Loading...
HomeMy WebLinkAboutReso 199-13 Village at Dublin Retail Ctr SDR PM 8262 RESOLUTION NO. 199-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBIN * * * * * * * * * APPROVING SITE DEVELOPMENT REVIEW AND A VESTING TENTATIVE MAP FOR PARCEL 3 OF PARCEL MAP 8262 FOR THE VILLAGE AT DUBLIN RETAIL CENTER (APN 986-0033-007-00) PLPA-2012-00031 WHEREAS, the Applicant, Regency Centers, has submitted a Planning Application to construct a retail commercial center of up to 167,200 square feet on a vacant 14.32 acre site at 5054 Hacienda Drive. The proposal includes the approval of General Plan Amendments, Eastern Dublin Specific Plan Amendments, Zoning Ordinance Amendments, Rezoning properties to a new Planned Development Zoning District and approval of a related Stage 1 and Stage 2 Development Plan, Site Development Review, Vesting Tentative Map, and certification of a Final Supplemental Environmental Impact Report, among other related actions. These planning and implementing actions are collectively known as "The Village at Dublin Retail Center Project" or the "Project"; and WHEREAS, the project site is located within a Planned Development Zoning District; and WHEREAS, the Project Plans, attached as Exhibit A, illustrate the site layout and building elevations for approximately 152,500 square feet of retail commercial uses, which are permitted by the Eastern Dublin Specific Plan and General Plan, as amended; and WHEREAS, the Project Plans also illustrate the proposed subdivision of single 14.32 acre parcel into five separate parcels, ranging in size from 7,462 square feet (L 5) to 7.87 acres (Lot 1); and WHEREAS, the Site Development Review and Vesting Tentative Map appli ion collectively defines this "Project" and is available and on file in the Community Developme Department; and WHEREAS, in accordance with the California Environmental Quality Act certain projects are required to be reviewed for environmental impacts and when applicable, environmental documents prepared; and WHEREAS, a Staff Report was submitted recommending that the Planning Commission recommend approval to the City Council of project-related General Plan Amendments, Eastern Dublin Specific Plan Amendments, Zoning Ordinance Amendments, Rezoning properties to a new Planned Development Zoning District and approval of a related Stage 1 and Stage 2 Development Plan, Site Development Review, Vesting Tentative Map, and certification of a Final Supplemental Environmental Impact Report for The Village at Dublin Retail Center; and WHEREAS, on November 12, 2013, the Planning Commission adopted Resolution 13-37 recommending that the City Council certify the Final SEIR for the project, which Resolution is incorporated herein by reference and available for review at City Hall during normal business hours; and Page 1 of 26 WHEREAS, on November 12, 2013, the Planning Commission adopted Resolution 13-38 recommending that the City Council approve the proposed General Plan and Eastern Dublin Specific Plan amendments, which resolution is incorporated herein by reference and available for review at City Hall during normal business hours; and WHEREAS, on November 12, 2013, the Planning Commission adopted Resolution 13-39 recommending that the City Council approve Site Development Review and a Vesting Tentative Map for Parcel 3 of Parcel Map 8262 for The Village at Dublin Retail Center with associated findings and recommended Conditions of Approval, which resolution is incorporated herein by reference and available for review at City Hall during normal business hours; and WHEREAS, the City Council did hold a public hearing on said application on December 3, 2013 for this project, at which time all interested parties had the opportunity to be heard; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted recommending that the City Council approve the Site Development Review and Vesting Tentative Map application; and WHEREAS, the City Council did hear and use independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. WHEREAS, on December 3, 2013, the City Council adopted Resolution 197-13 certifying The Village at Dublin Final SEIR and adopting CEQA findings, a Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program for the Project; and WHEREAS, the City Council considered the Final SEIR and all above-referenced reports, recommendations, and testimony to evaluate the Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby make the following Site Development Review findings and determinations regarding The Village at Dublin Retail Center Project on approximately 14.32 acres at 5054 Hacienda Drive: A. The proposal is consistent with the purposes of Chapter 8.104 (Site Development Review) of the Zoning Ordinance, with the General Plan, and any applicable Specific Plans and design guidelines because: 1) The project provides an orderly, attractive and harmonious development compatible with the site's environmental conditions and with surrounding properties and neighborhoods. The development gives thoughtful consideration to building location, architectural and landscape design and theme, vehicular and pedestrian access and on-site circulation, parking and traffic impact. It complies with development regulations and the requirements of the zoning district, as required by Section 8.104.020.A of the Dublin Zoning Ordinance; 2) the project is utilizing traditional building forms with contemporary, high-quality materials and finishes in compliance with the design guidelines of the Eastern Dublin Specific Plan and Community Design and Sustainability Element of the General Plan; 3) the project will provide unique, varied, and distinct commercial opportunities, which will serve to activate the area and provide services to existing and future residents and workers in Page 2 of 26 the vicinity; 4) the proposed project will conform to the density, design, and allowable uses as stated in the Stage 2 Development Plan as required by Section 8.104.020.B of the Dublin Zoning Ordinance; 5) the project includes streetscape enhancements to complement those already in place; and 6) the project is consistent with the General Plan and Eastern Dublin Specific Plan, as amended. B. The proposal is consistent with the provisions of Title 8, Zoning Ordinance because: 1) The architecture and landscape design for the project provides an appropriate pedestrian scale with commercial retail uses, restaurants and the proposed layout of buildings, landscaping and parking are well-suited to the uses; 2) the overall design of the project is consistent with the design requirements of the Stage 1 and Stage 2 Development Plan; 3) the proposed project is consistent with the Eastern Dublin Specific Plan because the Plan states that regionally-oriented commercial uses should be located south of Dublin Boulevard and near freeway interchanges where convenient vehicular access will limit traffic impacts to the rest of Dublin and the retail center is intended to serve the community as well as the region; 4) the overall project, is consistent with the total development potential for the site as stated in the Stage 1 and Stage 2 Development Plan; 5) the proposed development is compatible with the General Plan Land Use designation of General Commercial/Campus Office (as amended) which allows for a retail and restaurant uses which the proposed project will achieve; and 6) the proposed project meets the intent of the Dublin General Plan which discourages projects that do not relate well to the surrounding developments and the proposed project is compatible with the surrounding neighborhood that includes office, residential, and commercial uses. C. The design of the project is appropriate to the City, the vicinity, surrounding properties, and the lot(s) in which the project is proposed because: 1) The architecture and landscape design for the project provides an appropriate pedestrian scale with commercial retail uses, restaurants and the proposed layout of buildings, landscaping and parking are well-suited to the uses; 2) the overall design of the project is consistent with the design requirements of the Stage 1 and Stage 2 Development Plan; 3) the proposed development is compatible with the General Plan Land Use designation of General Commercial/Campus Office (as amended) which allows for a retail and restaurant uses which the proposed project will achieve; and 4) the proposed project meets the intent of the Dublin General Plan which discourages projects that do not relate well to the surrounding developments and the proposed project is compatible with the surrounding neighborhood that includes office, residential, and commercial uses. D. The subject site is suitable for the type and intensity of the approved development because: 1) the project will provide the desired mix of retail stores, eating and