Loading...
HomeMy WebLinkAboutPC Reso07-22 ALcosta Shell CUP & SDR PA06-013 RESOLUTION NO. 07-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW FOR THE ALCOSTA SHELL SERVICE STATION RECONSTRUCTION/EXPANSION AT 8999 SAN RAMON ROAD (APN 941-0164-001-07 and 941-0164-003-02) PA 06-013 WHEREAS, the Applicant, Kathy Kotulak-Hemmen of C&J Cox Corporation, on behalf of the property owners Carl A. and Jan A. Cox of Cox-Tracy, Inc., has requested approval ofa Conditional Use Permit and Site Development Review for the reconstruction and remodel of an existing service station which would include a new mini-mart, automated car wash and canopy structure over six new fuel dispensers (the "Project") on a 23,747 square foot site known as the Alcosta Shell Service Station at the southeast comer of Alcosta Boulevard and San Ramon Road; and WHEREAS, a complete application was submitted and is available and on file in the Community Development Department; and WHEREAS, the City of Dublin Planning Commission ("Planning Commission") held a public hearing on said application on November 28, 2006 and continued the hearing to a date uncertain, directing the Applicant to address the Planning Commission's concerns regarding the design of the Project; and WHEREAS, the Applicant has submitted revised Project plans dated received April 6, 2007; and WHEREAS, the Planning Commission held a public hearing on said application on April 24, 2007; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the application also includes a request for a Rezone from C-N, Neighborhood Commercial to C-2, General Commercial to allow for the establishment of the mini-mart and car wash; and WHEREAS, in accordance with Section 15063 of the California Environmental Quality Act (CEQA), an Initial Study was prepared to determine whether the Project as a whole would have a significant effect on the environment; and WHEREAS, based on the Initial Study it was determined that the Project would not have a significant effect on the environment therefore a Negative Declaration has been prepared; and WHEREAS, the Negative Declaration, dated June 6, 2006 ("Draft ND"), was circulated for public review and comment June 6, 2006 to June 26, 1006 (20 days) during which time no comments were received by the public; and WHEREAS, the Negative Declaration is hereby incorporated by reference and is attached as Exhibit A of Attachment 1 to the April 24, 2007 Planning Commission Agenda Statement; and WHEREAS, at the April 24, 2007 Planning Commission meeting the Planning Commission considered the Negative Declaration, Rezone, Conditional Use Permit and Site Development Review; and 1 of23 WHEREAS, approval of the Conditional Use Permit and Site Development Review is contingent upon City Council certification of the Negative Declaration and City Council adoption of the Rezone; and WHEREAS, the City Council will consider the Planning Commissions recommendation on the Negative Declaration and Rezone at the May 15, 2007 City Council meeting; and WHEREAS, a Staff Report prepared for the April 24, 2007 Planning Commission hearing was submitted recommending that the Conditional Use Permit and Site Development Review be conditionally approved; 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 service station reconstruction/expansion is compatible with other land uses, transportation and service facilities in the vicinity, in that: J) the proposed use will be compatible with the existing use and to the type and nature of operations typically found in the neighborhood; and 2) the General Plan land use designation for the area is Retail/Office, which includes shopping centers, stores, restaurants, businesses and professional offices, motels, service stations and the sale of auto parts. B. The proposed uses, 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, in that: J) the proposed modifications to the existing service station will be required to comply with all current building, fire and safety codes; and 2) the uses will not change from the existing use. C. The proposed uses, as conditioned, will not be injurious to property or improvements in the neighborhood, in that: J) the project is a reconstruction/expansion of an established service station that has been located in the neighborhood for several decades; and 2) the modernization of the existing service station will be more in keeping with the design characteristics of the adjacent mixed-use development (San Ramon Village Plaza) currently under construction. D. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use and related structures would not be detrimental to the public health, safety, and welfare, in that the site currently receives all public services and the proposed reconstruction/expansion of the existing service station is not anticipated to require a significant amount of additional services. E. The subject site is physically suitable for the type, density and intensity of the use being proposed, in that: J) the existing and proposed use types are the same, with the exception of the addition of a mini-mart; and 2) the project conforms to the General Plan land use and density requirements for Retail/Office. F. The proposed use, as conditioned, will not be contrary to the specific intent clauses, development regulations, or performance standards established for the zoning district in which it is located, in that: J) the Zoning Ordinance allows car washes and service stations with mini-marts as a conditional use in the C-2, General Commercial Zoning District; and 2) 2 of 23 conditions of approval have been applied to the project to ensure on-going compatibility with surrounding land uses. G. The proposed use, as conditioned, is consistent with the Dublin General Plan, which designates the land use of the property as Retail/Office. