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HomeMy WebLinkAboutPC Reso05-36 Auto/Vehicle Storage CUP/SDR RESOLUTION NO. 05-36 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING SITE DEVELOPMENT REVIEW AND CONDITIONAL USE PERMIT TO ALLOW AN AUTOMOBILENEHICLE STORAGE LOT IN A M-l (LIGHT INDUSTRIAL) ZONING DISTRICT AT 6085 SCARLETT DRIVE ASSESSOR PARCEL NUMBER 941-0550-019-09 WHEREAS, the Applicant, Joe Murphy of Dillon & Murphy Civil Engineers, has requested approval of a Site Development Review and Conditional Use Permit to allow an AutomobileNehicle Storage Lot in a M-1 (Light Industrial) Zoning District at 6085 Scarlett Drive; and WHEREAS, AutomobileNehicle Storage is a use that is conditionally permitted in a M-1 (Light Industrial) Zoning District; and WHEREAS, the General Plan land use designation for the project site is Business Park/Industrial and Outdoor Storage; and WHEREAS, the parcel is currently vacant and the proposed automobile/vehicle storage lot will occupy the southernmost acre of the 3-acre parcel (APN 941-0550-019-09) and WHEREAS, Conditions of Approval recommended for the project will ensure that the property is developed in an attractive and safe manner, with full frontage and landscape improvements and will appear as an integral part of the existing auto dealership to the south of the proposed site (currently Dublin Nissan); and WHEREAS, the proposed project, as conditioned, is consistent with the Dublin General Plan and the Zoning District in which it is located, and represents an appropriate project for the site; and WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines and City environmental regulations, require that certain projects be reviewed for environmental impact and that environmental documents be prepared; and WHEREAS, the project has been found to be Categorically Exempt from the California Environmental Quality Act (CEQA), according to the CEQA Guidelines, Section 15303 (New construction of limited small facilities); and WHEREAS, the Planning Commission held a properly noticed public hearing on said application on June 14,2005; and WHEREAS, the Staff Report was submitted recommending that the Planning Commission application be conditionally approved; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth and used their independent judgment to make a decision. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does find the following: CUP-A The proposed use and related structure is compatible with other land uses, transportation and service facilities in the vicinity. Nearby businesses in this light industrial area include automobile/vehicle sales and service as well as other similar industrial and commercial uses. CUP-B The proposed use will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare, because the proposed use creates no recognizable negative impacts. CUP-C The proposed use will not be injurious to property or improvements in the neighborhood because the site is adjacent to like commercial and industrial uses. CUP-D There are adequate existing provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to the public health, safety, and welfare, because no increase in public service demands will result from the proposed use. CUP-E The subject site is physically suitable for the type, density and intensity of the use being proposed because the existing site is of adequate size to serve the use and will be made integral to the auto dealership to the south. CUP-F The proposed use is compatible with the specific intent established for the M-1 (Light Industrial) Zoning District, which is to "provide industrial areas to accommodate enterprises . . . in a manner consistent with the General Plan." CUP-G The proposed use is consistent with the Dublin General Plan. SDR-A The proposed use and site improvements (as conditioned) are consistent with the purpose and intent of the Site Development Review Chapter, which is to promote orderly, attractive, and harmonious site and structural development compatible with both individual site constraints and surrounding properties and neighborhoods. SDR-B The proposed use and site improvements (as conditioned) comply with the development regulations and performance standards ofthe M-1 (Light Industrial) Zoning District. SDR-C The proposed use and site improvements (as conditioned), including site layout, vehicular access, circulation, and parking, walls/fences, public safety, and similar elements have been designed to provide a desirable environment for the development. SDR-D Landscape considerations, including the location, type, and size of plant materials and similar elements, have been incorporated into the project application to ensure visual relief and an attractive environment for the public. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve PA 04-047, a Site Development Review and Conditional Use Permit to allow an AutomobileNehicle Storage Lot in a M-1 (Light Industrial) Zoning District at 6085 Scarlett Drive, as generally depicted by the Project Application, Staff Report and the Project Plans dated received April 25, 2005 and labeled Attachment 2, stamped approved and on file with the City of Dublin Planning Department, subject to compliance with the following conditions: CONDITIONS OF APPROVAL: This Conditional Use Permit and Site Development Review approval for PA 04-047 (Dublin Nissan Parking Lot Expansion) establishes Conditions of Approval for the establishment of the AutomobileN ehicle Storage Lot and the design of the site. 