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HomeMy WebLinkAbout04-09-2013 - AgendaPlanning Commission Regular Meeting City of Dublin April 9, 2013 City Council Chambers 7:00 P.M. 100 Civic Plaza 1. CALL TO ORDER & ROLL CALL 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ADDITIONS OR REVISIONS TO THE AGENDA 4. MINUTES OF PREVIOUS MEETINGS – March 26, 2013 5. ORAL COMMUNICATION - At this time, members of the public may address the Planning Commission on any non-agendized item(s) of interest to the public. In accordance with State Law, no action or discussion may take place on any item not appearing on the Planning Commission agenda. The Planning Commission may respond briefly to statements made or questions posed, or may request Staff to report back at a future meeting concerning the matter. Any member of the public may contact the Assistant Community Development Director regarding proper procedure to place an item on a future Planning Commission agenda. 6. CONSENT CALENDAR 7. WRITTEN COMMUNICATIONS 8. PUBLIC HEARINGS 8.1 PLPA-2012-00057 Fiat Dealership - Site Development Review & Conditional Use Permit, for a new 13,130 square-foot auto dealership and service building, and to allow the Fiat dealership to operate Automobile/Vehicle Sales and Services use type and a Conditional Use Permit to amend the PD for the GM Auto Mall to transfer available square footage from Parcel C (Chevrolet/Cadillac) of the GM Auto Mall to Parcel B (Kia/Fiat). 8.2 PLPA-2013-00001 Savers Thrift Superstore Site Development Review and Conditional Use Permit for exterior modifications to a portion of an existing retail building and a Conditional Use Permit for the operation of a Recycling Facility (Donation Center) at 7117 Regional Street. 8.3 PLPA-2012-00016 Valero Service Station Mini-Mart expansion and drive-through carwash Conditional Use Permit and Site Development Review. 9. NEW OR UNFINISHED BUSINESS 10. OTHER BUSINESS: Brief INFORMATION ONLY reports from the Planning Commission and/or Staff, including Committee Reports and Reports by the Planning Commission related to meetings attended at City Expense (AB 1234). 11. ADJOURNMENT This AGENDA is posted in accordance with Government Code Section 54954.2(a) and Government Code Section 54957.5 If requested, pursuant to Government Code Section 54953.2, this agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12132), and the federal rules and regulations adopted in implementation thereof. To make a request for disability-related modification or accommodation, please contact the City Clerk’s Office (925) 833-6650 at least 72 hours in advance of the meeting. A complete packet of information containing Staff Reports (Agenda Statements) and exhibits related to each item is available for public review at least 72 hours prior to a Planning Commission Meeting or, in the event that it is delivered to the Commission members less than 72 hours prior to a Planning Commission Meeting, as soon as it is so delivered. The packet is available in the Community Development Department. (OVER FOR PROCEDURE SUMMARY) f STAFF REPORT 1. 82 PLANNING COMMISSION O�LIFOR��� DATE: April 9, 2013 TO: Planning Commission SUBJECT: PUBLIC HEARING — PLPA-2012-00057 Fiat Dealership Site Development Review & Conditional Use Permit Report prepared by Martha Aja, Environmental Coordinator EXECUTIVE SUMMARY: The Planning Commission will consider an application request for a Site Development Review Permit to allow the construction of a 13,130 square-foot auto dealership and service building with related site improvements at 4300 John Monego Court. The project would be located on the same site as the Kia dealership. The application also includes a Conditional Use Permit to amend the Development Plan for the General Motors Auto Mall to transfer available development capacity (square footage) from Parcel C (Chevrolet/Cadillac) to Parcels A & B and a Conditional Use Permit to allow an Automobile/Vehicle Sales and Service facility (Fiat Dealership) to operate on the site. RECOMMENDATION: Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the public hearing; 3) Take testimony from the Applicant and the public; 4) Close the public hearing and deliberate; 5) Adopt a Resolution approving a request for a Conditional Use Permit to amend the Planned Development Zoning District to transfer development capacity from Parcel C to Parcels A & B of the General Motors Auto Mall; 6) Adopt a Resolution approving a request for a Conditional Use Permit to operate an Automobile/Vehicle Sales and Service Facility (Fiat Dealership) at 4300 John Monego Court; and 7) Adopt a Resolution approving a Site Development Review Permit for the Fiat Dealership located at 4300 John Monego Court. Submitted By Reviewed By Environmental Coordinator Assistant Community Development Director COPIES TO: File Property Owner ITEM NO.: Flo Page 1 of 8 GAPAM20121PLPA-2012-00057 Dublin FiatlPlanning Commission 4.9.131PC Staff Report 4.9.13.doc DESCRIPTION: Vicinitv Map Parcel A Project Location The proposed Fiat Dealership will be located at 4300 John Monego Court. This site has a General Plan and Eastern Dublin Specific Plan land use designation of General Commercial. Project Site, Parcel B The project site is zoned PD, Planned Development. Automobile sales and service is permitted in the PD district with approval of a Conditional Use Permit. Surrounding Uses The location of the proposed Fiat Dealership site is shown on the vicinity map to the left. Existing automobile dealerships are located to the north Parcel C and south of the project site. The Tassajara Creek is located to the west and the Dublin Corporate Center is t ;« located to the east. Project History In 1998 the City Council approved a Planned Development (PD) Zoning District for the entire General Motors Auto Mall site, which is comprised of three (3) parcels (Parcels A, B, and C) on nearly 13.5 acres. The PD allowed development of up to 120,902 square feet of building area across the three parcels. In 2000, the City Council approved an amendment to the PD that realigned the three parcels and reassigned building densities. There was no net change in the allowable building area for the GM Auto Mall, just some adjustments to the amount of development that takes place on each parcel. In 2003, the Planning Commission approved a Conditional Use Permit to amend the Development Plan to again transfer densities across Parcels A, B and C. The PD amendment allowed a maximum of 23,108 square feet of development on Parcel B. The Planning Commission also approved a Site Development Review Permit to allow the expansion of the Dublin Buick Pontiac GMC dealership and construction of a 23,108 square foot building on Parcel B (PA 03-053). The Site Development Review Permit expired and property owners did not proceed with the expansion of Dublin Buick Pontiac GMC. In 2005, the Planning Commission approved a Conditional Use Permit and Lot Line Adjustment (PA 04-041) to amend the Planned Development to modify the size of parcels A, B, and C in the General Motors Auto Mall Development Plan. As a result of this amendment, the subject site (Parcel B) became 3.79 acres. 2of8 On October 11, 2011, the Planning Commission approved a Site Development Review Permit and Conditional Use Permit to allow construction and operation of a 13,720 square foot automobile dealership (Kia) on Parcel B located at 4300 John Monego Court. Construction of the Kia Dealership has been completed and the dealership is open for business. Project Description The Applicant is currently requesting approval of a Conditional Use Permit to amend the PD for the General Motors Auto Mall to transfer available square footage from Parcel C to Parcels A & B and to allow an AutomobileNehicle Sales and Service facility (Fiat Dealership) to operate on the site. The Applicant is also requesting approval of a Site Development Review Permit to construct a 13,130 square foot automobile dealership located on Parcel B at 4300 John Monego Court (Parcel B). The dealership includes showroom, parts storage, lobby, sales offices, outdoor display and a service facility with 7 automobile bays. ANALYSIS: The following is a discussion of the proposed project. Site Development Review Permit The Zoning Ordinance requires Site Development Review for all new principal structures, including structures in a Planned Development Zoning District. Approval of Site Development Review is subject to findings related to compliance with General Plan policies, impacts to general safety and welfare, site layout, impacts to views, impacts to topography, architectural considerations and landscape considerations. Site Layout The proposed Fiat dealership will be located on the same site as the existing Kia dealership. The existing site will be modified to accommodate the new dealership buildings. The existing Kia dealership building is located in the southeastern portion of the project site. The Fiat dealership building will be located immediately to the north of the Kia building. Access to the site is provided from two existing driveways on John Monego Court, which also provide access to the adjacent Kia dealership. There are two existing vehicular access points on the northern and southern portions of the site, which connect the project site to the dealerships that are located to the north and south. Existing tandem vehicle display parking exists along the frontage to John Monego Court. The vehicle display area is separated from the sidewalk by ten feet of landscape area. These spaces are for display vehicles and are not be used by customers. The Applicant proposes an outdoor showroom area for the Fiat dealership adjacent to the east elevation of the building (Exhibit A of Attachment 3, Sheet S-1). The western portion of the site will continue to be used primarily for vehicle inventory (Exhibit A of Attachment 3, Sheet A.1). There is an existing 6 foot tall black chain link fence in the western portion of the site. The purpose of the fence is to prevent customers from accessing the inventory lot. Customer parking stalls will be provided in front of the Fiat showroom building. The Applicant is proposing to locate the employee parking just south of the Fiat showroom adjacent to the existing Kia showroom and behind the Fiat building adjacent to the service area. In-service parking stalls are proposed west of the service bays. The in-service parking stalls will be utilized by the service department as a designated area to store cars that have already been serviced 3 of 8 and have not yet been picked up, in addition to cars that are waiting to be serviced. An analysis of the parking requirements for the dealership is provided in the parking section below. As required by Provision C.3 of the new Municipal Regional Permit, all stormwater runoff is required to be treated on-site. To achieve this, the project site includes bioretention planters along the southern and western property boundaries. The bioretention planters were installed during the construction of the Kia Dealership building. These bioretention planters have been incorporated into the overall landscape design (Exhibit A of Attachment 3, Sheet L-1). The applicant is not proposing any modifications to these existing improvements. Additionally, permeable pavers are being proposed along the northern property boundary. Parking Parking requirements for the proposed dealership are regulated by the City of Dublin Zoning Ordinance (Section 8.76.080.D). Since there is an existing car dealership on the site, the required number of parking for the site includes the existing Kia dealership and the proposed Fiat dealership. The parking requirements for the project are the sum of the different uses. The following tables illustrate the number of parking stalls that are required to support the proposed facility. Table 1: Required Parking (Existing Kia) Use Parking Requirement Total Area Required Number of Parking Stalls Indoor/Outdoor Display 1 per 1,000 sq. ft. 6,700 sq. ft. 7 Service Area 1 per 400 sq. ft. plus 3,190 sq. ft. and 8 16 one per service bay service bays Office 1 per 250 square feet 2,560 sq. ft. 10 Total Stalls Required 33 Table 2: Required Parking (Fiat) Use Parking Requirement Total Area Required Number of Parking Stalls Indoor/Outdoor Display 1 per 1,000 sq. ft. 7,000 sq. ft. 7 Service Area 1 per 400 sq. ft. plus 4,600 sq. ft. and 7 19 one per service bay service bays Office 1 per 250 square feet 2,100 sq. ft. 8 Total Stalls Required 34 As shown on the above Tables, a combined total of 67 parking stalls (33 + 34 = 67) are required by the Zoning Ordinance. The Applicant is proposing to provide 217 parking stalls on the site, which does not include the cars on the display pad in front of the building. Of these stalls, 72 parking stalls will be designated for employees, visitors and service vehicles. The remaining spaces will be used for display and inventory parking. The Conditional Use Permit for the site requires that the parking stalls be labeled for disabled, employees and visitors. This will ensure that these parking spaces are dedicated for use by employees and visitors and will not be used for vehicle storage. Architecture Overall, the proposed building design is modern, with metal accents and simple lines consistent with the adjacent Kia dealership building. The building will feature a variety of materials. These materials include concrete masonry block, fiber cement panels, aluminum panels, and storefront glass. The building will be a maximum of 26 feet in height. A color and material board will be 4of8 available for review during the Planning Commission meeting. The colored elevations are included as Attachment 4. The main entrance to the building faces east and is oriented towards John Monego Court. This elevation has extensive storefront glass. The east elevation will be set back more than 100 feet from the property line. Although visible on this elevation, the car delivery is set back from the main wall of the elevation. This elevation includes red aluminum panel accents. The north elevation includes glass storefront, fiber cement panel and dark grey concrete block. The north elevation features the service reception and also has one roll-up door which provides access to the service area. The north and south elevations face the adjacent dealerships. These elevations have limited visibility from the public right-of-way and serve a more functional purpose for the dealership. The west elevation faces Tassajara Creek and is not visible from the public right-of-way. This elevation consists of the dark grey concrete block. Landscaping The existing Landscaping was approved by the Planning Commission for the Kia dealership SDR. These improvements were installed when the Kia dealership building was constructed. The existing landscaping is consistent with the landscaping that has been approved for the adjacent dealerships. There are an existing 13 trees along the frontage to John Monego Court (Exhibit A of Attachment 3, Sheet L-1). The existing street trees and site trees match the dealerships on either side. There is limited tree planting in the inventory parking lot as is typical of other dealerships in the City. There are bioretention planters along southern and western property boundaries. The bioretention planters include "no mow fescue" which matches the use of it on the dealership to the south. The landscaping meets the requirements of the Zoning Ordinance. The applicant proposes to modify the landscaping on the northern boundary by replacing the existing no mow fescue with permeable pavers. The pavers are being proposed to provide more room in the drive isle. The pavers are permeable which allow water to infiltrate into the ground. Conditional Use Permit The proposed Project is located in a Planned Development Zoning District. Automobile sales and services are permitted with the approval of a Conditional Use Permit. The Conditional Use Permit is used to ensure compatibility with surrounding land uses. The proposed dealership is surrounded by auto dealerships to the north and south, an office complex to the east and a stream corridor to the west. There is a limited potential for impacts to the surrounding land uses. The Service Department is located on the west elevation of the building. The service bays are located on the west elevation, which faces the stream corridor. The service bays are not visible from public view. Condition of Approval No. 13 prohibits service work or repair from occurring outdoors. The sales portion of the dealership is anticipated to be open seven days a week from 9:00 am to 8:00 pm Monday-Saturday and from 10:00 am to 7:00 pm on Sundays. The service department is anticipated to operate Monday through Saturday from 7:00 am to 6:00 pm. The proposed hours are consistent with the Kia Dealership. Conditions of Approval have been included in the Conditional Use Permit to ensure that the operation of this facility is compatible with the surrounding area. Condition of Approval No. 15 requires all vehicle deliveries to be on-site. No deliveries or loading/unloading is permitted on 5 of 8 John Monego Court. Condition of Approval No. 11 prohibits amplified sounds, loudspeakers or music outside the building. The Conditions of Approval can be found on pages 3-6 of the Resolution included as Attachment 2. Conditional Use Permit The proposed project includes a request to amend the PD for the General Motors Auto Mall to transfer allowable development from Parcel C (Chevy/Cadillac) to Parcels A & B. The existing PD for the GM Automall allows a total of 120,902 square feet of development across 3 parcels. The Development Plan for the General Motors Auto Mall currently allows for Parcel A & B: 48,753 square feet building area Parcel C: 72,149 square feet building area Total: 120,902 square feet of building area The table below illustrates the existing and proposed development on each of the three parcels. As shown in the table below, the total proposed development on Parcels A & B exceeds what is allowed in the PD Zoning by 3,742 square feet. To allow for potential modifications during final building design the applicant is requesting to transfer 5,000 square feet from Parcel C to Parcels A & B. Table 3: General Motors Auto Mall Existing & Proposed Development Parcel Existing Proposed Total Development Development Development Development Allowed by PD Zoning Parcel A 25,645 SF N/A (Buick/GMC) 52,495 48,753 Parcel B 13,720 SF (Kia) 13,130 (Fiat) (Kia/Fiat) Parcel C 40,115 SF N/A 40,115 SF 72,149 (Chevy/Cadilalc) The proposed amendment to the Development Plan includes: Section 5 of the Development Plan shall be revised to read: Parcel A & B: 53,753 square feet building area Parcel C: 67,149 square feet building area Total: 120,902 square feet of building area The Planning Commission may approve minor amendments to PD zoning by means of a Conditional Use Permit if it can be found that the amendment substantially complies with and does not materially change the provisions or intent of the Planned Development Zoning Ordinance for the site. Because the proposed amendment does not change the overall density or intensity of development on the site, but simply moves the density around within the greater General Motors Auto Mall project area, Staff believes that the provisions and intent of the Zoning Ordinance are unaffected by the proposed amendment. 6 of 8 CONSISTENCY WITH THE GENERAL PLAN AND ZONING ORDINANCE: Auto uses are consistent with the site's General Commercial General Plan land use designation. The addition of the Fiat dealership to the General Motors Auto Mall will allow for freeway visibility as recommended in the General Plan. Additionally, the proposed project is consistent with the Community Design and Sustainability Element in that the project includes a variety of materials which will create dimension and visual interest. Auto uses are conditionally permitted in the PD zoning district. The PD also includes development capacity within the three parcels of the General Motors Auto Mall. The project is consistent with the PD Zoning with approval of a Conditional Use Permit to allow operation of an auto dealership and transfer of development capacity from Parcel C to Parcel A & B. NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with State law, a Public Notice was mailed to all property owners and occupants within 300 feet of the proposed Project. A Public Notice was also published in the Valley Times and posted at several locations throughout the City. To date, the City has received no objections from surrounding property owners regarding the Project. ENVIRONMENTAL REVIEW: The Eastern Dublin Specific Plan/General Plan Amendment Program EIR was approved by the City Council in 1993. An Initial Study, dated June 30, 1998, was prepared for the greater General Motors Auto Mall project to determine whether there would be additional environmental impacts occurring as a result of this project beyond or different from those already addressed in the Program EIR. The Initial Study resulted in the conclusion that no additional significant impacts are expected and no new mitigation measures were needed for site-specific environmental effects. Staff recommends that this project be found within the scope of the Program EIR and further environmental analysis is unnecessary. ATTACHMENTS: 1) Resolution approving a Conditional Use Permit to amend the PD for the General Motors Auto Mall to transfer square footage from Parcel C to Parcels A & B. 2) Resolution approving a Conditional Use Permit to operate an Automobile/Vehicle Sales and Service Facility (Fiat Dealership) at 4300 John Monego Court in the PD (Planned Development) Zoning District. 3) Resolution approving a Site Development Review Permit for the Fiat Dealership located at 4300 John Monego Court, with the project plans attached as Exhibit A. 4) Colored Elevations. 7of8 GENERAL INFORMATION: PROPERTY OWNER/: Inder Dosanjh, APPLICANT Dublin Real Estate, LLC 4200 John Monego Court Dublin, CA 94568 LOCATION: 4300 John Monego Court GENERALPLAN LAND USE DESIGNATION: General Commercial ZONING: Planned Development SURROUNDING USES: Location Zoning General Plan Land Use Current Use of Property Site Planned Development General Commercial Kia Dealership (PD) North PD General Commercial GMC/Buick Dealership South PD General Commercial Chevrolet/Cadillac Dealership East PD Stream Corridor Tassajara Creek West PD Campus Office Koll Center 8of8 RESOLUTION NO. 13-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT TO AMEND THE PLANNED DEVELOPMENT ZONING DISTRICT TO TRANSFER DEVELOPMENT CAPACITY FROM PARCEL C TO PARCELS A & B OF THE GENERAL MOTORS AUTO MALL PLPA-2012-00057 WHEREAS, the Applicant, Inder Dosanjh, has requested approval of a Conditional Use Permit to amend the Planned Development zoning for the General Motors Auto Mall to transfer 5,000 square feet from Parcel C to Parcels A & B; and WHEREAS, in 1998, the City Council approved a Planned Development Zoning District which allows up to 120,902 square feet of development on the entire General Motors Auto Mall site, which is comprised of three parcels (Parcels A, B & C); and WHEREAS, in 2000, the City Council approved an amendment to the Planned Development that realigned the three parcels and reassigned building densities; and WHEREAS, in 2003, the Planning Commission approved a Conditional Use Permit to amend the Development Plan to again transfer densities across Parcels A, B and C. WHEREAS, in 2005, the Planning Commission approved a Conditional Use Permit and Lot Line Adjustment to amend the Planned Development to modify the size of the parcels in the General Motors Auto Mall; and WHEREAS, in 2011, the Planning Commission approved a Site Development Review Permit and Conditional Use Permit to allow construction and operation of a 13,720 square foot automobile dealership on Parcel B; and WHEREAS, a complete application to amend the Planned Development to transfer development capacity from Parcel C to Parcels A & B was submitted and is available and on file in the Department of Community Development; and WHEREAS, the proposal is consistent with the overall intent of the General Motors Auto Mall because it does not change the overall intensity of development on the site, but simply moves the density around within the greater General Motors Auto Mall; and WHEREAS, the Stage 1 and Stage 2 Development Plan established the allowable development for the project site; and WHEREAS, in accordance with Chapter 8.32.080 of the Zoning Ordinance, the Planning Commission may approve a Minor Amendment of an adopted development plan by means of a Conditional Use Permit upon a finding that the amendment substantially complies with and does not materially change the provisions or intent of the adopted Planned Development Zoning District Ordinance for the site; and ATTACHMENT 1 WHEREAS, the California Environmental Quality Act (CEQA), together with State guidelines and City environmental regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, the proposed project is an anticipated component of the larger General Motors Auto Mall project. The General Motors Auto Mall was previously determined to be within the scope of the Eastern Dublin Specific Plan and General Plan Amendment, for which a Program EIR was certified (SCH 91103064); therefore, the proposed project is within the scope of the Program and EIR and no further environmental analysis is required; and WHEREAS, the Planning Commission did hold a public hearing on said application on April 9, 2013, for this project; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted recommending that the Planning Commission approve the Conditional Use Permit; and WHEREAS, the Planning Commission did hear and use independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Dublin does hereby make the following findings and determinations regarding the proposed Conditional Use Permit: A. The proposed amendment substantially complies with and does not materially change the provisions and intent of the adopted Planned Development Zoning District Ordinance and/or Site Development Review approvals for the General Motors Auto Mall and is compatible with other land uses, transportation and services facilities in the vicinity because: the proposed modification does not change the overall density or intensity of development on the site, but moves the density around within the greater General Motors Auto Mall project area. B. The proposed amendment 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: the proposed modification does not increase the development capacity for the overall General Motors Auto Mall and is consistent with the intent of the Development Plan for the site. C. The proposed amendment will not be injurious to property or improvements in the area because: the amendment does not increase the anticipated development capacity for the overall General Motors Auto Mall. D. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use and related structures would not be detrimental to the public health, safety, and welfare because: 1) the amendment does not increase the development capacity of the General Motors Auto Mall; and 2) 2 the utilities and infrastructure were designed to accommodate this development capacity. E. The subject site is physically suitable for the proposed modifications because: the proposed modification would not create any change to the development capacity of the General Motors Auto Mall. F. The proposed amendment will not be contrary to development regulations or performance standards for the site because: the proposed modification will facilitate the construction of a new car dealership (Fiat) on Parcel B, which is a conditionally permitted use that is compatible with the surrounding uses. G. The proposed amendment is consistent with the Dublin General Plan, Eastern Dublin Specific Plan, and purpose and intent of the Dublin Zoning Ordinance because: 1) Auto sales and service is consistent with the General Plan land use designation of General Commercial; 2) the proposal does not increase development capacity for the General Motors Auto Mall; and 3) the General Plan allows for an Floor Area Ratio (FAR) of up to 0.60 for General Commercial land uses and the FAR of the General Motors Auto Mall is below the allowed FAR. