and conditioning" fitness methodology and is the principal strength and conditioning program for many police academies and tactical operations teams, military special operations units, champion martial artists, and hundreds of other elite and professional athletes worldwide. CrossFit is not sport-specific and promotes broad and general overall physical fitness. B. How many employees will you have or propose to have? We are adding no new instructors or staff during this proposed expansion, In addition to the two (2) owners, CSA has 4 employees/instructors that help teach our various self-defense and fitness programs outlined above. C. What are your proposed hours and days of operations? CSA's proposed hours of operation for both locations (7100 Village Parkway and 7106 Village Parkway) would be the following: Monday-Sunday: 6:OOAM-10PM "EXCEPTION Monday-Friday: 7:30AM-5:30PM '`NOTE: No more than 20 Clients and Employees in both locations (7100 & 7106) combined during these exception times. wombat Sports Academy 7100 Village Parkway Dublin, CA 94568 (925) 230-8442 www.csagym.com D. Will your business, activity or use target a specific segment of the community? CSA offers classes for and market to all segments of the community; Men, Women and Children of all ages. E. In what ways will your business, activity or use benefit the community? The Combat Sports Academy has been serving the community of Dublin, CA since 2009, providing world class instruction in multiple Martial Arts and personal safety disciplines. We also cater to many members of the local law enforcement and emergency response officers throughout the East Bay. As promised during our initial CUP process we have been a very positive addition to the Dublin Business community. Research published in the New England Journal of Medicine and the British Journal of Sports Medicine shows that people who regularly practice martial arts demonstrate astounding levels of physical fitness in comparison to people the same age who don't exercise at all. The study subjects who practiced martial arts had 12% less body fat, were able to do twice as many sit-ups, had enhanced flexibility and leg strength, demonstrated a stronger immune system and showed greatly improved balance. It's not surprising, of course: martial arts have long been known to confer tremendous anti-aging. health benefits to their followers. Throughout Asia, it's not uncommon to see large groups of elderly (people in their 60's, 70's and 80's) practicing Martial Arts at sunrise in the community parks. Despite their age, these people have better aerobic conditioning, balance, strength, flexibility and coordination than many typical Americans in their 30's who are already suffering from chronic diseases like diabetes, obesity and cancer. People who practice Martial Arts simply don't experience those diseases with anywhere near the frequency. As a result, they live longer, healthier, happier lives. F. Are there any ways in which your business, activity or use may disrupt the peace of the surrounding residents or businesses? No, the CSA expansion project is designed to be non-disruptive to surrounding residents and businesses. G. Will your business, activity or use have any negative effects on the health or safety of people residing or working in the vicinity? In two years of business operations in Dublin, CSA's Business "activity° has not had any negative effects on the health or safety of people residing or working in the neighboring vicinity. Our expansion will continue to provide no risks to our neighbors as well H. Will your business, activity or use create any negative impacts on property, transportation systems, or existing improvements in the neighborhood? No, the CSA expansion project will not create any negative impact on property, transportation or existing improvements in the neighborhood. We are expanding our-space and hours of operation in an effort to better support our existing clientele. .:ombat Sports Academy 7100 Village Parkway Dublin, CA 94568 (925) 230-8442 www.csagym.com ' I. Is the proposed project located on a hazardous waste and substances site? 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N'm m H w ti - t~ u n a u ~ a D w ~ ~ ~ D , w w~ O N $ w F~ ~ ' £ Z ~ m ~ u~ y ~ m _ 5w ~ n m ~C + ~ DS~ ~ C _ ~s m~ m 4 _ d a Fr ccm iFZ p ° ° ~~=g am~~ G1 ~ ` g sy~ 2z 9~CO iom ° c ~ - °v ~~m q w m v~ ~ ~ EE6 ~o ~m ~~ ~NU a _ a~ -~ 9 N F ~ ~ 0 1 f f ~ m 0 ~ ~ ~ ~ ~ ~ ~ D ~ ~ COMBAT SPORTS ~ ~~ ~ ~ ~~ ~ ~N g~ Public Works Department MEMORANDUM DATE: January 19, 2012 TO: Marnie Delgado, Senior Planner FROM: Jaimee Bourgeois, Transportation & Operations Manager SUBJECT: Parking Evaluation for Combat Sports Academy Conditional Use Permit - PLPA-2010-00030 A conditional use permit was issued for a martial arts studio at 7100 Village Parkway (inside Parkway Center), with a parking reduction for an individual use and a parking reduction for shared parking, on June 30, 2009. An application has been received from Combat Sports Academy (CSA) to expand the current hours of operation at 7100 Village Parkway and expand into the building space at 7106 Village Parkway. The existing tenant space is 4,695 square feet, and the proposed tenant space is 3,833 square feet. Based on the current parking standard for a martial arts studio (per Zoning Ordinance 8.76.080. D), 1 parking space is required for every 200 square feet, requiring a total of 42 parking spaces. Based on the total off-street parking supply and cumulative required parking per the zoning ordinance for the other uses within the site, there are not 42 available off-street parking spaces to allocate to CSA. However, if an allowed retail use were to occupy 7100 Village Parkway and an allowed warehouse use were to occupy 7106 Village Parkway, City approval would not be required and the required parking allocation would only be 20 parking spaces (at 1 space per 300 square feet for retail and 1 space per 1,000 square feet for warehouse). As such, it seems appropriate to allow CSA to operate between typical business hours (7:30 a.m. to 5:30 p.m.) as long as the total parking demand does not exceed 20 at any given time. To satisfy this proposed requirement, CSA would be restricted to having no more than 20 employees and customers in the facility at any given time. Non-driving age children should be excluded from the count. The 20 total head count could include any combination of employees and customers at either 7100 or 7106 Village Parkway. Further analysis was required to determine whether there would be parking impacts during off- peak business hours (before 7:30 a.m. and after 5:30 p.m.) if CSA were allowed to operate without restrictions. CSA is already operational at 7100 Village Parkway, and there are no restrictions to their operations during off-peak business hours (before 7:30 a.m. and after 5:30 p.m.); therefore, the parking evaluation was limited to assessing the impacts associated with CSA's proposed expansion to 7106 Village Parkway. To determine whether sufficient parking is available to accommodate unrestricted operations during off-peak business hours at 7106 Village Parkway, a parking study was conducted, as prevailing conditions may not match requirements set forth in the Zoning Ordinance. Total parking demand within Parkway Center was counted during two weekday evenings and one Saturday during the month of December. Estimated parking demand for one vacant space Attachment 6 was also included, as it is expected that this space will be occupied at some point in the future. The results are presented in Table 1. The Wednesday evening and Saturday daytime surveys both showed available parking totaling 43 stalls. The worse-case condition was on Monday evening (at 6:00 p.m.), when there were 33 stalls available for use by the CSA expansion. Based on the current parking standard for a martial arts studio (per Zoning Ordinance 8.76.080D), 1 parking space is required for every 200 square feet, requiring a total of 19 parking spaces for the 3,833 square-foot expansion. The available parking exceeds the parking requirement for the expanded space. TABLE 1 Combat Sports Academy Expansion Parking Evaluation Monday Wednesday Saturday 6:00 .m. 6:00 .m. 10:30 a.m.' Occupied Stalls 116 106 106 Vacant Space - 10 10 10 Estimated Demand2 Total Supply 159 159 159 Unoccupied Stalls 33 43 43 (available capacity) Notes: 1. Saturday at 3:00 p.m. was also surveyed but 10:30 a.m. demonstrated worse-case conditions. 2. 7066 Village Parkway (3,000 square feet) was vacant at the time of the survey. Assuming a parking demand equivalent to the Zoning Ordinance requirement for retail space (1 space per 300 square feet), this space results in an assumed demand for 10 stalls. This analysis conservatively assumes that this demand would occur during weekday evenings and on Saturdays, when the surveys were conducted. Conclusion Based on the total off-street parking supply and cumulative required parking per the zoning ordinance for the entire Parkway Center, there are not 42 available off-street parking spaces to allocate to CSA. However, it would be appropriate to allow CSA to operate between typical business hours (7:30 a.m. to 5:30 p.m.) as long as the total parking demand does not exceed 20 at any given time (equivalent retail and warehouse space parking requirements). The 20 total head count could include any combination of employees and customers at either 7100 or 7106 Village Parkway. During off-peak business hours (before 7:30 a.m. and after 5:30 p.m.), there is sufficient parking available on-site (33 available at worse-case) to allocate to CSA for the expansion of operations into 7106 Village Parkway, as the Zoning Ordinance requires 19 stalls. Please let me know if you have any questions. G:\DEVELOPMENT, PRIVATE\Combat Sports\Parking\memo_Combatsports_Parking_011912.doc RESOLUTION NO. 12-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO EXPAND AN EXISTING INDOOR RECREATIONAL FACILITY, A PARKING REDUCTION FOR AN INDIVIDUAL USE AND A PARKING REDUCTION FOR SHARED PARKING AT 7100 AND 7106 VILLAGE PARKWAY (APN 941-0210-005-04) PLPA-2010-00030 WHEREAS, Mujeeb Hamid, the "Applicant", on behalf of Combat Sports Academy, has requested an amendment to a Conditional Use Permit (PA 09-016) to expand the hours of operation for an existing 4,695 square foot Indoor Recreational Facility located at 7100 Village Parkway in a PD (Planned Development) Zoning District also known as the Downtown Dublin Specific Plan Area; and WHEREAS, the Applicant has also requested to expand the existing Indoor Recreational Facility into a 3,833 square foot tenant space located at 7106 Village Parkway; and WHEREAS, the Applicant has requested an amendment to a Conditional Use Permit (PA 09-016) for a Parking Reduction for an Individual Use to reduce the Zoning Ordinance parking requirement of 42 spaces (23 spaces for 7100 Village Parkway and 19 spaces for 7106 Village Parkway) to 20 spaces between the hours of 7:30am and 5:30pm Monday through Friday; and WHEREAS, Section 8.76.050.E (Parking Reductions for an Individual Use) of the Dublin Zoning Ordinance allows for a reduction in off-street parking requirements when an Applicant believes that the number of parking spaces required for their use is not applicable because the use would function differently than the generic use type and associated parking standards established in Chapter 8.76; and WHEREAS, the Applicant has requested an amendment to a Conditional Use Permit (PA 09-016) for a Parking Reduction for Shared Parking to reduce the off-street parking requirements for the Parkway Center between the hours of 6:OOam and 7:30am and 5:30pm and 10:OOpm Monday through Friday and 6:OOam-10:OOpm Saturday and Sunday; and WHEREAS, Section 8.76.050.E (Parking Reductions for Shared Parking) of the Dublin Zoning Ordinance allows for a reduction in off-street parking requirements when shared off- street parking is proposed between two or more use types; and WHEREAS, Section 8.100.080.6 (Other Amendments) of the Dublin Zoning Ordinance states that the process for amending a Conditional Use Permit shall be the same as the process for approving a Conditional Use Permit except that the decision-maker for the Conditional Use Permit shall be the same decision-maker that ultimately approved the Conditional Use Permit; and WHEREAS, the Zoning Administrator approved a Conditional Use Permit for the operation of an Indoor Recreational Facility (Combat Sports Academy), a Parking Reduction for an Individual Use and a Parking Reduction for Shared Parking on June 30, 2009; and ATTACHMENT 7 WHEREAS, in accordance with Section 8.128.040.E (Referral to Planning Commission) of the Dublin Zoning Ordinance the Zoning Administrator is referring decision making authority to the Planning Commission; 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 received October 7, 2011; and WHEREAS, the California Environmental Quality Act (CEQA), together with State Guidelines and City Environmental Regulations required that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, Staff is recommending that the project be found Categorically Exempt from the environmental review requirements of the California Environmental Quality Act (CEQA), State guidelines and City environmental regulations pursuant to CEQA Guidelines Section 15301 (Existing Facilities); and WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission recommending approval of the Conditional Use Permit amendment request; and WHEREAS, the Planning Commission held a public hearing on said application on March 27, 2012; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project. NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission does hereby make the following findings regarding the expanded hours of operation for an existing Indoor Recreational Facility at 7100 Village Parkway: A. The proposed use and related structures is compatible with other land uses, transportation and service facilities in the vicinity in that: 1) the project is located in a multi-tenant building within a portion of the Parkway Center which includes a mix of retail and commercial uses including another martial arts studio. The other martial arts studio has been in operation at Parkway Center since the 1980's with no issues of incompatibility with surrounding uses; 2) Combat Sports Academy is a martial arts studio and has been in operation at Parkway Center since September 2009. The martial arts studio is compatible with surrounding land uses so long as all activities are conducted inside the building and capacity is restricted during peak operating hours and conditions of approval have been included to this effect; 3) the project is accessible from Village Parkway which is a fully improved and functional roadway; and 4) the project will be served by existing service facilities and will not generate or create an additional demand on services to be an adverse impact. 2of16 B. It will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare in that: 1) the project is a martial arts studio and all activities are required to be conducted entirely within the existing commercial building so as not to create a disturbance to surrounding businesses; and 2) the project has been conditioned to require that all children be accompanied by an adult when arriving to and departing from the facility. C. It will not be injurious to property or improvements in the neighborhood in that: 1) the project will occupy an existing commercial building and the tenant space is fully improved and is not proposed to be modified. D. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use and related structures would not be detrimental to the public health, safety, and welfare in that: 1) the project will occupy an existing commercial building that is connected to public water, sanitation, utilities and services and will not generate or create additional demand on services to be an adverse impact; and 2) the project has adequate vehicular and pedestrian access from Village Parkway and complies with Title 24 for disabled accessibility. E. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed in that: 1) the project will occupy an existing commercial building which currently includes a martial arts studio, a retail kitchen and bath showroom and a retail auto parts store; and 2) Conditions of Approval have been incorporated into the project requiring that all activities associated with Combat Sports Academy be conducted entirely within the building and capacity is restricted during peak operating hours and conditions of approval have been included to this effect. F. It will not be contrary to the specific intent clauses, development regulations, or performance standards established for the zoning district in which it is located in that: 1) the project will provide for the expanded use of a tenant space within an existing commercial building along Village Parkway; 2) the project's operating characteristics such as class size and hours of operation are compatible with surrounding businesses in that activities will be limited during the hours of 7:30am and 5:30pm to reduce the demand on parking when the majority of the surrounding businesses are open; 3) the project, as conditioned and with the granting of a parking reduction, meets the development regulations for a martial arts studio; 4) the project will not generate, produce, emit, or discharge any of the following: noise or vibration; radioactivity; electrical disturbance; flammable or explosive materials; air pollution; glare or heat; odorous gases; dust; dirt or particulate matter; or liquid contaminants; and 5) the Applicant has requested approval of a Conditional Use Permit for a Parking Reduction for an Individual Use and a Conditional Use Permit amendment for a Parking Reduction for Shared Parking and a parking study demonstrated that adequate parking would be available on-site to support the expansion of the use. G. It is consistent with the Dublin General Plan and with any applicable Specific Plans in that: 1) the project has a General Plan Land Use Designation of Retail/Office and Automotive, is located within the Downtown Dublin Specific Plan Area and is zoned DDZD (Downtown Dublin Zoning District). An Indoor Recreational Facility is an allowed use in the DD Zoning District with a use permit which is consistent with the Retail/Office and Automotive Land Use Designations for the site. 3 of 16 NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission does hereby make the following findings regarding a Parking Reduction for an Individual Use related to the operation of an Indoor Recreational Facility at 7100 and 7106 Village Parkway: The Conditional Use Permit findings can be made in that: 1) the project is compatible with other land uses, transportation and service facilities in the vicinity because the Project is located in amulti-tenant building within a portion of the Parkway Center which includes a mix of retail and commercial uses including an existing martial arts studio. The existing martial arts studio has been in operation within the subject building since the 1980's with no issues of incompatibility with surrounding uses; 2) the project will not adversely affect the health or safety of persons residing or working in the vicinity or be detrimental to the public health, safety or welfare because all activities are required to be conducted entirely within the existing commercial building so as not to create a disturbance to surrounding businesses and the project has been conditioned to require that all children be accompanied by an adult when arriving at and departing from the facility; 3) the project will not be injurious to property or improvements in the neighborhood as the Project will occupy an existing commercial building at 7100 Village Parkway and the tenant space is fully improved and only minor modifications are proposed to the tenant space at 7106 Village Parkway; 4) the Project is located on a site that is physically suitable for the use because the Project is located within existing tenant spaces within a commercial building which can accommodate an Indoor Recreational Facility; 5) the project is not contrary to the intent clauses, development regulations or performance standards for the DD Zoning District is which it is located because the Project will provide for the expanded use of the tenant space at 7100 Village Parkway and will activate a currently vacant tenant space at 7106 Village Parkway both of which are located within an existing commercial building along Village Parkway; and 6) the project is consistent with the General Plan and Downtown Dublin Specific Plan and the DD Zoning District which allows for the establishment of Indoor Recreational Facilities. 2. A parking study prepared by a qualified consultant analyzing the parking demands of the proposed use and the parking demands of similar uses in similar situations demonstrating that the required parking standards are excessive and proposing alternate parking standards which are appropriate and ensure that there will not be a parking deficiency in that: 1) the City of Dublin Traffic Engineer reviewed the hours of operation and the parking requirements contained in the Dublin Zoning Ordinance and prepared a report dated January 19, 2012; 2) the Zoning Ordinance requires that 23 parking spaces be provided for the operation of a martial arts studio at 7100 Village Parkway and 19 parking spaces be provided for the operation of a martial arts studio at 7106 Village Parkway for a total requirement of 42 spaces; 3) the Applicant has agreed to limit the project activities between the hours of 7:30am and 5:30pm so that no more than 20 parking spaces would be needed between 7100 and 7106 Village Parkway which is the parking demand that would be generated by a retail use and warehouse use which were the previous uses of the Project's tenant spaces. 3. Overflow parking would not impact any adjacent use in that: 1) the project is limited to 20 parking spaces which is the same amount of parking that would be required if the tenant spaces were occupied by a retail use and a warehouse use. 4 of 16 NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission does hereby make the following findings regarding a Parking Reduction for Shared Parking related to the operation of an Indoor Recreational Facility at 7100 and 7106 Village Parkway: The Conditional Use Permit findings can be made in that: 1) the project is compatible with other land uses, transportation and service facilities in the vicinity because it is a martial arts studio that would operate primarily in the evenings when the majority of the surrounding businesses are closed; 2) the project will not adversely affect the health or safety of persons residing or working in the vicinity or be detrimental to the public health, safety or welfare because all activities are required to be conducted entirely within existing commercial buildings so as not to create a disturbance to surrounding businesses and the Project has been conditioned to require that all children be accompanied by an adult when arriving at and departing from the facility; 3) the project will not be injurious to property or improvements in the neighborhood because the project has been conditioned to obtain all required permits for any modifications made to the tenant space to accommodate the use; 4) the project is located on a site that is physically suitable for the use because the Project would occupy an existing tenant space within a commercial building which can accommodate an Indoor Recreational Facility; 5) the project is not contrary to the intent clauses, development regulations or performance standards for the DD Zoning District is which it is located because the Project will provide for the continued use of a tenant space within an existing commercial building along Village Parkway; and 6) the project is consistent with the General Plan and Village Parkway Specific Plan Land Use Designations of Retail/Office and Automotive and the DD Zoning District which allows for the operation of Indoor Recreational Facilities including martial arts studios. 2. A sufficient number of spaces is provided to meet the greatest parking demands of the participating use types and to ensure that there will not be a parking deficiency in that: 1) based on the parking demand survey, the available parking exceeds the parking requirement for the Project; 2) between 33 and 43 parking spaces were available at 6pm during the week which is more than adequate for the Project expansion which requires 19 spaces; and 3) the results of the parking study demonstrate that there is adequate parking available to meet the peak parking demands of the proposed project and that there will not be a parking deficiency within Parkway Center based on the current mix of uses and their hours of operation. 3. Satisfactory evidence is provided that the use types by their natures and operating times will not conflict with each other in that: 1) an inventory of existing uses and their hours of operation was performed and it was found that the majority of the surrounding businesses are closed after 5:30pm which reduces the potential for uses to conflict with one another. 4. Overflow parking will not adversely affect any adjacent use in that: 1) a parking study was conducted to determine the amount of parking available after 5:30pm Monday through Friday and found 33-43 parking spaces available which are more than adequate to meet the parking demand of 19 spaces for the expansion of Combat Sports Academy into the building at 7106 Village Parkway. 5of16 5. Additional documents, covenants, deed restrictions, or other agreements as may be deemed necessary by the Zoning Administrator are executed to assure that the required parking spaces provided are maintained and that uses with similar hours and parking requirements as those uses sharing the parking facilities remain for the life of the documents, covenants, deed restrictions or other agreements in that: 1) Deeds have been recorded for ingress, egress and parking purposes throughout the Parkway Center ensuring that access, circulation and parking remain available for all tenants and their patrons; and 2) Conditions of Approval have been placed on the project restricting the designation of parking throughout Parkway Center. BE IT FURTHER RESOLVED THAT the City of Dublin Planning Commission does hereby approve PLPA-2010-00030 Combat Sports Academy Conditional Use Permit amendment to expand the hours of operation for an existing Indoor Recreational Facility at 7100 Village Parkway and for a Parking Reduction for an Individual Use and for a Parking Reduction for Shared Parking at 7100 & 7106 Village Parkway subject to compliance with the following Conditions of Approval: CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of the use, and shall be subject to Planning Division review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [PL] Planning; [B] Building; [PO] Police; [PW] Public Works; [ADM] Administration/City Attorney; [FIN] Finance; [PCS] Parks and Community Services; [F] Dublin Fire Prevention; [DSR] Dublin San Ramon Services District; [LDD] Livermore Dublin Disposal; [CO] Alameda County Department of Environmental Health; [Zone 7] Alameda County Flood Control and Water Conservation District, Zone 7; [LAVTA] Livermore Amador Valley Transit Authority; and [CHS] California Department of Health Services. NO. CONDITIONS OF APPROVAL Agency When Required, Prior to• Source GENER AL 1. Approval. This Conditional Use Permit PL On-going Planning approval for PLPA-2010-00030 amends and supersedes Zoning Administrator Resolution 09-06 approving a Conditional Use Permit for the operation of an Indoor Recreational Facility, for a Parking Reduction for an Individual Use and for a Parking Reduction for Shared Parking (PA 09-016). This Conditional Use Permit approval for Combat Sports Academy, an Indoor Recreational Facility (Martial Arts Studio), allows for the expansion of Combat Sports Academy through extended hours of operation at 7100 Villa a Parkwa and throu h a h sical 6 of 16 expansion into 7106 Village Parkway. The project shall generally conform to the project plans dated received by the Planning Division on October 7, 2011 and the Written Statement dated December 12, 2011 on file in the Community Development Department, and other plans, text, and diagrams relating to this Conditional Use Permit, unless modified by the Conditions of A royal contained herein. 