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin does hereby make the following findings and determinations regarding said proposed Site Development Review: A. Approval of this application is consistent with the purpose and intent of this Chapter, in that: 1) the design and materials of the proposed mini-mart will be compatible with the adjacent residential units and shopping center and with other buildings in the vicinity; and 2) the project will comply with the City's development regulations and requirements. B. Any approval complies with the policies of the General Plan, with any applicable Specific Plans, with the development regulations or performance standards established for the zoning district in which it is located, and with all other requirements of the Zoning Ordinance. A request to rezone the property from C-N (Neighborhood Commercial) to C-2 (General Commercial) has been submitted as part of the application in order to allow the mini-mart and car wash expansion under the current Zoning Ordinance. 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 in that the proposed use type as a service station will remain the same. The modernization of the existing facility will conform to current building and safety codes and will, therefore, improve health, safety and general welfare. D. The approved site development, including site layout, structures, vehicular access, circulation and parking, setbacks, height, walls, public safety and similar elements, has been designed to provide a desirable environment for the development, in that: 1) as conditioned, the building will meet current requirements of the Building and Fire Codes with respect to public safety, circulation, parking and vehicular access; and 2) the mini-mart and automated carwash have been situated on the site to optimize circulation, parking and vehicular access. E. The subject site is physically suitable for the type and intensity of the approved development, in that: 1) the site is currently developed as a service station and carwash, therefore, there will be no change in land use, just an expansion of the existing use. F. There will be no impact to views in that the proposed improvements will not detrimentally change the visual character of the site because: 1) views of the site are limited to the immediate area due to the location of the improvements. and the relatively flat topography of the site, as well as the presence of surrounding development; and 2) the building will be less than 20 feet in height. measured from the highest point, which is well below the maximum height allowed in the C-2 zoning district. G. There will be no impacts to existing slopes and topographic features, in that the proposed service station expansion/remodel will occur on a site that is already developed. H. Architectural considerations, including the character, scale and quality of the design, the architectural relationship with the site and other buildings, building materials and colors, screening of exterior appurtenances exterior lighting, and similar elements have been 3 of 23 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, neighborhoods, and uses. The architectural design and materials of the remodeled service station and car wash, including stucco finishes, columns, trim, storefront system, metal canopies and the trash enclosure, will be more in keeping with the surrounding development in the neighborhood than the outdated structures that currently exist. I. 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, in that, as conditioned: 1) a preliminary landscape plan was submitted as part of the application and includes a variety of species along both project frontages and internal areas of the site; and 2) the final landscaping and irrigation plans, which will address said landscaping considerations, will be required for review and approval prior to issuance of the building permit. J. The approval of this Site Development Review is consistent with the Dublin General Plan, which designates the land use of the property as Retail/Office. 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, r ADMl AdministrationlCitv Attomev, rFINl Finance, rFl Alameda County Fire Department, rDSRSDl Dublin San Ramon Services District rCOl Alameda County Department of Environmental Health. CONDITIONl'EXl' '. . ltESPON. .' WlmNQQ'I.) SQURCE . AGENCY Prior to: GENERAL 1. Permit Approval. This Conditional Use Permit PL On-going Planning and Site Development Review approval is for the expanSIOn and reconstruction of the A1costa Shell Service Station at 8999 San Ramon Road including a new service station canopy and fuel pumps, mini- mart, car wash and associated site improvements (the "Project"). The Project shall generally conform to the project plans submitted by C and J Cox Corporation/RHL Design Group, Inc. dated received April 6. 2007, on file in the Community Development Department, and other plans, text, and diagrams relating to this approval, unless modified by the Conditions of Approval contained herein. 2. Final Approval. Approval of the Conditional Use PL Building Permit Planning Permit and Site Development Review is contingent Issuance upon the approval of the Rezone request by the City Council. The approval of the Conditional Use Permit and Site Development Review will not take effect until the new zOOlng designation becomes effective. 4of23 3. Permit Expiration and Time Extension. PL One year from DMC Construction or use shall commence within one (1) date of approval 8.96.020.D year of Permit approval or the Permit shall lapse and andE become null and void. The original approving decision-maker may grant a time extension for a period no longer than six (6) months provided that the Applicant submits a written request for an extension prior to expiration of the Permit and a determination can be made that all Conditions of Approval remain adequate to assure that applicable findings of approval will continue to be met. 4. Revocation. The Conditional Use Permit and Site PL On-going DMC Development Review approval shall be revocable 8.96.020.1 for cause to accordance with Dublin Zoning Ordinance Section 8.96.020.1, Revocation. Any violation of the terms and conditions of this Permit may be subject to the issuance of a citation. 