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HomeMy WebLinkAboutPC Reso06-30 Appv CUP Tri-Valley Towing 05-052 RESOLUTION NO. 06 - 30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT TO LEGALIZE TRI-V ALLEY TOWING IN THE M-1 (LIGHT INDUSTRIAL) ZONING DISTRICT AND APPROVE A BARBED WIRE FENCE AND A VEHICLE STORAGE YARD LOCATED AT 6355 SCARLETT COURT # 1 (APN 941-0550-015-08) P A 05-052 WHEREAS, the Applicant, Joe Gross, owns Tri-Valley Towing, which has operated in this location since 2005; and WHEREAS, the Applicant has requested a Conditional Use Permit to legalize Tri-Valley Towing and a vehicle storage yard and approve a barbed wire fence at 6355 Scarlett Court #1, APN 941-0550- 015-08, in the M-l (Light Industrial) Zoning District; and WHEREAS, the proposal includes an approximately 6,000 square foot impound yard in an existing building (Buisick Gearing Property) and a fenced in storage area for vehicles located adjacent to the existing building, which is currently occupied by various industrial and automobile repair services; and WHEREAS, an Impound Yard is permitted in the M-l (Light Industrial) Zoning District with approval of a Conditional Use Permit by the Planning Commission; and WHEREAS, the Community Development Director has determined that the towing and vehicle storage services provided by Tri-Valley Towing are substantially similar to the services provided by an Impound Yard, as set forth in the Dublin Zoning Ordinance Section 8.08.020; and WHEREAS, a barbed wire fence is permitted with approval of a Conditional Use Permit by the Planning Commission; and WHEREAS, the Applicant submitted project plans and a written description for the requested entitlement received by the Planning Division, which are on file in the Community Development Department; and WHEREAS, the application has been reviewed in accordance with the proVIsIOns of the California Environmental Quality Act (CEQA) and this project was found to be categorically exempt under the CEQA Guidelines Section 15301 as it is a comparable use in an existing building with minor alteration; and WHEREAS, the City of Dublin Planning Commission ("Planning Commission") held a public hearing on said application on August 22, 2006; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Planning Commission did hear and use its independent judgment and considered all said reports, recommendations, and testimony herein above set forth. NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission does hereby make the following findings and determinations regarding said proposed Conditional Use Permit: A. The proposed Impound Yard, as conditioned, is compatible with other land uses, transportation and service facilities in the vicinity because: 1) the property is zoned M-l (Light Industrial); 2) Dublin Zoning Ordinance Section 8.12.050 states that a Vehicle Impound Yard use is permitted in the M-l (Light Industrial) Zoning District with a Conditional Use Permit; 3) Dublin Zoning Ordinance Section 8.08.020 defines "Impound Yard" as a facility which stores vehicles which have been towed to the yard; 4) the Director of Community Development has determined the towing and temporary vehicle storage services provided by Tri-Valley Towing are substantially similar to the services provided by an Impound Yard, as set forth in the Dublin Zoning Ordinance Section 8.08.020; 5) the proposed use is compatible with uses in the vicinity, which include a variety of automobile repairs, sales and services; 6) the proposed location of the facility is in a 6,000 square foot tenant space located in an existing building and in an existing fence- in storage yard located adjacent to the building; 7) Section 8.080.020 of the Dublin Zoning Ordinance requires all storage yards to be enclosed by a "solid view-obscuring wall"; 8) vehicles are currently stored in an existing building and views of these vehicles are obscured by the solid building walls; 9) the existing fence has fallen into disrepair and the fence does not block all views of the storage behind it; 10) as conditioned, the existing fence which surrounds the exterior storage yard will be required to be replaced to bring the property into compliance with the Zoning Ordinance; 11) the existing fence can be seen from the 1-580 off-ramp and from the new Honda Dealership which is located adjacent to the property; 12) as conditioned, the existing fence will be required to be replaced with a new fence which is black vinyl coated chain link with black slats and black barbed wire to match the existing fence along Scarlett Court; and 13) the new fence will meet the intent of the Dublin Zoning Ordinance by replacing an existing fence with a new fence to match the new fence on the property which will provide security of the cars located behind the fence and will block views of the vehicles stored behind the fence. 