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HomeMy WebLinkAboutPC Reso 08-13 Appv SDR 2 Retail Bldgs Grafton Sta PA08-010 RESOLUTION NO. 08 - 13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING SITE DEVELOPMENT REVIEW FOR TWO RETAIL BUILDINGS LOCATED AT THE SOUTHWEST CORNER OF DUBLIN BOULEVARD AND GRAFTON STREET AND BORDERED BY DUBLIN BOULEVARD AND NORTHSIDJ8: DRIVE IN THE GRAFTON STATION SHOPPING CENTER (APN 985-0036-009) PA 08-010 WHEREAS, the Applicant, Stanforth Holding Company, has requested approval of a Site Development Review for the construction of one 106,846 square foot building and one 16,600 square foot building, located in a portion of Area H of Dublin Ranch, within the Eastern Dublin Specific Plan, at the southwest corner of Dublin Boulevard and Grafton Street and bordered by Dublin Boulevard and Northside Drive in the shopping center referred to as Grafton Station; and WHEREAS, the Applicant has submitted a complete application for Site Development Review for the construction of two retail buildings in the Grafton Station shopping center; and WHEREAS, the Applicant has submitted project plans for the requested entitlement prepared by MacKay and Somps and William Hezmalhalch Architects Inc. receiv~d by the Planning Division on June 17, 2008; and WHEREAS, the California Environmental Quality Act (CEQA), together with State guidelines and City environmental regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, the City Council approved a Mitigated Negativl~ Declaration by Resolution No. 34- 00 (entitled and hereinafter referred to as the "1999 Mitigated Negative Declaration"); and WHEREAS, pursuant to the CEQA, an Addendum to the Eastern Dublin Specific Plan area Program Environmental Impact Report (the "Eastern Dublin EIR"), which was certified by the City Council by Resolution No. 51-93, was adopted by the City Council on August 15, 2006 for Grafton Station; and WHEREAS, a Staff Report was submitted to the Planning Commission on June 24, 2008 recommending approval of said application; and WHEREAS, the Planning Commission did hold a public hearing on said application; and WHEREAS, proper notice of said hearing was given in all respects as required by law. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Dublin does hereby make the following findings and determinations regarding the proposed Site Development Review: A. The proposed Project, as conditioned, is consistent with the purpose and intent of Chapter 8.104 Site Development Review of the Zoning Ordinance becaWie: 1) the proposed project will be compatible with the surrounding area because the development is designed with respect to the adjacent properties which are designated for commercial and office uses as well as the residential development and neighborhood commercial center located across Dublin Boulevard as required by Section 8.104.020.A of the Dublin Zoning Ordinance; 2) the :)foposed project will conform to the density, design, and allowable uses as stated in the Stage I Development Plan for Area H in Dublin Ranch as required by Section 8.104.020.B of the Dublin Zoning Ordinance; 3) the project will be an attractive addition to the City and therefore will meet the requirements of Sections 8.104.020.D and E; and 4) the proposed retail buildings are compatible with the Lowe's Home Improvement Warehouse and Garden Center which were approved by the Planning Commission on July 25,2007 and the four retail buildings which were ap:)roved by the Planning Commission on March 27,2007. B. The proposed Project, as conditioned, will be compatible with the surrounding area and complies with the policies of the General Plan and the Eastern Dublin Specific Plan, the zoning requirements of the Stage 1 Development Plan for Area H of Dublin Ranch and the Stage 2 Rezone for Grafton Station in which the project is located because: 1) the overall design of the project, with a main street design theme, is consistent with the design requirements discussed in the Stage 2 Planned Development design guidelines; 2) the overall project, including future development in accordance with the Stage 2 Development Plan, will be consistent with the Floor Area Ratio (FAR) (.25) and total development potential for the site as stated in the amended Stage 1 Development Plan; 3) the proposed development is compatlble with the General Plan Land Use designation of General Commercial and General CommerciaVOffice which allows for a combination of retail and office uses which the proposed project will achieve; 4) the proposed project is consistent with the overall design requirements of the Stage 1 Development Plan which calls for an attractive design and encourages a connection between the design in Area H and Area G and the proposed desigrl compliments the main street design theme for Area G which incorporates some architectural design changes to show that the project site is a separate area in Eastern Dublin in order to promote the importance of Area G which is intended to be a neighborhood commercial center; and 5) the proposed project meets the intent of the Dublin General Plan which discourages projects which do not relate vlell to the surrounding developments and the proposed project is compatible with the neighborhood which includes office, high density residential and retail uses. C. The proposed Project, as conditioned, will not adversely ajfect the health or safety of persons residing or working in the vicinity, nor be detrimental to the public health, safety and welfare because: 1) there will not be any significant environmental impacts associated with the project and the project has been conditioned to comply with all mitigation measures adopted as part of the Eastern Dublin Specific Plan EIR and the 1999 Mitigated Negative Declaration prepared for Area H; 2) an addendum to the Eastern Dublin EIR was adopted by the City Council on August 15, 2006 which demonstrated that the Grafton Station project will not adversely impact the environment beyond what was studied in the Eastern Dublin EIR or the 1999 Mitigated Negative Declaration; 3) the site layout and design of the proposed btildings are compatible with the site layout and design of buildings shown in the Stage 2 Planned Development Rezone and the amended Stage 2 Development Plan; and 4) as conditioned, the buildings will be operated in such a manner as to reduce impacts on the surrounding neighborho(ld. 2 D. The proposed Project will not be injurious to property or improvements in the neighborhood because: 1) the project has been conditioned to comply with all Building Division, Fire Department, Public Works Department, Planning Division and Dublin San Ramon Services District requirements; and 2) as conditioned, the building, site and related retail use will be operated in such a manner as to reduce impacts