HomeMy WebLinkAboutPC Reso 91-009 PA 90-081 United Hands Environmental Center w/o outdoor storage RESOLUTION NO. 91 - 009
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 90-081 UNITED HANDS ENVIRONMENTAL CENTER CONDITIONAL USE
PERMIT APPLICATION TO ALLOW THE OPERATION OF A RECYCLING FACILITY
WITHOUT OUTDOOR STORAGE AT 6488 SIERRA COURT
WHEREAS, William Moss, owner and operator of United Hands
Environmental Center, filed an application requesting Conditional Use
Permit and Site Development Review approval to allow the operation of
a recycling facility and food distribution center, to allow outdoor
storage, and to construct exterior modifications to the existing
improved site located at 6488 Sierra Court; and
WHEREAS, the Planning Commission did hold a public hearing on
said application on December 17, 1990 and January 22, 1991; and
WHEREAS, proper notice of said public hearing was given in all
respects as required by law; and
WHEREAS, the application has been reviewed in accordance with the
provisions of the California Environmental Quality Act (CEQA) and a
Negative Declaration has been adopted (Planning Commission Resolution
No. 91-008) for this project as it will have no significant effect on
the environment; and
WHEREAS, the Applicant's Conditional Use Permit and Site
Development Review request for outdoor storage does not have Property
Owner authorization; and
WHEREAS, the Staff Report was submitted recommending that the
application be conditionally approved; and
WHEREAS, the proposed land use, if conditionally approved, is
appropriate for the subject property in terms of being compatible with
the existing land uses in the area and will not overburden public
services; and
WHEREAS, the Planning Commission did hear and consider all said
reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning
Commission does hereby find:
A. The United Hands Environmental Center will serve the public
need by providing a recycling service and food distribution
center for the community.
B. The use will be properly related to other land uses,
transportation and service facilities in the vicinity, as
the proposed use will be compatible to said land uses,
transportation and service facilities in the immediate
vicinity.
C. The use will not materially adversely affect the health or
safety of persons residing or working in the vicinity, or be
materially detrimental to the public welfare or injurious to
property or improvements in the neighborhood, as all
applicable regulations will be met.
D. The use will not be contrary to the specific intent clauses
or performance standards established for the district in
which it is to be located, as the proposed use is compatible
with the adjacent light industrial district uses.
E. The project is consistent with the policies contained in the
City's General Plan.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does
hereby conditionally approve Conditional Use Permit application PA 90-
081 as shown in Exhibit A, subject to the following conditions:
CONDITIONS OF APPROVAL:
Unless stated otherwise, all Conditions of Approval shall be complied
with within 21 days of the effective date of this Conditional Use
Permit approval, 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. [PL1 Planning, [B] Building, [P01 Police, [PW] Public
Works, [ADMIN] Administration, [DRFA] Dougherty Regional Fire
Authority, [DSRSD] Dublin San Ramon Services District, [COUNTY]
Alameda County Department of Environmental Health.
1. PA 90-081 Conditional Use Permit approval is to allow the
operation of: an indoor recycling facility to include
collecting, sorting, storing and preparing source separated
recyclable material for transport to appropriate recycling
processors and a buy-back or drop-off (of recyclable
material) program for the public; and a food distribution
center to include the storing and distribution of packaged
and refrigerated food; as shown on the floor plan dated
received by the Planning Department September 13, 1990
(Exhibit A). This Conditional Use Permit approval does not
allow outdoor storage.(PL)
2. The Applicant shall be restricted to accepting only
recyclable material.
