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HomeMy WebLinkAbout12-11-2012 - AgendaPlanning Commission Regular Meeting City of Dublin December 11, 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 – November 27, 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 PA 07-005 – Calarosa II at Positano (Neighborhood D-4) Site Development Review for 98 single-family detached residential units. 8.2 PLPA-2012-00054 Fountainhead Montessori Site Development Review & Conditional Use Permit for the operation of a day care and community facility and related site façade and site improvements at 6665, 6670 and 6690 Amador Plaza Road. 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 82 PLANNING COMMISSION DATE: December 11, 2012 TO: Planning Commission SUBJECT: PUBLIC HEARING: PA 07-005 Calarosa II at Positano (Neighborhood D-4) Site Development Review for a portion of the Positano project which includes 98 single-family detached residential units on approximately 29.9 acres within Tract 8105 Report Prepared by Mike Porto, Consultant Planner EXECUTIVE SUMMARY: Braddock & Logan Services is proposing to construct 98 single family detached homes on 29.9 acres (Lots 1 through 98) within Neighborhood D-4 of the Positano planned community. The proposed project is identified for marketing as "Calarosa II" and will provide three separate floor plans with four architectural elevation styles. 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 Site Development Review Permit for Calarosa II at Positano (Neighborhood D-4) for 98 single-family detached residential units on approximately 29.9 acres within Tract 8105. r l Submitted By: IRev ed By Mike Porto, Consulting Planner Planning Manager COPIES TO: Applicant File I ITEM NO.: I Page 1 of 10 G:1PA#12007107-005 PositanolD-4 Calarosa 21PCSR Calarosa D4 SDR 12.11.12.doc PROJECT DESCRIPTION: The proposed Site Development Review (SDR) is for Positano Neighborhood D-4, also known as Calarosa II. This neighborhood includes 98 single-family residential lots within the portion of the Positano planned community being developed by Braddock & Logan which is the Applicant for this SDR. As with the neighborhoods approved and constructed previously within the Positano planned community, Neighborhood D-4 is subject to the development regulations and design standards approved and adopted with the Stage 2 Development Plan. Most recently this home builder completed Calarosa I (Tract 8081), a 71-unit neighborhood of single-family detached units along the north side of Positano Parkway. Background The Positano project is a 488-acre area which is part of the 1,134-acre Fallon Village master plan. The Planned Development zoning for Positano (PA 05-038) was approved in December 2005 and included Stage 1 and Stage 2 Development Plans. The approval also included Vesting Tentative Tract 7586 approved in November 2005 by Planning Commission Resolution 05-61 as a subdivision of 1,043 low density residential lots. The Positano project generally is located east of Fallon Road extending to the City limits within the Eastern Dublin Specific Plan Area. Positano Neighborhood D-4 is comprised of 98 lots within approximately 29.9 acres; it generally is located in the southerly portion of the Positano project area south of Positano Parkway with a portion west of La Strada Drive and another portion on both sides of North Spago Drive and South Spago Drive east of East Cantara Drive (See the vicinity map below). A Neighborhood park and elementary school are planned for the area north of Neighborhood D- 4. The Cantara neighborhood, one of the first developments within the Positano project, lies west of Neighborhood D-4. Jordan Ranch is located to the south and separated by undeveloped slope area. A preservation corridor with an open space designation is located to the east. 2 of 10 Positano Parkway `- -" ,.. �tM 4M.w,♦.., �. 1 1 f / fT a a rt a ------r Vicinity Map Calarosa II (Neighborhood D-4) Access to the Neighborhood D-4 primarily is from the intersection of La Strada Drive and Positano Parkway or from the Cantara Drive intersection with Positano Parkway. The layout of Neighborhood D-4 includes two full blocks and parcels long streets that generally follow straight or curved lines. The parcels along the northerly portion of this tract are oriented towards the future neighborhood park or back on to the proposed elementary school. The project site currently is vacant. The site has been mass graded in accordance with the Conditions of Approval for Vesting Tentative Tract Map 7586. Construction of streets and infrastructure for much of the Positano project (including Neighborhood D-4) is currently underway. Non-native vegetation was removed with the mass grading. The Applicant currently requests approval of a Site Development Review permit for 98 lots. The proposal includes three different floor plans, all two stories, with four architectural styles. Two of the plans (Plans 1 and 3) will be offered in all four architectural styles and one of the plans (Plan 2) will be available in three of the four styles. This project is identical to the existing Calarosa (D-1) project previously approved by the Planning Commission. A Resolution approving the Site Development Review is included as Attachment 1, with the project plans included as Exhibit A to Attachment 1. ANALYSIS: The SDR addresses the site layout and architecture, as well as front yard landscaping, hardscape, and details for walls and fencing. As with the neighborhoods approved and constructed previously within Positano, Neighborhood D-4 is subject to the development 3of10 regulations and design standards approved and adopted with the Stage 2 Development Plan. Development Regulations for Neighborhood D-4 are comparable to the Development Regulations for the Cantara neighborhood. Site Layout/Plotting - The street and plotting pattern for the neighborhood were previously approved by the Planning Commission with the adoption of the Vesting Tentative Tract Map 7586. The sloping terrain has a marked influence on the character of this neighborhood subdivision. The minimum lot size for this neighborhood is 3,200 square feet with minimum dimensions of 40 feet by 80 feet. However, consistent with Cantara and Calarosa I, all lots in Neighborhood D-4 have minimum dimensions of 43 feet by 80 feet. No lot is less than 3,440 square feet. Average lot size is approximately 3,950 square feet. Also, similar to Cantara and Calarosa I, the maximum lot coverage is 55% including covered patios. The homes planned for this neighborhood are similar in style and size to other homes on similar size lots already constructed in Positano and neighboring Dublin Ranch. None of the development standards (i.e., lot size, setbacks, building height, parking, etc.) adopted as a part of the Stage 2 Planned Development Zoning are proposed to be changed. The rear yards in Neighborhood D-4 are required to have a 5-foot minimum depth with an overall average depth of 10 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. Based on the plotting matrix/fit list (Exhibit A to Attachment 1, Sheets C1.A, C1.B and C1.C) any of the three floor plans will fit on all 98 lots within the coverage limitations of 55%. As with previously approved SDRs for the Positano project area, 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. - 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 eliminates the repetitious look of many subdivisions. These standards have been included as Condition #22 of Attachment 1. As individual plot plans are submitted for each phase of development, 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 three floor plans proposed for Neighborhood D-4 are labeled as Plans 1, 2, and 3 and are comparable in size to the plans built with Calarosa I (Neighborhood D-1). All floor plans are two stories and range in size from 2,049 square feet for Plan 1 to 2,692 square feet for Plan 3. All three plans have a covered front porch and a double garage with a street-facing door. All plans are configured with the master bedroom on the second floor at the rear of the structure and provide a walk-in closet. The laundry rooms for all three plans are located on the 4of10 second floor. Also, all plans can accommodate an optional non-wood burning fireplace in the family room or great room. All plans have a dining area or nook adjacent to the ground floor kitchen, and all plans have, at a minimum, a half bathroom on the ground floor. Table 1 shows proposed square footage, bedrooms, bathrooms, parking, available styles, and the living space options for each of the proposed plans. Table 1: Neighborhood D-4 (Calarosa II) - Floor Plans Floor Square Footage is) Plan(' Bedrooms Bathrooms (typica1)(2) Elevations Parking Optional Living Space Plan 1 3 or 2.5 or 3 2,049-2,272 sf A, B. C & D 2 fourth bedroom and or loft 4 + 1 opt. build-out as bedroom Plan 2 3 + 1 opt. 2.5 2,310 sf A, B & C 2 bonus room or fourth bedroom bedrooms v. ground floor Plan 3 4 + 1 opt. 3 + 1 opt. 2,692 sf A, B. C & D 2 den, second floor bonus room, master retreat Total: 98 units �') Any one floor plan is limited to no more than 40%of the total (2j Living area only (3) (A) Spanish Colonial, (B) Cottage, (C) Italianate, and (D)Tuscan Plan 3 and a Plan 1 option provide accommodations for a ground floor bedroom and full bathroom. Plan 1 - Plan 1 is the smallest at 2,049 square feet but offers a build out option with a ground floor bedroom and a full ensuite bathroom that would increase the size of the unit to 2,272 square feet. Without the ground floor bedroom, the front of the house features a covered front porch. The entry leads past the staircase to the living room, dining, and kitchen areas at the rear of the ground floor. With three bedrooms (including the Master bedroom) on the second floor, a large loft area at the top of the stairs may be built out as a fifth bedroom or left open to the living area below. (See Exhibit A to Attachment 1, Architecture tab, Sheets A1.1 and A1.9) Plan 2 — At 2,310 square feet, Plan 2 offers a Great Room layout along the rear of the ground floor which incorporates a dedicated dining room. A separate formal living room is located off of the entry. Optional second floor space may be used as a bonus room or built out as a fourth bedroom with large walk-in closet. (See Exhibit A to Attachment 1, Architecture tab, Sheet A2.1) Plan 3 - Plan 3 is the largest with 2,692 square feet and the most build-out options. The ground floor is arranged with the living and dining room space beginning near the entry and leading to the family room, kitchen, and nook along the rear of the home. Plan 3 also provides for a full bathroom on the ground floor and a den which may be built out as a bedroom. Second floor options include build out of a bonus room area which may be built out as a bedroom with ensuite bathroom or left open to the living area below. Also, a smaller bedroom adjacent to the master bedroom on the second floor may be built out of as a retreat. (See Exhibit A to Attachment 1, Architecture tab, Sheet A3.1) Architecture - The Stage 2 Planned Development zoning was adopted with Design Guidelines which include a series of architectural styles. The Applicant proposes to utilize four of the approved architectural styles. The SDR for Neighborhood D-4 offers four architectural styles for two of the plans (Plans 1 and 3) and three styles for one of the plans (Plan 2). 5of10 The homes are designed with themed architectural elements integrated into the front facades and enhanced corner elevations that wrap the sides of the structures. Due to the size of the lots, no one-story floor plan is proposed; however, floor plans and exterior elevations are designed with one-story elements along the front to reduce mass in the front yard areas to 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 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. To provide wide diversity to the exterior elevations and architectural styles, four color and materials palettes are available for each of the three architectural styles, with the Italianate and Tuscan styles sharing the same palette, for a total of 12 combinations using 52 colors by Kelly Moore Paint identified in Exhibit A to Attachment 1, Architecture tab, Sheet A0.9. Among the four styles, exterior elevations of all styles primarily are stucco or plaster finish with accents in manufactured El Dorado stone veneer on all styles except Spanish Colonial. Roof materials are Eagle products in either flat concrete tile for the Cottage style or concrete S-tiles for the Spanish Colonial, Italianate, and Tuscan styles. Each plan has a roof tile palette of four colors (See Exhibit A to Attachment 1, Architecture tab, Sheet A0.9) Roll-up garage doors present horizontally rectangular panels on all styles, except Plan 1 of the Cottage style which are square. The following provides an abbreviated description of each approved architectural style reflecting the proposed exteriors in Neighborhood D-4: - (A) Spanish Colonial - For this neighborhood, the Spanish Colonial style features gable roof forms pitched at 4:12 with sculpted eaves. Architectural projections are accented with gable and arched elements. Exterior material is primarily stucco or plaster. Entries, garage openings, and front porch columns are arched or shaped. Gable ends are enhanced with the appearance of terra cotta vents as a singular element on smaller gables or grouped in threes. Windows feature vertical mullions in groups of four which are framed with heavy sills and wooden shutters on Plans 1 and 3. Garage doors are framed with a shaped soffit, and exterior lighting features wrought iron accents. - (B) Cottage - This style uses a steep gable roof form pitched at 6:12 accented with an abbreviated hip cut-off at ridge ends on Plans 1 and 3 or short ridges flanked by hip roof forms on Plan 2. Architectural projections are framed by gable and shed forms. Front facades and entry exteriors are accented with one of four styles of manufactured stone. The Cottage style also features wooden accents in the form of porch posts with wooden brackets and horizontally lapped gable end embellishment. Windows with Craftsman style mullions or multiple panes in the upper half are framed by rough-hewn headers, corbelled pot shelves, and wooden shutters. Exterior lighting is provided by rustic-style lanterns. - (C) Italianate - The Italianate roof features low-pitched hip elements (4:12) and corbelled eave details. Like the Spanish Colonial style, roof materials are S-concrete tiles and the exterior finish primarily is plaster. Entries and front porches are framed by an arch, and upper level windows sit on an extended sill band. Window mullion patterns are square with windows defined by heavy frames, formed sills, and square paneled wooden shutters on Plan 1. Exterior lighting fixtures are classic pendant-shaped. 6of10 (D) Tuscan - The Tuscan style presents simple roof forms pitched at 4:12 with concrete S-tiles on a short-ridged hip roof for Plan 1 and gabled roof for Plan 3 with accent gables or shed overhangs on the lower roof forms. Entries, garage door openings, and front porches are accented with one of four styles of manufactured stone veneer, and are enhanced with wooden headers. Window mullion patterns are square with windows defined by heavy frames, corbelled pot shelves, and louvered wooden shutters with ornamental latches. Gable end accents are double square enhancements of tile. Exterior lighting fixtures are classic pendant-shaped. Parking - In accordance with the development standards, each of the 98 single-family homes in Neighborhood D-4 is provided with a two-car, side-by-side, garage resulting in compliance with the minimum requirement 196 covered spaces. In addition, all units are required to provide one guest space (a minimum of 98 guest spaces for Neighborhood D-4). Exhibit A to Attachment 1, Sheet C4.1, presents the calculation of required and available parking, and identifies 110 spaces located curbside along the streets within the public right-of-way adjacent to the project except where marked for traffic safety and access by emergency vehicles. Landscaping/Fence Plan - The Landscaping Plan in the current submittal generally is consistent with the plans approved with previous SDRs for neighborhoods within Positano. (See Exhibit A to Attachment 1, Landscape Architecture tab, Sheets L-1 through L-14) As with the SDRs and Development Plans approved previously, the landscaping is proposed with trees lining the neighborhood streets, parkways, and landscaped strips. All project streets and paths paralleling the streets will be shaded and enhanced by trees and plantings. Hardscape elements along with landscaping will be used to create neighborhood entries and identity. The landscape plans in the current submittal have been prepared to reflect the building footprint of each floor plan and the slope of each lot. 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 three floor plans. The landscaping for the parkways and the individual lots will be required to conform to the City Water Efficient Landscape Ordinance (WELD). The street landscaping and perimeter walls unify the neighborhood and integrate it with the adjacent neighborhoods within Positano. The walls and fence designs for Neighborhood D-4 are consistent with the design and hierarchy of walls and fences previously approved for Positano through the Stage 1 and Stage 2 Development Plans. As with the other tracts and neighborhoods within Positano, the fence plan takes into consideration retaining walls, lattice-topped, and view fences of an appropriate height where necessary and as the interface between adjacent properties on the upslope, the down slopes, and/or abutting public right-of-way. A community themed wall would be located along the rear interface of the lots along North Spago Drive with the elementary school to the north. Affordable Housing/Inclusionary Zoning - The proposed project is subject to the Affordable Housing Agreement approved by the City Council for Positano. The Affordable requirement for Positano will be satisfied through a combination of inclusionary units, granny flats and a community benefit payment. Public Art Compliance - Neighborhood D-4 is required to comply with the Public Art Program, and an appropriate Condition of Approval has been applied to this project. (See Attachment 1, page 10, Condition 23). 7of10 Consistency with the General Plan, Specific Plans and Zoning Ordinance - Under the General Plan and the Eastern Dublin Specific Plan, the area within the proposed project is designated "Residential: Single-Family." The site is zoned "PD Single-Family Residential." PA 05-038 approved in 2005 established the Stage II Planned Development zoning and Development Standards. The current SDR request would be consistent with the General Plan land use designation and Planned Development zoning determined at that time when the project was initially approved. The proposed project has been reviewed for conformance with the Community Design and Sustainability Element of the General Plan. The project itself is a portion of a larger project already approved that has implemented pathways, gathering spaces, open spaces, and a village concept. The Applicant intends to exceed the City of Dublin Green Building Ordinance (See Attachment 2) and will exceed the 50 point threshold in the City's program. 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. 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). ENVIRONMENTAL REVIEW: The proposed project is part of the larger project known as Fallon Village (formerly known as the Eastern Dublin Property Owners, or EDPO). In 2002, a number of owners in Eastern Dublin filed applications for annexation of portions of the current project site to the City and to the Dublin San Ramon Services District (DSRSD.) At that time, the City prepared and certified a Supplemental Environmental Impact Report (SEIR) (SCH # 2001052114, Resolution 40-02) for that project. The SEIR was a supplement to the 1993 Eastern Dublin EIR certified by the City Council on May 10, 1993 (SCH # 91103064, Resolution 51-930). Both the 1993 EIR and 2002 SEIR are incorporated herein by reference. The Fallon Village project proposed in 2005 (for PA 04-040) included a specific proposal for the Braddock and Logan properties (PA 05-038), now referenced as Positano. Based on the results of an Initial Study, the City prepared a Draft SEIR to the 1993 and 2002 EIRs which was circulated for public review from August 23, 2005 through October 6, 2005 (SCH #2005062010). A Final SEIR dated October 2005 containing written responses to all comments received on the Draft SEIR and was reviewed and certified by the City Council on December 6, 2005 by Resolution No. 222-05. Significant unavoidable impacts were identified in these EIR's that required the City Council to adopt Statements of Overriding Considerations with the approval of each EIR. The proposed SDR would not require any further environmental review. 8of10 PUBLIC NOTICING: In accordance with State law and City policies, a public notice was mailed to all property owners and occupants within 300 feet of the proposed project to advertise the project and the upcoming public hearing. A public notice also was published in the Valley Times and posted at several locations throughout the City. A copy of this Staff Report was provided to the Applicant. ATTACHMENTS: 1. Resolution approving a Site Development Review Permit for Calarosa II at Positano (Neighborhood D-4) for 98 single- family detached residential units on approximately 29.9 acres within Tract 8105, with the project plans included as Exhibit A. 2. Green Point Rated Checklist 9of10 GENERAL INFORMATION: PROPERTY OWNER/ APPLICANT: Braddock & Logan Homes 4155 Blackhawk Plaza Circle, Suite 201 Danville, CA 94506-5700 Attn: Jeff Lawrence LOCATION: The project is located south of Positano Parkway with a portion west of La Strada Drive and another portion on both north and south sides of North and South Spago Drive east of East Cantara Drive. APN: 985-0075-013-05 Lots 1 through 98 of Tract 8105 ZONING: PD-Residential: Low Density/Single-Family GENERAL PLAN & EASTERN DUBLIN SPECIFIC PLAN: Residential: Single Family SURROUNDING USES: LOCATION ZONING GENERAL PLAN LAND USE CURRENT USE OF PROPERTY North PD Neighborhood Park Vacant Elementary School South PD Low Density Residential Vacant East PD Open Space Vacant/Open SpaceMalking Trail West PD Single-Family Residential Single family residential (Cantara 1 & 2 - Tract 7853) REFERENCES: • General Plan • Eastern Dublin Specific Plan • Vesting Tentative Map 8105 • Planned Development Zoning, Stage 1 & 2 Development Plans (Ordinance 32-05) 10 of 10 RESOLUTION NO. 12-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A SITE DEVELOPMENT REVIEW PERMIT FOR CALAROSA II AT POSITANO (NEIGHBORHOOD D-4) FOR 98 SINGLE-FAMILY DETACHED RESIDENTIAL UNITS ON APPROXIMATELY 29.9 ACRES WITHIN TRACT 8105 PA 07-005 WHEREAS, the Applicant, Braddock & Logan, has requested approval of a Site Development Review Permit, PA 07-005 for 98 single-family detached residences within the Positano Planned Development known as Calarosa II at Positano (Neighborhood D-4); and WHEREAS, Calarosa II at Positano (Neighborhood D-4) is approximately 29.9 acres within Tract 8105 (Lots 1 through 98) located south of Positano Parkway with a portion west of La Strada Drive and another portion on both north and south sides of Spago Drive east of East Cantara Drive; and WHEREAS, the proposed project is located within the Eastern Dublin Specific Plan and the Planned Development Zoning District, PA 07-005; and WHEREAS, on November 8, 2005, the Planning Commission adopted Resolution No. 05-61 approving Vesting Tentative Tract Map 7586; and WHEREAS, on December 13, 2005, the City Council adopted Ordinance No. 32-05 approving Planned Development (PD) Zoning - Stage 1 Development Plan for the entire 1,134- acre Fallon Village (PA 04-040) and Ordinance 33-05 approving the Stage 2 Development Plan for the 488-acre Braddock & Logan properties (PA 07-005) now known as Positano; and WHEREAS, on December 6, 2005, the City Council adopted Resolution No. 222-05 certifying a Supplemental Environmental Impact Report (SEIR) (SCH #2005062010) to the Eastern Dublin EIR, a program EIR, initially certified by the City of Dublin in 1993 (SCH#91103064) and the Supplemental EIR for the Eastern Dublin Property Owners (EDPO) (SCH # 2001052114) certified in 2002 by Resolution 40-02; and WHEREAS, no further environmental review is required. There are no new impacts identified with this proposed project that are beyond those impacts studied in the Supplemental Environmental Impact Report; and WHEREAS, the 98 lots that comprise Calarosa II at Positano (Neighborhood D-4) are identified as Lots 1 through 98 of Tract 8105; and WHEREAS, a complete application was submitted and is available and on file in the Community Development Department, and ATTACHMENT 1 WHEREAS, the Applicant has submitted project plans, including floor plans and elevations, dated October 11, 2012, for a Site Development Review relating to Calarosa II at Positano (Neighborhood D-4); and WHEREAS, the Planning Commission did hold a public hearing on said application on December 11, 2012, for this project; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted recommending that the Planning Commission approve the Site Development Review; and WHEREAS, the Planning Commission did hear and use independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Dublin does hereby make the following findings and determinations regarding said proposed Site Development Review for 98 lots (Lots 1 through 98) of Tract 8105 known as Calarosa II at Positano (Neighborhood D-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; 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 Single-Family Residential; and 4) the project complies with the development standards established in the Planned Development Zoning Stage 2 Development Plan. B. The proposal is consistent with the provisions of Title 8, Zoning Ordinance because: 1) the project contributes to orderly, attractive, and harmonious site and structural development compatible with the existing site lay out and subdivision mapping and blends well with the surrounding properties; and 2) the project complies with the development regulations set forth in the Zoning Ordinance where applicable. C. The design of the project is appropriate to the City, the vicinity, surrounding properties, and the lot in which the project is proposed because. 