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HomeMy WebLinkAbout09-25-2012 - AgendaPlanning Commission Regular Meeting City of Dublin September 25, 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 – September 11, 2012 5. ORAL COMMUNICATION - At this time, members of the public may address the Planning Commission on any non-agendized item(s) of interest to the public. In accordance with State Law, no action or discussion may take place on any item not appearing 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. Any member of the public may contact the Assistant Community Development Director regarding proper procedure to place an item on a future Planning Commission agenda. 6. CONSENT CALENDAR 7. WRITTEN COMMUNICATIONS 8. PUBLIC HEARINGS 8.1 PLPA-2012-00036 Concord Feed Outdoor Display Conditional Use Permit 8.2 PLPA-2012-00034 Citibank Landscaping Site Development Review, 7889 Dublin Boulevard 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) 1(CA)o STAFF REPORT PLANNING COMMISSION dLIFOR� DATE: September 25, 2012 TO: Planning Commission O: Planni g Comm ss on SUBJECT: PUBLIC HEARING: PLPA-2012-00036 Concord Feed Outdoor Display Conditional Use Permit Prepared by Kristi Bascom, Principal Planner EXECUTIVE SUMMARY: The Applicant is requesting a Conditional Use Permit to allow permanent Outdoor Display at an existing retail store at 7100 Dublin Boulevard (Concord Feed) 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 for "Retail — Outdoor Storage" at an existing retail store at 7100 Dublin Boulevard (Concord Feed). \1rSubmitted By R:it-wed By Principal Planner Assistant Community Development Director COPIES TO: Applicant File Q ITEM NO.: U • Page 1 of 4 G:IPA#12012IPLPA-2012-00036 Concord Feed CUPIPCSR Concord Feed CUP.doc DESCRIPTION: Figure 1: Project Vicinity # % " '¢cps r -' : The project site is ... 4j F located at 7100 Dublin , , 7 ~- �.1 � . x Boulevard, near the °' � � � .r intersection of Dublin � , �,. E t?SfRS0 � , Boulevard and Village .: � � � � . ; b Blvd .. , "` ~.., ' Iii Y. Parkway. The 2.92-acre � ,�,.' - "`�,*� �x�,�; �� ��: site is a small, three- "` 4 . `~ ./ building neighborhood , ', -�_ shopping center, known �� � ��` , 'ire, ,� �" _ o �`�� �� ,- -, as Dublin Crossroads, � -,.-,.....' iiir,*that contains a variety of I-680 , �' - F r K , ,,{ ,,,i s retail, service, and „ yp ` , " restaurant uses \ ', '‘,7.;` .ah; _ „.> a Concord Feed has . . r , . r., h.. Project Site . civic occupied a 5,400 square - � C �� � meter; foot building within the " �,: , :�' ' Dublin Crossroads ' Shopping Center for several years. Access to the shopping center is provided from multiple driveways on both Dublin Boulevard and Village Parkway. The project vicinity is depicted in Figure 1. The project site has a General Plan Land Use Designation of Retail/Office and is located in the C-2 (General Commercial) Zoning District. The Applicant's request is to be able to display merchandise in front of the store during open hours. The proposed outdoor display area is shown below in Figure 2. ANALYSIS: The outdoor display, storage and sa Figure 2: Concord Feed Outdoor Display il les of materials for a retail use ("Reta — Outdoor Storage") is subject to approval of a Conditional Use Permit .���1 Outdoor Display Area by the Planning Commission in the C- ' 2 Zoning District. Concord Feed is a Proposedbcatloafor ��`�•,�/rig f mazunum of five 4'x4' retail establishment that sells products ona'bl:acf:',.` aeea' y ►4/ related to livestock, animals, and pets, / and is therefore allowed to have '...` outdoor storage of merchandise pursuant to a Conditional Use Permit. 1`"`q ��NcoRo The Written Statement the Applicant g'�, provided when they filed their Q j application states that they'd like to �� \� use the front of their store to better �, serve their customers. Concord Feed �``� sells chicken and horse feed and other \ products in large 50 pound bags. 2 of 4 Many customers buy several bags at a time, necessitating several trips to and from inside the store. The desire is to be able to place these large bags outside near the parking field so they can be more easily loaded into customer vehicles. The merchandise display area would be large enough to accommodate a maximum of five 4 foot by 4 foot pallet frames — approximately 125 square feet total. The pallet frames (Attachment 1, Exhibit A) are small structures that wooden pallets of feed and/or other large bags are set within. The pallet frames provide a uniform look to the outdoor display and screens the actual wooden pallet itself from view. Exhibit B to Attachment 1 illustrates the permitted outdoor display area. Conditions of Approval (COAs) have been placed on the project to ensure a safe and attractive display environment (Attachment 1). The key conditions pertain to restricting the outdoor display to the area noted on the site plan (COA no. 1), requiring that outdoor display be limited to uniform items that are delivered and displayed on a pallet (COA no. 10), prohibiting outdoor display of other items (such as animal cages, dog houses) (COA no. 10), limiting the outdoor display to the hours that Concord Feed is open to the public (COA no. 17), and requiring that safe pedestrian access be provided on the sidewalk at all times (COA no. 22). ENVIRONMENTAL REVIEW: 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 when applicable, environmental documents prepared. Staff is recommending that the Conditional Use Permit to allow permanent Outdoor Display at Concord Feed be found exempt from CEQA pursuant to Section 15301 (Existing Facilities). CONSISTENCY WITH THE GENERAL PLAN AND ZONING ORDINANCE: The project site is designated Retail/Office in the General Plan. The project site is located in the C-2 (General Commercial) Zoning District. The project is consistent with Development Regulations for this zoning district as described in Chapter 8.36 of the Zoning Ordinance, including maximum building height and required setbacks. REVIEW BY APPLICABLE DEPARTMENT AND AGENCIES: The Building Division, Fire Prevention Bureau, Public Works Department, Dublin Police Services, and Dublin San Ramon Services District have reviewed the project and provided Conditions of Approval where appropriate to ensure that the project is established in compliance with all local ordinances and regulations. NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with State law, a Public Notice was mailed to all property owners and occupants within 300-feet of the proposed project. The Public Notice was also published in the Valley Times and posted at several locations throughout the City. To date, the City has received no comments from surrounding property owners regarding the Project. A copy of this Staff Report was provided to the Applicant. ATTACHMENTS: 1) Resolution approving a Conditional Use Permit for "Retail — Outdoor Storage" at an existing retail store at 7100 Dublin Boulevard (Concord Feed), with the approved Pallet Frame attached as Exhibit A and Site Plan attached as Exhibit B. 3 of 4 GENERAL INFORMATION: APPLICANT: Dwight Greenhouse, Concord Feed, 7100 Dublin Blvd., Dublin, CA 94568 PROPERTY OWNER: Ready Family Partnership LP, do Shelter Bay Retail Group, 655 Redwood Highway, Suite 177, Mill Valley, CA 94901 LOCATION: 7120 Dublin Boulevard ASSESSORS PARCEL NUMBER: APN 941-1401-02-00 GENERAL PLAN LAND USE DESIGNATION: Retail/Office SPECIFIC PLAN LAND USE DESIGNATION: N/A SURROUNDING USES: LOCATION ZONING GENERAL PLAN LAND USE CURRENT USE OF PROPERTY DDZD, Downtown Dublin North C-2 (Village Parkway District), Retail, Restaurant Retail/Office South C-O Business Park/Industrial Business Park/Offices East C-O Business Park/Industrial Business Park/Offices West DDZD Downtown Dublin Restaurant (Village Parkway District) RESOURCES: General Plan Zoning Ordinance 4 of 4 RESOLUTION NO. 12-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT FOR "RETAIL — OUTDOOR STORAGE" AT AN EXISTING RETAIL STORE AT 7100 DUBLIN BOULEVARD (CONCORD FEED) PLPA-2012-00036 WHEREAS, the Applicant, Dwight Greenhouse of Concord Feed, has submitted an application for a Conditional Use Permit to allow permanent outdoor display (Retail — Outdoor Storage) at 7100 Dublin Boulevard within a portion of the Dublin Crossroads Shopping Center; and WHEREAS, Concord Feed, a retail store, is located on a parcel that has a General Plan Land Use Designation of Retail/Office and is located in the C-2 (General Commercial) Zoning District; and WHEREAS, "Retail — Outdoor Storage" is the outdoor storage and sales of materials for "Retail — General" Use Types and is subject to approval of a Conditional Use Permit by the Planning Commission in the C-2 Zoning District; and WHEREAS, the Applicant submitted a complete application for a Conditional Use Permit for "Retail — Outdoor Storage"; 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 CEQA, Staff is recommending that the Conditional Use Permit for "Retail — Outdoor Storage" for Concord Feed be found exempt from CEQA pursuant to 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 request; and WHEREAS, the Planning Commission held a public hearing on said application on September 25, 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 and determinations regarding the Conditional Use Permit application: ATTACHMENT 1 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 compatible with the existing retail store which is a permitted use in the C-2 Zoning District; 2) the merchandise stored outdoors consists of uniform bags of feed and other materials displayed on pallets, which is also available inside the retail store; and 3) existing transportation and services facilities are adequate to serve the retail store and additional demand will not be placed on them with the establishment of outdoor display of merchandise. 