Loading...
HomeMy WebLinkAbout99-062 SybaseCorpHQ 5/9/00AGENDA STATEMENT PLANNING COMMISSION METING DATE: May 9, 2000 SUBJECT: PUBLIC HEARING: PA 99-062, Sybase Corporate Headquarters Facility, Eastern Dublin Specific Plan/General Plan Amendment, Planned Dev elopment Rezone/Stage 1 & 2 Development Plan, Site Development Rev iew, Development Agreement and Tentative Parcel Map (Report Prepared by Jerry Haag, Consulting Planner) ATTACHMENTS• ~~ 1. Proposed Specific Plan/General Plan Amendment area and PD u„ ~.~F,a„ p~~. ~ ~" Rezone/SDR area y i ~- 2. Draft Resolution recommending City Council adoption of a Mitigated Negative Declaration and approval of a Specific Plan/General Plan Amendment /6 3. Draft Resolution recommending City Council approval of aPlanned Development (PD) Rezone/Stage 1 & 2 Development Plan (with Development Plan attached as Exhibits A-1 and A-2) 4 ~ 4. Draft Resolution recommending City Council approval of a Development Agreement 6 9 5. Draft Resolution approving the Site Development Review and Tentative Parcel Map (with Tentative Parcel Map attached as Exhibit 1) I ~ z 6. Proposed Ordinance approving a Planned Development Rezone and Development Plan irb 7. Initial Study/Mitigated Negative Declaration RECOMMENDATION: 1. Hear staff presentation 2. Open Public Hearing 3. Hear Applicant's Presentation 4. Question Staff, Applicant and Public 5. Close Public Hearing 6. Deliberate 7. Adopt Resolution (Attachment 2) recommending City Council approval of a Mitigated Negative Declaration and Eastern Dublin Specific Plan/General Plan Amendment 8. Adopt Resolution (Attachment 3) recommending City Council approval of a Planned Development (PD) Rezone and State 1 &2 Development Plan. 8. Adopt Resolution (Attachment 4) recommending City Council approval of a Development Agreement 9. Adopt Resolution (Attachment 5) approving Site Development Review and Tentative Parcel Map PROJECT DESCRIPTON AND ANALYSIS: This application includes an amendment to the Eastern Dublin Specific Plan/General Plan fora 34.6 acre site located on the block bounded by Dublin Boulevard to the south, Hacienda Drive to the east, Central CUYIES 'I'U: The Applicant / The Property Owner PA File ITEM NO. Parkway to the north and Arnold Road to the west. The application involves land with Alameda County's Surplus Property Authority's Santa Rita area. The proposed amendment would involve changing the land use designation for the easterly 19 gross acres of the site from "High Density Residential" to "Campus Office." Applications have also been filed for a Planned Development (PD) Rezone/Stage 1 & 2 Development Plan, Site Development Review, a Development Agreement and a Tentative Parcel Map. If approved, these vazious applications would allow for the development of the Sybase corporate headquarters complex on the site, which would include two six-story office buildings totaling 420,000 square feet of gross floor area with surface parking, landscaping and related improvements. Sybase is a high technology firm currently located in Emeryville. City approval of the project would allow for consolidation of Sybase operations in one central site with adequate parking and on-site amenities. A model of the proposed development along with a color and material board will be presented at the Planning Commission meeting. ANALYSIS ~ecific Plan/General Plan Amendment Issues The proposed Eastern Dublin Specific Plan/General Plan Amendment requested by the property owner, the Alameda County Surplus Property Authority, involves three related actions. First, the easterly 19 acres (gross)/14.49 acres (net) portion of the 34.6-acre Site 15 of the Santa Properties would be redesignated from "High Density Residential" to "Campus Office." The remaining westerly 15.6 acres of Site 15 would maintain the "High Density Residential" land use designation. The Amendment is being requested because the proposed Sybase project would not be consistent with the High Density Residential land use designation, but would be consistent with a Campus Office land use designation. The proposed floor azea ratio (FAR) for Sybase would be 0.67, consistent with the FAR range of 0.35 to 0.75 allowed by the Eastern Dublin Specific Plan. The number of residential dwellings originally planned for the entire 34.6 gross acre Site I S would be reduced to 864 dwellings on the westerly 15.6 acres portion of the block. Attachment 1 is an exhibit showing the relationship between the proposed Eastern Dublin Specific Plan/General Plan Amendment with the proposed development area for the Sybase project. The second part of the proposed Amendment would include the deletion of 420,000 gross square feet of development potential from Santa Rita Site 16 to the south, which is the amount of development represented as part of the Sybase site on Site 15. The third and final portion of the proposed Amendment would be to transfer the number of residential units (ranging from 347 to 390 dwelling units) originally planned for Site 15 to Site 3 (Village Center) within the Specific Plan/General Plan boundary. The maximum residential density of proposed Site 15b would be 55 dwelling units per acre. The High Density Residential land use category within the Eastern Dublin Specific Plan allows densities of 25.1 or more dwellings per acre, with projects of up to 100 dwellings per acre permitted with careful design. As the Eastern Dublin area urbanizes with more intense employment centers (Koll, Micro Dental, the proposed Sybase project and others) and shopping areas (Hacienda Crossings), higher density residential projects appear to be more viable. Exhibits 1 and 2 attached to and included by reference in the Specific Plan/General Plan Resolution (Attachment 2) show the proposed Specific Plan/General Plan Amendment in terms of revised land use maps and tables for the Santa Rita area. Table 1, below, shows the existing and proposed acres and land uses before and after the Specific Plan/General Plan Amendment. 2 Table 1. Existing and Proposed Specific Plan/General Plan Land Uses-Alameda County Surplus Property Authority Property Site Name Acres Existing DU's/ Proposed DU's/ (gross) Specific Plan Sq. Ft. Specific Sq. Ft. Plan 1 Tassajara 14.8 Med. Res 148 d.u. no change -- Meadows 2 Emerald Glen 56.3 Park --- no change -- Park 3 Village Center 21.9 Neigh. 286,189 no change +347 Comm. d.u. 4 Toll Emerald 33.9 Med. Res. 339 du no change -- Glen Sa G.M. 17 GC 185,130 no change -- Sb Koll 35.1 CO/GC 552,449 no change -- 6 AutoNation 28.9 GC 264,366 no change -- 7 Hacienda 56.8 GC 530,536 no change -- Crossing 8 Calif. Creekside 35.7 Med. Res. 277 du no change -- 9 Villas 16.2 MH Res. 324 du no change -- 10 School 11 School -- no change -- lla JPI 18.5 Med. High 335 du no change -- Res. I lb Summer Glen 69.2 L/M Res. 328 du no change -- 12 Pub/Semi-Pub. 88.5 public 963,765 no change -- 13 Creekside 29.7 Ind/Office 478,681 no change -- Business Park 14 Emerald Pointe 35.3 Ind/Office 568,937 no change -- 15a Unentitled High Den. 1,211 du Campus (new) (Proposed 34.6 Res. Office 420,000 Sybase site) (19 ac) 15b Unentitled High High Den. (new) (new) --- --- Den. Res. 864 du Res. (15.6 ac) Campus 16 Unentitled 53 CO 1,962,378 Office 1,542,378 (no change Totals 5,792,481 5,792,481 2,962 d.u. 2,962 d.u. In sum, the proposed Eastern Dublin Specific Plan/General Plan Amendment would not increase the amount of either residential or non-residential development potential within the Santa Rita; it would instead transfer already approved development potential within a relatively small radius. Traffic impacts of this proposed relocation have been reviewed in a recent traffic study and no significant traffic impacts have been identified. Planned Development Rezoning and Stage 1 and 2 Development Plans Issues The applicant has also proposed a PD-Planned Development rezoning for the site. Chapter 8.32 of the Dublin Zoning Ordinance establishes the intent, purpose and requirements of the Planned Development District. The intent of the Planned Development District is to create a more desirable use of the land, a more coherent and coordinated development and a better physical environment that would otherwise not be achieved under a single zoning district or combination of zoning districts. A Development Plan is required pursuant to the Zoning Ordinance, which establishes regulations for the use, development, improvement and maintenance of the property within the Planned Development Zoning District. The Zoning Ordinance also requires the adoption of both Stage 1 and Stage 2 Development Plans with the reclassification of the property in question to the Planned Development Zoning District. The applicant is requesting Stage 1 and Stage 2 Development Plans for the subject site. A Development Plan has been prepared for the Sybase project, depicting the development concept and addressing requirements of the Zoning Ordinance. The Development Plan is attached and consists of Exhibits A-1, the Planned Development Provisions (including permitted and conditional uses and devilment regulations) and Exhibit A-2, the applicant's proposed site, land use, architectural, landscape and related plans. The proposed Planned Development Rezone would implement the Specific Plan/General Plan Campus Office designation by establishing specific development standards, including intent and purpose, permitted and conditional uses and related development regulations The proposed PD Rezone would be consistent with and reinforce Eastern Dublin Specific Plan/General Plan policies by: • providing a high profile campus office in the Hacienda Gateway planning area; • siting buildings along Dublin Boulevard and Hacienda Drive to create a gateway effect; • proposing buildings that are 6 stories tall in the corner of Dublin Boulevard and Hacienda Drive. The proposed project would also provide a major employment center near transit stops on both Central Parkway and Dublin Boulevard as well as near major residential projects within the Santa Rita area. Site Development Review Issues An application has also been filed for a Site Development Review (SDR) permit, pursuant to Chapter 8.104 of the Dublin Zoning Ordinance. The purpose of SDR review is to promote orderly, attractive and harmonious development within the community and to ensure compliance with all applicable development regulations set forth in the Zoning Ordinance. The SDR application addresses building location, architectural and theme, vehicular and pedestrian access, on-site circulation, parking and traffic impacts. A site plan for the proposed project, including overall design, site design, floor plan, landscape plan and building elevations are located in Exhibit A-2. A maximum of 1600 employees would be located on the site at full build out. The two buildings would be constructed in one phase. It is anticipated that site improvements would be completed by early summer 2001. Site Plan The proposed site plan indicates that the two main office buildings would be located on the southeast portion of the lot, at oblique angles to the two main intersecting streets. Building A would be furthest to the west and Building B would be sited closest to Hacienda Drive. An open plaza would be created on the southeast corner of the site near the intersection of Dublin Boulevard and Hacienda Drive, which is discussed below. Surface parking would be arrayed around the building complex to the north and east. Parking, loading and service activities would occur to the rear of the buildings so that a major focal point would be created on this corner. Buildings are proposed to be located at oblique angles to the street and to each other in order to enhance visual interest. Each office building would contain six stories and a maximum of 210,000 gross square feet. The total amount of gross square footage would therefore be 420,000. Each building is proposed to have a height of 85 feet to the top of the sixth floor, although a metal screen would be located on the top of the buildings to block views of mechanical equipment, elevator shafts and similar equipment. The top of the elevator machine rooms on each of the buildings would be approximately 100 feet above the finished grade. Building frontages would be oriented toward adjoining streets, although primary access to the buildings would be from parking lots closest to the buildings. The two buildings would be linked with a pedestrian bridge at the second floor. A shipping receiving dock would be located between the buildings and screened from view from surrounding streets with a screen wall and landscaping. The complex would also contain an employee cafeteria, an employee gymnasium fitness center and on-site training space. Proposed Floor Area Ratio for the complex would be 0.67. Site coverage (building footprint) would be 11 %. The proposed site plan will also allow for future linkages with the remainder of the block to the west so that full circulation between parcels could be accomplished on site without the need to use City streets. Staff believes that the proposed site layout will result in a superior urban design that will permit the creation of a significant amenity for the community in the form of an urban plaza. The site layout will also result in an efficient layout that provides for full site access, loading and parking to the rear of the main activity area. Architectural Design Two almost-identical buildings would be constructed, each six stories and 100 feet in height (to the top of mechanical equipment. Exterior building elevations are included as part of Attachment 2. Building design would reflect a "high tech" theme, with use of precast concrete panels as a base and extensive use of windows in aluminum frames with accent metal panels. Stylized metal and glass canopies would be provided to emphasize the main entries. Roof-mounted equipment would be screened behind metal panels. The buildings would be linked by a pedestrian bridge to match the design of the main buildings. Business identification signs would be located on the outside wall of the two buildings (one sign per building), subject to approval of a Master Sign Plan. Concrete panels would be two shades of gray and the window glass would be colored blue to slightly blue-green. In Staff's opinion, the level of architectural design and use of materials reflected in the development is high and construction of the project would result in a positive architectural statement For East Dublin as envisioned in the Eastern Dublin Specific Plan. Access, Parking, Loading and Circulation Three driveways into the site would be provided, one each on Dublin Boulevard, Central Parkway and Hacienda Drive. Traffic signals would be constructed at the intersections of project driveways and Central Parkway and Hacienda Drive. The intersection of the project drive and Dublin Boulevard would be limited to right-in and right-out turning movements. A total of 1,191 surface parking spaces would be provided, which would include compact and handicapped parking stalls as well as parking spaces for motorcycles. The Dublin Zoning Ordinance requires one parking space per 350 square feet of gross floor area. For the Sybase project, a total of 1,200 spaces would be needed. Therefore, the project would lack 9 spaces. To ensure that a parking problem would not be created, the Mitigated Negative Declaration contains a mitigation measure (Measure 8) that would require the project developer to prepare a Transportation Demand Management (TDM) Plan to reduce the number of single occupant vehicles using the site. The TDM Plan must be in place at the time as Certificate of Occupancy is issued and will contain specific times to reduce single occupancy trips by employees, including but not limited to provision of preferential parking for carpools/vanpools, use of a BART shuttle service, appointment of a rideshare coordinator and other items. Staff believes such programs currently work to reduce parking demand for other large employment centers and should prove effective for the Sybase project as well. A bus shelter would also be constructed on the northwest corner of Dublin Boulevard and Hacienda Drive to serve this and other neazby uses. Bicycle racks would also be provided on the site. The loading area for Building A (the westerly building) would be sited between the building; the loading dock for Building B would be to the northeast of the building. A package delivery area for UPS, Fed Ex, etc, has been designated along the north side of the two buildings. Pedestrian paths have been planned through the site to allow safe crossing of the parking lot. Specifically, one path would parallel Hacienda Drive through the center of the parking lot to the main entrance of Building B. This path would facilitate pedestrian access to a bus stop on the near the intersection of Hacienda Drive and Central Parkway. A second pedestrian path is planned along the westerly edge of the driveway leading to Building A. Landscaping Project landscaping would include placement of an urban park/plaza on the southeast corner of the site as well as perimeter landscaping around the site, landscaping within the parking lot and additional landscaping around the buildings. The plaza would encompass an area of approximately 1.4 acres and would feature an outdoor seating and eating area for Sybase employees, a fountain, plantings of specimen oak trees other canopy trees. The ground plane would consist of a mix of turf and decorative hardscape elements. A low berm and hedge treatment is proposed along the two adjoining streets to highlight the plaza. An opportunity site is provided on the corner of Dublin Boulevard and Hacienda Drive for placement of a future public artwork, which is not included in this application. Other aspects of the landscape plan consist of perimeter plantings of street trees, shrubs and turf around the perimeter of the site. Trees would be planted in the parking lot to provide visual relief as well as to highlight pedestrian pathways through the parking area. A portion of the site landscaping would be used as a bio-filter to clean stormwater runoff prior to recharge into the ground. Use of biofilters is recommended by the Regional Water Quality Control Board. Maintenance of on-site landscaping would be by the property owner or future building tenants. Staff believes the proposed landscape treatment is of overall high quality, consistent with surrounding development projects and will enhance the overall architectural treatment of the buildings. Provision of the plaza area adjacent to the intersection of Hacienda Drive and Dublin Boulevard will be an amenity not only to the Sybase site but the Eastern Dublin area as well and is consistent with design direction provided in the Eastern Dublin Specific Plan. Grading and Utilities As part of project development, the site would be cleared and graded to accommodate the proposed buildings, parking lots, pedestrian walkways and related improvements and to assure appropriate site drainage. It is estimated that cut and fill would balance on the site, meaning that no earthern material would need to be imported to or exported from the site. Underground utilities, including sewer, water, reclaimed water, storm drain lines, natural gas, telephone, fiber optic and electrical, would be extended to the site from adjoining streets. Adjacent streets have been constructed or are under construction to full width per the Eastern Dublin Specific Plan/General Plan. Staff and DSRSD representatives have reviewed the preliminary grading and utility plans and find they comply with City and DSRSD standards. 6 Other Items Development of the project would also include construction of site lighting (including parking lot landscaping, walkway lighting and lighting near each building) and identification signs. Preparation of a Master Sign Plan and a Lighting Plan has been made a condition of approval for this project. Development Agreement One of the implementing actions of the Eastern Dublin Specific Plan calls for the City to enter into Development Agreements with developers in the plan area. The Development Agreement provides security to the developer that the City will not change site zoning and other laws applicable to the project for a specified period of time. Additionally, it allows the City to obtain commitments from the developer that the City might not otherwise be able to obtain. The Development Agreement is one means the City has to assure that the Specific Plan goal, that new development fund the costs of infrastructure and service, is met. City procedure requires that there be three public hearings on Development Agreements. The purpose for the hearing before the Planning Commission is to recommend the approval for the Agreement to the City Council. The first Public Heazing before the City Council is to introduce the Ordinance and the second public hearing is to adopt the Ordinance. The Ordinance will become effective 30 days after the second reading. Attached to this Staff Report is a Development Agreement (Attachment 4) between the City of Dublin, Wilcox Development Services, Inc. (the project developer) and the Surplus Property Authority of the County of Alameda (the current property owner). The Development Agreement is based on the standard Development Agreement developed by the City Attorney and adopted by the City Council for Eastern Dublin projects. In general, the Agreements reflect what has been determined to be the infrastructure needs for the specific project. These needs are determined based on submittal of engineering studies and plans. The City Attorney drafted the proposed Development Agreement with input from City staff, the project developer, Alameda County Surplus Property Staff and their respective attorneys. The Development Agreement sets forth the agreements between the parties in relation to many items, including, but not limited to, infrastructure construction and phasing, and the payment of various required impact fees. The Development Agreement becomes effective for a term of five years from the date it is recorded. The Development Agreement runs with the land and the rights thereunder can be assigned: The City requires that Developers in Eastern Dublin pay traffic impact fees for certain City wide improvements to the circulation system. Additionally, fees are charged for certain circulation improvements specific to Eastern Dublin. Developers are also required to make certain improvements to the circulation system that are required as a result of their project. The City determines the direct project impact through a traffic study that is conducted for the project. Based on the traffic study conducted for the Sybase project, it was determined that certain improvements were required to the circulation system as a result of the projected future traffic from the project. These improvements include improving some roadways, widening some roads, the improvement of certain intersections in Dublin and Eastern Dublin, and contribution a fair share portion of the ultimate construction of the Tassajara Road/Santa Rita Road/I-580 interchange. Other improvements that were identified could be phased and put in as required by traffic warrants or when other projects come on line. The Agreement sets forth the City and Alameda County's understanding in relation to the phasing of infrastructure construction. Tentative Parcel Map The applicant has also requested approval of a parcel map to subdivide the block formed by Central Boulevard, Hacienda Avenue, Dublin Boulevard and Arnold Drive into two separate parcels of record. The purpose of the Tentative Parcel Map is to subdivide the Sybase site from the remainder of the block, which would retain a High Density Residential land use designation. A copy of the Tentative Parcel Map is included as part of the Exhibit 1, to Attachment 3. After approval of the Tentative Parcel Map, a final Parcel Map would be prepared, approved by the City and recorded. The proposed parcel that would accommodate the Sybase facility is facility is consistent with the site plan for the project. ENVIRONMENTAL REVIEW The proposed General Plan/Eastern Dublin Specific Plan Amendment, Planned DevelopmentrRezoning/Development Plan, Site Development Review, Development Agreement and Tentative Parcel Map are within the Dublin General Plan Eastern Extended Planning Area and the Eastern Dublin Specific Plan, which was the subject of an Environmental Impact Report, certified by the City of Dublin in 1993 (EIR Addenda were approved on May 4, 1993 and August 22, 1994). The General Plan/Specific Plan is a Program EIR, which anticipated several subsequent actions, related to future development in Eastern Dublin. The EIR identified a umber of impacts from implementation of the General Plan/Specific Plan that were not bale to be mitigated. Upon certification of the EIR, the City adopted a Statement of Overriding Considerations for several impacts, some of which relate to this project. The City also adopted a Mitigation Monitoring Program, which included measures intended to reduce from development in eastern Dublin. These measures apply to project approvals and actions at various stages of the development process and will be applied to the project as applicable. The timing of these mitigation measures is indicated in the City's EIR mitigation monitoring matrix (City Council Resolution No. 53-93). An Initial Study was prepared for the Sybase project to determine if additional impacts would occur as a result of this project. The Initial Study identified several environmental issues, which caused the issuance of a Mitigated Negative Declaration. A 30-day public review period commenced March 23 and ended April 24, 2000. A Mitigated Negative Declazation has been prepared because the project will not have a significant effect on the environment. To date, two comment letters have been received from the Regional Water Quality Control Board and Caltrans. Both letters are attached as part of Attachment 7 and are in process of being responded to. A copy of the Initial Study/Mitigated Negative Declaration is included as Attachment 7. As a result of the review of the certified EIR and addenda, and the preparation of the Initial Study/Mitigated Negative Declaration, it has been determined that with the implementation of Mitigation Measures previously adopted for the Program EIR and with site-specific Mitigation Measures contained in the Initial Study, potential site-specific impacts of the project would be reduced to a level of insignificance and the proposed Sybase project will not have a significant effect on the environment. OTHER AGENCY/DEPARTMENT REVIEW The proposed project has been reviewed by the Building Department, the Public Works Department, Police Services and Alameda County Fire Department. The concerns raised aze addressed in the conditions of approval for the Site Development Review permits as outlined in the draft Resolution (Attachment 5). The draft Resolution (Attachment 5) consists of conditions of approval that are recommended by Staff to ensure that: (])City standards aze maintained; (2) policies and standards by certain outside agencies aze met; (3) site specific compatibility and design issues aze addressed; and (4) Mitigation Measures of the Program EIR and Mitigated Negative Declaration are fulfilled. CONCLUSIONS The project, as conditioned, including the Planned Development Rezone/Development Plan is consistent with the Eastern Dublin Specific Plan/General Plan (as amended) and the City of Dublin Zoning Ordinance. The proposed office complex has adequate access, pazking, loading, setbacks and is compatible with other lands uses in the immediate vicinity as well as transportation and services in the vicinity. RECOMMENDATION Staff recommends the Planning Commission hear Staff's presentation, open the Public Hearing, deliberate and adopt the following resolutions: Adopt Resolution (Attachment 2) recommending City Council adoption of a Mitigated Negative Declaration and approval of an Amendment to the Eastern Dublin Specific Plan/General Plan. 2. Adopt Resolution (Attachment 3) recommending City Council approval of a Planned Development/Stage 1 & 2 Development Plan (with Development Plans attached as Exhibits A-1 and A-2). 3. Adopt Resolution (Attachment 4) recommending City Council approval of a Development Agreement. 4. Adopt Resolution (Attachment 5) approving a Site Development Review and Tentative Pazcel Map for the project. GENERAL INFORMATION: PROPERTY OWNER: Alameda County Surplus Property Authority 224 West Winton Avenue Hayward CA 94544 APPLICANT: Teny Lowery Wilcox Development Services 5420 LBJ Parkway, Suite 740 Dallas TX 75240 LOCATION: Between Dublin Boulevard and Central Parkway, west of Hacienda Drive. APN 986-0014-006 EXISTING ZONING: Planned Development-High Density Residential GENERAL PLAN DESIGNATION: High Density Residential PUBLIC NOTIFICATION: In accordance with State law, a public notice was mailed to all property owners and occupants within 300 feet of the proposed project, to advertise the project and the upcoming public hearing. A public notice was also published in the Tri-Valley Herald and posted at several locations throughout the City. To date, the City has received no contact or objections from surrounding property owners regarding the current proposal. 10 d ~Q ~~ ~~~ ~ otS ~ = O ~ a 5~ ~ O d rU s w v a Z o a m o ~ O m Sao O ~ '~ ~ Q ~ ~ C d m O ~ N O O ~ ~ r N ~ w ~ W ~ Q U i • p ~ < ~ ~I Q H a ~ ~ I ' ` avow vavr-~s9~ ~-~ \ -L ~ i- i i-----1 i------~~ U"~ r------ i //~7v/ I I I I I Y j l M w~~ I ~ ~~ LL o- I z<ul I I I ~~--~r1 I o< ~ I.-o~~~ I ~ ~/~ , I U rl ~1 i f~ I I ~ I u< ~~ z ` I I I~ ~~_ o~ I ~ ~_~=~ I I a ~~Q I ...o o~" I In who I I ~\~ o I ` ~ J Lam` VOn I I : `\o \ I 1 /moo ~-~ V - o -.J -... _ I W ~ /a / rar~yi-~... C I r~ \.oo 0 oo iy,,a ~ I _..._..._ ~ I a I~ - / I °~ ~ o I ~ ~~ I I o~ ~ ~ I ~. I ~ ~ I ~~Y~ ~°' -~ d = __ -,J o-~ I a I U I I I w ~__-- I Fo o - e I I I m ~= ° Ir ~ I I~ ~ w e I I ~~wo I ~gS I Id rc I C/J LO I ~ aim II ow=o I I'° a I m I I 3p~ I ~wNO I d ~< I w a u I ~ I ~ IL----J --__~ I y non F" I r w< I I Ir----~ r-- I~ ~~ I a .~ d ~~ o~< I ~ Q~ a ~ _ ~ a ea I ~~ ^?~o I I P~zpR ZI d ~ A b = II _ _ I - ~~ o -----J I ~----JL------~ ~- - x 3AItld vON31 c. ~ C I I~-- --- ..... A, ---~~` ~` W q N ~W d I I I II l i ~F=~ I ~~ as I II I q ~' ~~oa I ~ a ao I I I LL I LL ~ LL ~ -a I I ~~ II °'~d I~=s~~ I ~~~ ~ Fa ~ o I I ~~ II C5 1 ~5 u I <° I zp 2 I I j ~ II ~a I ~°~~ I U I ~v ~A I I I m .- sz ~- x W a y avow atoNav `- - - - - - - ~ F ~ ~ sa ~J F D+ ~.~ 7 0 ~ o ,~n^ Cv~ v~C, a, ~ ~~''/ RESOLUTION NO. 00- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL APPROVE A MITIGATED NEGATIVE DECLARATION AND ADOPT AN AMENDMENT TO THE EASTERN DUBLIN SPECIFIC PLAN/GENERAL PLAN PA 99-062, SYBASE CORPORATE HEADQUARTERS FACILITY WHEREAS, Alameda County Surplus Property Authority (ACSPA), on behalf of the developer of the Sybase Corporate Headquarters Facility has submitted a request to the City of Dublin to amend the eastern Dublin Specific Plan/General Plan to: a) redesignate 19 gross acres (14.5 net acres) of Block 15 of the Alameda County Surplus Property Authority from "High Density Residential" to "Campus Office" to allow development of up to 420,000 square feet of gross floor area; b) reduce the amount of potential office development on Site 16 of the Alameda County Surplus Property Authority by 420,000 square feet. c) relocate between 347 and 390 residential dwellings formerly assigned to Site 15 to Site 3; and WHEREAS, the extent of proposed amended land uses within the Alameda County Surplus Property Authority is shown on the attached table (Exhibit 1) and map (Exhibit 2); and WHEREAS, the Campus Office land use category permits corporate, business and research and development office uses; and and WHEREAS, a complete application for this project is on file with the Dublin Planning Department, WHEREAS, a Program Environmental Impact Report was prepared for the Eastern Dublin Specific Plan/General Plan (SCH 911036040 and certified by the City Council on May 10, 1993, by Resolution No. 51-93, and two Addenda dated May 4, 1993 and August 22, 1994 have been prepazed and adopted by the City Council and are herein incorporated by reference; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and implementing Guidelines, an Initial Study has been prepared to assess the impacts of the proposed project. Based on the Initial Study, a Mitigated Negative Declaration has been prepared and recommended for adoption to the City Council. The Mitigated Negative Declaration is herein incorporated by reference. The Initial Study is on file in the Dublin Planning Department. The project, with mitigation measures incorporated into the project, will not have a significant effect on the environment; and WHEREAS, the Planning Commission did hold a public heazing on the Eastern Dublin Specific Plan/General Plan Amendment request on May 9, 2000; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and ATTACHMENT 2 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 find that: A. Proper environmental documentation has been prepared on the proposed Specific Plan/General Plan Amendment in accord with the California Enviromnental Quality Act and have been reviewed and considered prior to the Planning Commission's recommendation. B. The proposed change of land use designation for the site is consistent with all other goals, policies and implementing programs set forth in the Eastern Dublin Specific Plan/General Plan. C. The proposed Specific Plan/General Plan Amendment is in the public interest and will not have a substantial adverse affect on health or safety or be substantially detrimental to the public welfare or be injurious to property or public improvement. NOW, THEREFORE BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby recommend City Council approval of a Mitigated Negative Declaration and an Amendment to the Eastern Dublin Specific Plan/General as follows: a) redesignate 19 gross acres (14.5 net acres) of Site 15, bounded by Dublin Boulevard, Hacienda Drive, Central Parkway and Arnold Drive (APN 986-0014-006), of the Alameda County Surplus Property Authority from "High Density Residential" to "Campus Office" to allow development of up to 420,000 gross square feet of gross floor area; b) reduce the amount of potential office development on Site 16 of the Alameda County Surplus Property Authority by 420,000 gross square feet. c) relocate between 347 and 390 residential dwellings formerly assigned to Site 15 of the Alameda County Surplus Property Authority to Site 3 of the same ownership. as indicated on Exhibits 1 and 2, incorporated by reference into this resolution. PASSED, APPROVED and ADOPTED this 9th day of May, 2000. AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chairperson ATTEST: Community Development Director d ~ Q ~ ~ ~ ~~ ~Oa ~~o ~ ~ Q. rU d Z O ~ Z _ d~ ~m a J ~. ~ ~ [D a d ~ o ~ J c d ~ ~ Q m Q ''=' h `o o F ~ Z '^ ~ W ~ W~ ~ Qo z ~ Z Z o w Q Na avoa vavro Z i- i i-----1 i------QUQ.--~ ~------ i D I I ,h ~ w I I l y l l I wF~ I LL 1 _ _ ~o- I zaQl I I l,i~ ~- ~~ i I m ON ~ \\\ I ^EOnI I 1 ~/ __ I "F ~ o w- ~ ~ u` I~~ I I u ~~ \ I ~ la °~+ is I L~------J FN o ~~ o m ~ < V U I ~ ~ ~~ ~o~ I ~~ owe I I a ~~Q da w - -... _ j \ ~~ 0 0 0 -a o ~*~y~/ ~ 1 to ~ .; a / U q~ i / II o~ ~ ~ I ay 'a ~ U ~ I w L_------ _ ~a a ~ o 1 / I ~ F~ ~ ~ -.---- - _, fo l i m?WO Ij -QOQ I i i / ~`ax .Q I = seM II owo ( I ~ I w ~ I I ~w ~° I r W„ o l l ____ ~° I +°" a m I g~ IL ~ I no N ~ A d U oSa I c7 a I z / H y I I /~ Q~wza I =-i< m u /~ Oa Fpr y 17 // F ~ / DC w ~ o ~ I ~ m WWI d II I ~---J~-------~ ~- - °~------~ 3AIM4 dON3 I i I / / "~°°- I II LL I LL // I LL ~ I I r- arc- p ~I II Ij ~~~~ pl I I = b --J `-----~~-----~ ~------~ I I - avoa aioNav `- - - - - - - - ~ r--° o EXHIBIT 2 to !~{{-- a Attached to Planning Commission Resolution No. Sybase Corporate Headquarters Facility Eastern Dublin Specific Plan/General Plan Land Uses-Alameda County Surplus Property Authority Property Site Name Acres ( ross) Specific Plan Desi nation DU's/ Sq. Ft. 1 Tassa araMeadows 14.8 Med. Res 148 d.u. 2 Emerald Glen Pazk 56.3 Park --- 3 Village Center 21.9 Neigh. Comm. 286,189 347 d. u. 4 Toll Emerald Glen 33.9 Med. Res. 339 du Sa G.M. 17 GC 185,130 Sb Koll 35.1 CO/GC 552,449 6 AutoNa6on 28.9 GC 264,366 7 Hacienda Crossin 56.8 GC 530,536 8 Calif. Creekside 35.7 Med. Res. 277 du 9 Villas 16.2 MH Res. 324 du 10 School 11 School -- l la JPI 18.5 Med. Hi h Res. 335 du l lb Summer Glen 69.2 IJM Res. 328 du 12 Pub/Semi-Pub. 88.5 ublic 963,765 13 Creekside Business Park 29.7 Ind/Office 478,681 14 Emerald Pointe 35.3 Ind/Office 568,937 15a ( Sybase 19 CO 420,000 15b Unentitled 15.6 High Den. Res. 864 d. u. 16 Unentitled 53 CO 1,542,378 Totals 5,792,481 2,962 d.u. RESOLUTION NO. 00- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL APPROVE A PLANNED DEVELOPMENT (PD) REZONE AND STAGE 1 & 2 DEVELOPMENT PLAN FOR PA 99-062, SYBASE CORPORATE HEADQUARTERS FACILITY WHEREAS, applications have been filed by the Alameda County Surplus Property Authority (ACSPA) and Wilcox Development Services to amend the Eastern Dublin Specific Plan/General Plan to change the land use designation for the easterly portion of Site 15 of Alameda County Surplus Property Authority lands from High Density Residential to Campus Office , a Planned Development Rezone Stage 1 & 2 Development Plan, Site Development Plan, Development Agreement and Tentative Parcel Map to allow construction of two six-story buildings totaling 420,000 gross square feet along with parking and landscaping areas on 14.5 acres of land at the northwest corner of Dublin Boulevard and Hacienda Drive, APN 98-0014-006; and WHEREAS, a completed application for each of the requested actions is available and on file in the Dublin Planning Department; and WHEREAS, a Program Environmental Impact Report was prepared for the Eastern Dublin Specific Plan/General Plan (SCH 91 1 03 6040 and certified by the City Council on May 10, 1993, by Resolution No. 51-93, and two Addenda dated May 4, 1993 and August 22, 1994 have been prepared and adopted by the City Council and are herein incorporated by reference; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and implementing Guidelines, an Initial Study has been prepared to assess the impacts of the proposed project. Based on the Initial Study, a Mitigated Negative Declaration has been prepared and recommended for adoption to the City Council (Resolution No. ,herein incorporated by reference). The Initial Study is on file in the Dublin Planning Department. The project, with mitigation measures incorporated into the project, will not have a significant effect on the environment; and WHEREAS, a Development Plan has been submitted to the City as required by section 8.32 of the Dublin Zoning Ordinance, and WHEREAS, the Planning Commission did hold a public hearing on the project, including the proposed Planned Development (PD) Rezoning and Stage 1 & 2 Development Plan request on May 9, 2000; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the Planning Commission recommended City Council adoption of an Amendment to the Eastern Dublin Specific Plan/General Plan for this project (Resolution No. _, herein incorporated by reference); and ATTACHMENT 3 WHEREAS, a Staff Report was submitted to he Planning Commission recommending approval of the proposed Planned Development Rezone/Stage 1 & 2 Development Plan for PA 99-062, Sybase Corporate Headquarters facility; and WHEREAS, the Planning Commission did hear and use their independent judgment and considered the Mitigated Negative Declaration, all said recommendations and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT the Dublin Planning Commission does hereby find make the following findings and determinations regarding said proposed Planned Development Rezone: A. The Planned Development Rezone Stage 1 & 2 are consistent with the general provisions, intent and purpose of the General Plan (as amended), in that the project would result in development with the land uses allowed by said designation and will contribute towards implementation of the General Plan; and B. The Planned Development Rezone Stage 1 & 2 is consistent with the general provisions and purpose of the PD Zoning District of the Zoning ordinance. The Planned Development Rezone will be appropriate for the subject property in terms of setting forth the purpose, applicable provisions of the Dublin Zoning Ordinance, range of permitted and conditional uses and Development Standards, which will be compatible with existing High Density and Campus Office land use designations. In the immediate vicinity; and C. The Planned Development Rezone Stage 1 & 2 Development Plan 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 and accomplishes the objectives of Section 8.32.010, A through H, of the Zoning Ordinance; and D. The Planned Development Rezone Stage 1 & 2 will not have a substantial adverse effect on health, safety or be substantially detrimental to the public welfare or be injurious to property or public improvement, as all applicable regulations will be met; and E. The Planned Development Rezone Stage 1 & 2 will not overburden public services or facilities as all agencies must commit to the availability of public services prior to the issuance of any building permit, as required by City laws and regulations; and F. The Planned Development Stage 1 & 2 will be consistent with the policies of Eastern Dublin Specific Plan/General Plan; and G. The Planned Development Stage 1 & 2 will create an attractive, efficient and safe environment through development standards contained in the Development Plan; and H. The Planned Development Stage 1 & 2 will benefit the public necessity, convenience and general welfare; and I. The Planned Development Rezone Stage 1 & 2 will be compatible with and enhance the general development of the area because it will be developed pursuant to a comprehensive Development Plan. NOW, THEREFORE BE IT FURTHER RESOLVED THAT the Dublin Planning Commission does hereby recommend City Council approval of the attached Planned Development Rezone Stage 1 & 2/ Development Plan for PA 99-062, Sybase Corporate Headquarters Facility including Exhibits Al and A-2, which constitute regulations for the use, development, improvement, and maintenance of the property. Except as specifically identified otherwise in the approved Development Plan, development and operation of land use activities within these PD Rezone Districts shall be subject to the current City of Dublin Zoning Ordinance. PASSED, APPROVED and ADOPTED this 9th day of May, 2000. AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chairperson ATTEST: Community Development Director DEVELOPMENT PLAN This is a Development Plan pursuant to Chapter 8.32 of the Dublin Zoning Ordinance for the Sybase Corporate Headquarters project, located on the northwest corner of Dublin Boulevard and Hacienda Drive; (APN 986-0014-006). This Development Plan meets all of the requirements for Stage 1 and Stage 2 review of the project. This Development Plan is also represented by the, Site, Landscape, Architectural (floor and elevations) Plans and Tentative Parcel Map, sheets dated received March 17, 2000, labeled Exhibit A-2 to the Ordinance approving this Development Plan (City Councii Ordinance No. 00 ~, and on file in 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, Downtown Dublin Specific Plan, and provisions of Section 8.32 of the Zoning Ordinance are satisfied. Permitted Use. The following uses are permitted within this PD-Planned Development District. A. Corporate, professional, technical and administrative offices. B. Research and Development laboratories and offices. C. Storage and sale of material produced on the site, limited to 25% of floor area. D. Accessory and incidental amenity uses to offices, including but not limited to employee cafeterias, employee fitness centers, day care centers, employee training facilities. E. Temporary construction trailers and ancillary construction facilities 2. Conditional Uses. The following uses are conditionally permitted within this PD- Planned Development District. A. Light manufacturing and processing that produces no noxious odors, hazardous materials or excessive noise. B. Broadcasting stations or studios, excluding sending and receiving towers. C. Cellular and wireless communication facilities, minor. D. Community, religious and charitable institutional facilities (excluding business offices). E. In-patient and out-patient health facilities, licensed by the State Department of Health Services. F. Public facilities and uses (excluding offices). G. Retail commercial establishments to serve site users. H. Eating and drinking establishments (excluding employee-serving facilities). 