1) the project augments the architectural style offerings in the vicinity; 2) the size and mass of the proposed houses are consistent with the lot sizes and other residential developments in the surrounding area; 3) the project will supply unique and varied floor plan options and enhanced elevations on the corner lots; and 4) the project will provide more design offerings contributing to a more "custom" look of the Positano planned community. 2 D. The subject site is suitable for the type and intensity of the approved development because: 1) the lots have already been subdivided to conform with the General Plan, Eastern Dublin Specific Plan and the Planned Development Zoning Stage 1 and 2 Development Plan for this area; and 2) the proposed homes to be developed on the property meet all of the development standards established to regulate development in Fallon Village. E. Impacts to existing slopes and topographic features are addressed because: 1) the proposed project site is already subdivided; 2) the infrastructure is under construction including streets and utilities; 3) the project complies with the approved grading plan and conforms to the required lot size and building envelop. F. Architectural considerations including the character, scale and quality of the design, site lay out, the architectural relationship with the site and other buildings, screening of unsightly uses, lighting, building materials and colors and similar elements result in a project that is harmonious with its surroundings and compatible with other developments in the vicinity because: 1) the proposed houses will utilize four (4) of the approved architectural style standards established in the Fallon Village Planned Development Plan; 2) the materials referenced in the style guidelines will be utilized; 3) the homes when constructed will blend with and be similar to homes already being constructed in the general vicinity; and 4) the color and materials proposed are similar and complementary to 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. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin does hereby approve the Site Development Review for the proposed project known as Calarosa II at Positano (Neighborhood D-1) (98 units), as shown on plans prepared by KTGY Group, Inc. Architects + Planning, Gates and Associates, and Mackay & Somps dated October 11, 2012 included as Exhibit A and subject to the conditions included below. 3 CONDITIONS OF APPROVAL: Unless stated otherwise all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval. [PL.I Planning fBl Building, [POI Police, fPWI Public Works fP&CS1 Parks & Community Services [ADM1 Administration/City Attorney, fFIN1 Finance, fFl Alameda County Fire Department f DSRI Dublin San Ramon Services District, fCO1 Alameda County Department of Environmental Health, fZ71 Zone 7. NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: PLANNING DIVISION 1. Approval. This Site Development Review approval is for PL Ongoing Standard the construction of 98 single-family detached residential units on approximately 29.9 acres within Tract 8105 (Lots 1 through 98). This approval shall be as generally depicted and indicated on the plans prepared by KTGY Group, Inc. Architects + Planning, Gates and Associates, and Mackay & Somps dated October 11, 2012 on file in the Community Development Department, and as specified by the following Conditions of Approval for this project. 2. Permit Expiration: Construction or use shall commence PL One year Standard within one (1) year of Site Development Review (SDR) from approval, or the SDR shall lapse and become null and approval void. Commencement of construction or use means the actual construction or use pursuant to the approval, or demonstrating substantial progress toward commencing such use. If there is a dispute as to whether the SDR has expired, the City may hold a noticed public hearing to determine the matter. Such a determination may be processed concurrently with revocation proceedings in appropriate circumstances. If a SDR expires, a new application must be made and processed according to the requirements of the Dublin Zoning Ordinance. 3. Time Extension. The original approving decision-maker PL One year Standard may, upon the Applicant's written request for an following extension of approval prior to expiration, and upon the approval determination that any Conditions of Approval remain date 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 articular Permit. 4. Effective Date. This Site Development Review approval PL On going Standard becomes effective 10 days after action by the PIannin 4 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: Commission. 5. Compliance with previous approvals: The Applicant PL On going Standard shall comply with all Conditions of Approval for Vesting Tentative Tract 7586 as approved by the Planning Commission, Resolution No. 05-61 on November 8, 2005. 6. 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 permit shall be subject to citation. 7. Required Permits. Applicant/Developer shall comply with PL, PW Issuance of Standard the City of Dublin Zoning Ordinance and obtain all Building necessary permits required by other agencies (Alameda Permits County Flood Control District Zone 7, California Department of Fish and Game, Army Corps of Engineers, Regional Water Quality Control Board, State Water Quality Control Board) and shall submit copies of the permits to the Public Works Department. 8. 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 required have been or will be met. 9. Modifications: The Community Development Director PL On going Standard may consider modifications or changes to this Site Development Review approval if the modifications or changes proposed comply with Section 8.104.100 of the Zoning Ordinance. 10. Satellite Dishes: The App Iicant/Deve lope r's Architect PL Issuance of Project shall prepare a plan for review and approval by the building Specific Director of Community Development and the Building permit 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, 5 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: the mounting of the dish be incorporated into the chimney. In instances where chimneys do not exist, then the plan shall show a common and consistent location for satellite dish placement to eliminate the over proliferation, haphazard and irregular placement. 11. Indemnification: The Applicant/Developer shall defend, PL, B On going Standard 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 proceedings. 12. Retaining Walls: The Applicant/Developer shall indicate PL Issuance of Project on the plot plans, with dimensions, the precise location of building Specific the point on the side yard retaining walls where the wall permit 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 Planned Development Plan. Also, it is intended that the perpendicular side yard fence should be located at the transition point of the two block materials. No stucco wall face should occur behind the perpendicular side yard fence. Potential issues may arise in the field conditions which will be addressed on a case-by-case basis as directed by the Stage 1 and Stage 2 Planned Development Plan. 13. Clean up. The Applicant/Developer shall be responsible PL On going Standard for clean-up and disposal of project related trash and for maintaining a clean, litter-free site. 14. Controlling Activities. The Applicant /Developer shall PO, PL On going Standard control all activities on the project site so as not to create a nuisance to the surrounding residences. 6 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: 15. Noise/Nuisances. No loudspeakers or amplified music PO, PL On going Standard shall be permitted to project or be placed outside of the residential buildings during construction. 16. 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 approved. 17. Final building and site development plans shall be PL Issuance of Project reviewed and approved by the Community Development building Specific Department staff prior to the issuance of a building permit permit. All such plans shall insure: a. That standard residential security requirements as established by the Dublin Police Department are provided. b. That ramps, special parking spaces, signing, and other appropriate physical features for the handicapped, are provided throughout the site for all publicly used facilities. c. That continuous concrete curbing is provided for all parking stalls, if necessary. d. That exterior lighting of the building and site is not directed onto adjacent properties and the light source is shielded from direct offsite viewing. e. That all mechanical equipment, including air conditioning condensers, electrical and gas meters, is architecturally screened from view, and that electrical transformers are either underground or architecturally screened. f. That all vents, gutters, downspouts, flashings, etc., are painted to match the color of adjacent surface. g. That all materials and colors are to be as approved by the Dublin Community Development Department. Once constructed or installed, all improvements are to be maintained in accordance with the approved plans. Any changes, which affect the exterior character, shall be resubmitted to the Dublin Community Development Department for approval. h. That all exterior architectural elements visible from view and not detailed on the plans be finished in a style and in materials in harmony with the exterior of NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: the building. All materials shall wrap to the inside corners and terminate at a perpendicular wall plane. i. That all other public agencies that require review of the project are supplied with copies of the final building and site plans and that compliance is obtained with at least their minimum Code requirements. 18. Fees. The Applicant/Developer shall pay all applicable PW Zone 7 and Standard fees in effect at the time of building permit issuance Parkland In- including, but not limited to, Planning fees, Building fees, Lieu Fees Dublin San Ramon Services District fees, Public Facilities Due Prior to fees, Dublin Unified School District School Impact fees, Filing Each Public Works Traffic Impact fees, City of Dublin Fire Final Map; Services fees, Noise Mitigation fees, Inclusionary Other Fees Housing In-Lieu fees, Alameda County Flood and Water Required Conservation District (Zone 7) Drainage and Water with Connection fees, and any other fees either in effect at the Issuance of time and/or as noted in the Development Agreement. Building Permits 19. Final landscape plans, irrigation system plans, tree PL Issuance of Standard preservation techniques, and guarantees, shall be building reviewed and approved by the Dublin Planning Division permit prior to the issuance of the building permit. All such submittals shall insure: a. That plant material is utilized which will be capable of healthy growth within the given range of soil and climate. b. That proposed landscape screening is of a height and density so that it provides a positive visual impact within three years from the time of planting. c. That unless unusual circumstances prevail, at least 75% of the proposed trees on the site are a minimum of 15 gallons in size, and at least 50% of the proposed shrubs on the site are minimum of 5 gallons in size. d. That a plan for an automatic irrigation system be provided which assures that all plants get adequate water. In unusual circumstances, and if approved by Staff, a manual or quick coupler system may be used. e. That concrete curbing is to be used at the edges of all planters and paving surfaces where applicable. f. That all cut and fill slopes conform to the master 8 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: 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. 20. Water Efficient Landscaping Regulations: The PL On going Standard Applicant shall meet all requirements of the City of Dublin's Water-Efficient Landscaping Regulations, Section 8.88 of the Dublin Municipal Code. 21. Sustainable Landscape Practices: The landscape PL On going Standard design shall demonstrate compliance with sustainable landscape practices as detailed in the Bay-Friendly Landscape Guidelines by earning a minimum of 60 points or more on the Bay-Friendly scorecard and specifying that 75% of the non-turf planting only requires occasional, little or no shearing or summer water once established. 22. Plotting: The approved Site Development Review would PL Issuance of Project allow any of the three approved floor plans to be building Specific constructed on any of the lots within Neighborhood D-1, permits 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 9 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: 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. 23. Public Art Project: If the project is required to comply P&CS Issuance of Project with Sections 8.58.05A and 8.58.05D of Chapter 8.58 building Specific (Public Art Program) of the Dublin Municipal Code then permits Zoning the Applicant/Developer has elected to pay an in-lieu fee Ord Chp in accordance with Chapter 8.58 of the Dublin Municipal 8.58 Code and shall comply with the Public Art Compliance Report submitted by Applicant/Developer, dated October 11, 2012, and on file with the Planning Department. The value of the public art project is required to equal or exceed 0.5% of the building valuation (exclusive of land) for the project. The Building Official has determined that the total building valuation of the project (exclusive of land) is $35,415,401.00. Therefore, Applicant/Developer will pay a public art fee valued at a minimum amount of $177,077.00. 3 s 24. Clarification. In the event that there needs to be PW, PL On going Standard clarification to these Conditions of Approval, the City Engineer or Community Development Director has the authority to clarify the intent of these Conditions of Approval to the Developer without going to a public hearing. The City Engineer or Community Development Director also has the authority to make minor modifications to these conditions without going to a public hearing in order for the Applicant/Developer to fulfill needed improvements or mitigations resulting from impacts of this project. 25. Applicant/Developer shall obtain an Encroachment PW Construction Standard 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. 26. Applicant/Developer shall obtain a Grading / Sitework PW Construction Standard 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 10 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: project. Wall construction will be subject to plan review by the Public Works Department and the Building Division, and will be subject to special inspections during construction. 27. 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 permits. 28. Roof drainage shall be connected to a closed conduit, PW Tract impmt Standard discharging to a curb drain or connected to the storm agreement drain system. Concentrated flows will not be allowed to drain across public sidewalks 29. The Applicant/Developer is responsible for ensuring that PW During Standard all contractors implement all storm water pollution construction prevention measures in the SWPPP. 30. 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 engineer and Public Works Director. 31. 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. WUIC-I- NO lt� � 32. Building Codes and Ordinances: All project B Through Standard construction shall conform to all building codes and Completion ordinances in effect at the time of building permit. 33. 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 Building Division. 34. 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 I affected 11 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: 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 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 landscaping and associated improvements. 35. Building Permits: To apply for building permits, B Issuance of Standard Applicant/Developer shall submit seven (7) sets of building construction plans to the Building Division for plan check. permit Each set of plans shall have attached an annotated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participation non-City agencies prior to the issuance of building permits. 36. 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. 37. 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 12 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: 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. 38. Temporary Fencing: Temporary Construction fencing B Through Standard shall be installed along the perimeter of all work under completion construction. 39. Addressing: B Issuance of Standard a. Provide a site plan with the City of Dublin's address building grid overlaid on the plans (1 to 30 scale). Highlight all permit and exterior door openings on plans (front, rear, garage, through etc.). (Prior to release of addresses) completion b. Provide plan for display of addresses. The Building Official and Director of Community Development shall approve plan prior to issuance of the first building permit. (Prior to permitting) c. Addresses will be required on the front of the dwellings. Addresses are also required near the garage door opening if the opening is not on the same side of the dwelling as the front door. (Prior to permitting) d. Address signage shall be provided as per the Dublin Residential Security Code. (Occupancy of any Unit). e. Provide a site plan with the approved addresses in 1 to 400 scale prior to approval or release of the project addresses. (Prior to permitting) f. Exterior address numbers shall be backlight and be posted in such a way that they can be seen from the street. 40. 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 scheduling the final frame inspection. 41. 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 approval._ 42. Green Building: Green Building measures as detailed B Through Standard may be adjusted prior to master plan check a plication completion 13 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: 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/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. App Iicant/Deve lope r shall inform the Green Building Official of method of certification prior to release of the first permit in each subdivision / neighborhood. 43. 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 prior to the issuance of the final occupancy. 44. 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 14 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: cause the trailer to be moved from its current location at the time necessary as determined by the Building Official at the Applicant/Developer's ex ense. 45. Copies of Approved Plans: Applicant/Developer shall B 30 days Standard provide City with 4 reduced (1/2 size) copies of the after permit approved plan. and each revision issuance UR� NC}LIG 46. 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. 47. Graffiti. The Applicant/Developer shall keep the site clear PO, PL Ongoing Standard of graffiti on a regular and continuous basis and at all times. Graffiti resistant materials should be used. PASSED, APPROVED AND ADOPTED this 11th day of December 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: 15 Planning Commissioner Chair ATTEST: Assistant Community Development Director G:IPA#12007107-005 PositanolD-4 Calarosa 21PC Reso_SDR Calarosa D4 12.11.12.doc 16 � r <s; W 4-J .� E CL N of u cd c 10� CD z $ ® N z 0� cm Z > r" W o' U z W ° -' m I D '> a� 4J N O = z o sL s > o c r - ._ o z a p N N u L M o U — cd %0 " ^^cd a O Ln T 3: a, cz L c U o � u U � u 0 ca tv Ln `n Cd CL m m -J N CO M 00 ca, 00 — a a o v •5 ' a .o C NN O L ,� U . Q O NUU ^ (d to N L Cr N N O of N 00 U C C +1 Q N �� u t N Q Q t O M of = NNUN W ct CN Q NUU m � N N N D!Cys O U O� •C > (UG (z H CO N cad C ^ C N � EJLnE J V (UNc% a% (n U N bzs Op Q O dS co m > U C W 0 W c O c c O c C C C O c O +J O O ri 4- OO .�.L L. L L � m L L L _ (o > LL � > _U LL LL � > N C's of W N W _ H W W y H W a U W d W O O O _ cd 4. O M L C1 � O ct L 4J 4+ O CZ L Q. 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A O 0 W A 3 D C O N n F)' N � � ww � C) ° m ° m T. mcn ° m °. w cn C70 (D (D m o C 3 m G) ° m ?� m C) v O C7 m m 3 o y N' D W 'm a D M ° CD v m ° 3 n 'D Q 3 N m Z D m 3 c D m m v n c m o (D m �' 3 m m v m n (n - - (D CD -0 N 0 `� cn N W j o_ (n N (n N v D ° O -• c : ° o n » N v A m CD o n d < c m CD c (D G7 D ° a r < ° 3 CE O °' v DD m 0 w o > j. M m rn m (�D CD (D N a CD CO Z Cn m _ iD U) m n (n (7 (D 10(n m CD m o (n ° o �' i cn Cn c v c o m 3 v 3 m 3 (D v CGD `� CD CD I I a, C7 u 7 z Points NU 0 0 0 0 0 0 0 0 o o D o N o o Achieved N s W N Community 0 0 Energy Cn T. - N. IAQ/Health 0 0. o �' s Cn (nn Resources t Water v (n m OD 0 FT I � z z z z z zzzzz Z -< -< z z z z { • O N O O O O 0 0 0 0 0 O N ti O O O O N O y W � m N � p .� � N � s T• (11 • i? < m ODC 6 ° C 6m pCL -_ n x I m DrN " � °i m o CA CDo . vr � DDy ODDDy a7 CJ ((D (D = O �' C O. n O N O .=N-. N N 0 On d = _ �. O = _ m fD (D •CD G7 v o 3 o c * v o - r m o m e ° m < v m _ < 0 0 = _ ° CD (° (n C O 0 in Q Z (D - p1 Q (p N p1 0 0 N O O CD m n = m 00 CD W o'i v 21 0 CD 0 O W m (D 10 7' 3 o o -u 3 3 0 cn cn p � v c) 7 (n c T7 Q D = - -, 7 Cn 1 O 0 3 T7 (D (D 0 (D (D -- -- O N N O o � � m n =< ° Tr -In3 r � m c� c � (no _p3 3 � �tcn ? �. 0 (D O .ZJ p1 < N Cl 7 ('D 0 N (D p.7 p1 0 0 < 0 0 0 co 0 0o n o_ � O m m n - < ° (n ° (� o cn ? 7' n A o N O C 7 0 7 = O 7 0 0 n m m� � (Oi) < O- � 0 n 9' n ° 3 ip-oa n '' m n o' v o D _ c 3 4o (D m, m 3 CD 0 Q W CD n (D �J 3 0 < 0 3 o r n ? v v cn 3 ? m > 5 O ° 0 O O O n1 n v ((DO ° o o ° ° a�_ 5n op N oo N on ti 3 y 0_ cn m ° �t ° CD o s w n m y s CD cn v o m m y ° s N -0 0 N O o o C7 2 C) CD on < v m o ° m m ° 3 3 3 m 3 m ° m y (n < c S» m Q 0. o m m m (n m o m cn m D -U (D m o o v o T - v m rn G7 Cr _< N o m v N 3 D (D fD C C N N N 3 N O N O G1 pF1 (OD CO fD 3 (n O _� CJ O C C O (D �1 N N N D (D O- O & N (D (n N (fin O C: (D N O O Q ~ D � o O 3 ooh r- E (D (D =r (D (D v M. � ism (� 3 n p7 n (D CJl C 0 * x N 9 > > O O fn C v ,n v O �. D 0 0 n cn 3 < C ? 