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 has been conditioned to comply with all State of California and Dublin Municipal Code requirements for accessibility to ensure that proper pedestrian access is maintained at all times around the outdoor merchandise; and 2) the Project has been conditioned to store all merchandise indoors after normal business hours to avoid theft or vandalism of merchandise. C. It will not be injurious to property or improvements in the neighborhood in that: 1) the Project includes the placement of a maximum of five pallets on pallet frames outside an existing retail store, which will not be permanently fixed to the ground, and as a result will not damage existing improvements in front of the store. 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 be located on a fully developed site that is served by existing utilities and services; and 2) the Project will not create a demand for additional utilities or services beyond that which already exists to serve the retail store. 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 site contains a 5,600 square foot freestanding building which is solely occupied by an existing retail store and the Project compliments the retail store through the orderly and uniform outdoor display of the same type of merchandise that is available inside the store; and 2) the proposed display area is recessed against the storefront windows and is conducive for outdoor display of merchandise while still providing adequate pedestrian access and circulation to the store. 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 supports an existing retail store and is compatible with the C-2 Zoning District in which it is located; and 2) adequate parking exists to serve the Project in accordance with Chapter 8.76 (Off-Street Parking and Loading Regulations). G. It is consistent with the Dublin General Plan and with any applicable Specific Plans in that: 1) the Project is an extension of an existing retail use which is consistent with the Retail/Office General Plan Land Use for the site; and 2) the Project is consistent with the C-2 (General Commercial) Zoning and allows "Retail — Outdoor Storage" as a conditionally permitted use. 2 of 6 BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby a pp rove a Conditional Use Permit to allow permanent outdoor display (Retail — Outdoor Storage) at 7100 Dublin Boulevard (within a portion of the Dublin Crossroads Shopping Center) as shown on the project plans date stamped received by Dublin Planning on July 13, 2012 subject to the following conditions: CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to establishment of use and shall be subject to Planning Division review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [PL] Planning; [B] Building; [PO] Police; [PIN] 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. When NO. CONDITIONS OF APPROVAL Agency Required, Source Prior to: GENERAL _ 1. Approval. This Conditional Use Permit approval PL On-going Planning for PLPA-2012-00036 Concord Feed Outdoor Display is for the permanent placement of up to five four foot by four foot pallet frames with pallets only in the locations shown on the project plans attached as Exhibit B, except as modified by the Conditions of Approval contained herein. The design of the pallet frames shall be as depicted in the photograph attached as Exhibit A. 2. Permit Expiration. Construction or use shall PL One year DMC commence within one (1) year of Permit approval, from Permit 8.96.020. or the Permit shall lapse and become null and approval D void. Commencement of construction or use means the actual construction or use pursuant to the permit approval, or demonstrating substantial progress toward commencing such construction or use. 3. Time Extension. The original approving decision- PL One year DMC maker may, upon the Applicant's written request from Permit 8.96.020. for an extension of approval prior to expiration, approval E and upon the determination that any Conditions of Approval remain adequate to assure that applicable findings of approval will continue to be met, grant a time extension of approval for a period not to exceed 6 months. All time extension requests shall be noticed and a public hearing or public meeting shall be held as required by the 3 of 6 particular Permit. 4. Approval Period. This Conditional Use Permit PL On-going Planning approval shall be null and void in the event the approved use and/or structures cease to operate for a continuous one-year period. 5. Annual Review. On an annual basis, this PL On-going Planning Conditional Use Permit approval may be subject to review by the Community Development Department to determine compliance with the Conditions of Approval. 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). Any violation of the terms of the terms and conditions of this Permit may be subject to the issuance of a citation. 7. Minor Amendments. Modifications or changes PL On-going DMC to this approval may be considered and approved 8.100.080 by the Community Development Director if the modifications or changes proposed comply with Section 8.100.080 (Amendments) of the Zoning Ordinance. 8. Clarifications and Changes to the Conditions. PL On-going Planning In the event that there needs to be clarification to these Conditions of Approval, the Community Development Director has the authority to clarify the intent of these Conditions of Approval. Any clarification to these Conditions of Approval shall be documented in writing, signed by the Community Development Director and placed in the project file. The Community Development Director also has the authority to make minor modifications to these Conditions of Approval without going to a Public Hearing in order for the Applicant to fulfill the requirements of the Permit approval. 9. Hold Harmless/Indemnification. The Applicant ADM On-going Admin./ shall defend, indemnify, and hold harmless the City City of Dublin and its agents, officers, and Attorney 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 4 of 6 or other applicable law; provided, however, that the Applicant's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying the Applicant of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. PLANNING 10. Outdoor Display. No items other than uniform PL On-going Planning merchandise delivered and displayed on a pallet are permitted to be displayed outdoors. Other items such as animals, animal cages, animal houses, or other non-uniform items that are not delivered and displayed on pallets are prohibited from being placed outdoors. All pallet frames shall be the same design, size and color. A maximum of five pallets in frames are permitted to be displayed outdoors. Pallets loaded with materials are permitted to be displayed outdoors only if placed in the pallet frames. 11. All Uses Conducted Indoors. Except as PL On-going Planning otherwise approved as part of this Conditional & Use Permit, or otherwise allowed under Chapter DMC 8.108 (Temporary Use Permit), all activities 8.108 associated with the business shall be conducted indoors at all times. 12. Sales Transactions. All sales transactions shall PL On-going Planning be conducted inside the building. 