2. Permit Expiration. The approved use shall PL 1 year from DMC commence within one (1) year of this approval 8.96.020.D Conditional Use Permit approval or the approval shall lapse and become null and void. Commencement of use means the actual use pursuant to the permit approval or demonstrating substantial progress toward commencing such 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 Conditional Use Permit expires, a new application must be made and processed according to the requirements of the Dublin Zonin Ordinance. 3. Continued Use. This Conditional Use Permit PL On-going Planning approval shall become null and void in the event the approved use ceases to operate for a continuous one- ear eriod. 4. Annual Review. On an annual basis, this PL On-going Planning Conditional Use Permit approval may be subject to a review by the Community Development Department to determine compliance with all of the Conditions of A royal. 5. Modifications. Modifications or changes to this PL On-going DMC Conditional Use Permit approval may be 8.100.080 considered by the Community Development Director if the modifications or changes proposed comply with Section 8.100.080 of the Zonin Ordinance. 6. Revocation. This permit shall be revocable for PL On-going DMC cause in accordance with Dublin Zoning 8.96.020.1 Ordinance Section 8.96.020.1 Revocation . 7. Violation. Once this permit is effective, any and PL On-going DMC all of the conditions specified in this approval 8.96.020.) shall become o erative and the violation of an & 8.144 7of16 of them shall constitute a violation of the Zoning Ordinance. A violation of the Zoning Ordinance is subject to enforcement in accordance with Dublin Zoning Ordinance Chapter 8.144 and ma result in the issuance of a citation s . 8. Fees. The Applicant shall pay all applicable Various Building Various fees in effect at the time of building permit Permit issuance, including, but not limited to, Planning Issuance Fees, Building Fees, Dublin San Ramon Service District fees, Public Facilities fees, Tri- Valley Transportation fees, Downtown Traffic Impact Fee, Dublin Unified School District impact fees, Alameda County Fire Services fees, Noise Mitigation fees, Inclusionary Housing in lieu fees, and Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water connection fees. When and if applicable and customary, credits shall be a lied for existin im rovements. 9. Property Maintenance. Per the City of Dublin PL, PO, On-going Various Non-Residential Property Maintenance PW Ordinance (DMC Section 5.64.050), the Applicant and/or Property Owner shall maintain the building, site and all signage in good condition at all times and shall keep the site clear of trash, debris and graffiti vandalism on a re ular and continuous basis. 10. Graffiti. Per the City of Dublin Graffiti PL, PO, On-going Various Ordinance (DMC Section 5.68), the Applicant PW and/or Property Owner shall keep the site clear of raffiti vandalism at all times. 11. Temporary Promotional Signage. Prior to the PL On-going DMC display of any temporary promotional signs, 8.84 including banners, balloons or searchlights, a Temporary Promotional Sign Permit must be applied for and approved. No banners, pennants, balloons or other type of advertising display shall be erected except where allowed pursuant to Dublin Zoning Ordinance Chapter 8.84 Si n Re ulations . 12. Signage. All signs associated with the facility PL On-going DMC shall comply with the provisions of Dublin 8.84 Zoning Ordinance Chapter 8.84 (Sign Re ulations at all times. 13. Window Signs. Window signs shall be limited PL On-going DMC to 25% of the contiguous window area from 8.84.050.V which they are viewed. 8of16 P#~MN ~VG -PROJECT SPECIFIC 14. Noise/Nuisance. The Applicant shall control all PL On-going Planning activities associated with Combat Sports Academy so as not to create a nuisance to the surrounding businesses. No noise, including but not limited to, loudspeakers or amplified music, shall be discernable outside of the building nor shall loudspeakers or amplified music be permitted to be placed outside the buildin . 15. Project Activities. All activities associated PL On-going Planning with Combat Sports Academy shall be conducted entirely within the building (7100 and 7106 Village Parkway) at all times. At no time shall patrons run laps within the parking lot of Parkway Center, scale the walls of the car wash, lift weights or otherwise exercise in the parking lot. Furthermore, no outdoor running activities shall begin or end at Combat Sports Academy. It is the responsibility of the owner/operator/manager of Combat Sports Academy to ensure that all patrons comply with the terms and conditions of this Conditional Use Permit a royal. 16. Unattended Minors. Children under the age of PL On-going Planning 12 shall be accompanied by a responsible adult upon arrival and departure to Combat Sports Academy. No child under the age of 12 shall be left unattended outside of the tenant space at an time. 17. Hours of Operation. This Conditional Use PL On-going Planning Permit approval allows the following hours of operation for Combat Sports Academy: 1.Monday-Friday 6:OOam-7:30am and 5:30pm-10:OOpm 2. Monday-Friday 7:30am-5:30pm* 3.Saturday-Sunday 6:OOam-10:OOpm *Limited classes may be offered between 7:30am and 5:30pm Monday-Friday as long as the total parking demand during this time does not exceed 20 spaces. Demand will be determined by a total head count not to exceed 20 persons including any combination of employees and customers at either 7100 or 7106 Village Parkway. Non-driving age children are excluded from the count. 9 of 16 18. Designating Parking. All parking throughout PL On-going Planning the Parkway Center shall be shared among all tenants. Signage or other obstructions shall not be placed on or around parking spaces to prohibit or discourage tenants or customers of the Parkway Center from parking in certain areas of the site. 19. Parking Reduction for Individual Use. A PL On-going Planning Parking Reduction for an Individual Use has been granted for Combat Sports Academy to operate between the hours of 7:30am and 5:30pm Monday-Friday at 7100 and 7106 Village Parkway. Class offerings (including employees, instructors, patrons, etc.) shall not exceed a demand for 20 parking spaces as defined above in Condition No. 17. 20. Parking Reduction for Shared Parking. A PL On-going Planning Parking Reduction for Shared Parking has been granted for Combat Sports Academy to operate between the hours of Gam-7:30am and 5:30pm- 10pm Monday-Friday and the hours of 6am- 10pm Saturday-Sunday at 7100 and 7106 Villa a Parkwa . 21. Clarifications or Changes to the Conditions PL On-going Planning of Approval. In the event that there needs to be clarification to these Conditions of Approval, the Community Development Director or his/her designee has the authority to clarify the intent of these Conditions of Approval to the Applicant without oin to a ublic hearin . BUILDfi IVG 22. Building Codes and Ordinances. All project B Through construction shall conform to all building codes Completion and ordinances in effect at the time of building ermit. 23. Building Permits. To apply for building B Issuance of permits, Applicant/Developer shall submit five Building (5) sets of construction plans to the Building & Permits Safety Division for plan check. Each set of plans shall have attached an annotated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participation non-City agencies prior to the issuance of buildin ermits. 10 of 16 24. Construction Drawings. Construction plans B Issuance of shall be fully dimensioned (including building Building elevations) accurately drawn (depicting all Permits existing and proposed conditions on site), and prepared and signed by a California licensed Architect or Engineer. All structural calculations shall be prepared and signed by a California licensed Architect or Engineer. The site plan and details shall be consistent with each other. Construction plans to include occupant load calculations, occupancy classification, and occupancy separations based on existing adjacent occupancies. Occupant load factor and egress requirements used to be consistent with the existing (front) tenant space. Construction plans to show a complete means of egress (MOE) for the expansion as it requires a minimum of two egress doors. This includes proper exterior landing, leveled path to the exit discharge (i.e., public sidewalk), and exterior illumination. As part of the expansion, this space requires to have the minimum number of plumbing fixtures independent than the main front space. This includes separate Men's and Women's accessible restroom facilities, including drinking fountains (hi-low) per CPC Section 412.3 and Table 4-1. The plumbing fixture calculations to be determined based on the Occupant Load Factor per Table A (see text on Minimum Plumbin Facilities . 25. Addressing. Address will be required on all B Occupancy doors leading to the exterior of the building. Addresses shall be illuminated and be able to be seen from the street, 5-in in hei ht minimum. 26. Air Conditioning Units. Air conditioning units B Occupancy and ventilation ducts shall be screened from public view with materials compatible to the main building. Units shall be permanently installed on concrete pads or other non- movable materials to be approved by the Building Official and Director of Community Develo ment. PUBLIC Wt}RKS 27. Clarifications and Changes to the PW Prior to Public Conditions. In the event that there needs to A royal of Works 11 of 16 be clarification to these Conditions of Approval, Improvement the Directors of Community Development and Plans Public Works have the authority to clarify the intent of these Conditions of Approval to the Applicant/Developer by a written document signed by the Directors of Community Development and Public Works and placed in the project file. The Directors also have the authority to make minor modifications to these conditions without going to a public hearing in order for the Applicant to fulfill needed improvements or mitigations resulting from im acts of this ro'ect. 28. Standard Public Works Conditions of PW Prior to Public Approval. Applicant/Developer shall comply Approval of Works with all applicable City of Dublin Public Works Improvement Standard Conditions of Approval. In the event Plans of a conflict between the Public Works Standard Conditions of Approval and these Conditions, these Conditions shall revail. 29. Hold Harmless/Indemnification. The PW Through Public Developer shall defend, indemnify, and hold completion of Works harmless the City of Dublin and its agents, Improvements officers, and employees from any claim, action, and or proceeding against the City of Dublin or its Occupancy of advisory agency, appeal board, Planning the Building Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City to the extend such actions are brought within the time period required by Government Code Section 66499.37 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. 30. Grading/Sitework Permit. All improvement PW Issuance of Public work must be performed per a Grading/Sitew Works Grading/Sitework Permit issued by the Public ork Permit Works Department. Said permit will be based on the final set of civil plans to be approved once all of the plan check comments have been resolved. Please refer to the handout titled Grading/Site Improvement Permit Application Instructions and attached a lication three 8-1/2" x 11" a es for more 12 of 16 information. The Applicant/Developer must fill in and return the applicant information contained on pages 2 and 3. The current cost of the permit is $10.00 due at the time of permit issuance, although the Applicant/Developer will be responsible for any ado ted increases to the fee amount. 31. Site Plan. On-site improvements shall be PW Issuance of Public designed in accordance with the approved Grading/Sitew Works project plans dated received by the Planning ork Permit Division on October 7, 2011. 32. Accessible Path of Travel. Applicant shall PW Issuance of Public provide an accessible path of travel/walkway Grading/Sitewo Works from the public sidewalk on village parkway to rk Permit the building entrance per California Building Code requirements. Said walkway shall be 4'- minimum wide. 33. Accessible Path Signage. Applicant shall PW Issuance of Public provide sign(s) that clearly indicates the Grading/Sitewo Works location of the accessible path provided to the rk Permit buildin . 34. Vehicle Parking. Applicant should repair any PW Occupancy Public distressed areas of pavement obstructing the Works path of travel. The parking spaces striping that is in poor condition shall be re-striped. All parking spaces shall be double striped using 4" white lines set approximately 2 feet apart according to City standards and §8.76.070 (A) 17 of the Dublin Municipal Code. All compact- sized parking spaces shall have the word "COMPACT" stenciled on the pavement within each space. 12"-wide concrete step-out curbs shall be constructed at each parking space where one or both sides abuts a landscaped area or lanter. 35. Site Accessibility Requirements. All parking PW Occupancy Public spaces for the disabled and other physical site Works improvements shall comply with current UBC Title 24 requirements and City of Dublin Standards for accessibili 36. Graffiti. The Applicant/Developer and/or PL, PW On-going Public building tenant(s) shall keep the site clear of Works graffiti vandalism on a regular and continuous basis. Graffiti resistant paint for the structures and film for windows or glass shall be used whenever ossible. 37. Signs and Pavement Markings. The PW Occupancy Public Applicant/Developer shall be responsible for Works the followin on-site traffic si ns and avement 13 of 16 markings: 1) R100B (disabled parking regulations sign) shall be updated at the driveway entrances to the site with amended text to read "...may be reclaimed at DUBLIN POLICE or by telephoning 833-6670". 2) Accessible parking signs and legends per State Title 24 requirements. 3) The word "Compact" shall be stenciled on the pavement surface within each compact parking space. 4) R1 "STOP" signs and pavement markings shall be installed at each drive aisles and drivewa s. 38. Occupancy Permit Requirements. Prior to PW Occupancy Public issuance of an Occupancy Permit, the physical Works condition of the project site shall meet minimum health and safety standards including, but not limited to the following: i. Lighting for the building and parking lot shall be adequate for safety and security. Exterior lighting shall be provided for building entrances/exits and pedestrian walkways. Security lighting shall be provided as required by Dublin Police. ii. All construction equipment, materials, or on-going work shall be separated from the public by use of fencing, barricades, caution ribbon, or other means reasonably approved by the City Engineer/Public Works Director. iii. All fire hydrants for the building shall be operable and easily accessible to City and ACFD personnel. iv. All site features designed to serve the disabled (i.e. H/C parking stalls, accessible walkways, signage) for the building shall be installed and fully functional. 39. Construction Hours. Construction and PW During Public grading operations shall be limited to week- Construction Works days (Monday through Friday) and non-City holidays between the hours of 7:30 a.m. and 5:00 .m. The A licant/Develo er ma 14 of 16 request permission to work on Saturdays and/or holidays between the hours of 8:30 am and 5:00 pm by submitting a request form to the City Engineer no later than 5:00 pm the prior Wednesday. Overtime inspection rates will a I for all Saturda and/or holida work. 40. Construction Noise Management Plan. PW During Public Developer shall prepare a Construction Noise Construction Works Management Plan, to be approved by the City and Grading Engineer and Community Development Activities Director, that identifies measures to be taken to minimize construction noise on surrounding developed properties. The Plan shall include hours of construction operation, use of mufflers on construction equipment, speed limit for construction traffic, haul routes and identify a noise monitor. Specific noise management measures shall be included in the ro'ect tans ands ecifications. 41. Damage/Repairs. The Applicant/Developer PW Occupancy Public shall be responsible for the repair of any Works damaged pavement, curb & gutter, sidewalk, or other public street facility resulting from construction activities associated with the develo ment of the ro'ect. 42. Fees. The Applicant shall pay all applicable PW Issuance of Public fees in effect at the time of building permit Building Works issuance, including, but not limited to: Planning Permit fees; Building fees; Dublin San Ramon Services District fees; Public Facilities fees; City of Dublin Fire fees; Noise Mitigation fees; Inclusionary Housing In-Lieu fees; Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; and any other fees as noted in the Develo ment A reement. 43. Pedestrian Walkway. The Applicant shall PW Issuance of Public install bollards to delineate the pedestrian Grading/ Works walkway from the parking lot. Sitework Permit POLICE 44. Non-Residential Security Ordinance. The PO Occupancy Police Applicant shall comply with all applicable City of and On-going Dublin Non-Residential Security Ordinance requirements. The Ordinance includes sections related to lighting within bathrooms, exterior li htin and exterior doors. 45. Labeling Doors. All interior doors leading to PO Occupancy Police classrooms, stora e, offices, etc shall be and On- oin 15 of 16 identified with lettering or signs to assist first res onders in an emer enc situation. 46. Security Lighting. Security lighting shall be PO Occupancy Police installed in all activit rooms. and On- oin 47. Emergency Response. To aid emergency PO Occupancy Police response, the Applicant shall develop a means and On-going of distinguishing between the two locations other than by address, e.g. "Combat Sports Academ I" and "Combat S orts Academ II". PASSED, APPROVED AND ADOPTED this 27t" day of March 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Planning Manager G:IPA#120101PLPA-2010-00030 Combat Sports Academy CUPIPC Meeting 03.27.121PC Reso.doc 16 of 16 G~~~ OF DU~~~ /// ~ ~1~ 1~~~~~ 04LIFOR~I~ DATE: TO: March 27, 2012 Planning Commission SUBJECT: PUBLIC HEARING: PLPA-2011-00026 Zoning Ordinance Amendment to Chapter 8.84 (Sign Regulations) Prepared By: Marnie R. Delgado, Senior Planner EXECUTIVE SUMMARY: In August 2011, Staff presented City-initiated amendments to the Dublin Zoning Ordinance, including Chapter 8.84 (Sign Regulations), to the Planning Commission. In October 2011, the City Council reviewed the proposed amendments and directed Staff to obtain input from the community on the proposed changes to the Sign Regulations Chapter. A Town Hall Meeting was held on February 9, 2012 and Staff obtained input from the community. Staff presented the feedback received from the community at the March 6, 2012 City Council meeting. The City Council directed Staff to modify the proposed amendments to change the amount of time that Temporary Promotional Signs are allowed to be displayed. The Planning Commission will review the proposed modification and make a recommendation to the City Council. RECOMMENDATION: Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the public hearing; 3) Take testimony from the public; 4) Close the public hearing and deliberate; and 5) Adopt a Resolution recommending that the City Council amend Chapter 8.84 (Sign Regulations) of the Zoning Ordinance to change the amount of time that Temporary Promotional Signs are allowed to be displayed. ~~~~ Submitted By Senior Planner L vi wed By Planning Manager COPIES TO: Applicant File ITEM NO.: • Page 1 of 4 G:IPA#120111PLPA-2011-00026 Zoning Ordinance Amendments, Update 11PC 03.27.121PCSR 03.27.12.doc STAFF REPORT PLANNING COMMISSION DESCRIPTION: Background Periodically, the City initiates amendments to the Zoning Ordinance to clarify, add or amend certain provisions to ensure that the Zoning Ordinance remains internally consistent and relevant to changes occurring in the community. At the August 23, 2011 Planning Commission meeting, Staff presented proposed amendments to various Chapters of the Zoning Ordinance including, Chapter 8.40 (Accessory Structures and Uses Regulations), Chapter 8.76 (Off-Street Parking and Loading Regulations), Chapter 8.84 (Sign Regulations), and Chapter 8.108 (Temporary Use Permit) and the Planning Commission adopted a Resolution recommending City Council adoption of the proposed amendments. At the October 4, 2011 City Council meeting, the City Council adopted the proposed Zoning Ordinance amendments with the exception of amendments to Chapter 8.84 (Sign Regulations). The City Council directed Staff to hold a Town Hall Meeting to obtain input from interested members of the community regarding the proposed amendments. At the December 20, 2011 City Council meeting, the City Council appointed Councilmembers Kasie Hildenbrand and Don Biddle to participate in the Town Hall Meeting. On February 9, 2011, a Town Hall Meeting was held at 6:30pm in the Regional Meeting Room. Five members of the public attended in addition to the two appointed Councilmembers and Staff. Staff presented the proposed amendments to the Sign Regulations and solicited feedback. At the March 6, 2012 City Council meeting, Staff presented the feedback received from the Town Hall Meeting (Attachment 1) and were directed to modify the amount of time that Temporary Promotional Signs are allowed to be displayed (Attachment 2). The City Council also directed Staff to return with a separate report on options to control the quality of temporary promotional signs. Staff is in the process of preparing that report. Pursuant to Government Code section 65857, the Planning Commission is being asked to review the proposed modification to the amendments previously reviewed by the Planning Commission on August 23, 2011 and to provide a recommendation to the City Council regarding the modification. ANALYSIS: Over the past five years, Chapter 8.84 (Sign Regulations) has been amended three times; all of the amendments were related to temporary promotional banners. In 2009, the City Council adopted a temporary modification to the Temporary Promotional Banner regulations to increase the number of days that banners were allowed to be displayed (from 15 days to 21 days} and to reduce the waiting period between banner displays (from 30 days to 21 days). This temporary modification was in effect for a one year period. In 2010, the City Council extended the temporary modification for another year and directed Staff to make the temporary modifications permanent. At the end of 2010, the City Council adopted an Ordinance making the temporary modifications permanent. At the February 9, 2012 Town Hall Meeting, a concern was raised about the amount of time that temporary promotional signs are allowed to be displayed noting that under the current regulations a banner could be displayed for up to 6 months a year and called into question whether it's an actual promotion being advertised. At the March 6, 2012 City Council meeting, Staff was directed to amend the display time for Temporary Promotional Signs to 3 weeks of display time with a 6 week waiting period between permits. This reduces the potential amount 2 of 4 of display time per year from 6 months to 4 months. The proposed modification would read as follows, with proposed modification in bold italics (the underlined text represents proposed amendments that the Planning Commission previously recommended that the City Council adopt): S. Temporary Promotional Signs. U~ to two (2) Temporary Promotional Signs are permitted pursuant to a Zoning Clearance and may be placed on site for a maximum of twenty-one (21) consecutive calendar days per permit when used for special promotional events or needs. A minimum waiting period of forty-two (42) consecutive calendar days between permits is required, with the exception of balloons as defined herein and temporary banners for apartment communities. A Banner Sign shall not be larger than 60 square feet in size and the sign shall not be located so that the sign is taller than the eave of the structure in which the business is located. One (1) temporary promotional sign may be displayed on a tenant's building frontage and one (1) temporary promotional sign may be displayed on the street frontage. If there is more than one street frontage, one (1) temporary promotional sign may be displayed on each street frontage (in lieu of the building frontage), up to two street frontages, if the signs are at least 200-feet apart. A corresponding amendment would also be made to Matrix B as follows, with the proposed modification in bold italics (the underlined text represents proposed amendments that the Planning Commission previously recommended that the City Council adopt): Sign Type Maximum Maximum Maximum Location Copy Additional Section Number of Height Area per Requirements Restrictions Regulations No. Signs Side in Sq. Ft. Temporary ~°rrtirz~mrg Per ~~°'r~rcvi:r'rg Only on site on Per Zoning Maximum of Promotional ~:~~ara~se: Zoning ~:leara~e: which Clearance. 