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HomeMy WebLinkAboutItem 6.2 ArmstrongGardenPDRez CITY CLERK FILE #410-55 & 410-30 AGENDA STATEMENT ' Ov CITY COUNCIL MEETING DATE: September 3, 2002 SUBJECT: PUBLIC HEARING PA 02-009 Armstrong Garden Center-Specific Plan Amendment, Planned Development Rezoning, Conditional Use Permit, Site Development Review, and Sign/Site Development Review Prepared by Janet Harbin, Senior Planner ATTACHMENTS: 1. Resolution adopting the San Ramon Road Specific Plan Amendment 2. Ordinance adopting a Planned Development (PD) Rezoning and Development Plan (with Development Plan attached as Exhibit A) 3. Resolution approving the Conditional Use Permit, Site Development Review and Sign/Site Development Review (with Project Plans attached as Exhibit A and Materials and Colors Illustration attached as Exhibit B) 4. Project Plans (full size) 5. Site Photos 6. Planning Commission Resolutions 02-28, 02-29, and 02-30 7. Letters of Support from Kildara Residents for the Project 8. Letter from Michael Perkins, Sleep Shop, Ltd. dated August 19, 2002, and Staff's response 9. Planning Commission minutes for August 13, 2002 RECOMMENDATION: 1. Open public hearing and hear Staff presentation. 2 Question Staff, Applicant and the public.  4. Close public hearing and deliberate. 5. Adopt Resolution adopting the San Ramon Road Specific Plan Amendment (Attachment 1) 6. Waive the Reading and introduce Ordinance (Attachment 2) approving a Planned Development (PD) Rezoning and Development Plan 7. Adopt Resolution approving the Conditional Use Permit, Site Development Review and Sign/Site Development Review (Attachment 3) PROJECT DESCRIPTION: On February 5, 2002, the City Council approved Resolution No. 14-02 authorizing initiation of the Armstrong Garden Center Specific Plan Amendment Study for the San Ramon Road Specific Plan at the request of Armstrong Garden Centers. The San Ramon Road Specific Plan does not allow for garden centers or stores in Area 3 of the Plan. This amendment would change that provision and allow for a COPIES TO: Applicant Property Owner PA File Project Manager ITEM NO. ~ G:\pa02-009\CC-sr.doc / ~ c~ garden center/store as a conditional use. Additionally, an amendment to the Circulation System Section of the Specific Plan for Area 3 is required to reflect the new location of the drive aisle accessway for consistency with the proposed project plans. The Applicant is also requesting approval of a Planned Development (PD) District Rezoning, Conditional Use Permit, Site Development Review, and Sign/Site Development Review to construct an approximately +30,810 square foot retail garden store/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 standard parking requirements. No plants would be grown on the premises. The plants and other garden items sold at the garden center would be brought in from Armstrong's distribution centers located in southern California. The project site is located at 7360 San Ramon Road, at the northwest comer of San Ramon Road and Amador Valley Boulevard. . Required Approvals: The project requires the following planning approvals: 1) An amendment to the San Ramon Road Specific Plan to: a. Allow a garden center/store as a conditional use instead of a prohibited use b. Amend the Circulation System Section for the site access 2) A PD District rezoning (a requirement of the San Ramon Road Specific Plan) that includes a Stage 1 and Stage 2 Development Plan for construction of the garden center/store, parking area and landscaping 3) A Conditional Use Permit and Site Development Review to allow a garden center/store, with an exemption from standard parking requirements for the garden center 4) A Sign/Site Development Review for the wall signs to be attached to the building on the east and south side roadway frontages San Ramon Road and Amador Valley Boulevard. Planning Commission Action: On August 13, 2002, the Planning Commission adopted Resolutions 02- 28, 02-29, and 02-30, contained in Attachment 6, recommending that the City Council adopt the San Ramon Road Specific Plan Amendment and the ordinance approving the Planned Development (PD) District Zoning and Development Plan for the Armstrong Garden Center. Additionally, the Planning Commission recommended that the City Council approve the Conditional Use Permit, Site Development Review and Sign/Site Development Review for the project by a vote of 3-1-0 (see Resolutions in Attachment 6). At the Planning Commission hearing, the adjacent business owner, Michael Perkins of the Sleep Shop, Ltd., expressed concerns that his business would no longer be visible from the intersection of San Ramon Road and Amador Valley Boulevard due to the location of the proposed garden center's trellises in the front and side yard outdoor storage areas. Additionally, the relocation of the existing accessway on the Armstrong site further west on Amador Valley Boulevard would make it difficult for customers to access his business. Additionally, he requested that Armstrong Garden Centers be required to install additional signage to direct customers to his business. The Commission voted to recommend the project to the City Council with two modifications in the trellises (shortening the north and south ends of the front trellis structure facing San Ramon Road) proposed by the Applicant at the hearing, to improve visibility of the Sleep Shop from the intersection, and with the addition of signage to direct customers through the proposed parking area to the Sleep Shop building (see Planning Commission minutes in Attachment 9). The Applicant has incorporated the modifications to the trellis structure in the Site Plan (see Project Plans, Attachment 3, Exhibit A), as discussed at the Planning Commission hearing. Additionally, Staff has been working with Mr. Perkins and the Applicant on the addition of directional signage to the garden center project (see Mr. Perkin's letter and Staff's response, Attachment 8). The Applicant has notated on the Site Plan potential locations of the directional signage, and is in the process of developing a potential design for the signage. General Plan/Specific Plan/Zoning: The proposed Armstrong Garden Center project complies with the existing General Plan land use designation for the project site which is Retail/Office. The project is located within Area 3 of the San Ramon Road Specific Plan and the existing zoning is C-l, Retail Commercial Zoning District. The proposed use would be consistent with the new Planned Development (PD) Zoning District designation in conjunction with the requested Conditional Use Permit and Specific Plan Amendment. The project site is adjacent to the Sleep Shop, Ltd. retail store to the north, the KinderCare Learning Center to the west, and Stroud's Plaza to the south across Amador Valley Boulevard, which are designated as Retail/Office on the General Plan. The proposed garden center use is compatible with these retail and commercial uses as it has the same General Plan designation and would provide an additional retail and commercial service use to the general area, Specific Plan Amendment The proposed amendments to the San Ramon Road Specific Plan are contained in the Resolution in Attachment 1, and summarized below. Amendment to Land Use Section: The project site is within the boundaries of the San Ramon Road Specific Plan. The geographic designation of the project site in the Specific Plan is "Area 3" (San Ramon properties). This designation allows for the development of retail shopper stores oriented to prOviding additional comparison shopping goods for both Dublin and nearby community residents. It is the intent of the Specific Plan that the principal uses within Area 3 be reserved for retail commercial stores. Under certain circumstances, a limited amount of development may occur for other types of uses such as personal service~ financial institutions or office uses. The Specific Plan presently identifies garden stores as a prohibited use in this Specific Plan area. ., According to the Plan, "garden stores" are prohibited uses because they are considered other retail stores · and service-type uses that do not fall within the "retail shopper" store category. The area was considered by the Plan as having the best potential for the development of retail stores oriented to providing additional comparison shopping for both Dublin and the nearby community residents. The prohibition of uses such as a garden store in this area was based on a market study completed for the Plan in 1983, which indicated that there was not enough residential development to support more retail and service-type stores in the downtown area. However, since the adoption of the Plan in 1983, the City has approved additional residential development throughout the City, in particular, the 174 multi-family unit residential project (Kildara)just west of the project site, which would now support an up-scale retail garden center store as proposed by Armstrong Garden Center. As a result of present market conditions and the demographics of the community, the Plan should be amended to allow retail garden centers/stores as conditionally permitted uses which would result in no land use conflicts with the Plan. Additionally, it is recommended that this use be added to the Plan as a use requiring a Conditional Use Permit for consistency with the provisions of the existing C-l, General Commercial Zoning District, where the site is located. Amending the Specific Plan to allow a garden center/store as a conditional use would not result in land use conflicts with the provisions of the City's Zoning Ordinance or General Plan because a Conditional Use Permit provides for the review of a development proposal by the Planning Commission, and the application of coflditions of approval will insure that the intent of the Zoning Ordinance is met. Amendment to Circulation System Section: On September 8, 1986, the San Ramon Road Specific Plan Circulation System Section was amended (City Council Resolution No. 102-86) to include a reference to the development of two shared driveways on the north side of Amador Valley Boulevard in the project ~ea. The Specific Plan Circulation System Secti°n shOUld be amended with this project to remove the reference to one of the shared driveways as the garden center has been designed to eliminate the driveway closest to the intersection of Amad0r Valley Boulevard and San Ramon Road. This driveway has no recorded access easement, but has been maintained by the property owner for the convenience of the other business owners' customers within the immediate project area. This driveway presently provides access to the Sleep Shop, Ltd. property and the adjacent McNamara's restaurant. However, this accessway will be replaced with a shared driveway providing access to the garden center parking lot and also to the rear and side of the Sleep Shop building and the restaurant with the project (see Site Plan, Sheet A2, Exhibit A). The project has been designed to eliminate the shared driveway closest to the intersection to provide a view of a well-landscaped outdoor garden sales area at this major intersection, rather than a view of an accessway and paved parking lot. The Applicant has agreed to install directional signage for the other businesses on the project site, as discussed above, which is included as a condition in the Conditions of Approval in Attachment 3. Additionally, the shared driveway eliminated with the project is located less than 150 feet (approximately 80 feet) from the roadway intersection and conflicts with right- and left-turn movements from San Ramon Road at the Amador Valley Boulevard intersection. Accessways less than 150 feet from an intersection are generally prohibited due to vehicles slowing down to make the turn and delaying traffic movements at the intersection. In some cases because of physical site constraints, it may be necessary to allow an accessway closer to an intersection; however, if an alternative location is possible, relocation of the accessway is more desirable. Planned Development District Rezonin~ According to the i'General Development Criteria - Zoning" section of the San Ramon Road Specific Plan, all new development proposals within the Specific Plan area require a Planned Development Zoning District approval. A Planned Development (PD) Zoning District and Development Plan (Stage 1 and 2) has been prepared for the project (see Ordinance, Attachment 2, Exhibit A). Except as specifically modified by the provisions of the PD District Rezone and Development Plan, the use, development, improvement and maintenance of the project site are subject to the provisions of the C-l, Retail Commercial Zoning District of the Zoning Ordinance with regard to permitted/conditional uses, land use restrictions and minimum/maximum development criteria. The Stage 1 and Stage 2 Development Plan (Exhibit A of Attachment 2) includes development standards, such as permitted and conditional uses, site area densities, development standards, and the Project Plans in Attachment 3, Exhibit A (see Resolution for the Conditional Use Permit and Site Development Review). The Planned Development Zoning District and Development Plan is consistent with the proposed amendment to the San Ramon Road Specific Plan as it would permit garden centers/stores as a conditional use. Development under the Planned Development zoning District and Development Plan will be compatible with existing and future development in the surrounding areas due to the site design and layout, architectural design, setbacks, parking and landscaping requirements of the Planned Development Zoning District and related Site Development Review. Application of these requirements will result in commercial development that will be compatible with the surrounding retail commercial and the medium to high density residential uses to the west. Conditional Use Permit The Conditional Use Permit (see Resolution in Attachment 3) for this project covers the establishment of an approximately 30,810 square foot retail garden center, and an exemption from the standard parking 4~ba~' r[quirements for the commercial facility. The site previously contained a 7,200 square foot hardware store which was destroyed in a fire several years ago. Since that time, the site has been vacant except for the concrete pad from the previous building and several trees. The Applicant is proposing to construct a 6,400 square foot single-story building for the retail use with 24,410 square feet of outdoor display area for plants and landscaping: An 8-foot high decorative wrought iron fence designed to allow viewing of the plants and landscaping on display inside the facility would surround the building and outdoor display area. A 1 O-foot high fence is normally required in commercial areas for outdoor storage areas, but because of the nature of the garden center with well-maintained landscaping and the highly visible location, an 8-foot high fence is appropriate for this location. Within the outdoor display area, a 7,255 square foot trellis shade structure will be constructed for the display of plants and garden items. The garden center would serve residences and businesses in the community and region by providing an upscale retail store for gardening and landscaping needs. The garden center has been designed by the Applicant to minimize any adverse impacts of the operation on the neighborhood. The garden center is proposed to open at 9:00 am, after the usual morning peak hour traffic and drop-off at the adjacent KinderCare daycare facility, and close at 5:30 pm during the fall and winter months, and 6:30 pm in the spring and summer. Approximately 60% of the garden center's retail business occurs on weekends when the KinderCare facility is not in session and the usual weekday peak hour traffic does not occur. The operation would have two to five deliveries per day, and deliveries would take place during the centers hours of operation, between 9:00 am and 5:00 pm, in the delivery area adjacent to the trash enclosures (see Site Plan, Attachment 3, Exhibit A). The garden center would have four to seven employees at the store throughout the hours of operation. The Applicant has discussed the project with representatives of the Kildara Homeowners' Association,. and the project was well received. Several letters of support for the garden center have been received' from property owners in the Kildara residential development and are attached as Attachment 7. Parking and Access Armstrong Garden Centers is also requesting an exemption from the parking requirements of the Zoning Ordinance as allowed by the San Ramon Road Specific Plan for the retail garden facility. The parking lot for the center is proposed in the west portion of the property and is accessed by a driveway off Amador Valley Boulevard that provides shared access to the Sleep Shop and McNamara's. The Zoning Ordinance requires a total of forty (45) parking spaces for the proposed use, which based on the traffic study prepared for a similar garden center project and the additional information on parking needs for the use submitted by the Applicant, is excessive. According to this information twenty-six (26) to twenty-nine (29) parking spaces are adequate for the project based on research cOmpleted for other garden center facilities developed in southern California by the Applicant. The Public Works Division has reviewed this information and has stated that a reduced number of spaces in the lot should be adequate. With the 25% parking ratio reduction under the Specific Plan, the garden center would be required to provide 34 parking spaces. The Site Plan, in Exhibit A of Attachment 3, shows 32 parking spaces on-site and three additional parking spaces in the adjacent KinderCare parking lot, developed by the Applicant, for use by the garden center, for a total of 35 parking spaces. The Applicant will be developing six parking spaces in the KinderCare parking lot under a shared use agreement with KinderCare, but proposes to use only three of the spaces. The Conditions of Approval in Attachment 3 require that the Applicant enter into such an agreement with KinderCare. With 35 parking spaces, the parking shown on the plan would be adequate for the proposed use. However, located in parking space 13 on the Site Plan (Exhibit A, Attachment 3), is a 23" diameter oak tree in healthy condition to be preserved with development of the parking lot. Although the City's Heritage Tree Ordinance designates all oaks 24" in diameter as heritage trees and preservation is required, · ' ~taffbelieves that the 23" diameter oak should be ~6§~d, if posSible, with the development of the project but it could result in a loss of parking spaces in the lot. Because preserving the oak may require the other parking spaces to be setback from the base of the tree at least six feet, and the installation of pervious material in this area may be necessary for the tree to maintain healthy, the garden center parking lot many lose two additional parking spaces. The exact number of spaces that will be lost is unknown until actual site preparation occurs and the location of the tree's root structure below grade can be ~ examined by a license arborist. If two additional stalls are needed to preserve the tree, the two parking areas proposed would contain 33 spaces for the garden center's use, and would be one space short 6f meeting the minimal requirement of 34 spaces for parking stalls for the use. A Condition has been included in the Conditions of Approval in Attachment 3 requiring that a licensed arborist be retained to monitor the site preparation in the vicinity of the tree and determine the appropriate measures to be taken to ensure damage to the tree is minimized. If an additional two parking stalls are needed to preserve the tree, the Applicant will be required to develop an additional space in the KinderCare parking lot or another adjacent parking area. The resolution of this issue will be completed prior to building permit issuance Site Development Review Design The "General Development Criteria" of the San Ramon Road Specific Plan addresses the compatibility of uses and requires that special attention be placed on insuring compatibility of uses proposed in any new development with existing residential or other commercial development located within or adjacent to the Specific Plan area. The following factors are taken into consideration for determining compatibility of uses: height of proposed structures, design, landscaping, setbacks, street side design treatment, distance between buildings, loading areas, walls and fences and pedestrian/bicycle and service circulation. The main architectural theme of the building to be constructed for the garden center is reflective of