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HomeMy WebLinkAboutPC Reso07-63 Appv SDR PA07-041 Big Lots AdditionRESOLUTION NO. 07-63 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A SITE DEVELOPMENT REVIEW TO CONSTRUCT A 4,185 SQUARE FOOT ADDITION TO AN EXISTING 21,470 SQUARE FOOT BUILDING LOCATED AT 7991 AMADOR VALLEY BOULEVARD (BIG LOTS!) (APN 941-0173-006-01) PA 07-041 WHEREAS, the Applicant, PNS Stores, Inc. has requested Site Development Review approval to construct a 4,185 square foot addition to an existing 21,470 square foot building, related site improvements including new parking and circulation, new landscaping and a new trash enclosure located at 7991 Amador Valley Boulevard (the "Project"); and WHEREAS, the Applicant has submitted a complete application which is available and on file in the Planning Division for a Site Development Review for the above described project; and WHEREAS, the Project has been reviewed in accordance with CEQA and a determination has been made that the proposed Project be found Categorically Exempt from CEQA pursuant to Section 15332, In-Fill Development Projects; and WHEREAS, the City of Dublin Planning Commission ("Pluming Commission") held a public hearing on said application on December 11, 2007; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used independent judgment to evaluate the project; and WHEREAS, the Staff Report was submitted recommending that the Planning Commission approve a Site Development Review for a 4,185 square foot addition to the exiting 21,470 square foot building, modifications to site layout including new parking and circulation, new landscaping and a new trash enclosure. NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission does hereby make the following findings for said Site Development Review: A. Approval of this application is consistent with the purpose and intent of this Chapter in that: 1) the Project contributes to orderly, attractive and harmonious site and structural development compatible with the existing site layout and surroundings properties; 2) establishes a cohesive architectural and landscape theme that is internally consistent with the site's development and with surrounding properties; 3) complies with the development regulations set forth in the Zoning Ordinance where applicable; 4) stabilizes property values by investing in the renovation of the property; and 5) promotes the general welfare through the expansion of an existing retail business. B. Any approval complies with the policies of the General Plan, with any applicable Specific Plans, with the development regulations or performance standards established for the zoning district in which it is located, and with all other requirements of the Zoning Ordinance. Approval of the Project: 1) is consistent with the General Plan land use designation; 2) is not located within a specific plan area, therefore the project is not applicable to any specific plan requirements; and 3) is consistent with the development regulations and performance standards for the zoning district in which it is located and all other requirements of the Zoning Ordinance in that the Project meets all setback, parking and landscaping requirements C. The approval will not adversely affect the health or safety oj"persons residing or working in the vicinity, or be detrimental to the public health, safety and general welfare in that: 1) the Project has been designed in accordance with the Dublin Municipal Code; and 2) conditions of approval have been applied to the Project to ensure on-going compatibility with surrounding properties. D. The approved site development, including site layout, structures, vehicular access, circulation and parking, setbacks, height, walls, public safety and similar elements, has been designed to provide a desirable environment for the development in that: 1) the site layout has been designed to complement and interact effectively with the Shamrock Village Shopping Center; 2) existing vehicular access would be upgraded to meet current standards and would be aesthetically treated to create a more attractive environment; 3) the height of the single story retail building is consistent with surrounding developments and includes a raised parapet to screen any roof mounted mechanical equipment; and 4) adequate lighting along all pedestrian walkways and parking areas will be provided in accordance with the 1,,'on-Residential Security Ordinance requirements. E. The subject site is physically, suitable for the type and intem-Ity of the approved development in that: 1) the Project site has historically been used for commercial purposes and is surrounded by compatible commercial uses; and 2) the Project complies with the Zoning Ordinance development regulations. F. Impacts to views are addressed in that: 1) the Project has been designed to be architecturally compatible with surrounding developments; 2) architectural detail and site improvements have been incorporated along the northern side of the property to provide an attractive view for adjacent residential uses; and 3) the building will remain single story which will relate well to surrounding single story commercial buildings. G. Impacts to existing slopes anti topographic features are addressed in that: the site is generally flat and no significant topographic features exist. H. Architectural considerations, including the character, scale and quality of the design, the architectural relationship with the site and other buildings, building materials and colors, screening of exterior appurtenances, exterior lighting, and similar elements have been incorporated into the project and as conditions of approval in order to insure compatibility of this development with the development's design concept or theme and the character of adjacent buildings, neighborhoods, and uses in that: 1) the Project Las been designed architecturally to compliment the adjacent buildings located within the Sharrock Village Shopping Center by utilizing the same color palette, light fixtures and building materials; 2) a raised parapet height would screen from view all roof mounted equipment; 3) exterior light fixtures shall not cause glare or spill over onto adjacent properties; and 4) conditions of approval have been applied to the Project to ensure that the development is constructed consistent with this approval. 1. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, provisions and similar elements have been considered to ensure visual relief and an attractive environment for the public in that: 1) the plant pE lette is consistent with the existing 2 of 27 landscape material located within the Shamrock Village Shopping Center; 2) proposed landscape material contains a range of species varying in size, color and texture; 3) a strong landscaped edge will be provided along the perimeter of the property; 4) additional landscape planters will be incorporated within the parking lot in order to soften the property and add color to the parking surface; and 5) existing landscaped areas and irrigation systems shall be upgraded. J. The approval of the Site Development Review is consistent with the Dublin General Plan and with any applicable Specific Plans in that: 1) the Project is consistent with the General Plan land use designation of Retail/Office; and 2) the Project is not located within a Specific Plan area. K. Approval of this application complies with Chapter 8.58 relating to the Public Art Program Contribution in that: the Project is not subject to Public Art in accordance with Chapter 8.58. BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby approve a Site Development Review for a 4,185 square foot addition to the exiting 21,470 square foot building, modifications to site layout including new parking and circulation, new landscaping and a new trash enclosure on 2.9 acres of land located at 7991 Amador Valley B :)ulevard. CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of Building Permits or establishment of the use and shall be first subif:ct to Planning Division review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [PL] Planning; FBI Buildir«; [P0] Police; [PW] Public Works; [ADM] Administration/City Attorney; [FIN] Finance, [PCS] Parks and Community Services; [F] Dublin Fire Prevention; [DSR] Dublin San Ramon Services District, [LDD] Livermore Dublin Disposal; [CO] Alameda County Department of Environmental Health, [Zone 71 Alameda County Flood Control and Water Conservation District, Zone 7; [LAVTA]Livermore Amador Valley Transit Authority; and [CHS] California Department of Health Services. NO. CONDITIONS OF APPROVAL Agenc?? , When Required prior to: Source PLANN ING CONDITIONS 1. Approval. The following Conditions of PL On-going Planning Approval apply to PA 07-041, Site Development Review for Big Lots! (the "Project"). The Project is a request for a Site Development Review to expand the existing building and make associated site improvements. This approval for PA 07-041 shall generally conform to the project plans prepared and submitted by Specialties Design and Kalin Enterprises Inc. dated received by Dublin Planning on November 16, 2007 stamped approved and on file in the Community Development Department, Planning Division and other plans, text, and diagrams relating to this approval, unless modified b the Conditions 3 of 27 of Approval contained herein. 2. Permit Expiration. Construction or use shall PL One year from DMC commence within one (1) year of the Site Permit Approval 8.96.020.D Development Review approval or the permit(s) 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. I Time Extension. The original approving PL One year from DMC decision-maker may grant a time extension of Permit Approval 8.96.020.E permit approval for a period not to exceed six (6) months provided that, 1) the Applicant submits a written request for an extension prior to expiration of the permit approval and 2) a determination can be made that all Conditions of Approval remain adequate to assure that the applicable findings of approval will continue to be met. All time extension requests shall be noticed and a public hearing or public meeting shall be held as required by the articular permit. 4. Revocation. The Site Development Review PL On-going DMC approval shall be revocable for cause in 8.96.020.1 accordance with Section 8.96.020.1, Revocation of the Dublin Zoning Ordinance. Any violation of the terms and conditions of this approval may be subject to the issuance of a citation. 5. Property Maintenance. The PL During Construction, Planning Applicant/Developer and property owner shall Through Completion be responsible for maintaining the site in a clean and On-going and litter free condition during construction and through completion. The property owner and/or future tenants shall be responsible for maintaining the site in a clean and litter free condition at all times following completion of construction. 6. Controlling Activities. The PL During Construction, Planning Applicant/Developer and property owner shall Through Completion control all activities on the project site so as not and On-going to create a nuisance to existing or surrounding businesses and residences during construction and through completion. The property owner and/or future tenants shall control all activities on the project site so as not to create a nuisance to existing or surrounding businesses and residences at all times following completion of construction. 7. Accessory/Temporary Structures and Uses. A PL Placement Planning 4 of 27 Temporary Use Permit is required for all On-site construction trailers, security trailers and storage containers used during construction. 8. Temporary Signage. All temporary signage PL On-going DMC shall be subject to the regulations of Chapter 8.84 8.84, Sign Regulations of the Dublin Zoning Ordinance. 9. Prohibited Signage. The use of any A-Frame, PL On-going DMC portable or sandwich board signs on-site or 8.84 within the public right-of-way is prohibited. 10. Permit Validity. The Site Development Review PL On-going DMC approval shall be valid for the remaining life of 8.96.020.F the approved structure so long as the operators of the subject property comply with the project's conditions of approval. 11. Exterior Building Colors. All exterior colors PL Occupancy Planning and finishes shall be consistent with the approved Project plans and the colors and materials boards date stamped November 16, 2007. Prior to painting the entire building, color swatches shall be painted on the building in their approved locations and shall be inspected by the Planning Division. 12. Exterior Building Materials. Exterior building materials shall consist of stone veneer, foam cornices, galvanized metal reveal-primed and painted with a semi-gloss enamel, new canopy finish with cement plaster with integral color provide waterproof coating to match paint color as indicated with a fine sand float finish and new plaster finish at existing wall shall match new canopy finish. Exterior building materials shall match existing within the renovated portion of the Shamrock Village Shopping Center. 13. Parking. A minimum of 88 parking stalls shall PL Occupancy and On- Planning be provided (76 parking spaces for Big Lots! and going 12 parking spaces for Parcel 1 to utilize in accordance with PA 91-014 and the 1965 CC&Rs). 14. Drive Aisles. All drive aisles with perpendicular PL, PW Occupancy and On- i Planning, Public parking shall be a minimum 24 feet wide. ng go Works 5 of 27 15. Roof and Ground Mounted Equipment. All PL, PW, Occupancy and On- Planning, new and existing ducts, meters, back-flow B going Public prevention devices, blow-off valves, pad- Works, mounted utility devices, air conditioning Building equipment and other mechanical equipment that is on-site or roof mounted shall be reasonably screened from view of all public rights of way. The location of such new equipment shall be subject to review and approval by the Director of Community Development. A screening plan shall be submitted for review and approval by the Community Development Director and Building Official prior to approval of Building Permit involving installation of both roof and ground mounted equipment. Said screening plan shall show that all visible mechanical and utility equipment shall be effectively screened from view with materials architecturally compatible with the materials of the structure or with approved landscaped features. Note this condition pertains to the addition and existing building. 