13. Loudspeakers and/or Amplified Music. No PL On-going Planning loudspeakers or amplified music shall be placed or project outside of the building at any time. 14. Property Maintenance. The Applicant/Tenant PL On-going DMC shall keep the property maintained in a safe, 5.64 clean, and litter-free condition at all times. 15. Nuisance. The Applicant/Tenant shall control all PL On-going Planning activities on the project site so as not to create a nuisance to surrounding businesses and residents. 16. Temporary Promotional Banners and PL On-going DMC Balloons. The use of Temporary Promotional 8.84.050. Banners and/or Balloons shall be subject to S approval of a Zoning Clearance and compliance with 8.84.050.S (Temporary Promotional Signs) of the Dublin Zoning Ordinance. 17. Merchandise Storage. The Applicant/Tenant PO On-going Police shall bring all merchandise and products indoors during the hours that the store is closed for business in order to avoid theft and vandalism of merchandise. 5 of 6 18. Graffiti. The Applicant/Tenant shall keep the site PO On-going Police clear of graffiti vandalism on a regular and continuous basis at all times. 19. Theft Prevention and Security Program. The PO On-going Police Applicant/Tenant shall work with Dublin Police on an on-going basis to establish an effective theft prevention and security program. 20. Prohibited Signage. The use of any A-Frame, PL On-going DMC Portable Sign, or Sandwich Board Sign, or any 8.84.150 other sign contained in Section 8.84.150 (Prohibited Signs) of the Dublin Zoning Ordinance, is strictly prohibited. BUILDING 21. Building Codes and Ordinances. All project B Through Building construction shall conform to all building codes Completion and ordinances in effect at the time of building permit. 22. Accessibility. The outdoor storage bins shall not B On-going Building impede and/or violate any accessible code requirements as mandated by the State of California or the Dublin Municipal Code. PASSED, APPROVED AND ADOPTED this 25th day of September 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Assistant Community Development Director G.IPA#120121PLPA-2012-00036 Concord Feed CUPIPC Reso Concord Feed CUP.doc 6 of 6 Photos of Pallet Frames (bases)to be utilized at Concord Feed: r..- r.. t-',,' ,-, ,-: .•. s, -. ,.., ,.,. , ..,4.4.,..„.......,.. ..„..„,...., ,-----'-! ,- t , - 1,,,--.4',.••. i... . i., , . • ',' . .., s . --.... k.. 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'��,�tiy '� a �T�� a Cj '1;1,!,{t Y. � P s�i� � L �Y Eay 3 ua`� � '`a:�r. 6 e ' '',P `},'' '' � itsy` � u afi ` n �`�s � ^fib S.-4,-.1)' ,tel , EXHIBIT B TO VP ATTACHMENT I G~��OF DU��� n� STAFF REPORT PLANNING COMMISSION DATE: September 25, 2012 TO: Planning Commission SUBJECT: PUBLIC HEARING: PLPA-2012-00034 Citibank Landscaping Site Development Review, 7889 Dublin Boulevard Report prepared by Seth Adams, Assistant Planner EXECUTIVE SUMMARY: The Applicant has requested Site Development Review approval to remove four (4) mature pine trees that an arborist has determined poses a hazard. The Applicant proposes to replace these pine trees with new trees and groundcover to match the existing landscaping on the adjoining Sports Authority parcel. The project also includes the repair and replacement of curb, sidewalk, and parking lot paving that has been damaged by tree roots, minor site improvements, and ADA upgrades including detectable warning surfaces. No changes to the building are proposed. 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 Site Development Review for the removal of four pine trees, and the installation of new landscaping and site improvements at the Citibank Financial Center at 7889 Dublin Boulevard. Submitted By sewed By Assistant Planner Acting Community Development Director COPIES TO: Applicant File 8',ITEM NO.: Page 1 of 5 G:IPA#120121PLPA-2012-00034 Citibank Landscape SDRIPC 9.25.121PCSR Citibank 9 25 12.doc DESCRIPTION: Figure 1: Project Site .* The project site is on the northeast corner of Dublin Boulevard and Regional ' , *4':taw Street at 7889 Dublin Boulevard. its Authr� Adjacent and nearby properties include ' �� Sports Authority to the east, and the retail center containing Burger King, Ross, and � Michaels to the south across Dublin Boulevard. The project site is �' '� '} r _" approximately .54 acres. The site has , '4: two existing buildings; the Citibank k _� P °tect financial center, and a small office ` �� � Site,s- * building that is connected to the financial � �� to � � center by a covered breezeway. Access '4I' .: - * 4' to the site is provided from driveways on Dublin Boulevard and Regional Street a4 � that are shared with the adjacent Sports �� Authority parcel. The project site is depicted in Figure 1. The project site has a General Plan and Downtown Dublin Specific Plan Land Use Designation of Downtown Dublin-Retail District, and is zoned Downtown Dublin Zoning District. Banks and Financial Services are permitted uses throughout the Downtown Dublin Zoning District. The Applicant is requesting approval of a Site Development Review Permit to remove four (4) mature pine trees from the existing landscape planters along the north and east boundaries of box Chinese Pistache trees and one 1 36 -inch the site, and replace them with four (4) 36 inch bo ( ) box Olive tree. Surrounding the base oft each replacement tree, the Applicant is proposing to install shrubs and plants that will mirror the landscaping used in the adjacent Sports Authority parking lot. The project also includes repaving the Citibank parking lot and portions of the shared driveways, a well as repairing landscape planter curbing that has been damaged by the pine tree root systems. Other minor site improvements included in the project are the addition of ADA upgrades including new detectable warning surfaces, and the repair of a walkway and two small sections of sidewalk in the City right-of-way along Regional Street. ANALYSIS: Site Development Review Site Development Review is required for all development in the Downtown Dublin Zoning District (DMC Section 8.30.040), and the Director of Community Development has the authority to refer an application to the Planning Commission at his/her discretion because of policy implications, unique or unusual circumstance, or the magnitude of the project (DMC Section 8.96.020.C.1). Due to the size, age, and prominent location of the four pine trees proposed for removal, as well as the aesthetic changes that would result from their removal, this project is being referred to the Planning Commission for a decision. 2 of 5 Tree Removal The four pine trees proposed for removal are located in landscape planters along the east and north sides of the Citibank parcel. They range in height from 35 to 50 feet. Roots from the trees have lifted sections of the parking lot and driveway pavement, and broken through the concrete landscape planter curbing. Photographs of the trees and property damages are located in the consulting arborist's report (Attachment 1, pages C-1 through C-8). Several years ago Citibank attempted to prune the tree roots and repair damaged sections of pavement, but the roots have since rebounded and once again lifted and cracked the pavement surface. Citibank has also received complaints of tree sap and pine cones falling on customer vehicles in the parking lot. In order to determine if removal of the pine trees is justifiable, the City retained a consulting arborist to evaluate the overall health and structural integrity of the trees and to peer review the Applicant's arborist report. The consulting arborist's full report is included in this Staff Report as Attachment 1. The consulting arborist found that the four pine trees in question appear to be healthy and vigorous, but their structures have major defects that present significant potential for trunk and large limb failure. The consulting arborist's report states that while regular pruning may help reduce the risk of limb failure, a frequent occurrence with these trees; it is trunk failure that presents the greatest threat to persons and property. While tree trunks can sometimes be pruned or reduced in size, the consulting arborist believes that doing so would adversely misshape and distort their natural form, and potentially weaken the integrity of adjacent trunks. In evaluating the damage to the site caused by root and trunk expansion, the consulting arborist found that it could be addressed through root pruning and enlarging the existing planters, but roots would return in a few years and again damage any new parking surface. Roots within or near the existing landscape planters cannot be pruned without jeopardizing the trees' stability and health, and in order to avoid this the planters