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, [DSRSD] Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health [DEH]. CONDITIONAL USE PERMIT CONDITIONS OF ApPROV AL 1) Review and Permitting Authority. The Applicant shall comply with all applicable regulations and requirements of the City of Dublin Building Division, Planning Division, Alameda County Fire Department, Dublin Police Services, and Dublin Public Works Department. 2) Nuisance. The Applicant shall control all business activity so as not to create a public or private nuisance to the existing and surrounding businesses and residents. [PL, PO] 3) Revocation. The Conditional Use Permit shall be valid until this time so long as the operators of the subject property comply with the project's conditions of approval and shall be revocable for cause in accordance with Dublin Zoning Ordinance Section 8.96.020.1, Revocation. Any violation of the terms and conditions ofthis permit may be subject to the issuance of a citation. [PL, PO] 4) Use Restrictions. The following conditions are required by the Planning Division and compliance is required on an ongoing basis: a) The parking lot expansion area shall be used for inventory storage only and no customer, employee, or in-service parking shall be permitted. b) Employees only shall have access the site to retrieve or store a vehicle, no customer access to the site shall be provided or permitted. c) The Scarlett Drive driveway shall be closed at all times, except for when vehicles are being delivered to the site or when a vehicle is being retrieved from or delivered to the site by an employee. d) There shall be absolutely no loading or unloading of materials, vehicles, or other items in the public right of way (Scarlett Drive). All deliveries and delivery trucks must be accommodated on the project site or on the auto dealership parcel to the south (Currently Dublin Nissan) in the locations shown on the project plans. e) Only the southernmost portion of Parcel 941-0550-019-09 at 6085 Scarlett Drive, as shown on the project plans, is approved for automobile/vehicle storage. This site measures 305.65 feet deep by 127.81 feet wide (39,065 square feet). The remaining northernmost portion of the parcel does not receive any approvals associated with this application. £) All of the parking spaces on site can be used for the parking of inventory vehicles as long as the user of the site continues to be the same company/organization that occupies the auto dealership parcel immediately to the south. If that changes in the future, on-site parking will need to be provided for employees and/or guests as appropriate. 5) Public Safety. The following conditions are required by Dublin Police Services and compliance is required on an ongoing basis: a) Safe, Clean and Litter-Free. Both the applicant and property owner shall be responsible for maintaining the premises in a safe, clean and litter-free conditions at all times. b) Security. The Applicant shall comply with all applicable City of Dublin Non-Residential Security Ordinance requirements. c) Theft protection. The applicant shall work with Dublin Police on an ongoing basis to establish an effective theft prevention and security program. d) Lighting. Lighting in the lot area shall meet the current City of Dublin Non Residential Security Ordinance. 6) Fire Safety. The following condition is required by the City of Dublin Fire Prevention Bureau and shall be complied with on an ongoing basis: a) Provide a Knox box to the gates to the lot. The Knox box shall contain a key or switch that provides access through the gates. Order form for the lock box are available at the Fire Prevention Office (phone 925/833-6606). The key can be placed in the box during the Fire Department inspection. Compliance required prior to the establishment of the use. SITE DEVELOPMENT REVIEW CONDITIONS OF ApPROVAL: Planning Division Conditions of Approval. The followim! conditions are required bv the Planning Division and compliance is required on an ongoing basis unless otherwise stated. 7) Signage. No commercial or advertising signage is permitted as part of this application. 8) Legal establishment of use pursuant to the Site Development Review Permit. Although there are no building permits for structures being issued for the site, the Applicant will be required to obtain a grading and improvement permit and encroachment permit from Public Works, an irrigation permit from the Building Division for landscaping, a Fire Department inspection, and a final inspection from the Planning Division to ensure compliance with all of the Conditions of Approval contained herewithin prior to occupying the site and the legal establishment of the use. 9) Fees. Although there are no building permits for structures being issued for the site, the Applicant will be required to pay all applicable fees in effect at the time of the establishment of the use. Said fees shall, include, but may not limited to, Dublin San Ramon Services District fees and Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees. Fees are subject to change without notice and are due at the time of the establishment of the use. 10) Further approvals required. The following items will need to be reviewed and approved by the Planning Division before installation: a) Perimeter fencing. Fencing, or an alternative means of securing the site which is acceptable to Dublin Police Services, shall be utilized around the perimeter of the site. An effective means of securing the driveway onto Scarlett Drive shall be incorporated into the design of the fencing as well. Both the fencing design and method of driveway security shall be subject to Planning review and approval prior to installation. At a minimum, the fencing shall be a decorative tubular steel (or similar product). No cyclone fencing or razor/barbed wire shall be permitted. b) Landscape plan. The landscape plan shall be revised to include landscaping in the bioswale areas, the application of groundcover in the perimeter planting areas, and the location of electrical transformers to be located on the site (if any). Public Works Conditions of Approval. The following conditions are required bv the Public Works Department and compliance is required on an ongoing basis unless otherwise stated. 11) Standard Public Works Conditions of Approval. Applicant/Developer shall comply with all applicable City of Dublin Public Works Standard Conditions of Approval (Attachment A). In the event of a conflict between the Public Works Standard Conditions of Approval and these Conditions, these Conditions shall prevail. When Required: Ongoing 12) Improvement and Grading Plans. All improvement and grading plans submitted to the Public Works Department for review/approval shall be prepared in accordance with the proposed plans, these Conditions of Approval, and the City of Dublin Municipal Code including Chapter 7.16 (Grading Ordinance). When submitting plans for review/approval, the Applicant/Developer shall also fill-out and submit a City of Dublin Improvement Plan Review Checklist (three 8-112" x 11" pages). Said checklist includes necessary design criteria and other pertinent information to assure that plans are submitted in accordance with established City standards. The plans shall also reference the current City of Dublin Standard Plans (booklet), and shall include applicable City of Dublin Improvement Plan General Notes (three 8-112" x 11" pages). For on-site improvements, the Applicant/Developer shall adhere to the City's On-site Checklist (eight 8-112" x 11 " pages). All of these reference documents are available from the Public Works Department (call telephone 925-833-6630 for more information). When Required: Prior to issuance of Grading/Sitework Permit. 13) GradinglSitework Permit. All site improvement work and public right-of-way work must be performed per a Grading/Sitework Permit issued by the Public Works Department. Said permit will be based on the final set of improvement plans to be approved once all of the plan check comments have been resolved. Please refer to the handout titled Grading/Site Improvement Permit Application Instructions and attached application (three 8-1/2" x 11" pages) for more information. The Applicant/Developer must fill in and return the applicant information contained on pages 2 and 3. The current cost of the permit is $10.00 due at the time of permit issuance, although the Applicant/Developer will be responsible for any adopted increases to the fee amount. When Required: Prior to issuance of Grading/Sitework Permit. 14) Joint Utility TrencheslUtility Plans. Applicant/Developer shall construct all joint utility trenches (including electric, telecommunications, cable TV, and gas) in accordance with standards enforced by the appropriate utility agency. All vaults, electric transformers, cable TV boxes, blow-off valves and other utility features shall be placed underground and located behind the proposed sidewalk within the public service easement, unless otherwise approved by the City Engineer/Public Works Director. Conduit shall be under the public sidewalk within the right of way to allow for street tree planting. Utility plans showing the location of all proposed utilities shall be reviewed and approved by the City EngineerlPublic Works Director prior to installation. When Required: Prior to installation. 15) Storm Drainage. The ApplicantlDeveloper shall modify or replace the existing storm drainage system to convey the on-site storm runoff to the existing public storm drain system. Not more than ~ acre of the site will be allowed to surface drain to the abutting public streets through the driveway, and in no event shall storm runoff flow across the public sidewalks. When Required: Prior to issuance of Grading/Sitework Permit. 16) Parking. The parking lot shall be constructed in accordance with the City of Dublin standards. All parking stalls shall be built in accordance with Building Code and Municipal Code requirements. When Required: Prior to establishment of use. 17) Pavement Slopes. Pavement slopes within the parking field shall not exceed 5% in any direction, and shall not be flatter than 1 %. Within any parking stall designated for the physically disabled, the slope shall not exceed 2% in any direction. When Required: Prior to establishment of use. 18) Public Improvements. The Applicant/Developer shall replace all damaged improvements, along the project frontage, within the public right-of-way, including curb, gutter, sidewalks, driveways, paving and utilities to the satisfaction of the Director of Public Works. Any improvement constructed within the public right-of-way shall be constructed in accordance