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HomeMy WebLinkAboutItem 6.3 Rite-Aid KinderCareCUP (2) AGENDA STATEMENT CITY COUNCIL MEETING DATE: CITY CLERK FILE # 410-30 July 20, 1999 SUBJECT: · Reconsideration of PA 98-038 Rite Aid/KinderCare Conditional Use Permit and Site Development Review ~ (Report Prepared by: Carol R. Cirelli, Senior Planner) ATTACHMENTS: Revised Rite Aid Project Plans Resolution adopting the Conditional Use Permit with the revised drive-through pharmacy location and hours. Resolution adopting the Site Development Review with the revised drive-through pharmacy location and hours. Rite Aid's reconsideration request. Noise Assessment for the revised drive-through pharmacy RECOMMENDATION: 1) Open the public hearing and hear staff presentation. 2) Take testimony from the applicant and the public. 3) Question staff, applicant and the public. 4) Close the public hearing and deliberate. 5) Deny the applicant's reconsideration request; or 6) Reconsider the Rite Aid/KinderCare CUP and SDR and adopt resolutions approving the drive-through pharmacy re-location and revised hours request; or 7) Give staff and applicant direction and continue the reconsideration request to another meeting. FINANCIAL STATEMENT: None DESCRIPTION: The Rite Aid applicant is requesting a reconsideration of the approved Conditional Use Permit and Site Development Review to re-locate the drive-through pharmacy from the eastern building elevation (San Ramon Road side) to the westem building elevation where it had originally been proposed. The applicant is also requesting that the drive-through pharmacy operate from 7:00 a.m. to 11:00 p.m., instead of 24 hours. g:\pa98-038\7-20-99 CC Staff Report COPIES TO: Applicants Property Owners Address File Senior Planner ITEM NO. BACKGROUND: On March 9, 1999, the Planning Commission recommended City Council approval of the Rite Aid/KinderCare San Ramon Road Specific Plan Amendment, PD Rezone, Conditional Use Permit and Site Development Review, with two additional conditions that prohibit Rite Aid drug store truck deliveries between the hours of 9:00 p.m. and 7:00 a.m.; and require the extension of the block wall between KinderCare and the Kildara residential community an additional 2 feet. This approval included the drive-through pharmacy along the western Rite Aid building elevation. On April 6, 1999, the City Council approved the Negative Declaration; Specific Plan Amendment; and Conditional Use Permit (CUP) request with two additional CUP conditions: 1) the Public Works Department shall work with the Kildara residents to determine the type of street signage that the applicants should pay for and install along Amador Valley Boulevard and Donlan Way for purposes of discouraging traffic from entering the Kildara community; and 2) the applicants shall contribute a total of $10,000 into an escrow account to be used by the Kildara Homeowners Association for purposes of mitigating any traffic impacts the project may cause within the Kildara community. The City Council amended one of the CUP conditions requiring that Rite Aid return to City Council with verification that the existing Rite Aid tenant space has been re-leased or resold to a business whose use is consistent with the Downtown Specific Plan and that substantial improvements will be made to the existing structure prior to the reuse of the existing Rite Aid tenant space at 7201 Regional, Street. In addition, the City Council directed staff to return with the Site Development Review; .(SDR) request with alternative locations for the drive-through pharmacy and recommendations for public!street signage for deterring traffic away from Kildara. ~: ! ~!,i 'i . : :. :: On April 20, 1999, the City Council adopted the PD Rezone with an additional ordinancei provision stating that the PD Rezone shall become effective 30 days following its adoption or following the City Council' s approval of a proposed preliminary plan for exterior improvements to the existing :Rite Aid building, whichever occurs later; and the SDR request with the Alternative 3 drive-through pharmacy located along the eastern building elevation. The approved CUP and SDR do not become effective until the effective date of the PD District Rezone. ANALYSIS: Attachment 3 of the staff report outlines Rite Aid' s reasons for the reconsideration request. Rite Aid states that there is a security issue with a "remote" drive-through pharmacy while customers wait for their prescription. The remote drive-through also eliminates the face to face contact with the pharmacist and any prescription demonstrations that may be required. Since potential traffic and speaker noise from the drive-through was one of the reasons for approving an alternate site for the drive-through, a noise assessment was conducted for the project (see Attachment 4). The noise assessment concluded that noise from the drive-through activities would be below the existing background noise levels at the closest Kildara residence (which is approximately 275 feet away) and would be indistinguishable from the background traffic noise. Staff' s April 6th analysis of the Rite Aid project concluded that the drive-through pharmacy located along the western building elevation presented far less on-site circulation impacts compared to the drive-through 2 locations along the northern and eastern building elevations. Staff recommended approval of the drive- through along the western building elevation based on the following reasons: 1) the drive-through accommodated adequate turning radii and sufficient space for vehicle stacking and the entire project' s parking and drive aisle configuration facilitated a safe and free flow of on-site vehicular movement; and 2) the drive-through along the western building elevation presented minimal noise impacts due to: a) the fair amount of distance between the drive-through and the nearest Kildara resident; b) the KinderCare building acting as a noise buffer; and c) a condition of project approval requiring that the speakers for the drive- through be at a noise level which reflects the minimum functional volume and that speaker noises not be discemible beyond property lines. New CUP and SDR resolutions have been prepared if the City Council decides to approve the re-location request (see Attachments 1 and 2). The CUP resolution Contains one new condition of approval (condition #17) reflecting the revised hours of operation of the drive-through pharmacy. Approval of Rite Aid' s drive-through pharmacy re-location request would not affect any of KinderCare's planning permit approvals. CONCLUSION: Staff recommends that the City Council conduct a public hearing and then either: 1) deny the applicant' s reconsideration request of the approved Rite Aid/KinderCare CUP/SDR; 2) reconsider the Rite Aicl/KinderCare CUP and SDR and adopt resolutions approving the drive-through pharmacy re-location and revised hours request; or 3) give staff and applicant direction and continue the reconsideration request to another meeting. !., ~ ~ :.... i.~. :' g:\pa98-038W-20-99 CC Staff Report KINDERCARE LEARNING CENTER, IN~C PARKING SPACE INFORMATION _NOTE: ~ ARE ALLOWJ:D TO USE Rllt AID'S EXCESS PARKING SPACES PRO'vIDEO = 42 SPACES RFFE AID CORPORATION PARKING SPACE REOUIREMENTS I PARKING SPACE P[R 300 SO. F[. PARKING SPACES REQUIRE0 = 56 SPACES TOTAL 5'TEPARK~NC SPACES PRODDED KINDERCARE = 42 SPACES RiTE AID = 70 SPACES TOTAL = tl2 SPACE5 tit t I1 IIf t I I I I VICINITY MAP PROPOSED SOUTH ELEVATION FINISH .S_C__~_H~DUL~ PROPOSED EAST ELEVATION ~ 'ff6°~':O' RITE AID CORPORATION STORE NO. 5936-02 DUBLIN, CALIFORNIA FINISH SCHEDULE PROPOSED WEST ELEVATION ~r_A~ 1/8'~1~4)~ PROPOSED NORTH ELEVATION RITE AID CORPORATION STORE NO. 5936-02 DUBLIN, CALIFORNIA --; .---,~',~-,-,,-~,.-.T~ ," "~ " " ........":"" .........~"~ i ~ i:,,. .,!5..'.,;~ '.,!;.:i~,.: '.~'_,~, 'I" ~z'~' .......~" ":~"'!i~''~''' ""~"~ .....i~ .......1~'~' ~'-"'~ ."""'=' ~'Z~""':" "'~' ~ ~ i.~ t"' i~ .~f, ":"" .................' '~ .-' ~ · .,....:,,..,~,5~:,.. .~,.i.'.,..'.,,~ .....~"', , .....~~. "' "' ..........': ~..~.'.-~' .",-'-i. ~!'.!...,'~' .i. ,~ ~ h' --- -'~' .~'. ..'7" '.'~ "~ ~ ~"" ~ "_..,_ ;~;'~'~." -""- ' "- ',;-~""""""'~ --""""""-"~~,,,..,,,,:.