5. Annotated Conditions of Approval. An annotated PL Building Permit Planning copy of these Conditions of Approval (the official Submittal signed version) shall be provided in conjunction with all plan review submittals. Each condition shall include an annotation which explains and identifies by sheet number reference how each condition has been satisfied. Submittals will not be accepted without the annotated conditions. 6. Accessory/Temporary Structures. The use of any PL Ongoing DMC accessory or temporary structures, such as storage 8.108 sheds or trailer/container units used for storage or for any other purposes, shall be subject to review and approval by the Community Development Director. 7. Clean-up. The Applicant/Developer shall be PL Ongoing Planning responsible for clean-up and disposal of project related trash to maintain a safe, clean, and litter-free site. 8. Controlling Activities. The Applicant/ Developer PL Ongoing Planning shall control all activities on the project site so as not to create a nuisance to the existing or surrounding businesses and. residences. 9. Property Maintenance. The Applicant/ Developer PL On-going DMC 5.64 and Property Owner shall maintain the property in a safe, clean, and litter-free condition at all times. 10. Trash and Waste Accumulation. The Applicant/ PL Ongoing Planning Tenant shall provide and conduct regular maintenance of the site in order to eliminate and control the accumulation of trash, excess waste materials and debris. 11. Graffiti. The Applicant/Developer and Tenant/ PL,PO On-going DMC 5.68 5 of 23 Property Owner shall keep the site clear of graffiti vandalism on a regular and continuous basis at all times. Graffiti shall be removed as soon as detected and where practical graffiti resistant materials should be used. 12. Nuisance. The Applicant/Tenant shall control all PL On-going DMC business activity so as not to create a public or 5.28.020 private nuisance to the existing and surrounding businesses and residents. 13. Noise. Loudspeakers shall be controlled at a low PL,PO On-going DMC 5.28 level as so not to create a public or private nuisance to the existing and surrounding businesses and residential neighborhoods. No amplified music shall be allowed outside the enclosed buildings. 14. Temporary Promotional Banners and Balloons. PL On-going DMC Temporary Promotional Banner Signs and Balloons 8.84.050 shall only be permitted after first securing an approved Temporary Promotional Sign Permit. All temporary on-site signage shall be subject to the sign regulations contained in the City of Dublin Zoning Ordinance. 15. A-Frame Signs. The use of any A-Frame, portable, PL On-going DMC sandwich-board, pennants, or human-held signs on 8.84.150 the premises is strictly prohibited. Said signs and any form of off-site advertising signs shall also be prohibited upon any public property, including City streets and sidewalks. 16. Outdoor Events. Any outdoor activity shall be PL On-going DMC subject to review and approval of a Temporary Use 8.108.020 Permit per the City of Dublin Zoning Ordinance. pROJECT SPEClFIC- CONDITIONAL US,EPERMlT ..... ~. .. ... . .. . . 17. Modifications - Conditional Use Permit (CUP). PL Ongoing DMC Modifications or mlOor changes to the CUP 8.100.080 approval may be considered by the Community Development Director if the modifications or changes proposed comply with Section 8.100.080 of the Zoning Ordinance. 18. Annual Review. On an annual basis, the PL,PO On-going Planning Conditional Use Permit approval may be subject to a review by the Community Development Director to determine compliance with the Conditions of Approval. 19. Approval Period. The Conditional Use Permit PL On-going Planning approval shall be null and void in the event the approved use fails to be established within one year following the granting of occupancy or, if once established, the use ceases to operate for a continuous one-year period. 60f23 20. Hours of Operation. The approved hours of operation are 24 hours a day, 7 days a week. The Applicant/Tenant shall be responsible for ensuring that activities in the parking lot and any nOIse generated are controlled in a manner that minimizes the impacts to surrounding businesses and residents. 21. Parking. The parking area shall be used 10 the manner represented 10 project plans, written and verbal statements and other documents, and as stipulated in this Conditional Use Permit. PB,Q.fEC"f SP:&clli'lC'~rr:&..!I)Jt~t.~~_Nl'..8JtYltW'. 22. Modifications - Site Development Review (SDR). Modifications or changes to this SDR approval may be considered by the Community Development Director if the modifications or changes proposed comply with Section 8.104.100 of the Zoning Ordinance. 23. Master Sign Program. No permanent signage is approved as part of this CUP/SDR application. All permanent signage is subject to review and approval of a Master Sign Program prior to Issuance of building permits. 24. Colors. The exterior paint colors of the buildings are subject to City reVIew and approval. The Applicant shall paint a portion of the building for reVlew and approval by the Community Development Director prior to painting the entire structure. 25. Equipment Screening. All electrical and/or mechanical equipment shall be screened from public view. Any roof-mounted equipment shall be completely screened from view by materials architecturally compatible with the building and to the satisfaction of the Community Development Director. The Building Permit plans shall show the location of all equipment and screening for review and approval by the Community Development Director. 