21 consecutive Section Two 2 , Clearance. Banner business is calendar days 8.84.050.T One (1) on signs shall located and per permit; 42 a tenant not be shall not be consecutive larger than located so that calendar days building 60 square the sign is waiting period frontage feet. higher than between and one (1) the eave of the permits. on the structure in street which the frontage or business is two 2 on located. street frontages if more than one street frontage and signs are at least 200-feet apart. 3of4 CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLAN AND ZONING ORDINANCE: The proposed Zoning Ordinance Amendment is consistent with the Dublin General Plan and all applicable Specific Plans in that the General Plan and applicable Specific Plans include policies which support the development of commercial uses and the proposed Zoning Ordinance Amendment facilitates commercial development by bringing greater clarity and consistency to existing regulations related to signage. NOTICING REQUIREMENTS/PUBLIC OUTREACH: A Public Notice was published in the Valley Times and posted at several locations throughout the City. The Public Notice was also provided to all known Dublin-based sign companies, automobile/vehicle sales dealerships, Town Hall Meeting participants, and all parties who have expressed interest in this topic or requested such notice. The Staff Report for this public hearing was also made available on the City's website. ENVIRONMENTAL REVIEW: 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. Pursuant to the CEQA, Staff is recommending that the proposed Ordinance be found exempt from CEQA per CEQA Guidelines Section 15061(b)(3). Section 15061(b)(3) states that CEQA applies only to those projects that have the potential to cause a significant effect on the environment. The adoption of the proposed Ordinance is exempt from CEQA because the Ordinance does not, in itself, allow the construction of any building or structure, but it sets forth the regulations that shall be followed if and when a building or structure is proposed to be constructed or a site is proposed to be developed. This Ordinance of itself, therefore, has no potential for resulting in significant physical change in the environment, directly or ultimately. ATTACHMENTS: 1) March 6, 2011 City Council Staff Report, with attachments. 2) March 6, 2011 Draft City Council meeting minutes. 3) Resolution recommending that the City Council amend Chapter 8.84 (Sign Regulations) of the Zoning Ordinance to change the amount of time that Temporary Promotional Signs are allowed to be displayed. 4 of 4 ~~ or otie~ G n ~ '9'~'~~~ STAFF REPORT CITY CLERK ~'~\7~ ~ CITY COUNCIL File #450-20 O~LIFO~'~~ DATE: March 6, 2012 TO: Honorable Mayor and City Cou/n~~cilmembers FROM: Joni Pattillo, City Manager(~`~'~'~- ~~-~-~ SUBJECT: Zoning Ordinance Amendments to Chapter 8.84 (Sign Regulations), PLPA-2011-00026 Prepared by Marnie R. Delgado, Senior Planner EXECUTIVE SUMMARY: The. City Council will consider adopting amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) related to Chapter 8.84 (Sign Regulations). At the October 4, 2011 City Council meeting, Staff presented City-initiated amendments to the Sign Regulations chapter of the Dublin Zoning Ordinance. The City Council directed Staff to hold a Town Hall Meeting to obtain input from interested members of the community. The Town Hall Meeting was held on February 9, 2012. Staff will present the proposed Ordinance to the City Council and the feedback received from the Town Hall Meeting. FINANCIAL IMPACT: None. RECOMMENDATION: Staff recommends that the City Council: 1) R hearing; 3) Take testimony from the public; 4) C Waive the reading and introduce an Ordinance the Zoning Ordinance OR 6) Provide Staff with Regulations. -~---- Submitted By Director of Community Development eceive Staff presentation; 2) Open the public lose the public hearing and deliberate; and 5) amending Chapter 8.84 (Sign Regulations) of direction regarding amendments to the Sign Page 1 of 7 Reviewed By Assistant City Manager ITEM NO. 6.2 ATTACHMENT 1 DESCRIPTION: Background Periodically, the City initiates amendments to the Zoning Ordinance to clarify, add or amend certain provisions to ensure that the Zoning Ordinance remains internally consistent and relevant to changes occurring in the community. Over the past five years, Chapter 8.84 (Sign Regulations) has been amended three times; all of the amendments were related to temporary promotional banners. In 2009, the City Council adopted a temporary modification to the Temporary Promotional Banner regulations to increase the number of days that banners were allowed to be displayed (from 15 days to 21 days) and to reduce the waiting period between banner displays (from 30 days to 21 days). This temporary modification was in effect for a one year period. In 2010, the City Council extended the temporary modification for another year and directed Staff to make the temporary modifications permanent. At the end of 2010, the City Council adopted an Ordinance making the temporary modifications permanent. In February 2011, the City Council directed staff to prepare an informational report on the City's window sign regulations following a complaint by commercial property owners regarding the City's enforcement of the window sign regulations. The City Council received the report and no further action was taken. At the October 4, 2011 City Council meeting, Staff proposed amendments to various Chapters of the Zoning Ordinance including, Chapter 8.40 (Accessory Structures and Uses Regulations}, Chapter 8.76 (Off-Street Parking and Loading Regulations), Chapter 8.84 {Sign Regulations), and Chapter 8.108 (Temporary Use Permit) (Attachment 1). The City Council adopted the proposed amendments with the exception of Chapter 8.84 (Sign Regulations). The City Council directed Staff to hold a Town Hall Meeting to obtain input from interested members of the community regarding the proposed amendments to the Sign Regulations (Attachment 2): At the December 20, 2011 City Council meeting, the City Council appointed Councilmembers Kasie Hildenbrand and Don Biddle to participate in the Town Hall Meeting (Attachment 3). Town Hall Meeting On February 9, 2012, a Town Hall Meeting was held at 6:30 pm in the Regional Meeting Room. Five members of the public attended in addition to the two appointed Councilmembers and Staff. Staff presented the proposed amendments to the Sign Regulations and solicited feedback (Attachment 4). In addition to receiving comments on the proposed amendments, additional comments were provided regarding other aspects of the Sign Regulations chapter. Below is a description of each amendment and the feedback received from the meeting attendees. Matrix A Matrix A in Section 8.84.030 (Sign Approvals and Decisionmaker Authority by Zoning District) is proposed to be amended to include the new Downtown Dublin Zoning District. The Sign Types proposed in the Downtown Dublin Zoning District (DDZD) and the Decisionmaker Authority for those signs (i.e. Community Development Director, Zoning Administrator or Planning Commission) is proposed to be the same as what is currently allowed for the C-2 (General Commercial) Zoning District (see Attachment 5, pages 1-2). Page 2 of 7 Matrix A is also proposed to be amended to remove Open House signs and Window signs from the Sign Type column (see Attachment 5, page 2). Matrix A sets forth those signs which are subject to permits and Open House signs and Window signs are exempt from permits pursuant to Section 8.84.140 (Exempt Signs). Community Feedback None. Temporary Promotional Signs Section 8.84.050.S (Temporary Promotional Signs) is proposed to be amended to limit the number of banner signs that can be displayed at any one time to a maximum of two signs. One banner sign may be displayed on the tenant's building frontage and a second banner sign may be displayed on the street frontage. When a tenant has two street frontages, the tenant may display one banner sign on each street frontage in lieu of displaying a banner sign on the building frontage. However, only one banner sign would be allowed per street frontage and the banner signs must be placed a minimum of 200-feet apart (see Attachment 5, pages 2-4). Community Feedback Staff's proposal to limit the number of banner signs and regulate the spacing between banners was well received. 2. It was noted that, under the proposed amendment, multiple tenants could continue to display banner signs at the same time along a street frontage (alluding to the fact that sign clutter could continue even with the limit of two banner signs per tenant). 3. It was also noted that the amendment does not propose changes to the amount of time that banner signs can be displayed. The current regulation allows for a banner to be displayed for 21 days with a 21 day waiting period between permits. It was suggested that there be an 8 week waiting period between permits. 4. A concern was also raised regarding the quality of temporary promotional signs. It was suggested that there be some type of mechanism in place to ensure that signs are professionally done with certain materials and that hand lettering not be allowed. Seasonal Flags A new sign type is proposed to be added to allow for the display of seasonal flags. Anew definition of Flags -Seasonal would be added to Section 8.84.020 (Definitions) to read as follows (see Attachment 5, page 1): P. Flags -Seasonal. The term Flags -Seasonal shall mean a sign constructed of cloth, canvas or another light fabric with or without a rigid frame intended to be displayed for a limited period of time and/or changed on a regular basis to coincide with holidays or the four seasons of the year. Page 3 of 7 This proposed sign type would not require a permit and would be included in the current exemption for flags in Section 8.84.140 (Exempt Signs) and would read as follows (see Attachment 5, page 4): B. Flags. The flag or insignia of any charitable, educational, philanthropic, civic, professional or religious organization, or seasonal flags. Community Feedback The proposed definition of a Seasonal Flag does not define whether it is limited to specific seasons or holidays or whether it can be used for advertising purposes. It was suggested that seasonal flags be further defined including size, number displayed and method of attachment/display. Automobile Sales Flags A new sign type is proposed to be added regulating the display of flags on light poles at automobile/vehicle sales establishments. This proposed sign type would be allowed subject to approval of a Zoning Clearance in Commercial and Industrial Zoning Districts where automobile/vehicle sales is allowed (see Attachment 5, page 1, Matrix A). The following definition would be added to Section 8.84.020 (Definitions) (see Attachment 5, page 1): O. Flags -Automobi/eNehicle Sales. The term Flags -Automobile/ Vehicle Sales shall mean a sign constructed of cloth, canvas or another light fabric with or without a rigid frame intended to be displayed on a regular basis to advertise the business name. This proposed sign type would also be added to Section 8.84.050 (Signs Subject to Permits) and would be required to adhere to the following standards in order to obtain approval of a Zoning Clearance (see Attachment 5, pages 3-4): F. Flags - AutomobileNehicle Sales. Automobile/Vehic/e Sales Flags are permitted in those Zoning Districts where Automobile/Vehicle Sales are permitted subject to approval of a Zoning Clearance. Automobile/Vehicle Sales Flags are subject to the following: 7. Automobile/Vehic% Sa/es Flags shall be located on the site where the business being advertised is conducted. 2. The location of Automobile/Vehicle Sales Flags shall be limited to private property light poles and shall not extend above the top of the light pole. 3. The number of Automobile/Vehicle Sales Flags shall be limited to one (7) flag per light pole, up to one-half of a/I light poles located on the site. 4. Automobile/Vehicle Sales Flags shall be limited to a maximum of 20 square feet and maybe single sided or double sided. 5. Automobile/Vehic/e Sales Flags shall have a clearance of eight (8) feet above the ground and fourteen (74) feet above a driveway, alley or other vehicular access way. No flag shall project into a public right-of--way. Page 4 of 7 6. Automobile/Vehicle Sales Flags shall be maintained in good condition at all times. Any flag that is faded, torn or otherwise determined by the Community Development Director to not be in good condition shall be removed upon request and may be replaced subject to compliance with Section 8.84.050. F. Many of the City's auto dealerships already display flags on light poles; this amendment would provide standards to regulate the display of these flags. Staff worked with the auto dealerships and solicited input on the proposed standards. The auto dealerships were supportive of the proposed amendments and their input was taken into consideration in drafting the standards. Community Feedback The proposed definition is acceptable; however, a commenter felt that the amendment would allow too many flags to be displayed. The purpose and necessity of the flags was also questioned noting that, in neighboring jurisdictions, similar flags are not used by auto dealerships. If allowed, the commenter felt that it would be more appropriate to limit the number of flags to 1 for every 8 light poles and include a provision that would not allow the flags to be clustered in one location on the site. Other Sign Related Comments from the Town Hall Meetin Window Signs It was suggested that the amount of signage area allowed on windows be increased to 30% as it is a good tool for business owners. It was also suggested that consideration be given to opaque window signs which are see-through and non-promotional in nature. A-Frame Signs It was suggested that professionally done A-frame signs be allowed as a temporary promotional sign. Political Signs One resident who attended the meeting expressed concern about political .signage. The resident felt that the rules relating to political signage are not applied equally to everyone. She mentioned a sign at the post office that was later moved to the sidewalk after she complained about it. She felt that certain political signs do not come under any ordinances and felt they should. She stated that when she was running for public office she was not allowed to put her signs on public property, but others are permitted to put up offensive political signs. She also felt there was an ordinance that provides that political signs can only be displayed for 30 days before an election. She asked that the City Council look at the ordinance and ensure that it is applied fairly. Staff and the City Attorney have reviewed the issue regarding political signs. Chapter 8.84 of the Zoning Ordinance regulates "temporary political signs." These signs may be placed on private property only, provided that they are "removed within 10 calendar days following the election." (DMC § 8.84.140.) The term "temporary political sign" is defined to mean "a temporary sign identifying a political candidate or ballot measure." The definition, taken in conjunction with the requirement that these signs be removed after "the election", makes it clear Page5of7 that the intent of this definition is to address signs that are related to a particular political campaign (there is no requirement regarding how soon before an election these signs may be posted). Section 8.84.140 also provides that temporary political signs may not be placed in the public right-of-way. However, the sign mentioned at the town hall meeting does not fall within the Municipal Code definition, since it is directed at the President of the United States, but is not related to the President's 2012 campaign for reelection to that office.. That is, the sign is directed at the office-holder, rather than his candidacy, and is thus not a "temporary political sign." It is worth noting that City sidewalks area "traditional public forum," meaning that any regulation of expressive activities on sidewalks is subject to scrutiny to ensure that it is consistent with the First Amendment. It may be possible for the City to pursue modifications to the Municipal Code that would, at least in part, address this issue. However, given the significant First Amendment implications of regulating this kind of political speech, any such amendment would have to be carefully researched. Administrative Revisions to Draft Ordinance The draft Ordinance (Attachment 6) includes administrative revisions to ensure internal consistency within the Sign Regulations chapter. Those revisions include removing the word "holidays" from the new definition for seasonal flags; holiday decorations are currently regulated under Exempt Signs and adding them to seasonal flags would create an inconsistency within the Sign Regulations. Another administrative revision includes relocating the sign standards for Open House Signs and Window Signs from the section on Signs Subject to Permits to Exempt Signs to correspond with the changes proposed to Matrix A. CONCLUSION: Periodically, the City initiates amendments to the Zoning Ordinance to clarify, add or amend certain provisions to ensure that the Zoning Ordinance remains internally consistent and relevant to changes occurring in the community. At the October 4, 2011 City Council meeting Staff proposed amendments to various Chapters of the Zoning Ordinance including Chapter 8.84 (Sign Regulations). The City Council directed Staff to hold a Town Hall Meeting to obtain input from interested members of the community regarding the proposed amendments to the Sign Regulations. On February 9, 2011 a Town Hall Meeting was held and five members of the public attended in addition to the two appointed Councilmembers and Staff. Staff is asking the City Council to either waive the reading and introduce an Ordinance adopting amendments to Chapter 8.84 (Sign Regulations) in substantially the same form as presented at the October 4, 2011 City Council meeting or provide Staff with direction regarding amendments to the Sign Regulations. NOTICING REQUIREMENTS/PUBLIC OUTREACH: A Public Notice was published in the Valley Times and posted at several locations throughout the City. The Public Notice was also provided to all known Dublin-based sign companies, automobile/vehicle sales dealerships, Town Hall Meeting participants, and all parties who have expressed interest in this topic or requested such notice. The Staff Report for this public hearing was also made available on the City's website. Page 6 of 7 ENVIRONMENTAL REVIEW: 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. Pursuant to the CEQA, Staff is recommending that the proposed Ordinance be found exempt from CEQA per CEQA Guidelines Section 15061(b)(3). Section 15061(b)(3) states that CEQA applies only to those projects that have the potential to cause a significant effect on the environment. The adoption of the proposed Ordinance is exempt from CEQA because the Ordinance does not, in itself, allow the construction of any building or structure, but it sets forth the regulations that shall be followed if and when a building or structure is proposed to be constructed or a site is proposed to be developed. This Ordinance of itself, therefore, has no potential for resulting in significant physical change in the environment, directly or ultimately. ATTACHMENTS: 1. October 4, 2011 City Council Staff Report. 2. October 4, 2011 City Council Meeting Minutes. 3. December 20, 2011 City Council Meeting Minutes. 4. Town Hall Meeting Minutes of February 9, 2012. 5. Proposed Zoning Ordinance Amendments in Strikethrough/Underline. 6. Draft Ordinance amending Chapter 8.84 (Sign Regulations) of the Zoning Ordinance. Page 7 of 7 G~~~ OF Dp~l,2 /I/ ~ l O~~IFOR~~~ DATE: TO: STAFF REPORT CITY COUNCIL CITY CLERK File #450-30 October 4, 2011 Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager ~'`~~..: ~.~ SUBJECT: PUBLIC HEARING: Zoning Ordinance Amendments to Chapter 8.40 (Accessory Structures and Uses Regulations), Chapter 8.76 (Off-Street Parking and Loading Regulations}, Chapter 8.84 (Sign Regulations) and Chapter 8.108 (Temporary Use Permit), PLPA-2011-00026. Prepared by Mamie R. Delgado, Senior Planner EXECUTIVE SUMMARY: The City is initiating amendments to the Zoning Ordinance to bring greater clarity and consistency to existing regulations. Amendments are proposed to: Chapter 8.40 (Accessory Structures and Uses Regulations) as it relates to Eating and Drinking Establishments as an accessory use to retail sales; to Chapter 8.76 (Off-Street Parking and Loading Regulations) as it relates to tenant spaces with multiple functions and parking requirements for other Indoor Recreational Facilities not specifically listed in Section 8.76.080.D; to Chapter 8.84 (Sign Regulations) as it relates to flags, temporary promotional signs, and the regulation of signage in the Downtown Dublin Zoning District; and to Chapter 8.108 (Temporary Use Permit) as it relates to other temporary land uses not specifically defined and deviating from established development standards. FINANCIAL IMPACT: None. RECOMMENDATION: Staff recommends that the City Council: 1) Receive Staff presentation; 2) Open the public hearing; 3) Take testimony from the public; 4) Close the public hearing and deliberate; and 5) Waive the reading and introduce an Ordinance amending Chapter 8.40 (Accessory Structures and Uses Regulations), Chapter 8.76 (Off-Street Parking and Loading Regulations), Chapter 8.84 (Sign Regulations) and Chapter 8.108 (Temporary Use Permit) of the Zoning Ordinance. ,~ _...,._..Y._ Submitted By Director of Community Development Reviewed By Assistant City Manager Page 1 of 7 ITEM NO. 6.2 DESCRIPTION: Periodically, the City initiates amendments to the Zoning Ordinance to clarify, add or amend certain provisions to ensure that the Zoning Ordinance remains internally consistent and relevant to changes occurring in the community. Amendments to Chapter 8.40 (Accessory Structures and Uses Regulations), Chapter 8.76 (Off-Street Parking and Loading Regulations), Chapter 8.84 (Sign Regulations), and Chapter 8.108 (Temporary Use Permit) of the Zoning Ordinance are proposed and are outlined in further detail below. A strikethrough/underline version of the proposed Zoning Ordinance Amendments is included as Attachment 1. ANALYSIS: Chapter 8.40 (Accessory Structures and Uses Regulations) Section 8.04.060.E (Official Interpretations) of the Zoning Ordinance allows the Community Development Director to make official interpretations of the Zoning Ordinance when the applicability or meaning of any of the requirements of the Zoning Ordinance is unclear generally or as applied to a specific case. On June 10, 2011 the Community Development Director issued an official interpretation regarding Eating and Drinking Establishments as an accessory use to retail sales (Attachment 2). Section 8.04.060.E also requires, when the Community Development Director issues an official interpretation for an unclear provision of the Zoning Ordinance, that the unclear provision be corrected by amending the Zoning Ordinance as soon as practical. Section 8.40.030.G (Permitted Commercial and Industrial Accessory Uses) is proposed to be amended to add the following regulation (see Attachment 1, page 1): 8. Eating and Drinking Establishments. An Eating and Drinking Establishment incidental to retail sales in Commercial Zoning Districts where the Eating and Drinking Establishment, including food preparation areas and seating areas, is 70% or less of the entire tenant space. Chapter 8 76 (Off-Street Parking and Loading Regulations) Tenant Space with Multiple Functions The official interpretation issued by the Community Development Director on June 10, 2011 (see Attachment 2) also addressed an unclear provision in Section 8.76.040.M (Tenant Space with Multiple Functions). This section is proposed to be amended as follows (see Attachment 1, page 2): M. Tenant Space with Multiple Functions. When a tenant space contains several Use Types, the amount of parking to be provided shall be the total of that required by Section 8.76.080 for each Use Type, except as otherwise provided by Section 8.76.050 (Adjustment to the Number of Parking Spaces). 7. When a tenant space contains several Use Types for the exclusive use of those engaged in the primary use and not otherwise available to the Page 2 of 7 general public, the amount of parking to be provided shall be the total of that required by Section 8.76.080 for the primary Use Type. 2. When a tenant space contains permitted accessory uses pursuant to Section 8.40.030 (Accessory Uses), additional parking shall not be required. Off-Street Parking Table: Indoor Recreational Facilities Section 8.76.080 (Parking Requirements by Use Type) is also proposed to be amended as it relates to parking requirements for "Other" Indoor Recreational Facilities for which a parking requirement is not specifically listed. Currently, a Conditional Use Permit is required to establish a parking requirement for "Other" Indoor Recreational Facilities. The proposed amendment would change the process to a Minor Use Permit (see Attachment 1, page 2) consistent with the regulation of Indoor Recreational Facilities through the Minor Use Permit process and thus streamlining the permitting process. Chapter 8.84 (Sign Regulations Flags -Seasonal A new sign type is proposed to be added to the Sign Regulations Chapter to allow for the display of seasonal flags. Anew definition of Flags -Seasonal would be added to Section 8.84.020 (Definitions) of the Sign Regulations Chapter to read as follows (see Attachment 1, page 3): P. Flags -Seasonal. The term Flags -Seasonal shall mean a sign constructed of cloth, canvas or another light fabric with or without a rigid frame intended to be displayed for a limited period of time and/or changed on a regular basis to coincide with holidays or the four seasons of fhe year. This proposed sign type would be included in the current exemption for flags in Section 8.84.140 (Exempt Signs) and would not require a permit (see Attachment 1, page 6), as follows: B. Flags. The flag or insignia of any charitable, educational, philanthropic, civic, professional or religious organization, or seasonal flags. Flags -Automobile/Vehicle Sa/es A new sign type is proposed to be added to the Sign Regulations Chapter regulating the display of flags on light poles at automobile/vehicle sales establishments. This proposed sign type would be allowed subject to approval of a Zoning Clearance in Commercial and Industrial Zoning Districts where automobile/vehicles sales is permitted (see Attachment 1, page 3). The following definition would be added to Section 8.84.020 (Definitions) of the Sign Regulations Chapter (see Attachment 1, page 3): O. Flags - AutomobileNehicle Sales. The term Flags -Automobile/ Vehicle Sales shall mean a sign constructed of cloth, canvas or another Page 3 of 7 light fabric with or without a rigid frame intended to be displayed on a regular basis to advertise the business name. This proposed sign type would also be added to Section 8.84.050 (Signs Subject to Permits) and would be required to adhere to the following standards in order. to obtain approval of a Zoning Clearance (see Attachment 1, pages 5-6): F. Flags - Automobile/Vehicles Sales. Automobile/Vehicle Sales Flags are permitted in those Zoning Districts where Automobile/Vehicle Sales are permitted subject to approval of a Zoning Clearance. Automobile/Vehicle Sales Flags are subject to the following: 7. Automobile/Vehic% Sales Flags shall be located on the site where the business being advertised is conducted. 