HomeMy WebLinkAboutAttachmt 2 ResoAppvCUP & SDR
RESOLUTION NO. 05-
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW FOR
THE CONSTRUCTION OF A 53,860 SQUARE FOOT DUBLIN HONDA AUTO SALES AND
SERVICE ESTABLISHMENT ON THREE PARCELS AT
6363, 6391, AND 6451 SCARLETT COURT
APNS 941-0550-13-4, 941-0550-14-2, and 941-0550-12-11
P A 04-009
WHEREAS, Ken Harvey, on behalf of Dublin Honda, has requested approval of a Conditional
Use Permit/ Site Development Review application for a 53,860 square foot automotive sales and service
establishment with a 245-stall parking lot on three parcels at the southeast comer of Dublin Boulevard and
Scarlett Court; and
WHEREAS, the project has been reviewed under the California Environmental Quality Act,
(CEQA), State CEQA Guidelines and the Dublin Environmental Guidelines. An Initial Study was
prepared for the project and it was determined that the project will not have a significant impact on the
environment. A Negative Declaration was prepared and circulated for 20 days from December 18, 2004 to
January 7, 2005. No comments were received during or after this period; and
WHEREAS, the project application has been reviewed by the applicable City departments and
agencies, and their comments have been incorporated into the Conditions of Approval for the project; and
WHEREAS, the proposed project is consistent with the Dublin General Plan, the M-1 (Light
Industrial) and C-2 (General Commercial) Zoning Districts in which it is located, and represents an
appropriate project for the site; and
WHEREAS, the Staff Report was submitted recommending that the application be approved; and
WHEREAS, the Planning Commission considered said application on February 22,2005; and
WHEREAS, the Planning Commission did hear and consider all said reports, recommendations
and testimony hereinabove set forth and used their independent judgment to make a decision.
NOW, THEREFORE, BE IT RESOLVED THAT THE Planning Commission ofthe City of
Dublin does hereby make the following findings relating to the Site Development Review (SDR):
A. The Site Development Review (SDR) approval ofthis application (P A 04-009) is consistent with
the intent/purpose of Section 8.104 (Site Development Review) ofthe Zoning Ordinance.
B. The approval ofthis application, as conditioned, complies with the policies ofthe General Plan,
which allows an outdoor retail use to be constructed at this site and encourages the retention of
automotive dealerships in Dublin.
C. The approval will not adversely affect the health or safety of persons residing or working in the
vicinity, or be detrimental to the public health, safety and general welfare.
D. The proposed physical site development, including the intensity of development, site layout,
grading, vehicular access, circulation and parking, setbacks, height, fences, public safety and
similar elements, as conditioned, has been designed to provide a desirable environment for the
development.
ATTACHMENT 1-..
E. The subject site is physically suitable for the type and intensity of the proposed use because it is a
level site with area and dimensions that will accommodate an auto sales and service establishment
and is located in an area with sufficient vehicular and pedestrian access.
F. Impacts to views are addressed.
G. Impacts to existing slopes and topographic features are addressed because the property is flat and
there are no significant topographic features.
H. Architectural considerations, including the character, scale and quality ofthe design, the
architectural relationship with the site and other buildings, signs, building materials and colors,
screening of exterior appurtenances, exterior lighting and similar elements have been incorporated
into the project and as conditions of approval in order to insure compatibility of this development
with the development's design concept or theme and the character of adjacent buildings and uses.
H. Landscape considerations, including the location, type, size, color, texture and coverage of plant
materials, provisions and similar elements have been considered to ensure visual relief and an
attractive environment for the public.
I. The approval of this application, as conditioned, is in conformance with the Initial Study and
Negative Declaration proposed to be adopted for the Project
BE IT FURTHER RESOLVED THAT THE Planning Commission of the City of Dublin does
hereby make the following additional findings relating to the Conditional Use Permit (CUP):
A. The proposed use and related structures is compatible with other land uses, transportation and
service facilities in the vicinity.
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.
C. It will not be injurious to property or improvements in the 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.
E. The subject site is physically suitable for the type, density and intensity of the use and related
structures being proposed.
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.
G. It is consistent with the Dublin General Plan and with any applicable Specific Plans.
BE IT FURTHER RESOLVED THAT THE Planning Commission of the City of Dublin does
hereby conditionally approve P A 04-009 Conditional Use Permit (CUP) and Site Development Review
(SDR) for the construction of a 53,860 square foot Dublin Honda Auto Sales and Service establishment
on three parcels at 6363, 6391, and 6451 Scarlett Court as generally depicted by the Staff Report and the
Project Plans dated November 16, 2004 and labeled Attachment 4, stamped approved and on file with the
City of Dublin Planning Department, subject to compliance with the following conditions:
CONDITIONS OF APPROVAL:
Unless stated otherwise, all Conditions of Approval shall be complied with prior to occupancy of the
building or site, 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
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approval: [PL] Planning, [B] Building, [PO] Police, [PW] Public Works, [F] Alameda County Fire
Department, [DSR] Dublin San Ramon Services District.
General Conditions of Approval for both the Site Development Review and Conditional Use Permit
1. Approval. This Site Development Review approval for the Dublin Honda Auto Dealership
establishes the detailed design concepts and regulations for the project. Development pursuant to
this Site Development Review generally shall conform the project elevations/renderings submitted
by Siegfried Engineering, Inc. dated received November 16, 2004, stamped approved, and on file
in the Planning Department (hereinafter referred to as the "Project Plans"). Included in these plans
is the color and material board and other plans, text, and diagrams relating to this Site
Development Review, unless modified by the Conditions of Approval contained herein.
2. Term for Site Development Review and Conditional Use Permit. Approval of the Site
Development Review and Conditional Use Permit shall be valid for eighteen months from
approval by the Planning Commission in accordance with Section 8.96.D of the Dublin Zoning
Ordinance. If construction has not commenced by that time, this approval shall be null and void.
3. Revocation. The Conditional Use Permit and Site Development Review approval will 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 approval shall be subject to citation.
4. Ordinances/General Plan/Policies. The Applicant/Developer shall comply with, meet, and/or
perform all requirements ofthe Subdivision Map Act, City of Dublin Subdivision Ordinance, City
of Dublin Zoning Ordinance, the City of Dublin General Plan, City of Dublin Standard Conditions
of Approval, Public Works Policies and grading ordinance unless certain Public Works
requirements are modified by the Director of Public Works.
5. Hold Harmless. The Applicant/Developer shall defend, indemnify, and hold harmless the City of
Dublin and its agents, officers, and employees from any claim, action, or proceeding against the
City 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 cooperation in the
defense of such actions or proceedings.
6. Fees. Applicant/Developer shall pay all applicable fees in effect at time of building permit
issuance. Said fees shall, include, but may not limited to, Planning fees, Building fees, Dublin San
Ramon Services District fees, Public Facilities fees, Fire Facility Impact fees, Dublin Unified
School District School Impact fees, Alameda County Fire Services fees, Traffic Impact fees, Noise
Mitigation fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and
Water Connection fees, and Park In-Lieu fees. Fees are subject to change without notice and are
due at the time building permits are issued. Unissued building permits subsequent to new or
revised fees shall be subject to recalculation and assessment ofthe share of the new or revised
fees.
Conditional Use Permit Conditions of Approval: Planning Division. All conditions in the following
section are required on an on-going basis and do not expire.
7. Site Deliveries. All trucks making deliveries to the project site shall enter through the driveway
on Scarlett Court. Delivery trucks can exit the site onto either Scarlett Court or Dublin Boulevard.