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made part of this resolution. BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin does hereby approve this amendment to the Planned Development Zoning and Stage 2 Development Plan for the General Motors Auto Mall and transfers 5,000 square feet of development capacity from Parcel C to Parcels A & B. PASSED, APPROVED AND ADOPTED this 9th day of April, 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commissioner Chair ATTEST: Assistant Community Development Director G:TA412012TLPA-2012-00057 Dublin FiatTlanning Commission 4.9.13TC CUP Reso.PD amendment.doc 3 RESOLUTION NO. 13-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE AN AUTOMOBILENEHICLE SALES AND SERVICE FACILITY (FIAT DEALERSHIP) AT 4300 JOHN MONEGO COURT PLPA-2012-00057 WHEREAS, the Applicant, Inder Dosanjh, has requested approval of a Conditional Use Permit to operate a vehicle sales and service facility, in the PD (Planned Development) Zoning District at 4300 John Monego Court; and WHEREAS, the Applicant has also requested approval of a Site Development Review Permit to construct an 13,130 square foot dealership building which includes offices, a showroom and a service facility and related improvements; and WHEREAS, a complete application for the above noted entitlement request is available and on file in the Community Development Department; and WHEREAS, the Applicant has submitted Project Plans dated received January 17, 2013; and WHEREAS, the California Environmental Quality Act (CEQA), together with State guidelines and City environmental regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, the proposed project is an anticipated component of the larger General Motors Auto Mall project. The General Motors Auto Mall was previously determined to be within the scope of the Eastern Dublin Specific Plan and General Plan Amendment, for which a Program EIR was certified (SCH 91103064); therefore, the proposed project is within the scope of the Program and EIR and no further environmental analysis is required; and WHEREAS, the Planning Commission is the reviewing body for a Conditional Use Permit request to operate an Automobile/Vehicles Sales and Service facility in the PD, Planned Development, Zoning District; and WHEREAS, a Staff Report was submitted outlining the request and recommending approval of the Conditional Use Permit; and WHEREAS the Planning Commission held a properly noticed public hearing on said application on April 9, 2013; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used independent judgment to make a decision; and ATTACHMENT 2 WHEREAS, the Planning Commission has found that the proposed Project is appropriate for the subject site. NOW, THEREFORE, BE IT RESOLVED THAT the City of Dublin Planning Commission does hereby make the following findings and determinations.. A. The proposed use and related structures are compatible with other land uses, transportation and service facilities in the vicinity because: 1) the proposed location of the project is within the General Motors Auto Mall which has a wide variety of automobile related uses; 2) pursuant to the Planned Development Plan for the General Motors Auto Mall, AutomobileNehicle Sales and Service facilities are permitted in the PD (Planned Development) Zoning District with a Conditional Use Permit; 3) the service facility will be located within the 13,130 square foot building and no service work will be conducted outside; and 4) the proposed use, as conditioned, will be compatible with surrounding uses. B. The proposed use, as conditioned, will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare and will not be injurious to property or improvements in the neighborhood because. 1) the proposed use is adequately conditioned to ensure that the operation has no recognizable negative impacts to the existing uses in the area; and 2) the proposed Facility will comply with all of the City of Dublin regulations. C. The proposed use will not be injurious to property or improvements in the neighborhood because: 1) the proposed project will comply with all City of Dublin regulations; and 2) Conditions of Approval have been included to ensure that the use is compatible with the surrounding neighborhood. D. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use and related structures would not be detrimental to the public health, safety, and welfare because: 1) the service facility will be operated completely within a building that will be serviced by all appropriate utilities and infrastructure; and 2) the area was designed to accommodate automobile uses, and the proposed use fits in with the intended uses of the area. E. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed because: 1) access to the site will be located from John Monego Court, which is an existing roadway; 2) the facility will be located in an area which was designed to support a variety of auto related uses; 3) the proposed use is allowed pursuant to an approved Conditional Use Permit; and 4) vehicles will be displayed on the site in an orderly fashion. F. The proposed use will not be contrary to the specific intent clauses, development regulations, and performance standards established for the PD, Planned Development, Zoning District because: 1) the proposed use is a Conditional Use in the PD (Planned Development) Zoning District and is permitted when the required findings as stated in Section 8.100.060 of the Dublin Zoning Ordinance can be made; 2) Conditions of Approval have been applied to the Project to ensure on-going compatibility with surrounding uses; 3) Section 8.76.080.D outlines the parking requirements for use types; 4) a total of 72 on-site parking stalls will be provided for employees and visitors in accordance with the requirements of the Zoning Ordinance; 5) the Facility is compatible with the existing uses 2 of 6 found in the General Motors Auto Mall and therefore meets the requirements of the Dublin Zoning Ordinance; and 6) the proposed dealership will provide a use that meets the needs of the residents as well as the region and provides expanded automobile services in the City. G. The approval of this Conditional Use Permit is consistent with the Dublin General Plan because: 1) the proposed use is permitted with a Conditional Use Permit and meets the intentions of the Zoning District in which it is located; and 2) the proposed Project will result in improvements to the site which will provide a service to the community that is consistent with the intent of the General Commercial General Plan Land Use designation. BE IT FURTHER RESOLVED THAT the City of Dublin Planning Commission does hereby conditionally approve PLPA-2012-00057 Fiat Dealership Conditional Use Permit to operate a AutomobileNehicle Sales and Service facility located at 4300 John Monego Court. The project approval shall be subject to compliance with the following Conditions of Approval for said Conditional Use Permit: CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use, and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the Conditions of Approval: [PL] Planning, [B] Building, [PO] Police, [PW] Public Works [ADM] Administration/City Attorney, [FIN] Finance, [F] Alameda County Fire Department, [DSRSD] Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health. NO. CONDITIONS OF APPROVAL Agency When Source 9 Y Required PLANNING 1. Approval. This Conditional Use Permit approval for PL On-going Standard PLPA-2012-00057 is to allow the operation of vehicles sales and service (Fiat Dealership) located at 4300 John Monego Court. This approval shall generally conform to the project plans received by the Planning Division on January 17, 2013 unless modified by the Conditions of Approval contained herein. 2. Permit Expiration. Approval of this Conditional Use PL One year DMC Permit shall be valid for one year from the effective date. from date of This approval shall be null and void in the event the approval 8.96.020.D approved use fails to be established within one year. Commencement of the use means the establishment of use pursuant to the Permit approval or, demonstrating substantial progress toward commencing such use. If there is a dispute as to whether the Permit has expired, the City may hold a noticed public hearing to determine the matter. Such a determination may be processed concurrently with revocation proceedings in appropriate circumstances. If a Permit expires, a new application must be made and processed according to the requirements of this Ordinance. 3 of 6 NO. CONDITIONS OF APPROVAL Agency When Source 9 Y Required 3. Time Extension. The original approving decision- PL Prior to DMC maker may, upon the Applicant's written request for an Expiration extension of approval prior to expiration, upon the Date 8.96.020.E determination that all Conditions of Approval remain adequate and all applicable findings of approval will continue to be met, grant an extension of the approval for a period not to exceed six (6) months. All time extension requests shall be noticed and a public hearing shall be held before the original hearing body. 4. Compliance. The Applicant/Property Owner shall PL On-going Standard operate this use in compliance with the Conditions of Approval of this Conditional Use Permit, the approved plans and the regulations established in the Zoning Ordinance. Any violation of the terms or conditions specified may be subject to enforcement action. 5. Revocation of Permit. This Conditional Use Permit PL On-going DMC approval shall be revocable for cause in accordance with Section 8.96.020.1 of the Dublin Zoning Ordinance. Any 8.96.020.1 violation of the terms or conditions of this permit shall be subject to citation. 6. Null and Void. This approval shall become null and PL On-going Planning void in the event that the approved use has ceased or was suspended for 12 or more consecutive months after the use commences. 7. Annual Review. On an annual basis, the Conditional PL On-going Planning Use Permit approval may be subject to review by the Community Development Director to determine compliance with the Conditions of Approval. 8. Minor Amendments. Modifications or changes to this PL On-going Standard Conditional Use Permit approval may be considered and approved by the Community Development Director, if the propose modifications or changes comply with Section 8.100.080 of the Zoning Ordinance. 9. Hold Harmless. The Applicant/Developer shall defend, PL On-going Standard indemnify, and hold harmless the City of Dublin and its agents, officers, and employees from any claim, action, or proceeding against the City and its agents, officers, or employees to attack, set aside, or annul an approval of the City of Dublin or its advisory agency, Planning Commission, City Council, Director of Community Development, Zoning Administrator, or any other department, committee, or agency of the City of the site development review; provided, however, that the Applicant/Developer's duty to defend, indemnify, and hold harmless under this provision shall be subject to the City's promptly notifying the Applicant/Developer of any said claim, action, or proceeding and the City's 4 of 6 NO. CONDITIONS OF APPROVAL Agency When Source g y Required cooperation in the defense of such actions or proceedings. 10. Fees. The Applicant shall pay all applicable fees in PL On-going Standard effect at the time of building permit issuance, including, but not limited to, Planning Fees, Building Fees, Dublin San Ramon Service District fees, Public Facilities fees, Tri Valley Transportation fees, Downtown Traffic Impact Fee, Dublin Unified School District impact fees, City of Dublin Fire Bureau fees, Noise Mitigation fees, Inclusionary Housing in lieu fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water connection fees. When and if applicable and customary, credits shall be applied for existing improvements. PLANNING DIVISION — PROJECT SPECIFIC 11. Noise/Nuisance. The Applicant shall control all PL On-going Planning business activity so as not to create a public or private nuisance to the existing and surrounding businesses and residents. No amplified sounds, loudspeakers or music shall be permitted outside the building. 12. Clean-up. The operators of the dealership are PL On-going CUP responsible for picking up all trash associated with the use several times per day throughout the parking lot and street. 13. Services. No service work or repairs shall be conducted PL On-going Planning outdoors. 14. Inventory Vehicle Storage and Parking. No vehicles, PL On-going Planning other than vehicles for sale, shall be stored on the premises on a regular basis. Campers, trucks or recreational vehicles may not be stored outside. No vehicle shall be parked in any fire lanes and must be located in designated parking stalls. 15. Vehicle Deliveries. All vehicle deliveries shall be PL On-going Planning located on-site. 16. Vehicle Displays. Vehicles shall be displayed in the PL On-going Planning vehicle display areas shown on the approved site plans. Any additional vehicle display areas are subject to review and approval by the Community Development Director. 17. Parking Requirements. The Applicant shall provide PL On-going Planning parking as shown in the project plans. All parking spaces shall be striped according to the requirements of the City of Dublin Zoning Ordinance, except in certain areas of the site otherwise reflected on the site plans 5 of 6 NO. CONDITIONS OF APPROVAL Agency When Source g y Required included with this approval. Disabled, visitor, employee, and compact parking spaces shall be appropriately identified on the pavement. 18. Vehicle Display & Promotional Activity. In PL On-going Planning accordance with the Zoning Ordinance, all promotional activity (including pennants, balloons, banners and tents) shall be subject to the approval of a Temporary Use Permit. 19. Vehicle Display & Promotional Activity. In PL On-going Planning accordance with the Zoning Ordinance, all promotional activity (including pennants, balloons, banners and tents) shall be subject to the approval of a Temporary Use Permit. 20. Inventory. All vehicles shall be displayed in an orderly PL On-going Planning fashion adjacent to John Monego Court. 21. Temporary Signage. All temporary signage shall PL On-going Planning conform to the requirements of the Dublin Zoning Ordinance at all times. PASSED, APPROVED AND ADOPTED this 91" day of April, 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Assistant Community Development Director G_1PAM20121PLPA-2012-00057 Dublin FiatlPlanning Commission 4.9.131PC CUP Reso.doc 6of6 RESOLUTION NO. 13- xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A SITE DEVELOPMENT REVIEW PERMIT FOR THE FIAT DEALERSHIP LOCATED AT 4300 JOHN MONEGO COURT (APN 986-0016-003) PLPA-2012-00057 WHEREAS, the Applicant, Inder Dosanjh, has requested approval of a Site Development Review Permit for the construction of a 13,130 square foot automobile dealership building and related improvements on approximately ±3.75 acres of land, located at on Parcel B of the General Motors Auto Mall at 4300 John Monego Court; and WHEREAS, the Applicant has submitted project plans for the requested entitlement prepared by MacKay & Somps and Avanessian Associates received by the Planning Division on January 17, 2013 and attached as Exhibit A to this Resolution, and WHEREAS, the California Environmental Quality Act (CEQA), together with State guidelines and City environmental regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, the proposed project is an anticipated component of the larger General Motors Auto Mall project. The General Motors Auto Mall was previously determined to be within the scope of the Eastern Dublin Specific Plan and General Plan Amendment, for which a Program EIR was certified (SCH 91103064); therefore, the proposed project is within the scope of the Program and EIR and no further environmental analysis is required; and WHEREAS, a Staff Report was submitted to the Planning Commission on April 9, 2013 recommending approval of said application; and WHEREAS, the Planning Commission did hold a public hearing on said application on April 9, 2013; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Dublin does hereby make the following findings and determinations regarding the proposed Site Development Review: ATTACHMENT 3 A. The proposed Fiat Dealership is consistent with the purposes of Chapter 8.104, Site Development Review, of the Zoning Ordinance, with the General Plan and with any applicable Specific Plans and design guidelines because: 1) the proposed project will be compatible with the surrounding area because the development is designed with respect to the adjacent properties which are designated for auto sale and services; 2) the proposed Project will enhance the property values of the existing site; 3) the proposed Project is well designed and is compatible with the surrounding area; 4) adequate vehicular and pedestrian access to the site will be provided; and 5) the Project includes the use of landscaping materials and high quality building materials consistent with the purpose of Chapter 8.104, Site Development Review. B. The proposal is consistent with the provisions of Title 8, Zoning Ordinance because: 1) the zoning for the site is PD (Planned Development) and the proposed dealership is a conditionally permitted use type; 2) the Site Development Review approval is subject to approval of a companion Conditional Use Permit to allow operation of an auto vehicle sales and service use; 3) the dealership, as conditioned, is compatible with surrounding uses; 4) the overall design of the Project is compatible with the neighborhood in which it is located; 5) the proposed use will have adequate parking to support the facility as required by Chapter 8.76, Off-Street Parking Regulations, and 6) the project is consistent with development standards of the PD zoning district. C. The design of the Project is appropriate to the City, the vicinity, surrounding properties and the lot in which the Project is proposed because: 1) the proposed Project site is located in an urbanized area that is currently developed with a variety of building types and uses; 2) adequate access is provided to the site from John Monego Court; 3) the site is currently developed with a dealership, the Project will allow for the sale, service and storage of vehicles which is consistent with the surrounding uses; and 4) as conditioned, the building will be operated in such a manner as to reduce impacts on the surrounding neighborhood. D. The subject site is physically suitable for the type and intensity of the approved development because: 1) the General Plan allows for General Commercial uses on the site such as the proposed AutomobileiVehicle Sales and Service facility, which is a conditional use in the PD, Planned Development Zoning District; 2) the Planned Development established development capacity for the General Motors Auto Mall; 3) the proposal is consistent with the anticipated development capacity for the overall General Motors Auto Mall site; 4) the building will have a maximum height of 26 feet which is compatible with the surrounding development; and 5) access to the site is from John Monego Court, which is an existing roadway. E. Impacts to existing slopes and topographic features are addressed because: the Project site is relatively flat. F. Architectural considerations including the character, scale and quality of the design, site layout, the architectural relationship with the site and other buildings, screening of unsightly uses, lighting, building materials and colors and similar elements result in a project that is harmonious with its surroundings and compatible with other development in the vicinity because: 1) the Project has been well designed to complement the surrounding neighborhood; 2) the scale of the building has been designed to be similar to 2 the surrounding buildings; and 3) as required by the conditions of approval, all HVAC equipment and all conduits or piping will be screened from view. G. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, and similar elements have been incorporated into the project to ensure visual relief, adequate screening and an attractive environment for the public because: 1) the existing landscaping was approved by the Planning Commission in October 2011 with the Site Development Review for the Kia; 2) the applicant proposes minor modifications to the existing landscaping, which includes replacing the no mow fescue on the northern property boundary with permeable pavers; 3) the site includes a variety of trees and shrubs throughout the site; 4) the site incorporates drought tolerant plant materials as required by the Zoning Ordinance; and 5) the project shall adhere to Chapter 8.88 of the Dublin Zoning Ordinance (Water Efficient Landscaping Regulations). H. The site has been adequately designed to ensure proper circulation for bicyclists, pedestrians and automobiles because: 1) access to the site will be provided from two driveways on John Monego Court; 2) the Project has been reviewed by the Public Works Department and the Fire Department and adequate access and circulation has been provided on-site; and 3) bicycle racks will be installed near the front of the building. BE IT FURTHER RESOLVED that the Planning Commission does hereby approve said application, Site Development Review for the Fiat Dealership, to construct a 13,130 square foot building, parking lot and related improvements located at 4300 John Monego Court as generally depicted in the Project Plans prepared by MacKay & Somps and Avanessian Associates received by the Planning Division on January 17, 2013, labeled Exhibit A to this Resolution, stamped approved, and on file with the Community Development Department, subject to 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: [PL] Planning, [B] Building, [PO] Police, [PW] Public Works, [ADM] Administration/City Attorney, [FIN] Finance, [PCS] Parks and Community Services, [F] 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 Flood Control and Water Conservation District, Zone 7, [LAVTA], Livermore Amador Valley Transit Authority, [CHS], California Department of Health Services. CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: GENERAL SITE DEVELOPMENT REVIEW 1. Approval. This Site Development Review PL On-going Planning approval for the Fiat Dealership, PLPA-2012- 00057 establishes the detailed design concepts and regulations for the project. Development pursuant to this Site Development Review 3 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: generally shall conform to the project plans submitted by MacKay & Somps and Avanessian Associates received January 17, 2013, on file in the Community Development Department, and other plans, text, and diagrams relating to this Site Development Review, unless modified by the Conditions of Approval contained herein. 2. Effective Date. This Site Development Review PL On-going Planning approval is contingent upon the approval of the Conditional Use Permits to amend the General Motors Auto Mall Planned Development Zoning and to allow the operation of vehicles sales and service. 3. Permit Expiration. Construction or use shall PL One Year DMC commence within one (1) year of Permit After Effective 8.96.020.D approval or the Permit shall lapse and become Date null and void. If there is a dispute as to whether the Permit has expired, the City may hold a noticed public hearing to determine the matter. Such a determination may be processed concurrently with revocation proceedings in appropriate circumstances. If a Permit expires, a new application must be made and processed according to the requirements of this Ordinance. 4. Time Extension. The original approving PL Prior to DMC decision-maker may, upon the Applicant's Expiration 8.96.020.E written request for an extension of approval prior Date to expiration, upon the determination that all Conditions of Approval remain adequate and all applicable findings of approval will continue to be met, grant an extension of the approval for a period not to exceed six (6) months. All-time extension requests shall be noticed and a public hearing shall be held before the original hearing body. 5. Compliance. The Applicant/Property Owner PL On-going DMC shall operate this use in compliance with the 8.96.020.F Conditions of Approval of this Site Development Review, the approved plans and the regulations established in the Zoning Ordinance. Any violation of the terms or conditions specified may be subject to enforcement action. 4 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 6. Revocation of Permit. The Site Development PL On-going DMC Review approval shall be revocable for cause in 8.96.020.1 accordance with Section 8.96.020.1 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. 7. Requirements and Standard Conditions. The Various Building Standard Applicant/ Developer shall comply with Permit applicable City of Dublin Fire Prevention Bureau, Issuance Dublin Public Works Department, Dublin Building Department, Dublin Police Services, Alameda County Flood Control District Zone 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Department of Health Services requirements and standard conditions. Prior to issuance of building permits or the installation of any improvements related to this project, the Developer shall supply written statements from each such agency or department to the Planning Department, indicating that all applicable conditions required have been or will be met. 8. Required Permits. Developer shall obtain all PW Building Standard permits required by other agencies including, but Permit not limited to Alameda County Flood Control and Issuance Water Conservation District Zone 7, California Department of Fish and Game, Army Corps of Engineers, Regional Water Quality Control Board, Caltrans and provide copies of the permits to the Public Works Department. 9. Fees. Applicant/Developer shall pay all Various Building Various applicable fees in effect at the time of building Permit permit issuance, including, but not limited to, Issuance Planning fees, Building fees, Traffic Impact Fees, TVTC fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees, Fire Facilities Impact fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; or any other fee that may be adopted and applicable. 5 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 10. Indemnification. The Developer shall defend, ADM On-going Administration/City indemnify, and hold harmless the City of Dublin Attorney and its agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that the Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying the Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. 11. Clarification of Conditions. In the event that PW On-going Public Works there needs to be clarification to the Conditions of Approval, the Director of Community Development and the City Engineer have the authority to clarify the intent of these Conditions of Approval to the Developer without going to a public hearing. The Director of Community Development and the City Engineer also have the authority to make minor modifications to these conditions without going to a public hearing in order for the Developer to fulfill needed improvements or mitigations resulting from impacts to this project. 12. Clean-up. The Applicant/Developer shall be PL On-going Planning responsible for clean-up & disposal of project related trash to maintain a safe, clean and litter- free site. 13. Modifications. Modifications or changes to this PL On-going DMC Site Development Review approval may be 8.104.100 considered by the Community Development Director if the modifications or changes proposed comply with Section 8.104.100 of the Zoning Ordinance. 14. Lighting. Lighting is required over exterior PL, PW Building Municipal Code entrances/doors including the service areas. Permit Exterior lighting used after daylight hours shall Issuance be adequate to provide for security needs. 6 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: PROJECT SPECIFIC 15. Equipment Screening. All electrical, fire risers PL Building Planning and/or mechanical equipment shall be screened Permit from public view. Any roof-mounted equipment Issuance shall be completely screened from view by materials architecturally compatible with the Through building and to the satisfaction of the Community Completion/ Development Director. The Building Permit plans On-going shall show the location of all equipment and screening for review and approval by the Director of Community Development. 16. Colors. The exterior paint colors of the PL Occupancy Planning buildings are subject to City review and approval. The Applicant shall paint a portion of the building the proposed colors for review and approval by the Director of Community Development prior to painting the buildings, whose approval shall not be unreasonably withheld. 17. Solid Waste and Recycling Enclosure Standards. The trash enclosure shall comply with the City of Dublin's Solid Waste and Recycling Enclosure Standards adopted by the City Council in June 2011. 18. Trash Enclosure. The trash enclosure shall be PL/PW Building Planning architecturally designed to be compatible with Permit the building. The doors must be designed with Issuance self-closing gates that can be locked closed and can also be held open with pin locks during loading. All trash bins used for this site shall be maintained within the trash bin enclosure(s) at all times. An area drain shall be installed within the trash enclosure with a connection to the sanitary sewer system. In addition, a hose bib shall be provided for convenient wash-down of the trash enclosure. The enclosure shall not obstruct access (24' min wide drive aisle) and shall have accessible route and entrance door. LANDSCAPING 19. Final Landscape and Irrigation Plans. Final PL Building DMC Landscape and Irrigation Plans prepared and Permit 8.72.030 stamped by a State licensed landscape architect Issuance 7 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: or registered engineer shall be submitted for review and approval by the City Engineer and the Community Development Director. Plans shall be generally consistent with the landscape plans prepared by Molly Duff, received by the Planning Division on January 17, 2013, except as modified by the Conditions listed below and as required by the Community Development Director. 