3. Dublin Zoning Ordinance-Applicable Requirements: Except as specifically modified by the provisions of this PD District Rezone/Development Plan, all applicable general requirements and procedures of the Dublin Zoning Ordinance shall be applied to the land uses designated in this PD District Rezone. 4. Site Plan & Architecture: See attached site and elevation plans contained in Exhibit A- 2, Development Plan. This Development Plan applies to an approximately 14.5 acre site shown on this plan on the northwest corner of Hacienda Drive and Dublin Boulevard in the Eastern Dublin Specific Plan area. Any modifications to the project shall be substantially consistent with these plans and of equal or superior materials and design quality. EXHIBIT A-I ~l-a Rtt, 3 5. Density: The maximum square footage of the proposed development under this Development Plan (as shown on the site plan) is as follows: 14.5 acres, 420,000 squaze feet total building area in two buildings of approximately 210,000 square feet each. 6. Phasing Plan. The project will be constructed in one phase. 7. Landscaping Plan. Refer to attached landscaping plan included in Exhibit A-2, Development Plan, Sheets SL 1-3. 8. Development Standards Lot Size: One acre. Front, Rear, and Side Yard Setbacks: a. Along Dublin Blvd.: 30 feet b. Along Hacienda Drive: 25 feet c. Along Central Pkwy: 30 feet d. Between buildings: 40 feet (bridges may be constructed between buildings) Building Height: Six stories or 100 feet. Floor Area Ratio: The FAR within this district shall not exceed 0.67. Landscaping and Open Space requirements: a. A minimum of 20% of the gross site area shall be provided in landscaped/hazdscaped open space. Open space shall include landscaping in entries, plazas/courtyards, parking areas, front and side yard setbacks and other similar areas, wherein 8% shall be in parking areas. Landscaped planter strips shall be: (1) At least 20 feet wide between pazking lots and the curb line along a public right-of--way. This may be reduced for turn lanes, bus turn outs and similar encroachments. (2) At least 10 feet wide along interior property lines. (3) At least 10 feet wide between parking areas and building walls, loading and unloading areas and truck parking areas. (4) Landscaping planter strips between parking areas and property lines adjacent to a public right-of--way shall include a berm at lease three feet in height or with a slope not to exceed a ratio of 2:1 to substantially screen the view of parked vehicles from the street. The berm shall be designed and located to allow for adequate visibility for motorists exiting the site. Alternatively, parked vehicles may be screened from adjoining streets with low-growing evergreen hedges. G:\pa99010\devplan (5) At entries, sidewalks shall be incorporated into the landscaped planter strip. A minimum of 4 feet clear width shall be maintained for all sidewalks. (6) Where a landscaped planter strip is adjacent to building window walls or pedestrian rights-of--way, landscaping shall be provided that screens views of automobiles. In this location, the use of a berm is desirable c. A minimum of one pazking lot tree shall be planted for an average of every four pazking spaces. Trees shall be distributed throughout the parking areas, shall be of a variety that offers a substantial shade canopy when mature and shall be a minimum 15-gallon size when planted. Tree planters shall have a standard 6-inch curb on all sides and shall have good surface drainage. Trees shall be planted as part of the construction phase of the parking lot. Diagonal tree well squares used between rows of parking shall measure a minimum of 4.5 feet by 4.5 feet for each outside edge, or 6 feet on both diagonals. d. Parking aeeas shall contain landscaped islands with a minimum dimension of 5 feet by 5 feet, excluding curb. e. Compliance with related Planning Approvals: The Applicant/Developer shall comply with all the related Site Development Review conditions of approval for PA 99-062. 9. Signs: Compliance with Master Sign Plan, as approved by City of Dublin Community Development Director 10. Lighting: Compliance with Master Lighting Plan, as approved by City of Dublin Community Development Director and Police Services G:\pa99010\devplan z ~ ~ ~ I aR a O~ ~ ~' N~~ ~ w m a 3 I ' ~ r ¢~Z o I o. ~ I _ ~~ _ I I . ¢ Q~ 3 ~$ s ~ ~ ~ 3 ~ ~ {~ ~~~~ 4 ! I ~ ~ a ~ ~ ~- N W Z O Q U W U z ~ ~ W QQ W o ~ ~ r ~ ~ ~ ~ o ~ ~ ~ w w w ~ r Q w^ m ~ ~ ~ ¢ W _,^~ ~ ~Q m rn C N J = ~ Z_ CS _ > >CO~ O N ~t0 Y J lC ~ r ~ O (, O ~ z~ U ~ ~ ~ ~` w + w ~ ~a Z ~ ~ v ~ r ~' W ~ ¢ ~ ~ ~ e m +. U ~[ ~ a O ¢ ~ ' 1 Ll ~ W W ~~~ aUg ~ p ~^ F H U ~~i°~ Uw~o Z (7 m~~ ~ ¢ ¢ ~ a ~ ~o 3a° ~-' ¢ ~ 8 i~~ ¢ $ ~ U J ova O 3 w~ X w ~ X LL~O Z w ~~a W ¢~ ~ Z c i Z ~i ~c~ U a ~O~ H W zaz I- €~~ W J O W U ~NJ ¢ (n xg ~ 2 ¢Z~p w ¢ aY ~ N ~~ m5W ~ -' ~~~ > ~g3 ~ Q ~ //t~ ~ J og~ Z m nwwa W w W > ^ p U Q 3az5 ~oaa ~ ~ Z W w x ¢ x ~~ ]J ~a~ ¢ ~ p NZ a~ ui~~ W J a_ LL ~ ?i u`SO~ f (A ~WI ¢ ¢~~n O U Y U J F- awl (A ~ ~m l1J W ova U I I I l Z z z II Ia a I I I I ~ I '~, J I 'I ~~~II~ _ ~~ I I I I~ I ~ ~ i ~~ ~~~~ !I~~ = a~ I ~ ~ ~ ~ ~ ° °I =~z I I a a ~ ~~ o ~~ J X Q i z '', a~'SSa ~ c~ c~ ~~ ~ ~ ~ o ~ ~~ _Z p^ Z ~.~.~ s ~ ' r ~, ~, o x ~ lIJ O~ 2 ~ w ~ ~ ~I- ~ g ~ ~ s =a I I ~~ ~ N ~,~~'~ ~a ~ ~° _ ~Q <I ~ ~ ~ ~'~ W a ~ r^ LlJ W ~o~>~~~' ~- as<« ~i II~ ~ a r..z z z ~w~ ~a cai cai z =! ~ z ~ ~~o~ww ~a ~5~'~ xg wla a oo. ~ U tt1 /~~ z ~ ' J r ~ t~ \-_ VJ ~ ~ ~ E N fn V] VI O 0~ LL fL K wi - o ~ ~ ~ /~~ /~ / W ~ ~ o w ~~~~~~ ~ ¢~a a,n a N 3 a a¢ g g~ xx a s p i - w x H x v~lw o m w '. LLJ z ~ _ ~ o ~ ~ i i t ~~ ~ ~ ~ ¢ ~. ~ ~ I ~I =Z i o ~ J I~ v ~ Z N I j ~'. ~ U O ~~ (V N M f- ~ N Q ~y 6 66 Q G Q6 ~ ~ ~ ~ ~ Q W 2 i ~ 7\ ~ \~~ `! 4 SJ~~. rll Q Z ~ 1 I O Q ~ ( ~ / ~ ! O Z U ~ ~ w _ U n ~ m ~ LL _~ ~, ~~ it W ~-- - --_ -- - _ ~ ~ ~ ~ > s r_ r O Q i ~ I _ i r J ~ ~~ ~~ ~~ W VJ ,,, 0 ~ vlxxoalzeo A.I.Nnoo va3larle •nilzana 's_ s ; ~ € ~ ~ ass lsii)) s c ~=e ~ •x .LN3Wd0'i3A3a. XOOZIN ~ - .ipQ - ]NI 'SNOA3ANOS A SN33NI9N3 IIAI] H03 N U R a ~ e e ~ 1H`JINM ~P N31~ ES-4 IQd 9£Z (E£2L dVIQ •I30Htl o 33'iIHZ 730HVd 30 NOLLiIOd) s f t i3A2IRS ~IHdd2I`JOdO•L a ~ ~ ~ ~ a ~ i - k Y~~ ~ v sib ~ ~ b ~~ ~~ ~ ~ ~ ~ a s z ~~ ~~ ~~ I I ~~~~~ ~~'~.)~~~!'~~~~€~$~I~ b~a~~o~i3~e~a3ts34 sGyed9@3 e~a:acte ~~~@ I!a ~ li `ii e ~~ m ~ N Y m c~ ~- ~< ~r~ ~ .~ ~~a ~~ SS CC ~~E~C C E i m ~- m i N d Ly ~/ U ~/ ~ a / A/ ~~~ J I 1 n € p p vlxxoalTno 'hlzena 's e ~ .~ rzo¢.vc bze)~~e eas+z o~~om ~o~~e.e•e yN3Wd0'I~A3a XOD'IIM ~~ - p - -- - - p osob r¢ lszs) rc • ~s'we ~~, .~ ww ows aoa a' rev ~' __ p _ ,___„_ p ONI SNOA3AtllIS A SN33N19N3 IIAIJ p y w - ~~~- p - p 1HJI71M ~ tl31N EI-4 NId 9EZ £EZL dtllQ 'I3~Htld 38NH,L 'I3~YItld p - ~ _ ....___- -_ _. _____ p Hdd2i'J O,LOHd 'IdI?I3V a 's s S ~ x p p VIN2I03IZtl0 'NIZHRQ w ? 3 p p nov-rti Rzs) •w vasre m+wmoe ~•x•o•o•a SN3AdOZ3A3Q XOOZIdf ~ L -r (czel rc •u~z 'wx •mo°a wi I••.x oe>s H03 ~ m p p ~Po"JNI 'Stl0A3Atl05 K Stl33NIJN3 1IA10 U g p p 1H'JIt1M ~ 2131)f ET-A IQd 9E2 (EEZL dVIR 'I3~2IVd 332IIIZ •I3~iIVd 30 NOI~LtIOd) e 0 p xo .. mm. p v .~o ~ ,~x>r .~, NV'Id ~t3IQtl2t~ C2ItliSIYSI'I32Id a ~ ~ ~ o 0 d[NHO3I'IdO 'NIZHRO R 0 "~ ~ ~ ru ~a n w avae ixe I v n'we ~= SN3PIdO'I O XOO'IIM L 0 rv n wss - ) l u l 'ONI 'Stl0A3Atl05 R Stl33NI0N3 1IA10 ~ Ho~ ~ ~ ~, a IH'~IiIM 3Y tJ31N ET-L Kd 9EZ (EEZL dVAI 'I3~iId o 33YIHZ Z3~lIVd 30 NOLLtIOd) ~ ~ U N .; ~ N T ~~ tea. ,.,,.~.~. ~ ' ' ~ ~ u ,~.,. .~ ~ ~ t~id Id JNIQV2IJ C2IVNII~IIZ 32id $ x $ ~ a ~~ '-~: M U w_ w N ~4- I w w (/') - ~nlau vurvwvn _. a R O S t 8 R O R 5 6 0 0 dIN2iO3ITtlO 'NITHf1H 52 ~ ~ ~ ~ .us sxe I ~ s~e~ ~w ~>e~> w Q XOOTIM SN3N'dOT = ~ , _ ~ ( ) rz x• i i n Deus ~~'ONI ~Stl0A3AN05 Y Stl33N10N3 IIAU xO3 ~ ~ U g D ~ 1H'JlilM 8 tl31N £T-A I~Id 9EZ (EEBL dV34 'I3~2IV o 33EIILL 'I3~2Nd 30 NOIZiIOd) ~ € 0 ~ ~ tl~„ ~ ItlNINSI'I32Id ' C ' a ~ x 4 ~ ~' n ,,,sue,„ NV Id i3.I IISR 2 a O Rp N _l~: R x Y © 3 I ~~ I ' L `Jd 6: j7d ){g ~~g~ m ~ I I Q3QN3fN~l Sz~L Wd ~„~N I~ I~ 1 ~ ~ of wd eve 3N(J "13~N~/d ~ ~, il. ~,1.' ' ~a~~cq 1 c~ T A ~ RI~WAY ` a34fV3W'C SZIL Wd ~n 111 ~~~~ / n q y \ ~ 3nlo -13~avd ~ ~ 1 , ~. I - ~3 r' ,_ .~. F. F . ., _ I ~ ~ , ~3 c- ..~..._ _- i _, _ ~~ ~ ~ - . ~ ~-.r ~ '~y5}~F~ ~~ CY3tl ~~ ~~~, I ~._ ~ - - .. III ~ ~~., ~1 ~ ~~ ~ r$$ ~T ~ r -.~ _. 1 x ~.: ~.~ i i-'. S$ ~~~ E~' __ 3AItl0 tlON31~tlN~.r # ~ ~ ~ ~< c- r^r~ ' q I i'I Y - -,- ~` , a _. _-___ _..~. C 8 :. - 1 ~ ". _ _ ~ ._ I ~ ~ __ .~~~r _ H _ _ -\ 1 ~ _ s~ a a ~ ~ I I Ib ~dq„ I ~I I i i Ii I I ~ ~ ~ 1.' I p 1 ~ ~ III ~ II 1 ~Ilj-~~II~ ~ OO I y !~ w '- ~ '- __ - tit ~\ ~ ~ 'i ~ - __ i iI 1,?- i -_ ~ 1 I 0 N o ;R I:. i ~ lI0I1.414~sp O. ~Ib O. 1.40 .~i ~I~I~ ~ I~ I I ~ rt' _ ~ii~ iii .I~~I. ~ v ~ i ~+ ~ it i i i i r l l l i i I ~ I I T ~ ~~ ~ ~ ~ '~ ~ I oo J ~ aze~ei a' ~ .. ~ ~ ~ I II ~ ~ I 1 ! ~„~ o ~ ~ o i '- ~ ~' I I ~ ~I ~ o-Q i ;' m - I I '~ ~wu ~ I `. I~ i io ~= I ! 4 ~a~ ~- N ~ ~ L ~ ~ ~~ I~ i 1 I ~ ~ 1 ~wew°a )y .. y 4 ~ ~" ~ ! I~ .~ !-y L oma / ~ ~ ~ / ! ~. - 4`~ ~ ~ ro '' i w m r wire ~rsv , b 1~ Oll 1 I ~ i awnAWn P~ I o b ee ~. ij ~ f IQ~ 10~ I ICI I r01 r riQl i ~ iQ I ~ ~,i i,. ~"~ i~ 1, ~ ~ i ~~~ ~ 1 a ~ -~I 1 ~ { I i h ~ 'M~ i i~i ~_ __~. u / I ~_- l ~ ~o ., ~ / ~ ~I ~i 1 i~1i1 ~' ;~ ~~ I ~I 1 ~ ~ a ~~ ~~ ~~ ~ ~~ _s i ~ 11 l < .~ ~ I L~~ i b i b ,; I i 7 1 r-0 ~ ,aa , I ~ 4' 1 X40 ' I 1 ! 1 ' ~ ~ i q I~ I i l~~ ~ Y i ~ `w~p~^;f ~ pN Y a~ I I ~~ I ~~ , ~ el F' ~ 9. fr b~ 1 ~! 1 ' 11 ' I i I ! ~. i i I I » ., l 7 - - - ' - i r / ~~, li ~~: illl '_i llil i ili iii t i -:o?~o a .~ ,~~~ ~k ~~_ J~~ / ~ I ~41 I~ 141 ~ I -141' 114r f l 41 Yo I ~ bbl 4b 17 1 Y ~ ~d ~~ ~~ ~a ~m€m I ms'=s' ~ - --- + _~ f ., r g~ 1 _, '~ i 7 r t aJd i,# I I' I I ' ~-ti ~ i I ~ ~~ /y~~I L J ~, 1 ~ ~ ~ _ '-~1~ _. _ ___ _ _ - ~~ o ~' ~ ll; ~, ~~ _ _ - ,, ~~ _ _ ~~`V - ~~ - =~-1 - E ~, a 'I~~I i -~~ ,~L _~ e ~ C ,. ¢sw aw nn a ar io s - ~ i __ ~q 4 _ -~ aye -~ ~ _ - ~l~ I. _~ .._ __ --_ - O - ~. ..~ ~~ 1tl ~~ t I ~ ~ N~.. ~ ~ ~ ~ :~ _ ~ I _ ~.q.r ~ °. ~ i. i y ~ q ¢ 4 ~ t tt 1_ ~- ~ ~ - _ ~ -r '7 ~ ~ ~ I I ~ 1~ ~ ~. t~ -, y~'~-~ ~~ 1 I i I '' I w~ S •,~`~ ~' l- I I m I I. 1 J ~ 4 ~ ~ { ~ I a N z ~I 1 _Il _. i I I t 4 ~ r~ t r__ 1 L._ ~ r, I .. •~! ¢ ____ _., _ , rile: T ~- p .i 8 ~', ~~. ~ i @p@p@p ~~ ~ r ;~ d k P 1 Y ~WE~ R8 ~~ ~. i. ~ ¢ i i is :~ 8~ i I da.~~ - LN O N W ., 2 O I N u b F e ~ ~,'i w w Imo- ~' ~ ~ Q Q Z w~ C7 ~,' A~ ~ i ~ m o m e~ ~ F ~ cn g x 33 ~~:5 [ d~ ~ ~c <~ Q_ W V f ~ ~~ i~'; .-- ~'~~~I~~II~ ~II~I~~~~Ii~l!~Ibl'~i~i'~~ ~I~~~~ ~~~ , ~ ~ 'I' '~I' ~ ~ ~ ~ I ~,~~ ` ` , ~ i z '~ ~ ~ ~~ ~_ i<<II~I III iI ~i I ~ ~~ ~I~'~~eL~~~ ~~ -n-' ~ I I I \ I ~ I ~ ~ I ~ T~ - ~ i - .pr v-V - ~Yh ~ r.~ ~y_.~ F _ i ~ I ~ i Milli II I i _ l~ ~.~ '~~ ~h, I i i I ~ ~~ / ~v/ r ~ 4 °~ ! 1 i II ~ ~~ ~..I i~ ~ ~~ O ~ ill O~ ~ fly .~, ~ I m I ~ ~~~~ 4 / I~ ~ ~ _ i ~ l it I ~ ~ ~ ~ ~~~~' ` ~-~ji _p ~ ~ol i of»-¢~ ~o a ~41,~~ ~.p ~..i ~~~~ ~~ 1 ~ -, i' ~ I ~ ~ ! -' ' I ~~' ~ ~" ~ ~ " " ~' ~~~ ~ j ~ gg ~~~~ f ~ I /' 9_'~/~ ~ ~ ~_~ ' I 1 ~_ I ~ ~ ~ 11 I ; ! J ~' / ., ~, / ~, ~/~F ~ ~ ~ ~ I I I ~ ~, ~ ~I T ~ ~ I ~ I ~ll f r ~ /, ~ ~ ~ /I I'~/ ~ ~ ~ ~ o. _ d o' o . i' 111 f - ~, ~ I I ! I I ' \' ) M.~ -~~-` ~~: _., ~ ~. "='.., „~. ~I, i ... ~~ ~~~~ - ~~~II~II ~~ I~I~~f¢I~~ ~ ~J,'," ~ ',~"~"~ ',I t F--r~ ~ , ~ w ~ > > r = - - ~ i\ ~~ ~ ~ ~ ~ 4~ \3 ~m.lisr.aos mxa~mscr oe i4~ ~ i ~~ __ ~ _ _ ,, y A ~ Q \ - ~ ~~~ ~ Y ~~ ~ 1 I i i I ~ W I h ~ ~ `~c ~, I n~ - - ~ ~~~ J ~ ~ i \ - ~ `~V m ~ ~ ~ `~ ~ ~ y a ~ ~ '.~ ~~ °z ,I _ ~~~ ~~ I it ~~~~~ I ~_ ~ ~ ~- ~~~ -~ ~ ~ ~_, ~ I r ~M II I I ~I i ~''~ I J ~,~ III~I 7 ~. z i ~ ~ ~ ~ a . . . . <r ~ W W ~ a% C ' ~ ~ ~ ~ Q Z ~ m W U' N ~ z I ~ . Q z ~ ~ _ ~ ~ ' ~ ~ m ~ ~ m o ~ ~ ~ 7 ~ o cs oci ,' 9 ~ 1 m ~ ~~~',~ ~ s p j i ~ ^ . S ~ ¢ ~ ~J r5 ~ ~~ ~ y y[ yq TF 1&~ 65~ ~ 2$r3V 1 5~ y N w .U. .U. .~. I a_ W ~ ~ ~ } 3 { d 3 S F i ~ ~H ® o~~ ~ o ~~ ~ ~ ~s I_~ 1 ~ ~ ~" .~ - _~ ~ ~~ 2 ~ ~ ~ - ~ m ~ d ~ ~ ~ a - a ~o_a~ ~, _~ ~~ , ,;~ , ~ ~~ ~ ~, of %.-~ ` ` , d ~ ~ ~ f ~l ~ ~ ~~~ o ~ ~ ~~ ' ~ ~' ~ ~® y ~~ E~ ~~ -~ J --~ iJ ~~.-_y ~~ ~ tl ~ ~ i ~ I `~ - ~_ 7 L J _~ ~ - _ -~ ___- _. ~ L_ -T y '~ n. ~ _ L,: ~a ;~ ~ II ~ _ _ ~ ( I . _ a _. ~ _. q ~r._ -__ Q lJ - _- ~ - 7 _. o-' ~ t ~ C._ ~ ~~ ~ ~ ~ ~ -- ~, ~ ~, _e R9'E90 M.99~BGlOS i i i ~_, ¢~ ~; _~ gs ~- ~ ~~~ 9~ ~ _.. ~® g t ,._ C`'~ -\ ~'~ $~~ i z_ JI~'~ m ~~ Z ~ ~ I gg n R ~ gg ~ t ~ ~ . . .a. p U ~ ~ ~ m M W Q U Z W '~ (n ¢ d. ~ Q U ~ ' g ~ G m d m e F ~ o v~ N§ ~ e~ ~ 5 ~ m w i w x , ~ ~ __ __ ~ni~a __ daN~i~~ ~~ a 9 w ~ ~ s ~LL ~ ~~ s a ~~ d a ~~ ~ ~ ~~ ~ ~ ~~ ~p ~~i~~~~1 a~ ~€ ~~~3~~a`a~,&3~3 933A~,R .ya3333 aW 3~3'f ~~~€~~ 9~~~~~~l ~ ~~~~~ ~~~~ ~ p ~~s t g~~~~ ~ ~p~~~~~~6 ~~~ ~~ E~ Q ~ ~ ~ ~~ § mwe~~sda d ~§s;;3~t~i ~';a ~~s,4s~ ~~ § ~ ~ o _ l ~~ ~~ I i _( ~ ~dfigg M.IIShW g w ~~liii(! ill ~ !'i II' i ~r,~~ I I''` ~ ~~ F~' f _ - ~. 7 I _ I w Iw ~ ~ z,,!> ~i n ~*, i ~ Vii, ~~'~i ~i ~1) ~"~~ t ~~i ~?~' ? ~~~i ' ~`~?'.~' ° _~ o~~ ij i it jli '~~ i~~ .~ :_._ II Y I w ,~ C., ~~ a i ~T ~' I r, ~ I ~ ~ i ~ i- _ 3 ~ /r>F"1 _~ ~~ ~~~~~ R 1 _ ~, 1 ~ ~ -- ~ ~ /_ a ~ ~~~ ~ j O ~' S - W Q Z ;~ ~ ~ W~U 5 w cWi t ~ ~ ~ QQ Z ~ U. v. /~ o k 0] ~ J g! Z S ~ ~ ~&y ' ~ E ~ ri~~j ~ z ~ X W "-~, ~ ~ k rc m ur - o m ° ~ gyp! 3 y~~o ~ x ~ ~ ~ ~ w ~ ~ 5 ~ ~~ U o ~~ , .~ H ~~ ~~ O w> ~;~ ~ ~ r ~ ~ ~ _ --- _ _. >~~ ~~ ~ ~ ~~ ~ x~ , ; ~ ~~ ~ ~ x ~~ ~ ~ i l l r m x - I ,~, ~ ~ a ~,~ _ ~ -- - § •~ ~ ~ ~ ~ V c`l ~'r ~ ~ ~ ~ ~.: IC' ~ ~ ~ I ~ .~. $.a ~(~ ~ ,~~~ °~. 1~ 7 i~ ~~- a~ ! ~~' r ~ ~" r~ ~ _ r .~ I ~~ ~~ ~ ~ , ~ l L ~ ~ ~/ ~ ~£ '~ ~~ ~ ~ ~ ', , ~ r l ~ ~ ~ ~'7~{ ~p'~ ~, ~ ;~ ~., . ~ ~~~~~ _a aa_amvv ~, ~~ ~' ~~ ~ ~, ~,~ ~_ ~ I 1 ti_. ~~~~ m _ 2 i a ~ + l`-€ i y, ;~ f s : g-7 7 / ~ I l m ~ ~ ~ ~ 1 v r r` ~~ ~ s :~ ~, i ~ ~ ~ ~~ ~4- - ~ ~ ~ -h %~ E ,r t . , p~3k~~ $ ~_ $3 a~ ~ ep~z~ ~ -.~ a `~ a4~ a p..,v~ ~J J I~ ~p &_ ag a~;g~ a~.. ~~ :.~. i I I Ili aag "g gF f@~ ~ _ f ~f •I` e~ I ~ 1 - i 1 i ~ ~ T .,~ ~ ~ `~ ~ F~. ~' ry'+ i ~ E' f /7 /ti f.~~ ~~iw ~- ---~ o ~ T~ ~ ~ ~ ~~ 3 ~ ~~~ ~ ~~ ~ ~ ~: ~ ~~} l ~~ ii'~i T ~- ~ ~ ~1 ~i- ~ ~z~ ~~ ~ ~~~ i I ~~ I ~ ! 1 l,, I, ~ ('~I ~ ~' ~ ~ ~ g ~ ~ QQ~ Q~ ~ ~~~ ~ ~ g ~ ~ a~ ftf p[~ ~ ~ ~ ~ ~ m X W ~ ~ ~ ~ 6 ! ~ ~ Q Q x a ~3 ~ ~ W J ~ ^ ~~~ r -_ ~; ~ i \ -~.. _. ~ r-_ _. ~ - -- ___ ~~ rn ~ T~~ ~ ~ ~-r ~ ~ ~ ~ t. ~ ~~ ~ I ~ ~ ~ ~ ~ i ~ `n I ~ { V ! I S9 y_1 IY jY 41 YY[~ ~ 5 7 i I Y- Y r-Y 4 YY YY YJ 9 ' '~ ~i~ I I 21 'qI~~B_ ~ I ~` sc I ~l I O <~ ~ ~~ J 1 O F.p ~~ ~_ a ~~ ~ er're e so ~` ,~ r ~ ~ I ~.. ~ ~ ~ ~ d ~ ~ ~ ~ i ~~ i ,_ . ~ ,, , ~ ~ C ~ ~ ~ ~ 1 xi ~ t ~~ ~e ~1 ~ ~o o- C o o ~~~ ~ ie .j ~ ~ ~ ~ A' I ~, iI r ~ p. ~ ~ ` ,1 I ~~~ ~ ~ ~ ~~ ~ , I I ~ ~ ' i ~ ~'~s ~ s ~;. I I R.~~ I LI. i~~'.,,,.,.¢, ~.7~ ,. ~.... ~ ~ ~ I"~-0 ~ ,.I yJ ~ J JJ~lllll ~ ~. 11\I • ~ i ~: ~ ill ...... ..... :.,ice ~ "v ' ~.~ ~ p ~ ~L/~~ ~! ___ ~ 1~. i i i VI i 1' ~i~l' 'I I ~' II Q j i.. Imo' i I jJ~ i, Q I ~, !i' i W ~ I,' U I I ~ II I 11l '~~J x J ~/ 1 ~ /i ~~, ~ + ~ ~ 'sg s~o_iP ~~ ..~ ~ I/ iEY - ,~~~ ,= ~~ yi ~ ~~ O i \~ ~\ ~i ~V 1 / 9iF _ C 1 ~ . % ~ 1. 1 r ~`q ' o ~` ~] ",~ ~ 1 ~,II ~~ 4 ~ - o ~ ~ ~ Y ~ ~ l O ~ ~ ~ ~ ~ - . ~ , ~ ~ o ~ ~ ~ , 3 4~ F Ki ~ b i S ( Y ~~ Y 4 Y 0 ~~ O I"j (M~/~ 1 Iz fl ~ ~ ~I 1 ~ IA I .~ t ~ 1 1 r-. ~~ I~ ~ Y J '.. L ~I I ~j S.eaS c9[9 I~v ~~ ~ IC L^ W ` ~ I i ` y I i LJLI i i I i 2 ~ ; I ¢ ,. O ~ I -- - ~ J I 1 . - - ------- z lit~~~ l U O ~ W ~ v xw O V1 W ~ ~ ~ ~ ~~ ~ ~~~ g i i a e ` ~ n ii 6 8 ~ 7 FP 8 S N r d ~ e ~ _. E 8 ~ ~s ~ ~ ~ ~ Q ~ U 6 Q Z ~~~ ~ ~ W II I x al J Q ~ i p N Q' ,,;z zo c~ 3'0 ~z m~ ra Fm c~ Fz s ~a zg ~u ~z ao x< ~F ~ o: az F~ x~ r z_ E E Jo L i / oa ' \U~/ & `~a _~:\ oa ~ o ~~I ~' V .il J° JVV/ U o : I W W w q z r 3< W z a I I F, m a m a - il.\ /O)~ --~ / ~, C7 a ~~ --j x;W~ ¢~c a °'~,,v a {o ,;,o,= `ala ~~ F 3 P ~~ /n i ~ ~~ j ~ ~~ ~ ~ d, i 7 l ~ ~ ~~ i-~~~ ~ /~I~~ } eu~~ ~ -- m~~i~ i ~. ,. ~i m a u U ~~~~~ -- '-i-- U~. ~. ~~ ~3 °s w urenoo it u ~- v - ~ U ~ W ~ i I ~ .............. (JJ Q ~Z ~ ~ A 5 ~ ~ ~ g i g ~ ~ ~ ~ W~V a~az i a~~ Q. J ~~ I ~ ~ ~ ~ C~C ~55 ~ Q Y i~ ` ~Yq ~ py{ py~ 06 C ~ 3 ~ ~ ~ ~ a ~ Z ~jOj '., ~ 6 5 i F f ~ ~~ ~ ~I O O O O 8~ J LL N b§ d O O O O 'Y- p. -~- ___ _ t ~' {. o sr f ua ~ _ I ~~ ~O ~I _~~~ ,_ ~ I O - •-~O ,~~ ~. ~~.. d ~; ~~ __;;~ __~~ ~~ ~, _ i 0 1° ~~~ i t -~ a ~_ t '. _ ~ m ~ P '~ 'o ,~ ~ s-__ ~O 'O ;H /O ~, ~_ O d ~~~ O O O a ~ / ~ i L yi O r' P~ V . ~ /1 i ~.i i~ ~~i 111 LL ` \U Ay ~ . m I ~• ~ Q g i I ? ~ o~n 3 ~~~ g ~ ~ ~ `~ ~ f ~ ~~ ~ j s ~a lE a a~ O O O O ~ _.. ~. _. _. _--1` ~ "~ 0 O o ~fr i ~~ a 0 ~o ~~ ~~ d 3 ~ O O _O _._. __- O d c ~ ~~ t __. ~ _- - ~~ r~~ I i I k 1 .. .. ~ O i a ~. ~ ~ ._~0 q i.0 I :) 7? I 1 ~.._ `~~_n °~( /O i i ~/0 o/, /O * /, ~~ ~' ~ ~ __ \~O _. -.__ / f6 N e W b & o ~ z ~ ~ ~ ~ V w~ ' ~~ w Ca ~ ~ ~ ~ g ~ V ~ ~ ~ Q Q Z ~ c7 ~~ ~ . ~ y ~ cE? ~ ~ ~; II p E e[ ~ ~ ~ ~ ~ W ¢ ~'. U , ~ ~ ~ Q 1$ ~ I ~ pp ~ 8 '. I~ ~ I 3 ~ _ g `~` C f it 1 ~I ~~ O 3 ~~~o ,o o 0 ~o io 0 0 0 U ~ W ~ A w ~j ~ ~ ~ i ~ ~ ~ s ~~~~ ~ ~~ ~ a~~ ~ € ~ s ~ ~ e B ~ I Q ~ ~ P ~ e ~ ~~ 7 3 ~ ~ w U ma? ~~ vrig~ = Z ~'~ (7 b~ {~ ~W d 3 ~ II ~;. a ~, ~ $ ;4 ' !F r I ~ ~ g, ' Q i~r ~Y' 0 $ 8 8 ~,F ~S EI C IB A ffi ~ ~ k ~ ~ $ ~ g~ $ ~~ ~ a 416 ~ "~d ~~~W K ~ ~ ~o ~ i. ~, ~~ ~~I~ ~ ~~ ~ bbbYYY Q ~ LL ~ € ~ ~ ~:, ~ ~ Qg p, ~ (' ~ _.... _.. ~a ~ ~.__ ~ 3` Z Z j ~~i e " F z ' ' ~~ yy w i- ,- a J I d a„ za 2~ ~ 4 y~ ~ 2 Q a ~_ a w ~i 0 y~_ Q a a s `,~ s ~~ !z~ is=r Y _. ~° '!t 0 f t ~ f ~ f; ~ 3 t• ® a a e I. o ~ U a ~ e ~ ~ ~ r N w g5 5 . s. Q Z Q i7 ' Q o ° ° ~ ~ ~ ~ ~ ~ Q 5 ~o~ t c ~ a N~ m x @~ ~ Q m t o --~ t,-.~ t ~ .~ t_o ~.-;~ t i _ . ~ t ~ :~ ~,.f d d d d d x ti a ~_ 1 J S zSQW z~ ~~ N g3 z Y~'r i ~n i4 a LL 2 4 ~E 3s G~ 3~ ~F wN 3 Y i9 -_- r._- a . ~Z 3 RESOLUTION NO. 00- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT A DEVELOPMENT AGREEMENT FOR PA 99-062 SYBASE CORPORATE HEADQUARTERS WHEREAS, the Alameda County Surplus property Authority, the property owner, and Wlcox Development Services, the applicant, have requested approval of a Development Agreement for the proposed Sybase Corporate Headquarters facility on 14.5 acres of land at the northwest corner of Dublin Boulevazd and Hacienda drive in the Eastern Dublin Specific Plan area; and WHEREAS, a Development Agreement is required as an implementing measure of the Eastern Dublin Specific Plan; and WHEREAS, this project is within the scope of the Eastern Dublin Specific Plan and General Plan Amendment, for which a Program EIR was certified (SCH 91103064). A Mitigated Negative Declaration has been prepared for the project because the project will not have environmental effects which were not examined in the Program EIR. No new effects will occur and therefore no revisions to the Program EIR aze required. That Mitigated Negative Declaration together with the Program EIR adequately describes the total project for the purposes of CEQA; and WHEREAS, the text of the Draft Development Agreement is attached to this resolution as Exhibit 1; and WHEREAS, the Planning Commission did hold a public hearing on said application on May 9, 2000; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Staff Report was submitted recommending that the Planning Commission recommend that the City Council approve the Development Agreement; and WHEREAS, the Planning Commission did hear and use their independent judgment and considered the Mitigated Negative Declaration, all said reports, recommendations and testimony hereinabove set forth. NOW THEREFORE BE IT RESOLVED THAT THE Dublin Planning Commission does hereby make the following findings and determinations regarding said proposed Development Agreement: 1. Said Agreement is consistent with the objectives, policies, general land uses and programs specified in the Eastern Dublin Specific Plan/General Plan in that, a) the Eastern Dublin Specific Plan/General Plan land use designation for the subject site is proposed to be Campus Office and that the Sybase project is consistent with that designation; b) the project is ATTACHMENT4 consistent with the fiscal policies in relation to provision of infrastructure and public services of the City's Eastern Dublin Specific Plan/General Plan; c) the Agreement sets forth the rules the Developer and City will be governed by during the development process which is required by the Eastern Dublin Specific Plan; and the Mitigation Monitoring Program of the Eastern Dublin Specific Plan. 2. Said Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located in that the project approvals include a Planned Development Rezone and Site Development Review. 3. Said Agreement is in conformity with public convenience, general welfaze and good land use practice in that the Sybase project will implement land use guidelines set forth in the Eastern Dublin Specific Plan/General Plan, as proposed. 4. Said Agreement will not be detrimental to the health, safety and general welfare in that the development will proceed in accordance with the Agreement and any Conditions of Approval for the Project; and 5. Said Agreement will not adversely affect the orderly development of the property or the preservation of property values in that the development will be consistent with the City of Dublin Eastern Dublin Specific Plan/General Plan. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby recommend that the City Council approve the Development Agreement between the Alameda County Surplus Property Authority, Wilcox Development Services and the City of Dublin for PA 99-062, Sybase Corporate Headquarters facility. PASSED, APPROVED AND ADOPTED this 9th day of May, 2000. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Community Development Director DRAFT City of Dublin When Recorded Mail To: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568 Space above this line for Recorder's Use DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND WSD -DUBLIN, LLC AND THE SURPLUS PROPERTY AUTHORITY OF THE COUNTY OF ALAMEDA FOR THE SYBASE PROJECT E~dr'~it ~ v LZO/ZOOI~f flAVN S2I~d~A T866TSEOT9$ OO~OT 00/50/50 TABLE OF CONTENTS 1. Description of Pro perty . ..................... ............................. 2 2. Interest of Develoo er ......................... ............................. 2 3. Relationship of CITY. COUNTY and DEVELOPER . ........................... 2 4. Effective Date and Term ................................................... 3 4.1 Effective Date ..................................................... 3 4.2 Tenn . ...........................................................3 4.3 Termination Upon Issuance of Certificate of Occupancy ............. 3 5. Use of the Pronertv ....................................................... 3 5.1 Right to Develop ..................................................3 5.2 Permitted Uses ...........................:........................3 5.3 Additional Conditions .............................................. 3 6. Applicable Rules Regulations and Official Policies ............................. 4 6.1 Rules re Permitted Uses ............................................. 4 6.2 Rules re Design and Construction ..................................... 4 6.3 Uniform Codes Applicable .......................................... 5 7. Subsequently Enacted Rules and Reeulations .................................. 5 7.1 I~ew Rules and Regulations .......................................... 5 7.2 Annroval of Application ............................................ 5 7.3 Moratorium Not Anplicable .......................................... 5 8. Subseauentl~Enacted or Revised Feec Assessments and Taxes ................... 5 8.1 Fees. Exactions. Dedications ......................................... 5 8.2 Revised Application Fees ........................................... 6 8.3 New Taxes .......................................................6 8.4 Assessments ......................................................6 8.5 Vote on Future Assessments and Fees .................................. 6 9. Amendment or Cance lation ............................................... 6 9.1 Modification Because of Conflict with State pr Federal Laws ............... 6 9.2 Amendment by Mutual Consent ..............................:....... 6 9.3 Insubstantial Amendments ........................................... 6 9.4 Amendment of ProjectApprovalc ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,7 9.5 Cancellation by Mutual Consent ...................................... 7 Dublin /WSD-Dublin LLC/Surplus Authority Development Agreement - Sybase Project Table of Contents - Page i of iii May 5, 2000 GZO/EOOLE3J ~AdN SN9A~Ni T8D6T9EOT5$ OO~OT 00/50/50 10. Term of Proiect Annrovals .................. ............................... 7 11. Annual Review ........................... ...............................7 11.1 Review Date ....................... ...............................7 11.2 Initiation of Revi ~ ..... , ........... ............................... 7 11.3 Staff Reroorts ...................... ...............................8 11.4 Costs ............................. ...............................8 12. Default ................................. ...............................8 12.1 Other Remedies Available ............ ............................... 8 12.2 Notice and Cure ..................... .............................. 8 12.3 No Damages Aeainst CITY ............ .............................. 8 13. EstonnelCertificate ........................ ..............................8 14. Mortgagee Protection: Certain Ri is of Cure ................................. 9 14.1 Mortgagee Protection ............................................... 9 14.2 lV~ortg_agee Not Obli ag ted ........................................... 9 14.3 Notice of Default to Mortgagee and Extension of Right to Cure ............. 9 15. Severabilitv ............................................................9 16. Attorneys' Fees and Costs ................................................ 10 17. Transfers and Assi nnlents ............................................... 10 17.1 DEVELOPER's Right to Assien ...................................... 10 17.2 Release Unon Transfer ............................................. 10 17.3 Develoroer's Right to Retain Sroecified Rights or Obli atg ions ............... 11 18. Agreement Runs with the Land ............................................ 11 19. B tc ............................................................11 20. Indemnification ........................................................11 21. Insurance .............................................................12 21.1 Public Liability and Property Damage Insurance ........................ 12 21.2 Workers trompensation Insurance .................................... 12 21.3 Evidence of Insurance .............................................12 22. Sewer and Water .......................................................12 23. Notices ..........._ ...................................................13 Dublin /WSD-Dublin LLC/Surplus Authority Table of Contents -Page ii of iii Development Agreement - Sybase Project May 5, 2000 LZO/600 ~ ~AdN S2I~A8W T866TS£OTS$ OO~OT 00/SO/SO 25. Aereement is Entire Understanding ......................................... 14 26. Exhibits ..............................................................14 27. Counteroarts ...........................................................14 28. Recordation ...........................................................14 Dublin /WSD-Dublin LLC/Surplus Authority Development Agreement - Sybase Project Table of Contents -Page iii of iii May 5, 2000 LZO/S00 ~ ~AVN SN~A~W T866TSEOTS$ TOOT 00/SO/SO THIS DEVELOPMENT AGREEMENT is made and entered in the City of Dublin on this _ day of _, 2000, by and between the CITY OF DUBLIN, a Municipal Corporation (hereafter "CITY"), WDS -Dublin, LLC, a limited liability company (hereafter "DEVELOPER") and the Surplus Property Authority of Alameda County, a public corporation (hereafter "COUNTY") pursuant to the authority of §§ 65864 et seq. of the California Government Code and Dublin Municipal Code, Chapter 8.56. RECITALS A. California Government Code § § 65864 et seq. and Chapter 8.56 of the Dublin Municipal Code (hereafter "Chapter 8.56") authorize the CITY to enter into an Agreement for the development of real property with any person having a legal or equitable interest in such property in order to establish certain development rights in such property; and B. The City Council adopted the Eastern Dublin Specific Plan by Resolution No. 53-93 which Plan is applicable to the Property; and C. development agreement; and D. DEVELOPER desires to develop and holds legal interest in certain real property consisting of approximately 14.5 acres of land, located in the City of Dublin, County of Alameda, State of California, which is more particulazly described in Exhibit A attached hereto and incorporated herein by this reference, and which real property is hereafter called the "Property"; and E. DEVELOPER acquired, or will acquire, its interest in the Property from COUNTY pursuant to a purchase and sale agreement which allocates rights and obligations as between COUNTY and DEVELOPER. COUNTY is a party to this Agreement because COUNTY will dedicate certain land, construct certain improvements and receive certain credits; F. DEVELOPER proposes the development of the Property for a corporate center, including two office buildings (the "Project"); and G. DEVELOPER has applied for, and CITY has approved or is processing, vazious land use approvals in connection with the development of the Project, including a general plan amendment (Resolution No. ~, a Specific Plan Amendment (Resolution No. i), PD District rezoning (including Stage 1 and 2 Development Plan) (Ordinance No. _.~, parcel map (Planning Commission Resolution No. ~ and Site Development Review (Resolution No. _), (collectively, together with any approvals or permits now or hereafter issued with respect to the Project, the "Project Approvals"); and H. Development of the Property by DEVELOPER may be subject to certain future discretionary approvals, which, if granted, shall automatically become part of the Project Dublin/WSD-Dublin LLC/ Surplus Authority Development Agreement - Sybase Project LZO/900~J ~AdN SiI~d9lQ T866TS£OTS$ The Eastern Dublin Specific Plan requires DEVELOPER to enter into a Page 1 of 15 May 5, 2000 TOOT 00/SO/SO Approvals as each such approval becomes effective; and I. CITY desires the timely, efficient, orderly and proper development of said Project; and J. The City Council has found that, among other things, this Development Agreement is consistent with its General Plan and the Eastern Dublin Specific Plan and has been reviewed and evaluated in accordance with Chapter 8.56; and K. CITY, COUNTY and DEVELOPER have reached agreement and desire to express herein a Development Agreement that will facilitate development of the Project subject to conditions set forth herein; and L. Pursuant to the California Environmental Quality Act (CEQA) the City has found, pursuant to CEQA Guidelines section 15182, that the Project is within the scope of the Final Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan which was certified by the Council by Resolution No. 51-93 and the Addenda dated May 4, 1993 and August 22, 1994 (the "EIR") and found that the Mitigated Negative Declaration prepared for the Project is adequate for this Agreement; and M. On , 2000, the City Council of the City of Dublin adopted Ordinance No. approving this Development Agreement. The ordinance took effect on , 2000. NOW, THEREFORE, with reference to the foregoing recitals and inconsideration of the mutual promises, obligations and covenants herein contained, CITY, COUNTY and DEVELOPER agree as follows: AGREEMENT Description of Property. The Property which is the subject of this Development Agreement is described in Exhibit A attached hereto ("Property"). Interest of Developer. The DEVELOPER has a legal or equitable interest in the Property. 3. Relationship of CITY. COUNTY and DEVELOPER. It is understood that this Agreement is a contract that has been negotiated and voluntarily entered into by CITY, COUNTY and DEVELOPER and that neither the DEVELOPER nor COUNTY is an agent of CITY. The CITY, COUNTY and DEVELOPER hereby renounce the existence of any form of joint venture or partnership between them, and Dublin/WSD-Dublin LLG Surplus Authority Page 2 of IS Development Agreement - Sybase Project May 5, 2000 LZO/L00~ 3AtlN S2I~AHIY T86DTS£oT5$ ZO~OT 00/SO/SO agree that nothing contained herein or in any document executed in connection herewith shall be construed as making the CITY, COUNTY and DEVELOPER joint venturers or partners. 4. Effective Date and Term. 4.1 Effective Date. The effective date of this Agreement shall be the date upon which this Agreement is signed by CITY. 4.2 Term. The term of this Development Agreement shall commence on the Effective Date and extend five (5) years thereafter, unless said term is otherwise terminated or modified by circumstances set forth in this Agreement. 4.3 Termination Unon Issuance of Certificate of Occupancv Upon issuance of the final certificate of Occupancy for the Project, this Development Agreement shall terminate with respect to DEVELOPER only. The agreement shall continue in effect with respect to the COUNTY until terminated pursuant to Section 4.2. iJse of the Property. 5.1 Rieht to Develop. DEVELOPER shall have the vested right to develop the Project on the Property in accordance with the terms and conditions of this Agreement, the Project Approvals (as and when issued), and any amendments to any of them as shall, from time to time, be approved pursuant to this Agreement. 5.2 Permitted Uses. The pernutted uses of the Property, the density and intensity of use, the maximum height, bulk and size of proposed buildings, provisions for reservation or dedication of land for public purposes and location and maintenance of on-site and off-site improvements, location of public utilities (operated by CITY) and other terms and conditions of development applicable to the Property, shall be those set forth in this Agreement, the Project Approvals and any amendments to this Agreement or the Project Approvals. 5.3 Additional Conditions. Provisions for the following ("Additional Conditions") aze set forth in Exhibit B attached hereto and incorporated herein by reference. 5.3.1 Subsequent Discretionary Apurovals. Conditions, terms, restrictions, and requirements for subsequent discretionary actions. (These conditions do not affect DEVELOPER'S responsibility to obtain all other land use approvals required by the ordinances of the City of Dublin and any permits required by regulatory agencies.) Not Applicable 5.3.2 Mitigation Conditions. Additional or modified conditions agreed upon by the parties in order to eliminate or mitigate adverse environmental impacts of the Project or otherwise relating to development of the Project. Dublin/WSD-Dublin LLC/ Surplus Authority Development Agreement - Sybase Project LZO/800f[J ~e1VN SiI3d8A T866T4EOT4$ Page 3 of 15 May 5, 2000 ZO~OT 00/90/40 See Exhibit B 5.3.3 Phasin .Timing. Provisions that the Project be constructed in specified phases, that construction shall commence within a specified time, and that the Project or any phase thereof be completed within a specified time. See Exhibit B 5.3.4 Financing Plan. Financial plans which identify necessary capital improvements such as streets and utilities and sources of funding. See Exhibit B 5.3.5 Fees. Dedications. Terms relating to payment of fees or dedication of property. See Exhibit B 5.3.6 Reimbursement. Terms relating to subsequent reimbursement over time for financing of necessary public facilities. See Exhibit B 5.3.7 Miscellaneous. Miscellaneous terms. See Exhibit B 6. Applicable Rules. Regulations and Official Policies. 6.1 Rules re Permitted es. For the term of this Agreement, the City's ordinances, resolutions, rules, regulations and official policies governing the permitted uses of the Property, governing density and intensity of use of the Property and the maximum height, bulk and size of proposed buildings shall be those in force and effect on the effective date of this Agreement. 6.2 Rules re Design and Construction. Unless otherwise expressly provided in Pazagraph 5 of this Agreement, the ordinances, resolutions, rules, regulations and official policies governing design, improvement and construcfion standards and specifications applicable to the Project shall be those in force and effect at the time of the applicable discretionary Project Approval. 1n the event of a conflict between such ordinances, resolutions, rules, regulations and official policies and the Project Approvals, the Project Approvals shall prevail. Ordinances, resolutions, rules, regulations and official policies governing design, improvement and construction standazds and specifications applicable to public improvements to be constructed by Developer shall be those in force and effect at the time of the applicable permit approval for the public improvement. Dublin/WSD-Dublin LLC/ Surplus Authority Page 4 of 15 Development Agreement - Sybase Project May 5, 2000 LZO/6001~J BAVN S2IHdHA T8D6T5EOT9$ EO~OT 00/50/50 6.3 Uniform Codes Applicable. Unless expressly provided in Paragraph 5 of this Agreement, the Project shall be constructed in accordance with the provisions of the Uniform Building, Mechanical, Plumbing, Electrical and Fire Codes and Title 24 of the California Code of Regulations, relating to Building Standards, in effect at the time of approval of the appropriate building, grading, or other construction permits for the Project. Subseouently Enacted Rules and Regulations. 7.1 New Rules and Regulations. During the term of this Agreement, the CITY may apply new or modified ordinances, resolutions, rules, regulations and official policies of the CITY to the Property which were not in force and effect on the effective date of this Agreement and which are not in conflict with those applicable to the Property as set forth in this Agreement and the Project Approvals if: (a) the application of such new or modified ordinances, resolutions, rules, regulations or official policies would not prevent, impose a substantial financial burden on, or materially delay development of the Property as contemplated by this Agreement and the Project Approvals and (b) if such ordinances, resolutions, rules, regulations or official policies have general applicability. 7.2 Approval of Application. Nothing in this Agreement shall prevent the CITY from denying or conditionally approving any subsequent land use permit or authorization for the Project on the basis of such new or modified ordinances, resolutions, rules, regulations and policies except that such subsequent actions shall be subject to any conditions, terms, restrictions, and requirements expressly set forth herein. 7.3 Moratorium Not Anolicable. Notwithstanding anything to the contrary contained herein, in the event an ordinance, resolution or other measure is enacted, whether by action of CITY, by initiative, referendum, or otherwise, that imposes a building moratorium which affects the Project on all or any part of the Property, CITY agrees that such ordinance, resolution or other measure shall not apply to the Project, the Property, this Agreement or the Project Approvals unless the building moratorium is imposed as part of a declaration of a local emergency or state of emergency as defined in Government Code § 8558. 8. Subsequently Enacted or Revised Fees Assessments and Taxes. 8.1 Fees. Exactions. Dedications. CITY and DEVELOPER agree that the fees payable and exactions required in connection with the development of the Project Approvals for purposes of mitigating environmental and other impacts of the Project, providing infrastructure for the Project and complying with the Specific Plan shall be those set forth in the Project Approvals and in this Agreement (including Exhibit B). The CITY shall not impose or require payment of any other fees, dedications of land, or construction of any public improvement or facilities, shall not increase or accelerate existing fees, dedications of land or construction of public improvements, in connection with any subsequent discretionary approval for the Property, except as set forth in the Project Approvals and this Agreement (including Exhibit B, subparagraph 5.3.5). Dublin/WSD-Dublin LLC/ Surplus Authority Development Agreement - Sybase Project LZO/OTOf~J BAVN S2I~A9Hi T86DTSEOTS$ Page 5 of 15 May 5, 2000 EO~OT 00/SO/SO 8.2 Revised Application Fees. Any existing application, processing and inspection fees that aze revised during the term of this Agreement shall apply to the Project provided that (1) such fees have general applicability; (2) the application of such fees to the Property is prospective; and (3) the application of such fees would not prevent development in accordance with this Agreement. By so agreeing, DEVELOPER does not waive its rights to challenge the legality of any such application, processing and/or inspection fees. 8.3 New Taxes. Any subsequently enacted city-wide taxes shall apply to the Project provided that: (1) the application of such taxes to the Property is prospective; and (2) the application of such taxes would not prevent development in accordance with this Agreement. By so agreeing. DEVELOPER does not waive its rights to challenge the legality of any such taxes. 8.4 Assessments. Nothing herein shall be construed to relieve the Property from assessments levied against it by CITY pursuant to any statutory procedure for the assessment of property to pay for infrastructure and/or services which benefit the Property. 8.5 Vote on Future Assessments and Fees. In the event that any assessment, fee or chazge which is applicable to the Property is subject to Article XIIID of the Constitution and DEVELOPER does not return its ballot, DEVELOPER agrees, on behalf of itself and its successors, that CITY may count DEVELOPER's ballot as affirmatively voting in favor of such assessment, fee or charge. 9. Amendment or Cancellation. 9.1 Modification Because of Conflict with State or Federal Laws. In the event that state or federal laws or regulations enacted after the effective date of this Agreement prevent or preclude compliance with one or more provisions of this Agreement or require charlges in plans, maps or permits approved by the CITY, the parties shall meet and confer in good faith in a reasonable attempt to modify this Agreement to comply with such federal or state law or regulation. Any such amendment or suspension of the Agreement shall be approved by the City Council in accordance with Chapter 8.56. 9.2 Amendment by Mutual Consent. This Agreement may be amended in writing from time to time by mutual consent of the parties hereto and in accordance with the procedures of State law and Chapter 8.56. 9.3 Insubstantial Amendments. Notwithstanding the provisions of the preceding section 9.2, any amendments to this Agreement which do not relate to (a) the term of the Agreement as provided in section 42; (b) the permitted uses of the Property as provided in section 5.2; (c) provisions for "significant" reservation or dedication of land as provided in Exhibit B; (d) conditions, terms, restrictions or requirements for subsequent discretionary actions; (e) the density or intensity of use of the Project; (f) the maximum height or size of Dublin/WSD-Dublin LLC/ Surplus Authority Development Agreement - Sybase Project LZO/TTO I~j BAVN S2ISA811I T866T4EOT4$ Page 6 of 15 May 5, 2000 DO~OT 00/40/50 proposed buildings; or (g) monetary contributions by DEVELOPER as provided in this Agreement, shall not, except to the extent otherwise required by law, require notice or public hearing before either the Planning Commission or the City Council before the parties may execute an amendment hereto. CITY's Public Works Director shall determine whether a reservation or dedication is "significant". 