3. All outdoor activities related to the loading and unloading
of recyclable material (unloading for transport into
recycling facility; loading for transport to recycling
processors) shall take place between the hours of 7:30 a.m.
and 5:30 p.m., except as may be approved in advance in
writing by the Planning Director.(PL)
4. The Applicant shall be responsible for maintaining the site
and adjacent neighborhoods clean and free of project related
debris.(PL)
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5. No loudspeakers or amplified music shall be permitted
outside the enclosed building.(PL)
6. All signs shall be subject to the requirements of the Dublin
Zoning Ordinance.(PL)
7. Approval must be obtained from the Alameda County Department
of Environmental Health to collect, transport and store
hazardous material and to collect and store food. This
approval must be obtained within 21 days of the effective
date of this approval.(PL) (COUNTY)
8. The Applicant must comply with all the requirements of the
Dougherty Regional Fire Authority. In particular, all
hazardous materials must be stored in a secondary
containment system.(DRFA)
9. A final inspection of the uses shall be conducted by the
City Planning Department, Administration Department, Alameda
County Department of Environmental Health and the Dougherty
Regional Fire Authority within 21 days of the effective date
f this approval, and every year thereafter. (PL) (ADMIN)
(COUNTY) (DRFA)
10. The Applicant shall provide written documentation to the
City Planning Department that the requirements of the
Alameda County Department of Environmental Health and the
Dougherty Regional Fire Authority have been met.(PL)
11. A Recycling Facility Permit and Transporter Permit must be
obtained from the City within 21 days of the effective date
of this approval.(ADMIN) (PL)
12. In accordance with the Solid Waste Ordinance, all containers
or bins left at collection sites must be properly identified
with the property owner's name, address and telephone number
and each must state what should and what should not be put
in the containers. The Applicant must obtain permission
from the property owner prior to placement of the
containers. The containers shall be kept clean and well
maintained at all times, such that no nuisances are created
(i.e., noise, dust, odor, litter or vectors). The
containers shall be located in areas which do not cause
public safety problems or obstruct required parking or drive
aisles.(ADMIN) (PL)
13. The collection, transport, storage and handling of
recyclable materials must be conducted in ways which prevent
the creation of nuisances (i.e., noise, dust, odor, litter
and vectors).(PL)
14. The Applicant shall operate the recycling use at all times
in accordance with all the provisions of Chapter 5.32 of the
Dublin Municipal Code. The recycling facility shall not be
operated or utilized as a transfer station. (ADMIN) (PL)
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15. The Applicant shall comply with the Building Code
requirements related to the amount of hazardous material
which can be stored within a building. The Applicant shall
consult with the City Building Department within 21 days of
the effective date of this approval.(B)
16. The Applicant shall work with the Dublin Police Services
Department on an ongoing basis to establish an effective
theft prevention and security program.(P0)
17. The Applicant must submit project plans to the Dublin San
Ramon Services District for review of water and sewer
facilities, in particular, the "cleaning area" located in
the recycling facility and determination of related fees.
Within 21 days of the effective date of this approval, the
Applicant shall supply written confirmation to the Planning
Director that the requirements of the Dublin San Ramon
Services District have been met.(DSRSD) (PL)
18. All damaged on-site pavement sections shall be repaired or
replaced as directed by the City Public Works Director.(PW)
19. All damaged concrete aprons around catch basins shall be
replaced by a three foot concrete apron in accordance with
City of Dublin Standard Plans, CD-306.(PW)
20. The Applicant shall submit for review and approval by the
City Public Works Director an "Off-site Public Service
Directional Sign Plan" for United Hands Charities (a non-
profit organization), showing location, type, size,
material, and post type of proposed sign(s). An
Encroachment Permit application is required to be submitted
to the Public Works Department for these signs. All costs
to construct and install the signage shall be paid by the
Applicant. Prior to approving said sign, the Public Works
Department shall verify the non-profit status of United
Hands Charities with the State of California. (PW)
21. An Encroachment Permit shall be secured from the Public
Works Director for any work done in the public right-of-
way.(PW)
22. The Applicant shall conform to the "Typical Public Works
Conditions of Approval for Commercial/Industrial Site
Development Review or Conditional Use Permit Development"
(attached). In particular, the Applicant must comply with
conditions #26, #33, #37, #38, #40 and #47.(PW)
23. On an annual basis, the recycling facility and food
distribution center uses shall be subject to Zoning
Investigator, Alameda County Department of Environmental
Health and Dougherty Regional Fire Authority review and
determination as to the compliance with the Conditions of
Approval.(PL) (COUNTY) (DRFA)
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24. This approval shall become null and void, in the event the
approved use ceases to operate for a continuous one year
period.(PL)
25. This permit shall be revocable for cause in accordance with
Section 8-90.3 of the Dublin Zoning Ordinance. Any
violation of the terms or conditions of this permit shall be
subject to citation.(PL)
26. The Applicant shall obtain written authorization from the
Property Owners to collect hazardous recyclable material.
