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Exhibit B - Conditions of Approval - Americas Tire

Hercules City Council
January 25, 2022

Document
Exhibit B - Conditions of Approval - Americas Tire
Meeting
January 25, 2022
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Hercules City Council
Original file
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Text extracted from the city's file for reading and search. Open the original on hercules.legistar1.com. That file is the official record.

CONDITIONS OF APPROVAL
TENTATIVE PARCEL MAP NO. 21-01
CONDITIONAL USE PERMIT NO. 21-01
DESIGN REVIEW PERMIT NO. 21-02

AMERICAS TIRE PROJECT
The departments and divisions listed below have primary responsibility for implementing listed conditions of approval.

LEGEND:

B = Building
CA = City Attorney
F = Fire District
PD = Police Dept
PL = Planning
PW = Public Works
STANDARD CONDITIONS OF APPROVAL:

Indemnity Requirement: Failure by the Applicant/Grantee to object to any of the terms, conditions, requirements and obligations set forth in this Conditional Use Permit and Design Review Permit prior to the expiration of the appeal period (which is 10 business days of the mailing or posting of the approving resolution) shall constitute acceptance of all of the conditions and obligations imposed by the City on this permit. The Applicant/Grantee by said acceptance waives any challenges as to the validity of these conditions. Applicant/Grantee agrees to indemnify and defend the City, its agents, officers and employees, at Applicant/Grantee’s own expense, against and from any claim, action or proceeding brought by any third party arising from or relating to the City’s processing of Applicant/Grantee’s development applications, the City’s issuance of any of the approvals described in these conditions, and the Applicant/Grantee’s implementation of and operations under the Conditional Use Permit and Design Review Permit, including but not limited to any claim, action or proceeding brought to attack, set aside, void or annul any of the City approvals described in these conditions, and any claim, action or proceeding brought against the City arising from or relating to Applicant/Grantee’s development and operation of the project that is the subject of such City approvals. City shall promptly notify Applicant/Grantee of any such claim, action or proceeding of which City receives notice, and City will fully cooperate with Applicant/Grantee in the defense thereof. Applicant/Grantee’s obligations under this condition shall include the obligation to reimburse the City for any court costs, reasonable attorney’s fees and damage awards which the City may be required to pay as a result of any such action. City may, in its sole discretion, participate in the defense of any such claim, action or proceeding, and such participation shall not relieve the Applicant/Grantee of any of the obligations of this condition. (CA).

Payment of Fees: Applicant/Developer shall pay plan check and processing fees, development fees, encroachment permit fees, and other miscellaneous fees applicable per current City resolutions in effect as of application for grading and/or building permits (B).

Sewer Related Fees: Applicant/Developer is advised that City Ordinance requires payment of sewer connection fees prior to issuance of a building permit. Notwithstanding the above, it is hereby acknowledged Applicant/Developer and owners of the subject property are located within the Hercules-Pinole Wastewater Treatment Plant Assessment District. Accordingly, the actual sewer connection fee due shall be determined by the City Engineer consistent with the prior payments made to the sewer assessment district and in accordance any other conditions of approval (B).

Business License Required: All contractors shall obtain a City of Hercules business license before starting work (B).

Graffiti Prevention and Control: The Applicant/Developer shall maintain the site free of graffiti. Graffiti applied to any surface of the subject property shall be removed within forty-eight (48) hours of the Applicant/Developer being notified by the City. The City may remove the graffiti if the Applicant/Developer fails to remove the graffiti within forty-eight (48); the Applicant/Developer shall reimburse the City for the graffiti-removal work (PL).

Compliance with all Conditions/Requirements: All conditions of approval for this development, including improvements such as building, paving, and landscape construction/installation, shall be completed prior to issuance of certificate of occupancy except as may be permitted by the Planning Director in consultation with other affected departments or as otherwise set forth herein. Completion of project improvements includes construction approved through building permits, construction of required off-site improvements approved through public works permits, and construction or installation of site improvements (including paving, hardscape, and landscaping) as shown on the approved plans. In the event early occupancy is permitted, Applicant/Developer shall provide to the reasonable satisfaction of the Planning Director and City Engineer and Building Official proof of substantial completion, safe occupancy, and security or agreements to assure full completion of the project PL,PW,B).