26. Trash Enclosure/Garbage Area. The proposed PL, PW trash enclosure shall be architecturally designed to be compatible with the building. The enclosure shall have a roof constructed of materials that are 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 PL PL On-going On-going Planning Planning , . ,.. " '. . .{.; ....... .,'. .'. ," ." . .'" .. .. PL Ongoing DMC 8.1 04.1 00 PL PL PL 70f23 Building Permit Issuance Occupancy Building Permit Issuance Through Completion/ Ongoing Issuance of Building Permit DMC 8.84.150 Planning Planning Planning and Public Works 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. LANDSCAPING .. ..... ..... .. ... ......... ... ... 27. Final Landscape and Irrigation Plans. Final Landscape and Irrigation Plans prepared and stamped by a State licensed landscape architect or registered engineer shall be submitted for review and approval by the Community Development Director. These plans shall be coordinated with on- site civil, streetlights, and utility improvement plans. The final plans shall be signed Community Development Director and the City Engineer. Plans shall be generally consistent with the preliminary landscape plan prepared by RHL Design Group, received April 6. 2007, except as modified by the Conditions listed below and as required by the Community Development Director. 28. Plant Species. Plant species shall be selected according to use, sun/shade location and space available. The landscape plan should include plant species that are not salt sensitive. Street trees shall be high branching and produce minimal litter. 29. Slopes. The landscape plan shall address slopes within the property, including erosion, maintenance and irrigation issues. All slopes shall have a one- foot level area at top and bottom of the slope for maintenance. 30. Landscaping at Street/Drive Aisle Intersections. Landscaping shall not obstruct the sight distance of motorists, pedestrians or bicyclists. Except for trees, landscaping (and/or landscape structures such as walls) at drive aisle intersections shall not be taller than 30 inches above the curb. Landscaping shall be kept at a minimal height and fullness giving patrol officers and the general public surveillance capabilities of the area and reducing the ability for persons to conceal themselves. 31. Photometric PlanlLighting Requirements. The Applicant/Developer shall prepare and submit a Photometric Plan with the Final Landscape Plans for review and approval in accordance with the Non Residential Security Ordinance requirements and to the satisfaction of the Community Development Director, Dublin Police Services and the City Engineer. The Plan shall show the foot candles 80f23 PL PL PL PL,PO PL,PW, PO Building Permit Issuance Building Permit Issuance Building Permit Issuance Building Permit Issuance and On-going Building Permit Issuance DMC 8.72.030 Planning Planning Planning and Police Planning provided by all light fixtures on the site. The design and placement of lighting shall not cause glare on adjoining properties, businesses, residences nor to vehicular traffic. Lighting used after daylight hours shall be adequate to provide for security needs. All light fixtures are subject to review and approval by the Community Development Director prior to issuance of building permits. The style and finish of the light fixtures shall be coordinated with the light fixtures for the adjacent San Ramon Village commercial center. 32. Street Lights and Trees. Maintain approximately PL,PO Building Permit Planning 15' clearance between streetlights and street trees. Issuance Where such clearance is not practical for design considerations, trees shall be increased to 36" box minimum to reduce the conflict between the lighting and foliage. 33. Standard Plant Material, Irrigation and PL Building Permit DMC Maintenance Agreement. The Applicant/ Issuance 8.72.050.B Developer shall complete and submit to the Dublin Planning Department the Standard Plant Material, Irrigation and Maintenance Agreement. 34. Plant Standards. All trees shall be 24" box PL Occupancy Planning minimum, with at least 30% at 36" box or greater; all shrubs shall be 5 gallon minimum. 35. Screening of Devices. The Landscape Plan shall PL, PW, F Building Permit Planning show the location of all backflow prevention Issuance devices, detector check valves, utility boxes and fire sprinkler risers. The location and screening of these devices shall be reviewed and approved by City staff. 36. Root Barriers and Tree Staking. The landscape PL,PW Building Permit Planning plans shall provide details showing that root barriers Issuance and tree staking will be installed which meet current City specifications. 37. Water Efficient Landscaping Ordinance. The PL Building Permit DMC 8.88 Applicant/Developer shall submit written Issuance 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. PARKS AND COMMUNITY SERVICES .... . . .... . << ... . 38. Public Facilities Fee. The developer shall pay a PCS Per Reso. Parks & Public Facilities Fee in the amounts and at the times 214-02 or Community set forth in City of Dublin Resolution No. 214-02, subseQuent Services 9of23 adopted by the City Council on November 19, 2002, or in the amounts and at the times set forth in any resolution revising the amount of Public Facilities Fee, as implemented by the Administrative Guidelines adopted by Resolution 195-99. BUILDING. DIVISION . ... .......... ... ...... ...... ....... .... ,>.. 39. Fees. The Applicant shall pay all applicable fees in B effect at the time of building permit issuance, including, but not limited to, Planning Fees, Building Fees, Dublin San Ramon Service District fees, Public Facilities fees, Tri Valley Transportation fees, Downtown Traffic Impact Fee, Dublin Unified School District impact fees, City of Dublin Fire Bureau fees, Noise Mitigation fees; Inclusionary Housing in lieu fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water connection fees. When and if applicable and customary, credits shall be applied for existing improvements. 