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Reso 44-21 Approving Maintenance Agreement Between the City of Dublin and Dublin Crossing, LLC as Relating to the Licensed Areas
RESOLUTION NO. 44 - 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE MAINTENANCE AGREEMENT BETWEEN THE CITY OF DUBLIN AND DUBLIN CROSSING, LLC AS RELATING TO THE LICENSED AREAS WHEREAS, the City of Dublin ("City") and Zone 7 of the Alameda County Flood Control and Water Conservation District ("Zone 7") entered into a Recreational Use License Agreement on February 15, 2005, as authorized by City Council Resolution No. 16-05 ("License"); and WHEREAS, Zone 7 has agreed to allow City to use certain flood control channel properties ("Licensed Areas") to construct, improve, maintain, and operate the Licensed Areas for park and recreation purposes; and WHEREAS, Zone 7 and City entered into Amendment No. 1 to the Recreational Use License Agreement on October 16, 2007, as authorized by City Council Resolution No. 192-07; and WHEREAS, Zone 7 and City entered into Amendment No. 2 ("Amendment") to the Recreational Use License Agreement on May 18, 2021, as authorized by City Council Resolution No. XX-21; and WHEREAS, the City entered into a Development Agreement with Dublin Crossing Venture LLC entitled "Development Agreement by and between the City of Dublin and Dublin Crossing Venture LLC Relating to the Dublin Crossing Project," recorded on June 4, 2014 as instrument number 2014134795 in the Official Records of Alameda County, California, which was amended by that certain Amendment No. 1 to Development Agreement, approved by the City on June 2, 2015, as further amended by that certain Amendment No. 2 to Development Agreement, approved by the City on February 2, 2016, and as further amended by that certain Amendment No. 3 to Development Agreement, approved by the City on June 15, 2017; and WHEREAS, Dublin Crossing Venture LLC sold and assigned all of its right, title and interest in the property and the development project ("Boulevard Project") described in the Development Agreement to Dublin Crossing, LLC ("Master Developer"), with the consent of the City, pursuant to that certain Assignment and Assumption of Development Agreement, recorded in the Official Records of Alameda County on August 28, 2015 as document number 2015239932; and WHEREAS, pursuant to the Boulevard Project conditions of approval, the Master Developer is required to maintain the open channel of the portion of Chabot Creek and Canal 2 located within the Boulevard Project boundary and along the project frontage of Arnold Road; and WHEREAS, the City is responsible for operating and maintaining those improvements in Chabot Creek and Canal 2 of the Licensed Areas of the Amendment; and Reso. No. 44-21, Item 4.2, Adopted 05/18/2021 Page 1 of 2 WHEREAS, the City wishes to authorize the Master Developer as one of its agents to maintain certain landscaping and other improvements in Chabot Creek and Canal 2 of the Licensed Areas of the Amendment; and WHEREAS, the purpose of the maintenance agreement is to state the Master Developer's obligation, as the City's agent, to perform maintenance and repair of certain open space areas and improvements in Chabot Creek and Canal 2 of the Licensed Areas of the Amendment. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Maintenance Agreement Between the City of Dublin and Dublin Crossing, LLC as Relating to the Licensed Areas, attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Maintenance Agreement Between the City of Dublin and Dublin Crossing, LLC as Relating to the Licensed Areas, attached hereto as Exhibit A, and make any necessary, non -substantive changes to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 18th day of May 2021, by the following vote: AYES: Councilmembers Hu, Josey, Kumagai, McCorriston and Mayor Hernandez NOES: ABSENT: ABSTAIN: Mayor ATTEST: DocuSigned by: b Ube =-9bb/081bD22F4OA.. City Clerk Reso. No. 44-21, Item 4.2, Adopted 05/18/2021 Page 2 of 2 DocuSigned by: F7PA 6lZ.461... D 013- 1.WE EXHIBIT A RECREATIONAL USE LICENSE AGREEMENT THIS LICENSE AGREEMENT (hereinafter "LICENSE"), is made and entered into this 15th day of February, 2005, by and between Zone 7 of Alameda County Flood Control and Water Conservation District, a body corporate and politic (hereinafter "ZONE 7") and the City of Dublin, a Municipal Corporation (hereinafter "CITY"). RECITAL A. Both parties are authorized by the acts governing them to plan, improve, maintain and operate facilities and parks for public recreation; B. ZONE 7 has accepted and/or will be accepting certain rights of way (hereinafter "LICENSED AREAS"), which can be used for park and recreation uses in accordance with this LICENSE AGREEMENT and amendments thereto; C. CITY has indicated its desire that these rights of way be developed so that a park -like atmosphere can be created within and about the LICENSED AREAS; D. The purpose of this LICENSE AGREEMENT is to amend and supersede the original License Agreement entered into by the CITY and ZONE 7 on March 18, 1987, and all modifications thereto; and E. ZONE 7 is agreeable to such use by CITY on the LICENSED AREAS and hereby grants a non-exclusive LICENSE for said use upon the following terms and conditions. NOW, THEREFORE, BE IT MUTUALLY AGREED as follows: 1. Permitted Use. Subject to the terms of this LICENSE, the CITY is permitted to construct, improve, maintain and operate the LICENSED AREAS for park and recreation purposes. 2. Licensed Areas. The LICENSED AREAS are identified in Exhibit A (Location Map) and more particularly described and delineated in Exhibits B-1 through B-6, which are attached hereto and made a part hereof. 3. Additional Licensed Areas. Additional LICENSED AREAS, as mutually agreed upon by CITY and ZONE 7, may be added by written amendment to this LICENSE. 4. License Fee. This LICENSE shall not require payment of any rent or other charges to ZONE 7 by CITY for the use of the LICENSED AREAS for the purposes for which it is permitted. 5. Term of License. a. The term of this LICENSE shall be for twenty-five (25) years from the date of execution of this LICENSE with an option to CITY of renewal for additional periods of twenty-five (25) years thereafter upon application therefore accompanied by a showing of faithful exercise thereof according to the covenants herein; either this original LICENSE or any renewal thereof to be subject to termination under the covenants provided herein to govern such termination. Renewals shall be subject to updating the conditions on use of the LICENSED AREAS. b. CITY's obligations under Section 11 ("Indemnity") and Section 13 ("Waiver of Claims") shall survive the termination of this LICENSE. ,11ninc 1 6. Limitations a. This LICENSE is granted solely for the purpose of authorizing CITY to provide park and recreational uses at the LICENSED AREAS for general public use without discrimination as to place of National origin, Ancestry, Ethnicity, race, color, gender, age, marital status, pregnancy, sexual orientation (real or perceived), medical condition, physical or mental disability, or religion.. b. It is understood and agreed by CITY that the primary purpose for which ZONE 7 has acquired and owns the LICENSED AREAS is for flood control and water management and that operations in furtherance of said purpose must take precedence over any and all other uses of the subject LICENSED AREAS. c. ZONE 7 shall have all reasonable and necessary rights of entry to the subject LICENSED AREAS, including the right to alteration or repair and maintenance and operation for flood control and water management purposes. Use of the LICENSED AREAS by CITY or the public in general, shall be at all times subject to the primary use of the aforesaid LICENSED AREAS for flood control and water management purposes. d. CITY shall obtain and comply with all required permits, agreements and/or regulatory approvals relating to the improvement, maintenance or operation of the LICENSED AREAS for park and recreational purposes including all federal, state, or local government requirements. This requirement includes compliance with CEQA as well as any necessary construction, building or use permits, including any progress inspections that may be required by any regulatory body. e. Prior to installation of any permanent facilities or landscape improvements, CITY shall submit plans and specifications and any related approvals required in 6.d. to ZONE 7 for review. The facility or improvements shall not be installed by CITY without first obtaining written approval from ZONE 7's General Manager. Written approval shall not be unreasonably withheld and said approval shall be given unless ZONE 7, in its sole discretion, determines that such structures, facilities or improvements would interfere with the primary use of said areas for flood control and water management purposes. Zone 7 hereby acknowledges that all permanent facilities and landscape improvements on the Licensed Areas as of February 16, 2005 have been approved by Zone 7 and do riot require further approvals under this subsection 6,e. f. Should ZONE 7, in its sole discretion, reasonably determine that any of CITY's activities or improvements interfere with any ZONE 7 activities or operations, ZONE 7 may require CITY to eliminate said interference, by providing CITY with written notice of ZONE 7's requirement and the reasons therefore. Within 30 days of its receipt of such notice, CITY shall proceed forthwith to remedy the problem, as directed by ZONE 7. In the event CITY fails to remedy or correct the problem within such thirty day period, ZONE 7 may take such action as ZONE 7 deems reasonably necessary to remedy such interference, all at CITY's sole expense. CITY agrees to abide by any future LICENSED AREAS Rules and Regulations which may be adopted by ZONE 7's Board of Directors. g- nr9nn 2 h. CITY agrees to accept this LICENSE to the LICENSED AREAS on an "as -is" basis, and ZONE 7 has no obligation for maintenance or repair of LICENSED AREAS during the term of this LICENSE. CITY shall be solely responsible for any damage or loss to CITY's improvements resulting from theft or vandalism or resulting from any other cause. ZONE 7 shall not provide security for CITY's improvements nor LICENSED AREA in general. ZONE 7 shall not be responsible for any Toss or damage suffered by CITY (including direct or indirect Toss or damage, or incidental or consequential loss or damage) resulting from any damage to CITY's improvements or Toss of use thereof suffered in connection with this LICENSE. j. Suspension or Limitation of Use: ZONE 7 shall have the right, without liability to CITY, to suspend any licensed uses temporarily or to limit this LICENSE and the use of the LICENSED AREAS by the CITY during such periods of time as ZONE 7 determines that such suspension or limitation is necessary in the interest of public safety, national security, or the operation or maintenance of its flood or water facilities. Zone 7 will provide notice of its determination to suspend or limit use to CITY pursuant to section 14 of this License Agreement. 7. Park Maintenance and Operation a. CITY shall cause any park and recreational improvements to be constructed, maintained and operated in an orderly, safe, and sanitary manner at all times. Said park and recreational improvements may include but not limited to: pathways for bicycle, pedestrian or equestrian uses, non-standard flood control fencing, information and warning signs and landscaping. b. The removal of litter, vegetation and other items from the LICENSED AREA shall be the responsibility of the CITY. c. The LICENSED AREA may be subject to slides, erosion, subsidence, flooding and other damages. In the event that CITY's use of the LICENSED AREA is impacted by such damages, ZONE 7 will make its best efforts to repair ZONE 7's facilities to Zone 7 standards; however, such repairs will be subject to available funding and other maintenance priorities as determined by ZONE 7 in its sole discretion. Repair of damage to recreational facilities shall be the responsibility of CITY and at CITY's sole cost. CITY shall perform such repair, as CITY may deem necessary for proper and safe operation of the LICENSED AREA. d. In the performance of routine and/or emergency repair activities ZONE 7 will exercise reasonable care to avoid removal or damage to existing CITY installed structures and improvements and CITY, at its sole cost, shall be responsible for any reinstallation, repair or reconstruction work. e. CITY agrees to give Zone 7 reasonable notice of its major maintenance activities that may conflict with ZONE 7's maintenance of its flood control channel. Major maintenance activities include but are not limited to work on any permanent structure, facility and/or vegetation work that may conflict with ZONE 7's maintenance of its flood control channel properties. 711n; nL 3 f. CITY shall adopt such rules and regulations as it deems necessary to facilitate the orderly and safe operation and control of the use of the LICENSED AREAS by the public for recreational purposes. If any such rule or regulation is contrary to the primary interest of flood control and water management, or is deemed by ZONE 7 to be adverse to its interest, ZONE 7 may give 60 days notice of such fact to CITY and CITY shall change such rule or regulation in conformance with ZONE 7's request. 8. Violations of Permitted Use. Should the CITY, its employees, contractors, subcontractors, agents, or the general public construct, install, operate or maintain any park improvements in violation of the terms of this LICENSE, or in violation of any of the approvals granted hereunder, ZONE 7 may direct CITY, at CITY's sole cost, to remove the improvements from the LICENSED AREAS or to take other remedial action, as ZONE 7 may, in its sole discretion, determine to be appropriate CITY shall be afforded a period of fifteen (15) days, within which to cure any such violations and comply with ZONE 7's directive. In the event CITY fails to cure within the above stated period, ZONE 7 shall have the right to take any and all actions to remediate the LICENSED AREAS and CITY shall reimburse ZONE 7 for all costs associated therewith. Zone 7, as it reasonably determines, may extend the period as may be necessary to cure the default, provided that the City has commenced the cure within the fifteen (15) day period. 9. Assignment. CITY may assign all of its rights, duties and liabilities under this LICENSE to another public agency provided that such assignment is agreeable to ZONE 7 and provided further that such agency gives written notice to ZONE 7 that it accepts all of the rights, duties and liabilities imposed upon CITY under this LICENSE. 10. Acknowledgment of Title. It is understood and agreed that CITY, by the acceptance of this LICENSE and by the use or occupancy of said LICENSED AREAS, has not acquired and shall not acquire hereafter any property rights or interest in or to said LICENSED AREAS through this LICENSE, and that CITY may use the LICENSED AREAS only as herein provided. ZONE 7 shall retain the right to sell or change areas, but in the event that CITY is damaged by such action, CITY shall be compensated for any damage to facilities which it has installed, ZONE 7 may elect to compensate CITY for depreciated value of such facilities in lieu of compensation of damages. 11. Indemnity CITY shall indemnify, defend, reimburse and hold harmless Zone7, its officers, agents, contractors and, employees (collectively, "Indemnitees") from and against any and all demands, claims, legal or administrative proceedings, losses, costs, penalties, fines, liens, judgments, damages and liabilities of any kind (collectively, "Liabilities"), arising in any manner out of: (a) any injury to or death of any person or damage to or destruction of any property occurring in, on or about the SITE, or any part thereof, whether the person or property of CITY, its officers, agents, employees, contractors and subcontractors (collectively, "Agents"), its invitees, guests or business visitors or third persons (collectively, "Invitees"), relating in any manner to any use or activity under the LICENSE and modifications thereto; (b) any failure by CITY to faithfully observe or perform any of the terms, covenants or conditions of this LICENSE or (c) the use of the SITE or any activities conducted thereon by CITY, its Agents or Invitees. This provision applies except to the extent of Liabilities resulting directly from the sole negligence or willful misconduct of ZONE 7 or ZONE 7's authorized representatives. The foregoing indemnity shall include, without limitation, reasonable attorneys' and consultants' fees, investigation and remediation costs and all other reasonable costs and expenses incurred by the Indemnitees, including, without limitation, damages for decrease in the value of the SITE on ni7nnc 4 and claims for damages or decreases in the value of adjoining property. CITY shall have an immediate and independent obligation to defend ZONE 7 from any claim which actually or potentially falls within this indemnity provision even if such allegation is or may be groundless, fraudulent or false, which obligation arises at the time such claim is tendered to CITY by ZONE 7 and continues at all times thereafter. C1TY's obligations under this Condition shall survive the expiration or termination of the LICENSE and modifications thereto. 12. Insurance Requirements CITY shall carry public liability and property damage insurance or monetary coverage in an amount which will adequately protect ZONE 7 from all such liabilities or claims, such amount to be no less than $1,000,000 each person and $1,000,000 each occurrence for bodily injury or death and $1,000,000 on each occurrence for property damage. These amounts shall be reviewed by the parties every five years, and increased by no Tess than the amount of increase in the Consumer Price Index for the Oakland — San Francisco SMSA. Policies for such insurance shall name ZONE 7 of Alameda County Flood Control and Water Conservation District, Alameda County Flood Control and Water Conservation District, the County of Alameda, their officers, agents and employees as additionally insured and copies thereof, certificates of payment of premiums thereon, or other proof of insurance or monetary coverage acceptable to ZONE 7, shall be furnished ZONE 7 by CITY. It is agreed that such insurance or monetary coverage as is afforded by the policy to ZONE 7 of Alameda County Flood Control and Water Conservation District, et al., shall apply as primary insurance or monetary coverage. No other insurance or monetary coverage effected by ZONE 7 of Alameda County Flood Control and Water Conservation District, et al., shall be called upon to contribute to a Toss covered by the policy. CITY has the right and option to self -insure the requirements under this Section 12 upon written notice to ZONE 7 that CITY assumes the obligations in the place and stead of any insurance carrier, any reference to failure to coverage notwithstanding. In the event that CITY elects to self -insure, CITY shall provide to ZONE 7 a certificate or other evidence of self-insurance acceptable to ZONE 7. 13. Waiver of Claims CITY fully releases, waives, and discharges forever any and all claims, demands, rights and cause of action against, and covenants not to sue, Indemnities, under any present or future laws, statutes, or regulations: (a) for any claim or event relating to the condition of the SITE or CITY's use thereof; or (b) in the event that ZONE 7 exercises its right to suspend, revoke or terminate the LICENSE, 14_ Duties of ZONE 7. ZONE 7 agrees to give CITY reasonable notice of flood control and water management operations and maintenance which would affect recreational facilities or park operations of CITY and keep CITY informed of any conditions which might result in such operations and maintenance. ZONE 7 further agrees to furnish any plans for improvements to the LICENSED AREAS to the CITY for review and comments. ZONE 7 will maintain the LICENSED AREAS to the extent necessary for flood control and water management purposes. Repairs to flood and water facilities/structures shall be the responsibility of ZONE 7 except when such repairs arise from damage caused to these facilities/structures by CITY, its officers, '711 n!'7nr 5 agents, employees, contractors and subcontractors, its invitees, guests or business visitors or third persons. Such ZONE 7 responsibilities shall not relieve the CITY from its Liabilities as described in Section 11. 15. Property Taxes. Pursuant to California Revenue and Taxation Code section 107.6, notice is hereby given that CITY is responsible for any possessory interest taxes that may be imposed as a result of, or related to, this LICENSE. 16. Notice. Any demand or notice which either party shall be required, or may desire to make upon or give to the other shall be in writing and shall be delivered personally upon the other or be sent by prepaid certified mail to the respective parties as follows: ZONE 7: General Manager Zone 7, Alameda County Flood Control And Water Conservation District 100 North Canyons Parkway Livermore, CA 94551 CITY: City Manager City of Dublin 100 Civic Plaza Dublin, CA 94568 Either party may, from time to time, designate any other address for this purpose by written notice to the other party, given with 10 business days' notice. 17_ Miscellaneous a. This LICENSE constitutes the entire LICENSE and understanding between the parties, and supersedes all offers, negotiations and other agreements concerning the subject matter contained herein. Any amendments to this LICENSE must be in writing and executed by both parties. b. If any provision of this LICENSE is invalid or unenforceable with respect to any party, the remainder of this LICENSE or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this LICENSE shall be valid and enforceable to the fullest extents permitted by law. c_ This LICENSE shall be governed by the laws of the State of California. ')/1 nln' 6 IN WITNESS WHEREOF, the parties hereto have executed this LICENSE on the dates appearing below their respective authorized signatures. ZONE 7: Zone 7 of Alameda County Flood Control an Water o nervation District Approved as to Form Amy Naamani Deputy County Counsel By: CITY: City of Dublin Bv: et Lockhart ayor Date: a-14c ATTEST: Kay Keck, City Clerk APPROVED AS TO FORM: ;-,46,-L - 2 Elizabeth Silver, City Attorney 711 n0nng 7 0.05 Exhibit "B-1" Recreational Use License Agreement South San Ramon Creek Licensed Areas 0.2 0.3 1 Inch equals 600 feet (Mlles 0,4 February, 2005 mMarr d drop cd{a4d h lux taox by ww Gaoswrhl, Inc. tar MOO el mho. pa Oty o{ uvarnae, and Name& a+4e4. R d ann4d end WOE {kMw•hben Markt • Zone 7. AMP 0 Exhibit "B-2" Recreational Use License Agreement Alamo Canal Licensed Areas 0.05 0,1 0.2 03 1 inch equals 600 feet Mlbc 0.4 February, 2005 Innagrav W d'tlmp winched In Join 2403 bl' FWd Gao5ptW, Im, Oar ern CV ar Male. eaa Ply of LManmm, and A 0rIm44 County Flood Control and Water Oan*af*0en DLD1d • Ione 7, Exhibit "B-311 Recreational Use License Agreement Alamo Creek Licensed Areas •c4ee�raw»Yseeenenas}eeenoea«axaoow{o.,oa7.6ax,::raa.:xc X.XVY Dublin Lots Class 1, Existing, Bike Path Licensed Areas APN 941-0007-001-06 Dublin Housing Authori - Arroyo Vista APN 941-0007-001-05 Dublin Hausin• Authorit - Arro o Vista {: 1 Wag 0.05 1 Inch equals 200 feet February, 2005 ynngay badodmp cd{abod I Mt* NW by WN Ce17517nlhl, Inc. 1p' 1htoty of DRAM, tlu IXy d Wennoie, and Jdapyd• [aunbf F6od 00013o1 and Wanw ❑anwwtlon DR41G - Zone 7, Exhibit "B-4" Recreational Use License Agreement Alamo Creek Licensed Areas eftl met APN 941-2782-OO6-Ot Lvt E of Tract 5511 APN 941-2781-016-01 Lat G of Tract 5511 Flo '414' AIL Dublin Lots Class 1, Existing, Bike Path Licensed Areas APN 941-2781-014-01 Lot F of Tract 5511 0 O.O6 0.1 02 1 inch equals 500 feet Niles 0.3 February, 2005 Imagery b414Wray, edictal In ]une 1009 by H.IW 006patbl• Inc. for the Cf4 a1 f7abla. tlrY oyy .N LivaannmL and kamedb 4rfley Fb 1 Coning ard W lYer Oirletreatiell Oicbld • Zone 7. Exhibit "B-5" Recreational Use License Agreement Tassajara Creek Licensed Areas LICensea Areas azsass�>{xw�x.�vcc�vxs�axc :,n+�ibi•mx;�� 6.03 APN 986-0017-003 Parcel A of Tract 7357 0.1 0.2 1 Inch equals 400 feet IMII�s 113. APN 986-0017-005 Parcel A of Tract 7355 APN 986-0017-002 Parcel B at Tract 7257 February, 2005 ImapiV baddrop 6aPsOFd In Me 211[13 by k?WC�aFi+ ]K.6rmrcitfofWAIN die Cry aF tj,...twik, and Alamda Count, Flood 9 114 I aM Mlalor mrarndm Dbhia - IMF 7. fi Exhibit "B-C" Recreational Use License Agreement Tassajara Creek Licensed Areas 11 y- -�— Dublin Lots Class 1, Existing, Bike Path Licensed Areas 51, APN 986-0030-001 Parcel C of Tract 707S APN 9&6-0029-007 Parcel E of Tract 7075 APN 986-0029-005 Parcel 6 of Tract 7075 iff 0 0,00 0,1 1 inch equals 300 feet I Mlle! D.2 February, 2005 Imagery backdrop Colhrtkilfg In }una 70110 by FOyy C` gig Near, I,c. Crihe CAW of Dublin, the my d Warman, and Alameda County bbad Central and Water Garrmrabm bi!b# - 2eay 7. A05 23-DUB M1 AMENDMENT NO 1 TO THE RECREATIONAL USE LICENSE AGREEMENT BETWEEN THE CITY OF DUBLIN AND ZONE 7 OF THE ALAMEDA COTINTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT THIS AMENDMENT TO THE RECREATIONAL USE LICENSE AGREEMENT ( AMENDMENT') is entered into by and between the Zone 7 of Alameda County Flood Control and Water Conservation Distract a body corporate and politic, hereinafter referred to as ZONE 7 and the City of Dublin a Municipal Corporation hereinafter referred to as CITY RECITALS This AMENDMENT is entered into on the basis of the following facts, intentions and understandings of ZONE 7 and CITY hereto WHEREAS ZONE 7 and CITY previously entered into that certain Recreational Use License Agreement between the Zone 7 of Alameda County Flood Control and Water Conservation Distract and the City of Dublin dated February 16 2005 as authorized by City Resolution No 16 05 and Zone 7 Resolution No 05 2722 ( LICENSE) and WHEREAS ZONE 7 has agreed to allow CITY to use certain flood control channel properties (LICENSED AREAS) to construct improve maintain and operate the LICENSED AREAS for park and recreation purposes and WHEREAS it is mutually agreed between ZONE 7 and CITY to add additional channel properties to the LICENSE for the pnvilege of using said properties for park and recreational facilities use under the terms of said LICENSE as modified by this AMENDMENT and NOW THEREFORE in consideration of the mutual covenants and promises set forth herein the receipt and adequacy of which is hereby acknowledged ZONE 7 and CITY hereby agree to the following AMENDMENT 1 LICENSED AREAS to be added to LICENSE as provided! under Section 3 are the Tassajara Creek properties delineated in Exhibit B 7 which is attached hereto and made a part hereof and more particularly described as follows a Parcel A Parcel B Parcel C and Parcel ID of T ract Map 7414 filed June 28 2004 in Book 275 of Maps Pages 68 through SO Official Records of Alameda County Assessor s Parcel Numbers 986 0031 002 (Parcel A) 986 0032 002 (Parcel B) 986 0032 003 (Parcel C) and 986 0030 004 (Parcel D) 1 A05 23 DUB MI b Being a portion of Lot 131 as shown on Tract 7075 filed on April IS 2001 in Map Book 257 Pages 47 61 Official Records of Alameda County and being more particularly descnbed as follows Commencing at the northwestern corner of said Lot 131 thence along the northern line of said Lot 131 South 86°35 44 East 272 9 feet to the point of beginning thence continuing along said northern line South 86°35 44 East 333 31 feet to the eastern line of said Lot 131 thence along said eastern line for the following five (5) courses (1) South 46°03 01 West 22 15 feet thence (2) South 64°47 01 West 80 00 feet thence (3) South 31'09 01 West 91 00 feet thence (4) South 46 46 01 West 43 00 feet thence (5) South 00°01 59 East 7 84 feet to the southern line of said Lot 131 thence along said southern line North 86 35 45 'West 242 04 feet thence leaving said southern line North 03°57 06 West 64 36 feet thence North 37°0b 58 West 132 71 feet to the point of beginning Assessor s Parcel No 986 0028 004 (portion) 2 Park Maintenance and Operation Responsibilities of CITY and its Authorized Agents a Park and Recreational Improvements as denoted under Section 7a of the LICENSE shall also include all leegetationllandseaping irrigation systems, fencing frog pond and stream restoration areas b CITY maintenance responsibilities shall include all monitoring and regulatory compliance activities associated with the frog pond and stream restoration area located within the LICENSED AREA c Creek channel bank related maintenance and repair obligations resulting from in connection with or necessitated by CITY s use of the LICENSED AREA or exercise of privileges granted under the LICENSE shall be at the sole cost of CITY 3 Duties of'Zone 7 ZONE 7 s maintenance and repair obligations shall be limited solely to that which in ZONE 7 s sole and reasonable discretion is determined to be necessary for ZONE 7 s flood control and water conservation related needs and/or activities 4 In all other respects, the terms and provisions of the LICENSE are to continue in full force and effect 2 A05 23 DUB MI IN WITNESS WHEREOF ZONE 7 and CITY have caused their corporate names to be affixed hereto by their respective officers authonzed to do so ZONE 7 OF ALAMEDA COUNTY FLOOD CONTROL AND WATER DISTRICT By G F Dueng General Manager one 7 APPROVED AS TO FORM AMY NAAMAN By General CiSunsel Date ATTEST By NERAL COUNSEL Secretary Board of Directors CIT OF DUBLIN By Janet Lockhart Mayor City of Dublin APPROVED AS TO FORM CITY ATTORNEY //6-4 L_ City Attorney By Date ATTEST By 1•71Citk 3 Exhibit "B-7" Recreational Use License Agreement Tassajara Creek Licensed Areas APN 986 0030-004 PARCEL D OF TRACT 7L14 I nn 0 005 01 02 0 1 inch equals 400 feet APN 986 0028 004 LOT 131 OF TRACT 7075 APN 986 D032 002 PARCEL 6 OF TRACT 7414 prOBIS mow v October 2007 Ake fur taltui Maria Imap ryba !469 collected 3 2.001 by HP! GeoSpat I I fdr ih C ty d to th Crty of tnernwre nd I rhcd C ty Flax! Can I W ,er Ca hi my b S.C. 2 7 ;r=. u a11M 1.1 M cl rD C Cu 0 O C. m X 6- r=r X [U n R ni r-i- ou cn no 1 CD D an ID mID l V 2 I Attachment 2 A05-23-DUB M2 AMENDMENT NO. 2 TO THE RECREATIONAL USE LICENSE AGREEMENT BETWEEN THE CITY OF DUBLIN AND ZONE 7 OF THE ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT THIS SECOND AMENDMENT TO THE RECREATIONAL USE LICENSE AGREEMENT ("AMENDMENT"), is entered into by and between the Alameda County Flood Control and Water Conservation District, Zone 7, a body corporate and politic, hereinafter referred to as "ZONE 7," and the City of Dublin, a Municipal Corporation, hereinafter referred to as "CITY". RECITALS This AMENDMENT is entered into on the basis of the following facts, intentions and understandings of ZONE 7 and CITY: WHEREAS, ZONE 7 and CITY previously entered into that certain Recreational Use License Agreement between the Zone 7 of the Alameda County Flood Control and Water Conservation District and the City of Dublin dated February 16, 2005, as authorized by City Resolution No.16-05 and Zone 7 Resolution No.05-2722 ("LICENSE"); and WHEREAS, the LICENSE was amended by that Amendment No. 1, as authorized by City Resolution No. 192-07 on October 16, 2007 and Zone 7 on Nov 7, 2007; and WHEREAS, on June 21, 2017, Zone 7 Resolution No. 17-48 authorized granting CITY an amendment to the Recreational Use License Agreement in association with the Dublin Crossing Development; and WHEREAS, ZONE 7 has agreed to allow CITY to use certain flood control channel properties ("LICENSED AREAS") to construct, improve, maintain and operate the LICENSED AREAS for park and recreation purposes; and WHEREAS, it is mutually agreed between ZONE 7 and CITY to add additional channel properties to the LICENSE for the purpose of using said properties for park and recreational facilities use under the terms of said LICENSE as modified by this AMENDMENT; and WHEREAS, it is mutually agreed between ZONE 7 and CITY to clarify the maintenance and operation responsibilities and other duties of the parties. 