Ongoing Site Maintenance: The property owner shall be responsible for ensuring the ongoing maintenance, servicing, and capital replacement of improvements on the project site. This includes all parking lot and driveway striping and surfacing, sidewalks and hardscape, landscaping, open space, retaining walls, fences, streetlights, and related site improvements.

Handling of Hazardous Materials: All hazardous materials must be handled in conformance with applicable governmental safety requirements and disposed of by a certified contractor using proper disposal procedures. The Applicant shall comply with the Contra Costa County Environmental Health Department’s requirements, including, if required, the submittal of an Emergency Plan/Hazardous Materials Management Plan.

Used Tire Management: Prior to certificate of occupancy, the applicant shall submit—and the Firs District shall approve—a tire management plan for the handling, collection, and disposal of used/replaced tires. The tire store operator shall annually report to the Fire District any changes to the management plan. If changes to the approved management plan are required, the tire store operator shall submit a revised management plan (with the appropriate review fee, as needed) to the Fire District for approval.

CC&Rs: Any covenants, conditions, and restrictions (CC&Rs) applicable to the subject property shall be consistent with the terms of this permit. Where a conflict exists between the CC&Rs and the City regulations, the City regulations shall prevail (CA).

Noise: Per Hercules Municipal Code 13-31.300.11, the applicant shall control noise associated with the project so as to not exceed the noise level standards set forth in Table 7 of the Noise Element of the General Plan (see below) as measured at any affected residential land use. Upon City request, applicant shall provide for City review and approval an acoustic analysis demonstrating project compliance with the City’s adopted noise standards.

PUBLIC WORKS RELATED (PW):

Public Works Standards: Applicant/Developer shall comply with all applicable City of Hercules Public Works Standards. In the event of a conflict between the Public Works Standards and these Conditions, these Conditions shall prevail. In the event that clarifications to the conditions of approval are required, the Public Works Director or the Planning Director, as applicable, shall have the authority to clarify the intent of the conditions without requiring a public hearing.

Final Geotechnical Report: Applicant/Developer shall retain a licensed Geotechnical Engineer to prepare a Geotechnical Investigation Report for the site. The design of the underground utilities, grading, paving, retaining walls, and foundations shall be based on the recommendations outlined in said Report. The Geotechnical Engineer shall certify that the design conforms to the recommendations in the Report before the City issues a Grading/Site Development Permit. Applicant/Developer shall pave all parking lots in accordance with the Geotechnical Engineer’s recommendations, based on the traffic index provided by the City’s Traffic Engineer. Pavement sections shall be approved by the City Engineer or their designee in his or her reasonable discretion.

Soils Report: A Soils Report shall be submitted and the grading, retaining walls, surface and sub-surface drainage, lot drainage, and utility trench backfilling shall be designed in accordance with the recommendations of the registered geotechnical/soils engineer subject to approval by the City Engineer. Final grading and drainage plans for the site development permit shall be reviewed and signed by the Soils Engineer specifying the recommendations in the Soils Report have been followed. The geotechnical/soils engineer shall submit a letter report to the City at completion of construction certifying that grading, drainage and backfill installation was performed in general compliance with recommendations in the geotechnical report.  All material testing reports shall be attached to the certification letter report Title Report Required: A current title report shall be submitted with any application for grading or building permits to verify current ownership and any existing easements or land use restrictions.

Street Repair: Should the developer cut into the newly constructed or rehabilitated City streets, the Developer shall restore such streets to their condition prior to developer’s work and shall slurry seal and stripe (with thermoplastic) the adjacent streets in coordination with the City Engineer and Public Works when the project is completed.

Retaining Walls: Any retaining walls to be built along the property boundary to resolve differences in elevation between the property and the abutting right of way shall be constructed of aesthetically pleasing concrete, masonry block, or other City-approved durable material, as approved by the Planning Department. Structural calculations for any retaining walls shall be submitted to the County Building Department and depending on size may require separate building permit review and approval, as determined by the City Engineer. Retaining Walls constructed of wood shall not be permitted. Maintenance of said walls shall be the responsibility of the Owner/Developer/Applicant.

