Loading...
HomeMy WebLinkAboutPCReso02-29 PA02-009 ArmstrnGdn CUP,SDR,SignSDR Reduce prkng RESOLUTION NO. 02- 29 A RESOLUTION OF TIlE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL APPROVAL OF PA 02-009 ARMSTRONG GARDEN CENTER FOR A CONDITIONAL USE PERMIT, SITE DEVELOPMENT REVIEW AND SIGN/SITE DEVELOPMENT REVIEW REQUEST TO CONSTRUCT A :t:30,810 SQUARE FOOT RETAIL GARDEN CENTER CONSISTING OF A 6,400 SQUARE FOOT BUILDING AND ADJACENT OUTDOOR STORAGE/DISPLAY AREA, WITH AN EXEMPTION/REDUCTION TO PARKING REQUIREMENTS LOCATED AT 7360 SAN RAMON ROAD WHEREAS, the Applicant, Ted J. Stelzner of TJS Architects, Inc., on behalf of Armstrong Garden Centers, has requested approval of an amendment to the San Ramon Specific Plan, PD Rezoning, Conditional Use Permit, Site Development Review and Sign/Site Development Review to construct an approximately 30,810 square foot retail garden center, consisting of a 6,400 square foot retail sales building and adjacent 24,410 square foot outdoor storage/display area, with an exemption to the parking requirements, which is located at 7360 San Ramon Road, within the San Ramon Road Specific Plan and the C-l, Retail Commercial Zoning District; and WHEREAS, a complete application for the above noted entitlement request is available and on file in the Department of Community Development; and WHEREAS, Applicant/Developer has submitted project plans and exterior elevations dated received on July 3, 2002, for a Conditional Use Permit, Site Development Review and Sign/Site Development Review for the approximately 30,810 square foot retail garden center; and WHEREAS, the project has been reviewed in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the City of Dublin Environmental Guidelines and is Categorically Exempt from the provisions of CEQA, the State CEQA Guidelines and the City of Dublin Environmental Guidelines, under Section 15061Co)(3) and Section 15332, as there is no potential for significant environmental effects to occur as a result of the project and the project would be located on an infill site which was previously improved; and WHEREAS, the City adopted the San Ramon Specific Plan on July 25, 1983 which was prepared pursuant to Government Code Sec. 65450 et seq., and amended on November 28, 1983, September 8, 1986, and September 22, 1986; and, WHEREAS, the Specific Plan includes permitted land uses, development standards, urban design guidelines, transportation improvements and implementation programs to achieve the goals of the Dublin General Plan; and, WHEREAS, the Planning Commission does find it appropriate to amend the allowed land uses in the Land Use Plan for Area 3 to add garden stores/centers as a conditional use, and to amend the Circulation System Section of the San Ramon Specific Plan for Area 3 to reflect the new location of the drive aisle accessway for consistency with the project plans, and to modify the text of the Specific Plan to accordingly; and, ATTACHMENT 2 WHEREAS, the Planning Commission did hold a public heating on the project on August 13, 2002 on the Specific Plan Amendment for the San Ramon Specific Plan, Planned Development Rezoning, Conditional Use Permit, Site Development Review, and Sign/Site Development Review and recommended approval of the project to the City Council; and WHEREAS, the Planning Commission transferred original hearing jurisdiction for this project to the City Council pursuant to Section 8.96.020.C.3 of the Zoning Ordinance. WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a properly noticed public heating was held by the Planning Commission on August 13, 2002; and WHEREAS, a Staff Report was submitted to the Planning Commission recommending that the City Council approve the application; and WHEREAS, the Planning Commission did hear and use their independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth; and WHEREAS, the Planning Commission has found that the proposed project is appropriate for the subject site. NOW, THEREFORE, BE IT RESOLVED THAT THE Planning Commission of the City of Dublin does hereby find that: The proposed operation of a retail garden center facility within Area 3 of the San Ramon Road Specific Plan and the Conditional Use Permit for PA 02-009 is compatible with other land uses (i.e. retail commercial and residential), transportation and service facilities in the vicinity because the proposed garden center use will provide a commercial service and retail establishment use consistent with the adjacent downtown uses and will offer goods and services which typically benefit nearby residential uses. The proposed uses will not adversely affect the health or safety of persons residing or working in the vicinity, and will not be detrimental to the public health, safety and welfare because there are no potential environmental impacts associated with the project which is proposed for a previously developed site. The uses will not be injurious to property or improvements in the neighborhood because features have been incorporated into the project or the project is conditioned to comply with all Building and Fire Department requirements, Planning and Public Works Department requirements regarding on and hazardous materials useage and storage, pesticide and herbicide useage, off-site traffic circulation, street improvements, and on and off-site drainage improvements. There are adequate provisions for public access, water, sanitation, and public utilities and services to the site incorporated into the project to ensure that the proposed use and related structures would not be detrimental to the public health, safety, and welfare. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed because the project is located on relatively flat land which had been previously 2 developed and improved within an urbanized area and located adjacent to existing retail commercial uses and medium density residential uses. The Annstrong Garden Center use is not contrary to the specific intent clauses, development regulations, and performance standards established for the PD Planned Development and C-1 Retail Commercial Zoning Districts because the conditions of approval for the Conditional Use Permit and Site Development Review for PA 02-009 are required to insure that the retail garden center use, which will be supportive of surrounding retail and residential uses through the provision of retail garden services for adjacent and nearby residents in the surrounding area and of similar surrounding retail commercial uses, will be compatible with those uses. The approval of this application, as conditioned, complies with the Dublin General Plan, the San Ramon Road Specific Plan, the PD Planned Development and C-1 Retail Commercial Zoning Districts regulations, and the general requirements established in the Dublin Zoning Ordinance. The Armstrong Garden Center project is consistent with the intent and purpose of Chapter 8.104 Site Development Review of the Zoning Ordinance. The approval of this application, as conditioned, is in the best interest of the public health, safety and general welfare. The proposed site development, including site layout, structures, vehicular access, circulation, setbacks, height, fencing, public safety and similar elements has been designed to provide a desirable environment for the developments. The proposed parking lot will provide sufficient parking for the garden center use with the allowed 25% reduction in accordance with the Specific Plan and based on the evidence provided by the Applicant for other developed garden center retail stores. 