drinking establishments, and associated uses that conform to the General Commercial/Campus Office land uses stipulated in the Dublin General Plan and the Eastern Dublin Specific Plan; 2) the project provides for its own infrastructure and required services and is designed to include sufficient vehicular and pedestrian access, with parking to support the uses; and 3) the proposed density of the site is consistent with the General Plan and Eastern Dublin Specific Plan (as amended). Page 3 of 26 v E. Impacts to existing slopes and topographic features are addressed because: 1) the project site is relatively flat; 2) the roadway and utility infrastructure to serve the site already exists, and 3) future approval of grading and improvement plans will enable the site to be modified to suit the project, which will be developed for the site in accordance with City policies and regulations. F. Architectural considerations including the character, scale and quality of the design, site layout, the architectural relationship with the site and other buildings, screening of unsightly uses, lighting, building materials and colors and similar elements result in a project that is harmonious with its surroundings and compatible with other developments in the vicinity because: 1) the architectural style and materials will be consistent and compatible with the contemporary architectural style, colors, and materials being utilized on other commercial projects in the City; 2) the project is utilizing traditional building forms with contemporary, high-quality materials and finishes in compliance with the design guidelines of the Eastern Dublin Specific Plan; 3) the size and scale of the development will be similar to other retail commercial shopping centers in the project vicinity; and 4) unsightly uses (e.g. loading docks, parking lots) shall be screened with appropriate materials that are architecturally compatible with the building design. G. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, and similar elements have been incorporated into the project to ensure visual relief, adequate screening and an attractive environment for the public because: 1) the Preliminary Landscape Plan for the project site emphasizes the creation of a comfortable pedestrian environment that will include eight-foot sidewalks along the main north-south drive aisle adorned with street trees and pedestrian-scaled lighting; 2) landscaping will be provided throughout the parking fields both at the front and rear of the project buildings; and 3) the project perimeter and interior landscaping is consistent with other commercial development in the vicinity and conforms ty o s to the requirements of the City's Water Efficient Landscape Ordinance. H. The site has been adequately designed to ensure the proper circulation for bicyclist, pedestrians, and automobiles because: 1) all infrastructure including driveways, pathways, sidewalks, and street lighting have been reviewed for conformance with City policies, regulations, and best practices and have been designed with multi- modal travel in mind; and 2) development of this project will conform to the major public improvements already installed allowing patrons the safe and efficient use of these facilities. BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby make the following Vesting Tentative Map findings and determinations regarding Vesting Tentative Map for Parcel 3 of PM 8262 for The Village at Dublin Retail Center Project: A. Vesting Tentative Map for Parcel 3 of PM 8262 is consistent with the intent of applicable subdivision regulations and related ordinances. Page 4 of 26 B. The design and improvements of Vesting Tentative Map for Parcel 3 of PM 8262 are consistent with the General Plan and Eastern Dublin Specific Plan objectives, polices, general land uses, and programs as they relate to the subject property in that it is the subdivision of one parcel into five parcels for the purposes of ownership, which is typical for this type of retail commercial shopping center development. C. Vesting Tentative Map for Parcel 3 of PM 8262 is consistent with the General Provisions and Development Standards for the Planned Development Zoning District for The Village at Dublin (PLPA-2012-00031), and therefore is consistent with the City of Dublin Zoning Ordinance. D. The project site is located adjacent to major roads, including Dublin Boulevard, Hacienda Drive, Martinelli Way, and Arnold Road, on approximately 14.32± acres of land. The topography of the property is generally flat. The site is physically suitable for the type and intensity of the proposed General Commercial/Campus Office development . E. The Vesting Tentative Map design and proposed types of improvements will not cause environmental damage or substantially injure fish or wildlife or their habitat or cause public health concerns because based on the analysis in the Final SEIR, all impacts to fish or wildlife or their habitats are less than significant or will be mitigated to less than significant with the adopted mitigation measures and the subdivision or improvements will not 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 map and title report and has not found any conflicting easements of this nature. BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby approve the Vesting Tentative Map and Site Development Review for The Village at Dublin Retail Center project, as shown on plans prepared by Johnson Lyman Architects, stamped received October 29, 2013, subject to the conditions included below. CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use, and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval. [PL.] Planning, [B] Building, [PO] Police, [PIN] Public Works [P&CS] Parks & Community Services, [ADM] Administration/City Attorney, [FIN] Finance, [F] Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health, [Z7] Zone 7. Page 5 of 27 x Nh� 1, Approval. This Site Development Review and PL Ongoing Planning Tentative Subdivision Map approval for The Village @ Dublin Retail Center project establishes the detailed design concepts and regulations for the project. Development pursuant to this Site Development Review/Tentative Subdivision Map approval generally shall conform to the project plans submitted by Johnson Lyman Architects and Cardno WRG (Civil Engineers) dated received October 29, 2013 and on file in the Community Development Department, and other plans, text, and diagrams — including the color and material board — relating to this Site Development ReviewNesting Tentative Map approval, unless modified by the Conditions of Approval contained herein. 2. Permit Expiration. Approval of this Site PL One year After DMC Development Review/Tentative Subdivision Map Effective Date 8.96.020. approval shall be valid for one (1) year from the D approval of the project by the City Council. This approval shall be null and void in the event the approved use fails to be established within the prescribed time. Commencement of the use means the establishment of use pursuant to the Permit approval or, demonstrating substantial progress toward commencing such use. If there is a dispute as to whether the Permit has expired, the City may hold a noticed public hearing to determine the matter. Such a determination may be processed concurrently with revocation proceedings in appropriate circumstances. If a Permit expires, a new application must be made and processed according to the requirements of this Ordinance. 3. Time Extension. The original approving decision- PL One Year DMC maker may, upon the Applicant's written request for Following 8.96.020. an extension of approval prior to expiration, upon the Expiration E determination that all Conditions of Approval remain Date adequate and all applicable findings of approval will continue to be met, grant an extension of the approval for a period not to exceed six (6) months. Subsequent six month extensions may be granted at the discretion of the Community Development Director. All time extension requests shall be noticed and a public hearing shall be held before the original hearing body. 4. Compliance. The Applicant/Property Owner shall PL On-going DMC operate this use in compliance with the Conditions of 8.96.020.F Approval of this Site Development Review, the approved plans and the regulations established in the Zoning Ordinance. Any violation of the terms or conditions specified may be subject to enforcement action. 5. Effective Date. This approval shall become effective PL Ongoing Planning on the effective date of the following entitlements : 1. Resolution amending the General Plan and the Page 6 of 26 ie r a „m Eastern Dublin Specific Plan for the project; and 2. Ordinance approving a Planned Development Rezone with a related Stage 1 and Stage 2 Development Plan for the project. If the above entitlements do not take effect, the SDR/Tentative Map approval is null and void. 6. Revocation of Permit. The Site Development PL On-going DMC Review/Tentative Subdivision Map approval shall be 8.96.020.1 revocable for cause in accordance with Section 8.96.020.1 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. 