2. The location of Automobile/Vehicle Sales Flags shall be limited to private property light poles and shall not extend above the top of the light pole. 3. The number of Automobile/Vehicle Sales Flags shall be limited to one (1) flag per light pole, up to one-half of all light poles located on the site. 4. Automobile/Vehic% Sales Flags shall be limited to a maximum of 20 square feet and maybe single sided or double sided. 5. Automobile/Vehicle Sales Flags shall have a clearance of eight (8) feet above the ground and fourteen (74) feet above a driveway, alley or other vehicular access way. No flag shall project into a public right-of--way. 6. Automobile/Vehicle Sales Flags shall be maintained in good condition at all times. Any flag that is faded, torn or otherwise determined by the Community Development Director to not be in good condition shall be removed upon request and maybe replaced subject to compliance with Section 8.84.050.F. Many of the City's auto dealerships already display flags on light poles; this amendment would provide standards to regulate the display of these flags. Staff worked with the auto dealerships and solicited input on the proposed standards. The auto dealerships were supportive of the proposed amendments and their input was taken into consideration in drafting the standards. Temporary Promotional Signs The regulations pertaining to Section 8.84.050.S (Temporary Promotional Signs) are proposed to be amended to limit the number of signs that can be displayed at any one time to a maximum of two (2) signs. One sign may be displayed on the tenant's building frontage and a second sign may be displayed on the street frontage. In a situation where a tenant has two street frontages, the tenant may display an additional sign along the street frontage in lieu of their building frontage. However, only one (1) sign would be allowed per street frontage, up to two frontages and the signs must be a minimum of 200-feet apart. (See Attachment 1, pages 4-6). Downtown Dublin Zoning District Matrix A in Section 8.84.030 (Sign Approvals and Decisionmaker Authority by Zoning District) is proposed to be amended to include the new Downtown Dublin Zoning District. The sign types Page 4 of 7 allowed in the Downtown Dublin Zoning District (DDZD) and the Decisionmaker authority for those signs (i.e. Community Development Director, Zoning Administrator, and Planning Commission) is the same as what is allowed for the C-2 (General Commercial) Zoning District. (See Attachment 1, pages 3-4). Non-Substantive Changes to the Sign Regulations Matrix A in Section 8.84.030 (Sign Approvals and Decisionmaker Authority by Zoning District) is proposed to be amended to remove Open House signs and Window signs from the matrix (see Attachment 1, pages 3-4). Matrix A sets forth those signs which are subject to permits and Open House signs and Windows signs are exempt signs pursuant to Section 8.84.140 (Exempt Signs). Chapter 8.108 (Temporary Use Permit) The Temporary Use Permit Chapter of the Dublin Zoning Ordinance contains regulations and development standards for a variety of temporary land uses. A temporary land use that meets established development standards and is temporary in nature may be approved for a limited duration of time. The current Temporary Use Permit Chapter was adopted by City Council Ordinance 21-10 in November 2010 (Attachment 3) to provide greater flexibility in the establishment of temporary land uses. Anew category in Section 8.108.020 was created for Similar Uses and reads as follows: O. Similar Uses. A use that is, in the determination of the Community Development Director, similar to any of the specific uses contained in Section 8.108.020, temporary in nature, and is compatible with the surrounding area and the Zoning District in which the use is located. Such similar uses shall also be subject to any provisions applicable to the specific use contained in Section 8.108.020. The Similar Uses category requires that the temporary land use adhere to the provisions for the specific use that it is "similar" to including number of events, duration of events and all other development standards and regulations established for the specific use. The Temporary Use Permit Chapter does not address temporary land uses that are not specifically listed and are not similar to a specifically listed temporary land use. The proposed Zoning Ordinance Amendment would create a new "other" category with the following development standards (see Attachment 1, page 7): K. Other Temporary Uses. A temporary land use that is not otherwise defrned in Section 8.108.020 nor determined by the Community Development Director to be similar to any of the specific uses contained in Section 8.108.020, may be approved as a temporary use of land subject to the following conditions: 1. The use is temporary in nature and would not exceed 30 calendar days. 2. The use was not established by means of a Temporary Use Permit within the last six (6) months. Page 5 of 7 3. The hours of operation are between: 9 a.m. and 9 p.m. Monday through Friday; 9 a:m. and 71 p. m. Saturday; and 9 a.m. and 6 p.m. Sunday. Event set-up may begin no earlier than 8 a. m. Loudspeakers or amplified music shall be limited to between 70 a.m. and 9 p.m. Monday through Saturday. 4. The use would be compatible with the surrounding area and -the Zoning District in which it is located. 5. The use complies with the standard conditions established by the Community Development Director. A temporary land use that meets the above development standards would be processed through a Temporary Use Permit. Another proposed revision to the Temporary Use Permit chapter is to allow for deviations from established development standards through a Minor Use Permit process (see Attachment 1, page 7). Any temporary land use, including temporary land uses within the "other" category, that cannot meet an established development standard may apply for a Minor Use Permit. FINDINGS: The proposed Zoning Ordinance Amendments are consistent with the Dublin General Plan and all applicable Specific Plans in that the General Plan and applicable Specific Plans include policies which support the development of commercial uses and the proposed Zoning Ordinance Amendments facilitate commercial development by bringing greater clarity and consistency to existing commercial regulations related to accessory uses, parking, signage, and temporary land uses. PLANNING COMMISSION MEETING: At the August 23, 2011 Planning Commission meeting, the Planning Commission reviewed the proposed Zoning Ordinance Amendments. During the Public Hearing, four individuals spoke in opposition to the proposed Zoning Ordinance Amendments. They raised concerns regarding the proposed sign regulations, and concerns regarding the Amendments as they related to the Sahara Market appeal (Attachment 4). The Planning Commission received public testimony, deliberated and adopted Resolution 11-23 recommending City Council adoption of amendments to Chapter 8.40 (Accessory Structures and Uses Regulations), Chapter 8.76 (Off-Street Parking and Loading Regulations), Chapter 8.84 (Sign Regulations) and Chapter 8.108 (Temporary Use Permit) of the Zoning Ordinance (Attachment 5). CONCLUSION: Staff is recommending that the City Council waive the reading and introduce an Ordinance amending Chapter 8.40 (Accessory Structures and Uses Regulations), Chapter 8.76 (Off-Street Parking and Loading Regulations), Chapter 8.84 (Sign Regulations) and Chapter 8.108 (Temporary Use Permit) of the Zoning Ordinance (Attachment 6). The proposed amendments bring greater clarity and consistency to the existing regulations and address the needs of the community. Page 6 of 7 NOTICING REQUIREMENTS/PUBLIC OUTREACH: A Public Notice was published in the Valley Times and posted at several locations throughout the City. The Public Notice was provided to all persons who have expressed an interest in being notified of meetings and was also provided to alf automobile/vehicle dealers, and the individuals that addressed the Planning Commission on this item. The Staff Report for this public hearing was also made available on the City's website. The City has received one comment letter, with attachments, dated September 20, 2011 from a concerned Dublin resident regarding the regulation of signage throughout the City (Attachment 7). ENVIRONMENTAL REVIEW: 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. Pursuant to the CEQA, Staff is recommending that the proposed Ordinance be found exempt from CEQA per CEQA Guidelines Section 15061(b)(3). Section 15061(b)(3) states that CEQA applies only to those projects that have the potential to cause a significant effect on the environment. The adoption of the proposed Ordinance is exempt from CEQA because the Ordinance does not, in itself, allow the construction of any building or structure, but it sets forth the regulations that shall be followed if and when a building or structure is proposed to be constructed or a site is proposed to be developed. This Ordinance of itself, therefore, has no potential for resulting in significant physical change in the environment, directly or ultimately. ATTACHMENTS: 1. Proposed Zoning Ordinance Amendments in Strikethrough/Underline. 2. Community Development Director Determination and Interpretation Letter dated June 10, 2011. 3. City Council Ordinance 21-10. 4. Draft Planning Commission meeting minutes dated August 23, 2011. 5. Planning Commission Resolution recommending City Council adoption of amendments to Chapter 8.40, Chapter 8.76, Chapter 8.84 and Chapter 8.108 of the Zoning Ordinance. 6. Ordinance amending Chapter 8.40, Chapter 8.76, Chapter 8.84 and Chapter 8.108 of the Zoning Ordinance. 7. Letter from Bruce Fiedler dated September 21, 2011. Page 7 of 7 Chapter 8.40 Accessory Structures and Uses Regulations Section 8.40.030.G (Permitted Commercial and Industrial Accessory Uses) of Title 8 of the Dublin Municipal Code is hereby amended to add the following: 8. Eating and Drinking Establishments. An Eating and Drinking Establishment incidental to retail sales in Commercial Zoning Districts where the Eating and Drinking Establishment, including food preparation areas and seating areas, is 10% or less of the entire tenant space. 1 of 7 CHAPTER 8.76 OFF-STREET PARKING AND LOADING REGULATIONS Section 8.76.040.M (Tenant Space With Multiple Functions) of Title 8 of the Dublin Municipal Code is hereby amended as follows: M. Tenant Space With Multiple Functions. When a tenant space contains several Use Types, the amount of parking to be provided shall be the total of that required by Section 8.76.080 for each Use Tvpe except as otherwise provided by Section 8.76.050 (Adjustment to the Number of Parking Spaces). When a tenant space contains several Use Tvpes for the exclusive use of those engaged in the primary use and not otherwise available to the general public, the amount of parking to be provided shall be the total of that required by Section 8.76.080 for the primary Use Tvpe. 2. When a tenant space contains permitted accessory uses pursuant to Section 8.40.030 (Accessory Uses), additional parking shall not be required. Section 8.76.080.D (Commercial Use Types) of Title 8 of the Dublin Municipal Code is hereby amended as follows: COMMERCIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED Recreational Facility/Indoor Other Per Ck~ MUP 2of7 CHAPTER 8.84 SIGN REGULATIONS The following new definitions are hereby added to Section 8.84.020 (Definitions) of Title 8 of the Dublin Municipal Code to read as follows: O Flags AutomobileNehicle Sales The term Flags -AutomobileNehicle Sales shall mean a sign constructed of cloth canvas or another light fabric with or without a rigid frame intended to be displayed on a regular basis to advertise the business name. P Flags Seasonal The term Flags -Seasonal shall mean a sign constructed of cloth canvas or another light fabric with or without a rigid frame intended to be displayed for a limited period of time and/or changed on a regular basis to coincide with holidays or the four seasons of the year. Section 8.84.030 (Sign Approvals and Decisionmaker Authority by Zoning District) of Title 8 of the Dublin Municipal Code is hereby amended as follows: Matrix A Sign Approvals and Decisionmaker Authority by Zoning District R-1 R-2 DDZD M-P, M-1, Sign Type A , , R-M C-N C-O C-1 C-2 M-2 Awning F X ZC ZC ZC ZC ZC ZC Bulletin Board BP BP BP BP BP BP BP BP Coming Soon X X ZC ZC ZC ZC ZC ZC Community ID X ZC ZC ZC ZC ZC ZC ZC Electronic Readerboard X X CUP (PC) CUP (PC) CUP (PC) CUP (PC) CUP PC CUP (PC) Flags- Automobile/ X X ZC ZC ZC ZC ZC ZC Vehicle Sales Freestanding 20' or Less in Height ~ X ZC X BP BP BP BP Freestanding Greater than 20' in Height X X X X SDR SDR SDR SDR Grand Opening X X ZC ZC ZC ZC ZC ZC Identification** ZC/ SDR ZC/ SDR ZC/ SDR ZC/ SDR ZC/ SDR ZC/ SDR ZC/ SDR ZC/ SDR 3of7 Master Sign Program SDR X SDR SDR SDR SDR SDR SDR Office Building Master ID X X ZC ZC ZC ZC ZC ZC Off-Site Residential Development Directional BP BP BP BP BP BP BP BP Off-Site Temporary For Sale or Lease ~ X ZC ZC ZC ZC ZC ZC Ease ~/ Yt D°n~~ ~/ Y< ~/ Yt ~/ Yc ~/ Yc ~/ Yt Permanent Banner Sign X X X X MSP/ SDR MSP/ SDR MSP/ SDR MSP/ SDR Projecting Sign ~ X BP BP BP BP BP BP Service Station Display Structure X X ZC X ZC ZC ZC ZC Service Station Price Sign X X ZC X ZC ZC ZC ZC Special Easement F X ZC ZC ZC ZC ZC ZC Temporary Promotional (21 Days) X ZC'`'`* ZC ZC ZC ZC ZC ZC Tenant Directory X X BP BP BP BP BP BP Wall F X BP BP BP BP BP BP Wi~ew X X ~R ~R i~R ~R $R Section 8.84.040.6 (Matrix B, ,Sign Development Regulations) of Title 8 of the Dublin Municipal Code is hereby amended as follows: Sign Type Section No. Maximum Number of Signs Maximum Height Maximum Area per Side in Sq. Ft. Location Requirements Copy Restrictions Additional Regulations Flags - See See See Section See Section See Section See Section Automobile/ Section Section 8.84.050. F 8.84.050. F 8 84 050 F 8 84 050 F Vehicle Sales 8.84.050. F 8.84.050. F . . . . . . Temporary Rer Per D° O l it P Z Promotional ' Zonin ~'~° r ^ ~ n y on s e on hi h er oning Cl Maximum of Section 6learar~se- g Clearance. ~ w , Banner w c business is earance. 21 consecutive 4 of 7 8.84.050.T Two 2 . signs shall located and calendar days One (1) on not be larger shall not be per permit; 21 a tenant than 60 located so that consecutive buildin square feet. the sign is calendar day frontage higher than the waiting period and one eave of the between 1 on the structure in permits. street which the fronts a business is or two 2 located. on street frontages if more than one street frontage and signs Temporary are at Banners for least 200- Temporary Apartment Temporary feet apart. Banner for Communities Promotional Apartment shall be Banner for One (1) Communities allowed a Apartment which shall maximum of Section not exceed 90 days per 8.84.050.T 12 square calendar year feet. in any time configuration desired. Section 8.84.050 (Signs Subject to Permits) of Title 8 of the Dublin Municipal Code is hereby amended to add the following: F Flaps - AutomobileNehicles Sales. AutomobileNehicle Sales Flaps are permitted in those Zoning Districts where AutomobileNehicle Sales are permitted subiect to approval of a Zoning Clearance AutomobileNehicle Sales Flaps are subiect to the following: 1. AutomobileNehicle Sales Flags shall be located on the site where the business being advertised is conducted. 2. The location of AutomobileNehicle Sales Flaps shall be limited to private property light poles and shall not extend above the top of the light pole. 3. The number of AutomobileNehicle Sales Flaps shall be limited to one (1) flag per light pole up to one-half of all light poles located on the site. 4. AutomobileNehicle Sales Flags shall be limited to a maximum of 20 square feet and may be single sided or double sided. 5. AutomobileNehicle Sales Flaps shall have a clearance of eight (8) feet above the around and fourteen (14) feet above a driveway, alley or other vehicular access way. No flag shall project into a public right-of-way. 5 of 7 6. AutomobileNehicle Sales Flaps shall be maintained in good condition at all times. Anv flap that is faded, torn or otherwise determined by the Community Development Director to not be in good condition shall be removed upon re_guest and may be replaced subject to compliance with Section 8.84.050.F. S. Temporary Promotional Signs. Up to two (2) Temporary Promotional Sighs permitted pursuant to a Zoning Clearance and may be placed on site for a maximum of twenty- one (21) consecutive calendar days per permit when used for special promotional events or needs. A minimum waiting period of twenty-one (21) consecutive calendar days between permits is required, with the exception of balloons as defined herein and temporary banners for apartment communities. A Banner Sign shall not be larger than 60 square feet in size and the sign shall not be located so that the sign is taller than the eave of the structure in which the business is located. One (1) temporary promotional sign may be displayed on a tenant's building frontage and one (1) temporary promotional sign may be displayed on the street frontage. If there is more than one street frontage, one (1) temporary promotional sign may be displayed on each street frontage (in lieu of the building frontage), up to two street frontages if the signs are at least 200-feet apart. One (1) temporary banner for apartment communities is permitted pursuant to a Zoning Clearance and may be placed on site for a maximum of ten (10) consecutive calendar days per permit when used for special promotional events or needs. A minimum waiting period of twenty (20) consecutive calendar days between permits is required. In addition, the duration in which banners may be displayed is limited to a maximum duration of 90 days per calendar year. A temporary banner sign for apartment communities shall not be larger than 12 square feet (see Section 8.84.020.8 for definition of apartment communities). Any tethered or untethered balloon of greater than 15 inches in diameter shall be permitted only as a temporary promotional sign and subject to a permit. All balloons shall be tethered to the ground only with the bottom of the balloon on the ground and shall not be permitted to be attached to any structure or vehicle. No permit(s) singularly or cumulatively shall be issued that allows any temporary promotional signs that include balloons for more than 21 days per calendar year. Zoning clearance(s) may be issued for periods less than 15 days. Up to 4 searchlights, attached to function as a single unit, are permitted as a Temporary Promotional Sign pursuant to a Zoning Clearance. No permit(s) singularly or cumulatively shall. be issued that allows any temporary promotional sign(s) that include searchlights for more than 21 days per calendar year. Zoning clearance(s) may be issued for periods less than 15 days. Section 8.84.140 (Exempt Signs) of Title 8 of the Dublin Municipal Code is hereby amended as follows: B. Flags. The flag, or insignia of any charitable, educational, philanthropic, civic, professional or religious organization or seasonal flaps. 6 of 7 CHAPTER 8.108 TEMPORARY USE PERMITS Section 8.108.020 (Uses Permitted With A Temporary Use Permit) of Title 8 of the Dublin Municipal Code is hereby amended to add the following: K Other Temporary Uses A temporary land use that is not otherwise defined in Section 8 108 020 nor determined by the Community Development Director to be similar to any of the specific uses contained in Section 8 108.020 may be approved as a temporary use of land subject to the following conditions: 1. The use is temporary in nature and would not exceed 30 calendar days. 2. The use was not established by means of a Temporary Use Permit within the last six (6) months. 3. The hours of operation are between gam and 9pm Monday through Friday; gam and 11 pm Saturday' and gam and 6pm Sunday Event set-up may begin no earlier than Sam Loudspeakers or amplified music shall be limited to between 10am and 9pm Monday through Saturday. 4. The use would be compatible with the surrounding area and the Zoning District in which it is located. 5. The use complies with the standard conditions established by the Community Development Director. Section 8.108.024 (Minor Use Permit) of Title 8 of the Dublin Municipal Code is hereby added as follows: 8 108 024 Minor Use Permit A Minor Use Permit may be applied for to deviate from a standard for any temporary land use contained in Section 8.108.020. 7 of 7 ~~,~ of ~v~~ 19r ~ ~$2 `~~~~ 1~C~ June 10, 2011 CIT'S~ OF DUBLIN 100 Civic Plaza, Dublin, California 94568 Website: htt~://www.dublin.ca.gov Moe Yousoti & 5olaiman Safi Sahara Market 6783 Dubiin Boulevard Dublin, CA 94568 Brad Sanders 6787 Dublin Boulevard Dublin, CA 94568 Re: Community Development Director Determination regarding Section 8.7fi.040.M.2 (Small Tenant Space) and Interpretation regarding Section 8.40.030.G.6 as they relate to the proposed Sahara Market Expansion at 6783/8777 Dublin Boulevard Dear Mr. Yousofi, Mr. Safi and Mr. Sanders: In accordance with the provisions of the Dubiin zoning Ordinance the following determination and interpretation have been made regarding the proposed expansion of Sahara Market: Background Sahara Market is located at 6783 Dubiin Boulevard within a portion of the Dubiin City Center commercial center. Sahara Market is a retail store that sells groceries and is consistent with the definition for the "Retall- General" Use Type. In accordance with Section 8.76,080 (Parking Requirements by Use Type), a "Retail-General" Use Type requires 1 parking space for every 300 square feet of gross floor area. Sahara Market occupies a 3,317 square foot tenant space and requires 11 parking spaces. Proposed Expansion Sahara Market is proposing to expand their existing marke# by 2,400 square feet by adding a new office, enlarging the existing food preparation area, adding a check out counter and establishing a new seating area where customers can purchase prepared food for on-site consumption, similar to an "Eating and Drinking Establishment° Use Type. In accordance with Section 8,76,080 (Parking Requirements by Use Type), an "Eating and Drinking Establishment" Use Type requires 1 parking space for every 100 square feet of floor area accessible to customers and 1 parking space for every 300 square feet of floor area not accessible to customers. The Sahara Market expansion is 2,400 square feet and would require 21 parking spaces. Tenant Spaces with Multiple Functions The proposed expansion of Sahara Market includes two Use Types, "Retail-General" and °Eating and Drinking Establishment". Section 8.76.040.M (Tenant Space with Multiple i=unctions) se#s forth how parking is determined for a tenant space with multiple functions. A Large Tenant Space is required to be parked for each Area Code (925) • Ciiy Manager 833-6650 • City Council• 833-6850 • Personnel 833-6605 • Economic Development 833-6650 Finance 833-6640 • Public Wortcs/Enginesring 833-8630 • Parks & Community Services 833-6645 • Police 833-6870 Planning/Code Enforcement 833-8610 • Building Inspection 833-6620 • Fire Prevention Bureau 833-6606 Use Type whereas a Small Tenant Space is parked for the primary Use Type only. The Director of Community Development has the authority to determine whether a tenant space with multiple functions is a Large Tenant Space ar a Small Tenant Space. Chapter 8.76 does not provide a lot of guidance in distinguishing between a Large Tenant Space and a Small Tenant Space; therefore, Chapter 8.40 {Accessory Uses and Structures) was consulted. Section $.40.030.G {Permitted Commercial and Industrial Accessory Uses} identifies retail sales as an accessory use to wholesale sales in Industrial Zoning Districts when the retail sales space is 10% or less of the entire wholesale sales space, Ir-terprefation of an Accessary Use While Sahara Market is not a wholesale sales business and is not located in an Industrial Zoning Distric#, Section 8.40-.030.G.6 provides guidance regarding the size or intensity of accessory uses in similar situations. The Sahara Market expansion is a similar situation in that it is a retail market that woutd like to establish an accessory use (a restaurant) which is more Intense Phan the primary use (retail market). Therefore, the Community Development Director interprets that an accessory use to the Sahara Market may be up to 10% of the total tenant space. Defermfnafton as Smal! Tenant Space The Community Development Director has determined that the expanded Sahara Market is a Small Tenant Space, In accordance with Section 8.76.040.M, and shall be parked as a °Retaii-General" Use Type at 1 parking space for every 300 square feet of the gross floor area. The seating area and combined food preparation areas are an accessory use and the area of such uses shat[ not exceed 10% of the total square footage of the entire tenant space. The total square footage of the entire tenan# space is 5,517 square feet; a maximum of 10% of the tenant space, 552 square feet, may therefore be utilized for food preparation and customer seating as an accessory use to the retail market. As such, the entire tenant space would be parked at 1 par4cing space for every 300 square feet of building area and would require 18 parking spaces. If you have any questions please do not hesitate to contact me at {925) 833.6610. Very Truly Yours, Jeri am, AICP Community Development Director Cc. Jeff Baker, Planning Manager Marnie R. Waffle, Senior Planner Moe Yousofi, Sahara Market myousofi(a~amail.com Solaiman Safl, Sahara Market safisall2(a,yahoo.com Brad Sanders, farsandl(c~gmail.com Area Code {925} • Clty Manager 833-6650 • City Council 833-6650 • Personnel 833-6605 • Economic Development 833-6650 Finance 833-6640 • Public Works/Engineering 833-6630 • Parks & Community Services 833-6645 • Police 833-6670 Pianning/Code Enforcement 833-6610 • Building Inspection 833-6620 • Fire Prevention Bureau 833-6606 ORDINANCE NO. 21 - 10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING CHAPTER 8.108 (TEMPORARY USE PERMIT) OF THE ZONING ORDINANCE PLPA-2010-00045 WHEREAS, Staff has identified amendments to the Dublin Zoning Ordinance to modify the Temporary Use Permit Chapter of the Zoning Ordinance in order to permit a wider variety of temporary uses and to be more flexible on the location and duration of appropriate temporary uses; and WHEREAS, the Planning Commission did hold a properly noticed public hearing on this project on September 28, 2010 and adopted Resolution 10-46 recommending that the City Council approve amendments to Title 8 (Zoning Ordinance) of the Municipal Code; and WHEREAS, a properly noticed public hearing was held by the-City Council on October 19, 2010; and WHEREAS, pursuant to section 8.120.050.8 of the Dublin Municipal Code, the City Council hereby finds that the amendments to the Zoning Ordinance are consistent with the Dublin General Plan; and WHEREAS, the City Council did hear and use its independent judgment and consider all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows: Section 1: Compliance with. California Environmental Quality Act ("CEQA"): The City Council declares this ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15601(b) (3). Section 15601(b} (3) states that CEQA applies only to those projects that have the potential to cause a significant effect on the environment. This adoption of this ordinance is exempt from CEQA because the ordinance does not, in itself, allow the construction of any building or structure, but rather sets forth the regulations that shall be followed if and when a building or structure is proposed to be constructed or a site is proposed to be developed. Therefore, this ordinance of itself, has no potential for resulting in significant physical change in the environment, directly or ultimately. Section 2: Chapter 8.108 (Temporary Use Permit) of the Dublin Municipal Code is hereby amended to read as follows: Ord. No. 21-10. Adopted 1112,,0, icem a2 Page 1 of 7 CHAPTER 8.108 TEMPORARY USE PERMIT 8.108.010 Purpose. The purpose of this Chapter is to establish a procedure for approving minor temporary land uses that meet established development review standards and are acceptable because- of their temporary nature. The permitted minor temporary land uses are those specified in Section 8.108.020 and other temporary land uses determined to be similar by the Director of Community Development. Rev. Ord. 20-06 (November 2006) 8.108.020 Uses Permitted With A Temporary Use Permit. All Temporary Use Permits must conform to the following standards to be approved. No Temporary Use Permit may be renewed unless otherwise indicated by this Chapter: Rev. Ord. 17-99 (6/1/99) A. Arts and Crafts Fair. A temporary event offering for sale goods and merchandise which are handmade or hand-crafted items for sale by the original artist. Fairs may only be conducted when sponsored by a Dublin-based place of worship, school, neighborhood group, or non-profit non-restrictive civic or service organization. Each individual Arts and Crafts Fair shall be limited to a maximum of 3 consecutive days,- and no business may participate in more than 6 events during a one-year period, subject to standards established by the Director of Community Development. B. Automobile Dealership Promotional Tent Sales. A temporary event promoting auto sales. A Promotional Tent Sale shall be permitted subject to the following conditions: 1. The duration of Automobile Dealership Promotional Tent Sales for any one dealership shall be limited to a maximum of 70 days per calendar year. 2. Any single Promotional Tent Sale shall last no longer than 30 days. 3. The total square footage of all temporary tents utilized during an Automobile Dealership Promotional Tent Sale at an auto dealership site at any one time shall be no more than 2,000 square feet. 4. The location of temporary tents shall be subject to review and approval by the Planning Division, Building Division, Public Works Department. and Fire Prevention Bureau. 