the agricultural era in California and that of Dublin. The building is a single-story structure that is 31 feet 5 inches high at the top of the cupola (see Elevations in Project Plans, Attachment 3, Exhibit A) and resembles a barn in detail with a 3-foot high weathervane. The 11 foot high trellis, in front of the building and most visible from the intersection of Amador Valley Boulevard and San Ramon Road, will be constructed of wood and painted a wood tone. The proposed retail building will incorporate a soft neutral gray color with a dark green roof and accents. Additional white accents will be on the door and window trim, and also on the building walls. The color of the wrought iron fence will match the dark green roof and accent color. The proposed architectural style and colors are compatible with and compliment the architectural styles of the surrounding commercial development such as McNamara's, the storage facility and the retail use to the north which also have wood siding and are painted a soft gray color. The architectural style would also complement the design of the Stroud's Plaza, the Kildara residential community, and the KinderCare facility to the south and west of the project site, which have stucco/plaster siding and terra cotta tile roofs. Landscaping and Corner Accent Feature The proposed landscaping for the garden center site complies with and exceeds the requirements of the City's Zoning Ordinance. A newly landscaped area approximately eight feet wide containing trees and shrubs will be installed between the parking lot and the parking lot for KinderCare. The entrance to the parking lot will be landscaped and the preservation of the oak tree in the parking lot will enhance the aesthetic appearance of the project and provide the necessary shade relief for people and automobiles, thereby reducing the heat and glare generated by the development. There are seven mature trees currently located on the site. Four of the trees will remain as part of the landscaping for the new deve)opment. However, a mature eucalyptus tree and a small unhealthy oak tree 6ob~9 (~measuring less than 24" in diameter) will require removal when the project is constructed (See Planting Plan, Attachment 3, Exhibit A, Sheet L2). Along the Amador Valley Boulevard frontage, the Applicant proposes to install a six-foot deep landscaped area in front of the wrought iron fencing containing trees and shrubs, and a gravel plant bed behind the fence for plants. The Applicant has agreed to assume the maintenance responsibility for the landscaping in front of the project site along San Ramon Road and install a comer accent feature at the intersection of Amador Valley Boulevard and San Ramon Road. The corner accent feature design is shown in Exhibit A of Attachment 3, and will consist ora lighted fountain element surrounded by pavers with a bench. Specialty landscaping will be located behind a short wall in back of the bench and contain a variety of trees and shrubs. Additionally, shrubs will be planted in front of the fence surrounding the outdoor display area of the center and the existing landscaping will be enhanced with shrubs and vegetation. The Applicant will install the trees fronting on the two roadways in compliance with the Public Works Department standards, submit a Final Landscape and Irrigation Plan with their building plans, and include landscaping information for all proposed landscaping and documentation for compliance with the City's Water Efficient Landscaping Ordinance. Additionally, installation of an approved streetlight and fire hydrant will be required with the project. On-and Off-Site Circulation AcCording to the Public Works Department and the traffic study conducted by Omni-Means dated June 30, 2002 for the project, the on and off-site circulation patterns anticipated with the project development and operation are adequate, and no significant traffic impacts will result from the volume of traffic generated by the project. The Applicant will be responsible for widening Amador Valley Boulevard to four lanes at the intersection with San Ramon Road. This will facilitate traffic movement on and off San Ramon Road and the project site, thereby mitigating any potential traffic congestion that may result from the project. The applicant will be required to follow City, County and State design standards regarding roadway and access design. The applicant will also be required to comply with City and Fire Department standards regarding access for emergency services. In general, when roadways are improved to public street standards as required for Amador Valley Boulevard with this project, parking would be permitted along the roadway. However, a resident of the Kildara residential development west of the project site' has expressed concerns about visibility along Amador Valley Boulevard if parking is permitted, and potential conflicts between vehicles traveling on the roadway and those turning left from the site accessway on to Amador Valley Boulevard. Because of this concern, the Public Works Division has determined that the "No Parking" signs on Amador Valley Boulevard should remain, and if there is a need for more parking for businesses in the area in the future, the removal of the signs would be evaluated. The installation of a stop sign was also evaluated for the cars exiting the garden center parking .area to prevent accidents at that location. However, the traffic study did not recommend a stop sign as the volume of traffic generated by the project and the surrounding commercial uses did not warrant a stop sign at that location. This project is consistent with adopted policies supporting alternative transportation. A public pedestrian/bike trail is located east of the project site, between the site and street curb along San Ramon Road. Bicycle and pedestrian, including handicapped access is adequate to the site and a five-foot wide sidewalk has been provided along Amador Valley Boulevard connecting to a walkway to the main entry of the garden center. A bike rack is required as a standard condition of approval (see Conditions in Resolution in Attachment 2). 74 7 At the Planning Commission hearing, it was discussed that the Applicant might consider providing an additional pedestrian accessway from the frontage on San Ramon Road into the garden center facility (see Attachment 9). The Applicant's engineer has analyzed this additional accessway since the Commission hearing, and has determined that the grade of the slope in the front landscaped area would be too steep to provide a safe pedestrian accessway through this area into the facility. Calaveras Fault The project site is located within the "Special Study Zone" at the south-central extent of the San Ramon Valley. A trace of the Calaveras Fault, an active fault, was mapped at the project site and the main trace of the Calaveras Fault may lie beneath San Ramon Road. The Guiding Policy of the Seismic Safety Element of the Dublin General Plan indicates that geologic hazards must be mitigated or development is to be located away from geologic hazards in order to preserve life, protect property, and reasonably limit the financial risks to the City of Dublin and other public agencies that would result from damage to poorly located public facilities. All structures are to be designed to the standards delineated in the Uniform Building Code and the Dublin Grading Ordinance. Generally, facilities should not be built astride potential rupture zones, although certain low-risk facilities may be considered. A Geotechnical Investigation and Report was prepared by the consulting firm of Tong & Chang Consultants, Inc. for a previously approved project, the Rite Aid drugstore, on the site in 1998. The Applicant has incorporated the recommendations of the report in the design of the project and site plan, and has located the retail building 138 feet from San Ramon Road.and approximately 40 feet from the fault zone. The outdoor display area and wood trellis are located within the portion of the site which would be most severely impacted by ground shaking or rupture should there be an earthquake along the fault trace. As the geotechnical investigation and report were prepared four years ago, the Applicant will be required to retain a licensed Geotechnical Engineer to prepare a Final Geotechnical & Soils Investigation for the site prior to issuance of any building permits for the project. The report must verify that the appropriate building and accessory structure setbacks from the existing earthquake fault that traverses the site are incorporated into the project design. The design of the underground utilities, grading, paving, retaining walls, and foundations shall be based on recommendations outlined in said Report. The Applicant will also be required to conduct subsurface soil condition testing and to design the proposed structures according to the Uniform Building Code, and to have a structural engineer check seismic design parameters. The Geotechnical Engineer for the Applicant must certify that the design and structural setbacks conform to the recommendations before the City issues a Grading/Site Development Permit (see Conditions in Resolution, Attachment 2). Signage As part of the project submittal, the Applicant has applied for Sign/Site Development Review for the two wall signs proposed to be attached to the building. Sign/Site Development Review is required for the proposed signage as the Sign Regulations of the Zoning Ordinance '(Chapter 8.84) permit a maximum sign height of 2 feet 6 inches, and a maximum length of 24 feet. However, with Sign/Site Development Review, the height and length of the signage may be increased. The Applicant is proposing to construct a sign with two lines of lettering or sign copy which is 4 feet 6 inches in height and approximately 19 feet in length for the wall of the building fronting on San Ramon Road (see Exhibit B, Attachment 3). The height of the sign exceeds the maximum allowed under the Sign Regulations. However, because the building is setback approximately 138 feet from the street, the increased sign copy size is appropriate. The colors used for the signage would reflect the dark green accent color used on the building and also a deep shade of red, that compliments the gray used on the building wall. ~ wall sign is also proposed for the south side of the building fronting on Amador Valley Boulevard. This sign would consist of the same style of sign copy and lettering as the sign facing San Ramon Road, but the words "Armstrong Garden Centers" would form one continuous line of lettering (rather than split between two lines), that would be approximately 35 feet in length. The length of the sign is appropriate as the south side of the building is setback approximately 80 feet from Amador Valley Boulevard at the midpoint of the building wall. The overall square footage of each sign would be approximately 95 square feet. The Sign Regulations allow up to 1.5 square feet of wall sign area for each lineal foot of tenant space frontage with Site Development Review. Using this calculation, 200 square feet of sign area would be permitted for the east wall of the building and 175 square feet would be permitted for the south wall of the building. Therefore, the sign copy area for each sign would be within the perimeters of that allowed under the ordinance with. Sign/Site Development Review. The color and design of~he signage will complement the building and repeat the accent colors used on the roof and building faqade. Through the Sign/Site Development Review procedure, the resulting signage for the building will be of a higher design quality than would otherwise result under the City's standard sign regulations. As discussed in previous sections, directional signage would also be included in the project to assist customers in locating the Sleep Shop store and McNamara's restaurant. ENVIRONMENTAL REVIEW 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 the is Categorically Exempt from the provisions of CEQA, the State CEQA Guidelines and the City of Dublin Environmental Guidelines, under Section 15061(b)(3) and Section 15332, Class 32, 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 for a retail commercial development (hardware store). A Negative Declaration has not been prepared because the project is exempt and has no potential to create a significant effect on the environment. CONCLUSION Ail potential impacts associated with the project have been, or will be addressed, either through the design of the project, and/or through conditions of project approval. The project, as conditioned, including the Planned Development Rezoning and Development Plan, complies with the City's General Plan, Zoning Ordinance, and the San Ramon Road Specific Plan and is compatible with other land uses (i.e. retail commercial and multi-family residential), transportation and service facilities, and commercial and residential structures in the vicinity. RECOMMENDATION Staff recommends that the City Council: 1) open public hearing and hear Staff presentation; 2) Take testimony from the Applicant and the Public; 3) Close Public Hearing and deliberate; 4) Adopt Resolution adopting the San Ramon Road Specific Plan Amendment (Attachment 1); 5) Waive the Reading and introduce Ordinance (Attachment 2) approving a Planned Development (PD) Rezoning and Development Plan; 6) Adopt Resolution approving the Conditional Use Permit, Site Development Review and Sign/Site Development Review (Attachment 3). g:PA/02-009/CC-sr 90/9 RESOLUTION NO. -02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ADOPTING PA 02-009 ARMSTRONG GARDEN CENTER SPECIFIC PLAN AMENDMENT TO AREA 3 (SAN RAMON PROPERTIES) OF THE SAN RAMON ROAD SPECIFIC PLAN 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 Road Specific Plan to modify Area 3 of the Specific Plan to allow a garden store/center as a conditional use and to amend the Circulation System Section of the Specific Plan for Area 3 to reflect the new location of the drive aisle accessway for consistency with the proposed project plans; and WHEREAS, the Applicant is also requesting approval of a Planned Development (PD) District Rezoning, Conditional Use Permit, Site Development Review, and Sign/Site Development Review to construct an approximately 30,810 square foot retail garden store/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, the City adopted the San Ramon Road 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 City Council approved Resolution No. 14-02 authorizing initiation of the Armstrong Garden Center Specific Plan Amendment Study fgr the San Ramon Road Specific Plan on February 5, 2002; and WHEREAS, the San Ramon 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, Area 3 of the San Ramon Road Specific Plan allows for the development of retail shopper stores oriented to providing additional comparison shopping goods for both Dublin and nearby residents; and WHEREAS, it is the intent that the principal uses within Area 3 be reserved for retail shopper stores; and WHEREAS, Area 3 regulations prohibit garden stores or centers; and WHEREAS, the intent of prohibiting garden stores was to prohibit certain retail store and personal service type uses based on an insufficient amount of residential development to support more uses of this nature within the downtown area; and ATTACHMENT 1 WHEREAS, since the adoption of the San Ramon Road Specific Plan in 1983, the City has approved additional residential development throughout the City, including the multi-family residential project just west of the project site, which would now suppOrt a retail garden store/center type use; and WHEREAS, the City's Zoning Ordinance allows plant nurseries or garden stores within commercial centers as a conditional use requiring a Conditional Use Permit within the C-1 and C-2 Zoning Districts; and WHEREAS, the retail garden center would not result in land use conflicts with the San Ramon Road Specific Plan, the City's Zoning Ordinance or General Plan because a Conditional Use Permit provides for the review of a development proposal by the City Council and the application of conditions of approval to insure that the intent of the Zoning Ordinance is met; and WHEREAS, the proposed retail garden center use will be compatible with the existing and future development in the surrounding area. The proposed garden center use will provide a commercial service and retail use consistent with the adjacent shopper goods uses and will offer goods and services which typically benefit and support residential uses; 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 the is Categorically Exempt from the provisions of CEQA, the State CEQA Guidelines and the City of Dublin Environmental Guidelines, under Section 15061(b)(3) and Section 15332, Class 32, 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 Planning Commission did hold a public hearing on the Planned Development District Rezoning and Development Plan on August 13, 2002 and did adopt Resolution Nos. 02-28; 02- 29; and, 02-30, recommending that the City Council adopt the Specific Plan Amendment, Planned Development Rezoning, Conditional Use Permit/Site Development Review, and Sign/Site Development Review, respectively, with modifications to the Project Plans as shown in Exhibit A of Resolution 02-29; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a properly noticed public hearing was held by the City Council on September 3, 2002; and WHEREAS, a Staff Report was submitted to the City Council recommending that the City Council approve the project and adopt this resolution; and WHEREAS, the City Council did hear and use their independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT the Dublin City Council does hereby adopt an Amendment to the San Ramon Road Specific Plan to allow a garden center/store as a conditional use within Area 3, and amend the Circulation System Section of the Specific Plan for Area 3 to reflect the 2 new location of the shared drive aisle accessway for consistency with the proposed project plans. This Amendment is subject to the folloWing: AMENDING AREA 3 LAND USE PLAN AS FOLLOWS: 1. Adding to Conditional Uses g. Garden Centers/Stores 2. Modifying the list of Pr°hibited Uses to delete garden stores as follows: All other retail stores and personal services not mentioned above including new and used vehicle sales and/or vehicle repair and service, service stations, banks, dry cleaners, medical services,~,~.~..~°'-'~*' ~.~.~, ~+ .... auto parts stores, and other similar stores and services. AMENDING AREA 3 CIRCULATION SYSTEM SECTION AS FOLLOWS: - Development of two a "shared driveways" on the north side of the Amador Valley Boulevard extension respectively located ! 