9.4 Amendment of Project Approvals. Any amendment of Project Approvals relating to: (a) the permitted use of the Property; (b) provision for reservation or dedication of land; (c) conditions, terms, restrictions or requirements for subsequent discretionary actions; (d) the density or intensity of use of the Project; (e) the maximum height or size of proposed buildings; (f) monetary contributions by the DEVELOPER; or (g) public improvements to be constructed by DEVELOPER shall require an amendment of this Agreement. Such amendment shall be limited to those provisions of this Agreement which are implicated by the amendment of the Project Approval. Any other amendment of the Project Approvals, or any of them, shall not require amendment of this Agreement unless the amendment of the Project Approval(s) relates specifically to some provision of this Agreement. 9.5 _Cancellation by Mutual Consent. Except as otherwise permitted herein, this Agreement may be canceled in whole or in part only by the mutual consent of the parties or their successors in interest, in accordance with the provisions of Chapter 8.56. Any fees paid pursuant to Paragraph 5.3 and Exhi it B of this Agreement prior to the date of cancellation shall be retained by CITY. 10, erm of Pro' royal . Pursuant to California Government Code Section 66452.6(a), the term of the parcel map described in Recital G above shall automatically be extended for the term of this Agreement. The term of any other Project Approval shall be extended only if so provided in Exhibit B. 11. Annual Review. 11.1 Review Date. The annual review date for this Agreement shall be August 15, 2001 and each August 15 thereafter. 11.2 Initiation of Review. The CITY's Community Development Director shall initiate the annual review, as required under Section 8.56.140 of Chapter 8.56, by giving to DEVELOPER thirty (30) days' written notice that the CITY intends to undertake such review. DEVELOPER shall provide evidence to the Community Development Director prior to the heating on the annual review, as and when reasonably determined necessary by the Community Development Director, to demonstrate good faith compliance with the provisions of the Development Agreement. The burden of proof by substantial evidence of compliance is upon the DEVELOPER. Dublin/WSD-Dublin LLC/ Surplus Authority Page 7 of 15 Development Agreement - Sybase Project May 5, 2000 LZO/ZTO~ ~AdN SiI~ABN T866T5EOT5~Qi 50~OT 00/50/50 11.3 Staff Reports. To the extent practical, CITY shall deposit in the mail and fax to DEVELOPER a copy of all staff reports, and related exhibits concerning contract performance at least five (S) days prior to any annual review. 11.4 Costs. Costs reasonably incurred by CITY in connection with the annual review shall be paid by DEVELOPER in accordance with the City's schedule of fees in effect at the time of review. 12. Default. 12.1 Other Remedies Available. Upon the occurrence of an event of default, the parties may pursue all other remedies at law or in equity which aze not otherwise provided for in this Agreement or in City's regulations governing development agreements, expressly including the remedy of specific performance of this Agreement. 12.2 Notice and Cure. Upon the occurrence of an event of default by any party, the nondefaulting party shall serve written notice of such default upon the defaulting party. If the default is not cured by the defaulting party within thirty (30) days after service of such notice of default, the nondefaulting party may then commence any legal or equitable action to enforce its rights under this Agreement; provided, however, that if the default cannot be cured within such thirty (30) day period, the nondefaulting party shall refrain from any such legal or equitable action so long as the defaulting party begins to cure such default within such thirty (30) day period and diligently pursues such cure to completion. Failure to give notice shall not constitute a waiver of any default. An event of default by COUNTY or DEVELOPER shall not be deemed a default by the other party. 12.3 No Damaees Aeainst CITY. In no event shall damages be awarded against CITY upon an event of default or upon termination of this Agreement. 13. Estonoel Certificate, Any party may, at any time, and from time to time, request written notice from the other party requesting such party to certify in writing that, (a) this Agreement is in full force and effect and a binding obligation of the parties, (b) this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the amendments, and (c) to the knowledge of the certifying party the requesting party is not in default in the perfornTance of its obligations under this Agreement, or if in default, to describe therein the nature and amount of any such defaults. A party receiving a request hereunder shall execute and return such certificate within thirty (30) days following the receipt thereof, or such longer period as may reasonably be agreed to by the parties. City Manager of City shall be authorized to execute any certificate requested by DEVELOPER or COUNTY. Should the party receiving the request not execute and return such certificate within the applicable period, this shall not be deemed to be a default, provided that such party shall be deemed to have certified that the statements in clauses (a) through (c) of this section are true, and any party may rely on such deemed certification. Dublin/WSD-Dublin LLC/ Surplus Authority Page 8 of 15 Development Agreement - Sybase Project May 5, 2000 LZO/£TO ~ BAVN S2IHA~IT T866TS£OT9$ 90~OT 00/90/50 14. Mortgagee Protection• Certain Rights of Cure. 14.1 Mortgagee Protection. This Agreement shall be superior and senior to any lien placed upon the Property, or any portion thereof after the date of recording this Agreement, including the lien for any deed of trust or mortgage ("Mortgage"). Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith and for value, but all the terms and conditions contained in this Agreement shall be binding upon and effective against any person or entity, including any deed of trust beneficiary or mortgagee ("Mortgagee") who acquires title to fire Property, or any portion thereof, by foreclosure, trustee's sale, deed in lieu of foreclosure, or otherwise. 14.2 Mortgagee Not Obli ag red. Notwithstanding the provisions of Section 14.1 above, no Mortgagee shall have any obligation or duty under this Agreement, before or after foreclosure or a deed in lieu of foreclosure, to construct or complete the construction of improvements, or to guarantee such construction of improvements, or to guarantee such construction or completion, or to pay, perform or provide any fee, dedication, improvements or other exaction or imposition; provided, however, that a Mortgagee shall not be entitled to devote the Property to any uses or to construct any improvements thereon other than those uses or improvements provided for or authorized by the Project Approvals or by this Agreement. 14.3 Notice of Default to Mortgagee and Extension of Right to Cure. If CITY receives notice from a Mortgagee requesting a copy of any notice of default given DEVELOPER hereunder and specifying the address for service thereof, then CITY shall deliver to such Mortgagee, concurrently with service thereon to DEVELOPER, any notice given to DEVELOPER with respect to any claim by CITY that DEVELOPER has committed an event of default. Each Mortgagee shall have the right during the same period available to DEVELOPER to cure or remedy, or to commence to cure or remedy, the event of default claimed set forth in the CITY's notice. CITY, through its City Manager, may extend the thirty-day cure period provided in section 12.2 for not more than an additional sixty (60) days upon request of DEVELOPER or a Mortgagee. 15. Severability. The unenforceability, invalidity or illegality of any provisions, covenant, condition or term of this Agreement shall not render the other provisions unenforceable, invalid or illegal. 16. Attorneys' Fees and Cocrs. If CITY, COUNTY or DEVELOPER initiates any action at law or in equity to enforce or interpret the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs in addition to any other relief to which it may otherwise be entitled. If any person or entity not a party to this Agreement initiates an Dublin/WSD-Dublin LLC/ Surplus Authority Development Agreement - Sybase Project LZO/6IOf~j ~AdN SNflA3W T866T9EOT9$. Page 9 of 15 May 5, 2000 LOOT 00/90/50 action at law or in equity to challenge the validity of any provision of this Agreement or the Project Approvals, the parties shall cooperate and appeaz in defending such action. DEVELOPER and COUNTY shall jointly bear their own costs of defense as a real party in interest in any such action, and DEVELOPER and COUNTY shall reimburse CITY on an equal basis for all reasonable court costs and attorneys' fees expended by CITY in defense of any such action or other proceeding unless the action is based on an obligation of either COUNTY or DEVELOPER in which case that parry shall be wholly obligated to reimburse CITY. 17. Transfers and Assignments. 17.1 DEVELOPER's Rieht to Assign. All of DEVELOPER'S rights, interests and obligations hereunder may be transferred, sold or assigned in conjunction with the transfer, sale, or assignment of all of the Property subject hereto at any time during the term of this Agreement, provided that no transfer, sale or assignment of DEVELOPER's rights, interests and obligations hereunder shall occur without the prior written notice to CITY and approval by the City Manager, which approval shall not be unreasonably withheld or delayed. The City Manager shall consider and decide the matter within 10 working days after DEVELOPER'S notice provided and receipt by City Manager of all necessary documents, certifications and other information required by City Manager to decide the matter. The City Manager's approval shall be for the purposes of: a) providing notice to CITY; b) assuring that all obligations of DEVELOPER aze allocated as between DEVELOPER and the proposed purchaser, transferee or assignee; and c) assuring CITY that the proposed purchaser, transferee or assignee is capable of performing the DEVELOPER'S obligations hereunder not withheld by DEVELOPER pursuant to section 17.3. Notwithstanding the foregoing, provided notice is given as specified in Section 23, no CITY approval shall be required for any transfer, sale, or assignment of this Agreement to: 1) Sybase Inc.; 2) any entity which is an affiliate or subsidiary of DEVELOPER; 3) any Mortgagee; or 4) any transferee of a Mortgagee. 17.2 Release Unon Transfer. Upon the transfer, sale, or assignment of all of DEVELOPER'S rights, interests and obligations hereunder pursuant to section 17.1 of this Agreement, DEVELOPER shall be released from the obligations under this Agreement, with respect to the Property transferred, sold, or assigned, azising subsequent to the date of City Manager approval of such transfer, sale, or assignment; provided, however, that if any transferee, purchaser, or assignee approved by the City Manager expressly assumes all of the rights, interests and obligations of DEVELOPER under this Agreement, DEVELOPER shall be released with respect to all such rights, interests and assumed obligations. In any event, the transferee, purchaser, or assignee shall be subject to all the provisions hereof and shall provide all necessary documents, certifications and other necessary information prior to City Manager approval. 17.3 Developer's Ri@ht to Retain Specified Rights or Obligations. Notwithstanding sections 17.1 and 17.2 and section 18, DEVELOPER may withhold from a sale, transfer or assignment of this Agreement certain rights, interests and/or obligations which DEVELOPER shall retain, provided that DEVELOPER specifies such rights, interests and/or obligations in a written document to be appended to this Agreement and recorded with the Dublin/WSD-Dublin LLC/ Surplus Authority Pago !0 of 15 Development Agreement - Sybase Project May 5, 2000 LZO/STO~j ~AtlN Sa~d~W T866T5£OTS$ LOOT 00/SO/SO Alameda County Recorder prior to the sale, transfer or assignment of the Property. DEVELOPER's purchaser, transferee or assignee shall then have no interest or obligations for such rights, interests and obligations and this Agreement shall remain applicable to DEVELOPER with respect to such retained rights, interests and/or obligations. 18. Agreement Runs with the Land. All of the provisions, rights, terms, covenants, and obligations contained in this Agreement shall be binding upon the parties and their respective heirs, successors and assignees, representatives, lessees, and all other persons acquiring the Property, or any portion thereof, or any interest therein, whether by operation of law or in any manner whatsoever. All of the provisions of this Agreement shall be enforceable as equitable servitude and shall constitute covenants running with the land pursuant to applicable laws, including, but not limited to, Section 1468 of the Civil Code of the State of California. Each covenant to do, or refrain from doing, some act on the Property hereunder, or with respect to any owned property, (a) is for the benefit of such properties and is a burden upon such properties, (b) runs with such properties, and (c) is binding upon each party and each successive owner during its ownership of such properties or any portion thereof, and shall be a benefit to and a burden upon each party and its property hereunder and each other person succeeding to an interest in such properties. 19. Bankruotcv. The obligations of this Agreement shall not be dischargeable in bankruptcy. 20. Indemnification. DEVELOPER agrees to indemnify, defend and hold harmless CITY, and its elected and appointed councils, boazds, commissions, officers, agents, employees, and representatives from any and all claims, costs (including legal fees and costs) and liability for any personal injury or property damage which may arise directly or indirectly as a result of any actions or inactions by the DEVELOPER, or any actions or inactions of DEVELOPER'S contractors, subcontractors, agents, or employees in connection with the construction, improvement, operation, or maintenance of the Project, provided that DEVELOPER shall have no indemnification obligation with respect to negligence or wrongful conduct of CITY, its contractors, subcontractors, agents or employees or with respect to the maintenance, use or condition of any improvement after the time it has been dedicated to and accepted by the CITY or another public entity (except as provided in an improvement agreement or maintenance bond). If CITY is named as a party to any legal action, CITY will cooperate with DEVELOPER, will appear in such action and will not unreasonably withhold approval of a settlement otherwise acceptable to DEVELOPER. If CITY is named as a parry to any legal action, CITY will cooperate with DEVELOPER, will appear in such action and will not unreasonably withhold approval of a settlement otherwise acceptable to DEVELOPER. COUNTY agrees to indemnify, defend and hold harmless CITY, and its elected and Dublin/WSD-Dublin LLC/ Surplus Authority Development Agreement - Sybase Project LZO/BTOf~J ~AdN SN9A~W T846T480T4$. Page 11 of 15 May 5, 2000 80~Oi 00/40/50 appointed councils, boards, commissions, officers, agents, employees, and representatives from any and all claims, costs (including legal fees and costs) and liability for any personal injury or property damage which may azise directly or indirectly as a result of any actions or inactions by the COUNTY, or any actions or inactions of COUNTY's contractors, subcontractors, agents, or employees in connection with the construction, improvement, operation, or maintenance of the Project, provided that COUNTY shall have no indemnification obligation with respect to negligence or wrongful conduct of CITY, its contractors, subcontractors, agents or employees or with respect to the maintenance, use or condition of any improvement after the time it has been dedicated to and accepted by the CITY or another public entity (except as provided in an improvement agreement or maintenance bond). if CITY is named as a party to any legal action, CITY. will cooperate with COUNTY, will appear in such action and will not unreasonably withhold approval of a settlement otherwise acceptable to COUNTY. 21. Insurance. 21.1 Public Liabili , and Property D e Insurance. At all times that DEVELOPER is constructing any improvements that will become public improvements, DEVELOPER shall maintain in effect a policy of comprehensive general liability insurance with aper-occurrence combined single limit of not less than one million dollars ($1,000,000.00) and a deductible of not more than ten thousand dollars ($10,000.00) per claim. The policy so maintained by DEVELOPER shall name the CITY as an additional insured and shall include either a severability of interest clause or cross-liability endorsement. 21.2 Workers Compensation Insurance. At all times that DEVELOPER is constructing any improvements that will become public improvements, DEVELOPER shall maintain Worker's Compensation insurance for all persons employed by DEVELOPER for work at the Project site. DEVELOPER shall require each contractor and subcontractor similazly to provide Worker's Compensation insurance for its respective employees. DEVELOPER agrees to indemnify the City for any damage resulting from DEVELOPER's failure to maintain any such insurance. 21.3 Evidence of Insurance. Prior to commencement of construction of any improvements which will become public improvements, DEVELOPER shall furnish CITY satisfactory evidence of the insurance required in Sections 21.1 and 21.2 and evidence that the carrier is required to give the CITY at least fifteen days prior written notice of the cancellation or reduction in coverage of a policy. The insurance shall extend to the CITY, its elective and appointive boards, commissions, officers, agents, employees and representatives and to DEVELOPER performing work on the Project. 22. Sewer and Water. DEVELOPER acknowledges that it must obtain water and sewer permits from the Dublin San Ramon Services District ("DSRSD") which is another public agency not within the control of CITY. Dublin/WSD-Dublin LLC/ Surplus Authority Development Agreement - Sybasa Project LZO/LTOf~J 3AdN SNBd~JT TSb6TSE0TS$ Page 12 of 15 May 5, 2000 BOOT 00/SO/SO 23. Notices. All notices required or provided for under this Agreement shall be in writing. Notices required to be given to CITY shall be addressed as follows: City Manager City of Dublin P.O. Box 2340 Dublin, CA 94568 Notices required to be given to COUNTY shall be addressed as follows: Patrick Cashman Project Director Surplus Property Authority of Alameda County 225 W. Winton Avenue, Room 151 Hayward, CA 94544 and Adolph Martinelli DTrector of Planning County of Alameda 399 Elmhurst Street Hayward, CA 94544 Notice required to be given to DEVELOPER shall be addressed as follows: WDS -Dublin, LLC c/o Wilcox Development Services 14001 Dallas Parkway, Suite 1 ] 11 Dallas, TX 75240 Attn: Todd K. Ashbrook, Sr. Vice President with a copy to: McCutchen, Doyle, Brown & Enersen 1333.N. California Boulevard, Suite 210 Walnut Creek, CA 94596 Attention: Michael L. Greene A party may change address by giving notice in writing to the other party and thereafter all notices shall be addressed and transmitted to the new address. Notices shall be deemed given and received upon personal delivery, or if mailed, upon the expiration of 48 hours after being deposited in the United States Mail. Notices may also be given by overnight courier which shall Dublin/WSD-Dublin LLC/ Sutplus Authority Development Agreement - Sybase Project LZO/8TOI~J BAVN S2I~d~A T866T5EOT9$ Page 13 of 15 May 5, 2000 OT~OT 00/50/50 be deemed given the following day or by facsimile transmission which shall be deemed given upon verification of receipt. parties. The foregoing Recitals aze true and wrrect and are made a part hereof. 24. R c' ls. 25. Agreement is Entire Understanding. This Agreement constitutes the entire understanding and agreement of the 26. Exhibits. The following documents are referred to in this Agreement and are attached hereto and incorporated herein as though set forth in full: Exhibit A Legal Description of Properly Exhibit B Additional Conditions 27. CQUnteroaris. This Agreement is executed in three (3) duplicate originals, each of which is deemed to be an original. 28. Recordation. CITY shall record a copy of this Agreement within ten days following execution by all parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date and year first above written. CITY OF DUBLIN: By: Mayor Attest: Dublin/WSD-Dublin LLC/ Surplus Authority Development Agreement - Sybasa Project Date: LZO/BTOI~j BAVN S2I3A~I~ T8D6T5EOT5$ Page 14 of 15 May 5, 2000 TT~OT 00/50/50 By: Date: City Clerk Approved as to Form: City Attorney SURPLUS PROPERTY AUTHORITY OF ALAMEDA COUNTY: Adolph Martinelli Its Manager Approved as to Form: Attorney for Surplus Property Authority of the County of Alameda Date: WDS -Dublin, LLC, a California limited liability company Todd K. Ashbrook Senior Vice President 1:\ W PDIMNRS W 1114\149V~greelsybasa_dev-agr_504.wpd Dublin/WSD-Dublin LLC/ Surplus Authority Development Agreement - Sybase Project LZO/OZOI~J ~Adt1 SN~A~W T846T480T4,$ Page 15 of 15 May 5, 2000 TT~OT 00/40/50 RFAL PROS DUBLIN DE; --~ Exais=r A D2scr~tion of the Laird SITUATE IN 1'HE STATE DF CALIFORNIA.. COUNTY OF ALAMEDA, CITY OF D AS F01_LO'NS: BEING A POR ON 4F PARCEL THREE AS DESIGNATED ON THAT CERTAIN PARCEL MAP N0. 7233, FILED F R RECORD ON JUNE 26, 1998 IN 900K 235 OF PA)2CEL MAPS, AT PAGE 7 THROUGH 13 INCLUSIVE, OFFICIAL RECORDS OF ALAMEDA COUNTY, DESCRIBED AS FOLLOWS: ' 9EGINNING A A POINT ON THE SOUTHERLY LINE OF SAID PARCEL THREE, PARCEL MAF 7233 AT THE EAST LY TERMINUS OF THAT CERTAIN COURSE DESIGNATED AND DESCRIBED ON SAID MAP AS IV 88' 7u' 05" W 1349,92' '; ' THENCE LEA WG SAID SOUTHERLY L{NE NORTH 46° 55' 32" EAST, 19.E0 FEET 'CO THE w"ENERAL EA TERLY UNE OF SAID PARCEL THREE; THENCE ALO G SAID GENERAL EASTERLY UNE THE FOLLOWING THREE (3) COURSES AND DISTANCES: 1, , NOR7 2' 0T 10° EAST, 254.72 FEET; 2, SOOT 89° 48' 09" EAST, 8.00 FEET; 3. NORT 1' 48' 27" EAST, 432,56 FEET; THENCE NOR H 43' 48' 09' WEST, 39.80 FEET TO THE GENERAL NORTHERLY LINE OF SAID PARCEL ThIR E; THENCE ALOdIG SAID GENERAL NORTHERLY LINE THE FOLLO~MING SIX (6) COURSES ~'ND DISTANCES; ' 1, NOR 88' 48' 09"WEST, 18.31 FEET; 2. WEST RLY ALONG THE ARC OF A 1059.00 FOOT RADIUS CURVE TO THE RIGHT, ' 7HR0 GH A CENTRAL ANGLE OF 14' 12' 3T AN ARC'DISTANGE OF 262.65 FEET,• 3. NORT 74° 35' 32"WEST, 25.99 FEET; 4. NORT 15' 2d' 48" EAST, 8.00 FEET; 5, NORT 74' 35' 32"WEST, 231.84 FEET; 6. NORT WESTERLY ALONG THE ARC OF A 949.00 FOOT RADIUS CURVE TO THE LEFT, THRO GH A CENTRAL ANGLE OF 6' 09' 16" AN ARC DISTANCE OF 101.94 FEET; -' THENCE LEAVING SAID GENERAL NORTHERLY LINE RADIAL TO LAST SAID CURVE. SOUTH 9' 15' t t' WEST, 86.97 FEET; THENCE SOUTH Ot"43' 55' WEST.125.59 FEET; THENCE SOUTH 53' 09' 31' WEST, 273.79 FEET; THENCE SOUTH Ot' 43' S5" WEST, 463.63 FEET 70 A POINT ON THE AFOREMENTIONED SOUTHERLY LINE OF SAID PARCEL THREE; THENCE ALONG SAID SOUTHERLY LINE', SOUTH 8B' to' 05" EAST, 855.85 FEET TO THE POINT OF BEGINNING. CONTAINING 631,198 SOUARE FEET OF LAND, MORE OR LESS (OR 14.4903 ACRES, MORE OR LESS). Exhibit A LZO/TZOf73J ~~AVN S2IHAfl14 T9D6TSEOTS$ Ti~OT 00/SO/SO EXHIBIT B Additional Conditions The following Additional Conditions are hereby imposed pursuant to Pazagraph 5.3 above. Subparagraph 5.3.1 --Subsequent Discretionary Approvals None. Subparagraph 5.3.2 --Mitigation Conditions Subsection a. Infrastructure Sequencing Program The Infrastructure Sequencing Program for the Project is set forth below. (i) Roads: The project-specific roadway improvements (and offers of dedication) described below and those idenflfied in Resolution No. _ of the Planning Commission Approving the Parcel Map shall be wmpleted by DEVELOPER to the satisfaction of the Public Works Director at the times and in the manner specified in Resolution No. _ unless otherwise provided below. All such roadway improvements shall be constructed to the satisfaction and requirements of CITY's Public Works Director. The obligations of Condition Nos. 57, 59 and 66 of Resolution No. _ and any other conditions of such resolution which are to be completed "as specified by the Director of Public Works" or "when determined necessary by the Public Works Director" ("The Deferred Conditions") shall be of no force or effect until DEVELOPER records a final map or building permit (whichever comes fast) for the Project. Once effective, such obligations shall survive termination of this Agreement. COUNTY shall provide CITY with security for the costs of design and construction of The Defened Conditions as follows: • Condition 66 [Dublin Boulevazd/Dougherty Road Intersection Improvement] A payment to CITY in cash in the amount of the deficiency, if any, between funds available to CITY for CIP Project #9689 [Dougherty Road/Dublin Blvd. Intersection] and the cost of such project, such payment to be made within 30 days of written notice from the Public Works Director to be given following bid opening; Dublin/ WSD-Dublin LLC./Surplus Authority Development Agreement - Sybase Project -Exhibit B LZO/ZZO~ BAVhI SiI~A911 T8D6T9EOT9$ Page 1 of 6 May 5, 2000 ZT~OT 00/90/90 • Condifion 57 [I-580 Eastbound Offramp at Santa Rita/Tassajara Road Exit. A payment to CITY in cash in the amount of the deficiency, if any, between funds available to CITY to construct the improvements at the eastbound offramp at Santa Rita/Tassajara Road exit (one exclusive through lane and 2 left-tum lanes; modification to signal to provide protected left- turn phasing on east and west legs) and the cost of such project, such payment to be made within 30 days of written notice from the Public Works Director to be given following bid opening; • Condition 59 [Additional Left-Turn Lane at Westbound Approach on Pimlico Drive.] (ii) a er A payment to CITY in cash in the amount of the deficiency, if any, between funds available to CITY to construct the improvements at the westbound approach to I-580 on Pimlico Drive (second left-turn lane) and the cost of such project, such payment to be made within 30 days of written notice from the Public Works Director to be given following bid opening; All sanitary sewer improvements to serve the project site (or any recorded phase of the Project) shall be completed in accordance with the tentative subdivision map and DSRSD requirements. (iii) Water An all weather roadway and an approved hydrant and water supply system shall be available and in service at the site in accordance with the tentative subdivision map to the satisfaction and requirements of the CITY's fue department. All potable water system components to serve the project site (or any recorded phase of the Project) shall be completed in accordance with the tentative subdivision map and DSRSD requirements. Recycled water lines shall be installed in accordance with the tentative subdivision map. Dublin/ WSD-Dublin LLC./Surplus Authority Development Agreement - Sybase Project -Exhibit B LZO/EZOf~j ~AVN S2I~A9It T86DTSEOTS$ Page 2 of 6 May 5, 2000 ET~Oi 00/SO/SO (iv) Storm Drainage Prior to issuance of the first Certificate of Occupancy for any building which is part of the Project, the storm drainage systems off site, as well as on site drainage systems to 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 (Alameda County Flood Control and Water Conservation District, Zone 7) standards and policies which aze in force and effect at the time of issuance of the permit for the proposed improvements and shall be consistent with the Drainage Plan. The site shall also be protected from storm flow from off site and shall have erosion control measures in place to protect downstream facilities and properties from erosion and unclean storm water consistent with the Drainage Plan. As used herein, "Drainage Plan" shall refer to CITY's master drainage plan. (v) Other Utilities (e.e. nas. electricity, cable televisions, tele oriel Construction of other utilities shall be complete by phased prior to issuance of the first Certificate of Occupancy for any building within that specific phase of occupancy. Subsection b. Miscellaneous (i) Completion Mav be Deferred. Notwithstanding the foregoing, CITY's Public Works Director may, in his or her sole discretion and upon receipt of documentation in a form satisfactory to the Public Works Director that assures completion, allow DEVELOPER or COUNTY to defer completion of discrete portions of any of the public improvements required for the Project until after issuance of Certificate of Occupancy for the first building for the Project if the Public Works Director determines that to do so would not jeopardize the public health, safety or welfare. Subparagraph 5.3.3 -Phasing. Timing With the exception of the road improvements described in Subparagraph 5.3.2(a)(i), this Agreement contains no requirements that DEVELOPER must initiate or complete development of the Project within any period of time set by CITY. It is the intention of this provision that DEVELOPER be able to develop the Property in accordance with its own time schedules and the Project Approvals. Subparagraph 5.3.4 -Financing Plan DEVELOPER will install all street improvements necessary for the Project at its own cost (subject to credits for certain improvements as provided in Subparagraph 5.3.6 below). Other infrastructure necessary to provide sewer, potable water, and recycled water services to the Project will be made available by the Dublin San Ramon Services District. Dublin/ WSD-Dublin LLC./Surplus Authority Development Agreement - Sybase Project -Exhibit B LZO/6ZOf~J ~AdN SNBd~IT T866T4£OT4$ Page 3 of 6 May 5, 2000 £T~OT 00/40/50 COUNTY has entered into an "Area Wide Facilities Agreement" with the Dublin San Ramon Services District to pay for the cost of extending such services to the Project. Such services shall be provided as set forth in Subparagraph 5.3.2(a)(ii) and (iii) above. Subparagraph 5.3.5 --Fees. Dedications Subsection a. Traffic Impact Fees. DEVELOPER shall pay all traffic impact fees applicable to the Project which are in effect at the time of issuance of any building permit for the Project in the amounts and at the times set forth in the implementing resolution. Such fees include the Traffic Impact Fee for Eastem Dublin established by Resolution No. 225-99, including any future amendments to such fee. DEVELOPER, COUNTY and CITY acknowledge that COUNTY is entitled to certain credits (" 1991 Credits") against payment of the Traffic Impact Fee for Eastem Dublin by sepazate agreements previously entered into between COUNTY and CITY in 1991 (as such agreements have been amended). COUNTY is also entitled to certain other credits ("Prior Agreement Credits") against payment of the Traffic Impact Fee for Eastem Dublin by other development agreements entered into between COUNTY and CITY. COUNTY agrees that, notwithstanding its entitlement to such 1991 Credits, its 1991 Credits cannot be applied against payment of the "Section 2" portion of the Traffic Impact Fee for Eastern Dublin for the Project. DEVELOPER (and its assignee) will, rather, pay the "Section 2" portion of the fee in cash. COUNTY further agrees that it (and its assignee) will use the 1991 Credits and/or Prior Agreement Credits against at least one-half (%) of the "Section 1" portion of the Traffic Impact Fee for Eastern Dublin for the Project provided that it has sufficient such credits. CITY shall determine which of the 1991 Credits and/or Prior Agreement Credits shall be used pursuant to this pazagraph. Notwithstanding anything herein to the contrary, DEVELOPER further agrees that it (and its assignee) will pay at Ieast seven percent (7%) of the "Section 1"portion of the Traffic Impact Fee for Eastem Dublin in cash. Subsection b. _Traffic Imrlact Fee to Reimburse Pleasanton for Freeway Interchanees. DEVELOPER shall pay a Eastem Dublin I-580 Interchange Fee in the amounts and at the times set forth in City of Dublin Resolution No. 155-98, or in the amounts and at the times set forth in any resolution revising the amount of the Eastern Dublin I-580 Interchange Fee. Dublin/ WSD-Dublin LLCJSurplus Authority Development Agreement - Sybase Project -Exhibit B LZO/5Z0~ ~AdN SiI~A914 T866T4EOT4$ Page 4 of 6 May 5, 2000 6T~OT 00/50/50 Subsection c. Public Facilities Fees. DEVELOPER shall pay a Public Facilities Fee in the amounts and at the times set forth in City of Dublin Resolution No. 195-99, or in the amounts and at the times set forth in any resolution revising the amount of the Public Facilities Fee. Subsection d. Noise Mitigation Fee. DEVELOPER shall pay a Noise Mitigation Fee in the amounts and at the times set forth in City of Dublin Resolution No. 33-96, or in the amounts and at the times set forth in any resolution revising the amount of the Noise Mitigation Fee. Subsection e. School Imnact Fees. School impact fees shall be paid by DEVELOPER in accordance with Government Code section 53080 and the existing agreement between COUNTY and the Dublin Unified School District. Subsection f. Fire Impact Fees. DEVELOPER shall pay a fire facilities fee in the amounts and at the times set forth in City of Dublin Resolution No. 37-97 or in the amounts and at the times set forth in any resolution revising the amount of such fee. Subsection e. Tri-Vallev Transportation Development Fee. DEVELOPER shall pay the Tri-Valley Transportation Development Fee in the amount and at the times set forth in City of Dublin Resolution No. 89-98, or in the amounts and at the times set forth in any resolution revising the amount of such fee. COUNTY agrees that its 1991 Credits and Prior Agreement Credits cannot be applied against payment of this fee. Subparag_rauh 5.3.6 -Credit Subsection a. Traffic Impact Fee Improvements Credit CITY shall provide a credit to COUNTY for the those improvements described in the resolution establishing the Eastern Dublin Traffic Impact Fee if such improvements are constructed by the DEVELOPER in their ultimate location pursuant this Agreement. All aspects of credits shall be governed by CITY's Administrative Guidelines regarding credits (Resolution No. 23-99). Subsection b. Traffic Impact Fee Right-of--Way Dedications Credit CITY shall provide a credit to COUNTY for any TIF area right-of--way dedicated by COUNTY to CITY which is required for improvements which aze described in the resolution Dublin/ WSD-Dublin LLC.lSurplus Authority Development Agreement - Sybase Project -Exhibit B LZO/8Z0 f~j ~AVN SiI~ABW T866TS£OTS$ Page 5 of 6 May 5, 2000 ST~OT 00/SO/SO establishing the Eastern Dublin Traffic Impact Fee. All aspects of credits shall be governed by CITY's Administrative Guidelines regazding credits (Resolution No. 23-99). Subsection c. Use of Excess Credits In the event that credits referred to in Subsections (a) to (b) of this Subparagraph 5.3.6 are in excess of the amount of credits which can be applied against the traffic impact fee payable pursuant to Subsection (a) of Subparagraph 5.3.5 (i.e., one-half of the "Section 1" portion of the Traffic Impact Fee for Eastern Dublin, less 7% of the "Section 1 "portion), COUNTY shall be entitled to "bank" such credits (referred to as "Excess Credits") and may use them as provided in CITY's Administrative Guidelines for Credits and Reimbursements (Resolution No. 23-99). Subparaeraub 5.3.7 -- Miscellaneous Subsection a. Landscapint=. Maintenance Along Streets and Creek CITY has. formed a landscape maintenance district known as the "Landscape Maintenance Assessment District No. 97-1 (Santa Rita Area)" pursuant to a petition from COUNTY, and imposed an assessment against the Property to pay for street and creek landscape maintenance. In addition, on September 24, 1996, COUNTY recorded a Declaration of Covenants, Conditions and Restrictions which covers the Property, whereby COUNTY, on behalf of itself and its successors (including DEVELOPER), has covenanted to pay a "Deed Assessment" to CITY for maintenance of street and creek landscaping. EHS:rje I:\WPDUNNRS WU 14\149Wgree\~ybase_ewb_504.wpd Dublin! WSD-Dublin LLC./Surplus Authority Development Agreement - Sybase Project -Exhibit B LZO/LZOI~j 3AtlN SN9A~W TE66T4EOT4.$ Page 6 of 6 May 5, 2000 4T~OT 00/40/90 RESOLUTION NO.00- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING SITE DEVELOPMENT REVIEW AND A TENTATIVE PARCEL MAP FOR PA 99-062, SYBASE CORPORATE HEADQUARTERS FACILITY WHEREAS, Wilcox Development Services Inc, has requested approval of a Site Development Review consisting of two separate buildings, pazking, landscaping and related improvements and atwo- parcel Tentative Parcel Map on 26 acres of land at the northwest corner of Dublin Boulevazd and Hacienda Drive, APN 98-0014-006; and WHEREAS, a completed application for each of the requested actions is available and on file in the Dublin Planning Department; and WHEREAS, a Program Environmental Impact Report was prepared for the Eastern Dublin Specific Plan/General Plan (SCH 911036040 and certified by the City Council on May 10, 1993, by Resolution No. 51-93, and two Addenda dated May 4, 1993 and August 22, 1994 have been prepared and adopted by the City Council and are hereby incorporated by reference; and WHEREAS, a Development Plan has been submitted to the City as required by section 8.32 of the Dublin Zoning Ordinance, and WHEREAS, the Planning Commission did hold a public hearing on said applications on May 9, 2000; and WHEREAS, proper notice of said 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 Site Development Review and Tentative Parcel Map subject to conditions prepared by Staff; 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 find make the following findings and determinations regarding said proposed Site Development Review: A. The approval of this application (PA 99-062) is consistent with the intent and purpose of Section 8.104 (Site Development Review) of the Zoning Ordinance and design review requirements of the Eastern Dublin Specific Plan. B. The approval of this application, as conditioned, complies with the policies of the Eastern Dublin Specific/General Plan and with proposed Planned Development Regulations for the site, which will allow an office complex at this location. ATTACHMENTS C. The approval of this application, as conditioned, is in conformance with regional transportation growth management plans. D. The approval of this application, as conditioned, is in the best interest of the public health, safety and welfare, as the development is consistent with all laws and ordinances and implements the Eastern Dublin Specific Plan/General Plan (as amended). E. The proposed physical site development, including the intensity of development, site layout, grading, utility connections, vehicular access circulation and parking, setbacks, height, public safety and similar elements, as conditioned, has been designed to provide a desirable environment for the development. F. Architectural considerations, including the character, scale and quality of the design, the architectural relationship with the site and other buildings, building materials and colors, screening of exterior appurtenances, exterior lighting and similar elements, have been incorporated into the project and as conditions of project approval to ensure compatibility of this development with the development's design concept and the character of surrounding development. G. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, inclusion of plazas, and provision for similar elements have been considered to ensure visual relief and an attractive environment for the public. NOW, THEREFORE BE IT FURTHER RESOLVED THAT the Dublin Planning Commission does hereby find that: A. The Sybase Tentative Parcel Map 7580 is consistent with the intent of applicable subdivision regulations and related ordinances. B. The design and improvements of the Sybase Tentative Parcel Map 7580 is consistent with the Eastern Dublin Specific Plan/General Plan polices as they relate to the subject property in that it is a subdivision for implementation of an office project in an area designated for this type of development. C. The Sybase Tentative Parcel Map 7580 is consistent with the Planned Development approved as PA 99-062 for this project and is therefore consistent with the City of Dublin Zoning Ordinance. D. The project site is located adjacent to major roads, including Dublin Boulevard, Central Parkway and Hacienda Drive, on approximately 14.5 acres of land with relatively flat topography and is therefore physically suitable for the type and intensity of office development proposed. E. With the incorporation of environmental mitigation measures from the Eastern Dublin EIR and Mitigated Negative Declaration prepared for the Sybase project, the design of the parcel map will not cause environmental damage or substantially injure fish or wildlife of their habitat or cause public health concerns. F. The design of the subdivision will not conflict with easements, acquired by the public at large, or access through or use of property within the proposed subdivision. The City Engineer has reviewed the Tentative Parcel Map and has not found any conflicting easements of this nature. NOW, THEREFORE BE IT FURTHER RESOLVED THAT the Dublin Planning Commission hereby conditionally approved the Site Development Review PA 99-062, to develop two six-story buildings on APN 986-0014-006, as generally depicted by materials labeled Exhibit 1, stamped "approved" and on file with in the Dublin Planning Department. This approval shall conform generally to the Site Development Plan prepared by RWM Architects dated March 15, 2000 and received by the City of Dublin Planning Department on ,unless otherwise modified by the Conditions of Approval, below. Further the Dublin Planning Commission approves the Sybase Tentative Parcel Map 7580, PA 99- 062, to subdivide 26 acres of land into two smaller parcels of 11.535 acres and 14.49 acres, respectively. This approval shall conform generally to the Tentative Parcel Map prepared by Kier and Wright received by the Planning Department on ,consisting of one sheet labeled Exhibit 2 stamped "approved" and on file with the City of Dublin Planning Department, unless modified by the following Conditions of Approval CONDITIONS OF APPROVAL CONDITIONS OF APPROVAL GENERAL CONDITIONS 1. Parcel Map 7233 Conditions of Approval. PL Approval of Standard ApplicanUDeveloper shall comply with the Conditions of Improvement Approval for the Tentative Parcel Map No. 7233 (PA-98-008). Plans through In the event of conflict between the Tentative Parcel Map completion Conditions of Approval and these Conditions, these conditions shall prevail. 2. Standard Public Works Conditions of Approval. PW Approval of Standard Applicant/Developer shall comply with all applicable City Improvement of Dublin Standard Public Works Conditions of Approval Plans through (Attachment A). In the event of a conflict between the completion Standard Public Works Conditions of Approval and these Conditions, these Conditions shall prevail. 3. Development Agreement/Expiration. The approval of this PL Issuance of Eastern office complex shall be predicated upon and pursuant to the Building Dublin terms set forth in the Development Agreement to be approved Permits Specific by the City of Dublin. In the event of conflict between the Plan terms of the Development Agreement and the Conditions of Approval contained herein, the terms of the Development Agreement shall prevail. The Development Agreement must be effective prior to issuance of building permits. 4. EIR. Applicant/Developer shall comply with all applicable PL Approval of Eastern action programs and mitigation measures of the Eastern Dublin improvement Dublin General Plan /Specific Plan, the Companion Final Plans through Specific Environmental Impact Report (EIR) that have not been made completion Plan specific conditions of approval and project specific mitigation measures contained in the Mitigated Negative Declaration for the Sybase project. 