16. Trash/Recycle Enclosure Location. The trash PL, On-going Planning, and recycling enclosure shall be located outside PW, B Public landscape areas. Works, Building 17. Trash Enclosure/Recycling Enclosure. The PL Issuance of Building Planning trash and recycling enclosure shall be designed Permits with materials architecturally compatible with the main building and to the satisfaction of the Community Development Director. New trash/recyclable enclosures shall be consistent with the rest of the Shamrock Village Shopping Center. All waste receptacles and recycling receptacles must be accommodated within the enclosure at all times. 18. Outdoor Storage. The property shall at all times PL Issuance of Building Planning be kept free of storage materials, pallets, Permits trashcans, bins, boxes, trash bags, and other materials. The property shall be policed as often as necessary in order to keep the site neat and clean. 19. Driveway Access. The driveway color shall be PL, PW Issuance of Building Planning, L.M. Scofield C-21 "Adobe Tan" w/ brown Permits Public antiquing release or equal. Stamp pattern is Works L.M. Scofield #26 "Fractured Slate-Random Interlocking Pattern" or equal. Sealed with L.M. Scofield cureseal-S Matte or equal. 6 of 27 20. Final Landscape and Irrigation Plans. Final PL, PW Issuance of Building Planning, Landscape and Irrigation Plans, shall be Permits Public prepared and stamped by a State licensed Works landscape architect or registered engineer. A cost estimate of the work and materials proposed shall be submitted for review and shall be approved by the Community Development Director. Landscape and Irrigation Plans shall be submitted at a minimum scale of 1"=20'. All text shall be minimum 1/8" font in size for readability. Signature blocks for the Community Development Director and the Public Works Director shall be included on the plans. Landscape and irrigation plans shall also provide for a recycled waters stem. 21. Removal and Replacement of Existing PL Occupancy Planning Landscaping. The Community Development Director reserves the right to require the removal and replacement of existing landscaping which is damaged during construction or otherwise not exhibiting health growth and vitality. 22. Details. Landscape plans shall include full PL Approval of Final Planning details regarding: 1) paving materials and Landscape Plans textures of walkways and paved pedestrian areas; 2) lighting of walkways and pedestrian areas with low intensity non-glare type fixtures; and, 3) landscaping of site and open areas. As part of the landscape plans the Applicant/Developer shall submit: a) An automatic, underground irrigation plan. b) A lighting plan for the illumination of the building, pedestrian and parking areas. Lighting fixture type, height, wattage and direction shall be clearly indicated. c) Construction details of fountains, raised planters, walkways, paths, benches, walls, fences, trellises, and other architectural features as appropriate to the project. 23. Standard Plant Material, Irrigation and PL Approval of Final Planning Maintenance Agreement. The Applicant/ Landscape Plans Developer shall complete and submit to the Planning Division the Standard Plant Material, Irri ation and Maintenance Agreement. 24. Water Efficient Landscaping Ordinance. The PL, PVA' Approval of Final Planning and 7 of 27 Applicant/Developer shall submit written Landscape Plans Public documentation to the Public Works Department Works (in the form of a Landscape Documentation Package and other required documents) that the development conforms to the City's Water Efficient Landscaping Ordinance. 25. Salt Sensitive Plant Species. The final PL Approval of Final Planning landscape plans shall include plant species that Landscape Plans and are not salt sensitive. On-going 26. Landscaping at Street and Drive Aisle PL Approval of Final Planning Intersections. Landscaping shall not obstruct Landscape Plans and the sight distance of motorists, pedestrians or On-going bicyclists. Except for trees, landscaping at drive aisle intersections shall not be taller than 30 inches above the curb. Landscaping shall be kept at a minimum height and fullness giving patrol officers and the general public surveillance capabilities of the area. 27. Landscape and Utilities. All utilities shall be PL Approval of Final Planning shown on the landscape plans and coordinated Landscape Plans with proposed landscaping. The location of utilities shall be studied carefully to minimize their visual impact and to provide adequate lantin space for trees and for screening shrubs. 28. Landscaping of Walls (if any) and Trash PL Approval of Final Planning Enclosures. The Applicant/Developer shall Landscape Plans and screen all walls, fencing and the sides of walls On-going surrounding trash enclosures and/or generator enclosures. The use of shrubs and vines is encouraged. All fencing shall be in accordance with the Zoning Ordinance requirements and regulations. 29. Lighting. The location of trees and light PL, PW, Approval of Final Planning, fixtures shall be coordinated to the satisfaction PD Landscape Plans and Public of the City Engineer, Community Development On-going Works and Director and Dublin Police Services. Lighting Police used after daylight hours shall be adequate to provide for security needs and shall comply with the Non-Residential Security Ordinance Requirements and to the satisfaction of Dublin Police Services. 30. Landscape Borders. A concrete curb that is at PL, PW Approval of Final Planning and least 6 inches high and 6 inches wide shall Landscape Plans Public border all landscaped areas. Any curbs adjacent Works to parking spaces must be 12 inches wide to facilitate pedestrian access. All landscaped areas shall be a minimum of 6 feet in width (curb to curb). All landscape planters within the parking area shall maintain a minimum 5-foot radius, or 8 of 27 be 2 feet shorter than adjacent parking spaces to facilitate vehicular maneuvering. Concrete mow strips at least 6 inches deep and 4 inches wide shall be required to separate turf areas from shrub areas. Landscape planters in the front of parking spaces shall provide a minimum three- foot clear to antree. 31. Plant standards. All trees shall be 15 gallon PL Approval of Final Planning minimum; all shrubs shall be 5-gallon minimum. Landscape Plans Ground cover plants shall be 1 gallon minimum. All plants shall be listed by full botanical name and common name. 32. Landscape Compatibility. Landscaping shall PL Approval of Final Planning complement and be consistent with the existing Landscape Plans and landscape material within the Shamrock Village On-going Shopping Center. 33. Installation of Landscaping and Parking Lot PL Occupancy Planning Improvements. All landscaping and parking lot improvements shall be installed prior to occupancy of the addition. 