7. Requirements and Standard Conditions. The Various Building Permit Standard Applicant/ Developer shall comply with applicable City Issuance of Dublin Fire Prevention Bureau, Dublin Public Works Department, Dublin Building Department, Dublin Police Services, Alameda County Flood Control District Zone 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Department of Health Services requirements and standard conditions. Prior to issuance of building permits or the installation of any improvements related to this project, the Developer shall supply written statements from each such agency or department to the Planning Department, indicating that all applicable conditions required have been or will be met. 8. Required Permits. Developer shall obtain all permits PW Building Permit Standard required by other agencies includin g, but not limited to Issuance Alameda County Environmental Health, Alameda County Flood Control and Water Conservation District (Zone 7), California Department of Fish and Wildlife, Army Corps of Engineers, Regional Water Quality Control Board, Caltrans, or other regional/state agencies as required by law. Copies of the permits shall be provided to the Public Works Department. 9. Fees. Applicant/Developer shall pay all applicable Various Building Permit Various fees in effect at the time of building permit issuance, Issuance including, but not limited to, Planning fees, Building fees, Traffic Impact Fees, TVTC fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees, Fire Facilities Impact fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; or any other fee that may be adopted and applicable. 10. Indemnification. The Developer shall defend, ADM On-going Administra indemnify, and hold harmless the City of Dublin and its tion/ agents, officers, and employees from any claim, City action, or proceeding against the City of Dublin or its Attorney agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Page 7 of 26 - " .. { Zoning Administrator, or any other department, committee, or agency of the City to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that The Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying The Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. 11. Clarification of Conditions. In the event that there PW On-going Public needs to be clarification to the Conditions of Approval, Works the Community Development Director and the City Engineer have the authority to clarify the intent of these Conditions of Approval to the Developer without going to a public hearing. The Director of Community Development and the City Engineer also have the authority to make minor modifications to these conditions without going to a public hearing in order for the Applicant/Developer to fulfill needed improvements or mitigations resulting from impacts to this project. 12. Clean-up. The Applicant/Developer shall be PL On-going Planning responsible for clean-up and disposal of project related trash to maintain a safe, clean, and litter-free site. 13. Modifications. Modifications or changes to this Site PL On-going DMC Development Review/Tentative Subdivision Map 8.104 approval may be considered by the Community Development Director in compliance with Chapter 8.104 of the Zoning Ordinance and in compliance with the Subdivision Ordinance. 14. Archaeology. Should any prehistoric, cultural, or PL During Planning historic artifacts be exposed during excavation and Construction construction operations, the Department of Community Development shall be notified and work shall cease immediately until an archaeologist, who is certified by the Society of California Archaeology (SCA) or the Society of Professional Archaeology (SOPA), is consulted to evaluate the significance of the find and suggest appropriate mitigation measures, if deemed necessary, prior to resuming ground breaking construction activities. Standardized procedures for evaluating accidental finds and discovery of human remains shall be followed as prescribed in Sections 15064.5 and 15126.4 of the California Environmental Quality Act Guidelines. Compliance with this condition required throughout construction. .i .: + 15. Equipment Screening. All electrical equipment, fire PL Building Permit Planning risers, and/or mechanical equipment shall be Issuance screened from public view by landscaping and/or and architectural features. Any roof-mounted equipment Through shall be completely screened from adjacent street Completion/ view by materials architecturally compatible with the On-going Page 8 of 26 r. s..,a;.. ! u:��i+SXp�I�rcGCem r ... P •xm..„r.. P; r �m�lou whw:,inµ ,;.Y„k''(I ��u i�l`W .,; �'r,k s,�lil*�B building and to the satisfaction of the Community Development Director. The Building Permit plans shall show the location of all equipment and screening for review and approval by the Director of Community Development. 16. Truck Dock Screening. The truck dock shall be PL Building Permit Planning completely screened from adjacent street view by Issuance materials architecturally compatible with the building and and to the satisfaction of the Community Development Through Director. The Building Permit plans shall show Completion/ screening walls of sufficient height to screen a truck On-going parked in the dock. 17. Colors. The exterior paint colors of the buildings shall PL Occupancy Planning be in compliance with the Color and Material Board approved with the Project Plans. The Applicant shall paint small portions of the building the approved colors for review and approval by the Director of Community Development prior to painting the entire buildings, whose approval shall not be unreasonably withheld. 18. Approval of Design Details Prior to Full PL Building Permit Planning Installation. Details of the following site features and Issuance improvements shall be reviewed and approved by the Community Development Director prior to permit issuance: 1. Perimeter 4' metal lattice screening fence with pilasters. 2. Bicycle lockers. 3. Paving pattern, colors, material for pedestrian pathways through the parking lot. 4. Paving pattern, colors, material for crosswalks and internal drive-aisle intersection area. 5. Enclosures for outdoor dining/seating areas. 6. Construction and material details for trash enclosures. 7. Location and design of shopping cart corrals for grocery store. 19. Outdoor Furniture. Outdoor furniture (including PL Ongoing Planning tables and chairs for outdoor seating/eating areas) shall be suitable for all-weather conditions and made of high-quality, durable materials. Umbrellas shall have no more than two colors. Logos, or the name of the restaurant establishment, may be printed on the umbrella canvas, but logos for products sold are prohibited. 20. Outdoor Dining/Seating Areas. Outdoor PL Ongoing Planning dining/seating areas not shown on the Project Plans may be permitted through a Site Development Review Waiver. Outdoor dining/seating areas shown on the Project Plans do not need any additional review/approval except approval of any enclosure details. Outdoor dining/seating areas (including furniture and barriers/enclosures) shall be maintained in good condition at all times by the owners/operators Page 9 Of, 26 of the associated dining establishment or the retail center property management. 21. Master Sign Program. A Master Sign Program will PL Installation of Planning be reviewed and approved at the Staff-level for all any project- project-related signage including, but not limited to, related wall signs, monument signs, community identification signage signage, address signage, directional signage, parking signage, speed limit signage, retail tenant signage, and other signage deemed necessary by the City. The wall and monument signs shown in the Project Plans are for illustrative purposes only and the full details of the sign sizes, materials, and construction shall be shown in the separate sign package. 