20. Plant Species. Plant species shall be selected PL Building Planning according to use, sun/shade location and space Permit available. The landscape plan should include Issuance plant species that are not salt sensitive. Street trees shall be high branching and produce minimal litter. 21. Landscaping at Street/Drive Aisle PL Building Planning Intersections. Landscaping shall not obstruct Permit the sight distance of motorists, pedestrians or Issuance bicyclists. Except for trees, landscaping (and/or landscape structures such as walls) at drive aisle intersections shall not be taller than 30 inches above the curb. Landscaping shall be kept at a minimum height and fullness giving patrol officers and the general public surveillance capabilities of the area. 22. Standard Plant Material, Irrigation and PL Building DMC Maintenance Agreement. The Permit 8.72.050.13 Applicant/Developer shall complete and submit Issuance to the Dublin Planning Department the Standard Plant Material, Irrigation and Maintenance Agreement. 23. Plant Standards. All trees that are on the PL Occupancy Planning exterior building perimeter shall be 24" box minimum, with at least 30% at 36" box or greater; all shrubs shall be 5 gallon minimum. 24. Backflow Prevention Devices. The Landscape PL, PW, F Building Planning Plan shall show the location of all backflow Permit prevention devises. The location and screening Issuance of the backflow prevention devices shall be reviewed and approved by City staff. 25. Root Barriers and Tree Staking. The PL, PW Building Planning landscape plans shall provide details showing Permit 8 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: root barriers and tree staking will be installed Issuance which meet current City specifications. 26. Water Efficient Landscaping Ordinance. The PL Building DMC 8.88 Applicant/ Developer shall submit written Permit documentation to the City (in the form of a Issuance Landscape Documentation Package and other required documents) that the development conforms to the City's Water Efficient Landscaping Ordinance. 27. Shrubs. All shrubs shall be continuously PL On-going Planning maintained including pruning and regular watering. If at any time the shrubs in the parking lot or throughout the project site are damaged, missing, dead or dying, these shrubs shall be immediately replaced with the same species to the reasonable satisfaction of the Community Development Director. 28. Trees. The property owner shall continually PL On-going Planning maintain all trees shown on the approved Landscape Plans including replacing dead or dying trees with the same species, pruning and regular watering of the trees. Within five years and every five years thereafter, all trees which are to be installed in conjunction with this project shall show normal growth to the reasonable satisfaction of the Community Development Director. If the trees have not shown normal growth, the property owner shall replace the trees to the reasonable satisfaction of the Community Development Director. BUILDING — GENERAL 29. Building Codes and Ordinances. All project B Through Building construction shall conform to all building codes Completion and ordinances in effect at the time of building permit. 30. Building Permits. To apply for building permits, B Issuance of Building Applicant/Developer shall submit five (5) sets of Building construction plans to the Building Division for Permits plan check. Each set of plans shall have attached an annotated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been 9 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participation non- City agencies prior to the issuance of building permits. 31. Construction Drawings. Construction plans B Issuance of Building shall be fully dimensioned (including building Building elevations) accurately drawn (depicting all Permits existing and proposed conditions on site), and prepared and signed by a California licensed Architect or Engineer. All structural calculations shall be prepared and signed by a California licensed Architect or Engineer. The site plan, landscape plan and details shall be consistent with each other. 32. Addressing. Addresses will be required on all B Occupancy doors leading to the exterior of the building. Addresses shall be illuminated and be able to be seen from the street and shall be 5 inches in minimum height. 33. Engineer Observation. The Engineer of record B Frame Building shall be retained to provide observation services Inspection for all components of the lateral and vertical design of the building, including nailing, hold- downs, straps, shear, roof diaphragm and structural frame of building. A written report shall be submitted to the City Inspector prior to scheduling the final frame inspection. 34. Phased Occupancy. If occupancy is requested B Occupancy of Building to occur in phases, then all physical any affected improvements within each phase shall be building required to be completed prior to occupancy of any buildings within that phase except for items specifically excluded in an approved Phased Occupancy Plan, or minor handwork items, approved by the Department of Community Development. The Phased Occupancy Plan shall be submitted to the Directors of Community Development and Public Works for review and approval a minimum of 45 days prior-to-the request for occupancy of any building covered 10 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: by said Phased Occupancy Plan. Any phasing shall provide for adequate vehicular access to all parcels in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. No individual building shall be occupied until the adjoining area is finished, safe, accessible, and provided with all reasonable expected services and amenities, and separated from remaining additional construction activity. Subject to approval of the Director of Community Development, the completion of landscaping may be differed due to inclement weather with the posting of a bond for the value of the deferred landscaping and associated improvements. 35. Air Conditioning Units. Air conditioning units B, PL Occupancy Building and ventilation ducts shall be screened from public view with materials compatible to the main building. Units shall be permanently installed on concrete pads or other non-movable materials approved by the Building Official and Director of Community Development. 36. Temporary Fencing. Temporary construction B Through Building fencing shall be installed along the perimeter of Completion all work under construction. 37. Cool Roofs. Flat roof areas shall have their B Through Building roofing material coated with light colored gravel Completion or painted with light colored or reflective material designed for Cool Roofs. 38. Electronic File. The Applicant/Developer shall B First and Final Building submit all building drawings and specifications Inspection for this project in an electronic format to the satisfaction of the Building Official prior to the issuance of building permits. Additionally, all revisions made to the building plans during the project shall be incorporated into an "As Built" electronic file and submitted prior to the issuance of the final occupancy. 39. Copies of Approved Plans. Applicant shall B 30 days after Building provide, upon request, City with 4 reduced (1/2 & each size) copies of the approved plan. revision issuance 11 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: FIRE — GENERAL CONDITIONS 40. Fire Codes. Project shall comply with the F On-going Fire applicable Building and Fire Codes. Site and Building plans shall be provided for review and approval by the Fire Department. 41. Fire Sprinkler. The structure will need to be F Building Fire equipped with a fire sprinkler system throughout. Permits 42. Permits. The applicant will need to obtain F On-going Fire specialty fire permits depending on the type of hazardous materials, flammable liquids, etc. that are on site. CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN 43. Security Requirements. The PL & B Issuance of Planning & Building Applicant/Developer shall comply with all Building applicable City of Dublin Non-Residential Permits Security requirements. On-going 44. Landscaping. In addition to the regulations PL & B On-going Planning & Building contained in the Non-Residential Building Security Requirements, shrubs and ground cover located adjacent to buildings, walkways and drive aisles shall not exceed 24-inches in height at full maturity. All existing and new trees shall maintain a minimum lower canopy clearance of 6-feet from finished grade except for perimeter landscaping 45. Employee Exit Doors. All employee exit doors PL & B Prior to Planning & Building shall be equipped with 180 degree viewers if Occupancy there is not a burglary resistant window panel in the door from which so scan the exterior. 46. Driveways. An effective method of securing the PL & B On-going Planning & Building driveway areas shall be incorporated. The driveway shall be secured during the hours the business is closed. 47. Graffiti. The Developer and/or Property Owner PL & B On-going Planning & Building shall keep the site clear of graffiti vandalism on a regular and continuous basis. 48. Transport Vehicles. The off-loading of carrier PL & B On-going Planning & Building transport vehicles shall occur on the project site. The off-loading is not permitted on the public street. 12 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 49. Exterior Doors. Exterior doors shall be marked PL & B Occupancy Planning & Building as to their purpose (mechanical room) or accessibility (exit only, employees only). 50. Security Plan. The Applicant shall submit a PL & B Occupancy Planning & Building security plan for the site. The plan shall include information on: alarm systems (type & locations), inventory control measures, key control procedures, methods for securing exit driveways, method for securing vehicles on display pads, employee safety/security training programs. 51. Business Site Emergency Response Card. PL & B Prior to Planning & Building Tenants shall complete a "Business Site Occupancy Emergency Response Card" and deliver it to the Community Development Department. PUBLIC WORKS — STANDARD CONDITIONS 52. Compliance. The Developer shall comply with PW On-going Public Works the City of Dublin Zoning and Grading Ordinances, the City of Dublin Public Works Standards and Policies, and all building and fire codes and ordinances in effect at the time of building permit. 53. Wells or Exploratory Boring. Any water well, PW Through Public Works cathodic protection well, or exploratory boring on Completion the project property must be properly abandoned, backfilled, or maintained in accordance with applicable groundwater protection ordinances. For additional information contact Zone 7. 54. Encroachment Permit. An encroachment PW On-going Public Works permit from the Public Works Department may be required for any work done within the public right-of-way even if covered under an Improvement A reement. 55. Easement Abandonment. The Developer shall PW Issuance of Public Works obtain abandonment from all applicable public Grading/ agencies of existing easements and right of Sitework ways that will no longer be used. Permit 56. Grading Plan. The Grading Plan shall be in PW Issuance of Public Works conformance with the recommendations of the Grading/ Geotechnical Report, the approved Tentative Sitework Map, and the City design standards & Permit ordinances. In case of conflict between the soil engineer's recommendations and City ordinances, the City Engineer shall determine which shall apply. 13 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 57. Public Improvements. All public improvements PW Issuance of Public Works shall conform to the City of Dublin Standard Grading/ Plans and design requirements and as approved Sitework by the City Engineer. Permit 58. Water and Sewer Facilities. Developer shall PW Issuance of Public Works construct all potable and recycled water and Grading/ sanitary sewer facilities required to serve the Sitework project in accordance with DSRSD master plans, Permit standards, specifications and requirements. 59. Fire Hydrants. Fire hydrant locations shall be PW Issuance of Public Works approved by the Alameda County Fire Grading/ Department. A raised reflector blue traffic Sitework marker shall be installed in the street opposite Permit each h drant. 60. Drainage. Roof drainage shall drain across bio- PW Issuance of Public Works swales or into bio-filters prior to entering the Building storm drain system. The landscaping and Permit drainage improvements in the bio-swale and bio- filters shall be appropriate for water quality treatment. Concentrated flows will not be allowed to drain across public sidewalks. 61. Underground Utilities. If the Applicant PW Occupancy Public Works proposes to underground existing electrical, gas, telephone, and Cable TV utilities, shall be underground in accordance with the City policies and ordinances. All utilities shall be located and provided within public utility easements and sized to meet utility company standards. 62. Utility Vaults. To the maximum extent PL, PW Issuance of Public Works practicable, all utility vaults, boxes and structures Grading/ shall be underground and placed in landscape Sitework areas and screened from public view. All utility Permit vaults, boxes and structures shall be shown on landscape plans and approved by the City Engineer and Community Development Director prior to construction. PUBLIC WORKS — PROJECT SPECIFIC 63. Standard Public Works Conditions of PW On-going Public Works Approval. Applicant/Developer shall comply with all applicable City of Dublin Public Works Standard Conditions of Approval. In the event of a conflict between the Public Works Standard Conditions of Approval and these Conditions, these Conditions shall prevail. 64. Improvement and Grading Plans. All PW Issuance of Public Works improvement and grading plans submitted to Grading/ 14 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: the Public Works Department for Sitework review/approval shall be prepared in Permit accordance with the approved site plan, these Conditions of Approval, and the City of Dublin Municipal Code including Chapter 7.16 (Grading Ordinance). When submitting plans for review/approval, the Applicant/Developer shall also fill-out and submit a City of Dublin Improvement Plan Review Checklist (three 8- 1/2" x 11" pages). Said checklist includes necessary design criteria and other pertinent information to assure that plans are submitted in accordance with established City standards. The plans shall also reference the current City of Dublin Standard Plans (booklet), and shall include applicable City of Dublin Improvement Plan General Notes (three 8-1/2" x 11" pages). For on-site improvements, the Applicant/Developer shall adhere to the City's On-site Checklist (eight 8-1/2" x 11" pages). All of these reference documents are available from the Public Works Department (call telephone 925-833-6630 for more information). 65. Grading/Sitework Permit. All site PW Issuance of Public Works improvement work and public right-of-way work Grading/ must be performed per a Grading/Sitework Sitework Permit issued by the Public Works Department. Permit Said permit will be based on the final set of improvement plans to be approved once all of the plan check comments have been resolved. Please refer to the handout titled Grading/Site Improvement Permit Application Instructions and attached application (three 8-1/2" x 11" pages) for more information. The Applicant/Developer must fill in and return the applicant information contained on pages 2 and 3. The current cost of the permit is $10.00 due at the time of permit issuance, although the Applicant/Developer will be responsible for any adopted increases to the fee amount. 66. Site Plan. On-site and off-site improvements PW Issuance of Public Works shall be designed in accordance with the Grading/ 15 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: approved site plan, entitled "Fiat of Dublin" by Sitework McKay and Somps, dated January 17, 2013. Permit 67. Overland Storm Drain Flow. To PW Issuance of Public Works accommodate potential overland flow, the Grading/ parking lot grading and on-site storm drain Sitework system shall be designed to convey storm water Permit overland to the public street right of way without inundating the buildings in the event the pipe network becomes plugged. 68. Water Quality/Best Management Practices. PW Issuance of Public Works Pursuant to the Alameda Countywide National Grading/ Pollution Discharges Elimination Permit Sitework (NPDES) No. CAS0029831 with the California Permit Regional Water Quality Control Board (RWQCB), the Applicant/Developer shall design and operate the site in a manner consistent with the Start at the Source publication, and according to Best Management Practices to minimize storm water pollution. In addition to natural water quality features proposed for the site, in-line filtration devices may be necessary to serve runoff areas that will not drain to natural water quality features due to grading constraints. All trash dumpsters and recycling area enclosures that are not located inside the building shall have roof enclosures to prevent contaminants from washing into the storm drain system. The enclosures shall be fitted with floor drains that discharge to the sanitary sewer system, and hose bibs for periodic wash-down. The applicant shall file a Notice of Intent with the RWQCB and shall prepare and submit a Storm Water Pollution Prevention Plan for the City Engineer/Public Works Director's review/approval. Finally, all storm drain inlets serving vehicle parking areas shall be stenciled using stencils available from the Alameda Countywide Clean Water Program. 69. Soil Percolation Test. A soil percolation test PW Issuance of Public Works will be required to demonstrate that the Permits infiltration rate of the soil meets a minimum requirement of '/ inch per hour. The test will be 16 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: required in the area where the permeable pavers are proposed. If the test is not passed, then the permeable pavers shall be modified to bio-infiltration instead. 70. Storm Water Treatment Measures PW Occupancy Public Works Maintenance Agreement. Applicant/Developer shall enter into an agreement with the City of Dublin that guarantees the property owner's perpetual maintenance obligation for all storm water treatment measures installed as part of the project. Said agreement is required pursuant to Provision C.3.e.ii of RWQCB Order R2-2003-0021 for the reissuance of the Alameda Countywide NPDES municipal storm water permit. Said permit requires the City to provide verification and assurance that all treatment devices will be properly operated and maintained. 71. Geotechnical Report and Recommendations. PW Issuance of Public Works The Applicant/Developer shall have a registered Grading/ Geotechnical Engineer perform an investigation Sitework and prepare a geotechnical report for the site Permit and and shall incorporate the recommendations into Building the project design. The Geotechnical Engineer Permit and shall certify that the project design conforms to During the report recommendations prior to issuance of Construction a Grading/Sitework Permit or Building Permit. All report recommendations shall be followed during the course of grading and construction. 72. Vehicle Parking. All parking stalls shall be PW Occupancy Public Works constructed in accordance with Building and Municipal Code requirements. All customer stalls shall be clearly identified with signs and pavement markings. The proposed parking shall not impede required exit paths or encroach onto pedestrian pathways. In addition, the company (loaner) vehicles shall not be parked in the parking spaces designated for customers and employees. 73. Parking Prohibitions/Restrictions. Vehicle PW On-going and Public Works parking shall be prohibited or restricted at Installed Prior locations deemed reasonably necessary by the to Occupancy City Engineer/Public Works Director during final design and/or construction. 17 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 74. Site Accessibility Requirements. All disabled PW Occupancy Public Works access ramps, parking spaces for the disabled, and other physical site improvements shall comply with current UBC Title 24 requirements and City of Dublin Standards for accessibility. 75. Relocation of Existing Improvements/ PW Occupancy Public Works Utilities. Any necessary relocation of existing improvements or utilities shall be accomplished at no ex ense to the City. 76. Damage/Repairs. The Applicant/Developer PW Occupancy Public Works shall be responsible for the repair of any damaged pavement, curb & gutter, sidewalk, or other public street facility resulting from construction activities associated with the development of the project, to the reasonable satisfaction of the City Engineer/Public Works Director. 77. Occupancy Permit Requirements. Prior to PW Occupancy Public Works issuance of an Occupancy Permit, the physical condition of the project site shall meet minimum health and safety standards including, but not limited to the following: a. The streets and walkways providing access to the occupied building shall be complete, as determined by the City Engineer/Public Works Director, to allow for safe, unobstructed pedestrian and vehicle access to and from the building. b. All traffic control devices on streets providing access to the building shall be in place and fully functional. C. All street name signs and address numbers for streets providing access to the building shall be in place and visible. d. Lighting for the streets and building shall be adequate for safety and security. All streetlights on streets providing access to the building shall be 18 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: energized and functioning. Exterior lighting shall be provided for building entrances/exits and pedestrian walkways. Security lighting shall be provided as required by Dublin Police. e. All construction equipment, materials, or on-going work shall be separated from the public by use of fencing, barricades, caution ribbon, or other means reasonably approved by the City Engineer/Public Works Director. f. All fire hydrants for the building shall be operable and easily accessible to City and ACFD personnel. g. All site features designed to serve the disabled (i.e. H/C parking stalls, accessible walkways, signage) for the building shall be installed and fully functional. 78. Geographic Information System. Once the PW Occupancy Public Works City Engineer/Public Works Director approves the development project, a digital vectorized file on floppy or CD of the Improvement Plans shall be submitted to the City and DSRSD. Digital raster copies are not acceptable. The digital vectorized files shall be in AutoCAD 14 or higher drawing format or ESRI Shapefile format. Drawing units shall be decimal with the precision of 0.00. All objects and entities in layers shall be colored by layer and named in English, although abbreviations are acceptable. All submitted drawings shall use the Global Coordinate System of USA, California, NAD 83 California State Plane, Zone III, and U.S. foot. Said submittal shall be acceptable to the City's GIS Coordinator. 79. Pedestrian Walkway. The Applicant shall install PW Issuance of Public Works bollards to delineate the pedestrian walkway Grading/ from the parking lot (display area). Sitework Permit 19 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: CONSTRUCTION 80. Erosion Control During Construction. PW During Public Works Applicant/Developer shall include an Erosion Construction and Sediment Control Plan with the Grading and and Grading Improvement plans for review and approval by Activities the City Engineer/Public Works Director. Said plan shall be designed, implemented, and continually maintained pursuant to the City's NPDES permit between October 1St and April 15th or beyond these dates if dictated by rainy weather, or as otherwise directed by the City Engineer/Public Works Director. 81. Archeological Materials. If archaeological PL, PW During Public Works materials are encountered during construction, Construction construction within 100 feet of these materials and Grading shall be halted until a professional Archaeologist Activities who is certified by the Society of California Archaeology (SCA) or the Society of Professional Archaeology (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation measures. 82. Construction Hours. City acknowledges that PW During Public Works this site is within a commercial district, with no Construction surrounding residential areas. Standard and Grading construction and grading hours shall be limited Activities to weekdays (Monday through Friday) and non- City holidays between the hours of 7:30 a.m. and 5:00 p.m. The Applicant/Developer may request reasonable modifications to such determined days and hours, taking into account the seasons, impacts on neighboring properties, and other appropriate factors, by submitting a request form to the City Engineer/Public Works Director. For work on Saturdays, said request shall be submitted no later than 5:00 p.m. the prior Wednesday. Overtime inspection rates will apply for all after-hours, Saturday, and/or holiday work. 83. Construction Noise Management Plan. PW During Public Works Developer shall prepare a Construction Noise Construction Management Plan, to be approved by the City and Grading Engineer and Community Development Director Activities that identifies measures to be taken to minimize construction noise on surrounding developed properties. The Plan shall include hours of construction operation, use of mufflers on 20 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: construction equipment, speed limit for construction traffic, haul routes and identify a noise monitor. Specific noise management measures shall be included in the project plans and specifications. 84. Pest Problems. The Developer shall be PW During Public Works responsible for controlling any rodent, mosquito, Construction or other pest problem due to construction and Grading activities. Activities 85. Dust Control. The Developer shall be PW During Public Works responsible for watering or other dust-palliative Construction measures to control dust as conditions warrant and Grading or as directed by the City Engineer. Activities 86. Notice of Intent. Prior to any clearing or PW During Public Works grading, the Developer shall provide the City Construction evidence that a Notice of Intent (NOI) has been and Grading sent to the California State Water Resources Activities Control Board per the requirements of the NPDES. A copy of the Storm Water Pollution Prevention Plan (SWPPP) shall be provided to the Public Works Department and be kept at the construction site. 87. Construction Security. During the construction PO During Public Works phase the site shall adhere to the following: Construction • The construction site shall be fenced and and Grading locked at all times when workers are not Activities present. • A temporary address sign shall be posted, and shall be of a sufficient size, a minimum of at least 36" x 36" with a white background and stenciled black numbers and letters so that the sign can be seen during night time hours with existing street lighting or additional lighting as needed. The address sign shall be posted on all approaches to the site. • The developer shall file a Dublin Police Emergency Contact Business Card prior to any phase of construction that will provide 24 hour phone contact numbers of persons responsible for the construction site. • Good security practices shall be followed 21 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: with respect to storage of building materials and the storage of tools at the construction site. 88. SWPPP. The Storm Water Pollution Prevention PW During Public Works Program (SWPPP) for the operation and Construction maintenance of the project shall identify the Best and Grading Management Practices (BMPs) appropriate to Activities the project construction activities. The SWPPP shall include the erosion control measures in accordance with the regulations outlined in the most current version of the ABAG Erosion and Sediment Control Handbook or State Construction Best Management Practices Handbook. 89. SWPPP Compliance. The Developer is PW During Public Works responsible for ensuring that all contractors Construction implement all storm water pollution prevention and Grading measures in the SWPPP. Activities 90. Temporary Construction Fencing. Temporary Various During Public Works Construction fencing shall be installed along the Construction perimeter of all work under construction to and Grading separate the construction operation from the Activities public. All construction activities shall be confined to within the fenced area. Construction materials and/or equipment shall not be operated or stored outside of the fenced area or within the public right-of-way unless approved in advance by the City Engineer/Public Works Director. 