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 because: 1) the proposed facility, storage yard and barbed wire fence will comply with all City of Dublin and State regulations; 2) the proposed facility will be located in an existing building and as conditioned behind a new view-obscuring fence and is compatible with the existing. uses within the building and uses currently under review by the City in the building and within the vicinity of the building; 3) the use will be conducted within the building and in the storage yard behind the fence; and 4) as conditioned, improvements will be required to be made to the property in order to minimize impacts this use may have on existing uses and to bring the property into compliance with current State and Local regulations including modifications to the site to comply with NPDES requirements and restriping and patching/repair of the parking lot surface to promote safety and property maintenance on the site. C. The proposed use, as conditioned, will not be injurious to property or improvements in the neighborhood because: 1) as conditioned, the proposed use will comply with all City of Dublin and State regulations; 2) the proposed use will be located in an existing building 2 and behind a new view-obscuring fence with barbed wire which will match the new fence along Scarlett Court; 3) the proposed use is appropriate in the Light Industrial Zoning District; 4) the proposed use will be compatible with the surrounding uses; 5) the new fence, as conditioned, will promote safety on the site by providing a new fence with barbed wire to protect the vehicles which are stored behind the fence; 6) the approval of a storage yard for the temporary storage of vehicles is consistent with Impound Yards in the City; and 7) as conditioned, improvements will be required to be made to the property, including repairs to the parking lot to patch and repair any distressed areas of the parking lot on the property and restripe the parking lot in order to bring the property into compliance with the Dublin Zoning Ordinance. 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 proposed use will be located in an existing building and will not require additional public services; and 2) the building and property were designed to accommodate a variety of uses, with which the proposed use is compatible. E. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed because: 1) the proposed use will be located in an existing building which was designed to support a variety of automobile repairs and services and industrial uses; 2) the proposed use is small, 6,000 square feet in size, and is located in a portion of an existing building and therefore will not dominate the available square footage of the building or the property and will not change the overall density of the site; 3) as conditioned, the Applicant will be required to exercise adequate property maintenance; 4) as conditioned, the proposed use is prohibited from storing vehicles outside or parking any vehicles in non-designated parking stalls in order to reduce impacts on the site; 5) as conditioned, improvements will be required to be made to the property which will reduce impacts on adjacent uses and aid in the operation of the proposed use including restriping the parking lot and repairing the parking lot which is important to aid in customers who will park on the site in order to retrieve their vehicles; 6) as conditioned, the Applicant is required to keep damaged vehicles inside of the facility or behind the fence and may only bring the vehicles outside for a period of two hours for pick-up to minimize impacts on adjacent properties and tenants; and 7) as conditioned, the Applicant may only keep a total of five vehicles in good condition in the parking lot for a period not to exceed twenty-four hours in order to minimize parking impacts on tenants in the building. F. The proposed use will not be contrary to the specific intent clauses, development regulations or performance standards established for the zoning district in which it is located because: 1) the proposed use is a Conditional Use in the M-l (Light Industrial) Zoning District and is a permitted use when the required findings as stated in Section 8.100.060 of the Dublin Zoning Ordinance can be made; 2) the proposed use meets its parking obligations as set forth in Dublin Zoning Ordinance Section 8.76.080.D, as the proposed use is required to provide 8 parking stalls, and a total of 51 (50.8) parking stalls are required to support the existing and proposed legal tenants of the building, and there are a total of 65 parking stalls on-site; 3) the parking requirements are based on the proposed use is compatible with the existing uses found in the building and therefore meets the requirements of the Dublin Zoning Ordinance; and 4) the proposed use is consistent with the intent of the M-l (Light Industrial) District as defined by Section 8.28.020.B of 3 the Dublin Zoning Ordinance because the proposed use is small in size, meets the needs of residents in the City, is compatible with the surrounding land uses and will be conducted entirely within the existing building. G. The proposed use, as conditioned, is consistent with the Dublin General Plan because: 1) the General Plan Land Use designation for the parcel is Business Park/Industrial and Outdoor Storage, which permits