on the surrounding neighborhood, streets and pedestrian areas. E. The site development for the proposed Project has beer. designed to provide a desirable environment for the Project and surrounding areas because: ]) as designed, the architecture of the buildings including roof fomls, colors and materials is compatible with the roof forms, colors and materials in the design guidelines for the Grafton Station shopping center; 2) as shown on the Landscape Plans, the proposed landscaping is compatible with the existing and approved landscaping in the area including landscaping which is propm;ed for the overall site; 3) the overall design of the project is consistent with the design requiremmts discussed in the Stage 2 design guidelines; 4) the buildings have been designed with different architectural design themes to replicate the various storefronts which are typical of a main 1.treet and consistent with the overall design theme and requirements of the Stage 2 design guidelinl:s; 5) the architecture of the building includes varying roof designs and heights and awnings and therefore is consistent with the design guidelines which encourage the use of these elements; 6) all mechanical equipment, as conditioned, including HV AC units and trash compactors are located behind screens as required by the design guidelines; and 7) the building materials are varied throughout the buildings to promote the main street design theme as required by the desigll guidelines. F. The subject site is physically suitable for the type, density, and intensity of the proposed Project and related structures because: 1) the Stage 1 Planned Development Zoning identified this property as having the potential to be developed with retail uses including regional scale and community serving scale retail uses; 2) the entire shopping center, including the Lowe's project and the proposed project, once complete, will have an overall FAR of .25 which is consistent with the Stage I Development Plan which limits the FAR of the ste to .25; 3) the proposed density of the site is consistent with the Eastern Dublin Specific Plan and future commercial development in the area which requires general commercial development in the Tassajara Gateway subarea to have a FAR of .25 or less; and 4) the proposed buildings are compatible with the approved Lowe's Home Improvement Warehouse and the four retail buildings ,:currently under construction) which will be located in the Grafton Station shopping center. G. There are no impacts to slopes or topographic features becawe: the existing site is relatively flat. H. The character, scale and qu.ality and design of the project is compatible with the proposed development, existing and approved projects in the area and with anticipated future development in the area because: 1) the proposed project includes retail buildings which are compatible with the development of the shopping center and the adjacent pr'Jperties as discussed in the Eastern Dublin Specific Plan; 2) the proposed big box building is designed to present an attractive fa<;:ade on Dublin Boulevard, consistent with the design guidelines; ~;) the perceived massing and overall density of the site is reduced by pedestrian elements, attractive landscaping, window forms, varying roof forms and varying building wall set backs; 4) the proposed design of the buildings includes architectural elements which are consistent with the cesign theme for the shopping center, 3 as established by the design guidelines, which is a main street design theme; 5) the design of the buildings is well designed in and of itself and provides an attnctive addition to the vicinity; and 6) the proposed color palette is compatible with colors found in ta.e vicinity. I. Parking on-site will conform to the requirements of the Dublin Zoning Ordinance, Stage 1 Planned Development Zoning and as amended by the Stage .? Development Plan because: 1) the entire shopping center, including Lowe's, will form a pool of parking that can be used for all tenants of the shopping center; 2) a total of 1,153 parking stalls will be provided to support the entire Grafton Station development; and 3) the total number of parking spaces exceeds the anticipated amount of required parking by 131 parking spaces. J. The landscaping will provide an attractive feature, will be compatible with the surrounding area and will conform to the Stage 1 Planning Development Zoning and Stage 2 Planned Development Rezone because: 1) the parking lot tree species will conform to the approved species as stated in the Stage 2 Planned Development; 2) a mix of attractive plantings is located throughout the site, including in the parking lot, and 3) evergreen trees have been provided in the parking lot to create a canopy year round to break up the expanse of parking in the ,hopping center. K. Approval of this amendment complies with Chapter 8.58 reltlting to the Public Art Contribution because: 1) the proposed Project has been conditioned to require the Applicant to pay the public art in-lieu fee; and 2) the project plans have identified locations where public art could be installed on the site and the project has been conditioned to require an c:asement to allow for the installation of public art in the future. BE IT FURTHER RESOLVED that the Planning Commission does hereby approve said application, Site Development Review, for two retail buildings and related improvements located at the southwest corner of Dublin Boulevard and Grafton Street and l:ordered by Dublin Boulevard and Northside Drive, as generally depicted in the written statement and project plans prepared by MacKay and Somps and William HezmalhaIch Architects Inc. and to the Landscape Plans prepared by the GLS Architecture/Landscape received by the Planning Division on June 17, 2008 labeled Attachment 4 of the June 24, 2008 Planning Commission Agenda Statement, stamped approved, and on file with the Community Development Department, subject to the following condi1 ions: 4 CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use, and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [PL] Planning, [B) Building, [PO] Police, [PW] Public Works, [ADM] Administration/City Attorney, [FIN] Finance, [PCS] Parks and Community Services, [F) Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [LDD], Livermore Dublin Disposal, [CO] Alameda County Department of Environmental Health, [Zone 7], Alameda County Flood Control and Water Conservation District, Zone 7, [LA VTA], Livermore Amador Valley Transit Authority, [CHS], California Department of Health Services. CONDITION TEXT GENERAL - SITE DEVELOPMENT REVIEW 1. Approval. This Site Development Review approval for two retail buildings in the Grafton Station shopping center, P A 08-010 establishes the detailed design concepts and regulations for the project. Development pursuant to this Site Development Review generally shall conform the project plans submitted by MacKay and Somps and William Hezmalhalch Architects received June 17, 2008 on file in the Community Development Department, and other plans, text, and diagrams relating to this Site Development Review, unless modified by the Conditions of Approval contained herein. 