would need to be enlarged significantly; however, the necessary enlargement would result in a loss of parking spaces and limit drive accessibility into and around the Citibank parking lot. For these reasons the consulting arborist concluded that: (1) the trees present an unreasonable threat to the safety of persons and property within striking distance below; (2) employing measures to reduce the potential threat to insignificant levels would only worsen the trees' condition, not provide effective control, nor be practical or reasonable; and (3) any measures employed to reasonably and effectively mitigate the damage, risks and liability associated with the parking lot damage would only severely impair the pines' structural integrity and create an increased safety threat to persons and property. Site Improvements As noted in the introduction to this report, the Applicant has proposed to remove four pine trees and replace them with four 36-inch box Chinese Pistache trees, and install shrubs and plants to match the existing landscaping in the adjoining Sports Authority parking lot (Attachment 2, Sheets L.1-L.3). In addition, a 36-inch box, non-fruit bearing Olive tree would also be planted to match an existing Olive tree on the Citibank site. Whereas presently all of the four pine trees are surrounded solely by ivy groundcover that is sparse in many areas, at maturity the proposed new landscaping will result in more colorful and appropriately scaled landscape planters. Other site improvements include repairing the damaged landscape planter curbing; repaving of the Citibank parking lot and portions of the shared driveways; the addition of detectable warning surfaces at the parking lot edges; and the repair of a walkway on the Citibank site as well as two sections of damaged sidewalk within the City right-of-way along Regional Street (Attachment 2, Sheets C.1 and C.2). 3 of 5 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 when applicable, environmental documents prepared. For this project, Staff recommends that the project be found exempt from the California Environmental Quality Act (CEQA) in accordance with Section 15301 (Existing Facilities involving negligible or no expansion of an existing use). CONSISTENCY WITH THE GENERAL PLAN, DOWNTOWN DUBLIN SPECIFIC PLAN AND ZONING ORDINANCE: The Project is consistent with the General Plan in that it will create formal, distinctive landscaping that is aesthetically appealing from the public realm. The Project is consistent with the Downtown Dublin Specific Plan in that it will provide landscaped buffers along the perimeter of the parking area that include a variety of trees, shrubs, and groundcovers. The Project is consistent with the Zoning Ordinance which requires Site Development Review for all development within the Downtown Dublin Zoning District, and Site Development Review approval is being sought; and the Project promotes health, safety and general welfare in that the trees pose a threat to the safety of persons and property. REVIEW BY APPLICABLE DEPARTMENT AND AGENCIES: The Building Division, Fire Prevention Bureau, Public Works Department, and Dublin San Ramon Services District have reviewed the project and provided Conditions of Approval where appropriate to ensure that the project is established in compliance with all local Ordinances and regulations. NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with State law, a Public Notice was mailed to all property owners and occupants within 300-feet of the proposed project. The Public Notice was also published in the Valley Times and posted at several locations throughout the City. To date, the City has received no comments from surrounding property owners regarding the Project. A copy of this Staff Report was provided to the Applicant. ATTACHMENTS: 1) Consulting Arborist's Report prepared by David L. Babby, dated August 2, 2012. 2) Project Plans prepared by Pavement Engineering Inc., dated received August 21, 2012 by Dublin Planning. 3) Resolution approving Site Development Review for the removal of four pine trees and the installation of new landscaping and site improvements at the Citibank Financial Center at 7889 Dublin Boulevard. 4of5 GENERAL INFORMATION: APPLICANT: Mike Wasden, Pavement Engineering, Inc., 3820 Cypress Drive #3, Petaluma, CA 94954 PROPERTY OWNER: Micah Stevens, Citibank, One Sansome Street, San Francisco, CA 94010 LOCATION: 7889 Dublin Boulevard ASSESSORS PARCEL NUMBER: 941-0035-018-00 GENERAL PLAN LAND USE DESIGNATION: Downtown Dublin-Retail District SPECIFIC PLAN LAND USE DESIGNATION: Downtown Dublin Specific Plan, Downtown Dublin-Retail District SURROUNDING USES: LOCATION ZONING GENERAL PLAN LAND USE CURRENT USE OF PROPERTY North DDZD Downtown Dublin-Retail District Commercial South DDZD Downtown Dublin-Transit-Oriented Commercial District East DDZD Downtown Dublin-Retail District Commercial West DDZD Downtown Dublin-Retail District Commercial RESOURCES: General Plan Downtown Dublin Specific Plan Zoning Ordinance 5 of 5 ARBOR RESOURCES professional consulting arborists and tree care TREE REMOVAL REPORT CITIBANK 7889 DUBLIN BOULEVARD DUBLIN, CALIFORNIA Submitted to: Mr. Seth Adams Planning Division City of Dublin Dublin, CA 94568 Prepared by: David L. Babby Registered Consulting Arborist® #399 Board-Certified Master Arborist#WE-4001B August 2, 2012 p.o. box 25295, an mateo, caltfornia 94402 • email: arborresources @comcast.net phone: 650.654.3351 • fax: 650.240.0777 • licensed contractor #796763 ATTACHMENT 1 David L. Babby, Registered Consulting Arborist® August 2, 2012 TABLE OF CONTENTS SECTION TITLE PAGE 1.0 INTRODUCTION 1 2.0 OBSERVATIONS 2 3.0 DISCUSSION 3 4.0 CONCLUSIONS 4 5.0 ASSUMPTIONS AND LIMITING CONDITIONS 5 EXHIBITS EXHIBIT TITLE A TREE INVENTORY TABLE (one sheet) B AERIAL MAP (one sheet) C PHOTOGRAPHS (eight sheets) i David L. Babby, Registered Consulting Arborist® August 2, 2012 1.0 INTRODUCTION The City of Dublin has retained me to review an application for removing four pine trees from the property at Citibank, 7889 Dublin Boulevard, located at the northeast corner of Dublin Boulevard and Regional Street, Dublin, California; to my understanding, the removals are a component of improvements to the parking lot, sidewalks and landscape surrounding the Citibank building. Specific tasks performed for my review are as follows: • Visit the site on 7/28/12 to identify the four pines, locations and existing site conditions. • Measure the diameters of each trunk at 54 inches above grade or where appropriate to best represent trunk size; all diameters are rounded to the nearest inch. Trees listed with more than one diameter consist of multiple trunks. • Ascertain each tree's health and structural integrity, and assign an overall condition rating (e.g. good, fair or poor). • Note any significant structural defects or health issues. • Obtain photographs; see Exhibit C. • Review the applicant's letter, dated 7/10/12, and an arborist evaluation summary, dated 5/10/12 (including the site plan and photo attachments). • Utilize tree numbers shown on the site plan, and for identification purposes, affix tags (rectangular aluminum) with those corresponding numbers to the trunks, and show the numbers on an aerial photograph derived from Google Earth. Note that the tree numbers shown on photographs included with the applicant's letter differ from those identified on the site plan and arborist summary. • Prepare this report presenting my observations, conclusions and recommendations, and email it as a PDF document. Citibank, 7889 Dublin Boulevard, Dublin, CA Page 1 of 5 City of Dublin Planning Division David L. Babby, Registered Consulting Arborist® August 2, 2012 2.0 OBSERVATIONS The four pines proposed for removal consist of one Canary Island pine (#1) and three Italian stone pines (#2 thru 4). Specific information regarding each tree is presented within the table in Exhibit A. Their approximate locations can be viewed on the aerial map in Exhibit B, and photographs are presented in Exhibit C. My evaluation reveals the trees appear healthy and vigorous, and provide notable canopy cover and shade element for the parking lot. Their structures, however, have major defects that result in a significant potential for trunk and large limb failure. Tree #1 is formed by four leaders that would require substantial pruning and monitoring over the years to reduce any risk to less-than-significant. Trees #2 thru 4 have multiple trunks that grow against another for lengthy distances, a condition that interferes with normal trunk expansion, forms very weak attachments