0- 0 3 c r cD 3 m O n o O o °-' v n C Q0 n (D ) -0 3 n 0 o Q o. � � 0 ;0 0 3 m -L m v 6 5 v O^ --1 N i " CD _ m (, _o N N ` O X N O N O CD � N a < n C p � Q C-) O (D O N N C/) CD n Q m 0 m o D w N T 0_ v ° o Q Q r- n ID a) O N n m m C7 N : v S CO Z n D 0 T ry n O 0 7' O N N 0 0 (n N a o m 9 �. N 0 3 c1 n O N s y ° m0 w s N ;U3 v 3 3 o N v Erg D N 0 0 O 0 D N N C N 3 O (D (n O G O N `G - 7 Q (7 O O D N r � 01 3 v ° � m X O 3 0 O � coo m N (� i N c m z U) zl ° o N - (o �• °o < 0 v -t m 0 _ m N ° o n s iv Q m 3 CL ° < to cD C7 u 17. zr W o (D N• O N O O O O O O O O O N O O O O 0 0'. O O 1 !Points Achieved N W Community N � P O Energy IAQ/Health Resources 3 N Water v m 0 A � n z z z z z z z z z z z z z z • y In N N r o 0 0 0 o N N N o 0 0 0 0 0 0 0 0 Q N = W - A W N • p Z 7 7 7 7 D 6 W IV ' ? .' 0 0 0 0 0 o c c o w m p p T O = D < < < < < 0 w ° c w a o O D c Dr Q ° _ ° �; v v v °' (D o c w 0 �• y ? 3 w m v 3 o < c • G7 O O G7 a 'o' °. m D o 0 0' 0' 0' N m v w cD S 0 n o v (D to lD (D CD O O �. ,-p„ (D r. 7 7 > > �' N o. = o o' °- ' y w = (D cG W p CD v > > > To y �� � N G) mmmmm w ' ° 0 L v 0 � y < nnLo =.�' m m CO CD - W N N (D W (� i� (� N N S =3 2.-00. O Cn f'D n N' (ten (D cc L7 dCD C:) rn rn Q y d-0 C C C C C (n N CD _ (n w 0 w w N N (D 3 (p 0 -. n -0 -o -o -0 D w �' O G7 w ,G' N (D .. N D C 3 W N (?D N 0 v 0 0 0 0 0 0 (c - (D O C� (D (D w (D E O p t (D O 3 j (D (D 0 �. in' N Q O A A A A A (D W < Q p p .Z�l 3_ - !D ? N N m 0 "O Q _ (D D 7'In N W O w w Cr D �' 7 7 �' 7' O, (� v w Q�. d - (D a (D (D n p (D - ( n W r N (A pl N (%1 o (D 3 Q 3 m M O D s 0 0 _d ? N N m OQ ? Q G) N C O v �. N C N `G 1 N <O ° Q - - - - - w N N �- N n CD N ° O CL W S O (D w O �' m m m m m (D Q w 3 - (D p .< 0 = N O (D CD ct,3 0 3' (b 0 c� m m (D m C In 3 CD w p cn m 0 CD �_. 3 ° N C C X p w (�• �' 7 CO Cn N j Q � C7 Q O_ d Q Q N O (D w G =� G S 0 N d n G N (D (D (D (D (D 3 (D (O n L = �• Q 0 O Q. r- w 0 0 w N * � C (D (D v A (D w 3 w. c ° m O N _ 9 3 o N o' p 3 ° o (D o` �' 4CD �'a a'a Q0' o m 0 N. vn � � p 3 w' z cp Q O• 0 0 0' O• O - A (D 0 ° D �= w ° 3 w 0 3 �I (p O 7 w S S S S S w 7 w 3 w D g 0 a ° O w — m m m m m = ° - v Do — w I o (D C) 4 Q D v . 5• n 0 rn — rn m n m y o m m m m m v n U) w O » 0 (D n p fD (D d w p G - 7 C 3 w N O a Q j �' Q N N ,Q w 6 (D w w Q O ,n.. Cr d S(D 3 _ N C (D "' N 03 0 0 0 (D Ch N v O j (� j C, p 3 = p_ 'p ON C o p j, (D p c. (D (D v O m m m D �' CD N N o ° (° m CL <n 3 y n � in O N c m 0 o Z Cn a• v, :z 3 ° w 0 o O Q o. O 7' 3 p S O TI c0 O 7 y N O w N s N 3v Cr ° v � � v (D 3 (D 3 (n `C O O m u w m %n n (D zr I O (D rn o 0 0 0 o N o 0 0 0 0 0 0 0 0 Points iv Achieved Community N ^ Energy IAQ/Health 0 Resources jN N) , Water s v m 0 0 0 (D p (D (D (D (D c(DD • D N v, m m En ro a .0 CCD c m Q) m' 0 a) -, Z S(C2 cn Cr Q`O y = w m o rn-o cn 0 A..: • OL � m v W� O \ ( (D DC� C) a0C� DaC) _ 0 y 0 6) ? C7 o y 0 01� m CD Z) _ m m M m m m m m rn (D 0 o c, --i 0 b (n 0 3 7 7 7 N 7 0 7 O 3 `.. CAD ^+: CD CL O O m y A A N " 3 A �? m (D m ?' 3 N U1 6 — O A N -Z O O n W 0 0 ry' •A �- UJ f� Cn Cn O -O CA -b p CD w iv 3 CD v O Q G G v o Cl, d n ° o Cn 7. � 3 �� 7d r7 N rrl 3 c Q m (D o ris C ' N m (n Cn 'o CD N m 0 v D v v 2. N 7 7 — M 7 ry CD O (D n O CD ?- CD p O O _ Q 0 0 7 `2 3 o w N CD M 5 7 :3 (D N• CD N U1 tv -n � Cll 0 Cn O O <2 : (D D- 3 y �. v a w N O N 7 U (n CD 7 _. O O.a O Cn in �• = 3 m CL CD o m 7 Q • in n CL 3 0 C O 7 j' .0.. Cr Q'O C _ co N Q CD 7 N 3 Cn D) Cl) d N = O Cr 7 CD _ CD • 7 O O 7 n O CD Cn 7'O "O CU CD CD CD _ C] C) CD ,(n» O O CJ 0 CD CD N (U 0 N N N _ N N O O N O O CD 7 (D O CD (D N N O O CD :3 0 Points N00 ° { Achieved Community w (D CD °+' Energy v' A IAQ/Health 0 Resources •• to D' Water co CD 0 OF�DU��2 sz STAFF REPORT PLANNING COMMISSION �'1LIFOR�� DATE: December 11, 2012 TO: Planning Commission SUBJECT: PUBLIC HEARING: PLPA-2012-00054 Fountainhead Montessori Conditional Use Permit and Site Development Review for the operation of a Day Care Center and Community Facility and related building and site improvements. Prepared By. Martha Aja, Environmental Coordinator EXECUTIVE SUMMARY: The Planning Commission will consider a request for a Conditional Use Permit to allow the operation of a Day Care Center and a Community Facility (Elementary School) with up to 381 children and a Site Development Review Permit for fagade modifications to three existing buildings and associated site improvements, including additional outdoor play areas, alterations to parking and circulation and the installation of landscaping and fencing. The Project site is located at 6665, 6670 and 6690 Amador Plaza Road within the Dublin Specific Plan area. 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 Conditional Use Permit for the operation of a Day Care Center and Community Facility and Site Development Review Permit for fagade modifications and related site improvements at 6665, 6670 & 6690 Amador Plaza Road (APN 941-1500-51, 52, 53). ZIL'-, Submitted By Revi ed By Environmental Coord nator Assistant Community Development Director COPIES TO: Applicant File Q a ITEM NO.: D Page 1 of 9 DESCRIPTION: Figure 1. Project Site (6665, 6670 & 6690 Amador Plaza Rd) The 4.55 acre Project site is located at the southerly terminus of Amador Plaza Road and is currently developed with three two- story office buildings (each 20,256 square feet). Adjacent uses include retail uses to the north, an auto dealership to the east, office and light industrial uses to the west and Interstate 580 to the south. The site has a General Plan, Downtown ,. Dublin Specific Plan and Zoning Project Site designation of Downtown Dublin — Transit Oriented District. The project site is developed with three existing two-story office Existing Daycare buildings. The office buildings are identical and are each 20,256 square feet. Four office buildings were originally constructed in the early 1980's on the project site. Subsequently, one of the four office buildings burned down and was never reconstructed. In April 2006 Fountainhead Montessori received approvals to operate a day care center on the ground floor of one of the office buildings (6665 Amador Plaza Road) for up to 135 children and includes an existing 5,875 square foot outdoor play area located to the east of the building (see Attachment 1, 2, & 3). This approval allowed Fountainhead Montessori to provide child care services for up to 135 children ages 18 months through kindergarten. The existing day care center operates from 7:00 am to 6:00 pm Monday through Friday. The property is now under contract to be purchased by the Applicant. The Applicant is proposing to expand into the ground floor of the other two office buildings (6670 and 6690 Amador Plaza Road) in order to expand the Day Care Center and operate an elementary school at the project site. The Applicant is currently requesting approval of a Conditional Use Permit to allow the operation of a Day Care Center and Community Facility (Elementary School) with up to 381 children and a Site Development Review Permit to make fagade modifications to all three buildings and site modifications including new outdoor play areas, a soccer field, alterations to the parking and circulation and installation of landscaping and fencing. Under the current proposal, the Applicant is proposing to lease out approximately 20,000 square feet of office space to various tenants. The second floor office space of two of the buildings (6670 & 6690 Amador Plaza Road) will be leased to non-Fountainhead Montessori tenants. The remaining second floor office spaces will be utilized by Fountainhead Montessori. 2 of 9 ANALYSIS: Conditional Use Permit A Conditional Use Permit enables the City to place Conditions of Approval on a project to ensure that the operating characteristics are compatible with surrounding uses. The proposed Project has been reviewed for issues related to noise, parking and other operating characteristics such as hours of operation and outdoor play activities. Conditions of approval have been placed on the Project, where appropriate, to ensure compatibility with the surrounding commercial uses. The Applicant is proposing to operate a Day Care Center and an Elementary School with 42 employees and up to 381 children between 18 months - 10 years of age as further discussed below. The hours of operation would be 7:00 am to 6:30 pm Monday through Friday. Below is a description of the proposed uses. Building 1 (6665 Amador Plaza): Building 1 is the existing Pre-Primary School. The Applicant is proposing a total of 165 children in this building. The second floor office space will be utilized by Fountainhead Montessori Staff. Pre-Primary programs are for children ages 3-5 and may include morning preschool, afternoon preschool or a combination of the two. This program is a preparatory environmental for elementary school. Building 2 (6670 Amador Plaza): Building 2 will include the proposed Day Care. The Applicant is proposing to provide care for up to 48 children at this building. This program is essentially childcare and it is available to kids who are on site before and after regular class time. This environment offers opportunities for play, art and socializing. Building 2 will also include the proposed Elementary School which will be for up to 72 children. The Applicant is proposing 4 classrooms. The Elementary School is for school aged children 6- 10 years and will offer a full day program. The second floor office space (9,394 square feet) of this building will be leased to various office tenants. Building 3 (6690 Amador Plaza). Building 3 will include the proposed Prep School. The Applicant is proposing a total of 96 children. This program is a preparatory environment for children ages 18 months to 3.5 years of age. The main goal of the program is socialization and learning to be at school. The second floor office space (9,394 square feet) of this building will be leased to various office tenants. Noise The Dublin General Plan Noise Element includes policies regarding noise and the location of lands uses. A Noise Study was previously prepared by Charles M Salter and Associates for the Fountainhead Montessori Day Care Center. The previous study concluded that noise from the children would be negligible compared to the existing traffic noise along 1-680 (Attachment 4). 3 of 9 While the proposed project does includes new outdoor play areas, these areas are not located adjacent to residential land uses or other sensitive receptors. Therefore the City did not require that the Applicant prepare a noise study for the project. A Condition of Approval (COA No. 13) has been included in the draft Resolution to ensure that outdoor activities are controlled so as not to become a nuisance to persons working in the vicinity of the Day Care Center and Elementary School (Attachment 5). Parking The City of Dublin Zoning Ordinance contains parking requirements by use type. The proposed mix of uses generates a parking requirement of 168 parking spaces as shown in Table 1 below. The Applicant proposes to provide 172 parking spaces as shown on the attached project plans (Exhibit A of Attachment 5, Sheet AO). Table 1. Day Care Center Parking Requirements Parking Standard Proposed Project Required Parking Consists of Spaces Day Care Center 1 space/employee 32 employees 32 spaces 1 space/5 children 309 children 62 spaces Elementary School 2 spaces/Classroom 4 classrooms 8 cars Non-Montessori Offices 1 space/300 SF 19,788 SF 66 Total Required Parking 168 spaces Site Development Review Parkinq and Circulation Access to the Project site is provided from two existing driveways on Amador Plaza Road. Both driveways are fully improved and provide vehicular access to the existing three buildings. The Project site includes 172 parking spaces including six accessible spaces for persons with disabilities. The circulation through the site is designed to be one-way. One of the driveways will be an "In" only driveway and the second driveway will be "In" and "Out." The site's circulation was reviewed by the City Engineer and the City Traffic Engineer. It was determined that one-way circulation will result in improved vehicular flow through the site. Additionally, each of the three buildings includes a drop-off area. As is the case with the existing Day Care, it is anticipated that many parents will drop off their children in these drop-off areas instead of parking and walking their children inside the building. Condition of Approval No. 12 has been included which requires a staff member to be present in the drop-off area at each of the buildings to greet the kids as they get dropped off and guide the children into the protected play area. It is anticipated that this Condition will reduce the need for parents to park the car and walk the children inside. Play Areas The Applicant is proposing two new outdoor play areas and a soccer field as shown in Figure 2 below. The outdoor play area for Building 2 is 7,627 square feet and is located adjacent to the north elevation of the building. This play area would be located in-between Building 2 and the proposed new soccer field. The outdoor play area for Building 3 is 3,700 square feet and is located adjacent to the west elevation of Building 3. The two new outdoor play areas would both be enclosed with a 6-foot high vinyl clad chain link fence (Exhibit A of Attachment 5, Sheet L2) and would include a play structure within the play area. These fences are not visible from the 4of9 public right-of-way. The proposed fence is consistent with the fence that encloses the existing play area at Building 1 (6665 Amador Plaza). Please refer to the site plan below for the location of the proposed new play areas. The Applicant is proposing a 90' by 135' turf ball field located in-between Buildings 2 and 3 (Exhibit A of Attachment 5, Sheet Al). The location of the turf field is in the same location where the fourth office building was previously located. The turf field would be enclosed by a 6-foot tall fence. Figure 2 — Play Areas Amador Plaza Road t Existing Outdoor Play Area - Building 1 O � a �= NORTH i Proposed Outdoor Play Proposed Outdoor Play Area - Building 2 Area - Building 3 "" i Proposed Soccer /*7 Field Trash Enclosure The project site has two existing trash enclosures. The Applicant is proposing to remove these two enclosures and to construct one large trash enclosure. The enclosure will include a roof and connection to the sanitary sewer and will comply with the City of Dublin's Solid Waste and Recycling Enclosure Standards adopted by the City Council in June 2011.The enclosure includes the same colors and materials as those proposed for the buildings. Building Elevations The Applicant is proposing to upgrade the facades of the three office buildings. The proposed modifications will be the same for all three buildings. The Applicant is proposing to use fiber cement siding for the walls. The existing plaster is proposed to be painted tan to match the siding. The existing tile roof and storefront windows would remain as is. The picture to the left shows the existing elevations of the office building. All of the existing office buildings are identical to one another in size, materials and colors. 5 of 9 ■ The Applicant is also proposing a lobby entry feature at each of the three buildings. The entry feature would include a trellis feature and decorative lighting (Exhibit A of Attachment 5, Sheet CB). A Fountainhead Montessori entry feature is proposed at the site's entrance. The entry feature would incorporate the materials and colors of the buildings. The picture bellow shows the proposed entry feature of the project and the proposed facade remodel. I 0 6 p Compliance with the Downtown Dublin Specific Plan Design Guidelines The Downtown Dublin Specific Plan contains Design Guidelines for development occurring within the Specific Plan Area. Some of the design standards contained in the Design Guidelines are required while others are recommended; the Design Guidelines also include standards that may not necessarily be recommended but are allowed or optional. The Design Guidelines require that all building facades that are visible from the public realm be designed with similar architectural elements, materials and colors as the front fagade. The proposed three buildings would have fiber cement siding on all four elevations. Each of the buildings also includes a trellis entry feature which incorporates the building material and includes decorative lighting. Landscaping The Applicant is proposing to add additional trees and shrubs around the buildings and outdoor play areas. Additionally, a garden area is proposed in front of Building 1). The Applicant is proposing to remove certain trees on the project site to allow for the proposed site improvements, which include the additional play areas and modifications to the parking and circulation. The majority of the perimeter trees, including all the large redwoods, will be retained. Please refer to Exhibit A of Attachment 5, Sheet L2 for the planting plan. As required by Provision C.3 of the Municipal Regional Permit, the Applicant is installing storm water basins throughout the site to treat the site's stormwater runoff. The storm water basins are located adjacent to the driveway and drive aisles. The storm water basins will account for more than 1,650 square feet of landscaping on the site. 6 of 9 CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLAN AND ZONING ORDINANCE: The Project is consistent with the General Plan land use designation of Downtown Dublin — Transit Oriented District which allows for range of uses consistent with the Downtown Dublin Specific Plan. The Project is consistent with the Downtown Dublin Specific Plan land use designation of Downtown Dublin —Transit Oriented District in that Day Care Centers and Community Facilities are a conditionally permitted use and the development of the Project site complies with the development standards and design guidelines contained in the Downtown Dublin Specific Plan. 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 5). 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: 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 Project be found Categorically Exempt from CEQA, pursuant to CEQA Guidelines Section 15304, Minor Alterations to Land. The project consists of a Conditional Use Permit to allow the operation of a Day Care Center and a Community Facility (elementary school) for up to 381 students; and a Site Development Review permit for fagade enhancements to three existing buildings and site modifications which would include the construction of additional outdoor play areas, alternations to parking and circulation and the installation of landscaping and fencing. ATTACHMENTS: 1) Planning Commission Staff Reported dated April 25, 2006 without Attachments. 2) Planning Commission Minutes dated April 25, 2006. 3) Planning Commission Resolution 06-10 approving a Conditional Use Permit and Site Development Review to operate a day care center, construct an outdoor playground, and make associated site improvements for Fountainhead Montessori School located at 6665 Amador Plaza Road. 4) Charles M. Salter and Associates Noise Study dated March 23, 2006. 7of9 5) Resolution approving a Conditional Use Permit for the operation of a Day Care Center and Community Facility and Site Development Review for fagade modifications and related site improvements at 6665, 6670 and 6690 amador Plaza Road with the project plans attached as Exhibit A. 8of9 GENERAL INFORMATION: APPLICANT: Dave Johnson, Johnson Lyman Architects, 1375 Locust Street, #202, Walnut Creek, CA 94596 PROPERTY OWNER: Karyn Mitchell, HHH Investment, 5601 Arnold Road, Ste. 101, Dublin, CA 94568 LOCATION: 6665, 6670 & 6690 Amador Plaza Road ASSESSORS PARCEL NUMBER: 941-1500-51, 52, 53 GENERAL PLAN LAND USE DESIGNATION: Downtown Dublin — Transit Oriented District SPECIFIC PLAN LAND USE DESIGNATION: Downtown Dublin Specific Plan —Transit Oriented District SURROUNDING USES: LOCATION ZONING GENERAL PLAN LAND USE CURRENT USE OF PROPERTY North DDZD Downtown Dublin — Transit Commercial Oriented District South N/A N/A Freeway East DDZD Downtown Dublin — Transit Commercial Oriented District West DDZD Downtown Dublin — Transit Office & Light Industrial Oriented District REFERENCES: General Plan Downtown Dublin Specific Plan Zoning Ordinance 9of9 -of�bU�,y 1 ,82 AGENDA STATEMENT 2006 PLANNING COMMISSION MEETING DATE: April 25 l p 25, 2006 PUBLIC HEARING: PA 06-008 Fountainhead Montessori School — Conditional Use Permit and Site Development Review (Adjudicatory Action) Report Prepared by Marnie R. Nuccio, Associate Planner ATTACHMENTS: 1. Resolution approving PA 06-008 Fountainhead Montessori School Conditional Use Permit and Site Development Review to operate a Day Care Center, Construct an Outdoor Playground, and make associated site improvements at 6665 Amador Plaza Road, with Project Plans attached as Exhibit A 2. City Council Resolution 2-97 approving a Planned Development Rezone for PA 96-043 Enea Plaza 3. Charles M Salter and Associates Noise Study dated 23 March 2006 RECOMMENDATION: 1. Receive Staff presentation 2. Open the public hearing 3. Take testimony from the Applicant and the public 4. Close public hearing and deliberate 5. Adopt Resolution (Attachment 1) approving PA 06-008 Fountainhead Montessori School Conditional Use Permit and Site Development Review to operate a Day Care Center, Construct an Outdoor Playground, and make associated site improvements at 6665 Amador Plaza Road, with Project Plans attached as Exhibit A PROJECT DESCRIPTION: Fountainhead Montessori School is a day care center for children ages 18 months through kindergarten. Their existing facility is located at 6901 York Drive on a portion of the Valley High School site. The Dublin Unified School District has leased space to Fountainhead Montessori at various locations for over 20 years. As part of the School District's plan to offer Adult Education classes, the District terminated their lease with Fountainhead Montessori at the Valley High School site. The Fountainhead Montessori School would like to remain in Dublin and is seeking approval of a Conditional Use Permit and Site Development Review to operate their day care center for up to 135 children at 6665 Amador Plaza Road. Modifications to the site layout are also proposed and include the construction of an outdoor playground, alterations to parking and circulation, and the installation of landscaping and fencing. COPIES TO: Applicant Property Owner File S. ] ITEM NO. ' CAPA#\2006\06-003 Fountainhead MontessorOPCSR 04-25-06.doc ATTACHMENT 1 In accordance with Chapter 8.32 Planned Development Zoning District, Chapter 8.100 Conditional Use Permit, and Chapter 8.104 Site Development Review, the Applicant is requesting the following approvals: 1. A minor amendment to the adopted Development Plan for Planned Development Zoning District (PA 96-043), 2. A Conditional Use Permit for the operation of a day care center at 6665 Amador Plaza Road, and 3. Site Development Review for modifications to the site layout at 6665 Amador Plaza Road. ANALYSIS: Minor Amendment to Development Plan In January of 1997, the City Council approved the consolidation of three (3) Planned Development Zoning Districts into one zoning district known as Planned Development Zoning District (PA 96-043), Enea Plaza and adopted a Development Plan which set forth the general provisions and development standards for the District (Attachment 2). In the Resolution approving the Development Plan the Zoning District is described as a retail commercial zoning district. The regulations and standards contained within the Development Plan are consistent with a retail commercial development and include permitted uses such as retail shopper goods, eating and drinking establishments, personal services and office uses. Conditional uses include community facilities, recreational facilities, movie theatres, vehicle sales and service, nursing facilities, service stations, and others. Day Care Centers are not included in the list of permitted, conditional, or prohibited uses. The City Council Resolution states that "...development and operation of land use activities within this planned development shall be subject to the City of Dublin Zoning Code in effect at the time of development and land use activities are considered. " The closest comparable zoning district to Planned Development Zoning District (PA 96-043) is C-1, Retail Commercial. Within this Zoning District, Day Care Centers are a conditional use. Section 8.32.080 of the Dublin Zoning Ordinance allows for minor amendments to an approved Development Plan by means of a Conditional Use Permit approved by the Planning Commission "upon a finding that the amendment substantially complies with and does not materially change the provisions or- intent of the adopted Planned Development Zoning District Ordinance for the site. " The intent of the Planned Development Zoning District is to encourage retail commercial development within the District that is compatible with existing commercial uses in the immediate vicinity. The operation of a Day Care Center is consistent with retail commercial development and would be compatible with surrounding commercial uses. Should the PIanning Commission decide to grant a minor amendment to the Development Plan for Planned Development Zoning District (PA 96-043), Day Care Centers would become a conditional use within the entire+19.9-acre District area(See Figure 1 below). If the Planning Commission decides not to grant the request for a minor amendment to the Development Plan, the Applicant's requests for a Conditional Use Permit and Site Development Review to operate a Day Care Center would have to be denied. 