2. Permit Expiration. Construction or use shall commence within one (1) year of Permit approval or the Permit shall lapse and become null and void. Commencement of construction or use means the actual construction or use pursuant to the Permit approval or demonstrating substantial progress toward commencing such construction or use. If there is a dispute as to whether the Pernlit has expired, the City may hold a noticed public hearing to determine the matter. Such a determination may be processed concurrently with revocation proceedings m appropriate circumstances. If a Permit expires, a new application must be made and processed according to the requirements of this Ordinance. 3. Time Extension. The original approving decision- maker may, upon the Applicant's written request for an extension of approval prior to expiration, and upon the determination that any Conditions of Approval remain adequate to assure that applicable findings of approval 5 I RESPON. WHEN AGI:NCY REQ'D Prior to: I'L On-going I'L One year from peffili t approval I'L One year from permit approval SOURCE Planning DMC 8.96.020. D DMC 8.96.020.E CONDITION TEXT 4. will continue to be met, grant a time extension of approval for a period not to exceed six (6) months. All time extension requests shall be noticed and a public hearing or public meeting shall be held as required by the particular Permit. Permit Validity. This Site Development Review approval shall be valid for the remaining life of the approved structure so long as the operators of the subject property comply with the project's conditions of approval. Revocation of Permit. The Site Development Review approval shall be revocable for cause in accordance with Section 8.96.020.1 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. Development Agreement. The Developer shall meet all applicable sections of the Development Agreement for Area H and the four retail pads. 5. 6. 7. Requirements and Standard Conditions. The Applicant/ Developer shall comply with applicable City of Dublin Fire Prevention Bureau, Dublin Public Works Department, Dublin Building Department, Dublin Police Services, Alameda County Flood Control District Zone 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Department of Health Services requirements and standard conditions. Prior to issuance of building permits or the installation of any improvements related to this project, the Developer shall supply written statements from each such agency or department to the Planning Department, indicating that all applicable conditions required have been or will be met. Required Permits. 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. Fees. Applicant/Developer shall pay all applicable fees in effect at the time of building permit issuance, 6 8. 9. RESPON. AGENCY PL PL ADM VaJious PW VaJious WHEN REQ'D Prior to: On-going On-going On-going Building Permit Issuance Building Permit Issuance Building Permit SOURCE DMC 8.96.020.F DMC 8.96.020.1 Administr ationl City Attorney Standard Standard Various CONDITION TEXT including, but not limited to, Planning fees, Building fees, Traffic Impact Fees, TVTC fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees, Fire Facilities Impact fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; or any other fee that may be adopted and applicable. 10. 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 related to this project to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that The Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying The Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. 11. Clean-up. The Applicant/Developer shall be responsible for clean-up and disposal of project related trash to maintain a safe, clean, and litter-free site. 12. Modifications. Modifications or changes to this Site Development Review approval may be considered by the Community Development Director if the modifications or changes proposed comply with Section 8.104.1 00 ofthe Zoning Ordinance. 13. Controlling Activities. The Applicant/Developer shall control all activities on the project site so as not to create a nuisance to the existing or surrounding businesses and residences. 14. Soft Building Materials. Soft Foam or efis type material may not be installed within 6 feet from the earth or paved areas. 15. Accessory/Temporary Structures. The use of any accessory or temporary structures, such as storage 7 RE~,PON. AG]~NCY A)M I'L I'L PL PL FL WHEN REQ'D Prior to: Issuance On-going On-going On-going On-going Building Permit Issuance/ On-going On-going SOURCE Administr ationlCity Attorney Planning DMC 8.104.100 Planning Planning DMC 8.108 CONDITION TEXT sheds or trailer/ container units used for storage or for any other purposes, shall be subject to review and approval by the Communitv Development Director. PROJECT SPECIFIC 16. Mitigation Monitoring Program. The Applicant! Developer shall comply with the Eastern Dublin EIR Mitigation Monitoring Program and the 1999 Mitigated Negative Declaration for Planning Area H including all mitigation measures, action programs, and implementation measures on file with the Community Development Department. 17. 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 Director of Community Development. 18. Colors. The exterior paint colors of the buildings are subject to City review and approval. The Applicant shall paint a portion of the building the proposed colors for review and approval by the Director of Community Development pnor to painting the buildings. 19. Retail Spaces and Restaurant. The store restaurant and parking areas shall at all times be kept free of storage materials, pallets, trashcans, bins, boxes, trash bags, and other materials. These areas of the store and site shall be policed as often as necessary in order to keep the site neat and clean. 20. Trash Enclosure. At no time shall boxes, pallets or any other item be stored outside of the trash enclosures. If trash bins or cans are removed from the trash enclosure for pick-up they shall be immediately returned to the trash enclosure after collection. 21. Parking Lot Sales. Any outside events, including promotional sales and Christmas tree sales, shall be subject to the Temporary Use Permit requirements contained in the City of Dublin Municipal Code, specifically Section 8.108.020. 