Storm Drainage: Applicant/Developer shall be subject to project approvals and regulatory agency permitting requirements. The design of the storm drain system shall be consistent with the City standards, as evidenced by the preparation and submittal of hydrologic/hydraulic calculations prepared by a registered Civil Engineer. Drainage shall be designed in accordance with City standards and shall meet all requirements of the Regional Water Quality Control Board.

Location of Improvements/Configuration of Right of Way: All public streets, sidewalks, driveway approaches, streetlights, traffic markings and signs, storm drainage facilities, handicap ramps, and other street improvements shall be located within the public right of way or public service easements and meet City Standards. The location of improvements shall be approved by the Director of Public Works in coordination with the Planning Department prior to construction.

Water and Sewer Lines: Applicant/Developer shall construct all fire hydrants, water lines, and sewer lines needed to serve the project, to the satisfaction of EBMUD and the Rodeo/Hercules Fire Protection District, City of Hercules, and Pinole-Hercules Treatment Plant.

Erosion Control Measures: An Erosion Control Plan shall be required if any work is to occur during the rainy season (i.e., between October 1 and April 15). If required, the erosion control plans shall be included in the Stormwater Pollution Prevention Plan (SWPPP) required for any grading permit or activity that may take place at the site. The Developer/Applicant shall install erosion control measures in all areas of the site during construction between October 1 and April 15 to the reasonable satisfaction of the Director of Public Works. A plan for erosion control shall be prepared and submitted for approval by the Public Works Director. All erosion control measures shall be in accordance with the latest Regional Water Quality Control Board Manual of Sediment Control standards in effect at time of permit submittal. (PW) Joint Utility Trenches/Undergrounding/Utility Plans: Applicant/Developer shall construct all utility trenches (such as electric, telephone, cable TV, and gas) in accordance with the applicable utility jurisdiction standards. All communication vaults, electric transformers, cable TV boxes, blow-off valves, and any appurtenant utility items thereto adjacent to any public right-of-way shall be undergrounded. Notwithstanding the foregoing, communication vaults, electric transformers, cable TV boxes, blow-off valves, and any appurtenant utility items thereto not adjacent to any public right-of-way are not required to be undergrounded. Utility plans, showing locations of all proposed utilities (including electrical vaults and underground transformers) shall be reviewed and approved by the Director of Public Works in his or her reasonable discretion concurrent with the approval of the grading plans. Location of these items shall also be shown on the Final Landscaping and Irrigation Plan and Site Plan for the Project construction and placed to reduce their visual impact. (PW) Street Lighting: Applicant/Developer shall install required streetlights within the City's right of way, to the satisfaction of the Public Works Director.

Sight Distance. Maintain landscaping along the entire project frontage to avoid sight distance conflicts (shrubs should not be higher than approximately 30 inches and tree canopies should be at least six feet above the ground) and stripe visual clear zones between the travel lane and bike lane as shown on the approved site plan.

Post-Construction Stormwater Management: Post-construction storm water quality controls shall be installed as part of this project. These controls will be reviewed and approved as part of the civil plan review process. A maintenance and inspection plan for the storm water treatment facilities shall be submitted with the plans and will be reviewed prior to permit approval. The developer shall enter into a Stormwater Operations and Maintenance Agreement with the City for the post-construction storm water quality control system.

Encroachment Permit: An Encroachment Permit shall be obtained for equipment driving over City property and over public easements. The developer shall arrange a pre-construction conference at least 48 hours prior to the proposed construction to discuss the scope and extent of removal and replacement of any pre-existing broken curb, gutter, sidewalk, or asphalt paving (patch, repair and/or overlay) in the public right-of-way. A cash deposit as reasonably determined by the City Engineer shall be required to secure the repair of any damages and said deposit may be increased at the discretion of the City Engineer, as reasonably necessary.

Utility Pipe Sizes:. Utility pipe sizes to be shown and signed off by City Public Works Director as adequate before building permit issuance.