2 of 8 Figure 1. Planned Development Zoning District (PA 96-043) Boundary �r v Dublin Blvd 1-680 Golden Gate A Drive mador PIaza Road r St. Patrick's ' Way I-580 � x1 Conditional Use Permit The Fountainhead Montessori School is requesting approval of a Conditional Use Permit to operate an approximately 6,669 square foot Day Care Center with an approximately 7,720 square foot outdoor playground at 6665 Amador Plaza Road. The day care center would provide child care services for up to 135 children ages 18 months through kindergarten. The day care would operate from 7:00 a.m. to 6:00 p.m. Monday through Friday with a maximum of eighteen employees on-site between the hours of 9:00 a.m. and 1:00 p.m. The proposed day care center would occupy a portion of the first floor of a two-story office building (Sheet A2, Exhibit A of Attachment 1). There would be seven activity rooms ranging in size from approximately 470 square feet to 1,230 square feet. The day care center would be sprinklered as required by the Building and Fire Codes. Other tenants would also occupy the two-story office building, one on the first floor and multiple tenants on the second floor. All tenants are categorized as Office uses. The administrative offices for Fountainhead Montessori would also occupy space on the second floor. Because office uses are permitted within the Planned Development Zoning District, Fountainhead Montessori's occupancy of the second floor is not part of the Conditional Use Permit request. Approval of the Conditional Use Permit request is contingent upon the Planning Commission approving the request for a minor amendment to the Development Plan for Planned Development Zoning District (PA 96-043). Site Development Review The project includes modifications to the existing site layout to accommodate an outdoor playground for the day care center. The playground would be located to the rear of the building at 6665 Amador Plaza Road within the existing parking lot and would result in a loss of 43 parking spaces (see discussion below on parking). 3 of 8 The playground would be approximately 7,720 square feet in size and would be enclosed with a 6-foot high fence. The fence would be constructed of decorative steel or similar durable materials. It would be designed to allow for visual surveillance of the playground and rear doors to the building from areas within the parking lot. Two gates would provide access to the playground, one on the east end and the other on the west end. The gate Iocated at the east end of the playground would be the primary access point to the day care center while the gate on the west end would primarily be used for exiting purposes. Both gates would be equipped with panic hardware as required by the Building and Fire codes. Along the front of the building a portion of the existing walkway would also be enclosed by a fence. The fence would be constructed of wrought iron pickets and would be 5 feet in height. A gate on either end of the fence would allow for emergency egress. This fence would prevent public access to the day care center. Landscaping The fencing along the perimeter of the outdoor playground would be softened with a 5-foot wide continuous planting strip of evergreen shrubs and flowering accent plants. Ornamental pears would also be planted along the perimeter of the playground and would complement existing ornamental pears located at the rear of the building and along the eastern property line. The Applicant also proposes to enhance existing landscaping by adding flowering accent plants to landscape planters along the north, east, and west sides of the building. New shrubs and groundcover would also be planted along the southern property line to fill in and enhance the landscaping in this area. All existing trees would remain throughout the site. Parking and Circulation The site of the proposed day care center is one of 3 parcels within a phased office development. Four office buildings and 319 parking stalls were originally constructed in the early 1980's. Subsequently, one of the four office buildings burned down and only three currently remain. Each of the remaining buildings is approximately 20,600 square feet in size. The Development Plan approved for this Planned Development Zoning District(PA 96-043) adopted the following parking ratios: • 4 spaces per 1,000 square feet of net rentable office space (the Zoning Ordinance requires I space per 250 square feet of gross floor area) • 5 spaces per 1,000 square feet of net rentable retail space (the Zoning Ordinance requires 1 per 300 to 1 per 400 square feet of gross floor area) Day Care Centers have the following parking requirements: • 1 space per employee • 1 space per company vehicle • 1 loading space for every 5 children The construction of the outdoor playground would result in a loss of 43 parking spaces leaving a total of 276 spaces available for all users of the three office buildings including Fountainhead Montessori School. Gross floor areas were used because precise net rentable areas could not be obtained. Based on gross floor area calculations the following number of parking spaces would be required: 4of8 Address Gross Parking Requirement** Parking Square Spaces Foota e* Required 6665 Amador Plaza • Fountainhead Montessori 6,999 1 per employee, I per 5 children, 1 46 per company vehicle*** • Office Uses 13,158 4 per 1,000 sq. ft. of net rentable area 54 6670 Amador Plaza • Office Uses 20,187 4 per 1,000 sq. ft. of net rentable area 81 6690 Amador Plaza • Office Uses 20,187 4 per 1,000 sq. ft. of net rentable area 81 TOTAL 262 *Gross square footages were used for the purpose of calculating parking because net rentable areas were not available. **The parking requirement is per the development standards for the PD, Planned Development Zoning District(PA 96-043)in which the project is located. ***Fountainhead Montessori would have 18 employees, 135 children and I company vehicle. A total of 262 parking spaces would be needed to adequately serve all office uses and the proposed day care center. Even with a loss of 43 parking spaces, a surplus of 14 spaces would still remain. It is also worth noting that if net rentable areas could be obtained, a greater surplus of parking would be available. The vehicular circulation patterns for the site would be modified along the rear of the building in order to accommodate the proposed outdoor playground. A two-way drive aisle with parking on both sides (see Figure 2) would be replaced with a one-way, westbound drive aisle (see Figure 3). Fi ure 2. Existing two-way drive aisle with parking on both sides. l� Nom. Asyt+ yr f �$ 5 of 8 Figure 3. Proposed one-way, westbound drive aisle. F' i The revised parking and circulation layout has been reviewed by the City's Traffic Engineer and the proposed changes were found to be appropriate for the use and would not result in any negative impacts to the site or its current or future users. The project has been conditioned to include appropriate traffic signs and pavement markings to direct and inform motorists in a sale and effective manner_ Noise An acoustical report was prepared by Charles M. Salter Associates to evaluate potential noise impacts from the day care center on adjacent office users (Attachment 3). Acoustical measurements were taken at the existing Fountainhead Montessori site, located at 6901 York Drive, and at the proposed day care center site, located at 6665 Amador Plaza Road. The study found that the traffic noise levels from the Interstate 580/680 interchange which runs along the southwest edge of the site would exceed the noise generated by children playing outdoors. The study concluded that the anticipated outdoor activities by the day care center would not impact adjacent office users because the noise generated from children playing outdoors compared to the existing traffic noise would be negligible. Noticing In accordance with State law, a public notice was mailed to all property owners and occupants/residents within three hundred feet of the proposed project to advertise the project and the public hearing scheduled for April 25, 2006. The public notice was also published in the Valley Times and posted at several locations throughout the City. Review by Applicable City Departments and Agencies The Public Works Department, Building Division, Alameda County Fire Department, Dublin Police Services, and Dublin San Ramon Services District have all reviewed the proposed project. Conditions of approval from these departments and agencies have been included in the proposed Resolution (Attachment 1). 6of8 Consistency with General Plan West Dublin BART Specific Plan, Planned Development Zoning-District (PA 96-043) and the Zoning Ordinance The project is located within the Primary Planning Area and is designated as Retail/Office on the General Plan Land Use Map. The West Dublin BART Specific Plan designates the project site as Commercial B which includes smaller scale commercial uses such as specialty retail, restaurants, offices, entertaining, and similar pedestrian oriented uses. Goal #10 of the Specific Plan allows existing uses and buildings to phase out or convert to uses consistent with the vision and requirements of the Specific Plan. Under Section 5.3 Permitted/Conditional Land Uses, for existing buildings, the Specific Plan refers back to the former Zoning District in effect prior to the adoption of the Specific Plan for Permitted and Conditional uses. The Planned Development Zoning District in which the project is proposed is defined as a retail commercial zoning district in which day care centers are typically permitted as a conditional use. The request for a minor amendment to the Development Plan for the Planned Development Zoning District would add Day Care Centers to the list of conditional uses within this Zoning District. The project would be consistent with the Zoning Ordinance in that the project has been designed and conditions of approval have been applied to ensure compliance with all development regulations and standards not otherwise specified in the Development Plan for the Planned Development Zoning District. ENVIRONMENTAL REVIEW: The project has been found to be Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304, Minor Alterations to Land. The project consists of a minor amendment to an adopted Development Plan to allow day care centers as a conditional use with Planned Development Zoning District (PA 96-043); a Conditional Use Permit to allow the operation of a day care center for up to 135 children with an outdoor playground; and a Site Development Review permit for modifications to site layout which would include the construction of an outdoor playground, alterations to parking and circulation, and the installation of landscaping and fencing. CONCLUSION: This application has been reviewed by all applicable City departments and agencies, and their comments have been incorporated into the Conditions of Approval for the project_ The proposed project, as conditioned, is consistent with the Dublin General Plan, the West Dublin BART Specific Plan and the Planned Development Zoning District in which the project is located and represents an appropriate project for the site. RECOMMENDATION: Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the public hearing; 3) Take testimony from the Applicant and the public; 4) Close public hearing and deliberate; 5) adopt Resolution (Attachment 1) approving PA 06-008 Fountainhead Montessori School Conditional Use Permit and Site Development Review to operate a Day Care Center, Construct an Outdoor Playground, and make associated site improvements at 6665 Amador Plaza Road, with Project Plans attached as Exhibit A. 7of8 GENERAL INFORMATION: APPLICANT: Shandy Cole, Fountainhead Montessori School, 115 Estates Drive, Danville, CA 94526 PROPERTY OWNER: Karyn Mitchell, HHH Investments, 5601 Arnold Drive, Suite 101, Dublin, CA 94568 LOCATION: 6665 Amador Plaza Road (APN 941-1500-051-02) GENERAL PLAN LAND USE DESIGNATION: Retail/Office SPECIFIC PLAN/ LAND USE DESIGNATION: West Dublin BART Specific Plan/Commercial B ZONING: PD, Planned Development (PA 96-043) SURROUNDING USES: Location Zoning General Plan Land Use Current Use of Proper Site PD Retail/Office Office Planned Development North PD Retail/Office Retail Commercial _ Planned Development _ Northeast PD Retail/Office Automotive Sales and _ Planned Development Service West PD Retail/Office Office Planned Development South PD N/a _ I-580/1-680 Interchange Planned Development I 8 of 8 Commissan. Minute- CALL TO ORDER/ROLL CALL A regular meeting of the City of Dublin Planning Commission was held on Tuesday, April 25, 2006, in the Council Chambers located at 100 Civic Plaza. Chair Schaub called the meeting to order at 7:00 p.m. Present: Chair Schaub, Vice Chair Wehrenberg, Commissioners Biddle, Fasulkey, and King, Chris Foss, Acting Planning Manager; Kit Faubion, Assistant City Attorney;John Bakker, Assistant City Attorney; Marnie Nuccio, Associate Planner;Jeff Baker, Associate Planner; Michael Porto, Consultant Planner; and Rhonda Franklin, Recording Secretary. ADDITIONS OR REVISIONS TO THE AGENDA Chair Schaub asked that the Public Hearing items be heard in the following order: 1) PA 06-008 Fountainhead Montessori, 2) PA 04-016 Fallon Crossing/Standard Pacific Homes, and 3) PA 05- 035 Dublin Place Commercial Building. The Planning Commissioners unanimously agreed. MINUTES OF PREVIOUS MEETINGS The April 11, 2006 minutes were approved as submitted. ORAL COMMUNICATIONS - NONE CONSENT CALENDAR - NONE WRITTEN COMMUNICATIONS - NONE PUBLIC HEARINGS 81 PA 06-008 Fountainhead Montessori - Request for a Conditional Use Permit and Site Development Review for Fountainhead Montessori School located at 6665 Amador Plaza Road. Chair Schaub asked for the staff report. Ms. Marnie Nuccio, Associate Planner, presented the specifics of the project as outlined in the staff report. Cm. Fasulkey asked if the current use of the vacant lot for parking could preclude the property owner from obtaining a permit to rebuild a building in that space. Mr_ Chris Foss, Acting Planning Manager, stated that the property owner currently does not have any plans to reconstruct a building on the vacant lot. Cm. Fasulkey asked if any future plans for the vacant lot would be brought before the Planning Commission. Ms. Nuccio stated that future plans for a building would have to go through the Site Development Review process. (, ;,fra r,�i;rtrzrris.,;?r -- 41 ATTACHMENT 2 Chair Schaub stated that after visiting the project, he observed that the existing circulation pattern may offer room for improvement. Ms. Nuccio pointed out how the existing circulation pattern would be modified for this project. Chair Schaub reiterated that the Applicant may want to think about the interaction of vehicles entering and exiting the project simultaneously. Cm. Fasulkey asked if there was a condition in the resolution that requires the Applicants to restore the site to its original condition should the Applicants vacate the building, and Ms. Nuccio said no. Mr. Foss stated that this condition would be between the owner and the tenant. Cm. Fasulkey stated that he would like to ensure that the Applicant understands this condition should the Planning Commission approve the project. He stated that it should be understood who would absorb the cost of restoring the proposed play area to parking spaces. Chair Schaub confirmed that there would be no chain link fencing, and Ms. Nuccio concurred. Cm. Biddle disclosed that he visited the project site. Chair Schaub opened the public hearing. Ms. Shandy Cole, Applicant, discussed the reasons for having the project approved. She stated that the condition to restore the play area to parking spaces upon vacating the building is contained in their lease with the property owner. Cm. Biddle asked how the floor of the play area would be constructed. Mr. Joe Bologna, Architect, stated that the play surface would be two to three inches thick of bonded, porous rubber placed atop the existing asphalt. Vice Chair Wehrenberg asked if the play surface would be constructed in a pattern. Mr. Bologna stated that the most common color for a play surface is green, and the intent is to keep the play area fairly muted. Ms. Karen Mitchell, Property Manager, explained that if the Applicant vacated the building, the play area could easily be restored to parking spaces if needed. Cm. Fasulkey stated that he wanted to ensure that it is understood who would be responsible for restoring the play area to parking spaces should the Applicant vacate the building. Ms. Cole stated that the lease specifies that they would be responsible for restoring the area to its original condition. Vice Chair Wehrenberg asked if any other tenants on the site had objections to the proposed project, and Ms. Mitchell said not so far. Vice Chair Wehrenberg asked if any of the tenants within the building were objectionable to the proposed day care facility, and Ms. Mitchell said no. Cm. Biddle asked about the anticipated move-in date. Ms. Cole stated that they would like to be moved in by July 5, 2006_ Mr. Foss clarified whether the Planning Commission wanted to add a condition to the resolution that would require the Applicant to restore the project site to its original condition t'irtnn! C i+r mzssi;s 42 06 should they vacate the premises. The Planning Commissioners unanimously agreed that this concern should be noted in the minutes and does not need to be added as a condition to the resolution. Vice Chair Wehrenberg asked if any subsequent project at the site would come before the Planning Commission if the Applicant vacated the site. Ms. Nuccio stated that a subsequent project would come before the Planning Commission if it was an amendment or change to the use permit, or the property owner wanted to build another building on the site. Cm. Fasulkey stated that in lieu of adding a condition to the resolution, the Planning Commission would like Staff to verify that it has been represented by the property owner that should the Applicant vacate the site, the Applicant would be responsible for restoring the project site to its original condition, as deemed necessary according to the subsequent use of the site_ Hearing no further comments, Chair Schaub closed the public Bearing. On a motion by Vice Chair Wehrenberg, seconded by Cm. Biddle, with "a direction to Staff to verify that it has been represented by the property oumer that should the Applicant vacate the site, the Applicant zvould be responsible for restoring the project site to its original condition, as deemed necessary according to the subsequent use of the site", and by a vote of 5-0-0, the Planning Commission unanimously adopted: RESOLUTION NO. 06-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW TO OPERATE A DAY CARE CENTER, CONSTRUCT AN OUTDOOR PLAYGROUND, AND MAKE ASSOCIATED SITE IMPROVEMENTS FOR FOUNTAINHEAD MONTESSORI SCHOOL LOCATED AT 6665 AMADOR PLAZA ROAD (APN 941-1500-051-02) PA 06-008 8.2 PA 04-016 Fallon CrossinWStandard Pacific Homes - Mitigated Negative Declaration, Planned Development Prezoning/Stage 1 Development Plan, Annexation to the City of Dublin and Dublin San Ramon Services District. Chair Schaub asked for the staff report. Mr. Michael Porto, Consultant Planner, presented the specifics of the project as outlined in the staff report. Chair Schaub sought confirmation that the Planning Commission would not be taking action on land use designations for this project during tonight's hearing. Mr. Porto stated that tonight's lcnzrcerrrj('urur;assi,r. 43 .;r RESOLUTION NO. 06-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW TO OPERATE A DAY CARE CENTER, CONSTRUCT AN OUTDOOR PLAYGROUND,AND MAKE ASSOCIATED SITE IMPROVEMENTS FOR FOUNTAINHEAD MONTESSORI SCHOOL LOCATED AT 6665 AMADOR PLAZA ROAD (APN 941-1500-051-02) PA 06-008 WHEREAS, the Applicant, Shandy Cole, on behalf of Fountainhead Montessori School, has requested approval of the following: 1) a Conditional Use Permit to amend the PD, Planned Development Zoning District regulations for PA 96-043 to allow the operation of a day care center as a conditional use; 2) a Conditional Use Permit for a day care center for up to 135 children; and 3) Site Development Review to construct an outdoor play area associated with the day care center, located at 6665 Amador Plaza Road on approximately±1.15 acres of land within the West Dublin BART Specific Plan Area; and WHEREAS, City Council Resolution 02-97 approving a Development Plan for the PD, Planned Development Zoning District (PA 96-043) calls for a retail commercial development consisting of+19.9 acres of which this project is a part; and WHEREAS, day care centers are not explicitly called out as permitted or conditional uses within the approved Development Plan; and WHEREAS, the Development Plan states that "except as specifically included in [the Development Plan]...development and operation of land use activities within this planned development shall be subject to the City of Dublin Zoning Code in effect at the time the development and land use activities are considered"; and WHEREAS, retail commercial development is comparable to a C-1, Retail Commercial Zoning District in which day care centers are a conditional use; and WHEREAS, in accordance with Section 8.32.080 of the Dublin Zoning Ordinance a minor amendment to an adopted Development Plan may be granted by the Planning Commission by means of a Conditional Use Permit upon finding that the amendment substantially complies with and does not materially change the provisions or intent of the adopted Planned Development Zoning District for the site; and WHEREAS, Staff is recommending that the Development Plan for PA 96-043 be amended to include day care centers as a conditional use; and WHEREAS, a complete application for a Conditional Use Permit and Site Development Review was submitted and is available and on file in the Community Development Department; and WHEREAS, the Applicant has submitted project plans dated received April 4, 2006; and WHEREAS, the California Environmental Quality Act (CEQA), together with State Guidelines and City environmental regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, the project has been found to be Categorically Exempt from CEQA according to CEQA Guidelines Section 15304, Minor Alterations to Land; and ATTACHMENT 3 WHEREAS, the Planning Commission did hold a public hearing on said application on April 25, 2006 for this project; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted recommending that the Planning Commission approve a Conditional Use Permit subject to the findings contained herein to amend the Development Plan for Planned Development Zoning District (PA 96-043)to allow day care centers as a conditional use; and WHEREAS, a Staff