8 RESPON. AGI:NCY l'L l'L l'L I'L I'L I'L WHEN REQ'D Prior to: On-going Building Permit Issuance Through Completion! On-going Occupancy On-going On-going On-going SOURCE Eastern Dublin EIR 1999 Mitigated Negative Declaratio n Planning Planning Planning Planning Planning CONDITION TEXT RESPON. AGENCY PL 22. Trash and Waste Accumulation. The Applicant or any future owner shall provide and conduct regular maintenance of the site at least once daily, in order to eliminate and control the accumulation of trash, excess waste materials and debris. LANDSCAPING 23. Final Landscape and Irrigation Plans. Final PL Landscape and Irrigation Plans, prepared and stamped by a State licensed landscape architect or registered engineer, shall be submitted lor review and approval by the City Engineer and the Community Development Director. Plans shall be generally consistent with the landscape plans prepared by GLS, received by the Planning Division on June 17, 2008, except as modified by the Conditions listed below and as required by the Community Development Director. 24. Plant Species. Plant speeIes shall be selected PL 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. 25. Slopes. The landscape plan shall address slopes within PL the property, including eroSIOn, maintenance and irrigation issues. All slopes shall have a one-foot level area at top and bottom ofthe slope for maintenance. 26. Landscaping at Street/Drive Aisle Intersections. PL Landscaping shall not obstruet 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 minimum height and fullness giving patrol officers and the general public surveillance capabilities of the area. 27. Lighting. The Applicant/Developer shall prepare a PL, PW, PO photometric plan to the satisfaction of the City Engineer, Director of Community Development, the City's Consulting Landscape Architect and Dublin Police Services. Exterior lighting shall be provided within the parking lot and on the building, and shall be of a design and placement so as not to cause glare onto adjoining properties, businesses or to vehicular traffic. Lighting used after daylight hours shall be adequate to provide for security needs. The plan shall shows measurements for connectin12. paths, sidewalks and 9 WHEN REQ'D Prior to: On-going Building Permit Issuance Building Permit Issuance Building Permit Issuance Building Permit Issuance Building Permit Issuance SOURCE Planning DMC 8.72.030 Planning Planning Planning Planning CONDITION TEXT outdoor parking area. 28. Street Lights and Trees. Maintain approximately 15' clearance between streetlights and street trees. Where such clearance IS not practical for design considerations, the spacing between the trees shall be increased and the size of the trees shall be increased to 36" box minimum to reduce the conflict between the lighting and foliage. 29. Standard Plant Material, Irrigation and Maintenance Agreement. The Applicant/Developer shall complete and submit to the Dublin Planning Department the Standard Plant Material, Irrigation and Maintenance Agreement. 30. Landscape Borders. Where applicable, all landscaped areas shall be bordered by a concrete curb that is at least 6 inches high and 6 inches wide. Any curbs adjacent to parking spaces must be 12 inches wide to facilitate pedestrian access. All landscaped areas shall be a minimum of 6 feet in width (face of curb to face of curb). All landscape planters within the parking area shall be at least 2 feet shorter than adjacent parking spaces to facilitate vehicular maneuvenng. Concrete mow strips at least 4 inches deep and 6 inches wide shall be required to separate turf areas from shrub areas. 31. Landscaping. Applicant/Developer shall construct all landscaping within the site and along the project frontage. The on site landscaping shall be to the satisfaction of the Director of Community Development. The street trees on the frontage landscaping shall be a minimum 24" box, their exact tree locations and varieties shall approved by the Community Development Director and the City Engineer. 32. Plant Standards. All trees shall be 24" box minimum, with at least 30% at 36" box or greater; all shrubs shall be 5 gallon minimum. 33. Maintenance of Landscaping. All landscaping materials within the public right-of-way shall be maintained for 90 days and on-site landscaping shall be maintained in accordance with the "City of Dublin Standards Plant Material, lrrigation System and Maintenance Agreement" by the Developer after City- approved installation. This maintenance shall include 10 RESPON. AG]~NCY Pl,PO PL PL PLPW I'L I'L WHEN REQ'D Prior to: Building Permit Issuance Building Permit Issuance Building Permit Issuance Building Permit Issuance Occupancy On-going SOURCE Planning DMC 8.72.050. B Planning Planning! Public Works Planning City of Dublin Standards Plant Material, Irrigation System CONDITION TEXT RESPON. AGENCY weeding, the application of pre-emergent chemical applications, and the replacement of materials that die. Any proposed modifications to the landscaping on the site, including the removal or replacement of trees, shall require prior review and written approval from the Community Development Director. 34. Backflow Prevention Devices. The Landscape Plan PL, ?W, F shall show the location of all backflow prevention devises. The location and screening of the backflow prevention devices shall be reviewed and approved by City staff. 35. Root Barriers and Tree Staking. The landscape plans PL PW shall provide details showing root barriers and tree staking will be installed which meet current City specifications. 36. Water Efficient Landscaping Ordinance. The PL Applicant/ Developer shall submit written documentation to the Public Works Department (in the form of a Landscape Documentation Package and other required documents) that the development conforms to the City's Water Efficient Landscaping Ordinance. 37. Landscape Screening. At no time shall any of the PL landscaping around building including shrubs and trees be removed. Removals may only occur if the species is to be replaced with the same species. 38. Shrubs. All shrubs shall be continuously maintained PL including pruning and regular watering. If at any time the shrubs in the parking lot or throughout the project site are damaged, missing, dead or dying, these shrubs shall be immediately replaced with the same species to the satisfaction of the Community Development Director. 39. Trees. The property owner shall continually maintain I'L all trees shown on the approved Landscape Plans including replacing dead or dying trees with the same species, pruning and regular watering of the trees. Within five years and every five years thereafter, all trees which are to be installed in conjunction with this phase of the project shall show substantial growth to the satisfaction of the Community Development Director. If the trees have not shown substantial growth, the property owner shall replace the trees to the satisfaction of the Community Development Director. 