20+ feet ~d approximately 430 250+ feet west of San Ramon Road. PASSED, APPROVED AND ADOPTED this 3rd day of September, 2002. AYE S: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk g:\02-009\SPA Reso - CC ORDINANCE NO. -02 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING THE ZONING ORDINANCE TO ADOPT THE PLANNED DEVELOPMENT (PD) REZONING / DEVELOPMENT PLAN FOR PA 02-009 ARMSTRONG GARDEN CENTER, LOCATED AT 7360 SAN RAMON ROAD (APNs 941-0040-003-02 & 941-0040-002-03) 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 Road Specific Plan, Planned Development 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-1, Retail Commercial Zoning District; and WHEREAS, according to the "General Development Criteria" section of the San Ramon Road Specific Plan, all new development proposals within the Specific Plan area shall require a Planned Development Zoning; and WHEREAS, Applicant/Developer has submitted a complete application for a Planned Development District Rezoning, including a Development Plan (Stage 1 and 2), as required by Section 8.32 of the Zoning Ordinance which meets the requirements of said section, which is available and on file in the Planning Department; 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 15061(b)(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 Planning Commission did hold a public hearing on the Planned Development ) District Rez°ning and Development Plan on August 13, 2002 and did adopt Resolution Nos. 02-28; 02- 29; and, 02-30, recommending that the City Council adopt the Specific Plan Amendment; Planned Development Rezoning and Conditional Use Permit/Site Development Review, respectively, with modifications to the Project Plans as shown in Exhibit A of Resolution 02-29; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a properly noticed public hearing was held by the City Council on September 3, 2002; and WHEREAS, a Staff Report was submitted to the City Council recommending that the City Council approve the project and adopt this Ordinance and the related resolutions; and ATTACHMENT 2 WHEREAS, the City Council did hear and use their independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. WHEREAS, pursuant to Sections 8.32.070 and 8.120.050 of the Dublin Municipal Code, the Dublin City Council does hereby make the following findings and determinations regarding said proposed PD, Planned Development Rezoning and Stage 1 and 2 Development Plan: 1. The Planned Development Zoning District and Development Plan (Stage 1 and 2) meet the purpose and intent of Chapter 8.32 of the Zoning Ordinance because they will provide retail commercial and day care uses that are appropriate uses for the site, which is located within Area 3 of the San Ramon Road Specific Plan which promotes the development of retail shopper stores, and which is located near adjacent retail and medium to high density residential land uses. The comprehensive Development Plan will be sensitive to surrounding uses by virtue of site layout and design of the architecture and site plan; and 2. Development under the Planned Development Zoning District and Development Plan (Stage 1 and 2) would be harmonious and compatible with existing and furore development in the surrounding areas due to site design/layout, architecture design, setback, parking and landscaping requirements of the Planned Development Zoning District, which are adequate and have been specially designed to fit into the existing neighborhood. Both uses are supportive of surrounding retail and residential uses through the provision of day care and education serVices for adjacent residents and children of workers in the surrounding commercial areas, and supportive of similar surrounding retail commercial uses; and 3. The Planned Development Rezoning is consistent with the general provisions, intent, and purpose of the Planned Development Zoning District of the Zoning Ordinance in that it contains all information required by Section 8.32 of the Zoning Ordinance for a Stage 1 and Stage 2 Development Plan and accomplishes the objectives of Section 8.32.010, A through H, of the Zoning Ordinance; and 4. The subject site is physically suitable for the type and intensity of the zoning district being proposed because it is located on relatively flat land within a developed downtown area adjacent to existing retail commercial uses and medium to high density residential uses, was previously developed, and because it is located adjacent to roadways which are designed to carry traffic that would be generated by the proposed types of uses; and 5. The Planned Development Rezoning will not have a substantial adverse effect on health or safety or be substantially detrimental to the public welfare or be injurious to property or public improvement as all applicable laws and regulations will be satisfied; and 6. The Planned Development Rezoning will not overburden public services as all agencies must commit to the availability of public serVices prior to the issuance of building permits as required by City laws and regulations; and 7. The Planned Development Rezoning and accompanying Conditional Use Permit and Site Development Review, with proposed improvements, will create an attractive, efficient, and safe environment; and 8. The Planned Development Rezoning will benefit the public necessity, convenience, and general welfare; and 9. The Planned Development Rezoning and accompanying Site Development Review and Conditional Use Permit will be compatible with and enhance the general development of the area; and 10. The proposed amendment is consistent with the Retail/Office designation' of the Dublin General Plan, and the proposed use type is permitted by said designation. NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows: SECTION 1. Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code, the City of Dublin Zoning Map is amended to rezone the following property ("Property") to a Planned Development Zoning District: Approximately 1.162 acres at 7360 San Ramon Road (APNs 941-0040-002-03 and 941- 0040-003-02) located at the northwest comer of San Ramon Road and Amador Valley Boulevard. A map of the Property is outlined below: 3 SECTION 2. The regulations of the use, development, improvement, and maintenance of the Property are set forth in the Stage 1 and Stage 2 Development Plan (Exhibit A hereto) which is hereby approved. Any amendments to the Development Plan shall be in accordance with Section 8.32.080 of the Dublin Municipal Code or its successors. SECTION 3. Except as provided by the Development Plan, the use, development, improvement and maintenance of the Property shall be governed by the provisions of the Dublin Zoning Ordinance. SECTION 4. This ordinance shall become effective and be enforced thirty (30) days following its adoption. Before the expiration of fifteen (15) days after its passage, it shall be published once, with the names of the Councilmembers voting for and against the same, in a local newspaper published in Alameda County and available in the City of Dublin. SECTION 5. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this 3rd day of September 2002 by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk g:\pa02-009\PD Ordinance - CC 4 DEVELOPMENT PLAN This is a Development Plan pursuant to Chapter 8.32 of the Dublin Zoning Ordinance for PA 02-009 Armstrong Garden Center project, loCated on the northwest corner of Amador Valley Boulevard and San Ramon Road, at 7360 San Ramon ROad (APNs 941-40-3-2 & 941-40-2-3). This Development Plan meets all the requirements for Stage 1 and Stage 2 review of the project. This Development Plan includes the Project General Information, Site Plan, Utility Plan, Irrigation and Planting Plans, Floor Plan and Exterior Elevations, Roof Plan, Clerestory Plan, and other related plans, Sheets A1 through A8 and L1 and L2, dated received July 1 and August 3, 2002, and labeled Exhibit A of the associated Conditional Use Permit, Site Development Review, and Sign/Site Development Review, and on file with the Planning Department. The Planned Development District allows the flexibility needed to encourage innovative development while ensuring that the goals, policies, and action programs of the General Plan, San Ramon Road Specific Plan, and provisions of Section 8.32 of the Zoning Ordinance are satisfied. 1. Permitted and Conditional Uses: Permitted Uses As provided for in the San Ramon Road Specific Plan Conditional Uses Garden Center/Store All other Permitted and Conditional Uses as established by the San Ramon Road Specific Plan. 2. Site Area/Densities: The maximum square footage of the proposed garden center development for the parcels covered under this Development Plan (and as shown on the Site Plan contained in Exhibit A, to the associated Conditional Use Permit, Site Development Review, and Sign/Site Development Review), are as follows: Site Area: + 1.16 acres 6,400 square foot building 24,410 square foot outdoor storage/display area 3. Dublin Zoning Ordinance - Applicable Requirements: Except as specifically modified by the provisions of this PD District Rezoning and Stage 1 and 2 Development Plan, the use, development, improvement and maintenance of property within this PD Zoning District shall be subject to the provisions of the C, 1, Retail Commercial Zoning District of the City of Dublin Zoning Ordinance with regard to permitted/conditional uses, land use restrictions and minimum/maximum development criteria. 1 ATTACHMENT 2 EXHIBIT A 4. Site Plan and ArchitectUre: See Accent Area, Site Plan, Floor and Exterior Elevation plans, Sheets Al-l, A2, A3, A4, and A5 contained in Project Plans, Exhibit A of the associated Conditional Use Permit, Site Development Review, and. Sign/Site Development Review. Any modifications to the project shall be substantially consistent with these plans and of equal or superior materials and design quality. 5. Phasing Plan: The project shall be constructed in one phase of development. If the Developer/Applicant decides to construct the project in phases, a phasing plan shall be submitted for the review and approval of the Community Development Director. 6. Landscaping Plan: Refer to attached Planting and Irrigation Plans inclUded in the Project Plans, · Exhibit A of the associated Conditional Use Permit, Site Development Review and Sign/Site Development Review, Sheets L 1 and L2. 7. Development Standards: Lot Size: 6,000 sq. ft. minimum Lot Width and Frontage: 60 feet minimum Lot Depth: 100 feet minimum Front, Rear and Side Yard Setbacks: See the C-l, Retail Commercial Zoning District setback regulations, Chapter 8.36.030 of the Zoning Ordinance. Buildin~ Height: 45 feet maximum 35 feet maximum if principal structure is within 50 feet of an R zoning district Parking: Parking shall be generally provided as shown on the Site Plan in Project Plans, Exhibit A of the associated Conditional Use Permit, Site Development Review and Sign/Site Development Review, Sheet A2, as modified and approved through the related Conditional Use Permit and Site Development Review for PA 02-009. All drive aisles and fire lanes shall be kept clear at all times. 8. Compliance with Related Planning Approvals: The Applicant/Developer shall comply with all the related Conditional Use Permit, Site Development Review and Sign/Site Development Review conditions of approval for PA 02-009. G:\pa02-009~Development Plan 2 ATTACHMENT 2 EXHIBIT A jD lid A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING PA 02-009 ARMSTRONG GARDEN CENTER FOR A CONDITIONAL USE PERMIT, SITE DEVELOPMENT REVIEW AND SIGN/SITE DEVELOPMENT REVIEW REQUEST TO CONSTRUCT A +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 Road Specific Plan, Planned Development 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-I, 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, trader Section 15061 (b)(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 Road 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 City Council 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, WHEREAS, the Planning Commission did hold a public hearing on the Conditional Use Permit/Site ATTACHMENT 3 Development Review and the Sign/Site Development Review on August 13, 2002 and did adopt wesolution Nos. 02-28; 02-29; and, 02-30, recommending that the City Council adopt the Specific Plan Amendment and Planned Development Rezoning, and approve the Conditional Use Permit/Site Development Review and the Sign/Site Development Review, respectively, with modifications to the Project Plans as shown in Exhibit A; 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; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a properly noticed public hearing was held by the City Council on September 3, 2002; and WHEREAS, a Staff Report was submitted to the City Council recommending that the City Council approve the project and adopt this resolution; and WHEREAS, the City Council did hear and use their independent judgment and considered all said reports, recommendations, and testimony.hereinabove set forth; and, WHEREAS, the City Council has found that the propOsed project is appropriate for the subject site. NOW, THEREFORE, BE IT RESOLVED THAT THE City Council of the City of Dublin does hereby find that: A. 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. B. 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. C. 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 usage and storage, pesticide and herbicide usage, off-site traffic circulation, street improvements, and on and off-site drainage improvements. D. 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. E. 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 developed and improved within an urbanized area and located adjacent to existing retail commercial uses and medium density residential uses. 2 F. The Armstrong 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. G. 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. H. The Armstrong Garden Center project is consistent with the intent and purpose of Chapter 8.104 Site Development Review of the Zoning Ordinance. I. The approval of this application, as conditioned, is in the best interest of the public health, safety and general welfare. J. 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. K. 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. L. 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. M. The proposed signage for the project is compatible with the design of the garden center, surrounding uses, and other design elements in the project. N. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, the proposed comer 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 City Council hereby approves PA 02-009, the Armstrong Garden Center Planned Development Rezoning, Conditional Use Permit, Site Development Review, and Sign/Site Development Review, a 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 Road Specific Plan, as generally depicted by the Project 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 August 23, 2002. The Conditional Use Permit, Site Development Review and Sign/Site Development Review are subject to the approval of the related San Ramon Road Specific Plan Amendment and the effective date of the Planned Development Rezoning, and compliance with the following conditions: CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use, and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies 'responsible for monitoring compliance of the conditions of approval: [PL] Planning, lB[ Building, [PO] Police, [PW] Public Works [ADM] Administration/City Attorney, [FIN[ Finance, [FI 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], California Department of Health Services. [Note: Stri.~e v'~'tx are deletions from text and underlines are additions to text. ] NO CO~iTiON TEXT RESPON.' · WHEN HOW IS AGENCY/ REQ.? CONDITIOI~ . DEPART. SATISFIED? 1. Permit Validi .ty and Expiration. This permit is considered valid PL Ongoing on the effective date of the Planned Development Rezoning. Construction or use shall commence within 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. Minor Modification of Plans and Amendments. Minor PL Ongoing modifications in the project plans as shown in Exhibit A, and minor amendments to this permit, are subject to review and approval by the Communi .ty Development Director or designated agent. 4. 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. 5. 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 surrounding businesses and residences. 6. 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. 7. 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. 4 NO CONDITION' ~XT RESPON. WHEN OW IS · AGENCY/ REQ.? CONDITION DEPART~ SATISFIED? 8. 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. 9. Standard Public Works Conditions of Approval. PW Approval of Applicant/Developer shall comply with all applicable City of Improvement Dublin Standard Public Works Conditions of Approval, Attachment Plans through A. In the event of a conflict between the Standard Public Works completion Conditions of Approval and these Conditions, these conditions shall prevail. 10 Required Permits. Applicant/Developer shall obtain all necessary PW Various permits required by other agencies (e.g., Alameda County Flood times, but no Control District Zone 7, Alameda County Health Agency (if later than necessary), State Water Quality Control Board, etc.) and shall issuance of submit copies of the permits to the Department of Public Works. Building Permits 11 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. 12 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. 13 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. 14 Traffic Control. Two-way traffic is to be maintained along PW Prior to Amador Valley Boulevard and Amador Valley Boulevard during all Issuance of phases of construction. Applicant/Developer shall submit a traffic Grading/Site control plan showing detouring and temporary striping for all work Permits interim or phased improvements in the public street right of way for review and approval by the Director of Public Works. 15 ~o :eO~]T~O~TE×~ i~ RESPO~. . AG~NC¥~ ]iEq,? CO~D~ON DEPART: SATISE!ED? 15 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 Building Department for plan check. Each set of plans shall have Permits 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. 16 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. 17 Delivery Trucks. Truck deliveries for the garden center shall be PL Ongoing prohibited between the hours of 9:00 p.m. and 7:00 a.m. 18 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 satisfaction of the Community Development Director and Public Permits Works Director. 19 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 compatible with the building, as approved by the Community Permits Development Director. 6 NO CO~ITION TEXT .... ...... RESPON. WHEN H(JW IS AGENCY/ REQ.? CONDITION , , · DEPART. SATISFIED? 20 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 right-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. 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. All 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. 21 State Title 24 Requirements - Sidewalk/Handicap Ramps. The PW Prior to Applicant/Developer shall construct a sidewalk access from issuance of Amador Valley Boulevard/San Ramon Road to the to the primary Building entry to the garden center, as shown on Exhibit A, Sheet A2, in Permits and order to comply with the current State Title 24 requirements. All Completion of handicap ramps and accessible walkways shall comply with all Improvements current State Title 24 requirements and City of Dublin Standards. 22 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. 23 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 Boulevard as a result of construction activities to the Occupancy satisfaction of the Director of Public Works. permit ' CO~iTiO'N TEXT : RESPON. WHEN HSW IS AOENC¥/ REqi? c0 DmON I DEPART! SATISFIED? 24 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. 25 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 Permits preserved, and no improvements shall be installed that may adversely affect the health of the tree. The Applicant shall consult with a licensed Arborist to determine necessary setbacks or other mitigations, such as hand-trimming of roots and installation of pervious coverage around the base of the tree, 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 to parking stalls. 26 Design. The design of the development pursuant to this Site PL Prior to Development Review shall generally conform to the revised project issuance of Exterior Elevations and Trellis Plan and Details as shown in Exhibit Building A, Sheets A3 and A4, submitted by TJS Architects dated received Permits T,,~,, a -mn~ August 23, 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. 27 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 8 NO CO~iTION TEXT RESPON, WHEN HOWIS AGENCY/ REQ,? CONDITION , OEPARTi SATISFIED? 28 Dedication and Improvement of Amador Valley Boulevard. 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 Boulevard, (from San Ramon Road to the easterly end of the work Permit neighboring Kindercare driveway) for public street purposes. Said widening area shall measure 10' along the north side of Amador Valley Boulevard 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. 29 Right-of-way Improvements. Along the Amador Valley Boulevard PW Prior to frontage of the site, the Developer/Applicant shall widen the north issuance of side of the Amador Valley Boulevard to create a curb-to-curb width Grading/Site at the 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 KinderCare site and to the existing curb ramp at the northwest corner of San Ramon Road and Amador Valley Boulevard. The Developer/Applicant shall be responsible for the design and construction of all improvements associated with the widening of Amador Valley Boulevard. Said improvements shall include, but not be limited to, 10' of pavement section, curb & gutter, 5'-wide sidewalk, storm drain, utilities, streetlights, pavement markings and signs, and landscaping, all as determined by the Director of Public Works. 30 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 California. 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. NO CONDiTiON'TEXT ..... i RESPON. WHEN· ~W IS AGENCY/ REQ.? CONDITION DEPART. SATISFIED? 31 Streetlights. Applicant/Developer shall install (1) one additional streetlight on the north side of Amador Valley Boulevard located midway between the existing street light at the KinderCare frontage and the light at the San Ramon Road intersection. Said streetlight shall be a City Standard cobra head luminaire with galvanized steel or aluminum pole as required by the Director of Public Works. An unmetered 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. 