Report was submitted recommending that the Planning Commission approve a Conditional Use Permit subject to the findings contained herein to allow the operation of a day care center for up to 135 children at 6665 Amador Plaza Road; and WHEREAS, a Staff Report was submitted recommending that the Planning Commission approve the Site Development Review for the construction of an outdoor play area associated with the day care center; and WHEREAS, the Planning Commission did hear and use its independent judgment and considered all said reports,recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Dublin does hereby make the following findings and determinations regarding said proposed Conditional Use Permits. Conditional Use Permit to Amend the Development Plan for PA 96-043: A. The proposed amendment to the Development Plan for Planned Development Zoning District (PA 96-043) substantially complies with and does not materially change the provisions or intent of the adopted Planned Development Zoning District Ordinance for the site in that the City Council Resolution approving the Development Plan for PA 96-043 called for a retail commercial development consisting of ±19.9 acres of which this project is a part and day care centers are considered conditional uses in comparable retail commercial zoning districts. Conditional Use Permit to allow the operation of a Day Care Center at 6665 Amador Plaza Road: A. The day care center use and outdoor playground are compatible with other land uses, transportation and service facilities in the vicinity because: 1) the day care center would be located within an existing office building surrounded by a combination of office and commercial uses, 2) an acoustical report was prepared and concluded that the anticipated outdoor activities by the day care center would not impact adjacent office users because the noise generated from children playing outdoors compared to the existing traffic noise would be negligible, and 3) the day care center would generate less trips than an Office use and thus would not adversely impact existing transportation and service facilities. B. The day care center use and outdoor playground 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) the day care center will conform to the standards established in the Development Plan for the Planned Development Zoning District (PA 96-043) as well as all applicable regulations contained within the Dublin Zoning Ordinance and 2) conditions of approval have been applied to the project to ensure on-going compatibility with the project's surroundings. C. The day care center use and outdoor playground will not be injurious to property or improvements in the neighborhood because: 1) the project will be located on a developed site and has been designed to 2of19 minimize impacts to existing improvements, and 2) the project has been conditioned to comply with all codes, regulations and requirements relating to the site improvements. D. There are adequate provisions for public access, water, sanitation and public utilities and services to ensure that the day care center use and outdoor playground would not be detrimental to the public health, safety and welfare because: 1) the project has been reviewed by various City departments and agencies all of whom have commented that adequate public services are available, and 2) conditions of approval have been incorporated into the project to ensure that existing public services remain adequate for the site. E. The site is physically suitable for the day care center use and outdoor playground because: 1) it is a developed site, generally flat in topography; and 2) the site has adequate parking to serve the use. F. The day care center use and outdoor playground will not be contrary to the specific intent clauses, development regulations, or performance standards established for the Planned Development Zoning District (PA 96-043) in that: 1) the project is consistent with a retail commercial development, 2) a minor amendment to the Development Plan has been approved to add Day Care Centers as a conditional use, and 3) the project complies with all other standards established for the Planned Development Zoning District and applicable portions of the Dublin Zoning Ordinance. G. The day care center use and outdoor playground is consistent with the Dublin General Plan and the West Dublin BART Specific Plan in that the use is consistent with the Retail/Office and Commercial B land use designations which have been adopted for the site. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin does hereby make the following findings and determinations regarding said proposed Site Development Review: Site Development Review to construct an outdoor playground: A. Approval of the project, as conditioned, is consistent with the purpose and intent of Chapter 8.104, Site Development Review of the Dublin Zoning Ordinance as the project has been designed to promote orderly, attractive and harmonious site and structural development compatible with the surrounding properties, and is consistent with the development regulations and requirements of the Planned Development Zoning District in which it would be located with respect to setbacks, height, parking, and landscaping because the outdoor playground is an attractive addition to the office building and would be screened with fencing that complies with the requirements of the Dublin Zoning Ordinance as well as landscaping to soften the appearance. B. The project, as conditioned, complies with the policies of the General Plan, the West Dublin BART Specific Plan and the Planned Development Zoning District Regulations for PA 96-043 and with all other requirements of the Dublin Zoning Ordinance because: 1) the outdoor playground is necessary and customary to the development of day care centers which further the goals of the General Plan, West Dublin BART Specific Plan and Planned Development Zoning Ordinance which encourages the development of retail commercial uses within the project area; and 2) the outdoor playground complies with all requirements of the Dublin Zoning Ordinance with respect to landscaping, fencing and aesthetics. C. The project, 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 general welfare because the project consists of the construction of an outdoor playground and associated site improvements which are designed to ensure the health and safety of persons working in the 3 of 19 vicinity by providing adequate site distances within the parking lot and surrounding the outdoor playground and adequate signage to direct the motoring public when maneuvering within the project area. D. The approved site development, including site layout, structures, vehicular access, circulation and parking, setbacks, height, walls, public safety and similar elements, has been designed to provide a desirable environment for the project because: 1) the outdoor playground is located to the rear of the existing office building and out of the general path of travel for other users of the office development, 2) vehicular access and circulation has been designed to direct users of the day care center to the site and to minimize conflicts with other users of the site, 3) all fencing has been designed to provide visual surveillance to those areas enclosed by fencing, 4) all landscaping will be kept at minimal heights and fullness so as not to create visual obstructions throughout the site, and 5) new landscaping will be planted to enhance the overall appearance of the site. E. The subject site is physically suitable for the type and intensity of the project because: 1) it is a developed site with area and dimensions that will accommodate the outdoor playground, and 2) ample parking exists for all users of the site despite the loss of parking to construct the outdoor playground. F. The project will not impact views because the outdoor playground will be located to the rear of an existing office building where it is screened by existing and proposed landscaping. G. Impacts to existing slopes and topographic features are addressed because: 1) the site is fully developed, relatively flat, with no significant topographic features, and 2) conditions of approval have been applied to the project to ensure that all modifications to the site layout comply with all applicable codes, regulations, and requirements. H. Architectural considerations, including the character, scale and quality of the design, the architectural relationship with the site and other buildings, building materials and colors, screening of exterior appurtenances, exterior lighting, and similar elements have been incorporated into the project, and as conditions of approval, in order to insure compatibility of this development with the development's design concept and the character of adjacent buildings. I. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, provisions and similar elements have been considered to ensure visual relief and an attractive environment for the public because: 1) all existing landscaping including trees will be protected, 2) existing landscaping will be enhanced with the addition of plants to fill in bare spots, 3) new landscaping will be installed to appropriately screen and soften the outdoor playground, and 4) all new landscaping will be consistent with the existing landscape theme throughout the site. J. The approval of the Site Development Review for the project, as conditioned, is consistent with the Dublin General Plan and with the West Dublin BART Specific Plan because the project supports the development of uses consistent with the land use designations of Retail/Office and Commercial B. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin does hereby approve a Conditional Use Permit to amend the Development Plan for PD, Planned Development Zoning District (PA 96-443) to allow day care centers as a conditional use, a Conditional Us Permit for the operation of a day care center for up to 135 children at 6665 Amador Plaza Road, and Site Development Review for the construction of an outdoor play area associated with the day care center, as 4 of 19 shown on the plans prepared by Hollman & Bologna Architecture and Planning, Inc dated received April 4, 2006 on file in the Community Development Department, subject to the conditions included below. CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to approval of the final map, unless noted otherwise. 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] City of Dublin Fire, [DSR] Dublin San Ramon Services District, [AVI] Amador Valley Industries, [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. RESPON. WHEN NO CONDITION TEXT AGENCY REQ'D SOURCE Prior to: GENERAL 1. Approval. This Conditional Use Permit and Site PL On-going Planning Development Review approval is for the establishment and operation of a day care center at 6665 Amador Plaza Road for up to 135 children and the construction and use of an outdoor play area and associated site improvements related to the operation of the day care center. The project shall generally conform to the project plans submitted by Hollman & Bologna Architecture and Planning, Inc., dated received on April 4, 2006, on file in the Community Development Department, and other plans, text, and diagrams relating to this permit approval, unless modified by the Conditions of Approval contained herein. 2. Clarifications and Changes to the Conditions. In the event PL, PW Prior to Planning that there needs to be clarification to these Conditions of approval of and Public Approval, the Directors of Community Development and Improvement Works Public Works have the authority to clarify the intent of these Plans 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 Developer to fulfill needed improvements or mitigations resulting from impacts of this ro l ect. 3. Hold Harmless/Indemnification. The Developer shall ADM Through defend, indemnify, and hold harmless the City of Dublin and completion of its agents, officers, and employees from any claim, action, or Improvements proceeding against the City of Dublin or its agents, officers, and or employees to attack, set aside, void, or annul an approval occupancy of the Buildings of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other 5of19 WHEN NO CONDITION TEXT AGENCY REQ'D SOURCE Prior to: department, committee, or agency of the City to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that the Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying the Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. 4. Permit Expiration. Construction or use shall commence PL One year DMC within one (1) year of permit approval or the permit shall from permit 8.96.020.D lapse and become null and void. Commencement of approval construction or use means the actual construction or use pursuant to the permit approval or demonstrating substantial progress toward commencin such construction or use. 5. Time Extension. The original approving decision-maker PL One year DMC may grant a time extension of approval for a period not to from permit 8.96.020.E exceed six (6) months in accordance with Section 8.96.020.E approval of the Dublin Zoning Ordinance. 6. Revocation. This approval shall be revocable for cause in PL On-going DMC accordance with Section 8.96.020.I, Revocation of the Dublin 8.96.020.1 Zoning Ordinance. Any violation of the terms and conditions of this ap roval may be subject to the issuance of a citation. 7. Annotated Conditions of Approval. A copy of these PL,B Upon Planning Conditions of Approval shall be submitted with all application applications for Building Permits and shall be annotated to for a indicate how all Conditions of Approval will be complied Building with and where they are located within the plans. A Building Permit Permit submittal will not be accepted without the annotated conditions. 8. Fees. The Developer shall pay all applicable fees in effect at B Prior to Various the time of building permit issuance including,but not limited issuance of to, Planning fees, Building fees, Dublin San Ramon Services Building District fees, Public Facilities fees, Dublin Unified School Permit 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; and any other fees as noted in the Development Agreement. 9. Property maintenance. The property owner and/or future PL On-going Planning tenant(s) shall be responsible for maintaining the site in a clean and litter free condition at all times. 10. Graffiti. The Applicant/Developer and/or building tenant(s) PW, PL, On-going Public shall keep the site clear of graffiti vandalism on a regular and PO Works continuous basis. Graffiti resistant paint for structures and film for windows or glass should be used whenever possible. 6 of 19 RESPON. WHEN NO CONDITION TEXT AGENCY REQ'D SOURCE Prior to: 11. Controlling Activities. The Applicant shall control all PL During Planning activities on the project site so as not to create a nuisance to Construction/ existing or surrounding businesses. On-going 12. Nuisances. All interior and exterior noise shall be limited so PL On-going Planning as not to create a nuisance to adjacent and surrounding businesses. 13. Accessory/Temporary Structures. The use of any PL On-going DMC accessory or temporary structures, such as storage sheds or 8.108 trailer/container units used for storage or for any other purpose, shall not be allowed on the site at any time unless a Temporary Use Permit is applied for and approved. 14. Equipment Screening. All electrical and/or mechanical PL Through Planning equipment shall be screened from public view. Any roof Completion/ mounted equipment shall be completely screened from view On-going by materials architecturally compatible with the building and to the satisfaction of the Community Development Director. 15. Temporary Signage. All temporary signage shall be subject PL On-going Planning to the regulations of Chapter 8.84, Sign Regulations of the Dublin Zoning Ordinance. CONDITIONAL USE PERMIT 16. Annual Review. On an annual basis, the Conditional Use PL On-going Planning Permit approval may be subject to review by the Community Development Director to determine compliance with the Conditions of Approval. 17. Modifications to the Conditional Use Permit. Any PL On-going DMC modifications to the use or conditions of this Conditional Use 8.100.080 Permit approval shall be subject to review and approval by the Planning Commission. Minor amendments may be considered by the Community Development Director in accordance with Section 8.100.080 of the Dublin Zoning Ordinance. 18. Null and Void. This approval shall become null and void in PL On-going Planning the event that the approved use(s) ceases to operate for a continuous one-year period, after the use commences in a given building. 19. Hours of Operation. The hours of operation for the day care PL On-going Planning center are 7 a.m. to 6 p.m. Monday thru Friday. An increase in the hours of operation shall be subject to prior review and approval by the Community Development Director in accordance with Section 8.100.080 of the Dublin Zoning Ordinance. SITE DEVELOPMENT REVIEW 20. Modifications to the Site Development Review. PL On-going DMC Modifications or changes to this Site Development Review 8.104.100 approval may be considered by the Community Development Director if the modifications or changes proposed comply 7of19 RESPON. WHEN NO CONDITION TEXT AGENCY REQ'D SOURCE Prior to: with Section 8.104.100 of the Zoning Ordinance. 21. Trash Enclosure/Garbage Area. The proposed trash PW, PL Issuance of Public enclosure shall be architecturally designed to be compatible Building Works and with the building. The enclosure shall have a roof constructed Permits Planning of materials that are architecturally compatible with the building. The doors must be designed with self-closing gates that can be locked closed and can also be held open with pin locks during loading. All trash bins used for this site shall be maintained within the trash bin enclosure(s) at all times. An area drain shall be installed within the trash enclosure with a connection to the sanitary sewer system. In addition, a hose bib shall be provided for convenient wash-down of the trash enclosure. 22. Refuse Collection. The Applicant/ Developer shall provide PW Issuance of Public designated refuse collection areas for the project, subject to Building Works approved by the appropriate solid waste collection company Permits prior to approval of improvement plans. All refuse collection areas shall be screened from public view and shall have roofs to protect against rainwater intrusion and floor drains connected to the sanitary sewer system to collect runoff from periodic washdown. The refuse collection service provider shall be consulted to ensure that adequate space is provided to accommodate collection and sorting of putrescible solid waste as well as source-separated recyclable materials generated by this project. 23. Fence Detail for Outdoor Play Area. The fencing and gates PL Issuance of Planning which enclose the outdoor play area shall be constructed of a Building decorative steel or similar durable material to provide security Permits and allow for visual surveillance of the area, to the satisfaction of the Community Development Director and Chief of Police. The final design of the fencing and gates shall be subject to review and approval by the Community Develop ment Director. 24. Photometric Plan/Parking Lot Lights. The Applicant/ PW, PL, Issuance of Various Developer shall provide photometric calculation for the PO Occupancy existing parking lot and around the building that demonstrates Permit(s) a minimum foot-candle lighting level of not less than 1.0 at the ground surface for the adjacent parking area; if this cannot be verified provide additional li&ting where necessary. 25. Bicycle Racks. Bicycle racks shall be installed near the PW, PL Issuance of Public entrances to the office building at a ratio of 1 rack per 40 Occupancy Works and vehicle parking spaces. Bicycle racks shall be designed to Permit(s) Planning accommodate a minimum of four bicycles per rack, and so that each bicycle can be secured to the rack. The location of 8of19 WHEN NO CONDITION TEXT AGENCY' REQ'D SOURCE Prior to: the bicycle racks shall not encroach into any adjacent/adjoining sidewalks in a manner that would reduce the unencumbered width of the sidewalk to less than 4'. Bicycle racks shall be placed in locations where they will have adequate lighting and can be surveilled by the building occupants 26. Temporary Fencing. Temporary Construction fencing shall PW, B During Public be installed along perimeter of all work under construction to Construction, Works and separate the construction operation from the public. All Prior to Building construction activities shall be confined to within the fenced Issuance of area. Construction materials and/or equipment shall not be Occupancy operated or stored outside of the fenced area or within the Permit, and public right-of-way unless approved in advance by the City Through Engineer/Public Works Director. Com letion PLANNING DIVISION- LANDSCAPING 27. Final Landscape and Irrigation Plans. A Final Landscape PL, PW Approval of Planning and Irrigation Plan prepared and stamped by a State licensed Improvement and Public landscape architect or registered engineer shall be submitted Plans and Works for review and approval by the Community Development Issuance of Director. The Final Landscape and Irrigation Plan shall be Building generally consistent with the preliminary landscape plan Permits prepared by Borrecco/Kilian & Associates, Inc., dated received April 4, 2006, on file in the Community Development Department, unless modified by the Conditions of Approval contained herein. Landscape and Irrigation Plans shall be submitted at a minimum scale of 1"=20' and shall be coordinated with on-site civil, streetlights, and utility improvement plans. 28. Landscape and utilities. Utilities shall be coordinated with PL Approval of Planning proposed landscaping. The location of utilities shall be Final studied carefully to minimize their visual impact and to Landscape provide adequate planting space for trees and for screening Plans shrubs. 29. Landscaping of Walls, (if any) and Trash Enclosures. The PL Issuance of Planning Applicant/Developer shall screen all walls, fencing and the Building sides of walls surrounding trash enclosures. The use of Permits shrubs and vines is encouraged. All fencing shall be in accordance with the Zoning Ordinance requirements and regulations. 30. Lighting. The location of trees and light fixtures shall be PL Issuance of Planning coordinated to the satisfaction of the Public Works Director, Building Community Development Director, the City's Landscape Permits Architect and Dublin Police Services. Lighting used after daylight hours shall be adequate to provide for security needs. 31. Standard Plant Material, Irrigation and Maintenance PL Issuance of Planning Agreement. The Applicant/Developer shall complete and Building 9of19 RESPON. WHEN NO CONDITION TEXT AGENCY REQ'D SOURCE Prior to: submit to the Dublin Planning Division the Standard Plant Permits Material, Irrigation and Maintenance Agreement. 32. Maintenance of Landscaping. All on-site landscaping shall PL, PW On-going Planning be maintained in accordance with the "City of Dublin and Public Standards Plant Material, Irrigation System and Maintenance Works Agreement" by the Applicant/Tenant after City-approved installation. This maintenance shall include weeding, the application of pre-emergent chemical applications, and the replacement of materials that die. Any proposed or modified landscaping to the site, including the removal or replacement of trees, shall require prior review and written approval from the Community Development Director. 33. Installation of Landscaping and Parking Lot PL Occupancy Planning Improvements. All landscaping and parking lot improvements shall be installed prior to occupancy of the buildings. 34. Landscaping at Drive Aisle Intersections. Landscaping at PW, PL, Issuance of Public drive aisle intersections shall be such that sight distance is not PO Occupancy Works obstructed for drivers. Except for trees, landscaping shall not Permit(s) be higher than 30 inches above the curb in these areas. 