with the City's approved standards. An encroachment permit will be needed from the City of Dublin for any work within the public rights of way. The Applicant/Developer shall replace damaged sidewalk on the Scarlett Drive frontage, and replace pavement markings as needed. When Required: Prior to establishment of use. 19) Driveway. The Applicant/Developer shall replace/modify existing driveway at Scarlett Drive per current City of Dublin Standards, which meets current ADA/Title 24 standards. When Required: Prior to establishment of use. 20) Storm Drainage StudylRequired Improvements. Applicant/Developer shall prepare a Storm Drainage Study for the properties and roads to be developed/constructed with the project. The Study shall include a hydrology map and hydraulic calculations. Since the project will substantially increase the imperviousness of the site, the Study must demonstrate that design flows do not adversely impact existing hydraulics downstream of the project. The Study is therefore subject to review and approval by both the City of Dublin and Zone 7. All storm drain improvements and mitigation measures identified in the Study and/or specified by the City Engineer shall become requirements of this project. When Required: Prior to issuance of Grading/Sitework Permit. 21) Storm Drain Improvements. Prior to issuance of the first Certificate of Occupancy for the Project, the storm drainage systems off-site as well as on-site serving the areas to be occupied shall be improved to the satisfaction and requirements of the Dublin Public Works Department applying City's and Zone 7 Water Agencies standards and policies. When Required: Prior to issuance of Grading/Sitework Permit. 22) Overland Storm Drain Flow. To accommodate potential overland flow, the parking lot grading and on- site storm drain system shall be designed to convey storm water overland to public street right-of-way (Scarlett Drive) without inundating the buildings in the event the pipe network becomes plugged. When Required: Prior to issuance of Grading/Sitework Permit. 23) FEMA Flood Zone. According to the Flood Insurance Rate Map published by FEMA (Community Panel Number 060705-0001 B) the site is entirely located with Flood Zone A. All proposed structures must be elevated at least I-foot above this flood elevation, or the structures shall be flood-proofed. When Required: Prior to issuance of Grading/Sitework Permit. 24) Erosion Control during Construction. Applicant/Developer shall include an Erosion and Sediment Control Plan with the Grading and Improvement plans for review and approval by the City Engineer/Public Works Director. Said plan shall be designed, implemented, and continually maintained pursuant to the City's NPDES permit between October pt and April 15th or beyond these dates if dictated by rainy weather, or as otherwise directed by the City Engineer/Public Works Director. When Required: Prior to issuance of Grading/Sitework Permit and during construction. 25) Water Quality/Best Management Practices. Pursuant to the Alameda Countywide National Pollution Discharges Elimination Permit (NPDES) No. CAS0029831 with the California Regional Water Quality Control Board (RWQCB), the Applicant/Developer shall design and operate the site in a manner consistent with the Start at the Source publication, and according to Best Management Practices to minimize storm water pollution. In addition to the biofiltration swales within the parkinglot, in-line filtration devices may be necessary to serve runoff areas that will not drain to biofiltration swales due to grading constraints. The applicant shall file a Notice of Intent with the RWQCB and shall prepare and submit a Storm Water Pollution Prevention Plan for the City EngineerlPublic Works Director's review/approval. Finally, all storm drain inlets serving vehicle parking areas shall be stenciled "No Dumping - Flows to Bay" using stencils available from the Alameda Countywide Clean Water Program. When Required: Prior to issuance of Grading/Sitework Permit. 26) Storm Water Treatment Measures Maintenance Agreement. Applicant/Developer shall enter into an agreement with the City of Dublin that guarantees the property owner's perpetual maintenance obligation for all storm water treatment measures installed as part of the project. Said agreement is required pursuant to Provision C.3.e.ii of RWQCB Order R2-2003-0021 for the reissuance of the Alameda Countywide NPDES municipal storm water permit. Said permit requires the City to provide verification and assurance that all treatment devices will be properly operated and maintained. When Required: Prior to establishment of use. 27) Required Permits. ApplicantlDeveloper shall obtain all necessary permits required by other agencies (e.g., Alameda County Flood Control District Zone 7, Alameda County Health Agency (if necessary), State Water Quality Control Board, etc.) and shall submit copies of the permits to the Department of Public Works. When Required: Prior to establishment of use. 28) Construction Noise Management Program/Construction Impact Reduction Plan. ApplicantlDeveloper shall conform to the following Construction Noise Management Program/Construction Impact Reduction Plan. The following measures shall be taken to reduce construction impacts: a) Off-site truck traffic shall be routed as directly as practical to and from the freeway (1-580) to the job site. Primary