32 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 Jul)' Permits ~ '~nn'~ August 23, 2002, and stamped approved and on file with the Planning Department. 33 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 the Site Plan and other preliminary plans in Exhibit A and include, Permits 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 printed on Mylar.' 34 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 DPW. work Permit 35 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. 10 NO i CO~iTION TEXT:' '"" RESPON! WHEN Ho'wIs AGENCY/ REQ!? CONDITION DEPART~ SATISEIED? 36 Public Service Easement Dedications. In accordance with the City PW Prior to of Dublin General Plan §$. 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 Boulevard. This easement area may be landscaped, Permits but 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. 37 Emergency Vehicle Access Easement Dedications. PW, F Prior to Applican~t/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. 38 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 across the primary vehicle drive aisle to allow joint use of the aisle Permits for the neighboring parcels, APN 941-40-2-17 (Sleep Shop Ltd.) and APN 941-40-2-16 (McNamara's Restaurant). 39 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 an 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. 11 40 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 the 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. 41 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. 42 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 Boulevard shall remain, although a re-evaluation 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 Boulevard 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 Boulevard. The existing W53 "Not a Through Street" sign shall be relocated to the back of the new sidewalk for westbound Amador Valley Boulevard. 43 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. 44 Traffic Control. Two-way vehicle and pedestrian traffic is to be PW On-going maintained along Amador Valley Boulevard and San Ramon Road during during all phases o£ construction. Applicant/Developer shall submit construction 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 approval by the Director of Public Works. 45 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. 12 46 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. 47 Final Geotechnical & 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 Geotechnical & 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 Grading/Site Development Permit. 48 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 within the project and construct them underground. Permit/ Improvement Plans 49 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 conduits 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. 13 50 Streetlights. Applicant/Developer shall install streetlights on 'l PW Prior to Amador Valley Boulevard and San Ramon Road that are the City issuance of Standard cobra head luminaries with galvanized poles as required Grading by 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. 51 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 52 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. 53 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 Development. Exterior lighting shall be provided within the Permits 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. 54 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 55 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 program for the business. 56 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 glass should be used. 57 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 14 58 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 commenceme nt 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 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 be stored within the storage area. h. Address. Approved numbers shall be placed on the new building. The address for the facility building shall be clearly visible from the street and the address must also be placed on the rear doors of any building. j. Hazardous 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 Department, 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/HMPP) and local building approvals, may be required. ¸15 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 Hydrant. 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 approval. 59 Prior to issuance of any building permit, complete improvement DSR Prior to plans shall be submitted to DSRSD that conform to the issuance of requirements of the DSRSD Code; Standard Procedures, Building Specifications and Drawings for Design and Installation of Water Permits and Wastewater Facilities; and all applicable DSRSD Master Plans and policies. 60 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 61 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. 62 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 63 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 64 Prior to issuance by the City of any Building Permit, all utility DSR Prior to connection fees, plan checking fees, inspection fees, permit 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. 16 65 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 maintenance 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. 66 No sewer line or water line construction shall be permitted unless DSR Ongoing the proper utility construction permit has been issued by DSRSD. 67 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. 68 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 master planning. Permits 69 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 materials during the construction period. The Developer shall be responsible for corrective measures at no expense to the City of Dublin. 70 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 71 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 L- 1 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. 17 72 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 Boulevard shall be landscaped, paved and include Building the features (i.e., fountain, seatwall, bench, etc.) as generally shown Permits on Sheet A l - l of Exhibit A. The comer landscaping and features shall be subject to the review and approval of the Community Development Director, compatible with other features in the downtown area, 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. 73 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 planting plan for screening purposes. Permits 74 Standard Plant Material, Irrigation and Maintenance PW Prior to Agreement. The Applicant/Developer shall complete and submit to issuance of the Dublin Planning Department the standard Plant Material, Building Irrigation and Maintenance Agreement. Permits 75 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 than 30 inches above the curb in these areas. Permits 76 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. Al! 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. 77 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 replacement of trees, shall require prior review and written approval Permits from the Community Development Director. 78 Transfer of Landscape Maintenance Obligation. The PL, PW Ongoing maintenance obligation for the landscaping improvements within the 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 pay all subsequent water usage costs. 18 79 Water Efficient Landscaping Ordinance. The PL, PW Completion ot~' 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 developmeht conforms to the City's Water Efficient Landscaping Ordinance. 80 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. 81 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, Building a concrete or masonry block retaining wall or other suitable solution Permits for acceptable to the Director of Public Works shall be required and signage 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. 82 Building $ignage. 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 Boulevard) of the building as shown on the Exterior Elevations in Building Exhibit A, Sheet A3, and be integrated with the architecture of the Permits 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 signage prior to installation. 83 Directional Signage. The Applicant/Developer shall install P__L_L Prior to · directional signage within the proiect area to direct customers to the occupancy adiacent Sleep Shop, Ltd. and McNamara's businesses. PASSED, APPROVED AND ADOPTED this 3rd day of September, 2002. 19 NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:\PA\pa 02-009\CUP SDR CC- reso.doc 20 CITY OF DUBLIN STANDARD PUBLIC WORKS CONDITIONS OF APPROVAL Attachment to Resolution (Attachment 2) Applicant/Developer and its representatives (engineer, contractor, etc,) must meet and follow all the City of Dublin's requirements and policies, including the Urban Runoff Program and Water Efficient Landscaped Ordinance. GENERAL: 1. Applicant/Developer shall comply with the Subdivision Map Act, the City of Dublin Subdivision Ordinance, the City of Dublin..,Pubtic~rC/orks Policies, the City of Dublin Grading Ordinance and the approved Vesting Tentative Map. Applicant/Developer shall obtain copies of and comply with conditions as noted on "City of Dublin General Notes on Improvement Plans" and "City of Dublin Improvement Plan Review Check List". 2. An encroachment permit shall be secured from the Director of Public Works for any work done within the public right-of-way where the work is not covered under the public improvement plans. Applicant/Developer shall obtain Caltrans' approval and permit for any work performed within a Caltrans right-of-way or that impacts their facilities. 3. Applicant/Developer is responsible for the construction site and construction safety at all times. 4. Construction of the project shall be conducted so as to minimize the effect of the construction on the existing community and on the occupants of any new homes as they are completed, as required by the Environmental Impact Report. Applicant/Developer shall submit a Construction Noise Management Program/Construction Impact Reduction Plan for review and approval by the Director of Public Works prior to issuance of grading permit. The following measures shall be taken to reduce construction impacts and shall be included in the Construction Noise Management Program/Construction Impact Reduction Plan: a) Offsite track traffic shall be routed as directly as practical between the freeway (1-580) and the job site, and as approved by the Director of Public Works. b) Applicant/Developer shall obtain an Oversized Load and/or Overweight Load Permit from the City as required by the Director of Public Works prior to hauling of any oversized and/or overweight loads on City streets. c) The construction site shall be watered at regular intervals during all grading activities. The frequency of watering should increase if wind speeds exceed 15 miles per hour. Watering should include all excavated and graded areas and material to be transported offsite. Recycled or other non-potable water resources shall be used where feasible. d) Construction equipment shall not be left idling while not in use. e) All construction equipment shall be fitted with noise muffling devises. f) Erosion control measures shall be implemented during wet weather to assure that sedimentation and erosion do not occur. g) Mud and dust that are carried onto street surfaces by construction vehicles shall be cleaned up on a daily basis. ATTACHMENT TO EXHIBIT A ATTACHMENT 2 h) Excavation haul trucks shall use tarpaulins or other effective covers. i) Upon completion of construction, measures shall be taken to reduce wind erosion. Replanting and repaying should be completed as soon as possible. j) Houses will be constructed in phases so that most of the construction traffic can be routed into the subdivision without traveling in' from of existing homes that are occupied. k) During construction, non-residential facilities shall provide pedestrian access from public streets to building entrances as required by the Director of Public Works. 1) After grading is completed, fugitive dust on exposed soil surfaces shall be controlled using the following methods: 1. All inactive portions of the construction site shall be seeded and watered until grass growth is evident. 2. All portions of the site shall be sufficiently watered to prevent excessive amounts of dust. 3. Onsite vehicle speeds shall be limited to 15 mph. 4. 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 Director of Public Works. 5. The Department of PublicWorks shall handle all dust complaints. The Director of Public Works may require the services of an air quality consultant to advise the City on the severity of the dust problem and additional ways to mitigate impact on residents, including temporarily halting project construction. Dust concerns in adjoining communities as well as the City of Dublin shall be addressed. Control measures shall be related to wind conditions. Air quality monitoring of PM levels shall be provided as required by the Director of Public Works. m) 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. Limiting lane closures and detours to off-peak travel periods. 4..Providing ride-share incentives for contractor and subcontractor personnel.. n) Emissions control of onsite equipment shall be minimized through a romine mandatory program of iow-emissions tune-ups. o) During construction, noise control and construction traffic mitigation measures within residential neighborhoods and on public streets must be taken to reduce noise and use of public streets by construction traffic as directed by Public Works officials. 5. Applicant/Developer shall designate proposed haul routes, and shall repair damage to County roads used as haul routes, or damaged by construction activity. An agreement, shall be made with the County, in the form of a letter, that is satisfactory to the County. A copy of the agreement shall be submitted to the City of Dublin. If determined to be necessary by the County, a permit shall be issued by the County which addresses the repair of any damaged portions of County roads, and/or contribution to future overlay projects. 6. Construction and grading operations shall be limited to weekdays, Monday through Friday, and non-City holidays, between the hours of 7:30 a.m. and 5:00 p.m. The Director of Public Works may approve work on Saturday and hours beyond the above mentioned days and hours with the understanding that the developer is responsible for the additional cost of the Public Works inspectors' overtime. 2 G:\pa01-025/standardconditions 7. Should any prehistoric or historic artifa¢.ts be exposed during excavation and construction operations, the Department of Community Development shall be notified and work shall cease immediately until an archaeologist, who is certified by the Society of California Archaeology (SCA) or the Society of Professional Archaeology (SOPA.), is consulted to evaluate the significance of the find .and suggest appropriate mitigation measures, if deemed necessary, prior to resuming ground-breaking construction activities. Standardized procedures for evaluating accidental finds and discovery of human remains s.ha!l be fol!ow~d as prescribed in Sections 15064.5 and 15126.4 of the California Environmental Quality Act Guidelines. 8. . Applicant/ Developer shall ensure that stationary source emissions associated with project development are minimized and shall meet the following requirements: a) The houses shall be designed to meet or exceed the requirements of Title 24 of the California Code of Regulations (energy efficiency requirements). By meeting or exceeding these requirements, the houses will require less energy to heat and cool, thereby reducing the emissions created in the production of electric power and created by burning natural gas. b) The project will utilize curbside recYcling, which will reduce the amount of solid wastes from the project which would be deposited at a landfill site, thereby minimizing the amount Of nitrous oxide emissions from the landfill. c) During rough grading the construction site will be regularly watered to 'contain dust, and after construction the front yards and street landscaping will be installed, thereby minimizing the amount of air pollution caused by airborne dust from the site. 9. Applicant/Developer shall be responsible for controlling any rodent, mosquito, or other pest problem due to construction activities. The use of rodenticides and herbicides within the project area shall be performed in cooperation with and under the supervision of the Alameda County Department of Agriculture and will be restricted, to the satisfaction of the Director of Community Development, to reduce potential impacts to wildlife. 10. Within sixty (60) days prior to habitat modification, Applicant/Developer shall submit a biological survey of the project site (Preconstruction Survey). The Preconstruction Survey shall be prepared..by a biologist that is approved and hired by the City prior to commencement of work. The survey shall examine whether any sensitive species exist on or adjacent to the site and if they exist, shall include protection plans for the species. Applicant/Developer shall be responsible for the cost of the survey and for City Staff review of the survey. Applicant/Developer shall submit the survey a minimum of twenty-one (21) days prior to the anticipated habitat modification date so that the City will have adequate time for review of the survey. Applicant/Developer shall be responsible for implementing recommendations of the Preconstruction Survey including any modifications to site design to protect sensitive species as a result of the survey. Determination of the significance of the discovery shall be determined by the Director of Community Development. Should any Kit Foxes be discovered on the site either during the Preconstruction Survey or during project construction, Applicant/Developer shall be responsible for complying with the Kit Fox Protection Plan. BONDS, SECURITIES & AGREEMENTS: 11. Developer shall provide Faithful Performance (100% of improvement costs), Labor and Material (50% of improvement costs) securities and a cash monumentation bond to guarantee 3 G:\pa01-025/standardconditions the installation of project improvements, including streets, drainage, monumentation, grading, utilities and landscaping subject to approval by the Director of Public Works prior to approval of the Final or Parcel Map and prior to issuance of any grading and/or improvement permits. 12. The approval of the Vesting Tentative Map shall be predicated upon and pursuant to the terms set forth in the Development Agreement to be approved by the City of Dublin. The Development Agreement shall include an infrastructure sequencing program and shall be recorded. The Vesting Tentative Map shall expire at the standard time of two and one half (2 1/2) years as set forth in the Dublin Municipal Code and in the regulations of Section 66452.6 of the Subdivision Map Act unless the Development Agreement is terminated at an earlier date. In the event of conflict between the terms of the Development Agreement and the Conditions of Approval contained herein, the terms of the Development Agreement shall prevail. 13. Applicant/Developer shall enter into an Improvement Agreement with the City for all project improvements prior to issuance of improvement permits. Complete improvement plans, specifications, and calculations shall be submitted to, and approved by, the Director of Public Works and other affected agencies having jurisdiction over public improvements prior to execution of the Improvement Agreement. Improvement plans shall show the existing onsite and offsite project improvements and proposed improvements along the adjacent public streets and property that relate to the proposed improvements. 14. If grading is commenced prior to filing the Final Map or Parcel Map, a surety or guarantee shall be filed with the City of Dublin. The surety shall be equal to the amount approved by the Director of Public Works as necessary to insure restoration of the site to a stable and erosion- resistant state if the project is terminated prematurely. 