1 A05-23-DUB M2 NOW, THEREFORE, in consideration of the mutual covenants and promises set forth herein, the receipt and adequacy of which is hereby acknowledged, ZONE 7 and CITY hereby agree to the following amendments: 1. LICENSED AREAS to be added to LICENSE, as provided under Section 3, are as follows: a. The Dublin Crossing properties (BOULEVARD) delineated in Exhibit "A" and Exhibit "B", attached hereto and made a part hereof. b. The Line G-1-1 at Dublin Boulevard area (LINE G-1-1) delineated in Exhibit "C", attached hereto and made a part hereof. 2. Park Maintenance and Operation Responsibilities of CITY and its Authorized Agents as described in Section 7 of LICENSE are amended to read as follows: a. Park and Recreational Improvements, as denoted under Section 7a. of the LICENSE, shall also include: all in -stream recreational and park amenities, vegetation/landscaping, irrigation systems, pathways, bridges, culverts, outfall structures, storm drain systems, fencing, wetlands, and stream restoration areas. b. CITY Maintenance and Operations within the BOULEVARD, shall be limited to those allowable activities per Section 6 of the Addendum to: Long Term Management Plan Dublin Crossing (Dublin Crossing LTMP) dated November 4, 2020, contained in Exhibit "D". c. CITY and its Authorized Agents shall not conduct, allow or authorize prohibited activities as identified in Section 7 of the Dublin Crossing LTMP within the BOULEVARD. d. CITY shall monitor its activities, and those of its Authorized Agents to ensure compliance with the Dublin Crossing LTMP within the BOULEVARD. e. CITY Maintenance and Operations within LINE G-1-1, shall be maintained to convey flow and not allow trees or brushes to grow. In the event that LINE G-1-1 experiences slides, erosion, subsidence, flooding and other damages, repair of such damages to LINE G-1-1 shall be the responsibility of CITY and at CITY's sole cost. CITY shall, prior to execution of repairs, submit plans for review and approval from ZONE 7. Repairs shall be performed in a reasonably timely manner so as not to impact ZONE 7 facilities downstream of LINE G-1-1. 2 A05-23-DUB M2 f. Creek channel related maintenance and repair obligations resulting from, in connection with or necessitated by CITY's use of the LICENSED AREAS or exercise of privileges granted under the LICENSE, shall be at the sole cost of CITY. 3. DUTIES OF ZONE 7 as described in Section 14 of the LICENSE are amended to read as follows: ZONE 7's maintenance and repair obligations shall be limited solely to that which, in ZONE 7's sole and reasonable discretion is determined to be necessary for ZONE 7's flood control and water conservation related needs and/or activities. 4. In all other respects, the terms and provisions of the LICENSE, as amended by that Amendment No. 1 are to continue in full force and effect. IN WITNESS WHEREOF, ZONE 7 and CITY have caused their corporate names to be affixed hereto by their respective officers authorized to do so. ZONE 7 OF ALAMEDA COUNTY FLOOD CONTROL AND WATER DISTRICT CITY OF DUBLIN By: By: Valerie Pryor Linda Smith General Manager, Zone 7 Water Agency City Manager, City of Dublin APPROVED AS TO FORM: APPROVED AS TO FORM: SCOTT McELHERN, GENERAL COUNSEL CITY ATTORNEY By: By: General Counsel City Attorney Date: Date: 3 LEGEND 1P EXHIBIT PAGE 1 OF 1 CAMP PARKS UNITED STATES OF AMrRICA 5132 OR 1 1 .80.125 ACRE PARCEL RECORD OF SURVEY 2031 31 ROS 25 HORIZON PKWY. CHABOT CREEK LICENSED AREA PARK SITE ZONE 7ACCESS EASEMENT \9t ` j_ I I I I _1 LICENSED AREA BOULEVARD PROJECT BOUNDARY LIMITS OF LICENSED AREA ZONE 7 ACCESS EASEMENT EXISTING PROPERTY LINES CHABOT CREEK LICENSED AREA ►�.._•• CHABOT CREEK LICENSED AREA ZONE 7ACCESS EASEMENT ZONE 7ACCESS EASEMENT • CHABOT CREEK LICENSED AREA NUGGET WAY DUBLIN BLVD. 0 200 400 f CENTRAL PKWY. 800 SCALE:1 "=400' r•� PLAT TO ACCOMPANY AGREEMENT EXHIBIT A RECREATIONAL USE AGREEMENT CHABOT CREEK LICENSED AREA CITY OF DUBLIN CALIFORNIA MACKAY & soms ENGINEERS PLANNERS SURVEYORS 5142B FRANKLIN DR, PLEASANTON, CA 94588 (925)225-0690 DRAWN DATE SCALE JOB NO. CL 03/14/2019 1"=400' 19814-00 04-20-2021 5:00pm Colette L'Heureux P:\19814\DES\OVERALL DESIGN EXHIBITS\ZONE7\RECREATIONAL-USE-AGMT-ZONE7-CITY-EXHIBIT-A&B-CHANNEL-AREAS.DWG CAMP PARKS UNITED S TA TES OF AMERICA 5132 OR 1 LEGEND EXHIBIT 'B" PAGE 1 OF 1 CANAL 2 LICENSED AREA ZONE 7ACCESS EASEMENT HORIZON PKWY. 130.126 ,LI CRr PARCEL. RECORD OF SURVEY 2031 31 ROS 23 CENTRAL PKWY. LICENSED AREA CANAL 2 LICENSED AREA SCHOOL SITE ZONE 7ACCESS EASEMENT CENTRAL PKWY. CANAL 2 LICENSED AREA ZONE 7ACCESS EASEMENT ..IOMM..-.. BOULEVARD PROJECT BOUNDARY LIMITS OF LICENSED AREA ZONE 7 ACCESS EASEMENT EXISTING PROPERTY LINES L ZONE 7ACCESS EASEMENT DUBLIN BLVD 7 0 200 400 800 11 SCALE: "=400' PLAT TO ACCOMPANY AGREEMENT EXHIBIT B RECREATIONAL USE AGREEMENT CANAL 2 LICENSED AREA CITY OF DUBLIN CALIFORNIA MACKAY soms ENGINEERS PLANNERS SURVEYORS 5142B FRANKLIN DR, PLEASANTON, CA 94588 (925)225-0690 DRAWN DATE SCALE JOB NO. CL 03/14/2019 1"=400' 19814-00 04-20-2021 4:59pm Colette L'Heureux P:\19814\DES\OVERALL DESIGN EXHIBITS\ZONE7\RECREATIONAL-USE-AGMT-ZONE7-CITY-EXHIBIT-A&B-CHANNEL-AREAS.DWG R/W #70200 Map: RF-10149 LEGAL DESCRIPTION Exhibit C Dublin Boulevard line G-1-1 Real property situate in the City of Dublin, County of Alameda, State of California, described as follows: A portion of that certain property described within a Quitclaim Deed to "Alameda County Flood Control and Water Conservation District" recorded January 28, 1982 in Document 82-013826, Official records of Alameda County Recorder records, further described as follows: Commencing at a point lying in the North line of Parcel A of that certain Parcel Map 3558 filed May 25, 1982 in Book 133 of Parcel Maps, at Page 81-82, Alameda County Records, said point bears North 72°43'54" West, 434.33' from the northeast corner of said Parcel A per said map (133 PM 81), said point also lying on the southerly Right -of -Way of "Dublin Court" and being the beginning of a tangent curve to the right, concave northeasterly having a radius of 152.00 feet, a radial line to the beginning of said curve bears South 17°16'06" West; thence northwesterly along said curve and said southerly Right -of -Way through a central angle of 47°19'13" an arc length of 125.54 feet to a Point of Reverse Curvature having a radius of 50.00 feet, a radial line to the beginning of said curve bears North 64°35'08" East; thence northwesterly along said curve and said southerly Right -of -Way through a central angle of 13°27'42" an arc length of 11.75 feet to the True Point of Beginning; thence continuing along last said curve and southerly Right -of -Way through a central angle of 58°30'59" an arc length of 51.07 feet to a Point of Reverse Curvature having a radius of 850.00 feet, a radial line to the beginning of said curve bears South 07°23'22" East; thence continuing westerly along said southerly Right -of -Way through a central angle of 01°07'02" an arc length of 16.57 feet to a point lying in the westerly line of said quitclaim deed (82-013826); thence along last said deed line South 07°55'01" East, 21.75 feet; thence North 84°50'22" East, 59.06 feet to the True Point of Beginning. Containing an area of 1,046 sq. ft., more or less. A plat map is attached hereto and made a part hereof. DUBLIN Line G-1-1 See Detail "A" Deed Doc# 82-013826 Alameda County Flood Control 80' Wide Drainage Easement (3480 OR 432) Alameda County Flood Control Gov \_v PRE POC N /0. °43'S4„ 34 33, yV PARCEL "A" (133 PM 81) (64 1"=100' NE Corner of PARCEL "A" N07°55'01"W 21.75' R=50.00' D=58°30'59" L=51.07' EASEMENT TO BE GRANTED TO CITY OF DUBLIN T.P.O.B. R=50.00' D=13°27'42" L=11.75' DETAIL "A" CHARLES N. CAPP * No.6925 OF CALIF Bellecci & Associates, inc. Civil Engineering • LandSurveying 2290 Diamond Boulevard, Suite 100 Concord, CA 94620 Phone (025) 886-4680 Fax (026) 886-4838 DATE: 07/ 16/ 19 PROJECT NO.: 12004 SCALE: AS -SHOWN SHEET 2 OF 2 EXHIBIT-C--PLATMAp RF-10149 EXHIBIT D Addendum to: Long Term Management Plan Dublin Crossing Dublin, Alameda County, California November 4, 2020 Prepared For: Dublin Crossing, LLC 4750 Willow Road, Suite 530 San Ramon, California 94583 Prepared by: Johnson Marigot Consulting, LLC Ms. Sadie McGarvey 88 North Hill Drive, Suite C Brisbane, California 94005 /...71.\\\. JOHf SON MARIGOT CONSULTING, LLC ADDENDUM TO: LONG TERM MANAGEMENT PLAN DUBLIN CROSSING Contents 1.0 Introduction 1 1.1 Purpose of Addendum 1 SECTION 2. Location and Description of Scarlett Drive Restoration Areas 2 Section 3. Land Ownership, Funding, and Legal Protection 3 3.1 Land Owner and Conservator 3 3.2 Funding 3 3.3 Legal Protection 3 List of Figures Figure 1. Scarlett Drive/Iron Horse Trail Extension Project Mitigation Map List of Tables Table 1. Scarlett Drive Restoration Areas Long -Term Maintenance and Management Cost Table List of Appendices Appendix A. Long -Term Management Plan, Dublin Crossing (prepared by Johnson Marigot Consulting, LLC., dated April 2017) Appendix B. Proposed Deed Restriction for the Scarlet Drive Restoration Area Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC Long Term Management Plan November 4 2020 1.0 INTRODUCTION 1.1 PURPOSE OF ADDENDUM The Dublin Crossing Mitigation Site has been approved as mitigation land to provide compensatory mitigation for unavoidable impacts to wetlands and other waters on the Dublin Crossing Project site in the City of Dublin, Alameda County, California. This mitigation includes the creation of 0.70 acre of wetland, restoration of 528 linear feet of highly disturbed canals, and enhancement of 2,261 linear feet of disturbed canals (Dublin Crossing Mitigation Area). A long term management plan (Long -Term Management Plan, Dublin Crossing, prepared by Johnson Marigot Consulting, LLC., dated April 2017) (Dublin Crossing LTMP) has been prepared and approved for this mitigation. The Dublin Crossing LTMP is included as Appendix A. Separately from this previously -approved mitigation package, the Scarlett Drive/Iron Horse Trail Extension Project (the project), a City of Dublin capital improvement project, for which Dublin Crossing, LLC is the applicant (Applicant), proposes to relocate approximately 0.466 acre (2,225 linear feet) of drainage ditches within the Scarlett Drive/Iron Horse Trail Extension Project site (the project site) (Scarlett Drive Onsite Mitigation Area), and restore 691 linear feet (0.79 acre) of wetland canal within Canal 2 on the Dublin Crossing Project site (Scarlett Drive Restoration Areas) (approximately 0.7 mile northeast of the project site). The relocated drainage ditches within the Scarlett Drive Onsite Mitigation Area would be monitored for mitigation success and managed in perpetuity as a discrete unit, separate from the restored canal. The Scarlett Drive Restoration Are would likewise be monitored for mitigation success as a discrete unit within the Dublin Crossing Mitigation Site boundaries, but would be incorporated into the Dublin Crossing Mitigation Site management regime, to be managed in perpetuity pursuant to the Dublin Crossing LTMP. Upon completion of the mitigation monitoring period established for the restored channel within the Scarlett Drive Restoration Areas, the restored areas will be incorporated into the management regime for the Dublin Crossing Mitigation Area. The Dublin Crossing LTMP was prepared to ensure the proposed mitigation is managed, monitored, and maintained in perpetuity. This Addendum (LTMP Addendum) has been prepared to incorporate mitigation areas specific to the Scarlett Drive/Iron Horse Trail Extension Project into the Dublin Crossing LTMP. This LTMP Addendum covers the 691 linear feet (0.79 acre) of restored canal within Canal 2 associated with the project. A separate Mitigation and Monitoring Plan (MMP) Addendum for the Scarlett Drive/Iron Horse Trail Extension Project -related mitigation has been prepared (MMP Addendum). The MMP Addendum is being submitted to the Corps, RWQCB, and CDFW concurrently with this LTMP for review and approval. Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC Long Term Management Plan 1 November 4, 2020 SECTION 2. LOCATION AND DESCRIPTION OF SCARLETT DRIVE RESTORATION AREAS The approximately 157.6-acre Dublin Crossing development project site (wherein the Scarlett Drive Restoration Areas are located) is located within the 2,484-acre Parks Reserve Forces Training Area (Camp Parks) in the City of Dublin, Alameda County, California. The Scarlett Drive Restoration Areas are located within Canal 2, approximately 1.0 mile northeast of the interchange of Interstate Highways 580 and 680, immediately north of Dublin Boulevard and west of Arnold Road (Figure 1). Canal 2 is a partially encased, partially concrete -lined, trapezoidal channel that flows primarily along Arnold Road immediately east of the eastern boundary of the Dublin Crossing Mitigation Site. Because Canal 2 is highly disturbed, with significant portions lined by concrete and riprap, it is largely unvegetated with margins that are dominated by ruderal vegetation and ornamental trees. Canal 2 begins as a concrete -lined channel northeast of the Dublin Crossing Mitigation Site in the Tassajara Creek Regional Park. The 1961 USGS Quadrangle map shows an unnamed drainage near the beginning of this canal; Canal 2 was likely constructed to direct runoff from this drainage and the surrounding watershed to circumvent the proximal residential and commercial developments. The Scarlett Drive Restoration Areas were selected as a mitigation site for project -related impacts to their proximity to the impacted waters of the U.S./State (approximately 0.7 mile northeast of the impact site), and the ideal opportunity to restore the functions and values within the canal that have been lost due to placement of rip rap and concrete within the canal, as well as the historic management practices of the area within and adjacent to the canal. The restoration this canal, described in detail in the MMP Addendum, will restore the natural form and function of these features, and improve the functions and services they provide through the recontouring and revegetating of the banks via the implementation of a riparian planting plan. Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC Long Term Management Plan 2 November 4, 2020 SECTION 3. LAND OWNERSHIP, FUNDING, AND LEGAL PROTECTION 3.1 LAND OWNER AND CONSERVATOR The Scarlett Drive Restoration Area will be owned by the Zone 7 Water Agency (Zone 7), the public agency which will also act as Land Manager in accordance with the Dublin Crossing LTMP. Zone 7 will also act as the Land Conservator in accordance with the terms and conditions defined in Dublin Crossing LTMP (and addenda), and the terms defined in the Deed Restriction for the Scarlet Drive Restoration Area (Appendix B). Note that there is a draft of a Deed Restriction located in the body of the Long -Term Management Plan (Dated April 5, 2017), in Appendix A that is superseded by the Deed Restriction in Appendix B. 3.2 FUNDING An adequate funding mechanism will be in place to pay for the long-term management and monitoring obligations of the Land Manager prior to Project -related discharges into waters of the U.S./State. Table 1 summarizes the anticipated costs of long-term management for the Scarlett Drive Restoration Areas. These costs include estimates of additional time and funding needed to conduct and coordinate basic monitoring site surveys and reporting, weed abatement, trash removal, and infrastructure repair within the Scarlett Drive Restoration Areas, to be conducted concurrently with the maintenance and management tasks of the Dublin Crossing Mitigation Site. The total annual additional cost for required tasks has been estimated to be approximately $6,025. An additional 10% of annual costs has been added to this total as a contingency fund to pay for unanticipated items and activities necessary to meet the goal of the conservation area. Accordingly, the total required annual funding is anticipated to be approximately $6,627.50. The applicant is proposing to fund the operations and maintenance through monies deposited into the existing Dublin Crossing Mitigation Site Endowment account. It is expected that the capitalization of the endowment account balance (capitalization and principal) will reach an amount that will fully fund the annual operations and maintenance via endowment returns. At the ROI rate of 1.5%, in order to sufficiently fund the long-term maintenance and monitoring of the Scarlett Drive Mitigation Area within Canal 2, the total additional contribution to the Dublin Crossing Mitigation Site Endowment will be $380,000 (see Table 1). This account will mature (without withdrawal) during the performance monitoring period of the mitigation site (expected to be ten years) during which all management and maintenance responsibilities will be borne by the applicant. Zone 7 will hold the endowment principal and interest monies required in a Special Deposit Fund, and will only draw from the interest (or investment returns) (i.e., the endowment fund will be a non -wasting account capable of producing minimum returns to fund the long-term management and monitoring activities for the Scarlett Drive Restoration Areas in a manner consistent with the Dublin Crossing LTMP). 3.3 LEGAL PROTECTION The Scarlett Drive Restoration Areas will be set aside and protected by recorded deed restriction with the goal of keeping the canals in a condition that preserves their significant biological, hydrologic, and topographic features, as much as is reasonably possible, for the benefit of the land and for public enjoyment. The deed restrictions will be recorded with Alameda County, and will run Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC Long Term Management Plan 3 November 4, 2020 with the land in perpetuity. The deed restrictions will limit land uses and management of the Scarlett Drive Restoration Areas to ensure protection of the biotic resources (i.e. protect conservation values). Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC Long Term Management Plan 4 November 4, 2020 List of Figures Figure 1. Scarlett Drive/Iron Horse Trail Extension Project Mitigation Map Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC Long Term Management Plan November 4, 2020 n 1. 1 • 1P. L _ • •• 1.1, �::= : • • • . *. Inset Map I w ' - si 4 M!1► I 7. sag ♦ • • �,�• " a e . ~N^ See Inset Map mrl i'j1, . 'i • • i •.I �. •••• •• ♦ •• • i••• . •�• $ s I l 4 . t le r--Y -J- ,, ;'.1»r.-,- _ I�.1_ --1i ; — Dublin Crossing Off -site Mitigation 1�.� •- . e.y •-_.••• 'iIM•i•i•isdrr ' _1-� H�R¢oN PKWY —J ' 0.119 ac. / 520 LF ! — HORIZON PKWY A 0 "' " I, I I Dublin Crossing Off site Mitigation � a ' eto --p 0 -1 ti -' ' • Dte 1 1 -i v ____.}1, J Channel:Scarlett0.024rive0ff-siac. / 354 LFMitigation 0.093 / 403 LF 1- -11 CENTRAL PKWY Riparian Area: 0.372 ac. ac. I t_ 1 0.062 ac. / 357 LF - t Dublin Crossing Off -site Mitigation • ' 0.046 ac. / 190 LF Z • 0.055ac./230LF z 0.091 ac / 525 LF _ r I ,l 11'1!• ,'• _ , .• CENTRAL PKWY •+•/� \ • to DUBLIN BLVD.;I` —71 , ` �a --- T ./ri t,z_t ice ' , Dublin Crossing Off -site Mitigation rn ♦ �r�.^ ' ! 5t. . • ',0\\{ —1.—-........4777 O -4 J� �• ��I l 4r I Ws��E y + �, s, �i i � 0 250 500 I I 1 0 150 300 I I I I f • SCALE IN FEET SCALE IN FEET ❑ Scarlett Drive Project Area (8.4 acres) Dublin Crossing Off -site Mitigation Restored Riparian Area San Ramon �• Pd ,�'R' "9° °`'� -51d B,�� r .„, - >`' 1 ° ': SCARLETT DRIVE/IRON HORSE TRAIL EXTENSION PROJECT Scarlett Drive On -site Mitigation (2,225 linear feet (0.466 acres)) � ,. m a A= ' Dublin, California Scarlett D Drainage Ditch Relocation: 2,225 linear feet (0.466 acre) Restored Channel Drive Off -site Mitigation (691 linear feet (0.790 acre)) i- 4 z °° I. a,.. cs,r° �I�=-�=— P� - A Inum,e -- Mitigation Map R Riparian Area Restoration (0.743 acre) Channel Restoration: 691 linear feet (0.047 acre) s cndq.p .9 a� s o cos, .Ave I. ...Aveasl Ave ,•''Hayward ny 3' _ 5,..,,,.y 51w. Livermore P on , m 1C8n'n .=I, rw'"tl BNn Pleasanton � e'Rd ^ Created/Revised: 10/11/2019 J Camino' List of Tables Table 1. Scarlett Drive Restoration Areas Long -Term Maintenance and Management Cost Table Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC Long Term Management Plan November 4, 2020 Table 1. Scarlett Drive Mitigation Area within Canal 2 Long -Term Maintenance and Management Cost Table Estimated Additional Endowment Costs for Long -Term Resources Management Associated with the Scarlett Drive Mitigation Area within Canal 2 Activity/ Actions Responsibilit Frequency Cost Per Required y Required Actions Required Unit Number of Units Cost Per Unit Task Annual Cost Part 1. Monitoring and Management Costs Element A.1 - Aquatic Resources Biannual Monitor Aquatic Monitoring (Wet Walking survey: documentation of erosion/sedimentation/debris, Hours 1 $ 135.00 $ $ 270.00 Resources Biologist Season/ photodocumentation 135.00 Dry Season) Element A.2 - Vegetation Biannual Monitor Wetland Monitoring (Wet Walking survey: documentation of plants/wildlife quantity and Hours 1 $ 135.00 $ $ 270.00 Vegetation Biologist Season/ composition, photo -documentation 135.00 Dry Season) Biannual Monitor Riparian Monitoring (Wet Walking survey: documentation of plants/wildlife quantity and $ Vegetation Biologist Season/ composition, photo -documentation Hours 1 $ 135.00 135.00 $ 270.00 Dry Season) Contract Tree/Shrub Pruning Manual Annually Hand labor Hours 2 $ 100.00 $ $ 200.00 Labor 200.00 Biannual Walking survey: documentation and mapping of invasive species Monitor Invasive Monitoring (Wet vegetative cover, research appropriate methods for removal, Hours 1 $ 135.00 $ $ 270.00 Species Biologist Season/ Dry Season) photodocumentation 135.00 Weed/Thatch Contract $ Removal Manual Annually Hand labor/Mowing Hours 2 $ 100.00 200.00 $ 200.00 Labor Pre -mowing nesting bird survey: inspect all suitable nesting habitat to be Monitoring Once Every $ Biologist 3 Years directly or indirectly impacted by mowing, set up nondisturbance buffer if necessary Hours 2 $ 135.00 270.00 $ 90.00 Addendum to the Dublin Crossing Long Term Management Plan Johnson Marigot Consulting, LLC November 4, 2020 Element B.1 - Public Access Maintenance of Signs Land Manager Monthly Walking survey: assess condition of signs, coordinate necessary repairs or replacement Hours 0.5 $ 150.00 $ 75.00 $ 900.00 Maintenance of Barriers to Entry Land Manager Annually Walking survey: assess condition of barriers to entry (plants/infrastructure), coordinate necessary repairs or replacement Hours 1 $ 150.00 $ 150.00 $ 150.00 Element B.2 - Trash and Trespass Trash Land Manager Monthly Walking survey: document trash location and extent, coordinate with City of Dublin for removal efforts Hours 1 $ 150.00 $ 150.00 $ 1,800.00 Trespass Land Manager Annually Walking survey: document signs of tresspass, coordinate with City of Dublin for remedial efforts Hours 1 $ 150.00 $ 150.00 $ 150.00 Element B.3 - Fire Hazard Reduction Contract Fuel Removal Manual Labor Late Spring Hand labor/Mowing Hours 4 $ 100.00 $ 400.00 $ 400.00 Monitoring Biologist Annually Pre -mowing nesting bird survey: inspect all suitable nesting habitat to be directly or indirectly impacted by mowing, set up nondisturbance buffer if necessary Hours 2 $ 135.00 $ 270.00 $ 270.00 Replacement Time and Materials LanSigns Mandager Annually Signs Sign 1 $ 200.00 $ 200.00 $ 200.00 LanMandager Annually Sign removal and installation Hours 1 $ 150.00 $ 150.00 $ 150.00 Planting Material Late Fall Shrubs Shrub 1 $ 135.00 $ 135.00 $ 135.00 Late Fall Trees Tree 1 $ 50.00 $ 50.00 $ 50.00 Late Fall Seeds Poun d of Seeds 1 $ 50.00 $ 50.00 $ 50.00 Contract Manual Labor Late Spring Plant removal and installation Hours 2 $ 100.00 $ 200.00 $ 200.00 Total Annual Itemized Costs $ 6,025.00 Addendum to the Dublin Crossing Long Term Management Plan Johnson Marigot Consulting, LLC November 4, 2020 Contingency (Annual Costs) Contingency Land Manager Annually Fund to cover unanticipated items and activities necessary to meet the goal of the conservation area Items $6,025.00 10% $ 602.50 $ 602.50 Total Annual Costs with Contingency $ 6,627.50 Funding Income One Time Receive endowment funds and contribute to existing endowment for the Single Funding Zone 7 Payment Dublin Crossing Mitigation Site Payment $6,627.50 ROI 1.25% Endowment $ 380,000.00 Endowment Requirements for Annual Long -Term Management and Maintenance $ 380,000.00 Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC Long Term Management Plan November 4, 2020 List of Appendices Appendix A. Long -Term Management Plan, Dublin Crossing (prepared by Johnson Marigot Consulting, LLC., dated April 2017) Appendix B. Proposed Deed Restriction for the Scarlet Drive Restoration Area Addendum to the Dublin Crossing Long Term Management Plan November 4, 2020 Johnson Marigot Consulting, LLC APPENDIX A LONG-TERM MANAGEMENT PLAN DUBLIN CROSSING 620 6th Street Dublin, Alameda, California USACE File # SPN-2012-00103S CIWQS Place ID No. 812873 Date: April 5, 2017 Prepared by: Johnson Marigot Consulting, LLC Ms. Sadie McGarvey 88 North Hill Drive, Suite C Brisbane, California 94005 Prepared for: Dublin Crossing, LLC Ms. Trece Herder 4750 Willow Road, Suite 150 Pleasanton, California 94588 /111,11 JOHNSON MARIGOT CONSULTING, LLC DUBLIN CROSSING LONG-TERM MANAGEMENT PLAN CONTENTS SECTION 1. INTRODUCTION 1 1.1 Responsible Parties 1 1.1.1 Applicant / Permittee 1 1.1.2 Preparer of the Long -Term Management Plan 1 1.1.3 Onsite Mitigation Land Owner and Land Manager 2 SECTION 2. LOCATION AND DESCRIPTION RESTORATION AND ENHANCEMENT AREAS 3 2.1 Surrounding Land Use 3 SECTION 3. LAND OWNERSHIP, FUNDING, AND LEGAL PROTECTION 6 3.1 Land Owner and Conservator 6 3.2 Existing Easements 6 3.3 Funding 6 3.4 Legal Protection 10 SECTION 4. MONITORING AND MANAGEMENT 11 4.1 Personnel 12 4.1.1 Land Manager 12 4.1.2 Monitoring Biologist 13 4.2 Methods 13 4.2.1 Establishment of Baseline Conditions 13 4.2.2 General Site Inspections 14 4.2.3 Assessment of Impacts 14 4.2.4 Management 14 4.2.5 Task Prioritization 15 4.3 Reporting 15 SECTION 5. BIOLOGICAL RESOURCES 16 5.1 Element A.1- Aquatic Resources 16 5.2 Element A.2- Vegetation 17 5.2.1 Seasonal Wetland and Riparian Vegetation 17 5.2.3 Non -Native Invasive Species 18 SECTION 6. SECURITY, SAFETY, AND PUBLIC ACCESS 20 6.1 Element B.1 - Public Access 20 6.2 Element B.2 - Trash and trespass 21 6.3 Element B.3 - Fire Hazard Reduction 21 6.4 Element B.4 - Emergencies 21 SECTION 7. PROHIBITED ACTIVITIES 23 SECTION 8. TRANSFER, REPLACEMENT, AMENDMENTS, AND NOTICES 25 8.1 Transfer 25 8.2 Replacement 25 8.3 Amendments 25 8.4 Notices 25 LIST OF FIGURES Figure 1. Project Site and Vicinity Map Figure 2. Restoration and Enhancement Areas Map LIST OF TABLES Table 1. Site Management and Monitoring Activities, Level of Effort, Frequency and Cost LIST OF APPENDICES Appendix A. Deed Restriction Template UPDATED DEED RESTRICTION TEXT 04/05/21 Appendix B. Dublin Crossing City Easement Area Exhibit Appendix C. Baseline Condition Report and As -Built Map (Current Proposed Plans, to be replaced upon completion of success monitoring) SECTION 1. INTRODUCTION This Long -Term Management Plan (LTMP) has been established as part of compensatory mitigation for unavoidable impacts to waters of the U.S. associated with the Dublin Crossing Project, and to conserve and to protect aquatic resources with the restored, enhanced, and protected areas within the Dublin Crossing Project site ("Restoration and Enhancement Areas"). Aquatic resources within the Restoration and Enhancement Areas will include a minimum of 0.70 acre of seasonal wetlands and 3,314 linear feet of other waters of the U.S./State. This LTMP has been prepared to ensure the proposed mitigation is managed, monitored, and maintained in perpetuity. This LTMP establishes objectives, priorities and tasks to monitor, manage, maintain, and report on the aquatic resources within the Restoration and Enhancement Areas. This LTMP is a binding and enforceable instrument, implemented by a deed restriction covering the Restoration and Enhancement Areas. This LTMP covers the 1960 linear feet of restored and enhanced canals and 0.34 acre of created seasonal wetland within the 5.47-acre Chabot Canal (aka, "Canal 1") Restoration and Enhancement Area and the 1354 linear feet of restored and enhanced canals and 0.36 acre of created seasonal wetland within the 0.42-acre Canal 2 Restoration Area and the 2.03-acre Canal 2 Enhancement Area (totaling 7.92 acres and collectively referred to as the Restoration and Enhancement Areas). A separate Mitigation and Monitoring Plan (MMP) has been prepared for the wetlands and canals that are being created, enhanced, and restored in association with the Dublin Crossing Project. The MMP is being submitted to the Corps, RWQCB, and CDFW concurrently with this LTMP for review and approval. 