Documents Needed for City Base Maps: Developer shall provide to the Engineering Division, prior to the issuance of building permits, a 100-foot scale site plan in both paper and digital form (to NAD 83 standards preferable/MicroStation SE) of the project as approved by the Planning Commission for the purposes of updating the City base map.

PLANNING RELATED CONDITIONS (PL):

Compliance with Approved Plans: The project shall substantially comply with the approved project plans.

Minor Modifications: The project being built will substantially comply, as determined by the Planning Director, with the latest submitted plans with any changes approved by the Planning Commission, unless otherwise amended by action of the City Council. Minor modifications to the project may be requested by the Applicant/Owner and approved administratively by the City as set forth in section 5.1 of the Development Agreement in conformity with Chapter 46 – Minor Modifications section of the Zoning Ordinance.

Compact and Accessible Parking: On-site compact parking spaces (i.e., parking spaces smaller than the standard 20’x9’ parking space) shall be limited to no more than 40% of total required project parking. Parking configuration and striping will be subject to project approvals and applicable city codes. Accessible and compact parking spaces shall be appropriately identified on the pavement. The developer shall provide a minimum of 1-foot-wide step-out curb or provide additional stall width for a paint-striped buffer equivalent on landscape fingers and islands adjacent to parking stalls. Median islands shall be designed to ensure adequate isle widths and turning radius per the approved plans.

Bicycle Parking: City zoning code requires a minimum of bicycle parking of 5% of the total parking. The specific type and location of bike parking shall be subject to the review and approval of the Planning Director, with the exact location and specific type of bicycle parking depicted on drawings included with the Building Permit submittal Electric Vehicle Charging Stations: In accordance with California Building Code requirements, three (3) percent of the required parking spaces (or the appropriate percentage amended from time to time by the State) shall support vehicle charging stations, and the location of all proposed spaces shall be clearly identified on all plans subject to further review and approval by the Planning Director.

Parking Lot Striping/Signing Plan: A striping plan and any proposed directional and/or traffic control signage for the parking areas shall be submitted with the building construction plans to the Public Works Department for review and approval by the Public Works Director.

Screening of Above Ground Utilities: All above ground utilities visible from public rights of way shall be screened from view from the public right of way with landscaping, decorative materials, berming or other means as determined by the Planning Director.

Pedestrian Access: An accessible pedestrian route shall be provided between each primary building entrance and the public sidewalk, and between each primary building entrance and the disabled parking stalls designated to serve that building. The accessible route and all ramps shall comply with all current applicable ADA access requirements and City Standards.

Site Lighting: Prior to the issuance of a building permit, the Developer/Applicant shall obtain the approval of the City of a photometric lighting plan which demonstrates that all exterior areas of the site and project frontage will have a lighting level in accordance with California Code of Regulation and Title 24 (generally less than 0.01 foot–candle light spill at 15 feet beyond the property line). Lighting in landscaped areas throughout the project shall also be subject to reasonable review and approval by the City’s Landscape Architect, Planning Department, and Public Works Department, in consideration of IES standards for lighting in public/community areas. The Applicant/Developer shall meet a performance standard of no increase in lighting spillover into adjacent "light-sensitive" areas (Central Hercules Plan) as reasonably approved by the Planning Director. At a minimum the plan shall include 0.50 foot–candle lighting at all doors, and lighting fixtures of exterior doors shall be of a vandal-resistant type.

Landscape Standards: A final landscape plan and irrigation plan with planting materials and planting plans shall be submitted to the Planning Director for review and approval concurrent to or prior to the submittal of a building permit application, to be substantially consistent with the City’s Water Efficient Landscape Regulations, and provisions of Section 30.700.2 of the City Zoning Ordinance. The Landscape Plan shall use native plants, drought-resistant, or low-maintenance species of plants, trees, and shrubs to reduce the demand for gas-powered landscape maintenance equipment and water. A tree replacement plan shall be incorporated as part of the landscape construction drawings showing the number, size, and type of trees being removed, if any are present. The final landscape plan shall indicate the type, location, and size of all plants, trees, shrubs, and groundcover materials being installed as part of the new Project. All trees shall be at least 15 gallon; all shrubs shall be at least 5 gallon, except that ornamental shrubs along pathways may be 1 gallon. Appropriate soil amendments shall be installed in all landscape areas to provide high survivability for the selected plantings as determined by the City. Landscaping and irrigation shall be incorporated with the site development permit plan set and installed per plans, as approved by the City, prior to issuance of a Certificate of Occupancy.