91. Fire Access. Access roads, turnarounds, Various During Fire pullouts, and fire operation areas are Fire Lanes Construction and shall be maintained clear and free of and Grading obstructions, including the parking of vehicles. Activities 92. Entrances. Entrances to job sites shall not be Various During Various blocked, including after hours, other than by Construction approved gates/barriers that provide for and Grading emergency access. Activities 93. Site Utilities. Site utilities that would require the Various During Public Works access road to be dug up or made impassible Construction shall be installed prior to combustible and Grading construction commencing. Activities Entrance flare, angle of departure, width, turning radii, grades, turnaround, vertical clearances, 22 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: road surface, bridges/crossings, gates/key- switch, & within required 150-ft. distance to Fire Lane. DUBLIN SAN RAMON SERVICES DISTRICT (DSRSD)—STANDARD CONDITIONS 94. Prior to issuance of any building permit, DSR Issuance of Dublin San Ramon complete improvement plans shall be submitted Building Services District to DSRSD that conform to the requirements of Permits 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. 95. All mains shall be sized to provide sufficient DSR Issuance of Dublin San Ramon capacity to accommodate future flow demands Building Services District in addition to each development project's Permits demand. Layout and sizing of mains shall be in conformance with DSRSD utility master planning. 96. Sewers shall be designed to operate by gravity DSR Issuance of Dublin San Ramon flow to DSRSD's existing sanitary sewer system. Building Services District Pumping of sewage is discouraged and may Permits only be allowed under extreme circumstances following a case by case review with DSRSD staff. Any pumping station will require specific review and approval by DSRSD of preliminary design reports, design criteria, and final plans and specifications. The DSRSD reserves the right to require payment of present worth 20 year maintenance cost as well as other conditions within a separate agreement with the applicant for any project that requires a pumping station. 97. Domestic and fire protection waterline systems DSR Improvement Dublin San Ramon for commercial developments shall be designed Plans Services District to be looped or interconnected to avoid dead end sections in accordance with requirements of the DSRSD Standard Specifications and sound engineering practice. 98. DSRSD policy requires public water and sewer DSR Improvement Dublin San Ramon lines to be located in public streets rather than in Plans Services District off-street locations to the fullest extent possible. If unavoidable, then public sewer or water easements must be established over the 23 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 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. 99. Prior to approval by the City of a grading or site DSR Issuance of Dublin San Ramon work permit, the locations and widths of all permits Services District proposed easements dedications for water and sewer lines shall be submitted and approved by DSRSD. 100 All easement dedications for DSRSD facilities DSR Final Map Dublin San Ramon shall be by separate instrument irrevocably Services District offered to DSRSD or by offer of dedication on the Final Map. 101 Prior to approval by the City for Recordation, the DSR Final Map Dublin San Ramon Final Map shall be submitted to and approved by Services District DSRSD for easement locations, widths and restrictions. 102 Prior to issuance by the City of any Building DSR Issuance of Dublin San Ramon Permit or Construction Permit by the Dublin San Building Services District Ramon Services District, whichever comes first, Permits all utility connection fees including DSRSD and Zone 7, plan checking fees, inspection fees, connection fees, and fees associated with a wastewater discharge permit shall be paid to DSRSD in accordance with the rates and schedules established in the DSRSD Code. 103 Prior to issuance by the City of any Building DSR Issuance of Dublin San Ramon Permit or Construction Permit by the Dublin San Building Services District Ramon Services District, whichever comes first, Permits all improvement plans for DSRSD facilities shall be signed by the District Engineer. Each drawing of improvement plans shall contain a signature block for the District Engineer indicating approval of the sanitary sewer or water facilities shown. Prior to approval by the District Engineer, the applicant shall pay all required DSRSD fees and provide an engineer's estimate of construction costs for the sewer and water systems, a performance bond, a one-year maintenance bond, and a comprehensive general liability insurance policy in the amounts and forms that are acceptable to DSRSD. The applicant shall allow at least 15 working days for 24 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: final improvement drawing review by DSRSD before signature by the District Engineer. 104. No sewer line or waterline construction shall be DSR Improvement Dublin San Ramon permitted unless the proper utility construction Plans Services District permit has been issued by DSRSD. A construction permit will only be issued after all of the items in Condition of Approval No. 96 have been satisfied. 105. The Applicant shall hold DSRSD, its Board of DSR Issuance of Dublin San Ramon Directors, commissions, employees, and agents Building Services District of DSRSD harmless and indemnify and defend Permits the same from any litigation, claims, or fines resulting from the construction and completion of the project. 106. Improvement plans shall include recycled water DSR Improvement Dublin San Ramon improvements as required by DSRSD. Services Plans Services District for landscape irrigation shall connect to recycled water mains. Applicant must obtain a copy of the DSRSD Recycled Water Use Guidelines and conform to the requirements therein. SIGNS — PROJECT SPECIFIC 107. Temporary Promotional Banners and PL On-going Chapter 8.884 of Balloons. Temporary Promotional Banner DMC Signs and Balloons shall only be permitted after first securing an approved Temporary Promotional Sign Permit. Any signage on site shall be subject to the sign requirements contained in the City of Dublin Municipal Code. 108. A-Frame Signs. The use of any A-Frame, PL On-going Chapter 8.884 of portable, sandwich-board, pennants, or human- DMC held signs on the premises is strictly prohibited. Said signs and any form of off-site advertising signs shall also be prohibited upon any public property, including City streets and sidewalks. 109. Outdoor Events. Any outside events shall be PL On-going Chapter 8.884 of the subject to the Temporary Use Permit DMC requirements contained in the City of Dublin Municipal Code, specifically Section 8.108.020. 110. Master Sign Program. Prior to the installation of PL Installation of Chapter 8.884 of any on-site signage, the Applicant/Developer Project DMC shall apply for and receive approval to amend Related the existing GM Automall Master Sign Program. Signage 25 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: PARKS & COMMUNITY SERVICES 111. Public Art Project. The Applicant/Developer PL, PCD Building Public Art Policy has elected to and shall acquire and install a Permit public art project in accordance with Chapter Issuance 8.58 of the Dublin Municipal Code and shall comply with the Public Art Compliance Report submitted by Applicant, and on file with the Planning Department. The value of the public art project is required to equal or exceed 0.5% of the building valuation (exclusive of land) for the project. The Building Official has determined that the total building valuation of the project (exclusive of land) is $1,391,780. Therefore, Applicant is required to acquire and install a public art project valued at a minimum amount of $6,958.90. The location of the public art project site will be in the cul-de-sac at the end of John Monego Court. Prior to first occupancy Applicant/Developer shall (a) secure completion of the public art project, in a manner deemed satisfactory to the City Manager; and (b) execute an agreement between the City and Applicant/Developer that sets forth the ownership, maintenance responsibilities, and insurance coverage for the public art project. The public art project is subject to the approval of the City Council upon recommendation by the Heritage & Cultural Arts Commission. 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RECOMMENDATION: Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the public hearing; 3) Take testimony from the Applicant and the public; 4) Close the public hearing and deliberate, and 5) Adopt a Resolution approving a Site Development Review Permit for exterior modifications to a 39,780 square foot portion of an existing retail building and a Conditional Use Permit for the operation of a Recycling Facility (Donation Center) at 7117 Regional Street. Submitted By R iewed By Assistant Planner Assistant Community Development Director COPIES TO: Applicant File ITEM NO.: • Page 1 of 7 G:IPAM20131PLPA-2013-00001 Savers MSP CUP SDRIPC 04.09.20131PCSR 04.09.13.docx DESCRIPTION: Figure 1: Project Site The project site is located at 7117 Regional Street near the intersection of Dublin Boulevard and Regional Street. The 8.5- acre site contains an existing 85,280 square foot retail • " building, of which 45,500 square Target feet is presently occupied by Sports Authority. The remaining { 39,780 square feet are currently Cvs vacant. Access to the site is provided from multiple driveways along both Dublin Boulevard and - Regional Street. The project site Toys-R-us is depicted in Figure 1. ly The project site has a General Project Site '* Plan Land Use Designation of Downtown Dublin — Retail 0 Dublin Dublin Boulevard District and is located in the Downtown Dublin Zoning District. The subject building was originally constructed in 1972, before Dublin was incorporated as a City. Alameda County approved the original development of the project site, which is in a shopping center comprised of other retail and service uses including a drug store/pharmacy, two banks, a grocery store, gas station, recycling center, and several smaller retail/service establishments. On January 4, 2011 the Planning Commission approved a request by Regional Street Retail, the owners of the property, for a Site Development Review Permit to modify the exterior of the 85,280 square foot building and related site improvements. This included improvements related to the Sports Authority tenant space and tenant entry features on the west and north elevations for the vacant tenant space (referenced as "Tenant B" in the Sports Authority approval) that would occupy the remaining 39,780 square foot portion of the building. These future tenant entries on the west and north elevations were designed to coordinate with the Sports Authority elevations in materials and color (Attachment 1). The Sports Authority improvements were completed in late 2011; however, the entry improvements for the remainder of the building were not completed. The approval for these improvements has now expired. Savers Thrift Superstore plans to occupy the vacant 39,780 square foot tenant space. Savers is a retail store that sells used goods which it obtains through donations; either from individuals that donate directly to the store, or from partnerships with local non-profit groups that collect reusable clothing and household goods and then sell them to the Savers store. Retail uses are permitted by-right in the Downtown Dublin Zoning District; however, the City of Dublin Zoning Ordinance classifies businesses that collect donated goods as Recycling Facilities, and approval of a Conditional Use Permit from the Planning Commission is required to operate a Recycling Facility within the Downtown Dublin Zoning District. The Applicant is currently requesting approval of a SDR permit to modify the exterior of the building to include entry features consistent with the original approval, and additional 2 of 7 modifications to add a second entry on the west elevation for the store's Donation Center. The application also includes a CUP to allow the operation of a Recycling Facility (Donation Center). ANALYSIS: Site Development Review West Elevation Along the west elevation Savers is proposing to construct what are essentially the same features that were approved in the 2011 Sports Authority SDR, with the exception being that the metal clad pylons would rise vertically rather than at an angle. The Savers west entry consists of a silver metal canopy with supporting trusses, flanking metal clad pylons, and brick shoulder elements (Attachment 2, Exhibit A, Sheet A400). Perforated metal screen panels are affixed to the building parapet to screen the existing roof top equipment. Silver metallic paneling will rise above the entry canopy, upon which the Savers business sign will be mounted. The signage shown in the project plans is for reference only and will require separate review and approval. There is an existing Master Sign Program which will need to be amended to allow signs on this tenant space. To the left of the Savers west elevation entry there will be a second entry that will serve as the drop-off point for the store's Donation Center. Directly in front of the Donation Center doors there will be a 10 foot wide pull-out lane into which customers that are donating goods can conveniently pull up curb-side to have their donations unloaded and immediately taken inside the store by Savers employees. Above the Donation Center entry there will be a silver metallic canopy of the same material used for the canopy over the main store entry. This second canopy will wrap around the corner of the building and extend approximately 20 feet along the north elevation. A lighted sconce mounted on a square perforated metal screen will be in place between the store and Donation Center entries. North Elevation The proposed north elevation replicates the design approved in the 2011 Sports Authority SDR, and the entry feature is essentially identical to the one on the west elevation; the difference being that the metal clad pylons are not as tall as they are on the west elevation (28 feet versus 35 feet on the west elevation). The Sports Authority SDR called for pylons of matching height on the north and west elevations; however, the reduced height of 28 feet being proposed for this project is appropriate due to the close proximity of the north elevation entry to the adjacent building. With the exception of the brick shoulder elements around the entry, the existing exposed rock finish will remain along the entire length of the north elevation, and the perforated metal screen paneling will be continued around from the west elevation to screen roof top equipment. Two light sconces on square perforated metal screens will be mounted to both sides of the entry feature to provide a consistent look around the building. East Elevation Along the east elevation the Applicant proposes to construct three loading dock doors and one service door. Wall pack light fixtures will be installed above each of these doors, and the existing exposed rock finish will remain along this entire length of the building. 3 of 7 Consistency with the Downtown Dublin Specific Plan (DDSP) As proposed the project is in conformance with many of the design guidelines of the DDSP, including, but not limited to, the following: Section 4.4.1 General Building Design Buildings located near major street intersections should be treated as "signature" buildings and should include unique design features (e.g. towers) and prominent corner entrances, plazas and enhanced design which is oriented towards the street. Section 4.4.2 Building Articulation • Providing prominent entrances that are recessed/protruding or include towers or other distinct architectural features • Breaking up large smooth surfaces with expression lines, reveals, or changes in texture and color. Section 4.4.3 Building Materials and Colors A variety of high-quality, durable building materials and colors should be provided to create interesting and attractive building designs and avoid monotony. Section 4.4.5 Anchor Storefronts Primary building entrances should be highlighted and serve as the prominent building feature with elements such as (but not limited to) recessed or protruding entries, tower elements, different materials/colors, decorative or display windows, shade structures or galleries, and special paving and landscaping. The project has a primary entry facing Regional Street and incorporates prominent vertical elements and a variety of materials, colors and textures, including metals, brick, stucco and exposed rock. The entries are highlighted with vertical elements and protruding metal canopies that further break up the building plane. In addition the entries are well coordinated with the existing Sports Authority entry designs, yet are varied enough so as to create a unique look that avoids monotony. Conditional Use Permit As noted earlier in the Background section of this report, Savers requires approval of a Conditional Use Permit to operate a Recycling Facility (Donation Center) in the Downtown Dublin Zoning District. A Conditional Use Permit enables the City to place Conditions of Approval on a project to ensure that the operating characteristics are compatible with surrounding uses. The proposed project has been reviewed for issues related to operating characteristics such as hours of operation, treatment of the collection of donated goods, and ensuring a clean site. Where appropriate, Conditions of Approval have been placed on the Project to ensure compatibility with the surrounding uses (Attachment 2). These Conditions are similar to those applied to the Goodwill Conditional Use Permit. The Savers store will be open seven days a week from 9:00 a.m. to 9:00 p.m., and have approximately twenty employees. As previously noted the store will feature a Donation Center entry on the west elevation where patrons can park curbside in a pull-out lane and have their donations off-loaded and taken directly inside. In addition, local non-profits that have partnered with Savers will deliver collected donations to the loading docks at the back of the store along the east elevation. These deliveries from Savers' non-profit partners will take place approximately 3 to 5 times each weekday. 4of7 As part of its business operations, Savers will also have one tractor trailer (no truck cab attached) parked against the east elevation loading docks that will be used to store those donated items which do not sell. Once the trailer is full it will be taken away and replaced with an empty trailer. This cycle will take place every 3 to 4 days. Depending on store needs, a second Savers trailer could be brought to the loading docks one to two times per month. This second trailer will remain on-site for no more than one week and will contain non-local product that will be off-loaded and sold inside the store. To help ensure that the operation of the Donation Center does not result in goods being left outside the store after business hours, the Project Conditions of Approval require that store personnel perform at least two inspections of the site and building perimeter each day during non-business hours. Additionally, to deter the unwanted disposal of unsellable items, Savers will be required to install a security system that includes a flash camera and video surveillance, along with a recorded message that will be triggered by the flash of the camera. The recorded message will state that the business is closed and that leaving any goods outside the store is considered littering and the person is trespassing (Attachment 2, Conditions of Approval Nos. 31-38). This is the same security approach used at Goodwill and to date it has proven to be successful. Parking The City of Dublin Zoning Ordinance contains parking standards by use type (Section 8.76.080). The Zoning Ordinance requires that retail uses provide 1 parking space per 300 square feet. The subject building is 85,280 square feet, and with the addition of Savers to the existing Sports Authority retail store, the combined tenant parking requirement for the building will be 284 spaces. The project site has a total of 508 parking spaces, so an adequate number of parking spaces exist to meet the City's parking requirements. CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLAN AND ZONING ORDINANCE: The Project is consistent with the General Plan and Downtown Dublin Specific Plan land use designation of Downtown Dublin — Retail District which allows for a range of commercial uses, including retail stores. The Project is consistent with the Downtown Dublin Specific Plan Retail District zoning in that retail businesses are a permitted use and Recycling Facilities are permitted subject to approval of a Conditional Use Permit by the Planning Commission; and the development of the Project site complies with the development standards and design guidelines contained in the Downtown Dublin Specific Plan. REVIEW BY APPLICABLE DEPARTMENT AND AGENCIES: The Building Division, Fire Prevention Bureau, Public Works Department, and Dublin San Ramon Services District have reviewed the project and provided Conditions of Approval where appropriate to ensure that the project is established in compliance with all local ordinances and regulations. NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with State law, a Public Notice was mailed to all property owners and occupants within 300-feet of the proposed project. The Public Notice was also published in the Valley Times and posted at several locations throughout the City. To date, the City has received no comments from surrounding property owners regarding the Project. A copy of this Staff Report was provided to the Applicant. 5of7 ENVIRONMENTAL REVIEW: The California Environmental Quality Act (CEQA), together with the State Guidelines and City Environmental Regulations require that certain projects be reviewed for environmental impacts and when applicable, environmental documents prepared. For this project, Staff recommends that the project be found Categorically Exempt from the California Environmental Quality Act (CEQA) in accordance with Section 15301 (Minor alterations to existing facilities involving little or no expansion). The project involves no expansion of the existing commercial building, but includes only architectural modifications and a Conditional Use Permit for the operation of a Recycling Facility (Donation Center) within the same existing commercial building. ATTACHMENTS: 1) Approved Sports Authority SDR west elevation 2) Resolution approving a Site Development Review Permit for exterior modifications to a 39,780 square foot portion of an existing retail building and a Conditional Use Permit for the operation of a Recycling Facility (Donation Center) at 7117 Regional Street, with the Project Plans attached as Exhibit A. 6 of 7 GENERAL INFORMATION: APPLICANTh Philip L. Hawkins, Philip Hawkins Architect, Inc. + Associates, 735 Sunrise Avenue, Suite 101, Roseville, CA 95661 PROPERTY OWNER: David Wollenberg, Regional Street Joint Venture, c/o The Cortona Corporation, 800 El Camino Real, Suite 175, Menlo Park, CA 94025 LOCATION: 7117 Regional Street ASSESSORS PARCEL NUMBERS: 941-0305-017-02 GENERAL PLAN/SPECIFIC PLAN LAND USE DESIGNATION: Downtown Dublin — Retail District ZONING: Downtown Dublin Zoning District SURROUNDING USES: LOCATION ZONING GENERAL PLAN LAND USE CURRENT USE OF PROPERTY North DDZD Downtown Dublin — Retail District Commercial/Shopping Center South DDZD Downtown Dublin — Transit- Commercial/Shopping in Center Oriented District East DDZD Downtown Dublin — Retail District Commercial/Shopping Center West DDZD Downtown Dublin — Retail District 1 Commercial/Shopping Ce2Lerjl 7of7 m Q Lvj CL } mig� C) _ =° W r � Q -- W co uj tI J Q Z .y Z �aa '3 }I' 0� r ■ F■ H 00 LO aY a w, N W Cl?J'. t 4 W W ._ . LL X W W aC) ■ 41 C9 U') N N N .b �V c o o V W LL M E RESOLUTION NO. 13-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A SITE DEVELOPMENT REVIEW PERMIT FOR EXTERIOR MODIFICATIONS TO A 39,780 SQUARE FOOT PORTION OF AN EXISTING RETAIL BUILDING AND A CONDITIONAL USE PERMIT FOR THE OPERATION OF A RECYCLING FACILITY (DONATION CENTER) AT 7117 REGIONAL STREET (APN 941-0305-017-02) PLPA-2013-00001 WHEREAS, Philip Hawkins of Philip Hawkins Architect, Inc. and Associates (Applicant) and David Wollenberg of Regional Street Joint Venture (Property Owner), have requested Site Development Review approval to make exterior modifications to a 39,780 square foot portion of an existing retail building and a Conditional Use Permit for the operation of a Recycling Facility (Donation Center) at 7117 Regional Street (the "Project"); and WHEREAS, the Project is located in the Downtown Dublin Zoning District, and in accordance with Section 8.30.040 of the Dublin Municipal Code, all development in the Downtown Dublin Zoning District is subject to Site Development Review; and WHEREAS, the Applicant proposes to operate a Recycling Facility (Donation Center), which is permitted in the Downtown Dublin Zoning District subject to the approval of a Conditional Use Permit by the Planning Commission; and WHEREAS, the California Environmental Quality Act (CEQA), together with State Guidelines and City Environmental Regulations require that certain projects be reviewed for environmental impacts; and WHEREAS, the project is exempt from the California Environmental Quality Act (CEQA) in accordance with Section 15301 (Minor alterations to existing facilities involving little or no expansion). The Project involves no expansion of the existing commercial building, but includes only architectural modifications and a Conditional Use Permit for the operation of a Recycling Facility (Donation Center) within the same existing commercial building; and WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission recommending approval of the Site Development Review and Conditional Use Permit request; and WHEREAS, the Planning Commission held a public hearing on said application on April 9, 2013 at which time all interested parties had the opportunity to be heard; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the Planning Commission did hear and consider all reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project. ATTACHMENT 2 NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission does hereby make the following findings and determinations regarding the Site Development Review: A. The proposal is consistent with the purposes of Chapter 8.104 (Site Development Review), with the General Plan and with any applicable Specific Plans and Design Guidelines in that: 1) the building currently exists and the Project involves remodeling the existing facility for use by a retail tenant; 2) the proposed architectural modifications will enhance the building by providing articulated building entries and introducing new materials to the building while being well coordinated with the existing building materials and the surrounding buildings; and 3) retail uses are consistent with the General Plan Land Use designation of Downtown Dublin — Retail District. B. The proposal is consistent with the provisions of Title 8, Zoning Ordinance in that. 1) retail uses are permitted in the Downtown Dublin Zoning District; and 2) the Project's architectural features are well coordinated with the existing building design. C. The design of the project is appropriate to the City, the vicinity, surrounding properties, and the lot in which the project is proposed in that: 1) the proposed architectural modifications are designed to be well coordinated with the existing building materials and the surrounding buildings; and 2) retail uses are permitted in the Downtown Dublin Zoning District and the Project is surrounded by other complementary retail and service uses. D. The subject site is physically suitable for the type and intensity of the approved development in that: retail uses are consistent with the General Plan Land Use designation of Downtown Dublin — Retail District. E. Impacts to existing slopes and topographic features are addressed in that: the Project is located on a fully developed site that is generally flat. F. Architectural considerations including the character, scale and quality of the design, site layout, the architectural relationship with the site and other buildings, screening of unsightly uses, lighting, building materials and colors and similar elements result in a project that is harmonious with its surroundings and compatible with other development in the vicinity in that: 1) the proposed architectural modifications will enhance the building by providing articulated building entries and introducing new materials to the building while being well coordinated with the existing building materials and the surrounding buildings; 2) the proposed roof screens will shield all roof-mounted equipment from view from the public right-of-way; and 3) the Project includes a curbside pull-out lane that will provide a convenient drop-off point for patrons of the Donation Center. G. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, and similar elements have been incorporated into the project to ensure visual relief, adequate screening and an attractive environment for the public in that: 1) existing mature perimeter landscaping along both Dublin Boulevard and Regional Street will be retained; and 2) a substantial amount of new landscaping improvements were installed on the project site in 2011 as part of the Site Development Review for the Sports Authority retail store project. 2of20 H. The site has been adequately designed to ensure proper circulation for bicyclists, pedestrians and automobiles in that: 1) vehicular access is provided to the site from existing driveways along Dublin Boulevard and Regional Street; and 2) pedestrian access to the site can also be obtained from existing sidewalks along Dublin Boulevard and Regional Street. NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission does hereby make the following findings and determinations regarding the Conditional Use Permit: A. The proposed use and related structures is compatible with other land uses, transportation and service facilities in the vicinity in that: 1) the Project is located on a parcel intended for commercial development; 2) the Project is accessible from existing driveways along Dublin Boulevard and Regional Street; and 3) the Project is surrounded by complementary retail and service uses, and conditions of approval have been placed on the Project to regulate the donation drop-off and loading area in order to ensure compatibility with the surrounding uses. B. It will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare in that: 1) conditions of approval have been placed on the Project to help ensure that donated goods are not left outside during non-business hours; and 2) conditions of approval have been placed on the Project regulating the use and storage of trucks and trailers on the Project site. C. It will not be injurious to property or improvements in the neighborhood in that: 1) conditions of approval have been placed on the Project to ensure that the construction and use of the property will be in accordance with all local codes and regulations; and 2) the Project will be located on a parcel of land intended for commercial uses and is consistent with the Downtown Dublin Specific Plan and Zoning District. D. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use and related structures would not be detrimental to the public health, safety, and welfare in that: 1) prominent pedestrian access is provided across the site from Dublin Boulevard to the front of the building; 2) vehicular access is provided to the site from existing driveways along Dublin Boulevard and Regional Street; 3) pedestrian access to the site can also be obtained from existing sidewalks along Dublin Boulevard and Regional Street; 4) the Project consists of an existing building that will be served by existing public utilities, services and infrastructure; and 5) the Donation Center is consistent with a retail use intensity. E. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed in that: 1) the Project site is relatively flat and will be served by existing public utilities; 2) pedestrian access is provided across the site from Dublin Boulevard to the front of the building; 3) vehicular access is provided to the site from existing driveways along Dublin Boulevard and Regional Street; 4) all required parking will be provided on the Project site; 5) the Project includes a dedicated donation drop-off area; and 6) the Project site is an existing retail space and there is no use intensification. 3of20 F. It will not be contrary to the specific intent clauses, development regulations, or performance standards established for the zoning district in which it is located in that: 1) the Project is located within the Downtown Dublin Zoning District — Retail District and is surrounded by complementary retail and service uses; 2) the Project adheres to all development regulations set forth in the Downtown Dublin Specific Plan including setbacks, parking, and building height, among other regulations; and 3) the Recycling Facility (Donation Center) is a conditionally permitted use, and as conditioned is consistent with the Downtown Dublin Specific Plan and zoning. G. It is consistent with the Dublin General Plan and with any applicable Specific Plans in that: 1) the Project would be located on a parcel intended for commercial development; and 2) the Project adheres to all development regulations set forth in the Downtown Dublin Specific Plan. BE IT FURTHER RESOLVED that the Planning Commission does hereby approve a Site Development Review for exterior modifications to a 39,780 square foot portion of an existing retail building and a Conditional Use Permit for the operation of a Recycling Facility (Donation Center) at 7117 Regional Street as shown on the Project Plans date-stamped received by Dublin Planning on February 21, 2013 and attached as Exhibit A, subject to 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 Division review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [PL] Planning; [B] Building; [PO] Police; [PW] Public Works; [ADM] Administration/City Attorney; [FIN] Finance; [PCS] Parks and Community Services; [F] Dublin Fire Prevention; [DSR] Dublin San Ramon Services District; [LDD] Livermore Dublin Disposal; [CO] Alameda County Department of Environmental Health; [Zone 7] Alameda County Flood Control and Water Conservation District, Zone 7; [LAVTA] Livermore Amador Valley Transit Authority; and [CHS] California Department of Health Services. Agency When Source NO. CONDITIONS OF APPROVAL Required, Prior to: GENERAL 1. Approvals. This Site Development Review PL On-going Planning approval for Savers Thrift Superstore (PLPA- 2013-00001) at 7117 Regional Street establishes the detailed design concepts and regulations for the project. Development pursuant to this Site Development Review approval shall generally conform to the project plans prepared by Philip Hawkins, Architect dated received by Dublin Planning on February 21, 2013, stamped approved and on file in the Community Development Department, and other plans, text, and diagrams relating to this Site Development 4of20 Review approval, unless modified by the Conditions of Approval contained herein. This Conditional Use Permit approval for Savers (PLPA-2013-00001) is for the operation of a Recycling Facility (Donation Center) at 7117 Regional Street. This approval shall generally conform to the project plans prepared by Philip Hawkins, Architect dated received by Dublin Planning on February 21, 2013, stamped approved and on file in the Community Development Department, and other plans, text, and diagrams relating to this Conditional Use Permit approval, unless modified by the Conditions of Approval contained herein. 2. Effective Date. These Site Development Review PL On-going Standard and Conditional Use Permit approvals become effective 10 days after action by the Planning Commission (10 days after the date of this Resolution) unless appealed before that time in accordance with the Zoning Ordinance. 3. Permit Expiration. Construction or use shall PL 1 year from DMC commence within one (1) year of Permit approval approval 8.96.020.D or the Permit shall lapse and become null and void. Commencement of construction or use means the actual construction or use pursuant to the Permit approval, or demonstrating substantial progress toward commencing such construction or use. If there is a dispute as to whether the Permit has expired, the City may hold a noticed public hearing to determine the matter. Such a determination may be processed concurrently with revocation proceedings in appropriate circumstances. If a Permit expires a new application must be made and processed according to the requirements of the Ordinance codified in this subsection. 4. Time Extension. The Applicant may request an PL Expiration of DMC extension of approval prior to expiration of these permit 8.96.020.E permits in accordance with Chapter 8.96 (Permit Procedures). 5. Revocation. These permits shall be revocable PL On-going DMC for cause in accordance with Chapter 8.96 8.96.020.1 (Permit Procedures). Any violation of the terms or conditions of these permits may be subject to citation. 6. Modifications. Modifications or changes to PL On-going DMC these Site Development Review or Conditional 8.100, 8.104 5of20 Use Permit approvals shall be subject to review by the Community Development Director in accordance with Chapters 8.104 (Site Development Review), and 8.100 (Conditional Use Permit), respectively. 7. Clarifications and Changes to the Conditions. PL, PW On-going Planning & In the event that there needs to be clarification to Public these Conditions of Approval, the Directors of Works Community Development and/or Public Works have the authority to clarify the intent of these Conditions of Approval to the Applicant/ Developer by a written document signed by the Director of Community Development and/or Public Works and placed in the project file. The Directors also have the authority to make minor modifications to these conditions without going to a public hearing in order for the Developer to fulfill needed improvements or mitigations resulting from impacts of this project. 8. Requirements and Standard Conditions. The Various Issuance of Various Applicant/ Developer shall comply with applicable Building City of Dublin Fire Prevention Bureau, Dublin Permits Public Works Department, Dublin Building Department, Dublin Police Services, Alameda County Flood Control District Zone 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Department of Health Services requirements and standard conditions. Prior to issuance of building permits or the installation of any improvements related to this project, the Developer shall supply written statements from each such agency or department to the Planning Department, indicating that all applicable conditions required have been or will be met. 9. Fees. The Developer shall pay all applicable Various Issuance of Various fees in effect at the time of building permit Building issuance, including, but not limited to: Planning Permits fees; Building fees; Dublin San Ramon Services District fees; Public Facilities fees; City of Dublin Fire fees; Noise Mitigation fees; Inclusionary Housing In-Lieu fees; Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; or any other fee that may be adopted and applicable. 10. Hold Harmless/Indemnification. The Applicant/ ADM Through City Attorney Developer shall defend, indemnify, and hold completion harmless the City of Dublin and its agents, and 6of20 officers, and employees from any claim, action, or occupancy proceeding against the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law provided, however, that the Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying the Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. 11. Clean-up. The Applicant/Developer shall be PL Through Planning responsible for clean-up and disposal of project Completion related trash and for maintaining a clean, litter- free site. 12. Controlling Activities. The Applicant/Developer PL Through Planning shall control all activities on the project site so as Completion not to create a nuisance to the surrounding businesses and residences. 13. Construction Trailers, Storage Containers and PL Through Planning Equipment/Materials Storage Yard. Prior to the Completion placement of any construction trailer, storage container or equipment/ materials storage yard related to construction activities, a Temporary Use Permit shall be applied for and approved. 14. Temporary Promotional Signs. Temporary PL On-going DMC Promotional Signs shall be subject to prior review 8.84 and approval in accordance with Chapter 8.84 (Sign Regulations). PLANNING DIVISION - SITE DEVELOPMENT REVIEW 15. Colors. The exterior paint colors of the building PL Occupancy Planning are subject to City review and approval. The Applicant shall paint a portion of the building the proposed color(s) for review and approval by the Director of Community Development prior to ainting the entire building. 16. Equipment Screening. All electrical, fire service PL Building Planning and/or mechanical equipment shall be screened Permit from public view. Any roof-mounted equipment Issuance shall be completely screened from view (with the roof screens identified in the project plans) to the satisfaction of the Community Development Director. The Building Permit plans shall show the location of all equipment and screening for review and approval by the Director of 7of20 Community Development. 17. Signs. No signage is approved as part of this PL Ongoing Planning Site Development Review approval. All signs shall be reviewed and approved separately through a Master Sign Program (or MSP amendment, as appropriate). 18. Zoning Clearance for Permanent Signs. Even PL Installation of Planning after approval of a Master Sign Program, a tenant signs Zoning Clearance for Permanent Signs shall be applied for and approved by the Community Development Department prior to the installation of any tenant wall or monument si na e. 19. Repair of Building Wall (Signs). All mounting PL On-going Planning holes from previous signs shall be repaired and walls repainted when existing signs are removed as well as prior to mounting new signs. If the use ceases to operate for ninety (90) days, the tenant signs shall be removed and mounting holes and walls shall be repaired and repainted. 20. Window Signs. Window signs shall be less than PL On-going DMC 25% of the contiguous window area from which 8.84 they are viewed. 21. Sign Maintenance. All signs shall be well PL On-going Planning maintained in an attractive manner and in accordance with the approved plans. 22. Exterior Maintenance and Repair. All buildings, PL On-going Planning exterior furniture, and finishes on-site shall be regularly maintained and any damages repaired on an on-going basis. Buildings which have faded, cracked, chipped or peeling exterior paint shall be repainted and maintained in good condition at all times. Exterior paint colors are subject to review and approval by the Community Development Director in accordance with Chapter 8.104. 23. Occupancy Permits. Final inspection or PL, B Occupancy Planning & occupancy permits will not be granted until all Building construction is complete in accordance with approved plans and the conditions required by the City. 24. Prohibited Signage. The use of any A-Frame, PL Ongoing DMC portable or sandwich board signs on-site or within 8.84 the pu blic right-of-way is prohibited. 25. Light and Glare. All exterior lighting of the PL On-going Planning building(s) and/or site shall be directed downwards and not onto adjacent properties; all light sources shall be shielded from direct off-site viewing. 26. Property Maintenance. The Applicant/ PL During Planning 8of20 Developer and property owner shall be Construction, responsible for maintaining the site in a clean and Through litter free condition during construction and Completion through completion. Per the City of Dublin Non- and On-going Residential Property Maintenance Ordinance, DMC Section 5.64.050, the Applicant/ Property Owner shall maintain the building, site and all signage in good condition and shall keep the site clear of trash, debris and graffiti vandalism on a regular and continuous basis. PLANNING DIVISION -CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN[ 27. Non-Residential Security Requirements. The PL On-going Planning property owner and/or their designee shall comply with the City of Dublin Non-Residential Security Requirements. 28. Graffiti. The site shall be kept clear of graffiti PL On-going Planning vandalism on a regular and continuous basis. Graffiti resistant materials shall be used including but not limited to graffiti resistant paints for the structures and graffiti resistant film for windows or glass. 29. Employee Exit Doors. Employee exit doors shall PL Occupancy Planning be equipped with a 180-degree viewer or a burglary resistant window panel within the door from which to scan the exterior. PLANNING DIVISION —CONDITIONAL USE PERMIT 30. Trucks and Trailers. With the exception of the PL On-going Planning "bale trailer" and incoming product trailers that will be located against the east elevation loading dock, there shall be no storage of loading trucks, containers, carts, dollies or any similar item outside of the store. All other trucks and trailers shall be used for loading and unloading only, and shall be removed from the site once the loading/unloading is complete. All such trucks and trailers shall be parked in a designated parking or loading area and shall not block drive aisles. 31. Unattended Donations/Inspections. The PL On-going Planning Developer/Applicant, Store Manager, or other appropriate personnel, shall inspect the project site and building perimeter a minimum of two times each day during non-business hours to monitor the site, remove trash, and collect unattended donations for proper disposal. 32. Loading/Unloading. All goods which are PL On-going Planning donated, delivered or picked-up from the store shall be immediately located inside the store or truck. At no time shall these items be located 9 of 20 outside of the store, even on a temporary basis. 33. Security. Prior to accepting donations at the PL Occupancy Planning store, Applicant/Developer shall install a security and On-going system and associated signage that discourages the dropping-off of donations after hours. The signs shall be reviewed and approved by the Community Development Director for size and location prior to fabrication and installation. The security system and signage shall be maintained at all times. The security system shall have video surveillance capability as well as a flash type camera that captures a photograph with a flash and announces a recorded audio message stating that the business is closed and any material goods dropped off after normal business hours is considered littering and the person is trespassing. The video surveillance system shall record activity along the west side of the building and any area not covered by the flash type camera. Both camera systems shall have a recording capability. 34. Donation Removal. Donations or any debris PL On-going Planning associated with the Savers store shall be removed from adjacent properties. These areas shall also be regularly monitored by the store. 35. Conditions of Approval. A copy of these PL On-going Planning Conditions of Approval shall be kept inside the Savers store. Savers shall educate all employees and Store Managers on compliance with these conditions. 36. Use. All business, with the exception of loading PL On-going Planning and unloading of donations and/or goods, shall be conducted entirely within the building. 37. Temporary Use Permits. Any outdoor display of PL On-going Planning merchandise must be approved by means of the issuance of an approved Temporary Use Permit er DMC Section 8.108. 38. Inspection. Prior to accepting donations in this PL Accepting Planning store, Savers shall contact the Planning Division Donations to schedule an inspection with the Planning Division to ensure that all Conditions of Approval have been met. BUILDING 39. Building Codes and Ordinances. All project B Through Building construction shall conform to all building codes Completion and ordinances in effect at the time of building permit. 40. Building Permits. To apply for building permits, B Issuance of Building Applicant/ Developer shall submit five 5 sets of Building 10 of 20 construction plans, two (2) engineered calculation Permits reports, and two (2) energy reports to the Building Division for plan check. Each set of plans shall have attached an annotated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participation non- City agencies prior to the issuance of building permits. 41. Construction Drawings. Construction plans B Issuance of Building shall be fully dimensioned (including building Building elevations) accurately drawn (depicting all Permits existing and proposed conditions on site), and prepared and signed by a California licensed Architect or Engineer. All structural calculations shall be prepared and signed by a California licensed Architect or Engineer. The site plan, landscape plan and details shall be consistent with each other. 42. Addressing. Address will be required on all B Occupancy Building doors leading to the exterior of the building. Addresses shall be illuminated and be able to be seen from the street, 5 inches in height minimum. 43. Temporary Fencing. Temporary Construction B Through Building fencing shall be installed along perimeter of all Completion work under construction. 44. Green Building Guidelines. Applicant shall B Through Building incorporate Green Building Measures. Green Completion Building plan shall be submitted to the Building Official for review. The project shall comply with the CA Green Building Standards Code, as applicable. FIRE 45. Deferred Submittals. Provide on the Title or F Building Plan Fire Cover Sheet under the heading Deferred Check Submittals, all of the deferred submittal items. Submittal • Fire Sprinkler Modifications • Fire monitoring system install or modifications 46. Existing Fire Sprinkler Systems - Modifications F Building Plan Fire Sprinkler system shall be modified as necessary Check to provide protection for all tenant improvements. Submittal a) Sprinkler Plans. (Deferred Submittal Item). Submit detailed mechanical drawings 11 of 20 of all sprinkler modifications, including cut sheets, listing sheets and calculations to the Fire Department for approval and permit prior to installation. All sprinkler system components shall remain in compliance with the applicable N.F.P.A. 13 Standard, the CA Fire Code and the CA Building Code. 47. Fire Alarm (detection) System Required. A F Building Plan Fire Fire Alarm-Detection System shall be installed Check throughout the building so as to provide full Submittal property protection, including combustible concealed spaces, as required by NFPA 72. The system shall be installed in accordance with NFPA 72, Ca Fire, Building, Electrical, and Mechanical Codes. If the system is intended to serve as an evacuation system, compliance with the horn/strobe requirements for the entire building must also be met. All automatic fire extinguishing systems shall be interconnected to the fire alarm system so as to activate an alarm if activated and to monitor control valves. a) Fire Alarm Plans. (Deferred Submittal Item). Submit detailed drawings of the fire alarm system, including floor plan showing all rooms, device locations, ceiling height and construction, cut sheets, listing sheets and battery and voltage drop calculations to the Fire Department for review and permit prior to the installation. Where employee work areas have audible alarm coverage, circuits shall be initially designed with a minimum 20% spare capacity for adding appliances to accommodate hearing impaired employee's. 48. Main Entrance Hardware Exception. It is F Occupancy Fire recommended that all doors be provided with exit hardware that allows exiting from the egress side even when the door is in the locked condition. However, an exception for A-3, B, F, M, S occupancies and all churches does allow key- locking hardware (no thumb-turns) on the main exit when the main exit consists of a single door or pair of doors. When unlocked the single door or both leaves of a pair of doors must be free to 12 of 20 swing without operation of any latching device. A readily visible, durable sign on or just above the door stating "This door to remain unlocked whenever the building is occupied" shall be provided. The sign shall be in letters not less than 1 inch high on a contrasting background. This use of this exception may be revoked for cause. 49. Site Plan. The site plan needs to show sufficient F Building Plan Fire detail to reflect an accurate and detailed layout of Check the site for review and record purposes. The site Submittal plan will need a scale that will allow sufficient details for review purposes and include, but not be limited to the following: • The site parking and circulation layout including fences, gates, fire lane locations and turnarounds. • Location of all fire appliances including fire hydrants, fire connections, fire sprinkler risers, and fire control valves. • The location of all building openings including the exit discharge pathway for building exits. Note the location of exit lighting for these pathways as well. • The location of any overhead obstructions and their clearances • The location of property lines and assumed property lines between buildings on the same property as well as any easements. The site plan will also need to note the location and distance of fire hydrants that are along the property frontage as well as the closest hydrants to each side of the property that are located along the access roads that serves the property. In addition, the improved face of curb to face of curb or edge of pavement width of the access road that serves the property will need to be noted. 50. Canopy Materials. Review 2010 CA Building F Building Plan Fire Code section 3105.3 & 3105.4 for design and Check construction requirements for canopy materials. Submittal PUBLIC WORKS 51. Clarifications and Changes to the Conditions. PW Prior to Public In the event that there needs to be clarification to Issuance of Works these Conditions of Approval, the Directors of Sitework Community Development and Public Works Permit have the authority to clarify the intent of these 13 of 20 Conditions of Approval to the Applicant/Developer by a written document signed by the Directors of Community Development and Public Works and placed in the project file. The Directors also have the authority to make minor modifications to these conditions without going to a public hearing in order for the Applicant to fulfill needed improvements or mitigations resulting from impacts of this project. 52. Standard Public Works Conditions of PW Prior to Public Approval. Applicant/Developer shall comply Approval of Works with all applicable City of Dublin Public Works Improvement Standard Conditions of Approval. In the event Plans of a conflict between the Public Works Standard Conditions of Approval and these Conditions, these Conditions shall prevail. 53. Hold Harmless/Indemnification. The PW Through Public Developer shall defend, indemnify, and hold completion of Works harmless the City of Dublin and its agents, Improvements officers, and employees from any claim, action, and or proceeding against the City of Dublin or its Occupancy of advisory agency, appeal board, Planning the Building Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that the Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying the Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. 54. Grading/Sitework Permit. All site improvement PW Prior to Public work shall be performed per a Grading/Sitework Issuance of Works Permit issued by the Public Works Department. Grading/Site- Said permit will be based on the final set of civil work Permit plans to be approved once all of the plan check comments have been resolved. Please refer to the handout titled Grading/Site Improvement Permit Application Instructions for more information. The Applicant/Developer must fill in and return the applicant information contained on pages 2 and 3. 14 of 20 55. Site Plan. On-site improvements shall be PW Prior to Public designed in accordance with the approved site Issuance of Works plan, entitled "Savers Store # 1024 Dublin CA" Grading/Site- by Philip Hawkins, Inc. dated received by Dublin work Permit Planning on February 21, 2013. 56. Accessible Path of Travel. Applicant shall PW Prior to Public provide an accessible path of travel/walkway Issuance of Works from the parking area to the building entrance Grading/Site- per California Building Code requirements. Said work Permit walkway shall be 4'-minimum wide. 57. Vehicle Parking. Applicant shall repair any PW Prior to Public distressed areas of pavement obstructing the Occupancy Works path of travel. Parking space striping that is in poor condition shall be re-striped. All parking spaces shall be double striped using 4" white lines set approximately 2 feet apart according to City standards and §8.76.070 (A) 17 of the Dublin Municipal Code. All compact-sized parking spaces shall have the word "COMPACT" stenciled on the pavement within each space. 12"-wide concrete step-out curbs shall be constructed at each parking space where one or both sides abut a landscaped area or planter. 58. Site Accessibility Requirements. All parking PW Prior to Public spaces for the disabled and other physical site Occupancy Works improvements shall comply with current UBC Title 24 requirements and City of Dublin Standards for accessibility. 