This authorization shall specify each type of hazardous
material which the Property Owner is authorizing the
Applicant to collect. The Applicant shall submit said
written authorization to the Planning Department within 21
days of the effective date of this approval.
27. This Conditional Use Permit approval shall expire on
February 1, 1992.
PASSED, APPROVED AND ADOPTED this 22nd of January, 1991.
AYES: Commissioners Barnes, Burnham, Rafanelli and Zika
NOES: None
ABSENT: None
////'
PlanningCommisio Chairperson
ATTEST:
Planning Directo
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RESOLUTION NO. 91 - 010
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
DENYING PA90-081 UNITED HANDS ENVIRONMENTAL CENTER
SITE DEVELOPMENT REVIEW APPLICATION TO CONSTRUCT EXTERIOR
MODIFICATIONS AT 6488 SIERRA COURT
WHEREAS, William Moss, owner and operator of United Hands
Environmental Center, filed an application requesting Conditional Use
Permit and Site Development Review approval to allow the operation of
a recycling facility and food distribution center, to allow outdoor
storage, and to construct exterior modifications to the existing
improved site located at 6488 Sierra Court; and
WHEREAS, the Planning Commission did hold a public hearing on
said application on December 17, 1990 and January 22, 1991; and
WHEREAS, proper notice of said public hearing was given in all
respects as required by law; and
WHEREAS, the application has been reviewed in accordance with the
provisions of the California Environmental Quality Act (CEQA) and a
Negative Declaration has been adopted (Planning Commission Resolution
No. 91-008) for this project as it will have no significant effect on
the environment; and
WHEREAS, the Staff Report was submitted recommending that the
application be denied; and
WHEREAS, the Planning Commission did hear and consider all said
reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning
Commission does hereby find that:
A. The project is not in compliance with all provisions of
Section 8-95.0 through 8-95.8 Site Development Review of the
Zoning Ordinance.
B. The project is not consistent with Section 8-95.0, in that
the project will not promote orderly, attractive and
harmonious development, recognize environmental limitations
on development; stabilize land values and investments; and
promote the general welfare by preventing establishment of
uses or erection of structures having qualities which would
not meet the specific intent clauses or performance
standards set forth in the Zoning Ordinance and which are
not consistent with their environmental setting.
C. The approval of the application is not in the best interest
of the public health, safety and general welfare.
D. General site considerations regarding the proposed exterior
modifications, including site layout, vehicular access,
circulation and parking, setbacks, height, walls, public
safety and similar elements have not been designed to
provide a desirable environment for the development.
E. General 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 not been incorporated into the project in
order to insure compatibility of this development with its
design concept and the character of adjacent buildings and
uses.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does
hereby deny PA 90-081 United Hands Environmental Center Site
Development Review.
PASSED, APPROVED AND ADOPTED this 22nd day of January, 1991.
AYES: Commissioners Barnes, Burnham, Rafanelli and Zika
NOES: None
ABSENT: None
,„
Planning Commi Si Chairperson
ATTEST:
Planning Directo
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CITY OF DUBLIN
100 Civic Plaza (415) 833-6630
Dublin CA 94568
In order to assist applicants in the development of commercial/industrial property,
the City of Dublin Public Works Department has prepared the following list of
Conditions of Approval that have typically been used. This list should not be
considered all-inclusive.
This list should be used as a guide only.
Each application is analyzed separately and only Conditions that apply to a
specific application will be recommended as Conditions of Approval for that
application. Additional Conditions may be imposed as deemed necessary by the City.
Prior to the actual preparation of development plans, it is highly recommended that
Applicants meet with City Planning and Engineering Staff members to discuss Zoning
and Engineering design requirements, submittal requirements and processing
procedures.