22. Construction Trailer. The Applicant/Developer shall PL Establishment Planning obtain a Temporary Use Permit prior to the of the establishment of any construction trailer, storage temporary use shed, or container units on the project site. 23. Final Building and Site Improvement Plans shall be PL Issuance of Planning reviewed and approved by the Community Building Development Department staff prior to the issuance of Permits a building permit. All such plans shall insure: a. That standard non-residential security requirements as established by the Dublin Police Department are provided. b. That ramps, special parking spaces, signing, and other appropriate physical features for the disabled, are provided throughout the site for all publicly used facilities. c. That continuous concrete curbing is provided for all parking stalls, if necessary. d. That exterior lighting of the building and site is not directed onto adjacent properties and the light source is shielded from direct offsite viewing. e. That all mechanical equipment, including air conditioning condensers, are architecturally screened from view, and that electrical transformers are either underground, architecturally screened, or screened by landscape of an adequate size. Electrical and gas meters shall be screened to the greatest degree possible. f. That all vents, gutters, downspouts, flashings, etc., are painted to match the color of adjacent surface. g. That all materials and colors are to be as approved by the Dublin Community Development Department. Once constructed or installed, all improvements are to be maintained in accordance with the approved plans. Any changes, which affect the exterior character, shall be resubmitted to the Dublin Community Development Page 10 of 26 „ Department for approval. h. That all exterior architectural elements visible from view and not detailed on the plans be finished in a style and in materials in harmony with the exterior of the building. All materials shall wrap to the inside corners and terminate at a perpendicular wall plane. i. That all other public agencies that require review of the project are supplied with copies of the final building and site plans and that compliance is obtained with at least their minimum Code requirements. 24. Soft Building Materials. No Soft Foam or EIFS-type PL Building Permit Planning material may be installed on walls within 6 feet from Issuance/ the earth or paved areas. On-going 25. Mitigation Monitoring Program. The Applicant/ PL On-going Planning Developer shall comply with The Village Final Supplemental Environmental Impact Report (EIR) certified by City Council Resolution xx-xx, including all mitigation measures, action programs, and implementation measures contained therein. The EIR is on file with the Community Development De•artment. 26. Final Landscape and Irrigation Plans. Final PL Landscape DMC landscape plans, including utility and tree coordination plan approval 8.72.030 plans, layout plans, irrigation system plans, planting and installation plans, and guarantees, shall be reviewed and approved by the City Engineer and the Community Development Director prior to the issuance of the building permit. Plans shall be generally consistent with the layout of the Preliminary Landscape drawings included in the Project Plan Set prepared by Thomas Baak & Associates, received by the Planning Division on October 28, 2013, except as modified by the Conditions listed below or as required by the Community Development Director to address specific site constraints or conditions. At the Final Landscape Plan stage, the tree and plant material selections shall be reviewed in detail as the areas of the site needed for bioretention/water quality are finalized through the development of detailed Site Improvement Plans. Particular attention shall be paid to ensuring that plant material shown in bioretention areas are well-suited for those soil conditions. Alternative species shall be considered to ensure compatibility with the contemporary look and feel of the building architecture and overall design aesthetic. The landscape design scheme around the corner monument at Dublin Blvd. and Hacienda Drive The Final Landscape Plans shall ensure: a. That plant material is utilized which will be capable of healthy growth within the given range Page 11 of 26 5' �6 of soil and climate. b. That proposed landscape screening is of a height and density so that it provides a positive visual impact within three years from the time of planting. c. All trees that are on the perimeter of the project site and along the main north-south drive aisle shall be 24" box minimum, with at least 30% at 36" box or greater. Other trees located throughout the parking lot and the project site shall be 15 gallon and 24" box. All shrubs shall be 5 gallon minimum. All groundcover shall be 1 gallon in size. These standards shall be met unless a superior design concept is proposed by the Applicant and accepted by the City. d. e. That concrete curbing is to be used at the edges of all planters and paving surfaces where applicable. f. That all cut and fill slopes conform to the Tentative map and conditions detailed in the Site Development Review plan set. g. That a guarantee from the owners or contractors shall be required guaranteeing all shrubs and ground cover, all trees, and the irrigation system for one year. h. That a permanent maintenance agreement on all landscaping will be required from the owner insuring regular irrigation, fertilization and weed abatement, if applicable. i. The Layout Plan shall illustrate the design of all hardscape elements including walls, fences, gates, light locations, at grade or above grade utility boxes and vaults, walkways and decorative pavement. j. The Irrigation Plan shall utilize low flow, durable, irrigation equipment and the design shall comply with Water Efficient Landscape Ordinance (WELO) requirements. k. Construction details of raised planters, walkways, paths, benches, walls, fences and other architectural features as appropriate to the project. I. All pole light locations shall be coordinated with the placement of trees to eliminate conflicts between the trees and lights and so that the light is not blocked by the growth of the trees. 27. Landscaping at Street/Drive Aisle Intersections. PL Ongoing Planning Landscaping shall not obstruct the sight distance of motorists, pedestrians or bicyclists. Except for trees, landscaping (and/or landscape structures such as walls) at drive aisle intersections shall not be taller than 30 inches above the curb. Landscaping shall be kept at a minimum height and fullness giving patrol Page 12 of 26 � le `, ,r✓ P s' £fit,l officers and the general public surveillance capabilities of the area. 28. Plant Clearances. All trees planted shall meet the PL Landscape Planning following clearances: plan approval a. 6'from the face of building walls or roof eaves. and installation b. 7' from fire hydrants, storm drains, sanitary sewers and/or gas lines. c. 5'from top of wing of driveways, mailboxes, water, telephone and/or electrical mains d. 15' from stop signs, street or curb sign returns. e. 15'from either side of street lights. 29. Lighting. The Applicant/Developer shall prepare a PL, PW, PO Building Permit Planning photometric plan to the reasonable satisfaction of the Issuance City Engineer, Director of Community Development, the City's Consulting Landscape Architect and Dublin Police Services. The photometric plan shall show lighting levels which takes into consideration poles, low walls and other obstructions. Exterior lighting shall be provided within the surface parking lot and on the building, and shall be of a design and placement so as not to cause glare onto adjoining properties, businesses or to vehicular traffic. Lighting used after daylight hours shall be adequate to provide for security needs. The parking lot lights shall be designed to eliminate any pockets of high and low illuminated areas. Prior to Occupancy, the Applicant shall request an inspection of the lighting levels in the structure to determine if lighting is sufficient. If additional lights are required to be installed to meet the 1.0 foot-candle requirement, the Applicant shall do so prior to Occupancy. 30. Landscaping. Applicant/Developer shall construct all PL, PW Landscape Planning/ landscaping within the site and along the project plan approval Public frontage to the street curb and gutter. and installation Works 31. Backflow Prevention Devices. The Landscape Plan PL, PW, F Landscape Planning shall show the location of all backflow prevention plan approval devises. The location and screening of the backflow and installation prevention devices shall be reviewed and approved by City staff. 32. Root Barriers and Tree Staking. The landscape PL, PW Landscape Planning plans shall provide details showing root barriers and plan approval tree staking will be installed which meet current City and installation specifications. 33. Water Efficient Landscaping Ordinance. The PL Landscape DMC 8.88 Applicant/ Developer shall submit written plan approval documentation to the Public Works Department (in the and installation form of a Landscape Documentation Package and other required documents) that the development conforms to the City's Water Efficient Landscaping Ordinance. 