34. Light Fixtures. All lighting associated with the PL Approval of Final Planning project area shall be subject to staff review and Landscape Plans approval. All exterior light fixtures shall be consistent with existing light fixtures throughout the Shamrock Village Shopping Center. 35. Planting and Utility Conflicts. All planting PL, PW Approval of Final Planning and areas containing trees shall be free of all utility Landscape Plans Public structures (including light standards) and other Works built features consistent with the spacing requirements noted above. Conflicts between landscaping and utilities shall be resolved to the satisfaction of the Community Development Director. 36. Landscaping. The Applicant/Developer shall PL, PVC" Approval of Final Planning and construct all landscaping within the site and Landscape Plans and Public along the project frontage from the face of curb Through Completion Works to the site right-of-way to the design and specifications of the City of Dublin Streetscape compatible Master Plans and City of Dublin specifications, and to the satisfaction of the Director of Public Works. 37. Maintenance of Landscaping. All landscaping PL, PW On-going Planning and materials within the public right-of-way shall be Public maintained for 90 days and on-site landscaping Works shall be maintained in accordance with the "City of Dublin Standards Plant Material, Irrigation System and Maintenance Agreement" by the Developer after City-approved installation. This maintenance shall include weeding, the 9 of 27 application of pre-emergent chemical applications, and the replacement of materials that die. Any proposed or modified landscaping to the site, including the removal or replacement of trees, shall require prior review and written approval from the Community Development Director. BUILDING 38. Building Codes and Ordinances. All project B Through Completion Building construction shall conform to all building codes and ordinances in effect at the time of building permit. 39. Building Permits. To apply for building B Issuance of Building Building permits, Applicant/Developer shall submit eight Permits (8) sets of construction plans to the Building Division for plan check. Each set of plans shall have attached an annotated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participation non- City agencies prior to the issuance of building permits. 40. Construction Drawings. Construction plans B Issuance of Building Building shall be fully dimensioned (including building Permits 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. 41. Addressing. Addresses will be required on all B Occupancy Building doors leading to the exterior of the building. Addresses shall be illuminated and be able to be seen from the street and shall be a minimum of 5 inches in height. 42. Engineer Observation. The Engineer of record B Prior to Frame Building shall be retained to provide observation services Inspection for all components of the lateral and vertical design of the building, including nailing, hold- down's, straps, shear, roof diaphragm and structural frame of building. A written report shall be submitted to the City Inspector piLor to 10 of 27 scheduling the final frame inspection. 43. 60-foot No Build Covenant. Pursuant to Dublin B Occupancy Building Municipal Code Section 7.32.130, the owner shall file with the Building Official a Covenant and Agreement Regarding Maintenance of Yards for an Oversized Building binding such owner, his heirs, and assignees, to set aside a 60-foot required yard as unobstructed space having no improvements. After execution by the owner and Building Official, such covenant shall be recorded in the Alameda County Recorder's Office, and shall continue in effect so long as an oversized building remains or unless otherwise released b authority of the Build in Official. 44. Phased Occupancy Plan. If occupancy is B Prior to Occupancy Building requested to occur in phases, then all physical of any Affected improvements within each phase shall be Building 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. 45. Air Conditioning Units. Air conditioning units B Occupancy Building and ventilation ducts shall be screened from public view with materials compatible to the main building. Units shall be permanently installed on concrete pads or other non-movable materials to be approved by the Building Official and Director of Community Development. 11 of 27 46. Temporary Fencing. Temporary construction B Through Completion Building fencing shall be installed along perimeter of all work under construction. FIRE 47. The Project shall comply with the Uniform F On-going Fire Building and Fire Codes as adopted by the City of Dublin. PUBLIC WORKS 48. Clarifications and Changes to the Conditions. PW Prior to approval of Public In the event that there needs to be clarification to Improvement Plans Works these Conditions of Approval, the Directors of Community Development and Public Works have the authority to clarify the intent of these Conditions of Approval to the Applicant/Developer by a written document signed by the Directors of Community Development and Public Works and placed in the project file. The Directors also have the authority to make minor modifications to these conditions without going to a public hearing in order for the Developer to fulfill needed improvements or mitigations resulting from impacts of this project. 49. Standard Public Works Conditions of PW Prior to approval of Public Approval. Applicant/Developer shall comply Improvement Plans Works with all applicable City of Dublin Public Works Standard Conditions of Approval. In the event of a conflict between the Public Works Standard Conditions of Approval and these Conditions, these Conditions shall prevail. 50. Hold Harmless/Indemnification. The PW Through completion Public Developer shall defend, indemnify, and hold of Improvements and Works harmless the City of Dublin and its agents, occupancy of the officers, and employees from any claim, action, Buildings or proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City to the extent such actions are brought within 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 12 of 27 cooperation in the defense of such actions or proceedings. 51. Conditions of Approval. A copy of the PW With each submittal Public Conditions of Approval which has been of Improvement Works annotated how each condition is satisfied shall Plans be included with the submittals to the Public Works Department for the review of the Parcel Map and improvements plans. The notations shall clearly indicate how all Conditions of Approval will be complied with, and where they are located on the plans. Submittals will not be accepted without the annotated conditions. 52. Title Report. A current preliminary title report PW Prior to approval of Public (not more than 6 months old as of date of Improvement Plans Works submittal) together with copies of all recorded deeds, easements and other encumbrances and copies of Final Maps for adjoining properties and off-site easements shall be submitted for reference as deemed necessary by the City Engine r/Director of Public Works. 