40. Building Codes and Ordinances. All project construction shall conform to all building codes and ordinances in effect at the time of building permit. 41. 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. 42. 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. 43. Addressing. Approved address numbers shall be B, F, PO placed on all doors leading to the exterior of the building. Such addressing shall be painted on the door in a contrasting color. Addresses shall be B B B 10 of 23 Reso. ..' .... .. Issuance of Building Permits Through Completion Issuance of Building Permits Prior to issuance of building permits Prior to Occupancy Standard Building Building Building Building illuminated and shall be placed in such a position to be plainly visible and legible from the street or road fronting the property. Address numbers shall be 5 inches in height minimum. 44. 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, hold downs, straps, shear, roof diaphragm and structural frame of building. A written report shall be submitted to the City Inspector prior to scheduling the final frame inspection. 45. Air Conditioning, HV AC and Mechanical Units. Air conditioning units, ventilation ducts, mechanical equipment shall be screened from public view with materials compatible to the main building. Units shall be permanently installed on concrete pads or other non-movable materials approved by the Building Official and Director of Community Development. 46. Temporary Fencing. Temporary Construction fencing shall be installed along 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 of the fenced area or within the public right-of-way unless approved in advance by the City Engineer/Public Works Director. 47. Green Building Guidelines. To the extent practical the applicant shall incorporate Green Building Measures. Green Building plan shall be submitted to the Building Official for review. 48. 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. 49. 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. FIRE PREVENTIONDMstON 11 of 23 B B B,PW B B B .. Prior to frame Building inspection Occupancy of Building Unit During Building Construction and Prior to issuance of Occupancy Permit Through Building Completion Through Building Completion Prior to Building Occupancy . '" '.' .... '.', 50. Fire Sprinklers. Automatic sprinklers shall be F Prior to Fire provided throughout the building as required by the occupancy Dublin Fire and Building Codes. 51. The project shall comply with CFC article 52. F Prior to Fire occupancy 52. Signage. The following slgnage shall be F Issuance of CFC incorporated into an application for a Master Sign Building Permits Program/Site Development Review: 1. "Emergency fuel shutdown device" at the shutoff. CFC 5201.5.3 2. Signs prohibiting smoking and prohibiting dispensing into unapproved containers. CFC 5201.8 3. Signs stating that engines shall be shut off during fueling. CFC 5201.8 4. Conspicuous signs prohibiting tank filling and fuel dispensing. CFC 5202.3.7.4 53. Environmental Health. The underground portions F Through Fire of the work are reviewed by the Alameda County completion Environmental Health Department. Submit plans and comply with the requirements of the Alameda County Environmental Health Department. 54. Fire Extinguishers. Provide 2AI0BC fire F Prior to CFC extinguishers in the retail building/car wash. A occupancy minimum 2A, 20BC fire extinguisher is required within 75 feet of any pump, dispenser or fill-pipe opening. CFC 5202.10. An approved sign in accordance with the Uniform Fire Code shall be conspicuously posted above the extinguisher. CFC 1002 55. Knox Box. Provide a Knox box at the main entrance F Prior to CFC 902.4 to the retail building. The Knox box shall contain a occupancy key that provides access to the tenant space. Order forms for the Knox box are available at the fire prevention office at the address above. The key can be placed in the box during the Fire Department inspection. 56. Code Compliance. The project shall comply with F Through Fire Uniform Building and Fire Codes as adopted by the completion City of Dublin. ..PUBLICWORKS . .. ......i.,'...: . ,. . . . '., .' ",., .. .<. . ..' .< "L<' .... . ,.', ,'" " ',.. ,.. ..' "" ,.,. "..,. '.,>,,;' .'" .. .. '." ," '.' 57. Clarifications and Changes to the Conditions. In PW Prior to approval Public the event that there needs to be clarification to these of IInprovement Works Conditions of Approval, the Directors of Plans 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 bv the Directors of 120f23 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 of this project. 58. 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. 59. Hold Harmless/Indemnification. The 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 of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City to the extent such actions are brought within I. the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that The Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying The Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. 60. Conditions of Approval. A copy of the Conditions of Approval which has been annotated how each condition is satisfied shall be included with the submittals to the Public Works Department for the review of the improvements plans. 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. 61. Title Report. A current preliminary title report (prepared within the last six months) together with copies of all recorded easements and other encumbrances and copIes of Final Maps for adjoining properties and off-site easements shall be submitted for reference as deemed necessary by the City Engineer/ Director of Public Works. 