There shall be absolutely no loading or unloading of materials, vehicles, or other items in the
public right of way. All deliveries and delivery trucks must be accommodated on the project site
in the locations shown on the project plans. All drive aisles must be kept clear at all times.
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8. Temporary Signs. No temporary signs are permitted on the site without approval of a Zoning
Clearance. Any temporary sign must be in conformance with the Sign Regulations of the Dublin
Municipal Code, and in particular, Section 8.84.050(T).
9. Noise Impacts. No amplified sounds shall be permitted outside the building. Loudspeakers,
music, or similar amplified noises are strictly prohibited.
10. Hazardous materials management. The gasoline dispensing facility shall be subject to controls
imposed by the Bay Area Air Quality Management District (BAAQMD).
11. Permitted Uses. The Conditional Use Permit approved for the site is for an "AutomobileNehicle
Sales and Service Establishment". This use is defined as "establishments, such as full-service
automobile dealers, which sell and service, as an accessory use, automobiles, trucks, recreational
vehicles, boats and trailers, and other vehicles determined to be substantially similar to the above
as determined by the Director of Community Development." No uses other than those described
herein are permitted as part ofthis project approval.
12. Temporary structures. No temporary structures (such as temporary canopies covering detail or
car wash areas, promotional tents, balloons) shall be permitted on the project site without a
Temporary Use Permit, which can only be approved for a limited time period per the City's
Temporary Use Permit process.
13. Solid Waste/Recycling. Applicant/Developer shall comply with the City's solid waste
management and recycling requirements throughout the operation of the facility.
CUP Conditions: Fire Department
14. Provide a letter rrom the owner that states, "No cutting, welding, open flame or draining of fuel tanks
will be done in the building". (Required prior to issuance of Building Permit).
CUP Conditions: Police Services. All conditions in the following section are required on an on-
going basis and do not expire.
15. Employee exit doors shall be equipped with 180-degree viewers if there is not a burglary resistant
window panel in the door from which to scan the exterior.
16. Exterior landscaping shall be kept at a minimal height and fullness giving patrol officers and the
general public surveillance capabilities of the area.
17. The applicant shall keep the site clear of graffiti vandalism on a regular and continuous basis at all
times.
18. An effect method of securing the perimeter and driveway areas shall be built-in.
a. Security cameras may be used for this purpose. Cameras shall function on a 24-hour basis
with recording capabilities. These items shall be shown in the plans.
b. Driveways shall be kept locked and secured during non-business hours. Locked gated areas
shall provide for emergency vehicle access. These items shall be shown in the plans.
19. The applicant shall work with the Dublin Police on an ongoing basis to establish an effective theft
prevention and security program.
20. The applicant shall submit a security plan for the site prior to occupancy of the building. The plan
shall include information on:
a. Alarm systems: design and placement
b. Security cameras: design and placement
c. Inventory control
d. Key control
e. Methods for securing exit driveways
f. Employee safety/security training
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21. Tenants shall complete a Dublin Police "Business Site Emergency Response Card" and deliver it
to the police prior to occupancy.
Site Development Review Conditions of Approval: Planning Division
22. Approved Project Plans. The Project Plans shall be modified only as directed by the following
conditions of approval. No other modifications shall be made to the Project Plans without
subsequent review and approval.
23. Changes to Project Plans. A minor change to the approved Project Plans (as described in
Condition of Approval No. I) can be considered by the Community Development Director or
hislher designee as a Site Development Review Waiver. Any amendment to the approved plans
which is not considered by the Community Development Director to be a minor change shall be
reviewed per Section 8.104.090 (Amendment) of the Dublin Municipal Code, which would
include full review and approval by the decision-making body of the original application, in this
case the Planning Commission.
24. Colors and Materials. The building materials, architectural features, and exterior colors of the
building shall be as depicted in the Project Plans and on the color and material board provided and
on file in the Dublin Planning Department.
25. Required Permits. Applicant/Developer shall obtain all necessary permits required by other
agencies (i.e., Alameda County Flood Control District Zone 7, Alameda County Department of
Environmental Health, State Water Quality Control Board, Etc.) if required and shall submit
copies of said permits to the Public Works Department prior to issuance of Building Permits.
26. Building Codes and Ordinances. All project construction shall conform to the building codes
and ordinances in effect at the time of building permit issuance.
27. Archaeology. Should any prehistoric or historic artifacts be exposed during excavation and
construction operations, the Department of Community Development shall be notified and work
shall cease immediately until an archaeologist, who is certified by the Society of California
Archaeology (SCA) or the Society of Professional Archaeology (SOP A), is consulted to evaluate
the significance of the find and suggest appropriate mitigation measures, if deemed necessary,
prior to resuming ground breaking construction activities. Standardized procedures for evaluating
accidental finds and discovery of human remains shall be followed as prescribed in Sections
15064.5 and 15126.4 of the California Environmental Quality Act Guidelines. Compliance with
this condition required throughout construction.
28. Master Sign Program. Signage for the project site shall be in accordance with Chapter 8.84 of
the Dublin Municipal Code and a Master Sign Program shall be submitted by the Applicant prior
to building occupancy. There is no signage approved with this SDRlCUP application.
29. Roof equipment screening. All roof equipment shall be completely screened from view from the
adjacent public right of way prior to occupancy of the building.
30. Details needed for review and approval. Items subject to further review and approval by the
Planning Manager prior to installation:
a. Detail of trash enclosure
b. Detail of perimeter fencing
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31. Parking requirements. Applicant/Developer shall provide parking as shown on the Project
Plans, and are required per the parking table below:
Office
Service
19,389 sf
27,795 sf (incl. 41 service
ba s
6,676 sf
1 s ace er 250 sf
I space per 400 sf plus
I er ba
I space per 1,000 sf
Parking
Re uired
78
110
Parking
Provided
78
110
Use
Size
Parking Ratio
7
7
198
393 s aces
245
638 spaces*
32. Parking Space identification. 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 included with this approval. Disabled, visitor, employee, and compact parking
spaces shall be appropriately identified on the pavement. Directional signage and labeling of
designated visitor and employee parking spaces shall be provided, and shall be subject to the
approval of the Director of Community Development. All directional signage and labeling shall
be installed before the building is occupied, and all vehicle storage be done on a paved surface in
an area designed for parking. Parking signage shall be maintained throughout the life of the
project.
33. Site Plan. Applicant / Developer shall install all site improvements in the location and geometrics
shown in the approved site plan prepared by Siegfried Engineering, dated November 16, 2004
prior to occupancy.
34. Screening above-ground utilities. The Developer/Applicant shall screen any aboveground
utilities that cannot be underground ed, such as the back flow prevention devices, to the satisfaction
of the Director of Public Works and the Community Development Director prior to occupancy of
the building.
35. Refuse Collection. The refuse collection areas within the project shall be reviewed by the refuse
collection service provider to ensure that adequate space is provided to accommodate collection
and sorting of petrucible solid waste as well as source-separated recyclable materials generated by
the residents and tenants within this project. All collection areas should be screened from public
view prior to building occupancy.
SDR Conditions: Building Division
36. Building Codes and Ordinances. All project construction shall conform to all building codes
and ordinances in effect at the time of building permit. (Through Completion ofthe Project)
37. Building Permits. To apply for building permits, Applicant/Developer shall submit eight (8) sets
of construction plans 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. (Required Prior to Issuance of Building Permits).
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38. Construction Drawings. Construction plans shall be fully dimensioned (including building
elevations) accurately drawn (depicting all 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. (Required Prior to issuance of building permits).