34. Building Codes issues to address in Permit Issuance of Submittal: Building 1. Exterior door protection is required by Permit(s) and 5.407.2.2.1 of the Cal Green Building approval of the Page 13 of 26 . .. +. � Standards. Final Map 2. Roof Solar Zones are required to be shown per 110.10 Ca Energy Code. 3. Provision of accessible parking will need to meet the 2013 CBC standards. A reciprocal parking agreement will be needed to ensure that accessible stalls are available across parcels. 4. Provide location of long term and short term bike parking. Provide calculations for the breakdown of each type. Provided distance from short-term bike parking to normal customer entrances. See 5.106.4 CA Green Building Standards Code. 5. Acoustical Control methods shall be shown on the plans in accordance with Section 5.507 of the Cal Green Code 35. Construction trailer. If necessary due to the size B Issuance of Building and nature of the project, the Applicant/Developer Building shall accommodate space on the project site for City Permit(s) inspection personnel. The Building Official shall determine how this shall be provided, but the accommodation could be the provision of a dedicated office in the job site trailer or, under unusual circumstances, it could be the provision of a separate construction trailer with electrical hookups for the City's use. 36. Building Codes and Ordinances. All project B Through Building construction shall conform to all building codes and Completion ordinances in effect at the time of building permit. 37. 60-Foot No Build Covenant. Pursuant to Dublin B Issuance of Building Municipal Code Section 7.32.130, the owner shall file Building with the Building Official a Covenant and Agreement Permits and Regarding Maintenance of Yards for an Oversized Ongoing Building binding such owner, his heirs, and assignees, to set aside a 60-foot required yard as unobstructed space having no improvements. Alternatively, the 60- foot no-build easement shall be shown on the Tentative Subdivision Map. After execution by the owner and Building Official, such covenant shall be recorded in the Alameda County Recorder's Office, and shall continue in effect so long as an oversized building remains or unless otherwise released by authority of the Building Official. 38. HVAC Systems. Air conditioning units and ventilation PL, B Occupancy of Building ducts shall be screened from adjacent street view with any tenant materials compatible to the main building. Units shall space be permanently installed on concrete pads or other non-movable materials to be approved by the Building Official and Director of Community Development. 39. Building Permits. To apply for building permits, B Issuance of Building Applicant/Developer shall submit five (5) sets of Building construction plans to the Building & Safety Division for Permits plan check. Each set of plans shall have attached an Page 14 of 26 annotated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participation non-City agencies prior to the issuance of building permits. 40. Construction Drawings. Construction plans shall be B Issuance of Building fully dimensioned (including building elevations) Building accurately drawn (depicting all existing and proposed Permits conditions on site), and prepared and signed by a California licensed Architect or Engineer. All structural calculations shall be prepared and signed by a California licensed Architect or Engineer. The site plan, landscape plan and details shall be consistent with each other. 41. Addressing. Address will be required on all doors B Occupancy of Building leading to the exterior of the building. Address any building numbers/letters shall be in a contrasting color to the and ongoing surface on which they are applied and be able to be seen from the street, 4 inches in height minimum. 42. Phased Occupancy. If occupancy is requested to B, PL Occupancy of Building occur in phases, then all physical improvements within any affected each phase shall be required to be completed prior to building occupancy of any buildings within that phase except for items specifically excluded in an approved Phased Occupancy Plan, or minor handwork items, approved by the Department of Community Development. The Phased Occupancy Plan shall be submitted to the Directors of Community Development and Public Works for review and approval a minimum of 45 days prior to the request for occupancy of any building covered by said Phased Occupancy Plan. Any phasing shall provide for adequate vehicular access to all parcels in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. No individual building shall be occupied until the adjoining area is finished, safe, accessible, and provided with all reasonable expected services and amenities, and separated from remaining additional construction activity. Subject to approval of the Director of Community Development, the completion of landscaping may be deferred due to inclement weather with the posting of a bond for the value of the deferred landscaping and associated improvements. 43. Engineer Observation. A Special Inspector shall be B Frame Building retained to provide observation services for all Inspection components of the lateral and vertical design of the building, including nailing, hold-downs, straps, shear, roof diaphragm and structural frame of building. A written report shall be submitted to the City Inspector prior to scheduling the final frame inspection. 44. Foundation. Geotechnical Engineer for the soils B Issuance of Building report shall review and approve the foundation design. Building Page 15 of 26 99 E1 Pi ;:. ..gyps A letter shall be submitted to the Building Division on Permits the approval. 45. Green Building Guidelines. The Green Building B Through Building checklist shall be included in the master plans. The Completion checklist shall detail what Green Points are being obtained and where the information is found within the master plans. (Prior to first permit). Prior to each permit final, the project shall submit a completed checklist with appropriate verification that all Green Points required by 7.94 of the Dublin Municipal Code have been incorporated. 46. Cool Roofs. Flat roof areas shall have their roofing B Through Building material (including gravel) coated or painted with light Completion colored or reflective material designed for Cool Roofs. 47. Electronic File. The Applicant/Developer shall submit B Prior to First Building all building drawings and specifications for this project and Final in an electronic format to the satisfaction of the Inspection Building Official prior to the issuance of building permits. Additionally, all revisions made to the building plans during the project shall be incorporated into an "As Built" electronic file and submitted prior to the issuance of the final occupancy. 48. Copies of Approved Plans. Applicant shall provide B 30 days After Building City with 4 reduced (1/2 size) copies of the approved Permit and plan. Each Revision Issuance 49. Construction Fencing. Temporary Construction B Beginning of Building fencing shall be installed along perimeter of all work work onsite under construction. 50. Code compliance. The Applicant/Developer shall F During Fire comply with all applicable Fire and Building Codes in Construction effect at the time of building permit application. 51. Fire hydrants. Fire hydrants shall be installed F Occupancy Fire throughout the project and along the project streets as required by the Fire Department and 2010 California Fire Code. All fire hydrants and FDCs shall be noted on the site plan. 52. Driveway Modifications. Access onto the project F Approval of Fire site from all public streets may need minor Improvement modifications to meet Fire Department access Plans re.uirements. 53. Clarifications and Changes to the Conditions. In PW Approval of Public the event that there needs to be clarification to these Improvement Works Conditions of Approval, the Directors of Community Plans Development and Public Works have the authority to clarify the intent of these Conditions of Approval to the Applicant/Developer by a written document signed by the Directors of Community Development and Public Works and placed in the project file. The Directors also have the authority to make minor modifications to these conditions without going to a public hearing in order for the Applicant to fulfill needed improvements or mitigations resulting from impacts of this project. Page 16 of 26 54. Compliance. The Applicant/Developer shall comply PW On-going Public with the City of Dublin Zoning and Grading Works Ordinances, the City of Dublin Public Works Standards and Policies, and all building and fire codes and ordinances in effect at the time of building permit. 