11 WHEN REQ'D Prior to: Building Permit Issuance Building Permit Issuance Building Permit Issuance On-going On-going On-going SOURCE and Maintenan ce Agreemen t Planning Planning DMC 8.88 Planning Planning CONDITION TEXT 40. Decorative Planters and Urns. The planters and urns shown on the landscape plans shall be maintained. If the planters or urns become significantly chipped, damaged or broken, the planter or urn shall be immediately replaced with a new planter or urn which matches the approved urns on the site. Plants inside the planters or urns shall be maintained at all times and shall be replaced immediately if the plants in the urns are dead or dying. BUILDING - GENERAL 41. Building Codes and Ordinances. All project construction shall conform to all building codes and ordinances in effect at the time of building permit. 42. Building Permits. To apply for building permits, Applicant/Developer shall submit eight (8) sets of construction plans to the Bui [ding 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 the applicant has or will comply with the Conditions of Approval. 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. 43. 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. 44. Addressing. Address will be required on all doors leading to the exterior of the building. Addresses shall be illuminated and be able to be seen from the street, 5 inches in height minimum. 45. 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 12 RESPON. AGI~NCY PL B B B B,PL 3 WHEN REQ'D Prior to: On-going Through Completion Issuance of Building Permits Issuance of Building Permits Occupancy Prior to Frame Inspection SOURCE Planning Building Building Building Building Building CONDITION TEXT prior to scheduling the final frame inspection. 46. Phased Occupancy Plan. If occupancy is requested to occur in phases, then all physical improvements within each phase shall be required to be completed prior to occupancy of any buildings within that phase except for items specifically excluded in an approved Phased Occupancy Plan, or minor handwork items, approved by the Department of Community Development. The Phased Occupancy Plan shall be submitted to the Directors of Community Development and Public Works for review and approval a minimum of 45 days prior to the request for occupancy of any building covered by said Phased Occupancy Plan. Any phasing shall provide for adequate vehicular access to all parcels in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. No individual building shall be occupied until the adjoining area IS finished, safe, accessible, and provided with all reasonable expected services and amenities, and separated from remaining additional construction activity. Subject to approval of the Director of Community Development, the completion of landscaping may be deferred due to inclement weather with the posting of a bond for the value of the deferred landscaping and associated improvements. 47. Air Conditioning Units. Air conditioning units and ventilation ducts shall be screened from public view with materials compatible to the main building. Units shall be installed on roofs as approved by the Building Official and Director of Community Development. 48. Temporary Fencing. Temporary Construction fencing shall be installed along perimeter of all work under construction 49. 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. 50. 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. 51. Electronic File: The applicant/developer shall submit all building drawings and specifications for this project in an electronic format to the satisfaction of the 13 RESPON. AGENCY B B B B B B WHEN REQ'D Prior to: SOURCE Prior to Building Occupancy of any Affected Building Occupancy Building And On-going Through Building Completion Through Building Completion Through Building Completion Prior to First Building and Final Inspection CONDITION TEXT 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. 52. Construction Trailer: Due to size and nature of the development, the applicant/developer, shall provide a construction trailer will all hook ups for use by City Inspection personnel during the time of construction as determined necessary by the Building Official. In the event that the City has their own construction trailer, the applicant/developer shall provide a site with appropriate hook ups in close proximity to the project site to accommodate this trailer. The applicant/developer shall cause the trailer to be moved from its current location at the time necessary as determined by the Building Official at the applicant/developer's expense FIRE - GENERAL CONDITIONS 53. Building and Fire Codes. The project shall be in compliance with Building and Fire Codes as adopted by the City of Dublin. 54. Knox Boxes. A knox box is required for each building. 55. Fire Roadways. Fire apparatus roadways shall have a mInImUm unobstructed width of 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. The roadway turning radius design for the emergency vehicles shall be a minimum of 42 feet. 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." Fire apparatus roadways shall extend to within 150 feet of the most remote first floor exterior wall of any structures (CFC 2007 Section 503.1.1). The maXImum grade for fire apparatus roadways is 12% (CFC 2007 Section 503.2.7). Fire apparatus roadways in excess of 150 feet in length must make prOVISIons for approved apparatus turnarounds (CFC 2007 Section 503.2.5). 56. Fire Sprinklers. Automatic sprinklers shall be provided throughout the building as required by the Dublin Fire Code. If there are over 100 sprinklers, the 14 RESPON. AGENCY B F F F F WHEN REQ'D Prior to: SOURCE Through Completion Building Issuance of Building Permits Occupancy Issuance of Building Permits Fire Fire Fire On-going Issuance of Building Permits Fire CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: system shall be monitored by UL listed central station. 57. Electrical Rooms. All doors leading to electrical F Issuance of 2007 CFC rooms and fire sprinkler riser rooms shall comply with Building 504 signage requirements. Permits 58. Outdoor Dining Area. A compliant egress route from F Issuance of 2007 CFC the outdoor dining area (Pad E) shall be provided. Building 1004.8 Permits 59. Fire Hydrants. A fire hydrant within 300' of all F Issuance of 2007 CFC exterior walls of the structures shall be provided. Building 508 Permits 60. Entrances to Construction Site. Entrances to the job F Issuance of Fire sites shall not be blocked, including after hours, other Building than by approved gates/barri ers that provide for Permits emergency access. 61. Site Utilities. Site utilities that would require the F Issuance of Fire access road to be dug up or made impassible shall be Building installed pnor to combustible construction Permits commencmg. 