TYPICAL PUBLIC WORKS CONDITIONS OF APPROVAL FOR COMMERCIAL/INDUSTRIAL
SITE DEVELOPMENT REVIEW OR CONDITIONAL USE PERMIT DEVELOPMENT
ARCHAEOLOGY:
1. If, during construction, archaeological remains are encountered, construction
in the vicinity shall be halted, an archaeologist consulted, and the City Planning
Department notified. If, in the opinion of the archaeologist, the remains are
significant, measures, as may be required by the Planning Director, shall be taken
to protect them.
CREEK:
2. Buildings shall be no closer than 20 feet from top of the bank along the
Creek, where the top of bank is either the existing break in topography, or a point
at the existing ground line which is the intersection of a line on a two-
horizontal-to-one-vertical slope begun at the toe of the slope in the Creek
(whichever is more restrictive.)
DRAINAGE:
3. Roof drains shall empty onto paved areas, concrete swales, or other approved
dissipating devices. Concentrated flows will not be allowed to flow over walkways.
4. A minimum of 12" diameter pipe shall be used for all public storm drains to
ease maintenance and reduce potential blockage.
5. Under-sidewalk drains shall be provided to allow on-site drainage to be tied
in, should the need arise.
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DEBRIS:
6. Measures shall be taken to contain all trash, construction debris, and
materials on-site until disposal off-site can be arranged. Developer shall be
responsible for corrective measures at no expense to City of Dublin.
DUST:
7. Areas undergoing grading, and all other construction activities, shall be
watered, or other dust-pallative measures may be used, to prevent dust, as
conditions warrant or as directed by the Public Works Official.
8. Dust control measures, as approved by the Public Works Director/City Engineer
shall be followed at all times during grading and construction operations.
EASEMENTS:
9. The developer shall acquire easements, and/or obtain rights-of-entry from the
adjacent property owners for improvements required outside of the development site.
Copies of the easements and/or rights-of-entry shall be in written form and be
furnished to the Public Works Director/City Engineer.
10. Existing and proposed access and utility easements shall be submitted for
review and approval by the Public Works Director/City Engineer prior to acceptance
of the development. These easements shall allow for practical vehicular and
utility service access for all lots.
EROSION:
11. Prior to any grading of the site, and in any case prior to issuance of a
grading permit, a detailed construction grading/erosion control plan (including
phasing); and a drainage, water quality, and erosion and sedimentation control plan
for the post-construction period, both prepared by the Project Civil Engineer
and/or Engineering Geologist, shall be approved by the Public Works Director/City
Engineer. Said plans shall include detailed design, location, and maintenance
criteria, of all erosion and sediment control measures. The post-construction plan
shall attempt to insure that no increase in sediment or pollutants from the site
will occur. The plan shall provide for long-term maintenance of all permanent
erosion and sediment control measures such as slope vegetation. The construction
grading/erosion control plan shall be implemented in place by October 15th and
shall be maintained in place until April 15th unless otherwise allowed in writing
by the Public Works Director/City Engineer. It shall be the developer's
responsibility to maintain the erosion and sediment control measures for the year
following acceptance of the development by the Public Works Director/City Engineer.
FEES AND/OR DEPOSITS
12. Fees and/or deposits will be required per the City of Dublin Public Works Fee
and Deposit schedules.
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Rev: 5/17/89
FIRE:
13. Install fire hydrants at the locations approved by the Dougherty Regional Fire
Authority in accordance with the standards in effect at the time of development. A
raised blue reflectorized traffic marker shall be epoxied to the center of the
paved street opposite each hydrant.
14. All materials and workmanship for fire hydrants, gated connections, and
appurtenances thereto, necessary to provide water supply for fire protection, must
be installed by the developer and conform to all requirements of the applicable
provisions of the Standard Specifications of Dublin San Ramon Services District and
Dougherty Regional Fire Authority. All such work will be subject to the joint
field inspection of the Public Works Director/City Engineer and Dublin San Ramon
Services District.
15. The development plans must be approved by the Dougherty Regional Fire
Authority as evidenced by their signature on the Title sheet.