1.1 RESPONSIBLE PARTIES 1.1.1 APPLICANT/PERMITTEE Dublin Crossing, LLC Ms. Trece Herder 4750 Willow Road, Suite 150 Pleasanton, California 94588 1.1.2 PREPARER OF THE LONG-TERM MANAGEMENT PLAN Johnson Marigot Consulting, LLC 88 North Hill Drive, Suite C Brisbane, CA 94005 Dublin Crossing 1 Johnson Marigot Consulting, LLC Long -Term Management Plan April 2017 Contact: Cameron Johnson, Principal (415) 602-2970 1.1.3 ONSITE MITIGATION LAND OWNER AND LAND MANAGER Zone 7 Water Agency 100 North Canyons Parkway Livermore, CA 94551 Contact: Carol Mahoney, Manager of Integrated Water Resources (925) 454-5064 Dublin Crossing 2 Johnson Marigot Consulting, LLC Long -Term Management Plan April 2017 SECTION 2. LOCATION AND DESCRIPTION RESTORATION AND ENHANCEMENT AREAS The approximately 157.6-acre Dublin Crossing development project site (wherein the Restoration and Enhancement Areas are located) is located within the 2,484-acre Parks Reserve Forces Training Area (Camp Parks) in the City of Dublin, Alameda County, California. The project site is located approximately 1.0 mile northeast of the interchange of Interstate Highways 580 and 680, immediately north of Dublin Boulevard and northeast of the Iron Horse Regional Trail (Figure 1). Two canals transect the Dublin Crossing development project site, flowing roughly northeast to southwest through the center (Chabot Canal) and southeast corner (Canal 2) of the development project site. The northernmost segment of Canal 2 occurs outside the development project boundary, but a portion of the canal occurs within the development project envelope, and impacts and the associated restoration will occur within the Canal 2 Restoration Area. Both canals are channelized and highly disturbed, partially concrete - lined and partially rip -rap enforced. The restoration, enhancement, and creation of seasonal wetlands within these canals, described in detail in the MMP, will restore the natural form and function of these features, and improve the functions and services they provide through the recontouring and revegetating of the banks via the implementation of a riparian and wetland planting plan (Figure 2). 2.1 SURROUNDING LAND USE The greater Dublin area has experienced significant growth since its incorporation in 1982 (approximately 93% since 1990; 46% since 2000), with much of the resulting residential and commercial development focused in the vicinity of the project site and eastward. Immediately surrounding Camp Parks, intensive residential development has occurred and continues to expand along Tassajara Road and Camino Tassajara to the northeast, Bollinger Canyon Road and Windermere Parkway to the north, and Dublin Boulevard to the southeast. Currently much of the area surrounding the project site, as well as the larger Camp Parks site, is largely developed lands under relatively dense residential and/or commercial use. Dublin Crossing 3 Johnson Marigot Consulting, LLC Long -Term Management Plan April 2017 Figure 1. Project Site and Vicinity Map Dublin Crossing Long -Term Management Plan 4 Johnson Marigot Consulting, LLC April 2017 Figure 2. Restoration and Enhancement Areas Map IIIIIIIIIIII IDI 1111 IIII IBI INI di •I ICE � .■�,� -_�Iry r;tirtir.ar+r;titi _ON Nis r. •1 ~it .1 4:11 L,II III T .r %.-113 trsikpr LEGEND: wm . awe ) - 0 "1M NO CITY MAINTAINED CULVERT (WITH EASEMENTS AS NEEDED) CITY MAINTAINED BRIDGE IAMB iJn 14-1 MMus CITY MAINTAINED CULVERT Rai riFal rr11lIlrr++II �nnlILl IMagi ■i 0.19*- ACRE SEASONAL WETLAND IBM 73 ■I1MAIM rlrla.3 .1, ram■ I.11 •11 IN T/, WI AM Wol WA IA IME CU, Ali ■■, .■ ■■. ■■. ■■ ■■. ■o. L■1w■J Obi _i JUIL p■ rw■J r■. +rrr Li+ • 1 NMI ILe ■• ■11 •■r ■11 ■■ .1, .11 I�.uuuu�r.� IIF•rII'IIIW lull: ■■ NEB . L■�w■J EE ta 000 11 ‘i 000 141-111 WM NM 73 4LJ(t ,i rriaM E•m. ■ CITY NNTAINED CULVERT ■_I EtwiD ■11 V...' . '721 r T?T CITY MAINTAINED CULVERT �_- 193± LF 1126* LF I 249, LEI IIIIIIIIIIt IIIIIIIIu �� dill I� "ill ilk - IIIIIIIIII IIIIIIIIII III11111p MOWN _ al PRESERVE AREA WITH DEED RESTRICTION (CANAL 1 - 1960± LF & 0.35,- ACRE SEASONAL WETLANDS, CANAL 2 - 1354! LF & 0.37* ACRE SEASONAL WETLANDS) ••••••DUBLIN CROSSING PROJECT BOUNDARY I � - 150' E, LI 140± LF 1846± LF I 0.37± ACRE SEASONAL WETLANDS SHEET 1 OF 2 DUBLIN CROSSING APPENDIX D EXHIBIT , OF DUBLIN CALIFORNIA MACKAY MSNIPS PrfirviON I ix-001,12017 ,80 No. 0 Ioce P.\19814\RLN\DN-f\RNNI1 DNI(tli\DH{MNL I s 2 wPDdM-0.GxG SECTION 3. LAND OWNERSHIP, FUNDING, AND LEGAL PROTECTION 3.1 LAND OWNER AND CONSERVATOR It is anticipated that the Restoration and Enhancement Areas will be owned by the Zone 7 Water Agency (Zone 7), the public agency which will also act as Land Manager in accordance with this LTMP. Zone 7 will also act as the Land Conservator in accordance with the terms and conditions defined in this Management Pan, and the terms defined in the Deed Restriction for the Restoration and Enhancement Areas. As Land Conservator, Zone 7 will be responsible for the conservation of the Restoration and Enhancement Areas to meet conservation goals. The Restoration and Enhancement Areas will be encumbered with a deed restriction, recorded with the County of Alameda, to run with the land in perpetuity. The deed restriction will limit land uses and management of the Restoration and Enhancement Areas to ensure protection of the biotic resources (i.e. protect conservation values). A copy of the deed restriction template is included as Appendix A. 3.2 EXISTING EASEMENTS Due to the proximity of the Restoration and Enhancement Areas to a City -owned park and adjacent residential and commercial uses, an easement will be granted to the City of Dublin to allow for access through a section of the Restoration and Enhancement Areas for active maintenance activities (generally including clean-up, abatement of garbage, and maintenance of infrastructure), as well as emergency ingress and egress. This easement will be recorded on Chabot Canal between Horizon Parkway and Scarlett Drive (Appendix B). Maintenance activities are described below. 3.3 FUNDING An adequate funding mechanism will be in place to pay for the long-term management and monitoring obligations of the Land Manager prior to Project -related discharges into waters of the U.S. Table 1 summarizes the anticipated costs of long-term management for the Restoration and Enhancement Areas. These costs include estimates of time and funding needed to conduct and coordinate basic monitoring site surveys and reporting, weed abatement, trash removal, and infrastructure repair. As the Restoration and Enhancement Areas are completely surrounded by residential and municipal uses, the majority of the expected long-term maintenance costs are related to clean-up and monitoring activities - there are no projected significant costs related to installation and maintenance of fencing. In addition, although it is not reflected in this document, the City of Dublin is expected to contribute directly to maintenance activities within the Restoration and Enhancement Areas, primarily related to clean-up and abatement of garbage, and maintenance of established trails. Dublin Crossing 6 Johnson Marigot Consulting, LLC Long -Term Management Plan April 2017 The total annual cost for required tasks has been estimated to be approximately $20,615 for the first three years of long-term monitoring and management (wherein annual reporting is required) and $18,255 for Monitoring Year 4 and beyond (wherein required reporting reduces to every three years). An additional 15% fee has been added to these totals for administrative fees. Accordingly, the total required annual funding is anticipated to be $23,707 for the first three years of long-term monitoring and management and $20,993 for Monitoring Year 4 and beyond. The applicant and Zone 7 Water Agency, are proposing to fund the operations and maintenance through monies deposited into an endowment account. It is expected that the capitalization of the endowment account balance (capitalization and principal) will reach an amount that will fully fund the annual operations and maintenance via endowment returns. At an average annual funding rate of $21,000, and a projected 3.5% return rate, the total endowment amount required will be $600,000. Zone 7 will hold the endowment principal and interest monies required in a Special Deposit Fund, and will only draw from the interest (or investment returns) (i.e., the endowment fund will be a non -wasting account capable of producing minimum returns to fund the long-term management, enhancement, and monitoring activities for the Restoration and Enhancement Areas in a manner consistent with this LTMP). The additional maintenance that will be performed by the City (trash removal) has already been funded through a cash endowment that the project is required to fund for park maintenance through its Development Agreement. Dublin Crossing 7 Johnson Marigot Consulting, LLC Long -Term Management Plan April 2017 Monitor Wetland Vegetatic Monitor Riparian Vegetation Tree/Shrub Pruning Monitor Invasive Species Weed/Thatch Removal Table 1. Site Management and Monitoring Activities, Level of Effort, Frequency and Cost. General Site Management & Monitoring Activities Description Staff Level of Effort Cost per Unit Cost per Task Schedule Annual Cost Reporting *broken into two sections based on monitoring year Long-term Monitoring Years 1-3 Long-term Monitoring Years 4+ Prepare required documentation for submittal to permitting agencies Review monitoring reports, prescribe LTMP alterations based on data collected, Agency coordination Prepare required documentation for submittal to permitting agencies Review monitoring reports, prescribe LTMP alterations based on data collected, Agency coordination Element A.1 - Aquatic Resources Monitor Aquatic Resources Walking survey: documentation of erosion/sedimentation/debris, photo - documentation Element A.2 - Vegetation Walking survey: documentation of plants/wildlife quantity and composition, photo -documentation Walking survey: documentation of plants/wildlife quantity and composition, photo -documentation Hand labor Walking survey: documentation and mapping of invasive species vegetative cover, research appropriate methods for removal, photodocumentation Hand labor/Mowing Pre -mowing nesting bird survey: inspect all suitable nesting habitat to be directly or indirectly impacted by mowing, set up non - disturbance buffer if necessary Monitoring Biologist Land Manager Monitoring Biologist Monitoring Biologist Monitoring Biologist Monitoring Biologist Monitoring Biologist Contract Manual Labor Monitoring Biologist Contract Manual Labor Monitoring Biologist 32 hours 4 hours 48 hours 8 hours 4 hours 2 hours 2 hours 16 hours 4 hour 32 hours 6 hours $135/hour $150/hour $135/hour $150/hour $4,320 $600 $6,480 $1,200 Annually; due August 15 Annually; due August 15 Every 3 Years; due August 15 Every 3 Years; due August 15 $4,320 $600 $2,160 $400 Biannual (Wet $135/hour $540 Season/ Dry $1,080 Season) Biannual (Wet $135/hour $270 Season/ Dry $540 Season) $135/hour $100/hour $135/hour $100/hour $135/hour $270 $1,600 $540 $3,200 $810 Biannual (Wet Season/ Dry $540 Season) Annually $1,600 Biannual (Wet Season/ Dry $1,080 Season) Annually $3,200 Once Every 3 Years $270 Element B.1 - Public Access Maintenance of Signs Walking survey: assess condition of signs, Land Manager 2 hours $150/hour $300 Annually $300 coordinate necessary repairs or replacement Maintenance of Barriers Walking survey: assess condition of barriers to Entry to entry (plants/infrastructure), coordinate Land Manager 2 hours $150/hour $300 Annually $300 necessary repairs or replacement Element B.2 - Trash and Trespass Walking survey: document trash location Trash and extent, coordinate with City of Dublin Land Manager 2 hours $150/hour $300 Monthly $3,600 for removal efforts Walking survey: document signs of Trespass tresspass, coordinate with City of Dublin for Land Manager 2 hours $150/hour $300 Annually $300 remedial efforts Element B.3 - Fire Hazard Reduction Fuel Removal Hand labor/Mowing Contract Manual Labor 24 hours $100/hour $2,400 Late Spring $400 Pre -mowing nesting bird survey: inspect all suitable nesting habitat to be directly or indirectly impacted by mowing, set up non- Monitoring Biologist 6 hours $135/hour $810 Yearly $810 disturbance buffer if necessary Replacement Time and Materials Signs Planting Material Signs 1 Sign $200/sign $200 Annually $200 Sign Removal and Installation Land Manager 2 hours $150/hour $300 Annually $300 Shrubs/Trees/Seeds 1 Tree $50/tree $50 Late Fall $50 3 Shrubs $25/shrub $75 Late Fall $75 5 lbs of Seed $50/lb $250 Late Fall $250 Plant Removal and Installation Contract Manual Labor 8 hours $100/hour $800 Late Spring $800 Subtotal for Monitoring Years 1-3 $20,615 Zone 7 Administration 15% $3,092 Total Annual Cost for Monitoring Years 1-3 $23,707 Subtotal for Monitoring Years 4+ $18,255 Zone 7 Administration 15% $2,738 Total Annual Cost for Monitoring Years 4+ $20,993 3.4 LEGAL PROTECTION The restored and enhanced canals (including the created wetlands) will be set aside and protected by recorded deed restriction with the goal of keeping the canals and the aquatic resources therein in a condition that preserves their significant biological, hydrologic, and topographic features, as much as is reasonably possible, for the benefit of the land and for public enjoyment. The deed restrictions will be recorded with Alameda County, and will run with the land in perpetuity. The deed restrictions will limit land uses and management of the Restoration and Enhancement Areas to ensure protection of the biotic resources (i.e. protect conservation values). A copy of the Deed Restriction template is included in Appendix A. Dublin Crossing 10 Johnson Marigot Consulting, LLC Long -Term Management Plan April 2017 SECTION 4. MONITORING AND MANAGEMENT The overall goal of long-term management of the Restoration and Enhancement Areas is to foster the long-term viability of the site's aquatic resources and restored riparian habitat. Routine monitoring and maintenance tasks are intended to assure the viability of the mitigation in perpetuity. The approach to the long-term management of the site's biological resources is to conduct biannual site evaluations and monitoring of selected characteristics to determine the stability and ongoing trends of the restored and enhanced aquatic resources. While it is not anticipated that major management actions will be required, one objective of long-term management is to identify any issues that arise and use adaptive management to determine what actions might be appropriate. "Adaptive Management" is an approach to natural resource management which incorporates changes to management practices based on site -specific information gathered over time in association with the development of new management technologies and practices. This approach will allow the Land Manager to make changes to standard management techniques/practices to support specific land management goals for the Restoration and Enhancement Areas. Adaptive management may also include those activities necessary to address the effects of climate change, fire, flood, or other natural events, force majeure, etc. Before considering any adaptive management changes to the long-term management plan, the Land Manager will consider whether such actions will help ensure the continued viability of Restoration and Enhancement Areas' biological, hydrological, and physical resources, and whether the changes support the goal of maintaining (or improving upon) the established baseline condition. Any adaptive management that significantly changes the overall land management goal or deviates from the Baseline Condition (see Section 4.2.1, below), must be conducted in conjunction with consultation with the agencies overseeing the required mitigation in the Restoration and Enhancement Areas (USACE, RWQCB, and CDFW) (permitting agencies). The Land Manager will manage the Restoration and Enhancement Areas so that they continue to provide the suite of physical, chemical, and biological functions associated with the restored, enhanced, and created aquatic resources and vegetation. All monitoring and survey activities are intended to inform the Land Manager and the permitting agencies on the on -going status of the Restoration and Enhancement Areas, to inform whether management goals are being met, whether management activities need to be modified, and to report on on -going costs associated with management. Dublin Crossing 11 Johnson Marigot Consulting, LLC Long -Term Management Plan April 2017 4.1 PERSONNEL The Land Conservator and Manager, Monitoring Biologist, and/or other qualified personnel are the primary personnel that will cooperatively oversee, monitor, and coordinate the maintenance of the Restoration and Enhancement Areas. These entities will work together to accomplish the management of the Restoration and Enhancement Areas by performing their individual duties (outlined herein) and exchanging information. These roles are outlined below; all positions are expected to be filled by Zone 7 personnel or its designates. 4.1.1 LAND MANAGER It is anticipated that the Restoration and Enhancement Areas will be managed by Zone 7 pursuant to this LTMP. It is the Land Manager's duty to implement this LTMP, managing and monitoring the Restoration and Enhancement Areas in perpetuity to preserve their habitat and conservation values in accordance with the deed restriction. The Land Manager is intended to be the primary responsible party for all aspects of land management pursuant to this LTMP, and will coordinate with the City of Dublin, the Monitoring Biologist, and the Regulatory Agencies as necessary to meet management goals. The Land Manager will act as the primary point of contact regarding the Restoration and Enhancement Areas and their management, and will provide the qualifications of all management parties, including the Land Manager, designated Monitoring Biologist(s), and any other parties employed for purposes of monitoring or management to the permitting agencies. The Land Manager will maintain a file for all monitoring, maintenance, and management information for the Restoration and Enhancement Areas. This file will include a record of all management and maintenance -related activities, correspondence, and biological determinations regarding the Restoration and Enhancement Areas, in addition to a copy of the Deed Restriction and the most updated version of the LTMP. Long-term management tasks will include, but not be limited to, the following: • Biannual Monitoring - Biological baseline monitoring - Vegetation monitoring - Habitat function and value monitoring • Active management to meet Management Goals - Invasive plant/animal management - Fire (fuel) management - Maintenance of infrastructure/signage - Garbage removal/vandalism Dublin Crossing 12 Johnson Marigot Consulting, LLC Long -Term Management Plan April 2017 - Sedimentation/erosion - Infrastructure maintenance • Corrective action to ensure the performance of habitats within the Restoration and Enhancement Areas • Other responsibilities identified in the Baseline Condition report 4.1.2 MONITORING BIOLOGIST The Land Manager will coordinate biannual monitoring surveys of the site, to be conducted by a qualified biological monitor (Monitoring Biologist). The Monitoring Biologist will have the knowledge, training, and experience to accomplish monitoring responsibilities. The Monitoring Biologist will collect and review monitoring data and coordinate with the Land Manager to determine appropriate management actions. Monitoring Biologist tasks will include, but not limited to, the following: • Conduct site surveys to evaluate general site conditions • Conduct aquatic resource assessment • Conduct native and invasive vegetation assessment • Recommend remedial action to the Land Manager • Prepare reports required by this LTMP • Assist in reviewing or planning restoration activities 4.2 METHODS 4.2.1 ESTABLISHMENT OF BASELINE CONDITIONS At the end of the 10-year success monitoring period, a detailed report outlining the condition of the Restoration and Enhancement Areas will be prepared. In addition to a qualitative discussion of general site conditions, this report will include the post- restoration/enhancement confirmed jurisdictional determination map (to be prepared prior to agency sign -off on the mitigation project), vegetation map showing distribution of vegetation types, and an outline of management recommendations based on the data and observations collected during the 10 years of success monitoring. The success monitoring described in the MMP and the preparation of a Baseline Conditions Report is the responsibility of the applicant and not the responsibility of the Land Manager. An As -Built map will be prepared to document the location of installed structures and activity areas (as approved by the agencies). The As -Built map will include the following: location of all bridges (vehicle and pedestrian), trails, access roads, access control structures (fences, gates, bollards, etc.), Zone 7 access ramps, and any other structures or activity areas that have been located within the limits of the Restoration and Enhancement Areas. Dublin Crossing 13 Johnson Marigot Consulting, LLC Long -Term Management Plan April 2017 The Baseline Conditions Report and as -built map will be placed into Appendix C of this LTMP prior to transfer of the Restoration and Enhancement Areas to Zone 7. The current proposed plans have been included in Appendix C for reference, but will be replaced with the above referenced report/maps. These site conditions, present within the Restoration and Enhancement Areas at the time of agency and Zone 7 sign -off, will serve as baseline data for the maintenance and monitoring efforts outlined in this LTMP. The Land Manager will, at a minimum, commit to maintenance of the baseline conditions, but will endeavor to improve site conditions beyond existing conditions when practicable. 4.2.2 GENERAL SITE INSPECTIONS At least two annual site surveys will be conducted to ensure the integrity of the Restoration and Enhancement Areas. The entire perimeter of the Restoration and Enhancement Areas will be inspected, and meandering transects will be walked through its interior; each created wetland will also be inspected during each site visit. During each site visit, photographs will be taken from the photo points established during the success monitoring period and other locations throughout the Restoration and Enhancement Areas that document current site conditions. General topographic conditions, hydrology, erosion, and vegetation cover and composition (including invasive species) will be noted, evaluated, and mapped during site examinations. General maintenance needs, trash accumulation, and vandalism will also be noted during these surveys. Site surveys will be conducted once in the wet season (roughly October through April) and once in the dry season (roughly May through September). Site conditions observed during site surveys will be compared to baseline conditions to determine the need for maintenance and/or remediation. 4.2.3 ASSESSMENT OF IMPACTS The Land Manager, Monitoring Biologist, and/or other qualified personnel, will assess any impacts to the Restoration and Enhancement Areas observed during site surveys. Through this assessment, it will be determined if immediate remediation is warranted, or if further monitoring of the impact should be conducted. If impacts to the Restoration and Enhancement Areas are observed, more frequent inspections will be conducted in order to more closely track the impact and/or ensure that remedial actions are effective. Corrective actions may range from agency enforcement against persons responsible, to simple removal of the source of impact (or the removal of material directly), to no action at all. 4.2.4 MANAGEMENT Minor corrective measures not requiring notification or approval from permitting agencies will be carried out by the Land Manager within 60 days of initial documentation, unless site Dublin Crossing 14 Johnson Marigot Consulting, LLC Long -Term Management Plan April 2017 conditions warrant delay (e.g., saturated soil conditions could reduce ability to make minor repairs, as such, it may be necessary to delay work until conditions improve). For larger corrective measures, requiring notification or approval from permitting agencies, the Land Manager will commence coordination with permitting agencies regarding necessary actions within 30 days of initial documentation. Significant impacts that require restorative grading followed by replanting will require approval of a restoration plan by the permitting agencies prior to implementation. 4.2.5 TASK PRIORITIZATION If new tasks or unforeseen circumstances are added to this LTMP in the future, prioritization of tasks (including tasks resulting from new requirements) may be necessary. The Land Manager will review task priorities and funding availability to determine which tasks will be implemented within a given year. In general, tasks are prioritized in this order: 1) required by a local, state, or federal agency; 2) tasks necessary to maintain or remediate habitat quality; and 3) tasks that monitor resources, particularly if past monitoring has not shown downward trends. Equipment and materials necessary to implement high priority tasks will also be considered priorities. Final determination of task priorities in any given year where there may be insufficient funding for all tasks will be determined in consultation with the permitting agencies. 4.3 REPORTING In order to document monitoring and maintenance techniques and findings, annual summary reports will be prepared and submitted for the first three years following the success monitoring period (and following agency release of success criteria). Upon establishment of the successful baseline condition (sign -off of completed mitigation by agencies), the transfer of all maintenance duties and responsibilities from the applicant to the Land Manager will be completed. After the three years of annual reporting have been completed, reporting will be reduced to once every three years. Reports will be completed and circulated to the permitting agencies and other parties by August 15 of each year. Reports will include the following components: • An overview of monitoring techniques and results • A comparison of qualitative and quantitative data taken during the monitoring period to baseline conditions and previous years • Photographs taken from photo stations and other locations that document the existing conditions of the Restoration and Enhancement Areas and their biological resources • Management recommendations Dublin Crossing 15 Johnson Marigot Consulting, LLC Long -Term Management Plan April 2017 SECTION 5. BIOLOGICAL RESOURCES The 7.92 acres within the Restoration and Enhancement Areas include 3,314 linear feet of enhanced and restored canal, supporting the same linear footage of other waters and 0.70 acre of created seasonal wetland, will collectively provide high -quality habitat for a number of plant and animal species. Biological monitoring of the Restoration and Enhancement Areas will occur in order to ensure that restored, enhanced, and created habitats continue to have appropriate vegetation composition and hydrology, to monitor the impact of anthropogenic influences, and to document natural successional changes to the Restoration and Enhancement Areas (e.g., recruitment of new plant species, alterations in channel sinuosity, etc.). As this plan lays out the long-term goals and management efforts for biological resources within the Restoration and Enhancement Areas, it is important to consider the natural processes that will impact these resources over time. It is likely that over time the sinuosity of the low -flow channel in the creek and canal will change, as allowed, within the confines of the banks. Similarly, over time, sediment transport within the creek and canal may cause minor changes in the location and size of the wetland features. In the absence of major erosion/aggradation that would lead to a decline in the biological functions and services of the Restoration and Enhancement Areas, or pose a safety hazard, these natural processes will be documented and allowed to proceed unimpeded. 5.1 ELEMENT A.1- AQUATIC RESOURCES Objective: Monitor, conserve, and maintain the mitigation site's aquatic resources. The creek channel, created wetlands, and riparian habitat present throughout the Restoration and Enhancement Areas has been restored, enhanced, and/or created to the benefit of the local watershed and biotic community, and has been designed to support a variety of native plants and animals. The aquatic resources within the Restoration and Enhancement Areas will be monitored and maintained to preserve conservation value and function, as established by baseline conditions. The main sources of potential impacts to aquatic resources within the Restoration and Enhancement Areas have been identified as erosion, sediment input, and debris accumulation within the restored and enhanced channels due to storm events and trespass. Tasks: • Each site survey will include a qualitative assessment of general hydrological condition, potential sources of pollutants that could impact water quality (e.g., oil/grease spills, loose soil that could be washed into the waterways), and potential or observed erosion in the form of headcuts, knickpoints, and/or erosional gullies and rilling. If erosion is Dublin Crossing 16 Johnson Marigot Consulting, LLC Long -Term Management Plan April 2017 observed, the Monitoring Biologist will determine the extent to which the erosion is likely to impact the Restoration and Enhancement Areas in an average rain year, and what management actions are necessary, if any. • Minor erosion should be corrected promptly with minor grading and reseeding with native hydroseed mixes, use of straw wattles, erosion control blankets, and other erosion control methods. Severe erosion control efforts may, on occasion, be necessary; in cases where these efforts trigger permitting requirements, the Land Manager will be required to attain regulatory permits. • When insufficiently managed, the flow of landscaping and storm water runoff from adjacent roadways and development can adversely impact the health of riparian plantings. When possible, the Land Manager will work to re -direct these nuisance flows such that natural hydrology can be restored. • Obstacles that may diminish the canals' ability to convey stormwater flows will either be removed immediately, or arrangements will be made to remove said obstacles as soon as is feasible. 