~~'~',' '-""~1 ,~.,.':"i~~%~ -- ~ 5.,, ~ ,,,,,,.,.,,~,,,.,, "-"",~ ',,\ ~A~ S~AC~S ~d~ ~ ~ SPACES PA""77,,,:Z:2EX'c:,,""p,,'Z':,'E:A)c~' ::"'.O:A:,,:,,:A,.?.?,.Sr:.LT:.,,.,,'PRELIMINARY .,,EA,,- ,,S. ACES, LANDSCAPE PLAN PLUS RITE AID EXCESS PARKING SPACES = 3 SPACES TOTAL = 105 SPACES ~ ..... . . . . . f la- -[44- _oJ { RESOLUTION NO. - 99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ADOPTING PA 98,038 RITE AID/KINDERCARE CONDITIONAL USE PERMIT TO ESTABLISH A DRIVE-THROUGH PHARMACY AND DAY CARE CENTER AND TO EXEMPT PARKING REQUIREMENTS FOR THE DAY CARE CENTER LOCATED AT 7348 - 7372 SAN RAMON ROAD WHEREAS, the Applicants, Peter Tobin of Tait and Associates, on behalf of Rite Aid Corporation, and Joe Bledsoe of KinderCare Learning Centers, has requested approval of an amendment to the San Ramon Specific Plan, a Planned Development (PD) District Rezone, a Conditional Use Permit and Site Development Review to construct an approximate 16,700 square foot, 24-hour retail drug store, a 9,824 square foot day care center, and voluntarily contribute traffic improvement funds in the amount of $129,880, and to establish a drive through pharmacy and a day care center and to exempt parking requirements for the day care center located at 7348 - 7372 San Ramon Road, within the San Ramon Road Specific Plan and the C-l, Retail Commercial Zoning District; and WHEREAS, the project has been reviewed in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the City of Dublin Environmental Guidelines and a Negative Declaration has been prepared for this project and is on file with the Dublin Planning Department. The. project, as proposed, will not have a significant effect on the environment; and ~ ~ .,~ WHEREAS, the Planning Commission did hold a public hearing on the Conditional Use Permit and Site Development Review on March 9, 1999' and did adopt Resolution Nos. 99-08; 99-09; 99~10; and 99-11, recommending that the City Council approve the Negative Declaration, Specific Plan Amendment;: PD Rezone and Conditional Use Permit/Site Development Review, respectively, with added conditions of approval to the Conditional Use Permit/Site Development Review resolution; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a properly noticed public hearing was held by the City Council on April 6, 1999; and WHEREAS, a Staff Report was submitted to the City Council recommending that the City Council approve the application; and WHEREAS, the City Council did hear and use their independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth; and WHEREAS, the City Council has found that the proposed project is appropriate for the subject site. NOW, THEREFORE, BE IT RESOLVED THAT THE City Council of the City of Dublin does hereby find that: The proposed operation of a drive-through pharmacy and day care facility within the San Ramon Road Specific Plan and the Planned Development Zoning District for PA 98-038 is compatible with other land uses (i.e. retail commercial and residential), transportation and service facilities in the vicinity because the proposed drug store use will provide a commercial service and retail establishment use consistent ATTACHMENT 2 with the adjacent downtown uses and both the drug store and day care uses will offer goods and services which typically benefit residential uses. The proposed uses will not adversely affect the health or safety of persons residing or working in the vicinity, 'and will not be detrimental to the public health, safety and welfare because all the potential environmental impacts associated with the project are less than significant. The uses will not be injurious to property or improvements in the neighborhood because the project is conditioned to comply with all Building and Fire Department requirements, and Public Works Department requirements regarding on and off-site traffic circulation, street improvements, and on and off-site drainage improvements. 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. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed because the project is located on relatively flat land within an urbanized area adjacent to existing retail commercial uses and medium to high density residential uses and the Applicants have agreed to mitigate off-site traffic and circulation impacts by the voluntary payment of $129,880 for street improvements. The Rite Aid Pharmacy drug store use and KinderCare day care center use ~is not contrary to the specific intent clauses,' development regulations,~ and performance standards established for the Planned Development (PD) Zoning District for PA 98-038 because the conditions of approval are required to insure that both uses, which will be supportive of surrounding retail and residential uses through the provision of day care and education services'for adjacent residents and children of workers in the ,surrounding commercial areas, and supportive of similar surrounding retail commercial uses, will be compatible with those uses. The approval of this application, as conditioned, complies with the Dublin General Plan, the related San Ramon Road Specific Plan Amendment and the PD Zoning District regulations, and the general requirements established in the Dublin Zoning Ordinance. BE IT FURTHER RESOLVED THAT THE Dublin City Council hereby approves PA 98-038 Rite Aid/KinderCare Conditional Use Permit to establish a drive through pharmacy and a day care center and to exempt parking requirements for the day care center located at 7348 - 7372 San Ramon Road, as generally depicted by the plans labeled Exhibit 3A of the related Planned Development District Rezone Ordinance, consisting of nine sheets prepared by Tait and Associates, MCG Architects, Majors 2M Engineering, and CRHO Architects, stamped approved and on file with the Dublin Planning Department, subject to the approval of the related San Ramon Road Specific Plan Amendment and Planned Development District Rezone and compliance with the following conditions: CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use, and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [PLI Planning, [BI Building, [PO] Police, [PW] Public Works [ADM] Administration/City Attorney, [FIN] Finance, IF] Alameda County Fire Department, [DSR1 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, [CHS], California Department of Health Services. O AGENCY REQ.? CONDITIONi /DEPA R SATISFII£D? T. 1. Ongoing 2. Ongoing 3. Ongoing 4. Ongoing :Ongoing 6. Ongoing GENERAL CONDITIONS Permit Expiration. Construction or use shall commence PL within one year of permit approval, or the permit shall lapse and become null and void. Annual review. On at least an annual basis, this Conditional PL Use Permit shall be subject to Zoning Investigator Review and determination as to compliance with the conditions of approval. Any violation of the terms or conditions of this permit may be subject to enforcement action. Revocation of permit. The permit shall be revocable for cause PL 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. Clean-up. The Applicant/Developer shall be responsible for PL clean-up and disposal of project related trash to maintain a. : clean, litter-free site. Controlling Activities. Rite Aid and KinderCare shall control PO, PL . all activities on the project site so as not to create a nuisance to the existing or surrounding businesses and residences. Accessory Structures. The use of any accessory structures, PL, B, F such as storage sheds or trailer/container 'units used for storage or for any other purpose, shall not be allowed on the site at any time. Fire Codes and Ordinances. All project construction shall B conform to all .fire codes and ordinances in effect at the time of building permits. 7. Through completion 8. Conditions of Related Project Approvals. The PL, PW Ongoing Applicant/Developer shall comply with all conditions of approval of the related San Ramon Road Specific Plan Amendment, Planned Development (PD) District Rezone and Site Development Review for the PA 98-038 Rite Aid/KinderCare project. Public Right-of-Way Signage. The Public Works Department shall work with the Kildara Homeowners Association for determining the types of street signage that should be installed along Amador Valley Boulevard and Donlan Way for purposes of discouraging traffic from entering the Kildara community as a short-cut between Dublin Boulevard and San Ramon Road. The Applicant/Developer shall be responsible for purchasing and installing the agreed upon street signage. 9. PW, PL Prior to issuance of Occupancy Permit approval. ii N 10. CON!)ITION TEXT Kildara Funds. The Rite Aid Corporation and KinderCare Learning Centers shall each contribute a maximum of $5,000 which shall be paid into an escrow account to be used by the Kildara Homeowners Association for purposes of mitigating any traffic impacts the project may cause within the Kildara community. Any funds remaining in the escrow account 18 months after the last certificate of occupancy for either Rite Aid or KinderCare will be refunded to the applicants equally. RESPON. AGENCY /DEPAR T. PL, PW W!!EN .... REQ.? Prior to issuance of Occupancy Permit approval. HOW IS CONDITION SATISFIEI)? 11. 12. 13. 