62. Section 503.2.3.1. Fire and emergency access roads F Issuance of Fire approved for construction sites shall be designed to Building meet the requirements of Section 503.2. The approved Permits all weather-surface shall be considered as first lift of asphalt and the access shall be approved by the Department of Public Works prior to commencement of combustible storage or any construction on the site. POLICE - PROJECT SPECIFIC 63. Security Requirements. The Applicant/Deve1oper PO Issuance of DMC shall comply with all applicable City of Dublin Non- Building 7.32.310 Residential Security requirements. Permits Section 1020 On-going 64. Addressing. Addressing is required on all building PO Issuance of Police faces and doors. The Applicant shall ensure that Building landscaping does not interfere with the visibility of Permits address numbers. 65. Graffiti. The Applicant/Developer shall keep the site PO On-going Police clear of graffiti vandalism on a continuous basis at all times. If available, graffiti resistant materials should be used. 66. Construction Security. During the construction phase PO Through Police the site shall the following: Completion . The construction site shall be fenced and locked at all times when workers are not 15 CONDITION TEXT present. . A temporary address sign shall be posted, and shall be of a sufficient size, a minimum of at least 36" x 36" with a white background and stenciled black numbers and letters so that the sign can be seen during night time hours with existing street lighting or additional lighting as needed. The address sign shall be posted on all approaches to the site. . The developer or representative of the developer shall file a Dublin Police Emergency Contact Business Card prior to any phase of construction that will provide 24 hour phone contact numbers of persons responsible for the construction site. . Good security practices shall be followed with respect to storage of building materials and the storage of tools at the construction site. PUBLIC WORKS - STANDARD CONDITIONS 67. Clarification to Conditions. In the event that there needs to be clarification to these Conditions of Approval, the Director of Community Development and the City Engineer have the authority to clarify the intent of these Conditions of Approval to the Developer without going to a public hearing. The Director of Community Development and the City Engineer also have the authority to make minor modifications to these conditions without going to a public hearing in order for the Developer to fulfill needed improvements or mitigations resulting from impacts ofthis proiect. 68. Non-City Agencies. The Developer will be responsible for submittals and reviews to obtain the approvals of all participating non-City agencies. The Alameda County Fire Department and the Dublin San Ramon Services District shall approve and sign the Improvement Plans. 69. Geotechnical Report. Developer shall submit a Geotechnical Report, which includes street pavement sections and grading recommendations. 70. Digital File. Developer shall provide the Public Works Department a digital vectorized file of the "master" files for the project. The digital vectorized files shall be in AutoCAD 14 or higher drawing format. Drawing 16 RESPON. AG]~NCY FW PW PLPW PW WHEN REQ'D Prior to: Through Completion Improvement Plans Improvement Plans Occupancy SOURCE Public Works Public Works Public Works Public Works CONDITION TEXT units shall be decimal with the precision of the Final Map. All objects and entities in layers shall be colored by layer and named in English. All submitted drawings shall use the Global Coordinate System of USA, California, NAD 83 California State Plane, Zone III, and U.S. foot. 71. Water and Sewer Facilities. Developer shall construct all potable and recycled water and sanitary sewer facilities required to serve the project m accordance with DSRSD master plans, standards, specifications and requirements. 72. Fire Hydrants. Fire hydrant locations shall be approved by the Alameda County Fire Department. A raised reflector blue traffic marker shall be installed in the street opposite each hydrant. 73. Street Trees. Street trees, of at least a 24" box size, shall be planted along the public street frontages. The varieties and locations of the trees to be approved by the Community Development Director and City Engineer. 74. Utilities. All electrical, gas, telephone, and Cable TV utilities, shall be underground in accordance with the City policies and ordinances. All utilities shall be located and provided within public utility easements and sized to meet utility company standards. 75. Utility Vaults and Boxes. All utility vaults, boxes and structures along public streets, unless specifically approved otherwise by the City Engineer, shall be underground and placed in landscape areas. Any above ground utility vaults, boxes and structures within the private development area shall be screened from public VIew. All utility vaults, boxes and structures shall be shown on landscape plans and approved by the City Engineer and Community Development Director prior to construction. 76. SWPPP. Prior to any clearing or grading, the Developer shall provide the City evidence that a Notice of Intent (NOI) has been sent to the California State Water Resources Control Board per the requirements of the NPDES. A copy of the Storm Water Pollution Prevention Plan (SWPPP) shall be provided to the Public Works Department and be kept at the construction site. The Developer is responsible for 17 RESPON. AGENCY I'W I'W I'W I'W PL,PW PW WHEN REQ'D Prior to: Improvement Plans Improvement Plans Improvement Plans Improvement Plans Improvement Plans & Agreement Issuance of Grading/Sitew ork Permits SOURCE Public Works Public Works Public Works Public Works Public Works Public Works CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: ensuring that all contractors implement all storm water pollution prevention measures in the SWPPP. 77. Storm Water Treatment Maintenance. Developer PW Issuance of Public shall enter into an agreement with the City of Dublin Grading/Sitew Works that guarantees the perpetual maintenance obligation ork Permit 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 issuance 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. 78. Construction Hours. Construction . . . FW Through Public actIVItIes, including the maintenance and warming of equipment, Completion Works shall be limited to Monday through Friday, and non- City holidays, between the hours of7:30 a.m. and 5:30 p.m. except as otherwise approved by the City Engineer. 79. Erosion Control Plan. The Erosion Control Plan shall FW Through Public be implemented between October 15th and April 15th Completion Works unless otherwise allowed in writing by the City Engineer. 