15. Prior to acceptance of the project as complete and release of the Faithful Performance Bond or securities by the City: a) All improvements and landscaping shall be installed as per the approved Improvement Plans and Specifications. b) An as-built landscaping plan prepared by the Project Landscape Architect shall be submitted and a declaration by the Project Landscape Architect that all work was done under his/her supervision and in accordance with the recommendations contained in the landscape and soil erosion and sedimentation control plans shall be submitted to the Director of Public Works. c) Photo mylars and, if available, AutoCAD (or approved equal) electronic copies of the Improvement, Grading and Storm Drain plans along with the Final or Parcel and Annexation Maps, if any, which are tied to the City's existing mapping coordinates including all as-built plans prepared by a registered Civil Engineer shall be submitted to the City. d) A complete record, including location and elevation of all field density tests, and a summary of all field and laboratory tests shall be submitted to the City. e) A declaration by the Project Civil Engineer and Project Geologist/Soils Engineer that all work was done under their supervision and, in accordance with .the recommendations contained in the soil and geologic investigation reports and the approved plans 'and specifications and that the finished graded building pads are within 4- 0.1 feet in elevation of those shown on apprOved plans shall be submitted to the City. 4 G:\pa01-025/standardconditions f) Copies of the Final Map and improvement plans, indicating all lots, streets, and drainage facilities within the project shall be submitted at. 1" = 400' scale, and 1" = 200' scale shall 'be submitted to the City for City mapping purposes. 16. Upon acceptance of the improvements and receipt of required submittals, the Faithful Performance bond or security may be replaced with a Maintenance bond that is equal to 25% of the value of the Performance security. The Maintenance bond is released one year after acceptance of the Project and after the repair of deficiencies, if any, are completed. 17. The Labor and Materials bond or security is released in accordance with the City's Subdivision Ordinance and the Subdivision Map Act and after acceptance of the improvements. 18. Applicant/Developer, and any parties or individuals granted rights-of-entry by Applicant/Developer, shall defend, indemnify, and hold harmless the City of Dublin and its agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency} appeal board, Planning Commission, City Council, Director of Community Development, Zoning Administrator, or any other department, committee, or agency of the City concerning a subdivision or other development which actions are brought within the time period provided for in Government Code Section 66499.37; provided, however, that the Applicant/Developer's duty to so defend, indemnify, and hold harmless Shall be subject to the City's promptly notifying the Applicant/Developer of any said claim, action, or proceeding and the City's full actions or proceedings. IMPROVEMENTS AND DEDICATIONS: 19. The Improvement Plans for this Vesting Tentative Map (including Improvement Plans, Grading Plans, and subdivision Final/Parcel Maps) shall be prepared, designed, and signed by a registered civil engineer to the satisfaction of the Director of Public Works in accordance with the Ordinances, standards, specifications, policies, and requirements of the City of Dublin using standard City title block and formats prior to issuance of building permits and prior to filing the Final Map/Parcel Map. Minimum lettering size on all plans submitted shall be 1/8 inch. After approval, original mylars or photo mylars with three sets of blue prints must be submitted to the City. 20. A current' title report and copies of the recorded deeds of all parties having any recorded title interest in the project property and copies of the deeds and the Final Maps or Parcel Maps for adjoining properties and easements which are no more than 6 months old as of the date of submittal shall 'be submitted as deemed necessary by the Director of Public Works. 21. Dedication of land shall be made to the City of Dublin such that it conveys land sufficient for the approved streets' right of ways. 22. Layout and design of the project parking, striping, drive aisles, and sidewalks within the project shall be configured to maximize safety, 'circulation, convenience, and sight distance per the City of Dublin zoning ordinance, standard plans and detailS, and current policies as approved by the Director of Public Works. Final detailed layout and design of internal private and public streets and drive aisles must be approved by the ACFD and DirectOr of Public Works. 5 G:\pa01-025/standardconditions 23. All improvements along streets within the subdivision and as required offsite (including curb, gutter, sidewalks, driveways, paving, drainage, landscaping and utilities) must be constructed prior to occupancy of the first building in accordance with approved City standards and to the satisfaction of the Director of Public Works and only after the Subdivision Improvement Agreement has been approved and required bonds and fees have been delivered to the City. 24. The minimum uniform street gradient shall be 1%. The structure design of the road shall be subject to approval of the Director of Public Works. Parking lots shall have a minimum gradient of 1% and a maximum gradient of 5%. 25. Minimum sight distance for public streets, including intersection sight distance, shall meet the CALTRANS Highway Design Manual. 26. All public sidewalks must be within City right of way or in a pedestrian easement except as specifically approved by the Director of Public Works. 27. Any relocation of improvements or public facilities shall be accomplished at no expense to the City. 28. Applicant/Developer shall acquire easements, and/or obtain rights-of-entry from the adjacent property owners for improvements (including grading, stockpiling and storing of equipment or material) required outside of the project. The easements and/or rights-of-entry shall be in writing and copies shall be furnished to the Director of Public Works prior to issuance of any grading permits. 29. The boundary of parcels and the exterior boundary of the project shall be survey monumented at completion of construction of project improvements. The centerline of City and private streets and new boundaries shall be survey monumented and set in accordance with the City of Dublin Standard Plans and to the satisfaction of the Director of Public Works. At least three (3) permanent benchmarks shall be established as shown on the applicable Specific Plan. Plats and elevation data shall be provided to the City in a form acceptable to the Director of Public Works. 30. Applicant/Developer shall be responsible for transitioning existing improvements to match proposed improvements required as Conditions of Approval for this Vesting Tentative Map. 31. Applicant/Developer shall install all water, gas, sewer, underground electric power, cable television or telephone lines and storm drain facilities before any paving, curb, gutter or sidewalk is installed or as approved by the Director of Public Works. Utility stub connections to property boundaries shall be required unless waived in writing by the Director of Public Works. 32. Applicant/Developer shall show in the project construction documents the locations of all transformers, vaults and electrical boxes, double detector check valves, and joint trenches that will service the site with electricity, fire protection water system, telephone and CATV to the buildings to the satisfaction of the Director of Public Works. All new utilities and utility vaults shall be underground. All above ground boxes and transformers shall be screened by landscaping to the satisfaction of the Director of Community Development and the DireCtor of Public Works. 6 G:\pa01-025/standardconditions 33. Applicant/Developer shall construct a site lighting system in accordance with the City of Dublin Zoning Ordinance and to the satisfaction of the Director of Public Works.. The Developer shall submit a preliminary lighting plan showing the distribution of lights on the site, type and location of street and yard lights that shall be reviewed and approved to the satisfaction of the Director of Public Works prior to construction. 34. APplicant/Developer shall construct all new fire hydrants in streets to City and Alameda County Fire Department standards. ApplicanVT)eveloper shall comply with applicable Alameda County Fire Department, Public Works Department, Dublin Police Service, Alameda County Flood Control District Zone 7 and Dublin San Roman Services District requirements. 35. Applicant/Developer shall submit a utilities service report and plan (including a composite base map shOwing the location, phasing and construction of all existing and proposed utilities) prior to issuance of grading permits and to the satisfaction of the Public WorkS Director and Community Development Director along with documentation that domestic fresh water, sanitary sewer, electricity, gas, telephone, and cable television service can be provided to each residence and building within the project by the applicable utility companies and shall indicate when such service will be available. 36. Applicant/Developer shall construct all utilities as may be deemed necessary to provide for the proper, clean, and safe functioning of utility services for each proposed residence/building within the project: All utilitY construction is subject to the requirements and specifications of the agency having jurisdiction over the respective utility facilities. 37. All utilities within the project and to each lot shall be underground in accordance with the City policies and existing ordinances, All utilities shall be located and provided within pUblic street right of ways and/or public service easements as directed by the Director of Public Works and shall be sized to meet utility company standards. 38. All transmission lines shall be constructed away from sensitive areas unless otherwise approved by the Director of Public Works. 39. Existing and proposed access and public utility easements shall be submitted for review and approval by the Director of Public Works prior to approval of the Final/Parcel Map. These easements shall allow' for' vehicular and utility service access. 40. A 10 foot public utility easement shall be shown to be dedicated on. the Final/Parcel Map along all street frontages unless otherwise determined by the Director of Public Works, in addition to all other easements required by the utility companies or governmental agencies. 41. Applicant/Developer shall construct a recycled water line and contract with the Dublin San Ramon Services District (DSRSD) to provide .water, wastewater, and and/or recycled water service connection points to the project, including all landscaped common areas prior to occupancy of affected units. The plans for these facilities shall be reviewed and approved by DSRSD and the City of Dublin Public Works Department. 42. The landscaped common areas of the project shall have laterals installed to the satisfaction of the Director of Public Works to enable future recycled water connection in addition to potable water connection prior to occupancy of any building. Recycled water lines shall be installed to '7 G:\pa01-025/standardconditions ' ' serve landscaped areas. All landscaped areas shall be subject to the City's Water Efficient Landscape RegulatiOns. 43. Applicant/Developer shall prepare a detailed drainage study of all proposed storm drain improvements of the project for review and approval by the Director of Public Works prior to issuance of grading permit. Final pipe sizes, slopes, depths, etc. shall be baSed upon final storm water design calculations by a licensed professional engineer in California. 44. For all storm drains located outside of the public right of way, a "Storm Drain Easement" or "Private Storm Drain Easement" shall be dedicated on the Final Map, to the satisfactiOn of the Director of Public Works. 45. Applicant/Developer shall provide an access road and turn-around and maintenance easement for access to all storm drainage detention facilities and trash racks. 46. Applicant/Developer shall demonstrate to the satisfaction of the Director of pUblic Works that all mitigation measures that are necessary as a result ofidrainage impacts of this project will be constructed to the satisfaction to of the Director of Public Works prior to occupancy of any building. 47. Where possible, roof drains shall empty onto an approved dissipating device and then over . lawn or other planted areas to street or approved drainage facility. Concentrated flows will not be allowed to drain aCross sidewalk areas. 48. An 18" minimum diameter reinforced concrete pipe (RCP) shall be used for all public storm drain main lines and i 2" minimum diameter RCP shall be used for laterals connecting inlets to main drain line. 49. Storm drainage facilities for a drainage area less than 1 square mile shall be designed to meet the capacity of a 15 year storm; storm drainage facilities for a drainage area of between 1 square mile and 5 square miles shall be designed to meet the capacity of a 25 year storm; and storm drainage facilities for a drainage area greater than 5 square miles shall be designed to meet the capacity of a 100 year storm. 50. All streets shall be designed so that the 15-year storm is contained within the gutter and shoulder area. In addition arterial streets shall have one lane of traffic in both directions of travel above the 100-year storm level. 51. No buildings or other structures shall be constructed within a storm drain easement. 52. All concentrated storm drain flow shall be carried in concrete curb and gutter, concrete valley gutters or storm drain pipe and shall discharge into an approved drainage facility, not onto slopes.' 53. Applicant/Developer shall comply with Alameda County Flood Control District requirements. If there is a conflict between City and County Flood Control requirements the Director of Public Works shall determine which requirements shall apply. 8 G:\pa01-025/standardconditions 54. A detailed fencing/wall plan shall be submitted with the improvement plans for the first phase of development. The design, height, and location of the fences/walls shall be subject to approval of the Community Development Director and Director of Public Works. Wall sections shall not be butted together but separated by pilasters unless otherwise approved by the Director of Public Works. 55. Where finish grade of this property is in excess of twenty-four (24) inches higher or lower than the abutting property or adjacent lots within the subdivision, a concrete or masonry block retaining wall or other suitable solution acceptable to the Director of Public Works shall be required and any fence or wall height shall be measured from the top of grade on the higher side of the retaining wall or slope. 56. All wall or fence heights shall be a minimum 6 feet high (except in those locations where Section 8.72.080 of the Zoning Ordinance requires lower fence heights or where an 8-foot sound attenuation wall is required). All walls and fences shall be designed to ensure clear vision at all street intersections to the Satisfaction o£the Director 9.fpublic Works. 57. A registered civil or structural engineer shall design all retaining walls over three feet in height (or over two feet in height with a surcharge) and a building permit shall be required for their construction. A maintenance and inspection program shall be implemented by the Applicant/Developer or by the homeowners association for the periodic inspection and maintenance of all retaining walls that could possibly affect the public right of way. 58. Fencing placed at the top of banks/slopes shall be provided with a minimum one-foot level area on both sides in order to facilitate maintenance by the property owners. GRADING AND DRAINAGE: 59. The grading plan designs for this Vesting Tentative map shall be designed in conformance with the approved Vesting Tentative Map and shall be based on an approved soils reports. The soils report for the project shall include recommendations !) for foundations, decks and other miscellaneous structures, 2) for design of swimming pools, and 3) for setbacks for structures from top and toes of slopes. Additionally, the soils report shall include a professional opinion as to safety of the site from the hazards of land slippage, erosion, settlement and seismic activity. Both the project civil engineer and the project soils engineer must sign the grading plans. In case of conflict between the soil engineer's recommendations and City ordinances, the Director of Public Works shall determine which shall apply. 60. The soils engineer or his technical representative must be present at the project site at all times during grading operations. Where soil or geologic conditions encountered in grading operations are different from that anticipated in the soil and geolOgic investigation report, or where such conditions warrant changes to the .recommendations contained in the original soil investigation, a revised soil or geologic report shall be submitted and approved by the Director of Public Works. It shall be accompanied by an engineering and geological opinion as to .the safety of the site from hazards of land slippage, erosion, settlement, and seismic activity. 61. Applicant/Developer shall prepare a GeOtechnical Investigation Report covering the project site for review and approval by the City prior to issuance of grading permit, and (as a minimum) 9 G:\pa01-025/standardconditions shall design the grading plan based on the recommendations outlined in said report, and as required by the City's Grading Ordinance. . 62. Prior to any grading of the site and filing of the Final/Parcel Map, a detailed construction grading/erosion control plan (including phasing) and a drainage, water quality, and erosion and sedimentation control plan for the post-construction period shall be prepared by the Project Civil Engineer and/or Engineering Geologist and shall be approved by the Director of Public Works. Said plans shall include detailed design, location, and maintenance criteria, of all erosion and sediment control measures. The plans shall provide, to the maximum extent practicable, that no increase in sediment or pollutants from the site will occur. The post-' construction plan shall provide for long-term maintenance of all permanent erosion and sediment control, measures such as slope vegetation. The construction grading/erosion control plan shall be implemented and in place by October 15th and shall be maintained in place until April 15th unless otherwise allowed in writing by the Director of Public Works. It shalI be the Applicant/Developer's responsibility to maintain the erosion and sediment control measures for the year following acceptance of the subdivision improvements by the City Council. 63. Grading plans shall indicate the quantity of soil that must be imported or off-hauled. If soil must be imported or off-hauled, Applicant/Developer shall submit details as to how it will be done and routes of travel for the Director of Public Work's approval. 64. All unsuitable material found .at the site shall be removed from the site or stockpiled for later use in landscape areas. 65. In the 100-year Flood Hazard Zone, all residential units shall have their finished floor elevation a minimum of one foot (1 ') above the 100-year flood level. Commercial buildings shall either provide flood-proofing, or have their finished elevation above the 100-year flood level. Applicant/Developer shall prove to the City that the proposed building pads are a minimum of 1 foot above a 100-year storm event prior to issuance of grading permits. 66. Applicant/Developer shall grade all lots to drain to the front of the public streets or private streets according to City of Dublin Grading Ordinance and Standard Conditions of Approval. If needed, Applicant/Developer shall construct retaining walls along the rear yard lot lines and/or side yard lot lines so that each lot will drain directly to its respective front street. All grading plans shall be reviewed and approved by the Director of Public Works prior to issuance of grading permits. 67. Applicant/Developer shall not change the overall drainage patterns of the existing topography by the grading construction of this project. 68. Each lot shall be graded so as not to drain on any other lot or adjoining property prior to being deposited to an approved drainage system or adjacent landowner shall grant a drainage easement. 69. No cut and fill slopes shall exceed 2:1 unless recommended by the project Soils Engineer and approved by the Director of Public Works. Slopes shall be graded so that there is both horizontal and vertical slope variation where visible from public areas and the top and bottom of slopes shall be rounded in order to create or maintain a natural appearance. 