39. Addressing. Address will be required on all doors leading to the exterior ofthe building.
Addresses shall be illuminated and be able to be seen from the street,S inches in height minimum.
(Required Prior to Occupancy)
40. Engineer Observation. The Engineer of record shall be retained to provide observation services
for all components of the lateral and vertical design of the building, including nailing, holddowns,
straps, shear, roof diaphragm and structural ITame of building. A written report shall be submitted
to the City Inspector prior to scheduling the final frame inspection.
41. 60- foot No Build Covenant. Pursuant to Dublin Municipal Code Section 7.32.130, the owner
shall file with the Building Official a Covenant and Agreement Regarding Maintenance of Yards
for an Oversized Building binding such owner, his heirs, and assignees, to set aside a 60-foot
required yard as unobstructed space having no improvements. After execution by the owner and
Building Official, such covenant shall be recorded in the Alameda County Recorder's Office, and
shall continue in effect so long as an oversized building remains or unless otherwise released by
authority of the Building Official. (Required Prior to issuance of Building Permits)
42. Phased Occupancy Plan. If occupancy is requested to occur in phases, then all physical
improvements within each phase shall be 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 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
deferred due to inclement weather with the posting of a bond for the value of the deferred
landscaping and associated improvements. (Prior to Occupancy of any affected building)
43. Air Conditioning Units. Air conditioning units 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 to approved by the Building Official and Director
of Community Development. (Required Prior to Building Occupancy).
44. Temporary Fencing. Temporary Construction fencing shall be installed along perimeter of all
work under construction. (Through Completion)
45. Cool Roofs. Flat roof areas shall have their roofing material coated with light colored gravel or
painted with light colored or reflective material designed for Cool Roofs. (Through Completion)
46. Electronic File. The applicant/developer shall submit all building drawings and specifications 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. (Required Prior to Issuance of Building Permits)
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SDR Conditions: Dublin San Ramon Services District (DSRSD)
47. Prior to issuance of any building permit, complete improvement plans shall be submitted to
DSRSD that conform to the requirements of the Dublin San Ramon Services District Code, the
DSRSD "Standard Procedures, Specifications and Drawings for Design and Installation of Water
and Wastewater Facilities", all applicable DSRSD Master Plans and all DSRSD policies.
48. All mains shall be sized to provide sufficient capacity to accommodate future flow demands in
addition to each development project's demand. Layout and sizing of mains shall be in
conformance with DSRSD utility master planning.
49. Sewers shall be designed to operate by gravity flow to DSRSD's existing sanitary sewer system.
Pumping of sewage is discouraged and may only be allowed under extreme circumstances
following a case by case review with DSRSD staff. Any pumping station will require specific
review and approval by DSRSD of preliminary design reports, design criteria, and final plans and
specifications. The DSRSD reserves the right to require payment of present worth 20 year
maintenance costs as well as other conditions within a separate agreement with the applicant for
any project that requires a pumping station.
50. Domestic and fire protection waterline systems for Commercial Developments shall be designed
to be looped or interconnected to avoid dead end sections in accordance with requirements of the
DSRSD Standard Specifications and sound engineering practice.
51. DSRSD policy requires public water and sewer lines to be located in public streets rather than in
off-street locations to the fullest extent possible. Ifunavoidable, then public sewer or water
easements must be established over the alignment of each public sewer or water line in an off-
street or private street location to provide access for future maintenance and/or replacement.
52. Prior to approval by the City of a grading permit or a site development permit, the locations and
widths of all proposed easement dedications for water and sewer lines shall be submitted to and
approved by DSRSD.
53. All easement dedications for DSRSD facilities shall be by separate instrument irrevocably offered
to DSRSD or by offer of dedication on the Final Map. Prior to approval by the City for
Recordation, the Final Map shall be submitted to and approved by DSRSD for easement locations,
widths, and restrictions.
54. Prior to issuance by the City of any Building Permit or Construction Permit by the Dublin San
Ramon Services District, whichever 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.
55. Prior to issuance by the City of any Building Permit or Construction Permit by the Dublin San
Ramon Services District, whichever comes first, all improvement plans for DSRSD facilities shall
be signed by the District Engineer. Each drawing of improvement plans shall contain a signature
block for the District Engineer indicating approval of the sanitary sewer or water facilities shown.
Prior to approval by the District Engineer, the applicant shall pay all required DSRSD fees, and
provide an engineer's estimate of construction costs for the sewer and water systems, a
performance bond, a one-year maintenance bond, and a comprehensive general liability insurance
policy in the amounts and forms that are acceptable to DSRSD. The applicant shall allow at least
15 working days for final improvement drawing review by DSRSD before signature by the
District Engineer.
56. No sewer line or waterline construction shall be permitted unless the proper utility construction
permit has been issued by DSRSD. A construction permit will only be issued after all of the items
in Condition No. 53 have been satisfied.
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57. The applicant shall 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.
58. Improvement plans shall include recycled water improvements as required by DSRSD. Services
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.
59. The project is located within the District Recycled Water Use Zone (Ord. 301), which calls for
installation of recycled water irrigation systems to allow for the future use of recycled water for
approved landscape irrigation demands. Recycled water will be available; as described in the
DSRSD Water Master Plan Update, September 2000. Unless specifically exempted by the District
Engineer, compliance with Ordinance 301, as may be amended or superseded, is required.
Applicant must submit landscape irrigation plans to DSRSD. All irrigation facilities shall be in
compliance with District's "Recycled Water Use Guidelines" and Dept. of Health Services
requirements for recycled water irrigation design.
SDR Conditions: Fire Department
60. The allowable areas are acceptable with the area separation wall shown between the repair and sales
areas. Show an assumed property line on the construction drawings beyond the area separation wall
to show opening protection and wall ratings are correct. (Required Prior to Issuance of Building
Permit).
61. Emergency Vehicle Access. In accordance with the ACFD requirements, the ApplicantJDeveloper
shall provide emergency vehicle access routes into the project in general conformance with the site
plan. ApplicantJDeveloper shall demonstrate how emergency access requirements shall be achieved
on the improvement plans to the satisfaction of the City Engineer and the ACFD. All emergency
vehicle access roads (first lift of asphalt) and the public water supply including all hydrants shall be
in place prior to vertical construction or combustible storage on site. Fire apparatus roadways shall
have a minimum unobstructed width of 20 feet and an unobstructed vertical clearance of not less than
13 feet 6 inches. Roadways under 36 feet wide shall be posted with signs or shall have red curbs
painted with labels on one side; roadways under 28 feet wide shall be posted with signs or shall have
red curbs painted with labels on both sides of the street as follows: ''NO STOPPING FIRE LANE -
CVC 22500.1 ". (Required prior to combustible construction or combustible storage on site.)
62. Automatic Sprinklers. Automatic sprinklers shall be provided throughout the buildings including
the canopy as required by the Dublin Fire Code. If the buildings have over 100 sprinklers the system
shall be monitored by UL listed central station. (Required prior to occupancy).
63. ACFD rules regulations and standards. Applicant/Developer shall comply with all Alameda
County Fire Department (ACFD) rules, regulations, City of Dublin standards, including minimum
standards for emergency access roads and payment of applicable fees including City of Dublin
Fire facility fees. (Through completion).