55. Wells or Exploratory Boring. Any water well, PW Through Public cathodic protection well, or exploratory boring on the Completion Works project property must be properly abandoned, backfilled, or maintained in accordance with applicable groundwater protection ordinances. For additional information contact Alameda County Flood Control, Zone 7. 56. Encroachment Permit. An encroachment permit from PW On-going Public the Public Works Department may be required for any Works work done within the public right-of-way even if covered under an Improvement Agreement. 57. Easement Abandonment. The Applicant/Developer PW Issuance of Public shall obtain abandonment from all applicable public Grading/ Works agencies of existing easements and right of ways that Sitework will no longer be used. Permit 58. Easements. The Applicant/Developer shall acquire PW Issuance of Public easements, and/or obtain rights-of-entry from the Grading/ Works adjacent property owners for any improvements on Sitework their property. The easements and/or rights-of-entry Permit shall be in writing and copies furnished to the City Engineer. 59. Easements. Ingress and egress easements, PW Issuance of Public emergency vehicle access easements, private storm Grading/ Works drainage easements, private water line easements, Sitework private sanitary sewer easements and joint use Permit parking easements will be required as and to the extent needed, between lots. The easement geometry shall be subject to the approval of the City Engineer 60. Grading Plan. The Grading Plan shall be in PW Issuance of Public conformance with the recommendations of the Grading/ Works Geotechnical Report, the approved Tentative Map, Sitework and the City design standards & ordinances. In case Permit of conflict between the soil engineer's recommendations and City ordinances, the City Engineer shall determine which shall apply. 61. Public Improvements. All public improvements shall PW Issuance of Public conform to the City of Dublin Standard Plans and Grading/ Works design requirements and as approved by the City Sitework Engineer. Permit 62. Water and Sewer Facilities. Applicant/Developer PW Issuance of Public shall construct all potable and recycled water and Grading/ Works sanitary sewer facilities required to serve the project in Sitework accordance with DSRSD master plans, standards, Permit specifications and requirements. 63. Fire Hydrant locations. Fire hydrant locations shall PW Issuance of Public be approved by the Alameda County Fire Department. Grading/ Works Sitework Page 17 of 26 Permit 64. Street Signs. The Applicant/Developer shall furnish PW Occupancy Public and install street name signs, and traffic signs & Works marking for the project as required by the City Engineer. 65. Underground Utilities. All public utilities shall be PW Occupancy Public located and provided within public utility easements Works and sized to meet utility company standards. 66. Utility Vaults. To the maximum extent practicable, all PL, PW Issuance of Public utility vaults, boxes and structures shall be Grading/ Works underground and placed in landscape areas and Sitework screened from public view. All utility vaults, boxes and Permit structures shall be shown on landscape plans and approved by the City Engineer and Community Development Director prior to construction. 67. Reciprocal Parking Agreement. A reciprocal PW Approval of Public parking agreement shall be signed and recorded Improvement Works against all parcels in the center to ensure that the Plans parking fields function for the whole center and are available to customers of any business on the project site. 68. Bicycle Parking. Bicycle parking shall be provided in PW Approval of Public accordance with California Green Building Standards Improvement Works Code Section 5.106.4 Plans 69. Truck deliveries. Truck deliveries shall be restricted PW Ongoing Public to the delivery areas at the back of the shopping Works center (Dublin Blvd.). Trucks shall not be left idling at the truck dock and shall not be left overnight. 70. Striping Plan. A Striping Plan showing all proposed PW Approval of Public improvements in the public right of way shall be Improvement Works submitted for review and approval by the City Plans Engineer. 71. Pedestrian crosswalks. Pedestrian crosswalks shall PW Approval of Public be designed to have separated ramps. The north- Improvement Works south pedestrian crosswalks across Martinelli Way Plans shall have a similar decorative treatment as the pedestrian pathways on the project site. 72. Trash Enclosures. Applicant shall coordinate the PW Approval of Public trash enclosure locations and the size of the Improvement Works enclosures with AVI and the City to ensure adequate Plans capacity to serve the future restaurant and retail tenants. Trash enclosures shall meet all requirements set forth in the Dublin Municipal Code (DMC), Chapter 7.98 and design details shall be shown on the Site Improvement Plans. 73. Drive aisles. Rolled curb extensions at four right-turn PW Approval of Public only exits shall be examined for possible construction Improvement Works as full landscaped islands. Plans 74. Dublin Blvd. drive aisle. The signalized driveway PW Approval of Public approach northbound onto Dublin Blvd. shall be Improvement Works reviewed to consider a dedicated left turn lane and a Plans shared right/through lane. 75. Camera/signal upgrade at Sybase Drive/Dublin PW Approval of Public and Martinelli/The Green - The existing signals at Improvement Works Sybase Drive/Dublin Boulevard shall be modified to Plans Page 18 of 26 `'cet provide access to the project and circulation in the project vicinity and the signal at Martinelli Way/The Green entrance shall be activated. Any signal modifications shall be approved by the City Engineer. The signal modifications shall also include traffic monitoring cameras (one at each signal and one spare), signal interconnects and communication equipment along with spares, and battery backup units for signal controllers. 76. ROW Modifications to Arnold/Dublin. The curb PW Approval of Public return at Arnold/Dublin Blvd. shall be extended to the Improvement Works north to the edge of the bike lane to accommodate the Plans future bus pullout and the commercial driveway entrance. 77. ROW Modifications on Dublin Blvd. The curb PW Approval of Public return at the 2nd driveway east of Arnold Road (into Improvement Works the employee parking area) shall be extended to the Plans north to the edge of the bike lane to maximize safety for right turn movements into the main center drive aisle. 78. ROW Modifications along Martinelli. The curb PW Approval of Public return at the 1St driveway east of Arnold Road shall be Improvement Works extended to the south to the edge of the turn lane to Plans maximize the safety for right turn movements onto Arnold Road. 79. ROW dedications. Applicant shall dedicate PW Approval of Public necessary right of way along all perimeter streets Improvement Works (Dublin Blvd, Hacienda Drive, Martinelli Way, and Plans Arnold Road) to accommodate a landscape parkway strip and the sidewalks as shown on Sheet C-2 (Site Plan) to be within the public right of way. 80. Project signs. All proposed project monument signs PW Approval of Public shall be placed on private property. The signs should Improvement Works ideally be located outside any easement areas, but Plans exceptions can be made by the City Engineer. Any signage located in an easement is subject to removal and replacement at the expense of the Applicant/property owner if needed by the easement holder. 81. Pedestrian walkways off Martinelli. The two PW Approval of Public proposed pedestrian walkways from Martinelli to the Improvement Works main buildings shall meet the current ADA/Title 24 Plans standards and shall have a contrasting decorative finish that is similar to the other crosswalk locations within the project site. 82. Water Quality/Storm Drain. PW Approval of Public 1. The decorative crosswalks, main interior Improvement Works intersection, and pedestrian walkways may be Plans constructed with permeable pavers. 2. The project shall meet current C.3 and upcoming C.10 requirements. 3. Trash capture devices shall be installed on all storm drain lines before they tie into the public storm drain network. 4. All private storm drain lines shall be placed on Page 19 of 26 private property. 83. FDC connectors. All FDC connectors and double PW Approval of Public detector-check valves shall be placed outside of bio- Improvement Works retention areas and shall be easily accessible for Plans maintenance and operations. 84. Bicycle lanes. Applicant shall provide a Class II bike PW Approval of Public lane on Arnold Road and Class I bike way on Improvement Works Martinelli Way within the Public ROW along with Plans appropriate signage and pavement markings. 