10 G:\pa01-025/standardconditions TRAFFIC AND CIRCULATION: 70. Applicant/Developer shall submit a Line and Striping Plan to the Director of Public Works for review and approval prior to issuance o£ building permits. The plan shall show include imerim lane and access configurations and ~ransitions, as approved by the Director o£ Public Works. 71. Applicant/Developer shall consult with the Livermore-Amador Valley Transit AuthOrity (LAVTA) on the bus route and location and size of proposed bus stops and shelters within and on the periphery of the propOsed project. The location and configuration o£ all bus stops 'and shelters shall be constructed by Applicant/Developer under the direction of the City's Director of Public Works prior to occupancy of any building. 72. Applicant/Developer shall be responsible for payment of traffic impact feeS (TIFs) adopted by the City Council at the time of issuance of building permits including, but not limited to, the Eastern Dublin TIF, Imerchange TIF (reimbursements to the City of Pleasanton for freeway interchanges), and Regional (Tri-Valley) TIF. ApplicanUDeveloper shall receive TIF credit for constructing any other Eastern Dublin Traffic Impact Improvements in their ultimate locations. 73. All construction traffic and Parking may be subject to specific requirements, as determined by the Director of Public Works, in order to minimize construction interference wi~ regional non- project traffc movement. Construction traffic routing shall be approved by the Director of Public Works prior to issuance of grading permit. 74. Traffic safety signs and "red-curbing" shall be provided in accordance with the standards of the City of Dublin subject to plan approval by the Director of Public Works. 75. A street sign/naming plan for the internal street system shall be submi~ed and shall be subject to approval of the Community DeveloPment Director. No single street may intersect any other street more than once. No continuous street may change direction by 90 degrees more than once without change of street name for subsequent changes in direction. Street name signs shall display the name of the street together with a City standard shamrock logo. Posts shall be galvanized steel pipe. NPDES (GENERAL): 76. . For projects disturbing lye (5) acres or more, Applicant/Developer shall submit a Storm Water Pollution Prevention Plan (SWPPP) for review and approval by the City prior to Ge issuance of any building or grading permits. The SWPPP shall be implemented by the general contractor and all subcontractors and suppliers of material and equipment. Construction site cleanup and control of construction debris shall also be addressed in the SWPPP, Applicant/Developer is responsible for complying with the sWPPP. Failure to do so will result in the issuance of correction notices, citations or a project stop work order. A copy of the SWPPP shall be kept at the construction site at all times. Fueling and maintenance o£ vehicles shall be done offsite unless an approved fueling and maintenance area has been approved as payt of the SWPPP. 77. For projects disturbing less than five (5) acres, an erosion control plan shall be submitted with the grading plan. 11 G:\pa01-025/standardconditions 78. Prior to the commencement of any clearing, grading or excavation resulting in a land disturbance greater than five acres, the developer shall provide evidence that a Notice of Intent (NOI) has been sent to the California State Water Resources Control Board. 79. Construction access routes shall be limited to those approved by the Director of Public Works and shall be shown on the approved grading plan. 80. Applicant/Developer shall gather all construction debris daily and place it in a covered dumpster or other container which is emptied or removed on a weekly basis. A secondary containment berm shall be constructed around the dumpster. When appropriate, tarps shall be used on the ground to collect fallen debris Or splatters that could contribute to storm water pollution. 81. All debris from the sidewalk, street pavement and storm drain system adjoining the project site shall be removed by Applicant/Developer on a daily basis or as required by the City inspector. During wet weather, avoid driving vehicles off paved areas. 82. Applicant/Develop shall broom-sweep the sidewalk and public street pavement adjoining the project site on a daily basis. Caked-on mud or dirt shall be scraped from .these areas before sweeping. 83. Applicant/Developer shall install filter materials (e.g. gravel filters, filter fabric, etc.) at all onsite storm drain inlets and existing inlets in the vicinity of the project site prior to: a) Start of the rainy Season (OctOber 15) b) Site de-watering activities, c) Street washing activities, d) Saw cutting asphalt or concrete Filter materials shall be cleaned or replaced as necessary to maintain effectiveness and prevent street flooding. Dispose of filter particle's in an appropriate manner. 84. Applicant/Developer shall maintain a contained and covered area on the site for the storage of bags of cement, paints, flammable, oils, fertilizers, pesticides or any other materials used at the project site that have the potential for being discharged to the storm drain system. Machinery, tools, brushes, containers, etc. shall not be cleaned and rinsed into a street, gutter, storm drain or stream. See the "Building Maintenance/Remodeling" flyer for more information. 85. Concrete/gunite supply trucks or concrete/plasters or similar finishing operations shall not discharge wash water into street gutters or drains. 86. Applicant/Developer shall minimize the removal of natural vegetation or groundcover from the site in order to reduce the potential for erosion and sedimentation problems. All cut and fill slopes shall be stabilized as soon as possible after completion of grading. No site grading shall occur between October 15 and April 15 unless a detailed erosion control plan is reviewed by the Director of Public Works and implemented by the contractor. 87. The project improvement plans shall include storm water pollution prevention measures for the operation and maintenance of the project and shall be reviewed and approved by the Director of 12 O:\pa01-025/standardconditions Public'Works. The project plan shall identify Best Management Practices (BMPs) appropriate to the uses conducted onsite to effectively prohibit the entry of pollutants into storm water runoff. The project plan shall also include erosion control measures to prevent soil, dirt and debris from entering the storm drain system, in accordance with the practices outlined in the ABAG Erosion and Sediment Control Handbook, California Storm Water Best Management Practice Handbooks, State Construction Best Management Practices Handbook and Regional Water quality Control Board's Erosion and Sediment Control FieM Manual. 88. Applicant/Developer is responsible for ensuring that all contractors are aware of, and implement, all storm water pollution prevention measures. Failure to comply with the approved construction BMPs will result in the issuance of correction notices, citations and/or a project stop order. 89. All landscaping shall be properly maintained and shall be designed with efficient irrigation practices to reduce runoff, promote surface filtration, and minimize the use of fertilizers and pesticides which contribute to runoff pollution. Where feasible, landscaping should be designed and operated to treat stormwater runoff. When and where possible, xeriscape and drought tolerant plants shall be incorporated into new development plans. 90. All on-site storm drain inlets must be labeled "No Dumping-Drains to Bay" using a method approved by the Department of Public Wo~'ks. 91. All onsite storm drains must be cleaned at least twice a year; once immediately prior to the rainy season (October 15) and once in January. Additional cleaning may be required as deemed necessary by the Director of Public Works. NPDES (COMMERCIAL/INDUSTRIAL DEVELOPMENT): 92. All washing and/or steam cleaning must be done at an appropriately equipped facility which drains to the sanitary sewer. Any outdoor washing or pressure washing must be managed in such a way that there is no discharge of soaps or other pollutants to the storm drain system. Wash waters should discharge to the sanitary sewer. Sanitary sewer connections are subject to the review, approval, and the conditions of the Dublin-San Ramon Services District (DSRSD). 93. All loading dock areas must be designed to minimize "mn-on" to or runoff from the area. Accumulated wastewater that may contribute to the pollution of storm water must be drained to the sanitary sewer, or filtered for ultimate discharge to the storm drain system. BMPs should be implemented to prevent potential storm water pollution. Applicant/Developer shall implement appropriate BMPs such as, but not limited to, a regular program of sweeping, litter control and spill clean-up. 94. All metal roofs and roof-mounted equipment (including galvanized), shall be coated with a mst-inhibitive paint. 95. Trash enclosures and/or recycling area(s) must be completely covered; no other area shall drain onto this area. Drains in any wash or process area shall not discharge to the storm drain system. Drains should connect to the sanitary sewer. Sanitary sewer connections are subject to the review, approval, and conditions of the DSRSD. 13 G:\pa01-025/standardconditions 96. All paved outdoor storage areas must be designed to eliminate the potential for rUnoff to carry pollutants to the storm drain system. Bulk materials st°red outdoors may need to be covered and contained as required by the Director of Public Works. 97. Sidewalks and parking lots must be swept weekly, at a minimum, to prevent the accumulation of litter and debris. If pressure washed, debris must be ~rapped and collected to prevent entry to the storm drain system. No cleaning agent may be discharged to the storm drain. If any cleaning agent or degreaser is used, wash water shall not discharge to the storm drains; wash waters should be collected and discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review, approval and conditions of the DSRSD. 98. A structural control, such as an oil/water separator, sand filter, or approved equal, may be required to be installed, onsite, to intercept and pre-treat storm water prior to discharging to the storm drain system: The design, location, and a maintenance schedule must be submitted to the Director of Public Works for review and approval prior to the issuance of any building permits. 99. Restaurants must be designed with contained areas for cleaning mats, equipment and containers. This wash area must be covered or designed to prevent "run-on" to, or runoff from, the area. The area shall not discharge to the storm drains; wash waters should drain to the sanitary sewer, or collected for ultimate disposal to the sanitary sewer. Employees must be instructed and signs posted indicating that all washing activities shall be conducted in this area. Sanitary sewer connections are subject to the review, approval, and conditions of the DSRSD. 100. Commercial car washes shall be designed so that no wash water shall discharge ~to the storm drain systems. Wash waters should discharge to the sanitary sewer. Sanitary sewer connections are subject to the review, approval, and conditions of the DSRSD. 101. Vehicle/equipment washers shall be designed so that no vehicle or equipment washing activity associated with this facility shall discharge to the storm drain system. Wash areas should be limited to areas that drain to the sanitary sewer Collection system, or the wash water collected for ultimate disposal to the sanitary sewer. This wash area must be covered and designed to prevent "run-on" to, and runoff from, the area. A sign must be posted indicating the designated wash area. Sanitary connections are subject to the review, approval and conditions of the DSRSD. 102. Fuel dispensing areas must be paved with concrete extending a minimum of 8'-0" from the face of the fuel dispenser and a minimum of 4'-0" from the nose of the pump island. Fuel dispensing areas must be degraded and constructed to prevent "run-on" to, or runoff from, the area. Fuel dispensing facilities must have canopies; canopy roof downspouts must be routed to prexfent drainage flow through the fuel dispensing area. The facility must have a spill cleanup plan. The fuel dispensing area must be dry swept routinely. Dispensing equipment must be inspected routinely for proper functioning and leak prevention. The fuel dispensing area must' be covered, and the cover's minimum dimensions must be equal to or greater than the area within the grade break or fuel dispensing area, as defined above. The cover must not drain onto the fuel dispensing area. 103. Fuel dispensing areas must be paved with portland cement concrete (or, equivalent smooth impervious surface), with a 2% to 4% slope to prevent ponding, and must be separated from the rest of the site by a grade break that prevents run-on of storm water to the extent practicable. 14 G:\pa01-025/standardconditions The fuel dispensing area is defined as extending a minimum of 6.5 feet from the corner of each fuel dispenser or the length at which the hose and nozzle assembly may be operated plus a minimum of 1 foot, whichever is less. 104. Most washing and/or steam cleaning must be done at an appropriately equipped facility that drains to the sanitary sewer. Any outdoor washing or pressure washing must be managed in such a way that there is no discharge of soaps or other pollutants to the storm drain. Sanitary sewer connections are subject to the review, approval, and conditions of the sanitary district with jurisdiction for receiving the discharge. These requirements shall be required for automotive related businesses. 105. All loading dock areas must be designed to minimize "run-on" or runoff from the area. Accumulated waste water that may contribute to the pollution of stormwater must be drained to the sanitary sewer, or diverted and collected for ultimate discharge to the sanitary sewer, or intercepted and pretreated prior to discharge to the storm drain system. The property owner shall ensure that BMPs are implemented to prevent potential stormwater pollution. These BMPs shall include, but are not limited to, a regular program of sweeping, litter control and spill clean-up. 106. The design, location, maintenance requirements, and maintenance schedule for any stormwater quality treatment structural controls shall be submitted to the City or County Engineer for review and approval prior to the issuance of a building permit. NPDES (RESIDENTIAL DEVELOPMENT/CONSTRUCTION): 107. A homeowners association shall be created and shall be responsible for maintaining all private streets and private utilities and other privately owned common areas and facilities on the site including landscaping. These maintenance responsibilities shall include implementing and maintaining stormwater BMPs associated with improvements and landscaping. CC&R's creating the homeowners association shall be reviewed and approved by the City or County Attorney prior to the recordation of the Final/Parcel Map and recorded prior to the sale of the first residential unit. The CC&R's shall describe how the stormwater BMPs associated with privately owned improvements and landscaping shall be maintained by the association. 15 G:\pa01-025/standard conditions TJ$ Archff¢cts , -, X ,~..~ ~, ~ 07 Aug 2002  r~ 1012 , yt .~ f ~ - ~ Shoet ~e ....... - Area ........ ~.44 ........ ~ ~JS Architects TJS Architects ~eflected Ceiling Plan TJS Architects w~ 07 Aug Dra ~ Roof Plan Roof, Canopys, and Fencing Standing Seam Metal Roof: Mfr.: American Sheet Metal Color: 815G112 Evergreen Wrought-Iron Fencing: Arm #39, Hunter Green to Match Exterior Walls T1-11 Plywood, Rough Sawn With lx3 Wood Battens Color: Arm 19, Spectrum Natural Grey Windows & Doors Aluminum With Powd er Coat Color: White Glazing: All Double Glazed Solar Gray (Exterior) Window & Door Trim 2x Wood Trim, Rough Sawn Color: Arm 26, Spectrum Swiss Coffee White Materials and Colors Wood Trellis & Brackets Armstrong Garden Center Rough Sawn Timbers 7360 San Ramon Road, Dublin, Ca 94568-2336 With 2x4 Lattice Color: Arm 38, Spectrum April 14, 2002 201 Series, Light Brown 18'-11 1/4" BUilding Sign Materials and Colors 1.5'-41/2" 4'~6~----~- AtP / - I Int, ernally Illuminated Lexan-Faced Letters:i 2'-5" USe Standard Aluminum Construction with Matthews P~I~ I~I O~g 1~' Satin Acrylic Polyurethane Finish. "Armstrong" Faces Use ~2793 Red Plex with 3/4" Gold Trim Cap, Illuminate with 30 ma Clear Red Neon. a den Centers 1 " "Garden Centers" Faces Use ~2108 Green Hex with 3/4" Gold Trim Ca~, Illuminate with 30 m~ ~500 White Neon. 1 - Dublin - Standing on Subject Property Facing West Looking at Kindercare on Adjacent Property ~EC£1VED 2 - Dublin - Standing on SUbject Property Facing West Looking at Kindercare on Adjacent Property DUBLIN P~NNI~G ::.~:~ ,,.~_,~.~c~ ATTACHMENT 3 - Dublin - Standing on Adjacent Property Looking North Across Amador Valley Court at Subject Property 4 - Dublin - Standing on Adjacent PropertY Looking North Across Amador Valley Court at Subject Property 5 -Dublin - Standing on Subject Property Facing South Across Amador Valley Court at Adjacent Property 6 - Dublin - Standing on Subject Property Facing South Across Amador Valley Court at Adjacent Property 7 - Dublin - Standing on Adjacent Property Facing South Looking At Sit and Sleep Building with Subject Property in Background 8 - Dublin - Standing on Subject Property Facing East Looking at Adjacent Property Across San Ramon Road 9 - Dublin - Standing on Sidewalk Facing West Looking at Subject Property and Adjacent Sit and Sleep Building RESOLUTION NO. 02-28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT PA 02-009 ARMSTRONG GARDEN CENTER SPECIFIC PLAN AMENDMENT TO AREA 3 (SAN RAMON PROPERTIES) OF THE SAN RAMON ROAD SPECIFIC PLAN 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 to modify Area 3 of the Specific Plan to allow a garden store/center as a conditional use and to amend the Circulation System Section of the Specific Plan for Area 3 to reflect the new location of the drive aisle accessway for consistency with the proposed project plans; and WHEREAS, the Applicant is also requesting approval of a Planned Development (PD) District Rezoning, Conditional Use Permit, Site Development Review, and Sign/Site Development Review to construct an approximately 30,810 square foot retail garden store/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, 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 City Council approved Resolution No. 14-02 authorizing initiation of the Armstrong Garden Center Specific Plan Amendment Study for the San Ramon Specific Plan on February 5, 2002; and WHEREAS, the San Ramon 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, Area 3 of the San Ramon Road Specific Plan allows for the development of retail shopper stores oriented to providing additional comparison shopping goods for both Dublin and nearby residents; and WHEREAS, it is the intent that the principal uses within Area 3 be reserved for retail shopper stores; and WHEREAS, Area 3 regulations prohibit garden stores or centers; and WHEREAS, the intent of prohibiting garden stores was to prohibit certain retail store and personal service type uses based on an insufficient amount of residential development to support more uses of this nature within the downtown area; and ...'" ATTACHMENT WHEREAS, since the adoption of the San Ramon Road Specific Plan in 1983, the City has approved additional residential development throughout the City, including the multi-family residential project just west of the project site, which would now support a retail garden store/center type use; and WHEREAS, the City's Zoning Ordinance allows plant nurseries or garden stores within commercial centers as a conditional use within the C-1 and C-2 Zoning Districts; and WHEREAS, the retail garden center would not result in land use conflicts with the San Ramon Road Specific Plan, the City's Zoning Ordinance or General P1an because a Conditional Use Permit provides for the review of a development proposal by the Planning Commission and the application of conditions of approval to insure that the intent of the Zoning Ordinanceis met; and WHEREAS, the proposed retail garden center use will be compatible with the existing and future development in the surrounding area. The proposed garden center use will provide a commercial service and retail use consistent with the adjacent shopper goods uses and will offer goods and services which typically benefit and support residential uses; and WHEREAS, the project has been reviewed in accordance with the Califomia Environmental Quality Act (CEQA), the State CEQA Guidelines and the City of Dublin Environmental Guidelines and the is Categorically Exempt from the provisions of CEQA, the State CEQA Guidelines and the City of Dublin Environmental Guidelines, under Section 15061(b)(3) and Section 15332, Class 32, 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 Planning Commission held a public hearing on said application on August 13, 2002; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted to the Planning Commission recommending approval of the project; and WHEREAS, the Planning Commission did hear and use their independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT the Dublin Planning Commission does hereby adopt a Resolution recommending City Council adoption of the San Ramon Road Specific Plan amendment to allow a garden center/store as a conditional use within Area 3, and amend the Circulation SysteTM Section of the Specific Plan for Area 3 to reflect the new location of the shared drive aisle accessway for consistency with the proposed project plans. This Amendment is subject to the following: AMENDING AREA 3 LAND USE PLAN AS FOLLOWS: 1. Adding to Conditional Uses g. Garden Centers/Stores 2. Modifying the list of Prohibited Uses to delete garden stores as follows: All other retail stores and personal services not mentioned above including new and used vehicle sales and/or vehicle repair and service, service stations, banks, dry cleaners, medical services, ~, auto parts stores, and other similar stores and services. AMENDING AREA 3 CIRCULATION SYSTEM SECTION AS FOLLOWS: Development of two a "shared driveways" on the north side of the Amador Valley Boulevard extension respectively located _a~gg-~fe6n-a~ approximately 4-30 250+ feet west of San Ramon Road. PASSED, APPROVED AND ADOPTED this 13th day of August, 2002. AYES: Musser, Nassar, Fasulkey NOES: Jennings ABSENT: Johnson Planning Commission Chairperson ATTEST: Planning Manager g:\02-009\SPA Reso - PC RESOLUTION NO. 02- 29 A RESOLUTION OF THE 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 _+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-I, 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 15061 (b)(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 °h 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, WHEREAS, the Planning Commission did hold a public hearing 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 hearing 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: A. 