64. Fire hydrants. The applicant/Developer shall construct all new fire hydrants in accordance with
the ACFD and City of Dublin requirements. (Prior to combustible construction or combustible
storage on site). Final locations of fire hydrants shall be approved by the ACFD in accordance
with current standards. The minimum fire flow design shall be 1500 gallon per minute at 20 psi
residual (flowing from a single hydrant). Raised blue reflectorized traffic markers shall be epoxied
to the center of the street opposite each hydrant. Sufficient fire flow is required based on building
construction and size. A fire hydrant shall be provided within 50 feet of the fire department
connection for the sprinkler system. Provide a letter from Dublin San Ramon Services District
stating what the available fire flow is at the site. The information is available from Rudy Portugal at
(925) 875-2251. (Required prior to combustible construction or combustible storage on site.)
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65. We understand that a fuel tank and dispenser is planned on the site. The tank and dispenser shall
comply with the applicable codes. (Through completion).
66. Provide an emergency vehicle access easement. The access easement shall include the west side of
the building. (Required prior to building occupancy)
67. One of the stairways from the second floor shall be enclosed one hour to prevent an intervening
room issue from the second floor. (Required prior to issuance of Building Permit).
68. At the building permit stage provide information on the location and quantities of any hazardous
materials including any tanks or spray booths. An inventory statement (HMIS) for any/all
hazardous materials, including Material Safety Data Sheets, shall be supplied to the Alameda
County Fire Department, City of Dublin, Fire Prevention Division, for approval of
process/storagelhandling requirements. In addition, meet the requirements of the Alameda County
Department of Environmental Health Certified Unified Program Agency (CUPA), including
submitting a Hazardous Materials Business Plan (HMBP). For more information please contact
Susan L. Hugo, Supervising Hazardous Materials Specialist Alameda County Environmental
Health Services at (510) 567-6780. (CFC 2001, Section 8001.3.3). (Required prior to issuance of
Building Permit).
69. Approved numbers or addresses shall be placed on all new and existing buildings. The address
shall be positioned as to be plainly visible and legible from the street or road fronting the property.
Said numbers shall contrast with their background. (Required prior to occupancy of any affected
building).
70. Provide 2AlOBC fire extinguishers within 75 ft travel distance of portions ofthe buildings. An
approved sign in accordance with Uniform Fire Code shall be conspicuously posted above the
extinguisher. (Required prior to occupancy of any affected building).
71. Provide Knox key boxes at the main entrance to the buildings and at any gates. The Knox box shall
contain a key that provides access to the building or gate. Gates or barriers shall meet the
requirements ofthe ACFD. (Required prior to occupancy of any affected building).
72. The project shall comply with Uniform Building and Fire Codes as adopted by the City of Dublin.
(Through completion).
SDR Conditions: Landscape (planning Division). All conditions in this section must be met prior to
issuance of building permits unless otherwise noted.
73. Final Landscape and Irrigation Plans. A Final Landscape and Irrigation Plan prepared and
stamped by a State licensed landscape architect or registered engineer, generally consistent with
the preliminary landscape plan prepared by James Swanson, dated 11.16.04, except as modified by
Conditions listed below, along with a cost estimate of the work and materials proposed, shall be
submitted for review and approval by the Community Development Director. Landscape and
irrigation plans shall provide for a recycled water system. (Required prior to issuance of Building
Permits)
74. Salt Sensitive Plant Species. This site will eventually be irrigated with recycled water. The
landscape plan shall include plant species that are not salt sensitive.
75. Slopes. The landscape plan shall address slopes within the property, including drainage, erosion,
maintenance and irrigation issues.
76. Fencing. The Applicant/Developer shall prepare a fencing plan for review and approval by the
Director of Community Development. (Required prior to issuance of Building Permits).
77. Landscape Screening of Parking. Landscaping shall screen parking with an immediate 2'-6"
vegetative screen along the street frontage of the "storage lot" as viewed from the adjacent street.
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78. Landscaping at Street and Drive Aisle Intersections. Landscaping shall not obstruct the sight
distance of motorists, pedestrians or bicyclists. Except for trees, landscaping 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. Add second row of trees along Dublin Boulevard between the sidewalk and parking
lot to create a triangulated pattern.
79. Landscape and utilities. Utilities shall be coordinated with proposed landscaping. The location
of utilities shall be studied carefully to minimize their visual impact and to provide adequate
planting space for trees and for screening shrubs.
80. Landscaping of Walls, Fencing (if any) and Trash Enclosures. The Applicant/Developer shall
screen all walls, fencing and the sides of walls surrounding trash enclosures. The use of vines is
encouraged. All fencing shall be in accordance with the Zoning Ordinance requirements and
regulations.
81. Lighting. Coordinate location of trees and light fixtures to the satisfaction of the Director of
Public Works, Director of Community Development, the City's Landscape Architect and Dublin
Police Services. Submit a revised lighting isochart to show a reduction in parking lot lighting to
an average of25 F.e. from the 38.06 F.e. shown. Exterior lighting shall be provided within the
parking lot and on the building, and shall be of a design and placement so as not to cause glare
onto adjoining properties, businesses or to vehicular traffic. Lighting used after daylight hours
shall be adequate to provide for security needs (1.5 foot candles).
82. Standard Plant Material, Irrigation and Maintenance Agreement. The Applicant/Developer
shall complete and submit to the Dublin Planning Department the Standard Plant Material,
Irrigation and Maintenance Agreement.
83. Landscape Borders. All landscaped areas shall be bordered by a concrete curb that is at least 6
inches high and 6 inches wide. Any curbs adjacent to parking spaces must be 12 inches wide to
facilitate pedestrian access. All landscaped areas shall be a minimum of 6 feet in width (curb to
curb). All landscape planters within the parking area shall maintain a minimum 5 foot radius, or
be 2 feet shorter than adjacent parking spaces to facilitate vehicular maneuvering. Concrete mow
strips at least 6 inches deep and 4 inches wide shall be required to separate turf areas from shrub
areas. Landscape planters in the front of parking spaces shall provide a minimum two-feet clear to
any tree.
84. Bioswale. The bioswale and adjacent curb areas shall be designed to the current approved
standard at the time of construction and shall be designed and installed to the satisfaction of the
Director of Public Works.
85. Landscaping. Applicant/ Developer shall construct all landscaping within the site and along the
project frontage ITom the face of curb to the site right-of-way to the design and specifications of
the City of Dublin Streetscape compatible Master Plans and City of Dublin specifications, and to
the satisfaction of the Director of Public Works. Street tree varieties of a minimum 24" box from
the approved street list shall be planted along all street frontages and shall be shown on the
Landscaping Plans. Exact tree locations and varieties shall be reviewed and approved by the
Director of Public Works.
86. Plant standards. All trees shall be 24" box minimum; all shrubs shall be 5 gallon minimum.
Ground cover plants may be 1 gallon. All plants shall be listed by full botanical name and
common name.
87. Maintenance of Landscaping. All landscaping materials within the public right-of-way shall be
maintained for 90 days and on-site landscaping shall be maintained in accordance with the "City
of Dublin Standards Plant Material, Irrigation System and Maintenance Agreement" by the
Developer after City-approved installation. This maintenance shall include weeding, the
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application of pre-emergent chemical applications, and the replacement of materials that die. Any
proposed or modified landscaping to the site, including the removal or replacement of trees, shall
require prior review and written approval from the Community Development Director.
88. Installation of Landscaping and Parking Lot Improvements. All landscaping and parking lot
improvements shall be installed prior to occupancy of the buildings.
89. Water Efficient Landscaping Ordinance. The Applicant/Developer shall submit written
documentation to the Public Works Department (in the form of a Landscape Documentation
Package and other required documents) that the development conforms to the City's Water
Efficient Landscaping Ordinance.