research, manufacturing, storage, and other light industrial uses; 2) the proposed use is permitted with a Conditional Use Permit and is compatible with the zoning district in which it is located; and 3) as conditioned, the proposed use will operate in such a manner as to limit impacts on the surrounding businesses. BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby approve P A 05-052, Conditional Use Permit, to allow an Impound Yard in the M-l (Light Industrial) Zoning District subject to the following Conditions of Approval and as shown on Exhibit A attached and incorporated herein: 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 subiect to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: rPLl Planning, rBl Building. rpOl Police. rpWl Public Works. rADMl AdministrationlCitv Attornev. rFINl Finance, rFl Alameda County Fire Department. rDSRSDl Dublin San Ramon Services District. rCOl Alameda County Department of Environmental Health. CONDITION TEXT GENERAL - CONDITIONAL USE PERMIT 1. Approval. This Conditional Use Permit approval for P A 05-052 allows vehicle towing and storage at 6355 Scarlett Court #1. The project shall generally conform with the project plans received by the Planning Division on March 29, 2006, on file III the Community Development Department, and other plans, text, and diagrams relating to this Conditional Use Permit, unless modified by the Conditions of Approval contained herein. 2. Permit Expiration. Approved use shall commence within one (1) year of CUP approval, or the CUP shall lapse and become null and void. Commencement of use means the actual use pursuant to the permit approval, or, demonstrating substantial progress toward commenclllg such use. Ifthere 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 III appropriate circumstances. 4 . RESPON. AGENCY WHEN REQ'D Prior to: SOURCE PL On-going Planning PL On-going DMC 8.96.020.D CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: If a CUP expires, a new application must be made and processed according to the requirements of the Dublin Zoning Ordinance. 3. Continued Use. This Conditional Use PL On-going Planning Permit approval shall become null and void III the event the approved uses cease to operate for a one-year period. 4. Annual Review. On an annual basis, this PL,PO On-going Planning Conditional Use Permit approval may be subj ect to a reVIew by the Planning Manager to determine compliance with the Conditions of Approval. 5. Revocation. This permit shall be revocable PL On-going . DMC for cause in accordance with Dublin Zoning 8.96.020.1 Ordinance Section 8.96.020.1, Revocation. Any violation of the terms of the terms and conditions of this permit may be subject to the issuance of a citation. 6. Modifications. Modifications or changes PL On-going DMC to this Conditional Use Permit approval 8.104.100 may be considered by the Community Development Director if the modifications or changes proposed comply with Section 8.104.100 of the Zoning Ordinance. PROJECT SPECIFIC - CONDITIONAL USE PEIt:MlT 7. Service. No service work or repairs shall PL On-going Planning be conducted outdoors. 8. Vehicle Storage. No vehicles shall be PL On-going Planning stored on the premises for more than 60 days. 9. Outside Vehicle Storage. Vehicles in good PL On-going Planning condition may be located outside of the tenant space for a limited period of no more than 24 hours. Storage of vehicles outside of the tenant space is limited to a maximum of five vehicles at any time. No vehicles shall be stored on the premises. 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. 10. Damaged Vehicles. Damaged vehicles shall be PL On-going Planning located inside the tenant space or behind the fenced in storage yard at all times. Damaged vehicles may only be located outside this area for a period of two hours for pick-up only. 11. Screening. Within 90 days of Planning PL Within 90 days of Planning 5 CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: Commission approval, the Applicant shall Planning replace the existing fence around the vehicle Commission storage yard with a fence to match the black Approval vinyl coated chain link with black slats and three rows of straight black barbed wire to match the recently installed fence adjacent to Scarlett Court and as shown on Exhibit A, attached. 12. Maintenance of Fence. The barbed wire PL On-going Planning located on top of this fence shall be maintained at all times. At no point may the design of the barbed WIre, with three straight and tight rows of black wire, as shown on Exhibit A, be changed. Additional barbed wire or razor wire may not be added to the fence. If at any time the barbed wire comes loose or is hanging, the property owner shall immediately replace the wire with new black wire to match the approved wire. 13. Property Maintenance. The Applicant and PL On-going Planning Property Owner shall maintain the building, site and all building materials, III good condition and shall keep the site clear of trash, debris and graffiti vandalism on a regular and continuous basis. 