130f23 PW PW PW PW Approval of Improvement Plans Through completion of Improvements and occupancy of the Buildings With each submittal of Improvement Plans Prior to approval of Improvement Plans Public Works Public Works Public Works Public Works 62. Improvements within Existing Easements. The Applicant/Developer shall obtain written permission from the beneficiaries of all existing easements encumbering the site before constructing improvements within the easement areas if the proposed improvements are inconsistent with purpose for which the easement was created. Said permISSIon shall be forwarded to the City as evidence of the Applicant/Developer's right to construct said improvements. 63. Improvement Agreement and Security. Pursuant to ~ 7 .16.620 of the Municipal Code, the Applicant shall obtain a Grading!Sitework Permit from the Public Works Department that governs the installation of required site improvements. As a condition of issuance of said permit, Improvement Security shall be posted to guarantee the faithful performance of the permitted work. Such security shall be in the form of cash, a certified or cashier's 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. 64. Improvement and Grading Plans. All improvement, drainage, utility and grading plans submitted to the Public Works Department for review/approval shall be prepared in accordance with the approved SDR, 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/Deve1oper shall also fill-out and submit a City of Dublin Improvement Plan Review Checklist (three 8-1/2" x 11" pages). Said checklist includes necessary design criteria and other pertinent information to assure that plans are submitted in accordance with established City standards. The plans shall also reference the current City of Dublin Standard Plans (booklet), and shall include applicable City of Dublin Improvement Plan General Notes (three 8-1/2" x 11" pages). For on- site improvements, the Applicant/ Developer shall adhere to the City's On-site Checklist (eight 8-1/2" x 11" pages). All of these reference documents are available from the Public Works Department (call 140f23 PW PW PW Prior to approval of IInprovement Plans Prior to issuance of Grading! Sitework Permit Prior to issuance of Grading! Sitework Permit Public Works Public Works Public Works telephone 925-833-6630 for more information). The Grading Plan shall be in conformance with the recommendations of the Geotechnical Report, the approved SDR, and the City design standards & ordinances. In case of conflict between the soil engineer's recommendations and City ordinances, the City Engineer shall determine which shall apply. A detailed Erosion Control Plan shall be included with the Grading Plan. The plan shall include detailed design, location, and maintenance criteria of all erosion and sedimentation control measures. Detailed Engineer's Estimate of improvement costs shall be submitted with the plans. 65. Grading!Sitework Permit. All improvement work must be performed per a Grading! 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 Grading/Site Improvement Permit Application Instructions and attached application (three 8-1/2" x 11" pages) for more information. The Applicant/Developer must fill in and return the applicant information contained on pages 2 and 3. The current cost of the permit is $10.00 due at the time of permit Issuance, although the Applicant/Developer will be responsible for any adopted increases to the fee amount. 66. 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 and/or 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 and/or Public Works Director. All grading, construction, and development activities within the City of Dublin must comply with the provisions of the Clean Water Act. Proper eroSIOn control measures must be installed at development sites within the City during construction, and all activities shall adhere to Best Management Practices. 150f23 PW PW Issuance of Grading! Sitework Permit Issuance of Grading! Sitework Permit and during construction Public Works Public Works 67. 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. Runoff from pavement areas shall be directed to biofiltration swales or other approved post-construction storm water BMPs. Storm drain markers shall be installed on all storm drain inlets using an approved marker available from the Alameda Countywide Clean Water Program 68. Storm Drain Improvements. Applicant/ Developer shall construct all required storm drain improvements in accordance with a site-specific hydrologylhydraulic analysis and/or as specified by the Public Works Director. Plans submitted for the storm drain improvements shall include full drainage pattern for the entire parking lot. 69. 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 of the project. Said agreement is required pursuant to Provision C.3.e.ii of RWQCB Order R2-2003-0021 for the reissuance of the Alameda Countywide NPDES municipal storm water permit. Said permit requires the City to provide verification and assurance that all treatment devices will be properly operated and maintained. 70. Zone 7 Drainage Fee. The applicant will be required to pay Zone Ts SDA 7-1 Impervious surface Area fees for all new hardscape areas. 71. Roof Drainage. Roof drainage shall drain across bio-swales or into bio-filters prior to entering the storm drain system. The landscaping and drainage improvements in the bio-swale and bio-filters shall be appropriate for water quality treatment. The City Engineer may exempt specific roof leaders from this requirement if space limitations prevent adequate water treatment without creating hazards, nuisance l60f23 PW PW PW PW PW Issuance of Grading! Sitework Permit Issuance of Grading! Sitework Permit Issuance of Occupancy Permit(s) Issuance of Building PermiUs) Approval of Improvement Plans Public Works Public Works Public Works Public Works Public Works or structural concerns. Concentrated flows will not be allowed to drain across public sidewalks. 