59. Signs and Pavement Markings. The PW Prior to Public Applicant/Developer shall be responsible for the Occupancy Works following on-site traffic signs and pavement markings: i. R100B (disabled parking regulations sign) shall be updated at the driveway entrances to the site with amended text to read "...may be reclaimed at DUBLIN POLICE or by telephoning (925) 833-6670". ii. Accessible parking signs and legends per State Title 24 requirements. 60. Occupancy Permit Requirements. Prior to PW Prior to Public issuance of an Occupancy Permit, the physical Occupancy Works condition of the project site shall meet minimum health and safety standards including, but not limited to the following: 15 of 20 i. Lighting for the building and parking lot shall be adequate for safety and security. Exterior lighting shall be provided for building entrances/exits and pedestrian walkways. Security lighting shall be provided as required by Dublin Police. ii. All construction equipment, materials, or on-going work shall be separated from the public by use of fencing, barricades, caution ribbon, or other means reasonably approved by the City Engineer/Public Works Director. iii. All fire hydrants for the building shall be operable and easily accessible to City and ACFD personnel. iv. All site features designed to serve the disabled (i.e. H/C parking stalls, accessible walkways, signage) for the building shall be installed and fully functional. 61. Erosion Control During Construction: PW Prior to Public Applicant/Developer shall include an Erosion Issuance of Works and Sediment Control Plan with the Grading Grading/Site- and Improvement plans for review and approval work Permit by the City Engineer/Public Works Director. and during Said plan shall be designed, implemented, and construction. continually maintained pursuant to the City's NPDES permit between October 1St and April 15th or beyond these dates if dictated by rainy weather, or as otherwise directed by the City Engineer/Public Works Director. 62. Construction Hours. Construction and grading PW During Public operations shall be limited to weekdays (Monday Construction Works through Friday) and non-City holidays between the hours of 7:30 a.m. and 5:00 p.m. The Applicant/Developer may request permission to work on Saturdays and/or holidays between the hours of 8:30 am and 5:00 pm by submitting a request form to the City Engineer no later than 5:00 pm the prior Wednesday. Overtime inspection rates will apply for all Saturday and/or holiday work. 63. Temporary Fencing. Temporary Construction PW During Public fencing shall be installed along perimeter of all Construction Works work under construction to separate the and construction operation from the public. All Occupancy construction activities shall be confined to within the fenced area. Construction materials and/or 16 of 20 equipment shall not be operated or stored outside of the fenced area or within the public right-of-way unless approved in advance by the City Engineer/Public Works Director. 64. Construction Noise Management Plan. PW During Public Developer shall prepare a Construction Noise Construction Works Management Plan, to be approved by the City and Grading Engineer and Community Development Director, Activities which identifies measures to be taken to minimize construction noise on surrounding developed properties. The Plan shall include hours of construction operation, use of mufflers on construction equipment, speed limit for construction traffic, haul routes and identify a noise monitor. Specific noise management measures shall be included in project plans and specifications. 65. Damage/Repairs. Applicant/Developer shall be PW Prior to Public responsible for the repair of any damaged Occupancy Works pavement, curb & gutter, sidewalk, or other public street facility resulting from construction activities associated with the development of the project. 66. Fees. The Applicant shall pay all applicable PW Prior to Public fees in effect at the time of building permit Issuance of Works issuance, including, but not limited to: Planning Building fees; Building fees; Dublin San Ramon Services Permit District fees; Public Facilities fees; City of Dublin Fire fees; Noise Mitigation fees; Inclusionary Housing In-Lieu fees; and Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees. 67. Lighting. The Applicant/Developer shall PW Prior to Public prepare a photometric plan to the satisfaction of Occupancy Works the City Engineer, Director of Community Development, the City's Consulting Landscape Architect and Dublin Police Services. A minimum of one foot-candle of light shall be provided and maintained across the surface of the parking lot. Any illumination, including security lighting, shall be directed away from adjoining properties, businesses or vehicular traffic so as not to cause any glare." 68. Geotechnical Report & Recommendations: PW Prior to Public The Applicant/Developer shall provide a site Issuance of Works s ecific geotechnical report prepared by a Building 17 of 20 reputable geotechnical engineer. The Permit Geotechnical Engineer shall certify that the project design conforms to the report recommendations prior to issuance of a Grading/Sitework Permit or Building Permit. All report recommendations shall be followed during the course of grading and construction. 69' Environmental Site Assessment: If, during PW Prior to Public construction of the Project, presently-unknown Occupancy Works hazardous materials are discovered, the Applicant/Developer shall adhere to the requirements of ACDEH, the Fire Marshal, the City, and/or other applicable agency to mitigate the hazard before continuing. 70' Trash Compactor: Per Chapter 7.98.050 of the PW Prior to Public Dublin Municipal Code, use of all compactors Occupancy Works shall be approved by the Public Works Director. If approved, the proposed trash compactor shall comply with the requirements of Chapter 7.98.050 of the Dublin Municipal Code. Unless otherwise approved by the City of Dublin's franchise waste hauler, a minimum of one hundred and five (105) feet for clear back- up length must be provided for service of compactor and the immediate approach to the compactor shall be at least thirty (30) feet long, on a flat and level surface. A covering shall be provided over all compacters. If approved, the proposed Trash Compactor must be serviced at least once per week. 71' Trash Enclosure: Approval and inclusion of a PW Prior to Public trash compactor on site shall not supplant the Occupancy Works requirement for the provision of a trash enclosure to accommodate other waste generated by the store site per Chapter 7.98.050 of the Dublin Municipal Code. The trash enclosure shall comply with all of the requirements of Chapter 7.98 of the Dublin Municipal Code. The trash enclosure shall be architecturally designed to be compatible with the building. The doors must be designed with self-closing gates that can be locked closed and can also be held open with pin locks during loading. All trash bins used for this site shall be maintained within the trash bin enclosure(s) at all times. An area drain shall be installed within the trash enclosure with a connection to the 18 of 20 i I i sanitary sewer system. In addition, a hose bib shall be provided for convenient wash-down of the trash enclosure. The enclosure shall not obstruct access (24' min wide drive aisle) and shall have accessible route and entrance door. 72- Drainage System Maintenance: The PW On-going Public applicant/developer shall maintain the existing Works storm drainage system to the satisfaction of the Public Works Director by instituting housekeeping practices to ensure that leaves or other debris do not plug the on-site catch basins and by taking other measures as necessary to keep the drainage system operating as intended. DUBLIN SAN RAM©N SERVICES DISTRICT 73. Plan Submittal. Prior to issuance of any building DSR Issuance of DSRSD permit, complete improvement plans shall be Building submitted to DSRSD that conform to the Permits 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. 74. Fees. Prior to issuance by the City of any DSR Issuance of DSRSD Building Permit or Construction Permit by the Building Dublin San Ramon Services District, whichever Permits comes first, all utility connection fees including DSRSD and Zone 7, plan checking fees, inspection fees, connection fees, and fees associated with a wastewater discharge permit shall be paid to DSRSD in accordance with the rates and schedules established in the DSRSD Code. 75. Improvement Plans. Prior to issuance by the DSR Issuance of DSRSD City of any Building Permit or Construction Permit Building by the Dublin San Ramon Services District, Permits whichever comes first, all improvement plans for DSRSD facilities shall be signed by the District Engineer. Each drawing of improvement plans shall contain a signature block for the District Engineer indicating approval of the sanitary sewer or water facilities shown. Prior to approval by the District Engineer, the applicant shall pay all required DSRSD fees, and provide an engineer's estimate of construction costs for the sewer and water systems, a performance bond, a one-year maintenance bond, and a comprehensive general liability insurance policy in the amounts and forms that are acceptable to 19 of 20 DSRSD. The applicant shall allow at least 15 working days for final improvement drawing review by DSRSD before signature by the District Engineer. 76. Hold Harmless/Indemnify. The applicant shall DSR On-going DSRSD hold DSRSD, its Board of Directors, commissions, employees, and agents of DSRSD harmless and indemnify and defend the same from any litigation, claims, or fines resulting from the construction and completion of the project. 77. Plan Review. No additional water or sewer DSR Issuance of DSRSD demand is expected from this exterior Building modification. Therefore, no additional water or Permits sewer capacity fees are expected; but plans must be reviewed and approved by DSRSD per District regulations. PASSED, APPROVED AND ADOPTED this 9th day of April 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Assistant Community Development Director G:IPAA20131PLPA-2013-00001 Savers MSP CUP SDRIPC 04.09.20131PC Reso.doc 20 of 20 N F Z d W � x 89GV6ua`Nnana AIMS IVN0153U L I I L _ 1 All Q VINHOdlIV3 E ;��€� • If I n t . ' :voaG# aois cm E e 1111i t g y " a a 1 111 , f M '� • J d 1 111! j Call s r u r :w w ♦arwrrl:tl�Y4 S . p l4� STOP L; , Fal , II \ u ® .-+ a / a \ � o J Q •I m •� _ ICI / // � 0 R I i III � �•_ ® ® El O OlS dOlS } _ L O y O I,I, iSTOP �� STOP - STOP ,,,. n STOP STOP n STOP k �(P(C r dOlS ' '*. - dO1S N a �... 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W 4 2 o W 0 O CL J z Z fill 1 r 0 0 o � Z Q z Q z z z a o LU Z m J 0 J N W CL W I Z LU O U U \ Q M N �•.+s�-e•}��nwl�.-e•�•IA•�rAO>•�•�s�MeVwAw�Il1��M�w rNwwf��w l•�•N.WW��� a� STAFF REPORT PLANNING COMMISSION 04LIFO��l� DATE: April 9, 2013 TO: Planning Commission SUBJECT: PUBLIC HEARING: PLPA-2012-00016 Valero Service Station Mini-Mart Expansion and Drive-Through Carwash Conditional Use Permit and Site Development Review Report prepared by: Mamie R. Delgado, Senior Planner EXECUTIVE SUMMARY: The Applicant is requesting approval of a Conditional Use Permit and Site Development Review to expand an existing 1,485 square foot mini-mart by 1,545 square feet for the operation of a 3,030 square foot 7-Eleven, construct a new 767 square foot automated drive-through carwash and associated site improvements. The project is located at 7840 Amador Valley Boulevard within the Retail District of the Downtown Dublin Zoning District and Specific Plan. RECOMMENDATION: Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the public hearing; 3) Take testimony from the Applicant and the public; 4) Close the public hearing and deliberate; and 5) Adopt a Resolution approving a Conditional Use Permit and Site Development Review for the Valero Service Station Mini-Mart Expansion and Drive-Through Carwash. __ Submitted EYy R wed By Senior Planner Assistant Community Development Director COPIES TO: Applicant Property Owner File ITEM NO.: 911 Page 1 of 9 DESCRIPTION: Figure 1. Project Site (7840 Amador Valley Blvd) The Project site is located at the - southeast corner of Amador Valley Boulevard and Regional Street and is `. currently developed with the Valero Service Station and Mini-Mart. Adjacent uses include commercial shopping centers to the north (Shamrock Village) and to the ' east/south (Dublin Plaza Center), and another Service Station to the west. The site is approximately .55 acres in size and has a General Plan and �ltk Zoning designation of Downtown Dublin — Retail District. The Applicant is proposing to expand the existing mini-mart for a 7-Eleven convenience store, construct a new drive-through carwash, and install associated site improvements including parking, landscaping and new trash and electrical enclosures. N The Service Station was originally approved by the Alameda County Zoning Administrator on May 12, 1971 and was subsequently constructed in 1972. The Service Station included auto repair within an enclosed building. In 1985, the Service Station was operated by Texaco at which time a Conditional Use Permit and Site Development Review were granted by the Dublin Planning Commission to convert the auto repair building to a convenience food store. In 1988 Exxon purchased the service station and in 1989 the Dublin Planning Commission approved a Conditional Use Permit for the continued operation of the service station and mini-mart as a 24 hour service operation. The service station and mini-mart are now owned and operated by Dublin Valero who is requesting approval of a Conditional Use Permit and Site Development Review to expand the existing 1,485 square foot mini-mart by 1,545 square feet for the operation of a 3,030 square foot 7-Eleven and construct a new 767 square foot automated drive-through carwash. The Downtown Dublin Zoning District refers to the Downtown Dublin Specific Plan for permitted, conditional and prohibited uses. In the Retail District of the Downtown Dublin Specific Plan, a gas station and mini-mart are considered an Auto Services/Sales use and are subject to approval of a Conditional Use Permit by the Zoning Administrator; a drive-through carwash is considered a Drive-Through/Drive-In Business and is subject to approval of a Conditional Use Permit by the Planning Commission. Additionally, the Downtown Dublin Zoning District requires a Site Development Review permit for all development within the District. In accordance with the Dublin Zoning Ordinance Site Development Review Regulations (Section 8.104.040.C.3), any addition in a commercial zoning district that is greater than 1,000 square feet shall be reviewed by the Planning Commission. 2of9 Because the drive-through carwash and the Site Development Review require Planning Commission approval, the Zoning Administrator is referring its hearing jurisdiction on the gas station and mini-mart to the Planning Commission in accordance with the Dublin Zoning Ordinance Permit Procedures (Section 8.96.020.C.2). ANALYSIS: Conditional Use Permit A Conditional Use Permit enables the City to place conditions of approval on a project to ensure that the operating characteristics are compatible with surrounding uses. The proposed Project has been reviewed for issues related to parking, hours of operation, vehicle stacking at the carwash, and other operational characteristics. Conditions of approval have been placed on the Project, where appropriate, to ensure on-going compatibility with surrounding commercial properties. Service Station and Mini-Mart The Applicant is requesting to expand an existing mini-mart for the operation of a 3,030 square foot 7-Eleven convenience store which would continue to be operated 24 hours a day (Attachment 1). The existing gas station and mini-mart employs 4 individuals; 2 additional employees would be needed as a result of the mini-mart expansion for a total of 6 employees. Four employees would be working on the largest shift. No changes are proposed to the operation of the existing gas pumps. In order to ensure on-going compatibility with surrounding commercial properties, conditions of approval have been placed on the project prohibiting loudspeakers or amplified music outside of the building; requiring all activities associated with the mini-mart to be conducted entirely indoors; and, prohibiting the outdoor display of merchandise except as permitted pursuant to the Dublin Zoning Ordinance Temporary Use Permit regulations (Chapter 8.108). Drive-Through Carwash The Applicant proposes to construct a 767 square foot automated, drive-through carwash. The proposed carwash would be open 24 hours a day; 7 days a week (see Attachment 1). The carwash has been reviewed for safe vehicular access and circulation and meets the Dublin Zoning Ordinance Off-Street Parking and Loading Regulations requirement for providing 100- feet of stacking capacity (Section 8.76.070.A.10.C). The nearest residential uses are more than 500-feet away and are blocked by other commercial buildings. Therefore, these uses will not be impacted by noise associated with the carwash. Parking The Dublin Zoning Ordinance Off-Street Parking and Loading Regulations (Chapter 8.76) sets forth the required parking for a Service Station with Mini-Mart. A Service Station with Mini-Mart is required to provide 1 parking space for every 300 square feet of commercial sales area with a 5 space minimum. The proposed 3,030 square foot 7-Eleven would have 1,411 square feet of commercial sales area and requires 5 parking spaces. Nine parking spaces would be provided on-site. 3 of 9 The Dublin Zoning Ordinance does not provide a parking requirement for an automated drive- through carwash; however, the parking requirement for a Drive-in/Drive-through Business is determined through the Conditional Use Permit process. Due to the nature of an automated car wash, no additional parking is proposed to be required. The drive-through provides at least 100- feet of stacking capacity as required by the Dublin Zoning Ordinance Off-Street Parking and Loading Regulations (Section 8.76.070.A.10). Site Development Review Site Layout The Project site currently has two driveways, one off of Amador Valley Boulevard and the other off of Regional Street. The driveway along Regional Street is proposed to be removed and the area converted from a vehicular access point to parking (Attachment 2, Sheets A1.1A and A1.1). The driveway along Amador Valley Boulevard will remain and will be upgraded to meet current City Standards. Two additional driveways, just outside of the project boundary, one on Amador Valley Boulevard and the other on Regional Street, also provide reciprocal access to the project site from the adjacent shopping center and would continue to be accessible under the proposed site plan. The driveway along Amador Valley Boulevard (just outside of the project boundary) would be reconstructed by the Applicant and upgraded to meet current City standards. Existing public sidewalks along the perimeter of the project site would continue to provide pedestrian access to the site. A new, accessible pedestrian walkway would be constructed between Regional Street and the entrance to the expanded mini-mart (Attachment 2, Sheet A1.1). The existing mini-mart is located near the southeast corner of the site and would be expanded further east and south. The entrance to the mini-mart would remain facing the intersection of Amador Valley Boulevard and Regional Street and a second entrance would be added along the expanded portion of the building. The new carwash would be constructed on the east side of the building with the vehicular access beginning along the Regional Street frontage and wrapping around the south side of the building; the exit to the carwash would face the Amador Valley Boulevard frontage. An arched entry is proposed to be constructed at the entrance leading to the carwash (Attachment 2, Sheet A1.1 and 3.2). A new trash and electrical enclosure would be constructed on the west side of the building near the entrance to the carwash. Seven parking spaces would be located along the western frontage adjacent to Regional Street and an additional two parking spaces for access to the air/water and vacuum stations would be located along the Amador Valley Boulevard frontage (Attachment 2, Sheet A1.1). No changes are proposed to the existing gas pumps or canopy. Downtown Dublin Specific Plan Design Guidelines The Downtown Dublin Specific Plan contains Design Guidelines for development occurring within the Specific Plan Area. Some of the design standards contained in the Design Guidelines are required while others are recommended. The Design Guidelines require that all building facades that are visible from the public realm be designed with similar architectural elements, materials and colors as the front fagade. Due to the location of the project at the corner of Regional Street and Amador Valley Boulevard and the 4of9 adjacency of the Dublin Plaza Center parking lot, the project is largely visible from the public realm on all four sides. As a result, the Applicant proposes to incorporate the same architectural elements, materials and colors on all four sides of the Mini-mart and car wash building. The existing Mini-mart has a natural brick veneer finish on all four sides; this natural brick veneer would be incorporated into the Mini-mart expansion and new carwash along the lower half of the building creating a defined base and reducing the visual heaviness of the existing brick veneer which covers the entire Mini-mart building. A new 2-inch deep horizontal band would define the transition between the brick veneer base and the cement plaster finish proposed for the upper half of the expanded Mini-mart and new carwash building. The horizontal band would also have a cement plaster finish but would be distinguished from the upper portions of the building by color. There would be two main body colors on the building, the natural brick veneer and a soft gray (Kelly Moore: Seattle). The horizontal accent band would be painted a medium gray (Kelly Moore: Granite Cliff) which would also be used along a 2-inch deep trim along the building parapet. The existing and expanded portions of the Mini-mart would have a tile roof with a turquoise trim (Kelly Moore: Great Blue Green) to reflect the Valero corporate color. While corporate colors are discouraged in the Design Guidelines, the Applicant feels strongly about retaining this element of the project. All door and window trim is proposed to be painted a warm beige (Kelly Moore: Earth Stone). A proposed arched entry to the carwash as well as a proposed trash enclosure and electrical enclosure would incorporate similar colors and materials to maintain a unified look throughout the site (Attachment 2, Sheets A1.3 and A3.2). The Design Guidelines encourage muted and soft colors that are complementary to one another with 1-2 main colors and up to 3 accent colors. As described above, the color palette for the project includes 2 body colors (brick veneer and a soft gray) and 3 accent colors (medium gray, warm beige and turquoise). The roof tile is proposed to be a terra cotta color to match the existing mini-mart roof and provides an additional accent color to compliment the color palette. The Design Guidelines recommend that buildings located near major street intersections be treated as signature buildings and include a unique design feature such as a tower or other enhanced design that is oriented towards the street. Due to the projects location at the intersection of Regional Street and Amador Valley Boulevard a tower element has been incorporated into the project. The tower element is 22-feet high; 6-feet taller than the Mini-mart and carwash building. The maximum height allowed for tower elements in the Retail District of the Downtown Dublin Zoning District is 85-feet. The tower would include all of the architectural elements found on the building including a tile roof, plaster cement finish on the tower walls, a horizontal accent band, and a brick veneer base. The Design Guidelines also require that facades visible from streets and parking areas be articulated to improve design quality. As noted above, the project is located at the intersection of Regional Street and Amador Valley Boulevard and is adjacent to the parking lot of the Dublin Plaza Center; the location of the project makes it visible from streets and parking areas on all four sides. The small size of the existing mini-mart building does not lend itself to much articulation; however, the additions to the building to accommodate the expanded mini-mart and carwash provide some opportunities to incorporate changes in the building plane and thus articulate the building. Along the front elevation, the tower element provides the most prominent articulation of the building and along the side of the new carwash a proposed trellis aids in breaking up the plane of this side of the building which is viewed from the parking lot of the 5 of 9 Dublin Plaza Center. The rear of the building also includes changes in the wall plane as vehicles maneuver around the building into the carwash entry. The side elevation along Regional Street would be completely blocked by a proposed trash enclosure and electrical enclosure which themselves would be partially obscured by landscaping along the project frontage. The Design Guidelines encourage varying roof forms that are compatible with the overall style and character of the building. As noted above, the existing mini-mart building has a tile roof that would be carried over onto the expanded portions of the mini-mart as well as the tower element. The carwash would have a flat roof screened by a parapet with a 2-inch deep building trim. This change in roof form distinguishes the carwash from the mini-mart while consistent architectural elements (brick veneer base, horizontal trim band, plaster cement finish) continue to tie the two uses together in a uniform fashion. Floor Plan As noted above, the existing 1,485 square foot mini-mart would be expanded by 1,545 square feet for the operation of a 3,030 square foot 7-Eleven. The new mini-mart would contain approximately 1,411 square feet of commercial sales area with the remainder of the building containing two backrooms, a carwash equipment room, walk in cooler, office, utility room and restrooms (Attachment 2, Sheet A2.1). The sales area would feature a coffee island, beverage bar, sandwich case, hot food area, and beverage coolers. Landscaping In accordance with the Streetscape Master Plan, new tree grates would be installed around the three existing street trees along Amador Valley Boulevard and two new Callery Pear street trees and tree grates would be installed along Regional Street (Attachment 2, Sheets A1.1 and L1.1). The Downtown Dublin Specific Plan requires a 5-foot landscaped buffer between sidewalks and parking areas and a minimum tree planter width of 5-feet. Much of the existing site contains perimeter landscaped planters with a variety of plant material. The existing planter along Amador Valley Boulevard would be extended east and modified to accommodate two new parking spaces adjacent to an air/water and vacuum station (Attachment 2, Sheet L1.1). The minimum width of this planter would be 5-feet. The existing planter at the corner of Amador Valley Boulevard and Regional Street would be retained in its current configuration and additional plant material would be installed to fill in any bare spots. The existing planter along Regional Street would be extended north and modified to accommodate the new parking area which would replace the existing driveway. A variety of trees, shrubs and groundcover would fill out this landscaped area (Attachment 2, Sheet 1.1.). The minimum width of this planter would be 5-feet. The existing landscaped planter along the eastern property line would be replaced with a new 4- foot wide planter and would include a new wooden trellis along the eastern wall of the carwash (Attachment 2, Sheets A1.1, A3.1, and L1.1). Vines would be planted at the base of the trellis and trained to climb the structure to soften this elevation of the building. The planter would be filled out with shrubs. In order to maintain the required vehicular drive-aisle width on the adjacent shopping center property, the eastern landscaped planter would taper from 4-feet wide to 1-foot wide at the back 6of9 corner of the property. A new, split rail fence is proposed within this 1-foot area and would extend along the southern property line as well to discourage pedestrian cut-through traffic at the entrance to the carwash (Attachment 2, Sheets A1.3 and 1-1.1). Vines would be planted at the base of the fence and trained to wrap around the fence rails. The landscaped planter along the southern property line would be widened to 5-feet. This planter would be located on the adjacent shopping center property and would require that the existing angled parking spaces be restriped (Attachment 2, Sheets A1.1 and L1.1). The adjacent property owner has provided their consent for the Applicant to make these improvements on their property. An additional landscaped area would be constructed on the south side of the proposed electrical enclosure to soften the wall of the enclosure. CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLAN AND ZONING ORDINANCE: The Project is consistent with the General Plan land use designation of Downtown Dublin — Retail District which allows for range of uses consistent with the Downtown Dublin Specific Plan. The Project is consistent with the Downtown Dublin Specific Plan land use designation of Downtown Dublin — Retail District in that Service Stations and Drive-Through Carwashes are a conditionally permitted use and the development of the Project site complies with the development standards and design guidelines contained in the Downtown Dublin Specific Plan. REVIEW BY APPLICABLE DEPARTMENT AND AGENCIES: The Building Division, Fire Prevention Bureau, Public Works Department, Dublin Police Services and Dublin San Ramon Services District reviewed the Project and provided Conditions of Approval where appropriate to ensure that the Project is established in compliance with all local Ordinances and Regulations. Conditions of Approval from these departments and agencies have been included in the attached Resolution (Attachment 3). NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with State law, a Public Notice was mailed to all property owners and occupants within 300 feet of the proposed Project. A Public Notice was also published in the Valley Times and posted at several locations throughout the City. To date, the City has received no objections from surrounding property owners regarding the Project. A copy of this Staff Report has been provided to the Applicant and the Property Owners. ENVIRONMENTAL REVIEW: The Project is located within the Downtown Dublin Specific Plan area, which was the subject of an Environmental Impact Report (EIR), State Clearinghouse #20100022005. The Downtown Dublin Specific Plan Final EIR was certified by City Council Resolution No. 08-11 dated February 1, 2011. Pursuant to the California Environmental Quality Act (CEQA) Guidelines section 15168, Staff is recommending that the Planning Commission find the Valero Service Station Mini-Mart Expansion and New Carwash Conditional Use Permit and Site Development Review within the scope of the project analyzed in the Specific Plan EIR and find that no further CEQA review or document is required. 