80. Construction Noise. Developer shall be responsible FW Through Public for controlling construction nOIse. Specific nOIse Completion Works management measures shall be included in the project plans and specifications. 81. Construction Traffic Plan. Developer shall prepare a PW Issuance of Public plan for construction traffic interface with public Building Works traffic. Construction traffic and parking may be subject Permits to specific requirements by the City Engineer. 82. Pest Control. The Developer shall be responsible for PW Through Public controlling any rodent, mosquito, or other pest problem Completion Works due to construction activities. 83. Dust Control. The Developer shall be responsible for PW Through Public controlling dust as conditions warrant or as directed by Completion Works the City Engineer. 84. Archeological Materials. If archaeological materials PW Through Public are encountered during constructi on, construction Completion Works within 100 feet of these materials shall be halted until a professional Archaeologist who is certified by the Society of California Archaeology (SCA) or the Society of Professional Archaeology (SOP A) has had an opportunity to evaluate the significance of the find 18 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: and suggest appropriate mitigation measures. PUBLIC WORKS - PROJECT SPECIFIC 85. Limits of SDR Improvements: This SDR approval PW Improvement Public for Grafton Station SDR , Pads A & E (Phase 3 & 4) Plans Works shall include all pavement, curbs, walkways, drainage, traffic signing & pavement markings, lighting and landscaping to complete the sitework in the area between this SDR and the area approved with the Grafton Station SDR, Pads B-D (Phase 2). 86. Grading/Sitework Permit: Developer shall obtain a PW Improvement Public Grading / Sitework Permit from the Public Works Plans Works Department for all private grading and site improvements. The Developer shall provide performance surety to guarantee the site improvements for all vehicle and pedestrian improvements along the main access driveways. The amount and scope of improvements to be approved by the City Engineer. 87. Civil Improvements Plans: The civil improvement PW Improvement Public plans shall include Grafton Station Phases 3 & 4 in the Plans Works title and show all property lines, easements, and adiacent proiects / property owners on all sheets. 88. Site improvements Design: The site improvements PW Improvement Public shall be constructed generally as shown on the Site Plans Works Development Review exhibits unless modified by these conditions of approval. However, the approval of the Site Development Review is not an approval of the specific design of these improvements. All site improvements are to be to the satisfaction of the City Engineer. 89. Dublin Boulevard frontage: The cross slope from f'W Improvement Public the back of curb to two feet back of walk shall be 2%. Plans Works The maximum slope from three feet back of walkway to the building shall be 3: 1. 90. Brannigan Driveway Frontage: There shall be a f'W Improvement Public minimum two feet of flat (2%) area behind the curb at Plans Works the toe of slope and one foot Hat area behind the back of curb at the top of slope. The maximum slope shall be 3.5:1. 91. Northside Drive Frontage: The right of way area f'W Improvement Public shall be graded at 2% for six feet behind the face of Plans Works curb. There shall be a one-foot flat area behind the back of curb at the top of stope and the maximum slope shall be 3: 1. 19 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 92. Grading Eastern Property Line of Pad E: The PW Improvement Public landscape area between the curb and the eastern Plans Works property line on Pad E shall be graded so that there will be no drainage flowing across the property line. 93. Walkway: A minimum four-foot wide walkway shall PW Improvement Public be provided along the north side of the main east-west Plans Works driveway (along the south side of "Tenant A') to provide pedestrian access to the parking spaces on the east side of the stores and for a pedestrian connection to the future shopping center to the west. A ramp shall be provided at the Brannigan driveway. 94. Pad E Parking: Provide an area for a vehicle to turn PW Improvement Public around at the north end of the dead end parking aisle at Plans Works PadE. 95. Storm Drainage from Parcell, PM 9003: The owner PW Improvement Public shall provide documentation acceptable to the City Plans Works Engineer that acknowledges that Parcel 1 of PM 9003 has permission to drain through the existing 48" storm drain and 18" storm drain lines across Parcel 3 of PM 9003. 96. Landscape Islands: All end landscape islands shall FW Landscape Public have raised curbs on all sides. Plans Works 97. Crosswalks: All crosswalks shall be decorative FW Improvement Public pavements. Where pavers are used 12" wide concrete Plans Warks bands shall be used and the pavers shall be suitable for pedestrians. Truncated domes shall be provided at all crosswalk including the ramp in front of Total Wine and More. 98. Pathway Access: The area between the pathway and FW Landscape Public parking spaces shall be landscaped in a manner that Plans Works accommodates pedestrian access from the parking area to the pathway. 99. Curb Returns: All EV AE driveways shall provide a PW Improvement Public minimum 20-foot radius clear turning area measured Plans Works from the inside edge of the required travel ways. All other driveway aisles shall provide clearance for a minimum 10-foot turning radius measured at the inside edge of the required travel ways. 100. Traffic Signs & Pavement Markings: All traffic PW Improvement Public signs and pavement marking shall be installed to the Plans and Works satisfaction of the City Engineer. All traffic signs and Occupancy pavement marking shall be shown on the civil plans. DUBLIN SAN RAMON SERVICES DISTRICT (DSRSD) - STANDARD CONDITIONS 20 CONDITION TEXT 101. Prior to issuance of any building permit, complete improvement plans shall be submitted to DSRSD that conform to the requirements of the Dublin San Ramon Services District Code, the DSRSD "Standard Procedures, Specifications and Drawings for Design and Installation of Water and Wastewater Facilities", all applicable DSRSD Master Plans and all DSRSD policies. 102. All mains shall be sized to provide sufficient capacity to accommodate future flow demands in addition to each development project's demand. Layout and sizing of mains shall be in conformance with DSRSD utility master planning. 