85. Standard Public Works Conditions of Approval. PW Prior to Public Applicant/Developer shall comply with all applicable Approval of Works City of Dublin Public Works Standard Conditions of Improvement Approval. In the event of a conflict between the Plans Public Works Standard Conditions of Approval and these Conditions, these Conditions shall prevail. 86. Hold Harmless/Indemnification. The PW Prior to Public Applicant/Developer shall defend, indemnify, and hold Approval of Works harmless the City of Dublin and its agents, officers, Improvement and employees from any claim, action, or proceeding Plans against the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City to the extend 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. 87. Grading/Sitework Permit. The applicant shall apply PW Through Public for and obtain a Grading/Sitework Permit from the completion of Works Public Works Department for all site Improvements improvement/grading work. The Grading/Sitework and Permit will be based on the final set of civil plans and Occupancy of will not be issued until all of plan check comments the Building have been resolved. A copy of Grading/Sitework Permit application may be found on the City's website at: https://ca-dublin.civicplus.com/index.aspx?NID=340 The current cost of the permit is $102.00 and is due at the time of permit issuance. The Applicant will also be responsible for any adopted increases to the fee amount or additional fees for inspection of the work. 88. Site Plan. On-site improvements shall be designed in PW Prior to Public accordance with the approved Project Plans, Issuance of Works specifically Civil Sheets C-2 to C-6. If there are Grading/ conflicts between the Civil Site Plan (Sheet C-2) and Sitework the Architectural Site Plan (Sheet Al), the Community Permit Development Director shall determine which plan shall be followed. Page 20 of 26 89. Accessible Path of Travel. All walkways from the PW Prior to Public public sidewalk to the site shall be as shown on the Issuance of Works Site Plan, and shall be in conformance with current Grading/ California Building Code and ADA requirements. Sitework Permit 90. Vehicle Parking. All parking spaces shall be double PW Prior to Public striped using 4" white lines set approximately 2 feet Issuance of Works apart according to City Standards and §8.76.070 (A) Grading/ 17 of the Dublin Municipal Code. All compact-sized Sitework Permit parking spaces shall have the word "COMPACT" stenciled on the pavement within each space. 12"- wide concrete step-out curbs shall be constructed at each parking space where one or both sides abuts a landscaped area or planter. 91. Site Accessibility Requirements/Driveways. All PW Prior to Public parking spaces for the disabled, and other physical Occupancy Works site improvements, including the proposed driveways shall comply with current CBC Title 24 requirements and City of Dublin Standards for accessibility. 92. Graffiti. The Applicant/Developer and/or building PW Ongoing Public tenant(s) shall keep the site clear of graffiti vandalism Works on a regular and continuous basis. The Applicant/Developer is encouraged to use graffiti- resistant paint for the structures and film for windows or glass whenever possible. 93. Signs and Pavement Markings. The PW Prior to Public Applicant/Developer shall be responsible for the Occupancy Works following on-site traffic signs and pavement markings: 1. Accessible parking signs and legends per State Title 24/ADA requirements. 2. The word "Compact" shall be stenciled on the pavement surface within each compact parking space. 3. No Stopping/Fire Lane 94. Pavement Grades. Slopes at asphalt pavement shall PW Prior to Public be a minimum of 1.5% for drainage and a maximum of Issuance of Works 5% at parking areas. Exceptions to this standard can Grading/ be considered by the City Engineer on a case-by-case Sitework basis to account for unusual design circumstances Permit 95. Frontage Improvements. PW Prior to Tree Wells: Where parkway strips are not provided, Issuance of the Applicant/Developer shall construct tree wells, Grading/ install trees and tree grates (powder coated and Sitework painted) along the Permit p ) g project frontage at Dublin Boulevard, Hacienda Drive, Martinelli Way and Arnold Road. Design shall conform with City's Streetscape Master Plan. Pedestrian Lighting: Applicant shall install all Type 15 lighting along the frontage per current City of Dublin Standards (energy efficient, LED models). Applicant shall provide photometric plan for lighting to Page 21 of 26 assure that the new pedestrian lights meets the City standards. 96. Occupancy Permit Requirements. Prior to issuance PW Prior to Public of an Occupancy Permit, the physical condition of the Occupancy Works project site shall meet minimum health and safety standards including, but not limited to the following: a. Lighting for the building and parking lot shall be adequate for safety and security. Exterior lighting shall be provided for building entrances/exits and pedestrian walkways. Security lighting shall be provided as required by Dublin Police. b. All construction equipment, materials, or on- going work shall be separated from the public by use of fencing, barricades, caution ribbon, or other means reasonably approved by the City Engineer/Public Works Director. c. All fire hydrants for the building shall be operable and easily accessible to City and ACFD personnel. d. All site features designed to serve the disabled (i.e. H/C parking stalls, accessible walkways, signage) for the building shall be installed and fully functional. 97. Stormwater Runoff Treatment and Calculations. PW Prior to Public The provided Preliminary Stormwater Quality/HM Plan Issuance of Works is approved in concept only. Applicant/Developer Grading/ shall complete and submit the City of Dublin's Sitework Permit "Stormwater Requirements Checklist" with the first Improvement Plans submittal package and provide an accompanying exhibit demonstrating compliance with requirements set forth by the Municipal Regional Stormwater Permit. Applicant shall incorporate all necessary stormwater runoff, conveyance and treatment measures and details into the Site Improvement Plans. Applicant shall also provide all necessary support calculations demonstrating full compliance. Stormwater treatment design shall comply with the C- 3 Stormwater Technical Guidance issued by Alameda Countywide Clean Water Program. Runoff from landscape areas shall not drain across sidewalk areas. 98. Stormwater Treatment Measure Maintenance PW Prior to Public Agreement. Applicant/Owner shall enter into a Occupancy Works "Stormwater Treatment Measure Maintenance Agreement" with the City of Dublin for maintenance of stormwater treatment measures constructed at the site. 99. Erosion Control During Construction: PW Prior to Public Applicant/Developer shall include an Erosion and Issuance of Works Page 22 of 26 °t 1 ai `hfl Q fiig ' .,t rff IIIfSY ��{�Y r1 � 4444 Sediment Control Plan with the Grading and Grading/ Improvement plans for review and approval by the City Sitework Engineer/Public Works Director. Said plan shall be Permit and designed, implemented, and continually maintained during pursuant to the City's NPDES permit between October construction. 1St and April 15th or beyond these dates if dictated by rainy weather, or as otherwise directed by the City Engineer/Public Works Director. 100. Construction Hours. Construction and grading PW During Public operations shall be limited to weekdays (Monday Construction Works through Friday) and non-City holidays between the hours of 7:30 a.m. and 5:30 p.m. The Applicant/Developer may request permission to work on Saturdays and/or holidays between the hours of 8:30 am and 5:00 pm by submitting a request form to the City Engineer no later than 5:00 pm the prior Wednesday. Overtime inspection rates will apply for all Saturday and/or holiday work. 101. Temporary Fencing. Temporary Construction PW During Public fencing shall be installed along perimeter of all work Construction Works under construction to separate the construction and Occupancy operation from the public. All construction activities shall be confined to within the fenced area. Construction materials and/or equipment shall not be operated or stored outside of the fenced area or within the public right-of-way unless approved in advance by the City Engineer/Public Works Director. 102. Construction Noise Management Plan. PW During Public Applicant/Developer shall prepare a Construction Construction Works Noise Management Plan, to be approved by the City and Grading Engineer and Community Development Director, Activities which identifies measures to be taken to minimize construction noise on surrounding developed properties. The Plan shall include hours of construction operation, use of mufflers on construction equipment, speed limit for construction traffic, haul routes and identify a noise monitor. Specific noise management measures shall be included in the project plans and specifications. 