7of9 ATTACHMENTS: 1) Written Statement dated received by Dublin Planning on November 5, 2012. 2) Project Plans dated received by Dublin Planning on February 13, 2013. 3) Resolution approving a Conditional Use Permit and Site Development Review for the Valero Service Station Mini-Mart Expansion and Drive-Through Carwash. 8 of 9 GENERAL INFORMATION: APPLICANT: David J. Elliot, DJE & Associates, 17800 Cunha Lane, Salinas, CA 93907 PROPERTY OWNER: Cliff Hung, Dublin Valero, Inc. 7840 Amador Valley Boulevard, Dublin, CA 94568 LOCATION: 7840 Amador Valley Boulevard ASSESSORS PARCEL NUMBER: 941-0305-020-02 GENERAL PLAN LAND USE DESIGNATION: Downtown Dublin — Retail District SPECIFIC PLAN LAND USE DESIGNATION: Downtown Dublin Specific Plan/Retail District SURROUNDING USES: LOCATION ZONING GENERAL PLAN LAND USE CURRENT USE OF PROPERTY North DDZD Downtown Dublin — Retail District Commercial South DDZD Downtown Dublin — Retail District Commercial East DDZD Downtown Dublin — Retail District Commercial West DDZD Downtown Dublin — Retail District Commercial 9 of 9 f i E � David J. Elliott & Associates Planning Architecture [_ Interiors ` 178€}0 Cunha Lane �t Salinas, California 93907 Tel. 8311663-1418 Fax. 8311663-6385 November 2, 2012 City of Dublin Planning Department DuCivic Plaza RMEI `,CD C?rtbiiri, GA 94568 V C Attn: Marnie R. Delgado, Senior planner SUBJECT: Valero/7-11 cuPIsDR NOV - 5 2012 Fhis is to respond to your plan check(via email)last November 1, 2012. DUBLIN PLANNING 000�l� 1. What type of business, activity or use are you proposing? PAPA-cola- The existing business is a gas station and a convenience store. The proposed project is an expansion of the existing convenience store and an addition of an automated drive through carwash. 2. How many Employees will you have or propose to have? The existing business currently has y employees. An additional employee will be employed with the proposed convenience store expansion, having a total of& employees. 3, What are the proposed hours and days of operation? The proposed convenience store expansion and automated drive through carwash will be open 24 hours, 7 days a week. 4. Will your business, activity or use target a specific segment of the community? Since the existing business is already a"gas station with a convenience store, the same customers who frequent the existing business will be the same customers targeted for the proposed prrrject: We are not anticipating additional traffic. We are only providing added value to the customers by having.a bigger convenience store and now an automated drive through cat-rash to have that one step shop experience of filling trp your tank,getting a snack, and washing your cat. 5, In what ways will your business, activity or use benefit the community? By providing a one stop shop where customers can till up their tarok, buy snacks,and get a carwash, this equates to less traffic on the read because instead of doing 3 separate trips to fill up, buy snacks,and gel a earwash; now they can do it in one location. Less traffic means less car emissions which is better for the environment Also, with the convenience store expansion and the addition of the automated drive through carwash means more tax revenue for the City of Dublin that can be used for community irnprovernents and services, 5. Are there any ways in which your business,activity or use may disrupt the peace of the surrounding residents or businesses? Alo, since the existing business is already a gas station with a convenience store and has been in the community for years with no history of disrupting the peace in the surrounding residents or businesses, So by expanding the existing convenience store and adding an automated drive through carwash, we don't anticipate this to change. ATTACHMENT 1 We are also installing closed circuit television (CCTV)inside and outside the buildings and throughout the entire site to closely monitor the business 24 hours a day, 7 days a week, 7. Are there any ways in which your business,activity or use have a negative effect on the health or safety of persons residing or working in the vicinity, or be detrimental to the public health,safety or general welfare. No, since the existing business is already a gas station with a convenience store and has been in the community for years with no history of negative effect on the health or safety of persons residing or working or safety or general welfare, So by expanding the existing convenience store and detrimental to the public health, Saf Orkin in the vicinity, adding an automated drive through carwash, we don't anticipate this to change. 8- Will your business,activity or use create any negative impacts an property,transportation systems or existing improvements in the neighborhood? No, since the existing business is already a gas station with a convenience store and has been in the community for years with no history of negative impacts on property, transportation systems or existing improvements in the neighborhood. So by expanding the existing convenience store and adding a automated drive through carwash, Also, since our target market is the existing customer's who frequent the we don't anticipate this to change i n rw existing business, we are only providing an added value to Our customers by pro experybnce.�� viding a one stop shop 9. Describe how the design of the project including site layout, structures,vehicular access, circulation and parking etc,will provide a desirable environment for the future development, When designing the proposed project, providing a desirable environment for the future development was one of the design concepts. We achieved this with the convenience store expansion by tying into the existing convenience store building, thus transforming the unused space t the back,of the property i t a s b and profitable space. This location also meant doubling the size of the existing convenience store without cramming up the site. The new automated drive through carwash was also located at the back of the property to achieve the same purpose of utilizing unused space and turning it into a profitable space without cramming:the site. While the existing site had 5 parking spaces, by redesigning the site, we were able to double that and have 10 parking spaces and still keep a positive flow of traffic throughout the site. 10. Is the site physically suitable for the type and intensity of development proposed? yes, the site is physically suitable for the type and intensity of development proposed. The location of proposed buildings where strategically situated to not disrupt the positive traffic flow throughout the site. Parking was also a design consideration with the expansion of the existing convenience store, but was addressed by redesigning the Site, We vvere able to increase the number of existing spaces from 5 to 10.' 11. Describe how the proposed development may impact views. When designing the convenience store expansion and the addition of the automated ddVe through carwash,the challenge was how do you add a building to an existing building without making it look like an "add-ote We resolved this by using similar materials and finishes thus keeping the architectural theme Of the existing building. 12, Describe the physical characteristics of the site including existing slopes and topographic features. The existing site is relatively t7at. No grade change and major excavations are expected except for fboffng excavations along the convenience store expansion and additional automated dtive through canvash. Also minor trenching along additional underground utility lines. '18. be-scribe the architectural design/theme of the development including character,.scale and quality of the design, and explain how the project will relate to and be compatible with the existing site and the character of adjacent buildings, neighborhoods and uses. When designing the convenience store expansion and the addition of the automated drive through carwash,the challenge was how do you add a building to an existing building without making it look like ate"add-on". We resolved this by using similar materials and finishes thus keeping the architectural theme Of the existing building, ....................... ...................................... 14. Describe how the landscape features have been designed so as to insure visual relief and an attractive environment for the public. Landscaping was a major design consideration for this project. We wanted to have a site that was functional and aesthetically pleasing as well and we know that landscaping plays a big role in this So with the help of a landscape designer who proposed local and taw maintenance plants throughout the site, we were able to achieve our goal. Also,in areas where we wanted to maximize drivewayfaccess space{functionality}and still have landscaping(aesthetics), we used a product called turf blocks drive-able lawn. 15. Is the proposed project located on a hazardous waste and substances site(pursuant to Government Code Section 65962.5)7 (A list is of these sites is available in the Department of Community Development.) No, the proposed project is not located on a hazardous waste and substances site. :pincer , David J. Ellio , Prind I Architect Oavid J. 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Nf Il c m m a RESOLUTION NO. 13-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW FOR THE VALERO SERVICE STATION MINI-MART EXPANSION AND DRIVE-THROUGH CARWASH 7840 AMADOR VALLEY BOULEVARD (APN 941-0305-020-02) PLPA-2012-00016 WHEREAS, the Applicant has requested approval of a Conditional Use Permit for the expansion and continued operation of a service station Mini-Mart and the establishment and operation of a drive-through carwash, and Site Development Review for the construction of a 1,545 square foot addition to the existing service station Mini-Mart, a 767 square foot automated drive-through carwash, and associated site improvements; and WHEREAS, the Project is located in the Downtown Dublin (D-D) Zoning District; and WHEREAS, a Service Station with a mini-mart is conditionally permitted in the D-D Zoning District subject to approval of a Conditional Use Permit by the Zoning Administrator; and WHEREAS, the Zoning Administrator is referring its hearing jurisdiction on the Service Station and mini-mart to the Planning Commission in accordance with the Dublin Zoning Ordinance Permit Procedures (Section 8.96.020.C.2); and WHEREAS, a Drive-in/Drive-through Car Wash is conditionally permitted in the D-D Zoning District subject to approval of a Conditional Use Permit by the Planning Commission; and WHEREAS, in accordance with Sections 8.30.040 and 8.104.040.C.3 of the Dublin Municipal Code, all development in the D-D Zoning District and all additions 1,000 square feet or more are subject to Site Development Review and shall be reviewed by the Planning Commission; and WHEREAS, the California Environmental Quality Act (CEQA), together with State Guidelines and City Environmental Regulations required that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, the project is located within the Downtown Dublin Specific Plan area, which was the subject of an Environmental Impact Report (EIR), State Clearinghouse #20100022005. The Downtown Dublin Specific Plan Final EIR was certified by City Council Resolution No. 08- 11 dated February 1, 2011. Pursuant to the California Environmental Quality Act (CEQA) Guidelines section 15168, Staff is recommending that the Planning Commission find the Valero Service Station Mini-Mart Expansion and New Carwash Conditional Use Permit and Site Development Review within the scope of the project analyzed in the Specific Plan EIR and find that no further CEQA review or document is required; and WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission recommending approval of the Conditional Use Permit and Site Development Review request; and ATTACHMENT 3 WHEREAS, the Planning Commission held a public hearing on said application on April 9, 2013 at which time all interested parties had the opportunity to be heard; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project. NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission does hereby make the following findings and determinations regarding the Conditional Use Permit: A. The proposed use and related structures is compatible with other land uses, transportation and service facilities in the vicinity in that. 1) the Project would be located on a commercial parcel of land currently developed as a service station and a 24-hour Mini-Mart has been in operation at this location since 1985. Furthermore, the addition of an automated carwash is a common amenity associated with a service station and would be located among other commercial properties; 2) the Project is located at the intersection of Amador Valley Boulevard and Regional Street and borders the parking lot of the adjacent Dublin Plaza Center; 3) the Project would be accessible from an existing driveway along Amador Valley Boulevard and additional driveways along the adjacent Dublin Plaza Center shopping center also provides reciprocal access to the Project site; and 4) adequate parking would be provided on-site in accordance with Chapter 8.76 (Off- Street Parking and Loading Regulations). B. It will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare in that. 1) the Project would be located on a commercial parcel of land currently developed as a service station with a 24-hour convenience store and is located near other commercial properties including two shopping centers and another service station; and 2) Conditions of Approval have been placed on the Project to ensure that the construction and use of the property will be in accordance with all local codes and regulations. C. It will not be injurious to property or improvements in the neighborhood in that: 1) the Project would be located on a commercial parcel of land currently developed as a service station with a 24-hour Mini-Mart and is consistent with the Downtown Dublin Zoning District and Specific Plan; and 2) conditions of approval have been placed on the Project to ensure that the construction and use of the property will be in accordance with all local codes and regulations. D. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use and related structures would not be detrimental to the public health, safety, and welfare in that. 1) vehicular access to the site is available from Amador Valley Boulevard and Regional Street; 2) the Amador Valley Boulevard and Regional Street frontages are fully improved with sidewalks that provide pedestrian access to the Project site; 3) the Project will be served by existing public utilities; and 4) the Project includes a new trash enclosure that will be constructed in accordance with current solid waste and recycling requirements. 2 of 20 E. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed in that. 1) the Project site is relatively flat and will be served by existing public utilities; 2) the Project site is accessible from existing driveways along Amador Valley Boulevard and Regional Street; and 3) all required parking will be provided on the Project site in accordance with Chapter 8.76 (Off-Street Parking and Loading Regulations). F. It will not be contrary to the specific intent clauses, development regulations, or performance standards established for the zoning district in which it is located in that. 1) the Project is located within the Retail District of the Downtown Dublin Zoning District and Specific Plan and service stations with Mini-Marts and carwashes are conditionally permitted; 2) the Project includes a pedestrian connection between Regional Street and the entrance of the Mini-Mart; and 3) the Project adheres to all applicable development regulations set forth in the Downtown Dublin Specific Plan. G. It is consistent with the Dublin General Plan and with any applicable Specific Plans in that. 1) the Project would be located on a commercial parcel of land currently developed as a service station with a 24-hour Mini-Mart; and 2) the Project adheres to all applicable development regulations set forth in the Downtown Dublin Specific Plan. NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission does hereby make the following findings and determinations regarding the Site Development Review: A. The proposal is consistent with the purposes of Chapter 8.104, with the General Plan and with any applicable Specific Plans and design guidelines in that. 1) the Project has been designed with colors, materials and finishes on all four sides of the building that complement the surrounding environment; 2) the Project complies with the development regulations and design guidelines set forth in the Downtown Dublin Specific Plan; and 4) the Project will provide adequate circulation for automobiles and pedestrians. B. The proposal is consistent with the provisions of Title 8, Zoning Ordinance in that. 1) the Project requires Site Development Review and a complete application has been filed; 2) the Project provides the amount of required on-site in accordance with Chapter 8.76 (Off- Street Parking and Loading Regulations); and 3) the Project complies with the development regulations and design guidelines contained in the Downtown Dublin Specific Plan. C. The design of the project is appropriate to the City, the vicinity, surrounding properties and the lot in which the project is proposed in that. 1) the Project has been designed with colors, materials and finishes on all four sides of the building that complement the surrounding environment; and 2) the Project complies with the development regulations and design guidelines set forth in the Downtown Dublin Specific Plan. D. The subject site is physically suitable for the type and intensity of the approved development in that. 1) the Project would be located on a commercial parcel of land that is currently developed as a service station with a 24-hour Mini-Mart; 2) the addition of an automated carwash is a common amenity associated with a service station and would be located among other commercial properties; 3) the Project site is relatively flat and will be served by existing public utilities; 4) the Project site will be accessed from existing 3 of 20 driveways along Amador Valley Boulevard and Regional Street; and 5) all required parking will be provided on-site in accordance with Chapter 8.76 (Off-Street Parking and Loading Regulations). E. Impacts to existing slopes and topographic features are addressed in that: 1) the Project site is currently developed as a service station with a 24-hour Mini-Mart and is relatively flat with no significant slopes or topographic features. F. Architectural considerations including the character, scale and quality of the design, site layout, the architectural relationship with the site and other buildings, screening of unsightly uses, lighting, building materials and colors and similar elements result in a project that is harmonious with its surroundings and compatible with other development in the vicinity in that: 1) the Project has been designed with colors, materials and finishes on all four sides of the building that complement the surrounding environment; 2) the Project consists of an addition to an existing Mini-Mart and a new automated drive-through carwash and is compatible in scale to the surrounding shopping centers and a nearby service station; 3) the Project is located with convenient access from Amador Valley Boulevard and Regional Street; 4) the Project complies with applicable development regulations and design guidelines set forth in the Downtown Dublin Specific Plan for the Retail District; and 5) a condition of approval has been placed on the project requiring all roof mounted equipment to be completely screened from public view. G. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, and similar elements have been incorporated into the project to ensure visual relief, adequate screening and an attractive environment for the public in that: 1) the Project is attractively landscaped with perimeter landscaping along all property lines; and 2) the Project includes a variety of plant species that create an attractive environment as viewed from the public right-of-way. H. The site has been adequately designed to ensure proper circulation for bicyclists, pedestrians and automobiles in that: 1) vehicular access to the Project site is existing and includes driveways along Amador Valley Boulevard and Regional Street; and 2) pedestrian access to the Project site can also be obtained from existing sidewalks along Amador Valley Boulevard and Regional Street and a new accessible walkway will be provided from Regional Street to the entrance of the Mini-Mart. BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby find that the project is located within the Downtown Dublin Specific Plan area, which was the subject of an Environmental Impact Report (EIR), State Clearinghouse #20100022005. The Downtown Dublin Specific Plan Final EIR was certified by City Council Resolution No. 08-11 dated February 1, 2011. Pursuant to the California Environmental Quality Act (CEQA) Guidelines section 15168, the Planning Commission finds the Valero Service Station Mini-Mart Expansion and New Carwash Conditional Use Permit and Site Development Review within the scope of the project analyzed in the Specific Plan EIR and find that no further CEQA review or document is required. BE IT FURTHER RESOLVED that the Planning Commission does hereby approve a Conditional Use Permit for the expansion and continued operation of a service station Mini- Mart and the establishment and operation of a drive-through carwash and Site Development Review for the construction of a 1,545 square foot addition to the existing service station Mini- 4 of 20 Mart, a 767 square foot automated drive-through carwash, and associated site improvements as shown on the project plans, date stamped received by Dublin Planning on February 13, 2013, and incorporated by reference, subject to the following conditions of approval: CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to establishment of use and shall be subject to Planning Division review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [PL] Planning; [B] Building; [PO] Police; [PW] Public Works; [ADM] Administration/City Attorney; [FIN] Finance; [PCS] Parks and Community Services; [F] Dublin Fire Prevention; [DSR] Dublin San Ramon Services District; [LDD] Livermore Dublin Disposal; [CO] Alameda County Department of Environmental Health; [Zone 7] Alameda County Flood Control and Water Conservation District, Zone 7; [LAVTA] Livermore Amador Valley Transit Authority; and [CHS] California Department of Health Services. When NO. CONDITIONS OF APPROVAL Agency Required, Source Prior to: GENERAL 1. Approval. This Conditional Use Permit and Site PL Planning Development Review approval is for the expansion of the existing Mini-Mart at Dublin Valero for a new 7/11 convenience store and the construction of a new car wash (PLPA-2012- 00016). This approval shall supersede all previous Conditional Use Permit and Site Development Review approvals for the Service Station and Mini-Mart, with the exception of signage. This approval shall be as generally depicted and indicated on the plans prepared by David J. Elliott & Associates dated received by Dublin Planning on February 13, 2013, the Written Statement dated received by Dublin Planning on November 5, 2012, and other plans, text and diagrams related to this approval, stamped approved and on file in the Community Development Department, except as modified by the following Conditions of Approval. 2. Effective Date. This Conditional Use Permit and PL DMC Site Development Review approval becomes 8.96.020.H effective 10 days following action by the Planning and Commission unless appealed before that time in 8.136 accordance with the Dublin Zoning Ordinance. 3. Permit Expiration. Construction or use shall PL 1 year from DMC commence within one (1) year of Permit approval approval 8.96.020.D or the Permit shall lapse and become null and void. 5 of 20 4. Time Extension. The original approving PL 1 year from DMC decision-maker may, upon the Applicant's written approval 8.96.020.E request for an extension of approval prior to expiration, and upon the determination that any Conditions of Approval remain adequate to assure that applicable findings of approval will continue to be met, grant a time extension of approval for a period not to exceed six (6) months. All time extension requests shall be noticed and a public hearing or public meeting shall be held as required by the particular Permit. 5. Modifications. The Community Development PL On-going DMC Director may consider modifications or changes 8.100 & to this Permit approval if the modifications or 8.104 changes proposed comply with applicable sections of the Zoning Ordinance. 6. Revocation of Permit. This Conditional Use PL On-going DMC Permit and Site Development Review approval 8.96.020.1 shall be revocable for cause in accordance with Section 8.96.020.1 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. 7. Requirements and Standard Conditions. The Various Issuance Various Applicant/Developer shall comply with applicable of building City of Dublin Fire Prevention Bureau, Dublin permits or Public Works Department, Dublin Building installation Department, Dublin Police Services, Alameda of improve- County Flood Control District Zone 7, Livermore ments Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Department of Health Services requirements and standard conditions. Prior to issuance of building permits or the installation of any improvements related to this project, the Developer shall supply written statements from each such agency or department to the Planning Department, indicating that all applicable conditions required have been or will be met. 8. Fees. Applicant/Developer shall pay all applicable Various Issuance Various fees in effect, including, but not limited to, of building Planning fees, Building fees, Traffic Impact Fees, permits TVTC fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees (per agreement between Developer and School District), Fire Facilities Impact fees, Noise Mitigation fees, Inclusionary Housing In-Lieu fees, Alameda 6 of 20 County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; or any other fee that may be adopted and a licable. 9. Indemnification. The Developer shall defend, ADM On-going Admin/City indemnify, and hold harmless the City of Dublin Attorney and its agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that The Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying The Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or roceedin s. 10. Clarifications to the Conditions of Approval. In PL, PW On-going Planning the event that there needs to be clarification to these Conditions of Approval, the Directors of Community Development and Public Works have the authority to clarify the intent of these Conditions of Approval to the Applicant/Developer by a written document signed by the Directors of Community Development and Public Works and placed in the project file. The Directors also have the authority to make minor modifications to these conditions without going to a public hearing in order for the Applicant to fulfill needed improvements or mitigations resulting from im acts of this project. 