5. Fees. Applicant/Developer shall pay all applicable fees in Various Various times, Standard effect at the time of building permit issuance, including, but but no later not limited to, Planning fees, Building fees, Dublin San Ramon than Issuance Services District Fees, Public Facilities Fees, Dublin Unified of Building School District School Impact fees, City Traffic Impact fees, Permits City Fire Impact 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. Unissued building permits subsequent to new or revised fees shall be subject to recalculation and assessment of the fair share of the new or revised fees. 6. Required Permits. Applicant/Developer shall comply with the Various Various times, Standard, City of Dublin Zoning Ordinance and obtain all necessary but no later PW permits required by other agencies (Alameda County Flood than Issuance Control District Zone 7, California Department of Fish and of Building Game, Army Corps of Engineers, Regional Water Quality Permits Control Board, State Water Quality Control Board, Etc.) and shall submit copies of the permits to the Department of Public Works. 7. Building Codes and Ordinances. All project construction B Through Standard shall conform to all building codes and ordinances in effect at Completion the time of building permit. 8. Ordinances/General Plan. Applicant/Developer shall comply PL Issuance of Standard, with the City of Dublin Zoning Ordinance, the City of Dublin Building PW General Plan and all applicable Specific Plans. Permits and On-going 9. Action Programs/Mitigation Measures. Applicant/Developer PL Approval of Eastem shall comply with all applicable action programs and improvement Dublin mitigation measures of the Eastern Dublin Specific Plan Final Plans through Specific Environmental Impact Report (EIR) and addendum's that have completion Plan not been made specific Conditions of Approval. 10. Improvement Agreement/Plans. Applicant/Developer shall PW Approval of Standard/ enter into an Improvement Agreement with the City for all Improvement PW subdivision improvements prior to issuance of improvement Plans permit. Complete improvement plans, specifications, and calculations shall be submitted to, and approved by, the Director of Public Works/City Engineer and other affected agencies having jurisdiction over public improvements prior to execution of the Improvement Agreement. Improvement plans shall show the existing on-site and off-site subdivision improvements and proposed improvements along the adjacent public street and property that relate to the proposed improvements. 4 11. Conditions of Approval. In submitting subsequent plans for PW, PL, B Issuance of Standard, review and approval, each set of plans shall have attached an Building PW annotated copy of these Conditions of Approval and the Permits Standard Public Works Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval and Standard Public Works Conditions of Approval will be complied with. Improvement plans will not be accepted without the annotated conditions and standards attached to each set of plans. ApplicanUDeveloper will be responsible for obtaining the approvals of all participating non-City agencies. 12. Infrastructure. The location and siting of project specific PL, PW Approval of 39, 40 MM wastewater, storm drain, recycled water, and potable water Improvement Matrix system infrastructure shall be consistent with the resource Plans management policies of the Eastern Dublin Specific Plan. 13. Solid Waste/Recycling. ApplicanUDeveloper shall comply ADM On-going 103, 104, with the City's solid waste management and recycling 105, 279 requirements. MM Matrix ] 4. Refuse Collection. The refuse collection service provider shall PL Occupancy of 279 MM be consulted to ensure that adequate space is provided to Any Building Matrix accommodate collection and sorting of petrucible solid waste as well as source-separated recyclable materials generated by the residents within this project. 15. Waiver of Right to Protest. ApplicanUDeveloper waives any PL, ADM Occupancy of 17 MM right to protest the inclusion of the property or any portion of it Any Building Matrix in a Landscape and Lighting Assessment District or similar assessment district, and further waives any right to protest the annual assessment for that District. 16. Water Quality Requirements. All development shall meet PW, PL Issuance of ESDP EIR the water quality requirements of the City of Dublin's NPDES Grading MM permit and the Alameda County Urban Runoff Clean Water Permit 3.5/54.0 & Program. 55.0 17. NPDES Permit. Pursuant to requirements of federal law, a PW Finaling 172 NPDES permit shall be obtained from the RWQCB, and any Building MM Matrix terms of the permit shall be implemented, if applicable. Permits 18. Phase 1 and Phase 2 Environmental Assessment Studies. PL, PW Issuance of 289 ApplicanUDeveloper shall supply the Director of Community Grading MM Matrix Development and Public Works Department with a copy of the Permit Developer's Phase 1 and Phase 2 (only as required by Phase 1) environmental assessment studies. All remediation required by those studies shall be implemented to the satisfaction of the Director of Public Works prior to Improvement Plan approval. 19. Removal of Obstructions. The ApplicanUDeveloper shall PW Issuance of Standard remove all trees, including major root systems, and other Grading utility obstructions from building sites that are necessary for Permit public improvements or for public safety as directed by the Director of Public Works. 20. Rodenticides and Herbicides. The use of rodenticides and PL Issuance of 221 herbicides within the project area shall be performed in Grading MM Matrix cooperation with and under the supervision of the Alameda Permit County Department of Agriculture and will be restricted, to the satisfaction of the Director of Community Development, to reduce potential impacts to wildlife. 21. Kit Foxes. Should any Kit Foxes be discovered on the site, PL, PW Issuance of 219 either during the Preconstruction Survey or during project Grading MM construction, the Applicant/Developer shall be responsible for Permit Matrix complying with the Kit Fox Protection Plan. C Z US' 22. Dust ControVCleanup. Applicant/Developer shall ensure that PW Ongoing 267 areas undergoing grading and all other construction activity are MM Matrix watered or other dust control measures are used to prevent dust problems as conditions warrant or as directed by the Director of Public Works. Furthermore, Applicant/Developer shall keep adjoining public streets and driveways free and clean of project dirt, mud, materials and debris, and clean-up shall be made during the construction period as determined by the Director of Public Works. In the event that The Applicant/Developer does not complete the clean-up within 48 hours of City's direction, the City has the option of performing the clean-up and charging the costs of such clean-up to Applicant/Developer. 23. Housing and Employment Monitoring System. Prior to FIN OCC 3 opening for business, each business shall provide a list to the MM City of the number, type and salary level of employees for the Matrix business in order for the City to implement the required housing and employment monitoring system required by the Easter Dublin Specific Plan. 24. Preconstruction Survey. Applicant/Developer shall comply PL, PW Issuance of 217 with all Eastern Dublin Specific Plan EIR mitigation measures Grading MM Matrix for mitigating potentially significant plant and animal species Permit impacts. Within 60 days prior to any habitat modification, Applicant/Developer shall submit a preconstruc[ion survey, prepared by a biologist (to be approved and hired by the City prior to commencement of the survey.) Said survey shall examine whether any sensitive species exist on or adjacent to the site and, if any exist, shall include recommended protection plans, including any modifications to site design, for those sensitive species that may be discovered as a result of the survey. Applicant/Developer shall be responsible for the cost of the survey and staff review of the survey. The significance of any discoveries and adequacy of recommended protection measures shall be subject to the discretion of the Director of Community Development. Said protection plans and measures shall occur at least 21 days prior to anticipated habitat modification. Any updated surveys and/or studies that may be completed subsequently shall be submitted to the Department of Community Development. 25. Public Street Lights. The Developer shall construct public PW Occupancy of Standard streetlights and joint trench in accordance with Pacific Gas and first building Electric and City of Dublin Standard plans and specifications in the extension of Dublin Boulevard, Hacienda Drive, Central Parkway and Arnold Road. The construction documents shall be reviewed and approved prior to construction to the satisfaction of the Director of Public Works. 26. Hold Harmless/Indemnification - Applicant/Developer shall PL, ADM Through Standard defend, indemnify, and hold harmless the City of Dublin and completion of its agents, officers, and employees from any claim, action, or Improvements proceeding against the City of Dublin or its agents, officers, or and employees to attack, set aside, void, or annul an approval of Occupancy of the City of Dublin or its advisory agency, appeal board, the Last Planning Commission, City Council, Director of Community Building Development, Zoning Administrator, or any other department, committee, or agency of the City the Tentative Parcel Map or Site Development Review 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 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 cooperation in the defense of such actions or proceedings. 27. Public Art. Any public art placed in the project shall conform PL On-going Standard with the requirements of the City of Dublin Public Art Policy. DEDICATIONS AND IMPROVEMENTS 28. Storm Drain Easement, Water Easement, Sewer Easement, PW Recordation of Standard Common Area Easement, Ingress/Egress and Access Final Map Easement, Parking Easement, Emergency Vehicle Access Easement, Pedestrian Access Easement and Public Service Easement Dedications. Applicant/Developer shall dedicate reciprocal Storm Drain Easements, Water Easements, Sewer Easements, Common Area Easements, Ingress/Egress and Access Easements, Parking Easements, Emergency Vehicle Access Easements, Pedestrian Access Easements and Public Service Easements over each parcel in favor of the other parcels located within this project as shown on the approved Tentative Parcel Map 7580 prepared by Kier and Wright, Civil Engineers, dated December 1999, and as deemed necessary by the Director of Public Works. The CC&R's shall also be amended to reflect these easements and shall be reviewed and approved by the Director of Public Works. 29. Public Utility Easements. Applicant/Developer shall provide PW Recordation of Standard Public Utility Easements per requirements of the Director of Final Map Public Works and/or public utility companies as necessary to serve this project with utility services and allow for vehicular and utility service access. Applicant/Developer shalt dedicate a minimum 10-foot wide Public Service Easement (PSE) over joint utility trench lines to the satisfaction of the Director of Public Works. 30. Abandonment of Easements and Right of Ways. PW Recordation of PW Applicant/Developer or current landowner shall obtain an Final Map abandonment from all applicable public agencies of existing easements and right-of--ways not to be continued in use. 31. Survey Monumentation. The boundary of the two parcels of PW Occupancy of PW Parcel Map No. 7580 shall be survey monumented at the any Building completion of construction of any and all public streets specified by these conditions in accordance with City specifications. The monument line of the streets fronting the project shall be survey monumented and constructed in accordance with the City of Dublin Standard Plans to the satisfaction of the Director of Public Works 32. Improvements along Dublin Boulevard, Hacienda Drive, PW Occupancy of PW and Central Parkway. If not previously constructed by Any Building another development, ApplicanUDeveloper shall construct street frontage improvements, including all curb, gutter, center median, median landscaping, and street lighting along Central Parkway, Dublin Boulevard, Hacienda Drive and where development fronts these streets, in conformance with the plans approved for the Site Development Review and to the satisfaction of the Director of Public Works. 33. Decorative Paving. Applicant/Developer shall not construct PW Occupancy of PW decorative pavement within City right-of--way unless otherwise Any Building approved by the Director of Public Works. The type of decorative pavers and pavement section shall be subject to review and approval by the Director of Public Works. Decorative pavement across entrances to all private drives shall be constructed to the satisfaction of the Director of Public Works. 34. Decorative Paving Plan. Where decorative paving is installed, PW, ADM Approval of 17 a Decorative Paving Detail shall be prepared to the satisfaction Improvement MM Matrix of the Director of Public Works. Pre-formed traffic signal Plans loops shall be used under the decorative paving. Where possible, irrigation laterals shall not be placed under the decorative paving. Maintenance costs of the decorative paving shall be included in a landscape and lighting maintenance assessment district or other funding mechanism acceptable to the Director of Community Development. 35. Fire/Emergency Access. ApplicanUDeveloper shall provide PW, F Issuance of Standard adequate access for fire and other emergency vehicles per Grading Alameda County Fire Department (ACFD) standard Permit and requirements. Drive aisles shall be designed for fire and other Building emergency vehicles to conveniently pass through (20-foot Permit minimum lane width) and have access to all buildings. The Developer shall provide adequate access for fire and other emergency vehicles per Alameda County Fire Department (ACFD) standard requirements. Driveways and drive aisles shall be designed for fire trucks and other emergency vehicles to conveniently pass through the site and have access to all buildings. Detailed final layout and design of site entrance, exits and internal drive aisles must be approved by the ACFD and City Director of Public Works prior to issuance of grading and building permit. 36. Pedestrian Path. If not previously constructed by another PL, PW Occupancy of Standard development, Applicant/Developer shall be responsible for the first building construction of an internal site pedestrian path, 5' in width, along the main driveway entrance from Central Parkway and Dublin Boulevard to the closest building, to the satisfaction of the Director of Public Works. 37. Sidewalks. Applicant/Developer shall construct a minimum PW Occupancy of PW six-foot wide sidewalk along the project frontage along Any Building Hacienda Drive and Central Parkway to match Santa Rita streetscape plans standard sections of improved said streets and layout approved by the Director of Public Works. A 12' wide sidewalk/trail shall be installed on Dublin Boulevard along project frontage in accordance with City road street landscape standard sections. 38. ADA Requirements/Handicap Ramps. All handicap ramps PW Approval of PW shall comply with all current State ADA requirements and City Improvements of Dublin Standards. 39. Site Drainage and Erosion Control Plan. The project site PW Approval of PW shall drain in accordance with City of Dublin Grading Improvement Ordinance and State Regional Water Quality Control standards. Plans A Site Drainage and Erosion Control Plan and "Best Management Practices" erosion control measures must be reviewed and approved by the Public Works Department prior to approval of improvement plans. 40. Site Drainage. The Developer shall provide reciprocal site PW Occupancy PW drainage access, and parking ingress and egress easements for of 1 s' parcels one and two as shown on said Parcel Map 7580. The building Developer shall grade the project in accordance with the City of Dublin Grading Ordinance and State Regional Water Quality Control standards and details. Each lot shall drain in accordance with the City of Dublin Grading Ordinance and State Regional Water Quality Control Board requirements, and approved by the Director of Public Works. 41. Eastern Dublin Drainage Master Plan Study. If needed by PW Occupancy of PW this project, ApplicanUDeveloper shall update the master storm Any Building drain analysis of the Eastern Dublin Santa Rita Property to the satisfaction of the Director of Public Works and as originally addressed in the Eastern Dublin Drainage Master Plan Study prepared by Brian Kangas Foulk, dated October 1998. 42. Lot Drainage. Drainage shall be in accordance with the PW Issuance of PW criteria established in the Standard Public Works Criteria Grading attached hereto as Attachment "A". The Developer shall Permit demonstrate to the Director of Public Works that the elevations of proposed building finished floors on this project are a minimum of one foot above the 100-year storm event. All grading improvement plans shall be reviewed and approved by the Director of Public Works prior to star[ of any grading. 43. Mitigation Measures/Drainage Impacts. PW Occupancy of PW Applicant/Developer shall demonstrate to the satisfaction of any Building the Director of Public Works that all mitigation measures that need to be improved as a result of drainage impacts of this project will be constructed prior to occupancy of any building. All drainage improvements shall be constructed to the satisfaction to of the Director of Public Works. 44. Retaining Walls. Where finish grade of this property is in PW Issuance of Standard/ excess of twenty-four (24) inches higher or lower than the Building PW abutting property or adjacent lots, a concrete or masonry block Permit retaining wall or other suitable solution acceptable to the Director of Public Works shall be required. 45. Joint Utility Trenches/Undergrounding/Utility Plans. PW, PL Occupancy of PW ApplicanUDeveloper shall construct all joint utility trenches Affected Utilities (such as electric, telephone, cable TV, and gas) in accordance Buildings with the appropriate utility jurisdiction. All communication vaults, electric transformers, and cable TV boxes shall be underground in designated landscape areas between the proposed sidewalk and back of curb. Utility plans showing the location of all proposed utilities (including electrical vaults and underground transformers) shall be reviewed and approved by the Director of Public Works and Director of Community Development. Location of surface or aboveground items shall be shown on the Final Landscaping and Irrigation Plan and screened from view. 10 46. Covenants, Conditions and Restrictions (CC&Rs). [f PL Occupancy of 17 determined necessary by the Director of Public Works a any building MM Matrix Covenants, Conditions and Restrictions (CC&Rs) shall be established for this development. The CC&Rs shall be approved by the Director of Public Works to assure that: a. An Association is established for this development complete with Bylaws. b. There is adequate provision for at least the maintenance, in good repair, of all commonly owned facilities, property and landscaping, including but not limited to open space areas, lighting, recreation facilities, landscape and irrigation facilities, fencing, and drainage and erosion control improvements. c. The parking of recreational vehicles and company owned vehicles with corporate identity (trucks with signs) between a building and a public street and along a public street shall not occur. Recreational Vehicles are defined as a motorhome, travel trailer, utility trailer, boat on a trailer, horse trailer, camper where the living area overhangs the cab, camping trailer, or tent [railer, with or without motive power. d. The landscaping and irrigation on individual parcels shall be maintained and kept in good order by the owner of each parcel. 'PHASED OCCUPANOY PLAN 47. Phased Occupancy Plan. If occupancy of each building is PL, B Prior to requested to occur in phases, then all physical improvements Occupancy for within each phase shall be required to be completed prior to any affected occupancy of buildings within that phase except for items building specifically excluded in an approved Phased Occupancy Plan, or minor hand work items, approved by the Department of Community Development. The Phased Occupancy Plan shall be submitted to the Director of Community Development, and Public Works for review and approval a minimum of 45 days prior to the request for occupancy of any building covered by said Phased Occupancy Plan. Any phasing shall provide for adequate vehicular access to all parcels in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. No individual building shall be occupied until the adjoining area is finished, safe, accessible, provided with all reasonably expected services and amenities, and separated from remaining additional construction activity. Subject to approval of the Director of Community Development, the completion of landscaping may be deferred due to inclement weather with the posting of a bond for the value of the deferred landscaping and associated improvements. 11 PARKS 48. Public Facilities Fee. ApplicanUDeveloper shall pay a Public PCS As indicated in PCS Facilities Fee in the amounts and at the times set forth in City Condition of of Dublin Resolution No. 195-99, or in the amounts and at the Approval times set forth in any resolution revising the amount of the Public Facilities Fee. LANDSCAPING 49. Landscaping. Applicant/ Developer shall construct all PL Occupancy of PW landscaping within the site and along the project frontage from Any Building the face of curb to the site right-of--way to the design and specifications of the Eastern Dublin Specific Plan, the "Santa Rita Streetscape Plans" and City of Dublin specifications, and to the satisfaction of the Director of Public Works. Street tree varieties of a minimum 15-gallon size from the approved street list and 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. All landscaping materials within the public right-of--way shall be maintained for 90 days and on-site landscaping shall be maintained in accordance with the "City of Dublin Standards Plant Material, Irrigation System and Maintenance Agreement" by the Developer after City- approved installation. This maintenance shall include weeding, the application of pre-emergent chemical applications, and the replacement of materials that die. Landscaping at aisle intersections shall be such that sight distance is not obstructed. Except for trees, landscaping shall not be higher than 30 inches above the curb in these areas. 50. Landscaping at Intersections. ApplicanUDeveloper shall PW, PL Occupancy of Standard construct landscaping at intersections where sight distance is first building not obstructed in accordance with the City of Dublin Zoning Ordinance. Except for trees, landscaping shall not be higher than 30 inches above the curb in these areas. 51. Landscape and Irrigation Plans. The Applicant/Developer PW, PL Occupancy of Standard shall prepare Landscaping and Irrigation Plans for review and first building approval by the Director of Public Works and the Director of Community Development. The proposed design shall be in accordance with the Eastern Dublin Specific Plan and to the satisfaction of the Director of Public Works. 52. Final Landscape Plan. ApplicanUDeveloper shall submit final PL, PW Issuance of PL landscape plans, which shall be subject to review and approval Building by the Director of Community Development and the Director Permits of Public Works. 53. Lighting and Landscape Maintenance. Applicant/Developer PL Approval of PL is responsible for lighting and landscape maintenance in the Improvement public right-of--way until such time the City accepts Plans maintenance through the Lighting and Landscaping Maintenance Assessment Districts or any other method of maintaining the lighting and landscaping approved as part of this project. 12 TRAFFIC AND CIRCULATION 54. Developer shall comply with Section 7.5 (Circulation System) PW Approval of of the final "Eastern Dublin Specific Plan" dated January 7, Improvement 1994, and project site traffic studies, prepared by TJKM Plans Traffic Consultant for street improvements and lane configurations, unless specified otherwise in these conditions of approval or the project's development agreement. 55. Erosion Control. Applicant/Developer shall install erosion PW During site control devices in adjacent parcels in accordance with the grading Regional Water Quality Control Act. 56. Transitioning Existing Improvements. Applicant/Developer PW Approval of shall be responsible for transitioning proposed improvements Improvement to match existing improvements, to the satisfaction of the Plans Director of Public Works. 57. I-580 Eastbound Off-ramp at Santa Rita/Tassajara Road PW As specified PW Exit. The Director of Public Works shall determine when the by the Director eastbound off-ramp from I-580 at the Santa Rita/Tassajara of Public Road exit shall be widened to provide one exclusive through Works lane and two left-turn lanes (with the existing free right-tum remaining). In conjunction with this improvement, the traffic signal shall be modified to provide protected left-turn phasing on the east and west legs (removing the existing split phasing). Within one year of notification by the Director of Public Works, and consent has been obtained from Caltrans and the City of Pleasanton, if necessary, Developer shall design and construct these improvements to the satisfaction of the Director of Public Works with input from the City of Pleasanton, where applicable. To the extent practical, the notice shall be timed so that the work shall be completed immediately prior to the point where the Level of Service E occurs. The Director of Public Works may determine that these improvements are not needed in conjunction with this project. 13 58. Central Parkway shall be dedicated and improved between PW With the Final PW Hacienda Drive and Arnold Road. Map a. The Applicant/Developer shall dedicate an additional 10- feet of right-of--way on the Final Map with a ] 0' Public Service Easement behind the proposed right-of--way on the south side of Central Parkway from Arnold Road to Hacienda Drive as shown on the precise alignment plan prepared by Brian Kangas Foulk Engineers, dated August 5, 1998, and as shown on Tentative Map 7580 to the satisfaction of the Director of Public Works. b. With this map, the Developer/Applicant shall dedicate and construct on eastbound Central Parkway dedicated right- turn lane 12-foot wide by 200-foot Tong with a 90-foot transition into the main northerly driveway to Parcel Two as shown on the said precise plans prepared by Brian Kangas Foulk Engineers, dated August 5, 1998. The Developer/Applicant shall also construct southbound Hacienda Drive a dedicated right-turn lane 12-feet wide and 200-feet long with a 60-foot transition into the easterly driveway to Parcel Two as shown on Tentative Map 7580 prepared by Kier and Wright dated December 1999. c. Applicant /Developer shall revise the previously prepared improvement plans of Central Parkway and construct the north and south curbs Central Parkway from Arnold Road to Hacienda Drive to their ultimate location as shown on the said precise plans prepared by Brian Kangas Foulk Engineers, dated August 5, 1998. The Central Parkway eastbound lanes shall be 14 foot wide through lane with an 8-foot bike lane to a temporary median curb. Landscaping in the median shall also be improved similar to previously approved two-lane sections of Central Parkway per the City of Dublin landscape streetscape standards or as approved by the Director of Public Works. d. Prior to the approval of the revised improvement plans and Final Map, the developer shall submit for review and approval a revised interim (two-lane) improvements to Central Parkway from Arnold Road to Hacienda Drive. The plan line shall demonstrate conformance with the above conditions, and shall include all pavement, sidewalk improvements and channelization for the entire Central Parkway. 14 59. Additional Left-Turn Lane at Westbound Approach on PW As specified PW Pimlico Drive. The Director of Public Works shall determine by the Director when the westbound approach on Pimlico Drive will need to of Public provide a second lefr-turn lane. Within one year of notification Works by the Director of Public Works and consent has been obtained from Caltrans and the City of Pleasanton, if necessary, Developer shall design and construct these improvements to the satisfaction of the Director of Public Works with input from the City of Pleasanton, where applicable. To the extent practical, the notice shall be timed so that the work shall be completed immediately prior to the point where the Level of Service E occurs. The Director of Public Works may determine that these improvements are not needed in conjunction with this project. 60. Traffic Signals. ApplicanUDeveloper shall be responsible for PW Occupancy Traffic installation of traffic signals at the intersections of Arnold of first report Road and Central Parkway, Hacienda Drive and Gleason building Drive, and Hibernia Drive and Central Parkway. 61. North Entrance Traffic Signal. Applicant/Developer shall be PW Occupancy Traffic responsible for the design and 50% payment for the installation of first Report of traffic signal at entrance to the Central Parkway/North main building entry, to the satisfaction of the Director of Public Works. Applicant /Developer shall install all underground conduit needed for the ultimate signal installation prior to final paving of Central Parkway to the satisfaction of the Director of Public Works. 62. Arnold Road. Applicant/Developer shall revise the striping on PW Occupancy East Arnold Road from Dublin Blvd. to Central Parkway to create of first Dublin two northbound lanes as shown on the said precise plans building. Specific prepared by Brian Kangas Foulk Engineers, dated August 5, Plan 1998. 63. South Entrance Traffic Signal. Applicant /Developer shall be PW Occupancy Traffic responsible for the ultimate and interim design of a traffic of first Study signal at the intersection of Dublin Boulevard and the south building main entry to the satisfaction of the Director of Public Works. Applicant /Developer shall install all underground conduit needed for the ultimate signal installation prior to final paving of Dublin Blvd. to the satisfaction of the Director of Public Works. The Interim traffic signal is to accommodate only left turns and right turns from east bound Dublin Blvd. to the southerly driveway entrance into the site. The Applicant/Developer shall install signs prohibiting left turn movement to eastbound Dublin Boulevard. Applicant / Developer shall install the interim traffic signal to the satisfaction of the Director of Public Works. 64. North Entrance Single Left turn lace. Applicant /Developer PW Occupancy Traffic shall install one single 10 foot wide by 200 long lefr turn lane of first Study with a 90 foot transition from westbound Central Parkway into building north entrance to the site to the satisfaction of the Director of Public Works. 15 65 South Entrance. Applicant /Developer shall widen the south PW Occupancy Traffic entrance to Dublin Blvd. to 40 feet wide by 150 Tong creating of first Study 14foot north bound lane, 12 foot wide south bound future left building lane and 14 foot wide right turn lane to the satisfaction of the Director of Public Works. 66. Dublin Boulevard/Dougherty Road Intersection PW When PW Improvement. The Applicant/Developer shall be responsible determined for the project fair share contribution towards the City Capital by Director improvements project for the following improvements to the of PW Dublin Blvd. and Dougherty Road intersection: a. Eastbound Dublin Boulevard, exclusive right-turn lane to Southbound Dougherty Road. b. Northbound Dougherty Road, exclusive right-turn lane to eastbound Dublin Boulevard. c. Westbound Dublin Boulevard, restriped to provide an additional lefr turn lane to southbound Dougherty Road. d. Modifications to the Traffic Signal. This is a category 2 TIF improvement. In the event that the City has a shortfall of category 2 funds available to complete the above list of improvements, the Developer shall contribute the remaining balance of the funds needed to complete the specified improvements to the satisfaction of the Director of Public Works. To the extent practical, the notice shall be timed so that the work shall be completed immediately prior to the point where the Level of Service E occurs. The Director of Public Works may determine that these improvements are not needed in conjunction with this project. 67. Hacienda Drive and Dublin Blvd. Right Turns. The PW Occupancy Traffic Applicant /Developer shall be responsible for the dedication of first Study and installation of an exclusive dedicated right-turn lane 12 building feet wide by 200 feet long with a 90 foot transition on southbound Hacienda Drive to Westbound Dublin Boulevard and on Westbound Dublin Boulevard and the south main entrance. 68. On-site 4-Way Stop. The Applicant/Developer shall install an PW Occupancy Traffic on-site 4-way stop at the intersection of the two main drives of first Study from each of the project entrances into the site. building 69. Dublin Blvd. Left turn. The Applicant/Developer shall install PW IMP Traffic an eastbound Dublin Blvd. lefr turn lane 12 feet wide by 200 Study feet long to the south main entrance of the site to the satisfaction of the Director of Public Works. The curb lines of the intersection shall be configured to not allow left turns from the southbound main entrance to eastbound Dublin Boulevard. 70. Site Plan. Applicant /Developer shall install all site PW Occupancy Standard improvements in the location and geometries shown in the of first Tentative map 7580 prepared by Kier and Wright Civil building Engineers and Surveyors, Inc. dated December 1999, except those parking stalls that provide for a vehicle to back out into the main drive aisles shall be eliminated to the satisfaction of the Director of Public Works. 16 73. Easements. Any easements now existing on Parcels One and PW Prior to Standard Two, and not to be part of the proposed utility and street Recordation improvements, shall be abandoned and removed prior to or of Final Map concurrently with the approval of the Parcel Map or in the absence of map, a Site Development Review application. 74. Utility Installation. All water, gas, sewer, underground PW Occupancy Standard electric power, cable television or telephone lines, and storm of first drain facilities shall be installed before any paving, curb, gutter building or sidewalk is installed, or as approved by the Director of Public Works. Utility stub connections to property boundaries shall be required unless waived by the Director of Public/City Engineer in writing. 75. DamageBepairs. The Developer shall repair all damaged PW Occupancy of Standard existing street, curb, gutter and sidewalk along Dublin first building Boulevard, Hacienda Drive, Central Parkway and Arnold Road as a result of construction activities to the satisfaction of the Director of Public Works. 76. Joint Access with Neighboring Site. The joint access between PW Occupancy PW this site and the neighboring site to the west shall be in of Any conformance with Tentative Parcel Map 7580 prepared by Kier Building and Wright dated December 1999. EMERGENCY SERVICES 77. ACFD Rules, Regulations and Standards. F Issuance of 74 Applicant/Developer shall comply with all Alameda County Building MM Fire Services (ACFD) rules, regulations and standards, Permits Matrix including minimum standards for emergency access roads and payment of applicable fees, including City of Dublin Fire Impact Fees. 78. Fire Hydrants. The Developer shall construct all new fire PW Occupancy PW hydrants in streets to City and Alameda County Fire of adjacent Department standards. The Developer shall comply with building applicable Alameda County fire Department, Public Works Department, Dublin Police Service, Alameda County Flood Control District Zone 7 and Dublin San Ramon Services District requirements. 79. Fire Conditions. Developer shall comply with all conditions F Issuance of Standard of the Alameda County Fire Department (ACFD), including: Building Permits a. Final location of fire hydrants shall be approved by the Alameda County Fire Department in accordance with current standards. Minimum fire flow design shall be for 1500 gallons per minute with 20-psi residual flowing from a single hydrant. Raised blue reflectorized traffic markers shall be epoxied to the center of the paved street opposite each hydrant. A drawing of the approved locations shall be submitted for future reference. b. Fire lanes shall be identified in the plan and approved by the ACFD prior to installation. c. Emergency Vehicle Access roadways shall be designed and installed to support the imposed loads of fire equipment. The minimum standard shall be H2O design. Design shall be approved by ACFD prior to installation. d. Gates or barricades designed for emergency vehicle access shall meet the standards of the ACFD and the City of Dublin. 17 e. Prior to the delivery of any combustible material storage on the site, fire hydrants, water supply, and roadways shall be installed and sufficient water storage and pressure shall be available to the site. Approved roadway shall be first lifr of asphalt. f. Plans may be subject to revision following review. 80. Projected Timeline. ApplicanUDeveloper shall submit a PO Issuance of 66, 69, 70 projected timeline for project completion to the Dublin Police Building MM Matrix Services Department, to allow estimation of staffing Permits requirements and assignments. 81. Non-Residential Security. ApplicanUDeveloper shall comply PO Occupancy of PO with all applicable City of Dublin Non-Residential Security Any Building Requirements. a. Employee exit doors shall be equipped with 180-degree PO Occupancy of PO viewers if there is not aburglary-resistant window panel in Any Building the door from which to scan the exterior b. The developer and/or property owner and/or tenant shall keep the site clear of graffiti vandalism on a regular and continuous basis. Graffiti resistant paint for the structures and film for windows or glass should be used. ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, ZONE 7 82. Wells. Any water wells, cathodic protection wells or Zone 7 Issuance of Standard exploratory borings shown on the map that are known to exist, Grading are proposed or are located during field operations without a Permits documented intent of future use, Fled with Zone 7, are to be destroyed prior to any demolition or construction activity in accordance with a well destruction permit obtained from Zone 7 and the Alameda County Department of Environmental Services or are to be maintained in accordance with applicable groundwater protection ordinances. Other wells encountered prior to or during construction are to be treated similarly. 83. Salt Mitigation. Recycled water projects must meet any Zone 7, On-going 141 applicable salt mitigation requirements of Zone 7. PW MM Matrix 84. Requirements and Fees. ApplicanUDeveloper shall comply Zone 7, Issuance of Standard with all Alameda County Flood Control and Water PW Building Conservation District-Zone 7 Flood Control requirements and Permits applicable fees. DUBLIN SAN RAMON SERVICES DISTRICT (DSRSD) 85. Construction by Applicant/Developer. All onsite potable and DSRSD Completion of Standard recycled water and wastewater pipelines and facilities shall be Improvements constructed by the ApplicanUDeveloper in accordance with all DSRSD master plans, standards, specifications and requirements. 86. DSRSD Water Facilities. Water facilities must be connected DSRSD Acceptance of DSRSD to the DSRSD or other approved water system, and must be Improvements installed at the expense of Applicant/Developer in accordance with District Standards and Specifications. All material and workmanship for water mains and appurtenances thereto must conform with all of the requirements of the officially adopted Water Code of the District and shall be subject to field inspection by the District. ApplicanUDeveloper shall comply with all conditions of Parcel Map No. 7233 -Resolution No. 02-98, including: 18 a. Prior to issuance of any building permit, complete improvement Issuance of DSRSD plans shall be submitted to DSRSD that conform to the requirements Building of the DSRSD Code, the DSRSD "Standard Procedures, Permits Specifications and Drawings for Design and Installation of Water and Wastewater Facilities." all applicable DSRSD Master Plans and all DSRSD policies. b. All mains shall be sized to provide sufficient capacity to each Approval of DSRSD development project's demand. Layout and sizing of mains shall be Improvement in conformance with DSRSD utility master planning. Plans c. Sewers shall be designed to operate by gravity flow to DSRSD's Approval of DSRSD existing sanitary sewer system. Pumping of sewage is discouraged Improvement and may only be allowed under extreme circumstances following a Plans case-by-case review with DSRSD staff. Any pumping station will require specific review and approval by DSRSD of preliminary design reports, design criteria and final plans and specification. DSRSD reserves the right to require payment of present worth 20- year maintenance costs as well as other condition within a separate agreement with the applicant for any project that requires a pumping station. d. Domestic and fire protection waterline systems for tracts or Approval of DSRSD commercial developments shall be designed to be looped or Improvement interconnected to avoid dead end sections in accordance with Plans requirements of the DSRDS Standard Specifications and sound engineering practices. e. DSRSD policy requires public water and sewer lines to be located in Issuance of DSRSD public streets rather than in off-street locations to the fullest extent Building possible. If unavoidable, then public sewer or water easements must Permits and all be established over the alignment of each public sewer or water line DSRSD in an off-street or private street location to provide access for future requirements maintenance and/or replacement. f. Prior to the approval by the City of a grading permit or a site Prior to DSRSD development permit, the locations and widths of all proposed issuance of easement dedications for water and sewer lines shall be submitted to grading and approved by DSRSD. permiUsite development permit g. All easement dedications for DSRSD facilities shall be by separate Prior to DSRSD instrument irrevocably offered to DSRSD or by offer of dedication approval of on the Final Map. Final Tract Map h. Prior to approval by the City for Recordation, the Final Map shall be Prior to Final DSRSD submitted to and approved by DSRSD for easement locations, widths Map and restrictions. recordation i. Prior to issuance by the City of any building permit, all utility Prior to DSRSD connections fees, plan check 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 scheduled established in the permit DSRSD Code. 19 j. Prior to issuance by the City of any building permit, all improvement Prior to DSRSD plans for DSRSD facilities shall be signed by the District Engineer. issuance of Each drawing of improvement plans shall contain a signature block building for the District Engineer indicating approval of the sanitary sewer or permit water facilities shown. Prior to the approval by the District Engineer, the applicant shall pa all required DSRSD fees, provide an engineer's estimate of construction costs for water and sewer systems, a performance bond, cone-year maintenance bond, and a comprehensive general liability insurance policy in the amounts and forms that are acceptable to DSRSD. The applicant shall allow at least 15 working days for final improvement drawing review by DSRSD before signature by the District Engineer. k. No sewer or waterline construction shall be permitted unless the Issuance of DSRSD proper utility construction permit has been issued by DSRSD. A building construction permit will only be issued after all of the items in permit and all Condition 861 have been satisfied. DSRSD requirements 1. The applicant shall hold DSRSD, its Board of Directors, On-going DSRSD commissions, employees, and agents of DSRSD harmless and indemnify and defend the same from any litigation, claims, -or fines resulting from the construction and completion of the project. m. The project is located within the District Recycled Water Use Zone Approval of DSRSD (Ord. 280), which calls for installation of recycled water irrigation Improvement systems to allow for future use of recycled water for approved Plans landscaped irrigation demands. Recycled water will be available in the future, as described in the DSRSD Eastern Dublin Facilities Plan Update, June 1997. Compliance with Ord. 280, as may be amended or superseded, is required, The District Engineer must approve any exemption thereto, in conformance with Ordinance 280. n. All irrigation facilities shall be subject to review by the District for Approval of DSRSD compliance with District and Dept. of Health Services requirements Final for recycled water irrigation design. Irrigation plans shall not be Landscape and approved by the City until review and approval thereof by the City is Ircigation confirmed. Plans o. The applicant shall coordinate with the District and Alameda County Approval of DSRSD Fire Department on required fire flows. The present interim water Improvement system is capable if providing a maximum of 3,500 gallons per Plans minute of fire flow to the site. A future reservoir will be constructed which will allow for a flow of 4,500 gallons per minute. The applicant shall hold the District harmless over the use of interim water system for fire protection. 