between the trunks, and results in those trunks (one or more) becoming highly prone to failure. There are many bumps or mounds throughout the parking lot and along the adjacent drive aisle (the aisle between Dublin Boulevard and the site). These bumps have created a highly unlevel parking lot surface for both pedestrians and vehicular traffic, and are a result of root growth of the pines within the base material, or between the base and asphalt surface. The most notable damage results from Italian stone pines, which is a common occurrence for these pines situated in a hardscape or parking lot setting. I also observed that the concrete perimeters (and several feet beyond) of all planters have been raised, damaged and/or pushed away on one or more sides due to the normal expansion of trunks and buttress roots. This level of damage is a result of tree trunks and root mass outgrowing inadequately-sized planters. Targets beneath and/or within striking distance of the subject trees seemingly include persons, vehicles, parking lot and the building, all of which can be considered frequent or constantly used. Citibank, 7889 Dublin Boulevard, Dublin, CA Page 2 of 5 City of Dublin Planning Division David L. Babby, Registered Consulting Arborist® August 2, 2012 3.0 DISCUSSION It is my experience that when pines with weak structures, particularly stone pines, the failure of one or more trunks becomes highly probable in the very near future. The potential for the risk to be reduced to less-than-significant levels becomes impractical and unreasonable for such large pines due to their maturity, large size and excessive weight. Frequent pruning, such as every year or two at the most, may help to minimize the risk of limb failure, which is a frequent occurrence of these trees, but trunk failure presents the greatest threat to persons and property. Pruning or reducing the trunks of these pines would adversely misshapen and distort their natural form, and can potentially weaken the integrity of adjacent trunks. Regarding damage caused by root and trunk expansion, it can be addressed through a combination of root pruning and significantly enlarging the planters. Regarding root pruning, roots surfacing and causing mounds in the parking lot area could be selectively and likely successfully pruned to establish a level surface, however, they will return in as Y YP Y soon as a few years, and proceed to damage any new parking surface. Roots within or very near the planters could not be pruned without jeopardizing the trees' stability, health, and creating a severe safety threat to persons and property. To avoid this, the existing planters would require enlarging, and to the significant extent needed, would seemingly eliminate many parking spaces and potentially severely limit drive accessibility into and around the parking lot. Consequently, the economic enjoyment of the property may be restricted by limiting the use of property in a manner not typically experienced by owners of similarly zoned and situated property. Citibank, 7889 Dublin Boulevard, Dublin, CA Page 3 of 5 City of Dublin Planning Division David L. Babby, Registered Consulting Arborist® August 2, 2012 4.0 CONCLUSIONS Based on my review and information presented in this report, I conclude the following: • The pines, particularly #2 thru 4, present an unreasonable threat to the safety of persons and property within striking distance below. • Employing measures to reduce the potential threat to insignificant levels would only worsen the trees' condition, not provide effective control, nor be practical or reasonable. • Any measures employed to reasonably and effectively mitigate the damage, risks and liability associated with the parking lot damage would only severely impair the pines' structural integrity, and create an increased safety threat to persons and property. Citibank, 7889 Dublin Boulevard, Dublin, CA Page 4 of 5 City of Dublin Planning Division David L. Bobby, Registered Consulting Arborist® August 2, 2012 5.0 ASSUMPTIONS AND LIMITING CONDITIONS • All information presented herein covers only those trees and the areas examined, and reflects the trees' size and condition at the time of my observations on July 28,2012. • My observations were performed visually without probing, coring, dissecting or excavating. I cannot, in any way, assume responsibility for any defects that could only have been discovered by performing the mentioned services in the specific area(s)where a defect was located. • The assignment pertains solely to the four subject pines. I hold no opinion towards other trees on or surrounding the project area. • I cannot provide a guarantee or warranty, expressed or implied, that deficiencies or problems of any trees or property in question may not arise in the future. • No assurance can be offered that if all my recommendations and precautionary measures (verbal or in writing)are accepted and followed,that the desired results may be achieved. • All information presented on the plans reviewed is assumed to be correct. I cannot guarantee or be responsible for the accuracy of information provided by others. • I assume no responsibility for the means and methods used by any person or company implementing recommendations presented in this report. • The information provided herein represents my opinion. Accordingly, my fee is in no way contingent upon the reporting of a specified finding, conclusion or value. • This report is proprietary to me and may not be copied or reproduced in whole or part without prior written consent. It has been prepared for the sole and exclusive use of the parties to who submitted for the purpose of contracting services provided by David L. Babby. • Should any part of this report be lost or altered,the entire evaluation shall be invalid. Prepared By: i1� n David L. Babby ,L , Registered Consulting Arborist®#399 - iJ Board-Certified Master Arborist#WE-40018 Citibank, 7889 Dublin Boulevard, Dublin, CA Page 5 of 5 City of Dublin Planning Division David L. Babby, Registered Consulting Arborist® August 2, 2012 EXHIBIT A: TREE INVENTORY TABLE (one sheet) Citibank, 7889 Dublin Boulevard, Dublin, CA City of Dublin Planning Division ARBOR RESOURCES professional consulting arborists and tree care TREE INVENTORY TABLE _ j1 x wy 9:' 'da ,,, 4 {y�,sP:. ,.t`d`'s',' ��22� �,.y,.,s47 "'q^� 1 ,,s :`_-..1gi_.. ,`4':- f..: 1Q�} V�y�{x TREE .>. p " .. ` „ :<, ms, ... ,.. _ `NO.; - :TREEnNAME t-'.- ,`�e ' � . . ' z: .-e = u '"''r'- ©-;.tf-.: Canary Island pine 70% 40% 1 (Pinus canariensis) 23 45 40 (Good) (Poor) Fair Comments: In a very small planter. Roots have formed tall mounds in parking lot up to eight feet from the trunk. Structure formed by a main trunk that divides into four leaders eight to ten feet high;they form a relatively unusual structure,as well as somewhat of a weak attachment prone to potential limb failure. Grows partially beneath tree#2. Italian stone pine 80% 30% 2 (Pinuspinea) 26,26,39 50 65 (Good) (Poor) Fair Comments:Trunk encompasses entire planter,pushing and raising the curb on two sides,and part of the trunk grows over one side(in summary,it has outgrown its planter). Trunks form weak attachments highly prone to breaking from the tree. Roots have created large mounds in parking lot. Italian stone pine 25,23, 19, 80% 20% 3 (Pinuspinea) 19 35 70 (Good) (Poor) Fair Comments: Curb is damaged and concrete pad raised. Root mass surfaced throughout planter. Roots have created large mounds in parking lot, as high as six inches and up to nearly 50 feet away. Trunks form weak attachments. Italian stone pine 80% 30% 4 (Pinuspinea) 36,32 40 70 (Good) (Poor) Fair Comments:Massive roots have buckled adjacent curb. Trunks form weak attachments. Site:Citibank,7889 Dublin Boulevard,Dublin,CA Prepared for:City of Dublin Planning Division Prepared by:David L.Babby 1 of 1 August 2,2012 David L. Babby, Registered Consulting Arborist® August 2, 2012 it EXHIBIT B: AERIAL MAP (one sheet) Citibank, 7889 Dublin Boulevard, Dublin, CA City of Dublin Planning Division • / ., :... i _ - , . • k \ \ elvor ii;/0/1/ _0 • / \ ..01 ;fie...NJ , '...,7 • ' -1 \ 'ti'ti,ti, y •'k 61M ,i 4...!Tric - A \ 2. ..1F"ib i0:. -t4.t' ,+ ,v 3 4y.... • .. ;` , / x. Q °' .:* i CO •#� I- co „% ,. , a ua C .. ikj ...-•. . .F' iiii..._ i . . 4.,.",:-.. . ... E, • . -- e ' ••';r ' ,der... 'h 3' K '*� - 'C fix+ ,+ * 00. cr m: David L. Babby, Registered Consulting Arborist® August 2, 2012 EXHIBIT C: PHOTOGRAPHS (eight sheets) Photo Index Page C-1: Tree #1 Page C-2: Trees #2 thru 4 Page C-3: Tree #2 Page C-4: Tree #2 Page C-5: Tree #3 Page C-6: Tree #3 Page C-7: Trees #3 and 4 Page C-8: Tree #4 Citibank, 7889 Dublin Boulevard, Dublin, CA City of Dublin Planning Division n1 € - w ar- •. 