53. Improvements within Existing Easements. PW Prior to approval of Public The Applicant/Developer shall obtain written Improvement Plans Works permission from the beneficiaries of all existing easements encumbering the site before constructing improvements within the easement areas if the proposed improvements are inconsistent with purpose for which the easement was created. The Applicant/Developer shall not construct buildings, walls or any other permanent structure over these existing easements without written permission from the beneficiaries. Said permission shall be forwarded to the City as evidence of the Applicant/Developer's right to construct said im rovements. 54. Improvement Agreement and Security. PW Prior to issuance of Public Pursuant to §7.16.620 of the Municipal Code, Grading/Sitework Works the Applicant shall obtain a Grading/Sitework Permit Permit from the Public Works Department that governs the installation of required site improvements. As a condition of issuance of said permit, Improvement Security shall be posted to guarantee the faithful performance of the permitted work. Such security shall be in the form of cash, a certified or cashier's check, a letter of credit, or a permit bond executed by the applicant and a corporate surety authorized to do business in California. The amount of the security will be based on the estimated cost of 13 of 27 the site work (excluding the building). The applicant shall provide an estimate of these costs for Cit review with the first plan submittal. 55. Improvement and Grading Plans. All PW Prior to issuance of Public improvement, drainage, utility and grading plans Grading/Sitework Works submitted to the Public Works Department for Permit review/approval shall be prepared in accordance with the approved CUP, these Conditions of Approval, and the City of Dublin Municipal Code including Chapter 7.16 (Grading Ordinance). Design plans shall be prepared to engineering scale of 1'=40'. All printing and lettering shall be 1/8" minimum height and such shape and weight as to be readily legible on prints and microfilm reproductions. When submitting plans for review/approval, the Applicant/Developer shall also fill-out and submit a City of Dublin Improvement Plan Review Checklist (three 8-1/2" x 11" pages). Said checklist includes necessary design criteria and other pertinent information to assure that plans are submitted in accordance with established City standards. The plans shall also reference the current City of Dublin Standard Plans (booklet), and shall include applicable City of Dublin Improvement Plan General Notes (three 8-1/2" x 11" pages). For on-site improvements, the Applicant/Developer shall adhere to the City's On-site Checklist (eight 8- 1/2" x 11" pages). All of these reference documents are available fi•om the Public Works Department (call telephone 925-833-6630 for more information). The Grading Plan shall be in conformance with the recommendations of the Geotechnical Report, the approved SDR, and the City design standards & ordinances. In case of conflict between the soil engineer's recommendations and City ordinances, the City Engineer shall determine which shall apply. A detailed Erosion Control Plan shall be included with the Grading Plan. The plan shall include detailed design, location, and maintenance criteria of all erosion and sedimentation control measures. Detailed Engineer's Estimate of improvement costs shall be submitted with the plans. 14 of 27 56. Submittal Requirements. A complete submittal PW During plan review Public of improvement plans to Public Works Works Department includes copies of the following: a) 6 Improvement Plans (including site grading, utility, erosion/sediment control, joint trench, signing, striping, lighting, and landscape/irrigation {prepared by landscape architectl) prepared under the direction of a Registered Civil Engineer b) 2 Hydraulic and hydrology calculations justifying the proposed drainage system (stamped and signed by a Registered Civil Engineer) c) 2 Preliminary bond cost estimate (separate estimates for on-site and off-site portions) d) 1 Completed improvement plan review checklist signed by the engineer e) 1 Title Report with all reference data f) 1 copy of recorded document of all existing easements g) 1 Annotated copy of final Conditions of Approval 57. Grading/Sitework Permit. All improvement PW Prior to issuance of Public work must be performed per a Grading/Sitework Grading/Sitework Works Permit issued by the Public Works Department. Permit Said permit will be based on the final set of civil plans to be approved once all of the plan check comments have been resolved. Please refer to the handout titled Grading/Site Improvement Permit Application Instructions and attached application (three 8-1/2" x 11" pages) for more information. The Applicant/Developer must fill in and return the applicant information contained on pages 2 and 3. The current cost of the permit is $10.00 due at the time of permit issuance, although the Applicant/Developer will be responsible for any adopted increases to the fee amount. 58. Erosion Control during Construction. PW Prior to issuance of Public Applicant/Developer shall include an Erosion Grading/Sitework Works and Sediment Control Plan with the Grading and Permit and during Improvement plans for review and approval by construction the City Engineer and/or Public Works Director. Said plan shall be designed, implemented, and continually maintained pursuant to the City's NPDES permit between October 1St and April 15th or beyond these dates if dictated b rain 15 of 27 weather, or as otherwise directed by the City Engineer and/or Public Works Director. All grading, construction, and development activities within the City of Dublin must comply with the provisions of the Clean Water Act. Proper erosion control measures must be installed at development sites within the City during construction, and all activities shall adhere to Best Management Practices. 59. Water Quality/Best Management Practices. PW Prior to issuance of Public Pursuant to the Alameda Countywide National Grading/Sitework Works Pollution Discharges Elimination Permit Permit (NPDES) No. CAS00298 i 1 with the California Regional Water Quality Control Board (RWQCB), the applicant shall design and operate the site in a manner consistent with the Start at the Source publication, and according to Best Management Practices to minimize storm water pollution. All trash dumpsters and compactors which are not sealed shall have roofs to prevent contaminants from washing into the storm drain system. All storm drain inlets serving vehicle parking areas shall be fitted with Filter Devices to remove Hydrocarbons and other contaminants, and all storm drain inlets shall be have drain markers "No Dumping - Drains to Bay" installed using an approved format available from the Alameda Countywide Clean Water Program. 