35. Landscaping. Landscaping shall be kept at a minimal height PO On-going Police and fullness so that patrol officers and the general public have the ability to surveil the area and identify risks. BUILDING DIVISION 36. Building Codes and Ordinances. All project construction B, F Through Building shall conform to all building codes and ordinances in effect at Completion the time of building permit. 37. Building Permits. To apply for building permits, B Issuance of Building Applicant/Tenant shall submit five (5) sets of construction Building plans to the Building Division for plan check. Each set of Permits 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/Tenant will be responsible for obtaining the approvals of all participation non-City agencies prior to the issuance of building permits. 38. Construction Drawings. Construction plans shall be fully B Issuance of Building dimensioned (including building elevations) accurately drawn Building (depicting all existing and proposed conditions on site), and Permits 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(Prior to the issuance of building permits.). 10 of 19 RESPON. WHEN NO CONDITION TEXT AGENCY REQ'D SOURCE Prior to: 39. Addressing. Addresses shall be placed on all doors leading B, F, PO Occupancy Various to the exterior of the building. Addresses shall be plainly visible and legible from the approaches to the building including the street or road fronting the property. Addresses shall be illuminated and be a minimum of 5 inches in height. FIRE 40. Occupancy Separation. Show an occupancy separation F Issuance of Fire between the day care and the adjacent uses as required by Building CBC 302.1. Permits 41. Gates. Gates in the fenced areas shall be equipped with panic F, PO Issuance of Fire and hardware. Panic hardware shall be protected from activation Building Police from the outside by the use of mesh screening or similar Permits design. 42. Fire Alarm. Provide a fire alarm system throughout the day F Occupancy Fire care space in accordance with CBC 305.9.1. The system shall be tied into the sprinkler monitoring system for the building (if the building has a sprinkler monitoring system). Obtain permits prior to installation. 43. Automatic Sprinklers. Provide an automatic sprinkler F, B Occupancy Fire and system throughout the area of work on the first and second Building floors including, but not limited to, the new E-3 area and the second floor Montessori offices. If the system has over 100 sprinklers, the system shall be monitored by a UL listed central station. Obtain permits prior to installation. 44. Exit Doors. Panic hardware is required on the exit doors F, PO Occupancy Fire and serving over 50 persons as required by CBC 1007.3.10. As Police part of the door panic hardware, door sensors with audible alarms shall be installed to assist in detecting the doors being opened. 45. Exit Signs. Exit signs and emergency lighting shall be F Occupancy Fire provided as required by the CBC chapter 10. 46. Fire Extinguishers. Provide 2Al0BC fire extinguishers, in F Occupancy Fire locations approved by the Fire Department, in the space. An approved sign in accordance with the Uniform Fire Code shall be conspicuously osted above the extinguisher. 47. Knox Box. Provide a Knox box at the main entrance to the F Occupancy Fire space. The Knox box shall contain a key that provides access to the tenant space. Order forms for the Knox box are available at the fire prevention office located at 100 Civic Plaza, Dublin. The key can be placed in the box during the Fire De artment inspection. 48. Compliance with Codes. The project shall comply with F Through Fire Uniform Building and Fire Codes as adopted by the City of Completion Dublin. PUBLIC WORKS 49. 1 Standard Public Works Conditions of Approval. PW Approval of Public 11 of 19 WHEN NO CONDITION TEXT AGENCY REQ'D SOURCE Prior to: Applicant/Developer shall comply with all applicable City of Improvement Works Dublin Public Works Standard Conditions of Approval. In Plans the event of a conflict between the Public Works Standard Conditions of Approval and these Conditions, these Conditions shall prevail. 50. Conditions of Approval. A copy of the Conditions of PW With each Public Approval which has been annotated how each condition is submittal of Works satisfied shall be included with the submittals to the Public Improvement Works Department for the review of the Parcel Map and Plans improvements plans. The notations shall clearly indicate how all Conditions of Approval will be complied with, and where they are located on the plans. Submittals will not be accepted without the annotated conditions. 51. Title Report. A current preliminary title report (prepared PW Approval of Public within the last six months) together with copies of all Improvement Works recorded easements and other encumbrances and copies of Plans Final Maps for adjoining properties and off-site easements shall be submitted for reference as deemed necessary by the City Engineer/Director of Public Works. 52. Improvements within Existing Easements. The Applicant/ PW Approval of Public Developer shall obtain written permission from the Improvement Works beneficiaries of all existing easements encumbering the site Plans before constructing improvements within the easement areas if the proposed improvements are inconsistent with purpose for which the easement was created. Said permission shall be forwarded to the City as evidence of the Applicant/Developer's ri ht to construct said improvements. 53. Improvement Agreement and Security. Pursuant to PW Issuance of Public §7.16.620 of the Municipal Code, the Applicant shall obtain a Grading/Site Works Grading/Sitework Permit from the Public Works Department work Permit that governs the installation of required site improvements. As a condition of issuance of said permit, Improvement Security shall be posted to guarantee the faithful performance of the permitted work. Such security shall be in the form of cash, a certified or cashier's check, a letter of credit, or a permit bond executed by the applicant and a corporate surety authorized to do business in California. The amount of the security will be based on the estimated cost of the site work (excluding the building). The applicant shall provide an estimate of these costs for City review with the first plan submittal. 54. Improvement and Grading Plans. All improvement, PW Issuance of Public drainage, utility and grading plans submitted to the Public Grading/ Works Works Department for review/approval shall be prepared in Sitework accordance with the approved SDR, these Conditions of Permit Approval, and the City of Dublin Municipal Code includin 12 of 19 WHEN NO CONDITION TEXT AGENCY' REQ'D SOURCE Prior to: Chapter 7.16 (Grading Ordinance). When submitting plans for review/approval, the Applicant/Developer shall also fill- out and submit a City of Dublin Improvement Plan Review Checklist (three 8-1/2" x 11" pages). Said checklist includes necessary design criteria and other pertinent information to assure that plans are submitted in accordance with established City standards. The plans shall also reference the current City of Dublin Standard Plans (booklet), and shall include applicable City of Dublin Improvement Plan General Notes (three 8-1/2" x I1" pages). For on-site improvements, the Applicant/Developer shall adhere to the City's On-site Checklist (eight 8-1/2" x 11" pages). All of these reference documents are available from the Public Works Department (call telephone 925-833-6630 for more information). The Grading Plan shall be in conformance with the recommendations of the Geotechnical Report, the approved SDR, 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. A detailed Erosion Control Plan shall be included with the Grading Plan. The plan shall include detailed design, location, and maintenance criteria of all erosion and sedimentation control measures. Detailed Engineer's Estimate of improvement costs shall be submitted with the Tans. 55. Grading/Sitework Permit. All improvement work must be PW Issuance of Public performed per a Grading/Sitework Permit issued by the Grading/ Works Public Works Department. Said permit will be based on the Sitework final set of civil plans to be approved once all of the plan Permit check comments have been resolved. Please refer to the handout titled Grading/Site Improvement Permit Application Instructions and attached application (three 8-1/2" x 11" pages) for more information. The Applicant/Developer must fill in and return the applicant information contained on pages 2 and 3. The current cost of the permit is $10.00 due at the time of permit issuance, although the Applicant/Developer will be responsible for any adopted increases to the fee amount. 56. Erosion Control during Construction. Applicant/ PW Issuance of Public Developer shall include an Erosion and Sediment Control Grading Works Plan with the Grading and Improvement plans for review and /Sitework approval by the City Engineer and/or Public Works Director. Permit Said plan shall be designed, implemented, and continually maintained pursuant to the City's NPDES permit between 13 of 19 RESPON. WHEN NO CONDITION TEXT AGENCY REQ'D SOURCE Prior to: October 1 st and April 15th or beyond these dates if dictated by rainy weather, or as otherwise directed by the City Engineer and/or Public Works Director. 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 Mans ement Practices. 57. Water Quality/Best Management Practices. Pursuant to PW Issuance of Public the Alameda Countywide National Pollution Discharges Grading/ Works Elimination Permit (NPDES) No. CAS0029831 with the Sitework California Regional Water Quality Control Board (RWQCB), Permit the applicant shall design and operate the site in a manner consistent with the Start at the Source publication, and according to Best Management Practices to minimize storm water pollution. All trash dumpsters and compactors which are not sealed shall have roofs to prevent contaminants from washing into the storm drain system. All storm drain inlets serving vehicle parking areas shall be fitted with Filter Devices to remove Hydrocarbons and other contaminants, and all storm drain inlets shall be stenciled "No Dumping — Drains to Bay" using an approved stencil available from the Alameda Countywide Clean Water Program. 58. Storm Drain Improvements. Applicant/Developer shall PW Issuance of Public construct all required storm drain improvements in Grading Works accordance with a site-specific hydrology/hydraulic analysis /Sitework and/or as specified by the Public Works Director. Plans Permit submitted for the storm drain improvements shall include full drains a attern for the entire parking lot. 59. Disabled Parking. All disabled parking stalls shall meet PW, B Issuance of Public State Title 24 requirements, including providing curb ramps Occupancy Works at each loading zone. Curb ramps cannot encroach within the Permit(s) loading/unloading areas. Disabled stalls shall be conveniently located and grouped near the primary entrances to each building. Van accessible stalls shall also be provided and shall meet State Title 24 requirements. 60. Disabled Access Ramps. The Applicant/Developer shall PW, B Issuance of Public install disabled access ramps, and where necessary replace all Occupancy Works existing handicapped ramps at driveway intersections to meet Permit(s) current State Title 24 requirements. 61. Vehicle Parking. Applicant shall repair any distressed areas PW Issuance of Public of pavement within the existing parking field, then seal and Occupancy Works re-stripe the entire parking field. All parking spaces shall be Permit(s) double striped using 4" white lines set approximately 2 feet 14 of 19 RESPON. WHEN NO CONDITION TEXT AGENCY REQ'D SOURCE Prior to: apart according to Figure 76-3 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 planter. Wheel stops as necessary shall be p rovided at the parking stalls. 62. Pedestrian Crossing Signs and Striping. The PW Issuance of Public Applicant/Developer shall install crosswalks, pedestrian Occupancy Works crossing warning signs, and pedestrian crossing pavement Permit(s) legends per Caltrans and City standards at the proposed crosswalk locations. 63. Signs and Pavement Markings. The Applicant/ Developer PW Issuance of Public shall be responsible for the following on-site traffic signs and Occupancy Works pavement markings: Permit(s) a. A stop control (including Caltrans R1 "Stop" sign, stop pavement legend, 12"-wide white stop bar stripe) shall be installed at the driveway exit. b. Directional pavement arrows in the drive aisles. c. R10 "One Way" and R11 "Do not Enter" signs at the one way drive aisle. d. R26F "No Stopping—Fire Lane" signs shall be posted on-site along all curbs that are longer than 20' and that parallel the drive aisles as required by the Fire Marshall. e. R100B (disabled parking regulations sign) shall be installed at each of the driveway entrance to the site with amended text to read "...may be reclaimed at DUBLIN POLICE or by telephoning 833-6670". f. Handicapped parking signs and legends per State Title 24 requirements. g. The word "Compact" shall be stenciled on the pavement surface within each compact parking space. h. Any other signs and markings deemed reasonably necessary by the City Engineer and/or Public Works Director durin final design and/or construction. 64. Construction Hours. Construction and grading operations PW During Public shall be limited to weekdays (Monday through Friday) and Construction Works non-City holidays between the hours of 7:30 a.m. and 5:30 p.m. The Applicant/Developer may 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 apply for all Saturday and/or holiday work. 15 of 19 RESPON. WHEN NO CONDITION TEXT AGENCY REQ'D SOURCE Prior to: 65. Construction Noise Management Program/ Construction PW During Public Impact Reduction Plan. Applicant/Developer shall conform Construction Works to the following Construction Noise Management Program/Construction Impact Reduction Plan. The following measures shall be taken to reduce construction impacts: a. Off-site truck traffic shall be routed as directly as practical to and from the freeway (1-580) to the job site. An Oversized Load Permit shall be obtained from the City prior to hauling of any oversized loads on City streets. b. The construction site shall be watered at regular intervals during all grading activities. The frequency of watering should increase if wind speeds exceed 15 miles per hour. Watering should include all excavated and graded areas and material to be transported off-site. Use recycled or other non-potable water resources where feasible. c. Construction equipment shall not be left idling while not in use. d. Construction equipment shall be fitted with noise muffling devices. e. Mud and dust carried onto street surfaces by construction vehicles shall be cleaned-up on a daily basis. f. Excavation haul trucks shall use tarpaulins or other effective covers. g. Upon completion of construction, measures shall be taken to reduce wind erosion. Replanting and repaving should be completed as soon as possible. h. After grading is completed, fugitive dust on exposed soil surfaces shall be controlled using the following methods: 1. Inactive portions of the construction site shall be seeded and watered until grass growth is evident. 2. of the construction site shall be seeded and watered until grass growth is evident. 3. All portions of the site shall be sufficiently watered to prevent dust. 4. On-site vehicle speed shall be limited to 15 mph. 5. Use of petroleum-based palliatives shall meet the road oil requirements of the Air Quality District. Non-petroleum based tackifiers may be required by the City Engineer. i. The Department of Public Works shall handle all dust 16 of 19 RESPON. WHEN NO CONDITION TEXT AGENCY REQ'D SOURCE Prior to: complaints. The City Engineer may require the services of an air quality consultant to advise the City on the severity of the dust problem and additional ways to mitigate impact on residents, including temporarily halting project construction. Dust concerns in adjoining communities as well as the City of Dublin shall be addressed. Control measures shall be related to wind conditions. Air quality monitoring of PM levels shall be provided as required by the City Engineer. j. Construction interference with regional non-project traffic shall be minimized by: 1. Scheduling receipt of construction materials to non-peak travel periods. 2. Routing construction traffic through areas of least impact sensitivity. 3. Routing construction traffic to minimize construction interference with regional non- project traffic movement. 4. Limiting lane closures and detours to off-peak travel periods. 5. Providing ride-share incentives for contractor and subcontractor personnel. k. Emissions control of on-site equipment shall be minimized through a routine mandatory program of low- emissions tune-ups. 66. Damage/Repairs. The Applicant/Developer shall be PW Issuance of Public responsible for the repair of any damaged pavement, curb & Occupancy Works gutter, sidewalk, or other public street facility resulting from Permit construction activities associated with the development of the project. 67. Occupancy Permit Requirements. Prior to issuance of an PW Iissuance of Public Occupancy Permit, the physical condition of the project site Occupancy Works shall meet minimum health and safety standards including, Permit but not limited to the following: a. The walkways providing access to the building shall be complete, as determined by the City Engineer, to allow for safe, unobstructed pedestrian and vehicle access to and from the site. b. All traffic control devices providing access to the site shall be in place and fully functional. c. All address numbers for streets providing access to the buildings shall be in place and visible. d. Lighting for the site shall be adequate for safety and security. Exterior lighting shall be provided for building entrances/exits and pedestrian walkways. 17 of 19 RESPON. WHEN NO CONDITION TEXT AGENCY REQ'D SOURCE Prior to: Security lighting shall be provided as required by Dublin Police. e. All construction equipment, materials, or on-going work shall be separated from the public by use of fencing, barricades, caution ribbon, or other means approved by the City Engineer. f. All fire hydrants shall be operable and easily accessible to City and ACFD personnel. g. All site features designed to serve the disabled (i.e. H/C parking stalls, accessible walkways, signage) shall be installed and fully functional. 68. Required Permits. An encroachment permit from the Public PW Various Public Works Department may be required for any work done within Times and Works the public right-of-way. Developer shall obtain all permits Prior to required by other agencies including, but not limited to Issuance of Alameda County Flood Control and Water Conservation Building District Zone 7, California Department of Fish and Game, Permit Army Corps of Engineers, Regional Water Quality Control Board, Caltrans and provide copies of the permits to the Public Works Department. 69. Geographic Information System. The Applicant/ PW Issuance of Public Developer shall provide a digital vectorized file of the Occupancy Works "master" files on floppy or CD of the Improvement Plans to Permit the Public Works Department and DSRSD. Digital raster copies are not acceptable. The digital vectorized files shall be in AutoCAD 14 or higher drawing format or ESRI Shapefile format. Drawing units shall be decimal with the precision of 0.00. All objects and entities in layers shall be colored by layer and named in English, although abbreviations are acceptable. All submitted drawings shall use the Global Coordinate System of USA, California, NAD 83 California State Plane, Zone III, and U.S. foot. Said submittal shall be acceptable to the City's GIS Coordinator. 70. Public Improvements. All public improvements constructed PW Issuance of Public by Developer and to be dedicated to the City are hereby Occupancy Works identified as "public works" under Labor Code section 1771 Permit unless the Public Works Director specifically determines otherwise in writing. Accordingly, Developer, in constructing such improvements, shall comply with the Prevailing Wage Law Labor Code. Sects. 1720 and following). DUBLIN POLICE 71. Non Residential Security Ordinance. The Applicant shall PO Through Police comply with all applicable City of Dublin Non Residential Completion/ Security Ordinance requirements. On-going 72. Theft Prevention and Security Program. The PO On-going Police Applicant/Tenant shall work with the Dublin Police on an 18 of 19 RESPON. WHEN NO CONDITION TEXT AGENCY REQ'D SOURCE , Prior to: ongoing basis to establish an effective theft prevention and security program. 73. Applicant Licensing. The Applicant must be licensed and PO Occupancy/ Police comply with all State of California Community Care On-going Licensing CCL)requirements. 74. Business License. The Applicant must apply for a City of PO Occupancy/ Police Dublin Business License. A copy of the approved State of On-going California Community Care license must be submitted. All employees, both paid and volunteer, shall complete a Mandated Reporter class and provide verification of such. 75. Police Inspections. Police Services will periodically make PO On-going Police unannounced inspections of the facility and may require verification of fingerprint clearance for staff members as reported back on the State of California CCL "Personnel Report." 76. Fingerprinting. All staff members are to be fingerprinted PO On-going Police and prints submitted to California Department of Justice by the business applicant. 77. Emergency Access. The Applicant will provide for police PO Occupancy/ Police emergency access on any locked gated areas. On-going 78. Business Site Emergency Response Card. The Applicant PO Occupancy Police shall complete a "Business Site Emergency Response Card" and deliver it to the police. DUBLIN SAN RAMON SERVICES DISTRICT SRSD 79. Standard Conditions. Applicant/Developer shall comply DSR Through DSRSD with all applicable Standard Conditions as required by Dublin Construction San Ramon Services District. PASSED, APPROVED AND ADOPTED this 25th day of April 2006 by the following vote: AYES: Chair Schaub, Vice Chair Wehrenberg, Commissioners Biddle, Fasulkey, and King NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTES Plannin anag r 19 of 19 C h a r l e s M S a l t e r A s s o c i a t e s I n c 23 March 2006 Shandy Cole Fountainhead Montessori shandy ar,fountainheadmontessori.or� Subject: Montessori School at 6665 Arnador Plaza -- Dublin, CA Proposal for Acoustical Consulting Services Dear Sandy: We understand that the existing Montessori preschool located at 6901 York Street has been forced to relocate from its current address so that the building may be used by the school district for adult education classes. The new preschool building is located in an office complex adjacent to the [-680 freeway on ramp. The City of Dublin has required that an acoustical report be prepared to assess any potential noise impact the preschool may have on the neighboring office buildings. To assess this impact, we conducted acoustical measurements at both locations. This letter summarizes our analysis of the projected noise from the preschool to the surrounding office buildings. In summary, we would not expect the preschool outdoor activities to create a noise disturbance at the adjacent office building for the following reasons: I. The traffic noise levels far exceed the noise generated by children playing. 