72. Geotechnical Report and Recommendations. The Applicant/ Developer shall incorporate the recommendations of the project Geotechnical Investigations report or as may be amended by subsequent report, and additional mitigation measures required by the City Engineer, into the project design. The Geotechnical Engineer shall certify that the project design conforms to the report recommendations prior to issuance of a Grading/Sitework Permit. All report recommendations shall be followed during the course of grading and construction. 73. 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 primary entrances to each building. Van accessible stalls shall also be provided and shall meet State Title 24 requirements. 74. Disabled Access Ramps. The Applicant/ Developer shall install disabled access ramps, and where necessary replace or retrofit all existing handicapped ramps, including those located along the project frontage, to meet current State Title 24 requirements. 75. 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 g8.76.070 (A) 17 of the Dublin Municipal Code. All compact-sized parking spaces shall have the word "COMPACT" stenciled on the pavement within each space. 12"- wide concrete step-out curbs shall be constructed at each parking space where one or both sides abuts a landscaped area or planter. Wheel stops as necessary shall be provided at the parking stalls. 76. Sidewalk. The Applicant/Developer shall repair any damaged sidewalk along the site frontage. Per Section 1114B.l.2 of the California Building Code, an accessible and direct route travel shall be provided between the building and the public sidewalk on San Ramon Road 77. Si~s and Pavement Markin~s. The Applicant/ 170f23 PW PW PW PW PW PW Issuance of Grading/ Sitework Permit and during construction Issuance of Occupancy Permit(s) Issuance of Occupancy Permit(s) Issuance of Occupancy Permit(s) Issuance of Occupancy Permit(s) Issuance of Public Works Public Works Public Works Public Works Public Works Public Developer shall be responsible for the following on- site traffic signs and pavement markings: 1. Handicapped parking signs and legends per State Title 24 requirements. Any other signs and markings deemed reasonably necessary by the City Engineer and/or Public Works Director during final design and/or construction. 78. Relocation of Existing Improvements/ Utilities. Any necessary relocation of existing improvements or utilities shall be accomplished at no expense to the City. 79. Construction Hours. Construction and grading operations shall be limited to weekdays (Monday through Friday) and non-City holidays between the hours of 7:30 a.m. and 5:30 p.m. The Applicant/Developer may request permission to work on Saturdays and/or holidays between the hours of 8:30 a.m. and 5:00 p.m. by submitting a request form to the City Engineer no later than 5:00 p.m. the prior Wednesday. Overtime inspection rates will apply for all Saturday and/or holiday work. 80. Construction Noise Management Program! Construction Impact Reduction Plan. Applicant/ Developer shall conform to the following Construction Noise Management Program! Construction IInpact Reduction Plan. The following measures shall be taken to reduce construction impacts: 1. Off-site truck traffic shall be routed as directly as practical to and from the freeway (1-680) to the job site. An Oversized Load Permit shall be obtained from the City prior to hauling of any oversized loads on City streets. 2. The construction site shall be watered at regular intervals during all grading activities. The frequency 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. Use recycled or other non-potable water resources where feasible. 3. Construction equipment shall not be left idling while not in use. 4. Construction equipment shall be fitted with noise muffling devices. 5. Mud and dust carried onto street surfaces by construction vehicles shall be cleaned-up on a 180f23 PW PW PW Occupancy Permit(s) Acceptance of Improvements by City Council During Construction During Construction Works Public Works Public Works Public Works daily basis. 6. Excavation haul trucks shall use tarpaulins or other effective covers. 7. Upon completion of construction, measures shall be taken to reduce wind erosion. Repaving should be completed as soon as possible. 8. After grading is completed, fugitive dust on exposed soil surfaces shall be controlled using the following methods: a) All portions of the site shall be sufficiently watered to prevent dust. b) On-site vehicle speed shall be limited to 15 mph. c) 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. 9. The Department of Public Works shall handle all dust complaints. The City Engineer may require the services of an air quality consultant to advise the City on the severity of the 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. 10. Construction interference with regional non- project traffic shall be minimized by: a) Scheduling receipt of construction materials to non-peak travel periods. b) Routing construction traffic through areas of least impact sensitivity. c) Routing construction traffic to minimize construction interference with regional non-project traffic movement. d) Limiting lane closures and detours to off-peak travel periods. e) Providing ride-share incentives for contractor and subcontractor personnel. f) Emissions control of on-site equipment shall be minimized through a routine mandatory program of low-emissions tune- ups. 81. Damage/Repairs. The Applicant/Developer shall be responsible for the repair of any damagede 190f23 PW Acceptance of Improvements Public Works pavement, curb & gutter, sidewalk, or other public street facility resulting from construction activities associated with the development of the proiect. 