60. Storm Drain Improvements. PW Prior to issuance of Public Applicant/Developer shall construct all required Grading/Sitework Works storm drain improvements in accordance with a Permit site-specific hydrology/hydraulic analysis and/or as specified by the Public Works Director. Plans submitted for the storm drain improvements shall include full drainage pattern for the entire parking lot. Storm and irrigation flow along the site frontages will not be allowed to drain across public sidewalks and driveways. A on site CDS unit shall be built within the property and maintained by the applicant or common unit shall be placed within the public right-of-way where The City will take the responsibility of the maintenance once it's installed. 61. Storm Water Treatment Measures PW Prior to issuance of Public Maintenance Agreement. Applicant/Developer Occupancy Permit(s) Works shall enter into an agreement with the City of Dublin that guarantees the property 16 of 27 perpetual maintenance obligation for all storm water treatment measures installed as part of the project. Said agreement is required pursuant to Provision C.3.e.ii of RWQCB Order R2-2003- 0021 for the reissuance of the Alameda Countywide NPDES municipal storm water permit. Said permit requires the City to provide verification and assurance that all treatment devices will be properly operated and maintained. 62. Roof Drainage. Roof drainage shall drain across PW Prior to approval of Public bio-swales or into bio-filters prior to entering the Improvement Plans Works storm drain system if bio-swales or bio-filters are installed, or the Applicant/Developer may install a CDS unit in the street. The landscaping and drainage improvements in the bio-swale and bio-filters shall be appropriate for water quality treatment. The City Engineer may exempt specific roof leaders from this requirement if space limitations prevent adequate water treatment without creating hazards, nuisance or structural concerns. Concentrated flows will not be allowed to drain across public sidewalks. 63. Parking Lot Lights. The Applicant/Developer PW Prior to issuance of Public shall provide photometric calculation for the Grading/Sitework Works parking lot lights and around the building that Permit demonstrates a minimum foot-candle lighting level of not less than 1.0 at the ground surface for the adjacent parking area; if this cannot be verified provide additional lighting where necessary. 64. Disabled Parking. All disabled parking stalls PW Prior to issuance of Public shall meet State Title 24 requirements, including Occupancy Permit(s) Works providing curb ramps at each loading zone. Curb ramps cannot encroach within the loading/unloading areas. Disabled stalls shall be conveniently located and grouped near the primary entrances to each building. Van accessible stalls shall also be provided and shall meet State Title 24 require nents. 65. Disabled Access Ramps. The PW Prior to issuance of Public Applicant/Developer shall install disabled access Occupancy Permit(s) Works ramps, and where necessary replace all existing handicapped ramps at driveway intersections to meet current State Title 24 requirements. The Applicant/Developer shall coordinate with the adjacent property owner as necessary to install ramps. 66. Vehicle Parking. Applicant shall repair any PW Prior to issuance of Public 17 of 27 distressed areas of pavement within the existing Occupancy Permit(s) Works parking field, then seal and re-stripe the entire parking field. All parking spaces shall be double striped using 4" white lines set approximately 2 feet apart according to Figure 76-3 and §8.76.070 (A) 17 of the Dublin Municipal Code. All compact-sized parking spaces shall have the word "COMPACT" stenciled on the pavement within each space. 12"-wide concrete step-out curbs shall be constructed at each parking space where one or both sides abuts a landscaped area or planter. Wheel stops as necessary shall be provided at the parking stalls. All drive aisles shall be a minimum of 24' wide. 67. Bicycle Racks. Bicycle racks shall be installed PW Prior to issuance of Public near the entrances to the office and retail Occupancy Permit(s) Works buildings at a ratio of 1 rack per 40 vehicle parking spaces. Bicycle racks shall be designed to accommodate a minimum of four bicycles per rack, and so that each bicycle can be secured to the rack. The location of the bicycle racks shall not encroach into any adjacent/adjoining sidewalks in a manner that would reduce the unencumbered width of the sidewalk to less than 4'. Bicycle racks shall be placed in locations where they will have adequate lighting and can be surveilled b the building occupants. 68. Sidewalk. The Applicant/Developer shall install PW Prior to issuance of Public new 10' wide sidewalk along the site frontage on Occupancy Permit(s) Works Amador Valley Boulevard. Pedestrian walkway connecting the back door exits/entrances to the public sidewalk shall also be installed. Per Section 1114B.1.2 of the California Building Code. The Applicant/Developer shall conform with and coordinate this with the walkway from the existing adjacent building. 69. Driveway. The Applicant/Developer shall PW Prior to issuance of Public upgrade the existing driveway at Amador Valley Occupancy Permit(s) Works Boulevard to conform to current City standard. The Applicant/Developer shall coordinate with the adjacent property owner as necessary to install the driveway. Also a minor adjustment may be required to existing driveway location based on the proposed parking lot layout. 70. Pedestrian Crossing Signs and Striping. The PW Prior to issuance of Public Applicant/Developer shall install crosswalks, Occupancy Permit(s) Works pedestrian crossing warning signs, and pedestrian crossing pavement legends per City standards at the proposed crosswalk locations. 18 of 27 71. Signs and Pavement Markings. The PW Prior to issuance of Public Applicant/Developer shall be responsible for the Occupancy Permit(s) Works following on-site traffic signs and pavement markings: a) Directional pavement arrows in the drive aisles. b) R26F "No Stopping - Fire Lane" signs shall be posted on-site along all curbs that are longer than 20' and that parallel the drive aisles as required by the Fire Marshall. c) R100B (disabled parking regulations sign) shall be installed at each of the driveway entrance to the site with amended text to read "...may be reclaimed at DUBLIN POLICE or by telephoning 833-6670". d) R-1 "Stop Sign" and pavement markings shall be installed at. end each drive aisles or as required by the City Engineer. e) Handicapped parking signs and legends per State Title 24 requirements. f) The word "Compact" (12" high letters) shall be stenciled on the pavement surface within each compact parking space. g) "No Dumping - Drains to Bay" markers at all storm drain inlets. h) Any other signs and markings deemed reasonably necessary by the City Engineer and/or Public Works Director during final design and/or construction 72. Relocation of Existing Improvements/Utilities. PW Prior to issuance of Public Any necessary relocation of existing Occupancy Permit Works improvements or utilities shall be accomplished at no expense to the City. 73. Under Grounding of Existing Overhead PW Prior to issuance of Public Utilities. Applicant/Developer shall construct Occupancy Permit Works all joint utility trenches (such as electric, telephone, cable TV, and gas) in accordance with the appropriate utility jurisdiction. All communication vaults, electric transformers, and cable TV boxes shall be underground in designated landscape areas between the proposed sidewalk and back of curb. Utility plans showing the location of all proposed utilities (including electrical vaults and under round transformers) shall be reviewed and 19 of 27 approved by the Director of Public Works and the Director of Community Development. Location of surface or aboveground items shall be shown on the Final Landscaping and Irri ation Plan and screened from view. 74. Landscape and Irrigation Plans. The PW Prior to approval of Public Applicant/Developer shall submit Landscape and improvement plans Works Irrigation Plans for review and approval by and issuance of Planning and Public Works Departments. These Building Permit plans shall be coordinated with on-site civil, streetlights, and utility improvement plans. The final plans shall be signed Community Development Director and the City Engineer. 