103. Damage/Repairs. The Applicant/Developer shall be PW Prior to Public responsible for the repair of any damaged pavement, Occupancy Works curb & gutter, sidewalk, or other public street facility resulting from construction activities associated with the development of the project. 104. Construction Permit. Applicant shall obtain PW Prior to necessary permits or permission from the applicable issuance of property owners to construct improvements within said Grading/ off-site properties. Sitework Permit 105. Fees. The Applicant shall pay all applicable fees in PW Prior to Public effect at the time of building permit issuance, including, Issuance of Works but not limited to: Planning fees; Building fees; Dublin Building San Ramon Services District fees; Public Facilities Permit fees; City of Dublin Fire fees; Noise Mitigation fees; Page 2 . of 26 17* a �r�ti Y sit e �`" ' Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; and any other fees as noted in the Development Agreement. 106. Zone 7 Impervious Surface Fees. Applicant shall PW Prior to Public complete a "Zone 7 Impervious Surface Fee Issuance of Works Application" and submit an accompanying exhibit for Building review by the Public Works Department. Fees Permit generated by this application will be due at issuance of the Building Permit. 107. Geotechnical Report and Recommendations: The PW Prior to Public Applicant/Developer shall provide a site specific Issuance of Works geotechnical report prepared by a reputable Building geotechnical engineer. The Geotechnical Engineer Permit shall certify that the project design conforms to the report recommendations prior to issuance of a Grading/Sitework Permit or Building Permit. All report recommendations shall be followed during the course of •radin• and construction. 108. Prior to issuance of any building permit, complete DSRSD Issuance of DSRSD improvement plans shall be submitted to DSRSD that Building conform to the requirements of the Dublin San Ramon Permits Services District Code, the DSRSD "Standard Procedures, Specifications and Drawings for Design and Installation of Water and Wastewater Facilities", all applicable DSRSD Master Plans and all DSRSD policies. 109. All mains shall be sized to provide sufficient capacity DSRSD Issuance of DSRSD to accommodate future flow demands in addition to Improvement each development project's demand. Layout and Plans sizing of mains shall be in conformance with DSRSD utility master planning. 110. Sewers shall be designed to operate by gravity flow to DSRSD Issuance of DSRSD DSRSD's existing sanitary sewer system. Pumping of Improvement sewage is discouraged and may only be allowed Plans under extreme circumstances following a 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 specifications. The DSRSD reserves the right to require payment of present worth 20 year maintenance costs as well as other conditions within a separate agreement with the applicant for any project that requires a pumping station. 111. Domestic and fire protection waterline systems for DSRSD Issuance of DSRSD Tracts or Commercial Developments shall be Improvement designed to be looped or interconnected to avoid dead Plans end sections in accordance with requirements of the DSRSD Standard Specifications and sound engineering practice. There will be a large number of customers in the project and DSRSD wants to be sure they have a secure water supply. Thus, the water supply must be "looped" with the supply for the project coming from two separate connections to the potable Page 24 of 26 main. 112. DSRSD policy requires public water and sewer lines DSRSD Issuance of DSRSD to be located in public streets rather than in off-street Improvement locations to the fullest extent possible. If unavoidable, Plans then public sewer or water easements must be established over the alignment of each public sewer or water line in an off-street or private street location to provide access for future maintenance and/or replacement. 113. Prior to approval by the City of a grading permit or a DSRSD Issuance of DSRSD site development permit, the locations and widths of Improvement all proposed easement dedications for water and Plans sewer lines shall be submitted to and approved by DSRSD. 114. All easement dedications for DSRSD facilities shall be DSRSD Issuance of DSRSD by separate instrument irrevocably offered to DSRSD Improvement or by offer of dedication on the Final Map. Plans 115. Prior to approval by the City for Recordation, the Final DSRSD Issuance of DSRSD Map shall be submitted to and approved by DSRSD Improvement for easement locations, widths, and restrictions. Plans 116. Prior to issuance by the City of any Building Permit or DSRSD Issuance of DSRSD Construction Permit by the Dublin San Ramon Building Services District, whichever comes first, all utility Permits connection fees including DSRSD and Zone 7, plan checking fees, inspection fees, connection fees, and fees associated with a wastewater discharge permit shall be paid to DSRSD in accordance with the rates and schedules established in the DSRSD Code. 117. No sewer line or waterline construction shall be DSRSD Issuance of DSRSD permitted unless the proper utility construction permit Improvement has been issued by DSRSD. A construction permit Plans will only be issued after all of the items in the condition immediately above have been satisfied. 118. Prior to issuance by the City of any Building Permit or DSRSD Issuance of DSRSD Construction Permit by the Dublin San Ramon Building Services District, whichever comes first, all Permits improvement plans for DSRSD facilities shall be signed by the District Engineer. Each drawing of improvement plans shall contain a signature block for the District Engineer indicating approval of the sanitary sewer or water facilities shown. Prior to approval by the District Engineer, the applicant shall pay all required DSRSD fees, and provide an engineer's estimate of construction costs for the sewer and water systems, a performance bond, a one-year maintenance bond, and a comprehensive general liability insurance policy in the amounts and forms that are acceptable to DSRSD. The applicant shall allow at least 15 working days for final improvement drawing review by DSRSD before signature by the District Engineer. 119. The applicant shall hold DSRSD, its Board of DSRSD Issuance of DSRSD Directors, commissions, employees, and agents of Building DSRSD harmless and indemnify and defend the same Permits Page 25 of 26 from any litigation, claims, or fines resulting from the construction and completion of the project. 120. Improvement plans shall include recycled water DSRSD Issuance of DSRSD improvements as required by DSRSD. Services for Improvement landscape irrigation shall connect to recycled water Plans mains. Applicant must obtain a copy of the DSRSD Recycled Water Use Guidelines and conform to the requirements therein. 121. A utility plan showing routing of improvements and DSRSD Issuance of DSRSD demolition of existing utilities (if any). Zone 7 Turnout Improvement and DSRSD Fluoride Storage Facility shall be shown Plans on final plans. 122. DSRSD has major water infrastructure in the area in DSRSD Ongoing DSRSD the form of pipelines going from DSRSD Turnout 4 to customers. Applicant shall ensure that the DSRSD infrastructure is not damaged or compromised during the construction of this project. 123. DSRSD maintains radio communications links DSRSD Occupancy of DSRSD between Turnout 4 and Pump Station 10A and first tenant Reservoir 10A for transmission of SCADA information. space Applicant plans will be reviewed to ensure the communications links will remain unbroken Applicant, DSRSD and City of Dublin will coordinate to be sure this DSRSD communications link will remain operative and reliable after construction. 124. Public Art. The Applicant/Developer shall comply PL, PCS Building Permit DMC with the City's Public Art Ordinance/requirements and Issuance shall prepare a Public Art Compliance Report identifying the method(s) to be utilized to meet the statue. 125. Additional Architectural Enhancements. The PL Building Permit Planning Applicant/Developer shall work with Staff to identify Submittal Comm. locations to add additional composite siding material at the upper portion of the building on the north elevation of tenant spaces Major 1 and Major 2 and to the west elevation of Major 1. PASSED, APPROVED, AND ADOPTED this 3rd day of December, 2013 by the following vote: AYES: Councilmembers Biddle, Gupta, Hart, Haubert, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None .n/ Itzej, ATTEST: j,t,vp fc4- Mayor Reso No. 199-13, Adopted 12-3-13, Item 6.1 Page 26 of 26