SDR Conditions: Dublin Police Services. All conditions in the following section shall be met prior
to occupancy unless otherwise noted.
90. The applicant shall comply with all applicable City of Dublin Non Residential Security Ordinance
requirements. Skylights in service areas shall comply with the iron bar requirements. Skylights in
public areas may use an alarm system in place of the bars.
91. Addressing and building numbers shall be visible ITom the approaches to the building. If there are
exterior doors on the rear, the business names and addresses are to be painted on the door in a
contrasting color.
92. The applicant shall submit a final lighting plan for approval by the Dublin Police. At a minimum
the plan should include:
a. 50 candle lighting levels at all doors.
b. 1.0 candle lights at ground level in parking lot areas
c. Lighting fixtures shall be of a vandal resistant type
93. During the construction phase the site shall have security lighting and be fenced and locked when
workers are not present. Compliance required throughout construction.
a. A temporary address sign of sufficient size and color contrast to be seen from the street
during hours of darkness shall be posted.
b. The applicant will file a Dublin Police "Business Site Emergency Response Card" prior to
any phase of construction, which will provide 24-hour telephone contact numbers of
persons responsible for the construction site.
c. Good security practices shall be followed with respect to storage of building materials and
storage of tools at the construction site.
SDR Conditions: Public Works
94. Vesting Tentative Map. The Applicant/Developer shall prepare Parcel Map subdividing the
property into the configuration, size and number of lots shown on the plan in accordance with the
requirements of the Subdivision Map Act and City of Dublin standards. The map shall be
reviewed and approved by the City Engineer/Public Works Director prior to recordation. Required
prior to issuance of site grading permit.
95. Summary Vacation of Existing Public Easements. Public Easements that are no longer
necessary based on the current site layout and right-of-way configuration shall be summarily
vacated on the final map pursuant to §66499.2012 of the Subdivision Map Act and pursuant to
Division 9, Part 3, Chapter 4, Article 1, §8333 of the Streets and Highways Code.
When Required: Prior to approval of Parcel Map.
96. Obsolete Private and/or Utility Easements. Permanent structures shall not be constructed within
existing private and/or utility easements unless authorization is granted by the easement
beneficiary. Private easements that are no longer necessary based on the new site configuration
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shall be extinguished or modified as necessary by the Applicant/Developer to eliminate the
conflict.
When Required: Prior to approval of Parcel Map.
97. Easement Dedications. Applicant/Developer shall dedicate easements on the Parcel Map or by
separate instrument as follows:
a. Reciprocal private sanitary sewer, water, storm drain, and/or utility easements across the
new parcels, unless otherwise encumbered by easements granted to specific utility
providers pursuant to their requirements.
b. Public emergency vehicle access easement (20' -minimum width) granted to the City of
Dublin at locations directed by the Fire Marshal.
c. Ten feet (10') wide Public service easement along project frontage on Dublin Boulevard.
d. Ten feet (10') wide Public service easement along project frontage on Scarlett Court.
e. Any other easements deemed reasonably necessary by the City Engineer/Public Works
Director during final design and/or construction.
When Required: Dedicate on Parcel Map or by separate instrument.
98. Private Egress Easements. Applicant/Developer shall dedicate a private egress easement across
the proposed parcels. The easement shall accommodate vehicle and pedestrian egress ITom one
parcel to another.
When Required: Prior to approval of Parcel Map.
99. Right-of-Way Acquisition. The Applicant/Developer will dedicate public right-of-way along the
Dublin Boulevard frontage of the site and widen Dublin Boulevard to accommodate the future
Dublin Boulevard/Dougherty Road intersection improvements and bus stop to be built as part of
the City's Capital Improvement Project No. 96852. The cost of the land will be compensated by
the City at the Applicant's cost to purchase the land. The cost breakdown will be as follows:
a. Parcell (AP.N. 941-0550-013-04) and Parcel 2 (AP.N. 941-0550-014-02) at a rate of
$22.00 per square foot.
b. Parcel C and D (AP.N. 941-0550-012-11) at the rate of$40.65 per square foot.
When Required: On-going.
100. Right of Way Improvements. The ApplicantJDeveloper shall construct street improvements
along the Dublin Boulevard frontage of the site and widen Dublin Boulevard to accommodate
DublinIDougherty intersection improvements per the City's Capital Improvement Project No.
96852. Street improvements shall include curb & gutter, sidewalk, bus turnout, pavement
widening, drainage, utilities relocations, landscaping, traffic signage & pavement markings, and
street lighting (if necessary). City shall provide a credit against the Downtown Dublin Traffic
Impact Fee for the project for any public frontage improvements per City's Administrative
Guidelines for Downtown Traffic Impact Fees (Resolution No. 210-04).
When Required: Prior to Building Occupancy. This condition will apply ifthe Applicant pulls a
building permit for the project subject to this Site Development Review approval prior to City's
award of a contract for construction of CIP Project No. 96852. Otherwise the Applicant shall pay
the Downtown Traffic Impact Fee in effect at the time building permits are issued for the project.
101. Parkland Dedication. The developer shall pay Public Facilities Fees in the amounts and at the
times set forth in City of Dublin Resolution No. 60-99, adopted by the City Council on April 6,
1999, or in the amounts and at the times set forth in any resolution revising the amount ofthe
Public Facilities Fee, as implemented by the Administrative Guidelines adopted by Resolution
195-99.
When Required: Prior to issuance of Building Permits.
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102. Improvement Agreement and Security. Pursuant to §7.16.620 ofthe Municipal Code and
Subdivision Map Act §66499, the Applicant/Developer shall enter into an Improvement
Agreement with the City concurrent with Parcel Map approval to guarantee required public and
site improvements. Improvement Security must be posted to guarantee the faithful performance of
the required improvements and the payment for labor and materials. Such Security shall be in the
form of cash, a certified or cashier's check, a letter of credit, or surety bonds executed by the
Applicant/Developer and by a corporate surety authorized to do business in California. The
amount of the Security guaranteeing faithful performance shall be 100% of the estimated cost of
the required work. The amount of the Security guaranteeing the payment for labor and materials
shall be 100% of the estimated cost of the required work. The Applicant/Developer shall provide
an estimate of these costs for approval by the City Engineer with the first submittal ofthe Parcel
map and improvement plans for checking.
When Required: Prior to approval of Parcel Map.
103. Title Report. A current preliminary title report together with copies of all recorded easements and
other encumbrances and copies of Final Maps (Subdivision or parcel) for adjoining properties and
off-site easements shall be submitted for reference as reasonably deemed necessary by the City
Engineer during review of the Parcel map.
When Required: Prior to approval of Parcel Map.
104. Standard Public Works Conditions of Approval. Applicant/Developer shall comply with all
applicable City of Dublin Public Works Standard Conditions of Approval (Attachment A). In the
event of a conflict between the Public Works Standard Conditions of Approval and these
Conditions, these Conditions shall prevail.
When Required: Prior to acceptance of Improvements by City Council
105. ImproveiDent and Grading Plans. All improvement and grading plans submitted to the Public
Works Department for review/approval shall be prepared in accordance with the approved
Tentative Map, 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 fÌ"om the
Public Works Department (call telephone 925-833-6630 for more information).
When Required: Prior to issuance of Grading/Sitework Permit
106. GradinglSitework Permit. All site improvement work and public right-of-way work must be
performed per a GradinglSitework Permit issued by the Public Works Department. 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.