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; and exterior lighting and similar elements have been incorporated into the project in order to insure compatibility of this commercial development with the development's design concept or theme and the architectural character of the surrounding commercial and residential buildings and uses. The proposed signage for the project is compatible with the design of the garden center, surrounding uses, and other design elements in the project. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, the proposed corner accent area and similar enhanced landscaping elements have been considered to ensure visual relief and an attractive environment for the public. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission hereby recommends the City Council approve PA 02-009 Armstrong Garden Center PD Rezoning, Conditional Use Permit, Site Development Review, and Sign/Site Development Review request to construct an approximately 30,810 square foot retail garden center at 7360 San Ramon Road and to allow a 25% reduction in the parking requirements in accordance with the provisions of the San Ramon Specific Plan, as generally depicted by the plans, labeled Exhibit A, consisting of 17 sheets prepared by TSJ Architects, Environmental Design Systems, and Alexander & Associates, Inc., dated received by the Planning Department on July 3, 2002, subject to the approval of the related San Ramon Road Specific Plan Amendment and compliance with the following conditions: 3 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 depa~'tments/agencies responsible for monitoring compliance of the conditions of approval: [PL] Planning, [B] Building, [PO] Police, [PW] Public Works [ADM] Administration/City Attorney, [F1N] Finance, [F] Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [LDD], Livermore Dublin Disposal, [CO] Alameda County Department of Environmental Health, [Zone 7], Alameda County Flood Control and Water Conservation District, Zone 7, [LAVTA], Livermore Amador Valley Transit Authority, [CHS], Califomia Department of Health Services. NO CONDITION TEXT RESPON. WHEN HOW IS AGENCY/ REQ.? CONDITION DEPART. SATISFIED? 1. Permit Expiration. Construction or use shall commence within PL Ongoing one year of permit approval, or the permit shall lapse and become null and void. 2. Revocation of permit. The permit shall be revocable for cause in PL Ongoing accordance with Chapter 8.96 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. 3. Clean-up. The Applicant/Developer shall be responsible for clean- PL Ongoing up and disposal of project related trash to maintain a clean, litter- free site. 4. Controlling Activities. The Armstrong Garden Center shall control PO, PL Ongoing all activities on the project site so as not to create a nuisance to the surroundin~ businesses and residences. 5. Accessory Structures. The use of any accessory structures, such as PL, B, F Ongoing storage sheds or trailer/container units used for storage or for any other purpose, shall not be allowed on the site at any time unless specifically permitted by the Conditional Use Permit. 6. Fees. Applicant/Developer shall pay all applicable fees in effect at Various Various the time of building permit issuance, including, but not limited to, times, but no Planning fees, Building fees, TVTC fees, Dublin San Ramon later than Services District fees, Public Facilities fees, Dublin Unified School issuance of District School Impact fees, Alameda County Fire Services fees, Building Permits Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; or any other fee that may be adopted and applicable. 7. Requirements and Standard Conditions. The Various Prior to Applicant/Developer shall comply with applicable Alameda County issuance of Fire, Dublin Public Works Department, Dublin Building Building Department, Dublin Police Service, Alameda County Flood Control Permits 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. NO CONDITION TEXT RESPON. WHEN HOW IS AGENCY/ REQ.? CONDITION DEPART. SATISFIED? 8. Standard Public Works Conditions of Approval. PW Approval of Applicant/Developer shall comply with all applicable City of Dublin Improvement Standard Public Works Conditions of Approval, Attachment A. In Plans through the event of a conflict between the Standard Public Works completion Conditions of Approval and these Conditions, these conditions shall prevail. 9. Required Permits. Applicant/Developer shall obtain all necessary PW Various times, but no permits required by other agencies (e.g., Alameda County Flood later than Control District Zone 7, Alameda County Health Agency (if issuance of necessary), State Water Quality Control Board, etc.) and shall Building submit copies of the permits to the Department of Public Works. Permits 10 Building Permits, Codes and Ordinances. The B Through Applicant/Developer shall obtain all necessary permits from the completion Dublin Building Department. All project construction shall conform to all building codes and ordinances in effect at the time of building permits. 11 Fire Codes and Ordinances. All project construction shall conform B Through to all fire codes and ordinances in effect at the time of building completion permits. 12 Removal of Obstructions. Applicant/Developer shall remove all PW Prior to trees including major root systems and other obstructions from Issuance of building sites that are necessary for public improvements or for Occupancy public safety as directed by the soils engineer and Director of Public Permits Works. 13 Traffic Control. Two-way traffic is to be maintained along PW Prior to Amador Valley Court and Amador Valley Boulevard during all Issuance of phases of construction. Applicant/Developer shall submit a traffic Grading/Site work Permits control plan showing detouring and temporary striping for all interim or phased improvements in the public street tight of way for review and approval by the Director of Public Works. 