route shall be from 1-580 to Dougherty Road to Dublin Boulevard. An Oversized Load Permit shall be obtained from the City prior to hauling of any oversized loads on City streets. b) The construction site shall be watered at regular intervals during all grading activities. The frequency of watering should increase if wind speeds exceed 15 miles per hour. Watering should include all excavated and graded areas and material to be transported off-site. Construction equipment shall use recycled or other non-potable water resources where feasible. c) Construction equipment shall not be left idling while not in use. d) Construction equipment shall be fitted with noise muffling devices. e) Mud and dust carried onto street surfaces by construction vehicles shall be cleaned-up on a daily basis. £) Excavation haul trucks shall use tarpaulins or other effective covers. g) Upon completion of construction, measures shall be taken to reduce wind erosion. Replanting and repaving should be completed as soon as possible. h) After grading is completed, fugitive dust on exposed soil surfaces shall be controlled using the following methods: i) Inactive portions of the construction site shall be seeded and watered until grass growth is evident. ii) All portions ofthe site shall be sufficiently watered to prevent dust. iii) On-site vehicle speed shall be limited to 15 mph. iv) Use of petroleum-based palliatives shall meet the road oil requirements of the Air Quality District. Non-petroleum based tackifiers may be required by the City Engineer/Public Works Director. i) The Department of Public Works shall handle all dust complaints. The City EngineerlPublic Works Director may require the services of an air quality consultant to advise the City on the severity of the dust problem and additional ways to mitigate impact on residents, including temporarily halting project construction. Dust concerns in adjoining communities as well as the City of Dublin shall be addressed. Control measures shall be related to wind conditions. Air quality monitoring of PM levels shall be provided as required by the City Engineer/Public Works Director. j) Construction interference with regional non-project traffic shall be minimized by: i) Scheduling receipt of construction materials to non-peak travel periods. ii) Routing construction traffic through areas ofleast impact sensitivity. iii) Routing construction traffic to minimize construction interference with regional non-project traffic movement. iv) Limiting lane closures and detours to off-peak travel periods. v) Providing ride-share incentives for contractor and subcontractor personnel. k) Emissions control of on-site equipment shall be minimized through a routine mandatory program of low-emissions tune-ups. When Required: Ongoing during construction. 29) Geotechnical Report and Recommendations. The Applicant/Developer shall provide a site specific geotechnical report prepared by a reputable geotechnical engineer. The Geotechnical Engineer shall certify that the project design conforms to the report recommendations prior to issuance of a Grading/Sitework Permit or Building Permit. All report recommendations shall be followed during the course of grading and construction. When Required: Prior to issuance of Grading/Sitework Permit and during construction. 30) Stop Controls. Stop control devices for vehicles, including an R1 STOP sign, STOP pavement legend, 12"-wide white stop bar stripe, and appropriate delineation, shall be provided at the following locations: a) At exit aisle approaches to Scarlett Drive. b) At other locations deemed reasonably necessary by the City Engineer/Public Works Director during final design and/or construction. When Required: Prior to issuance of Grading/Sitework Permit. 31) Vehicle Parking. Applicant/Developer shall construct on-site paved parking areas and spaces inventory, and display parking according to the zoning requirements of the use. Occupancy of the development will be dependent upon Applicant/Developer completing the necessary parking areas to serve that phase. All parking spaces shall be double striped using 4" white lines according to Figure 76-3 and Code §8.76.070 (A) 17 of the Municipal Code. When Required: Prior to establishment of use.. 32) Parking ProhibitionslRestrictions. Vehicle parking shall be prohibited/restricted in the following locations: a) Prohibited along the east side of Scarlett Drive. This parking prohibition shall be indicated with R26 "No Parking" signs installed at a spacing not to exceed 200'. b) Prohibited in all areas within the parking area except within marked spaces. c) Prohibited or restricted at other locations deemed reasonably necessary by the City EngineerlPublic Works Director during final design and/or construction. When Required: On-going. 33) Signing and Striping Plan. A signage and striping plan shall be submitted to the Public Works Department for review and approval for all traffic control devices to be installed in the public right-of- way with this project. When Required: Prior to issuance of Grading/Sitework Permit. 34) Lighting. In general, all exterior areas shall be illuminated with a minimum uniformly-maintained level of I-foot candle at the ground surface. Also assure that trees or other landscaping materials do not conflict with the light fixture locations or obstruct the light from each fixture. When Required: Prior to installation of light fixtures and installation of landscaping. 