75. Landscaping at Intersections. Landscaping at PW Prior to issuance of Public intersections shall be such that sight distance is Occupancy Permit Works not obstructed for drivers. Except for trees, landscaping shall not be higher than 30 inches above the curb in these areas. 76. Tree Grates. The Applicant/Developer shall PW Prior to issuance of Public install 4'x8' size dark green Urban Accessories Occupancy Permit Works model "Kiva" tree grates along the frontage on Amador Valley Boulevard as per City of Dublin Streetscape Master Plan adopted by the City Council on June 7, 2005 via Resolution No. 99- 05. 77. Trash Enclosure/Garbage Area. The proposed PW Prior to issuance of Public trash enclosure shall be architecturally designed Building Permit Works to be compatible with the building. The enclosure shall have a roof constructed of materials that are architecturally compatible with the building. The doors must be designed with self-closing gates that can be locked closed and can also be held open with pin locks during loading. Concrete apron (10'x12' minimum) shall be installed outside the doors to accommodate heavy garbage vehicles. All trash bins used for this site shall be maintained within the trash bin enclosure(s) at all times. Oil/sand interceptor as required by DSRSD shall be installed. An area drain shall be installed within the trash enclosure with a connection to the sanitary sewer system. In addition, a hose bib shall be provided for convenient wash-down of the trash enclosure. 78. Refuse Collection. The Applicant/ Developer PW Prior to issuance of Public shall provide designated refuse collection areas Building Permit Works for the project, subject to approved by the appropriate solid waste collection company prior to approval of improvement plans. All refuse 20 of 27 collection areas shall be screened from public view and shall have roofs to protect against rainwater intrusion and floor drains connected to the sanitary sewer system to collect runoff from periodic washdown. The refuse collection service provider shall be consulted to ensure that adequate space is provided to accommodate collection and sorting of putrescible solid waste as well as source- separated recyclable materials generated by this project. 79. Temporary Fencing. Temporary Construction PW During Construction Public fencing shall be installed along perimeter of all Works work under construction to separate the construction operation from the public. All construction activities shall be confined to within the fenced area. Construction materials and/or equipment shall not be operated or stored outside of the fenced area or within the public right-of- way unless approved in advance by the City Engine r/Public Works Director. 80. Construction Hours. Construction and grading PW During Construction Public operations shall be limited to weekdays (Monday Works through Friday) and non-City holidays between the hours of 7:30 a.m. and 5:30 p.m. The Applicant/Developer may request permission to work on Saturdays and/or holidays between the hours of 8:30 am and 5:00 pm by submitting a request form to the City Engineer no later than 5:00 pm the prior Wednesday. Overtime inspection rates will apply for all Saturday and/or holiday work. 81. Construction Noise Management Program/ PW During Construction Public Construction Impact Reduction Plan. Works Applicant/Developer shall conform to the following Construction Noise Management Program/ Construction Impact Reduction Plan. The following measures shall be taken to reduce construction impacts: a) Off-site truck traffic shall be routed as directly as practical to and from the freeway (I-580) to the job site. Primary route shall be from I-580 to San Ramon Road. An Oversized Load Permit shall be obtained from the City prior to hauling of any oversized loads on City streets. b) The construction site shall be watered at 21 of 27 regular intervals during all grading activities. The frequency of watering should increase if wind speeds exceed 15 miles per hour. Watering should include all excavated and graded areas and material to be transported off-site. Use recycled or other non-potable water resources where feasible. c) Construction equipment shall not be left idling while not in use. d) Construction equipment shall be fitted with noise muffling devices. e) Mud and dust carried onto street surfaces by construction vehicles shall be cleaned- up on a daily basis. f) Excavation haul trucks shall use tarpaulins or other effective covers. g) Upon completion of construction, measures shall be taken to reduce wind erosion. Replanting and repaving should be completed as soon as possible. h) After grading is completed, fugitive dust on exposed soil surfaces shall be controlled using the following methods: 1. Inactive portions of the construction site shall be seeded and watered until grass growth is evident. 2. Of the construction site shall be seeded and watered until grass growth is evident. 3. All portions of the site shall be sufficiently watered to prevent dust. 4. On-site vehicle speed shall be limited to 15 mph. 5. Use of petroleum-based palliatives shall meet the road oil requirements of the Air Quality District. Non- petroleum based tackifiers may be required by the City Engineer. i) The Department of Public Works shall handle all dust complaints. The City Engineer may require the services of an air quality consultant to advise the City on the severity of the dust problem and additional ways to mitigate impact on residents, including temporarily halting project construction. Dust concerns in adjoining communities as well as the City of Dublin shall be addressed. Control measures shall be related to wind 22 of 27 conditions. Air quality monitoring of PM levels shall be provided as required by the City Engineer. j) Construction interference with regional non-project traffic shall be minimized by: 1. Scheduling receipt of construction materials to non-peak travel periods. 2. Routing construction traffic through areas of least impact sensitivity. 3. Routing construction traffic to minimize construction interference with regional non-project traffic movement. 4. Limiting lane closures and detours to off-peak travel periods. 