1 N fl Y■ bt - ! 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R i D N rA A o m g A 1E111 1S 2 IIII1N 11—� s 11E111 " 11E111 i i VIII I C I> H 1E111 i =III\ Z A O III ,� m jr K 111– �" � D � ..� mot • ^ „i1 l J 1 1 1 l ?.V ••• ii i O H ,I�e,• J 0 �1 I I i•� �) n••n • �/ III ,. — • Z z• �, < z -I Ill–zoo-4... • S • Pdi J o 1` •,: i< 1 r . ..;‘: � Wififflei 1 1 r §(4)* M � ' III Ill s, y D v m > Il IWINS ,1; I ,, I O v A A 0 �" �� I�I ;i:1. — =11 EI I I r y a I I— r. –I Ill 6" U1 a 11 El I I=I I I " I EI Kil CC Fm im 05 P It z 1 52412 NEW PLAN SHEET ADDENDUM NO 1 MPW Cn - z CITI REALTY SERVICES 17,1 Pavement Engineering Inc. 171 1E M 'i n 7889 DUBLIN BOULEVARD DUBLIN,CA °«lEngineeri LandscapeAtthhec""• Materials Testing Mr 2012 SITE IMPROVEMENT PROJECT �°``''�'`g'"Pa""'"°"`"°'"b"`�" i.`' IRRIGATION DETAILS Uvalde Offlou 3820 Cypress Dave,Suite 3•Petaluma,G94954 Toll Free:(877)883-4578 REV DATE DESCRIPTION APP RESOLUTION NO. 12 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING SITE DEVELOPMENT REVIEW FOR THE REMOVAL OF FOUR PINE TREES, AND THE INSTALLATION OF NEW LANDSCAPING AND SITE IMPROVEMENTS AT THE CITIBANK FINANCIAL CENTER AT 7889 DUBLIN BOULEVARD (APN 941-0035-018-00) PLPA-2012-00034 WHEREAS, Mike Wasden of Pavement Engineering Inc. (Applicant) and Micah Stevens of Citibank (Property Owner), have requested Site Development Review approval for the removal of four pine trees, and the installation of new landscaping and site improvements (the "Project"); and WHEREAS, the Project is located in the Downtown Dublin Zoning District, and has a General Plan and Downtown Dublin Specific Plan Land Use designation of Downtown Dublin- Retail District, and which permits Banks and Financial Services uses; and WHEREAS, in accordance with Section 8.30.040 of the Dublin Municipal Code, Site Development Review is required for all development in the Downtown Dublin Zoning District; and WHEREAS, in accordance with Section 8.96.020.C.1 of the Dublin Municipal Code, the Director of Community Development may transfer original hearing jurisdiction to the Planning Commission at his/her discretion because of policy implications, unique or unusual circumstances, or the magnitude of the project; and WHEREAS, said original hearing jurisdiction was transferred to the Planning Commission by the Director of Community Development due to the size, age, and prominent location of the trees proposed for removal; 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 Planning Commission find this project Categorically Exempt from CEQA, pursuant to CEQA Guidelines Section 15301 (Existing Facilities involving negligible or no expansion of an existing use); and WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission recommending approval of the Site Development Review request; and WHEREAS, the Planning Commission held a public hearing on said application on September 25, 2012 at which time all interested parties had the opportunity to be heard; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and ATTACHMENT 3 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 and determinations regarding the Site Development Review: A. The proposal is consistent with the purposes of Chapter 8.104 (Site Development Review), with the General Plan and with any applicable Specific Plans and Design Guidelines in that: 1) the Project is well designed in relation to the adjoining commercial property with which it shares driveway access; 2) the Project will include the removal of mature trees that are a danger to persons and property, and replace them with new trees and landscaping that are more appropriate in scale; and 3) the Project will repair and improve the site in terms of the parking lot, driveways, and accessibility. B. The proposal is consistent with the provisions of Title 8, Zoning Ordinance in that: 1) Banks and Financial Services are a permitted use in the Downtown Dublin Zoning District; 2) the Project requires Site Development Review and a complete application has been filed; and 3) the overall design of the Project includes plant material that is consistent with and complementary to surrounding properties. C. The design of the project is appropriate to the City, the vicinity, surrounding properties, and the lot in which the project is proposed in that: 1) the Project has been designed with landscaping that complements the adjoining commercial property; 2) the Project will result in landscaping that is more appropriately scaled to the site; and 3) adequate access to the site is provided from shared driveways on Dublin Boulevard and Regional Street. D. The subject site is physically suitable for the type and intensity of the approved development in that: 1) the site has been designed for Banks and Financial Services uses; 2) access to the site is provided from Dublin Boulevard and Regional Street, which are existing roadways; 3) the proposed landscaping modifications and related site improvements result in no expansion of the use; and 4) the proposed replacement landscaping will be appropriately sized for the existing landscape planters. E. Impacts to existing slopes and topographic features are addressed in that: 1) the Project is located on a fully developed site that is generally flat. F. Architectural considerations including the character, scale and quality of the design, site layout, the architectural relationship with the site and other buildings, screening of unsightly uses, lighting, building materials and colors and similar elements result in a project that is harmonious with its surroundings and compatible with other development in the vicinity in that: 1) the Project has been designed with landscaping that complements the adjacent and surrounding commercial properties; 2) the Project will provide landscaped buffers along the perimeter of the parking area; and 3) the Project will result in landscaping that is appropriately scaled to the site. 2 of 7 G. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, and similar elements have been incorporated into the project to ensure visual relief, adequate screening and an attractive environment for the public in that: 1) the Project has been designed with landscaping that complements the adjoining and surrounding commercial properties; 2) the Project will result in landscaping that is appropriately scaled to the site; and 3) the Project includes a variety of tree and plant species that will create a visually attractive buffer around the parking area perimeter. H. The site has been adequately designed to ensure proper circulation for bicyclists, pedestrians and automobiles in that: 1) access to the site is currently provided from driveways on Dublin Boulevard and Regional Street; 2) removal of the four pine trees will reduce the risk of damage or injury, and facilitate circulation; and 3) the Project consists of site improvements that include new pavement and walkway surfaces, and the installation of detectable warning surfaces at parking lot edges. BE IT FURTHER RESOLVED that the Planning Commission does hereby approve a Site Development Review for the Citibank Financial Center project at 7889 Dublin Boulevard as shown on the Project Plans date-stamped received by Dublin Planning on August 21, 2012, and incorporated herein by reference, subject to the following Conditions of Approval: CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use and shall be subject to Planning Division review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [PL] Planning; [B] Building; [P0] 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. When CONDITIONS OF APPROVAL Agency Required, Source Prior to: GENERAL 1. Approval. This Site Development Review PL On-going Standard approval is for the removal of four (4) pine trees, and associated replacement landscape and site improvements at 7889 Dublin Boulevard PLPA-2012-00034. This approval shall be as generally depicted and indicated on the plans prepared by Pavement Engineering Inc. dated received August 21, 2012, on file in the Community Development Department and as specified by the following Conditions of Approval for this project. 3 of 7 2. Effective Date. This Site Development PL On-going Standard Review approval becomes effective 10 days after action by the Planning Commission (10 days after the date of this Resolution). 