82. Fire Hydrants. The Applicant/Developer shall construct all new fire hydrants in accordance with City of Dublin Fire requirements. Final location of fire hydrants shall be approved by City of Dublin Fire in accordance with current standards. Raised blue reflectorized traffic markers shall be epoxied to the center ofthe street opposite each hydrant. 83. 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: 1. The walkways providing access to the building shall be complete, as determined by the City Engineer, to allow for safe, unobstructed pedestrian and vehicle access to and from the site. 2. All traffic control devices providing access to the site shall be in place and fully functional. 3. All address numbers for streets providing access to the buildings shall be in place and visible. 4. Lighting for the site shall be adequate for safety and security. Exterior lighting shall be provided for building entrances/exits and pedestrian walkways. Security lighting shall be provided as required by Dublin Police. 5. 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. 6. All fire hydrants shall be operable and easily accessible to City and City of Dublin Fire personnel. 7. All site features designed to serve the disabled (i.e. H/C parking stalls, accessible walkways, signage) shall be installed and fully functional. 84. Refuse Collection. The Applicant/ Developer shall I provide designated refuse collection areas for the 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. 20 of 23 PW PW PW by City Council Prior to issuance of Occupancy Permits Prior to issuance of Occupancy Permit Issuance of Building Permit Public Works Public Works Public Works 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 rec clable materials enerated b this ro' ect. 85. Required Permits. An encroachment permit from PW 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 ermits to the Public Works De artment. 86. Public Improvements. All public improvements PW constructed by Developer and to be dedicated to the City are hereby identified as "public works" under Labor Code section 1771 unless the Public Works Director specifically determines otherwise in writing. Accordingly, Developer, in constructing such improvements, shall comply with the Prevailing Wage Law (Labor Code. Sects. 1720 and followin ). 'DUBLIN..POL'CE..S~ai\tlC~S 87. Non Residential Security Ordinance requirements. The Applicant/Developer shall comply with all applicable City of Dublin Non Residential Security Ordinance requirements. 88. Security Plan Required. The Applicant/ PO Developer shall submit a Security Plan for the site for review by Dublin Police Services prior to occupancy. The Plan shall include information on: 1. Alarm systems 2. Camera systems 3. Key control 4. A completed "Business Site Emergency Response Card" 5. Emplo ee safety/securit training DSRSD UBLIN SAN RAMON SERVICES DISTRICT 89. Improvement Plan Submittal. Prior to issuance of DSRSD any Building Permit by the City of Dublin, 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 Desi and Installation of Water and Wastewater Various Times and Prior to Issuance of Building Permit Public Works Acceptance of Improvements by City Council Public Works Occupancy Police Issuance of any building permit 21 of23 Facilities", all applicable DSRSD Master Plans and all DSRSD policies. 90. Fees. Prior to issuance of any Building Permit by the DSRSD City of Dublin or any Construction Permit by DSRSD, 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. 91. Improvement Plan Approval for DSRSD DSRSD Facilities. Prior to issuance of any Building Permit by the City of Dublin or any Construction Permit by the DSRSD, 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. 92. Utility Construction Permit. No sewer or water DSRSD line construction shall be permitted unless the proper utility construction permit has been issued by DSRSD. A construction permit will only be issued after all DSRSD conditions have been satisfied. 93. Indemnification. The Applicant shall hold DSRSD, DSRSD it's 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. OtBERCONDItIONS ..<" . 94. Construction, Ingress and Egress, and PL, PW Maintenance Easement. The ApplicantlDeveloper shall obtain any and all necessary easements for the construction, ingress and egress, and maintenance of a driveway sufficient to allow vehicular and fuel truck access (ingress and egress) to and from San Ramon Road, which easement(s) shall be in a form 220f23 Issuance of any permit Issuance of any permit On-going DSRSD DSRSD DSRSD DSRSD '. .' - ~~ ---~ .-. Occupancy Planning and Public Works satisfactory to the City Attorney. Such easement(s) shall be in addition to any rights granted by Easement Agreement 2004476257 dated 10/25/2004. 95. Driveway Design - San Ramon Road. PL Issuance of Planning Modifications to the design of the driveway south of Building Permits the project on San Ramon Road (APN 941-0164- 003-03), as approved under Ordinance 19-04 and City Council Resolution 81-04 for the San Ramon Village Plaza project, are subject to review and approval by the City in accordance with the Dublin Zoning Ordinance. Such approval is required prior to commencing construction on modifications to this area. 96. Driveway Construction. Prior to occupancy, PL Occupancy Planning construction of the driveway south of the project on San Ramon Road shall be complete and the driveway shall be open and operational. PASSED, APPROVED, AND ADOPTED this 24th day of April 2007 by the following vote: AYES: Chair Schaub, Vice Chair Wehrenberg, Commissioners Biddle, King, Tomlinson NOES: None ABSENT: None ABSTAIN: None ~ dd", Planning Commission Chair ATTEST: G:IPA#\2006106-013 Shell Gas Station RemodellPCIPC Reso CUP _SDR,DOC 23 of 23