15. KINDERCARE DAY CARE Number of students. The day care center shall have a maximum enrollment of 180 children. Drop-off and pick-up of students. The KinderCare Applicant shall be responsible for escorting each student from the drop-off and pick-up area to and from the school. Hours of operation. Hours of operation for the school shall be from 6:15 a.m. to 6:15 p.m. Monday through Friday. Noise/Nuisances. The KinderCare Applicant shall control :all project related activities and noise in the parking lot and playground so as not to create a nuisance to the adjacent residential community and the existing or surrounding businesses. No loudspeakers or amplified music shall be permitted to project or be placed outside of the building. Maintenance. The KinderCare Applicant shall be responsible for cleaning up and disposing of day care facility generated trash and litter on-site and off-site within the neighborhood. PL, B PL PL PL, PO PL Ongoing Ongoing Ongoing Ongoing Ongoing 4 N CONDITION TEXT O 16. Parking Requirement Exemption. The KinderCare Applicant shall provide a minimum of twenty (20) parking spaces for the day care facility, which is a reduction in the number of required off-street parking spaces under the Zoning Ordinance. The proposed number of parking spaces is sufficient based on the traffic and parking study completed by TJKM Transportation Consultants dated January 25, 1999. Any overflow parking will not impact the adjacent Rite Aid drug store use, or any other adjacent uses. The Applicant shall dedicate parking spaces along the front of the day care facility for drop-off and pick-up of students. These parking spaces shall be identified by markings on the pavement and other signage subject to the review and approval of the Community Development Director and Public Works Director. RESPON. · AGENCY '/DEPAR PL, PW WHEN 'REQ.? Ongoing : now Is' i CONDITION' SATISFIED? RITE AID 17. Drive-Through Pharmacy Hours of Operation. The hours of PL operation for the drive-through pharmacy shall be from 7:00 __ a.m. to 11:00 p.m. . , . 18. Noise/Nuisances. Loudspeakers used for the drive through PL pharmacy service window shall observe a noise level which reflects the minimum functional volume. The speaker noise level shall not be discernible beyond the property lines, in particular, the adjacent residential neighborhood. No amplified music shall be permitted outside the enclosed building. The Applicant shall control all other project related activities on the site so as not to create a nuisance to the adjacent residential community and the existing or surrounding businesses. 19. Re-Lease of Rite Aid Tenant Space. Prior to issuance of PL building permits for the PA 98-038 Rite Aid project, the Rite Aid Corporation shall provide the City Council with verification that the existing Rite Aid tenant space located at 7201 Regional Street has been re-leased (or resold) to a business whose use is consistent with the Downtown Specific Plan (i.e., retail and service commercial uses) and that substantial improvements will be made to the structure at 7201 Regional Street prior to the reuse of the existing Rite Aid tenant space. Ongoing Ongoing Prior to issuance of Building Permits 5 "N CONmT~ON'T~:XT' ' 'nESrON.wm.:xnOW iS () : AGENCy REQ.': C(')NDrI'ION[ , /DEPAR SAT! S FlED i ,T. 20. Delivery Trucks. Truck deliveries for the Rite Aid. drug store PL Ongoing shall be prohibited between the hours of 9:00 p.m. and 7:00 a.m. The Conditional Use Permit shall be effective upon the effective date of the related San Ramon Road Specific Plan Amendment and PD District Rezone. PASSED, APPROVED AND ADOPTED this 20th day of July, 1999. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk g:\pa98-038\CUP Reso 2 - CC 6 RESOLUTION NO. - 99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ADOPTING PA 98-038 RITE AID/KINDERCARE SITE DEVELOPMENT REVIEW REQUEST TO CONSTRUCT A +16,700 SQUARE FOOT RETAIL DRUG STORE AND A 9,824 SQUARE FOOT DAY CARE CENTER, AND TO VOLUNTARILY CONTRIBUTE TRAFFIC IMPROVEMENT FUNDS IN THE AMOUNT OF $129,880 LOCATED AT 7348 - 7372 SAN RAMON ROAD WHEREAS, the Applicants, Peter Tobin of Tait and Associates, on behalf of Rite Aid Corporation, and Joe Bledsoe of KinderCare Learning Centers, has requested approval of an amendment to the San Ramon Specific Plan, a Planned Development (PD) District Rezone, a Conditional Use Permit and Site Development Review to construct an approximate 16,700 square foot retail drug store, a 9,824 square foot day care center, and voluntarily contribute traffic improvement funds in the amount of $129,880, and to establish a drive through pharmacy and a day care center and to exempt parking requirements for the day care center located at 7348 - 7372 San 'Ramon Road, within the San Ramon Road Specific Plan and the C-l, Retail Commercial Zoning District; and WHEREAS, the project has been reviewed in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the City of Dublin Environmental GU:idelines and a Negative Declaration has been prepared for this project and is on file with the Dublin Planning~Department. The project, as proposed, will not have a significant effect on the environment;: and ,., WHEREAS, the Planning Commission did hold a public h~aring on the Conditional Use Permit and Site Development Review on March 9, 1999 and did adopt Resolution Nos. 99~08; 99:09; :99-10; and 99-11, recommending that the City Council approve the Negative Declaration, Specific Plan Amendment; PD Rezone and Conditional Use Permit/Site Development Review, respectively, with added conditions of approval to the Conditional Use Permit/Site Development Review resolution; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, properly noticed public hearings were held by the City Council on April 6, 1999 and April 20, 1999; and WHEREAS, a Staff Report was submitted to the City Council recommending that the City Council approve the application; and WHEREAS, the City council did hear and use their independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth; and WHEREAS, the City Council has found that the proposed project is appropriate for the subject site. NOW, THEREFORE, BE IT RESOLVED THAT THE City Council of the City of Dublin does hereby find that: The Rite Aid and KinderCare project is consistent with the intent and purpose of Chapter 8.104 Site Development Review of the Zoning Ordinance. ATTACHMENT 3 The approval of this Site Development Review application, 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 all the potential environmental impacts associated with the project are less than significant. The approval of this Site Development Review application, as conditioned, complies with the Retail/Office designation of the General Plan, the related San Ramon Road Specific Plan Amendment and the PD Zoning District regulations, and the general requirements established in the Dublin Zoning Ordinance. The proposed 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 developments. The subject site is physically suitable for the type, density and intensity of the buildings and related structures being proposed because the project is located on relatively flat land within an urbanized area adjacent to existing retail commercial uses and medium to high density residential uses and the Applicants have agreed to mitigate off, site traffic and circulation impacts by the voluntary payment of $129,880 for street improvements. The proposed site development will not result in impacts to views because the site is level and no views could be interrupted. The proposed site development will not result in .impacts to existing slopes and topographic features because the site is relatively level and there are no topographic features. 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 commercial development with the development' s design concept or theme and the architectural character of the surrounding commercial and residential buildings and uses. 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. BE IT FURTHER RESOLVED THAT THE Dublin City Council hereby approves PA 98-038 Rite Aid/KinderCare Site Development Review request to construct an approximate 16,700 square foot retail drug store, a 9,824 square foot day care center, and to voluntarily contribute traffic improvement funds in the amount of $129,880 located at 7348 - 7372 San Ramon Road, as generally depicted by the plans, labeled, Exhibit 3A of the related Planned Development District Rezone City Council Ordinance, consisting of nine sheets prepared by Tait and Associates, MCG Architects, Majors 2M Engineering, and CRHO Architects, dated received by the Planning Department July 2 and April 15, 1999, stamped approved and on file with the Dublin Planning Department, subject to the approval of the related San Ramon Road Specific Plan Amendment and Planned Development District Rezone and compliance with the following conditions: 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 2 of approval: [PL] Planning, [B] Building, [PO] Police, [PW] Public Works [ADMI Administration/City Attorney, [FEN] Finance, IF] Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [LDD], Livermore Dublin Disposal, [CO] Alameda County Department of Environmental Health, [Zone 7], Alameda County Plood Control and Water Conservation District, Zone 7, [LAVTA], Livermore Amador Valley Transit Authority, [CHS], California Department of Health Services. N CONDITION TEXT RESPON. WHEN ~4~}iVTI;~)~. O AGENCY/ REQ.? C( DEPART. SATISFIED? 