14 Building Permit Application. To apply for building permits, the B Prior to Applicant/Developer shall submit twelve (12) sets of construction issuance of plans together with final site plan and landscape plans to the Building Permits Building Department for plan check. Each set of plans shall have attached a copy of these conditions of approval with the "How is Condition Satisfied?" column filled out. The column shall clearly indicate how all conditions of approval will be, or have been complied with. Construction plans will not be accepted without the annotated conditions attached to each set of plans. The Applicant/Developer will be responsible for obtaining the approvals of all participating non-City agencies prior to the issuance of building permits. 15 Conditions of Related Project Approvals. The PL, PW Ongoing Applicant/Developer shall comply with all conditions of approval of the related San Ramon Road Specific Plan Amendment for the PA 02-009 Armstrong Garden Center project. 16 Delivery Trucks. Truck deliveries for the garden center shall be PL Ongoing ~ ~eh°urs°f9:00 'm'and7:00a'm' ~~~ 5 NO CONDITION TEXT RESPON. V~HEN HOW IS AGENCY/ REQ.? CONDITION DEPART. SATISFIED? 17 Utility Siting Plan. The Applicant/Developer shall provide a final PW, PL Prior to Utility Siting Plan showing that transformers and service boxes are issuance of placed outside of public view where possible and/or screened to the Grading Permits satisfaction of the Community Development Director and Public Works Director. 18 Roof Equipment Screening. All roof equipment shall be PL Prior to completely screened from view by a parapet. Equipment not issuance of screened by a parapet shall be screened by materials architecturally Building Permits compatible with the building, as approved by the Community Development Director. 19 Trash Enclosures. A shared trash bin enclosure shall be PL, B, Prior to constructed as shown on the Site Plan, Exhibit A, Sheet A2. LDD, PW issuance of According to the plan, the trash enclosure will straddle the common Building property line between the subject site and APN 941-40-2-17 (Sleep Permits Shop Ltd). The Applicant shall provide a fight-of-entry from the neighboring property owner before initiating this off-site work. If ! both properties will have rights to the enclosure, a reciprocal use easement or agreement shall be created to memorialize these rights. The enclosure shall also be designed to accommodate the dumpsters and trash pick-up equipment available from Livermore-Dublin Disposal Company. The applicant may contact them at (925) 447- 1300 for more information. I The bin shall not be larger than 4 yards in capacity. The enclosure shall have a 6 inch by 6 inch curb on the inside of the enclosure wall to protect the walls of the enclosure from the bins. The enclosure shall be built of concrete block or equivalent and shall have metal doors. Chain link doors are not permitted. The doors must be designed so that they can be locked closed and can also be held open with pin locks during loading. Trash bin enclosures shall be finished so that they are architecturally compatible with the related main structure on the garden center site. Trash bin enclosures shall be properly maintained and free of graffiti. Ail trash bins used for this site shall be maintained within the trash bin enclosure(s) at all times. The container shall be covered and shall meet the requirements of the County Health Code, the Dublin San Ramon Services District and the National Pollution Discharge Elimination System. The final location of the trash enclosures shall be determined prior to submittal of building plans subject to the review and approval of the City Planning Department, Public Works Department and the Livermore Dublin Disposal Company. 20 State Title 24 Requirements - Sidewalk/Itandicap Ramps. The PW Prior to Applicant/Developer shall construct a sidewalk access from Amador issuance of Valley Court/San Ramon Road to the to the primary entry to the Building Permits and garden center, as shown on Exhibit A, Sheet A2, in order to comply Completion with the current State Title 24 requirements. Ail handicap ramps of and accessible walkways shall comply with all current State Title 24 Improvements requirements and City of Dublin Standards. 6 NO CONDITION TEXT RESPON. WHEN HOW IS AGENCY/ REQ.? CONDITION DEPART. SATISFIED? 21 i Bicycle Parking. The applicant/Developer shall install one Bicycle PL, PW Completion parking space in a rack for every 40 vehicular parking spaces to the of satisfaction of the Director of Public Works. Bicycle racks shall be Improvements located near the building entrances for convenient surveillance by the employees and patrons. 22 Repair of Damages. Applicant/Developer shall repair all damaged PL Prior to existing street, curb, gutter and sidewalk along San Ramon Road and issuance of Amador Valley Court as a result of construction activities to the Occupancy satisfaction of the Director of Public Works. permit 23 Parking Ratio Reduction. In accordance with the provisions of the PL Prior to San Ramon Road Specific Plan, the project shall be allowed a 25% Issuance of' reduction in the allowed parking ratio based on the evidence Building provided. The required number of parking spaces with the reduced Permits ratio would be 34 spaces. The Applicant/Developer proposes to provide 33 parking spaces in the parking area adjacent to the garden center, and develop at least three additional parking spaces in the adjacent KinderCare parking lot. The Applicant/Developer shall enter into a joint/shared parking agreement with the operator/owner of the KinderCare facility for use of this parking area. 24 Parking. All parking shall generally conform to the plans shown in PL Prior to Exhibit A, with the exception that the 23" diameter Oak tree Issuance of designated for removal in the parking area (Stall 13) shall be Building preserved, and no improvements shall be installed that may Permits adversely affect the health of the tree. The Applicant shall consult with a licensed Arborist to determine necessary setbacks or other mitigations to assure the continued health of this tree. Should two or three parking spaces be lost and not be developed as shown on the plan as a result of preservation of this tree, the Applicant shall develop the required spaces in the adjacent parking area as discussed in Condition 23, above, to ensure that a minimum of 34 parking spaces are provided for the use. Public parking spaces