5. No advertising or logos are permitted on any temporary tent canopy. 6. No items shall be attached to any temporary tent. 7. Promotional Tent Sales shall be subject to standards established by the Director of Community Development. C. Automobile/Vehicle Storage Lots. An Automobile/Vehicle Storage Lot (as defined in Section 8.08.020, Definitions) may be permitted as a temporary land use in C-2, General Commercial zoning districts or comparable PD, Planned Development Zoning Districts, fora period not to exceed six consecutive months. The Director of Community Development or his/her designee may allow for one three-month extension upon written request, submitted at least 14 calendar days prior to the expiration of the permit. The written request must include a reason for the extension other than to simply continue the use. Once a permit has expired, it shall not be renewed. A minimum waiting period of one (1) continuous year between permits is required. The storage of vehicles shall be limited to those vehicles belonging to an established Dublin based business. The storage lot shall not be open to the public nor shall any sales transactions take place at Ord. No. 21-10, Adopted 11!2!10, Item a 2 Page 2 of 7 the approved storage lot location. A maximum of one temporary use permit shall be granted per location. For the purposes of this subdivision, "location" shall refer to an address, a parcel, or a shopping center, whichever is larger, as determined by the Director of Community Development. A temporary use permit shall be denied if it is determined that the AutomobileNehicle Storage Lot would eliminate parking required for another use pursuant to Chapter 8.76 of this Code. In no case shall an AutomobileNehicle Storage Lot be established within 100 feet of a heavily traveled roadway. Whether a roadway is heavily traveled shall be determined by the Director of Community Development. The establishment and operation of the use must comply with all standards developed by the Director of Community Development. D. Carnival. An event intended to serve a public need by providing a community service or special entertainment event for the Dublin community which is normally only provided as a temporary and/or seasonal activity. Each individual carnival event shall be limited to a maximum of 5 consecutive days, including setup and break down, and no business or sponsor may participate in more than 2 events during cone-year period, subject to standards established by the Director of Community Development. E. Christmas Tree Sales Lot. A Christmas Tree Sales Lots is permitted for a maximum of 60 days subject to standards established by the Director of Community Development. F. Construction-Related Temporary Uses. The following types of construction-related temporary uses may be permitted with approval of a Temporary Use Permit: 1. Temporary Construction Trailer. A Temporary Construction Trailer located on a development site and utilized during construction may be permitted subject to standards established by the Director of Community Development, on the same premises. 2. Temporary Storage Container. This use includes metal shipping containers used for the storage of materials. A temporary storage container associated with construction that meets all of the following conditions: a) Temporary storage container in conjunction with remodeling or reconstruction work at a project site with an active building permit and shall be located on the project site. For construction on a single parcel (not part of a larger development project), a Temporary Use Permit can be issued for a maximum of 90 days, with the option to renew at the Applicant's request if the project still has a valid building permit and substantial progress is being made towards completion of the project. The Applicant may request a 90-day extension but must provide proof of recent building inspections or other demonstration of progress. b) Container must be located on private property, and may not be located in the public right-of-way. c) Container must be located on a paved surface. d) Container may be located in the rear yard. e) No more than one container per residential parcel is permitted. f) Construction-Related Temporary Storage Containers shall be subject to standards established by the Director of Community Development. Ord. No. 21-10, Adopted 11/2/10. Item 4.2 Page 3 of 7 3. Construction Equipment Storage Yard. A construction equipment storage yard includes both storage containers and construction equipment associated with construction on a commercial, industrial, or residential project site subject to the standards established by the Director of Community Development, on the same premises. A construction equipment storage yard shall be located on the project site. G. Farmers Market. An event offering for sale produce, food items, and related goods and merchandise by certified growers authorized to sell directly to consumers,. Each individual Farmers Market shall be limited to one day per week subject to standards established by the Director of Community Development. H. Festival/Street Fair. Each individual Festival, Neighborhood/Place of Worship/School Festival, and Street Fair of a not-for-profit nature, shall be limited to a maximum of 2 consecutive days and shall not occur in the same location more than 2 times a year, subject to standards established by the Director of Community Development. I. Newspaper Recycling Bin. A single Newspaper Recycling Bin used for the deposit and collection of newspapers by the general public may be permitted for a period not to exceed one year subject to standards established by the Director of Community Development, if sponsored by a Dublin-based bona-fide church, school, neighborhood group, or by a Dublin-based non-profit, non-restrictive civic or service organization if it is located on the site of a lawfully existing principa{ use. This permit may be renewed by means of another Temporary Use Permit. J. Office Trailer -Commercial. Occupancy of a commercial office trailer during the period of construction or remodeling of a permanent commercial or industrial structure(s), for which a valid building permit is in force, in any Commercial or Industrial zoning district subject to standards established by the Director of Community Development. K. Outdoor Event by an Established Business. An Outdoor Event shall be limited to a maximum of 4 consecutive days. with a maximum of 2 such events during a calendar year. Outdoor Events are distinguishable from Outdoor Sales by Established Businesses in that Outdoor Events do not involve the commercial sale of merchandise, but are promotional in nature or for charitable or fundraising purposes. Examples of Outdoor Events by an Established Business include car shows hosted by non-auto oriented businesses or similar events. L. Outdoor Sales by an Established Business. Each individual Outdoor Sale by an Established Business shall be limited to a maximum of 4 consecutive days, with a maximum of 6 such events during a calendar year. A minimum waiting period of 3 consecutive calendar days between Temporary Use Permits is required. Each outdoor Sales event. by an established business shall be subject to standards established by the Director of Community Development. Rev. Ord. 20-06 (November 2006). Parking lot sales shall not utilize more than 10% of the required parking for the business. M. Outdoor Skating Rink. An outdoor skating rink may be permitted subject to the following conditions: 1. Maximum of 60 operational days per calendar year plus one week for setup and one week for removal. Ord. No. 21-10, Adopted 11/2!10. Item 4 2 Page 4 of 7 2. Outdoor skating rink shall not utilize more than 10% of the required parking for the business where the outdoor skating rink is located. 3. Outdoor skating rinks shall be subject to standards established by the Director of Community Development. N. Pumpkin Sales Lot. A Pumpkin Sales lot is permitted for a maximum of 60 days subject to standards established by the Director of Community Development. O. Similar Uses. A use that is; in the determination of the Community Development Director, similar to any of the specific uses contained in Section 8.108.020, temporary in nature, and are compatible with the surrounding area and the Zoning District in which the use is located. Such similar uses shall also be subject to any provisions applicable to the specific use contained in Section 8.108.020. P. Storage Container (Non-Residential). This use includes metal shipping containers used for the storage of materials: and does not include containers associated with construction or located in a Residential Zoning District. The permit may be for one container per business or parcel for no more than one year subject to standards established by the Director of Community Development and may be renewed by means of another Temporary Use Permit. Letters must be submitted certifying that the Alameda County Department of Environmental Health, the Alameda County Fire Department and appropriate City Departments have given approval of the materials stored and the methods used before the permit will be issued. Q. Storage Container (Residential}. This use includes metal shipping containers used for the storage of materials, and does not include containers associated with construction. A Temporary Storage Container may be permitted for a maximum time period of 30 days per calendar year if used for the purposes of storing materials relating to home improvement projects that do not require a building permit. This Temporary Use Permit is subject to the following conditions: a. Container must be located on private property. and may not be located in the public right-of-way. b. Container must be located on a paved surface. c. Container may be located in the rear yard. d. No more than one container per residential parcel is permitted. e. Construction-Related Temporary Storage Containers shall be subject to standards established by the Director of Community Development. R. Temporary Mobile Home/Manufactured Home. Occupancy of a Mobile Home/Manufactured Home during the period of construction of permanent living quarters for which a valid building permit is in force, on the same premises, subject to standards established by the Director of Community Development in any Agriculture or Residential zoning district. S. Tract and Sales Office/Model Hvme Complex. This use includes tract and sales offices and model home complexes within approved developments, and accessory signs, landscaping, and parking facilities. This temporary use is in effect during the period of construction and original sale of the buildings or lots in a new development subject to standards established by the Director of Community Development. Ord. No. 21-10, Adopted 11!2/10.. Item 4.2 Page 5 of 7 8.108.022 Type of Temporary. Use Permits: Major and Minor A. Major Temporary Use Permit. Any Applicant seeking a Temporary Use Permit for any temporary use listed in Section 8.108.020 that, due to its size, location, or hours of operation, requires City of Dublin Staff to be on site during the event or duration of the temporary use, to monitor the event in some way, or to conduct inspections not covered through another permit shall be required to obtain a Major Temporary Use Permit. Examples of temporary uses requiring a Major Temporary Use Permit include an event which draws so many participants that lanes of traffic are closed and safety personnel are required to be on hand to direct traffic into parking areas. B. Minor Temporary Use Permit. Ail other types of Temporary Uses listed in Section 8.108.020 shall be required to obtain a Minor Temporary Use Permit. 8.108.030 Application. The Applicant shall submit a complete application pursuant to Chapter 8.124, Applications, Fees and Deposits, accompanied by a fee, written description of the proposed temporary use with hours and duration of operation, the written authorization by the property owner, and a diagram of the proposed temporary use (including pedestrian and automobile circulation) and other information as may be required by the Director of Community Development. The Director of Community Development will determine whether the Temporary Use Permit is majcr or mind for the purposes of fee payment. 8.108.040 Approval. The Director of Community Development or his/her .designee may approve a Temporary Use Permit upon finding that the project meets all standards established by the Director of Community Development for that permit, including but not limited to, compliance with applicable requirements of the State of California, review and approval by City Departments, compliance with other local codes and ordinances; and meets the requirements of this Title on forms approved by the Director of Community Development. 8.108.050 Expiration Of Temporary Use Permit. A Temporary Use Permit shall expire upon the date shown on the stamped approved diagram and/or written statement accompanying the application. Section 3: Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words, or parts thereof of the ordinance or their applicability to other persons or circumstances. Section 4: Effective Date. This Ordinance shall lake effect and be in force thirty (30) days from and after the date of its final adoption. Ord. No. 21-10, Adopted 11/2!10.. Item 4.2 Page 6 of 7 Section 5: Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 39633 of the Government Code of California. PASSED, APPROVED, AND ADOPTED BYthe City Council of the City of Dublin on this 2"d day of November 2010, by the following votes: AYES: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None ti J,W-- Mayor ATTEST: ~` ~~~1/t'~1 City Clerk Ord. No. 21-10, Adopted 11/2/10, Item 4.2 Page 7 of 7 DRAFT Planning Commission Minutes Tuesday, August 23, 2011 CALL TO ORDER/ROLL CALL DRAFT A regular meeting of the City of Dublin Planning Commission was held on Tuesday, August 23, 2011, in the City Council Chambers located at 100 Civic Plaza. Chair Brown called the meeting to order at 7:01:32 PM Present: Chair Brown; Vice Chair Wehrenberg; Commissioners O'Keefe and Bhuthimethee; Jeff Baker, Planning Manager; Kit Faubion, City Attorney; Marnie Waffle, Senior Planner; and Taryn Bozzo, Recording Secretary. Absent: Commissioner Schaub ADDITIONS OR REVISIONS TO THE AGENDA -NONE MINUTES OF PREVIOUS MEETINGS - On a motion by Vice Chair Wehrenberg, seconded by Cm. Bhuthimethee the minutes of the August 9, 2011 meeting were approved. ORAL COMMUNICATIONS -NONE CONSENT CALENDAR -NONE WRITTEN COMMUNICATIONS -NONE PUBLIC HEARINGS - 8.1 PLPA-2011-00026 Zoning Ordinance Amendments to Chapter 8.40 (Accessory Structures and Uses Regulations), Chapter 8.76 (Off-Street Parking and Loading Regulations), Chapter 8.84 (Sign Regulations) and Chapter 8.108 (Temporary Use Permit) Marnie Waffle, Senior Planner presented the project as outlined in the Staff Report. Jeff Baker, Planning Manager stated that there is supplemental information for the Planning Commission in the form of an SB 343 sheet with an email from Brad Sanders, a property owner in Dublin. He stated that Mr. Sanders provided more information on the dais in the form of Exhibits to his email for each Commissioner to view. Vice Chair Wehrenberg asked if Staff has experienced issues with seasonal flags. Ms. Waffle stated that there have not been issues; however, Staff has experienced an increase in requests from various shopping centers to display such signage. She stated that the City does not currently have any provisions that would allow seasonal flags. Vice Chair Wehrenberg asked if Staff included a display timeframe in the regulations, as far as how long the seasonal flags may be displayed. 2'fanxmg C~+u++s's+~ August 23, 2011 2j~gu~ur ~Vteetmg 106 DRAFT DRAFT Mr. Baker replied that no specific timeframe was included as the flags are intended to be seasonal in nature and/or reflect the holidays. Vice Chair Wehrenberg stated that she would like to consider including a display timeframe as flags for certain seasons maybe displayed prematurely. Vice Chair Wehrenberg asked if window film with graphics needs to be addressed in the amendment to Chapter 8.84, Sign Regulations as it is becoming more popular with businesses. Mr. Baker clarified that the Regulations currently allow 25% window coverage. He stated that City Council reviewed what the City currently provides for window coverage regulations in June, 2011 and did not make any modifications to the current policy. Chair Brown confirmed that Vice Chair Wehrenberg wants to consider having a specific display timeframe for seasonal flags. Cm. Bhuthimethee asked if the City is regulating the colors of signage, like day-glow or neon colors, specifically for window coverings. Ms. Waffle replied no. Cm. O'Keefe asked, in regards to amending Chapter 8.40, if there was a discussion regarding what percentage of an existing food preparation area would be allocated towards a new use if a grocery market wanted to expand and include a seating area. Ms. Waffle replied that the proposed amendment does not distinguish between new or existing food preparation areas and includes seating and food preparation areas as a whole. Mr. Baker confirmed that Staff has not distinguished between existing and new food preparation areas. He stated that restaurants typically have both seating and food preparation areas and the intent of the Regulation is to assist in determining parking requirements. Mr. Baker clarified that if the seating and food preparation areas, combined, occupy less than 10% of the entire tenant space, it would be considered an Accessory Use and not require additional parking; however, if it occupies more than 10% of the entire tenant space, then the seating area requires Restaurant use parking at 1 per 100 square feet of seating area, and the food preparation area requires Retail use parking at 1 per 300 square feet. Chair Brown confirmed with Ms. Waffle that Temporary Promotional Signs are currently allowed to be displayed for 21 days then have to be removed for 21 days. Chair Brown asked if Staff regulates the content of the temporary signs displayed. Mr. Baker replied no. He clarified that, currently, the Regulations do not restrict the number of temporary signs a business can have and the intent of the proposed amendment is to limit the number of temporary signs a business is allowed to display at one time. Vice Chair Wehrenberg asked if Temporary Promotional Sign applicants have to submit an example of the signage they are displaying when applying for a permit, specifically referring to the colors they are using. ~n~g CO°"'n" 'SO1 August 23, 2011 Ijggulas SYfeeting 107 DRAFT DRAFT Mr. Baker replied that the City does not currently regulate content in colors, specifically. He clarified that the seasonal flags, as it's currently proposed, would not require a permit as long as the standards are met. He further clarified that window signs do not currently require a permit. Chair Brown opened the public hearing. Bruce Fiedler, Dublin resident, spoke in opposition of the Zoning Ordinance Amendments. Mr. Fiedler presented materials for the Commission's review such as the minutes from the 1999 Vehicle Dealership Signage Committee meeting; photos of businesses that had what they consider to be extensive and/or day-glow window signs; a chart that lists the effects he believes the Amendments would have if adopted; and a 16 square-foot item to show the approximate maximum size of Temporary Promotional Sign. Mr. Fiedler stated that, in regards to flags being allowed for AutomobileNehicle Sales, he feels there are several other businesses within the City that may want the same option. Kit Faubion, City Attorney, briefly described the handout given to the Planning Commission by Mr. Fiedler, stating that the handout appears to have a number of questions that Mr. Fiedler intends to raise regarding signage; a tally of light posts, plus or minus a few, in the Dublin Automotive Sales locations; comments on the results of the proposed Ordinance amendments; and Dublin Non-Auto Sales Businesses which might want more signs. Mr. Fiedler stated that he feels the City of Dublin will do well to have appropriate regulations of what sometimes appears to be commercial graffiti. He further stated that, regarding Automotive Sales, a local Mercedes Benz dealership does not post any flags for advertisement and still remains successful in their sales. The Commission reviewed the materials and had no questions Jay Fink, Sahara Market, stated that he feels the proposed Amendments should be deferred until Sahara Market's appeal is settled. He stated that he believes the proposed Amendments were initiated. because of the June 10, 2011 determination letter by the Community Development Director which is currently on appeal. He further stated that if the Amendments are adopted, he feels the Commission. would not have the benefit of hearing the appeal arguments as new Regulations would be in effect and he would then have to argue the new Regulations which is unfair. Mr. Fink read a prepared statement indicating the proposed Amendments would create more confusion and less consistency. He stated that the Eating and Drinking Establishments should not include the food preparation area as it would be difficult to determine what a food preparation area is, specifically for grocery markets. He further stated that he feels 10% for an Accessory Use is restrictive and he has found that most cities allow at least 25% for an Accessory Use. Vice Chair Wehrenberg clarified that when Sahara Market asked for a continuance at the August 9, 2011 Planning Commission meeting, they risked these Amendments being adopted before their appeal was settled. ~P(annmg C~+s'~ August 23, 2011 ~gu(arSVfeeting 108 DRAFT DRAFT Moe Yousofi, Sahara Market, spoke in opposition to the Zoning Ordinance Amendments. Mr. Yousofi agreed with Mr. Fink, stating that the proposed Amendments should be deferred until Sahara Market's appeal is settled. He stated that if the Amendments are adopted, he feels the food preparation area should be omitted from the requirements. The Commission had no questions. Brad Sanders, landlord for Sahara Market, spoke in opposition to the Zoning Ordinance Amendments. Mr. Sanders agreed that the proposed Amendments should be deferred until Sahara Market's appeal is settled. He stated that he and the City have agreed to try and work out the issues regarding the appeal but is upset that he was not notified about the hearing regarding the Amendments. He further stated that the Amendments were initiated by Sahara Market's determination letter which had no initial findings, no analysis and no justifications. Mr. Sanders stated that the 10% requirement for seating and food preparation areas has no basis of findings. He stated that if the Amendments are adopted, he feels the food preparation area should be omitted from the requirements. The Commission had no questions. Chair Brown closed the public hearing. Cm. Bhuthimethee asked, regarding amending Chapter 8.84, if colors for signs would be regulated and why Staff has not included such regulations. Mr. Baker stated that the City does not currently regulate colors of signs because of certain First Amendment issues related to the content of signs. He further stated that the Ordinance does discourage the use of white acrylic panel because of discoloration over time. Cm. Bhuthimethee asked if the Ordinance could discourage the use of day-glow or neon colors. Ms. Faubion stated that regulating content and colors of signs can initiate issues with a business's trademark and the City cannot regulate