1. PL Ongoing 2. PL Ongoing 3. PL Ongoing 4. PL GF, NI£RAI~ CONDITIONS Permit Expiration. Construction or use shall commence within one year of permit approval, or the permit shall lapse and become null and void. Revocation of permit. The permit shall be revocable for cause in accordance with Chapter 8.96 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. Clean-up. The Applicant/Developer shall be responsible for clean- up and disposal of project related trash to maintain a safe, clean, and litter-free site. Modifications. Modifications or changes to this Site Development Review approval may be considered by the Community Development Director, if the modifications or changes proposed comply with Section 8.104.100, of the Zoning Ordinance. Controlling Activities. Rite Aid and KinderCare shall control all activities on the project site so as not to create a nuisance to the existing or surrounding businesses and residences. Accessory Structures. The use of any accessory structures, such as storage sheds or trailer/container units used for storage or for any other purpose, shall not be allowed on the site at any time. Fees. Applicant/Developer shall pay all applicable fees in effect at the time of building permit issuance, including, but not limited to, Planning fees, Building fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees, Alameda County Fire Services fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; or any other fee that may be adopted. Requirements and Standard Conditions. The Applicant/Developer shall comply with applicable Alameda County Fire, Dublin Public Works Department, Dublin Building Department, Dublin Police Service, 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. PO, PL pL, B,F i Various Various Ongoing Ongoing Ongoing Various times, but no later than issuance of Building Permits Prior to issuance of Building Permits 10. CONDITION TEXT Standard Public Works Conditions of Approval. PW Applicant/Developer shall comply with all applicable City of Dublin Standard Public Works Conditions of Approval, revised February 24, 1999, Attachment D1 (obtain from Planning Department). In the event of a conflict between the Standard Public Works Conditions of Approval and these ConditiOns, these conditions shall prevail. Required Permits. Applicant/Developer shall obtain all necessary PW permits required by other agencies (e.g., Alameda County Flood Control District Zone 7, Alameda County Health Agency (if necessary), State Water Quality Control Board, etc.) and shall submit copies of the permits to the Department of Public Works. 11. Building Permits, Codes and Ordinances. The Applicant/Developer shall obtain all necessary permits from the Dublin Building Department. All project construction shall conform to all building codes and ordinances in effect at the time of building permits. 12. Fire Codes and Ordinances. All project construction shall conform to all fire codes and ordinances in effect at the time of building permits. 13. Removal of Obstructions. Applicant/Developer shall remove all trees including major root systems and other obstructions from building sites that are necessary for public improvements or for public safety as directed by the soils engineer and Director of Public Works. 14. Phasing Plan. If the project is to be phased, Applicant/Developer shall submit a phasing plan to the Director of Public Works for review and approval showing that each building being constructed has adequate parking, access, traffic circulation, fire access and drainage per the City Zoning and Grading Ordinances. The unimproved portions of the site shall be hydroseeded and graded to drain into appropriate drainage structures with adequate erosion control protection and shall be maintained by Applicant/Developer until such time that the improvements are constructed. 15. Traffic Control. Two-way traffic is to be maintained along Amador Valley Boulevard during all phases of construction. Applicant/Developer shall submit a traffic control plan showing detouring and temporary striping for all interim or phased improvements in the public street right of way for review and approval by the Director of Public Works. 16. Building Permit Application. To apply for building permits, the Applicant/Developer shall submit twelve (12) sets of construction plans together with final site plan and landscape plans to the Building Department for plan check. Each set of plans shall have attached a copy of these conditions of approval with the "How is Condition Satisfied?" column filled out. The column shall clearly indicate how all conditions of approval will be, or have been complied with. Construction plans will not be accepted without the annotated conditions attached to each set of plans. The Applicant/Developer will be responsible for obtaining the approv.als of all participating non-City agencies prior to the issuance of building permits. RESPON. AGENCY/ 'DEPART. B B PW PW PW B WHEN 'REQ.? Approval of Improvemen t Plans through completion Various times, but no later than issuance of Building Permits Through completion Through completion Prior to Issuance of OcCupancy Permits Prior to Issuance of Occupancy Permits Prior to Issuance of Building Permits Prior to issuance of Building Permits now 'is CONDITION SATISFIED? 4 N CONDITION TEXT O ,~ 17. Public Works Conditions of Approval. In submitting subsequent plans for review and approval, Applicant/Developer shall submit six (6) sets of plans to the Engineering Department for plan check. Each set of plans shall have attached a copy of these Cbnditions of Approval with responses to conditions filled in indicating where on the plans and/or how the condition is satisfied. A copy of the Standard Public Works Conditions of Approval shall also be submitted which has been marked up to indicate where on the plans and/or how the condition is satisfied. The notations shall clearly indicate how all Conditions of Approval and Standard Public Works Conditions of Approval will be complied with. Improvement plans will not be accepted without the annotated conditions and standards attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participating non-City agencies. 18. Conditions of Related Project Approvals. The Applicant/Developer shall comply with all conditions of approval of the related San Ramon Road Specific Plan Amendment and Planned Development (PD) District Rezone for the PA 98-038 Rite Aid/KinderCare project. GENERAL DESIGN: 19. Utility Siting Plan. The Applicant/Developer *shall provide a Utility Siting Plan showing that transformers and service boxes are placed outside of public view where possible and/or screened to the · satisfaction of the Community Development Director and Public Works Director. 20. Roof equipment screening. All roof equipment shall be completely screened from view by a parapet. Equipment not screened by a parapet shall be screened by materials architecturally compatible with the building, as approved by the Community Development Director. RESPON. AGENCY/ DEPART,. PW PL, PW PW, PL PL WHEN REQ.? Prior to issuance of Building Permits Ongoing Prior to issuance of Grading Permits Prior to issuance of Building Permits HOW IS CONDITION SATISFIED? N () 21. CONDIllON TEXT Trash Enclosures. A trash bin enclosure shall be 10 feet by 12 feet in size for a single bin and 10 feet by 18 feet in size for two bins. Bins shall not be larger than 4 yards in capacity. The enclosure shall have a 10 foot wide opening. A 10 foot deep concrete apron shall be installed in front of the entire width of the enclosure. The enclosure shall have a 6 inch by 6 inch curb on the inside of the enclosure wall to protect the walls of the enclosure from the bins. The enclosure shall be built of concrete block or equivalent and shall have metal doors. Chain link doors are not permitted. The doors must be designed so that they can be locked closed and can also be held open with pin locks during loading. Trash bin enclosures shall be finished so that they are architecturally compatible with the related main structure. Trash bin enclosures shall be properly maintained and free of graffiti. All trash bins used for this site shall be maintained within the trash bin enclosure(s) at all times. The container shall be covered and shall meet the requirements of the County Health Code, the Dublin San Ramon Services District and the National Pollution Discharge Elimination System. The final location of the trash enclosures shall be determined prior to submittal of building plans subjeCt*t0 the review and approval of the City Planning Department, Public Works Department and the Livermore Dublin DispOsal Service. 22. State Title 24 Requirements/Sidewalk/Handicap Ramps. The PW Applicant/Developer shall construct a sidewalk access from Amador Valley Boulevard/San Ramon Road to the Rite Aid building in order to comply with the current State 'Title 24 requirements. All handicap ramps shall comply with all current State, Title 24 requirements and City of Dublin Standards. All concrete islands with direct access to the pedestrian walkway shall be constructed with handicap ramps. 23. State Ti~e 24 Requirements for Playground Facility. The B, PL KinderCare Applicant shall construct the playground area and all playground facilities in compliance with State Title 24 Requirements for handicapped accessibility. 24. Easements. The Applicant/Developer shall record reciprocal PW easements for required common facilities, which may include, but not be limited to, parking, and trash enclosures, ingress/egress, common driveway, storm drain, sanitary sewer, water and joint trench. 