20 SITE DEVELOPMENT REVIEW This Site Development Review approval for PA-99-062 establishes the design concepts and regulations for the project. Development pursuant to this Site Development Review generally shall conform to the approved plans and documents available on file in the Department of Community Development. (Some of the times require revisions as noted in other Conditions herein): GEN ERAL CONDTTIONS 1. Standard Conditions. The project shall comply with the City of PL, B Through Standard Dublin Site Development Review (SDR) Standard Conditions Completion (Attachment B). 2. Term. Approval of the Site Development Review shall be valid for PL On-going Standard one year from approval by the Planning Commission. If construction has not commenced by that time, this approval shall be null and void. The approval period for Site Development Review may be extended six (6) additional months by the Director of Community Development upon determination that the Conditions of Approval remain adequate to assure that the above stated findings of approval will continue to be met. (Applicant/Developer must submit a written request for the extension prior to the expiration date of the Site Development Review.) 3. Revocation. The SDR will be revocable for cause in accordance PL On-going Municipal with Section 8.96.020.1 of the Dublin Zoning Ordinance. Any Code violation of the terms or conditions of this approval shall be subject to citation. 4. Effective Date. SDR approvals shall not become effective until the PL Issuance of Municipal accompanying Eastern Dublin Specific Plan/Gland Amendment and Grading Code PD-Planned Development Rezone has become effective. Permits 5. Colors and Materials Board. Applicant shall submit a colors and PW, PL Issuance of Standard materials board subject to approval of the Director of Community Building Development to reflect any changes made during project review. Permits 6 Street Names. Street names shall not duplicate any names already PL, PO Approval of Standard being used in other segments of the City. Street names shall be Improvement subject to approval of the Director of Community Development and Plans the Dublin Police Service. 7. Building Permits. To apply for building permits, B Issuance of Standard Applicant/Developer shall submit twelve (12) sets of construction Building plans to the Building Department for plan check. Each set of plans Permits shall have attached an annotated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans will not be accepted without annotated resolutions attached to each set of plans. Applicant/Developertyill be responsible for obtaining the approvals of all participating non-City agencies prior to issuance of building permits. 21 8. Mechanical Equipment. All ducts, meters, transformers, air PL, B Issuance of Standard conditioning equipment and other mechanical equipment that is on- Building site or roof mounted shall be screened from view of all public rights Permits of way. A screening plan shall be submitted for review and approval by the Community Development Director and Building Official prior to approval of Building Permit. Said screening plan shall show that all ducts, meters, air conditioning equipment and other mechanical and utility equipment shall be effectively screened from view with materials architecturally compatible with the materials of the structure. 9. Refuse Collection Areas. The refuse collection areas within the PW, PL Approval of 279 project shall be reviewed by the refuse collection service provider to Improvement MM ensure that adequate space is provided to accommodate collection Plans Matrix of refuse from this facility. All trash enclosure areas shall be constructed with roof coverage or concrete pads. Aten-foot concrete pad shall be provided outside any trash enclosure area. 10. Streetlights. Streetlights on arterial streets adjacent to the project PW Approval of Standard shall be the City Standard cobra head luminaires with galvanized Improvement poles. Standard City cobra head luminaires may be used in this Plans development. Lights shall be designed so as not to shine into adjacent windows. A street lighting plan demonstrating compliance with this condition shall be submitted prior to recordation of the Final Map and shall be subject to review and approval by the Director of Public Works. 11. Parking. Applicant/Developer shall provide parking and all PL Completion of Standard improvements as shown on the Site Plan and Preliminary Landscape Improvements Plan prepared by RMW Architects and SWA Group, respectively, dated December 1999, and received by the Dublin Department of Community Development on March 17, 2000. All parking spaces shall be double-striped with 4-inch wide stripes set approximately 2 feet apart as shown on the "Typical Parking Striping Detail". Handicapped, visitor, employee, and compact parking spaces shall be appropriately identified on the pavement. 12. Bicycle Parking. Bicycle parking shall be provided near the PL, PW Occupancy of Standard building entries in accordance with the City of Dublin Zoning Any Building Ordinance and to the satisfaction of the Director of Public Works LAN DSCAPING 13. Final Landscaping and Irrigation Plan. Applicant/Developer PL, PW Issuance of Standard shall submit a Final Landscaping and Irrigation Plan, conforming to Building the requirements of Section 8.72.030 of the Zoning Ordinance Permits (unless otherwise required by this Resolution), stamped and approved by the Director of Public Works and the Director of Community Development. The plan should generally conform to the landscaping plan and must reflect any revised project design shown on the Site Development Review with a later date. 22 14. Street Trees. Street tree varieties of a minimum 15-gallon size shall PL, PW Plans PW be planted along all street frontages as shown on the Landscape Approved prior Standard Plan. Exact tree locations and varieties shall be reviewed and to Issuance of approved by the Director of Public Works. Trees planted within, or Building adjacent to, sidewalks or curbs shall be shown on the Landscape Permits/ Plan and submitted to the Public Works Department for review and Installed prior approval by the Director of Public Works. to Occupancy of Any Building I5. Project Signs. The Sybase project shall apply for and receive PL Prior to Standard approval of a Master Sign Program in accordance with Section Issuance of 8.84.130 of the City of Dublin Zoning Ordinance. Sign Permit 16. Monument Signs. Design of monument signs shall be approved by PL, PW Completion of Standard the Director of Community Development to assure compatibility Improvements with design elements of the project and by the Director of Public Works to assure unobstructed traffic visibility. 17. Baclcflow Devices. Backflow devices shall be screened from view PL Issuance of Standard by means of fencing, enclosures, landscaping and/or berms. Building Permits 18. Standard Plant Material, Irrigation System and Maintenance PL Occupancy of Standard Agreement. Applicant/Developer shall sign and submit a signed Any Unit copy of the City of Dublin Standard Plant Material, Irrigation System and Maintenance Agreement prior to the occupancy of any units. STANDARDS 19. Health, Design and Safety Standards. Prior to final approval PW, PL Occupancy of Standard allowing occupancy of any new building, the physical condition of Any Building the building shall meet minimum health, design, and safety standards including, but not limited to the following: a. The streets providing access to the site shall be complete to PL Occupancy of Standard allow for safe traffic movements to and from the site. Any Building b. All traffic striping and control signing on streets providing PW Occupancy of Standard access to the site shall be in place. Any Building c. All street name signs on streets providing access to the homes PL Occupancy of Standard shall be in place. Any Building d. Exterior lighting shall be provided for building entrances and PW Occupancy of Stamdard shall be of a design and placement so as not to cause glare Affected onto adjoining properties. Building e. All repairs to the street, curb, gutter, and sidewalk which may PW Occupancy of Standard create a hazard shall be completed to the satisfaction of the Any Building Director of Public Works and any non-hazardous repairs shall be complete and/or bonded for. f. All buildings shall have an illuminated address number that is PL, PO Occupancy of Standard clearly visible from the middle of the street. Any Building 23 g. Applicant/Developer shall submit a final lighting plan PL,PO, Plans Approved Standard (including photometrics) to the Department of Community B, PW prior to Development and the Dublin Police Services for review and Issuance of approval. At a minimum, the plan shall include 0.50 candle Building lighting levels at all doors, 1.0 candle lights at ground level in Permits/ parking lot areas, and lighting fixtures that are avandal- Lighting resistant type. Installed prior to Occupancy of Any Building h. All sewer clean-outs, water meter boxes, and other utility PW Occupancy of Standard boxes shall be set to grade to the approval of the Director of Any Building Public Works. i. The buildings shall have received all necessary inspections B Occupancy of Standard and have final approval by the Building Department to allow Any Building occupancy. j. All fire hydrants in streets providing access to the site shall be F Occupancy of Standard operable to City and ACFD standards. Any Building k. All streets providing access to the site shall be improved to an PW, F Occupancy of Standard adequate width and manner to allow for fire engine Any Building circulation to the approval of the Director of Public Works and ACFD. I. Exterior landscaping shall be kept at a minimal height and PO On-going PO fullness giving patrol officers and the general public surveillance capabilities of the area. m. Applicant/Developer shall provide each entrance of the PO Occupancy of PO complex with a graphic unit locator director, visible from Any Building within a vehicle as it enters the complex. n. Applicant/Developer shall keep the site clear of graffiti PO On-going PO vandalism on a regular and continuous basis at all times. Graffiti resistant materials should be used, including appropriate paints and film for windows and appropriate glass. o. Applicant/Developer shall work with the Dublin Police on an PO Plan submitted PO ongoing basis to establish an effective theft prevention and prior to security program. Applicant/Developer shall submit a security Occupancy of plan for the site for review and approval by the Dublin Police. Any Building p. Employee exit doors shall be equipped with 180-degree PO Plan submitted PO viewers if there is not a burglary resistant window panel in he prior to front door from which to scan the exterior. Occupancy of Any Building q. The applicant/developer shall submit a security plan For the PO Prior to PO site. The plan shall include information regarding: alarm Issuance of systems (type and location), inventory control measures, key Building Permit control measures, employee safety and security training programs r. Building tenants shall complete a "Business Site Emergency PO Plan submitted PO Response Card" and deliver to the Police Department. prior to Occupancy of Any Building 24 ENV112ONMENTAL REVIEW 20. Energy Conservation. Building plans shall demonstrate the PL, PW Issuance of ESDP incorporation of energy conservation measures into the design, Building EIR MM construction, and operation of proposed development. Permits 3.4/46.0 21. Conditions, Covenants and Restrictions (CC&R's). Applicant/ PW, PL Approval of Standard Developer shall update the project Conditions, Covenants and Final Map Restrictions documents (CC&R's) as necessary to reflect the further subdivision of parcel 2 of Parcel Map 7580. Applicant/Developer shall submit the revised project CC&Rs for review and approval by the Director of Public Works and the Director of Community Development. 22. Utilities Phasing. Construction of the utilities shall conform to the PW, PL Occupancy of Standard phasing of construction and access shown on the Master Utility Map Any Building and Phasing Plan or as directed by the Director of Public Works. 23. Site Plan. Approval of the Tentative Parcel Map is not an approval PL, Ongoing, SDR Standard of the specific proposed site plan and lot improvements, lot traffic PW, B circulation system or parking plan, street improvement fronting each proposed lot. Specific parking layout and site frontage improvements will be addressed and reviewed as part of the improvement plan review process for each lot. 24. Utilities. All water, gas, sewer, underground electric power, cable PW Grading Standard television or telephone lines and storm drain facilities shall be Permit installed before any paving, curb, gutter or sidewalk is installed or as approved by the Director of Public Works/City Engineer. Utility stub connections to property boundaries shall be required unless waived by the Director of Public Works/City Engineer in writing. 25. Improvement Plans. The Developer shall prepare Improvement PW Grading Standard Plans in accordance with the latest City of Dublin Improvement Permit Plan Review Checklist prepared and filed with the City of Dublin Public Works Department. 26. Geotechnical Report. Prior to approval of the street improvement PW Grading Standard plans. Developer shall prepare a Geotechnical Report Permit recommending necessary street pavement sections, grading recommendations and compaction requirements for the extension of Dublin Boulevard, Central Avenue and Arnold Road for review as required by the City's Grading Ordinance (as a minimum). 27. Landscaping at street intersections shall be such that sight distance PW, Grading Standard is not obstructed. Except for trees, landscaping shall not be higher PL Permit than 30 inches above the curb in these areas. 28. The Applicant/Developer shall prepare Landscaping and Irrigation PW, Grading Standard site plans in accordance with the submitted preliminary plans for PL Permit review and approval by the Director of Public Works and the Community Development Director. The proposed design shall be in accordance with the Eastern Dublin Specific Plan and to the satisfaction of the Director of Public Works. 25 PASSED, APPROVED and ADOPTED this 9th day of May, 2000. AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chairperson ATTEST: Community Development Director 26 ATTACHMENT "A" TYPICAL PUBLIC WORKS GENERAL CONDITIONS OF APPROVAL The following Conditions of Approval (as referenced in the preceding resolution) are standard Conditions of Approval applicable as required by the Public Works Department for all development projects within the City of Dublin. Unless modified by referenced conditions in the preceding resolution, these conditions are assumed to be complied with prior to issuance of Grading Permit or approval of Improvement Plans. ARCHAEOLOGY: If, during construction, archaeological materials are encountered, 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 (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation measures, if they are deemed necessary. BONDS: 2. The developed shall provide Performance (100%), labor and material (50%) securities and a cash monumentation bond to guarantee the installation of subdivision improvements, including streets, drainage, grading, utilities and landscaping subject to approval by the Director of Public Works/City Engineer prior to approval of the Final or Parcel Map. 3. Prior to acceptance of the project as complete and the release of securities by the City: a) All improvements shall be installed as per the approved Improvement Plans and Specifications. b) All required landscaping shall be installed. c) An as-built landscaping plan prepared by the project Landscape Architect and a declaration by the Project Landscape Architect that all work was done under his 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/City Engineer. d) Photo mylar and if available, AutoCAD 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. e) A complete record, including location and elevation of all field density tests, and a summary of all field and laboratory tests. f) A declaration by the Project Civil Engineer and Project Geologist that all work was done in accordance with the recommendations contained in the soil and geologic investigation reports and the approved plans and specifications. 4. Upon acceptance of the improvements and receipt of required submittals, the performance security may be replaced with a maintenance bond that is 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. 27 5. The labor and materials security is released upon acceptance of the improvements, provided no liens are filed against the developer on this project. CREEK: 6. Buildings shall be no closer than 20 feet from top of the bank along the Creek, where the top of bank is either the existing break in topography, or a point at the existing ground line which is the intersection of a line on atwo-horizontal-to-one-vertical slope begun at the toe of the slope in the Creek, whichever is more restrictive. DRAINAGE: 7. Each lot shall be so graded as not to drain on any other lot or adjoining property prior to being deposited to an approved drainage system. 8. 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. 9. An 18" minimum diameter reinforced concrete pipe (RCP) shall be used for all public storm drain main lines and 12" minimum diameter RCP shall be used for laterals connecting inlets to main drain line. 10. Under-sidewalk drains (curb drains) shall be installed on both sides of driveway approaches. 11. Storm drainage detention facilities shall be designed to contain the 100- year storm occurrence including 1 foot of freeboard. 12. In case that the detention basin outlet fails and the basin cannot contain the 100-year storm, streets must be designed so that the overflow release shall directed to the subdivision streets and shall be contained in the road right-of-way. 13. Storm drainage facilities shall be designed to meet the following capacity: Drainage area Design Storm less that 1 sq. mile 15 year 1 to 5 sq. miles 25 year over 5 sq. miles 100 year 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. 14. No buildings or other structures shall be constructed within a storm drain easement. 15. Developer shall provide "trash racks" where storm drainage improvements intercept natural drainage channels. An all-weather maintenance road shall be constructed to the trash racks. 16. Concrete V-ditches shall be constructed on slopes 10 feet and higher in accordance with City Ord. 56-86. These V-ditches shall have a 5% minimum slope. 17. All slopes 10 feet or higher will have a concrete V-ditch installed at the toe of the slope. These ditches shall discharge into natural drainage channels or an adequate storm drain system. 2a 18. Drainage in all concrete ditches shall be picked up and directed to the bottom of an approved drainage channel. The slope on these ditches shall not be less than 5%. 19. A 6" minimum diameter subdrain shall be installed in all swales that are to be filled. 20. All subdrains shall tie into storm drain catch basins or manholes at the downstream end of the subdrain. There shall be a clean-out at the upper end of all subdrains. 21. Downhill cul-de-sacs are not allowed without prior written approval of the Director of Public Works/City Engineer/City Engineer. If allowed they must provide a storm drain overflow corridor to an approved drainage facilities. This corridor shall be design to prevent flooding of building pads in case the street inlet is obstructed. 22. Streets designed with sump areas shall have a curb inlet at the low spot and two additional inlets within 50 feet of the low area. 23. No drainage shall be directed over slopes. 24. The storm drainage system shall be designed and constructed to the standards and policies of the City of Dublin. 25. All concentrated storm drain flow shall be carried in concrete curb and gutter, concrete valley gutters or storm drain pipe and shall discharged into an approved drainage facility, not onto slopes. 26. All public streets shall drain into storm drain systems before being discharged into established drainage channels. 27. The 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/City Engineer shall determine which requirements shall apply. DUST: 28. Areas undergoing grading, and all other construction activities, shall be watered, or other dust-palliative measures may be used, to control dust, as conditions warrant or as directed by the Director of Public Works/City Engineer/City Engineer. NPDES: General Construction: 29. For projects disturbing five (5) acres or more the applicant shall submit a Storm Water Pollution Prevention Plan (SWPPP) for review by the City prior to the 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 . The 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. For projects disturbing less than five (5) acres an erosion control plan shall be submitted with the grading plan. 30. 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. A copy of the SWPPP shall be kept at the construction site at all times. zs 31. Between October 1 and April 15 unvegetated graded slopes which drain to desilting basins shall be, at a minimum, protected by hydroseed mulch and silt fencing. Slopes not draining to a desilting basin, at a minimum, shall be seeded then covered with a 100% biodegradable straw fiber erosion control blanket. Silt fencing shall be installed at each bench and along the toe of slope. The developer shall be responsible for providing any addition slope protection which may be needed to prevent silting of natural water courses and storm drainage facilities. 32. Construction access routes shall be limited to those approved by the Director of Public Works/City Engineer/City Engineer and shall be shown on the approved grading plan. 33. Gather all construction debris on daily and place them 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, use tarps on the ground to collect fallen debris or splatters that could contribute to storm water pollution. 34. Remove all debris from the sidewalk, street pavement and storm drain system adjoining the project site daily or as required by the City inspector. During wet weather, avoid driving vehicles off paved areas. 35. 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. 36. Install filter materials (e.g. gravel filters, filter fabric, etc.) at all on-site storm drain inlets and existing inlets in the vicinity of the project site prior to: 1) start of the rainy season (October 15) 2) site dewatering activities, 3) street washing activities, 4) saw cutting asphalt or concrete Filter materials shall be cleaned or replaced as necessary to maintain effectiveness and prevent street flooding. Dispose of filter particles in an appropriate manner. 37. Create 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 on the project site that have the potential for being discharged to the storm drain system. Never clean machinery, tools, brushes, etc. or rinse containers into a street, gutter, storm drain or stream. See "Building Maintenance/Remodeling" flyer for more information. 38. Concrete/gunite supply trucks or concrete/plasters or similar finishing operations shall not discharge wash water into street gutters or drains. 39. Minimize the removal of natural vegetation or ground cover 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 detailed erosion control plan reviewed by the Director of Public Works/City Engineer/City Engineer and implemented by the contractor. 40. Fueling and maintenance of vehicles shall be done off-site unless an approved fueling and maintenance area has been approved as part of the SWPPP. Commercial/Industrial Developments: 41. The project plans shall include storm water pollution prevention measures for the operation and maintenance of the project for the review and approval of the Director of Public Works/City Engineer/City Engineer. The project plan shall identify Best 30 Management Practices (BMPs) appropriate to the uses conducted on-site to effectively prohibit the entry of pollutants into storm water runoff. 42. The project plan BMPs shall also include erosion control measures described in the latest version of the ABAG Erosion and Sediment Control Handbook or State Construction Best Management Practices Handbook, to prevent soil, dirt and debris from entering the storm drain system. 43. The 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. 44. 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 connections are subject to the review, approval, and conditions of the Dublin-San Ramon Services District (DSRSD). 45. All loading dock areas must be designed to minimize "run-on" to or runoff from the area. Accumulated waste water 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. Implement appropriate BMPs such as, but not limited to, a regular program of sweeping, litter control and spill clean-up. 46. All metal roofs and roof mounted equipment (including galvanized), shall be coated with a rust-inhibitive paint. 47. 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 connections are subject to the review, approval, and conditions of the DSRSD. 48. All paved outdoor storage areas must be designed to eliminate the potential for runoff to carry pollutants to the storm drain system. Bulk materials stored outdoors may need to be covered and contained as required by the Director of Public Works/City Engineer/City Engineer. 49. 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. 50. 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 trapped 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. 51. A structural control, such as an oil/water separator, sand filter, or approved equal, may be required to be installed, on site, 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/City Engineer/City Engineer for review and approval prior to the issuance of a building permit. 31 52. 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 be conducted in this area. Sanitary connections are subject to the review, approval, and conditions of the DSRSD. 53. Commercial Car Washes: No wash water shall discharge to the storm drains. Wash waters should discharge to the sanitary sewer. Sanitary connections are subject to the review, approval, and conditions of the DSRSD. 54. Vehicle/Equipment Washers: 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. 55. Fuel dispensing areas must be paved with concrete extending a minimum of 8'-t)" 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 down spouts must be routed to prevent 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. 56. All on-site storm drain inlets must be labeled "No Dumping-Drains to Bay' using an approved methods. 57. All on-site 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 by the Director of Public Works/City Engineer/City Engineer. Residential: 58. The project plans shall include storm water pollution prevention measures (SWPPP) for the operation and maintenance of the project subject to the review of the Director of Public Works/City Engineer/City Engineer. The SWPPP shall identify Best Management Practices (BMPs) appropriate to residential construction activities conducted on-site to effectively prohibit the entry of pollutants into storm water runoff. 59. The SWPPP shall include erosion control measures to prevent soil, dirt and debris from entering the storm drain system, 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. 60. The applicant is responsible for ensuring that all contractors, subcontractors, and suppliers are aware of, and implement, all storm water quality measures and implement such measures. Failure to comply with the approved construction BMPs will result in the issuance of correction notices, citations and/or a project stop order. 61. All on-site storm drain inlets must be labeled "No Dumping -Drains to Bay" using an approved methods. 32 62. All metal roofs and roof mounted equipment (including galvanized) shall be coated with a rust-inhibitive paint. 63. Trash enclosures and/or recycling area(s) must be completely covered; no other area shall drain onto this area. Drains in any wash or recycling area shall not discharge to the storm drain system. Drains should connect to the sanitary sewer. Sanitary connections are subject to the review, approval and conditions of the DSRSD. 64. When a common area car wash is provided, no wash water shall discharge to the storm drain system. The car wash area should drain to the sanitary sewer. The area must be covered and designed to prevent excess rainwater from entering the sanitary sewer. Contact the local permitting authority and POTW for specific connection and discharge requirements. If no common car wash area exists, means should be taken to discourage car washing, e.g., removing hose bibs and installing signs. 65. The applicant shall record CC&R's at the time of filing the final map which shall create a property owners association for the development. The CC&R's shall be subject to the review and approval of the City Attorney. Where not covered by a landscape and lighting district, the homeowner's association shall be responsible for implementing all storm water measures and the maintenance of all private streets, private utilities, and other common areas and facilities on the site, including all landscaping. Landscaping shall be designed with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides which can contribute to urban runoff pollution. GENERAL DESIGN 66. The developer is responsible for the construction site and construction safety. 67. The minimum width for the private roads with parking on one side shall be 33 feet or as otherwise approved by Director of Public Works. 68. A cul-de-sac or turnaround at or near the end of all dead-end private roads. 69. 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/City Engineer/City Engineer. 70. Special paving or concrete paving a minimum of ten feet wide shall be installed across private streets where they intersect public streets. No special paving or concrete paving will be allowed in public streets. 71. All of the plans, including Improvement and Grading Plans, and subdivision maps, must be designed to the City of Dublin's standards plans and specifications, policies and requirements using standard City title block and format. The grading plan design must based on the approved soil reports. In addition to the civil engineer, a soils engineer must sign the grading plans. The soils engineer or his technical representative must be present at all times during grading. All engineering plans must be designed and signed by a Registered Civil Engineer. Plans are subject to the review and approval of the Director of Public Works, and after his approval, original mylars or photo mylars with three sets of blue prints must be submitted to the City. 72. 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%. 33 73. No cut and fill slopes shall exceed 2:1 unless recommended by the project soils engineer and approved by the Director of Public Works/City Engineer/City Engineer. 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. 74. All residential building pad elevations must be above the 100-year flood level. 75. 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 floor elevation above the 100-year flood level. 76. 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 developer or homeowners' association for the periodic inspection and maintenance of all retaining walls that could possibly affect the public right-of-way. 77. Minimum sight distance for public streets, including intersection sight distance, shall meet the CALTRANS Highway Design Manual. 78. Prior to filing for building permits, precise plans for street improvements, grading, drainage (including size, type and location of drainage facilities both on and off-site) and erosion and sedimentation control shall be submitted and subject to the review and approval of the Director of Public Works/City Engineer/City Engineer. 79. The soils report for the project shall include recommendations 1) 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. 80. The Contractor shall be responsible for acquiring permits required by other agencies. (Fish & Game, Army Corps of Engineers, Zone 7, Etc.) 81. The ApplicanUDeveloper and ApplicanUDeveloper's representatives (engineer, contractor, etc.) must meet and follow all of the City's requirements and policies, including the Urban Runoff Program and Water Efficient Landscape Ordinance. EASEMENTS: 82. The Developer shall acquire easements, and/or obtain rights-of-entry from the adjacent property owners for improvements required outside of the subdivision. The easements and/or rights-of-entry shall be in writing and copies shall be furnished to the Director of Public Works/City Engineer/City Engineer. ~:Ab9P]:F 83. Prior to any grading of the site and filing of the Final Map or 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, both prepared by the Project Civil Engineer and/or Engineering Geologist; shall be approved by the Director of Public Works/City Engineer/City Engineer. 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 34 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 in place by October 15th and shall be maintained in place until April 15th unless otherwise allowed in writing by the City Engineer. It shall be the developer's responsibility to maintain the erosion and sediment control measures for the year following acceptance of the subdivision improvements by the City Council. FINAL MAP /PARCEL MAP: 84. Prior to filing the Final Map or Parcel Map, precise plans and specifications for street improvements, grading, drainage (including size, type, and location of drainage facilities both on- and off-site), and erosion and sedimentation control, shall be approved by the Director of Public Works/City Engineer/City Engineer. 85. Submit three (3) sets of approved blueprints and approved original mylars or photo mylars of improvement plans, grading plans, and recorded Final/Parcel Map to the City of Dublin Public Works Department. Upon completion of construction, the City's mylar shall be modified to an "as-built" plan (mylar) prepared by a Registered Civil Engineer. A declaration by a Civil Engineer and Soils Engineer that all work was done under his supervision and in accordance with recommendations contained in the soils report shall be submitted to the Public Works Department. 86. For storm drains outside the public right-of-way a "Storm Drain Easement" or "Private Storm Drain Easement" shall be dedicated on the final map. 87. Provide an access road and turn around and maintenance easement to storm drainage detention facilities and trash racks. 88. A current title report and copies of the recorded deed of all parties having any recorded title interest in the property to be divided, copies of the deeds and the Final/Parcel Maps for adjoining properties and easements shall be submitted at the time of the submittal of the final subdivision maps. 89. Existing and proposed access and public utility easements shall be submitted for review and approval by the Director of Public Works/City Engineer/City Engineer prior to approval of the Final/Parcel Map. These easements shall allow for vehicular and utility service access. 90. A 10-foot public service easement (6-foot on residential streets) shall be shown on the Final/Parcel Map along all street frontages, in addition to all other easements required by the utility companies or governmental agencies. 91. All street dedications shall include working easements for slope maintenance. 92. The boundary of all lots and the exterior boundary of the Subdivision, as well as the centerline of the streets, shall be survey monumented. At least three (3) permanent benchmarks shall be established. Plats and elevation data shall be provided to the City in a form acceptable to the Director of Public Works/City Engineer/City Engineer . FIRE: 93. Install fire hydrants at the locations approved by the Dougherty Regional Fire Authority in accordance with the standards in effect at the time of development. A raised blue reflectorized traffic marker shall be epoxied to the center of the paved street opposite each hydrant. 35 94. All materials and workmanship for fire hydrants, gated connections, and appurtenances thereto, necessary to provide water supply for fire protection, must be installed by the developer and conform to all requirements of the applicable provisions of the Standard Specifications of Dublin San Ramon Services District and Dougherty Regional Fire Authority. All such work will be subject to the joint field inspection of the Director of Public Works/City Engineer/City Engineer and Dublin San Ramon Services District. 95. Fire access roads must be designed, constructed, and gated to the satisfaction of the Director of Public Works/City Engineer/City Engineer and to the Dougherty Regional Fire Authority. 96. The improvement plans must be approved by the Dougherty Regional Fire Authority, as indicated by their signature on the title sheet. FRONTAGE IMPROVEMENTS: 97. Dedication of land shall be made to the City of Dublin such that it conveys land sufficient for the approved streets' right-of-way. Improvements shall be made, by the applicant, along all streets within the development and as required off-site including curb, gutter, sidewalk, paving, drainage, and work on the existing paving, if necessary, from a structural or grade continuity standpoint. FUTURE CONFORMANCE: 98. The design and improvements of the Subdivision shall be in conformance with the design and improvements indicated graphically, or as modified by the Conditions of Approval. The improvements and design shall include street locations, grades, alignments, and widths, the design of storm drainage facilities inside and outside the Subdivision, grading of lots, the boundaries of the Tract, and shall show compliance with City standards for roadways. GRADING: 99. Grading shall be designed in conformance with the approved tentative map. The grading plan shall incorporate the recommendations of the soil report. The grading plan shall conform with the City specifications and ordinances, City policies and the Uniform Building Code (UBC). In case of conflict between the soil engineer's recommendations and City ordinances the City Engineer shall determine which shall apply. 100. Prior to final preparation of the subgrade and placement of base materials, all underground utilities shall be installed and service connections stubbed out to property lines. Public utilities, Cable TV, sanitary sewers, and water lines, shall be installed in a manner which will not disturb the street pavement, curb, gutter and sidewalk, when future service connections or extensions are made. All public and private utilities shall be undergrounded. 101. Grading shall be done under the continuous inspection of the Project Soils Engineer. Grading shall be completed in compliance with the construction grading plans and recommendations of the Project Soils Engineer and/or Engineering Geologist, and the approved erosion and sedimentation control plan, and shall be done under the supervision of the Project Soils Engineer and/or Engineering Geologist, who shall, upon its completion, submit a declaration to the Director of Public Works/City Engineer/City Engineer that all work was done in accordance with the recommendations contained in the soils and geologic investigation reports and the approved plans and specifications. Inspections that will satisfy final subdivision map requirements shall be arranged with the Director of Public Works/City Engineer/City Engineer. 36 102. 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 City Director of Public Works/City Engineer/City Engineer as necessary to insure restoration of the site to a stable and erosion resistant state if the project is terminated prematurely. 103. Any grading, stockpiling, storing of equipment or material on adjacent properties will require written approval of those property owners affected. Copies of the rights-of-entry shall be furnished to the Director of Public Works/City Engineer/City Engineer prior to the start of work. 104. Street grades shall be designed and built in accordance with the General Plan, unless otherwise approved by the Director of Public Works/City Engineer/City Engineer. 105. The developer shall keep adjoining public streets free and clean of project dirt, mud, materials, and debris. 106. 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 for approved by the Director of Public Works/City Engineer/City Engineer. 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. 107. Landslide and erosive areas outlined in the geotechnical investigation report shall be shown on the improvement/grading plans or plans which are part of improvement/grading plans. The plans shall show the method for repair of these areas as stated in the geotechnical investigation. 108. Grading plans shall indicate the quantity of soil that must be imported or off-hauled. If soil must be imported or off-hauled, the Applicant shall submit details as to how it will be done and routes of travel for the Director of Public Works/City Engineer/City Engineer's approval. 109. All unsuitable material found at the site shall be removed from the site or stockpiled for later use in landscape areas. 110. Grading within a designated open space area shall be limited to that grading which is necessary for construction of the roadways traversing the open space and any approved development. 111. All cut and fill slopes shall be revegetated with native shrubs, trees and grasses subject to review and approval of the Planning Director and Director of Public Works/City Engineer/City Engineer. A revegetation plan for replanting graded slopes and replacing the amount of woodlands lost due to grading shall be prepared. Enhanced revegetation techniques shall be employed to ensure the success of the revegetation. Examples of enhancements to the revegetation plan include irrigating the young plants, placing top soil on fill slopes, using special planting techniques such as drilling into fill slopes to allow root penetration, and planting at a density similar to the native woodlands in the riparian corridors. 