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. B. 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. C. The uses will not be injurious to property or improvements in the neighborhood because features have been incorporated into the projector 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. D. 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. E. 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 developed and improved within an urbanized area and located adjacent to existing retail commercial uses and medium density residential uses. F. The Armstrong 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. G. 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. H. The Armstrong Garden Center project is consistent with the intent and purpose of Chapter 8.104 Site Development Review of the Zoning Ordinance. I. The approval of this application, as conditioned, is in the best interest of the public health, safety and general welfare. J. 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. K. 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. L. 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. M. The proposed signage for the project is compatible with the design of the garden center, surrounding uses, and other design elements in the project. N. 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: CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use, and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [PL] Planning, [B] Building, [PO] Police, [PW] Public Works [ADM] Administration/City Attorney, [FIN] Finance, [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 Authori _ty, [CHS], California Department of Health Services. NO cO~ITION 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 surrounding 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 Building District School Impact fees, Alameda County Fire Services fees, 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 permits required by other agencies (e.g., Alameda County Flood times, but no Control District Zone 7, Alameda County Health Agency (if later than necessary), State Water Quality Control Board, etc.) and shall issuance of submit copies of the permits to the Department of Public Works. Building 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 coders 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 control plan showing detouring and temporary striping for all work Permits interim or phased improvements in the public street right 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 Building Department for plan check. Each set of plans shall have Permits 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 prohibited between the hours of 9:00 p.m. and 7:00 a.m. NO CO~ITION TEXT :" RESPON. WHEN HOWLS AGENCy/ REQ.? CO~ITION DEPOT. 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 satisfaction of the Community Development Director and Public Permits Works Director. 18. Roof Equipment Screening. All roof equipment shall be PL Prior to completely screened from view by a parapet. Equipment not issuance 6f screened by a parapet shall be screened by materials architecturally Building compatible with the building, as approved by the Community Permits 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 right-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. 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. All 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/Handicap 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. All handicap ramps of and accessible walkways shall comply with all current State Title 24 Improvements requirements and City of Dublin Standards. so co mo T XT RESPON. WUEN I-IOW IS AGENCY/ REQ.? coNDITION DEPART. SATISFIED.'? 21 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, gu~ter 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 Permits preserved, and no improvements shall be installed that may 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 t~he 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 to parking stalls. 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. 7 NO CONDITION TEXT ' RESPON. WHEN H~)W 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 th~ 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 Kindercare 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. 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 California. 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 unmetered 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 the Site Plan and other preliminary plans in Exhibit A and include, Permits 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 printed 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. 9 qg ~ //~ NO C0~ITION TEXT RESpON~ W~N fiOWIS AGENCY/ REQi? CONDITION ' DEPART; SATISFIED? $4 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 noah 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 across the primary vehicle drive aisle to allow joint use of the aisle Permits 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 /1c3 NO CO~ITiON TEXT ""' "' RESPON. WHEN HOW IS AGENCY/ REQ,? CONDITION DEPART, SATISFIED? 39. Private Monument Sign Easement and Agreement. The submitted PW Prior to Preliminary Tide 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 the 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. 11 NO CO~iT~ON YEXT ': RESPON, WHEN hOw IS AGENCY/ REQi? 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 approval b7 the Director of Public Works. 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 Geotechnical & 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 Geotechnical & 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 Grading/Site Development 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 G~IOW 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 Development. Exterior lighting shall be provided within the parking Permits 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. WHEN 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 program 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 glass 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 to Police Services prior to occupancy. 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 Pemfits 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 commence- 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 lid 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 be stored within the storage area. h. Address. Approved numbers shall be placed on the new building. The address for the facility building shall be clearly visible from the street and the address must also be placed on the rear doors of any building. j. Hazardous 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/HMPP) 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 Hydrant. 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 approval. . 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 OW 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, permit fees and issuance of fees associated with a wastewater discharge permit shall be paid to Building Permits DSRSD in accordance with the rates and schedules established in ~, 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 maintenance 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 master planning. Permits 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 materials 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 W 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 L-1 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 corner 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 Permits features (i.e., fountain, seatwall, bench, etc.) as generally shown on Sheet A 1-1 of 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 planting plan for screening purposes. Permits 73 Standard Plant Material, Irrigation and Maintenance PW Prior to Agreement. The Applicant/Developer shall complete and submit to ~ issuance of the Dublin Planning Department the Standard Plant Material, Building Irrigation and Maintenance Agreement. Permits 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 replacement of trees, shall require prior review and written approval Permits 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 the 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 corner. 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 pay 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 issuance of grade of this site is in excess of twenty-four (24) inches higher or lower than the abutting property or adjacent lots within the project, Building Permits for a concrete or masonry block retaining wall or other suitable solution 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 ~ ~OW 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 Exhibit A, Sheet A3, and be integrated with the architecture of the Permits 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 signage prior to installation. PASSED, APPROVED AND ADOPTED this 13th day of August, 2002. AYES: Musser, Nassar, Fasulkey NOES: Jennings ABSENT: Johnson ABSTAIN: Planning Commission Chairperson ATTEST: Planning Manager G:\PA\pa 02-009\CUP SDR reso-PC.doc 19 RESOLUTION NO. 02-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THE CITY COUNCIL ADOPT THE ORDINANCE APPROVING THE PLANNED DEVELOPMENT (PD) REZONING/DEVELOPMENT PLAN (STAGE 1 & 2) FOR PA 02-009 ARMSTRONG GARDEN CENTER 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-1, Retail Commercial Zoning District; and WHEREAS, according to the "General Development Criteria" section of the San Ramon Road Specific Plan, all new development proposals within the Specific Plan area shall require a Planned Development Zoning; and WHEREAS, Applicant/Developer has submitted a complete application for a Planned Development District Rezoning, including a Development Plan (Stage 1 and 2): as required by Section 8.32 of the Zoning Ordinance which meets the requirements of said section, which is available and on file in the Planning Department; 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 15061(b)(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 Planning Commission held a public hearing on said application on August 13, 2002; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted to the Planning Commission recommending approval of the project; and WHEREAS, the Planning Commission did hear and use their independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the Dublin Planning Commission does hereby make the following findings and determinations regarding said proposed Planned Development Rezoning: 1. The Planned Development Zoning District and Development Plan (Stage 1 and 2) meet the purpose and intent of Chapter 8.32 of the Zoning Ordinance because they will provide a retail commercial use that is an appropriate use for the site, located within Area 3 of the San Ramon Road Specific Plan which promotes the development of retail shopper stores, and which is located near adjacent retail commercial and medium to high density residential land uses. The comprehensive Development Plan will be sensitive to surrounding uses by virtue of site layout and design of the architecture and site plan; and 2. Development under the Planned Development Zoning District and Development Plan (Stage 1 and 2) would be harmonious and compatible with existing and future development in the surrounding areas due to site design/layout, architecture design, setback, parking and landscaping requirements of the Planned Development Zoning District, which are adequate and have been specially designed to fit into the existing neighborhood. Both uses are supportive of surrounding retail and residential uses through the provision of retail garden center and related services for adjacent residents, Community residents, and businesses in the surrounding commercial areas, and supportive of similar surrounding retail commercial uses; and 3. The Planned Development (PD) Rezone is consistent with the general provisions, intent, and purpose of the PD Zoning District of the Zoning Ordinance in that it contains all information required by Section 8.32 of the Zoning Ordinance for a Stage 1 and Stage 2 Development Plan and accomplishes the objectives of Section 8.32.010, A through H, of the Zoning Ordinance; and 4. The subject site is physically suitable for the type and intensity of the zoning district being proposed because it is located on relatively flat land within a developed downtown area adjacent to existing retail commercial uses and medium to high density residential uses, was previously developed, and because it is located adjacent to roadways which are designed to carry traffic that would be generated by the proposed types of uses; and 5. The Planned Development Rezone will not have a substantial adverse effect on health or safety or be substantially detrimental to the public welfare or be injurious to property or public improvement as all applicable laws and regulations will be satisfied; and 7. The Planned Development Rezone will not overburden public services as all agencies must commit to the availability of public services prior to the issuance of building permits as required by City laws and regulations; and 8. The Planned Development District Rezoning and accompanying Conditional Use Permit, Site Development Review and Sign/Site Development Review, will create an attractive, efficient, and safe environment; and 9. The Planned Development District Rezoning will benefit the public necessity, convenience, and general welfare; and 10. The Planned Development District Rezoning and accompanying Conditional Use Permit, Site Development Review and Sign/Site Development Review will be compatible with and enhance the general development of the area; and 11. The proposed amendment is consistent with the Retail/Office designation of the Dublin General Plan and the proposed use types are permitted by said designation. BE IT FURTHER RESOLVED THAT the Dublin Planning Commission does hereby recommend that the City Council approve a Planned Development Zoning District and Development Plan for PA 02-009 Armstrong Garden Center, with Development Plan attached as Exhibit C, which constitute regulations for the use, improvement, and maintenance of the property. Except as specifically identified otherwise in the approved Development Plan, development and operation of land use activities within this Rezoning shall be subject to the current City of Dublin Zoning Code and to the approval of the related San Ramon Road Specific Plan Amendment, Conditional Use Permit, Site Development Review, Sign/Site Development Review. PASSED, APPROVED AND ADOPTED this 13th day of August 20021 AYES: Musser, Nassar, Fasulkey NOES: Jennings ABSENT: Johnson Planning Commission Chairperson ATTEST: Community Development Director g:\02-009\PD Reso - PC.doc 3 'lAn Employee-Owned Compa y 2200 E. Route 66, Suite 200 Gtendora, CA 91740-4673 (626) 914-1091 Fax (626) 335-0257 Dear Kildara Homeowners: We ask for your support .and comments. Please take a moment and re.vie, w ~e. attached · letter to the City Planning Department and sign below. As a resident of the community, I support the garden center proposed at Amador Valley Blvd. and San Ramon Rd, Address~,~,~.~. Signature ColTlrnents: Please forward your signed form to: City of Dublin Attn: Janet Harbin 100 Civic Plaza Dublin, CA 94568 Garden Cen ers '~n Employee-Owned Company" 2200 E. Route 66, Suite 200 Glendora, CA 91740-4673 (62~) ~14-1097 Fax (626) 335-0257 Dear Kildara Homeowners: We ask for your support and comments. Please take a moment and review the attached letter to the City Planning Department and sign below.' As a resident of the community, I support the garden center proposed at Amador Valley Blvd. and San Ramon Rd. Address Signature Comments: Please forward your signed form to: City of Dublin Attn: Janet Harbin 100 Civic Plaza RECEIVED Dublin, CA 94568 iVIA¥ t) 8 ~00Z '~n Emp!~Yee-Owned Company' 2200 E. Route 66, Suite 200 Glendora, CA 91740-4673 (626) 914-'109~I Fax (626) 335-0257 Dear Kildara Homeowners: We ask for your support and comments. Please take a moment and review the attached letter to the City Planning Department and sign below. As a resident of the community, I support the garden center proposed at Amador Valley Blvd. and San Kamon Kd. Address Signature Please .forward your signed form to: City of Dublin At-tn: Janet Harbin 100 Civic Plaza · 24n Employee-Owned Company" 2900 E. Floute 05 Suite 200 G[endora, GA 91740-4573 (6£6) 914-~097 Fax (6£~) Dear Kildara Homeowners: We ask for your support and commems. Please take a moment and review the attached letter to the City Planning Department and sign below. As a resident of the community, I support the garden center proposed at Amador Valley Blvd. and San Ramon Rd. Comments: Please forward your signed form to: City of Dublin Attn: Janet Harbin , 100 Civic Plaza Dublin, CA 94568 ~5 ~/ lid '~n Employee-O~ed Co.any" 2200 E. Route 66, Suite 200 Glendora, CA 91740-4673 (626) 914~1091 F~ (626) 335-0257 Dear Kildara Homeowners: We ask for your support and comments. Please take a moment and review the attached letter to the City Planning Departmem and sign below. As a resident of'the community, I support the garden center proposed at Amador'Valley Blvd. and San Ramon Rd. Address Signature Comlrlents: Please forward your signed form to: City ofDublin Attn: Janet.Harbin 100 Civic Plaza . Dublin, CA 94568 ~ ~ //~ G rden Centers '~tn Employee-Owned Company" ,,~ 2200 E. Route 66, Suite 200 Glendor~, CA 91740-4673 (626) 914-I09'I Fax (626) 335-0257 Dear Kildara Homeowners: We ask for your support and comments. Please take a moment and review the attached letter to the City Planning Department and sign below. As a resident of the community, I support the garden center proposed at Amador Valley · Blvd. and San Ramon Rd. Signature ColrllTlerlt s: Please forward your signed form to: City of Dublin Attn: Janet Harbin 100 Civic Plaza Dublin, CA 94568 'la~n Employee-Owned Company" 2200 E. Route 66, Suite 200 Glendora, CA 91740-4fi73 (626) 914-1091 Fax (626) 335-0257 Dear Kildara Homeowners: We ask for your support and comments. Please take a moment and rewiew the~ attached letter to the City Planning Department and sign below. As a resident of the community, I support the garden center proposed at Amador Valley Blvd. and San Kamon Kd. , S~mamre Please forward your signed form to: City of Dublin Attn: Janet Harbin 1'00 Civic Plaza Dublin,-CA 94568 '7rn Employee. Owned Company; 9900 E. Route 65, Suite 200 Glendora, GA @1740-4678 (626) 914-709~ Fax (6£~) Dear K_ildara Homeowners: We ask.for your.support and comments. Please take a moment and review the attached letter to the City Planning Department and sign below. As a resident of the community, I support the garden center proposed at Amador Valley Blvd. and San Ramon Rd. Comments: Please forward your signed form to: " City of Dublin FIlECEiVBD Attn: Janet Harbin ~P.