25. Bus Stop Pullout and Shelter. The Applicant/Developer shall construct a bus pullout, concrete pad, passenger bus shelter and trash receptacle along San Ramon Road in front of the project site as required by the Livermore-Amador Valley Transit Authority (LAVTA) and the City Department of Public Works. The bus stop and shelter shall be subject to the review and approval by LAVTA and the City of Dublin Public Works Director. RF. SP('i'~ .' AGENCY/ I)EPART. PL, B, LDD PW, LAVTA WHEN REQ.? Prior to issuance of Building Permits Prior to issuance of Building Permits and completion of Improvements Prior to issuance of Building Permits Prior to issuance of Grading Permits Prior to issuance of Building Permits SATISFIED?]; CONDITION ~EEXT" ' Bicycle Racks. The Applicant/Developer shall be required to install one bicycle rack for each 20 parking spaces. Bicycle racks shall be designed to provide a minimum of 4 bicycle spaces in each rack, and shall be designed so that a bicycle can be secured to the rack. The location of the bicycle rack shall not encroach into the sidewalk which would reduce the unencumbered width of the sidewalk to less than 4 feet. Bicycle racks shall be placed in a location where they shall have adequate lighting and can be surveilled by the occupants. 27. Repair of Damages. Applicant/Developer shall repair all damaged existing street, curb, gutter and sidewalk along San Ramon Road and Amador Valley Boulevard as a result of construction activities to the satisfaction of the Director of Public Works. 28. Parking. All parking shall conform to the plans shown on Exhibit 3A of the PD Rezone Development Plan. The handicapped parking stall located within the parking aisle adjacent to, and west of, the Rite Aid building is not necessary and shall be eliminated. Public parking spaces shall be double-striped with 4-inch wide stripes set approximately 2 feet apart as shown on the "Typical Parking Striping Detail" available in the Planning Department. Disabled accessible, visitor, employee and comp.act parking spaces shall be appropriately identified on the pavement and designated on the parking plan. The Applicant/Developer shall provide a minimum one foot wide raised curb or equivalent on.landsCape fingers and islands adjacent to parking stalls. . ..' .ARCItlTE(;TURE & DESIGN 29. Rite Aid Trellises and Tile inserts. The Rite' Aid Applicant/Developer Shall install trellises along the northern and western building elevations. These trellises shall be comprises of a metal tube grid and attached to the wall above the split fact concrete masonry unit. The trellis grids shall be no greater than 18 inch squares, and shall include landscaping. The eastern and southern building trellises shall also include landscaping. All tile inserts located along all sides of the building shall be larger subject to the review and approval of the Community Development Director. 30. Rite Aid Drive-Through Pharmacy. The Rite Aid Applicant/Developer shall screen the drive-through pharmacy structure as necessary, while providing adequate security measures, subject to the review and approval of the Community Development Director. RESPON. AGENCY/ DEPART. PL PL PL PL PL, PO WHEN· REQ.? Prior to issuance of Building Permits · HOW IS CONDITION SATISFIED? Prior to issuance of Occupancy permit Prior to Issuance of Building Permits Prior to issuance of Building Permits Prior to issuance of Building Permits 7 31. CONDITION TEXT ~ ..... KinderCare - Block Wall. In order to mitigate potential noise impacts, the KinderCare Applicantf Developer shall extend the concrete block wall along the western project property boundary between KinderCare and the Kildara residential community an additional 2 feet so that the total height of the block wail when measured from the KinderCare site is 8-feet high. ON AND OFF-SH'E I~'IPROVE,'IENTS 32. Dedication and Improvement of Amador Valley Boulevard. Applicant/Developer shall dedicate to the City of Dublin the road PW labeled as Amador Valley Boulevard (from San Ramon Road to the westerly end of the most westerly commercial driveway) for public street purposes (61' wide right of way) and shall improve the street to commercial street standards with a width of 48' curb to curb, with a 5' wide sidewalk along the north side of the street. The dedication shall be in a manner as to allow for the 48' paved curb to curb section, plus a 5' sidewalk on both sides of the street and an additional 3' wide right of way on the north side. Applicant/Developer shall dedicate to the City of Dublin the road labeled as Amador Valley Boulevard (from the westerly end of the most westerly commercial driveway to the westerly property line) for public street purposes (48' wide right of way) andshail improve the street to residential street standards with a width of 36' curb to curb, with' a 5' wide sidewalk along the north side of the street. The dedication shall be in a manner as to allow for the 36' paved curb to curb section, plus a 5' sidewalk on both sides of the street and an additional 2' wide fight of way on the north side. Parking shall not be permitted on either side of the street. Said dedications shall be to the satisfaction of the Public Works Director. 33. Construction of Off-Site Improvements. The Applicant/Developer PW shall construct improvements, which shall include, but are not limited to, curbs, gutters, 5' wide sidewalks, striping and pavement within the new proposed Amador Valley Boulevard right-of-way to the satisfaction of the Public Works Director. Applicant/Developer shall construct a shrry seal over entire width of Amador Valley Boulevard for the length of the project and to the satisfaction of the Director of Public Works. 34. Off-Site Improvement Plans. The Applicant/Developer's Engineer PW shail prepare and submit improvement plans for review and approval by the Director of Public Works. Said Improvement plans shall include, but is not limited to, plan and profile, storm drainage, utility, striping and details for the project to the satisfaction of the Director of Public Works. The Applicant/Developer Engineer shall obtain the City of Dublin' s Improvement Plan Checklist from the Public Works Department and shall address any and all items applicable to the project. Said checklist shall be a part of these conditions of approval. 35. Construction of On-site Improvements. The Applicant/Developer PW shall construct on-site improvements as shown on the site plan prepared by Tait & Associates, labeled Exhibit 3A, dated received by the Planning Department 7-2-99, sheet 1, and stamped approved and on file with the Planning Department. 8 RESPON~ ' AGENCY/ DEPART. PL, B WHEN REQ.? Prior to issuance of Building Permits Prior to issuance of Occupancy Permit Prior to Occupancy Prior to Issuance of Building Permits Prior to issuance of Occupancy Permits HOW IS CONDITION SATISFIED? N O. CONDITION TEXT · z 36. On-Site Improvement Plans. The Applicant/Developer' s Engineer shall prepare site improvement plans which shall be reviewed and approved by the Director of Public Works. Said Improvement plans shall include, but are not limited to, plan and profile, storm drainage, utility, striping, new pavement sections per the approved project soils report, and details for the project to the satisfaction of the Director of Public Works. The Applicant/Developer's Engineer shall obtain the City of Dublin' s Site Check List from the Public Works Department and shall address any and all items applicable to the project. Said Check List shall be part of these conditions of approval. 37. Abandonment of existing non-use easements. Applicant/Developer PW shall obtain the abandonment of all applicable existing easements that are not currently being used on the proposed site to the satisfaction of the Director of Public Works. 38. Right-of-Way Abandonment. The Applicant/Developer shall PW purchase from the City of Dublin what the City has deemed surplus property which is shown and depicted on the site plan prepared by Tait& Associates, labeled Exhibit 3A, dated 7-2-99, sheet 1, and stamped approved and on file with the Planning Department. Said purchase shall be based on a comparable sale of right-of-way to the north of this project on San Ramon Road to the satisfaction of the Director of Public Works and City Manager. Applicant/Developer shall pay for all of the City' s costs associated with the appraisal and vacation process. 39. Parcel Merger/Lot Line Adjustment. The Applicant/Developer shall merge the existing parcels identified on the current assessor plat as Assessor Parcel Numbers 941-40-2-3; 941-40-2-7; 941-40-2-10 and 941-40-3-2 through a lot line adjustment to facilitate two separate parcels to a configuration acceptable to the Community Development Director and the Director of Public Works. Applicants for said merger and adjustments shall be obtained from the Public Works Department. The Applicant/Developer shall adhere to all State, County, and City requirements for said merger and adjustments tO oCCur. 