trademarks. She stated that regulating content and colors of signs would be difficult to navigate without running into First Amendment Rights. She further stated that she believes discouraging the white acrylic panel is a glare issue. Cm. Bhuthimethee stated that some would argue that day-glow or neon colors would cause a glare issue as well. Ms. Waffle clarified that the discouragement of the white acrylic panel refers to background color for signage and is only discouraged when a sign is illuminated. Vice Chair Wehrenberg stated that, in response to Mr. Fiedler, the City of Dublin adopted the Master Sign Program to answer most of his larger questions. She stated that she feels it is a good thing to include the restrictions being proposed. Vice Chair Wehrenberg confirmed with Mr. Baker that LCD/LED electronic signs are currently restricted and only allowed by applying for a Conditional Use Permit. Mr. Baker confirmed that 2'(annmg Corrsmissum August 23, 2011 ~ggularrryteeting 109 DRAFT DRAFT Staff is not currently proposing any amendments to the regulations regarding LCD/LED electronic signs. Vice Chair Wehrenberg stated that she takes no issue with the Amendments, except wanting to have a display timeline for seasonal flags. She clarified that she would look to Staff for direction on implementing such a timeline. Vice Chair Wehrenberg stated that, regarding the food preparation area, a restaurant is a type of use and the food preparation area would be shown on plans in the planning stages; therefore, it should be included in the Regulations. She stated that some of the documentation provided by Mr. Sanders did not seem applicable based on the particular City's rules and the project being referred to. She further stated that she feels there is more discussion that needs to be had between Staff and the Applicant to ensure that the Applicant understands the process required to try and work out issues. Cm. O'Keefe agreed that more discussion needs to be had between Sahara Market and Staff. He asked if Staff could clarify regarding Mr. Sanders not being notified about the hearing regarding the Amendments being proposed. Mr. Baker replied that Mr. Sanders was made aware of the hearing during negotiations that occurred before the August 9, 2011 Planning Commission meeting. He stated that the City's ultimate goal is to have Sahara Market open as soon as possible, however, their opening is being held up by issues that the Property Owner has with the use of his property and how parking is determined. He clarified that the City is trying to find a global solution that would resolve the Property Owner's issues and allow Sahara Market to open quickly. Mr. Baker clarified that the proposed Amendments are part of that solution and the City is working to streamline the process as much as possible. He stated that this solution and the proposed Amendments and current Planning Commission meeting were discussed and agreed to with Mr. Sanders. Cm. O'Keefe asked why Staff did not provide more clarification in the proposed Amendments regarding existing food preparation areas versus new food preparation areas. Mr. Baker replied that the City is trying to create a standard to address parking for a tenant space that contains more than one use. He stated that a business expanding to include a restaurant requires seating and food preparation; therefore, more parking is needed to accommodate the increased demand. Mr. Baker reiterated that if an Accessory Use has less than 10% occupancy of seating and food preparation area, the parking would not be affected; however, if that use is more than 10%, it would not be considered an Accessory Use and the seating area would require 1 parking space per 100 square feet, similar to a Restaurant, and the food preparation area would require 1 parking space per 300 square feet, similar to Retail. Cm. O'Keefe stated that he understands an Eating and Drinking Establishment increasing the intensity use and, therefore, requiring more parking. Cm. Bhuthimethee stated that she feels there are some establishments where food preparation areas should be included in the 10% Accessory Use requirement, such as a hardware store adding a restaurant component; however, it should be different for a use such as a grocery store cPfanning C~ August 23, 2011 2j~gu(ar SFteetittg 110 DRAFT DRAFT which would have food preparation areas but no seating. She stated that she does not feel food preparation areas should be included in the 10%. Cm. O'Keefe stated that he does not feel food preparation areas should be excluded completely as sometimes the food preparation area already exists. Vice Chair Wehrenberg stated that a food preparation area is an element that every restaurant has, therefore it needs to be included. She stated that she feels it would add more confusion in the future if it was not included. She clarified that the component of a use changes when seating is added. She stated that once a seating area is added, the parking ratio gets adjusted because you are allowing for more customers. Chair Brown stated that he finds the Amendments to bring more clarity and consistency to the existing Regulations. He stated that he feels it addresses the needs of the community and would like to see Sahara Market open quickly and prove successful. He further stated that he believes the Amendments help to promote and satisfy the ultimate solution for Sahara Market as well as provide solutions for future businesses. Chair Brown stated that he did not feel any changes needed to be made to the Amendments aside from Vice Chair Wehrenberg's request for a display timeline for seasonal flags Mr. Baker stated that, as proposed, seasonal flags would be exempt from permitting. He stated that if the Commission wished to regulate a display timeframe, Staff would recommend that the seasonal flags be subject to something similar of a Temporary Promotional Sign permit to ensure that Staff is aware of the display and how long it is displayed. Vice Chair Wehrenberg stated that she does not wish to make the process more difficult for businesses and is willing to strike the request for a display timeline. Chair Brown concurred with Vice Chair Wehrenberg. On a motion by Vice Chair Wehrenberg and seconded by Cm. O'Keefe, on a vote of 4-0-1, with Cm. Schaub being absent, the Planning Commission unanimously adopted RESOLUTION NO. 11-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL ADOPTION OF AMENDMENTS TO CHAPTER 8.40 (ACCESSORY STRUCTURES AND USES REGULATIONS), CHAPTER 8.76 (OFF-STREET PARKING AND LOADING REGULATIONS), CHAPTER 8.84 (SIGN REGULATIONS), AND CHAPTER 8.108 (TEMPORARY USE PERMIT) OF THE ZONING ORDINANCE CITY-WIDE PLPA-2011-00026 ~1'(anning Commirsiors August 23, 2011 ~gu(ar Meeting 111 DRAFT DRAFT 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 All 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 ~P(annirtg Corr~issum August 23, 2011 4j~gu(ar Meeting 112 DRAFT DRAFT 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 Sierra 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. 2'(annmg Commission August 23, 2011 I~ggu(ar Meeting 113 DRAFT DRAFT Cm. O'Keefe stated that he understand the spirit of the original General Plan and agrees that there has to be regulation for 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 will 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 Plan, 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 stated 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. 4'lannrng C~++s~ August 23, 2011 ~gu(ar `~Vteeting 114 DRAFT DRAFT 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 BUILDING AT 6958 SIERRA COURT PLPA 2011-00020 (APN 941-2576-006) Mr. Baker reminded the Applicant that there is a ten-day appeal period. NEW OR UNFINISHED BUSINESS - Mr. Baker advised the Commission that a new Assistant Planner, Seth Adams, was hired and will start on Monday, August 29, 2011. Mr. Baker confirmed with the Commission that there are currently no agenda items for the September 13, 2011 meeting so the next Planning Commission meeting is scheduled for September 27, 2011. OTHER BUSINESS -NONE 10.1 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). ~'(annuig Cession August 23, 2011 ~gu(as 9Keeting 115 DRAFT DRAFT ADJOURNMENT -The meeting was adjourned at 8:50:02 PM p.m. Respectfully submitted, Alan Brown Chair Planning Commission ATTEST: Jeff Baker Planning Manager G:IM/NUTES120111PLANN/NG COMMISSION108.23.11 DRAFT PC Minutes.doc Planning C~ August 23, 2011 ~galar Meeting 116 RESOLUTION NO. 11-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL ADOPTION OF AMENDMENTS TO CHAPTER 8.40 (ACCESSORY STRUCTURES AND USES REGULATIONS), CHAPTER 8.76 (OFF-STREET PARKING AND LOADING REGULATIONS), CHAPTER 8.84 (SIGN REGULATIONS), AND CHAPTER 8.108 (TEMPORARY USE PERMIT) OF THE ZONING ORDINANCE CITY-WIDE PLPA-2011-00026 WHEREAS, the City is initiating amendments to the Zoning Ordinance to bring greater clarity and consistency to existing regulations; and WHEREAS, amendments are proposed to Chapter 8.40 (Accessory Structures and Uses Regulations) as it relates to Eating and Drinking Establishments as an accessory use to retail sales; and WHEREAS, amendments are proposed to Chapter 8.76 (Off-Street Parking and Loading Regulations) as it relates to tenant spaces with multiple functions and parking requirements for other Indoor Recreational Facilities not specifically listed in Section 8.76.080. D; and WHEREAS, amendments are proposed to Chapter 8.84 (Sign Regulations) as it relates to flags, temporary promotional signs, and the regulation of signage in the Downtown Dublin Zoning District; and WHEREAS, amendments are proposed to Chapter 8.108 (Temporary Use Permit) as it relates to other temporary land uses not specifically defined and deviating from established development standards; and WHEREAS, the California Environmental Quality Act (CEQA), together with State Guidelines and City Environmental Regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, pursuant to the CEQA, Staff is recommending that the proposed Ordinance be found exempt from CEQA per CEQA Guidelines Section 15061(b)(3). Section 15061(b)(3) states that CEQA applies only to those projects that have the potential to cause a significant effect on the environment. The adoption of the proposed Ordinance is exempt from CEQA because the Ordinance does not, in itself, allow the construction of any building or structure, but it sets forth the regulations that shall be followed if and when a building or structure is proposed to be constructed or a site is proposed to be developed. This Ordinance of itself, therefore, has no potential for resulting in significant physical change in the environment, directly or ultimately; and WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission recommending City Council approval of the proposed Zoning Ordinance Amendments; and 1 of 2 WHEREAS, the Planning Commission held a public hearing on said application on August 23, 2011; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project. NOW THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission, for the reasons discussed in the staff report and based on the findings in the attached draft Ordinance, recommends that the City Council adopt the Ordinance attached as Exhibit A and incorporated herein by reference. PASSED, APPROVED AND ADOPTED this 23rd day of August 2011 by the following vote: AYES: Brown, Wehrenberg, Bhuthimethee, O'Keefe NOES: ABSENT: Schaub ABSTAIN: Planning Commission Chair ATTEST: Planning Manager G:IPA#120111PLPA-2011-00026 Zoning Ordinance Amendments, Update 11PC Reso.doc 2 of 2 ORDINANCE NO. xx -11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ************** AMENDING CHAPTER 8.40 (ACCESSORY STRUCTURES AND USES REGULATIONS), CHAPTER 8.40 (ACCESSORY STRUCTURES AND USES REGULATIONS), CHAPTER 8.76 (OFF-STREET PARKING AND LOADING REGULATIONS), CHAPTER 8.84 (SIGN REGULATIONS) AND CHAPTER 8.108 (TEMPORARY USE PERMIT) OF THE ZONING ORDINANCE CITY-WIDE PLPA-2011-00026 WHEREAS, the City is initiating amendments to the Zoning Ordinance to bring greater clarity and consistency to existing regulations; and WHEREAS, amendments are proposed to Chapter 8.40 (Accessory Structures and Uses Regulations) as it relates to Eating and Drinking Establishments as an accessory use to retail sales; and WHEREAS, amendments are proposed to Chapter 8.76 (Off-Street Parking and Loading Regulations) as it relates to tenant spaces with multiple functions and parking requirements for other Indoor Recreational Facilities not specifically listed in Section 8.76.080.D; and WHEREAS, amendments are proposed to Chapter 8.84 (Sign Regulations) as it relates to flags, temporary promotional signs, and the regulation of signage in the Downtown Dublin Zoning District; and WHEREAS, amendments are proposed to Chapter 8.108 (Temporary Use Permit) as it relates to other temporary land uses not specifically defined and deviating from established development standards; and WHEREAS, the Planning Commission did hold a properly noticed public hearing on this project on August 23, 2011 and adopted Resolution 11- recommending that the City Council adopt an Ordinance amending Chapter 8.40 (Accessory Structures and Uses Regulations), Chapter 8.76 (Off-Street Parking and Loading Regulations), Chapter 8.84 (Sign Regulations) and Chapter 8.108 (Temporary Use Permit) of the Dublin Municipal Code; and WHEREAS, a properly noticed public hearing was held by the City Council on , 2011; and WHEREAS, pursuant to section 8.120.050.6 of the Dublin Municipal Code, the City Council finds that the Zoning Ordinance Amendments are consistent with the Dublin General Plan and all applicable Specific Plans in that the General Plan and applicable Specific Plans include policies which support the development of commercial uses and the proposed Zoning Ordinance Amendments facilitate commercial development by bringing greater clarity and consistency to existing commercial regulations related to accessory uses, parking, signage and temporary land uses; and 1 of 8 WHEREAS, the City Council did hear and use its independent judgment and consider all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows: SECTION 1. Compliance with California Environmental Quality Act ("CEQA"): The City Council declares this Ordinance is exempt from CEQA per CEQA Guidelines Section 15061(b)(3). Section 15061(b)(3) states that CEQA applies only to those projects that have the potential to cause a significant effect on the environment. The adoption of this Ordinance is exempt from CEQA because the Ordinance does not, in itself, allow the construction of any building or structure, but it sets forth the regulations that shall be followed if and when a building or structure is proposed to be constructed or a site is proposed to be developed. This Ordinance of itself, therefore, has no potential for resulting in significant physical change in the environment, directly or ultimately. SECTION 2. Section 8.40.030.G (Permitted Commercial and Industrial Accessory Uses) of Title 8 of the Dublin Municipal Code is hereby amended to add the following: 8. Eating and Drinking Establishments. An Eating and Drinking Establishment incidental to retail sales in Commercial Zoning Districts where the Eating and Drinking Establishment, including food preparation areas and seating areas, is 10% or less of the entire tenant space. SECTION 3. Section 8.76.040.M (Tenant Space With Multiple Functions) of Title 8 of the Dublin Municipal Code is hereby amended as follows: M. Tenant Space With Multiple Functions. When a tenant space contains several Use Types, the amount of parking to be provided shall be the total of that required by Section 8.76.080 for each Use Type, except as otherwise. provided by Section 8.76.050 (Adjustment to the Number of Parking Spaces), and except as follows: 1. When a tenant space contains several Use Types for the exclusive use of those engaged in the primary use and not otherwise available to the general public, the amount of parking to be provided shall be the total of that required by Section 8.76.080 for the primary Use Type. 2. When a tenant space contains permitted accessory uses pursuant to Section 8.40.030 (Accessory Uses), additional parking shall not be required. SECTION 4. Section 8.76.040.M.1 (Large tenant space) and Section 8.76.040.M.2 (Small tenant space) of Title 8 of the Dublin Municipal Code are hereby deleted. 2of8 SECTION 5. Section 8.76.080.D (Commercial Use Types), Recreational Facility/Indoor, Other of Title 8 of the Dublin Municipal Code is hereby amended as follows: COMMERCIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED Recreational Facility/Indoor Other Per MUP All other parking requirements for Recreational Facility/Indoor as shown in Section 8.76.080.D shall remain. SECTION 6. The following new definitions are hereby added to Section 8.84.020 (Definitions) of Title 8 of the Dublin Municipal Code to read as follows: O. Flags -AutomobileNehicle Sales. The term Flags -AutomobileNehicle Sales shall mean a sign constructed of cloth, canvas or another light fabric with or without a rigid frame intended to be displayed on a regular basis to advertise the business name. P. Flags -Seasonal. The term Flags -Seasonal shall mean a sign constructed of cloth, canvas or another light fabric with or without a rigid frame intended to be displayed for a limited period of time and/or changed on a regular basis to coincide with holidays or the four seasons of the year. The remainder of Section 8.84.020 (Definitions) shall be re-lettered accordingly. SECTION 7. Section 8.84.030 (Sign Approvals and Decisionmaker Authority by Zoning District) of Title 8 of the Dublin Municipal Code is hereby amended to add the Downtown Dublin Zoning District (DDZD), to add the Sign Type "Flags-AutomobileNehicle Sales", and to remove Sign Types "Open House" and "Window". Matrix A shall read as follows: Matrix A Sign Approvals and Decisionmaker Authority by Zoning District Sign Type A R-1, R-2, R-M C-N C-O C-1 C-2 DDZD M-P, M-1, M-2 Awning E X ZC ZC ZC ZC ZC ZC Bulletin Board BP BP BP BP BP BP BP BP Coming Soon X X ZC ZC ZC ZC ZC ZC Community ID X ZC ZC ZC ZC ZC ZC ZC 3 of 8 Electronic Readerboard X X CUP (PC) CUP (PC) CUP (PC) CUP (PC) CUP (PC) CUP (PC) Flags- Automobile/Vehicle Sales X X ZC ZC ZC ZC ZC ZC Freestanding 20' or Less in Height F X ZC X BP BP BP BP Freestanding Greater than 20' in Height X X X X SDR SDR SDR SDR Grand Opening X X ZC ZC ZC ZC ZC ZC Identification** ZC/ SDR ZC/ SDR ZC/ SDR ZC/ SDR ZC/ SDR ZC/ SDR ZC/ SDR ZC/ SDR Master Sign Program SDR X SDR SDR SDR SDR SDR SDR Office Building Master ID X X ZC ZC ZC ZC ZC ZC Off-Site Residential Development Directional BP BP BP BP BP BP BP BP Off-Site Temporary For Sale or Lease F X ZC ZC ZC ZC ZC ZC Permanent Banner Sign X X X X MSP/ SDR MSP/ SDR MSP/ SDR MSP/ SDR Projecting Sign ~ X BP BP BP BP BP BP Service Station Display Structure X X ZC X ZC ZC ZC ZC Service Station Price Sign X X ZC X ZC ZC ZC ZC Special Easement E X ZC ZC ZC ZC ZC ZC Temporary Promotional (21 Days) X ZC''** ZC ZC ZC ZC ZC ZC Tenant Directory X X BP BP BP BP BP BP Wall F X BP BP BP BP BP BP SECTION 8. Section 8.84.040.6 (Matrix B, Sign Development Regulations) of Title 8 of the Dublin Municipal Code is hereby amended to add Sign Type "Flags-AutomobileNehicle Sales" and to amend Sign Type "Temporary Promotional" as follows: 4of8 Sign Type Section No. Maximum Number of Signs Maximum Height Maximum Area per Side in Sq. Ft. Location Requirements Copy Restrictions Additional Regulations Flags - See Section See Section See Section See Section See Section See Section Automobile/ 8.84.050. F 8.84.050. F 8.84.050. F 8.84.050. F 8.84.050. F 8.84.050. F Vehicle Sales Temporary Two (2). Per Zoning Banner signs Only on site on Per Zoning Maximum of 21 Promotional Clearance. shall not be which business is Clearance. consecutive Section One (1) on a larger than located and shall calendar days 8.84.050.S tenant building 60 square not be located so per permit; 21 frontage and feet. that the sign is consecutive one (1) on the higher than the calendar day street eave of the waiting period frontage. If structure in which between more than one the business is permits. street located. frontage, one (1) sign may be displayed on each street frontage, up to two street frontages, if the signs are at least 200- feet apart. Temporary One (1) Temporary Temporary Promotional Banner for Banners for Banner for Apartment Apartment Apartment Communities Communities Section which shall shall be 8.84.050.S not exceed allowed a 12 square maximum of 90 feet. days per calendar year in any time configuration desired. All other provisions contained in Matrix B shall remain and all Section references shall be re- lettered accordingly to refer to corresponding signs in Section 8.84.050 (Signs Subject to Permits). SECTION 9. Section 8.84.050 (Signs Subject to Permits) of Title 8 of the Dublin Municipal Code is hereby amended to add the following: 5 of 8 F. Flags - AutomobileNehicles Sales. AutomobileNehicle Sales Flags are permitted in those Zoning Districts where AutomobileNehicle Sales are permitted subject to approval of a Zoning Clearance. AutomobileNehicle Sales Flags are subject to the following: 1. AutomobileNehicle Sales Flags shall be located on the site where the business being advertised is conducted. 2. The location of AutomobileNehicle Sales Flags shall be limited to private property light poles and shall not extend above the top of the light pole. 3. The number of AutomobileNehicle Sales Flags shall be limited to one (1) flag per light pole, up to one-half of all light poles located on the site. 4. AutomobileNehicle Sales Flags shall be limited to a maximum of 20 square feet and may be single sided or double sided. 5. AutomobileNehicle Sales Flags shall have a clearance of eight (8) feet above the ground and fourteen (14) feet above a driveway, alley or other vehicular access way. No flag shall project into a public right-of-way. 6. AutomobileNehicle Sales Flags shall be maintained in good condition at all times. Any flag that is faded, torn or otherwise determined by the Community Development Director to not be in good condition shall be removed upon request and may be replaced subject to compliance with Section 8.84.050.F. The remainder of Section 8.84.050 (Signs Subject to Permits) shall be re-lettered accordingly. SECTION 10. Section 8.84.050.S (Temporary Promotional Signs} of Title 8 of the Dublin Municipal Code is hereby amended as follows: S. Temporary Promotional Signs. Up to two (2) Temporary Promotional Signs permitted pursuant to a Zoning Clearance and may be placed on site for a maximum of twenty-one (21) consecutive calendar days per permit when used for special promotional events or needs. A minimum waiting period of twenty-one (21) consecutive calendar days between permits is required, with the exception of balloons as defined herein and temporary banners for apartment communities. A Banner Sign shall not be larger than 60 square feet in size and the sign shall not be located so that the sign is taller than the eave of the structure in which the business is located. One (1) temporary promotional sign may be displayed on a tenant's building frontage and one (1) temporary promotional sign may be displayed on the street frontage. If there is more than one street frontage, one (1) temporary promotional sign may be displayed on each street frontage (in lieu of the building frontage), up to two street frontages, if the signs are at least 200-feet apart. One (1) temporary banner for apartment communities is permitted pursuant to a Zoning Clearance and may be placed on site fora maximum of ten (10) consecutive calendar days per permit when used for special promotional events or needs. A minimum waiting period of twenty (20) consecutive calendar days between permits is required. In addition, the duration in which banners may be displayed is limited to a maximum duration of 90 days per calendar year. A 6 of 8 temporary banner sign for apartment communities shall not be larger than 12 square feet (see Section 8.84.020.6 for definition of apartment communities). Any tethered or untethered balloon of greater than 15 inches in diameter shall be permitted only as a temporary promotional sign and subject to a permit. All balloons shall be tethered to the ground only with the bottom of the balloon on the ground and shall not be permitted to be attached to any structure or vehicle. No permit(s) singularly or cumulatively shall be issued that allows any temporary promotional signs that include balloons for more than 21 days per calendar year. Zoning clearance(s) may be issued for periods less than 15 days. Up to 4 searchlights, attached to function as a single unit, are permitted as a Temporary Promotional Sign pursuant to a Zoning Clearance. No permit(s) singularly or cumulatively shall be issued that allows any temporary promotional sign(s) that include searchlights for more than 21 days per calendar year. Zoning clearance(s) may be issued for periods less than 15 days. SECTION 11. Section 8.84.140 (Exempt Signs) of Title 8 of the Dublin Municipal Code is hereby amended as follows: B. Flags. The flag, or insignia of any charitable, educational, philanthropic, civic, professional or religious organization or seasonal flags. SECTION 12. Section 8.108.020 (Uses Permitted With A Temporary Use Permit) of Title 8 of the Dublin Municipal Code is hereby amended to add the following: K. Other Temporary Uses. A temporary land use that is not otherwise defined in Section 8.108.020 nor determined by the Community Development Director to be similar to any of the specific uses contained in Section 8.108.020, may be approved as a temporary use of land subject to the following conditions: 1. The use is temporary in nature and would not exceed 30 calendar days. 2. The use was not established by means of a Temporary Use Permit within the last six (6) months. 3. The hours of operation are between: gam and 9pm Monday through Friday; gam and 11 pm Saturday; and, gam and 6pm Sunday. Event set-up may begin no earlier than Sam. Loudspeakers or amplified music shall be limited to between 10am and 9pm Monday through Saturday. 4. The use would be compatible with the surrounding area and the Zoning District in which it is located. 5. The use complies with the standard conditions established by the Community Development Director. The remainder of Section 8.108.020 (Uses Permitted With A Temporary Use Permit) to be re- lettered accordingly. 7 of 8 Section 13. Section 8.108.024 (Minor Use Permit) of Title 8 of the Dublin Municipal Code is hereby added as follows: 8.108.024 Minor Use Permit. A Minor Use Permit may be applied for to deviate from a standard for any temporary land use contained in Section 8.108.020. Section 14. Effective Date and Posting of Ordinance This Ordinance shall take effect and be in force thirty (30) days from and after the date of its final adoption. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 39633 of the Government Code of California. PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this day of , 2011, by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:IPA#120111PLPA-2011-00026 Zoning Ordinance Amendments, Update 11CC Ord ZOA Update i.doc 8 of 8 September zn, z011 bublin City Gouncil One Civic-Center bubNn, CA 84688 tear Mayor Sbranti and Council Members; ~~uel= xlspt.~~ ~~ •p ~~'~ ~, ?~ ~`,~ ~ ~Q~J `r~f'Y More than a dozon years ago, Clty staff coordinated the work of a community taskforce looking Into ways to improve the appearance and reputation of Aublin (then sometimes referred to as the "mattress and muffler center" of the Valley} by reviewing and revising the sign ordinance. At that time strings of pennants, large or multiple balloons, and roof-mounted Qodxlilas were prohibited, and non-conforming signs and those with visible supports became subject to summary removal. The review was not racily comprehensive, but Mayer iiouston Fndicated that if there were future problems, this Item could be revisited. taut in the interim It became the practice to enforce these parts of our local laws only tf there was a complaint. And many businesses which had received approve[ for their sign programs added non- conforming slgnage, often fn the form of window paint and paper or fabric banners, The result of these practices seems to have been a return to the camivai atmosphere that caused Dublin to be considered fn ba a second class city. And each and every week, I see that homes in Dublin are valued at X100,000 to $160,000 less than similar houses Juat across the road in Pleasanton {see the Week's home safes numbers in the Valley Times;. I have lived here for 2ti years, t believe that bublln is squat or superior to our neighbors to many ways, cut that is not necessarily the public perception as reflected in home price and desirability of our community, 1 bettave that part of that Rerceptton derives from the lack of adequate regulation of signs placed on fences, fight poles, and store windows and wails. After 1 sent some plc#ures to you demonstrating the extent of the problem, there was some increased enforcement relating to temporary sates promotion banners. But the elephant In the room, years-tong violations of n-ul#ipfe signs on fight pasts et some businesses, was not addressed. Than, 1(earned that the Planning Commfas[on was fo consider some changes. When 1 want to the meeting, I discovered that auto dealers had proviousty been invited to glue their blessing fo a propose! which would make their ilfegaF signs legal. This looks tike legislation written by and for one special interest. And tt would enshrine permission for about 184 additional signs as big as the front door fo your home aft throughout the city. I do believe that It is tmpor#ant forthe publfa to bs able to find a local business, especially during the first menthe in a location. In the case of local auto dealers, some have been In pleas foryears and have thirty or forly foot tall efgns by the freeway and extensive lighted slgnage on large buifcitngs set wl#hin acres of merchandise displayed outdoors. People know it is an auto dealership; no one can confuse ttwifh a dental office or drug store. And In regard to the potential 184 signs on outdoor light poise, one needs to already be of that dealership to read ail those adds#fonaf signs. have enclosed copies of several past letters to your Council and to the Planning Commission. And I believe you should postpone action on the tatea# recommendations of the planning staff pending a more complete review of why bubitn has sign reputations and ewe seek #o accomplish by having such regulation in the first place. The taskforce that met in the past did good work. But the world has chanced over the past decade and this issue should be revisited with an eye to the needs of al! varieties of businesses, the effect an home values throughout the community, and the perception of Dublin in the view of the wider public. I Would be pleased fo meet with you or your staff regarding this issue and am avatlabie to participate again on a taskforce repreaenffng the whole spsatrum~f~ntereats in the community. Mayor Sbranti called the meeting to order at 9:03 PM Zoning Ordinance Amendments to Chapter 8.40 (Accessory Structures and Uses Regulations), Chapter 8.76 (Off-Street Parking and Loading Regulations), Chapter 8.84 Si n Re ulations and Cha ter 8.108 Tem ora Use Permit PLPA-2011-00026 9:03:41 PM 6.2 {450-30) Mayor Sbranti opened the public hearing. Marnie Delgado, Senior Planner, presented the Staff Report and advised that the City was initiating amendments to the Zoning Ordinance to bring greater clarity and consistency to existing regulations. Amendments are proposed to: Chapter 8.40 (Accessory Structures and Uses Regulations) as it relates to Eating and Drinking Establishments as an accessory use to retail sales; to Chapter 8.76 (Off-Street Parking and Loading Regulations) as it relates to tenant spaces with multiple functions and parking requirements for other Indoor Recreational Facilities not specifically fisted in Section 8.76.0$O.D; to Chapter 8.84 (Sign Regulations} as it relates to flags, temporary promotional signs, and the regulation of signage in the Downtown Dublin Zoning District; and to Chapter 8.108 (Temporary Use Permit} as it relates to other temporary land uses not specifically defined and deviating from established development standards. Dublin resident Bruce Fiedler stated the amendments proposed regarding Sign Regulations were designed to benefit a few special interests at a cost to the wider community. Dublin landlord for Sierra Market, Brad Sanders, commented on Chapters 8.40 and 8.76, and stated that these amendments were directly the cause of prohibiting any seating to Sierra Market due to the lack of parking. Cm. Swalwell asked Staff to clarify Mr. Sanders comments regarding the ordinance amendments and their relation to the issue. Mr. Bakker stated that the issue Mr. Sanders was referring to was at what point an accessory restaurant component of a grocery store triggered a higher parking standard. Linda Smith, Economic Development Director, elaborated on Mr. Sanders core arguments about applying the addi#ional parking spaces for the restaurant component and limiting his ability on additional space in his center to be leased at retail in the future. Other options have been explored with Mr. Sanders as well. Mayor Sbranti read comments submitted via fax by Sierra Market Owner, Mr. Sal Safi, "I am the owner of Sahara Market, this confusion in the code has cost us tremendous grief and loss of income. Section 8.40 will cause mare confusion and will leave another gray area where the food preparation area in a market with seating area and food preparation will be hard to define." DUBLIN CITY COUNCIL MINUTES 8 VOLUME 30 REGULAR MEETING 19 i OCTOBER 4, 2011 Mayor Sbranti closed the public hearing. Mayor Sbranti asked Staff to explain how the 1 tJ% of seating and food preparation area was established. Ms. Waffle stated that this standard was taken from another standard in the accessory uses chapter. Mayor Sbranti asked Staff to elaborate on why food preparation needed to be included in the 10%. Ms. Waffle stated that food preparation is a necessary component of an eating and drinking establishment as it related to retail sales with the 10% threshold for intensity directly affecting the minimum required parking spaces. Mayor Sbranti asked for clarification on how this ordinance amendment would assist with the Sahara Market expansion plan. Ms. Waffle stated this item would assist by clarifying the off-s#reet parking and loading regulations that requires distinction between a large and small tenant space for the purpose of determining parking requirements. She also stated that the Sahara Market management would be working on a restriping plan which would also assist with resolving their expansion plan. Mayor Sbranti asked what the implication might be if the City Council did not approve the Chapter 8.84 ordinance amendment. Ms. Waffle stated that any area outside planned development zoning district, or any shopping center that did not have a master sign program, would not be Mowed to have signs. Cm. Hildenbrand commented on Chapter 8.84 and expressed that the sign regulations ordinance was consistently being compromised with these amendments, resulting in creating an lower aesthetic quality to the community. Mayor Sbranti stated that he believed there were more limits than additions to this ordinance amendment, and would like to take a pause and re-evaluate this amendment further before voting on this amendment. He suggested looking at this from a broader perspective. Vm. Hart suggested a group outside of the ad-hoc committee evaluate whether the proposed changes are of value to the City and provide recommendations. Cm. Biddle stated he would be willing to have input from a community group and postpone accepting amendment to the sign regulations. Cm. Swalwell was in agreement with postponing the amendment. DUBLIN CITY COUNCIL MINUTES 9 VOLUME 30 REGULAR MEETING _ OCTOBER 4, 20'11 '~ ~ ~ City Manager Pattiilo stated that the City Attorney will provide clarity on moving forward with the ordinance chapters, excluding Chapter 8.84. She clarified the direction provided regarding Chapter 8.84 which would be to have Staff bring back recommendations, whether to form a task force or one town hall meeting. This will also create a new initiative, adding additional workload and would ask the City Council to prioritize the current Economic Development initiatives. Cm. Hildenbrand stated that she did not feel the need to form a task force and add additional work. Mayor Sbranti stated that he did not want to re-prioritize Economic Development initiatives but gather feedback from community members to ensure that moving forward would be of benefit to the City. On motion of Vm. Hart, seconded by Cm Hildenbrand and by unanimous vote, the City Council INTRODUCE an Ordinance Amending Chapter 8.40 (Accessory Structures and Uses Regulations), Chapter 8.76 (Off-Street Parking and Loading Regulations), and Chapter 8.108 (Temporary Use Permi#} of the Zoning Ordinance. Chapter 8.84 (Sign Regulations) would be deferred. ~` Dublin Heritage Park and Museums Facility Use Policy 10:16:22 PM 6.3 {295-10) Mayor Sbranti opened the public hearing. Paul McCreary, Assistant Parks and Community Services Director, presented the Staff Report and advised that the City Council would consider adopting the Heritage Park and Museums Facility Use Policy and Rental Fee Schedule, which would allow far community use and private rentals of the Kolb Sunday Schaal Barn and St. Raymond Church. No testimony was received by any member of the public relative to this issue. Mayor Sbranti closed the public hearing. Vm. Hart stated that the pricing seemed to be a bit expensive and cautioned that #ees wouldn't discourage the use of such a great facility. Cm. Hildenbrand commented that based on the history of the facility and the importance of preservation and protection of the buildings, the pricing seemed reasonable. Mayor Sbranti stated that the rates quoted were lower than the surrounding area and felt comfortable moving forward with the fee schedule as presented. DUBLIN CITY COUNCIL MINUTES 10 VOLUME 30 REGULAR MEETING OCTOBER 4, 2011 '~ ~~'~ DRAFT WRITTEN COMMUNICATIONS -None. PUBLIC HEARINGS -None. UNFINISHED BUSINESS Review of City Fireworks Ordinance Permit Process 7:32:10 PM 7.1 (650-60) By consensus, the City Council postponed this item to the January 17, 2012 City Council meeting. Town Hall Meeting on Sign Regulations 7:32:28 PM 7.2 (450-60) Senior Planner Marnie Delgado presented the Staff Report and advised that the City Council would be asked to appoint two Councitmembers to participate in a Town Hall Meeting on February 9, 2012 where amendments to Chapter 8.84 (Sign Regulations) of the Dublin Zoning Ordinance would be discussed with interested members of the community. Mayor Sbranti asked what outreach had taken place in regard to the meetings. Ms. Delgado stated Staff would be sending out a notice to all automobile and vehicle dealers. They would also be notifying all the local sign companies and any other interested parties that had contacted the City and inquired about the proposed amendments. The Dublin Chamber of Commerce would also be included. City Manager Pattillo stated the information would also be posted on the City website, as well as the newspaper. On motion of Mayor Sbranti, seconded by Cm. Swalwell and by unanimous vote (Vm. Hart absent), the City Council appointed Cm. Hildenbrand and Cm. Biddle to participate in the Town Hall Meetings. DUBLIN CITY COUNCIL MINUTES 1 VOLUME 30 REGULAR MEETING .~o~ a Wi+ DECEMBER 20, 2011 f9`~~ ~~w YC7R Town Hall Meeting Sign Regulation February 9, 2012, 6:30 PM Regional Meeting Room The meeting was called to order by Jeff Baker, Planning Manager at 6:33 PM ATTENDEES: Kasie Hlldenbrand, Councilmember; Don Biddle, Councilmember; Jeri Ram, Community Development Director; Jeff Baker, Planning Manager; Marnie Delgado, Senior Planner; Seth Adams, Assistant Planner; Debra LeClair, Recording Secretary. Bruce Fiedler; Lou Noval, Fast Signs; John Del<oven, Bunjo's Comedy Club; Amar Gill, EI Monte RV; Claudia McCormick. Jeff Baker, Planning Manager, welcomed everyone to the meeting, gave an overview of the purpose of the meeting and the agenda, and then asked for introductions of Staff and attendees. Marnie Delgado, Senior Planner presented the proposed amendments to the Sign Regulations. DISCUSSION: Matrix A - Add the Downtown Dublin Zoning District and automobile sales flags; and - Remove "Open House" and window signs which are currently exempt from permits. Lou Noval proposed increasing the amount of signage area allowed on windows. He felt window signs are a good tool for business owners and suggested increasing the area to 30°~ of the window. Since this suggestion was not part of the amendments it was added to the "Parking Lot" list. There were no other sugges#ions or discussion regarding the added columns in Matrix A. Temoorarv Promotional Sins - Limit the maximum number that can be displayed to 2; - One may be displayed over tenant space and one along street frontage; - OR. - If two street frontages, one per street frontage if at least 200 feet apart Bruce Fiedler liked the amendments and liked the spacing and numbers mentioned. He stated that the current timing of promotional signs was not mentioned and suggested the spacing of promotional signs should be after the 21 day period the banner should be down far 8 weeks instead of 21 days before putting up another banner/sign. Ne felt that if a business has a promotional banner up far approximately 6 months of the year it wasn't an actual promotional banner/sign. Since the display period for promotional signs was not part of the amendments it was added to the "Parking Lot" list. Ms. Delgado stated his suggestion would be presented to the City Council along with the other suggestions from tonight's meeting. Claudia McCormick was concerned about the quantity and quality of the promotional banner/signs on the street frontage. She raised concern about clustering multiple signs in one location. Mr. Baker explained that businesses located within shopping centers are allowed to place banner/signs on the street frontage. He continued there is currently no limit to the number of signs but this amendment would limit the number of signs but the fact that they are allowed signs will not change. Kasie Hildenbrand, Cauncilmember asked if there are a number of businesses in a shopping center they would all be allowed to post promotiona! signs. Mr. Baker answered yes, but they would not be ail from one business. Ms. McCormick suggested there be some type of quality assurance for the signs such as; must be professionally done with certain materials and no hand lettering. Mr. Noval was concerned about large banners that are over the square footage restriction and felt they made the area look unattractive. There was a discussion regarding a temporary promotional sign that has remained on a building for an extended period of time. Mr. Noval suggested allowing professionally done A frames to be included in the Temporary Promotional Signs amendment. Since this suggestion was not part of the amendments it was added to the "Parking Lot" list. Seasonal Flaes Mr. Fiedler felt the definition of "Seasonal Flag" was not clearly stated. He felt that if the flags are displayed to celebrate a specific season or holiday that would be fine but if they are purely advertising it makes the community look like a garage sale and should be regulated. Mr. Baker confirmed Mr. Fiedfer's suggestion is if the flag were of a promotional nature that there should be a time limit, but a seasonal flag should be treated differently. Mr. Fiedler agreed. He felt #hat if the sign is promotional then it should be regulated under the Temporary Promotional Sign ordinance. He suggested that the seasonal flags be defined as to size, number, and attachment. Ms. Delgado summarized the discussion: - Staff should define "Seasonal Fiag" more clearly - Does seasonal include holidays? - u Nrurnu~wnai in na~ure i~ is not sea: - Clarify size, number and attachment Mr. Fiedler mentioned the #lags at the Waterford Center are a good example of a seasonal flag. Automobile Sales Flag - Located on the site where the business being advertised is conducted - Limited to private property Eight poles and shall not extend above the top of the light pole - One flag per light pole, up to % of ail light poles located on site - Maximum of 20 SF and may be single sided or double sided - Shai! have a clearance of: o Eight feet above the ground o Fourteen feet above a driveway, alley or other vehicular access way o No flag shall project into a public right-of-way - Maintained in good condition at al! times Ms. Delgada explained the Automobile Sales Flags would be newly defined in the Zoning Ordinance. Mr. Noval asked if the flags that are currently in place would need to be permitted. Ms. Delgado answered yes they would need to obtain a zoning clearance if not already approved with a master sign program. Mr. Fielder felt the definitions are good. He questioned why auto dealerships are considered to be a special group with special legislation. He felt there are too many flags proposed to be allowed in the amendment. He suggested 1 flag for every 8 light poles and that they could be clustered In one location. He felt the special flags are not necessary to assist car buyers in locating dealerships. Ms. Delgado confirmed Mr. Fielder's first preference would be not to add the special provision for auto sales flags and he felt that one on every other pole would be excessive. Mr. Fiedler agreed and questioned why certain dealerships need them and others do.n't. Mr. Baker asked if anyone had any other comments ar concerns. Don Biddle, Councilmember asked if the new opaque window signs which are see-through should they be handled differently. Consideration should be given to non-promotional graphics or mural type window displays. Mr. Baker thanked the group for attending and stated that their comments and feedback will be presented to the City Council tentatively scheduled for March 6, 2012. He stated there will ._ .. _..._ . _{~e._a Staff_Report and presentation aid a_regaest-fr~fi-the ~Councif on~T~ow -they.would tike to proceed with sign regulations. He stated that everyone who received a notice for this meeting will be Included in the mailing as well as tonight's attendees. Claudia McCormick wanted her comments to be recorded. She was very concerned about political signage and felt it is not applied equally to everyone. She mentioned a sign at the post office. She stated she complained to the post office who called the police; they moved the sign to the street which is city property. She felt that certain political signs do not come under any Ordinances and felt they should. She stated that when she was running for public office she was not allowed to put her signs on public property, yet others put up offensive political signs. She also felt there was an Ordinance that stated the signs could only be displayed for 30 days before an election. She asked that the City Council look at the Ordinance and ensure that it is applied fairly. There was a discussion regarding Free Speech and how it applies to political signage. Mr. Baker stated that we have captured Ms. McCormick's comments and will share them with the City Council. He continued there are Free Speech issues that come into play which will need further research to address the issue. The meeting was adjourned at 7:15pm CHAPTER 8.84 SIGN REGULATIONS The following new definitions are hereby added to Section 8.84.020 (Definitions) of Title 8 of the Dublin Municipal Code to read as follows: O Flags -AutomobileNehicle Sales. The term Flags -AutomobileNehicle Sales shall mean a sign constructed of cloth canvas or another light fabric with or without a rigid frame intended to be displaved on a regular basis to advertise the business name. P Flaas -Seasonal. The term Flags -Seasonal shall mean a sian constructed of cloth canvas or another light fabric with or without a rigid frame intended to be displaved for a limited period of time and/or changed on a regular basis to coincide with the four seasons of the near. Section 8.84.030 (Sign Approvals and Decisionmaker Authority by Zoning District) of Title 8 of the Dublin Municipal Code is hereby amended as follows: Matrix A Sign Approvals and Decisionmaker Authority by Zoning District R-1, R-2, DDZD M-P, M-1, Sign Type A R-M C-N C-O C-1 C-2 M 2 Awning F X ZC ZC ZC ZC ZC ZC Bulletin Board BP BP BP BP BP BP BP BP Coming Soon X X ZC ZC ZC ZC ZC ZC Community ID X ZC ZC ZC ZC ZC ZC ZC Electronic Readerboard X X CUP (PC) CUP (PC) CUP (PC) CUP (PC) CUP PC CUP (PC) Flags- Automobile/ Vehicle Sales X X ZC ZC ZC ZC ZC ZC Freestanding 20' or Less in Height ~ X ZC X BP BP BP BP Freestanding Greater than 20' in Height X X X X SDR SDR SDR SDR Grand Opening X X ZC ZC ZC ZC ZC ZC Identification~`* ZC/ SDR ZC/ SDR ZC/ SDR ZC/ SDR ZC/ SDR ZC/ SDR ZC/ SDR ZC/ SDR Master Sign Program SDR {ZA) X SDR (ZA) SDR (ZA) SDR (ZA) SDR (ZA) SDR ZA SDR {ZA) 1 of 6 Office Building Master ID X X ZC ZC ZC ZC ZC ZC Off-Site Residential Development Directional BP BP BP BP BP BP BP BP Off-Site Temporary For Sale or Lease ~ X ZC ZC ZC ZC ZC ZC ~ ~ °o,~ed X ~4 ~4 ~ ~4 Permanent Banner Sign X X X X MSP/ SDR MSP/ SDR MSP/ SDR MSP/ SDR Projecting Sign ~ X BP BP BP BP BP BP Service Station Display Structure X X ZC X ZC ZC ZC ZC Service Station Price Sign X X ZC X ZC ZC ZC ZC Special Easement ~ X ZC ZC ZC ZC ZC ZC Temporary Promotional (21 Days) X ZC**'` ZC ZC ZC ZC ZC ZC Tenant Directory X X BP BP BP BP BP BP Wall ~ X BP BP BP BP BP BP ~ ~ ~4 ~R ~R ~R -BR ~R Section 8.84.040.8 (Matrix B, Sign Development Regulations) of Title 8 of the Dublin Municipal Code is hereby amended as follows: Sign Type Maximum Maximum Maximum Location Copy Additional Section Number Height Area per Requirements Restrictions Regulations No. of Signs Side in Sq. Ft. Flags _ See See See Section See Section See Section See Section Automobile/ Section Section 8.84.050.E 8.84.050.E 8.84.050.E 8.84.050.E Vehicle 8.84.050. F 8.84.050. F Sales Temporary ~ Per °D°,g Only on site on Per Zoning Maximum of Promotional ' Zoning ~lea~a~se- which Clearance. 21 Section ~ Clearance. Banner business is consecutive 8.84.050.T Two 2 . signs shall located and calendar days One (1) on not be larger shall not be per permit; 21 a tenant than 60 located so that consecutive 2of6 buildin square feet. the sign is calendar day frontage higher than the waiting period and one eave of the between 1 on the structure in permits. street which the frontage business is or two 2 located. on street frontages if more than one street fronts e and signs Temporary are at Banners for least 200- Temporary Apartment Temporary feet apart. Banner for Communities Promotional Apartment shall be Banner for One (1) Communities allowed a Apartment which shall maXimum of Section not exceed 90 days per 8.84.050.T 12 square calendar year feet. in any time configuration desired. Section 8.84.050 (Signs Subject to Permits) of Title 8 of the Dublin Municipal Code is hereby amended to delete the following: 3of6 o rc~nfiigi anus ~eiinr~no~ei ~ro~ frnm ihirh +hov ~+ro rio~eiorl Section 8.84.050 {Signs Subject to Permits) of Title 8 of the Dublin Municipal Code is hereby amended to add the following: F. Flags - AutomobileNehicles Sales. Automobile/Vehicle Sales Flaps are permitted in those Zoning Districts where AutomobileNehicle Sales are permitted subiect to approval of a Zoning Clearance. Automobile/Vehicle Sales Flaps are subiect to the following: 1. Automobile/Vehicle Sales Flaps shall be located on the site where the business being advertised is conducted. 2. The location of AutomobileNehicle Sales Flaps shall be limited to private property light poles and shall not extend above the top of the lioht pole 3. The number of Automobile/Vehicle Sales Flaps shall be limited to one (1) flap per light pole, up to one-half of atl light poles located on the site 4. AutomobileNehicle Sales Flaps shall be limited to a maximum of 20 square feet and may be single sided or double sided. 