35) Relocation of Existing Improvements/Utilities. Any necessary relocation of existing improvements or utilities shall be accomplished at no expense to the City. When Required: Prior to establishment of use. 36) Landscaping at Driveways/Intersections. Landscaping at intersections and driveways shall be such that sight distance is not obstructed for drivers. Except for trees, landscaping shall not be higher than 30 inches above the curb in these areas. When Required: Prior to establishment of use. 37) Temporary Construction Fencing. Temporary Construction fencing shall be installed along the perimeter of all work under construction to separate the construction operation from the public. All construction activities shall be confined to within the fenced area. Construction materials and/or equipment shall not be operated or stored outside of the fenced area or within the public right-of-way unless approved in advance by the City EngineerIPublic Works Director. When Required: Ongoing during construction. 38) Construction Hours. Standard construction and grading hours shall be limited to weekdays (Monday through Friday) and non-City holidays between the hours of 7:30 a.m. and 6:00 p.m. The Applicant/Developer may request reasonable modifications to such determined days and hours, taking into account the seasons, impacts on neighboring properties, and other appropriate factors, by submitting a request form to the City Engineer/Public Works Director. For work on Saturdays, said request shall be submitted no later than 5:00 p.m. the prior Wednesday. Overtime inspection rates will apply for all after- hours, Saturday, and/or holiday work. When Required: Ongoing during construction. 39) DamagelRepairs. The Applicant/Developer shall be responsible for the repair of any damaged pavement, curb & gutter, sidewalk, or other public street facility resulting from construction activities associated with the development of the project, to the satisfaction of the City Engineer/Public Works Director. When Required: Prior to establishment of use. 40) Occupancy Permit Requirements. Prior to establishment of use, the physical condition of the project site shall meet minimum health and safety standards including, but not limited to the following: a) The streets and walkways providing access to each building shall be complete, as detern1Íned by the City Engineer/Public Works Director, to allow for safe, unobstructed pedestrian and vehicle access to and from the site. b) All traffic control devices on streets providing access to the site shall be in place and fully functional. c) Lighting for the streets and site shall be adequate for safety and security. All streetlights on streets providing access to the buildings shall be energized and functioning. Exterior lighting shall be provided for building entrances/exits and pedestrian walkways. Security lighting shall be provided as required by Dublin Police. d) All fire hydrants shall be operable and easily accessible to City and ACFD personnel. e) All site features designed to serve the disabled (i.e. H/C parking stalls, accessible walkways, signage) shall be installed and fully functional. When Required: Prior to establishment of use. PASSED, APPROVED, AND ADOPTED this 14th day of June 2005. AYES: Chair Schaub, Cm. Biddle, Fasulkey, King, and Wehrenberg NOES: ABSENT: ABSTAIN: J di/~ Planning Commission Chairperson ATTEST: 4~ \. / Planning Mager G:\PA#\2004\04-047 Dublin Nissan Parking Lot ExpaJlsion\COAs.doc CITY OF DUBLIN PUBLIC WORKS STANDARD CONDITIONS OF APPROVAL GENERAL: 1. The Developer shall comply with the Subdivision Map Act, the City of Dublin Subdivision, Zoning, and Grading Ordinances, the City of Dublin Public Works Standards and Policies, and all building and fire codes and ordinances in effect at the time of building permit. 2. In the event that there needs to be clarification to the Conditions of Approval, the Director of Community Development and the City Engineer have the authority to clarify the intent of these Conditions of Approval to the Developer without going to a public hearing. The Director of Community Development and the City Engineer also have the authority to make minor modifications to these conditions without going to a public hearing in order for the Developer to fulfill needed improvements or mitigations resulting from impacts to this project. 3. The Developer shall defend, indemnify, and hold harmless the City of Dublin and its agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that The Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying The Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. 4. Any water well, cathodic protection well, or exploratory boring on the project property must be properly abandoned, backfilled, or maintained in accordance with applicable groundwater protection ordinances. For additional information contact Alameda County Flood Control, Zone 7. AGREEMENT AND BONDS: 5. The Developer shall enter into a Tract Improvement Agreement with the City for all tract improvements. 