112. All landslides which effect any structures or roads or other improvements shall be maintain by Geologic Hazards Abatement District (GHAD). The developer or homeowners' association are responsible for financing the GHAD. The administration of the GHAD is to be determined at the Final Map stage. 37 113. A minimum 20 foot bench/maintenance road with concrete V-ditch shall be constructed at the bottom of slopes where open space abuts private property. 114. The project civil engineer shall certify that the finished graded building pads are within ± 0.1 feet in elevation of those shown on approved plans. HANDICAPPED ACCESS: 115. Handicapped ramps and parking shall be provided as specified in the American Disability Act (ADA). IMPROVEMENT PLANS. AGREEMENTS. AND SECURITIES: 116. 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." 117. All improvements within the public right-of-way, including curb, gutter, sidewalks, driveways, paving, and utilities, must be constructed prior to occupancy and in accordance with approved City Standards and/or Plans. 118. The ApplicanUDeveloper shall enter into an improvement agreement with the City for all improvements. 119. Complete improvement plans, specifications, and calculations shall be submitted to, and be approved by, the Director of Public Works/City Engineer/City Engineer and other affected agencies having jurisdiction over public improvements, prior to execution of the Subdivision Improvement Agreement. Improvement plans shall show the existing and proposed improvements along adjacent public street(s) and property that relate to the proposed improvements. 120. The developer shall have their engineer provide the City AutoCAD electronic copies of the Improvement, Grading and Storm Drain plans along with the Final Map which is tied to the City's existing mapping coordinates if available. 121. The Developer shall enter into an Improvement Agreement with the City for all subdivision improvements prior to issuance of improvement permit. Complete improvement plans, specifications and calculations shall be submitted to, and approved by, the Director of Public Works/City Engineer/City Engineer and other affected agencies having jurisdiction over public improvements prior to execution of the Improvement Agreement. Improvement plans shall show the existing and proposed improvements along the adjacent public street and property that relate to the proposed improvements. 122. All required securities, in an amount equal to 100% of the approved estimates of construction costs of improvements, and a labor and material security, equal to 50% of the construction cost, shall be submitted to, and be approved by, the City and affected agencies having jurisdiction over public improvements, prior to execution of the Subdivision Improvement Agreement. MAINTENANCE OF COMMON AREA: 123. Maintenance of common areas, including ornamental landscaping, graded slopes, erosion control plantings and drainage, erosion and sediment control improvements, shall be the responsibility of the developer during construction stages and until final improvements are accepted by the City Council and the securities are released (one year after improvements are accepted). Thereafter, maintenance shall be the responsibility of a homeowners' association or individual property owners, in accordance with the project CC&Rs. 38 MISCELLANEOUS: 124. Copies of the Final Map and improvement plans, indicating all lots, streets, and drainage facilities within the subdivision shall be submitted at 1" = 400' scale, and 1" = 200' scale for City mapping purposes. 125. The developer shall be responsible for controlling any rodent, mosquito, or other pest problem due to construction activities. 126. All construction traffic and parking may be subject to specific requirements as determined by the Director of Public Works/City Engineer/City Engineer. 127. 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, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. The City of Dublin shall promptly notify the developer of any claim, action, or proceedings. 128. In submitting subsequent plans for review and approval, each set of plans shall have attached an annotated copy of the project's conditions of approval. The notations shall clearly indicate how all conditions of approval will be complied with. Construction plans will not be accepted without the annotated conditions attached to each set of plans. The Applicant will be responsible for obtaining the approval of all participating non-City agencies prior to the issuance of building permits. PERMIT: 129. Applicant shall obtain Caltrans' approval and permit for any work performed within their right-of-way or impacting their facilities. 130. An encroachment permit shall be secured from the Director of Public Works/City Engineer/City Engineer for any work done within the public right-of-way where this work is not covered under the improvement plans. 131. The developer and/or their representatives shall secure all necessary permits for work including, but not limited to, grading, encroachment, Fish and Game Department, County Flood Control District, Corps. of Engineers and State water quality permits and show proof of it to the City of Dublin, Department of Public Works. 132. Prior to issuance of the grading permit, visually important trees shall be tagged in the field. After the staking of the daylight lines but prior to the start of grading, protective fencing shall be installed around the trees, subject to approval of the Director of Public Works/City Engineer/City Engineer. NOISE: 133. Construction and grading operations, including the maintenance and warming of equipment, shall be limited to weekdays, Monday through Friday, and non-City holidays, between the hours of 7:30 a.m. and 5:30 p.m. The Director of Public Works may approve days and hours beyond the above mentioned days and hours. The developer is responsible for the additional cost of the Public Works inspectors' overtime. 39 134. During the construction, noise control and construction traffic mitigation measures within residential neighborhoods or on public streets must be taken to reduce noise and use of public streets by construction traffic as directed by Public Works officials. PARKLAND DEDICATION: 135. Park land shall be dedicated or in-lieu fees shall be paid, or a combination of both shall be provided prior to issuance of building permits or prior to recordation of the Final Map or Parcel Map, whichever occurs first, in accordance with the Subdivision Ordinance. STREETS: 136. The street surfacing shall be asphalt concrete paving. The Director of Public Works/City Engineer shall review the project's Soils Engineer's structural pavement design. The developer shall, at his sole expense, make tests of the soil over which the surfacing and base are to be constructed and furnish the test reports to the Director of Public Works/City Engineer. The Developer's soils engineer shall determine a preliminary structural design of the road bed. After rough grading has been completed, the developer shall have soil tests performed to determine the final design of the road bed. In lieu of these soil tests, the road may be designed and constructed based on an R-value of 5. STREET LIGHTS: 137. Street light standards and luminaries shall be designed and installed per approval of the Director of Public Works. The maximum voltage drop for street lights is 5%. 138. Properties shall be annexed to the Street Lighting Maintenance Assessment District. STREET SIGNS: 139. The developer shall furnish and install street name signs, bearing such names as are approved by the Planning Director, and traffic safety signs in accordance with the standards of the City of Dublin. Addresses shall be assigned by the City Building Official. 140. Street names shall be submitted and processed through the Planning Department and shall be indicated on the Final Map. 141. The Developer shall furnish and install street name signs, in accordance with the standards of the City of Dublin, bearing such names as are approved by the City. The developer shall furnish and install traffic safety signs in accordance with the standards of the City of Dublin. STREET TREES: 142. Street trees, of at least a 15-gallon size, shall be planted along the street frontages. Trees shall be planted in accordance with a planting plan, including tree varieties and locations, approved by the Planning Director and Director of Public Works. Trees planted within, or adjacent to, sidewalks or curbs shall be provided with root shields. TRAFFIC: 143. The City of Dublin is currently studying the adoption and implementation of a regional traffic impact fee for roadway and street improvements in the Tri-Valley area. This fee will ao provide for Public Works projects to improve traffic circulation for accommodating new development within the City. If a regional traffic impact fee ordinance is approved and enacted prior to issuance of any building permits, the Applicant shall pay its fair share of this regional traffic impact fee. 144. 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. In addition, conduits with pull ropes shall be installed along the project frontage to accommodate future extension of the interconnect system. The extent of this work shall be determined by the Director of Public Works/City Engineer/City Engineer. 145. Multi-family and non-residential facilities shall provide bike racks. In addition commercial and office centers shall provide car and van pool preferential parking spaces as required by the Director of Public Works/City Engineer/City Engineer. 146. Non-residential facilities shall provide pedestrian access from the public street to building entrances as required by the Director of Public Works/City Engineer/City Engineer. UTILITIES: 147. Electrical, gas, telephone, and Cable TV services, shall be provided underground to each lot in accordance with the City policies and existing ordinances. All utilities shall be located and provided within public utility easements and sized to meet utility company standards. All utilities to and within the project shall be undergrounded. 148. Prior to the filing of the Final Map or Parcel Map, the developer shall furnish the Director of Public Works/City Engineer with a letter from Dublin San Ramon Services District (DSRSD) stating that the District has agreed to furnish water and sewer service to each of the dwelling units and/or lot included on the Final Map of the subdivision. 149. The Dublin San Ramon Services District shall review and approve the improvement plans as evidenced by their representative's signature on the Title Sheet. 150. Any relocation of improvements or public facilities shall be accomplished by the developer and at no expense to the City. WATER: 151. Water facilities must be connected to the DSRSD system, and must be installed at the expense of the developer, in accordance with District standards and specifications. All material and workmanship for water mains, and appurtenances thereto, must conform with all of the requirements of the officially adopted Water Code of the District and will be subject to field inspection by the District. 152. Any water well, cathodic protection well, or exploratory boring shown on the map, that is know to exist, is proposed, or is located during the course of field operations, must be properly abandoned, backfilled, or maintained in accordance with applicable groundwater protection ordinances. For additional information contact Flood Control, Zone 7 . 153. Developer shall design, incorporate, and institute water conservation measures for the entire project. Refer to "Water Efficient Landscape Ordinance # 18-92." 154. Developer shall design and provide infrastructure for recycled water use for landscaping in accordance with DSRSD and to the satisfaction of the Public Work Director. 155. Developer shall design and construct the water and sewer system in accordance with the DSRSD requirements. 41 ZONING: 156. Comply with all zoning provisions, including Zoning Ordinance and rezoning Conditions of Approval. G: \FORMS\DEV\COAl-97.DOC 42 ~ ~ tlINiIOdI'ItlD ~-__- 'NI'IHRQ t R' 7 c ~ ~ -wx (sze) me wsrz oiwanwo ~.a.o.oae ,LN3AIdOQ ~O3Q X0071dA tl u ~ ~ C -.cc tmz) rc •n.z rove wi.°e .m wx ows tl am"ONI 'Stl0A3AN05 R SM33NION3 l1Ap 0 0 1HmaM a aalH £t-c AId 96Z-££ZL Lid 332IHZ 13~tIVd 30 xocsrntaens ' "' - ""' ° oesa av~ z~oi~ea ~nizvsuas ;? ~ ~ P ~ ~ ~~~ ~ I ~~ ~~ I ~ ~~~ a .. ~ ..~_1 S_, ~. ~ ~ 9 i ~ W ~s ~ ~ ~ q~g _~- ;, ~ ,,, , s ~, Bp rk ~~I ~ i I i I i I i.,~ I i ~ L_ _ _ >, ~~eB - ~ ;. ~~ - _ ~ 1 ' _ ~ .-~- i ~~ i ~ i 1 _ i ~ P .~8 ~I gyp` ~ 1 ~ n ti~' ~~ I, JI,~ r d~~ n 3 ~' "QA ~I~ h~-~~ ~ '~ 1 ©: r ~ ~ ~ ~.ii~ '. i ~~ Lai e ~ € ~' ~ '~ f 7 } ` ~ ,i i I F- 3 !. ~` i I I ~ irt4l 1~ ~~~~-01 i 1~~.~I I I YI li E@Q~ ~c~~ j~ ~ tl I y~~~ ~ ~ ~ '~ 3 Iti~ I I ~ r.l m... . I 1 ~! ~ ' i f,' ~~a~ a~ ~ § ~ ~ ~ S I. I ~ ~ ~ so ~ I I ~r ~ i ~ ~ ~ .' ~ - el~S ~a- ~ ~' i 0 $ I ~ ~~ ~ 1 .. .~ ~ i i ~ ,x s i~ ega ~ p ^~ / ~n ~I - ~r+ ~g rl _~„~,,,r„ ~~~ ~~ ~ iI rI E ~ ~yy I ~ , / ~ c ~ i m _ g~ Q`i~:,: ~Il/ .~ r° I~pi~aGl '4t: ' /I - S~ ~ k s 8~ey ~€ i` ~ ka I i~ I ~ z ~ z, L. S I I I I 3~ g ~ ~~~ 0~=~"^. E~~ ~~ ~~ .1 ~ ~ / ~r 3Q .~ P 7 ^ [Ng{j _ u 1 t9 ~ ~ -t ~ ~ '-~ c ~ !p~ Sao ~~~ ~ i I K ~RQ ~! ,n`Ii ~ ~ o-r, i i4• i ° / y. °I I log at: E0~ 6~ala 0 ~, I I I r, ~ I ~ ~~ t 9 g y ~ , 1 ~ ~-- ~ y I ¢ ~ ~ k& I ~ c Sa--~ _ ~ i I 1 i ~.. b I~ I I e1. ~~I ~ ~ ~~R~ ~i~~ ~O~ 3 9@ gp Y p f ~i ~I, r~ _ .. mix I "i.w ~ ~ ~ I _ - I ~I I ~ ~ ~~~i ~3~~P ~Y F ~~ f { ~ . ~ ~ ~`~ r lid \ `; ~ o_ c ~ ! s ~ 1 i r~,F ~ ,' ~~~ ~~:~ ~g~ n~ ~' ~`~ - °' I - I N ,~ ~ p ~. ~, - - W // I 1 ' 1 _ _ z g ~ \ ~ ~_~ I IDI Pp ~~~ Q R8, 3 k I a r __ _ _ ~__ ~ i ~ ~ ~ _ ' ., L____, ~. I y t I y i ~ z -.r2_-~, ~M4F F- L ~ ~ 1, 4.1 ~~ ~~~[ ~~ Q~ ~C ~~ 7 a ' Q ~ 3R S aW ~ i I i ~ p~ I H ~pie~ . ~ z o~ ~ ~ ~~ i I ~~ ~~~ ~~~9~~ g~ ~~ 16 ap 9pp 2: is ~o" i ~ ~~3Q n' E ~ C - I ; I ~ ~2 3 ~ S~~ ~ ~ i tV I i y I E d aJ k @3 =~-+ ' U'r c7 - p5 € ~ i k T g a _ ~- I G A I I 1~ I ~ i ~ ~ ~ Q 6 ~ *; ^p i _~ rY~i nS ~E~ .S~ a~ I 'i I` ~ ~ I I ,„~,,,,,~ ~ w „ ~ r _ ~, € ,~ ~ i v ~' T ~. ~~~ .s~ Qom' ~ ~~ ~~~ ~ ~~~~~~ ~d's~~s~~s~ ~y ~ a. ¢ i ~~ ~ s~ ~ ~ d ~ I e rh ~ ~ ~..~ ~ ~ "y~ >~a^_' ~ ~ xmaE~F~'L ~~ ~<~QN Of r~l~ ~~ 1 `~„'~ ~ ~~-~ e c41:~ ~ ~ e t I~~ ~ S C` ~~ ~ }}} c r I. I Q ~~qq~~ ~ggyyt~~YgQ ~ '(~ ItI ~!~~ ~. _ -- I I ~ 73K C ). If ~ ~ ~~ q~ ~aaa 1 i~ i ~s~~3~~~~a33~~W~$~~W~z~~~~~~ ~ltkY ~ ~ _ _a ~, - _ _ _ R I ~' - - - - ~ . ~ ~~ ~ '~~~ ~; ,,.: --'~-T._- ~ z3.~."c`sxrra~---- -- _ ~d _ -_ \ ~~~~~~3~~~se~'_a ~v~ES$$~~s~~w .~ '--~---~a ~ ~~~ ~..:. ~~ ~ ~~F~-~\5~~..~ ,~.-, x~,~~.~ fr .-___ -----ew «rnvzrr-.__. -.- W .~- ~ i. j 8 ~ ~ ~ ~ I br ~~ ~~~~~~~~~~~~~~~~~~~~~ b ~~II III 8 IIIIIIIII ~ II III ~R I~~f I ~I( __ _ _ _ _ ~ z ~ c o z ~~ W c~ Z I J ~- C;~ a V ~ Z i i~ W ¢ m ~' ~ ~ G ~ "- __ \ ORDINANCE NO. - 00 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING THE ZONING MAP TO REZONE PROPERTY LOCATED AT THE NORTHWEST CORNER OF HACIENDA DRIVE AND DUBLIN BOULEVARD (APN 986-0014- 006) TO A PLANNED DEVELOPMENT ZONING DISTRICT AND ADOPTING A DEVELOPMENT PLAN FOR PA 99-062 WHEREAS, the Alameda County Surplus Property Authority(Property Owner) has requested approval of a Specific Plan/General Plan Amendment to change a portion of the land use designation for Site 15 from "High Density Residential" to "Campus Office," a Planned Development Rezone/Development Plan and Site Development Review to allow the construction of two six-story office buildings containing a total of 420,00 square feet surface parking and retailed improvements on 14.5 acres of land currently at the northwest corner of Dublin Boulevard and Hacienda Drive (APN 986-0014-006) within the Eastern Dublin Specific Plan/General Plan; and WHEREAS, the Applicant has submitted a complete application for a Planned Development Rezone, including a Development Plan as required by Chapter 8.32 of Title 8 of the Dublin Municipal Code which meets the requirements of said Chapter; and WHEREAS, the site will be rezoned from Planned Development for "High Density Residential" to Planned Development for "Campus Office"; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and implementing Guidelines, an Initial Study has been prepared to assess the impacts of the proposed project. Based on the Initial Study, a Mitigated Negative Declaration has been prepared and recommended for adoption to the City Council. The Initial Study is on file in the Dublin Planning Department. The project, with mitigation measures incorporated into the project, will not have a significant effect on the environment; and WHEREAS, the Planning Commission did hold a properly noticed public hearing on said applications on May 9, 2000, and did adopt Resolutions recommending that the City Council approve the Mitigated Negative Declaration, related Eastern Dublin Specific Plan/General Plan Amendment and Planned Development Rezoning/Stage 1 & 2 Development Plan for PA 99-062; and WHEREAS, a properly noticed public hearing was held by the City Council on June 20, 2000; and WHEREAS, a Staff Report was submitted recommending that the City Council approve the application; and WHEREAS, on June 20, 2000 the City Council adopted a Negative Declaration and approved a Specific Plan/General Plan Amendment for the project; and WHEREAS, pursuant to Section 8.32.070 and 8.120.050 of the Dublin Municipal Code, the City Council makes the following findings: A. The Planned Development Rezone Stage 1 & 2 are consistent with the general provisions, intent and purpose of the General Plan (as amended), in that the project would result in development with the land uses allowed by said designation and will contribute towards implementation of the General Plan; and ATTACHMENT 6 B. The Planned Development Rezone Stage 1 & 2 is consistent with the general provisions and purpose of the PD Zoning District of the Zoning ordinance. The Planned Development Rezone will be appropriate for the subject property in terms of setting forth the purpose, applicable provisions of the Dublin Zoning Ordinance, range of permitted and conditional uses and Development Standards, which will be compatible with existing High Density and Campus Office land use designations. In the immediate vicinity; and C. The Planned Development Rezone Stage 1 & 2 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 and accomplishes the objectives of Section 8.32.010, A through H, of the Zoning Ordinance; and D. The Planned Development Rezone Stage 1 & 2 will not have a substantial adverse effect on health, safety or be substantially detrimental to the public welfare or be injurious to property or public improvement, as all applicable regulations will be met; and E. The Planned Development Rezone Stage 1 & 2 will not overburden public services or facilities as all agencies must commit to the availability of public services prior to the. issuance of any building permit, as required by City laws and regulations; and F. The Planned Development Stage 1 & 2 will be consistent with the policies of Eastern Dublin Specific Plan/General Plan; and G. The Planned Development Stage 1 & 2 will create an attractive, efficient and safe environment through development standards contained in the Development Plan; and H. The Planned Development Stage 1 & 2 will benefit the public necessity, convenience and general welfare; and I. The Planned Development Rezone Stage 1 & 2 will be compatible with and enhance the general development of the area because it will be developed pursuant to a comprehensive Development Plan. WHEREAS, the City Council did hear and use their independent judgment and considered the Mitigated Negative Declaration, all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, the Dublin City Council 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 ("the Property") to a Planned Development Zoning District: Approximately 14.5 acres of land generally located at the northwest corner of Hacienda Drive and Dublin Boulevard;, more specifically described as Assessor's Parcel Numbers: 986-0014- 006. A map of the rezoning area is shown below: VICINITY MAP GLEASON DRIVE ~ ---- ~ ~ o c o ~~ > ~ o Q ~ ,~ o o CENTRAL o a PARKWAY z Q = cn a ~- DUBLIN BOULEVARD SITE 580 FREEWAY SECTION 2. The regulations of the use, development, improvement, and maintenance of the Property are set forth in the Stage 1 and 2 Development Plans (Exhibits A0.0 - A3.2; SL-1 -SL3 & C1-C7, hereto) which are hereby approved. Any amendments to the Stage 1 and 2 Development Plans shall be in accordance with section 8.32.080 of the Dublin Municipal Code or its successors. SECTION 3. Except as provided in the Stage 1 and 2 Development Plans, 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 take effect and be enforced thirty (30) days from and afrer the date of its passage. 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 AND ADOPTED BY the City Council of the City of Dublin, on this th day of , 2000, by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Approved as to form: City Attorney Initial Study/ Mitigated Negative Declaration Project Sybase Complex File PA# 99-062 Lead Agency: City of Dublin March 2000 %/h CITY OF DUBLII~T P.O. Box 2340, Dublin, California 94568 City Offices, 100 Civic Plaza, Dublin, California 94568 NOTICE OF PUBLIC REVIEW OF MITIGATED NEGATIVE DECLARATION PROJECT TITLE: PA #99-062 Sybase Headquarters Complex, including an amendment to the Eastern Dublin Specific Plan/General Plan, Rezoning to the PD (Planned Development) District, Stage 1 and 2 Site Development Review, Tentative Pazcel Map and Development Agreement. PROJECT LOCATION: The project site is located on the northwest corner of Hacienda Drive and Dublin Boulevazd. The site encompasses approximately 19 (gross) acres and 14.49 (net) acres of land, which is currently vacant. PROJECT DESCRIPTION: The proposed project includes a number of related land use applications to allow the development of a corporate headquarters facility for Sybase, a major computer software developer. At full build-out, the campus would include two mid-rise office buildings, pazking for approximately 1,200 vehicles and landscaping. The total amount of construction on the site would include a maximum of 420,000 squaze feet, which would lazgely be office space, but which would also include conference rooms, an employee cafeteria, employee fitness center and an approximately 30,000 squaze foot data center. A maximum of 3,570 employees would be located on the site at full build out. The two buildings would be constructed in one phase. It is anticipated that site improvements would be completed by early summer 2001. Development of the Sybase headquarters facility will require the approval of the following related application: Specific Plan/General Plan Amendment, PD-Planned Development rezoning, Site Development Review (SDR), a Development Agreement and a Parcel Map. Development of the project would also include site grading and earth moving, installation of site lighting (including parking lot landscaping, walkway lighting and lighting near each building), utility connections and identification signs. A Master Sign Plan would need to be prepazed for separate action by the City of Dublin. APPLICANT: Wilcox Development Services 14001 Dallas Pkwy. Suite 1111 Dallas TX 75240 Attn: Terry Lowery (972) 759 7878 ENVIRONMENTAL BACKGROUND & PUBLIC REVIEW: The Eastern Dublin Specific Plan was adopted in 1994 and has a certified Program EIR (SCH No. 91-103064). The City of Dublin, as the Lead Agency, has prepazed a focused Initial Study and a Mitigated Negative Declazation for the above referenced proposed project. The public review period for the Mitigated Negative Declaration and Initial Study will be from March 23, 2000 throueh Aoril 23, 2000. The City will accept comments on the proposed project during the public review period. Copies of the Mitigated Negative Declazation and Initial Study aze Administration (925) 833-6650 City Council (925) 633-6605 Finance (925) 833-6640 Code Enforcement (925) 633-6620 Engineering (925) 833-6630 Parks & Community Services (925) 833-6645 Economic Development (925) 833-6650 Police (925) 633-6670 Public Works (925) 833-6630 Building Inspection (925) 633-6620 Community Development (525) 833-6610 Fire Prevention Bureau (925) 833-6606 available for review at the City of Dublin Community Development Department, 100 Civic Plaza, Dublin, California. If you have any questions or comments, please contact the City of Dublin Community Development Department (925) 833- 10. r Eddie Peabo y, Jr. Director of Community Development Dated: Mazch 20, 2000 Published: Mazch 23, 2000 Table of Contents Introduction .................................................................... .................... 2 Applicants/Contact Persons ................................................. .................... 2 Project Location and Context ............................................... .................... 2 Project Description ........................................................... .................... 3 Environmental Factors Potentially Affected .............................. .................... I S Determination (to be completed by Lead Agency) :...................... .................... 15 Evaluation of Environmental Impacts ...................................... .................... 16 Earlier Analyses ............................................................... .................... 26 Attachment to Initial Study .................................................. .................... 28 Discussion of Checklist ...................................................... .................... 28 I. Aesthetics ................................................... .................... 28 II. Agricultural Resources ..................................... .................... 29 III. Air Quality ................................................... ....................29 IV. Biological Resources ....................................... .................... 30 V. Cultural Resources .......................................... .................... 31 V. Geology and Soils .......................................... .................... 31 VII. Hazards and Hazardous Materials ........................ .................... 33 VIII. Hydrology and Water Quality ............................. .................... 34 IX. Land Use and Planning ..................................... .................... 36 X. Mineral Resources .......................................... .................... 37 XI. Noise .......................................................... ....................37 XII. Population and Housing .................................... .................... 38 XIII. Public Services ............................................ ..................... 39 XIV. Recreation ................................................... .....................40 XV. Transportation/Traffic ..................................... .....................41 XVI. Utilities and Service Systems ............................ ..................... 45 XV. Mandatory Findings of Significance .................... ..................... 46 Initial Study Preparer ........................................................ ..................... 47 Agencies and Organizations Consulted ................................... ..................... 47 References .................................................................... ..................... 47 City of Dublin Environmental Checklist/ Initial Study Introduction This Initial Study has been prepared in accord with the provisions of the California Environmental Quality Act (CEQA) and assesses the potential environmental impacts of implementing the proposed project described below. The Initial Study consists of a completed environmental checklist and a brief explanation of the environmental topics addressed in the checklist. Applicants/Contact Persons RMW Architects 160 Pine Street San Francisco CA 9411 I Attn: David McAdams (415) 781 9800 Wilcox Development Services 14001 Dallas Pkwy., Suite 1111 Dallas TX 75240 Attn: Terry Lowery (972) 759 7878 Project Location and Context The project site is located on [he northwest corner of Hacienda Drive and Dublin Boulevard. The site encompasses approximately 19 (gross) acres and 14.49 (net) acres of land which is currently vacant. The major feature on the site include several large mounds of excavated material which has been placed on the site from construction of nearby projects Exhibit 1 depicts the location of the project area in context of the larger City of Dublin and Exhibit 2 shows the detailed site location. The project site is located within the Eastern Dublin Specific Plan/General Plan area. This Specific Plan/Genera] Plan was adopted by the City of Dublin in 1994 for the purpose of directing long-term land use, circulation, infrastructure and environmental protection for 3,302 acres of ]and located east of the central portion of Dublin and north of the I-580 freeway. At full build-out, the Eastern Dublin planning area would allow a range of residential, commercial office, employment and open space uses. City of Dublin t'age Initial Study/Sybase Headquarters March 2000 PA #99-062 Property north of the project site has been recently developed with an office complex; property to the east contains multi-family residential uses; properties south and west of the project site are vacant. Project Description The proposed project includes a number of related land use applications to allow the development of a corporate headquarters facility for Sybase, a major computer software developer. At full build-out, the campus would include two mid-rise office buildings, parking for approximately 1,200 vehicles and landscaping. The total amount of construction on the site would include a maximum of 420,000 square feet, which would largely be office space, but which would also include conference rooms, an employee cafeteria, employee fitness center and an approximately 30,000 square foot data center. A maximum of 3,570 employees would be located on the site at full build out. The two buildings would be constructed in one phase. It is anticipated that site improvements would be completed by early summer 2001. Development of the Sybase headquarters facility will require the approval of the following related application: Specific Plan/General Plan Amendment, PD-Planned Development rezoning, Site Development Review (SDR), a Development Agreement and a Parcel Map. Specific Plan/General Plan Amendment The existing Eastern Dublin Specific Plan/General Plan designates the site bounded by Central Parkway to the north, Hacienda Drive to [he east, Dublin Boulevard to the south and Arnold Drive to the west (34.6 total acres) for High Density Residential permitting an average of 1,211 dwellings to be constructed. The proposed Sybase project would not be consistent with this land use classification. The property owner, the Alameda County Surplus Property Authority, has filed an application to amend the Eastern Dublin Specific Plan/General Plan to redesignate a portion of the block, consisting of the 19-acre (gross)/14.49-acre (net) project site, from High Density Residential to Campus Office. The property to the south, identified as Site 16, would also be amended to delete 420,000 gross square feet of development from this site, which is the amount of development represented in the Sybase site. The Campus Office land use designation on Site 15 would accommodate the proposed Sybase project. The number of high density residential dwellings planned for the entire 34.6 gross acre site would be reduced to 864 dwellings on 15.6 gross acres of land. The remaining number of residential units (347) would not be constructed. Exhibit 3 shows the proposed Specific Plan/General Plan Amendment. Table 1 shows the existing and proposed acres and land uses before and after the Specific Plan/General Plan Amendment. The site numbers on the table correspond with the sites depicted on Exhibit 3. City of Dublin Page 3 Initial Study/Sybase Headquarters March 2000 PA #99-062 Table 1. Existing and Proposed Specific Plan/General Plan Land Uses-Alameda County Surplus Property Authority Property Site Name Acres (gross) Existing Specific Plan DU's/ Sq. Ft. Proposed Specific Plan DU's/ Sq. Ft. 1 Tassajaza Meadows 14.8 Med. Res 148,000 no change -- 2 Emera]d Glen Park 56.3 Park --- no change -- 3 Village Center 21.9 Neigh. Comm. 286,189 no change -- 4 Toll Emerald Glen 33.9 Med. Res. 339 du no change -- Sa G.M. 17 GC 185,130 no than a -- Sb Koll 35.1 CO/GC 553,421 no char e -- 6 AutoNation 28.9 GC 264,366 no than e -- 7 Hacienda Crossin 56.8 GC 530.536 no change -- 8 Calif. Creekside 35.7 Med. Res. 277 du no than a -- 9 Villas 16.2 MH Res. 324 du no chap e -- 10 School I 1 School -- no than a -- I la JPI 18.5 Med. High Res. 335 du no change -- ]b Summer Glen 69.2 L/M Res. 328 du no Chan e -- 12 Pub/Semi-Pub. 88.5 ublic 963,765 no Chan e -- 13 Creekside Business Park 29.7 Ind/Office 478,681 no change -- 14 Emerald Pointe 35.3 Ind/Office 568,937 no than e -- ISa Unentitled (Proposed S base) 34.6 High Den. Res. 1,211 du Campus Office (19 ac) 420,000 15b ---------------- --- --- High Den. Res. High Den. Res. (15.6 ac) 864 du 16 Unentitled 53 CO 1,962,378 no thane 1,542,378 PD-Planned Development Rezoning and Stage 1 and 2 Development Plans The applicant has also proposed a PD-Planned Development rezoning for the site. Existing zoning is Planned Development-High Density Residential. Proposed Zoning is PD-Planned Development-Campus Office. The proposed PD-Planned Development will include a District Planned Development Plan that will establish standazds and regulations governing the future use, development, improvement and maintenance of the site, in accord with Chapter 8.32 of the Dublin Zoning Ordinance. City of Dublin r Initial Study/Sybase Headquarters March PA #99-062 As pazt of the PD-Planned Development zoning application, a Stage 1 and Stage 2 Development Plan has been prepared for City approval describing in detail the proposed development program for the Sybase project. Details of the development plan are as follows: • Site Plan: The proposed site plan (Exhibit 4) indicates that the two main office buildings would be located on the southeast portion of the lot, at oblique angles to the two main intersecting streets. An open plaza would be created on the southeast corner of the site near the intersection of Dublin Boulevard and Hacienda Drive, which will be discussed below. Pazking would be arrayed azound the building complex to the north and east. Each office building would contain six stories and a maximum of 210,000 gross square feet. Building frontages would be oriented toward adjoining streets, although primary access to the buildings would be from parking lots closest to the buildings. The two buildings would be linked with a pedestrian bridge at the second floor. A shipping receiving dock would be located between the buildings and screened from view from surrounding streets with a wall and landscaping. Access. Parking Loadi~ and Circulation: Three driveways into the site would be provided, one each on Dublin Boulevard, Central Pazkway and Hacienda Drive. A total of 1,200 surface parking spaces would be provided, which would include compact and handicapped parking stalls as well as parking spaces for motorcycles. This number complies with City of Dublin off-street pazking standards. Each building would have a truck loading area, to be screened from adjacent streets by a fence and landscaping. A bus shelter would also be constructed on the northwest corner of Dublin Boulevard and Hacienda Drive to serve this and other neazby uses. Bicycle racks would also be provided on the site. • Architectural Desien: Two almost-identical buildings would be constructed, each six stories and 95 feet in height. Exhibit 6 shows exterior building elevations. Building design would reflect a "high tech" theme, with use of precast concrete panels as a base and extensive use of windows in aluminum frames with accent metal panels. Stylized metal and glass canopies would be provided to emphasize the main entries. Roof- mounted equipment would be screened behind metal panels. The buildings would be linked by a pedestrian bridge to match the design of the main buildings. Business identification signs would be located on the outside wall of the two buildings (one sign per building). Precast concrete panels would be two shades of gray and the window glass would be colored blue to slightly blue-green. Exhibits Sa and Sb show proposed building elevations. Development of the project would also include construction of site lighting (including parking lot landscaping, walkway lighting and lighting near each building) and identification signs. A Master Sign Plan would need to be prepared for separate action by the City of Dublin. • Landscanine: Project landscaping would include construction of a major urban park/plaza on the southeast corner of the site as well as perimeter landscaping around the site, landscaping within the parking lot and additional landscaping around the buildings. The main landscape feature would encompass approximately 1.4 acres of land and would include a mix of decorative hazdscape and landscaping. Landscape elements would City of Dublin Page 5 Initial Study/Sybase Headquarters March 2000 PA #99-062 consist of turf, trees and other decorative landscaping, including seating elements. Maintenance of on-site landscaping would be by the property owner or future building tenant. Grading and Utilities: As part of project development, the site would be cleared and graded to accommodate the proposed buildings, parking lots, pedestrian walkways and related improvements and to assure appropriate site drainage. It is estimated that cut and fill would balance on the site, meaning that no earthern material would need to be imported to or exported from the site. Underground utilities, including sewer, water, reclaimed water, storm drain lines, natural gas, telephone, fiber optic and electrical, would be extended to the site from adjoining streets. Adjacent streets have been constructed or are under construction to full width per the Eastern Dublin Specific Plan/General Plan. Site Development Review (SDR) An application has also been filed for a Site Development Review (SDR) permit, pursuant to Chapter 8.104 of the Dublin Zoning Ordinance. The purpose of SDR review is to promote orderly, attractive and harmonious development within the community and to ensure compliance with all applicable development regulations set forth in the Zoning Ordinance. Development Agreement A Development Agreement has been proposed between the City of Dublin, the existing property owner and the project developer. The Development Agreement would vest (or "lock in") City development approvals related to the project for a specified period of time. Parcel Map The applicant has also requested approval of a parcel map to subdivide the block formed by Central Boulevard, Hacienda Avenue, Dublin Boulevard and Arnold Drive into two separate parcels of record. Exhibit 6 shows the Tentative Parcel Map. After approval of the Tentative Parcel Map, a final Parcel Map would be prepared, approved by the City and recorded. City of Dublin Page 6 Initial Study/Sybase Headquarters March 2000 PA #99-062 Cy F~1 z avox xo~r~ 02I2IVH0 78 avO~I v2iv y Yu b~ v,LNVS x ~ > ~ Z m Z v°~ - R10 s~ ~ ,. a ~ ~ ~'i ~ `-'' v 3 ~-.a ~ :<:: Z by ~ T ~ ~::: J /:;>:.. v ~o ~ ~ ~ ao aC ~ ~ Q ~ o~ W .o !. avow ~ ~~ a a2ivAdOH 0 " avow ~~Hanoa o 1'6~ SNP .. N ~ O ~ O~ ~+ O~ ~~ J `~' ;; ~ .~ o N p; A w w ~ o R ~.a.; W~iU ~~ ~~ ~ ~~ ~ ~ - - - - - - ~ ~ _~ ~ ~ ~ ~ ~ ~~~3~~~ ~sg ~$g~~ ~ryi/ ~. ~ ~~ ~ u c d E c d E a a ~o L d ~.. //d~ C a ~~ a° ~~ w Ha o~ ay ~ u .,, ., L M ~A a ,. w. ~ o ~ ~ W ci U - w ~ ~~o ............... a 1 ~ .~ ~ . ~ ~. A~ .tl~ i i ~ 1! ~ I ~ ~ ~ ~, ~, l VY 11 11 ~C .' ,' e _._~ _'' a ~ : ~- ~` ~.... AI21Q ^ daN31~dH; ~ ~ ::: ~ - I^ ~"~ _. r xar.rr ~. v d r- a_oooo.ooo~ , ,r m,. ,, ~_ ~ } ,. ~ _ ~~ .~ d- d o e~ e ~ -0 , o ., .~ ~ ~ _ ~ xt~xxExi ~ r ,: '~ - m~v~• lr W M(l~il 4(j'I~ d m"""" I'i ,o.,.o.:,.b. .o.,o...:o. y..__o:..~ .~. xd. < ~~ -.. n ..x>ti-~ ~~ m. j H lyy(~; i - - ~~ ~ I I 11 1 1 1 „ , 1 11 ; ' 11 11 11 11 11 ~ ~ ~ 11 9 '< z 11 11 3~ q ; g i 1 1 II ~ 1 " 11 11 1! ~ ~ C 1 1 , 1 1 1 I I . 1 p ~ I 111 11 '11 11 .. I i 111 11 'll 11 y 11 j 1 ~ iL., , , ~~ 1 1 .,1 1 1 ,1 6 i! ~ ; sll l l 11 'It ~' v, ~;~; ~~ Yx I e~ - 11 1 1 1 1 i f' 1 6a V ONIt)II~A 1 1 ' ' ff 1111 11 111 11 rr ~ 1 1 1 1 11 11 "Mr9 ~ II 2 ~ o ~~ ~ ~ 11 4 ~ x ~~, ~'. ' ~' - ~@ ~.~` ~. ~. ~~~rK .~j~ L I.: J' a ~~. z W~ UI lJl' T T ~, ~ ~ ~ ~ r ~ ~ I ~~ C ~ ~ yl ~ ~ p ~I ~ 9 9 I I ~ ~ i 9~ ~ ~~ ~~~ ~ ~ g ~ ~ j ~ ~ I ~ ~ ~ ~ g~g ~~ ~ ~ ~ ~ ~ ~ ~1 ~ 1 ~~ ~9 ~~ ~ ~ ~ ~ ~ o c ~ ~. o ~ 5'~ _ ~ ~~ -7 ~ 11 11 L 8 Yjqj ~~ o a ~ j ~ ~ o. ~I d t:.t - y~ ~, ~ ~ 11 - PO 9 ( OC ~• C~ C-] 7 -~ I 1. 1 11 1 1 •• r ~_- ~ O ~ ~ 11 U @W 1 i " ~ 9q J 11 1 -- ~-- I I-- -- ---f--~-acc scar-.. _ ~~ P /{/~ 1 1 w 41 .._ 3Ai21a- - - - ', I' ~ 1 11 1. 11 1 1 ~~ 1 W Z ~I 11 11 11 11 11 11 11 11 11 11 ~- Q 11 ;; 11 11 11 11 11 11 11 11 11 11 ;; ~1 11 11 1. 11 11 11 11 11 {r Z 1 _.. 11 11 11 11 1 1 _ 11 11 11 11 ;:iw~;; aN ~~ N~ a~ oa ~ v q L Il.r d o 0 ~a`A .. ~.. ~~~ W ~i U e ~~~ ~1 ~ ~~ ~ ~ ~ ~~~ p~p F~ 9~ 4 " ,--~'' I r i I +. ~~ ~€ ~~ ~9 W ON ++ ~ O O d~ W d, as a c ~ U . ~ m •iOi .~ a d~ ~~ o~ a. ~ a a, b ~~A ~ o .C a+ .r W~U ., w w ~ ~ ,. o ~ ~ A~ f~s I #~ ~ ~i ~~ ~, ~ ~~ ~ i i ( ~ ~ ~..5try-~ r ~~tq-n-r-~_r~, .ter -r F L a _.. .., 5 ~ ,F ~ ~~ ~ ~~ ~~ ~t ~~ *! a: 4 a ~I i? S i~ I~ I~ n ~, ~ N :~ 4~ > O~ v a ud ~a _ .., o~ _~ ~ ~o - 0 ~, oa ~~ n ~ D ~ ~~ D~.q L P, ~ .b ~~C~ w ~ ~ o - .., ~, W.~.,U ~~ ~~ ~~ E ~a ~ ~~~ ~ ~~ ! ~ ~~~ -- - __ T. ~ .w=»i `sao.3nnnz a savx~ex~wnu dlKaodt'tvJ 'N190ga F {~ 3 " ~ ~-. ¢J rc ror rti un. E Utl - - - _ C- nm 1H917lM $ M31N 1N9 WAO'1313n XOJ91M d ' g ti n ~ i ~ ~! ET-L Wd 9E2-£EZL pId 38NH.1 7302Tdd d0 AfOISIAIQHf1S i ~y_...__-._~ ___.._._-- a. ter----__ ..--- a 099L, dVS~i 'I3~2Itld 3AI,LV.Lf33.L e ~ x ~ ~ a .-. N gg i I I ~ C ~~°gt !~ ~: cry I ~ ~~ ° c f a gn ° ~ 5 ~ggs i~ c xraa~ ~ xxwas~ 1 1 1 ..,. .., ppaa I i ` E -_._ _._ °~~ _ / p(~Yfp N atl{ G t ~C ~ ~ ' 1s~~ ... 4 A9I: luau rax]ar» " ]. ; ~ }~ ~ G a 6 as ! ~ ]niea an]n gI ~ ~ I ;a L •~ - ~ it 11~C C tt :; g#~ ~ F ~ o /' i .~). ! g~, ) 1 it g~ ~ r ~ -cep{. a, ~ 6Q II ' ~ I s y Cd ~~~~ ~ ~ tl ~ * E a s ~~~~ ~! I ~ i" ~ ~ ~ r ~ f ; ~ t _ r.. I t '"~ , ec+¢ ~ l' I ~~ I ! ~; g~p ~~ zg±~~ z]: S€~~~~ a "d 'd r'~ rl r`,~ ~1y-- , l• `~.-~ N°nvw ~,T~`,.y F~~ )II I' ~~Yn ~a~ ~C. ~ !' iI -3~'~.x '~ ~I jI ~9 §~ L: $~Li ~~~s ~ ~ A "~ n a 4 /' I rrf ` .'F ~jr _>. ~ --'~F i ~f~-0i Eg~~~ --t II ~ ~I ~ 4: ~3 ~ r O i r ~ I y rd / ~ r ~ 3 S `_ ~''~g ' ~ n r ~ ~ I ~ ."I ~c ~~ :" C I ~I r.' r ~5,aa . i•/ it r-. ,;~.~y." .,^ A'-' t I ;',~ 4 .:.pB ! `w.a I li W r-I 7) _ I ,' ant ~, ~ <~, r - }~i 9' ra ~.pp Cg , as ~ ( I d i I `~ F ~ ~)_ ~ ~ H Y_ F 1S Ir'T' ~~ 3i e r ~ + ~ I ~Q t ~~f ~ r,r`~~~~ t~ I ~ ~ ~ ~ t=~ /"' __ a~ Psi .'~'_~ ~~ ~ I f; ~q',1,°~ r' ~ S i r, ~ II ~f, ~~P ~ Y.~J ~R .~: 7. ~ y _ ~• ~i ~ ~ fig 7: Ir !{ r ' `° ~ ~ ~ ~ v./ <~ ~~ .--o' ~.Sr a w. ti„ I ~ ~ ` ! rr - a9' r c'~4 4 , r ~ ~ - ~~ i 35 ~ ,y/(y 1 i~~ Y ~ ~~ 4 _ C J 1 ii 444 _ p. ~ r. /, ~~$ r~.a ~ ~. ~\ ~ 71 aB' ea e --i N~ i Qry j ~ I ~ 1 ~ ~ r i `4 3 I ~' N ~ ~• } f~ l 3 f .py~ al ___ a_ T. g Li i ~' 4 3 ` ~ _ rrq»~pa`'~~ r r' "7. :e! ,°. ~~o:! t"- IIII,, ' ~ ~ ;a I a .:x r rr ~ l~y_' y~' '~ ~~ ~y~ to R. !~ ~C~ g~ ~'~~~ I ,3» ? ~ a ~ ~~ ~ ~S 5~ , i i a : -< ~. ,, ~ ~ ~. t°~N4 ~ I~ IS ~~ 5_g ~ a ~: ijjj -t ~ a g a !C ~ T, xs C n ~g ,. \ ~a~g~g~ r ~- E 3~.--_ w _.~ ~~I~: t ~ ppyp q -?~ k ~ j i a ~ c$ Iy e- ae L n19 1 ~ , t ~ r rl. r 1.1 1 rc~ 1 r~~8'~~ F r G/ ~ gg I t+' - ~+ i E a Fa.C` i J '~ 1 ~~ f •' ~:~~~ z ~ ` ;.~- _...,...~„ ; oy I' ~ a e ~~lY s~ g 'l ! 'i' ~ ,. ~, 7 r---~_ - ~!' ~ i. ~@9 I l~ 3 ~ I ' S 8~p~p S~~ r a I o L l J t : /~ ~ I4 i I C~ ~~k ~~ e ~.G.._ T c A f I .J a Y~ i• i 1 +i a . 1 ~ ~ ~ I ~ ~ ~~ . , ~ ~ ~- I ~ ~ I ~ tl g ~~~ ' a ~ `6V\ ~ I ~ I ~ ~~~°~ ~ ~ ~ ~ I ~ ~ ~ ~ ; , I .