14. Temporary Promotional Sign age. Prior PL Display DMC to the display of any temporary SIgnS, 8.84.050.T including banners, a Temporary Promotional Sign Permit must be applied for and approved. . BUILDING DIVISION 15. Building Codes and Ordinances. All B Through Completion Building project construction shall conform to all building codes and ordinances in effect at the time of building permit. 16. Construction Drawings. Construction B Issuance of Building Building plans shall be fully dimensioned (including Permits building elevations) accurately drawn (depicting all existing and proposed conditions on site), and prepared and signed by a California licensed Architect or Engineer. 17. Addressing. Address will be required on B Occupancy Building all doors leading to the exterior of the building. PUBLIC WORKS 18. Clarifications and Chanees to the PW Prior to Approval of Public Works 6 CONDITION TEXT 19. Conditions. In 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 Developer' to fulfill needed improvements or mitigations resulting from impacts ofthis proiect. Standard Public Works Conditions of 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. Hold Harmless/lndemnification. The Developer shall defend, inde1llllify, and hold harmless the City of Dublin and its agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or its 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 extend 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, inde1llllify, 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 III the defense of such actions or proceedings. Conditions of Approval. A copy of the Conditions of Approval which has been annotated how each condition is satisfied 7 20. 21. RESPON. AGENCY PW PW PW WHEN REQ'D SOURCE Prior to: Improvement Plans Prior to Approval of Public Works Improvement Plans Through completion Public Works of Improvements and occupancy ofthe Buildings With each submittal Public Works of Improvement Plans CONDITION TEXT 22. shall be included with the submittals to the Public Works Department for review. The notations shall clearly indicate how all Conditions of Approval will be complied with, and where they are located on the plans. Submittals will not be accepted without the annotated conditions. Improvement Agreement and Security. Pursuant to ~ 7 .16.620 of the Municipal Code, the Applicant shall obtain a Sitework Permit from the Public Works Department for the installation of required site improvements. As a condition of Issuance of said permit, Improvement Security shall be posted in the form of cash, a certified or cashiers check, a letter of credit, or a permit bond executed by the applicant and a corporate surety authorized to do business in California. The amount of the security will be based on the estimated cost of the site work (excluding the building). The applicant shall provide an estimate of these costs for City review with the first plan submittal. Improvement Plans. All improvement, plans submitted to the Public Works Department for review/approval shall be prepared in accordance with the approved CUP, these Conditions of Approval, and the City of Dublin Municipal Code. When submitting plans for review/approval, the Applicant! Developer shall also fill-out and submit a City of Dublin Improvement Plan Review Checklist (SYZ" x 11" pages). All of these reference documents are available from the Public Works Department (call telephone 925-S33-6630 for more information). Sitework Permit. All improvement work must be performed per a Sitework Permit issued by the Public Works Department. Said permit will be based on the final set of civil plans to be approved once all of the plan check comments have been resolved. Please refer to the handout titled Site Improvement Permit Application Instructions and attached application (three SYZ" x 11" pages) for more 8 23. 24. RESPON. AGENCY PL, PO, F, PW, DSRSD PW PW WHEN REQ'D Prior to: Prior to Issuance of Grading/Sitework Permit Prior to issuance of Grading/Sitework Permit Prior to issuance of Grading/Sitework Permit SOURCE Public Works Public Works Public Works information. The Applicant/Developer must fill III and return the applicant information contained on pages 2 and 3. The current cost of the permit is $10.00 at the time of permit issuance, although the Applicant/Developer will be responsible for any adopted Illcreases to the fee amount. 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 shall design and operate the site in a manner consistent with the Start at the Source publication, and according to Best Management Practices to minimize storm water pollution. All trash dumpsters and compactors which are not sealed shall have roofs to prevent contaminants from washing into the storm drain system. All storm drain inlets shall be stenciled "No Dumping - Drains to Bay" uSlllg an approved marker available from the Alameda Countywide Clean Water Program. Disabled Parking. All disabled parking stalls shall meet State Title 24 requirements, including providing curb ramps at each loading zone. Curb ramps cannot encroach within the loading/unloading areas. Disabled stalls shall be conveniently located and grouped near the pnmary entrances to each building. Van accessible stalls shall also be provided and shall meet State Title 24 requirements. Vehicle Parking. Applicant shall repair any distressed areas of pavement within the existing parking field, then seal and re- stripe the entire parking field. All parking spaces shall be double striped using 4" white lines set approximately 2 feet apart according to Figure 76-3 and ~8.76.070 (A) 17 of the Dublin Municipal Code. All compact -sized spaces shall have the word "COMPACT" stenciled on the pavements 9 CONDITION TEXT 25. 