shall be double-striped with 4-inch wide stripes set approximately 2 feet apart as shown on the "Typical Parking Striping Detail" available in the Planning Department. Disabled accessible, visitor, employee and compact parking spaces shall be appropriately identified on the pavement and designated on the parking plan. The Applicant/Developer shall provide a minimum one-foot wide raised curb or equivalent on landscape fingers and islands adjacent 25. Design. The design of the development pursuant to this Site PL Prior to Development Review shall generally conform to the project Exterior issuance of Elevations and Trellis Plan and Details as shown in Exhibit A, Building Sheets A3 and A4, submitted by TJS Architects dated received July Permits 3, 2002, and the colors and materials shown on the plan, and to the Site Plan, Sheet A2, on file in the Planning Department, and other plans, text, and diagrams relating to this Site Development Review, unless modified by the Conditions of Approval contained herein. NO CONDITION TEXT RESPON. WHEN HOW IS AGENCY/ REQ.? CONDITION DEPART. SATISFIED? 26 Perimeter Fencing. The outdoor storage area shall be enclosed by an PL, B Prior to 8-foot high wrought iron fence as shown on the Site Plan, Exhibit A, issuance of Sheet A2, and painted to complement the design of the facility and Building building. Permits 27 Dedication and Improvement of Amador Valley Court. PW Prior to Applicant/Developer shall irrevocably dedicate sufficient right-of- issuance of way to the City of Dublin to widen the north side of Amador Valley Grading/Site Court, the westerly extension of Amador Valley Boulevard, (from work Permit San Ramon Road to the easterly end of the neighboring Kindercare driveway) for public street purposes. Said widening area shall measure 10' along the north side of Amador Valley Court to create an ultimate right-of-way width of 46' for the straight segment of road. The dedicated area shall taper and conform to the existing right-of-way line at the existing "S" curve at the intersection with San Ramon Road. The tapers shall be accomplished using tangent curves in a configuration acceptable to the Director of Public Works. The Applicant shall retain a licensed Land Surveyor to prepare all necessary plats, legal descriptions, and other supporting documentation, and shall retain a title company to record all documents. 28 Right-of-way Improvements. Along the Amador Valley Court PW Prior to frontage of the site, the Developer/Applicant shall widen the north issuance of side of the Amador Valley Court to create a curb to curb width at the Grading/Site straight segment of 36'. A 5'-wide public sidewalk shall be work Permit. constructed on the north side that conforms to the existing sidewalk at the neighboring Kindereare site and to the existing curb ramp at the northwest comer of San Ramon Road and Amador Valley Court. The Developer/Applicant shall be responsible for the design and construction of all improvements associated with the widening of Amador Valley Court. Said improvements shall include, but not be limited to, 10' of pavement section, curb & gutter, 5'-wide sidewalk, storm drain, utilities, street lights, pavement markings and signs, and landscaping, all as determined by the Director of Public Works. 8 NO CONDITION TEXT RESPON. WHEN HOW IS AGENCY/ REQ.? CONDITION DEPART. SATISFIED? 29 Improvement Agreement and Security. Pursuant to §7.16.620 of PW Prior to the Municipal Code, the Applicant shall enter into an Improvement issuance of Agreement with the City to guarantee the right-of-way improvements Grading/Site and required site improvements. The Agreement will require work Permit Improvement Security to be posted to guarantee the faithful performance of the permitted work and the payment for labor and materials. Such security shall be in the form of cash, a certified or cashier's check, a letter of credit, or a faithful performance bond and a labor and materials bond executed by the applicant and a corporate surety authorized to do business in Califomia. The amount of the security will be based on the estimated cost of the off-site and on-site work (excluding the building). The applicant shall provide an estimate of these costs for City review with the first plan submittal. 30 Streetlights. Applicant/Developer shall install (1) one additional streetlight on the north side of Amador Valley Court located midway between the existing street light at the Kindercare frontage and the light at the San Ramon Road intersection. Said street light shall be a City Standard cobra head luminaire with galvanized steel or aluminum pole as required by the Director of Public Works. An umnetered service point within the public right-of-way or Public Service Easement area shall be obtained from Pacific Gas & Electric Company, together with a pole number for billing purposes. A street lighting circuitry plan that demonstrates compliance with this condition shall be submitted prior to issuance of the Grading/Sitework permit. Said plan shall be subject to review and approval by the Director of Public Works. Upon acceptance of these improvements by the City Council, the City will assume responsibility for this light. 31. Construction of Improvements. The Applicant/Developer shall PW Prior to construct the improvements as shown on the Street Improvements issuance of and Cross Sections prepared by Alexander & Associates, Inc., Occupancy Exhibit A, Sheet C5, dated received by the Planning Department July Permits 3, 2002, and stamped approved and on file with the Planning Department. 32. Improvement Plans. The Applicant/Developer's Engineer shall PW Prior to prepare final improvement plans for review and approval by the Issuance of Director of Public Works. Said Improvement plans shall be based on Building Permits the Site Plan and other preliminary plans in Exhibit A and include, but are not limited to, plan and profile, storm drainage, utility, striping, new pavement sections per the approved project soils report, and details for the project to the satisfaction of the Director of Public Works. The Applicant/Developer's Engineer shall obtain the City of Dublin's Site Check List from the Public Works Department and shall address any and all items applicable to the project. Said Check List shall be part of these conditions of approval. Prior to acceptance of the right-of-way improvements by the City Council, the Applicant shall forward "As-Built" plans for the City's permanent files. Said plans shall be primed on mylar. 