~~_~ _~s:,e axa r ! ~ i ! ~; i ~ - ~\ ) , ~ ~I of i ^. I I l-~rd5 ,., "`° \~ '.:. )~~. ! ~._ .r_~ 9b. lIr I I~ ! i 3 ~• I,a aya s• ie ~ g 3 _ nv.a~, i~ a t a I En 5„ I. :c ~ ~ ~a d ~ ! :u _-._ -_~_ Fen .dn e].._ ~ ~ I s ^ ~C59~~ ~~~' X~ , ~ li a ~~ ~ ~ I ~. ar ~q 75 aa~Y 3 y a ~ I' ~E~2 A: ~ i, Y deg ~og. YYE ~6 I e ~ a5ag a ' I i a7~ g eyy aY }': I -~ ~ a .. gng9[ 7. I at G 'R b5~3g' L K 9: I I i la' g~59g I ~ ~ Y' ~s5~ ~E~~§''t I~a a: I 1 a ~!` ?, ~ag~ rS - ~ ]a~H I I i y 51 Yti- ~y~ga;oa sa3 0~ v . rya ca ar 5e: ~ g:., ; ~! 11 I ~S~ I I-I~ ' K[ ~I I j o .~ i I'i c ~~3 t~ k L F ~j k y 2~j 1~ ! is g ce '~ ~,r~ ~{ 5+-.Dy~t,'g ~ j' ~~ ~~~ ~ ', .~+ .' Pi pp p9 a Y i I 1 I ` d'k1! i ~ ~, x c _~5 I i i ??qq g ~ t °•4. .- ! ' ~ W ~ F42~~I~I•ar4ai~Y~ ~"r rtyrd$. r ~ ~ ~ r ). ~~lJ~ll ~ ~ ~ ; . ~ ~ ~~e . 6 ~ ~'' ': ~ '~ If ~a~+PS 4t +d5_ a e s9. ,, ~ ,,.,: ! _ _.. ., ..__ ._.._ ... zp-~1. . and +`. s~e z. ~r ¢4a ^~°. ~__ - _.. _.__._.. _. _- ir. .. -_~_. L - _ _..... ___. .. _ _..._ w t ~. - ... _. _._ _ -° .-._ ._- .____.__. .r t )~ to _. _ ] .Marv Y f~ii ~ r a i ~ ~ :~~ 4 a.?3,r. ~aa~kca~:~5rx b~@.4 I 3 i n I' i . I =tl~ i. Project description: Proposed development of a 420,000 square foot headquarters office complex on 14.49 net acres of land, to include a Specific Plan/General Plan Amendment within the Hacienda Gateway portion of the Eastern Dublin Specific Plan/General Plan, a PD-Planned Development Rezoning, an SDR Plan, a Development Agreement and a Parcel Map. 2. Lead agency: City of Dublin 100 Civic Plaza Dublin CA 94588 3. Contact person: Jerry Haag/Bddie Peabody Jr., Dublin Planning Department (925) 833 6610 4. Project location: Northwest corner of Dublin Boulevard and Hacienda Drive 5. Project sponsor: Wilcox Development Services 5420 LBJ Freeway Suite 40 Dallas TX 75240 6. General Plan designations: High Density Residential 7. Zoning: PD-High Density Residential 8. Other public agency required approvals: Tentative and Final Parce] Map (City of Dublin) Grading and Building permits (City of Dublin) Master Sign Plan (City of Dublin) Sewer and water connections (DSRSD) Encroachment permits (City of Dublin) Notice of Intent (State Water Resources Control Board) City of Dublin Page 14 Initial Study/Sybase Headquarters March 2000 PA #99-062 Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "potentially significant impact" as indicated by the checklist on the following pages. X Aesthetics - Agricultural X Air Quality Resources Biological Resources X Cultural Resources X Geology/Soils Hazazds and Hydrology/Water X Land Use/ Planning X Hazardous Materials X Quality - Mineral Resources X Noise - Population/Housing X 'Public Services - Recreation X Transportation/ Circulation X Utilities/Service - Mandatory Findings S stems of Si nificance DetQrmin8tlon (to be completed by Lead Agency): On the basis of this initial evaluation: I find that the proposed project could not have a significant effect on the environment and a Negative Declaration will be prepared. X I find that although the proposed project could have a significant effect on the environment, there wil] not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A Negative Declaration will be prepared. _ I find that although the proposed project may have a significant effect on [he environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on earlier analysis as described on the attached sheets, if the effect is a "potentially significant impact" or "potentially significant unless mitigated." An Environmental Impact Report is required, but must only analyze the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case becatise al] potentially significant effects (a) have been analyzed adequately in an eazlier EIR pursuant [o applicable standazds, and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures thayaTe imposed on the proposed project. Signature: ~~ Date: 3 ~ ~ 1 t ,~ r - Printed Name: J~ P ~"'I For: 'I >~oC~ City of Dublin Page 15 Initial Study/Sybase Headquarters March 2000 PA #99-062 Evaluation of Environmental Impacts 1) A brief explanation is required for all answers except "no impact" answers that are adequately supported by the information sources a lead agency cites in the parenthesis following each question. A "no impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "no impact" answer should be explained where it is based on project-specific factors as well as general factors (e.g. the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take account of the whole action, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3) "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "potentially significant impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Potentially Significant Unless Mitigation Incorporated" implies elsewhere the incorporation of mitigation measures has reduced an effect from "potentially significant effect" to a "less than significant impact." The lead agency must describe the mitigation measures and briefly explain how they reduce the effect to a less than significant level. City of Dublin Page 16 Initial Study/Sybase Headquarters March 2000 PA #99-062 Environmental Impacts (Note: Source of determination listed in parenthesis. See listing of sources used to determine each potential impact at the end of the checklist) Note: A full discussion of each item is found following the checklist. I. Aesthetics. Would the project: a) Have a substantial adverse impact on a scenic vista? (Source: 2) b) Substantially damage scenic resources, including but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway? (Source: 2) c) Substantially degrade the existing visual character or quality of the site and its surroundings? (Source: 2, 6) d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? (Source: 2, 6) II. Agricultural Resources Would the project a) Convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance, as showing on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to anon-agricultural use? (Source: 2) b) Conflict with existing zoning for agriculture use, or a Williamson Act contract? (Source: 2) c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of farmland to anon-agricultural use? (Source: 2) III. Air Quality (Where available, the significance criteria established by the applicable air quality management district may be relied on to make the following determinations). Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? (Source: 2 ) b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? (Source: 2) Potentially Significant Impact Less Than Significant With Miti anon Less than Significant Impact No Impact X X X X - -~ X I I X X X X City of Dublin Initial Study/Sybase Headquarters PA #99-062 Page 17 March 2000 c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors? (Source:2 ) d) Expose sensitive receptors to substantial pollutant concentrations? (2) e) Create objectionable odors? (Source:2) IV. Biological Resources. Would the project a) Have a substantial adverse effect, either directly through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies or regulations, or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service? (Source:2) b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies or regulations or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service? (Source: 2) c) Have a substantial adverse impact on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to mazsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption or other means? (Source:2) d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (Source: 2) e) Conflict with any local policies or ordinances protecting biological resources, such as tree protection ordinances? (Source: 2) City of Dublin Initial Study/Sybase Headquarters PA #99-062 Potentially Significant Impact Less Than Significant With Mi[i a[ion Less than Significant Impact No Impact X X X X X I X I X ' X Page 16 March 2000 f) Conflict with the provision of an adopted Habitat Conservation Plan, Natural Community Conservation Plan or other approved local, regional or state habitat conservation plan? (Source: 2) V. Cultural Resources. Would the project a) Cause a substantial adverse impact in the significance of a historical resource as defined in Sec. 15064.5? (Source:2) b) Cause a substantial adverse change in the significance of an archeological resource pursuant to Sec. 15064.5 (Source: 4) c) Directly or indirectly destroy a unique paleontological resource or unique geologic feature? (Source: 2) d) Disturb any human remains, including those interred outside of a formal cemetery? (Source: 2) VI. Geology and Soils. Would the project a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: (Source:3) i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Fault Zoning Map issued by the State Geologist or based on other known evidence of a known fault ii) Strong seismic ground shaking iii) Seismic-related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? (Source 2,3) c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project and potentially result in on- and off-site landslide, lateral spreading, subsidence, liquefaction or collapse (Source: 2.3) d) Be located on expansive soil, as defined in Table 13-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? (Source: 3) City of Dublin Initial Study/Sybase Headquarters PA #99-062 Potentially Significant Impact Less Than Significant With Mi[i anon Less than Significant Impact No Impact X X X X X X X i X X X X X i X Page 19 March 2000 e) Have soils capable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers aze not available for the disposal of waste? (Source: 3) VII. Hazards and Hazardous Materials. Would the project: a) Create a significant hazazd to the public or the environment through the routine transport, use or disposal of hazardous materials (Source: 2, 7) b) Create a significant hazazd to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazazdous into the environment? (Source:2, 7 ) c) Emit hazardous emissions or handle hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? (Source: 2, 7) d) Be located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Sec. 65962.5 and, as a result, would it create a significant hazard to the public or [he environment? (Source: 2, 7) e) For a project located within an airport land use plan or, where such plan has not been adopted, would the project result in a safety hazard for people residing or working in the project area? (Source: 2, 7) f) For a project within the vicinity of private airstrip, would the project result in a safety hazard for people residing or working in the project area? (Source: 2, 7) g) Impair implementation of or physically interfere with the adopted emergency response plan or emergency evacuation plan? (Source: 2, 7) City of Dublin Initial Study/Sybase Headquarters PA #99-062 Potentially Significant Impact Less Than Significant With Miti anon Less than Significant Impact No Impact i X X X X X X X X ~ Page 20 March 2000 h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (Source: 2, 7) IX. Hydrology and Water Quality. Would the project: a) Violate any water quality standards or waste discharge requirements? (Source: 2) b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g. the production rate of existing neazby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted? (Source: 2) c) Substantially alter the existing drainage pattern of the site or area, including through the aeration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off- site? (Source: 7) d) Substantially alter the existing drainage pattern of the site or areas, including through the alteration of a course or stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? (Source: 2, 7) e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? (Source: 2, 7) f) Otherwise substantially degrade water quality? (2) g) Place housing within a 100-year flood hazard area as mapped on a Flood Hazard Boundar} or Flood Insurance Rate Map or other flood delineation map? (7) Potentially Significant Impact Less Than Significant With Mi[i anon Less than Significant Impact No Impact X X X X I X i X X X City of Dublin Page 21 Initial Study/Sybase Headquarters March 2000 PA #99-062 h) Place within a 100-year flood hazazd azea structures which impede or redirect flood flows? (7) i) Expose people or structures to a significant risk of loss, injury, and death involving flooding, including flooding as a result of the failure of a levee or dam? (7) j) Inundation by seiche, tsunami or mudflow? IX. Land Use and Planning. Would the project: a) Physically divide an established community? (Source: 1, 2) b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal plan, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (Source: 1, 6) c) Conflict with any applicable habitat conservation plan or natural community conservation plan? (1, 2, 7) X. Mineral Resources. Would the project a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? (Source: 2) b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general Plan, specific plan or other land use plan? (Source: 2) XI. Noise. Would the proposal result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the general plan or noise ordinance, or applicable standards of ..other agencies? (Source: 2) b) Exposure of persons or to generation of excessive groundborne vibration or groundborne noise levels? (Source: 2) c) A substantial permanent increase in ambient noise levels in the project vicinity above existing levels without the project? (Source: 2) Potentially Significant Impact Less Than Significant With Miti a[ion Less than Significant Impact No Impact X X X X i X X '~ X i X X X I _ I X City of Dublin Page 22 Initial Study/Sybase Headquarters March 2000 PA #99-062 d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels without the project? (Source: 2) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working n the project area to excessive noise levels ? (Source: 2, 6) f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (Source: 2, 6) XII. Population and Housing. Would the project a) Induce substantial population growth in an azea, either directly or indirectly (for example, through extension of roads or other infrastructure)? (Source: 2) b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? (]0) c) Displace substantial numbers of people, necessitating the replacement of housing elsewhere? (Source: 10) XIII. Public Services. Would the proposal: a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service rations, response times or other performance objectives for any of the public services? (2, 7) Fire protection? Police protection Schools Parks Other public facilities Potentially Significant Impact Less Than Significant Wi[h Miti a[ion Less than Significant Impact No Impact X X X ' __ X X i X I -- -- i I X X X X X City of Dublin Initial Study/Sybase Headquarters PA #99-062 Nage z:t March 2000 XIV. Recreation: a) Would the project increase the use of existing neighborhood or regional facilities such that substantial physical deterioration of the facility would occur or be accelerated (Source: 7) b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Source: 7) XV. Transportation and Traffic. Would the project.• a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e. result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads or congestion at intersections)? (4) b) Exceed, either individually or cumulatively, a level of service standard established by the County Congestion Management Agency for designated roads or highways?(4) c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (2, 4) d) Substantially increase hazards due to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses, such as farm equipment?(4) e) Result in inadequate emergency access? (4) f) Result in inadequate parking capacity? (7) g) Conflict with adopted policies, plans or programs supporting alternative transpoRation (such as bus turnouts and bicycle facilities) (7) City of Dublin Initial Study/Sybase Headquarters PA #99-062 Potentially Significant Impact Less Than Significant With Miti a[ion Less than Significant Impact No Impact X X X X II 1 X X X X X Page 24 March 2000 XVI. Utilities and Service Systems. Would the project a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (2) b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (2, 7) c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (7) d) Have sufficient water supplies available to serve the project from existing water entitlements and resources, or aze new or expanded entitlements needed? (2) e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the providers existing commitments? (2) f) Be served by a landfill with sufficient permitted capacity [o accommodate the project's solid waste disposal needs? (2) g) Comply with federal, state and local statutes and regulations related to solid waste? (2) XVI. Mandatory Findings of Significance. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number of or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Potentially Significant Impact Less Than Significant With Mi[i anon Less than Significant Impact No i Impact X X X X X I X X i X i _~ City of Dublin Initial Study/Sybase Headquarters PA #99-062 Page 25 March 2000 b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects and the effects of probable future projects). c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Potentially Significant Impact Less Than Significant With Mi[i a[ion Less than Significant Impact No Impact X i X Sources used to determine potential environmental impacts 1. Eastem Dublin Specific Plan/General Plan (1994) 2. Eastern Dublin Specific Plan/General Plan EIR (1994) 3 Geotechnical Investigation of the Sybase Property, Kleinfelder (February 2000) 4 Project Traffic Impact Analysis prepared by TJKM Associates (March 2000) 6. Site Visit 7. Discussion with City of Dublin staff or affected special districts 8. Other source XVII. Earlier Analyses Earlier analyses may be used where, pursuant [o the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Reference Section 15063 (c)(3)(d). a) Earlier analyses used. Identify earlier analyses and state where they are available for review. Portions of the environmental setting, project impacts and mitigation measures for this Initial Study refer to environmental information contained in the 1994 Eastem Dublin Specific Plan/General Plan Environmental Impact Report. (SCH 91103064). This document is referred to in this Initial Study as the "Eastern Dublin EIR." Copies of this document is available for public review at the City of Dublin Planning Department, 100 Civic Plaza, Dublin CA, during normal business hours. As part of the certification of the EIR, the Dublin City Council adopted a Statement of Overriding Considerations for the following impacts: cumulative traffic, extension of certain community facilities (natural gas, electric and telephone service), regional air quality, noise and visual. City of Dublin Page 26 Initial Study/Sybase Headquarters March 2000 PA #99-062 The certified EIR contains a large number of mitigation measures that will be applied to any development within the project area. Specific mitigation measures are noted in the text of the following Initial Study. City of Dublin Page 27 Initial Study/Sybase Headquarters March 2000 PA #99-062 Attachment to Initial Study Discussion of Checklist Legend PS: Potentially Significant LS/M: Less Than Significant After Mitigation LS: Less Than Significant Impact NI: No Impact I. Aesthetics Environmental Settine The project site is vacant and consists of generally flat land with a distinct bur gentle slope from north to south, towards the I-580 freeway. The Eastern Dublin EIR classifies the project site as "valley grasslands," which are located on the areas near I-580 in the south and southwest portion of Eastern Dublin. None of the major visual features identified in the Eastern Dublin EIR (hillsides and ridges or watercourses) exist on the project site. The project site is not located within a scenic corridor, which is adjacent to the I-580 freeway. Project Impacts and Mitigation Measures a) Have a substantial adverse impact on a scenic vista? LS. Approval and construction of the proposed project would convert an existing vacant site to an urban use specifically the construction of two 6-story offices, accessory buildings, parking and landscaping. This potential impact was addressed in the Eastern Dublin EIR (Impact 3.8C, Obscuring Natural Features and Impact 3.8F, Alteration of Visual Character of Flatlands) and it was determined that no mitigation measures would reduce this impact to ales-than-significant level. Therefore, the EIR concluded this impact would be a potentially significant irreversible change and a Statement of Overriding Considerations has been approved for this impact, therefore no additional discussion or analysis is necessary. b) Substantially damage scenic resources, including state scenic highway? NI. The project site is located approximately one-half mile north of the I-580 freeway, which is a state- designated scenic highway, nor is it located adjacent or near other local scenic routes, including Tassajara Road, Doolan Road, or Collier Canyon Road. and is therefore not within a scenic corridor. No impacts are therefore anticipated since the site is not located near an identified scenic corridor. c) Substantially degrade existing visual character or the quality of the site? LS. This impact was addressed in a Statement of Overriding Considerations in the ] 994 Eastern Dublin EIR. Therefore, this impact has been reduced to ales-than-significant level so no further analysis is required. d) Create light or glare? LS/M. Construction of the proposed project would increase the amount of light and glare due to new street lighting, parking lot lighting and building security lighting. In some instances, the additional lighting could result in negative aesthetic impacts through the "spill over" of unwanted lighting onto adjacent properties, streets and other areas that are not intended to be lighted. The following mitigation is City of Dublin Page 28 Initial Study/Sybase Headquarters March 2000 PA #99-062 therefore recommended to reduce spillover of lighting impacts to a level of less-than- significant. Similarly, extensive use of glass is proposed as one of the primary exterior materials for the two buildings. Depending on the type of glass used, potential glare could result onto adjacent sites and nearby roadways. Mitigation Measure 1 would also reduce potential glare impacts to a less-than-significant level. Mitigation Measure 1: Pole-mounted street lights shall be equipped with cut-off lenses and oriented down toward interior streets to minimize unwanted light and glaze spill over. Building security lighting and other lights shall be directed downward. All exterior glass panels shall be of non-glare manufacture. II. Agricultural Resources Environmental Settine The Eastern Dublin EIR notes that the site is an "approximate urbanized area" and is therefore not prime farmland. Based on information contained in the Eastern Dublin EIR (Figure 3.1-C), no portion of the site is encumbered with a Williamson Act Land Conservation Agreement contract. Project Impacts and Mitigation Measures a-c) Convert Prime Farmland, conflict with agricultural zoning or convert prime farmland to a non-agricultural use? NI. The site was previously used for governmental purposes and is not identified as prime farmlands in the Eastem Dublin EIR. No impacts are therefore anticipated with regard to prime farmland or loss of agricultural production. III. Air Quality Environmental Settine Dublin is located in the Tri-Valley Air Basin. Within the Basin, state and federal standards for nitrogen dioxide, sulfur dioxide and lead are met. Standards for other airborne pollutants, including ozone, carbon monoxide and suspended particulate matter (PM-10) are not met in at least a poRion of the Basin. Project Impacts and Mitigation Measures a) Would the project conflict or obstruct implementation of an air quality plan? LS. The proposed project would not conflict with the local Clean Air Plan adopted by the Bay Area Air Quality Management District, since the proposed amount of non-residential development have been included in Dublin's planned growth as part of Eastern Dublin Specific Plan/General Plan. Therefore, such impacts would be less-than-significant. b) Would the project violate any air quality standards? LS. Short-term construction impacts related to implementation of the project, including grading and excavation, could result in exceedances of air quality standards established by the Bay Area Air Quality Management District (Eastern Dublin EIR, Impacts 3.11/A and B). Adherence to Mitigation Measure 3.11/1.0 and Mitigation Measure 3.11/2.0 contained in the Eastern Dublin EIR will reduce short-term air quality impacts to aless-than-significant level. These mitigation measures minimize the creation of fugitive dust during grading and construction activities and also City of Dublin Page 29 Initial Study/Sybase Headquarters March 2000 PA #99-062 mandate that construction equipment be kept in proper running order. The Eastem Dublin EIR concludes that potential air quality impacts related to construction equipment could not be mitigated to aless-than-significant impact and a Statement of Overriding Considerations was adopted for this impact. Similarly, potential air quality impacts related to mobile source emissions of Reactive Organic Gasses and Nitrogen Oxide, both precursor indicators of smog, and stationary source emissions were found to exceed regional air quality standards even with mitigation measures, and were included in the Statement of Overriding Considerations (Eastem Dublin EIR Impacts 3.11/C and E). Since a Statement of Overriding Concerns was adopted for the previous EIR, such impacts would be considered less-than-significant for the purposes of this Initial Study. c) Would the project result in cumulatively considerable air pollutants? LS. The Eastern Dublin EIR identifies Mobile Source Emissions and Stationary Source Emissions as significant irreversible impacts. Generally such impacts are based on vehicular emission from future traffic within the sub-region as well as stationary sources. A Statement of Overriding Considerations was adopted for long-term impacts, therefore, no additional discussion or analysis is necessary. d,e) Expose sensitive receptors to significant pollutant concentrations or create objectionable odors? NI. Proposed land uses include campus offices, which are not considered as sensitive receptors. Therefore, no impact is anticipated with regard to potential impacts to sensitive receptors. IV. Biological Resources Environmental Settine The Eastern Dublin EIR indicates the biological character of the Sybase site is "ruderal field," which is defined a broad category of plant life closely related to man and consisting of native and alien elements which occupy disturbed habitats. Plant species typically consist of weeds, thistles, mustards and grasses. Plant diversity is considered low even though plant cover may be high. The Eastern Dublin EIR identifies no known wetlands on the site nor the presence of rare, threatened or endangered animal plant or animal species. Project Impacts and Mitigation Measures a) Have a substantial adverse impact on a candidate, sensitive, orspecial-status species? NI. Based on information contained in the Eastern Dublin EIR, no candidate, sensitive or special-status species exist on the site, so there would be no impact. b, c) Have a substantial adverse impact on riparian habitat or federally protected wetlands? NI. Based on information contained n the Eastern Dublin EIR, there are no wetlands or ripazian features on or adjacent to the project site. There would therefore be no impacts to wetlands or riparian habitats. d) Interfere with movement of native fish or wildlife species? NL The project site is substantially surrounded by urban development and was previously developed for governmental uses. There are no stream courses on or near the site that could be used as a City of Dublin Page 30 Initial Study/Sybase Headquarters March 2000 PA #99-062 wildlife migration corridor. Therefore, no impacts aze anticipated with regard to movement of fish or wildlife species. e, f) Conflict with local policies or ordinances protecting biological resources or any adopted Habitat Conservation Plans or Natural Community Conservation Plans? NI. No trees are present on the site, and there are no impacts with regard to local tree preservation ordinances or policies. The site is not located within the boundazies of any Habitat Conservation Plans. V. Cultural Resources Environmental Settine The Eastern Dublin area was surveyed in 1988 as part of the Eastern Dublin Specific Plan and associated EIR. Several potentially significant azcheological resources were identified in the project area, a number of which were located near the former Santa Rita Rehabilitation Center. Project Impacts and Mitigation Measures a) Cause substantial adverse change to significant historic resources? NI. The site is vacant and contains no historically significant resources. There would therefore be no impacts to historical resources. b, c) Cause a substantial adverse impact or destruction to archeological or paleontological resources? LS/M. The site is located near the former Santa Rita Rehabilitation Center site and development of the project could have an impact on subsurface archeological and/or palenotological resources. This would be a potentially significant impact. In the event that such resources are encountered, the following mitigation measure is recommended to reduce any potential impacts to archeological or paleontological impacts to a level of less- than-significance. Mitigation Measure 4: The possibility that undetected prehistoric archeological resources might exist on the property must be recognized and a contingency plan shall be developed in conformity with CEQA Guidelines Section 15064.5 to handle discoveries during project construction. In the event any prehistoric material is discovered, work shall be halted in the immediate vicinity of the site until a qualified archeologist inspects the discovery, and, if necessary, implements plans for further evaluative testing and/or retrieval of endangered materials. d) Disturb any human resources? LS/M. A remote possibility exists that human resources could be uncovered on the site during construction activities. Adherence to Mitigation Measure 4 would reduce such impacts to a level of less-than-significance. V. Geology and Soils [Note: Information for this section of the Initial Study is based on a geotechnical investigation of the site for the proposed project, prepared by Kleinfelder Associates, February 2000. A copy of this report can be reviewed at the Dublin Planning Department.] City of Dublin Page 31 Initial Study/Sybase Headquarters March 2000 PA #99-062 Environmental Settine This section of the Initial Study addresses seismic safety issues, topography and landform, drainage and erosion and potential impacts to localized soil types. Seismic The Sybase site is a part of the San Francisco Bay area, one of the most seismically active regions in nation. The Eastern Dublin EIR notes the presence of several nearby significant faults, including the Calaveras Fault, Greenville Fault, Haywazd Fault, and San Andreas Fault. The likelihood of a major seismic event on one or more of these faults within the near future is believed to be high. The project site is not part of a Special Studies Zone for faults as identified by the State of California, however, previous geotechnica] investigations of the area show inferred faults north of the site (identified as [he "Mocho Fault"). The Mocho Fault was mapped by the California Division of Mines and Geology in 1974 and was later evaluated as part of the Alquist-Priolo Special Studies Zone. As part of this evaluation it was concluded that the existence of the Mocho Fault was questionable and geomorphic features cou]d be caused by differential erosion. A second thrust fault system has been inferred in the Coast Ranges of the Bay Area that may be seisimically active. A belt of faults and folds has been mapped in sedimentary rocks south of Mount Diablo, including one identified as the "leading edge-blind thrust, Mount Diablo Domain." Further investigation of this inferred fault by Berlogaz Geologic Consultants has concluded that the risk of ground rupture from this inferred fault is low within the project area. Site Soils The site is underlain by poorly consolidated, non-marine deposit sedimentary rocks of the Tassajara Formation. Rocks consist of interbedded claystones, siltstone and occasional conglomerates. Bedrock is overlain by alluvial deposits of irregularly stratified, poorly consolidated deposits of clay, silt, sand and gravel derived mainly from erosion from nearby hills and deposition by ancient stream channels within the Amador Valley. Landform and Topography The site is part of a broad north-south trending plain known as the Livermore-Amador Valley. The site is relatively flat with the exception of a 30-foot wide, 6- to 7-foot high fill stockpile along the eastern end of the site parallel with Hacienda Drive. This material is believed this pile was placed on the site from grading operations on nearby sites. Existing elevations on the site range from 344 feet above sea level on the western portion of the site to 358 feet at the top of the stockpile on the eastem edge of the site. Drainage Existing drainage on the site is generally sheet flow in a north to south direction. Protect Impacts and Mit~ation Measures a) Expose people or structures to potential substantial adverse impacts, including loss, injury or death related to ground rupture, seismic ground shaking, ground failure, or landslides? LS. The site is subject to ground shaking caused by a number of regional faults identified above. Under moderate to severe seismic events which are probable in the Bay Area over the next 30 yeazs, buildings, utilities and other improvements constructed on the site would be subject to damage caused by ground shaking. City of Dublin Page 32 Initial Study/Sybase Headquarters March 2000 PA #99-062 Since the Sybase site is not located within an Alquist-Priolo Earthquake Safety Zone, the potential for ground rupture is anticipated to be minimal. Adherence to Mitigation Measures MM 3.6/1.0 through 8.0 contained in the Eastern Dublin EIR will ensure that new structures built on the site will comply with generally recognized seismic safety standards so that ground shaking impacts would be reduced to a level of less-than- signijicant. As part of the project, the site is proposed to be graded to remove the existing stockpile of stored material, to accommodate building pads, roads, parking areas and other development areas. Grading would also occur to improve and control site drainage. Mitigation Measures 3.6/17.0-26.0 have been adopted as part of the Eastern Dublin Specific Plan EIR to reduce potential impacts to slopes to a level of less-than-significant. These mitigation measures require the preparation of site-specific soils and geotechnical reports, minimizing grading on steep slopes and adherence to Uniform Building Code and other City requirements for grading. b) Is the site subject to substantial erosion and/or the loss of topsoil? LS. The Eastern Dublin EIR notes that an impact of constructing all of the land uses identified in the Eastern Dublin Specific Plan/General Plan would be an increase of erosion and sedimentation caused by grading activities. Mitigation Measures 3.6/27.0 and 3.6/28.0 requires that specific project developers prepare and implement interim erosion plans as part of grading impacts. With adherence to these mitigation measures, potential erosion impacts will be reduced to aless-than-signifcantlevel. c-d) Is the site located on soil that is unstable or expansive or result in potential lateral spreading, liquefaction, landslide or collapse? LS. Based on the Kleinfelder Geotechnical Report, the site can support the type of project envisioned by the applicant. The report also contains several specific soils-related and construction techniques that must be followed to assure compliance with the Uniform Building Code and other safety requirements Adherence to Mitigation Measures 3.6/14.0 through 16.0 contained in the Eastern Dublin EIR will also serve to reduce potential lateral spreading and related soil hazards impacts to proposed structures. e) Have soils incapable of supporting on-site septic tanks if sewers are not available? NI. The project developer has indicated that each dwelling would be connected to a sanitary sewer provided by Dublin San Ramon Services District. Therefore, no impact is anticipated with regard to septic tanks. VII. Hazards and Hazardous Materials Environmental Settine The site is vacant and currently contains no structures Previous use of the site was for a federal government installation, which may have involves the use or storage of potentially hazardous material. The Eastern Dublin Specific Plan/General Plan was amended in 1996 to add Policy 1 1- l, which requires that prior to issuance of building permits for sites in the Eastem Dublin area site-specific Phase One (and if necessary Phase Two) environmental site assessments shall be City of Dublin Page 33 Initial Study/Sybase Headquarters March 2000 PA #99-062 made available to the City of Dublin Community Development Director with appropriate documentation that all recommended remediation actions have been completed. Project Impacts and Mitigation Measures a-c) Create a significant hazard through transport of hazardous materials or release or emission of hazardous materials? LS. The proposed use of the site would include an office complex for ahigh-technology firm. Only minor and less-than-significant quantities of potentially hazardous materials would be associated with such uses. Materials would include normal and customary such as lawn chemicals, solvents and similaz items used for building and grounds maintenance. d) Is the site listed as a hazardous materials site? LS. The project developer is in the process of obtaining necessary environmental hazards site assessments required by Policy 11-1 of the Eastern Dublin Specific Plan/General Plan. With adherence to the requirements of this policy, there would be less-than-significant impacts regarding hazardous materials. e,f) Is the site located within an airport land use plan of a public airport or private airstrip? NI. The site is located northwesterly of the Livermore Municipal Airport but outside of any safety or referral zone for this airport. No impacts are therefore anticipated regarding airport safety issues. g) Interference with an emergency evacuation plan? NI. Adequate emergency access has been provided via proposed driveways on al] three adjoining streets. Due to the provision of adequate access, there would be no impact with regard to emergency evacuation plans. h) Expose people and structures to a significant risk of loss, injury or death involving wildland fires or where residences are intermixed with wildlands? NI. The project site is currently vacant field and is subject to grassland fires during the dry portions of the year. However, the long-term plan for the area is for urbanization. Development of the project site and surrounding area would include adding new water lines for firefighting purposes as well as new fire stations and personnel. No impacts are therefore anticipated. VIII. Hydrology and Water Quality Environmental Settine The project site is generally flat and contains no wetlands or riparian features. Site drainage is by sheet flow to the south, towards the I-580 freeway. The City of Dublin has completed a master drainage and hydrology study for the Eastern Dublin area. The Plan calls for the construction of both local and regional drainage improvements to accommodate increased levels of stotmwater runoff caused by adding increased quantities of impervious surfaces on the site, including buildings, parking lots, driveways and sidewalks. Stormwa[er from the Eastern Dublin area generally flows to [he south, under the I-580 freeway and into regional drainage facilities maintained by Alameda County Zone 7. The ultimate disposal of stormwater runoff is Alameda Creek that drains into San Francisco Bay. The drainage master plan also requires developers of individual projects to pay fees based on square footage of development to assist in funding both new facilities and upgrading of existing drainage facilities. City of Dublin Page 34 Initial Study/Sybase Headquarters March 2000 PA #99-062 According to information contained in the Soils, Geology and Seismicity chapter of the Eastern Dublin EIR, no portion of the site contains historic landslides or mudflows (See Figure 3.6-C). Project Impacts and Mitigation Measures a) Violate any water quality standards or waste discharge requirements? LS/M. Construction of improvements anticipated as part of the Sybase project would necessitate grading and overcovering of the soil in order to construct building pads, utility connections and similar features. The amount of grading is not known at this time, however, proposed grading is anticipated to increase the possibility of soil erosion into creeks and other bodies of water, on and off the project site. This could be a potentially significant impact. Mitigation Measure 5 will ensure that potential water quality impacts are reduced to a less-than- significant level. Mitigation Measure 5: The project developer shall prepaze a Stormwater Pollution Prevention Plan (SWPPP), listing Bes[ Management Practices to reduce construction and post-construction activities to a less than significant level. Measures may include, but shall not be limited to revegetation of graded areas, silt fencing and other measures. The SWPPP shall conform to standards adopted by the Regional Water Quality Control Boazd and City of Dublin and shall be approved by both agencies (as applicable) prior to issuance of grading permits: Specific development projects containing five acres or more aze also required to obtain a Notice of Intent from the State Water Resources Control Board prior to commencement of grading. b) Substantially deplete groundwater recharge areas or lowering of water table? LS. Although the currently vacant site would be converted to an urban use, this impact has been addressed in the Eastern Dublin EIR (Impact 3.5/Z) and Mitigation Measures 3.5/49.0 and 50.0 adopted as part of the EIR, so groundwater impacts would be reduced to a less -than- significantlevel and no further analysis is required. c) Substantially alter drainage patterns, including streambed courses such that substantial siltation or erosion would occur? LS. The Eastern Dublin Specific Plan EIR acknowledges that implementation of the Eastern Dublin Specific Plan would change existing natural drainage patterns on individual sites. In this instance, proposed changes would include grading and re-contouring much of the site and filling surface drainage swales with underground pipes and culverts to accommodate storm water runoff. The overall direction of stormwater flow in a southwesterly direction will not significantly change however. Based on preliminary hydrological information prepared by the applicant's engineer, the quantity and rate of stormwater flow from the site is consistent with the City's master drainage plan for Eastern Dublin so that potential impacts would be less-than-significant. d) Substantially alter drainage patterns or result in flooding, either on or off the project site? LS. Approval of the proposed Specific Plan/General Plan Amendment and construction of the office development not would significantly change drainage patterns within the site area. Existing surface drainage flows would be slightly altered due to anticipated site grading. Drainage would be routed through newly constructed underground pipes, culverts and similar facilities. A preliminary drainage plan has been submitted by the applicant, City of Dublin Page 35 Initial Study/Sybase Headquarters March 2000 PA #99-062 indicating that storm drain improvements would be constructed to connect with existing and planned drainage improvements within the Eastern Dublin area. This would be considered ales-than-significant impact. Similarly, the