Performance Standards: The project plans and implementing construction shall also meet the City’s Planning related Performance Standards listed in Chapters 30 and 31 of the Zoning Ordinance.

BUILDING RELATED STANDARD CONDITIONS (B):

Addressing Requirement: Prior to issuance of a building permit, the applicant shall obtain City and Fire District approval of a plan for addressing and identifying project buildings. Such a plan shall include directional signs and markings, as may be required by the City or the Fire District.

Construction Drawings: Construction drawings submitted for review and approval also shall include: a) Site grading, drainage, utility, and improvement plans; and b) Hydrology and hydraulic calculations for the site. Applicant/Developer shall provide to the Engineering Division, prior to the issuance of building permits, a 100-foot scale site plan in both paper and digital form (to NAD 83 standards) of the project as approved by the City Council for the purposes of updating the City base maps.

An engineer's cost estimate for frontage and site improvements shall be submitted with the grading and building permit submittals.

Prior to construction, Applicant/Developer and City shall procure a performance bond reasonably acceptable to the City to establish the party or parties responsible for the construction of and financial responsibility for off-site improvements associated with the project site and to establish the timing of various construction activities.

Applicant/Developer shall submit a grading plan prepared by a registered civil engineer incorporating into the grading plan all applicable recommendations from soil engineering and engineering geology reports. Site grading shall comply with City standards. The site shall be graded so that runoff is not increased or concentrated to adjacent properties and so as not to impede runoff from adjacent properties. The grading plan shall be reviewed and approved by Public Works prior to issuance of the grading and site development permit. Building pad elevation and landscaping mounds shall be shown on the grading plan.

All on site surface drainage shall be collected and conveyed in an adequately designed underground storm drainage system to an approved point of discharge in a manner approved by the City Engineer. Drainage design will be in conformance with the City standards.

Adequate sanitary facilities shall be provided and maintained during construction.

Applicant/Developer shall make arrangements with the Planning/Public Works to inspect and test, prior to connection, any existing sewer and or East Bay Municipal Utilities District water service laterals to be used, and shall make necessary repairs as determined by the Inspector.

Curb cut widths and design shall substantially conform to the project approvals, City and Fire District standards.

On-site and off-site utility service shall be installed underground in accordance with the City Code. Utilities shall be undergrounded to the nearest suitable riser pole as determined by the appropriate utility company. Applicant/Developer shall post a bond or other surety approved by the City guaranteeing the undergrounding.

Health, Design and Safety Standards: Prior to final approval allowing occupancy of any new building, the physical condition of the building shall meet minimum health, design, and safety standards including but not limited to the following:

The streets providing access to the site shall be complete to allow for safe traffic movements to and from the site.

All traffic striping and control signing on streets providing access to the site shall be in place.

Exterior lighting shall be provided for building entrances and shall be of a design and placement so as not to cause glare onto adjoining properties.

All repairs to the street, curb, gutter, and sidewalk which may create a hazard shall be completed to the reasonable satisfaction of the Director of Public Works and any non-hazardous repairs shall be complete and/or bonded for.

Lighting used after daylight hours shall be adequate to provide for security needs. Photometrics and lighting plans for the site shall be submitted to the City for review and approval prior to the issuance of a building permit.

All sewer clean-outs, water meter boxes, and other utility boxes shall be set to grade to the approval of the Director of Public Works.

Work Hours: All contractors (grading, building, landscaping etc.) shall observe City construction work hours (including all deliveries of materials and maintenance of equipment), unless prior arrangements are approved by the City. Hours of construction shall be from 7:00 a.m. to 5:00 p.m., Monday through Friday. No work shall be permitted weekends or holidays. Work hours for construction activities that occur completely within an enclosed structure are allowed to begin at 7:00 am and end at 8:00pm on weekdays, and from 8:00am to 5:00pm on weekends.