40. Public Service Easement Dedications. Applicant/Developer shall PW dedicate a 10 foot Public Service Easement (P.S.E.) along the existing and proposed northerly fight-of-way line of Amador Valley Boulevard to the satisfaction of the Director of Public Works. Applicant/Developer shall dedicate a minimum 10 foot wide Public Service Easement over joint utility trench lines, storm drain lines to the satisfaction of the Director of Public Works. Applicant/Developer shall also provide Public Utility Easements per the requirements of the Director of Public Works and/or public utility companies as necessary to serve this area with utility services and allow for vehicular and utility service access. RES'PON, .AGENCY/ ..DEPART. Pw WHEN· . REQ.? Prior to Issuance of Building Permits Prior to Issuance of Building Permits Prior to Issuance of Building Permits Prior to.. ·. Issuance of. Building Permits Prior to Issuance of Building Permits HOW IS CONDITION SATISFIED? 9 ' 'CONDITION TEXT i ~ '~ ~;; ~ ..... Emergency Vehicle Access Easement Dedications. Applicant/Developer shall dedicate all needed emergency vehicle access easements from each adjacent public street to all fire access roads surrounding the site buildings as defined by Alameda County Fire Department and to the satisfaction of the Director of Public Works. Applicant/Developer shall also dedicate reciprocal access, parking, common driveway, drainage, ingress and egress and other needed utility easements as defined and approved by the Director of Public Works and the ACFD. TRAFFIC 42. Installation of STOP signs and other traffic signs. Applicant/Developer shall install all Caltrans standard lane drop signing and markings on the west leg of San Ramon Road/Amador Valley Boulevard facing westbound traffic approaching the Rite Aid/Kinder Care access. Said signs and markings and any other required signs and markings shall be installed to the satisfaction of the Director of Public Works. 43. Access, Circulation and Parking. Applicant/Developer shall submit onsite improvement plans showing access, circulation and parking, to be reviewed and approved to the satisfaction of the Director of Public Works. 44. Voluntary .Contribution of Traffic Improvement Funds. As part ..... Of the project, the Applicant/Developer shall voluntarily contribute traffic improvement funds in the amount of $129,880. Rite. Aid' s -I share of this fund is $ 72,216 and KinderCare's share is $ 57,664. GRADIN(; AND I}'RAINAGE: 45. Requirements. The Applicant/Developer shall grade the project in accordance with the Public Works Standard Conditions of Approval and State Regional Water Quality Control Board standards and details. 46. Geotechnical Investigation Report. Applicant/Developer shall prepare a Geotechnical Investigation report as required in the Public Works Standard Conditions of Approval. 47. UTILITIES Undergrounding. The Developer shall underground all utilities to the project unless specifically approved by the Director of Public Works. The Developer shall remove all existing overhead utilities within the project and construct them underground. RESPON. A(;ENCY/ DEPART. PW, F WHEN REQ.? Prior to Issuance of Building Permits HOW IS [ CON I) HI()Ni SATIS!qED? Pw Prior to Issuance of Occupancy Permits PW Prior to ! issuance of Building Permits PL,- B, ADM ~ i . P. ri:or to . .issuance of Building Permits PW Ongoing PW PW Prior to issuance of Grading Permit/ Improvement Plans and during construction Prior to issuance of Grading Permit /Improveme nt Plans 10 N O CONDITION TEXT 48. Joint Utility Trenches/UndergroundinglUtility Plans. Applicant/Developer shall construct all joint utility trenches (such as electric, telephone, cable TV, and gas) in accordance with the appropriate utility jurisdiction. All communication vaults, electric transformers, cable TV boxes, blow-off valves and any appurtenant utility items thereto shall be underground and located behind the proposed sidewalk within the public service easement, unless otherwise approved by the Director of Public Works and any applicable agency. All conduit shall be under the sidewalk within the public right of way to allow for street tree planting. Utility plans, showing the location of all proposed utilities (including electrical vaults and underground transformers) behind the sidewalk shall be reviewed and approved by the Director .of Public Works. Location of these items shall be shown on the Final Map. 49. Streetlights. Applicant/Developer shall install streetlights on Amador Valley Boulevard and San Ramon Road that are the City Standard cobra head luminaries with galvanized poles as required by the Director of Public Works. A street lighting plan which demonstrates compliance with this condition shall be submitted prior to issuance of grading permits and shall be subject to review and approval by the Director of Public Works. Zone 7, The Applicant/Developer shall comply with all Alameda. County Flood Control and Water Conservation District .-<Zone 7 Flood 'Control requirements and applicable drainage fees.. Zone 7 Monitoring Well. Prior to issuance of grading permils for the 'project, the Applicant/Developer shall either· mark or preserve the existing Zone 7 monitoring well, or properly 'destroy the 'well in accordance with a permit obtained from Zone 7 and replaced in kind at a location approved by Zone 7. LIGHTING: 52. Lighting Plan. The Applicant/Developer shall prepare a Lighting Plan and Isochart (Photometrics) to the satisfaction of Police Services, the Director of Public Works and Director of Community Development. Exterior lighting shall be provided within the parking lot, around the entire perimeter of the building, and over exterior doors, and shall be of a design and placement so as not to cause glare onto adjoining properties, businesses or to vehicular traffic. Lighting used after daylight hours shall be adequate to provide for security needs (1 foot candle). Wall lighting around the perimeters of the building should be supplied to provide "wash" security lighting as appropriate. · RESPON. AGENCY/ DEPART. PW PW PW, Zone 7 Zr, ne ' B~:, PL, 170 WHEN .REQ.? Prior to Occupancy Prior to issuance of Grading Permits Prior to approval of Improvemen t Plans Prior to issuance of Grading Permits Prior to issuance of Building Permits HOW IS CONDITION SATISFIED? 53. POLICF SECURITY City of Dublin Non-Residential Security Requirements. All security hardware for Rite Aid and KinderCare must comply with the City of Dublin Non-Residential Security Requirements (obtained from the Planning Department). Security hardware must be provided for all doors, windows, roof, vents, and skylights and any other areas per Dublin Police Services recommendations and requirements. PO, B Prior to issuance of Building Permits/ Occupancy Permits 11 N O CONDITION TEXT 54. KinderCare Fencing. Fencing around the child care center shall be a minimum of 6' in height. The fence shall be constructed with materials that will deter individuals from climbing and scaling the fence. 55. Robbery, Burglary, Theft Prevention and Security Program. PO The Applicant shall work with Dublin Police Services on an ongoing basis to establish an effective robbery, burglary, theft prevention and security program for the business. 56. Graffiti. The owners of Rite Aid and KinderCare shall, at all times, keep the site and building clear of graffiti vandalism on a regular and continuous basis. Graffiti resistant paints for the structures and film for windows or glass should be used. 57. Emergency Response Card. Rite Aid and KinderCare tenants shall PO complete a "Business Site Emergency Response Care" and deliver it to Police Services prior to occupancy. RESPON. AGENCY/ · DEPART.. Po PO, PL FIRE PROTECTION 58. ACFD Rules, Regulations and Standards. Applicant/Developer F shall comply with all Alameda County Fire Services (ACFD) roles, regulations and standards, including minimum standards for ,emergency access roads and payment 0f=all applicable fees, including · a City of Dublin Fire Impact Fees. ., ~ 59. Fire Conditions. Developer shall comply with all conditions of the F Alameda County Fire Department (ACFD) as listed in the letter from ACFD dated 1-15-99, including: ' · Access and Water Supply. An approved access and water supply shall be in place and operational. Wildfire Management Plan. Structures that are within the Wildfire Management Plan area shall meet the requirements for construction, roof covering and fire sprinkler installation. Landscape design plan shall meet the requirements of the Wildfire Management Plan. WHEN nnO.? Prior to issuance of Building Permits Ongoing Ongoing Prior to issuance of Occupancy Permit approval Prior to Issuance of Building Permits Prior to Issuance of Building Permits Prior to the stockpiling of any combustible materials or commencem ent of combustible construction on the site Prior to Issuance of Occupancy Permits C, f, Drive Aisles. Final detailed layout and design of internal drive aisles shall be subject to review and approval by the ACFD and the Director of Public Works. Plan Review. Plans may be subject to revision following review. Fire Sprinklers. Automatic fire sprinklers shall be designed, installed and Prior to maintained to the specifications of NFPA 13 & 25, 1996 edition. Plans and installation calculations shall be submitted to the fire prevention division for review and approval prior to installation. A permit for the system installation shall be completed and all fees paid prior to installation. Plans for Underground Sprinkler System. Plans shall be submitted for Prior to review and approval that include soils compaction, corrosivity and thrust installation block calculations. A Permit for the underground water supply for the fire sprinkler system shall be completed and all fees paid prior to installation. 