6. The Developer shall provide performance (100%), and labor & material (100%) securities to guarantee the tract improvements, approved by the City Engineer, prior to execution of the Tract Improvement Agreement and approval of the Final Map. (Note: Upon acceptance of the improvements, the performance security may be replaced with a maintenance bond that is 25% of the value of the performance security.) FEES: 7. The Developer shall pay all applicable fees in effect at the time of building permit issuance including, but not limited to, Planning fees, Building fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees, Public Works Traffic Impact fees, Alameda County Fire Services fees; Noise Mitigation fees, Inclusionary Housing In-Lieu fees; Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; and any other fees as noted in the Development Agreement. Attachment A to Resolution 8. Parkland shall be dedicated and / or in-lieu fee paid, prior to approval of the Final Map or issuance of building permits, whichever occurs first, in accordance with the City's Subdivision Ordinance. PERMITS: 9. An encroachment permit from the Public Works Department may be required for any work done within the public right-of-way even if covered under an Improvement Agreement. 10. Developer shall obtain all permits required by other agencies including, but not limited to Alameda County Flood Control and Water Conservation District Zone 7, California Department of Fish and Game, Army Corps of Engineers, Regional Water Quality Control Board, Caltrans and provide copies of the permits to the Public Works Department. SUBMITTALS: 11. All submittals of plans and Final Maps shall comply with the requirements of the "City of Dublin Public Works Department Improvement Plan Submittal Requirements", and the "City of Dublin Improvement Plan Review Check List". 12. The Developer will be responsible for submittals and reviews to obtain the approvals of all participating non-City agencies. The Alameda County Fire Department and the Dublin San Ramon Services District shall approve and sign the Improvement Plans. 13. Developer shall submit a Geotechnical Report, which includes street pavement sections and grading recommendations. 14. Developer shall provide the Public Works Department a digital vectorized file ofthe "master" files for the project when the Final Map has been approved. Digital raster copies are not acceptable. The digital vectorized files shall be in AutoCAD 2000 or higher drawing format. Drawing units shall be decimal with the precision of the Final Map. All objects and entities in layers shall be colored by layer and named in English. All submitted drawings shall use the Global Coordinate System of USA, California, NAD 83 California State Plane, Zone III, and U.S. foot. FINAL MAP: 15. The Final Map shall be substantially in accordance with the Tentative Map approved with this application, unless otherwise modified by these conditions. 16. All rights-of-way and easement dedications required by the Tentative Map including the Public Service Easement shall be shown on the Final Map. 17. Street names shall be processed for approval through the Planning Department. The approved street names shall be indicated on the Final Map. EASEMENTS: 18. The Developer shall grant to the City of Dublin easements for traffic signal detectors, boxes conduit, etc. at all private streets and driveways entrances that will be signalized. 19. The Developer shall obtain abandonment from all applicable public agencies of existing easements and right of ways that will no longer be used. 20. The Developer shall acquire easements, and/or obtain rights-of-entry fTom the adjacent property owners for any improvements on their property. The easements and/or rights-of-entry shall be in writing and copies furnished to the City Engineer. 21. All public sidewalks must be within City right-of-way or in a pedestrian access easement unless approved by the City Engineer. GRADING PLANS: 22. The Grading Plan shall be in conformance with the recommendations of the Geotechnical Report, the approved Tentative Map, and the City design standards & ordinances. In case of conflict between the soil engineer's recommendations and City ordinances, the City Engineer shall determine which shall apply. 23. A detailed Erosion Control Plan shall be included with the Grading Plan approval. The plan shall include detailed design, location, and maintenance criteria of all erosion and sedimentation control measures. IMPROVEMENTS 24. The public improvements shall be constructed generally as shown on the Tentative Map. However, the approval of the Tentative Map is not an approval of the specific design of the drainage, sanitary sewer, water, traffic circulation, and street improvements. 25. All public improvements shall conform to the City of Dublin Standard Plans and design requirements and as approved by the City Engineer. 26. Developer shall construct all potable and recycled water and sanitary sewer facilities required to serve the project in accordance with DSRSD master plans, standards, specifications and requirements. 27. Fire hydrant locations shall be approved by the Alameda County Fire Department. A raised reflector blue traffic marker shall be installed in the street opposite each hydrant. 28. Street light standards and luminaries shall be designed and installed per approval of the City Engineer. The maximum voltage drop for streetlights is 5%. 29. All new traffic signals shall be interconnected with other new signals within the development and to the existing City traffic signal system by hard wire. 30. Two empty 3" conduits with pull ropes, to accommodate future extension of the traffic interconnect system and for School District uses, shall be installed along any project arterial street frontage. The extent of this work to be determined by the City Engineer. 