3. Permit Expiration. Construction or use PL One year of DMC shall commence within one (1) year of Permit approval date 8.96.020.D approval or the Permit shall lapse and become null and void. Commencement of construction or use means the actual construction or use pursuant to the Permit approval or demonstrating substantial progress toward commencing such construction or use. If there is a dispute as to whether the Permit has expired, the City may hold a noticed public hearing to determine the matter. Such a determination may be processed concurrently with revocation proceedings in appropriate circumstances. If a Permit expires, a new application must be made and processed according to the requirements of this Ordinance. 4. Time Extension. The original approving PL One year of DMC decision-maker may, upon the Applicant's approval date 8.96.020.E written request for an extension of approval prior to expiration, and upon the determination that any Conditions of Approval remain adequate to assure that applicable findings of approval will continue to be met, grant a time extension of approval for a period not to exceed six (6) months. All time extension requests shall be noticed and a public hearing or public meeting shall be held as required by the particular Permit. 5. Modifications (SDR). Modifications or PL On-going DMC changes to this Site Development Review 8.104 approval may be considered by the Community Development Director if the modifications or changes proposed comply with Section 8.104 of the Zoning Ordinance. 6. Revocation of Permit. The Site PL On-going DMC Development Review approval shall be 8.96.020.1 revocable for cause in accordance with Section 8.96.020.1 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. 7. Property Maintenance. The Applicant PL Completion DMC and/or Pro•ert Owner shall kee• the and On-•oin• 5.64 4 of 7 property maintained in a safe, clean and litter-free condition at all times. 8. Requirements and Standard Conditions. Various Issuance of Standard The Applicant/ Developer shall comply with Building applicable City of Dublin Fire Prevention Permits Bureau, Dublin Public Works Department, Dublin Building Division, 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 obtain any necessary permits or approvals provided from each such agency or department. 9. Fees. The Developer shall pay all applicable Various Issuance of Standard fees in effect at the time of building permit Building issuance including, but not limited to, Permits and Planning fees, Building fees, Dublin San Ongoing Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees, Public Works Traffic Impact fees, City of Dublin 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. 10. Hold Harmless/Indemnification. The ADM Through Standard Developer shall defend, indemnify, and hold Completion harmless the City of Dublin and its agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that the Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's 5 of 7 promptly notifying the Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings 11. Controlling Activities. The Applicant / PL On-going Standard Developer shall control all activities on the project site so as not to create a nuisance to the existing or surrounding businesses. PLANNING 12. Final Inspection. The Applicant shall call for PL Completion Planning a Final Inspection from the Planning Division upon completion of the Project. 13. Maintenance of Landscaping. All on-site PL On-going Planning landscaping shall be irrigated, fertilized, weeded, and tended to on a regular basis such that it maintains a healthy and weed- free appearance. All plants and/or trees shall be replaced in kind as per the approved plan at such time they are found to be missing, diseased, damaged, or dead. 14. Visual Surveillance/Security. All new PL Completion Planning shrubs and trees, at maturity, shall be and On-going maintained to provide visual surveillance and so as not to interfere with lighting or security cameras. A maximum height of 2-feet for shrubs and a minimum tree canopy height of 6-feet shall be maintained at all times. PUBLIC WORKS 15. Standard Public Works Conditions of PW Prior to Public Approval. Applicant/Developer shall comply Approval of Works with all applicable City of Dublin Public Improvement Works Standard Conditions of Approval Plans (attached as Exhibit A). In the event of a conflict between the Public Works Standard Conditions of Approval and these Conditions, these Conditions shall prevail. PASSED, APPROVED AND ADOPTED this 25th day of September 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: 6 of 7 Acting Community Development Director 7 of 7 CITY OF DUBLIN PUBLIC WORKS STANDARD CONDITIONS OF APPROVAL November 18, 2004 GENERAL: 1. The Developer shall comply with the Subdivision Map Act, the City of Dublin Subdivision, Zoning, and Grading Ordinances, the City of Dublin Public Works Standards and Policies, and all building and fire codes and ordinances in effect at the time of building permit. 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 following) 2. The Developer shall defend, indemnify, and hold harmless the City of Dublin and its agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City related to this project to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that The Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying The Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. 3. Any water well, cathodic protection well, or exploratory boring on the project property must be properly abandoned, backfilled, or maintained in accordance with applicable groundwater protection ordinances. For additional information contact Alameda County Flood Control, Zone 7. AGREEMENT AND BONDS: 4. The Developer shall enter into a Tract Improvement Agreement with the City for all tract improvements. 5. The Developer shall provide performance (100%), and labor & material (100%) securities to guarantee the tract improvements, approved by the City Engineer, prior to execution of the Tract Improvement 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 performance security.) FEES: 6. The Developer shall pay all applicable fees in effect at the time of building permit issuance including, but not limited to, Planning fees, Building fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact November 18, 2004 EXHIBIT A TO Page 1 of 6 ATTACHMENT 3 II fees, Public Works Traffic 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; and any other fees as noted in the Development Agreement. 7. The Developer shall dedicate parkland or pay in-lieu fees in the amounts and at the times set forth in City of Dublin Resolution No. 60-99, or in any resolution revising these amounts. and as implemented by the Administrative Guidelines adopted by Resolution 195-99. PERMITS: 8. Developer shall obtain an Encroachment Permit from the Public Works Department for all construction activity within the public right-of-way of any street where the City has accepted the improvements. At the discretion of the City Engineer an encroachment for work specifically included in an Improvement Agreement may not be required. 9. Developer shall obtain a Grading / Sitework Permit from the Public Works Department for all private grading and site improvements. 10. Developer shall obtain all permits required by other agencies including, but not limited to Alameda County 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 Department. SUBMITTALS 11. All submittals of plans and Final Maps shall comply with the requirements of the "City of Dublin Public Works Department Improvement Plan Submittal Requirements", and the "City of Dublin Improvement Plan Review Check List". 12. The Developer will be responsible for submittals and reviews to obtain the approvals of all participating non-City agencies. The Alameda County Fire Department and the Dublin San Ramon Services District shall approve and sign the Improvement Plans. 13. Developer shall submit a Geotechnical Report, which includes street pavement sections and grading recommendations. 14. Developer shall provide the Public Works Department a digital vectorized file of the "master" files for the project when the Final Map has been approved. Digital raster copies are not acceptable. The digital 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. FINAL MAP: November 18, 2004 Page 2 of 6 -- I 15. The Final Map shall be substantially in accordance with the Tentative Map approved with this application, unless otherwise modified by these conditions. 