12 HOW is CONDiTiON SATIS:FlED? N 0 g, j, m, n, CONI)ITION TEXT RESPON, WHEN AGI:.NCY/ REQ,? i)EPA RT, Fire Lane, A "Fire Lane" shall be designated and so marked along the Prior to H()~: IS C()NDITION SATIS FIED? north side of the properties and the main entry. Storage Area. The Applicant/Developer shall provide details for the configuration of the storage area, including any racks with their height and type of materials that will be stored within the storage area. Address. The addresses for both the Rite Aid and KinderCare buildings shall be visible from the street and the addresses must be placed on the rear doors of the buildings. Portable Fire Extinguishers. Portable fire extinguishers shall be installed in accordance with the Uniform Building Code and/or the State Fire Code for the specific occupancy. Emergency Lighting. Emergency lighting shall be installed. KNOX Box. To allow emergency access to the building, a KNOX box shall be installed at the main entries of the buildings. Existing Fire Hydrant° The existing fire hydrant shall be relocated to the east side of the Amador Valley Boulevard access.' .... issuance of Occupancy Permits Prior to installation Prior to issuance of Occupancy Permits Prior to issuance of Occupancy Permits Prior to issuance of Occupancy Permits Prior to issuance of Occupancy Permits Prior to issuance of Occupancy Permits KinderCare Alarm System. KinderCare shall install an alarm system that meets all the requirements of the building code and fire code for an E-3 occupancy. Prior to installation 61. HAZ:i RI)OUS MATERIALS Environmental Assessment. The Applicant/Developer shall conduct F, AC further environmental assessment of the on-site structure(s) regarding asbestos containing materials and/or lead painted surfaces. The purpose of this environmental assessment is to dete.rmine whether any abatement and/or remediation of subsurface conditions of the existing site needs to take place. . ...... ZDUBLIN SAN RAMON SERVICES DISTRICT (DSRSI)) Prior to issuance of any building permit, complete improvement plans DSR shall be submitted to DSRSD that conform to the requirements of the Dublin San Ramon Services District Code, the DSRSD "Standard Procedures, Specifications and Drawings for Design and Installation of Water and Wastewater Facilities", all applicable DSRSD Master Plans and all DSRSD policies. Prior to issuance of Building Permits Prior to issuance of Building Permits 13 N O 62. 63. 64. 65. 66. CONDITION TEXT Domestic and fire protection waterline systems for Tracts or Commercial Developments shall be designed to be looped or interconnected to avoid dead end sections in accordance with requirements of the DSRSD Standard Specifications and sound engineering practice. Public water and sewer lines shall be located in public streets rather than in off-street locations to the fullest extent possible. If unavoidable, then public sewer or water easements must be established over the alignment of each public sewer or water line in an off-street or private street location to provide access for future maintenance and/or replacement. Prior to approval by the City of a Grading Permit, the locations and widths of all proposed easement dedications for water and sewer lines shall be submitted to DSRSD. All easement dedications for DSRSD facilities shall be by separate instrument irrevocably offered to DSRSD, or by offer of dedication on the Final Map. Prior to issuance by the City of any Building Permit, all utility connection fees, plan checking fees, inspection fees, permit 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~ RESPON. AGENCY/ DEPART. DSR DSR DSR DSR DSR 67. Prior to issuance by the City of any Building Permit, all improvement DSR 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/Developer 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/Developer shall allow at least 15 working days for final improvement drawing review by DSRSD before signature by the District Engineer. 68. No sewer line or water line construction shall be permitted unless DSR the proper utility construction permit has been issued by DSRSD. A construction permit will only be issued after all of the items in Condition No. 72 have been satisfied. 69. The Applicant/Developer shall hold DSRSD, its Board of Directors, DSR commissions, employees, and agents of DSRSD harmless and indenmify and defend the same from any litigation, claims, or fines resulting from the construction and completion of the project. WHEN REQ.? Prior to approval of Improvement Plans Prior to approval of Improvement Plans Prior issuance of Grading Permits Prior to issuance of Grading Permits Prior to issuance of Building Permits Prior: to issuance of: Building Permits Prior to issuance of Occupancy Permits Ongoing HOW IS .. CONDITION SATISFIED? 14 N 70. 71. CONDITION TEXT The project is located within the District Recycled Water Use Zone (Ord. 280), which calls for installation of recycled water irrigation systems to allow for the future use of recycled water for approved landscape irrigation demands. Recycled water will be available in the future, as described in the San Ramon Valley Recycled Water Facilities Plan, 1996. Unless specifically exempted by the District Engineer, compliance with Ordinance 280, as may be amended or superceded, is required. All irrigation facilities shall be subject to District review for compliance with District and California Dept. of Health Services Title 22 requirements for recycled water irrigation design. Developer shall obtain a "will serve" letter prior to issuance of grading permit which states that the project can be served by DSRSD for water and sewer service prior to occupancy. I)EIIRIS/DUS'!VCONSTRUCTION ACTIVITY 72. Construction Trash/Debris. Measures shall be taken to contain all construction related trash, debris, and materials on-site until disposal of-site can be arranged. The Applicant/Developer shall keep the adjoining public streets and properties free and clean of project dirt, mud, and materials during the construction period, The Developer shall be responsible for corrective measures at no expense to the City of Dublin. 73. Construction Fencing. The use of any temporary construction: fencing shall be subject to the reidew and approval of the Public Works Director and the Building Official. LANDSCA!'ING 74. Final Landscape and Irrigation Plan. A Final Landscape and Irrigation Plan prepared and stamped by a State licensed landscape architect or registered engineer, generally consistent with the preliminary landscape plan by Ronald J. Allison/Tait and Associates (Rite Aid) and Majors 2M Engineering (KinderCare), dated received July 2 and April 15, 1999 (see Exhibit 3A of the PD Rezone Development Plan), along with a cost estimate of the work and materials proposed, shall be submitted for review and approval by the Community Development Director. Landscape and irrigation plans shall provide for a recycled water system. 75. KinderCare - Additional Landscaping. Additional landscaping shall be required within the KinderCare parking lot, subject to the review and approval by the Community Development Director. The KinderCare Applicant shall work with Planning staff prior to building plan submittal for compliance with this condition. This additional parking lot landscaping shall be shown on the Final Landscape and Irrigation Plan. RESPON. WhEN AGENCY/ REQ.? DEPART. DSR Prior to issuance of Building Permits PW, DSR Prior to issuance of Grading Permits PW, B Prior to Construction PW, B, ,.: Prior PL Construction PL, P~V Prior to issuance of Building Permits PL Prior to issuance of Building Permits 'now is CONDITION SATISFIED? 15 N 76. 77. 79. 81. 82. 