Construction Traffic Management Plan: Applicant/Developer shall develop and submit to the City a Construction Traffic Management Plan for review and approval by the Public Works Director prior to the initiation of any construction-related activities.

Refuse/Trash Collection and Construction Debris: A refuse collection plan shall be formulated, working with the refuse collection provider, Republic Services, to provide for efficient and effective trash/refuse collection system. The refuse collection plan shall be subject to Planning Director review and approval. Republic Services (a.k.a. Richmond Sanitary Service) is the exclusive franchised solid waste hauler for the City of Hercules. Republic’s exclusive collection rights include collection of all solid waste in the City, including construction and demolition (C&D) waste from construction and demolition projects in the City. Removal of construction and demolition (C&D) waste must be arranged with Republic Services prior to commencement of construction, or in another manner consistent with the Franchise Agreement or State Law. All construction material/equipment shall be staged outside the City’s rights-of-way. The Developer/Applicant shall keep the adjoining public streets and properties free and clean of project dirt, mud, and materials during the construction period. Construction debris boxes shall be provided during all phases of construction. The Developer shall be responsible for corrective measures reasonably related to its construction activities at no expense to the City of Hercules.

Temporary Construction Fencing: The use of any temporary construction fencing shall be subject to the review and reasonable approval of the Public Works Director, Hercules Police Services, and the Building Official. Security lighting and patrols shall be employed as necessary. The fencing shall not obstruct pedestrian access along the frontage during construction. A safe pedestrian access route shall be maintained along the frontage at all times where sidewalks exist.

Screening of Roof Mounted Equipment: All roof-mounted mechanical equipment, including but not limited to heating, ventilation, and air conditioning equipment, shall be recessed, grouped, and/or screened from adjoining property and public streets and highway subject to reasonable approval of the Planning Director. Plumbing vents, ducts, and other appurtenances protruding from the roof shall be integrated in such a manner that they will not be viewed from the front of the property or other highly visible vantage points. All vents, gutters, downspouts, flashings, conduits, etc. that are visible from outside the building shall be painted the color of the adjacent surface. A note shall be included on construction plumbing drawings of exterior elevations to indicate to contractors that roof features shall be grouped and located in the described manner. Roof vents shall be shown on construction drawings and painted to match roof material color. (PL/B) FIRE DISTRICT (FD).

Tire Storage – Inside the Building. Tires stored inside of buildings shall not block doors, windows, or exit ways. Piles and racks of tires which are placed directly against and parallel to walls, shall not extend out from such walls more than five feet. Piles or racks of tires placed in rows perpendicular to the walls shall not exceed ten feet in width or 50 feet in length, Every row of tires shall be accessible on at least two sides by an aisle way at least three feet wide. Tires which are stored in such a pattern as to form dead end aisle ways against the walls of the building shall terminate at an aisle way at least six feet wide at the inside end of such pile. Every rack or pile of tires shall be kept at least 18 inches below sprinkler heads in a sprinklered building. Piles of tires shall be kept at least three feet below the ceiling or roof and every cord, beam or girder in a sprinklered building. Piles and racks of tires shall be maintained in such a manner as to insure stability and not become a hazard by falling during a fire or other emergency. Under no circumstances shall a pile or rack of tires exceed 12 feet in height unless approved by the Fire Chief.” Tire Storage – Outside the Building. No storage of tires outside of the building shall be allowed without the prior approval of the Community Development Director and Fire District. shall be conducted piles of tires or carcasses shall not exceed 7200 cubic feet in volume and shall be separated from every other pile by an aisle way at least ten feet wide. Under no circumstances shall a pile of tires exceed 10 feet in height unless approved by the Fire Chief. Tires in racks shall comply with the length, width, and aisle way requirements for inside storage. (Modified by the Planning Commission – January 4, 2022) Access Roads. Fire Department access roads shall be provided within 150 feet path-of-travel distance of all portions of first-floor exterior walls of all structures. Access roads shall be designed to current Fire Department standards: 20 feet wide minimum for structures two-stories or less in height, and 26 feet wide minimum for structures more than 30 feet in height, Turning radius 25 feet inside and 45 feet outside. Dead-end private access roads more than 150 feet in length shall have an apparatus turn-around per current Fire Department standards. Developer shall illustrate the turning maneuvers (i.e., auto-turn) around the structures and ingress and egress.