33. Storm Drain Improvements. Applicant/Developer shall construct PW Prior to all required storm drain improvements in accordance with a site- issuance of specific hydrology/hydraulic analysis and/or as specified by the Grading/Site work Permit DPW. NO CONDITION TEXT RESPON. W~IEN HOW IS AGENCY/ REQ.? CONDITION DEPART. SATISFIED? 34 Lot Merger. The Applicant/Developer shall merge the existing PW Prior to parcels identified on the current assessor plat as Assessor Parcel Issuance of Numbers 941-40-2-22 and 941-40-3-3 through a Lot Merger to a Building configuration acceptable to the Community Development Director Permits and the Director of Public Works. Applicants for said merger shall be obtained from the Public Works Department. The Applicant/Developer shall adhere to all State, County, and City requirements for said merger. The Applicant shall retain a licensed Land Surveyor to prepare all necessary plats, legal descriptions, and other supporting documentation, and shall retain a title company to record all documents. 35 Public Service Easement Dedications. In accordance with the City PW Prior to of Dublin General Plan §5.1.1 C7, a 5'-wide public service easement Issuance of shall be irrevocably granted to the City along the north side of Building Amador Valley Court. This easement area may be landscaped, but Permits no permanent structures will be allowed within it. The Applicant shall retain a licensed Land Surveyor to prepare all necessary plats, legal descriptions, and other supporting documentation, and shall retain a title company to record all documents. 36 Emergency Vehicle Access Easement Dedications. PW, F Prior to Applicant/Developer shall dedicate all needed emergency vehicle Issuance of access easements from each adjacent public street to all fire access Building roads surrounding the site buildings as defined by Alameda County Permits Fire Department and to the satisfaction of the Director of Public Works. Applicant/Developer shall also dedicate reciprocal access, parking, common driveway, drainage, ingress and egress and other needed utility easements as defined and approved by the Director of Public Works and the ACFD. 37. Reciprocal Access Easement. The Applicant/Developer shall retain PW Prior to a licensed Land Surveyor and title company to prepare and record all Issuance of necessary title documents to grant a reciprocal access easement Building Permits across the primary vehicle drive aisle to allow joint use of the aisle for the neighboring parcels, APN 941-40-2-17 (Sleep Shop Ltd.) and APN 941-40-2-16 (McNamara's Restaurant). 38. Quitclaim of Access Rights. An existing 25'-wide Public Access PW Prior to Easement exists across the abutting property to the north for the issuance of benefit of the Applicant/Developer's site and others. Said easement Building resides across a eastern portion of APN 941-40-2-17 (Sleep Shop Permit. Ltd.). Because this easement will no longer serve a purpose when the Applicant/Developer's project is constructed, the City may quitclaim all rights to said easement in the future. As such, the Applicant/Developer shall provide the City of Dublin with a written statement acknowledging that any proposed quitclaim of said existing easement will not be contested or opposed. 10 NO CONDITION TEXT RESPON. WHEN HOW IS AGENCY/ REQ.? CONDITION DEPART. SATISFIED? 39 Private Monument Sign Easement and Agreement. The submitted PW Prior to Preliminary Title Report by First American Title dated 2/21/02 issuance of indicates that an Easement for Monument Sign and a Monument Sign Grading/Site Easement Agreement exist between thc property owner and work Permit or Building Kindercare Learning Centers that encumbers the property (See Permit Exceptions 14 and 15). Said documents were recorded on 4/19/01 as Series No. 2001-131284. The applicant shall indicate the location of the easement, and shall explain whether the agreement restricts any of the proposed site improvements. 40, Transportation and Parking Impacts Study. The City PW Prior to commissioned a study to evaluate transportation and parking issuance of impacts from the project. Said study was prepared by Omni-Means Grading/Site and is titled "Final Report, Transportation and Parking Impacts for work Permit the Proposed Armstrong Garden Center" dated 6/21/02. All recommended mitigation measures offered in the study shall be incorporated into the design of the project, unless specifically superceded or modified by these Conditions of Approval, or by the Director of Public Works. 41. Signs and Pavement Markings. The Applicant shall be PW Prior to responsible for the following traffic signs and pavement markings: issuance of The two R26 "No Parking Anytime" signs along the north side of Grading/Site Amador Valley Court shall be remain, although a reevaluation of work Permit parking needs for the site may be performed in the future to allow public parking along the roadway if needed. Type VI merge arrow(s) shall be installed in the outside lane for westbound traffic on Amador Valley Court near the intersection. The existing R2 "Yield" sign shall be replaced with a W75 "Lane Ends Merge Left" sign. An R7 "Keep Right" sign shall be added at the median nose for eastbound Amador Valley Court. The existing W53 "Not a Through Street" sign shall be relocated to the back of the new sidewalk for westbound Amador Valley Court. 42. Sight Distance. The Applicant shall have a Civil or Traffic PW Prior to Engineer determine an appropriate setback for the perimeter fencing issuance of as it extends towards the driveway to assure unobstructed sight Grading/Site distance for drivers exiting the site and submit appropriate work Permit calculations to the Public Works Division to verify that the fencing in the location shown on Sheet A2 of the exhibits will not hinder sight visibility. ll NO CONDITION TEXT RESPON. WHEN HOW IS AGENCY/ REQ.? CONDITION DEPART. SATISFIED? 43 Traffic Control. Two-way vehicle and pedestrian traffic is to be PW On-going maintained along Amador Valley Court/Amador Valley Boulevard during and San Ramon Road during all phases of construction, construction Applicant/Developer shall submit a traffic control plan showing detouring and temporary striping for all interim or phased improvements in the public street right of way for review and I a rovalb theDirector of Public Works. I ~ ~ 44 Requirements. The Applicant/Developer shall grade the project in PW Ongoing accordance with the Public Works Standard Conditions of Approval and California Regional Water Quality Control Board standards and details. 