16. All rights-of-way and easement dedications required by the Tentative Map including the Public Service Easement shall be shown on the Final Map. 17. Street names shall be assigned to each public/private street pursuant to Municipal Code Chapter 7.08. The Developer shall propose a,list of preferred and alternate street names for review and approval by the City and all interested outside agencies. Street names must not match or be closely similar to existing street names within Alameda County. The approved street names shall be indicated on the Final Map. EASEMENTS: 18. The Developer shall grant to the City of Dublin easements for traffic signal detectors, boxes conduit, etc. at all private streets and driVeways entrances that will be signalized. 19. The Developer shall obtain abandonment from all applicable public agencies of existing easements and right of ways that will no longer be used. 20. The Developer shall acquire easements, andior obtain rights-of-entry from the adjacent property owners for any improvements on their property. The easements and/or rights-of- entry shall be in writing and copies furnished td the City Engineer. 21. All public sidewalks must be within City right-4f-way or in a pedestrian access easement unless approved by the City Engineer. GRADING PLANS: 22. The Grading Plan shall be in conformance with the recommendations of the Geotechnical Report, the approved Tentative Map and/o( Site Development Review, and the City design standards & ordinances. In case of conflict between the soil engineer's recommendations and City ordinances, the City Engineer shall determine which shall apply. 23. A detailed Erosion Control Plan shall be included with the Grading Plan approval. The plan shall include detailed design, location, and maintenance criteria of all erosion and sedimentation control measures. IMPROVEMENTS 24. The public improvements shall be constructed generally as shown on the Tentative Map and/or Site Development Review. However, the approval of the Tentative Map and/or Site Development Review is not an approval of the specific design of the drainage, sanitary sewer, water, traffic circulation, and street improvements. 25. All public improvements shall conform to the City of Dublin Standard Plans and design requirements and as approved by the City Engineer. November 18, 2004 Page 3 of 6 26. The Developer shall install all traffic signs and pavement marking as required by the City Engineer. 27. Developer shall construct all potable and recycled water and sanitary sewer facilities required to serve the project in accordance with DSRSD master plans, standards, specifications and requirements. 28. Fire hydrant locations shall be approved by the Alameda County Fire Department. A raised reflector blue traffic marker shall be installed in the street opposite each hydrant. 29. Street light standards and luminaries shall be designed and installed per approval of the City Engineer. The maximum voltage drop for streetlights is 5%. 30. All new traffic signals shall be interconnected with other new signals within the development and to the existing City traffic signal system by hard wire. 31. Two empty 3" conduits with pull ropes, to accommodate future extension of the traffic interconnect system and for School District uses, shall be installed along any project arterial street frontage. The extent of this work to be determined by the City Engineer. 32. The Developer shall construct bus stops and shelters at the locations designated and approved by the LAVTA and the City Engineer. The Developer shall pay the cost of procuring and installing these improvements. 33. The Developer shall furnish and install City Standard street name signs for the project as required by the City Engineer. 34. Street trees, of at least a 24" box size, shall be planted along the street frontages. The varieties and locations of the trees to be approved by the Community Development Director and City Engineer. 35. Any decorative pavement installed within City right-of-way requires approval of the City Engineer. Where decorative paving is installed in public streets, pre-formed traffic signal loops and sleeves to accommodate future utilities shall put under the decorative pavement. Maintenance costs of the decorative paving shall be included in a landscape and lighting maintenance assessment district or other funding mechanism acceptable to the City Engineer. 36. Roof drainage shall drain across bio-swales or into bio-filters prior to entering the storm drain system. The landscaping and drainage improvements in the bio-swale and bio-filters shall be appropriate for water quality treatment. The City Engineer may exempt specific roof leaders from this requirement if space limitations prevent adequate water treatment without creating hazards, nuisance or structural concerns. Concentrated flows will not be allowed to drain across public sidewalks. November 18, 2004 Page 4 of 6 37. Developer shall construct gas, electric, cable TV and communication improvements within the fronting streets and as necessary to serve the project and the future adjacent parcels as approved by the City Engineer and the various Public Utility agencies. 38. All electrical, gas, telephone, and Cable TV utilities, shall be underground in accordance with the City policies and ordinances. All utilities shall be located and provided within public utility easements and sized to meet utility company standards. 39. All utility vaults, boxes and structures, unless specifically approved otherwise by the City Engineer, shall be underground and placed in landscape areas and screened from public view. All utility vaults, boxes and structures shall be shown on landscape plans and approved by the City Engineer and Community Development Director prior to construction. CONSTRUCTION: 40. The Erosion Control Plan shall be implemented between October 15th and April 15th unless otherwise allowed in 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 improvements. 41. If archaeological materials are encountered during construction, construction within 100 feet of these materials shall be halted until a professional 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. 42. Construction activities, including the maintenance and warming of equipment, shall be limited to Monday 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. 43. Developer shall prepare a construction noise management plan 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 project plans and specifications. 44. Developer shall prepare a plan for construction traffic interface with public traffic on any existing public street. Construction traffic and parking may be subject to specific requirements by the City Engineer. 45. The Developer shall be responsible for controlling any rodent, mosquito, or other pest problem due to construction activities. 46. The Developer shall be responsible for watering or other dust-palliative measures to control dust as conditions warrant or as directed by the City Engineer. November 18, 2004 Page 5 of 6 47. The Developer shall provide the Public Works Department with a letter from a registered civil engineer or surveyor stating that the building pads have been graded to within 0.1 feet of the grades shown on the approved Grading Plans, and that the top & toe of banks and retaining walls are at the locations and/or Site Development Review shown on the approved Grading Plans. NPDES: 48. Prior to any clearing or grading, the Developer shall provide the City evidence that a Notice of Intent (NOI) has been sent to the California State Water Resources Control Board per the requirements of the NPDES. A copy of the Storm Water Pollution Prevention Plan (SWPPP) shall be provided to the Public Works Department and be kept at the construction site. 49. The Storm Water Pollution Prevention Program (SWPPP) for the operation and maintenance of the project shall identify the Best Management Practices (BMPs) appropriate to the project construction activities. The SWPPP shall include the erosion control measures in accordance with the regulations outlined in the most current version of the ABAG Erosion and Sediment Control Handbook or State Construction Best Management Practices Handbook. 50. The Developer is responsible for ensuring that all contractors implement all storm water pollution prevention measures in the SWPPP. 51. Developer shall enter into an agreement with the City of Dublin that guarantees the perpetual maintenance obligation for all storm water treatment measures installed as part of the project. Said agreement is required pursuant to Provision C.3.e.ii of RWQCB Order R2-2003-0021 for the 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. G:\DEVELOP\STANDARD CONDITIONS OF APPROVAL\PW STANDARD COAS.DOC November 18, 2004 Page 6 of 6