31. The Developer shall construct bus stops and shelters at the locations designated and approved by the LA VT A and the City Engineer. The Developer shall pay the cost of procuring and installing these improvements. 32. The Developer shall furnish and install street name signs, and traffic signs & marking for the project as required by the City Engineer. 33. Street trees, of at least a 24" box size, shall be planted along the street frontages. The varieties and locations of the trees to be approved by the Community Development Director and City Engineer. 34. Any decorative pavement installed within City right-of-way requires approval of the City Engineer. Where decorative paving is installed in public streets, pre-formed traffic signal loops and sleeves to accommodate future utilities shall put under the decorative pavement. Maintenance costs of the decorative paving shall be included in a landscape and lighting maintenance assessment district or other funding mechanism acceptable to the City Engineer. 35. To the maximum extent possible, roof drainage shall drain across bio-swales or into bio-filters prior to entering the storm drain system. The landscaping and drainage improvements in the bio-swale and bio- filters shall be appropriate for water quality treatment. The City Engineer may exempt specific roof leaders from this requirement if space limitations prevent adequate water treatment without creating hazards, nuisance or structural concerns. Concentrated flows will not be allowed to drain across public sidewalks. 36. Developer shall construct gas, electric, cable TV and communication improvements within the fronting streets and as necessary to serve the project and the future adjacent parcels as approved by the City Engineer and the various Public Utility agencies. 37. All electrical, gas, telephone, and Cable TV utilities, shall be underground in accordance with the City policies and ordinances. All utilities shall be located and provided within public utility easements and sized to meet utility company standards. 38. To the maximum extent practicable, all utility vaults, boxes and structures shall be underground and placed in landscape areas and screened from public view. All utility vaults, boxes and structures shall be shown on landscape plans and approved by the City Engineer and Community Development Director prior to construction. CONSTRUCTION: 39. The Erosion Control Plan shall be implemented between October 15th and April 15th unless otherwise allowed in writing by the City Engineer. The Developer will be responsible for maintaining erosion and sediment control measures for one year following the City's acceptance of the subdivision improvements. 40. If archaeological materials are encountered during construction, construction within 100 feet of these materials shall be halted until a professional Archaeologist who is certified by the Society of California Archaeology (SCA) or the Society of Professional Archaeology (SOP A) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation measures. 41. Construction activities, including the maintenance and warming of equipment, shall be limited to Monday through Friday, and non-City holidays, between the hours of7:30 a.m. and 5:30 p.m. except as otherwise approved by the City Engineer. 42. Developer shall prepare a Construction Noise Management Plan, to be approved by the City Engineer and Community Development Director, that identifies measures to be taken to minimize construction noise on surrounding developed properties. The Plan shall include hours of construction operation, use of mufflers on construction equipment, speed limit for construction traffic, haul routes and identify a noise monitor. Specific noise management measures shall be included in the project plans and specifications. 43. Developer shall prepare a plan for construction traffic interface with public traffic on any existing public street. Construction traffic and parking may be subject to specific requirements by the City Engineer. 44. The Developer shall be responsible for controlling any rodent, mosquito, or other pest problem due to construction activities. 45. The Developer shall be responsible for watering or other dust-palliative measures to control dust as conditions warrant or as directed by the City Engineer. NPDES: 46. Prior to any clearing or grading, the Developer shall provide the City evidence that a Notice of Intent (NOI) has been sent to the California State Water Resources Control Board per the requirements of the NPDES. A copy of the Storm Water Pollution Prevention Plan (SWPPP) shall be provided to the Public Works Department and be kept at the construction site. 47. The Storm Water Pollution Prevention Program (SWPPP) for the operation and maintenance of the project shall identify the Best Management Practices (BMPs) appropriate to the project construction activities. The SWPPP shall include the erosion control measures in accordance with the regulations outlined in the most current version of the ABAG Erosion and Sediment Control Handbook or State Construction Best Management Practices Handbook. 48. The Developer is responsible for ensuring that all contractors implement all storm water pollution prevention measures in the SWPPP.