45 Water Quality Requirements. Pursuant to the City of Dublin's PW On-going National Pollution Discharges Elimination Permit (NPDES) No. During CAS0029831 with the California Regional Water Quality Control Construction Board, all grading and construction activities within the City must comply with the provisions of the Clean Water Act. Proper erosion control measures must be installed at construction sites within the City, and all activities shall adhere to Best Management Practices. All on-site storm drain inlets shall be fitted with filter devices to remove hydrocarbons and other contaminants from the storm runoff. Said filter devices shall be periodically cleaned pursuant to the recommendations of the device manufacturer. Finally, all storm drain inlets shall be stenciled "No Dumping - Flows to Bay" using a standard stencil available from the Alameda County Urban Runoff Clean Water Program, located at 951 Turner Court, Hayward, California. 46 Final Geotechnieal & Soils Report. In accordance with the PW, B Prior to requirements of the Building and Safety Division, the issuance of Applicant/Developer shall retain a licensed Geotechnical Engineer Grading to prepare a Final Geoteclmical & Soils Investigation for the site. Permit/ Improvement Said report shall verify that building setbacks from the existing Plans and earthquake fault trace that traverses the site for buildings and during accessory structures as shown on the project Site Plan are adequate construction and/or recommend appropriate setbacks from the fault trace. The design of the underground utilities, grading, paving, retaining walls, and foundations shall be based on recommendations outlined in said Report. The Geotechnical Engineer shall certify that the design conforms to the recommendations before the City issues a ~ Gradin SiteDevelo ment Permit. ~ ~ ~ 47 Undergrounding. The Developer shall underground all utilities to PW Prior to the project unless specifically approved by the Director of Public issuance of Works. The Developer shall remove all existing overhead utilities Grading Permit/ within the project and construct them underground. Improvement Plans 12 NO CONDITION TEXT RESPON. WHEN HOW IS AGENCY/ REQ.? CONDITION DEPART. SATISFIED? 48 Joint Utility Trenches/Undergrounding/Utility Plans. PW Prior to Applicant/Developer shall construct all joint utility trenches (such Occupancy as electric, telephone, cable TV, and gas) in accordance with the appropriate utility jurisdiction. All communication vaults, electric transformers, cable TV boxes, blow-off valves and any appurtenant utility items thereto shall be underground and located behind the proposed sidewalk within the public service easement, unless otherwise approved by the Director of Public Works and any applicable agency. All conduit shall be under the sidewalk within the public right of way to allow for street tree planting. Utility plans, showing the location of all proposed utilities (including electrical vaults and underground transformers) behind the sidewalk shall be reviewed and approved by the Director of Public Works. Location of these items shall be shown on the Final Utility Plans. 49 Streetlights. Applicant/Developer shall install streetlights on PW Prior to Amador Valley Court and San Ramon Road that are the City issuance of Standard cobra head luminaries with galvanized poles as required by Grading the Director of Public Works. A street lighting plan which Permits demonstrates compliance with this condition shall be submitted prior to issuance of grading permits and shall be subject to review and approval by the Director of Public Works. 50 Zone 7. The Applicant/Developer shall comply with all Alameda PW, Zone7 Prior to County Flood Control and Water Conservation District - Zone 7 approval of Flood Control requirements and applicable drainage fees. Improvement Plans 51 Zone 7 Monitoring Well on Adjacent Property. During grading Zone 7 Ongoing and construction, precautions shall be taken to avoid damage to the existing Zone 7 monitoring well located on the property to the north of the project site. Should any well be discovered on the property during grading or construction, the Applicant/Developer shall properly destroy the well in accordance with a permit obtained from Zone 7. 52 Lighting Plan. The Applicant/Developer shall prepare a Lighting PW, PL, Prior to Plan and Isochart (Photometrics) to the satisfaction of Police PO issuance of Services, the Director of Public Works and Director of Community Building Permits Development. Exterior lighting shall be provided within the parking lot, around the entire perimeter of the building and outdoor storage area, and over exterior doors, and shall be of a design and placement so as not to cause glare onto adjoining properties, businesses or to vehicular traffic. Lighting used after daylight hours shall be adequate to provide for security needs (1 foot candle). Wall lighting around the perimeters of the building should be supplied to provide "wash" security lighting as appropriate. Reasonable clearances shall be provided between lights and trees to assure that the tree canopies do not envelope the lights when mature. 53 Fencing. Fencing around the outdoor display area shall be a PO Prior to minimum of 8-feet in height. The fence shall be constructed with issuance of materials that will deter individuals from climbing and scaling the Building fence. Permits 13 NO CONDITION TEXT RESPON. V~tEN HOW IS AGENCY/ REQ.? CONDITION DEPART. SATISFIED? 54 Robbery, Burglary, Theft Prevention and Security Program. PO Ongoing The Applicant shall work with Dublin Police Services on an ongoing basis to establish an effective robbery, burglary, theft prevention and security pro~ram for the business. 55 Graffiti. The owners of Armstrong Garden Center shall, at all times, PO, PL Ongoing keep the site and building clear of graffiti vandalism on a regular and continuous basis. Graffiti resistant paints for the structures and film for windows or ~lass should be used. 56 Emergency Response Card. Armstrong Garden Center shall PO Prior to complete a "Business Site Emergency Response Card" and deliver it issuance of Occupancy to Police Services prior to occupancy. Permit approval 57 Fire Conditions. Developer shall comply with all conditions of the F Prior to Alameda County Fire Department (ACFD) as listed in the letter Issuance of from ACFD dated May 21, 2002, including: Building Permits a. Access and Water Supply. An approved access and water supply Prior to the shall be in place and operational, stockpiling of any combustible materials or ment of combustible construction on the site b. Drive Aisles. Final detailed layout and design of internal drive Prior to aisles shall be subject to review and approval by the ACFD and the Issuance of Director of Public Works. Building Permits c. Plan Review. Plans may be subject to revision following review. Prior to Issuance of