83. CONDITION "TEXT Rite Aid Corner Entry Landscaping. The paved comer area at Rite Aid' s main building entry as shown on sheet 1 of 9 on Exhibit 3A of the PD Rezone Development Plan, shall be landscaped with plantings and possibly a seat wall. The additional comer landscaping shall be subject to the review and approval of the Cormnunity Development Director and shall be shown on the Final Landscape and Irrigation Plan. Parking Lot Medians/Islands. All parking lot medians/islands shall be landscaped and the landscaping shall be set back at least two (2) feet from the edge of the parking stalls so that vehicles do not impact the landscaping. Landscaping of Trash Enclosures. The Applicant/Developer shall provide a two (2) foot wide landscape planter along the rear and sides of the trash enclosures and shall install vines that will grow against the walls of the enclosure for screening purposes. Standard Plant Material, Irrigation and Maintenance Agreement. The Applicant/Developer shall complete and submit to the Dublin Planning Department the Standard Plant Material, Irrigation and Maintenance Agreement. Landscaping at Street/Drive Aisle Intersections. Landscaping at street and drive .aisle intersections shall be such that sight distance is not obstructed. Except for trees, landscaping shall not be higher than 30' inches above the curb in these areas. · Landscape Borders. All landscaped areas shall be bordered by a concrete curb that is at least 6 inches high and 6 inches wide. Curbs adjacent to parking spaces must be 12 inches wide. All landscaped areas shall be a minimum of 6 feet in width (curb to curb). Concrete mow strips at least 6 inches deep and 4 inches wide shall be required to separate tuff areas from shrub areas. Maintenance of Landscape. All landscape areas on the site shall be enhanced and properly maintained at all times. Any proposed or modified landscaping to the site, including the removal or replacement of trees, shall require prior review and written approval from the Community Development Director. Water Efficient Landscaping Ordinance. The Applicant/Developer shall submit written documentation to the Public Works Department (in the form of a Landscape Documentation Package and other required documents) that the development conforms to the City' s Water Efficient Landscaping Ordinance. AGENCY/ REQ,? CONDITION DEPART.. SATISFIED? PL Prior to issuance of Building Permits PL, PW PL PL PW PL PL PL, PW Prior to issuance of Building Permits Prior to issuance of Building Permits Prior to issuance of Building Permits Prior to-:. .. issuance of Building Permits Prior to issuance of Building Permits Ongoing Prior to issuance of Building Permits 16 84. CONDITI'ON'TEXT Landscaping and Street Trees. The Applicant/Developer shall construct all landscaping within the site, along the project frontage from the face of curb to the site right-of-way, and all street trees proposed within the public service easements, to the design and specifications of the City of Dublin, and to the satisfaction of the Director of Public Works and Director of Community Development. Street tree varieties of a minimum 15-gallon size shall be planted along all street frontages and shall be shown on the Landscaping plans. Exact tree locations and varieties shall be reviewed and approved by the Director of Public Works. The proposed variety of trees to be planted adjacent to sidewalks or curbs shall be submitted for review to and approval by the Director of Public Works. Root shields shall be required unless otherwise determined by the Director of Public Works and the Director of Community Development. RESPON~ WHEN AGENCY/ REQ.? DEPART..' PL, PW Completion of Improvements HOW IS CONDITION ~SATISFIED? 85. Retaining Walls. Where finish grade of this property is in excess of twenty-four (24) inches higher or lower than the abutting property or adjacent lots within the project, a concrete or masonry block retaining wall or other suitable solution acceptable to the Director of Public Works shall be required and shall be measured from the top of grade on the higher side of the retaining wall or slope. Landscaping shall be installed around all retaining walls in order to soften grade transitions to the satisfaction of the Director of Public, Works and the Director of Community Development. SIGNAGE 86. Master Sign Program. The Applicant/Developer shall appl;Tfor a Master Sign Program for the Rite Aid and KinderCare wall and freestanding signs, in compliance with the sign regUlations of the Zoning Ordinance. When designing the building wall signs, the applicant/developer shall integrate all proposed signage with the architecture of the building. PL, PW Issuance of Occupancy Permits Prior to issuance of Building Permits for signage installation The Site Development Review shall be effective upon the effective date of the related San Ramon Road Specific Plan Amendment and the PD District Rezone. PASSED, APPROVED AND ADOPTED this 20th day of July, 1999. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk g:\pa98-038\SDR Reso 2 - CC 17 lent By: Tait and Associates; 925 680 7878; Jui-7-99 3:00PM; Page 1/1 RITE AID FACILITY NWC SAN RAMON ROAD & AMADOR VALLEY ROAD STORE #5936-02 TAIT jOB SP-3895 The previous Conditional Use Permit approved a "Remote" drive-thru east of the Rite Aid building.. This option was reviewed by Rite Aid Corporation and they are discouraging remote drive-thm's because of the below reasons. Therefore, we are requesting a reconsideration of the City Council for the original ctrive-thru location. REMOTE DRIVP,-THRU CONCRRNS: I. The remote location is of concern for security reasons. This is control and safety of the customers as they wait for their' prescription. 2. The remote drive-thru lacks face to face contact and demonstrations with the pharmaeist. THE "NATtYRAL" DRIVE-THRU IE: A DRIVE-THRU ADJACENT TO THE PHARMACY IS MORE APPEALING TO THE CUSTOMER FOR THE FOLLOWING REASONS: The Customer has face to face contact with the pharmacist and feels more secure as a result of the enhanced visibility. 2. The Pharmacists can provide demonstrations of various drugs. NOTE: The.hours of operation for the drive-thru will be 7 a.m. - l lp.m. ' Please review this information and consider the approval of the original drive-thru location. post-it* Fax Note 7671 L- ILLINGWORTH & RODKIN, INC. /llli Acoustics · Air Quality !!11/ June 30, 1999 Carol R. Cirelli Senior Planner City of Dublin PO Box 2340 Dublin, California 94568 Subject: Dublin Rite Aid Drive-Thru .Pharmacy, Noise Assessment Dear Carol, This letter presents our analysis of the noise impacts from the planned Rite Aid Pharmacy Drive- Thru located at the northwest corner of the intersection of Amador Valley Boulevard and San Ramon Road. This analysis provides a discussion of noise policies and standards applicable to the project, results of ambient noise measurements, and an evaluation of potential noise impact. Applicable Noise Policies and Standards The Noise Element of the City ofDublin's General Plan contains policies regarding control of noise in the City of Dublin. The policies are oriented towards control of traffic noise, which is the major source of noise in the City of Dublin. There are no policies applicable to the assessment of noise generated by projects such as the Rite Aid Pharmacy Drive-Thru. The only policy which provides guidance on acceptable noise levels is Policy G of the Noise Element which requires review of all multi-family development proposals within the projected 60 CNEL~ contour for compliance with noise standards (45 .CNEL in any habitable room as required by State law). It appears reasonable to assess the noise generated by the proposed Rite Aid Pharmacy Drive-Thru against the 45 CNEL indoor and 60 CNEL outdoor standard. Existing Ambient Noise Environment. A noise measurement was conducted on Wednesday, June 9% 1999 over the course of a half-hour from 10:45 pm to 11:15 pm at the nearest noise-sensitive receptors to the proposed Rite-Aid Pharmacy Drive-Thru. The major noise sources at this time of the evening are traffic on 1-580 85 1CNEL (Community Noise Equivalent Level) - The average A-weighted noise level during a 24-hour day, obtained after addition of 5 decibels to levels in the evening from 7:00 PM to 10:00 PM an ., ,~ ~ decibels to sound levels in the night between 10:00 PM and 7:00 AM.. Atll~~ Bolinas Road, #11 Fairfax, 'California 94930 (415) 459-5507 · · (415) 459-6448 Carol R. Cirelli June 30, 1999 Page 2 and 'occasional traffic on the Kildara Estates access road. The background sound level or Lg0 was 42 dBA during the 30 minute measurement period. Maximum levels of 55-62 dBA were generated by cars on the Kildara Estates access road. Noise Impacts In July 1998, we visited a new Rite Aid Store in Davis, California to make noise measurements. This information along with other information provided by Rite Aid is used in this assessment. DriVe- ~,'u Pharmacy Noise The proposed store would have a drive-thru pharmacy, which would be located on the west side of the planned building, approximately 275 feet from the nearest residences. Noise measurements of the drive-thu pharmacy inDavis indicate a maximum noise level.of60 dBA at 30 feet from the speaker. Idling vehicles produce about 55 to 60 dBA at the same distance, but tend to shield the speaker noise. This activity is predicted to produce maximum noise levels of 41 dBA or less for adjacent residences with direct line-of-sight to the Drive-Thru. The noise generated by activity at the Drive-Thru would be below the existing background noise level at the closest Kildara Estates residences and would be indistinguishable from the background traffic noise.' The sound of the outdoor ordering speaker would not be audible even at the closest homes due to the shielding provided by the vehicle from which the order is made. The CNEL would not increase and the project would be consistent with the Dublin General Plan. S~.~~el~~_,~r~~ Richard R. Illingworth, P.E. ILLING IV. OR TtI & R ODKIN, IN C RRI/g~ (99-084)