103. Sewers shall be designed to operate by gravity flow to DSRSD's existing sanitary sewer system. Pumping of sewage is discouraged and may only be allowed under extreme circumstances following a case by case review with DSRSD staff. Any pumping station will require specific review and approval by DSRSD of preliminary design reports, design criteria, and final plans and specifications. The DSRSD reserves the right to require payment of present worth 20 year maintenance costs as well as other conditions within a separate agreement with the applicant for any project that requires a pumping station. 104. Domestic and fire protection waterline systems for Tracts or Commercial Developments shall be designed to be looped or interconnected to avoid dead end sections m accordance with requirements of the DSRSD Standard Specifications and sound engineering practice. 1 OS. DSRSD policy requires public water and sewer lines to be located in public streets rather than in off-street locations to the fullest extent possible. If unavoidable, then public sewer or water easements must be established over the alignment of each public sewer or water line in an off-street or private street location to provide access for future maintenance and/or replacement. 106. Prior to approval by the City of a grading permit or a site development permit, the locations and widths of all proposed easement dedications for water and sewer lines shall be submitted to and approved by DSRSD. 21 RESPON. AGENCY DSR DSR r.;.SR DSR DSR DSR WHEN REQ'D Prior to: Issuance of Building Permits Improvement Plans Improvement Plans Improvement Plans Improvement Plans Improvement Plans SOURCE Dublin San Ramon Services District Dublin San Ramon Services District Dublin San Ramon Services District Dublin San Ramon Services District Dublin San Ramon Services District Dublin San Ramon Services District CONDITION TEXT 107. All easement dedications for DSRSD facilities shall be by separate instrument irrevocably offered to DSRSD or by offer of dedication on the Final Map. 108. Prior to approval by the City for Recordation, the Final Map shall be submitted to and approved by DSRSD for easement locations, widths, and restrictions. 109. 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. 110. 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 faci [ities 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 perfornlance 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. 111. 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.9 have been satisfied. 112. The applicant shall hold DSRSD, it's Board of Directors, commISSIOns, employees, and agents of DSRSD harmless and indemnify and defend the same 22 RESPON. AGENCY DSR DSR DSR r:SR DSR DSR WHEN REQ'D Prior to: Improvement Plans Recordation of Final Map Issuance of Building Permits Issuance of Building Permits Improvement Plans Issuance of Building Permits SOURCE Dublin San Ramon Services District Dublin San Ramon Services District Dublin San Ramon Services District Dublin San Ramon Services District Dublin San Ramon Services District Dublin San Ramon CONDITION TEXT RESPON. WHEN SOURCE AGJ~NCY REQ'D Prior to: from any litigation, claims, or fines resulting from the Services construction and completion ofthe project. District 113. Improvement plans shall include recycle water DSR Improvement Dublin improvements as required by DSRSD. Services for Plans San landscape irrigation shall cormect to recycled water Ramon mains. Applicant must obtain a copy of the DSRSD Services Recycled Water Use Guidelines and conform to the District requirements therein. 114. A grease and sand trap is required for all trash DSR Issuance of Dublin enclosures as required by Section III-AIO in the Building San District's Standard Specifications (drawing S-12A). Permits Ramon The trash enclosures shall also have a solid roof. Services District 115. A back flow prevention device to prevent back- DSR Issuance of Dublin siphoning of water into the potable distribution main Building San will be required on each commercial account per Permits Ramon DSRSD specifications. Services District SIGNS - PROJECT SPECIFIC 116. Temporary Promotional Banners and Balloons. PL On-going Chapter Temporary Promotional Banner Signs and Balloons 8.884 of shall only be permitted after first securing an approved the Dublin Temporary Promotional Sign Permit. Any signage on Zoning site shall be subject to the sign requirements contained Ordinance in the City of Dublin Municipal Code. 117. A-Frame Signs. The use of any A-Frame, portable, PL On-going Chapter sandwich-board, pennants, or human-held signs on the 8.884 of premises is strictly prohibited. Said signs and any form the Dublin of off-site advertising signs shall also be prohibited Zoning upon any public property, including City streets and Ordinance sidewalks. 118. Outdoor Events. Any outside events shall be subject PL On-going Chapter to the Temporary Use Permit requirements contained 8.884 of in the City of Dublin Municipal Code, specifically the Dublin Section 8.108.020. Zoning Ordinance PARKS & COMMUNITY SERVICES 119. Public Art In-Lieu Contribution. In lieu of PL, PCS Building Public Art acqUInng and installing a public art project, the Permit Ordinance Applicant has elected to and shall make a public art in- Issuance lieu contribution payment in accordance with Chapter 8.58 of the Dublin Municipal Code and shall comply with the Public Art Compliance Report submitted by Applicant, dated June 6, 2008 and on file with the 23 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: Planning Department. The public art in-lieu contribution payment shall be made prior to the issuance of the first building permit in the project in the amount specified m Dublin Municipal Code section 8.58.050.B (non-residential building more than 50,000 sq. ft.). 120. Public Art Easement and Access Easement. The PL, PCS Occupancy Public Art Applicant shall reserve a site and provide a public art Ordinance easement and an access easement to the City within the development project for a future public art project in accordance with Dublin Municipal Code Section 8.58.050. OTHER - PROJECT SPECIFIC 121. Prior to approval of building permit the Applicant shall PL Building Planning submit plans for the review and approval by the Permit Commissi Community Development Director which shows that on Pad A has been redesigned to switch the location of Circuit City and Total Wine, shall increase the height of the base of Circuit City, shall modify the roofline of Total Wine to increase the height and provide a more interesting cap, shall modify the design of Tenant A to include a design which wraps around the corner of the building and includes an enhanced color or material similar to the design of the Phase 2 retail pad building. PASSED, APPROVED AND ADOPTED this 24th day of June 2008 by the following vote: AYES: Tomlinson, Wehrenberg, Biddle and King NOES: ABSENT: Schaub ABSTAIN: JX:;j ~~\P~ Planning n er G:\PA#\2008\PA 08-010 Grafton Pads A and E\SDR Reso.DOC 24