When Required: Prior to issuance of Grading/Sitework Permit
107. Survey Control. Survey monuments shall be set in finished public streets and at designated
property corners or other control points in accordance with the parcel maps recorded for this
project, and as required by the City EngineerlPublic Works Director. Said street monuments shall
be set within a tolerance of twenty (20) seconds for any angle and 1 in 10,000 feet for distances
between monuments as required by Municipal Code §9.20.040. Pursuant to Subdivision Map Act
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§66497, the surveyor of record shall, within five days after the final setting of all monuments, give
written notice to the City Engineer/Public Works Director that the final monuments have been set.
The Applicant/Developer shall then present evidence to the City Engineer/Public Works Director
of the payment and receipt of payment by the surveyor of record for the monument setting.
When Required: Prior to acceptance of improvements by City Council
108. Joint Utility Trenches/UndergroundingJUtility Plans. A potential underground utility district
may be proposed together with or later of the City's intersection improvements. This
undergrounding would be primarily on the Scarlett Court frontage under west side of the sidewalk.
The undergrounding should be coordinated with or in advance of the applicant's improvements.
The Applicant/Developer shall remove all unnecessary poles along Scarlett Court and within the
property when there is no service needed from these existing poles. Applicant/Applicant shall
connect new service line from the utility pole on west side of Scarlett Court next to CalTrans
parking lot. Applicant/Developer shall construct all joint utility trenches (including electric,
telecommunications, cable TV, and gas) in accordance with standards enforced by the appropriate
utility agency. All vaults, electric transformers, cable TV boxes, blow-off valves and other utility
features shall be placed underground and located behind the proposed sidewalk within the public
service easement, unless otherwise approved by the City Engineer/Public Works Director.
Conduit shall be under the public sidewalk within the right of way to allow for street tree planting.
Utility plans showing the location of all proposed utilities shall be reviewed and approved by the
City Engineer/Public Works Director prior to installation.
When Required: Prior to acceptance of improvements by City Council.
109. Public Sidewalk. The ApplicantJDeveloper shall provide a 5-foot wide public sidewalk on the
north side of Scarlett Court along the property frontage.
When Required: Prior to building occupancy.
110. Storm Drainage Study/Required Improvements. Applicant/Developer shall prepare a Storm
Drainage Study for the properties and roads to be developed/constructed with the project. The
Study shall include a hydrology map and hydraulic calculations. Since the project will
substantially increase the imperviousness of the site, the Study must demonstrate that design flows
do not adversely impact existing hydraulics downstream ofthe project. The Study is therefore
subject to review and approval by both the City of Dublin and Zone 7. All storm drain
improvements and mitigation measures identified in the Study and/or specified by the City
Engineer shall become requirements of this project.
When Required: Prior to issuance of GradinglSitework Permit.
111. Overhead Utility Line. Applicant/Developer shall underground any and all existing overhead
utility pole lines in or adjacent to or in the project area to the satisfaction ofthe Director of Public
Works.
When Required: Prior to acceptance of improvements by City Council.
112. Storm Drain Improvements. Prior to issuance of the first Certificate of Occupancy for any
building which is part of the Project, the storm drainage systems off-site as well as on-site serving
the areas to be occupied shall be improved to the satisfaction and requirements of the Dublin
Public Works Department applying City's and Zone 7 Water Agencies standards and policies. If
not shown on the Parcel Map, an inlet or manhole shall be provided at the right-of-way line to
delineate the boundary between City and private maintenance of the pipes.
When Required: Prior to issuance of Grading/Sitework Permit.
113. Overland Storm Drain Flow. To accommodate potential overland flow, the parking lot grading
and on-site storm drain system shall be designed to convey storm water overland to public street
right-of-way (Scarlett Court) without inundating the buildings in the event the pipe network
becomes plugged.
When Required: Prior to issuance of Grading/Sitework Permit.
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114. FEMA Flood Zone. According to the Flood Insurance Rate Map published by FEMA
(Community Panel Number 060705-0001 B) the site is entirely located with Flood Zone X. All
proposed structures must be elevated at least I-foot above this flood elevation, or the structures
shall be flood-proofed.
When Required: Prior to issuance of GradinglSitework Permit.
115. Erosion Control during Construction. Applicant/Developer shall include an Erosion and
Sediment Control Plan with the Grading and Improvement plans for review and approval by the
City Engineer/Public Works Director. Said plan shall be designed, implemented, and continually
maintained pursuant to the City's NPDES permit between October 1 st and April 15th or beyond
these dates if dictated by rainy weather, or as otherwise directed by the City Engineer/Public
Works Director.
When Required: Prior to issuance of GradinglSitework Permit and during construction.
116. Water Quality/Best Management Practices. Pursuant to the Alameda Countywide National
Pollution Discharges Elimination Permit (NPDES) No. CAS0029831 with the California 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 the biofiltration swales proposed along
Scarlett Court and east end of the project, in-line filtration devices may be necessary to serve
runoff areas that will not drain to biofiltration swales due to grading constraints. All trash
dumpsters and recycling area enclosures that are located outside the building shall have roofs to
prevent contaminants from washing into the storm drain system. The applicant shall file a Notice
ofIntent 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 "No Dumping - Flows to Bay" using stencils
available from the Alameda Countywide Clean Water Program.
When Required: Prior to issuance of GradinglSitework Permit.
117. Storm Water Treatment Measures 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 ofthe project. Said
agreement is required pursuant to Provision C.3.e.ii ofRWQCB Order R2-2003-002l for the
reissuance ofthe 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.
When Required: Prior to acceptance of improvements by City Council.
118. Required Permits. Applicant/Developer shall obtain all necessary permits required by other
agencies (e.g., Alameda County Flood Control District Zone 7, Alameda County Health Agency
(if necessary), State Water Quality Control Board, etc.) and shall submit copies of the permits to
the Department of Public Works.
When Required: Prior to issuance of Building Permits
119. Environmental Site Assessment.
a. Underground Storage Tank: According to the Environmental Assessment report prepared
by Phase One, Inc. dated July 2003, an underground fuel storage tank (UST) was closed
and removed from the site according to Alameda County Department of Environmental
Health (ACDEH) requirements and protocols. According to the Phase One repor, the
contaminant values in the soil near the former UST basin exceeds established
commerciallindustrialland use, therefore the applicant shall prepare a Corrective Action
Plan and execute remedial alternatives for the site as required by Alameda County. The
Corrective Action Plan shall be approved by the ACDEH prior and then submitted to the
City for review prior to the issuance of building permits. All report recommendations shall
be followed during the course of grading and construction. The implementation of the
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Corrective Action Plan will be ongoing until the soil contamination is remediated to the
satisfaction of the County. If, during construction of the Project, presently-unknown
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.
When Required: Corrective Action Plan shall be approved by the ACDEH prior and then
submitted to the City for review prior to the issuance of building permits. The
implementation of the Corrective Action Plan will be ongoing until the soil contamination
is remediated to the satisfaction ofthe County.
b. Volatile Organic Compound (VOC) plume: According to the Environmental Assessment
report prepared by Phase One, Inc. dated July 2003, there is also a Volatile Organic
Compound (VOC) Plume that has caused groundwater contamination underneath the
subject site. Although no releases ofVOCs are known to have occurred on either of the
two Dolan parcels, they may be impacted by releases at an adjacent property to the east or
by other unknown off-site sources. In general, the Water Board does not pursue
enforcement action against a property owner whose land overlies contaminated
groundwater if that contamination is solely the result of the migration of groundwater
contaminants from an off-site source or sources. Accordingly, the Water Board will not
name current and future owners of the subject property as dischargers with respect to
groundwater pollution from offsite sources. However, the Water Board may hold such a
property owner responsible for investigation or cleanup tasks is ifhe or she refuses to
provide reasonable access to an upgradient discharger attempting to investigate and
cleanup off-site groundwater pollution.