FLOOD CONTROL:
16. Comply with Alameda County Flood Control District requirements.
17. In the 100-year Flood Hazard Zone, commercial buildings shall either provide
flood-proofing, or have their finished floor elevation above the 100-year flood
level.
FRONTAGE IMPROVEMENTS:
18. Dedication of land shall be made to the City of Dublin such that it conveys
land sufficient for the approved streets' right-of-way. Improvements shall be
made, by the applicant, along all streets within the development and as required
off-site, to include curb, gutter, sidewalk, paving, drainage, and work on the
existing paving, if necessary, from a structural or grade continuity standpoint.
FUTURE CONFORMANCE:
19. The design and improvements of the development shall be in conformance with
the design and improvements indicated graphically, or as modified by the Conditions
of Approval. The improvements and design shall include street locations, grades,
alignments, and widths, the design and storm drainage facilities inside and outside
the development property, grading of lots, the boundaries of the development
property, and shall show compliance with City standards for roadways.
GRADING:
20. The minimum uniform street gradient shall be 1.0 percent. Parking lots shall
have a minimum gradient of 1.0 percent, and a maximum gradient of 5.0 per cent. No
cut or fill slopes shall exceed 2:1, unless approved by the project's Soils
Engineer and reviewed and approved by the Public Works Director/City Engineer.
Slopes shall be graded so that there is both horizontal and vertical slope
variation, where visible from public areas, in order to create or maintain a
natural appearance.
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Rev: 5/17/89
21. Prior to final preparation of the subgrade and placement of base materials,
all underground utilities shall be installed and service connections stubbed out
behind the sidewalk. Public utilities, Cable TV, sanitary sewers, and water lines,
shall be installed in a manner which will not disturb the street pavement, curb,
gutter and sidewalk, when future service connections or extensions are made.
22. Grading shall be completed in compliance with the construction grading plans
and recommendations of the Project Soils Engineer and/or Engineering Geologist, and
the approved erosion and sedimentation control plan, and shall be done under the
supervision of the Project Soils Engineer and/or Engineering Geologist, who shall,
upon its completion, submit a declaration to the Public Works Director/City
Engineer that all work was done in accordance with the recommendations contained in
the soils and geologic investigation reports and the approved plans and
specifications.
23. Any grading on adjacent properties will require written approval of those
property owners affected.
24. The developer shall keep adjoining public streets free and clean of project
dirt, mud, materials, and debris during the construction period, as is found
necessary by the Public Works Official.
25. Where soil or geologic conditions encountered in grading operations are
different from that anticipated in the soil and geologic investigation report, or
where such conditions warrant changes to the recommendations contained in the
original soil investigation, a revised soil or geologic report shall be submitted
for approval by the Public Works Director/City Engineer. It shall be accompanied by
an engineering and geological opinion as to the safety of the site from hazards of
land slippage, erosion, settlement, and seismic activity.
HANDICAPPED ACCESS:
26. Handicapped ramps and parking shall be provided as required by State of
California Title 24.
IMPROVEMENTS:
27. An as-built landscaping plan prepared by the project Landscape Architect and a
declaration by the Project Landscape Architect that all work was done under his
supervision and in accordance with the recommendations contained in the landscape
and soil erosion and sedimentation control plans shall be submitted to the Public
Works Director/City Engineer.
28. Grading of the subject property must conform with the approved grading plan
and recommendations of the soils engineer to the satisfaction of the Public Works
Director/City Engineer.
29. The following shall have been submitted to the Public Works Director/City
Engineer :
a. An as-built grading plan prepared by a registered Civil Engineer, including
original ground surface elevations, as-graded ground surface elevations,
lot drainage, and locations of all surface and subsurface drainage
facilities.
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b. A complete record, including location and elevation of all field density
tests, and a summary of all field and laboratory tests.
c. A declaration by the Project Civil Engineer and Project Geologist that all
work was done in accordance with the recommendations contained in the soil
and geologic investigation reports and the approved plans and
specifications.
30. Prior to issuance of the encroachment permit, a cash bond or surety bond shall
be provided and approved by the Public Works Director/City Engineer to guarantee
the proper installation of public improvements.