5.2 ELEMENT A.2- VEGETATION Vegetation management will be conducted in light of baseline conditions of the Restoration and Enhancement Areas. Accordingly, vegetation will be managed to maintain the conservation value of the Restoration and Enhancement Areas, based on site conditions and data acquired through monitoring. 5.2.1 SEASONAL WETLAND AND RIPARIAN VEGETATION Objective: Monitor and manage vegetation to ensure continued survival of riparian habitat and seasonal wetland conditions throughout the Restoration and Enhancement Areas. Seasonal wetland and riparian communities occurring within the Restoration and Enhancement Areas may provide suitable habitat for various common and special -status plant and wildlife species. The riparian buffer and linear wetland features also protect the channel from siltation and runoff as well as erosive flows. As such, it is important to maintain sufficient and appropriate seasonal wetland and riparian vegetative quality and cover to provide necessary ecological and structural stability within the Restoration and Enhancement Areas. Tasks: • Each site survey will include a qualitative assessment (visual estimate of cover, composition, and health) of riparian vegetation. Additional actions deemed necessary to maintain the diversity and heath of riparian vegetation will be evaluated and prioritized. • If any of the native trees within the Restoration and Enhancement Areas become Dublin Crossing 17 Johnson Marigot Consulting, LLC Long -Term Management Plan April 2017 diseased and are a threat to other trees, removal will be allowed upon receipt of appropriate approvals from permitting agencies. Suitable mitigation for tree removal will be prescribed, approved by permitting agencies, and implemented by the Monitoring Biologist. • Landscaping that is adjacent to the restored and enhanced canals may have adverse effects on vegetation within the Restoration and Enhancement Areas. For example, if hydroperiod is artificially extended (e.g., by runoff from landscaping), the seasonality of the wetland vegetation and riparian vegetation may be effected, which could in turn affect the wetlands' and riparian buffer's ability to intercept flashy flows. Similarly, runoff from up -slope and/or upstream development projects may have the effect of altering the timing and volume of discharge of water which may alter the vegetative composition. The Land Manager will make reasonable efforts to control the effects of adjacent land uses on the Restoration and Enhancement Areas by controlling buffer space where possible, and by controlling runoff into Restoration and Enhancement Areas where it does not support the management goals. The Land manager will coordinate these efforts with the City of Dublin. 5.2.3 NON-NATIVE INVASIVE SPECIES Objective: Monitor and maintain control over non-native invasive species that diminish site quality. Invasive species threaten the diversity and abundance of native species through competition for resources, predation, parasitism, interbreeding with native populations, transmitting diseases, or causing physical or chemical changes to the invaded habitat. Prior to restoration and enhancement efforts, portions of the Restoration and Enhancement Areas have been dominated by a number of invasive species, some of which have become naturalized. Although the creeks will have been reconstructed and revegetated, it is likely that at some point, invasive species will disperse to the Restoration and Enhancement Areas, threatening the conservation values of the Restoration and Enhancement Areas. The California Invasive Plant Council (Cal-IPC) has prepared a list of non-native invasive plants that threaten the state's wildlands and categorized these species based on an assessment of the ecological impacts of each plant (i.e., the California Invasive Plant Inventory). The California Invasive Plant Inventory (Cal-IPC Inventory) categorizes plants as High, Moderate, or Limited, reflecting the level of each species' negative ecological impact in California. The Land Manager will consult the Cal-IPC Inventory for guidance on what species may threaten the site, and, as recommended by the Cal-IPC, focus efforts on early detection of invasive species as the most effect management approach to effectively eradicate invasive plant populations when they are small. Dublin Crossing 18 Johnson Marigot Consulting, LLC Long -Term Management Plan April 2017 In addition to the Cal-IPC Inventory, the University of California Statewide Integrated Pest Management Program (UC-IPM) provides a comprehensive list of and treatment/management prescriptions for invasive species. The Land Manager will consult this program for guidance on removal and management of invasive species, and these Integrated Pest Management (IPM) techniques (biological, mechanical, chemical, and combinations of these techniques) will be implemented as deemed necessary. Tasks: • Each site survey will include a qualitative assessment (e.g. visual estimate of cover) of potential or observed noxious weeds or other non-native species invasions. The Biological Monitor will evaluate the presence of invasive plant species during site surveys and recommend removal as necessary. Species management requires knowledge of the biology of the species, the available methods for controlling them, and the secondary effects of these methods; removal may be accomplished by hand, mechanical means, or restricted use of herbicides, as recommended by Cal-IPC and UC- IPM. • Thatch and non-native plant removal will be conducted at least once every three years. Mowing is an appropriate method of thatch removal in smaller open spaces. To be effective, cut material must be removed from the site after mowing is complete. When possible, mowing should be scheduled in coordination with invasive species control. To reduce the introduction of invasive plants by incidental transport of seed materials, all mowing equipment must be inspected and cleaned prior to entry into the open space. If mowing is to occur during the nesting season, a nesting bird survey will be conducted and survey notes/results will be included in the reports submitted to the permitting agencies. If nests are observed within the areas to be mowed, or in close proximity (50 feet for passerines and 200 feet for raptors) to the areas to be mowed, a non - disturbance buffer will be established by a qualified biologist, wherein mowing will not occur until the nestlings have fledged. If no nests are observed within the areas to be mowed, or in close proximity (50 feet) to the areas to be mowed, mowing may proceed. Dublin Crossing 19 Johnson Marigot Consulting, LLC Long -Term Management Plan April 2017 SECTION 6. SECURITY, SAFETY, AND PUBLIC ACCESS 6.1 ELEMENT B.1 - PUBLIC ACCESS Objective: Provide for safe, low -intensity public access and enjoyment of the Restoration and Enhancement Areas, while protecting aquatic resources and restored/enhanced habitat. While natural spaces have a positive impact on the public, human use of parks and preserves can often be detrimental to the environment, resulting in negative impacts such as trampled vegetation, presence of trash and pet feces, and negative visitor/wildlife interactions. As such, the Restoration and Enhancement Areas have been designed in such a way as to direct public access within the Restoration and Enhancement Areas to the footbridges that cross Chabot Canal (and associated trails that provide connectivity from one side of the creek to the other) at the three locations depicted in Figure 2. Designated trails traversing (footbridge access trails) and adjacent to the Restoration and Enhancement Areas are intended for passive recreational uses including biking, walking, and birding. Off -trail pedestrian access within the Restoration and Enhancement Areas will be discouraged through signage, strategically placed plantings, outreach activities, and education of residents. Access to the Restoration and Enhancement Areas for maintenance activities is allowed, but should be restricted to the immediate area where maintenance is occurring. Access to the Restoration and Enhancement Areas for emergency or law enforcement situations, by medical, fire, or law enforcement personnel/vehicles is allowed. Tasks: • While the Restoration and Enhancement Areas will not be fenced, the location of plantings will function as deterrents to public access throughout the Restoration and Enhancement Areas. Access -control plantings/structures will be maintained in good working condition. • Signage will be installed at all entry points and various areas along the Restoration and Enhancement Areas boundaries to inform the public of the presence and nature of the Restoration and Enhancement Areas. These signs will be placed in highly visible locations as determined by the Land Manager. The developer is responsible for the initial cost of installing signage; the Land Manager will be responsible for the maintenance and replacement of the signage. • Public access to portions of the Restoration and Enhancement Areas beyond the footbridges and associated designated trails will be limited to planned and escorted education and restoration efforts, to be coordinated by the Land Manager. This limited access does not apply to the City of Dublin's right to inspect and maintain bridges. • If any of the native trees within the Restoration and Enhancement Areas become a Dublin Crossing 20 Johnson Marigot Consulting, LLC Long -Term Management Plan April 2017 threat to public safety, private property, or authorized access, removal will be allowed upon receipt of appropriate approvals from the appropriate permitting agencies. Suitable mitigation for tree removal, if necessary, will be prescribed, approved by permitting agencies, and implemented by the Monitoring Biologist. 6.2 ELEMENT B.2 - TRASH AND TRESPASS Objective: Monitor sources of trash and trespass. Coordinate trash removal and vandalism cleanup. Tasks: • During each site visit, incidents of trash and/or trespass will be recorded, including type, location, and management mitigation recommendations to avoid, minimize, or rectify a trash and/or trespass impact. • Trash will be removed from the Restoration and Enhancement Areas periodically, as directed by the Land Manager. • If any problems associated with trespass are observed, adaptive management actions will be implemented. This management may range from additional plantings at access points to the installation of fencing to deter trespass. 6.3 ELEMENT B.3 - FIRE HAZARD REDUCTION Objective: Maintain the site as required for fire control while limiting impacts to biological values. Tasks: • Potential wildfire fuels will be reduced as needed by mowing in areas where approved by the permitting agencies. If mowing is to occur during the nesting season, a nesting bird survey will be conducted and survey notes/results will be included in the reports submitted to the permitting agencies. If nests are observed within the areas to be mowed, or in close proximity (50 feet for passerines and 200 feet for raptors) to the areas to be mowed, a non -disturbance buffer will be established by a qualified biologist, wherein mowing will not occur until the nestlings have fledged. If no nests are observed within the areas to be mowed, or in close proximity (50 feet) to the areas to be mowed, mowing may proceed. 6.4 ELEMENT B.4 - EMERGENCIES If any action is taken by the Land Manager as a result of an emergency situation (defined as a situation which would result in an unacceptable hazard to life, a significant loss of property, or an immediate, unforeseen, and significant economic hardship), and such action has an effect on the biological, chemical, or physical function of the Restoration and Dublin Crossing 21 Johnson Marigot Consulting, LLC Long -Term Management Plan April 2017 Enhancement Areas, the permitting agencies will be notified verbally within 48 hours, with written confirmation of the actions taken within one week. The notification will summarize the emergency, actions taken, and will propose remediation where necessary to restore form and function of the Restoration and Enhancement Areas. Dublin Crossing 22 Johnson Marigot Consulting, LLC Long -Term Management Plan April 2017 SECTION 7. PROHIBITED ACTIVITIES This plan explicitly prohibits use of the Restoration and Enhancement Areas for activities that hinder or harm the capacity of the Land Manager to meet the management goals. These activities include the use of the Restoration and Enhancement Areas for any activity that may directly or indirectly negatively affect the functions and values of the Restoration and Enhancement Areas. The following uses are explicitly prohibited within the Restoration and Enhancement Areas pursuant to this LTMP: • Use of the Restoration and Enhancement Areas for storage of excavated material, or any other fill material, even on a temporary basis, except for purposes of erosion repair activities • Storage or dumping of garbage, concrete rubble, asphalt, construction materials, or fuels • Burning of garbage, wood, or any other material except as allowed by the Land Manager in support of management goals • Construction of new trails or roadways without the consent of the appropriate permitting agencies • Use of the Restoration and Enhancement Areas for overnight camping • Placement of signs unless for public safety, access control, restricted activities, or public education related to preserve habitats and functions • Establishment of new storm water outfalls or use of Restoration and Enhancement Areas for storm water detention without agency consent • Discharging or carrying firearms, crossbows, fireworks, or projectile weapons of any kind (except law enforcement officials) • Use of any motorized vehicle within Restoration and Enhancement Areas boundaries (except as required by the Land Manager, medical personnel, fire officials, or law enforcement) • It is illegal for any adjacent landowner or resident to create a garden, landscape, playground, or any other type of "improvement" within the Restoration and Enhancement Areas without written permission from the Agencies and the Land Manager • Use of the Restoration and Enhancement Areas for commercial agricultural production • Planting of non-native vegetation within Restoration and Enhancement Area boundaries • Personal use for privately owned animals such as horses, dogs, sheep, or other livestock, that is not directly related to meeting management needs of the Restoration and Enhancement Areas • Activities that unduly interfere with the health, safety, and welfare of the users or neighbors in the area, or that create a nuisance or hazard to the use and safety of person using or neighboring such areas Dublin Crossing 23 Johnson Marigot Consulting, LLC Long -Term Management Plan April 2017 • Disorderly conduct (including amplified sound) • Creation of unauthorized access points to Restoration and Enhancement Areas • Construction, reconstruction, or placement of any building, billboard, sign, structure, or other improvement, except as provided in this LTMP or upon approval of the appropriate permitting agencies • Routine unseasonable watering with potable waters; use of fertilizers, pesticides, biocides, or other agricultural chemicals; mosquito abatement activities; incompatible fire protection activities; and any and all other uses which may adversely affect the conservation purposes of this LTMP • Commercial or industrial uses • Depositing or accumulating soil, trash, ashes, refuse, waste, bio-solids or any other material • Filling, dumping, excavating, draining, dredging, mining, drilling, removing, exploring for or extracting minerals, loam, gravel, soil, rock, sand or other material on or below the surface of the Restoration and Enhancement Areas, or granting or authorizing surface entry for any of these purposes • Altering the surface or general topography of the Restoration and Enhancement Areas, including building roads, paving or otherwise covering the Restoration and Enhancement Areas with concrete, asphalt, or any other impervious material, except as provided in this LTMP and approved by the Department of the Army Permit subsequently approved by the Corps • Removing, destroying, or cutting trees, shrubs or other vegetation, except as required for: (i) fire protection measures as specified in this LTMP; (ii) maintenance of existing foot trails or roads; (iii) prevention or treatment of disease; (iv) utility line clearance • Transferring any water right necessary to maintain or restore the biological resources of the Restoration and Enhancement Areas • Planting, introduction or dispersal of non-native or exotic plant or animal species • Manipulating, impounding, or altering any natural watercourse, body of water or water circulation on the Restoration and Enhancement Areas and any activities or uses detrimental to water quality, including but not limited to degradation or pollution of any surface or sub -surface waters • Active recreational activities including, but not limited to, horseback riding, hunting, or fishing • Permitting a general right of access to the Restoration and Enhancement Areas • Assigning, terminating, or altering any and all mineral, water, or air rights, without the prior written authorization of appropriate permitting agencies • Granting any additional interest in the Restoration and Enhancement Areas, without the prior written authorization of appropriate permitting agencies Dublin Crossing 24 Johnson Marigot Consulting, LLC Long -Term Management Plan April 2017 SECTION 8. TRANSFER, REPLACEMENT, AMENDMENTS, AND NOTICES 8.1 TRANSFER Any subsequent transfer of responsibilities under this long-term management plan to a different Land Manager will be requested by the Land Manager, will require written approval by permitting agencies, and will be incorporated into this LTMP by amendment. Any subsequent Land Manager assumes all Land Manager responsibilities described in this LTMP and as required in the deed restrictions (or other protective instrument), unless otherwise amended in writing by the permitting agencies. 8.2 REPLACEMENT If the Land Manager fails to implement the tasks described in this long-term management plan and is notified of such failure in writing by the permitting agencies, the Land Manager will have 90 days to cure such failure. If the failure is not cured within 90 days, the Land Manager may request a meeting with the applicable agency(ies) to resolve the failure. Such meetings will occur within 30 days of the issuance of the failure notification (or a longer period if approved by the agency). Based on the outcome of the meeting, or if no meeting is requested, the agency may designate a replacement Land Manager in writing by amendment of this LTMP. 8.3 AMENDMENTS The Land Manager and permitting agencies may meet and confer from time to time, upon the request of any one of them, to revise this LTMP to better meet management objectives. Any proposed changes to the LTMP will be discussed with all entities involved and amendments will be approved by the permitting agencies in writing. Approved and amended adjustments to the management regime and will be implemented by the Land Manager. 8.4 NOTICES Notification of the permitting agencies is not required if an activity in this LTMP does not have a specific requirement for notification, is not a Prohibited Activity (see Section 7), and/or review and approval or a permit is not required. Dublin Crossing 25 Johnson Marigot Consulting, LLC Long -Term Management Plan April 2017 Any notices regarding this LTMP will be directed as follows: Land Manager: Zone 7 Water Agency 100 North Canyons Parkway Livermore, CA 94551 Contact: Carol Mahoney, Manager of Integrated Water Resources (925) 454-5064 Land Owner: SAME AS LAND MANAGER Signatory Agencies: U.S. Army Corps of Engineers San Francisco District 1455 Market Street San Francisco, Ca 94103 Attn: Chief, South Branch Telephone: (414) 503-6778 Fax: (415) 503-6690 California Department of Fish and Wildlife Habitat Conservation Branch 1416 Ninth Street, 12th Floor Sacramento, CA 95814 Attn: Branch Chief Telephone: (916) 653-4875 Fax: (916) 653-2588 San Francisco Bay Regional Water Quality Control Board 401 Water Quality Certification Program 1515 Clay Street, Suite 1400, Oakland, California 94612 Attn: Brian Wines Telephone: (510) 622-2300 Fax: (510) 622-2460 Dublin Crossing 26 Johnson Marigot Consulting, LLC Long -Term Management Plan April 2017 Appendix A Appendix A. Deed Restriction Template DEED RESTRICTION TEMPLATE HAS BEEN UPDATED WITH NEW VERSION DATED 04/05/21 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Dublin Crossing, LLC Attn: Bridgit Koller 2603 Camino Ramon, Ste 525 San Ramon, CA 94583 WHEN RECORDED, MAIL COPY TO: Michael Montgomery, Executive Officer Attn: Brian Wines, Site No. 02-01-00786 CIWQS Place ID Nos. 792186 and 792217 California Regional Water Quality Control Board San Francisco Bay Region 1515 Clay Street, Suite 1400 Oakland, CA 94612 WHEN RECORDED, MAIL COPY TO: District Engineer, San Francisco District Attn: Katerina Galacatos U.S. Army Corps of Engineers, Regulatory Division 450 Golden Gate San Francisco, CA 94102 SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE COVENANTS AND DEED RESTRICTIONS Dublin Crossing Mitigation Area THIS DECLARATION OF COVENANTS AND RESTRICTIONS (this "Declaration") is made this day of , 20_, by DUBLIN CROSSING, LLC, a Delaware limited liability company ("Dublin"), and the CITY OF DUBLIN ("City") (collectively the "Declarants"). A. Declarants are the owners in fee simple of certain real property in the County of Alameda, State of California, more particularly described in Exhibit A, attached hereto and by this reference incorporated herein (the "Burdened Property"). Revision Date 4/5/2021 1442261.1 B. Dublin Crossing, LLC applied to the Department of the Army, through the San Francisco District of the U. S. Army Corps of Engineers, San Francisco District ("USACE") for an Individual Permit pursuant to Section 404 of the Clean Water Act to authorize the placement of fill in waters of the United States to construct the Dublin Crossing Project, and to mitigate for such placement of fill material on the Burdened Property. To mitigate for impacts to jurisdictional waters of the U.S., the Dublin Crossing Project will create 0.07-ac of seasonal wetlands within widened canals, restore 748-linear feet of disturbed canals, enhance 2,184 — linear feet of disturbed canals, and enhance 77-linear feet of a temporarily impacted canal within Chabot Creek and Canal 2 on the Dublin Crossing Project site ("Dublin Crossing Mitigation Area"). The "Dublin Crossing" consists of removal of concrete linings and riprap, re -contouring of the banks and substrate of the Chabot Creek and Canal 2, and the planting of native riparian vegetation. Impacts to waters of the U.S. due to fill discharge are regulated by the Clean Water Act, Section 404, and were authorized by the District Engineer pursuant to Individual Permit No. 2012-00103S, dated June 9, 2017 (Exhibit B). C. The District Engineer of the USACE issued the Section 404 Individual Permit for the Dublin Crossing Project (the "Dublin Crossing 404 Permit") authorizing the Declarant's discharges to waters of the United States. The Dublin Crossing 404 Permit contains Special Conditions (#1 - #3) (hereafter the "404 Special Conditions") which set forth conditions of approval concerning the proposed fill and those Special Conditions specifically relating to the Dublin Crossing Mitigation are attached hereto as Exhibit B and incorporated herein by reference as if set forth in full. D. The Dublin Crossing 404 Special Conditions among other things, require that Dublin Crossing, LLC shall submit to USACE a deed restriction to be executed and recorded by the Declarants to protect restored, and enhanced avoided habitat. That deed restriction shall require that the Burdened Property (Exhibit A) be restored and maintained in perpetuity consistent with the Addendum to: Long Term Management Plan Dublin Crossing, November 2020 (Exhibit C), and the Addendum to: Revised Mitigation & Monitoring Plan Dublin Crossing, August 2020 (Exhibit D) and incorporated herein by reference as if set forth in full, and that use of the Dublin Crossing Mitigation Area be limited as set forth in 404 Special Conditions (#1 - #3). E. Dublin Crossing, LLC applied to the California Regional Water Quality Control Board for the San Francisco Bay Region ("Board") for a water quality certification under Section 401 of the Clean Water Act and coverage under State Water Resources Control Board Order No. 2003-0017 - DWQ, "General Waste Discharge Requirements for Dredge and Fill Discharges That Have Received State Water Quality Certification" to authorize the Declarant to place fill in waters of the United States and the State of California to construct the Dublin Crossing Project, and to mitigate for such placement of fill material on the Burdened Property. Impacts to waters of the U.S. and waters of the State of California are authorized by the Clean Water Act Section 401 Certification and coverage under the Board Order for CIWQS Place No. 812873 (bkw), CIWQS Reg. Meas. No. 399698. F. On May 31, 2017 the Board's Executive Officer issued the Section 401 water Revision Date 4/5/2021 -2 1442261.1 quality certification for the Dublin Crossing Project referenced as CIWQS Place No. 812873 (the "Dublin Crossing 401 Certification") for the Dublin Crossing discharges to waters of the United States and the State of California. The Dublin Crossing 401 Certification contains Special Conditions (1 - 33) (hereafter the "401 Special Conditions") setting forth conditions of approval concerning the proposed fill and those 401 Special Conditions specifically relating to the Burdened Property (described in Exhibit A) are attached hereto as Exhibit E and incorporated herein by reference as if set forth in full. G. The Board's Executive Officer found that, but for the 401 Special Conditions, the proposed discharge into waters of the United States and State of California could not be found consistent with applicable law and that a water quality certification could therefore not be issued. H. The 401 Special Conditions, among other things, require that Dublin Crossing, LLC shall submit to the Executive Officer a deed restriction to be executed and recorded by the Declarants to protect restored and enhanced habitat. That deed restriction shall require that the Burdened Property (Exhibit A) be restored and maintained in perpetuity consistent with the Addendum to: Long Term Management Plan Dublin Crossing, November 2020, and the Addendum to: Revised Mitigation & Monitoring Plan Dublin Crossing, August 2020 (which are attached as Exhibits C and D) and incorporated herein by reference as if set forth in full, and that use of the Dublin Crossing Mitigation Area be limited as set forth in 401 Special Conditions (1 - 33). E. The Declarants elected to execute and record the deed restriction as set forth in this Declaration required in the 401 Special Conditions, so as to enable the Dublin Crossing, LLC to undertake the actions authorized by the water quality certification issued by the Board. NOW, THEREFORE, in consideration for the rights granted to Dublin Crossing, LLC for the development of the Dublin Crossing Project, located in the City of Dublin, County of Alameda, the Burdened Property shall be preserved for habitat preservation pursuant to California Civil Code §§ 815, et seq., and shall be dedicated in fee simple to the Alameda County Water Conservation and Flood Control District, Zone 7 ("Zone 7") — pursuant to California Civil Code §§ 815, et seq., (Zone 7 is the "Dedicatee"). The transfer of ownership shall provide mitigation of certain anticipated impacts resulting from the Dublin Crossing Project as authorized by the Department of the Army Permit No. 2012-00103S, dated June 9, 2017, and the Board's 401 Certification and coverage under the Board Order for CIWQS Place No. 812873 (bkw), CIWQS Reg. Meas. No. 399698, AND, IN CONSIDERATION of the Dublin Crossing 404 Permit and the Dublin Crossing 401 Certification, the undersigned Declarants for themselves and for their heirs, assigns, and successors -in -interest, hereby irrevocably covenant with the Department of the Army and the Board that the protective provisions, covenants and restrictions ("Restrictions") set forth in this Declaration shall at all times on and after the date on which this Declaration is recorded constitute for all purposes, covenants, conditions and restrictions on the use and enjoyment of the Burdened Property that are hereby attached to the deed to the Burdened Property as fully Revision Date 4/5/2021 3 1442261.1 effective components thereof. Revision Date 4/5/2021 4 1442261.1 ARTICLE I DEFINITIONS 1.1 Board. "Board" shall mean the California Regional Water Quality Control Board for the San Francisco Bay Region and shall include its successor agencies, if any. 1.2 Burdened Property. "Burdened Property" shall mean that property legally described in Exhibit A (aka "the Property" or "Protected Area'). 1.3 Declarants. "Declarants" shall mean Dublin Crossing, LLC, and the City of Dublin. 1.4 Dedicatee. "Dedicatee" shall mean Alameda County Flood Control and Water Conservation District (aka "Zone 7 "). 1.5 District Engineer. "District Engineer" shall mean the Commanding Officer of the San Francisco District of the U. S. Army Corps of Engineers. 1.6 Mitigation and Monitoring Plan. "Mitigation and Monitoring Plan" shall mean the document titled "Addendum to: Revised Mitigation & Monitoring Plan Dublin Crossing, dated August 6, 2020" (aka "MMP ") 1.7 Long Term Management Plan. "Long Term Management Plan" shall mean the document titled "Addendum to: Long Term Management Plan Dublin Crossing, dated November 4, 2020" (aka "LTMP ") 1.8 Occupant. "Occupant" shall mean the Alameda County Flood Control and Water Conservation District or successor, or any entity acting on behalf of Alameda County Flood Control and Water Conservation District or successor. 