2. The children are playing outside a small percentage of the day. ACOUSTICAL,CRITERIA The City of Dublin Noise Ordinance prohibits the generation of unreasonable noises. These are defined as "any loud or disturbing, or unnecessary, or unusual, or habitual _ noise or any noise, which annoys or disturbs, or injures or endangers the health, repose, peace or safety of any reasonable person of normal sensitivity present in the area." MEASUREMENTS On 21 March 2006, we deployed a sound level meter at the adjacent office building to 6665 Amador Plaza. The meter recorded noise levels between the hours of 9:00 a.m. to 12:00 p.m. The ambient noise level was 72 dBA consistently for those three hours. The noise level is controlled by vehicular traffic along highway I-680. ATTACHMENT 4 Shandy Cole 23 March 2006 Page 2 The selected time of measurement corresponds to the anticipated time the children would be outside for recess play. During this time, we visited the existing preschool to record actual noise levels of children at play outside. We set up a sound level meter approximately 50 feet from the centroid of activity and measured the noise for 15 minutes to get an average noise level. The average noise level of children at play was 64 dBA with individual events such as yelling ranging from 71 dBA to 77 dBA. ANALYSIS The edge of the new project playground is approximately 50 feet from the facade of the adjacent office building. For this analysis, we assume that children are uniformly distributed about the playground during recess. The centroid of these children would be an additional 50 feet from the building. The increased distance between the center of the children playing and the fayade reduces the expected noise levels at the office building. Our calculations indicate that noise levels of children playing could be reduced as much as an additional six decibels to 58 dBA. The proposed project site noise levels exceed the average noise produced by children at play by up to 14 decibels. In acoustics, a noise level that is 10 decibels below another is almost inaudible. Therefore, the noise of children playing would approach inaudibility compared to the noise from traffic along the highway. The preschool currently has set times that children are playing outside. These times are as follows: 8:30 a.m. To 9:00 a.m. 11:00 a.m. To 11:45 a.m. 12:45 pan. To 1:45 p.m. 4:00 p.m. To 5:00 p.m. We do not expect the play schedule to change after preschool relocates. The future noise from children playing compared to the existing traffic noise is negligible. Therefore, we do not anticipate the preschool outdoor activities impacting the adjacent office building. This concludes our comments on the subject project. CHARLES M. SALTER ASSOCIA'rES, INC. AA1— Eric A. Yee Principal Consultant EAY/eay P:\CSA_Projects\y2006\06-0146_EAY_Fountain Head Morrtessori\Coiresp Out\23mar_eay_report pd£doc RESOLUTION NO. 12-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT FOR THE OPERATION OF A DAY CARE CENTER AND COMMUNITY FACILITY AND SITE DEVELOPMENT REVIEW PERMIT FOR FACADE MODIFICATIONS AND RELATED SITE IMPROVEMENTS AT 6665, 6670 & 6690 AMADOR PLAZA ROAD (APN 941-1500-51, 52, 53) PLPA-2012-00054 WHEREAS, the Applicant has requested approval of a Conditional Use Permit for the operation of a Day Care Center and Elementary School for up to 381 children and Site Development Review for fagade enhancements to three existing buildings and associated site improvements; and WHEREAS, the Project is located in the D-D (Downtown Dublin) Zoning District; and WHEREAS, a Day Care Center and an Elementary School is permitted in the D-D Zoning District subject to approval of a Conditional Use Permit by the Planning Commission; 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, pursuant to the CEQA, Staff is recommending that the Planning Commission find this project Categorically Exempt from CEQA, pursuant to CEQA Guidelines Section 15304, Minor Alterations to Land. The project consists of a Conditional Use Permit to allow the operation of a Day Care Center and a Community Facility (elementary school) for up to 381 students; and a Site Development Review permit for fagade enhancements to three existing buildings and site modifications which would include the construction of additional outdoor play areas, alternations to parking and circulation and the installation of landscaping and fencing; and WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission recommending approval of the Conditional Use Permit and Site Development Review request; and WHEREAS, the Planning Commission held a public hearing on said application on December 11, 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 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. ATTACHMENT 5 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 (Day Care Center and Community Facility): A. The proposed use and related structure is compatible with other land uses, transportation and service facilities in the vicinity in that: 1) the project would be located on a parcel that that is developed with three existing commercial buildings; 2) the project site is surrounded by a combination of office and commercial uses; and 3) the project would be accessible from Amador Plaza. 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 will conform to all applicable regulations contained in the Dublin Zoning Ordinance; and 2) Conditions of Approval have been applied to the project to ensure on-going compatibility with the project's surroundings. C. It will not be injurious to property or improvements in the neighborhood in that: 1) the project will be located on a developed site and has been designed to minimize impacts to existing improvements; and 2) the project has been conditioned to comply with all codes, regulations and requirements relating to the site improvements. 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) vehicular access to the site is available from Amador Plaza; 2) the Amador Plaza frontage is fully improved with sidewalks that provide pedestrian access to the project; 3) the project will be served by existing public utilities; and 4) as part of the project, a new enclosure will be constructed that complies with the City's Solid Waste and Recycling Enclosure Ordinance. 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 site is relatively flat and is served by existing public utilities; 2) the project site is accessed from Amador Plaza Road; 3) all required parking will be provided on the project site; 4) the site circulation has been reviewed by the Public Work's Department to ensure that traffic flows effectively through the site; and 5) each of the three buildings includes a drop-off area to encourage parents dropping off their children in these areas instead of parking and walking their children inside. 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 is located within the Downtown Dublin Zoning District; and 2) the project includes fagade enhancements to the existing buildings which will improve the appearance of the project site. G. It is consistent with the Dublin General Plan and with any applicable Specific Plans in that: 1) the project would be located on a parcel intended for commercial development; and, 2) as noted above, the project adheres to all development regulations set forth in the Downtown Dublin Specific Plan. 2of19 BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby make the following findings and determinations regarding the Site Development Review Permit: A. The proposal is consistent with the purposes of Chapter 8.104, 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 adjacent commercial development; 2) the project complies with the development regulations set forth in the Downtown Dublin Specific Plan; and, 3) the project will provide adequate circulation for automobiles and pedestrians. B. The proposal is consistent with the provisions of Title 8, Zoning Ordinance in that: 1) the project requires Site Development Review and a complete application has been filed; 2) the project exceeds the amount of parking required in accordance with Chapter 8.76 (Off- Street Parking and Loading Regulations); and, 3) the project complies with the development regulations contained in the Downtown Dublin Specific Plan. 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 proposed fagade remodel colors, materials and finishes that complement the adjacent development; 2) the project consists of three outdoor play areas and a soccer field which are not located near residential uses; and, 3) the project site consists of three existing buildings that adhere to all required setbacks for the site. D. The subject site is physically suitable for the type and intensity of the approved development in that: 1) the project site is relatively flat and is currently served by existing public utilities; 2) the project site is accessed from an existing driveway off Amador Plaza; and, 3) all required parking will be provided on the project site. E. Impacts to existing slopes and topographic features are addressed in that: 1) the project site is relatively flat and does not include any significant slopes or topographic features. 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 fagade modifications will enhance the appearance of the existing commercial buildings; 2) the project is well designed and incorporates a variety of colors, materials and finishes that complement the adjacent commercial development; 3) the project is located with convenient access from Amador Plaza; and 4) the project complies with the development regulations and design guidelines set forth in the Downtown Dublin Specific Plan. 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 site includes large trees along the site's perimeter which are to remain; 2) the project includes a garden area in front of Building 1; 3) the project includes storm water basins to treat stormwater runoff; and, 4) the project includes a variety of plant species that soften the edges of the buildings. 3of19 H. The site has been adequately designed to ensure proper circulation for bicyclists, pedestrians and automobiles in that: 1) vehicular access to the Project site is existing and includes a driveway along Amador Plaza; 2) pedestrian access to the Project site can also be obtained from an existing sidewalk along Amador Plaza; 3) conditions of approval have been placed on the Project requiring that bicycle racks be provided; 4) the site circulation has been reviewed by the Public Work's Department to ensure that traffic flows effectively through the site; and 5) each of the three buildings includes a drop-off area to encourage parents dropping off their children in these areas instead of parking and walking their children inside. BE IT FURTHER RESOLVED that the Planning Commission does hereby approve the Conditional Use Permit and Site Development Review for the operation of a Day Care Center and Community Facility (Elementary School) and fagade remodel and related site modifications as shown on the project plans, date stamped received by Dublin Planning on December 3, 2012, and attached as Exhibit A, 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; [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 Source Required, Prior to: GENERAL 1. Approval. This Conditional Use Permit and Site PL Ongoing Standard Development Review approval is for Fountainhead Montessori for the operation of a Day Care Center and Elementary School and a fagade remodel at 6665, 6670 & 6690 Amador Plaza for up to 381 children and for the construction and use of outdoor play areas and associated site improvements related to the operation of the Fountainhead Montessori Complex (PLPA-2012- 00054). This approval shall be as generally depicted and indicated on the plans prepared by Johnson Lyman Architects dated received by Dublin Planning on December 3, 2012 and written statement dated September 28, 2012 on file in the Community Development Department, and as specified by the following Conditions of Approval for this project. 2. Effective Date. This Conditional Use Permit/Site PL On-going Standard Development Review approval becomes effective 10 days after action by the Planning Commission. 4of19 3. Permit Expiration. Construction or use shall PL 1 year of DMC commence within one (1) year of this Conditional Use Permit 8.96.020.D Permit/Site Development Review approval or the Permit approval shall lapse and become null and void. 4. Time Extension. The original approving decision- PL Permit Standard maker may, upon the Applicant's written request for an Expiration 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. The Community Development Director PL On-going DMC may consider modifications or changes to this 8.100 & Conditional Use Permit and Site Development Review 8.104 approval if the modifications or changes proposed comply with Chapter 8.100 (Conditional Use Permit) and Chapter 8.104 (Site Development Review) of the Zoning Ordinance. 6. Revocation of Permit. The Conditional Use Permit PL On-going DMC and Site 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. Indemnification. The Developer shall defend, Various On-going In indemnify, and hold harmless the City of Dublin and its accordance agents, officers, and employees from any claim, action, with Gov. or proceeding against the City of Dublin or its agents, Code officers, or employees to attack, set aside, void, or Section annul an approval of the City of Dublin or its advisory 66499.37 agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that The Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying The Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. 8. Fees. Applicant/Developer shall pay all applicable fees FIN Issuance of Standard in effect, including, but not limited to, Planning fees, Building Building fees, Traffic Impact Fees, TVTC fees, Dublin Permits San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees (per agreement between Developer and School District), Fire Facilities Impact fees, Noise Mitigation fees, Inclusionary Housing In-Lieu fees, Alameda County 5of19 Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; or any other fee that may be adopted and applicable. 9. Requirements and Standard Conditions. The Various Building Standard Applicant/Developer shall comply with applicable City of Permit Dublin Fire Prevention Bureau, Dublin Public Works Issuance 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. PLANNING 10. Parking. A total of 168 parking spaces shall remain PL On-going Planning available for use by Fountainhead Montessori and for office tenants during the approved hours of operation. 11. Red Curb. A red curb shall be painted in front of PL Occupancy Planning Building 2 adjacent to the drop off-area (6670 Amador Plaza Road) to meet the loading requirements in Chapter 8.76 of the Zoning Ordinance (60 lineal feet for every 100 students). 12. Student Drop-off. A staff member shall be present at PL On-going Planning each building to greet the kids as they are dropped off to guide children into protected play area and reduce the need for parents to park. 13. Noise. Outdoor play activities shall be controlled so as PL On-going Planning not to create unusual or unnecessary noise that may disturb or annoy persons working in the vicinity. 14. Property Maintenance. The Applicant/Developer and PL During Planning property owner shall be responsible for maintaining the Construction, site in a clean and litter free condition during Through construction and through completion. Per the City of Completion Dublin Non-Residential Property Maintenance and On-going Ordinance, DMC Section 5.64.050, the Applicant/ Property Owner shall maintain the building, site and all signage in good condition and shall keep the site clear of trash, debris and graffiti vandalism on a regular and continuous basis. 15. Accessory/Temporary Structures and Uses. A PL Placement Planning Temporary Use Permit is required for all construction on site trailers, security trailers and storage containers used during construction. 16. Temporary Signage. All temporary signage shall be PL On-going DMC subject to the regulations of Chapter 8.84 (Sign 8.84 Regulations) of the Dublin Zoning Ordinance. 17. Bicycle Racks. Bicycle racks shall be installed near PW, PL Prior to Public the entrances of each building at a ratio of 1 rack per 40 issuance of Works and 6of19 vehicle parking spaces. Bicycle racks shall be Occupancy Planning designed to accommodate a minimum of four bicycles Permit(s) per rack, and so that each bicycle can be secured to the rack. The location of the bicycle racks shall not encroach into any adjacent/adjoining sidewalks in a manner that would reduce the unencumbered width of the sidewalk to less than 4'. Bicycle racks shall be placed in locations where they will have adequate lighting and can be surveyed by the building occupants. 18. Community Care Licensing. The Applicant and/or PL Issuance of Planning Future Tenant must be licensed by and comply with the occupancy State of California Community Care Licensing. The permit applicant shall submit a copy of this license to the Planning Division. 19. Business License. The Applicant and/or Future Various Building Various Tenant shall apply for a City of Dublin Business License Permit within 30 days of approval of the Conditional Use Issuance Permit/Site Development Review. 20. Hours of Operation. The approved hours of operation PL On-going Planning are 7:00 a.m. to 6:30 p.m., Monday through Friday. The Applicant shall be responsible for ensuring that the drop-off and pick-up of children is conducted in an orderly manner and does not negatively impact surrounding businesses. 21. Graffiti. The Applicant, Future Tenant and/or Property PL On-going DMC Owner shall keep the site clear of graffiti vandalism on a 5.68 regular and continuous basis, at all times. Where feasible graffiti resistant materials should be used. 22. Nuisance. The Applicant and/or Future Tenant shall PL On-going DMC control all activities so as not to create a public or 5.28.020 private nuisance to the existing and surrounding businesses. 23. Temporary Promotional Banners and Balloons. PL On-going DMC Temporary Promotional Banner Signs and Balloons are 8.84 subject to compliance with Chapter 8.84 of the Dublin Zoning Ordinance. 24. Playground Equipment. The new playground PL Issuance Planning equipment shall require a Site Development Review Building Waiver to be approved by the Community Development Permits Department prior to issuance of building permits. 25. Solid Waste and Recycling Enclosure Standards. PL, PW Issuance Public The trash enclosure shall comply with the City of Building Works & Dublin's Solid Waste and Recycling Enclosure Permits Planning Standards adopted by the City Council in June 2011. The trash enclosure shall be architecturally designed to be compatible with the building. The doors must be designed with self-closing gates that can be locked closed and can also be held open with pin locks during loading. All trash bins used for this site shall be maintained within the trash bin enclosure(s) at all times. An area drain shall be installed within the trash enclosure with a connection to the sanitary sewer 7 of 19 system. In addition, a hose bib shall be provided for convenient wash-down of the trash enclosure. The enclosure shall not obstruct access and shall have accessible route and entrance door. LANDSCAPING 26. Final Landscape and Irrigation Plans. Final PL Building DMC Landscape and Irrigation Plans prepared and stamped Permit 8.72.030 by a State licensed landscape architect or registered Issuance engineer shall be submitted for review and approval by the City Engineer and the Community Development Director. Plans shall be generally consistent with the landscape plans prepared by Thomas Baak & Associates, LLP, received by the Planning Division on December 3, 2012, except as modified by the Conditions listed below and as required by the Community Development Director. 27. Landscaping at Street/Drive Aisle Intersections. PL Building Planning Landscaping shall not obstruct the sight distance of Permit motorists, pedestrians or bicyclists. Except for trees, Issuance landscaping (and/or landscape structures such as walls) at drive aisle intersections shall not be taller than 30 inches above the curb. Landscaping shall be kept at a minimum height and fullness giving patrol officers and the general public surveillance capabilities of the area. 28. Plant Standards. All trees shall be 24" box minimum, PL Occupancy Planning with at least 30% at 36" box or greater; all shrubs shall be 5 gallon minimum. 29. Maintenance of Landscaping. All landscaping PL On-going City of materials within the public right-of-way shall be Dublin maintained for 90 days and on-site landscaping shall be Standards maintained in accordance with the "City of Dublin Plant Standards Plant Material, Irrigation System and Material, Maintenance Agreement" by the Developer after City- Irrigation approved installation. This maintenance shall include System weeding, the application of pre-emergent chemical applications, and the replacement of materials that die. Any proposed modifications to the landscaping on the site, including the removal or replacement of trees, shall require prior review and written approval from the Community Development Director. 30. Root Barriers and Tree Staking. The Landscape PL, PW Building Planning Plans shall provide details showing root barriers and Permit tree staking will be installed which meet current City Issuance specifications. 31. Water Efficient Landscaping Ordinance. The PL Building DMC 8.88 Applicant/Developer shall submit written documentation Permit to the Public Works Department (in the form of a Issuance Landscape Documentation Package and other required documents) that the development conforms to the City's Water Efficient Landscaping Ordinance. 32. Shrubs. All shrubs shall be continuously maintained PL On-going Planning including pruning and regular watering. If at any time the shrubs in the parking lot or throughout the Project 8of19 Site are damaged, missing, dead or dying, these shrubs shall be immediately replaced with the same species to the satisfaction of the Community Development Director. 33. Trees. The property owner shall continually maintain all PL On-going Planning trees shown on the approved Landscape Plans including replacing dead or dying trees with the same species, pruning and regular watering of the trees. Within five years and every five years thereafter, all trees which are to be installed in conjunction with this phase of the Project shall show substantial growth to the satisfaction of the Community Development Director. If the trees have not shown substantial growth, the property owner shall replace the trees to the satisfaction of the Community Development Director. BUILDING 34. Building Codes and Ordinances. All project B Through Building construction shall conform to all building codes and Completion ordinances in effect at the time of building permit. 35. plumbing Fixture Count. Project shall meet the B Through Building minimum number of fixtures for adults and children (water Completion closets, lavatories, urinals and drinking fountains) per Table 4-1 of the 2010 California Plumbing Code to Plumbing fixture. Plumbing calculations shall be required for the proposed tenants. 36. Accessibility. Project to comply with regulations for B Through Building existing buildings per CBC Chapter 1134B as it relates to Completion interior and exterior accessibility (e.g., accessible path of travel throughout the site and between each building; minimum number of accessible parking stalls; accessible entry to playground equipment, etc.). Additional detailing shall be required to verify compliance. 37. Building Permits. To apply for building permits, B Issuance of Building Applicant/Developer shall submit five (5) sets of Building construction plans to the Building Division for plan check. Permits Each set of plans shall have attached an annotated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been 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. (Issuance of Building Permits) 38. Change of Occupancy Permit required. As per section B Issuance of Building 3408 of the California Building Code, a change of Building occupancy requires the building to meet the criteria of a Permits new building for the proposed occupancy category. This may require upgrades to the structural system. A letter from the engineer-of-record shall be required assessing whether the project meets the new occupancy category criteria per CBC Table 1604.5 or is exempted from 9 of 19 39. 1structural upgrades. Construction Drawings. Construction plans shall be B Issuance of Building fully dimensioned, accurately drawn (depicting all existing Building and proposed conditions on site), and prepared and Permits signed by a California licensed Architect or Engineer. All structural calculations (if required) 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. 