31. Prior to relea
se of the bond posted on encroachment permit:
a. All improvements shall be installed as per the approved plans.
b. All required landscaping shall be installed and established.
SITE PLANS AND GRADING PLANS:
32. Obtain copies of and comply with conditions as noted on "City of Dublin
General Notes on Improvement Plans" and "City of Dublin Improvement Plan Review
Check List."
33. All improvements within the public right-of-way, including curb gutter,
sidewalks, driveways, paving, and utilities, must be constructed in accordance with
approved standards and/or plans and may be constructed only after an encroachment
permit has been issued.
34. Complete site plans and grading plans shall be submitted to, and be approved
by, the Public Works Director/City Engineer and other affected agencies having
jurisdiction over public improvements, prior to issuance of the grading or
encroachment permit. Plans shall show the existing and proposed improvements, both
on-site and along adjacent public street(s), and property that relate to the
proposed improvements.
MAINTENANCE OF COMMON AREA:
35. Maintenance of common areas, including ornamental landscaping, graded slopes,
erosion control plantings and drainage, erosion and sediment control improvements,
shall be the responsibility of the developer during construction stages and until
final improvements are accepted by the City Council and the securities are released
(one year after improvements are accepted). Thereafter, maintenance shall be the
responsibility of a property owners' association or individual property owners,
depending upon how maintenance is to be handled.
MISCELLANEOUS:
36. Copies of the plans indicating all public improvements shall be submitted at
1"— 400-ft. scale, and 1"— 200-ft. scale for City mapping purposes.
37. The developer shall be responsible for controlling any rodent, mosquito, or
other pest problem due to construction activities.
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NOISE:
38. Construction and grading operations shall be limited to weekdays (Monday
through Friday) and the hours from 7:30 a.m. to 5:30 p.m., except as approved in
writing by the Public Works Director/City Engineer.
PERMITS:
39. Commercial/industrial property within the City of Dublin generally requires a
grading and/or encroachment permit. A grading permit is required to review and
inspect onsite improvements, typically involving but not limited to grading,
drainage, and public access. An encroachment permit is required for all work done
in the public right-of-way.
PUBLIC IMPROVEMENTS:
40. Any relocation of improvements or public facilities shall be accomplished at
no expense to the City.
STREETS:
41. The street surfacing shall be asphalt concrete paving. The Public Works
Director/City Engineer shall review the project's Soils Engineer's structural
pavement design. The subdivider shall, at his sole expense, make tests of the soil
over which the surfacing and base is to be constructed and furnish the test reports
to the Public Works Director/City Engineer. The Developer's soils engineer shall
determine a preliminary structural design of the road bed. After rough grading has
been completed, the developer shall have soil tests performed to determine the
final design of the road bed. In lieu of these soil tests, the road may be
designed and constructed based on an R-value of 5.
42. An encroachment permit shall be secured from the Public Works Director/City
Engineer for any work done within the public right-of-way.
STREET LIGHTS:
43. Install street light standards and luminaries of the design, spacing, and
locations, approved by the Public Works Director/City Engineer and P.G.& E.
STREET TREES:
44. Street trees, of at least a 15-gallon size, shall be planted along the street
frontages. Trees shall be planted in accordance with a planting plan, including
tree varieties and locations, approved by the Public Works Director/City Engineer.
Trees planted within, or adjacent to, sidewalks shall be provided with root
shields.
WATER:
45. Water facilities must be connected to the DSRSD system, and must be installed
at the expense of the developer, in accordance with District standards and
specifications. All material and workmanship for water mains, and appurtenances
thereto, must conform with all of the requirements of the officially adopted Water
Code of the District and will be subject to field inspection by the District.
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Rev: 5/17/89
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46. Any water well, cathodic protection well, or exploratory boring shown on the
map, that is known to exist, is proposed, or is located during the course of field
operations, must be properly destroyed, backfilled, or maintained in accordance
with applicable groundwater protection ordinances. Zone 7 should be contacted (at
443-9300) for additional information.
ZONING:
47. Comply with all zoning provisions, including Zoning Ordinance and rezoning
Conditions of Approval.
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Rev: 5/17/89