Automatic Sprinkler System. The Rodeo-Hercules Fire Protection District has adopted a local ordinance that requires automatic fire sprinkler systems in a specific type/size of new construction. All structures shall be protected with automatic fire sprinkler systems in accordance with CA Fire Code Chapter 9 as adopted by the Fire District.

A Fire Flow Analysis including proposed building areas, type of construction, and calculated available fire flow at the proposed fire hydrants shall be provided to the Fire Department for review and approval concurrent with the submittal of Grading plans. Minimum adjusted (50% sprinkler credit). CA Fire Code Appendix B can be referenced for Fire Flow requirement calculations. The applicant shall contact East Bay Municipal Utilities District to have a flow test performed for the nearest existing hydrant to be used for the hydraulic design prior to submitting the Fire Flow Analysis. This buildings sprinkler design shall be designed to meet NFPA Standard 13, Table 13.2.1. and Chapter 18. The following explains why these requirements.

EBMUD authorization. Design work is needed for the on-site fire protection system.

What is the design fire flow?
What is the available flow/pressure at the current hydrant? Fire Hydrants. Hydrant spacing for this commercial project shall comply with current Fire District standards of CA Fire Code Chapter 9 and Appendix C, and three (3) copies of the final site plan shall be submitted for approval of hydrant locations. Location of bollards and Fire Department Connections (FDCs) for the required automatic fire sprinkler systems are a deferred item (Deferred Items in #15).

Private Underground Fire Mains. Private Underground Fire Mains require a separate Fire Department permit. Public or private fire mains may not run under buildings.

Additional Conditions:

As mitigation for delays in response time, traffic signal pre-emption (Opticom or compatible) shall be provided (or verified) on the traffic signal leading to the proposed project.

Review of the Environmental Site Assessment, re-use of the site, and implementation of the construction program shall be approved by Certified Unified Program Agency (CUPA), Contra Costa Hazardous Materials Programs, 4585 Pacheco Blvd. Suite 100, Martinez, CA 94553, [email protected] (925-335-3200).

Site address signage per current Fire Department Standards (12" illuminated) shall be installed on structure. Temporary signage (non-illuminated) shall be established and maintained during construction.

Required Fire Department access routes shall be signed "No Parking-Fire Lane" per current Fire Department standards and the CA Vehicle Code.

Traffic calming measures or controls (speed bumps, humps, undulations, gates, etc.) are not approved as a part of this review and require specific approval from the Fire Department.

Structures shall be equipped with a Fire Department approved Knox Box located in accordance with the fire code.

CA Fire Code, Section 510 requires an Emergency Responder Radio Coverage (in-building repeater) System, designed and installed per current Fire Department standards, in all-new structures unless post-construction signal strength testing demonstrates sufficient radio signal propagation.

Rooftop Solar Photovoltaic Systems shall comply with the CA Fire Code and CA State Fire Marshal Guideline.

Required Fire Department permits that are eligible for deferred submittal: Construction; Underground Fire Main, Automatic Fire Sprinkler System, Fire Alarm System, Sprinkler Alarm Supervisory Service (water-flow monitoring), Fixed Extinguishing System (kitchen), High Pile Combustible Storage (if>8t in retail or 12' in storage), Fire pump, Generator Fuel Storage (if proposed). Operation; High Pile Storage, Refrigeration Equipment, Motor Vehicle Fuel Dispensing.

The developer shall remit the Development Impact Fee with the Building Permit submittal.

The developer shall submit a "Fire Safety during Construction" plan to the Fire District at the time of Building Permit submittal.

Storage or use of any hazardous materials at the site (such as diesel fuel for the on-site generator or acid for batteries) will require a Hazardous Materials Business Plan to be submitted to the CUPA.

Access roads and water supplies for fire protection shall be installed and made serviceable prior to storage or construction of any combustible materials. 2

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