~ i.~, '~ ~00Z 1'00 Civic Plaza Dublin, CA ·94568 ~"J~L~ PLANN~{G ~ : '~ EmPloyee-Owned Company" 2200' E. Route 66, Suite 200 Glendora, CA 91740~673 (626) 914-1091 Fax,(626) 335-0257 De~ ~ld~a Homeo~ers: We ~k for yo~ Support ~d co~ents. Pte~e t~e a moment ~drevie~ t~ghed le~er to the Ci~ Plying Dep~ent and si~ below. As a resident of the community, I support the garden center proposed at Amador Valley Blvd. and San Ramon Rd. .. Ad.ess Signature ~' / Comments: Please forward your signed form to: City of Dublin Attn: Janet Harbin 100 Civic Plaza Dublin, CA 94568 G rden Centem '~ Employee. O~ed Company" ,~ 2200 E. Route 66, Suite 200 Glendora, CA 91740-4673 (626) 914-1091 Fax (626) 335.0257 DEar Kildara Homeowners: We ask for your support and comments. Please take a moment and review the attached letter to the City Planning Department and sign below. As a resident of the community, I support the garden center propOsed at Amador Valley Blvd. and San Ramon Rd. ~ddress ~. Signatureu /) Comments: Please forward your signed form to: City of Dublin Attn: Janet Harbin 100 Civic Plaza Dublin, CA 94568 "'~ G rden Centers 'Ten £mployee-Owned Company" 2200 E. Route 66, Suite'200 Gtendora, CA 91740-4673 (626) 914-1091 Fax (626) 335-0257 Dear Kildara Homeowners: We ask for your support and comments. Please take a moment and review the attached letter to the City Planning Department and sign below. As a resident of the community, I support the garden cemer proposed at Amador Valley Blvd. and San Ramon Rd. Address Comments: Please forward your signed form to: City of Dublin Attn: Janet Harbin 100 Civic Plaza Dublin, CA 94568 '~4n Employee-Owned Company" ~ 2200 E. Route 66, Suite 200 Glendora, CA 91740-4673 (626) 914-1091 Fax (626) 335-0257 Dear Kildara Homeowners: · We ask for your support,land comments.' PIeas6 take a mOment and review ~he a~tached letter to the City Planning Department and sign below. As a resident of the community, I support the garden center proPosed at Amador Valley Blvd. and San Ramon Rd. Please forward your signed form to: . City of Dublin ' , ©¢g¢~ Attn: Janet Harbin '¢~ "~ ~.%%%% ~ lO0'Civic Plaza t~?,?- ~".~ ,~ Dublin, CA 94568 ;t _CITY OF DUBLIN ".:5~.:~:~:::>' Website'. http:/twww.ci.dublin.ca.us August 23, 2002 Mr. Michael Perkins Sleep Shop Ltd 2500 Bisso Lane, #A-100 Concord, CA 94520 Re: PA 02-009 Armstrong Garden Center Project Dear Mr. Perkins: We received your letter of August 19, 2002, regarding your suggestions for the directional signage at the Garden Center for the Sleep Shop Ltd. business. The purpose of this letter is to clarify the City's regulations and confirm our previous conversations. The purpose of Directional Signage is .not to advertise the business, rather it is to provide for the public safety by directing pedestrians and vehicles to businesses or other services. Staff will review the Site Plan for the Armstrong Garden Center at the time of building permit issuance and determine the appropriate location of the signage and whether more than one is warranted. It is anticipated at this time that a sign would be located at the driveway entrance to the Armstrong Garden Center to direct vehicles or pedestrians into the parking lot drive aisle toward your business and the adjacent restaurant. Another sign may be necessary toward the northern end of the drive aisle, as well. As we discussed, if a replacement, combined monument sign were proposed that contained both the Armstrong Garden Center and the Sleep Shop, Staff would evaluate the height to determine if increased height would be warranted. At this time, the Applicant has not indicated if a new monument sign will be proposed for such use. If you have any additional questions, please contact me at (925) 833-6610. Since ~~ G:\pa02-009~Perkinsl .doc CC: Ted Stelzner, TJS Architects Chris Foss, Economic Development Director Jeri Ram, Planning Manager Area Code (925) · City Manager 833-6650 o City Council 833-6650 · Personnel 833-6605 · Economic Development 833-6650 Finance 833~6640 · Public Works/Engineering 833-6630 · Parks & Community Services 833-6645 ' Police 833-6670 Planning/Code Enforcement 833-6610 · Building Inspection 833-6620 . Fire Prevention Bureau 833-6606 August 19, 2002 Janet. Harbin, Senior Planner City of Dublin 100 Civic Plaza Dublin, CA 94568 Re: Our meeting of Fdday, August 16, 2002 Dear Janet: Thank you for your suggestions regarding signage at our Dublin store. It is my understanding that you will let Armstrong Garden Center know that we are asking for 3 signs along Amador Valley Blvd. directing our customers toward the parking lot and throughway entrance. These signs are 8 square feet each, and can be mounted either to their proposed iron fencing, or can be placed on poles outside of their fence-line. Aisc, you were going to ask Armstrong what signage they had in mind at the entrance to their parking lot, and our throughway, that lets customers know this is the correct way to Sleep Shop Ltd. I also understood from our meeting that you would support a proposal that would allow us, in conjunction with Armstrong, to increase the height of the current Sleep Shop Ltd. monument sign and place both Sleep Shop Ltd. and Armstrong Garden Center on the sign. I will follow up with their architect on this matter. Thank you again for your efforts. Michael Perkins RECEIVED 2500 Bisso Lane,#A-100 ~U~ 2 ~g ZOOZ Concord,CA 94520 ~ ~ 602-4683 DUBLIN PLANNING FAX ~ 602-4688 A regular meeting of the City of Dublin Planning Commission was held on Tuesday, August 13, 2002, in the Dublin Civic Center City Council Chambers. Vice Chair Musser called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners, MUsser, Jennings, Nassar and Fasulkey; Jeri Ram, Planning Manager; Janet Harbin, Senior Planner; Kristi Bascom, Associate Planner; Mike Porto, Project Planner; and Renuka Dhadwal, Recording Secretary. Absent: Cm. Johnson PLEDGE OF ALLEGIANCE TO THE FLAG Cm. Musser led the Commission, Staff, and those present in the pledge of allegiance to the flag. ADDITIONS OR REVISIONS TO THE AGENDA -None Minutes of July 23, 2002 meeting were approved as submitted. ORAL COMMUNICATIONS - None WRITTEN COMMUNICATIONS - None PUBLIC HEARING 8.1 PA 02-009 Armstrong Garden Center- San Ramon Road Specific Plan Amendment, Planned Development (PD) Rezoning, Conditional Use Permit, Site Development Review and Sign/Site Development Review - An amendment to the San Ramon Road Specific Plan to allow retail garden centers in conjunction with a.Stage 1 and Stage 2 Planned Development (PD) Rezoning, Conditional Use Permit and Site Development Review, and Sign/Site Development Review for an approximately 30,810 square foot retail garden center with an approximately 6,400 square foot building and 24,410 square foot outdoor storage and landscaped area on 1.162 acres. PFannin~ Commission 15 August 13, 2002 Regular ~4eeting ATI'ACflMENT Cm. Musser asked for the staff report. Janet Harbin, Senior Planner presented the staff report and stated that the applicant is seeking an amendment to the San Ramon Road Specific Plan to add a Garden Store as a conditional use as well as an amendment to the circulation system in the plan. Also associated with the project is a request for Conditional Use Permit and Site Development Review. Additionally, the applicant is proposing wall signage for the building through a Sign/Site Development Review. Ms. Harbin gave a presentation describing the proposed site plan for the project, proposed accent area, proposed landscaPing, proposed planting plan and the elevation for the project. She also showed the location of the proposed project in relation to the surrounding businesses. The applicant is proposing streetscape improvements as is required by Public Works Conditions of Approval along Amador Valley Ct. In the area along San Ramon Road, the applicant is adding landscaping and would enhance the existing landscape. Additionally, the applicant would also be preserving several existing trees. Ms. Harbin stated that the applicant is providing 33 parking spaces. The site would be short a few parking spaces. They will add 6 spaces in the Kindercare parking lot out of which 3 would be specifically allocated to be used by Armstrong Garden Center. Ms. Harbin stated that there is an oak tree in the parking lot which would take up at least one parking space. Due to the Heritage Tree Ordinance requirement that any tree beyond 24 inches in diameter be preserved, Staff is recommending the preservation of this oak tree, which is 23 inches in diameter and slightly below the size requirement as it is a good specimen. However, Staff is also recommending that an Arborist be on-site during construction to inspect the depth of the roots and to recommend measures to preserve and reduce damage to the oak tree. There may be a possibility that two or three parking spaces would be lost. If two spaces are lost with preservation of the tree; there would still be sufficient parking for the use. If three are lost, the applicant will need to provide an additional space elsewhere. The Arborist in the field will determine the number lost during site development. A condition is included in the Conditions of approval addressing this issue. Ms. Harbin explained the design for the building, color of the building, color of roof, trellises and the proposed fence around the entire property. Ms. Harbin explained that Michael Perkins, business owner for Sleep Shop, would make a presentation expressing his concerns regarding the impact on the visibility and access to his business due to the proposed project. Ms. Harbin explained that the access way into the site currently is just 80 ft from the intersection. The Public Works' standard distance for an access way from the intersection is 150 ft. for safety reasons. Cm. Fasulkey asked what would the mitigation process be for the parking space taken by the oak tree. Ms. Harbin responded that it Would depend on the location of the roots of the tree. However, Staff spoke to an Arborist who suggested a pervious covering or an underground irrigation system. The Arborist in the field needs to determine appropriate measures. Cm. Nassar asked if the 150 fi. clearance for the access way from the intersection was a new zoning requirement. Ms. Harbin responded that it was a standard requirement by Public Works department. The new access way would be approximately 240 ft from the intersection. Cm. Nassar asked about other projects that were less than 150 fi., specifically he wanted to know if the Petco store access way on Dublin Blvd was less than 150 ft. Ms. Ram stated that the City would like to keep the access way clearance at 150 ft. which is optimum, but sometimes due to the configuration of the parcels compromises are made and care is taken to ensure the circulation of the traffic is smooth. She stated that she has no information about the Petco store access way. Cm. Jennings asked about the proximity of the access way for the Armstrong Center to the Kindercare access way. Ms. Harbin responded that it would be fairly close around 48 ft. from curb to curb. She added that the ®fannint7 Commission 15 a~ulIust 13, 2002 ~ettufar S~4eetintt Public Works Department did not think it would create any major problems based on the anticipated volume of traffic from each use. Cm. Fasulkey asked if there was any thought given to pedestrian access for the Center from the San Ramon side of the road. Ms. Harbin responded that due to security reasons that possibility was not considered, but the applicant could best address this. Cm. Musser asked if there was any existing easement between the property owner for the project site and the business owner of Sleep Shop for the existing access way. Ms. Harbin responded that there was no recorded easement but the property owner, Mr. Nichandros, has allowed parking over the years for the potential customers of Sleep Shop. Cm. Musser stated that the staff report indicates the applicant is requesting a reduction in parking from the standard requirement and that a parking study was performed. Since the Commission did not receive a copy of the Study, can Staff explain the basis for that request? Ms. Harbin responded that the applicant is requesting a 25% reduction in parking ratio which is allowed under the San Ramon Road Specific Plan. The Zoning Ordinance for such a use allows 45 parking spaces and with a 25% reduction, it would require 34 parking spaces. The applicant from its past experience has found that only 26 to 29 parking spaces were needed at a given time. They have also provided Staff with parking studies prepared for their stores at other locations, which support that number. The peak usage period was determined to be the weekends when most of the spaces are utilized. If there is a parking problem in the future, then street parking along Amador Valley Ct. may be allowed. Additionally, a shared parking agreement with Kindercare or the surrounding property owners can be WOrked out if parking problems result. Cm. Musser expressed some concerns about the oak tree and the success of its preservation. Cm. Musser opened the public hearing and asked for the applicant. Joe Amaral, head of Real Estate and Construction for Armstrong Garden Center, spoke on behalf of Armstrong and said they appreciate the opportunity to be in the City of Dublin. He gave a brief background about Armstrong and its operations. Ted Stelzner, Project Architect, stated that he would try and answer the questions that were raised by the Commissioners. He stated that Armstrong would do whatever the Arborist requires them to do to save the oak tree. He also talked about parking issues and that discussions were held with Kindercare to share their parking space. The outcome is that Armstrong will be constructing 6 additional parking spaces in the Kindercare area, out of which Armstrong would utilize 3 parking spaces. He pointed out that the hours of operation for the Garden Center would be from 9:00 a.m to 5:00 p.m., which would not conflict with the Kindercare operations during their peak periods. He addressed the issue of access from the street into the Center stating that it raises security issues since monitoring two entries may be a problem. He also talked about the proposed landscaping for the project. Cm. Jennings asked if the design was standard for all the stores. Mr. Stelzner responded that the base design is the outcome of a customer focus group and has become a standard feature for all stores. ®[anning Commission 15 ~uttust 13, 2002 qLett u[a r yrt eet i nt7 Cm. Jennings asked the schedule for delivery. Mr. Stelzner responded that there are 3 to 5 deliveries a day which is spread out throughout the day. Cm. Musser had a maintenance question for the trellises. Mr. Stelzner explained that the trellises would be stained semi-transparent every 2 to 3 years. Cm. Musser wanted to know what size vehicles.were used for delivery. Mr. Stelzner responded that the average size ora delivery vehicle is 35 ft and the largest track is 55 ft. The average time taken to unload is about 25 minutes. Nina Wixson, resident of 7403 Cronin Circle and the President of the Kildara Homeowners Association expressed her views on the project. She stated that the residents of the Kildara Association welcome the project. However, she stated that a Stop sign should be placed at the exit from the parking area for the safety of pedestrians. She also recommended that on-street parking should not be allowed due to safety issues involved. She further stated that from an aesthetic point of view, the color of the building should complement the surrounding businesses. Michael Perkins, owner and operator of Sleep Shop, made a presentation and expressed his concerns regarding the project. He had two specific areas of concern: visibility and accessibility. He explained that these could affect the value of his property tremendously and would impact his business. He was concerned that the 8 ft. fence and 11 ft. trellises would also bury his store. He stated that consideration should be given to address this issue. The second major concern he had was the accessibility issue. He stated that his potential customers would have to come through the Armstrong driveway, and hence, he may lose clientele due to the difficulty in accessing the store. He also stated that the proposed 8 fi. fence should be reduced to 6 feet, which would give his store some visibility. He stated that he had met with Ms. Harbin and later had one meeting with the representatives of Armstrong and at the time had suggested cutting back the trellises for visibility, which was not welcomed by them at that time. He suggested another meeting with Armstrong and the City to work out some mutual solutions to the issues. Mr. Stelzner addressed some of the concerns raised by Mr. Perkins. He also stated that the applicant would try to either reduce the height of the trellis in that comer or remove two of the comer areas to increase the visibility to his store. He also offered on behalf of Armstrong to place a directional sign for the Sleep Shop on the Armstrong property. Cm. Musser expressed concerns regarding the architecture. He pointed out that the architecture for the surrounding businesses and the residential development is Spanish style with tiled roOf, and hence, having a barn with green roof may not complement the surrounding architecture. Mr. Stelzner explained that although some of the landscaping proposed and the doors and the window trimmings for the proposed building matches the surrounding architecture, the color of the roof cannot be changed since it is an integral part of the design which links with the lighting, trellis, metal frames and the color of the fence. · Cm. Musser asked Staff if the City could place some kind of sign for Mr. Perkins' store. Ms. Ram indicated that the City can place a directional sign which would be exempt from the Sign Ordinance. ®[annin~ Commission 15 d~ugust 13, 2002 qLeguFar ~rteetinB lib adopted: RESOLUTION NO. 02-28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF .DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT PA 02-009 ARMSTRONG GARDEN CENTER SPECIFIC PLAN AMENDMENT TO AREA 3 (SAN RAMON PROPERTIES) OF THE SAN RAMON ROAD SPECIFIC PLAN RESOLUTION NO. 02- 29 A RESOLUTION OF THE 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 +_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 &fannin~ Commission 15 a~u~ust 13, 2002 q~ettufar ~eeting RESOLUTION NO. 02-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THE CITY COUNCIL ADOPT THE ORDINANCE APPROVING THE PLANNED DEVELOPMENT (PD) REZONING/DEVELOPMENT PLAN (STAGE 1 & 2) FOR PA 02-009 ARMSTRONG GARDEN CENTER LOCATED AT 7360 SAN RAMON ROAD The Commission took a five-minute recess. 8.2 PA 02-019 Tri Valley Auto Wholesale Conditional Use Permit for Auto Sales and Service - Application for a Conditional Use Permit for an Auto Sales and Service establishment in an existing industrial building. Cm. Musser asked for the staff report. Ms. Kristi Bascom, Associate Planner, presented the staff report. She explained that the application is for a Conditional Use Permit for auto sales and service for Tri Valley Auto Wholesale. She gave a brief background about the business. She stated that the business occupies 3 suites in a commercial/industrial building. The entire building is about 55,000 sq. ft. and is divided into 40 individual suites. She briefly talked about the zoning for the property and the conditions of approval for the project. Cm. Musser opened the public hearing and asked for the applicant. Danny Jones, the owner o£the auto center stated that the application is simple and straightforward and would answer any questions Commission may have. Cm. Musser asked what kind of autos the applicant/owner sold. Mr. Jones responded that he sells Honda, Acura and Toyota vehicles. Cm. Musser closed the public hearing and asked for a motion. On a motion from Jennings, seconded by Nassar, and by a vote of 4-0, with Cm. Johnson absent, the Planning Commission adopted: RESOLUTION NO. 02-31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT REQUEST TO OPERATE AN AUTO SALES AND SERVICE ESTABLISHMENT IN AN EXISTING INDUSTRIAL BUILDING LOCATED AT 6398 DOUGHERTY ROAD, SUITES 10, 11, AND 12 PA 02-019 ~[anning Commission 15 a~utIust 13, 2002 q(eguEar ~4eeting