5. Providing ride-share incentives for contractor and subcontractor personnel. k) Emissions control of on-site equipment shall be minimized through a routine mandatory program of low-emissions tune-ups. 82. Sidewalk, Curb & Gutter Repairs. The PW Prior to issuance of Public Applicant/Developer shall be responsible for the Occupancy Permit Works repair of any existing damaged pavement, curb & gutter, sidewalk, and other public street facility or any damage resulting from construction activities associated with the develo ment of the ro'ect. 83. Graffiti. The Applicant/Developer and/or PW On-going Public building tenant(s) shall keep the site clear of Works graffiti vandalism on a regular and continuous basis. Graffiti resistant paint for the structures and film for windows or glass shall be used whenever possible. 84. Occupancy Permit Requirements. Prior to PW Prior to issuance of Public issuance of an Occupancy Permit, the physical Occupancy Permit Works condition of the project site shall meet minimum health and safety standards including, but not limited to the following: a) The walkways providing access to the building shall be complete, as determined by the City Engineer, to allow for safe, unobstructed pedestrian and vehicle access to and from the site. b) All traffic control devices providing access to the site shall be in lace and 23 of 27 fully functional. c) All address numbers for streets providing access to the buildings shall be in place and visible. d) Lighting for the site shall be adequate for safety and security. Exterior lighting shall be provided for building entrances/exits and pedestrian walkways. Security lighting shall be provided as required by Dublin Police. e) All construction equipment, materials, or on-going work shall be separated from the public by use of fencing, barricades, caution ribbon, or other means approved by the City Engineer. f) All fire hydrants shall be operable and easily accessible to City and ACFD personnel. g) All site features designed to serve the disabled (i.e. H/C parking stalls, accessible walkways, signage) shall be installed and full functional. 85. Required Permits. An encroachment permit PW Various Times and Public from the Public Works Department may be Prior to issuance of Works required for any work done within the public Building Permit right-of-way. Developer shall obtain all permits required by other agencies including, but not limited to Alameda County Flood Control and Water Conservation District Zone 7, California Department of Fish and (lame, Army Corps of Engineers, Regional Water Quality Control Board, Caltrans and provide copies of the permits to the Public Works Department. 86. Fees. The Developer shall pay all applicable PW Prior to issuance of Public fees in effect at the time of building permit Building Permit Works issuance including, but not limited to, Planning fees, Building fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees, Public Works Traffic Impact fees, Fire Services fees; Noise Mitigation fees, Inclusionary Housing In-Lieu fees; Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; and any other fees as noted in the Development Agreement. 87. Geographic Information System. The PW Prior to issuance of Public Applicant/Developer shall provide a digital Occupancy Permit Works vectorized file of the "master" files on floppy or 24 of 27 CD of the Improvement Plans to the Public Works Department and DSRSD. Digital raster copies are not acceptable. The digital vectorized files shall be in AutoCAD 14 or higher drawing format or ESRI Shapefile format. Drawing units shall be decimal with the precision of 0.00. All objects and entities in layers shall be colored by layer and named in English, although abbreviations are acceptable. All submitted drawings shall use the Global Coordinate System of USA, California, NAI) 83 California State Plane, Zone III, and U.S. foot. Said submittal shall be acceptable to the City's GIS Coordinator. 88. Public Improvements. All public improvements PW Prior to issuance of Public constructed by Developer and to be dedicated to Occupancy Permit Works the City are hereby identified as "public works" under Labor Code section 1771 unless the Public Works Director specifically determines otherwise in writing. Accordingly, Developer, in constructing such improvements, shall comply with the Prevailing Wage Law (Labor Code. Sects. 1720 and following . POLICE 89. The Applicant shall comply with all applicable PO Prior to issuance of Police City of Dublin Non Residential Security Occupancy Permit Ordinance requirements. and On-going DUBLIN SAN RAMON SERVICES DISTRICT SRSD 90. Prior to issuance of any building permit, DSR DSRSD 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. 91. Prior to issuance by the City of any Building DSR DSRSD 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. 92. Prior to issuance by the City of any Building DSR DSRSD Permit or Construction Permit by the Dublin San Ramon Services District, whichever comes first, 25 of 27 all improvement plans for DSRSD facilities shall be signed by the District Engineer. Each drawing of improvement plans shall contain a signature block for the District Engineer indicating approval of the sanitary sewer or water facilities shown. Prior to approval by the District Engineer, the applicant shall pay all required DSRSD fees, and provide an engineer's estimate of construction costs for the sewer and water systems, a performance bond, a one-year maintenance bond, and a comprehensive general liability insurance policy in the amounts and forms that are acceptable to DSRSD. The applicant shall allow at least 15 working days for final improvement drawing review by DSRSD before signature b the District Engineer. 93. No sewer line or waterline construction shall be DSR DSRSD 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. 94. The applicant shall hold DSRSD, it's Board of DSR DSRSD Directors, commissions, employees, and agents of DSRSD harmless and indemnify and defend the same from any litigation, claims, or fines resulting from the constriction and completion of the project. 95. Above ground reduced pressure devices shall be DSR DSRSD installed on all domestic waterline systems. Any improvements requiring construction of fire waterline systems will require the installation of backflow prevention devices in accordance with requirements of the DSRSD Standard Specifications. OTHER CONDITIONS 96. Prior to issuance of building permits the PL Prior to issuance of Planning applicant shall submit a construction phasing building permits plan for review and approval by the Community Development Director. 97. Stone veneer wainscoting shall be installed PL Prior to Occupancy Planning within the arcade along the southern elevation. 98. Windows shall be maintained as open glass for PL Prior to Occupancy Planning interior visibility from the outside of the building. 26 of 27 PASSED, APPROVED AND ADOPTED this l Ph day of December 2007 by the following vote: AYES: Schaub, Tomlinson, Wehrenberg, Biddle & king NOES: ABSENT: ABSTAIN: Planning ommission Chair ATTEST: (--T? , - Planning ager GAPA#\2007\07-041 Big Lots\PC Reso.doc 27 of 27