1.9 Owner or Owners. "Owner" or "Owners" shall mean the Declarants and/or their successors in interest, who hold title to all or any portion of the Protected Area of the Burdened Property. 1.10 Protected Area. "Protected Area" shall have the same meaning as "Burdened Property." 1.11 Dublin Crossing Permits. "Dublin Crossing Permits" shall mean the Individual Permit issued by the San Francisco District of the U. S. Army Corps of Engineers, dated June 9, 2017, and the Clean Water Act, Section 401 Water Quality Certification issued by the San Francisco Regional Water Quality Control Board, dated May 31, 2017. 1.12 Dublin Crossing Project. "Dublin Crossing Project" shall mean the development of 157.6- acres of land with the former southern portion of the Camp Parks Cantonment Area, City of Dublin, CA, Alameda County, California. The development will include mixed -uses with a Revision Date 4/5/2021 1442261.1 combination of medium- and high density residential, commercial, retail, parks, open space, and a school. 1.13 USACE. "USACE" shall mean the San Francisco District of the U. S. Army Corps of Engineers. 1.14 Zone 7. "Zone 7" shall mean the Alameda County Flood Control and Water Conservation District, Zone 7 [Continues on Following Page] Revision Date 4/5/2021 2 1442261.1 ARTICLE II GENERAL PROVISIONS 2.1 Current State of Burdened Property. The Burdened Property is currently in a natural state and is intended to remain undisturbed, except for those activities described in the Addendum to: Long Term Management Plan Dublin Crossing, dated November 4, 2020, a copy of which is attached here to as Exhibit C (the "LTMP"). 2.2 Value of Burdened Property. The Burdened Property provides or is capable of providing significant ecological and habitat values (collectively "conservation values") that are of aesthetic, ecological, educational, historical, recreational, and scientific value. These values include, but are not limited to, the jurisdictional waters of the U.S. and State of California, and the functions and values of approximately 0.70- acres of created seasonal wetlands, restoration of 748- linear feet of disturbed canals, enhancement of 2,184- linear feet of disturbed canals, and enhancement of 77 linear feet of temporarily impacted canal within the Dublin Crossing open space preserve; these values are of great importance to the Declarants and the people of the United States. 2.3 Preservation. As shown in the LTMP, the Burdened Property will be preserved as an open space and habitat preserve and will be restricted from any development on the terms set forth in the Dublin Crossing 404 and 401 Permits, and this Declaration. 2.4 Purpose. The purpose of this Declaration is to ensure that the Burdened Property will be retained forever in a condition contemplated by the LTMP, and to prevent any use of the Burdened Property that will significantly impair or interfere with the conservation values of the Burdened Property. Declarants intend that this Declaration will confine the use of the Burdened Property to such activities including, without limitation, those involving the preservation and enhancement of native species and their habitats in a manner consistent with the conservation purposes of this Declaration and the LTMP. 2.5 Agreement to Assign. Declarants understand, acknowledge and agree that, as a condition on the issuance by the U.S Army Corps of Engineers of the Dublin Crossing 404 Permit, and the San Francisco Regional Water Quality Control Board of the Dublin Crossing 401 Certification, the Burdened Property shall be restricted from any development and shall be reserved for use as habitat preservation on the terms set forth in the Dublin Crossing Drive permits. Declarants shall offer the Burdened Property for dedication in fee to Zone 7 or to an organization authorized to hold a conservation covenant under California Civil Code § 815, et seq. but such offer does not and shall not be construed as or constitute an offer for public use. 2.6 Covenants Running with the Land. In consideration of benefits derived from the Clean Water Act permits, the Declarants do hereby covenant and agree to restrict, and by this instrument does restrict, the future use of the Burdened Property as set forth by the below establishment of this covenant running with the land in perpetuity and shall bind any successors and assigns in interest to the Burdened Property in accordance with applicable law, including, but not limited to, California Civil Code 815, et seq., and California Civil Code 4618. This Declaration sets forth Restrictions upon and subject to which every portion of the Burdened Revision Date 4/5/2021 1442261.1 Property shall be improved, held, used, occupied, leased, sold, hypothecated, encumbered and/or conveyed. Each and all of the Restrictions shall run with the land, and pass with each and every portion of the Burdened Property, and shall apply to, inure to the benefit of, and bind the respective successors in interest thereof, for the benefit of the USACE, the Board and all other Owners and Occupants, as well as the people of the United States and the State of California. Each and all of the Restrictions are enforceable by the Board and/or USACE. 2.7 Notice in Agreements. After the date of recordation hereof, all Owners and Occupants shall execute a written instrument which shall accompany all purchase agreements, easements or leases relating to the property. Any such instrument shall contain the following statement: The land described herein is subject to a deed restriction dated as of , 20, and recorded on, 20_, in the Official Records of Alameda County, California, as Document No. , which Covenant and Deed Restrictions imposes certain covenants, conditions, and restrictions on usage of all or a portion of the property described herein. 2.8 Development Rights. All present and future development rights allocated, implied, reserved, or inherent to the Burdened Property that are not consistent with the Restrictions or the LTMP are hereby extinguished and may not be used on or transferred to any portion of the Burdened Property, nor any other property, wherever located. 2.9 Concurrence of Owners and Lessees Presumed. All purchasers, lessees, or possessors of any real property interest in any portion of the Burdened Property, whether past, present or future, shall be presumed by their purchase, leasing, or possession of a portion of the Burdened Property to be in accord with the foregoing and to agree for and among themselves, their heirs, successors, and assignees, and the agents, employees, and lessees of such owners, heirs, successors, and assignees, that the Restrictions as herein established must be adhered to for the benefit of the USACE, the Board, and the Owners and Occupants of the Burdened Property and that the interest of the Owners and Occupants of the Burdened Property shall be subject to the Restrictions contained herein. No Owner or Occupant of the Burdened Property shall act in any manner that would be inconsistent with the Restrictions. 2.10 Enforcement. USACE and the Board shall have the right, to enforce each and every provision herein. The covenant shall be enforceable by remedy of injunctive relief in addition to any other remedy in law or equity. Failure of the Declarants, Dedicatee, or other Owner or Occupant to comply with any provision of this Declaration shall be grounds for USACE or the Board, by reason of this Declaration, to have the authority to require that the Declarants, Dedicatee, Owner or Occupant modify or remove any improvements constructed in violation of this Declaration and restore the Burdened Property as described in the LTMP and the 404 and 401 Special Conditions. In the event that the Declarants, their heirs, assigns or successors in interest shall fail to abide by any of the covenants hereunder, they hereby agree to pay all reasonable costs and expenses incurred by USACE or the Board in securing performance of such obligation, including reasonable attorney's fees and costs. In the event of a breach, any Revision Date 4/5/2021 2 1442261.1 forbearance on the part of any party to this covenant to enforce the terms and provisions hereof shall not be deemed a waiver of enforcement rights regarding any subsequent breach. The Declarants and Dedicatee agree that USACE, the Board, and/or any persons acting pursuant to USACE or Board orders, shall upon providing reasonable notice to the Declarants or Dedicatee, have reasonable access to the Burdened Property for the purposes of inspection, surveillance, maintenance, or monitoring, as provided for in Division 7 of the Water Code. Nothing contained in this Declaration shall be construed to entitle the United States or State of California to bring any action for any injury to or change in the Burdened Property resulting from causes beyond Declarants' or Dedicatee's control, including, without limitation, fire not caused by Declarants or Dedicatee, flood, storm, and earth movement, or from any prudent action taken by Declarants or Dedicatee under emergency conditions to prevent, abate, or mitigate significant threats to life, to health, to public safety, and of injury to the Burdened Property or other property resulting from such causes. ARTICLE III RESTRICTIONS 3.1 Implementation of Mitigation Measures. All mandatory mitigation measures presented in the LTMP and MMP (Attached hereto as Exhibits C and D) applicable to the Burdened Property shall be implemented by Dublin Crossing, LLC. 3.2 Prohibited Activities. Unless allowed pursuant to Sections 3.3 or 4.2 below or unless allowed in the LTMP or future revisions thereof that have been approved in advance in writing by USACE and the Board or its Executive Officer, the following activities are prohibited on the Burdened Property: a. Construction, reconstruction or placement of any building, billboard, sign, structure, or other improvement, except as provided in the LTMP, or upon approval of USACE and Board. b. Unseasonable watering; use of fertilizers, herbicides, pesticides, biocides, or other agricultural chemicals; mosquito abatement activities; weed abatement activities; incompatible fire protection activities; and any and all other uses which may adversely affect the conservation purposes of this Declaration. c. Grazing and agricultural activity of any kind, except as may be provided in the LTMP. d. Commercial or industrial uses. e. Depositing soil, trash, ashes, refuse, waste, bio-solids or any other material. f. Filling, dumping, excavating, draining, dredging, mining, drilling, removing, exploring for or extracting minerals, loam, gravel, soil, rock, sand or other material on Revision Date 4/5/2021 3 1442261.1 or below the surface of the Burdened Property, or granting or authorizing surface entry for any of these purposes, unless authorized by the Board and USACE. g. Altering the surface or general topography of the Burdened Property, including building drives, paving or otherwise covering the Burdened Property with concrete, asphalt, or any other impervious material, except as provided in the LTMP and approved by the Clean Water Act permits. h. Removing, destroying, or cutting trees, shrubs or other vegetation, except as required for: (i) fire and/or flood protection measures as specified in the LTMP; (ii) maintenance of existing foot trails or drives; (iii) prevention or treatment of disease; (iv) utility line clearance, or (v) maintaining flows through the Burdened Property. i. Use of motorized vehicles, including off -drive vehicles, except on existing driveways, as required to meet the obligations of the LTMP. j. Transferring any water right. k. Planting, introduction or dispersal of non-native or exotic plant or animal species. 1. Manipulating, impounding or altering any natural watercourse, body of water or water circulation on the Burdened Property and any activities or uses detrimental to water quality, including but not limited to degradation or pollution of any surface or sub -surface waters. m. All active recreational activities not otherwise described in the LTMP, including, but not limited to, horseback riding, biking, hunting or fishing. n. Permitting a general right of access to the property that may result in damage to ecological functions and values. o. Assigning, terminating, or altering any and all mineral, water, or air rights, without the prior written authorization of the USACE and Board. p. Granting any additional interest in the Burdened Property, without the prior written authorization of the USACE and Board. Revision Date 4/5/2021 4 1442261.1 3.3 Permitted Activities. Notwithstanding the foregoing restrictions, the following activities may occur in the Protected Areas: a. Engaging in uses and activities necessary or appropriate to implement the LTMP. b. Control of entry upon the Burdened Property, including, without limitation, the installation and maintenance of signs or fences that do not impede the movement of wildlife. c. Passive recreational uses, including those activities described in the LTMP, that do not degrade the conservation values of the Burdened Property. ARTICLE IV VARIANCE AND TERMINATION 4.1 Effect of Declaration. The covenants and the provisions set forth in this Declaration are irrevocable and nonmodifiable and shall continue in effect in perpetuity unless modified or terminated as provided herein. 4.1 Variance from Declaration. Declarants, Dedicatee, or any Owner, or with the Owner's consent, any Occupant of the Burdened Property or a portion thereof may apply to USACE and the Board for a written variance from the provisions of this Declaration. USACE and the Board, at their discretion, may approve the variance if they find that the requested variance would not impact the size, condition, or functions of the mitigation features required by the Clean Water Act permits and protected by this Declaration. 4.2 Termination of Declaration. Declarants, Dedicatee, or Any Owner or with the Owner's consent, any Occupant of the Burdened Property or a portion thereof may apply to USACE or the Board for a termination of the provisions of this Declaration as they apply to all or any portion of the Burdened Property. Termination of the provisions of this Declaration requires the provision of alternate mitigation of equivalent size, condition, and functions. USACE and the Board will not approve the termination of the provisions of this Declaration until such alternate mitigation has been established, including the implementation of any necessary construction and planting, as well as a minimum of five years of post -establishment monitoring and maintenance, and a deed restriction or conservation easement has been recorded for the alternate mitigation site. Revision Date 4/5/2021 5 1442261.1 ARTICLE V MISCELLANEOUS 5.1 Best and Most Necessary Use. The habitat conservation values of the Declaration are presumed to be the best and most necessary public use as defined in equity and pursuant to California Code of Civil Procedure § 1240.680 notwithstanding Code of Civil Procedure § § 1240.690 and 1240.700. 5.2 No Dedication Intended. Nothing set forth herein shall be construed to be a gift or dedication, or offer of a gift or dedication, of the Burdened Property or any portion thereof to the general public. 5.2 Taxes. Prior to transfer to Dedicatee, Declarants shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Burdened Property by competent authority (collectively, "taxes"), including any taxes imposed upon, or incurred as a result of, this Declaration, and shall furnish satisfactory evidence of payment upon request. Dedicatee shall there -forward keep the Burdened Property free from any liens, including those arising out of any obligations incurred by the Declarants or Dedicatee for any labor or materials furnished or alleged to have been furnished at or for use on the Burdened Property. 5.3 Subsequent Property Transfer. Declarants and Dedicatee agree to incorporate the terms of this Declaration in any deed or other legal instrument by which the Declarants or Dedicatee divests itself of any interest in all or a portion of the Property, including, without limitation, a leasehold interest. Declarants or Dedicatee shall give USACE and the Board written notice of the intent to transfer any interest at least 30 days prior to the date of such transfer. USACE and the Board shall have the right to prevent subsequent transfers in which transferees are not given notice of the terms, covenants, conditions and restrictions of this Declaration. The failure of Declarants or Dedicatee to perform any act required by this section shall not impair the validity of this Declaration or limit its enforcement in any way. 5.4 Recordation. Declarants shall submit an original, signed and notarized Deed including this Declaration to USACE and the Board, and shall promptly record this instrument in the official records of the County of Alameda, and shall thereafter promptly provide a conformed copy of the recorded Declaration to USACE and the Board. Upon the assignment of the Burdened Property, Dedicatee shall promptly record the title with this Declaration in the official records of the County of Alameda, and shall thereafter promptly provide a conformed copy of the recorded Declaration to USACE and the Board. 5.5 Termination of Declaration. Upon approval of USACE and the Board, Declarants or Dedicatee may grant a perpetual Conservation Easement over the Property to a third party approved to hold Conservation Easements under Civil Code § 815, et seq., and, by so doing, may terminate this Declaration. Termination may only occur after Conservation Easement has been Revision Date 4/5/2021 6 1442261.1 recorded and only if the Conservation Easement contains all provisions set forth in this Declaration. 5.6 General Provisions. a. Controlling Law. The interpretation and performance of this Declaration shall be governed by the laws of the State of California and applicable Federal law, including the Clean Water Act. b. Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Declaration shall be liberally construed to affect the purposes of this Declaration and the policy and purpose of Civil Code §815, et seq. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purposes of this Declaration that would render the provision valid shall be favored over any interpretation that would render it invalid. c. Severability. If any provision of this Declaration or the application thereof is found to be invalid the remaining provisions of this Declaration or the application of such provisions other than that found to be invalid shall not be affected thereby. d. Entire Agreement. This Declaration and the LTMP incorporated by reference herein, including all of the exhibits thereto, together set forth the entire agreement of the parties and supersede all prior discussions, negotiations, understandings, or agreements relating to the Declaration, all of which are merged herein. No alteration or variation of this instrument shall be valid or binding unless contained in an amendment in accordance with the provisions herein. e. Termination of Rights and Obligations. A party's rights and obligations under this Declaration terminate upon transfer of the party's interest in the Declaration or Property, except that liability for acts, omissions or breaches occurring prior to transfer shall survive transfer. f. Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon its construction or interpretation. g. Counterparts. The parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be signed by both parties; each counterpart shall be deemed an original instrument as against any party who has signed it. [Signatures on Following Page] Revision Date 4/5/2021 7 1442261.1 IN WITNESS WHEREOF, Declarant has executed and delivered this Declaration as of the day and year first above written. DECLARANT (Dublin Crossing, LLC): DUBLIN CROSSING, LLC, a Delaware limited liability company By: BrookCal Dublin LLC, a Delaware limited liability company Its: Member By: Name: Title: Date: By: SPIC Dublin LLC, a Delaware limited liability company Its: Member By: Standard Pacific Investment Corp., a Delaware corporation Its: Member By: Name: Title: Date: DECLARANT (City of Dublin): By: Name: Title: Date: Revision Date 4/5/2021 1442261.1 DEDICATEE (Zone 7): By: Name: Title: Date: UNITED STATES ARMY CORPS OF ENGINEERS By: Name: Title: Date: REGIONAL WATER QUALITY CONTROL BOARD By: Name: Title: Date: Revision Date 4/5/2021 2 1442261.1 EXHIBIT A TO DEED RESTRICTION: LEGAL DESCRIPTIONS Revision Date 4/5/2021 3 1442261.1 19814.N07-8 5/3/2019 Page lof3 EXHIBIT A DESCRIPTION BURDENED PROPERTY ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, BEING RESULTANT PARCEL 2 OF LOT LINE ADJUSTMENT RECORDED IN DOCUMENT NUMBER 2018104288, ALAMEDA COUNTY RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID RESULTANT PARCEL 2, THENCE THE FOLLOWING FOURTEEN (14) COURSES: 1. SOUTH 52°40'34" WEST, 496.92 FEET; 2. NORTH 88°33'53" WEST, 18.81 FEET; 3. SOUTH 51°59'00" WEST, 21.72 FEET; 4. SOUTH 52°34'06" WEST, 331.09 FEET; 5. SOUTH 7°40'34" WEST, 15.13 FEET; 6. SOUTH 7°40'34" WEST, 13.00 FEET; 7. SOUTH 37°19'26" EAST, 40.00 FEET; 8. SOUTH 82°19'26" EAST, 39.36 FEET; 9. NORTH 53°47'34" EAST, 67.47 FEET; 10. NORTH 53°47'34" EAST, 102.40 FEET; 11. NORTH 52°40'34" EAST, 256.33 FEET; 12. NORTH 51°03'00" EAST, 98.97 FEET; 13. NORTH 53°17'23" EAST, 267.09 FEET; 14. THENCE NORTH 1°23'35" EAST, 102.78 FEET, TO THE POINT OF BEGINNING. CONTAINING 1.63 ACRES, MORE OR LESS. END OF DESCRIPTION P:\19814\SRV\Mapping\LEGAL\N7-8\19814.N7-8 ZONE 7 CHANNEL OWNERSHIP.doc PREPARED BY: ACDONALD LAND SURVEYOR NO. 8817 (E 2/31/19) STATE OF CALIFORNIA MACKAY &SONIPS CML ENGINEERING•LAND PLANNING•LAND SURVEYING 5142 Franklin Drive Sulte B, Pleasanton, CA. 94588-3355 (925) 225-0690 19814.N07-8 5/3/2019 Page 2of 3 DATE P:\19814\SRV\Mapping\LEGAL\N7-8\19814.N7-8 ZONE 7 CHANNEL OWNERSHIP.doc Line Table Line # Bearing Length L1 N88°33'53"W 18.81' L2 S51°59'00"W 21.72' L3 S7°40'34"W 15.13' L4 S7°40'34"W 13.00' L5 S37°19'26"E 40.00' L6 S82°19'26"E 39.36' ZL a zI a\ LEGEND EXHIBIT 'i1 " PAGE 3a'•3 Line Table Line # Bearing Length L7 N53°47'34"E 67.47' L8 N53°47'34"E 102.40' L9 N52°40'34"E 256.33' L10 N51°03'00"E 98.97' L11 N53°17'23"E 267.09' L12 N1°23'35"E 102.78' BURDENED PROPERTY 1.63± AC LANDS OF USA BK 5132 PG 1 TRAT8361 S, 6A, ,o , L3 '-- \. 0,33N • 357 M 47 L4 GIs L6 \, l L2 P.O.B. L1 r I L r TRACT 8413 357 My I —I I2 II I r__— I i , I LHi DUBLIN BOULEVARD BOUNDARY OF DESCRIPTION — EXISTING PARCEL/LOT LINE P.O.B. POINT OF BEGINNING 0 100 200 400 SCALE: 1 "=200' Q CD z PLAT TO ACCOMPANY DESCRIPTION BURDENED PROPERTY DUBLIN CALIFORNIA MACKAY IkSOITIPS ENGINEERS PLANNERS SURVEYORS 5142B FRANKLIN DR, PLEASANTON, CA 94588 (925)225-0690 DRAWN DATE SCALE JOB NO. LM MAY 2019 1"=200. 19814.N08 05-03-2019 1 I:06om Leonardo Martinez P:\19814\SRV\MAPPING\PLATS\N7-8\ZONE 7 FEE CHANNEL OWNERSHIP.DWG 19814.N19 6/26/2019 Page 1 of4 EXHIBIT A DESCRIPTION BURDENED PROPERTY ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, BEING PARCEL Q OF TRACT 8370, AS RECORDED IN BOOK AT PAGE , ALAMEDA COUNTY RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL Q, THENCE ALONG THE NORTHERLY, EASTERLY, SOUTHERLY AND WESTERLY LINES OF SAID PARCEL Q THE FOLLOWING EIGHTEEN (18) COURSES: 1. SOUTH 76°01'47" EAST, 118.81 FEET; 2. ALONG A NON -TANGENT CURVE TO THE RIGHT, FROM WHICH THE RADIUS POINT BEARS NORTH 65°35'05" WEST, HAVING A RADIUS OF 310.00 FEET, THROUGH A CENTRAL ANGLE OF 17°57'20", AND AN ARC LENGTH OF 97.15 FEET; 3. SOUTH 42°22'15" WEST, 78.93 FEET; 4. ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 412.00 FEET, THROUGH A CENTRAL ANGLE OF 1 1°16'38" AND AN ARC LENGTH OF 81.09 FEET; 5. NORTH 36°21'07" WEST, 1.00 FEET; 6. ALONG A NON -TANGENT CURVE TO THE RIGHT, FROM WHICH THE RADIUS POINT BEARS NORTH 36°21'07" WEST, HAVING A RADIUS OF 411.00 FEET, THROUGH A CENTRAL ANGLE OF 10°23'01 ", AND AN ARC LENGTH OF 74.48 FEET; 7. NORTH 88°42'50" WEST, 17.77 FEET; 8. NORTH 43°42'50" WEST, 12.00 FEET; 9. NORTH 01 ° 17' 10" EAST, 25.00 FEET; 10. NORTH 47°33'55" EAST, 15.36 FEET; 11. NORTH 42°26'05" WEST, 29.71 FEET; 12. ALONG A NON -TANGENT CURVE TO THE LEFT, FROM WHICH THE RADIUS POINT BEARS NORTH 53°56'33" WEST, HAVING A RADIUS OF 113.00 FEET, THROUGH A CENTRAL ANGLE OF 01°19'06", AND AN ARC LENGTH OF 2.60 FEET; 13. ALONG A REVERSE CURVE TO THE RIGHT HAVING A RADIUS OF 141.00 FEET, THROUGH A CENTRAL ANGLE OF 21°21'50" AND AN ARC LENGTH OF 52.57 FEET; 14. ALONG A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 73.00 FEET, THROUGH A CENTRAL ANGLE OF 35°33'37" AND AN ARC LENGTH OF 45.31 FEET; 15. ALONG A REVERSE CURVE TO THE RIGHT HAVING A RADIUS OF 127.00 FEET, THROUGH A CENTRAL ANGLE OF 20°35'28" AND AN ARC LENGTII OF 45.64 FEET; 16. NORTH 41°08'02" EAST, 23.84 FEET; P:\19814\SRV\Mapping\LEGAL\ZONE 7 N19-N24\19814.N19 Channel Deed Restriction.doc LANDS OF USA BK 5132, PG 1 49 5o EXHIBIT :4 " PAGE 3OF4 I / c.3 PARCEL Q / -1 E — — — —- // POB � / / I11.. / o o<0 / C 51 I U 54 I/ v� a�h� / Qe I k I / / L PARCEL Y // 18 TR1 CT 8370 / (R-1) / PARCEL W 19 \<\ �O \N \\ \ f I 1 '� 52 r 1 53 / L r 1 PARCEL LL / — TRACT 837E L — _ 7 / 1\ (R-21 / / / PARCEL EE I / �� 0.68± AC / / � � / P (R 1) / / / L- J / Q �\`L / \ LPARCEL KK / / sk / I ��, *\'''/ —I / /C6D ���� CAL' / I C4 °�ca�. �\ 4A / / ' 0 —L—_1 /// �� L3 G� ,,0�\� // TRACT 8415 I / \, „�`;., 35/ M BH 55 I/ L / // — �// ///J'5 \ f/ s L4 \ f / / �'--- LEGEND P.O.B. P.O.0 BOUNDARY OF DESCRIPTION EXISTING PARCEL POINT OF BEGINNING POINT OF COMMENCEMENT REFERENCES (R-1) TRACT 8370, BOOK , PAGE , ALAMEDA COUNTY RECORDS (R-2) TRACT 8373, BOOK , PAGE , ALAMEDA COUNTY RECORDS 0 30 60 120 SCALE:1 "=60' PLAT TO ACCOMPANY DESCRIPTION BURDENED PROPERTY DUBLIN CALIFORNIA MACKAY & soms ENGINEERS PLANNERS SURVEYORS 5142E FRANKLIN DR, PLEASANTON, CA 94588 (925)225-0690 DRAWN DATE SCALE JOB NO. LM JUNE 2019 1"=60' 19814.N19 06-26-2019 10:22am Colette CHeureux P:\19814\SRV\MAPPING\PLATS\DEED-RESTRICTION-CHANNELS\D-N19-N24 CHABOT ZONE 7 DEED RESTRICTION.DWG Line Table Line # Bearing Length L1 S76°01'47"E 118.81' L2 S42°22'15"W 78.93' L3 N36°21'07"W 1.00' L4 N88°42'50"W 17.77' L5 N43°42'50"W 12.00' L6 N1°17'10"E 25.00' L7 N47°33'55"E 15.36' L8 N42°26'05"W 29.71' L9 N41°08'02"E 23.84' EXHIBIT '�4 " PACE 4a-4 Curve Table Curve # Radius Delta Length C1 310.00' 17°57'20" 97.15' C2 412.00' 11°16'38" 81.09' C3 411.00' 10°23'01" 74.48' C4 113.00' 1°19'06" 2.60' C5 141.00' 21°21'50" 52.57' C6 73.00' 35°33'37" 45.31' C7 127.00' 20°35'28" 45.64' C8 49.00' 13°08'05" 11.23' C9 92.00' 41°55'03" 67.31' PLAT TO ACCOMPANY DESCRIPTION BURDENED PROPERTY DUBLIN CALIFORNIA MACKAY & soms ENGINEERS PLANNERS SURVEYORS 51428 FRANKLIN DR, PLEASANTON, CA 94588 (925)225-0690 DRAWN DATE SCALE JOB NO. LM JUNE 2019 1 "=60' 19814.N19 06-26-2019 10:22om Colette L'Heureux P:\19814\SRV\MAPPING\PLATS\DEED—RESTRICTION—CHANNELS\D—N19—N24 CHABOT ZONE 7 DEED RESTRICTION.DWG 19814.N I9 8/30/2019 Page 1 of 8 EXHIBIT A DESCRIPTION ZONE 7 BURDENED PROPERTY ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL K OF THE MAP OF TRACT 8368, RECORDED IN BOOK 357, AT PAGE 77, AND A PORTION OF THE LANDS DESIGNATED AS PHASE 4C, RECORDED IN DOCUMENT NO. 2018-106891, AND A PORTION OF LOT 7 OF THE MAP OF TRACT 8382, RECORDED IN BOOK 351, AT PAGE 60, AND A PORTION OF PARCEL A OF THE MAP OF TRACT 8415, RECORDED IN BOOK 357, AT PAGE 88, ALAMEDA COUNTY RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID PARCEL K, THENCE NORTH 27°11'29" WEST, 227.27 FEET, TO THE POINT OF BEGINNING; THENCE THE FOLLOWING FORTY-SEVEN (47) COURSES: I. NORTH 65°29'58" WEST, 19.33 FEET; 2. NORTH 36°50'56" WEST, 61.12 FEET; 3. NORTH 53°09'04" EAST, 2.18 FEET; 4. ALONG A NON -TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 81.11 FEET, FROM WHICH THE RADIUS POINT BEARS NORTH 62°08'50" EAST, HAVING A CENTRAL ANGLE OF 26°34'16" AND AN ARC LENGTH OF 37.62 FEET; 5. ALONG A NON -TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 140.00 FEET, FROM WHICH THE RADIUS POINT BEARS NORTH 89°15'14" EAST, HAVING A CENTRAL ANGLE OF 48°33'32" AND AN ARC LENGTH OF 118.65 FEET; 6. ALONG A REVERSE CURVE TO THE LEFT WITH A RADIUS OF 234.00 FEET, HAVING A CENTRAL ANGLE OF 09°02'50" AND AN ARC LENGTH OF 36.95 FEET; 7. ALONG A COMPOUND CURVE TO THE LEFT WITH A RADIUS OF 234.00 FEET, HAVING A CENTRAL ANGLE OF 07°40'03" AND AN ARC LENGTH OF 31.31 FEET; 8. ALONG A COMPOUND CURVE TO THE LEFT WITH A RADIUS OF 234.00 FEET, HAVING A CENTRAL ANGLE OF 29°38'29" AND AN ARC LENGTH OF 121.06 FEET; 9. NORTH 01°27'26" EAST, 106.13 FEET; 10. ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 196.00 FEET, HAVING A CENTRAL ANGLE OF 31°48'53" AND AN ARC LENGTH OF 108.83 FEET; I I. ALONG A COMPOUND CURVE TO THE RIGHT WITH A RADIUS OF 996.00 FEET, HAVING A CENTRAL ANGLE OF 08°19'45" AND AN ARC LENGTH OF 144.79 FEET; 12. ALONG A COMPOUND CURVE TO THE RIGHT WITH A RADIUS OF 2,495.00 FEET, HAVING A CENTRAL ANGLE OF 10°46'24" AND AN ARC LENGTH OF 469.14 FEET; 13. ALONG A COMPOUND CURVE TO THE RIGHT WITH A RADIUS OF 746.72 FEET, HAVING A CENTRAL ANGLE OF 03°15'02" AND AN ARC LENGTH OF 42.36 FEET; P:\19814\SRV\Mapping\LEGAL\Zone 7 - Chabot\198 I4-Z7_Chabot_Burdened Property.doc 19814.N 19 8/30/2019 Page 2 of 8 14. NORTH 36°50'56" WEST, 61.12 FEET; 15. NORTH 53°09'04" EAST, 2.18 FEET; 16. ALONG A NON -TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 81.11 FEET, FROM WHICH THE RADIUS POINT BEARS NORTH 62°08'S0" EAST, HAVING A CENTRAL ANGLE OF 26°34' 16" AND AN ARC LENGTH OF 37.62 FEET; 17. ALONG A NON -TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 140.00 FEET, FROM WHICH THE RADIUS POINT BEARS NORTH 89°15'14" EAST, HAVING A CENTRAL ANGLE OF 48°33'32" AND AN ARC LENGTH OF 118.65 FEET; 18. ALONG A REVERSE CURVE TO THE LEFT WITH A RADIUS OF 234.00 FEET, HAVING A CENTRAL ANGLE OF 09°02'50" AND AN ARC LENGTH OF 36.95 FEET; 19. ALONG A COMPOUND CURVE TO THE LEFT WITH A RADIUS OF 234.00 FEET, HAVING A CENTRAL ANGLE OF 07°40'03" AND AN ARC LENGTH OF 31.31 FEET; 20. ALONG A COMPOUND CURVE TO THE LEFT WITH A RADIUS OF 234.00 FEET, HAVING A CENTRAL ANGLE OF 29°38'29" AND AN ARC LENGTH OF 121.06 FEET; 21. NORTH 01°27'26" EAST, 106.13 FEET; 22. ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 196.00 FEET, HAVING A CENTRAL ANGLE OF 31°48'53" AND AN ARC LENGTH OF 108.83 FEET; 23. ALONG A COMPOUND CURVE TO THE RIGHT WITH A RADIUS OF 996.00 FEET, HAVING A CENTRAL ANGLE OF 08°19'45" AND AN ARC LENGTH OF 144.79 FEET; 24. ALONG A COMPOUND CURVE TO THE RIGHT WITH A RADIUS OF 2,495.00 FEET, HAVING A CENTRAL ANGLE OF 10°46'24" AND AN ARC LENGTH OF 469.14 FEET; 25. ALONG A COMPOUND CURVE TO THE RIGHT WITH A RADIUS OF 746.72 FEET, HAVING A CENTRAL ANGLE OF 03°15'02" AND AN ARC LENGTH OF 42.36 FEET; 26. ALONG A NON -TANGENT CURVE TO THE LEFT WITH A RADIUS OF 745.71 FEET, FROM WHICH THE RADIUS POINT BEARS NORTH 32°53'O1" WEST, HAVING A CENTRAL ANGLE OF 10°28'16" AND AN ARC LENGTH OF 136.28 FEET; 27. ALONG A COMPOUND CURVE TO THE LEFT WITH A RADIUS OF 150.00 FEET, HAVING A CENTRAL ANGLE OF 31°08'19" AND AN ARC LENGTH OF 81.52 FEET; 28. NORTH 15°30'25" EAST, 21.47 FEET; 29. ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 41.67 FEET, HAVING A CENTRAL ANGLE OF 59°12'53" AND AN ARC LENGTH OF 43.06 FEET; 30. ALONG A COMPOUND CURVE TO THE RIGHT WITH A RADIUS OF 506.00 FEET, HAVING A CENTRAL ANGLE OF 16°52'33" AND AN ARC LENGTH OF 149.04 FEET; 31. SOUTH 88°24'09" EAST, 83.27 FEET; 32. SOUTH 01°35'51" WEST, 20.74 FEET; P:\19814\SRV\Mapping\LEGAL\Zone 7 - Chabot\19814-Z7_Chabot_Burdened Property.doc 19814.N19 8/30/2019 Page 3 of 8 33. SOUTH 88°24'09" EAST, 50.00 FEET; 34. SOUTH 49°01'23" EAST, 15.00 FEET; 35. SOUTH 04°01'23" EAST, 12.00 FEET; 36. SOUTH 40°58'37" WEST, 32.61 FEET; 37. SOUTH 84°09'46" WEST, 70.33 FEET; 38. ALONG A CURVE TO THE LEFT WITH A RADIUS OF 300.00 FEET, HAVING A CENTRAL ANGLE OF 31°03'51" AND AN ARC LENGTH OF 162.65 FEET; 39. ALONG A COMPOUND CURVE TO THE LEFT WITH A RADIUS OF 205.00 FEET, HAVING A CENTRAL ANGLE OF 22°29'39" AND AN ARC LENGTH OF 80.48 FEET; 40. ALONG A REVERSE CURVE TO THE RIGHT WITH A RADIUS OF 580.00 FEET, HAVING A CENTRAL ANGLE OF 25°50'09" AND AN ARC LENGTH OF 261.53 FEET; 41. ALONG A REVERSE CURVE TO THE LEFT WITH A RADIUS OF 920.00 FEET, HAVING A CENTRAL ANGLE OF 25°13'46" AND AN ARC LENGTH OF 405.11 FEET; 42. ALONG A COMPOUND CURVE TO THE LEFT WITH A RADIUS OF 420.00 FEET, HAVING A CENTRAL ANGLE OF 16°28'21" AND AN ARC LENGTH OF 120.75 FEET; 43. ALONG A REVERSE CURVE TO THE RIGHT WITH A RADIUS OF 1,996.00 FEET, HAVING A CENTRAL ANGLE OF 08°02'18" AND AN ARC LENGTH OF 280.03 FEET; 44. ALONG A COMPOUND CURVE TO THE RIGHT WITH A RADIUS OF 1,996.00 FEET, HAVING A CENTRAL ANGLE OF 05°24'19" AND AN ARC LENGTH OF 188.30 FEET; 45. ALONG A COMPOUND CURVE TO THE RIGHT WITH A RADIUS OF 81.00 FEET, HAVING A CENTRAL ANGLE OF 28°24'39" AND AN ARC LENGTH OF 40.16 FEET; 46. NORTH 33°24'11" WEST, 1.23 FEET; 47. SOUTH 79°06'07" WEST, 40.29 FEET; CONTAINING 217,289.94 SQUARE FEET OR 4.99 ACRES MORE OR LESS. END OF DESCRIPTION P:\19814\SRV\Mapping\LEGAL\Zone 7 - Chabot\19814-Z7_Chabot_ Burdened Property.doc PREPARED BY: I4 BRiIe CDONALD LICENSED ' ND SURVEYOR NO. 8817 STATE OF CALIFORNIA mAcKAY & soms CML ENGINEERING•LAND PLANNING • LAND SURVEYING 5142 Franklin Drive Suite B, Pleasanton, CA. 94588-3355 (925) 225-0690 19814.N19 8/30/2019 Page 4 of 8 DATE P:\19814\SRV\Mapping\LEGAL\Zone 7 - Chabot\ 19814-Z7Chabot_Burdened Property.doc I PHASE 45 I DOC. NO. 1 2017341771 L TRACT 8415 "" / r 1I 1 r RECORD OF SURVEY 2031 BK 357 PG 88 "I r --� ' - 31 RS 28 I_ ' =_) I - -- ( r - - i -� - u SHEET 7 ]--i I i I ' -`- 1 -* - _ - 1 H TRACT 8366' �1 I BURDENED PROPERTY I i I I BK 35� 4.99 ACRES i i PG _4.5 LOT 71 H 1 Trf _, TRACT 838, 351 M 50 EXHIBIT ';!1" PAGE 5 OF 8 / I RECORD OF SURVEY 2031 i 31, RS 28 _ ._SHEETILLi HORIZON PARKWAY ' /__ \ \ / SHEET 6 \\cF \ • 4 \ \.\ \ I 1 I \ \ \ POB I I I \ \-POC _L \K PARCEL A 1 / LEGEND PARCEL K TRACT 8368 BK 357 PG TT J ( 'NUGGET W Y I 1 LOT 5 1 I 1 I TRACT 8150 1 ---2--J-0., 1 341 PHASE 4C TRACT M 6 I DOC. NO. \\ 8368 �1 , L1f1_ 2018-10689/L PG TT BK 357 11rk4 T"aaa8 (� - 1- - 345 M 89 -1 I II I 1 Fl l l IL- __, ,TRACT 830T - -�� 345 M 1 H T Il L r \ \ DUBLIN BLVD. CIO OWNERSHIP AREA EXISTING PROPERTY/RIGHT OF WAY POC POINT OF COMMENCEMENT POB POINT OF BEGINNING 0 300 600 SCALE: 1 "=300' PLAT TO ACCOMPANY DESCRIPTION BURDENED PROPERTY CITY OF DUBLIN CALIFORNIA mAcKAY & soms ENGINEERS PLANNERS SURVEYORS 5142E FRANKLIN DR, PLEASANTON, CA.94588 (925)225-0690 DRAWN DATE SCALE JOB NO. L VL AUGUST 2019 1"=300' 19814-00 08-30-2019 3:22pm Vicki Luu P:\19814\SRV\MAPPING\PLATS\CHABOT ZONE 7 OWNERSHIP\ZONE 7 CHABOT CREEK OWNERSHIP.DWG PARCEL K TRACT 8368 BK 357 PG 77 R=234.00' A=9°02'50" L=36.95' R=140.00' A=48°33132" L=118.65' R=81.11' \ A=26°34'16" L=37.62' EXHIBIT ;4 " PAGE 6 OF 8 L \ N / PARCEL A / / TRACT 8415 / 'Zs)K 357 / coT No o \ PG 88 / /T T \ `� / o 1 / O W M co.sJc R=234.00' I / rn o L=7°40'03" I / Q ,/ i� L=31 .31 ' LL _ " _--/ \ \ N53°09'04"E \ \ 2.18' N62°08'50"E(R) \ \ -- \ 1436°50'56"W \ \ 61.12' \ \ \ N65°29'58"W \ 19.33' \ \ \ \ POB \ \ \ \\ j ss \ ��� QIIII0 POC 0 50 100 200 SCALE:1 "=100' LEGEND OWNERSHIP AREA EXISTING PROPERTY/RIGHT OF WAY POC POINT OF COMMENCEMENT POB POINT OF BEGINNING (R) RADIAL BEARING R=81.00' 0=28°24'39" L=40.16' S33°24'11"E 1.23' S79°06'07"W 40.29' R=1996.00' 0=5°24'19" L=188.30' PHASE 4C DOC. NO. 2018-1058.E1 PARCEL K TRACT 8368 BK 357 PG 77 DUBLIN BLVD. PLAT TO ACCOMPANY DESCRIPTION BURDENED PROPERTY CITY OF DUBLIN CALIFORNIA MACKAY & soms ENGINEERS PLANNERS SURVEYORS 5142E FRANKLIN DR, PLEASANTON, CA 94588 (925)225-0690 DRAWN DATE SCALE JOB NO. VL AUGUST 2019 1"=100' 19814-00 08-30-2019 3:22pm Vicki Luu P:\19814\SRV\MAPPING\PLATS\CHABOT ZONE 7 OWNERSHIP\ZONE 7 CHABOT CREEK OWNERSHIP.DWG 0 I I 1 -- - HORIZON PARKWAY 50 LOT 7 TRACT 8382 351 Al 60 L 100 1 / 0 200 SCALE:1 "=100' LEGEND / / OWNERSHIP AREA EXISTING PROPERTY/RIGHT OF WAY POC POINT OF COMMENCEMENT POB POINT OF BEGINNING (R) RADIAL BEARING EXHIBIT A " PACE 7 OF 8 / / i R=746.72' A=3°15'02" L=42.36' PARCEL A TRACT 8415 BK 357 PG 88 PHASE 4C DOC. NO. 2018-106891 PLAT TO ACCOMPANY DESCRIPTION BURDENED PROPERTY CITY OF DUBLIN CALIFORNIA MACKAY SOMPS ENGINEERS PLANNERS SURVEYORS 5142B FRANKLIN DR, PLEASANTON, CA 94588 (925)225-0690 DRAWN I DATE VL AUGUST 2019 SCALE 1"=100' JOB NO. 19814-00 08-30-2019 3:23pm Vicki Luu P:\19814\SRV\MAPPING\PLATS\CHABOT ZONE 7 OWNERSHIP\ZONE 7 CHABOT CREEK OWNERSHIP.DWG EXHIBIT A" PAGE•8OF8 R=41.67'___ A=59°12153" R=506.00 L=43.06' p=16°52'33" i _ L=149.04' . — i r / N15°30'25"E / 21 .47:� S88°24' 09"E / ,- 50.00' / R=150.00' / a=31°08'19" / / 01 L=81.52' \AOs / h * / / Q.A °2,, Lo 0 / Q ti� (o. I R=746.72' o ;/ A=3°15102" _ S88°24'09"E f — 83.27' S1°35'51"W / _20.74' -- S49°01'23"E 15.00' S4°01'23"E 12.00' I S40°58'37"W 32.61' S84°09'46"W — L 70.33' L=42.36' I� l 0 50 100 PARCEL A TRACT 8415 BK 357 PG 88 200 SCALE:1 "=100' LEGEND OWNERSHIP AREA EXISTING PROPERTY/RIGHT OF WAY POC POINT OF COMMENCEMENT POB POINT OF BEGINNING (R) RADIAL BEARING TRACT 8355 BK 355 PG 45 PLAT TO ACCOMPANY DESCRIPTION BURDENED PROPERTY CITY OF DUBLIN CALIFORNIA mAcKAY & soms ENGINEERS PLANNERS SURVEYORS 51428 FRANKLIN DR, PLEASANTON, CA 94588 (925)225-0690 DRAWN DATE SCALE JOB NO. VL AUGUST 2019 1"=40' 19814-00 08-30-2019 3:23pm Vicki Luu P:\19814\SRV\MAPPING\PLATS\CHABOT ZONE 7 OWNERSHIP\ZONE 7 CHABOT CREEK OWNERSHIP.OWG EXHIBIT A Real property situate in the City of Dublin, County of Alameda, State of California described as follows: BURDENED PROPERTY 1 Being a portion of Arnold Road, as said road is shown on the final map entitled Tract 8362- Downing at Boulevard, filed on November 30, 2018 in Book 357 of Maps at Pages 84-87, Official Records of Alameda County and more particularly described as follows: Beginning at the southeast corner of Parcel C, as said parcel is shown on said map of Tract 8362; thence along the easterly boundary line of said Parcel C, North 01° 23' 35" East, 248.48 feet; thence leaving last said line, South 88° 29' 17" East, 20.50 feet; thence South 01° 23' 35" West, 111.72 feet; thence South 07° 48' 08" West, 52.31 feet for the beginning of a curve to the left, having a radius of 201.50 feet; thence in a southerly direction, 22.54 feet along the arc of said curve to the left and through a central angle of 06° 24' 33"; thence South 01° 23' 35" West, 53.19 feet; thence South 52° 24' 44" West, 14.37 feet; thence North 88° 42' 02" West, 2.23 feet to the Point of Beginning. Containing 4,299 square feet (0.10 acres) of land area, more or less. BURDENED PROPERTY 2 Being a portion of Arnold Road, as said road is shown on the final map entitled Tract 8367- Gramercy at Boulevard -Abbey at Boulevard, filed on December 18, 2018 in Book 359 of Maps at Pages 20-27, Official Records of Alameda County and more particularly described as follows: Page 1 G:\job2008\081076\Survey\Land Descriptions\Mitigation Enhancement Area\081076 Burdened Property- City.docx Beginning at the northeast corner of Parcel H, as said parcel is shown on said map of Tract 8367; thence South 88° 40' 02" East, 2.16 feet; thence South 42° 55' 57" East, 18.50 feet; thence South 01° 23' 35" West, 26.75 feet; thence North 88° 17' 42" West, 15.08 feet to the east line of said Parcel H; thence along said east line, North 01° 23' 35" East, 39.90 feet to the Point of Beginning. Containing 517 square feet (0.01 acres) of land area, more or less. BURDENED PROPERTY 3 Being a portion of Arnold Road, as said road is shown on the final map entitled Tract 8309 — Filimore at Boulevard, Sunset at Boulevard, filed on July 31, 2017 in Book 349 of Maps at Pages 26-35, Official Records of Alameda County and more particularly described as follows: Beginning at the southeast corner of Parcel C, as said parcel is shown on said map of Tract 8309; thence northerly along the easterly line of said Parcel C, North 01° 23' 35" East, 78.09 feet; thence leaving last said line, South 89° 03' 11" East, 23.13 feet; thence South 02° 11' 07" West, 42.52 feet; thence South 03° 06' 17" West, 40.27 feet; thence South 55° 20' 11" West, 18.32 feet; thence North 88° 36' 25" West, 16.40 feet; thence North 58° 47' 34" West, 23.20 feet to the east line of Parcel B, as said parcel is shown on said map of Tract 8309; thence along said east line, thence North 01° 23' 35" East, 3.84 feet to the southwest corner of said Parcel C; thence along the south line of said Parcel C, South 88° 24' 09" East, 30.00 feet to the Point of Beginning. Containing 2,345 square feet (0.05 acres) of land area, more or less. Page 2 G:\job2008\081076\Survey\Land Descriptions\Mitigation Enhancement Area\081076 Burdened Property - City.docx BURDENED PROPERTY 4 Being a portion of Arnold Road, as said road is shown on the final map entitled Tract 8361- Downing at Boulevard, filed on June 14, 2018 in Book 355 of Maps at Pages 1-3, Official Records of Alameda County and more particularly described as follows: Beginning at the northeast corner of Parcel D, as said parcel is shown on said map of Tract 8361; thence South 88° 36' 25" East, 5.96 feet; thence South 22° 18' 43" East, 27.74 feet; thence South 88° 36' 25" East, 5.62 feet; thence South 01° 23' 35" West, 17.27 feet; thence South 01° 04' 05" East, 60.61 feet; thence South 01° 23' 35" West, 15.94 feet; thence North 89° 15' 44" West, 25.33 feet to the east line of said Parcel D; thence along said east line, North 01° 23' 35" East, 119.45 feet to the Point of Beginning. Containing 2,548 square feet (0.06 acres) of land area, more or less. See Exhibit A — Plat to Accompany Legal Description which is attached hereto and made a part hereof. Scott A. Shortlidge END OF DESCRIPTION Page 3 G:\job2008\081076\Survey\Land Descriptions\Mitigation Enhancement Area\081076 Burdened Property-City.docx 0 +' to Nt w CD ��1 iq N �1 U n ^r 0 L'a co o to cn cd ,(VM)(21 Vd 7V2WI..3 U N. D co II W CC Q POINT OF BEGINNING oi PROPERTY LINE PUBLIC U71L/TY EASEMENT 01 SQUA BURDENED PROPERTY AREA N 0 W N JOB NO. 081076BR JULY 9, 2019 0 0 p�q 0 ware ranawed mrouiAserMawidtmlieroggsgiam>a:r1v -N I O C w 'O^ W N C.)U"SC Nct m CN fri ,( *We1Vd NOZWOH IN N h �DOZLc PROPERTY LINE PUBLIC UTILITY EASEMENT h N d— co Q O cW ,--'0 N .�r� row, II co 17:5 tri m V W POINT OF BEGINNING BURDENED PROPERTY SQUARE FEET A. SHORTLIDGE, IA 41 a x rc a N O N W W N CC CO 10 a 0 0 O 0 z CO 7 DATE: JULY 9, 2019 3w U man raw (email Ctram) wxrauxlszrlula urmlnwtasolgarerl n 081076BR - BP1-4 - CITY.txt Lot Report Tue Jul 9 11:47:22 2019 Lot File: C:\Users\pls_cadd3l\Desktop\Closures\MITIGATION (ARNOLD ROAD) AREA 3A.lot CRD File: C:\Users\pls_cadd3l\Desktop\Closures\MITIGATION (ARNOLD ROAD) AREA 3A.crd Lot: BP1-CITY , Block: 1, Type: LOT PNT# Bearing Distance Northing Easting 1 2083722.858 6158616.452 N 01°23'35" E 248.48 S 88°29'17" E 20.50 S 01°23'35" W 111.72 S 07°48'08" W 52.31 5 2083807.206 6158633.168 Radius: 201.50 Length: 22.54 Chord: 22.53 Delta: 6°24'33" Chord BRG: S 04°35'51" W Rad-In: S 82°11'52" E Rad-Out: S 88°36'25" E Radius Pt: 6 2083779.852,6158832.803 Tangent: 11.28 Dir: Left Tangent -In: S 07°48'08" W Tangent -Out: 5 01°23'35" W Tangential -In Tangential -Out 7 2083784.751 6158631.362 5 01°23'35" W 53.19 8 2083731.574 6158630.069 5 52°24'44" W 14.37 9 2083722.807 6158618.680 N 88°42'02" W 2.23 1 2083722.858 6158616.452 2 3 4 Closure Error Distance> 0.0000 Total Distance> 525.35 Area: 0.10 ACRES, 4299 SQ.FT. 2083971.265 6158622.493 2083970.724 6158642.986 2083859.036 6158640.270 Lot: BP2-CITY , Block: 1, Type: LOT PNT# Bearing Distance Northing Easting 10 2083567.197 6158612.667 5 88°40'02" E 2.16 11 2083567.146 6158614.823 S 42°55'57" E 18.50 12 2083553.603 6158627.423 S 01°23'35" W 26.75 13 2083526.857 6158626.772 N 88°17'42" W 15.08 14 2083527.306 6158611.697 N 01°23'35" E 39.90 10 2083567.197 6158612.667 Closure Error Distance> 0.0000 Total Distance> 102.39 Page 1 081076BR - BP1-4 - CITY.txt Area: 0.01 ACRES, 517 SQ.FT. Lot: BP3-CITY , Block: 1, Type: LOT PNT# Bearing Distance Northing Easting 1 2084586.667 6158637.459 N 01°23'35" E 78.09 2 2084664.738 6158639.357 S 89°03'11" E 23.13 3 2084664.356 6158662.481 S 02°11'07" W 42.52 4 2084621.872 6158660.860 5 03°06'17" W 40.27 5 2084581.660 6158658.679 S 55°20'11" W 18.32 6 2084571.242 6158643.613 N 88°36'25" W 16.40 7 2084571.641 6158627.217 N 58°47'34" W 23.20 8 2084583.660 6158607.377 N 01°23'35" E 3.84 9 2084587.504 6158607.470 N 88°24'09" E 30.00 1 2084586.667 6158637.459 Closure Error Distance> 0.0000 Total Distance> 275.77 Area: 0.05 ACRES, 2345 SQ.FT. 4 Lot: BP4-CITY , Block: 1, Type: LOT PNT# Bearing Distance Northing Easting 10 2084444.738 6158634.007 S 88°36'25" E 5.96 11 12 13 14 15 16 17 5 22°18'43" E 27.74 S 88°36'25" E 5.62 S 01°23'35" W 17.27 5 01°04'05" E 60.61 S 01°23'35" W 15.94 N 89°15'44" W 25.33 N 01°23'35" E 119.45 10 Closure Error Distance> 0.0000 2084444.593 6158639.968 2084418.934 6158650.497 2084418.798 6158656.111 2084401.532 6158655.692 2084340.931 6158656.821 2084324.995 6158656.434 2084325.321 6158631.103 2084444.738 6158634.007 Page 2 081076BR - BP1-4 - CITY.txt Total Distance> 277.92 Area: 0.06 ACRES, 2548 SQ.FT. Page 3 EXHIBIT A Real property situate in the City of Dublin, County of Alameda, State of California described as follows: BURDENED PROPERTY 1 Being a portion of Parcel C, as said parcel is shown on the final map entitled Tract 8309-Fillmore at Boulevard, Sunset at Boulevard, filed on July 31, 2017 in Book 349 of Maps at Pages 26-35, Official Records of Alameda County and more particularly described as follows: Beginning at the southeast corner of said Parcel C; thence along the boundary lines of said Parcel C, the following two (2) courses: (1) thence North 88° 24' 09" West, 30.00 feet and (2) North 01° 23' 35" East, 77.75 feet; thence leaving last said line and crossing through said Parcel C, South 89° 03' 11" East, 30.00 feet to the east line of said Parcel C; thence along said east line, thence South 01° 23' 35" West, 78.09 feet to the Point of Beginning. Containing 2,338 square feet (0.05 acres) of land area, more or less. BURDENED PROPERTY 2 Being a portion of Parcel D, as said parcel is shown on the final map entitled Tract 8361 — Downing at Boulevard, filed on June 14, 2018 in Book 355 of Maps at Pages 1-3, Official Records of Alameda County and more particularly described as follows: Beginning at the northeast corner of said Parcel D, thence southerly along the easterly line of said Parcel D, South 01° 23' 35" West, 119.45 feet; thence leaving last said line and crossing through said Parcel D, North 89° 15' 44" West, 30.00 feet to the west line of said Parcel D; thence along the boundary lines of said Parcel D, the following three (3) courses: (1) North 01° Page 1 G:\job2008\081076\Survey\Land Descriptions\Mitigation Enhancement Area\081076 Burdened Property - Developer.docx 23' 35" East, 93.24 feet, (2) North 37° 42' 03" East, 32.95 feet, and (3) South 88° 36' 25" East, 10.49 feet to the Point of Beginning. Containing 3,330 square feet (0.08 acres) of land area, more or less. BURDENED PROPERTY 3 Being a portion of Parcel C, as said parcel is shown on the final map entitled Tract 8362-Downing at Boulevard, filed on November 30, 2018 in Book 357 of Maps at Pages 84-87, Official Records of Alameda County and more particularly described as follows: Beginning at the southeast corner of said Parcel C; thence along the boundary lines of said Parcel C, the following three (3) courses: (1) North 88° 42' 02" West, 14.08 feet, (2) North 51° 34' 28" West, 19.94 feet, and (3) North 01° 23' 35" East, 236.55 feet; thence leaving last said line and crossing through said Parcel C, South 88° 29' 17" East, 30.00 feet to the east line of said Parcel C; thence along said east line, South 01° 23' 35" West, 248.48 feet to the Point of Beginning. Containing 7,360 square feet (0.17 acres) of land area, more or less. BURDENED PROPERTY 4 Being a portion of Parcel H, as said parcel is shown on the final map entitled Tract 8367-Gramercy at Boulevard -Abbey at Boulevard, filed on December 18, 2018 in Book 359 of Maps at Pages 20-27, Official Records of Alameda County and more particularly described as follows: Beginning at the northeast corner of said Parcel H; thence along the east line of said Parcel H, South 01° 23' 35" West, 39.90 feet; thence leaving said east line and crossing through said Parcel H, North 88° 17' 42" West, 30.00 feet to the west line of said Parcel H; thence along the boundary Page 2 G:\job2008\081076\Survey\Land Descriptions\Mitigation Enhancement Area\081076 Burdened Property - Developer.docx lines of said Parcel H, the following three (3) courses: (1) North 01° 23' 35" East, 23.34 feet, (2) North 45° 43' 07" East, 22.90 feet, and (3) South 88° 40' 02" East, 14.00 feet to the Point of Beginning. Containing 1,063 square feet (0.02 acres) of land area, more or less. See Exhibit A — Plat to Accompany Legal Description which is attached hereto and made a part hereof. Scott A. Shortlidge END OF DESCRIPTION Page 3 G:\Job2008\081076\Survey\Land Descriptions\Mitigation Enhancement Area\081076 Burdened Property - Developer.docx O CV O O 1 1 A VMx2fVd NOZIYOK N Ma 60, 0ZO99N POINT OF BEGINNING oi PROPERTY LINE PUBLIC UTILITY EASEMENT EASEMENT LINE LLJ J CC et iu `i Q- Q- V Q NC a N 0.4 W L1 wZ � a ti Q▪ i J N ii ct o, o co ci Q O JZ W CK CO Caj kuo r \g„ rn boo ct ao N -g co Z 3 Q o N 03 'Q Vr o SQUARE FEET 11 W SHEET 1 OF 2 CO (0 o_ 0 O Z 0 DATE: JULY 9, 2019 *WM Mr (AyGP7r'6 V 1) +rourannsinno ko rlassavaAeconvim • PUBLIC UTILITY EASEMENT 0 _N O co 0 1 1 1 w 0 co U 3 p 0 fr) oo co UMW 144 U IN et, cra ,c 7iWx2(Vd 7[n4WN,73 ARNOLD ROAD POINT OF BEGINNING Qi O PROPERTY LINE WED SQUARE FEET SHEET 2 OF 2 JOB NO. 081076BR DATE: JULY 9, 2019 a agar 12/r latasaao wino) arlsInrlaadrmlaearawlamraa^1 a 081076BR - BP1-4 - DEV.txt Lot Report Tue Jul 9 11:27:20 2019 Lot File: C:\Users\pls_cadd3l\Desktop\Closures\MITIGATION (DUBLIN CROSSING) AREA 2.lot CRD File: C:\Users\pls_cadd3l\Desktop\Closures\MITIGATION (DUBLIN CROSSING) AREA 2.crd Lot: BP1-DEV , Block: 1, Type: LOT PNT# Bearing Distance Northing Easting 1 2084586.667 6158637.459 N 88°24'09" W 30.00 2 2084587.504 6158607.470 N 01°23'35" E 77.75 3 2084665.234 6158609.360 S 89°03'11" E 30.00 4 2084664.738 6158639.357 S 01°23'35" W 78.09 1 2084586.667 6158637.459 Closure Error Distance> 0.0000 Total Distance> 215.85 Area: 0.05 ACRES, 2338 SQ.FT. Lot: BP2-DEV , Block: 1, Type: LOT PNT# Bearing Distance Northing Easting 5 2084444.738 6158634.007 5 01°23'35" W 119.45 6 2084325.321 6158631.103 N 89°15'44" W 30.00 7 2084325.707 6158601.104 N 01°23'35" E 93.24 8 2084418.919 6158603.370 N 37°42'03" E 32.95 9 2084444.993 6158623.524 S 88°36'25" E 10.49 5 2084444.738 6158634.007 Closure Error Distance> 0.0000 Total Distance> 286.13 Area: 0.08 ACRES, 3330 SQ.FT. Lot: BP3-DEV , Block: 1, Type: LOT PNT# Bearing Distance Northing Easting 1 2083722.858 6158616.452 2 3 N 88°42'02" W 14.08 N 51°34'28" W 19.94 N 01°23'35" E 236.55 2083723.177 6158602.376 2083735.572 6158586.753 Page 1 081076BR - BP1-4 4 2083972.056 5 2083971.265 1 2083722.858 Closure Error Distance> 0.0000 Total Distance> 549.06 Area: 0.17 ACRES, 7360 SQ.FT. S 88°29'17" E 30.00 S 01°23'35" W 248.48 Lot: BP4-DEV , Block: 1, Type: LOT PNT# Bearing Distance Northing 6 2083567.197 7 8 9 10 S 01°23'35" W N 88°17'42" W N 01°23'35" E N 45°43'07" E S 88°40'02" E 39.90 30.00 23.34 22.90 14.00 6 Closure Error Distance> 0.0000 Total Distance> 130.14 Area: 0.02 ACRES, 1063 SQ.FT. - DEV.txt 6158592.503 6158622.493 6158616.452 Easting 6158612.667 2083527.306 6158611.697 2083528.199 6158581.710 2083551.536 6158582.277 2083567.522 6158598.670 2083567.197 6158612.667 Page 2 EXHIBIT B TO DEED RESTRICTION: USACE 404 PERMIT Revision Date 4/5/2021 4 1442261.1 DEPARTMENT OF THE ARMY SAN FRANCISCO DISTRICT, U.S. ARMY CORPS OF ENGINEERS 1455 MARKET STREET SAN FRANCISCO, CALIFORNIA 94103-1398 JUN 9 2017 Regulatory Division SUBJECT: File Number 2012-00103 S Ms. Trece Herder Dublin Crossing, LLC 4750 Willow Road, Suite 150 Pleasanton, California 94588 Dear Ms. Herder: Enclosed is your signed copy of a Department of the Army permit (Enclosure 1) for the Dublin Crossing Project. This project will redevelop 157.6 acres within the former southern portion of the Camp Parks Cantonment Area, in the City of Dublin, Alameda County. The redevelopment will be a smart growth, mixed -use community with a combination of medium and high -density residential, commercial, retail, parks, open space, and a school site. Please complete the appropriate parts of "Project Status" form (Enclosure 2), and return it to this office as your work progresses. You are responsible for ensuring that the contractor or workers executing the activity authorized herein are knowledgeable of the terms and conditions of this authorization. Should you have any questions regarding this matter, please call Janelle Leeson of our Regulatory Division at (415) 503-6773. Please address all correspondence to the Regulatory Division and refer to the File Number at the head of this letter. If you would like to provide comments on our permit review process, please complete the Customer Survey Form available online at http://www.spn.usace.army.mil/Missions/Regulatory.aspx. Sincerely, *1240 John C. M ow Lieutenant Colonel, US Army District Engineer Enclosures Copy Furnished (w/encl 1 only): 2 US EPA, San Francisco, CA US FWS, Sacramento, CA (Attn. Ryan Olah) CA DFG, Napa, CA CA RWQCB, Oakland, CA (Attn. Brian Wines) PROJECT STATUS Please use the forms below to report the dates when you start and finish the work authorized by the enclosed permit. Also if you suspend work for an extended period of time, use the forms below to report the dates you suspended and resumed work. The second copy is provided for your records. If you find that you cannot complete the work within the time granted by the permit, please apply for a time extension at least one month before your permit expires. If you materially change the plan or scope of the work, it will be necessary for you to submit new drawings and a request for a modification of your permit. (cut as needed) Date: NOTICE OF COMPLETION OF WORK under Department of the Army Permit No. 2012-00103S TO: District Engineer, US Army Corps of Engineers, Regulatory Division, 1455 Market Street, 16th Floor, San Francisco, CA 94103-1398 In compliance with the conditions of Permit No. 2012-00103S, this is to notify you that work was completed on Permittee: Ms. Trece Herder, Dublin Crossing, LLC Address: 4750 Willow Road, Suite 150, Pleasanton, California 94588 (cut as needed) Date: NOTICE OF RESUMPTION OF WORK under Department of the Army Permit No. 2012-00103S TO: District Engineer, US Army Corps of Engineers, Regulatory Division, 1455 Market Street, 16th Floor, San Francisco, CA 94103-1398 In compliance with the conditions of Permit No. 2012-00103S, this is to notify you that work was resumed on Permittee: Ms. Trece Herder, Dublin Crossing, LLC Address: 4750 Willow Road, Suite 150, Pleasanton, California 94588 (cut as needed) Date: NOTICE OF SUSPENSION OF WORK under Department of the Army Permit No. 2012-00103S TO: District Engineer, US Anny Corps of Engineers, Regulatory Division, 1455 Market Street, 16th Floor, San Francisco, CA 94103-1398 In compliance with the conditions of Permit No. 2012-00103S, this is to notify you that work was suspended on Permittee: Ms. Trece Herder, Dublin Crossing, LLC Address: 4750 Willow Road, Suite 150, Pleasanton, California 94588 (cut as needed) Date: NOTICE OF COMMENCEMENT OF WORK under Department of the Army Permit No. 2012-00103S TO: District Engineer, US Army Corps of Engineers, Regulatory Division, 1455 Market Street, 16th Floor, San Francisco, CA 94103-1398 In compliance with the conditions of Permit No. 2012-00103S, this is to notify you that work was commenced on Permittee: Ms. Trece Herder, Dublin Crossing, LLC Address: 4750 Willow Road, Suite 150, Pleasanton, California 94588 29 May 03 DEPARTMENT OF THE ARMY SAN FRANCISCO DISTRICT, U.S. ARMY CORPS OF ENGINEERS 1455 MARKET STREET SAN FRANCISCO, CALIFORNIA 94103-1398 Regulatory Division SUBJECT: File Number 2012-00103S Ms. Trece Herder Dublin Crossing, LLC 4750 Willow Road, Suite 150 Pleasanton, California 94588 Dear Ms. Herder: Enclosed are two copies of a Department of the Army (DA) permit for the Dublin Crossing Project. This project will redevelop 157.6 acres within the former southern portion of the Camp Parks Cantonment Area, in the City of Dublin, Alameda County. The redevelopment will be a smart growth, mixed -use community with a combination of medium and high -density residential, commercial, retail, parks, open space, and a school site. You are advised that the Corps has established an Administrative Appeal Process, as described in our regulations at 33 C.F.R. pt. 331 (65 Fed. Reg. 16486 (March 28, 2000)) and outlined in the enclosed flowchart and Notification of Administrative Appeal Options, Process, and Request for Appeal (NAO-RFA) form. The following two options are available to you in your evaluation of the enclosed permit: 1. You may sign and date both copies of the permit on the line designated for "Permittee". Your signature on the permit indicates that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions. Both copies of the permit must be returned along with a check for $100 made payable to "F&A Officer, USAED, San Francisco" to the Regulatory Division for final authorization. We will then forward one copy of the fully executed permit for your records, at which time you will be authorized to commence work. 2. You may decline to sign the permit because you object to certain terms and conditions, and you may request that the permit be modified. If you decline the permit, you must return the permit to the District Engineer and may not proceed with your project until notified by the District Engineer. You must outline your objections to the terms and conditions of the permit by completing Section II of the NAO-RFA form. Your objections must be received by the District Engineer within 60 days of the date of this letter or you will forfeit your right to request changes to the terms and conditions of the permit. -2 Upon receipt of the completed NAO-RFA form, the District Engineer will evaluate your objections, and may: a) modify the permit to address all of your objections, b) modify the permit to address some of your objections, or c) not modify the permit, having determined that the permit should be issued as previously written. In any of these three cases, the District Engineer will send you a final permit for your reconsideration, as well as a second NAO-RFA form. Should you decline the final proffered permit, you can appeal the declined permit by submitting the completed NAO-RFA form to the Division Engineer. The NAO-RFA form must be received by the Division Engineer within 60 days of the date of the second transmittal letter, or you will forfeit your right to pursue an appeal. If you fail to sign and return both copies of this permit or fail to request a modification of the permit within 60 days from the date of this letter, your permit application may be withdrawn pursuant to our regulations at 33 C.F.R. § 325.2(d)(5). You may refer any questions on this matter to Janelle Leeson of my Regulatory staff by telephone at (415) 503-6773 or by e-mail at Janelle.D.Leeson@usace.army.mil. All correspondence should be addressed to the Regulatory Division, South Branch, referencing the file number at the head of this letter. Sincerely, John C. Morrow Lieutenant Colonel, U.S. Army Commander and District Engineer Enclosures DEPARTMENT OF THE ARMY SAN FRANCISCO DISTRICT, U.S. ARMY CORPS OF ENGINEERS 1455 MARKET STREET SAN FRANCISCO, CALIFORNIA 94103-1398 DEPARTMENT OF THE ARMY PERMIT PERMITTEE: Ms. Trece Herder Dublin Crossing, LLC 4750 Willow Road, Suite 150 Pleasanton, California 94588 PERMIT NO.: 2012-00103S ISSUING OFFICE: San Francisco District NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate District or Division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below: PROJECT DESCRIPTION: The Dublin Crossing Project will redevelop 157.6 acres within the former southern portion of the Camp Parks Cantonment Area, in the City Dublin, Alameda County, California. The redevelopment will be a smart growth, mixed -use community with a combination of medium and high -density residential, commercial, retail, parks, open space, and a school site. The project includes 38 acres of medium -density residential, 33 acres of medium -high density residential, 23 acres of general commercial/medium-high density residential, 12 acres of school space, 33 acres of park/ open space, and 18 acres of roads. Project impacts include the filling of approximately 0.35 acres of jurisdictional wetlands (0.24 acres of seasonal wetlands and 0.11 acres of wetland drainage ditches) and 1,255 linear feet (0.164 acre) of other waters of the U.S. (man-made canals). The project will also temporarily impact 77 linear feet (0.005 acre) of other waters. All work shall be completed in accordance with the plans and drawings titled "SPN-2012-1003S, Dublin Crossing Redevelopment Project, City of Dublin, Alameda County, CA, sheets 1-8, June 9, 2017" provided as enclosure 1. PROJECT LOCATION: Camp Parks, City of Dublin, Alameda County, CA PERMIT CONDITIONS: GENERAL CONDITIONS: 1. The time limit for completing the work authorized ends on June 1, 2022. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. ENG FORM 1721, Nov 86 1 (33 CFR pt. 325 (Appendix A)) 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. For your convenience, a copy of the water quality certification or waiver is attached. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. 6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. 7. You understand and agree that, if future operations by the United States require the removal, relocation or other alteration of the structure or work authorized herein, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, you will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. SPECIAL CONDITIONS: 1. Project authorization under this permit is conditional upon compliance with the minimization and avoidance measures described in the Biological Assessment prepared for the project, as detailed in the document titled Mitigation Monitoring Plan, Dublin Crossing (April 4, 2017), in Appendix E. The measures include the presence of an approved biological monitor to be present during all initial ground disturbance activities. If any threatened or endangered species are discovered during the course of project construction, the applicant shall notify the San Francisco District immediately. 2. Restoration performance standards shall be adhered to as per the Mitigation Monitoring Plan, Dublin Crossing (April 4, 2017), and the Long Term Management Plan, Dublin Crossing (April 5, 2017) and annual monitoring report shall be submitted to the Corps by December 31 for 10 years following the completion of construction. This report shall include dated photographs that cover the entire project reach, including Chabot Creek, Canal 2, and constructed seasonal wetlands. If performance standards are not being met, a brief explanation of the difficulties and potential remedial actions shall be provided. 3. Your responsibility to complete the required compensatory mitigation as set forth in Special Condition 2 will not be considered fulfilled until you have demonstrated mitigation success and have received written verification from the U.S. Army Corps of Engineers. FURTHER INFORMATION: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: ( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. Section 403). (X) Section 404 of the Clean Water Act (33 U.S.C. Section 1344). ( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. Section 1413). 2. Limits of this authorization: a. This permit does not obviate the need to obtain other Federal, State, or local authorizations required by law. ENG FORM 1721, Nov 86 2 (33 CFR pt. 325 (Appendix A)) b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal project. 3. Limits of Federal Liability: In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate. (See Item 4 above.) c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 C.F.R. § 325.7 or enforcement procedures such as those contained in 33 C.F.R. §§ 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 C.F.R. § 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions: General Condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. ENG FORM 1721, Nov 86 3 (33 CFR pt. 325 (Appendix A)) Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit. (PEITTEE) (DATE) This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below. Yt4 . 4I6hn !. Morro Lieutenant Colonel, U.S. Army District Commander Jfro/t (DATE) When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. (TRANSFEREE) (DATE) ENG FORM 1721, Nov 86 4 (33 CFR pt. 325 (Appendix A)) SPN-2012-10035, Dublin Crossing Redevelopment Project, City of Dublin, Alameda County, CA, sheets 1-8, June 9, 2017 Dublin Crossing Revised Mitigation Monitoring Plan 5 Johnson Marigot Consulting, LLC April 2017 F rJ o� 9 • N M IY f f t - i t f i i / f f f ; A f t 11 f f i ,„ f 1 t Itl EI } f f t f f f c e f f t f f li f 1 1 f f t f f f f i Aj{ f ai i ? i i i E j1 `3 z ,ff s 3 ■1.,,.i 1 Y 1 i i C }} 1 ljii i . CM R A MO (AVADORI MT DMABWW . 11111 '.`+ in,i II I; .1111_11 *. :. ii— Komandorsk i 11n 111 I,—' p �'illaR 1 - /is, 1111 I 11111 • T 11I11.11/1I , • n 111 ,;'''/I 1 •,,i1 11111_11111 1111 _ ,▪ 11111 :1I_is. 1111 .r 111 (' A tI Dials —J 114, 'ra'I' 1 fit.. • ,` per, •• II air \st +1 S A et xso,` Sr! f i • I t. 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B§ 0 0 §eWn Cr. ` \ \ I ||• 041 >| 2h, | CULVERT DETAILS 11 1 Type text hete 6?a31€Flas fl I inn ARNOLD ROAD Z R 8 8 8 Q 1- EXHIBIT C TO DEED RESTRICTION: LONG TERM MANAGEMENT PLAN TO BE UPDATED WITH FINAL APPROVED LTMP PRIOR TO RECORDATION Revision Date 4/5/2021 5 1442261.1 EXHIBIT D TO DEED RESTRICTION: MITIGATION AND MONITORING PLAN TO BE UPDATED WITH FINAL APPROVED MMP PRIOR TO RECORDATION Revision Date 4/5/2021 6 1442261.1 EXHIBIT E TO DEED RESTRICTION: RWQCB 401 PERMIT Revision Date 4/5/2021 7 1442261.1 •010 CALIFORNIA Water Boards San Francisco Bay Regional Water Quality Control Board EDMl1N❑ G. BROWN JR. GOVERNOR MATTHEW FRooRIQ.J z SECRETARY FOR Euvi NOuu ENTAL a*OYECTIOP+ Sent via electronic mail: No hardcopy to follow TO BE UPDATED WITH FINAL APPROVED LTIVIRRICCR7TO RECORDATION CIWQS Place No. 812873 (bkw) CIWQS Reg. Meas. No. 399698 Corps File No. SPN 2012-00103S Dublin Crossing, LLC. 4750 Willow Road, Suite 150 Pleasanton, CA 94588 Attn: Trece Herder (Trece.Herder@calatl.com) Subject: Water Quality Certification for the Dublin Crossing Development Project in the City of Dublin, Alameda County Dear Ms. Herder: San Francisco Bay Regional Water Quality Control Board (Water Board) staff has reviewed the application materials that were submitted by Cardno, Inc. (the Applicant's authorized agent) on behalf of Dublin Crossing, LLC. (the Applicant) for the Dublin Crossing Development Project, in the City of Dublin, in Alameda County (Project). The Applicant has applied to the U.S. Army Corp of Engineers (Corps) for authorization of the Project pursuant to a Clean Water Act (CWA) Section 404 Individual Permit (Corps File No. SPK 2012-00103S). You applied to this office under Section 401 of the CWA for water quality certification (Certification) verifying that the Project does not violate State water quality standards. Project Description: The following Project description was derived from application materials received on February 2, 2015, and supplemental materials received through April 7, 2017. The Project purpose is to create a mixed -use residential community, with associated infrastructure, including parks and a school, within an infill site in the City of Dublin (See Figure 1, Project Site and Vicinity Map, and Figure 2, Wetlands and Waters of the U.S. Impacts Map, in Attachment A) The Project will be comprised of 38 acres of medium -density residential, 33 acres of medium -high density residential, 6 acres of general commercial/medium-high density residential, 4 acres of general commercial/high-density residential, 13 acres of mixed -use, 12 acres of school space, 33 acres of park and open space, and 18 acres of roads. The Project will be developed over an eight to twelve-year period in phases. Project Location. The Project site occupies 157.6 acres within the City of Dublin, Alameda County, California (Section 6, Township 3 South and Range 1 East of the U.S. Geological Survey (USGS) Dublin 7.5-minute topographic quadrangle) (See Figure 3: USGS Quadrangle Map, in Attachment A). This site is within a previously developed portion of the 2,485-acre U.S. Army's Parks Reserve Forces Training Area. The Project site is bounded by 5th and 6th Streets to the North, Arnold Road to the east, Dublin Boulevard to the South, and Scarlett Drive and Iron D. TERRY F. YOUNG, CHAIR BRVCE H. WoLFE, EXECUTIVE OFFICER 1515 Clay St., Suite 1400, Oakland, CA 94612 I www.waterboards.ca.gov/sanfranciscobay Dublin Crossing, LLC - 2 - Dublin Crossing Project CWIQS Place ID No. 812873 Horse Regional Trail to the West. The site is comprised of all or part of three parcels (APNs: 986-1-1-15, 986-0034-006, 986-0034-002). The project site has a gentle southwestern slope, with elevations ranging from approximately 335 to 360 feet above mean sea level. About 77 acres of the site is developed, with existing or former buildings, parking areas, storage areas, and roads. Debris from the demolished buildings that once occpeigtltgp of pr 1ffpAt4sikiltIVOISDILdilPtilR f oiRaito'gk agION previously developed portions of the site. The project site is dominated by non-native grasslands. Dominant species include wild oats (Avena fatua), Italian rye grass (Festuca perennis), ripgut brome (Bromus diandrus), foxtail barley (Hordeum murinum ssp. leporinum), and soft chess (Bromus hordeaceus). Associated annual forbs include primarily non-native plants such as black mustard (Brassica nigra), short pod mustard (Hirschfeldia incana), Italian thistle (Carduus pycnocephalus), yellow star -thistle (Centaurea solstitialis), bull thistle (Cirsium vulgare), bristly ox-tongue (Helminthotheca echioides), alkali mallow (Malvella leprosa), stinkwort (Dittrichia graveolens), and annual fireweed (Epilobium brachycarpum). Waters of the State: Three types of waters of the State are present within the Project site: seasonal wetlands, drainage ditches, and seasonal stream channels, which are referred to as the Chabot Canal and Canal 2 in the application materials (See Figure 2, Wetlands and Waters of the U.S. Impacts Map, in Attachment A). The project site is located in the San Francisco Bay 8-digit hydrologic unit code (HUC #18050004), in the Arroyo Mocho 10-digit HUC (HUC #1805000403). Chabot Canal is a reach of Chabot Creek that has been modified by the U.S. Army. The hydrology of the Project site is provided by direct precipitation and seasonal flows to Chabot Canal and Canal 2 from the upstream watersheds. The watershed that supports Chabot Canal is approximately 927 acres. The watershed that supports Canal 2 is approximately 688 acres. The overall southwestern slope of the project site directs surface flows towards the southwest. As water flows southward, it enters a channelized portion of Chabot Creek that extends from Dublin Boulevard to roughly Interstate Highway 580. Immediately north of Interstate Highway 580, flow in Chabot Creek joins the underground municipal stormwater system, and flows southward, daylighting at Arroyo Mocho, just south of West Las Positas Boulevard in Pleasanton. Canal 2 begins as a concrete -lined channel northeast of the Project site in the Tassajara Creek Regional Park. This canal also conveys stormwater flows from developed areas northeast of the Project site. Flow in Canal 2 eventually discharges to the municipal stormwater system at Dublin Boulevard, which ultimately discharges to Arroyo Mocho. A segment of Canal 2 that runs parallel to Arnold Road is outside of the Dublin Crossing Project site, and is referred to in Project documents as the Canal 2 Crossings Area. Table 1 summarizes the extent of waters of the State at the Project site and Canal 2 Crossings Area. There is a total of 1.235 acres and 4,153 linear feet of waters of the State within the Dublin Crossing Project site; 0.35 acre (574 linear feet) is jurisdictional wetlands and 0.885 acre (3,579 linear feet) consists of other waters of the State. There are also 0.052 acre (750 linear feet) of other waters of State in the Canal 2 Crossings Area. The U.S. Army will impact a segment of Chabot Canal on the north side of the Project site as part of the construction of a flood control project, the Parks Reserve Forces Training Area Road and Utility Improvements Project (Camp Parks RFTA Project; USACE File No. SPN-2004-2847750S; Water Board Site No. 02-01-C1180 (bkw); CIWQS Place ID No. 804392), that extends into the northern portion of the Dublin Crossing Project site. Dublin Crossing, LLC - 3 - Dublin Crossing Project CWIQS Place ID No. 812873 The Army will fill the northern portion of the Chabot Canal and construct a new canal, called the Parks Project Canal, about 400 feet to the west of the existing canal alignment (See the Figure, Chabot Canal Impacts, in Attachment A). The U. S. Army flood control project has independent utility and will be implemented under a separate Certification. T Ole ElErrlikb lineErMe rtili 044 14ADOSIORMVPIE9~0FWDFtMO CL'aOJRIIIJ*TION Jurisdictional Water Type Acres Linear Feet Dublin Crossing Project Site Wetlands Seasonal Wetland 0.24 n/a Wetland Drainage Ditch 0.11 574 Wetlands Subtotal 0.35 574 Other Waters Chabot Canal 0.70 1536 Cana12 0.090 1311 Parks Project Canal 0.095 732 Other Waters Subtotal 0.885 3,579 Total* 1.235 4,153 Offsite but Within Project Footprint Canal 2 Crossings Area** Other Waters 0.052 750 *Total jurisdictional waters on Dublin Crossing Project site **Canal 2 Crossings Area is located outside the Dublin Crossing Project site, but will be impacted by construction/restoration associated with the project A 0.24-acre seasonal wetland is located in the center of the project site. This feature is dominated by non-native facultative wetland plants consisting primarily of narrow leaved plantain (Plantago lanceolata) and seaside barley (Hordeum marinum). Four segments within the drainage ditch system on the Project site, with an area of 0.11 acres and length of 574 linear feet, exhibit evidence of long-term inundation and/or evidence of intermittent flow. These areas are dominated by a variety of facultative wetland or obligate wetland plants species, such as tall flatsedge (Cyperus eragrostis), Baltic rush (Juncus balticus), western dock (Rumex occidentalis), and common spikerush (Eleocharis macrostachya) and exhibit depleted or gleyed soils. Chabot Canal at the Project site is a channelized and partially concrete -lined portion of Chabot Creek. Vegetation within Chabot Canal consists of emergent vegetation, such as cattails (Typha sp.), rushes (Juncus balticus), and sedges (Cyperus eragrostis) in the southern section, a small amount of riparian vegetation in the central portion, mowed or cleared vegetation within the low -flow channel, and annual grassland margins in the northern section. Chabot Canal is mostly a vegetated channel, but has a concrete -lined reach at the southern perimeter of the Project site. In addition, some portions of Chabot Canal have rock rip -rap armoring and/or concrete armoring adjacent to culverts or at storm drain outfalls into the Canal. A large concrete -bottomed box Dublin Crossing, LLC - 4 - Dublin Crossing Project CWIQS Place ID No. 812873 culvert is located at 4th Street. This culvert has concrete bibs and wingwalls that are being undercut by flows in the canal. Canal 2 is a partially culverted and partially concrete -lined channel that flows alongside Arnold Road, immediately east of the eastern boundary of the Project site. South of Central Parkway, Canal 2 splits and an overflow channel cuts southwest through the southeastern edge of the Project site (the onsite portion of the canal), while the main flows are undergrounded and enter the City of Dublin stormdrain system in Arnold Road. The onsite portion (southwestern portion) of Canal 2 crosses the Project site in a northeast/southwest orientation, flowing from Arnold Road (diagonally in plan -view) to an existing culvert located under Dublin Blvd. This segment is densely vegetated with narrow -leaved cattail (Typha angustifolia), with several arroyo willow (Salix lasiolepis) trees interspersed along the length of the canal and margins dominated by ruderal vegetation. The southwestern extent of the canal is concrete -lined. The offsite portion of Canal 2 is adjacent to Arnold Road and flows from North to South, before turning onto the Project site. This segment is highly disturbed, with significant lengths lined with concrete and rock riprap, and is largely unvegetated. Uplands adjacent to the canal are dominated by ruderal vegetation and ornamental trees, including black locust (Robinia pseudoacacia), southern live oak (Quercus virginiana), silktree (Albizia julibrissin), and Chinese pistache (Pistacia chinensis). However, hydrophytic vegetation grows in several pockets of accumulated silt in the channel These vegetated pockets are dominated by tall flatsedge, narrow -leaved cattail, and hardstem bulrush (Schoenoplectus acutus). Two segments of the offsite portion of Canal 2, referred to as the Canal 2 Crossings Area in Project documents, will be impacted by the construction of box culverts to support road crossings. Channel restoration will occur upstream and downstream of each crossing. The new northern crossing for Horizon Parkway will be placed over the footprint of an existing box culvert and its associated concrete apron. The new southern crossing for Central Parkway will be placed over an existing rock riprap-lined reach of the channel (See Figure P2.1, Canal 2 Proposed Restoration Plan, in Appendix B in Attachment C). Stormwater Treatment: Stormwater infrastructure for the Project site has been designed to comply with water quality and hydromodification requirements in Provision C.3 of the Municipal Regional Stormwater National Pollutant Discharge Elimination System (NPDES) Permit (MRP) (Order No. R2-2015-0049; NPDES Permit No. CAS612008; November 11, 2015). The post -construction stormwater control plan for the Project is presented in the Storm Water Management Plan, Dublin Crossing, City of Dublin, Alameda County California (SWMP) (Ruggeri -Jensen -Azar, April 14, 2017). Stormwater quality treatment measures consist of bioretention cells and Silva Cells that will be distributed throughout the development and incorporated into common space landscape areas and paseos. Cross -sections of the bioretention cells are illustrated in Appendix C of Attachment B and cross -sections of Silva Cells are illustrated in Appendix D of Attachment B. Proposed locations of bioretention cells and Silva Cells are indicated in the figures in Appendix F of Attachment B. Hydromodification mitigation plans are illustrated in Appendix H of Attachment B. The Project will use underground, 96-inch diameter storm drain storage pipes, in combination with surface and underground detention facilities, to comply with the hydromodification mitigation requirements of the MRP. Treated storm water runoff will ultimately be conveyed to the existing, underground City storm drain facilities along Dublin Boulevard. Treatment BMPs shall be Dublin Crossing, LLC - 5 - Dublin Crossing Project CWIQS Place ID No. 812873 regularly maintained to ensure they continue to be effective and do not cause flooding or other harmful nuisances. Maintenance of stormwater facilities will be the responsibility of the Home Owners Association (HOA) for Dublin Crossing, which is referred to as the Master Association in Section 2.39 of the Master Declaration of Covenants, Conditions, and Restrictions of Boulevard (CC&Rs) (Little & Saputo, March 31, 2017). The HOA shall implement the Operations and Maintenance Manual for the Stormwater Quality & Hydromodification Control Facilities, Dublin Crossing, Tract 8150, Dublin, California (O&M Manual) (MacKay & Somps, April 28, 2017) to ensure that the stormwater infrastructure functions as designed. Impacts: The Water Quality Control Plan for the San Francisco Bay Basin (Basin Plan) is the Board's master water quality control planning document. It designates beneficial uses and water quality objectives for waters of the State, including surface waters and groundwater. The Project will impact waters of the State tributary to Arroyo Mocho. Arroyo Mocho has existing beneficial uses of groundwater recharge, cold freshwater habitat, fish migration; fish spawning; warm freshwater habitat; wildlife habitat; contact water recreation; and non -contact water recreation. By the tributary rule, the beneficial uses assigned to a water body are presumed to apply to its tributaries. The Dublin Crossing Project's impact on waters of the State will be the result of grading, fill, channel realignment, and culvert construction. All onsite wetlands and wetlands ditches will be filled. The northern, on -site end of Chabot Canal will be diverted into an 11-foot by 4-foot earthen bottom, box culvert under the future Horizon Parkway (See the figure, Chabot Channel Culvert Details, Boulevard, in Attachment A). At the southern, on -site end of Chabot Canal, the channel will be placed into an 8-foot by 8-foot box culvert; four stormwater outfalls will discharge into this box culvert. The southwestern end of Canal 2 will be filled and undergrounded in a 5-foot diameter, reinforced concrete pipe for residential development. A portion of Canal 2 in the Canal 2 Crossings Area will be impacted by installation of box culverts for the Central Parkway and Horizon Parkway crossings (See the figures, Culvert Details, Tract 8309 - Boulevard, in Attachment A). The bottom of each box culvert will be placed below the channel invert, and the lower portion of each culvert will be filled with soil to match the upstream and downstream channel invert. The Dublin Crossing Project's impacts to waters of the State are summarized in Table 2. Project construction will permanently impact 0.24 acre of seasonal wetland and 0.11 acre of wetland ditches, with a length of 574 linear feet, for a total of 0.35 acres of wetland impacts. The Project will also permanently impact 0.164 acre of other waters of the State, with a total length of 1,255 linear feet (1,013 linear feet within Chabot Canal and the onsite portion of Canal 02 and 242 linear feet within the Canal 2 Crossings Area). The Project will temporarily impact 77 linear feet of the onsite portion of Canal 02 (See Figure 2, Wetlands and Waters of the U.S. Impacts Map, the figure titled, Chabot Canal Impacts, the figure titled, Chabot Channel Culvert Details Boulevard, and the figures titled, Culvert Details Tract 8309 — Boulevard, in Attachment A). About 770,000 cubic yards of fill, consisting of redistributed earthen fill will be placed in permanently impacted wetlands and other waters of the State at the Project site. Dublin Crossing, LLC -6- Table 2. Project Impacts to Waters of the State Dublin Crossing Project CWIQS Place ID No. 812873 Jurisdictional Water Type Existing Permanent Impacts Temporary Impacts Avoided Acres Linear Feet Acres Linear Feet Acres Linear Feet Acres Linear Feet Dublin Crossing Project Site - 574 i 0 0 F F - 0 0 Wetlands + Wetlands Subtotal 0.35 574 0.35 574 0 Other Waters 1415 r 769 F 305 2,489 - Chabot Canal Canal 02 0.70 0.090 1536 1311 0.058 0.032 J 121 465 427 1,013 242 0.005 1 1 77 1 1 0.636 0.053 0.038 0.727 - Parks Project Canal 0.095 732 0.057 i Other Waters Subtotal 0.885 3,579 0.147 j Canal 02 Crossings Area* - - 0.017 Total others waters of the U.S. Impact** 1,255 Total 1.235 4,153 0.514 1,829 0.005 77 0.727 2,489 * The Canal 02 Crossings Area is located outside of but adjacent to the Project site **Total onsite and offsite other waters of the U.S. The Project will permanently impact 0.35 acres of wetlands and 0.164 acres of other waters of the State (1,829 linear feet) and temporarily impact 0.005 acres (77 linear feet) of other waters of the State on site (See Table 2 above). 1,829 linear feet of channels will be permanently impacted, and 77 linear feet of channels will be temporarily impacted. Due to the Project site's proximity to relatively undisturbed and undeveloped portions of Alameda and Contra Costa Counties, several special status -species are known to occur within five miles of the Project site. However, surveys conducted at the Project site in 2002-2003, 2012- 2013, 2014, and 2015 have not found special status species, and the Project site is not located within designated critical habitat for any special -status species. Based on the negative findings in the prior surveys, State or federally listed plant or wildlife species are not expected to occur on the Project site. Mitigation: The Dublin Crossing Project will permanently impact 0.35 acre of wetlands and 1,829 linear feet (0.164 acre) of other waters and temporarily impact 77 linear feet (0.005 acre) of other waters. In order to mitigate these impacts, the following mitigation will be provided: • Creation of 0.70 acre of seasonal wetlands, within widened canals; • Restoration of 748 linear feet of disturbed canals; • Enhancement of 2,184 linear feet of disturbed canals; and • Enhancement of 77 linear feet of a temporarily impacted canal. Dublin Crossing, LLC - 7 - Dublin Crossing Project CWIQS Place ID No. 812873 Wetland creation and channel restoration and enhancement are described in the Revised Mitigation Monitoring Plan, Dublin Crossing, 620 6th Street, Dublin, Alameda, California (MMP) (Johnson Marigot Consulting, LLC, April 4, 2017). Mitigation for impacts to waters of the State shall be implemented within the 5.47-acre Chabot Canal Restoration and Enhancement Area and the 0.42-acre Canal 2 Restoration Area and the 2.03-acre Canal 2 Enhancement Areas; these areas have a total surface are of 7.92 acres and are collectively referred to as the Restoration and Enhancement Areas in the MMP. Restoration and enhancement efforts will include the removal of 41,236 square feet of concrete structures, pipes, asphalt, and concrete riprap from along the canals. As part of restoration and enhancement efforts, the banks and substrate of the canals will be widened re -contoured and planted with native vegetation. The Chabot Canal and Canal 02 restoration, enhancement, and riparian planting plans are included in Appendices B and C in Attachment C. Trails will be constructed along Chabot Canal and maintenance pathways will be constructed along both canals to provide maintenance access. Within the restored and enhanced segment of Chabot Canal, two clear -span pedestrian footbridges and one clear -span vehicular bridge will be installed (See the figure titled, Chabot Canal Impacts, and the figure titled, Chabot Channel Culvert Details Boulevard, in Attachment A). A single clear -span pedestrian footbridge and two vehicular crossings over box culverts will be installed over Canal 2 (See the figures titled, Culvert Details Tract 8309 — Boulevard, in Attachment A). Restoration and enhancement plans in the MMP are design to recreate some natural channel characteristics in the canals, which have been historically relocated and channelized by the U.S. Army. Wetlands will be created in the northernmost and southernmost portions of the Chabot Canal and a majority of the restored and enhanced portion of Canal 2. The created wetlands will be linear features providing floodplain habitat and flood water storage capacity. Habitat values in the restored and enhanced canals will be enhanced with riparian plantings. The restoration, enhancement, and wetland creation plans for Chabot Canal and Canal 2 are included in Appendix B of Attachment C. The planting plans for Chabot Canal and Canal 2 and associated wetlands are included in Appendix C of Attachment C. Restoration: About 60 linear feet of Chabot Canal is currently encased in a concrete -bottomed box culvert at 4th Street, which has associated concrete bibs and areas of concrete and asphalt riprap. The culvert and riprap will be completely removed and the banks and substrate of the canal will be re -contoured and planted with native vegetation. Chabot Canal restoration will also include a 180-foot extension of Chabot Canal downstream of future Horizon Parkway. Construction of the extension will require excavation and re -contouring of the 180-linear-foot canal extension to match the upstream channel invert elevation. Following construction of the extended portion, the canal will be planted with native vegetation. A total of 240 linear feet of Chabot Canal will be restored. Restoration within Canal 2 will include the removal of concrete lining and riprap from about 508 linear feet (6,812 square feet), followed by re -contouring of the banks and substrate of the canal, which will be planted with native vegetation. A total of 508 linear feet of Canal 2 will be restored. Enhancement. 