5. AutomobileNehicle Sales Flaas shall have a clearance of eioht (8) feet above the ground and fourteen (14) feet above a driveway alley or other vehicular access wav. No flap shall project into a public right-of-wav 6. AutomobileNehicle Sales Flaps shall be maintained in good condition at all times. Anv flap that is faded, torn or otherwise determined by the Community Development Director to not be in good condition shall be removed upon request and may be replaced subiect to compliance with Section 8 84 050 F S. Temporary Promotional Signs. Up to two (2) Temporary Promotional Signs permitted pursuant to a Zoning Clearance and may be placed on site for a maximum of twenty-one (21) consecutive calendar days per permit when used for 4of6 special promotional events or needs. A minimum waiting period of twenty-one (21) consecutive calendar days between permits is required, with the exception of balloons as defined herein and temporary banners for apartment communities. A Banner Sign shall not be larger than 60 square feet in size and the sign shall not be located so that the sign is taller than the eave of the structure in which the business is located. One (1) temporary promotional sign may be displayed on a tenant's building frontage and one (1) temporary promotional sign may be displayed on the street frontage If there is more than one street frontage, one (1) temporary promotional sign may be displayed on each street frontage (in lieu of the building frontage) up to two street frontaaes if the signs are at least 200-feet apart. One (1) temporary banner for apartment communities is permitted pursuant to a Zoning Clearance and may be placed on site for a maximum of ten (10) consecutive calendar days per permit when used for special promotional events or needs. A minimum waiting period of twenty (20) consecutive calendar days between permits is required. In addition, the duration in which banners may be displayed is limited to a maximum duration of 90 days per calendar year. A temporary banner sign for apartment communities shall not be larger than 12 square feet (see Section 8.84.020.6 for definition of apartment communities). Any tethered or untethered balloon of greater than 15 inches in diameter shall be permitted only as a temporary promotional sign and subject to a permit. All balloons shall be tethered to the ground only with the bottom of the balloon on the ground and shall not be permitted to be attached to any structure or vehicle. No permit(s) singularly or cumulatively shall be issued that allows any temporary promotional signs that include balloons for more than 21 days per calendar year. Zoning clearance(s) may be issued for periods less than 15 days. Up to 4 searchlights, attached to function as a single unit, are permitted as a Temporary Promotional Sign pursuant to a Zoning Clearance. No permit(s) singularly or cumulatively shall be issued that allows any temporary promotional sign(s) that include searchlights for more than 21 days per calendar year. Zoning clearance(s) may be issued for periods less than 15 days. Section 8.84.140 (Exempt Signs) of Title 8 of the Dublin Municipal Code is hereby amended as follows: B. Flags. The flag, or insignia of any charitable, educational, philanthropic, civic, professional or religious organization or seasonal flaps. Section 8.84.140 (Exempt Signs) of Title 8 of the Dublin Municipal Code is hereby amended to add the following: Open House Signs. Open-House Signs are permitted subject to the following special provisions: A maximum of four (4) open-house signs are permitted for each property being advertised for sale. Such signage shall not be located within the public right-of-way (which includes, but is not limited to, the sidewalk and the greenway between the sidewalk and the curb) where such signage endangers the safety of persons or property, disrupts the normal flow of vehicle or pedestrian traffic, blocks views of 5of6 such traffic, blocks ingress into or egress from any residence or place of business, or restricts a sidewalk to less than thirty-two (32) inches. Signage may be placed in a landscaping strip between the roadway and the sidewalk. 2. Signage is prohibited in public streets and the center divider strip and/or traffic islands of public streets. 3. Signage is not to be adhered or attached to any public sign post, traffic signal or utility pole. 4. Signs cannot be placed within a five (5} foot radius of a call box, fire hydrant or mail box. 5. No more than eight (8) open-house signs shall be placed at any intersection. No more than one (1) sign per property being advertised may be placed at an intersection. 6. Signs cannot have additional tags, riders, streamers, balloons or other attachments. 7. The size of the sign shall not exceed four (4) square feet per side, and the height shall not exceed three (3) feet above grade. 8. Open-house signs shall be permitted on holidays, Saturdays, Sundays and one agent tour day each week from 10:00 a.m. through sunset. 9. The City shall be authorized to assess all necessary costs for the time spent by City personnel, or its authorized agents, to remove illegally located open-house signs. In cases of repeated violations of requirements dealing with open-house signs, rights to locate new open-house signs in the City shall be forfeited. 10. Proper authorization by the affected private property owner shall be secured prior to placement of signs on private property. Window Signs. Window Signs shall not exceed twenty-five percent (25%) of the contiguous window area from which they are viewed. 6of6 ORDINANCE NO. xx -12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING CHAPTER 8.84 (SIGN REGULATIONS) OF THE ZONING ORDINANCE CITY-WIDE PLPA-2011-00026 WHEREAS, the City is initiating amendments to the Zoning Ordinance to bring greater clarity and consistency to existing regulations; and WHEREAS, amendments are proposed to Chapter 8.84 (Sign Regulations) as it relates to flags, temporary promotional signs, and the regulation of signage in the Downtown Dublin Zoning District; and WHEREAS, the Planning Commission did hold a properly noticed public hearing on August 23, 2011 and adopted Resolution 11-23 recommending that the City Council adopt an Ordinance amending Chapter 8.40 (Accessory Structures and Uses Regulations), Chapter 8.76 (Off-Street Parking and Loading Regulations), Chapter 8.84 (Sign Regulations) and Chapter 8.108 (Temporary Use Permit) of the Dublin Municipal Code; and WHEREAS, on October 4, 2011 the City Council waived the reading and introduced an Ordinance amending Chapter 8.40 (Accessory Structures and Uses Regulations), Chapter 8.76 (Off-Street Parking and Loading Regulations), and Chapter 8.108 (Temporary Use Permit) but excluded Chapter 8.84 (Sign Regulations); and WHEREAS, Staff was directed to hold a public meeting to obtain input from the community on the proposed amendments to Chapter 8.84 (Sign Regulations); and WHEREAS, on February 9, 2012 a public meeting was held in the Regional Meeting Room at Dublin City Hall and interested members of the community provided feedback on the proposed amendments; and WHEREAS, a properly noticed public hearing was held by the City Council on March 6, 2012; and WHEREAS, the City Council did hear and use its independent judgment and consider all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows: SECTION 1. The City Council finds that this Ordinance is consistent with the Dublin General Plan and all applicable Specific Plans in that the General Plan and applicable Specific Plans include policies which support the development of commercial uses and the proposed Zoning Ordinance Amendments facilitate commercial development by bringing greater clarity and consistency to existing commercial regulations related to signage. 1 of 9 SECTION 2. Compliance with California Environmental Quality Act ("CEQA"): The City Council declares this Ordinance is exempt from CEQA per CEQA Guidelines Section 15061(b)(3). Section 15061(b)(3) states that CEQA applies only to those projects that have the potential to cause a significant effect on the environment. The adoption of this Ordinance is exempt from CEQA because the Ordinance does not, in itself, allow the construction of any building or structure, but it sets forth the regulations that shall be followed if and when a building or structure is proposed to be constructed or a site is proposed to be developed. This Ordinance of itself, therefore, has no potential for resulting in significant physical change in the environment, directly or ultimately. SECTION 3. The following definitions are hereby added to Section 8.84.020 (Definitions) of Title 8 of the Dublin Municipal Code to read as follows, with the other definitions contained in Section 8.84.020 (Definitions) to be re-lettered accordingly: Flags -AutomobileNehicle Sales. The term Flags -AutomobileNehicle Sales shall mean a sign constructed of cloth, canvas or another light fabric with or without a rigid frame intended to be displayed on a regular basis to advertise the business name. Flags -Seasonal. The term Flags -Seasonal shall mean a sign constructed of cloth, canvas or another light fabric with or without a rigid frame intended to be displayed for a limited period of time and/or changed on a regular basis to coincide with the four seasons of the year. SECTION 4. Section 8.84.030 (Sign Approvals and Decisionmaker Authority by Zoning District) of Title 8 of the Dublin Municipal Code is hereby amended to add a new column for the Downtown Dublin Zoning District ("DDZD"), to add a new Sign Type for "Flags-AutomobileNehicle Sales", and to remove the Sign Types "Open House" and "Window". Matrix A shall read as follows in its entirety: Matrix A Sign Approvals and Decisionmaker Authority by Zoning District Sign Type A R-1, R- 2, R-M C-N C-O C-1 C-2 DDZD M-P, M-1, M-2 Awning ~ X ZC ZC ZC ZC ZC ZC Bulletin Board BP BP BP BP BP BP BP BP Coming Soon X X ZC ZC ZC ZC ZC ZC Community ID X ZC ZC ZC ZC ZC ZC ZC 2 of 9 Electronic Readerboard X X CUP (PC) CUP (PC) CUP (PC) CUP (PC) CUP (PC) CUP (PC) Flags- Automobile/Vehicle Sales X X ZC ZC ZC ZC ZC ZC Freestanding 20' or Less in Height ~ X ZC X BP BP BP BP Freestanding Greater than 20' in Height X X X X SDR SDR SDR SDR Grand Opening X X ZC ZC ZC ZC ZC ZC Identification~`* ZC/ SDR ZC/ SDR ZC/ SDR ZC/ SDR ZC/ SDR ZC/ SDR ZC/ SDR ZC/ SDR Master Sign Program SDR (~) X SDR (~) SDR (~) SDR (ZA) SDR (~) SDR (~) SDR (ZA) Office Building Master ID X X ZC ZC ZC ZC ZC ZC Off-Site Residential Development Directional BP BP BP BP BP BP BP BP Off-Site Temporary For Sale or Lease ~ X ZC ZC ZC ZC ZC ZC Permanent Banner Sign X X X X MSP/ SDR MSP/ SDR MSP/ SDR MSP/ SDR Projecting Sign E X BP BP BP BP BP BP Service Station Display Structure X X ZC X ZC ZC ZC ZC Service Station Price Sign X X ZC X ZC ZC ZC ZC Special Easement ~ X ZC ZC ZC ZC ZC ZC Temporary Promotional (21 Days) X ZC*** ZC ZC ZC ZC ZC ZC Tenant Directory X X BP BP BP BP BP BP Wall E X BP BP BP BP BP BP SECTION 5. Section 8.84.040.B (Matrix B, Sign Development Regulations) of Title 8 of the Dublin Municipal Code is hereby amended to add a new row for the Sign Type "Flags-Automobile/Vehicle Sales" and to amend the row for the Sign Type "Temporary Promotional" as follows: 3 of 9 Sign Type Section No. Maximum Number of Signs Maximum Height Maximum Area per Side in Sq. Ft. Location Requirements Copy Restrictions Additional Regulations Flags - See See See Section See Section See Section See Section Automobile/ Section Section 8:84.050. F 8.84.050. F 8.84.050. F 8.84.050. F Vehicle 8.84.050. F 8.84.050. F Sales Temporary Two (2). Per Zoning Banner signs Only on site on Per Zoning Maximum of Promotional Clearance. shall not be which business Clearance. 21 Section One (1) on larger than is located and consecutive 8.84.050.S a tenant 60 square shall not be calendar building feet. located so that days per frontage the sign is permit; 21 and one (1) higher than the consecutive on the eave of the calendar day street structure in waiting frontage. If which the period more than business is between one street located. permits. frontage, one (1) sign may be displayed on each street frontage, up to two street frontages, if the signs are at least 200-feet apart. Temporary One (1) Temporary Temporary Promotional Banner for Banners for Banner for Apartment Apartment Apartment Communities Communities Section which shall shall be 8.84.050.S not exceed allowed a 12 square maximum of feet. 90 days per calendar year in any time configuration desired. 4 of 9 All other provisions contained in Matrix B shall remain the same except that the Section references contained in the "Sign Type Section- No." column shall be modified to reflect the changes made by Section 6 of this Ordinance and shall be reviewed for consistency with Section 8.84.050 (Signs Subject to Permits) of Title 8 of the Dublin Municipal Code. SECTION 6. Section 8.84.050 (Signs Subject to Permits) of Title 8 of the Dublin Municipal Code is hereby amended as follows: a) The following shall be deleted: L. Open House Signs. Open-House Signs are permitted subject to the following special provisions: 1. A maximum of four (4) open-house signs are permitted for each property being advertised for sale. Such signage shall not be located within the public right-of-way (which includes, but is not limited to, the sidewalk and the greenway between the sidewalk and the curb) where such signage endangers the safety of persons or property, disrupts the normal flow of vehicle or pedestrian traffic, blocks views of such traffic, blocks ingress into or egress from any residence or place of business, or restricts a sidewalk to less than thirty-two (32) inches. signage may be placed in a landscaping strip between the roadway and the sidewalk. 2. signage is prohibited in public streets and the center divider strip and/or traffic islands of public streets. 3. signage is not to be adhered or attached to any public sign post, traffic signal or utility pole. 4. Signs cannot be placed within a five (5) foot radius of a call box, fire hydrant or mail box. 5. No more than eight (8) open-house signs shall be placed at any intersection. No more than one (1) sign per property being advertised may be placed at an intersection. 6. Signs cannot have additional tags, riders, streamers, balloons or other attachments. 7. The size of the sign shall not exceed four (4) square feet per side, and the height shall not exceed three (3) feet above grade. 8. Open-house signs shall be permitted on holidays, Saturdays, Sundays and one agent tour day each week from 10:00 a.m. through sunset. 9. The City shall be authorized to assess all necessary costs for the time spent by City personnel, or its authorized agents, to remove illegally located open-house signs. In cases of repeated violations of requirements dealing with open-house signs, rights to locate new open-house signs in the City shall be forfeited. 5 of 9 10. Proper authorization by the affected private property owner shall be secured prior to placement of signs on private property. V. Window Signs. Window Signs shall not exceed twenty-five percent (25%) of the contiguous window area from which they are viewed. b) The following shall be added: Flags - AutomobileNehicles Sales. Automobile/Vehicle Sales Flags are permitted in those Zoning Districts where AutomobileNehicle Sales are permitted subject to approval of a Zoning Clearance. Automobile/Vehicle Sales Flags are subject to the following: 1. AutomobileNehicle Sales Flags shall be located on the site where the business being advertised is conducted. 2. The location of AutomobileNehicle Sales Flags shall be limited to private property light poles and shall not extend above the. top of the light pole. 3. The number of AutomobileNehicle Sales Flags shall be limited to one (1) flag per light pole, up to one-half of all light poles located on the site. 4. Automobile/Vehicle Sales Flags shall be limited to a maximum of 20 square feet and may be single sided or double sided. 5. AutomobileNehicle Sales Flags shall have a clearance of eight (8) feet above the ground and fourteen (14) feet above a driveway, alley or other vehicular access way. No flag shall project into a public right-of-way. 6. AutomobileNehicle Sales Flags shall be maintained in good condition at all times. Any flag that is faded, torn or otherwise determined by the Community Development Director to not be in good condition shall be removed upon request and may be replaced subject to compliance with Section 8.84.050.F. c) The following shall be amended to read as follows: S. Temporary Promotional Signs. Up to two (2) Temporary Promotional Signs permitted pursuant to a Zoning Clearance and may be placed on site for a maximum of twenty-one (21) consecutive calendar days per permit when used for special promotional events or needs. A minimum waiting period of twenty-one (21) consecutive calendar days between permits is required, with the exception of balloons as defined herein and temporary banners for apartment communities. A Banner Sign shall not be larger than 60 square feet in size and the sign shall not be located so that the sign is taller than the eave of the structure in which the business is located. One (1) temporary promotional sign may be displayed on a tenant's building frontage and one (1) temporary promotional sign may be displayed on the street frontage. If there is more than one street frontage, one (1) temporary promotional sign may be displayed on each street frontage (in lieu of the building frontage), up to two street frontages, if the signs are at least 200-feet apart. 6 of 9 One (1) temporary banner for apartment communities is permitted pursuant to a Zoning Clearance and may be placed on site for a maximum of ten (10) consecutive calendar days per permit when used for special promotional events or needs. A minimum waiting period of twenty (20) consecutive calendar days between permits is required. In addition, the duration in which banners may be displayed is limited to a maximum duration of 90 days per calendar year. A temporary banner sign for apartment communities shall not be larger than 12 square feet (see Section 8.84.020.6 for definition of apartment communities). Any tethered or untethered balloon of greater than 15 inches in diameter shall be permitted only as a temporary promotional sign and subject to a permit. All balloons shall be tethered to the ground only with the bottom of the balloon on the ground and shall not be permitted to be attached to any structure or vehicle. No permit(s) singularly or cumulatively shall be issued that allows any temporary promotional signs that include balloons for more than 21 days per calendar year. Zoning clearance(s) may be issued for periods less than 15 days. Up to 4 searchlights, attached to function as a single unit, are permitted as a Temporary Promotional Sign pursuant to a Zoning Clearance. No permit(s) singularly or cumulatively shall be issued that allows any temporary promotional sign(s) that include searchlights for more than 21 days per calendar year. Zoning clearance(s) may be issued for periods less than 15 days. Section 8.84.050 (Signs Subject to Permits) and Section 8.84.040 (Matrix B, Sign Development Regulations) shall be re-lettered accordingly. SECTION 7. Section 8.84.140 (Exempt Signs) of Title 8 of the Dublin Municipal Code is hereby amended to read as follows: B. Flags. The flag, or insignia of any charitable, educational, philanthropic, civic, professional or religious organization or seasonal flags. SECTION 8. Section 8.84.140 (Exempt Signs) of Title 8 of the Dublin Municipal Code is hereby amended as follows: a) The following shall be added: Open House Signs. Open-House Signs are permitted subject to the following special provisions: 1. A maximum of four (4) open-house signs are permitted for each property being advertised for sale. Such signage shall not be located within the public right-of-way (which includes, but is not limited to, the sidewalk and the greenway between the sidewalk and the curb) where such signage endangers the safety of persons or property, disrupts the normal flow of vehicle or pedestrian traffic, blocks views of such traffic, blocks ingress into or egress from any residence or place of business, 7of9 or restricts a sidewalk to less than thirty-two (32) inches. Signage may be placed in a landscaping strip between the roadway and the sidewalk. 2. Signage is prohibited in public streets and the center divider strip and/or traffic islands of public streets. 3. Signage is not to be adhered or attached to any public sign post, traffic signal or utility pole. 4. Signs cannot be placed within a five (5) foot radius of a call box, fire hydrant or mail box. 5. No more than eight (8) open-house signs shall be placed at any intersection. No more than one (1) sign per property being advertised may be placed at an intersection. 6. Signs cannot have additional tags, riders, streamers, balloons or other attachments. 7. The size of the sign shall not exceed four (4) square feet per side, and the height shall not exceed three (3) feet above grade. 8. Open-house signs shall be permitted on holidays, Saturdays, Sundays and one agent tour day each week from 10:00 a.m. through sunset. 9. The City shall be authorized to assess all necessary costs for the time spent by City personnel, or its authorized agents, to remove illegally located open-house signs. In cases of repeated violations of requirements dealing with open-house signs, rights to locate new open-house signs in the City shall be forfeited. 10. Proper authorization by the affected private property owner shall be secured prior to placement of signs on private property. Window Signs. Window Signs shall not exceed twenty-five percent (25%) of the contiguous window area from which they are viewed. b) The remainder of Section 8.84.140 (Exempt Signs) and Section 8.84.040 (Matrix B, Sign Development Regulations) shall be re-lettered accordingly to reflect the changes made by Section 8. SECTION 9. Effective Date and Posting of Ordinance This Ordinance shall take effect and be in force thirty (30) days from and after the date of its final adoption. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 39633 of the Government Code of California. 8 of 9 PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this day of , 2012, by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:IPA#120111PLPA-2011-00026 Zoning Ordinance Amendments, Update 11CC 03.06.121Att 6 CC Ord ZOA Update 1.doc 9 of 9 DRAFT ~~ OF DU~~ MINUTES OF THE CITY COUNCIL ~~ ~ OF THE CITY OF DUBLIN ~-ill-~~ ~sZ ~~ 1 REGULAR MEETING -MARCH 6 2012 ~~:' /~ ~ _<~ CLOSED SESSION A closed session was held at 6:30 p.m., regarding: CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: 1 case Facts and circumstances: Claim A regular meeting of the Dublin City Council was held on Tuesday, March 6, 2012, in the City Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:07:22 PM , by Mayor Sbranti. ROLL CALL PRESENT: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti ABSENT: PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the City Council, Staff and those present. REPORT ON CLOSED SESSION ACTION Mayor Sbranti stated there was no reportable action during Closed Session. Mayor Sbranti stated that Item 8.3 would be taken out of order. It would be heard after the Consent Calendar. DUBLIN CITY COUNCIL MINUTES 1 VOLUME 31 G~~~OF^D~er~ REGULAR MEETING !9~~~i1/~~~ March 6, 2012 ~\ '~ /// ATTACHMENT 2 DRAFT Mayor Sbranti closed the public hearing. On motion of Mayor Sbranti, seconded by Cm. ddle and by unanimous vote (Cm. Hildenbrand absent), the City Council adopted RESOLUTION NO. 31 -12 With the modification, in terw~is of cancellations, of 10 days instead of 15 and a $5 fee. Zoning Ordinance Amendments to Chapter 8.84 (Sign Regulations), PLPA-2011-00026 8:15:30 PM 6.2 Mayor Sbranti opened the public hearing. Bruce Fiedler, Dublin resident, provided public comments regarding the proposed amendments to the ordinance. Taz Harvey, representative of Dublin Honda, provided public comments regarding the proposed amendments to the ordinance. Mayor Sbranti closed the public hearing. By consensus, the City Council directed Staff to further research options for quality control of temporary signs; and also with an option of three weeks on, six weeks off of tem First Reading of Ordinance Amendina the Dublin Munii 9:03:07 PM 6.3 ~ Mayor Sbranti op~ried the public hearing. No testimony,~ias received by any member of the public relative to this issue. 0 Mayor Sb~a~nti closed the public hearing. DUBLIN CITY COUNCIL MINUTES 5 VOLUME 31 G`,~~oFOOe~ REGULAR MEETING !a~~~~~ March 6, 2012 ~\ '~ /~ ~4GlYbR~~ RESOLUTION NO. 12 - XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL AMEND CHAPTER 8.84 (SIGN REGULATIONS) OF THE ZONING ORDINANCE TO CHANGE THE AMOUNT OF TIME THAT TEMPORARY PROMOTIONAL SIGNS ARE ALLOWED TO BE DISPLAYED PLPA-2011-00026 WHEREAS, in August 2011 the City initiated amendments to the Zoning Ordinance to bring greater clarity and consistency to existing regulations; and WHEREAS, amendments were proposed to Chapter 8.40 (Accessory Structures and Uses Regulations), Chapter 8.76 (Off-Street Parking and Loading Regulations), Chapter 8.84 (Sign Regulations), and Chapter 8.108 (Temporary Use Permit) (collectively "the Zoning Ordinance Amendments"); and WHEREAS, on August 23, 2011, the Planning Commission reviewed the Zoning Ordinance Amendments and recommended City Council adoption; and WHEREAS, on October 4, 2011, the City Council introduced an Ordinance to adopt the proposed Zoning Ordinance amendments with the exception of Chapter 8.84 (Sign Regulations); WHEREAS, the City Council directed Staff to hold a Town Hall Meeting to obtain input from interested members of the community on the proposed changes to the Sign Regulations Chapter; and WHEREAS, on October 18, 2011, the City Council adopted the Zoning Ordinance Amendments with the exception of Chapter 8.84 (Sign Regulations); and WHEREAS, on February 9, 2012 a Town Hall Meeting was held to solicit input from the community on the proposed changes to the Sign Regulations Chapter; and WHEREAS, five members of the public attended the Town Hall Meeting in addition to two Councilmembers and Staff; and WHEREAS, Staff presented the proposed amendments to the Sign Regulations Chapter and solicited feedback from attendees; and WHEREAS, at the March 6, 2012 City Council meeting, Staff presented the feedback received from the Town Hall Meeting and were directed to modify the proposed amendments to the Sign Regulations Chapter with respect to the amount of time that Temporary Promotional Signs are allowed to be displayed; and 1 of 3 ATTACHMENT 3 WHEREAS, Government Code section 65857 provides that where a city council modifies a proposed ordinance that has been reviewed by a planning commission, said modification must first be referred to the planning commission for report and recommendation; and WHEREAS, the California Environmental Quality Act (CEQA), together with State Guidelines and City Environmental Regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, pursuant to the CEQA, Staff is recommending that the proposed Ordinance be found exempt from CEQA per CEQA Guidelines Section 15061(b)(3). Section 15061(b)(3) states that CEQA applies only to those projects that have the potential to cause a significant effect on the environment. The adoption of the proposed Ordinance is exempt from CEQA because the Ordinance does not, in itself, allow the construction of any building or structure, but it sets forth the regulations that shall be followed if and when a building or structure is proposed to be constructed or a site is proposed to be developed. This Ordinance of itself, therefore, has no potential for resulting in significant physical change in the environment, directly or ultimately; and WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission recommending that the City Council modify an amendment to Chapter 8.84 (Sign Regulations) to change the amount of time that Temporary Promotional Signs are allowed to be displayed; and WHEREAS, the Planning Commission held a public hearing on said modification on March 27, 2012; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the modification. NOW THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission, for the reasons discussed in the Staff Report, recommends that the City Council modify the proposed amendments to the Sign Regulations Chapter to change the amount of time that a temporary promotional sign can be displayed by increasing the waiting period between permits to 42 days. PASSED, APPROVED AND ADOPTED this 27~h day of March 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair 2 of 3 ATTEST: Planning Manager G:IPA#120111PLPA-2011-00026 Zoning Ordinance Amendments, Update 11PC 03.27.121PC Reso 03.27.12.doc 3 of 3