When Required: Access to the site shall be provided on an ongoing basis until the
remediation is complete and the Regional Water Quality Control Board has deemed that
the need to monitor the ground water from the project site is no longer necessary.
120. Covenants, Conditions and Restrictions (CC&Rs). Because new parcels are going to be created
as a result of the project and there are facilities (i.e bioswales, driveways, landscaping) that will be
shared between the two parcels, an Association shall be formed by recordation of a declaration of
Covenants, Conditions, and Restrictions to govern use and maintenance of common areas and
facilities. Said declaration shall set forth the name of the association, ownership of the private
access roads, the restrictions on the use or enjoyment of any portion of the access roads for
maintenance and/or access, and the bylaws, rules and regulations of the Association. Prior to
recordation, said CC&R document shall be reviewed by the City for compliance with this
Condition. The CC&Rs shall address maintenance of the private access roads, any common
utilities, and any common areas. The CC&Rs shall ensure that there is adequate provision for the
maintenance, in good repair and on a regular basis, of all commonly owned facilities. In the event
that any area falls into a state of disrepair or fails to meet the Performance Standards established
by the CC&R's, the City will have the right but not the obligation to take corrective measures and
bill the Association for the cost of such repair and corrective maintenance work plus City
overhead. The Declaration shall specify that, as it pertains to the maintenance of the above-listed
items, it cannot be amended without the consent of the City.
When Required: Prior to occupancy of first building.
121. Construction Noise Management Program/Construction Impact Reduction Plan.
Applicant/Developer shall conform to the following Construction Noise Management
Program/Construction Impact Reduction Plan. The following measures shall be taken to reduce
construction impacts:
a. Off-site truck traffic shall be routed as directly as practical to and from the freeway (1-580)
to the job site. Primary route shall be from I-580 to Dougherty Road to Dublin Boulevard.
17
An Oversized Load Permit shall be obtained from the City prior to hauling of any
oversized loads on City streets.
b. The construction site shall be watered at regular intervals during all grading activities. The
rrequency of watering should increase if wind speeds exceed 15 miles per hour. Watering
should include all excavated and graded areas and material to be transported off-site.
Construction equipment shall use recycled or other non-potable water resources where
feasible.
c. Construction equipment shall not be left idling while not in use.
d. Construction equipment shall be fitted with noise muffling devices.
e. Mud and dust carried onto street surfaces by construction vehicles shall be cleaned-up on a
daily basis.
f. Excavation haul trucks shall use tarpaulins or other effective covers.
g. Upon completion of construction, measures shall be taken to reduce wind erosion.
Replanting and repaving should be completed as soon as possible.
h. After grading is completed, fugitive dust on exposed soil surfaces shall be controlled using
the following methods:
1. Inactive portions ofthe construction site shall be seeded and watered until grass
growth is evident.
11. All portions of the site shall be sufficiently watered to prevent dust.
111. On-site vehicle speed shall be limited to 15 mph.
IV. Use of petroleum-based palliatives shall meet the road oil requirements of the Air
Quality District. Non-petroleum based tackifiers may be required by the City
Engineer/Public Works Director.
1. The Department of Public Works shall handle all dust complaints. The City
Engineer/Public Works Director may require the services of an air quality consultant to
advise the City on the severity ofthe dust problem and additional ways to mitigate impact
on residents, including temporarily halting project construction. Dust concerns in
adjoining communities as well as the City of Dublin shall be addressed. Control measures
shall be related to wind conditions. Air quality monitoring of PM levels shall be provided
as required by the City Engineer/Public Works Director.
J. Construction interference with regional non-project traffic shall be minimized by:
1. Scheduling receipt of construction materials to non-peak travel periods.
11. Routing construction traffic through areas ofleast impact sensitivity.
111. Routing construction traffic to minimize construction interference with regional
non-project traffic movement.
IV. Limiting lane closures and detours to off-peak travel periods.
v. Providing ride-share incentives for contractor and subcontractor personnel.
k. Emissions control of on-site equipment shall be minimized through a routine mandatory
program of low-emissions tune-ups.
When Required: Prior to acceptance of improvements by City Council.
122. Geotechnical Report and Recommendations. The Applicant/Developer shall provide a site
specific geotechnical report prepared by a reputable geotechnical engineer. The 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
18
followed during the course of grading and construction.
When Required: Prior to issuance of Grading/Sitework Permit or Building Permit, and during
construction
123. Street Trees. 24" box-sized street trees shall be planted at 30' on center spacing along both sides
of Dublin Boulevard and Scarlett Court. On Dublin Boulevard, London Plane trees shall be placed
in 4' x 8' tree wells with cast iron grates positioned at the back of curb. On Scarlett Court, the tree
variety shall be determined by the City Engineer/Public Works Director and shall be placed in 4' x
4' tree wells with cast iron grates. The design of the tree grates shall be determined by the City
Engineer/Public Works Director.
When Required. Prior to issuance of Grading/Sitework Permit.
124. Recycled Water/Irrigation System. A separate recycled water irrigation system, including
separate recycled water service (2"), electric meter, and controller, shall be provided for these
street trees. The service line shall be extended towards Dougherty Road for future City streetscape
improvements.
When Required. Prior to issuance of Grading/Sitework Permit.
125. Water and Sewer Lines. Applicant/Developer shall construct all offsite fire hydrants, water and
sewer lines needed to serve the street, project, and future adjacent parcels shall be constructed and
accepted for service Dublin San Ramon Services District and by the City Engineer/Public Works
Director during final design and/or construction.
126. Stop Controls. Stop control devices for vehicles, including an Rl STOP sign, STOP pavement
legend, l2"-wide white stop bar stripe, and appropriate delineation, shall be provided at the
following locations:
a. At all exit aisles approaches to Dublin Boulevard and Scarlett Court.
b. At other locations deemed reasonably necessary by the City Engineer/Public Works
Director during final design and/or construction.
When Required: Prior to issuance of Grading/Sitework Permit.
127. Vehicle Parking. Applicant/Developer shall construct on-site paved parking areas and spaces for
customer, employee, inventory, and display parking according to the zoning requirements of the
use. Occupancy of the development will be dependent upon Applicant/Developer completing the
necessary parking areas to serve that phase. All parking spaces shall be double striped using 4"
white lines according to Figure 76-3 and Code §8.76.070 (A) 17 of the Municipal Code. All
compact-sized parking spaces shall have the word "COMPACT" stenciled on the pavement within
each space. Customer stalls should be clearly identified with signs and pavement marking. 12"-
wide concrete step-out curbs shall be constructed at each parking space where one or both sides
abuts a landscaped area or plant~r.
When Required: Prior to issuance of Occupancy Permit.
128. Parking Prohibitions/Restrictions. Vehicle parking shall be prohibited/restricted in the
following locations:
a. Prohibited along the south side of Dublin Boulevard. This parking prohibition shall be
indicated with R26 "No Parking" signs installed at a spacing not to exceed 200'.
b. Prohibited in all areas within the parking area except within marked spaces. Appropriate
signs shall be posted at each entrance to the parking area to inform customers of this
prohibition.
c. Restricted to loading/unloading only along the planter curb at the east side of the service
building. This parking restriction shall be indicated with yellow-painted curbs, and with
Loading/Unloading Zone signs installed adjacent to each curb.
d. Prohibited or restricted at other locations deemed reasonably necessary by the City
19
Engineer/Public Works Director during final design and/or construction.
e. No vehicle loading or unloading shall occur within the public right-of-way. In addition,
the drive aisles shall be wide enough and the turning radii large enough to allow truck-
trailer combinations to maneuver through the site without having to back-up into the right-
of-way to exit the site.