Bldg. Permits d. Fire Sprinklers. Automatic fire sprinklers shall be installed and Prior to maintained to the specifications of the Alameda County Fire installation Department, Fire Prevention Division, in the covered building area only. Plans and calculations shall be submitted to the Fire Prevention Division for review and approval prior to installation. A permit for the system installation shall be completed and all fees paid prior to installation. e. Plans for Underground Fire Service Line. Plans shall be Prior to submitted for review and approval that include soils compaction, installation corrosivity and thrust block calculations. A Permit for the underground water supply for the fire sprinkler system shall be completed and all fees paid prior to installation f. Fire Lane. A "Fire Lane" shall be designated and so marked along Prior to the main entry to the property, issuance of Occupancy Permits 14 NO CONDITION TEXT RESPON. WHEN HOW IS AGENCY/ REQ.? CONDITION DEPART. SATISFIED? g. Storage Area. The Applicant/Developer shall provide details for the configuration of the storage area, including any racks with their height and type of materials that will bc stored within thc storage area. h. Address. Approved numbers shall be placed on the new building. The address for thc facility building shall be clearly visible from the street and the address must also be placed on thc rear doors of any building. j. H~zardous Materials. An inventory statement (HMIS) for any/all Prior to hazardous materials, including Material Safety Data Sheets, shall be issuance of supplied to the Alameda County Fire Deparrtment, Fire Prevention Occupancy Division, for approval of processing/storage/handling requirements. Permits Additional Alameda County Environmental Health Agency requirements, including a business emergency plan/hazardous materials management plan (BEP/I-IMPP) and local building approvals, may be required. k. KNOX Box. To allow emergency access to the building, a KNOX Prior to box shall be installed at the main entries of the buildings issuance of Occupancy Permits 1. Existing Fire Itydrant. The existing fire hydrant located west of Prior to the driveway entrance to the adjacent Kindercare site shall be issuance of relocated to the east side of the access to the site, or a new hydrant Occupancy may be installed at that location subject to Fire Department review : Permits / and royal. 58. Prior to issuance of any building permit, complete improvement DSR Prior to plans shall be submitted to DSRSD that conform to the requirements issuance of of the DSRSD Code; Standard Procedures, Specifications and Building Drawings for Design and Installation of Water and Wastewater Permits Facilities; and all applicable DSRSD Master Plans and policies. 59. Domestic and fire protection waterline systems for this commercial DSR Prior to development shall be designed to be looped or interconnected to approval of avoid dead end sections in accordance with requirements of the Improvement DSRSD Standard Specifications and sound engineering practice. Plans 60. Public water and sewer lines shall be located in public streets rather DSR Prior issuance than in off-street locations to the fullest extent possible. If of Grading unavoidable, then public sewer or water easements must be Permits 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. 61. Prior to approval by the City of a Grading Permit, the locations and DSR Prior to widths of all proposed easement dedications for water and sewer issuance of lines shall be submitted to DSRSD. Grading Permits 62. All easement dedications for DSRSD facilities shall be by separate DSR Prior to instrument irrevocably offered to DSRSD, or by offer of dedication issuance of on the Final Map. Building Permits 15 NO CONDITION TEXT RESPON. WHEN HOW IS AGENCY/ REQ.? CONDITION DEPART. SATISFIED? 63 Prior to issuance by the City of any Building Permit, all utility DSR Prior to connection fees, plan checking fees, inspection fees, pennit fees and issuance of fees associated with a wastewater discharge permit shall be paid to Building DSRSD in accordance with the rates and schedules established in Permits the DSRSD Code. 64 Prior to issuance by the City of any Building Permit, or any DSR Prior to Construction Permit by the DSRSD, whichever comes first, all issuance of improvement plans for DSRSD facilities shall be signed by the Occupancy District Engineer. Each drawing of improvement plans shall contain Permits 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/Developer 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 mainteraance bond, and a comprehensive general liability insurance policy in the amounts and forms that are acceptable to DSRSD. The Applicant/Developer shall allow at least 15 working days for final improvement drawing review by DSRSD before signature by the District Engineer. 65. No sewer line or water line construction shall be permitted unless DSR Ongoing the proper utility construction permit has been issued by DSRSD. 66. The Applicant/Developer shall hold DSRSD, its Board of DSR Prior to Directors, commissions, employees, and agents of DSRSD issuance of harmless and indemnify and defend the same from any litigation, Building claims, or fines resulting from the construction and completion of Permits the project. 67. All mains shall be sized to provide sufficient capacity to PW, DSR Prior to accommodate future flow demands for the project. Layout and issuance of sizing of mains shall be in conformance with DSRSD's utility Grading Permits I master lannin . /~ ~ 68. Construction Trash/Debris. Measures shall be taken to contain all PW, B, PL Prior to construction related trash, debris, and materials on-site until Construction disposal of-site can be arranged. The Applicant/Developer shall keep the adjoining public streets and properties free and clean of project dirt, mud, and mater/als during the construction period. The Developer shall be responsible for corrective measures at no expense to the City of Dublin. 69, Construction Fencing. The use of any temporary construction PL, PW Prior to fencing shall be subject to the review and approval of the Public issuance of Works Director and the Building Official. Building Permits 16 NO CONDITION TEXT RESPON. WHEN HOW IS AGENCY/ REQ,? CONDITION DEPART. SATISFIED? 70 Final Landscape and Irrigation Plan. A Final Landscape and PL Prior to Irrigation Plan prepared and stamped by a State licensed landscape issuance of architect or registered engineer, generally consistent with the Building preliminary irrigation and planting plan prepared by Environmental Permits Design Systems, Inc., dated received July 3, 2002 (see Exhibit A, Sheets Lol and L-2), except as modified by Condition #71 below, along with a cost estimate of the work and materials proposed, shall be submitted for review and approval by the Community Development Director. Landscape and irrigation plans shall provide for a recycled water system. 