11. Controlling Activities. The Applicant/Developer PL Through Planning shall control all activities on the project site so as construct- not to create a nuisance to existing/surrounding ion and on- businesses and/or residences. going 12. Clean-up. The Applicant/Developer shall be PL Through Planning responsible for clean-up and disposal of project construct- related trash to maintain a safe, clean, and litter- ion free site. 13. Property Maintenance. The Applicant/ PL On-going DMC Developer and property owner shall be 5.64.050 responsible for maintaining the site in a clean and 7 of 20 litter free condition during construction and through completion. Per the City of Dublin Non- Residential Property Maintenance Ordinance, DMC Section 5.64.050, the Applicant/ Property Owner shall maintain the building, site and all signage in good condition and shall keep the site clear of trash, debris and graffiti vandalism on a regular and continuous basis. 14. Accessory/Temporary Structures and Uses. A PL Placement DMC Temporary Use Permit is required for all on-site 8.108 construction trailers, security trailers and storage containers used during construction. 15. Temporary Promotional Banners and PL On-going DMC Balloons. Temporary Promotional Banner Signs 8.84 and Balloons are subject to compliance with Cha ter 8.84 of the Dublin Zoning Ordinance. CONDITIONAL USE PERMIT: AUTO SERVICE/SALES & DRIVE-THROUGH (CARWASH) 16. Approval Period. This Conditional Use Permit PL On-going Planning approval shall be null and void in the event the approved expanded use fails to be established within one year, or ceases to operate for a continuous one-year period. 17. Annual Review. On an annual basis, this PL Annually Planning Conditional Use Permit approval may be subject to a review by the Community Development Director to determine compliance with the Conditions of Approval. 18. Hours of Operation. The approved hours of PL On-going Planning operation are 24 hours a day/7 days a week. The business owner shall be responsible for ensuring that all activities on the property are controlled in a manner that minimizes impacts on surrounding businesses and/or residents. 19. Parking. The parking area shall be used in the PL On-going Planning manner represented in application plans, written and verbal statements and other documents, and as stipulated in this Conditional Use Permit. 20. Noise/Nuisances and Outdoor Activities. No PL On-going Planning loudspeakers or amplified music shall be permitted outside the enclosed building. All activities associated with the Mini- Mart/convenience store shall be conducted entirely within the enclosed building. No merchandise shall be placed outside of the store for display or sale except as approved pursuant Ito a Temporary Use Permit. SITE DEVELOPMENT REVIEW 21. Equipment Screening. All electrical, mechanical PL Issuance Planning and fire service equipment shall be screened of building 8of20 from public view. Any roof-mounted equipment permits shall be completely screened from view by materials architecturally compatible with the building and to the satisfaction of the Community Development Director. The Building Permit plans shall show the location of all equipment and screening for review and approval by the Community Development Director. 22. Exterior Paint Colors. The Applicant/Contractor PL Painting Planning shall paint a portion of the building(s) the the entire proposed colors in their correct locations and building(s) schedule a Planning inspection to review and approve the final paint colors prior to painting the entire building(s). 23. Glare/Reflective Finishes. The use of reflective Issuance Planning finishes on building exteriors is prohibited. In of building order to control the effects of glare, reflective permits lass is prohibited on all east-facing windows. 24. Bicycle Racks. Prior to the issuance of building PL Issuance DMC permits, the Applicant/Developer shall work with of building 8.76 Staff to provide sufficient bicycle racks at various permits locations throughout the project site. The bicycle racks shall be unobtrusive and out of the path of travel. 25. Signs. All signage shall conform to Chapter 8.76 PL On-going DMC of the Dublin Zoning Ordinance at all times. 8.84 Window signs shall be limited to 25% of the window area. All temporary promotional signs and banners require a Zoning Clearance from the Planning Division prior to installation. LANDSCAPING 26. Final Landscape and Irrigation Plans. Final PL Issuance Planning Landscape and Irrigation Plans prepared and of building stamped by a State licensed landscape architect permits or registered engineer shall be submitted for review and approval by the City Engineer and the Community Development Director. These plans shall be coordinated with on-site civil, streetlights, and utility improvement plans. The final landscape plans shall be stamped approved by the Community Development Department. The Final Landscape Plans shall be generally consistent with the preliminary landscape plan prepared by David J. Elliott & Associates, dated received by Dublin Planning on February 13, 2013, except as modified by the Conditions listed below and as required by the Community Development Director. 27. Plant Species. Plant species shall be selected PL Issuance Planning according to use, sun/shade location ands ace of building 9of20 availability. The landscape plan should include permits plant species that are not salt-sensitive. Street trees shall be high-branching and produce minimal litter. 28. Slopes. The landscape plan shall address slopes PL Issuance Planning within the property, including erosion, of building maintenance and irrigation issues. All slopes shall permits have a one-foot level area at top and bottom of the slope for maintenance. 29. Landscaping at Street/Drive Aisle PL Issuance Planning Intersections. Landscaping shall not obstruct the of building sight distance of motorists, pedestrians or permits bicyclists. Landscaping, and/or landscape structures such as walls, at drive-aisle intersections shall not be taller than 30 inches above the curb, except for trees. Landscaping shall be kept at a minimum height and fullness, giving patrol officers and the general public surveillance capabilities of the area. 30. Standard Plant Material, Irrigation and PL Issuance Planning Maintenance Agreement. The Applicant/ of building Developer shall complete and submit to the Dublin permits Planning Division the Standard Plant Material, Irri ation and Maintenance Agreement. 31. Plant Standards. All trees shall be 24 inch box PL Issuance Planning minimum, with at least 30% at 36 inch box or of building greater; all shrubs shall be 5 gallon minimum. permits 32. Devices. The Landscape Plan shall show the PL Issuance Planning location of all backflow prevention devices, of building detector check valves, utility boxes and fire permits sprinkler risers. The location and screening of these devices shall be reviewed and approved by City staff. 33. Root Barriers and Tree Staking. The landscape PL Issuance Planning plans shall provide details showing root barriers of building and tree staking installation, which meet current permits City s ecifications. 34. Water Efficient Landscaping Ordinance. The PL Issuance Planning Applicant/Developer shall submit written of building documentation to the Public Works Department (in permits the form of a Landscape Documentation Package and other required documents) that the development conforms to the City's Water Efficient Landscaping Ordinance. 35. Landscape Edges. Concrete curbs or bands shall PL Issuance Planning be used at the edges of all planters adjacent to of building paved surfaces. The design width and depth of the permits concrete edge shall be to the satisfaction of the Community Development Director and Public 10 of 20 Works Director. CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN 36. Non-Residential Security Requirements. The PL, B, Issuance Various property owner and/or their designee shall PW of building comply with the City of Dublin Non-Residential permits Security Requirements. and On- going 37. Lighting/Photometric Plan. The Applicant/ PL, PW Issuance Various Developer shall prepare a photometric plan to the of building satisfaction of the Directors of Public Works and permits Community Development. Exterior lighting shall and On- be provided within parking areas, along walkways going and on buildings and shall be directed downwards, not onto adjacent properties and shielded from direct off-site viewing. Exterior lighting shall be of a design and placement so as not to cause glare on adjoining properties, businesses, residences or vehicular traffic. A minimum of one foot-candle of light shall be provided and maintained across the surface of all parking areas and walkways. Lighting used after daylight hours shall be adequate to provide for security needs. 38. Landscaping. Landscaping shall be kept at a PL On-going Planning minimal height and fullness giving patrol officers and the general public surveillance capabilities of the area. 39. Graffiti. The site shall be kept clear of graffiti PL, PW, On-going Various vandalism on a regular and continuous basis. PO Graffiti resistant materials shall be used including but not limited to graffiti resistant paints for the structures and graffiti resistant film for windows or lass. BUILDING DIVISION 40. Building Codes and Ordinances. All project B Through Building construction shall conform to all building codes Completion and ordinances in effect at the time of building permit. 41. Building Permits. To apply for building permits, B Issuance Building Applicant/Developer shall submit: five (5) sets of of Building construction plans, two (2) engineered calculation Permits reports, two (2) copies of a current soils report, and a review letter from the Geotechnical Engineer approving the foundation design to the Building Division for plan check. Each set of plans shall have attached an annotated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans 11 of 20 will not be accepted without the annotated resolutions attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participation non- City agencies prior to the issuance of building permits. 42. Construction Drawings. Construction plans B Issuance Building shall be fully dimensioned (including building of Building elevations) accurately drawn (depicting all Permits existing and proposed conditions on site), and prepared and signed by a California licensed Architect or Engineer. All structural calculations shall be prepared and signed by a California licensed Architect or Engineer. The site plan, landscape plan and details shall be consistent with each other. 43. Addressing. Address will be required on all B Occupancy Building doors leading to the exterior of the building. Addresses shall be illuminated and be able to be seen from the street, 5 inches in height minimum. 44. Engineer Observation. The Engineer of record B Frame Building shall be retained to provide observation services Inspection for all components of the lateral and vertical design of the building, including nailing, hold- downs, straps, shear, roof diaphragm and structural frame of building. A written report shall be submitted to the City Inspector prior to scheduling the final frame inspection. 45. Air Conditioning Units. Air conditioning units B Occupancy Building and ventilation ducts shall be screened from of Unit public view with materials compatible to the main building. Units shall be permanently installed on concrete pads or other non-movable materials to be approved by the Building Official and Director of Community Development. 46. Temporary Fencing. Temporary construction B Through Building fencing shall be installed along perimeter of all Completion work under construction. 47. Green Building Guidelines. To the extent B Through Building practical the applicant shall incorporate Green Completion Building Measures. Green Building plan shall be submitted to the Building Official for review. The project shall comply with the CA Green Building Standards Code, as applicable. 48. Cool Roofs. Flat roof areas shall have their B Through Building roofing material coated with light colored gravel or Completion painted with light colored or reflective material designed for Cool Roofs. 49. lElectronic File. The applicant/developer shall B Final Building 12 of 20 submit all building drawings and specifications for Occupancy this project in an electronic format to the satisfaction of the Chief Building Official prior to the issuance of building permits. Additionally, all revisions made to the building plans during the project shall be incorporated into an "As Built" electronic file and submitted prior to the issuance of the final occupancy. FIRE PREVENTION 50. The building including carport and attached trash F Issuance Fire enclosure will be required to be equipped with fire of building sprinklers per Dublin Municipal Code permits requirements. 51. The project will be subject to all fire code F Issuance Fire requirements in effect at the time of building of building permit plan check submittal. permits PUBLIC WORKS DEPARTMENT 52. Compliance. The Developer shall comply with PW On-going Public the City of Dublin Zoning and Grading Works Ordinances, the City of Dublin Public Works Standards and Policies, and all building and fire codes and ordinances in effect at the time of buildin permit. 53. Wells or Exploratory Boring. Any water well, PW Through Public cathodic protection well, or exploratory boring on Completion Works the project property must be properly abandoned, backfilled, or maintained in accordance with applicable groundwater protection ordinances. For additional information contact Alameda County Flood Control, Zone 7. 54. Encroachment Permit. An encroachment permit PW On-going Public from the Public Works Department may be Works required for any work done within the public right- of-way even if covered under an Improvement Agree ent. 55. Easement Abandonment. The Developer shall PW Issuance Public obtain abandonment from all applicable public of Grading/ Works agencies of existing easements and right of ways Sitework that will no longer be used. Permit 56. Easements. The Developer shall acquire PW Issuance Public easements, and/or obtain rights-of-entry from the of Grading/ Works adjacent property owners for any improvements Sitework on their property. The easements and/or rights-of- Permit entry shall be in writing and copies furnished to the Cit Engineer. 57. Sidewalks. All public sidewalks must be within PW Issuance Public City right-of-way or in a pedestrian access of Grading/ Works easement unless approved by the City Engineer. Sitework Permit 13 of 20 58. Grading Plan. The Grading Plan shall be in PW Issuance Public conformance with the recommendations of the of Grading/ Works Geotechnical Report, the approved Tentative Sitework Map, and the City design standards & Permit ordinances. In case of conflict between the soil engineer's recommendations and City ordinances, the City Engineer shall determine which shall apply. 59. Public Improvements. All public improvements PW Issuance Public shall conform to the City of Dublin Standard Plans of Grading/ Works and design requirements and as approved by the Sitework City En ineer. Permit 60. Water and Sewer Facilities. Developer shall PW Issuance Public construct all potable and recycled water and of Grading/ Works sanitary sewer facilities required to serve the Sitework project in accordance with DSRSD master plans, Permit standards, specifications and requirements. 61. Fire Hydrants. Fire hydrant locations shall be PW Issuance Public approved by the Alameda County Fire of Grading/ Works Department. A raised reflector blue traffic marker Sitework shall be installed in the street opposite each Permit hydrant. 62. Street Signs. The Developer shall furnish and PW Occupancy Public install street name signs, and traffic signs & Works marking for the project as required by the City Engineer. 63. Drainage. Roof drainage shall drain across bio- PW Issuance Public swales or into bio-filters prior to entering the of Building Works storm drain system as shown on the approved Permit site plan. The landscaping and drainage improvements in the bio-swale and bio-filters shall be appropriate for water quality treatment. Concentrated flows will not be allowed to drain across public sidewalks. 64. Underground Utilities. If the applicant proposes PW Occupancy Public to underground existing electrical, gas, telephone, Works and Cable TV utilities, shall be underground in accordance with the City policies and ordinances. All utilities shall be located and provided within public utility easements and sized to meet utility company standards. 65. Utility Vaults. To the maximum extent PL, PW Issuance Public practicable, all utility vaults, boxes and structures of Grading/ Works shall be underground and placed in landscape Sitework areas and screened from public view. All utility Permit vaults, boxes and structures shall be shown on landscape plans and approved by the City Engineer and Community Development Director prior to construction. 14 of 20 PUBLIC WORKS — PROJECT SPECIFIC 66. Standard Public Works Conditions of PW Prior to Public Approval. Applicant/Developer shall comply with Approval of Works all applicable City of Dublin Public Works Improve- Standard Conditions of Approval. In the event of ment Plans a conflict between the Public Works Standard Conditions of Approval and these Conditions, these Conditions shall prevail. 67. Grading/Sitework Permit. All improvement work PW Through Public must be performed per a Grading/Sitework Permit completion Works issued by the Public Works Department. Said of Improve- permit will be based on the final set of civil plans ments and to be approved once all of the plan check Occupancy comments have been resolved. Please refer to of the the handout titled Grading/Site Improvement Building Permit Application Instructions and attached application (three 8-1/2" x 11" pages) for more information. The Applicant/Developer must fill in and return the applicant information contained on pages 2 and 3. The current cost of the permit is $100.00 due at the time of permit issuance, although the Applicant/Developer will be responsible for any adopted increases to the fee amount. 68. Site Plan. On-site improvements shall be PW Prior to Public designed in accordance with the approved site Issuance Works plan, entitled "Valero-7 Eleven Convenience of Grading/ Store Expansion" by David J. Elliott & Sitework Associates", dated 6/29/12 with revision date Permit 11/15/12, Sheets 1-13. 69. Accessible Path of Travel. Applicant shall PW Prior to Public provide an accessible path of travel/walkway from Issuance Works the public sidewalk on Regional Street to the of Grading/ building entrance and an accessible parking stall Sitework at the southwest area of the site as shown on the Permit Site Plan, in conformance with California Building Code requirements. Said walkway shall be 4'- minimum clear width. 70. Vehicle Parking. Applicant should repair any PW Prior to Public distressed areas of pavement obstructing the Issuance of Works path of travel. All parking spaces shall be double Grading/ striped using 4" white lines set approximately 2 Sitework feet apart according to City Standards and Permit §8.76.070 (A) 17 of the Dublin Municipal Code. All compact-sized parking spaces shall have the word "COMPACT" stenciled on the pavement within each space. 12"-wide concrete step-out curbs shall be constructed at each parking space where one or both sides abuts a landscaped area 15 of 20 or planter. 71. Site Accessibility Requirements/Driveways. All PW Prior to Public parking spaces for the disabled, and other Occupancy Works physical site improvements, including the proposed driveways along Amador Valley Boulevard and Regional Street shall comply with current CBC Title 24 requirements and City of Dublin Standards for accessibility. 72. Signs and Pavement Markings. The Applicant/ PW Prior to Public Developer shall be responsible for the following Occupancy Works on-site traffic signs and pavement markings: • Accessible parking signs and legends per State Title 24 requirements. • The word "Compact" shall be stenciled on the pavement surface within each compact parking space. • No Stopping/Fire Lane. 73. Tree Wells. Applicant shall construct tree wells, PW Prior to Public install trees and tree grates as noted on the Site Occupancy Works Plan, and in conformance with the "Downtown Streetsca a Master Plan". 74. Occupancy Permit Requirements. Prior to PW Prior to Public issuance of an Occupancy Permit, the physical Occupancy Works condition of the project site shall meet minimum health and safety standards including, but not limited to the following: • Lighting for the building and parking lot shall be adequate for safety and security. Exterior lighting shall be provided for building entrances/exits and pedestrian walkways. Security lighting shall be provided as required by Dublin Police. • All construction equipment, materials, or on- going work shall be separated from the public by use of fencing, barricades, caution ribbon, or other means reasonably approved by the City Engineer/Public Works Director. • All fire hydrants for the building shall be operable and easily accessible to City and ACFD personnel. • All site features designed to serve the disabled (i.e. H/C parking stalls, accessible walkways, signage) for the building shall be installed and fully functional. 75. Stormwater Runoff Treatment and PW Prior to Public Calculations. Issuance of Works • Applicant/Developer shall complete the Grading/ "Stormwater Requirements Checklist" and Sitework provide an accompanying exhibit Permit 16 of 20 demonstrating compliance with requirements set forth by the Municipal Regional Stormwater Permit. • Applicant shall incorporate all necessary stormwater runoff, conveyance and treatment measures and details into the Site Improvement Plans. Applicant shall also provide all necessary support calculations demonstrating full compliance. • Stormwater treatment design shall comply with the C-3 Stormwater Technical Guidance issued by Alameda Countywide Clean Water Program. • Runoff from landscape areas shall not drain across sidewalk areas. 76. Stormwater Treatment Measure Maintenance PW Prior to Public Agreement. Applicant/Owner shall enter into a Occupancy Works "Stormwater Treatment Measure Maintenance Agreement" with the City of Dublin for maintenance of stormwater treatment measures constructed at the site. 77. Carwash. Drainage from car wash shall be PW Prior to Public connected to the sanitary sewer system meeting Issuance of Works DSRSD requirements. Grading, drainage and Grading/ utility plans shall show all necessary Sitework improvements and details demonstrating Permit requirement conformance. 78. Trash Enclosure. Trash enclosures shall meet PW Prior to Public all requirements set forth in the Dublin Municipal Issuance of Works Code (DMC), Chapter 7.98. Design and details Grading/ shall be shown on the Site Improvement Plans. Sitework Permit 79. Erosion Control During Construction. PW Prior to Public Applicant/Developer shall include an Erosion and Issuance Works Sediment Control Plan with the Grading and of Grading/ Improvement plans for review and approval by Sitework the City Engineer/Public Works Director. Said Permit and plan shall be designed, implemented, and during continually maintained pursuant to the City's construc- NPDES permit between October 1St and April 15th tion or beyond these dates if dictated by rainy weather, or as otherwise directed by the City Engine r/Public Works Director. 80. Construction Hours. Construction and grading PW During Public operations shall be limited to weekdays (Monday Construc- Works through Friday) and non-City holidays between tion the hours of 7:30 a.m. and 5:30 p.m. The Applicant/Developer may request permission to work on Saturdays and/or holidays between the 17 of 20 hours of 8:30 am and 5:00 pm by submitting a request form to the City Engineer no later than 5:00 pm the prior Wednesday. Overtime inspection rates will apply for all Saturday and/or holiday work. 81. Temporary Fencing. Temporary Construction PW During Public fencing shall be installed along perimeter of all Construc- Works work under construction to separate the tion and construction operation from the public. All Occupancy construction activities shall be confined to within the fenced area. Construction materials and/or equipment shall not be operated or stored outside of the fenced area or within the public right-of- way unless approved in advance by the City Engine r/Public Works Director. 82. Construction Noise Management Plan. PW During Public Developer shall prepare a Construction Noise Construc- Works Management Plan, to be approved by the City tion and Engineer and Community Development Director Grading that identifies measures to be taken to minimize Activities construction noise on surrounding developed properties. The Plan shall include hours of construction operation, use of mufflers on construction equipment, speed limit for construction traffic, haul routes and identify a noise monitor. Specific noise management measures shall be included in the project plans andspecifications. 83. Damage/Repairs. The Applicant/Developer shall PW Prior to Public be responsible for the repair of any damaged Occupancy Works pavement, curb & gutter, sidewalk, or other public street facility resulting from construction activities associated with the development of the project. The Developer shall repair/replace existing sidewalk along the frontage of the Project on Regional Street and Amador Valley Boulevard as directed by the City Engineer. 84. Construction Permit. Applicant shall obtain PW Prior to Public necessary permits or permission from the Issuance of Works adjacent property owner to construct the Building improvements within the property. Permit 85. Zone 7 Impervious Surface Fees. Applicant PW Prior to Public shall complete a "Zone 7 Impervious Surface Fee Issuance Works Application" and submit an accompanying exhibit of Building for review by the Public Works Department. Fees Permit generated by this application will be due at issuance of the Building Permit. 86. Geotechnical Report and Recommendations. PW Prior to Public The Applicant/Developer shall provide a site Issuance Works 18 of 20 specific geotechnical report prepared by a of Building reputable geotechnical engineer. The Permit Geotechnical Engineer shall certify that the project design conforms to the report recommendations prior to issuance of a Grading/Sitework Permit or Building Permit. All report recommendations shall be followed during the course of grading and construction. DUBLIN SAN RAMON SERVICES DISTRICT (DSRSD) 87. Prior to issuance of any building permit, complete DSR Issuance DSRSD improvement plans shall be submitted to DSRSD of any that conform to the requirements of the Dublin building San Ramon Services District Code, the DSRSD permit "Standard Procedures, Specifications and Drawings for Design and Installation of Water and Wastewater Facilities", all applicable DSRSD Master Plans and all DSRSD policies. 88. Domestic and fire protection waterline systems DSR Issuance DSRSD for Tracts or Commercial Developments shall be of any designed to be looped or interconnected to avoid building dead end sections in accordance with permit requirements of the DSRSD Standard S ecifications and sound engineering ractice. 89. Prior to issuance by the City of any Building DSR Issuance DSRSD Permit or Construction Permit by the Dublin San of any Ramon Services District, whichever comes first, building all utility connection fees including DSRSD and permit Zone 7, plan checking fees, inspection fees, connection fees, and fees associated with a wastewater discharge permit shall be paid to DSRSD in accordance with the rates and schedules established in the DSRSD Code. 90. No sewer line or waterline construction shall be DSR Issuance DSRSD permitted unless the proper utility construction of any permit has been issued by DSRSD. A building construction permit will only be issued after all of permit the items in Condition No. 9 have been satisfied. 91. The applicant shall hold DSRSD, it's Board of DSR On-going DSRSD Directors, commissions, employees, and agents of DSRSD harmless and indemnify and defend the same from any litigation, claims, or fines resulting from the construction and completion of the ro ect. 92. Expansion of a commercial enterprise and DSR Issuance DSRSD addition of a Car Wash must be reviewed by of any DSRSD for possible Water and Sewer Demand building lCapacity Charges. ermit 19 of 20 PASSED, APPROVED AND ADOPTED this 91h day of April 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Assistant Community Development Director 20 of 20