site lies above the 100-year flood elevation. e) Create stormwater runoff that would exceed the capacity of drainage systems or add substantial amounts of polluted runoff? LS. Construction of on-site improvements is anticipated to lead to greater quantities of storm water runoff. According to the Dublin Public Works Department, the amount of stormwater runoff anticipated to be generated from the site would be consistent with the approved Master Drainage Plan for the Eastern Dublin azea, so there would be less-than-significant impacts related to increases in stormwater runoff. f) Substantially degrade water quality? LS/M. Refer to the analysis and mitigation measure under "a," above. g) Place housing within a 100-year flood hazard area as mapped by a Flood Insurance Rate Map? NI. The proposed project does not include a housing component, so there would be no impacts with regard to placing housing within a 100-yeaz flood plain: h, i) Place within a 100-year flood hazard boundary structures that impeded or redirect flood flow, including dam failures? NI. The proposed project would not place housing within a 100-year flood hazard area, since the project includes proposed office construction. Since the project would be consistent with the Eastem Dublin Master Drainage Plan, there would be less-than-significant impacts regazding redirection of flood flows. j) Result in inundation by seiche, tsunami or mudflows? NL The site is not located near a major body of water that could result in a seiche, although seasonal wetlands have beer identified on the site. The risk of potential mudflow is considered low since no historic landslides or mudflows have been identified on the site (see Figure 3.6-c of the Eastern Dublin EIR). IX. Land Use and Planning Environmental Settine The project site is site is presently regulated by the Eastem Dublin Specific Plan/General Plan. A portion of the proposed project would include amending this Plan to relocate some of the residential dwelling units planned for this site to adjoining azeas so that the proposed office complex could be constructed. Refer to the Project Description for a discussion of both the requirements of the existing Specific Plan/General Plan and proposed amendments to the Plan. Project Impacts and Mitigation Measures a) Physically divide an established community? NI. The project is vacant and has been planned for residential uses since the original adoption of the Eastem Dublin Specific Plan/General Plan in 1994. Therefore there would be no disruption of any established community. City of Dublin Nage 36 Initial Study/Sybase Headquarters March 2000 PA #99-062 b) Conflict with any applicable [and use plan, policy or regulation? LS. The proposed project would be consistent with goals and policies contained in the Eastern Dublin Specific Plan/ General Plan. The extent of the proposed amendment includes relocating residential units from a portion of the project site to nearby azeas within the Tassajara Gateway sub-area of the Eastern Dublin Specific Plan/General Plan to allow for campus office development. At the same time, the 420,000 square feet that is proposed to be allocated to the Sybase project would be deleted from an adjacent area, so that there would be no net gain of development area. Less-than-significant impacts are therefore anticipated with regard to land use planning compatibility c) Conflict with a habitat conservation plan or natural community conservation plan? NI. No such plan has been adopted within the Eastern Dublin Specific Plan/General Plan area. There would therefore be no impact [o a habitat conservation plan or natural community conservation plan for the proposed project. X. Mineral Resources Environmental Settine The site contains no known mineral resources. Project Impacts and Mitigation Measures a, b) Result in the loss of availability of regionally or locally significant mineral resources? NI. The Eastern Dublin EIR does not indicate Chat significant deposits of minerals exist on the site, so no impacts would occur. XI. Noise Environmental Settin¢ Major sources of noise on and adjacent to the project site include distant noise generated by vehicles passing Eastern Dublin planning area on I-580, traffic sources on Tassajara Road and from aircraft flyovers. Based on Figure 3.10 B contained in the Eastern Dublin EIR, all or a portions of the project site would be subject to significant long-term noise exposure, defined as 60 decibels CNEL for exterior noise for residential land uses. Project Impacts and Mitigation Measures a) Would the project expose persons or generation of noise levels in excess of standards established by the General Plan or other applicable standard: LS. Construction of the proposed development project would result in incremental increases in long-term noise related to additional vehicular traffic related to the project. Since the proposed project does not include a residential component, there would be less-than-significant impacts related to increases in pet7rtanent noise levels. b) Exposure of people to excessive groundbome vibration or groundborne noise levels? LS. Approval of the Specific Plan/General Plan Amendment and implementation of the construction project would not result in long-term increases in groundborne vibration, since City of Dublin Page 37 Initial Study/Sybase Headquarters March 2000 PA #99-062 office uses would be constructed. Therefore, this impact would be considered less-than- significant. c) Substantial increases in permanent in ambient noise levels? LS. The Eastern Dublin EIR identified permanent noise impacts related to vehicular traffic increases as a unavoidable and unmitigatable impact. A Statement of Overriding Considerations was adopted for this impact by the City. Although a Specific Plan/General Plan Amendment has been requested as part of the project, the overall type of the project would not significantly change, only a reconfiguration of land uses. Since a Statement of Overriding Considerations was adopted for this impact, no further analysis is required on this topic. d) Substantial temporary or periodic increase in ambient noise levels in the project vicinit~~ above levels without the project? LS. Construction of the proposed office complex would increase short-term noise levels during the construction period for the project. Mitigation Measures 3.10/4.0 and 5.0 contained in the Eastern Dublin EIR would require individual project builders to prepare construction noise management plans to minimize noise as well as adhere to construction hour limitations. Therefore, short-term construction noise impacts would be considered less-than-significant. e, f) For a project located within an airport Land use plan, would the project expose people to excessive noise levels? NI. The project site would not be affected by Livermore Municipal Airport due to the fact that the airport is located approximately two miles southeasterly of the project. No impacts are therefore anticipated. XII. Population and Housing Environmental Settine Recent information regarding population and housing in Dublin has been published in Projections '98, published by the Association of Bay Area Governments (ABAG). According to ABAG, Dublin's population (including the sphere of influence) was 26,300 in 1995 and is projected to be 33,300 in 2000. By way of comparison, the State Depaztment of Finance has determined that Dublin's population was 28,707 as of January 1, 1999. The adopted Eastern Dublin Specific Plan/General Plan anticipates an ultimate population of 12,458 dwelling units in the Eastern Dublin planning area at full buildout of all land uses within the planning area. The Specific Plan/General Plan also calls for a maximum of 9,737,000 square feet of commercial, office and industrial uses at full buildout of the Plan. Project Impacts and Mitigation Measures a) Induce substantial population growth in an area, either directly or indirectly? LS. Approval of the proposed Amendment is substantially consistent with the existing, approved Eastern Dublin Specific Plan/General Plan. The proposed amendment to the Eastern Dublin Specific Plan/General Plan would reconfigure office and residential land uses to be more responsive to market demand. The potential to increase substantial population growth would be considered ales-than-significant impact. b,c) Would the project displace substantial numbers of existing housing units or people? NI. The site is vacant. Implementation of the proposed project would therefore displace neither City of Dublin Page 38 Initial Study/Sybase Headquarters March 2000 PA #99-062 housing units or people. No impacts are therefore anticipated in regard to population displacement. XIII. Public Services Environmental Set[ine • Fire Protection. Fire protection services are handled by the Alameda County Fire Department, which contracts with the City of Dublin for fire suppression, fire prevention, education, inspection services and hazardous material control to the community. • Police Protection: Police and security protection is provided by Alameda County Sheriff Department, which contracts to the City of Dublin for 24-hour security patrols throughout the community in addition to crime prevention, crime suppression and traffic safety. • Schools. The Dublin Unified School District (DUSD) provides educational services to the City of Dublin. • Maintenance. Maintenance of streets, roads and other governmental facilities are the responsibility of the City of Dublin Public Works Department. • Solid Waste Service: Livermore Dublin Disposal Company. Environmental Imnacts and Mitigation Measures a) Fire protection? LS. Construction of the proposed project would increase demand for fire and emergency services by increasing the amount of permanent daytime population on the site. This impact was previously addressed in the Eastern Dublin EIR. Features which would be incorporated into the project as part of existing City ordinances and development requirements and to assist in reducing impacts would include installation of on-site fire protection measures such as fire sprinklers, installation of new fire hydrants and meeting minimum fire flow requirements contained in the Uniform Building Code and Uniform Fire Code. The project developer must also adhere to Mitigation Measures 3.4/6.0-13.0 contained in the Eastern Dublin EIR. These mitigation measures relate to funding new fire facilities in eastern Dublin, ensuring adequate water supplies and pressure for fire suppression, and minimizing wildland fire hazards. With adherence to previously adopted mitigation measures and normal City requirements, impacts related to fire protection would be reduced to ales-than-significant level. b) Police protection? LS. Incremental increases in the demand for police service could be expected should the project be approved and future developments constructed. Impacts would generally include increases in commercial and auto burglary and theft. This increase in calls for service would be off-set through adherence to City of Dublin safety requirements from the Police Department, including the non-residential security ordinance. As a condition of project approval, the Dublin Police Department has requested the City of Dublin Page 39 Initial Study/Sybase Headquarters March 2000 PA #99-062 developer to prepare a Master Security Plan for the development to ensure that private on- site security programs are consistent with City Police Department operations. The project developer would also be required to adhere to Mitigation Measures 3.4/1.0-5.0 set forth in Eastern Dublin EIR. These measures deal with establishing funding mechanisms for additional police personnel and facilities and require the inclusion of security provisions into individual development projects. With adherence to previously adopted mitigation measures and normal City requirements, including preparation of a Master Security Plan, impacts related to police protection would be reduced to a less-than- significant level. c) Schools? LS. The proposed project involves the development of an office complex. Since this is anon-residential land use, minor and less-than-significant impacts are anticipated with regard to impacts to local schools. The project developer will be required to pay necessary per square foot fees to the Dublin Unified School District to off-set any indirect impacts that could result from secondary inducement of future employees moving into the District to work within the office complex. d) Maintenance of public facilities, including roads? LS. Approval of the project and construction of the follow-on development project would incrementally increase the long- term maintenance demand for roads and other public facilities. However, such additional maintenance demands will be offset by additional City fees and property tax revenues accruing to the City of Dublin. Less-than-significant impacts aze anticipated and no mitigation measures are needed. e) Solid waste generation? LS. Approval of the project and construction of the office complex would incrementally increase generation of solid waste. The Eastern Dublin EIR requires adherence to Mitigation Measures 3.4/37.0-40.0. These measures require the preparation of a solid waste management plan and assurances that adequate solid waste landfill capacity exists prior to approval of individual development projects. XIV. Recreation Environmental Settine The project site is currently vacant and contains no parks or other recreational amenities. Project Impacts and Mitigation Measures a) Would the project increase the use of existing neighborhood or regional parks? NI. The proposed General Plan Amendment/Specific Plan Amendment would not result in new residences being constructed within the Eastern Dublin area Therefore, no impact would result to neighborhood or regional park facilities. b) Does the project include recreational facilities or require the construction of recreational facilities? NI. The proposed project does not include residential development, so there would be no impact on recreational facilities or require the construction of new recreational facilities. City of Dublin Page 40 Initial Study/Sybase Headquarters March 2000 PA #99-062 XV. Transportation/Traffic [This section is based on a traffic analysis for the project prepazed by TJKlv1 Associates, Transportation Consultants, Mazch, 2000. The full text of the traffic analysis is on file in the City of Dublin Public Works Department.] Environmental Settine Existing Transportation Network The project site is served by a number of regional freeways and sub-regional arterial and collector roadways, including: Interstate 580, an eight-lane east-west freeway that connects Dublin with local cities such as Livermore and Tracy to the east and Oakland, San Francisco and other cities to the west. In the vicinity of the project. Interstate 580 carries between 169,000 and 187,000 vehicles per day. Interchanges near the project site include Dougherty/Hopyard Road, Hacienda Drive, Tassajara Road/Santa Rita Road and Fallon Road/El Chazro Road. Dougherty Road is a two-lane rural road with its northern section located in Contra Costa County. Dougherty Road has four lanes between the Alameda County/Contra Costa County border and Dublin Boulevard and six lanes between Dublin Boulevard and I-580. South of I-580, it continues with six lanes as Hopyard Road in Pleasanton. Average Daily Traffic is approximately 43,500 south of Dublin Boulevard. Dublin Boulevard is a major east-west arterial roadway in the City of Dublin. It contains four lanes largely fronted by retail and commercial uses west of Dougherty Road. Between Dougherty Road and Tassajara Road, Dublin Boulevard is a two-lane road with an exception between Hacienda Drive and Tassajara Creek, where it is a four lane road. Average Daily Traffic varies from approximately 29,300 vehicles east of San Ramon Road to 5,300 vehicles west of Tassajara Road. Hacienda Drive is an arterial designed to provide access to I-580. It contains six lanes south of I-580 and four lanes north of I-580, extending as far north as Dublin Boulevard. As part of the Santa Rita Business Center, Hacienda Drive has been extended northward to Gleason Drive as a three-lane roadway. Between I-580 and Dublin, the existing vehicle count is approximately 11,300. Arnold Road is a north-south two-lane road parallel to and west of Hacienda Drive. It currently connects Gleason Drive and existing Dublin Boulevazd (future Central Parkway). This road is being extended southward to Dublin Boulevard (ultimate alignment) The existing average daily traffic flow on Arnold Drive is approximately 3,500 vehicles per day. Gleason Drive is an east-west two-lane road pazallel to and north of Dublin Boulevard. It serves the Santa Rita Rehabilitation Center, Federal Correctional Institute and existing developments along Gleason Drive. Gleason Drive connects Tassajara Road with Amold Road and carries between 5,100 vehicles per day (west of Tassajara Road) to approximately 1,000 vehicles per day (west of Hacienda Drive). Portions of Gleason Drive are being widened to four lanes. City of Dublin ~ °~"' Initial Study/Sybase Headquarters March 2000 PA #99-062 Tassajara Road is a two-lane rural road connecting Santa Rita Road at I-580 to the south and continues north to the Town of Danville. North of Contra Costa County line, it is named Cameo Tassajara and is used primazily for local traffic in the Tassajaza Valley, with some through traffic. The average daily traffic volume on Tassajara Road is approximately 16,800 vehicles south of Dublin Boulevard, 9,900 vehicles per day between Dublin Boulevard and Gleason Drive and 7,500 vehicles per day north of Gleason Drive. This road is currently being widened to four lanes from I-580 to North Dublin Ranch Boulevard. Santa Rita Road is a six-lane divided urban arterial roadway from the I-580 interchange south to Valley Boulevard. It serves the east side of Pleasanton, including the Hacienda Business Park and provides access to downtown Pleasanton. Existing Intersection Operations The traffic analysis prepared by TJKM found that existing intersections neaz the project site currently operate at acceptable levels of service, defined by the Ci[y of Dublin as Level of Service "D" or better. This analysis included counts of existing traffic at major intersections near the proposed project as well as intersections throughout the Eastern Dublin area. Future Baseline Conditions To implement the transportation and circulation aspects of the Eastern Dublin Specific Plan/General Plan, the City of Dublin has undertaken a comprehensive program of transportation improvements in the community. The purpose of this program is to accommodate anticipated traffic from the Eastern Dublin area. Overall, the program includes upgrades to I-580 freeway intersections, construction of new roads and improvements to existing roads. The program is primarily funded by fees levied on new development in eastern Dublin. A summary of major components of the Transportation Improvement Program adopted by the City is as follows. A full description of improvements is contained in the traffic analysis. • Hacienda Drive extension • Tassajara Road widening • Dublin Boulevard widening • Central Parkway extension Future Baseline Intersection Operations The traffic impact analysis for this proposed project also analyzed the future baseline intersection operations with existing traffic, traffic from approved but not yet built or occupied development and traffic from other pending developments in the area. The traffic analysis included vazious mitigation measures which would be the responsibility of these other developments and which would be consistent with the City's Traffic Improvement Program, described above. With this future development in the eastern Dublin area and appropriate traffic improvements, the traffic analysis found that the operation of all study intersections could be maintained at LOS "D" or better. City of Dublin Page 42 Initial Study/Sybase Headquarters March 2000 PA #99-062 Project Impacts and Mitigation Measures a) Cause an increase in traffic which is substantial to existing traffic load and street capacity? LS/M. The traffic analysis, which analyzed the impacts of the Specific Plan/General Plan amendment and development of the Sybase office development, concludes that implementation of the proposed project would have a potentially significant impact with regard to anticipated traffic at project entrance driveways and other nearby intersections. Signal warrants for the intersection of Central Parkway/I-Iibernia Drive would be met to require the installation of a traffic signal at this intersection. The intersections of Arnold Road/Central Parkway and Hacienda Drive/Gleason Drive will require signalization to maintain safe traffic flow at these intersections due to increased peak hour turning volumes generated by the proposed project. Proposed project entrance intersections on Dublin Boulevard and on Central Parkway will require signalization to allow for safe left turn movements to and from the site. However with the mitigation measure listed below, impacts to local streets and nearby intersections would be reduced to ales-than-significant level with regard to traffic and transportation. With the traffic improvements being installed in the Eastern Dublin area and mitigation measures associated with future approved and pending developments, all study intersections near the Sybase site would operate at satisfactory LOS "D" or better conditions. Mitigation Measure 6: The project developer shall install traffic signals at the following intersections: • Central Pazkway/Hibernia Drive • Amold Road/Central Parkway • Hacienda Drive/Gleason Drive • Dublin Boulevazd/project entrance. • Central Parkway/project entrance b) Exceed, either individually or cumulatively, a LOS standard established by the County CMA for designated roads)? NI. Based on the information contained in the TJKM traffic analysis, all nearby intersections can be mitigated to Level of Service D or better, which exceeds the minimum Level of Service E established by the Alameda County Congestion Management Agency. Impacts to CMA-designated facilities would therefore be less-than- significant. c) Change in a change of air traffic patterns? NI. The proposed project would have no impact on air traffic patterns, since it involves office development. d) Substantially increase hazards due to a design feature or incompatible use? LS/M. Approval of the proposed Amendment and future construction under the auspices of the amended Specific Plan/General Plan would add new driveways, sidewalks and other vehiculaz and pedestrian travel ways where none currently exist. Increases in safety incidents would therefore occur due to the volume of vehicles and pedestrians using nearby roads and other circulation features. The TJKM traffic analysis identified potential on-site traffic and circulation issues which, unless modified, would be potentially significant. The City of Dublin Page 43 Initial Study/Sybase Headquarters March 2000 PA #99-062 following mitigation is therefore proposed to reduced on-site traffic safety issues to a less- than-significant level: Mitigation Measure 7: The following on-site transportation design changes shall be incorporated into the project: • The site plan should be redesigned to provide a cleaz distance of 30 feet between street intersections and intemal intersections or parking stalls on the site • The site plan should provide a minimum cleaz distance of 30 feet between any internal intersections and pazking stall son the site. • Islands or planters within parking areas shall be a minimum of 30 feet in length • "Stop" signs should be installed at the Hacienda Drive and Dublin Boulevazd access points for vehicles exiting the site at these locations. e) Result in inadequate emergency access? LS. The current need for emergency access is low, since there are no current residents or visitors on the site. Construction of the proposed office complex on the site would increase the need for emergency services and evacuation in the event of an emergency. If adequate access is not provided, excessive lengths of time would be needed for emergency vehicles to serve new development. Since the proposed site development plan indicates that driveways meeting City design requirements would be provided to Central Parkway, Dublin Boulevard and Hacienda Drive, potential impacts relating to inadequate emergency access would be less-than-significant . f) Inadequate parking capacity? LS/M. Parking for the proposed office complex would not comply with the minimum number of on-site parking spaces required by City's parking ordinance. Although bus stops are planned near the site to facilitate non-vehicular transportation modes there could still be a potentially significant impact with regard to accommodating future site workers and visitors. The following mitigation measure is therefore proposed to reduce potential parking impacts to aless-than-significant level. Mitigation Measure 8: Prior to issuance of a Certificate of Occupancy, the project developer shall prepare and have approved by the Director of Community Development a Transportation Demand Management (TDM) Plan designed to reduce the number of single occupancy vehicles using the project site. The TDM Plan shall include the following types of items: • Designation, through signing and striping, of preferential parking near buildings for carpoolers; • Use of a shuttle bus service to and from neazby BART stations; • Appointment of a rideshaze coordinator who shall promote use of alternative transit modes; • Use of flex time and telecommuting to reduce peak parking demand. g) Hazards or barriers for pedestrians or bicyclists? NI. The proposed Sybase development would include on-site bicycle parking as well as connections between proposed buildings and nearby streets. No impacts to pedestrian or bicycle access is therefore anticipated. City of Dublin ra Initial Study/Sybase Headquarters March PA #99-062 44 XVI. Utilities and Service Systems Environmental Settine The project site is served by the following service providers: Sewage treatment and local water supply: Dublin San Ramon Services District and Alameda County Flood Control and Water Conservation District, Zone 7. Regional water supply and distribution: Alameda County Flood Control and Water Conservation District, Zone 7. Storm drainage: City of Dublin/Alameda County Flood Control and Water Conservation District, Zone 7. Environmental Impacts and Mitigation Measures a) Exceed wastewater treatment requirements of the RWQCB? NI. The regional wastewater treatment plant is currently operating in compliance with local, state and federal water quality standards. The addition of wastewater flows from the project would not cause the plant to exceed such standards. Mitigation measures 3.5/1.0 through 22.0 contained in the eastern Dublin EIR deal with wastewater treatment collection, treatment and disposal. Adherence to these mitigation measures will reduce potential wastewater impacts of the project to a level of less-than-significance. b) Require new water or wastewater treatment facilities or expansion of existing facilities? LS. Existing water and sewer lines would need to be extended into the site from the west Such extensions have been planned as part of the East Dublin Specific Plan/General Plan and have been analyzed in the Eastern Dublin EIR. Less-than-significant impacts would therefore result. The project developer will also be required to conform with Mitigation Measures 2.5/24.0 through 43.0 contained in the Eastem Dublin EIR regarding water service. c) Require new storm drainage facilities? LS. The project developer has indicated that new on-site drainage facilities would be constructed as part of project construction. The City's Public Works Department has indicated that the proposed drainage system is generally acceptable and overall drainage from the site would be accommodated by existing or planned local and regional drainage facilities. Aless-than-significant impacts would therefore result. The project developer will also be required to adhere to Mitigation Measures 3.5/44.0 through 52.0 contained in the Eastern Dublin EIR regarding drainage. d) Are sufficient water supplies available? LS. Approval of the proposed project and implementation of new office space under the auspices of the Specific Plan/General Plan Amendment would result in an increased demand for water for domestic and irrigation purposes. This amount of increased water demand could be accommodated by DSRSD and Zone 7 facilities and long-term supplies. Recycled water would be supplied to the site for irrigation by DSRSD. The project developer would be required to provide any local extensions and connections to nearby facilities. This conclusion is based on information contained in the Eastern Dublin EIR. Less-than-significant impacts would therefore result. City of Dublin Page 45 Initial Study/Sybase Headquarters March 2000 PA #99-062 e) Adequate wastewater capacity to serve the proposed project? LS. Approval of the proposed Specific Plan/General Plan Amendment and construction of new offices space would increase the demand for wastewater treatment over present conditions. Presently, the site is vacant and there is no demand for wastewater treatment service. Based on information contained in the Eastern Dublin EIR, DSRSD has indicated that the local wastewater treatment plant has adequate capacity to serve the proposed project. Less-than-significant impacts aze therefore anticipated with regard to wastewater treatment. e, f) Solid waste disposal? LS. Construction of proposed office uses under the auspices of an approved Specific Plan AmendmenUGeneral Plan Amendment would incrementally increase generation of solid waste. Over the long term, the amount of solid waste reaching landfill would decrease as statewide regulations mandating increased recycling take effect. Information contained in the Eastern Dublin EIR indicates that the solid waste hauler can accommodate this project. Less-than-significant impacts are therefore anticipated with regard to solid waste disposal. The project developer must also adhere to Mitigation Measures 3.4/37.0 through 40.0 contained in the Eastern Dublin EIR regarding solid waste disposal. g) Comply with federal, state and local statutes and regulations related to solid waste? NI. The City of Dublin and the solid waste hauler would ensure that developers of individual projects constructed under the auspices of an amended Specific Plan and General Plan would adhere to federal, state and local solid waste regulations. XV. Mandatory Findings of Significance a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number of or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? No. The preceding analysis indicates that the proposed project will not have a significant adverse impact on overall environmental quality, including biological resources or cultural resources with the implementation of mitigation measures recommended in the Initial Study. b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects and the effects of probable future projects). No, although incremental increases in certain areas can be expected as a result of constructing this project, including additional traffic, air emissions, light and glaze, short term noise emissions, the project site lies within an area with an approved specific plan. c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? No. No such impacts have been discovered in the course of preparing this Initial Study. City of Dublin rage an Initial Study/Sybase Headquarters March 2000 PA #99-062 Initial Study Preparer Jerry Haag, Urban Planner Agencies and Organizations Consulted The following agencies and organizations were contacted in the course of this Initial Study: City of Dublin Eddie Peabody Jr., AICP, Community Development Director Kevin Van Katwyk, Senior Civil Engineer Ray Kuzbari, Traffic Engineer Kathleen "Kit" Faubion, Assistant City Attorney Rose Macian, Dublin Police Department Ed Laudini. Alameda County Fire Department Dublin San Ramon Services District Bruce Webb References Eastern Dublin Specific Plan/General Plan Environmental Impact Report, Wallace Roberts and Todd, 1994. Geotechnical Investigation Report, Proposed Svbase Corporate Headquarters, Kleinfelder,2000 Traffic Study for the Proposed Sybase Headquarters, TJKM Associates, 2000. City of Dublin Page 47 Initial Study/Sybase Headquarters March 2000 PA #99-062 City of Dublin Page 48 Initial Study/Sybase Headquarters March 2000 PA #99-062 GRAY OAVIS GOVprOQr STATE OF CAI IFORNIA BLSINE55 TRANSPORTATION AN IN A N Y DEPARTMENT OF TRANSPORTATION P O BOX 23660 OAKLAND, CA 96623-0fi60 Tel: (S,D, 266-44i4 Fa'c (570) 2865513 TOD (510) 2664454 April 13, 2000 Mr. Jerry Haag Planning Department City of Dublin 100 Civic Plaza Dublin, CA 94568 Dear Mr. Haag: _m ALA-580-18.82 File #ALA580626 Sybase Corporate Headquarters, PA #99-062 -Mitigated Negative Declaration Thank you for including the Ca]ifornia Department of Transportation (Caltrans) in the environmental review process for the above-referenced project. V/e have reviewed the Mitigated Negative Declaration for the Sybase Corporate Headquarters, and have the following comments to offer. At Caltrans we aze primarily concerned with impacts to the State Highway system, specifically Interstate 580 (I-580) in your community. The Environmental Checklist points to the possibility that the project will generate substantial additional vehicular movement. To adequately review this project's impacts, and to verify the conclusions reached in the Initial Study, we would like to request a copy of the traffic analysis by TJKM Associates that would include trip generation rates, distribution percentages, and assignment volumes. Information in the traffic analysis should be shown on traffic diagrarns that depict accurate circulation patterns and represent both local streets and all State ramps and intersections. AM and PM peek hour volumes and Average Daily Traffic (ADT) for weekdays and weekends would also be important, for both existing and projected traffic conditions. Please forwazd a copy of the traffic analysis to: Paul Svedersky Office of Transportation Planning B Caltrans, District 4 P.O. Box 23660 Oakland, CA 94623-0660 Should you require further information or have any questions regazding this letter, please call Paul Svedersky of my staff at (510) 622-1639. Sincerely, HARRY Y. YAHATA District Duector By AN C!R. FINNEY' District Branch Chief IGR/CEQA c: Katie ShuIIe, State Cleazinghouse EXHIBIT I ~ ~ 7 ~ ~ ~/~ ~" ~. California B°gional Water Quality'~'ontrol Board San Francisco Bay Region w'instoo H. Hickos Secretap~for Environmental Pro(ection ]ntcmd Add¢ss: http:Uwvnvsvrtcb.ca.gov 1515 Clay Stmt, Suite 1400, Oakland, California 94612 Phonc (510) 622-2300 • FAX (510) 6Z2-2460 Date: APR D 7 2000 Crap Dads Governor File Nos. 1538.09, 2198.09 (KHL) D ~~ ~~~t E Mr. Jerry Haag City of Dublin P.O. Box 2340 Dublin, CA 94568 ~',~uLl,j ~~ Re: PA #99-062, Sybase Corporate Headquarters, City of Dublin, Alameda County, Initial Study/Mitigated Negative Declaration. SCH #1991103064 Dear Mr. Haag: The Boazd has recently received the above-referenced draft CEQA document for the Sybase Corporate Headquarters project. Thank you for the opportunity to review it. As described in the document, the project would construct a maximum of 420,000 square feet of office space, approximately 1,200 spaces ofpazlting, and associated infrastructure, landscaping, and other uses on a 19 acre site. The project's landscaping would include a `main landscape feature' of approximately 1.4 acres in size (p.5). The site is located at the northwest comer of Hacienda Drive and Dublin Boulevard. Some previous CEQA review of this site was completed in 1994, as a part of the adoption by the City of Dublin of the Eastern Dublin Specific Plan and General Plan. The Eastern Dublin Plan area includes this site, and is comprised of 3,302 acres of land east of the central portion of Dublin and north of Interstate 580. As proposed, the project wiii have potentiaiiy signincani impacts to water quaiiry and beneifciai uses of waters of the State. These impacts will result from increases in urban runoff pollutants and changes in storm water runoff volume and timing associated with constructing the project and associated impervious surface on a presently undeveloped site. The Negative Declaration includes a mitigation measure to address these potentially significant impacts (Mitigation Measure 5, p.35). Mitigation Measure 5 states: The project developer shall prepare a Stotmwater Pollution Prevention Plan (SWPPP), listing Best Management Practices to reduce construction and post-construction activities to a less than significant level. Measures may include, but shall not be limited to revegetation of graded areas, silt fencing and other measures. The SWPPP shall conform to standards adopted by the Regional Water Quality Control Boazd and City of Dublin and shall be approved by both agencies (as applicable) prior to issuance of grading permits. California Environmental Protection Agency ea Rerycled Paper Mr. Jerry Haag Sybase Corporate Headquarters Negative Declaration p,2 SCH 1991103064 Specific development projects containing five acres or more aze also required to obtain a Notice of Intent from the State Water Resources Contro] Boazd prior to commencement of grading. The genera] language of the mitigation measure does not appear adequate to ensure mitigation o: the expected impacts, in particulaz because the measure does not provide additional guidance adequate to assist the City or project proponent with complying with this mitigation measure, and no other appropriate guidance relevant to this measure has been provided in the Negative Declazation. Based on the 70 eCt (lesCIl ~lOi7 and rG~OSed Slie ifiu ~` 10 ui..iu4ed i ; tlae i': egatlVE P j P P Y P ~• )--- Declaration, it appears that the project design will not adequately mitigate the project's impacts to water quality, as it appears that no storm water qua]ity design measures or treatment controls have been inc]uded in it. Further, it appeazs that approval of the project design, as it is presently proposed, will place the City of Dublin in violation of its NPDES municipal storm water permit. The City of Dublin is permitted under and complies with NPDES pemvt CAS0029831, the municipal storm water permit and associated Storm Water Manaeement Plan (SWMP), as a part of approving and conditioning new and redevelopment projects. As of February 19, 1998, the SWMP includes the following requirements: 1. Agencies will require public and private development projects to include site planning and design techniques to prevent and minimize impacts to water quality. These may include the fol]owing: a. Minimize land disturbance. b. Minimize impervious surfaces (e.g., roadway width), especially directly connected impervious azeas (DCIA). c. Use of clustering. d. Preservation of quality open space. e. Maintain (and/or restore, if possible) riparian areas and wet]ands as project amenities, establishing vegetation buffer zones to reduce runoff into waterways. 2. Each agency will require public and private development projects to include permanent stormwater quality controls, as appropriate, if sufficient site planning measures are not implemented or feasible. As I have discussed in my annual review meetings with City staff over the last two yeazs, no later than February 19, 1998, the City should have been and should now be requiring both design measures and permanent treatment controls in new and redeve]opment projects, including the subject project. At a minimum, to assist the City and project proponent with ensuring the project's compliance with Mitigation Measure 5, and to assist the City with complying with its NPDES storm water permit, we California Environmenta[Protection Agency ea Rerycled Paper Mr. Jerry Haag p.3 Sybase Corporate Headquarters Negative Declazation SCH 1991103064 recommend that the above performance standard be written into the Negative Declaration as a part of Mitigation Measure 5,'or otherwise explicitly referenced as a part of that mitigation measure. Additionally, the mitigation measure should require the project proponent to include in its SWPPP a description of operation and maintenance measures for its proposed post-construction storm water management practices and of how that operation and maintenance will be funded. Ideally, the mitigation measure would state the specific design measures and treatment controls that are proposed to be incorporated into the project. As a note, as Boazd staff have discussed with City staff, the use of storm drain inlet filters (e.g., Fossil Filters) as the sole means of meeting the above performance standazd is not acceptable, because it does not reflect the language in the performance standazd, and because of the limited ability of such filters to remove lice range ofpoL'utants fomrd in uitiWi : Arno ; gven typical operating conditions. The Alameda Countywide Clean Water Program has developed guidance for recommended or required treatment controls for new and redevelopment projects in general and especially for certain types of projects (e.g., gas stations). The Regional Board has provided genera] guidance in the April 1994 Staff Recommendatiot:s for New Development, and has also endorsed BASMAA's Start at the Source. Additional guidance includes the BASMAA BMP Fact Sheets, US EPA's Low Impact Design Development Strategies handbooks, and a variety of planning and design literature. The project will result in changes to the volume and timing of storm water runoff from the site. Such changes may result in increases in bed and bank instability, the loss of riparian vegetation and habitat, threats to existing structures, and changes in erosion and sedimentation in the creeks and arroyos downstream of the project site. Additionally, such changes may contribute to impacts that cumulatively cause such problems, as may be seen, for example, along portions of the Arroyo de la Lawna, to which this project drains. Mitigation for these impacts has not been included in the Negative Declazation, although it references a drainage plan for the Specific Plan area that w-as previously prepazed and which may address these potential impacts. The statement in Mitigation Measure 5 regazding compliance with the Statewide NPDES General Permit for Discharges of Storm Water Associate with Construction Activity should be reworded to make clearer the project proponent's responsibilities. We would suggest the following wording: Specific development projects of five acres or more, or less than five acres if the activity is part of a larger common plan of development, must obtain coverage of their project under the Statewide NPDES General Permit for Dischazges of Storm Water Associate with Construction Activity (permit). This coverage may be obtained by filing a Notice of Intent (NO)) and appropriate annual permit fee ($250 in the City of Dublin) with the State Water Resources Control Boazd (SWRCB) prior to commencement of grading, and subsequently complying with the terms and conditions of the permit. An NOI and copy of the permit are available at the SWRCB's web page, wwwswrcb.ca.gov. The proposed project is five acres or larger, and California Environmental Protection Agency :Aa Recycled Paper Mr. Jerry Haag Sybase Corporate Headquarters Negative Declaration p.4 SCH 1991103064 therefore the project proponent must obtain coverage for it under the permit prior to beginning grading. To assist permittees to comply with the permit, the Board.and the San Francisco Estuary Project have available several documents and videos, as described in the enclosed brochure. If you have any questions, please contact me via email to khl(o7rb2.swreb.ca.eov, or at (510) 622- 2380. Sincerely, / -~ Keith H. Lichten Water Resource Control Engineer Enclosure: "Construction Site Planning and Management Resources" brochure cc: Mr. Saied Aminian City of Dublin P.O. Box 2340 Dublin, CA 94568 Dale Bowyer, RWQCB California Environmental Protection Agency ~a Rerycled Paper