71 Corner Accent Feature/Landscaping. The paved comer accent PL, PW ' Prior to feature/landscaping at the intersection of San Ramon Road and issuance of Amador Valley Court shall be landscaped, paved and include the Building features (i.e., fountain, seatwall, bench, etc.) as generally shown on Permits Sheet Al-lof Exhibit A. The comer landscaping and features shall be subject to the review and approval of the Community Development Director and shall be included as part of the Final Landscape and Irrigation Plan submittal. Responsibility for maintenance of the improvements associated with the comer accent feature and landscaping shall be that of the Applicant/Developer. Since the Applicant will own and maintain these private features, the Applicant shall enter into an "Agreement for Long Term Encroachments" with the City that regulates this type of encroachment. 72. Landscaping of Trash Enclosure. The Applicant/Developer shall PL Prior to provide an approximately 4-foot wide landscape planter along the issuance of front of the trash enclosure and shall install landscaping as shown Building on the plantin~ plan for screeninl~ purposes. Permits 73. Standard Plant Material, Irrigation and Maintenance PW Prior to Agreement. Thc ApplicantfDevcloper shall complete and submit to issuance of the Dublin Planning Department the Standard Plant Material, Building Permits Irril~ation and Maintenance A~rcement. 74. Landscaping at Street/Drive Aisle Intersections. Landscaping at PL Prior to street and drive aisle intersections shall be such that sight distance is issuance of not obstructed. Except for trees, landscaping shall not be higher Building Permits than 30 inches above the curb in these areas. 75. Landscape Borders. All landscaped areas shall be bordered by a PL Ongoing concrete curb that is at least 6 inches high and 6 inches wide. Curbs adjacent to parking spaces must be 12 inches wide. All landscaped areas shall be a minimum of 6 feet in width (curb to curb). Concrete mow strips at least 6 inches deep and 4 inches wide shall be required to separate turf areas from shrub areas. 76. Maintenance of Landscape. All landscape areas on the site shall PL, PW Prior to be enhanced and properly maintained at all times. Any proposed or issuance of modified landscaping to the site, including the removal or Building Permits replacement of trees, shall require prior review and written approval from the Community Development Director. 17 NO CONDITION TEXT RESPON. WHEN HOW IS AGENCY/ REQ.? CONDITION DEPART. SATISFIED? 77. Transfer of Landscape Maintenance Obligation. The PL, PW Ongoing maintenance obligation for the landscaping improvements within thc public right-of-way along the San Ramon Road frontage shall be transferred to the Applicant. The City originally installed landscape improvements (irrigation, five street trees, and turf) at the direction of the City Council to beautify this comer. Now that the surrounding properties have developed and assumed responsibility for their frontage landscaping, the Applicant shall accept the maintenance obligation for all existing and proposed frontage landscaping improvements. To effectuate the transfer, the Applicant shall purchase the existing water meter that serves this area from the City, then assume maintenance responsibility for the existing irrigation system and pa7 all subsequent water usage costs. 78 Water Efficient Landscaping Ordinance. The PL, PW Completion of Applicant/Developer shall submit written documentation to the Improvements 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. 79 Landscaping and Street Trees. The Applicant/Developer shall PL, PW Issuance of construct all landscaping within the site, along the project frontage Occupancy from the face of curb to the site right-of-way, and all street trees Permits proposed within the public service easements, to the design and specifications of the City of Dublin, and to the satisfaction of the Director of Public Works and Director of Community Development. Street tree varieties of a minimum 15-gallon size shall be planted along all street frontages and shall be shown on the Landscaping plans. Exact tree locations and varieties shall be reviewed and approved by the Director of Public Works. The proposed variety of trees to be planted adjacent to sidewalks or curbs shall be submitted for review to and approval by the Director of Public Works. Root shields shall be required unless otherwise determined by the Director of Public Works and the Director of Community Development. Four of the five existing street trees along the San Ramon Road frontage shall remain, with one removed for improvements in the accent area of the plan. The other landscaping improvements along the frontage may be modified. 80 Retaining Walls. Should there be any locations where the finished PL Prior to grade of this site is in excess of twenty-four (24) inches higher or issuance of lower than the abutting property or adjacent lots within the project, Builffmg a concrete or masonry block retaining wall or other suitable solution Permits for signage acceptable to the Director of Public Works shall be required and installation shall be measured from the top of grade on the higher side of the retaining wall or slope. Landscaping shall be installed around all retaining walls in order to soften grade transitions to the satisfaction of the Director of Public Works and the Director of Community Development. 18 NO CONDITION TEXT RESPON. WHEN HOW IS AGENCY/ REQ.? CONDITION DEPART. SATISFIED? 81 Building Signage. Wall signs shall be allowed on the front (facing PL, B Prior to San Ramon Road) and on the south side (facing Amador Valley issuance of Court) of the building as shown on the Exterior Elevations in Building I Exhibit A, Sheet A3, and be integrated with the architecture of the Permits i building. The maximum size of the wall signage of the building shall be 150 square feet in area for each frontage. Materials and colors for the signage shall be as shown on the Materials and Colors Details in Exhibit B. The Applicant/Developer shall submit for and receive approval of building permits for si[gna[ge prior to installation. PASSED, APPROVED AND ADOPTED this 13th day of August, 2002. AVES: Musser, Nassar, Fasulkey NOES: Jennings ABSENT: Johnson ABSTAIN: ATT~. ~l£nningManager mmiss~on Vice-Chairperson G:\PA\pa 02-009\CUP SDR reso-PC.doc 19