40. Addressing. Address 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 height minimum. 41. Room Identification. All rooms shall be identified and B Occupancy Building labeled with a room number and use. A copy of the identified / labeled rooms shall be maintained in a matrix format in the main office of each building and at all main entry doors. The identification signage shall meet accessibility standards. 42. Temporary Fencing. Temporary Construction fencing B Through Building shall be installed along perimeter of all work under Completion construction. 43. Green Building Guidelines. The California Green B Through Building Building Standards Code for alternations may be required Completion on this project. Green Building plan shall be submitted to the Chief Building Official for review. CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN 44. Security Requirements. The Applicant shall comply PL & B Occupancy Planning & with all applicable City of Dublin Non-Residential Building Building Security Requirements including, but no limited to addressing, landscaping and lighting. 45. Landscaping. In addition to the regulations contained PL & B On-going Planning & in the Non-Residential Building Security Requirements, Building shrubs and ground cover located adjacent to buildings, walkways and drive aisles shall not exceed 24-inches in height at full maturity. All existing and new trees shall maintain a minimum lower canopy clearance of 6-feet from finished grade except for perimeter landscaping. 46. Lighting. In addition to the regulations contained in the PW, PL & Occupancy Planning & Non-Residential Building Security Requirements, all B Building exterior lighting shall be metal halide. Specifications for all exterior light fixtures shall be submitted for review prior to issuance of Building Permits. The location of light fixtures shall be coordinated with existing and proposed landscaping to minimize conflicts. Any illumination, including security lighting, shall be directed away from adjoining properties, businesses or vehicular traffic so as not to cause any glare. 47. Photometric Plan. A Photometric Plan shall be PL & B Building Planning & submitted prior to issuance of Building Permits Permits Building demonstrating that required lighting levels contained in the Non-Residential Building Security Requirements will be met. 10 of 19 48. Commercial Day Care/Education Facilities. In PL & B On-going Planning & addition to the regulations contained in the Non- Building Residential Building Security Requirements, all exterior doors shall be provided with a room number on the door. A map of the facilities detailing the location of all rooms and their use shall be kept on file at the facilities on-site office. 49. Business Site Emergency Response Card. The PL & B Occupancy Planning & Applicant shall complete and submit a "Business Site Building Emergency Response Card" to the Community Development Department. 50. Office Tenants. All entrance doors to individual office PL & B Occupancy Planning & suites shall include a security window or peephole for Building exterior viewing. The name and suite number of the office tenant shall be prominently displayed on or immediately adjacent to the entrance door(s). FIRE 51. Compliance with Codes. The project shall comply with F On-going Fire Uniform Building and Fire Codes as adopted by the City of Dublin. 52. Fire Alarm (detection) System Required. A Fire F Occupancy Fire Alarm-Detection System shall be installed throughout the buildings so as to provide full property protection, including combustible concealed spaces, as required by NFPA 72. The system shall be installed in accordance with NPFA 72, Ca Fire, Building, Electrical, and Mechanical Codes. If the system is intended to serve as an evacuation system, compliance with the horn/strobe requirements for the entire building must also be met. All automatic fire extinguishing systems shall be interconnected to the fire alarm system so as to activate an alarm if activated and to monitor control valves. 53. Deferred Submittal. Plans for the required sprinkler F Installation Fire monitoring shall be submitted to the Fire Department for review and approval prior to installation. A separate plan review fee will be collected upon review of these plans. The plans shall not be submitted until the building permit has been issued for the building. CFC 1005.2. 54. Exits. If children are present on the second floor of the F On-going Fire buildings, two exterior exits are required. PUBLIC WORKS 55. General Public Works Conditions of Approval: PW Ongoing Project Developer shall comply with the City of Dublin General Specific Public Works Conditions of Approval contained below ("Standard C of A") unless specifically modified by Project Specific Conditions of Approval. 56. Clarifications and Changes to the Conditions. In Approval of the event that there needs to be clarification to these Public Conditions of Approval, the Directors of Community PW Improvement Works Development and Public Works have the authority to Plans 11 of 19 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 impacts of this project. 57. Storm Drain Treatment Measures: The developer PW Occupancy Project shall install storm drain treatment measures as shown Specific in the C.3 Report for Fountainhead Montessori School, prepared by AMS Associates, Inc., dated September 19, 2012. The stormwater ponds shall include a screen or filter at each storm drain pipe outfall into the pond that comply with Section C.10 of the Municipal Regional Permit for Stormwater with regards to trash capture. As an alternate, a filter can be installed downstream of the site in the drainage system in Amador Plaza Road. Final treatment measures shall be shown on the improvement plans. 58. Traffic Analysis: The applicant/ developer shall submit PW Within 30 days Project a traffic analysis that evaluates the following elements: of SDR/CUP Specific Approval and 1) Trip generation for the current and proposed Prior to Issuance land uses. of Building/ 2) Trip distribution along St. Patrick Way, Amador Grading Permits Plaza Road, 1-680 on/ off ramps, and Dublin Boulevard. 3) Trip assignment of trips to the intersections of Dublin Boulevard and Amador Plaza Road, and St. Patrick Way/ 1-680_on/off ramps and Amador Plaza Road. 4) Intersection analysis for the above two intersections to determine any potential impacts to pedestrians, bicyclists and transit. The analysis will evaluate delays and queues by lane groups/ movements at the intersections during the peak times. The analysis may be conducted using existing data and /or computer files that are available in the Public Works Department. 59. Site Plan. On-site improvements shall be designed in PW Issuance of Project accordance with the approved site plan, entitled Grading/ Specific "Fountainhead Montessori" by Johnson Lyman Sitework Permit Architects, dated December 3, 2012, Sheets AO-E2. The site plan shall be modified with the final design to (a) provide a walkway connection from the northeast corner of the soccer field to the pathway along the westerly side of the main driveway,(b) provide a sidewalk connection around the steps at the southeast corner of the outdoor play area, and (c) eliminate the BART property connection unless agreed to by BART and an acceptable design is submitted to and approved by the ity and BART. 12 of 19 60. Accessible Path of Travel. Applicant shall provide an PW Issuance of Project accessible path of travel/walkway from the public Grading/ Specific sidewalk on Amador Plaza Road to the building Sitework Permit entrance per California Building Code requirements. Said walkway shall be 4'-minimum wide. 61. Site Accessibility Requirements. All parking spaces PW Occupancy Project for the disabled and other physical site improvements Specific shall comply with current UBC Title 24 requirements and City of Dublin Standards for accessibility. 62. Vehicle Parking. Applicant should repair any PW Occupancy Project distressed areas of pavement obstructing the path of Specific 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 of the parking space adjoin a curb. 63. Driveway Approaches: The two driveway approaches PW Occupancy Project on Amador Plaza Road shall be reconstructed per City Specific Std. Drawing No. CD-106 or CD-108 to be compliant with Title 24 accessibility requirements. 64. Signs and Pavement Markings. The Applicant/ PW Occupancy Public Developer shall be responsible for the following on-site Works traffic signs and pavement markings: 1. Accessible parking signs and legends per State Title 24 requirements. 2. The word "Compact" shall be stenciled on the pavement surface within each compact parking space. 3. No Stopping/Fire Lane. 65. Damage/Repairs. The Applicant/Developer shall be PW Occupancy Project responsible for the repair of any damaged pavement, Specific curb & gutter, sidewalk, or other public street facility resulting from construction activities associated with the development of the project. The Developer shall repair/replace existing sidewalk and tree wells along the frontage of the Project on Amador Plaza Road as directed by the City Engineer. 66. Occupancy Permit Requirements. Prior to issuance PW Occupancy Project of an Occupancy Permit, the physical condition of the Specific project site shall meet minimum health and safety standards including, but not limited to the following: 1) Lighting for the building and parking lot shall be adequate for safety and exterior. Exterior lighting shall be provided for building entrances/exits and pedestrian walkways. Security lighting shall be provided as required by Dublin Police. 2) All construction equipment, materials, or on- 13 of 19 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. 3) All fire hydrants for the building shall be operable and easily accessible to City and ACFD personnel. 4) 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. 67. Traffic Impact Fees: The developer shall be PW Issuance of Standard C responsible for payment of the Downtown Dublin Traffic Building Permits of A Impact, and the Tri-Valley Transportation Development Fee. Fees will be payable at issuance of building permits. 68. Compliance with Ordinances & Polices. The PW Ongoing Standard Developer shall comply with the Grading Ordinance, 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 following). 69. Erosion Control/Grading Bond. The Developer shall PW Issuance of Standard provide an erosion control/ grading bond in an amount Grading/ adequate to winterize and stabilize the site and to Sitework Permits restore/ repair any public improvements impacted by the project. 70. Encroachment Permit. Developer shall obtain an PW Start of Work Standard 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. 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 required. 71. Grading/Sitework Permit. All improvement work must PW Start of Work Standard be performed per a Grading/Sitework Permit issued by the Public 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 application (three 8-1/2" x 11" pages) for more information. The Applicant/Developer must fill in and return the applicant information contained on pages 2 14 of 19 and 3. The current cost of the permit is $10.00 due at the time of permit issuance, although the Applicant/Developer will be responsible for any adopted increases to the fee amount. 72. Non-City Agency Permits. Developer shall obtain all PW Start of Work Standard 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. 73. Project Submittals. All submittals of plans shall comply PW Approval of Standard with the requirements of the "City of Dublin Public Improvement Works Department Improvement Plan Submittal Plans Requirements", and the "City of Dublin Improvement Plan Review Check List". 74. Non-City Agency Approvals. The Developer will be PW Approval of Standard responsible for submittals and reviews to obtain the Improvement approvals of all participating non-City agencies. The Plans Alameda County Fire Department and the Dublin San Ramon Services District shall approve and sign the Improvement Plans. 75. Geotechnical Report. The Applicant/Developer shall PW Approval of Standard provide a site specific geotechnical report prepared by a Improvement reputable geotechnical engineer. The Geotechnical Plans, or Engineer shall certify that the project design conforms Grading Plans, to the report recommendations prior to issuance of a Grading/Sitework Permit or Building Permit. All report recommendations shall be followed during the course of grading and construction. 76. Digital Vectorized File. Developer shall provide the PW Final Inspection Standard Public Works Department a digital vectorized file of the and Release of "master" files for the project when the Final Map has Bonds 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. 77. Grading Plan. The Grading Plan shall be in PW Approval of Standard conformance with the recommendations of the Grading Plans or Geotechnical Report, the approved Tentative Map Issuance of and/or Site Development Review, and the City design Grading Permits, standards & ordinances. In case of conflict between the and Ongoing soil engineer's recommendations and City ordinances, the City Engineer shall determine which shall apply. 78. Erosion Control Plan. A detailed Erosion Control Plan PW Approval of Standard shall be included with the Grading Plan approval. The Grading Plans or plan shall include detailed design, location, and Issuance of maintenance criteria of all erosion and sedimentation Grading Permits, control measures. and Ongoing 15 of 19 79. Public Improvements. All public improvements shall PW Approval of Standard conform to the City of Dublin Standard Plans and Improvement design requirements and as approved by the City Plans or Start of Engineer. Construction, and Ongoing 80. Fire Hydrants. Fire hydrant locations shall be approved PW Prior to Standard by the Alameda County Fire Department. A raised Occupancy of reflector blue traffic marker shall be installed in the Units or street opposite each hydrant. Acceptance of Improvements 81. Utility Vaults. All utility vaults, boxes and structures, PW Prior to Standard unless specifically approved otherwise by the City Occupancy of Engineer, shall be underground and placed in Units or landscape areas and screened from public view. Prior Acceptance of to Joint Trench Plan approval, landscape drawings shall Improvements 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. 82. Erosion Control Plan. The Erosion Control Plan shall PW Ongoing as Standard be implemented between October 15th and April 15th Needed unless otherwise allowed in writing by the City Engineer. 83. Construction Hours. Construction activities, including PW Ongoing as Standard the maintenance and warming of equipment, shall be Needed 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. Extended hours or Saturday work will be considered by the City Engineer on a case-by-case basis. 84. Construction Noise Management Plan. Developer PW Start of Standard shall prepare a construction noise management plan Construction that identifies measures to be taken to minimize Implementation construction noise on surrounding developed Ongoing as properties. The plan shall include hours of construction Needed 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 provided prior to project construction. 85. Construction Traffic. Developer shall prepare a plan PW Start of Standard for construction traffic interface with public traffic on any Construction; existing public street. Construction traffic and parking Implementation may be subject to specific requirements by the City Ongoing as Engineer. Needed 86. Pest Control. The Developer shall be responsible for PW Ongoing Standard controlling any rodent, mosquito, or other pest problem due to construction activities. 87. Construction Dust Control. The Developer shall be PW Start of Standard responsible for watering or other dust-palliative Construction; measures to control dust as conditions warrant or as Implementation directed by the City Engineer. On oin 16 of 19 88. Operation & Maintenance Agreement. The property PW Issuance of Standard owner shall enter into an agreement with the City of Building Permits 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.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. 89. Storm Water Pollution Prevention Plan. The Storm PW SWPPP to be Standard Water Pollution Prevention Plan (SWPPP) shall identify Prepared Prior the Best Management Practices (BMPs) appropriate to to Approval of the project construction activities. The SWPPP shall Improvement include the erosion control measures in accordance Plans: with the regulations outlined in the most current version Implementation of the ABAG Erosion and Sediment Control Handbook Prior to Start of or State Construction Best Management Practices Construction and Handbook. The Developer is responsible for ensuring Ongoing as that all contractors implement all storm water pollution Needed prevention measures in the SWPPP. DUBLIN SAN RAMON SERVICES DISTRICT (DSRSD) 90. Prior to issuance of any building permit, complete DSR Issuance of DSRSD improvement plans shall be submitted to DSRSD that permits 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 & all DSRSD policies. 91. All mains shall be sized to provide sufficient capacity to DSR Issuance of DSRSD accommodate future flow demands in addition to each permits development project's demand. Layout and sizing of mains shall be in conformance with DSRSD utility master planning. 92. Sewers shall be designed to operate by gravity flow to DSR Issuance of DSRSD DSRSD's existing sanitary sewer system. Pumping of permits 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 to of present worth 20 years maintenance cost as well as other conditions with a separate agreement with the applicant for any project that requires a pumping station. 93. Domestic and fire protection waterline systems for DSR Issuance of DSRSD Tracts or Commercial Developments shall be designed permits to be looped or interconnected to avoid dead end sections in accordance with requirements of the DSRSD Standard Specifications and sound engineering practice. 17 of 19 94. DSRSD policy requires public water and sewer lines to DSR Issuance of DSRSD be located in public streets rather than in off-street permits locations to the fullest extent possible. If unavoidable, then public sewer or water easements must be established over the alignment of each public sewer or water line in an off-street or private street location to provide access for future maintenance and/or replacement. 95. Prior to approval by the City of a grading permit or a site DSR Issuance of DSRSD development permit, the locations and widths of all permits proposed easement dedications for water and sewer lines shall be submitted to and approved by DSRSD. 96. All easement dedications for DSRSD facilities shall be DSR Issuance of DSRSD by separate instrument irrevocably offered to DSRSD or permits by offer of dedication on the Final Map. 97. Prior to approval by the City for Recordation, the Final DSR Issuance of DSRSD Map shall be submitted to and approved by DSRSD for permits easement locations, widths, and restrictions. 98. Prior to issuance by the City of any Building Permit or DSR Issuance of DSRSD Construction Permit by the Dublin San Ramon Services permits District, whichever comes first, all utility connection fees including DSRSD and Zone T 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. 99. Prior to issuance by the City of any Building Permit or DSR Issuance of DSRSD Construction Permit by the Dublin San Ramon Services permits 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, a one-year maintenance bond, and a comprehensive general liability insurance policy in the amounts and forms that are acceptable to DSRSD. The applicant shall allow at least 15 working days for final improvement drawing review by DSRSD before signature by the District Engineer. 100. No sewer line or waterline construction shall be DSR Issuance of DSRSD permitted unless the proper utility construction permit permits has been issued by DSRSD. A construction permit will only be issued after all of the items in Condition No. 9 have been satisfied. 101. The applicant shall hold DSRSD, its Board of Directors, DSR On-going DSRSD commissions, employees, and agents of DSRSD harmless and indemnify and defend the same from any litigation, claims, or fines resulting from the construction and completion of the project. 18 of 19 102. Improvement plans shall include recycled water DSR Issuance of DSRSD improvements as required by DSRSD. Services for permits landscape irrigation shall connect to recycled water mains. Applicant must obtain a copy of the DSRSD Recycled Water Use Guidelines and conform to the requirements therein. PASSED, APPROVED AND ADOPTED this 11th day of December 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Assistant Community Development Director G.IPAM201DPLPA-2012-00054 Fountainhead Montessori School CUP SDmPlanning CommissionlPC Reso.12.11.12.docx 19 of 19 LO'n mm ww o U a a Q ¢ U w w w i �w ro GrS I UJ U a ro Ua.w U o � 8v 0� 8 O �Q �UV-) `� a VJwL�a�� UaoOa�a� -4m) V ° � o w o n a ° � J w _q � �' v �o •� U � ° 2 a J 6 8 8 A r� 0. 0 3 A N N i2 N 1Ni � N �.� 8 �, o � V cq p" w A 14 ro u U U g U u u� � A i,' k t, CN' o ,b MI` AtlM?I�Rt.Gdd 1S N C4 _ o N ya w "d �u .w �� b G� a-- II c0 P� � � v ,n v •• ro°� w� v v � v �" Flo !�1 �" ro g II O�� m� b� • 3 9 9 oj- ell ro g d c .oz ar w Q dj .g o i✓ r� O h 5 #PEI p E s ® e o flyp� .•-. A S �•,^,!� al -� ems, �, t✓ MB C, a 8 p z l� Q t� I I 'c N 1L1 # 1� �o 8 0 a �a 0. F oa � 3 s U s ti awa Em spy qm Im oNua nls ONIL33NION3 ONINN d 'OU! 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This document is also available in the Planning Department and on the City's Website. The attached document was received in the Planning Department after distribution of the December 11, 2012 Planning Commission meeting agenda packet. Item 8.2, 12.11.12 AOC Technologies, Inc. Customer Satisfaction Is Our Only Priority! City of Dublin Planning Commission Mr. Luke Sims, AICP 100 Civic Plaza Dublin, CA 94568 December 10, 2012 Regarding: PLPA-2012-00054 Fax to 925-833-6628 Dear Mr. Sims and Commissioners, AOC Technologies Incorporated has for more than 10 years been a tenant at the 6690 Amador Plaza location which is part of the proposed Montessori site development. As a long time tenant we believe we are well qualified to comment on the possible problems that will be created by the proposed changes. AOC would like to point out that the road and traffic along Amador Plaza Road leading to the property, particularly the segment from the intersection with Saint Patrick Way to the property is inadequate to safely support traffic for the loading and unloading of up to 381 students each morning, noon and evening. This segment of Amador Plaza Road has 3 lanes, one lane for each direction and a shared common lane that is always encroached in both directions by on-street parking and frequently the common lane is occupied by car-transport trucks that are loading and unloading. The remaining width available to each direction Is very small, perhaps at most 2 feet of clearance and traffic will stop whenever SUV's and wider trucks cannot safely get through. Even if on-street parking were eliminated and traffic were able to move at the posted limit of 25 mph, the actual speed will be reduced to just what is possible for a vehicle enter the driveway and negotiate the speed bumps in the parking lot. When the school traffic increases above its present level, we are certain that the traffic will back up into Dublin Blvd, limit freeway access to 680 Southbound from the same intersection, limit Bart Station access on the adjoining block and prevent timely pickup and delivery of materials to our company. AOC respectfully requests that further study and remedies are formulated to address this problem. Sincerely, =sl i Bill Sterling Vice President Engineeri for AOC Technologies Inc. AOC Technologies Inc. 6690 Amador Plaza Road#110 Dublin, CA 94568 USA T"1. °" S-0808 Fax: 925-875-0878 Received Time Dec. 10. 2012 4: 33PM' No. 217°'0