26. 27. RESPON. AGENCY PW PW PW WHEN REQ'D Prior to: SOURCE Prior to issuance of Public Works Grading/Sitework Permit Within 90 days of Public Works Planning Commission Approval Within 90 days of Public Works Planning Commission Approval CONDITION TEXT 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. Wheel stops as necessary shall be provided at the parking stalls. 28. Damage/Repairs. The Applicant/Developer shall be responsible for the repair of any damaged pavement, curb and gutter, sidewalk, or other public street facility resulting from construction activities associated with the development of the project. 29. Trash Bins. All trash dumpsters, boxes and bins shall be located in an approved trash enclosure or shall be located inside the tenant spaces. Trash dumpsters or bins may only be temporarily located outside of the building for trash pickup. At no time shall the dumpsters or bins or any similar item be located in a parking space or in a fire lane. 30. Trash Enclosure/Garbage Area. The proposed trash enclosure shall be architecturally designed to be compatible with the building. The enclosure shall have a roof constructed of materials that area architecturally compatible with the building. The doors must be designed with self-closing gates that can be locked closed and can also be held open with pin locks during loading. All trash bins used for this site shall be maintained within the trash bin enclosure( s) at all times. An area drain shall be installed within the trash enclosure with a connection to the sanitary sewer system. In addition, a hose bib shall be provided for convenient wash-down of the trash enclosure. Prior to installation of a trash enclosure, the Applicant or Property Owner shall apply for and receive approval of a Site Development Review Waiver and a Building permit. 31. Refuse Collection. The Applicant/Developer shall provide designated refuse collection areas for the RESPON. AGENCY PW PL,PW PW PW 10 WHEN REQ'D Prior to: SOURCE Within 90 days of Public Works Planning Commission Approval Following Planning Public Works Commission Approval Within 90 days of Public Works Planning Commission Approval Prior to issuance of Public Works Building Permit CONDITION TEXT project, subject to approval by the appropriate solid waste collection company prior to approval of improvement plans. All refuse collection areas shall be screened from public view and shall have roofs to protect against rainwater intrusion and floor drains connected to the sanitary sewer system to collect runoff from periodic washdown. The refuse collection service provider shall be consulted to ensure that adequate space is provided to accommodate collection and sorting of putrescible solid waste as well as source-separated recyclable materials generated by this proiect. 32. Required Permits. An encroachment permit from the Public Works Department may be required for any work done within the public right-of-way. Developer shall obtain all permits required by other agenCIes, including, but not limited to Alameda County Flood Control and Water Conservation District Zone 7, California Department of Fish and Game, Army Corps of Engineers, Regional Water Quality Control Board, Caltrans and provide copies of the permits to the Public Works Department. 33. Fees. The Developer shall pay all applicable fees in effect at the time of building permit issuance, including, but not limited to: Planning fees; Building fees; Dublin San Ramon Services District fees; Public Facilities fees; 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; and any other fees as noted III the Development Agreement. FIRE PREVENTION DIVISION 34. Roadways. Fire apparatus roadways must have a minimum unobstructed width of 20 feet (the existing drive aisle on the west side of the building can continue the current 11 RESPON. AGENCY PW PW F WHEN REQ'D Prior to: Various Times and Prior to issuance of Building Permit Prior to Issuance of Building Permit Completion Within 90 Days of Planning Commission Approval SOURCE Public Works Public Works CFC 2001, Section 902.2.2.1 CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: 18 feet wide aisle) 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. 