When Required: On-going.
129. Signing and Striping Plan. A signage and striping plan shall be submitted to the Public Works
Department for review and approval for all traffic control devices to be installed in the public
right-of-way with this project. An additional plan shall be prepared showing dimensions of all
travel lanes, curbs and right of way to the proposed ultimate configuration on Dublin Boulevard
from Dougherty Road to Scarlett Drive to the satisfaction of the Director of Public Works.
When Required: Prior to issuance of Grading/Sitework Permit.
130. Address Numbering System. After the Parcel Map records but before Building Permits are
issued, the ApplicantJDeveloper shall propose address numbers for each building unit based on the
address grid utilized within Alameda County and available from the Dublin Building Official. The
addressing scheme is subject to review and approval by the City and other interested outside
agencies. Signs shall be prominently displayed on Dublin Boulevard and Scarlett Court that
identify all addresses within the development. Addresses are required on the front and rear of each
building.
When Required: Prior to issuance ofBuildillg Permits.
131. Site Accessibility Requirements. All disabled access ramps, parking spaces for the disabled, and
other physical site improvements shall comply with current ADA/UBC Title 24 requirements and
City of Dublin Standards for accessibility.
When Required: Prior to issuance of Occupancy Permit.
132. Streetlights. Streetlights for City streets constructed by the project shall be the City Standard
cobra head fixtures with galvanized poles located in the public right-of-way at a fixture spacing of
not more than 200', or as otherwise required by the City Engineer/Public Works Director. All
street lights shall be connected to an un-metered secondary service established by PG&E. All
publicly-maintained street lights shall be annexed into the Citywide Street Light Maintenance
Assessment District 1983-1. A street lighting plan which demonstrates compliance with City
standards shall be submitted prior to recordation of the Pinal Map and shall be subject to review
and approval by the City Engineer/Public Works Director prior to installation.
In general, all exterior areas shall be illuminated with a minimum uniformly-maintained level of 1-
foot candle at the ground surface. Also assure that trees or other landscaping materials do not
conflict with the light fixture locations or obstruct the light from each fixture.
When Required: Prior to acceptance of improvements by City Council.
133. Street Light Maintenance Assessment District. Applicant/Developer shall not contest the City's
efforts to annex the project into the Citywide Street Light Maintenance Assessment District 1983-
1, and shall provide all necessary documentation required by the City to complete the annexation
process. The Applicant/ Developer shall comply with any City requirements necessary to conform
to Proposition 218 regulations.
When Required: Prior to acceptance of improvements by City Council.
134. Waive right to protest. The Applicant/Developer waives any right to protest the inclusion of the
properties or any portion of the properties in a Landscape and Lighting Assessment District or
similar assessment district, and further waives any right to protest the annual assessment for that
District.
When Required: On-going.
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135. Relocation of Existing ImprovementslUtilities. Any necessary relocation of existing
improvements or utilities shall be accomplished at no expense to the City.
When Required: Prior to acceptance of improvements by City Council.
136. Landscaping at Driveways/Intersections. Landscaping at intersections and driveways shall be
such that sight distance is not obstructed for drivers. Except for trees, landscaping shall not be
higher than 30 inches above the curb in these areas.
When Required: Prior to issuance of Occupancy Permit.
137. Temporary Construction Fencing. Temporary Construction fencing shall be installed along the
perimeter of all work under construction to separate the construction operation from the public.
All construction activities shall be confined to within the fenced area. Construction materials
and/or equipment shall not be operated or stored outside ofthe fenced area or within the public
right-of-way unless approved in advance by the City Engineer/Public Works Director.
When Required: Prior to issuance of final Occupancy Permit or acceptance of public
improvements by the City Council.
138. Construction Hours. Standard construction and grading hours shall be limited to weekdays
(Monday through Friday) and non-City holidays between the hours of7:30 a.m. and 6:00 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.
When Required: Prior to acceptance of improvements by City Council.
139. Damage/Repairs. The Applicant/Developer 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 satisfaction ofthe City
Engineer/Public Works Director.
When Required: Prior to acceptance of improvements by City Council.
140. Graffiti. The Applicant/Developer and/or building tenant(s) shall keep the site clear of graffiti
vandalism on a regular and continuous basis. Graffiti resistant paint for the structures and film for
windows or glass shall be used whenever possible.
When Required: On-going.
141. Occupancy Permit Requirements. Prior to 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 each 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 site.
b. All traffic control devices on streets providing access to the site shall be in place and fully
functional.
c. All street name signs and address numbers for streets providing access to the buildings
shall be in place and visible.
d. Lighting for the streets and site shall be adequate for safety and security. All streetlights
on streets providing access to the buildings shall be 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 approved by the City
Engineer/Public Works Director.
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f. All fire hydrants shall be operable and easily accessible to City and ACFD personnel.
g. All site features designed to serve the disabled (i.e. H/C parking stalls, accessible
walkways, signage) shall be installed and fully functional.
When Required: Prior to issuance of Occupancy Permit.
142. Bicycle Racks. Bicycle racks shall be installed near the entrances to the office building at a ratio
of 1 rack per 40 vehicle parking spaces. Bicycle racks shall be designed to accommodate a
minimum of four bicycles per rack, and so that each bicycle can be secured to the rack. The
location of the bicycle rack shall not encroach into any adjacent/adjoining sidewalks in a manner
that would reduce the unencumbered width of the sidewalk to less than 4'. Bicycle racks shall be
placed in locations where they will have adequate lighting and can be surveilled by the building
occupants.
For the apartments, one bicycle storage space shall be provided within each residence or in
lockable containers or spaces if not within each individual residence.
When Required: Prior to issuance of Occupancy Permit(s).
143. Release of Security. When all improvements governed by the Improvement Agreement are
complete to the satisfaction of the City Engineer/Public Works Director, the City Engineer will
recommend to the City Council that the improvements be accepted and that the Security be
released. Prior to the Council's acceptance, the Applicant/Developer shall furnish the following to
the City:
1. A Maintenance Bond or other replacement security in an amount equal to 25% of the estimated
cost ofthe work to guarantee against defects for a one-year period.
2. As-Built or Record Drawings printed on mylar of all Improvement Plans and maps associated
with the project.
3. A recorded copy of the Covenants, Conditions, and Restrictions that govern the project.
4. A Declaration or Report by the project Geotechnical Engineer confirming that all geotechnical
and grading work associated with the project has been performed in accordance with the
Engineer's recommendations.
5. Payment of any outstanding City fees or other debts.
6. Any other information deemed necessary by the City Engineer/Public Works Director.
When Required: Prior to acceptance of improvements by City Council.
144. Geographic Information System. Once the City Engineer/Public Works Director approves the
development project, a digital vectorized file on floppy or CD ofthe Improvement Plans shall be
submitted to the City and DSRSD. Digital raster copies are not acceptable. The digital vectorized
files shall be in AutoCAD 2000 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.
When Required: Prior to occupancy.
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PASSED, APPROVED AND ADOPTED this 22nd day of February 2005.
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chairperson
ATTEST:
Planning Manager
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