35. Allowable Area. The allowable are for the F Within 30 Days of Fire building shall comply with CBC chapter 5. Planning Exiting for the space shall comply with Commission CBC chapter 10. Approval On-going 36. Hazardous Materials. The storage and use F On-going Fire of hazardous materials shall comply with the California Fire Code. 37. Fire Extinguisher. Provide 4A40BC fire F Within 30 Days of UFC Article extinguishers in the building. Planning 34 Commission Approval 38. Knox Box. A Knox Box or Knox Padlock F Within 30 Days of Fire shall be provided at both gates that provide Planning access to the space. The lock box shall Commission contain a key that provides access to the Approval yard. 39. Address Numbers. Approved address F Within 30 Days of CFC 901.4.4 numbers shall be placed on the space in Planning such a position as to be plainly visible and Commission legible from the street or road fronting the Approval property. Said numbers shall be placed on a contrasting background. 40. Codes. The project shall comply with F On-going Fire Uniform Building and Fire Codes as adopted by the City of Dublin. 41. Fire Inspection. Within 30 days of F Within 30 Days of Fire approval of the Planning Commission Planning approval, the Applicant (Tri- Valley Commission Towing) shall schedule and receIve an Approval Inspection from the Fire Marshall. The Fire Marshall will verify compliance with Conditions No. 46-51 during the Inspection. POLICE DEPARTMENT 42. Vehic1es. The total number of stored PO On-going Police vehicles at the business site will be limited 12 CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: to the vehicle parking space available within the Tri-Valley Towing building. The vehicles will be safely parked and the business operator will maintain safe access for the fire department. 43. Inventory. When towing a vehicle for PO On-going Police purposes of repossession, the tow driver shall inventory the contents of the towed vehicle pursuant to Business and Professions Code Section 7500 et seq. If deadly weapons or dangerous drugs are located in a vehicle, the tow driver shall immediately report the finding to the law enforcement agency in the jurisdiction from which the vehicle was to be towed. 44. Security. The applicant shall comply with PO On-going Police all applicable City of Dublin Non Residential Security Ordinance requirements. 45. Address Numbers. Addressing and PO On-going Police building numbers shall be visible from the approaches to the building. 46. Lighting. Exterior lighting shall be PO Issuance of Building Police installed over all doors. Permit!On-going The applicant shall submit a final lighting plan for approval by the Dublin Police. A photo metric lighting plan showing the foot candles provided by the lighting fixtures will be part of this lighting plan. 47. Parking Lot. Security lighting shall be PO On-going Police provided in parking lot areas. . 1.0 candle lights shall be installed at ground level in parking lot areas . lighting fixtures shall be of a vandal resistant type. 48. Landscaping. Exterior landscaping shall be PO On-going Police kept at a minimal height and fullness reducing someone's ability to conceal themselves. 49. Graffiti Abatement. The applicant shall PO On-going Police keep the site clear of graffiti vandalism on a regular and continuous basis at all times. Graffiti resistant materials should be used. 50. Theft Prevention and Security. The PO On-going Police applicant shall work with the Dublin Police on an ongoing basis to establish an effective theft prevention and security program. 13 CONDITION TEXT DUBLIN SAN RAMON SERVICES DISTRICT 51. Prior to the issuance of any building permit, complete improvement plans shall be submitted to DSRSD that conform to the requirements of 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. 52. 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. 53. 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. 54. 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 (above) have been satisfied. 55. The applicant shall hold DSRSD, its Board of Directors, commissions, employees, and RESPON. AGENCY DSRSD DSRSD DSRSD DSRSD DSRSD 14 WHEN REQ'D Prior to: Issuance of Building Permit SOURCE DSRSD Issuance of Building DSRSD Permit Issuance of Building Permit On-going Issuance of Building Permit DSRSD DSRSD DSRSD CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: agents ofDSRSD harmless and indemnify and defend the same from any litigation, claims, or fines resulting from the construction and completion of the project 56. Prior to the issuance of any building permit, DSRSD Issuance of Building DSRSD complete improvement plans shall be Permit submitted to DSRSD that conform to the requirements of 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. OTHER 57. The existing trailer located on the north side PL Within One Year of Planning of fue property adjacent to Dublin Planning Boulevard shall be removed by August 22, Commission 2007. Approval 58. All debris, garbage and similar items in PL Within 90 days of Planning parking stalls and in the circulation areas Planning shall be removed from the property within Commission 90 days of the approval of this Conditional Approval Use Permit. PASSED, APPROVED AND ADOPTED this 22nd day of August 2006 by the following vote: AYES: Chair Schaub, Vice Chair Wehrenberg, Commissioners Biddle, Fasulkey and King NOES: None ABSENT: None ABSTAIN: None U/~ Planning Commission Chair ATTEST: 15