1,415 linear feet of Chabot Canal and 846 linear feet of Canal 2 (includes enhancement of 77 linear feet of temporary impacts) will be enhanced, for a total of 2,184 linear Dublin Crossing, LLC - 8 - Dublin Crossing Project CWIQS Place ID No. 812873 feet of enhancement. Plans for the restoration and enhancement of Chabot Canal and Canal 2 are provided in Appendices B, C, and D in Attachment C. Enhancement of Chabot Canal includes the removal of parking lots, buildings, storage yards, chain -link fencing, and roads from about 1,700 feet along Chabot Canal to allow for the widening and recontouring of the canal banks and the establishment of a vegetated riparian zone (Appendix B in Attachment C). Enhancement also includes removing concrete footings, concrete structures, pipes, asphalt, and concrete riprap from the canal. Canal banks will be re -contoured and the canal will be widened to provide a more natural and meandering path for Chabot Canal. The low -flow channel and riparian area will be seeded with a native seed mix and planted with riparian trees and shrubs (see the Planting Plan in Appendix C of Attachment C). The planting plan for Chabot Canal includes the installation of 82 native trees and 379 native herbs and shrubs, as well as hydroseeding about 4.44 acres of the bed and banks of the canal. Riparian enhancement of Canal 2 includes removing scattered concrete and riprap from the channelized portion of the canal and creating a naturalized substrate for the implementation of the riparian planting plan. The banks of the canal will also be laid back and re -contoured to give the channel some sinuosity. The bed of the canal will be seeded with native plants that are typical of a seasonal swale. The planting plan for the onsite portion of Canal 2 includes the installation of 68 native trees and 215 native herbs and shrubs, as well as hydroseeding about 1.63 acres of the bed and banks of the channel The planting plan for the offsite portion of Canal 2 includes the installation of 36 native trees and 144 native herbs and shrubs, as well as hydroseeding about 0.71 acre of the bed and banks of the channel. About 0.70 acre of linear seasonal wetlands will be created at the northern and southern extents of the Chabot Creek canal and along the entire onsite portion of Canal 2. The wetlands will be created on benches adjacent to the low -flow channels of the restored and enhanced canals. The surfaces of the created seasonal wetlands will be hydroseeded with a mix of native wetland and upland species. Table 3 summarizes mitigation for impacted waters of the State. Dublin Crossing, LLC - 9 - Dublin Crossing Project CWIQS Place ID No. 812873 Table 3. Mitigation for Impacts to Waters of the State Impact Location Other Waters (Permanent Impacts) Impacts Wetlands (Permanent Impacts) Other Waters (Temporary Impacts) * * Other Waters Restoration Mitigation Other Waters Wetlands Enhancement Creation Dublin Crossing 1,013 LF 0.35 ac 77 LF Project Site Canal 2 Crossings 242 LF Area* Total 1,255 LF 240 LF - 508 LF 0.35 ac 77 LF 748 LF 2,184 LF 0.70 ac 2,184 LF 0.70 ac * This portion of Canal 2 is offsite, but adjacent to, the Project site. ** Temporarily impacted sections of canal will be enhanced in accordance with the plans in Appendices B and C in Attachment C. The MMP includes a 5-year maintenance and monitoring program for the created wetlands and 10-year maintenance and monitoring program for the canal restoration and enhancement areas. Annual hydrologic, vegetation, and wildlife monitoring of the restored/enhanced canals and created seasonal wetlands will be conducted for a period of five years, commencing the winter following the completion of planting of the compensatory mitigation project. Vegetation surveys will be conducted in the spring of each monitoring year. These surveys will be conducted to determine the species composition and cover of the restored/enhanced features, as well as to determine the survivorship, health, and vigor of the planted native vegetation. Annual monitoring will be conducted for the first five years. Biannual monitoring of woody riparian plantings within the canals will be conducted for an additional five years (10 years total). The MMP includes performance standards that must be achieved before compensatory mitigation activities are deemed successful. These performance standards are summarized in Table 4 (Table 10 in the MMP). If at any point during the monitoring period, the vegetation or hydrology performance standards are not attained, the Applicant shall assess the reason that the performance standard(s) is not being attained and appropriate remedial actions shall be developed. Remedial actions may include, but are not limited to: additional hydroseeding, replacement plantings for dead shrubs and trees, changes in the planting palettes to remove species that are not surviving well at the Project site, modification of wetland bench elevations, and repair of erosion on channel beds or banks. If remedial actions are necessary, the monitoring and maintenance period may be extended to track the long-term success of those remedial actions. After the year-10 performance standards are attained, long-term management of the mitigation features at Chabot Canal and Canal 2 shall be managed in conformance with the Long -Term Management Plan, Dublin Crossing, 620 6th Street, Dublin, Alameda, California (LTMP) (Johnson Marigot Consulting, LLC, April 5, 2017). The LTMP establishes objectives, priorities, and tasks to monitor, manage, maintain, and report on the aquatic resources within the Dublin Crossing, LLC - 10 - Dublin Crossing Project CWIQS Place ID No. 812873 restoration and enhancement areas. Activities associated with restoration and enhancement of Chabot Canal and Canal 2 and the construction of mitigation wetlands, as well as maintenance and monitoring associated with achievement of the performance standards are the responsibility of Dublin Crossing, LLC or its successors. Following the construction of the Restoration and Enhancement Areas, ownership of the Restoration and Enhancement Areas will be transferred to the Zone 7 Water Agency (Zone 7), the public agency that will also act as the Land Manager, responsible for the management and maintenance of these areas in perpetuity. Zone 7 will simultaneously grant the Applicant a maintenance agreement to allow the Applicant access to the Restoration and Enhancement Areas as necessary to perform the maintenance, monitoring and reporting necessary to attain the final performance standards in Table 4 of this Certification and Table 10 of the MMP. The Restoration and Enhancement Areas will be encumbered with a deed restriction, recorded with the County of Alameda, to run with the land in perpetuity. The deed restriction will limit land uses and management of the Restoration and Enhancement Areas in accordance with the LTMP to ensure protection of biotic resources. An Endowment Fund shall be established to provide income to fund perpetual management, monitoring, and maintenance within the Restoration and Enhancement Areas. The Applicant shall fund this endowment and the Zone 7 shall hold and invest this endowment. California EcoAtlas: It has been determined through regional, state, and national studies that tracking of mitigation/restoration projects must be improved to better assess the performance of these projects, following monitoring periods that last several years. In addition, to effectively carry out the State's Wetlands Conservation Policy of no net loss of wetlands, the State needs to closely track both wetland losses and mitigation/restoration project success. Therefore, we require that the applicant use the California Wetlands Form to provide Project information related to impacts and mitigation/restoration measures (see Condition No. 25 of this Certification). An electronic copy of the form and instructions can be downloaded at: http://www.waterboards.ca.gov/sanfranciscobay/certs.shtml. Project information concerning impacts and mitigation/restoration will be made available at the web link: http://www.ecoatlas.org/regions/ecoregion/bay-delta/projects. CEQA: Acting as the California Environmental Quality Act (CEQA) lead agency, the City of Dublin prepared the Dublin Crossing Specific Plan and the Dublin Crossing Specific Plan Environmental Impact Report (EIR) (State Clearinghouse Number 2012062009) in 2013. The City of Dublin filed a Notice of Determination for the EIR with the Alameda County Clerk on November 6, 2013. Water Board staff find that the Project's impacts to the Beneficial Uses of waters of the State have been identified and mitigated to less than significant levels with the implementation of the following measures: implementation of the MMP; compliance with construction phase stormwater treatment requirements (State Water Resources Control Board Order No. 2009-0009- DWQ, as amended); implementation of on -going operation and maintenance of the stormwater treatment measures described in Attachment B to this Certification and in the O&M Manual; and compliance with the conditions of this Certification. Certification: I hereby issue an order certifying that any discharge from the referenced Project will comply with the applicable provisions of sections 301 (Effluent Limitations), 302 (Water Dublin Crossing, LLC - 11 - Dublin Crossing Project CWIQS Place ID No. 812873 Quality Related Effluent Limitations), 303 (Water Quality Standards and Implementation Plans), 306 (National Standards of Performance), and 307 (Toxic and Pretreatment Effluent Standards) of the Clean Water Act, and with other applicable requirements of State law. This discharge is also regulated under State Water Resources Control Board Order No. 2003 - 0017 - DWQ, "General Waste Discharge Requirements for Dredge and Fill Discharges That Have Received State Water Quality Certification", which require compliance with all conditions of this Water Quality Certification. The following conditions are associated with this certification: 1. No debris, rubbish, creosote -treated wood, soil, silt, sand, cement, concrete, or washings thereof, or other construction related materials or wastes, oil or petroleum products or other organic or earthen material shall be allowed to enter into, or be placed where it may be washed by rainfall or runoff into waters of the State. Any of these materials placed within or where they may enter waters of the State by the Applicant or any party working under contract, or with the permission of the Applicant shall be removed immediately. When operations are completed, any excess material shall be removed from the work area and any areas adjacent to the work area where such material may be washed into waters of the State. During construction, the contractor shall not dump any litter or construction debris within the riparian/stream zone. All such debris and waste shall be picked up daily and properly disposed of at an appropriate site; 2. The Applicant shall adhere to the terms of the Individual Permit issued by the Army Corps of Engineers (Corps File No. SPN 2012-00103S); 3. The Applicant shall adhere to the conditions imposed by CDFW in the Streambed and Lake Alteration Agreement (Notification No. 1600-2016-0082-R3) issued for the Project. 4. Soil disturbing work within Chabot Canal and Canal 2 shall be restricted to the April 15 to October 31 dry season; 5. No equipment shall be operated in areas of flowing or standing water; no fueling, cleaning, or maintenance of vehicles or equipment shall take place within any areas where an accidental discharge to waters of the State may occur; construction materials and heavy equipment must be stored outside of creek channels and wetlands; and all earth moving work shall be performed outside of areas of flowing water or standing water; 6. The Applicant shall obtain coverage under and comply with the Statewide NPDES Construction Stormwater General Permit (State Water Resources Control Board Order No. 2009-0009-DWQ, as amended). This includes the following requirements: a. Prior to the start of the rainy season, the Applicant shall ensure that disturbed areas of waters of the State and disturbed areas that drain to waters of the State are protected with correctly -installed and —maintained erosion control measures (e.g., jute, straw, coconut fiber erosion control fabric, coir logs, etc.), and/or revegetated with propagules (seeds, cuttings, divisions) of locally collected native plants. Erosion control textiles that include plastic monofilament netting are prohibited from use at the Project site or at the mitigation sites; Dublin Crossing, LLC - 12 - Dublin Crossing Project CWIQS Place ID No. 812873 b. Where areas of bare soil are exposed during the rainy season, appropriate sediment and silt control measures shall be used where silt and/or earthen fill threaten to enter waters of the State, consistent with the requirements. Silt control structures shall be monitored for effectiveness and shall be repaired or replaced as needed. Buildup of soil behind silt fences shall be removed promptly and any breaches or undermined areas repaired at once; 7. All work performed within waters of the State shall be completed in a manner that minimizes impacts to beneficial uses and habitat; measures shall be employed to minimize disturbances along the Other Waters that may adversely impact the water quality of waters of the State. Disturbance or removal of vegetation shall not exceed the minimum necessary to complete Project implementation; 8. No later than 24 hours prior to the start of a likely rain event, the Applicant shall ensure that disturbed areas within the drainage ditches or preserved waters of the State in the Open Space shall be protected with correctly installed erosion control measures (e.g., jute, straw, coconut fiber erosion control fabric, coir logs, straw, etc.). The likely rain event is defined as any weather pattern that is forecast to have a 50% or greater probability of producing precipitation in the Project area. The Applicant shall obtain, and keep for record, a printed copy of precipitation forecast information from the National Weather Service Forecast Office (e.g., by entering the zip code of the Project's location at http://www.srh.noaa.gov/forecast); 9. Any concrete used in the Project shall be allowed to completely cure (a minimum of 28 days) before it comes into contact with water in Chabot Canal or Canal 2. Compliance with this condition shall be demonstrated when the pH of water applied to a concrete surface is 9.5 pH units, or less; 10. Any groundwater or accumulated stormwater removed during dewatering of excavations shall not be discharged directly to waters of the State without meeting the following turbidity conditions: the turbidity of any discharged water shall not exceed 110 percent of the ambient turbidity of the receiving water, if receiving water turbidity is greater than 50 NTU; or 5 NTU above ambient turbidity, if the ambient turbidity is less than or equal to 50 NTU; 11. Any groundwater or accumulated stormwater that is discharged to waters of the State shall have a pH in the range of 6.5 to 8.5; 12. If groundwater or accumulated stormwater is discharged from the Project site, the Applicant shall monitor the turbidity of the discharged water once every 15 minutes during the startup phase of any turbidity reduction equipment and at two-hour intervals after the discharged turbidity achieves steady state levels that are in compliance with Condition 10. The pH of discharged water shall be measured daily. All required monitoring measurements shall be recorded, along with a daily estimate of the flow rate and volume of water discharged, and submitted to the Water Board within 7 days of the end of any month in which groundwater or accumulated stormwater is discharged from the Project site; 13. The Applicant is responsible for fully implementing the Storm Water Management Plan, Dublin Crossing, City of Dublin, Alameda County California (SWMP) (Ruggeri- Dublin Crossing, LLC - 13 - Dublin Crossing Project CWIQS Place ID No. 812873 Jensen -Azar, April 14, 2017). The bioretention cells, Silva Cells, and hydromodification infrastructure presented in the SWMP must be constructed and operational in the first rainy season in which new or recreated impervious surfaces are created that drain to those stormwater treatment measures, following the stabilization of soil within the drainage area tributary to the infrastructure (See Appendices C, D, E, F, and H in Attachment B). If soil in areas that discharge to the treatment infrastructure has not been stabilized prior to the first rainy season after the impervious surfaces have been created, the Applicant shall continue to provide construction stormwater management best management practices consistent with the requirements of Condition 6 until the surfaces have been stabilized and stormwater can be delivered to the post -construction treatment infrastructure. The Applicant shall ensure that these BMPs provide CWA maximum extent practicable (MEP) treatment for stormwater runoff from all new or recreated impervious surfaces at the Project site and that this treatment is consistent with the requirements of the National Pollutant Discharge Elimination System (NPDES) Municipal Regional Permit (MRP) for municipal stormwater runoff (Order No. R2-2015-0049; NPDES Permit No. CAS612008; November 11, 2015). Any changes from the stormwater infrastructure in Attachment B, including sizing, locations, or designs of stormwater management and treatment infrastructure, cannot be implemented without the prior approval of the Water Board's Executive Officer; 14. The Home Owners Association (HOA) (referred to as the Master Association in Section 2.39 of the CC&Rs) for the Project site shall be responsible for maintaining the post -construction stormwater BMPs at the Project site in conformance with the requirements of the Operations and Maintenance Manual for the Stormwater Quality & Hydromodification Control Facilities, Dublin Crossing, Tract 8150, Dublin, California (O&M Manual) (MacKay & Somps, April 28, 2017). By September 1, 2017, the Applicant shall submit the final text of the (CC&Rs), which must be consistent with the proposed elements of the Master Declaration of Covenants, Conditions, and Restrictions of Boulevard (CC&Rs) (Little & Saputo, March 31, 2017) (See Attachment D), to the Executive Officer of the Water Board for review and approval. The CC&Rs shall detail the HOA's responsibility for the maintenance and operation of the stormwater BMPs described in Condition 13, Attachment B, and the O&M Manual, so that these BMPs continue to provide MEP treatment of stormwater runoff. Detailed provisions for managing and maintaining the stormwater bioretention cells, Silva Cells, and hydromodification infrastructure to provide the treatment specified in Condition 13, as well as the funding mechanism for managing and maintaining the stormwater bioretention cells, shall be incorporated in the CC&Rs for the Project. The CC&Rs shall not be finalized until the Water Board's Executive Officer has approved the proposed stormwater management provisions of the Project's CC&Rs, including scheduled inspections, maintenance activities, and funding. The responsibility for maintenance and monitoring of the site's post -construction stormwater treatment system shall be written into the CC&R's and thus transferred to all future owners, into perpetuity. Enforcement of these restrictions shall be reflected in the CC&Rs of the HOA at the Project site. The sections of the CC&Rs that address operation and maintenance of the stormwater BMPs (e.g. Sections 2.65, 2.66, 3.5.9, Dublin Crossing, LLC - 14 - Dublin Crossing Project CWIQS Place ID No. 812873 3.5.12, 3.5.15, 4.4, 4.7, 4.21.3, 5.1, 5.1.8, 5.1.9, 5.3.2, 5.3.11., 5.3.12, 10.1.9, 10.1.10, and 10.2.1) may not be altered without the approval of the Water Board's Executive Officer. Measures shall be in place to notify all occupants and potential occupants of the restrictions in the CC&Rs related to stormwater management; 15. As each phase/neighborhood of the Project is constructed, the final stormwater management plans for each phase/neighborhood shall be in conformance with the Storm Water Management Plan, Dublin Crossing, City of Dublin, Alameda County California (SWMP) (Ruggeri -Jensen -Azar, April 14, 2017) and in conformance with the Operations and Maintenance Manual for the Stormwater Quality & Hydromodification Control Facilities, Dublin Crossing, Tract 8150, Dublin, California (O&M Manual) (MacKay & Somps, April 28, 2017), including the implementation of design details for the Bio-retention and Silva Cell treatment facilities. Final storm water management plans for each phase/neighborhood shall be simultaneously: 1) submitted to the City of Dublin as the Permittee under the C.3 Provisions of the Municipal Regional Permit (MRP) for municipal stormwater runoff (Order No. R2- 2015-0049) for review and approval; and 2) submitted to the Water Board's Executive Officer for review and approval at least 30 days prior to the projected construction date for that phase/neighborhood. The approved stormwater management plans for each phase/neighborhood shall be attached to the O&M Manual and shall be incorporated by reference into the CC&R's through the recordation of the Stormwater Management Maintenance Agreement, as required by the City for each approved phase/neighborhood; 16. Within 30 days of the first Project -related disturbance of waters of the State, the Applicant shall provide the Executive Officer of the Water Board with written notification that the Project has disturbed waters of the State; 17. Within 30 days of completing all Project elements with impacts to waters of the State that are authorized by this Certification, the Applicant shall provide the Executive Officer of the Water Board with a Final Project Completion Report that includes: (a) the Project name; (b) the CIWQS Place ID listed at the top of this Certification; and (c) the date Project impacts to waters of the State at the Project site were completed. The Final Completion Report shall include an as -built report for the Project that documents any significant deviations between the actual extent of impacts to on -site and off -site waters of the State and the impacts authorized by this Certification and shall document the need for any such deviations. Deviations from authorized impacts shall be documented in as -built plans that shall be included with the as -built report. The as -built report shall include pre- and post -construction photographs taken from established photo -documentation stations (Condition 18), as -built plans, and a brief description of construction activities; 18. To document channel and bank conditions at the Restoration and Enhancement Areas at the Project site, the Applicant shall establish a minimum of 5 photo -documentation points along Chabot Canal and 5 photo -documentation points along Canal 2 at the Project site, including the Canal 2 Crossings portion of Canal 2. These photo - documentation sites shall be selected to document channel and bank conditions at the major Project elements in the creek channels, including the transitions from natural Dublin Crossing, LLC - 15 - Dublin Crossing Project CWIQS Place ID No. 812873 channel banks to new box culverts, and locations at which the establishment of riparian and wetland vegetation at the two canals can be tracked along the Project canal reaches. The Applicant shall prepare site maps with the photo -documentation points clearly marked. Following implementation of the Project, the Applicant shall photographically document the immediate post -construction condition of the site and submit a report to the Water Board including the post -construction photographs, and the map with the locations of the photo -documentation points. This report shall be submitted to the Water Board along with the as -built report (See Condition 17); 19. The Applicant shall implement all mitigation measures presented in the Revised Mitigation Monitoring Plan, Dublin Crossing, 620 6th Street, Dublin, Alameda, California (MMP) (Johnson Marigot Consulting, LLC, April 4, 2017), and described in the body of this Certification and in the designs in Attachment C. Mitigation for impacts to waters of the State shall be implemented within the 5.47-acre Chabot Canal Restoration and Enhancement Area, the 0.42-acre Canal 2 Restoration Area, and the 2.03-acre Canal 2 Enhancement Areas. Restoration and enhancement shall be consistent with the design plans and planting plans in Appendices B through D in Attachment C. Any changes to the mitigation presented in the MMP, including changes to the mitigation designs, planting palettes, performance criteria, maintenance activities, or monitoring activities must be submitted to the Water Board's Executive Officer for review and approval before they are implementation; 20. The Applicant is responsible for implementing the monitoring activities described in Section 5 of the MMP. Survival of grasses and shrubs shall be monitored for five years. Monitoring of channel stability and tree survival and growth shall continue bi- annually through year 10. Monitoring shall continue until the final performance standards in the body of this Certification and Table 4 of this Certification (Table 10 of the MMP), as described in detail in Section 4 of the MMP, are attained. Success of the mitigation program shall be determined by Water Board staff. Only plants that have survived for two years without irrigation may be used to demonstrate compliance with the final vegetation performance standards in Table 4 in the body of this Certification (Table 10 of the MMP). If final performance standards are not achieved, dead plants must be replaced in kind, unless the Applicant demonstrates that the site is not conducive to survival of a plant species, in which case alternate native riparian plant species may be used, upon obtaining the approval of the Water Board's Executive Officer. Replacement plantings must be made within one year of survival rates failing to meet the specified performance standards. Replacement shrubs and forbs shall be monitored for five years from the date of replanting, and replacement trees shall be monitored for 10 years from the date of replanting. Replacement plants are subject to the same performance criterion as the initial plantings; 21. During the initial 5-year monitoring period, the Restoration and Enhancement Areas shall be surveyed for non-native plant species that are rated as "High" risk to the health of wild lands by the California Invasive Plant Council (http://www.cal-ipc.org/paf/), and these species shall be removed. Other non-native species that are not rated "High" but are known to be invasive in the area shall also be controlled. Weed control activities may include mowing, cutting, hand -removal and/or herbicide application. Dublin Crossing, LLC - 16 - Dublin Crossing Project CWIQS Place ID No. 812873 Trash and other undesirable debris shall be removed from the mitigation area at least twice per year throughout the initial monitoring period. Weed control and debris management, including the names and quantities of any herbicides used at the Project site, shall be summarized in the monitoring report for that year (See Condition 26); 22. Following the completion of the construction of the Restoration and Enhancement Areas, ownership of the Restoration and Enhancement Areas shall be transferred to the Zone 7 Water Agency (Zone 7), the public agency that will also act as Land Manager, responsible for the management and maintenance of these areas in conformance with the requirements of the LTMP in perpetuity. Zone 7 will grant the Applicant a maintenance agreement to allow the Applicant access to the Restoration and Enhancement Areas as necessary to perform the maintenance, monitoring and reporting necessary to attain the final performance standards in Table 4 of this Certification and Table 10 of the MMP. ; 23. The Applicant shall record a Deed Restriction over the Chabot Canal Restoration and Enhancement Area, the Canal 2 Restoration and Enhancement Area, and the Crossings Restoration and Enhancement Area prior to transfer of the Chabot Canal and Canal 2 Restoration and Enhancement Area to Zone 7. The Deed Restriction shall limit land uses and management of the Restoration and Enhancement Areas to ensure protection of biotic resources. Appendix A of the Long -Term Management Plan, Dublin Crossing, 620 6th Street, Dublin California (LTMP) (Johnson Marigot Consulting, April 5, 2017) contains acceptable text for this Deed Restriction. No later than June 1, 2019, the Applicant shall record the deed restriction with Alameda County. No later than 30 days prior to filing the final Deed Restriction with Alameda County, the Applicant shall submit a copy of the final Deed Restriction, which must be consistent with the draft language included in Appendix A to the LTMP, to the Executive Officer of the Water Board for review and approval; 24. In addition to placing a Deed Restriction over the Restoration and Enhancement Areas, no later than June 1, 2019, the Applicant shall provide the Executive Officer of the Water Board with evidence of payment of $600,000 to the endowment for perpetual management and maintenance of the Restoration and Enhancement Areas no later than September 1, 2017. Zone 7 shall hold the endowment. The principal in the endowment shall generate sufficient revenue to cover the long-term management tasks described in the Long -Term Management Plan, Dublin Crossing, 620 6th Street, Dublin California (LTMP) (Johnson Marigot Consulting, April 5, 2017). Grading at the Project site shall not be performed after September 1, 2017, unless the Executive Officer of the Water Board has been provided with documentation that the endowment to support Zone 7's implementation of the LTMP has been established and fully funded; 25. The Applicant is required to use the standard California Wetlands Form to provide Project information describing impacts and onsite mitigation measures within 14 days from the date of this Certification. An electronic copy of the form can be downloaded at: http://www.waterboards.ca.gov/sanfranciscobay/certs.shtml. The completed form shall be submitted electronically to habitatdata@waterboards.ca.gov or shall be submitted as a hard copy to both (1) the Water Board (see the address on the Dublin Crossing, LLC - 17 - Dublin Crossing Project CWIQS Place ID No. 812873 letterhead), to the attention of EcoAtlas and (2) the San Francisco Estuary Institute, 4911 Central Avenue, Richmond, CA 94804, to the attention of EcoAtlas; 26. Annual reports shall be submitted to the Water Board by January 31 following years 1, 2, 3, 4, 5, 7, 9, and 10 after Restoration and Enhancement Area construction and planting. The reports shall include information on the survival and overall condition of the plantings in the Restoration and Enhancement Areas and the stability of the creek channels of Chabot Canal and Canal 2. Reports shall summarize each year's monitoring results, including the need for any remedial actions (e.g. re -planting or bank stabilization), and including all information specified in Section 5.2 of the MMP. Reports shall describe any maintenance activities performed in the prior year, including, but not limited to, any removal of sediment from the canals, any removal of debris from the canals, any stabilization measures implemented in the Project reaches of Chabot Canal and Canal 2, management of invasive plant species, and replanting or reseeding of vegetation. The reports shall compare data to previous years and detail progress towards meeting final performance standards in Table 4 of this Certification (Table 10 of the MMP). At the end of year 10, a comprehensive final report shall be prepared that includes summaries of the monitoring data, representative photos, and maps. Annual reports and the comprehensive final report shall include photographs from the photo -documentation points specified in Condition 18. The final report shall document if the Restoration and Enhancement Areas have attained the final performance standards. If a performance standard is not met in any of the monitoring years, or if the final success criteria are not met at the end of year 5 for grasses, shrubs, and forbs, or at the end of 10 years for trees and channel stability, the Applicant shall work with the Water Board to prepare an analysis of the cause of the failure. If deemed necessary by the Executive Officer of the Water Board, remedial actions shall be implemented, including extension of the monitoring period until the performance standards are met. Success of restoration shall be determined by Water Board staff; 27. Monitoring reports shall include an evaluation of channel geomorphology that includes an assessment of the stability of the channel banks, an assessment of any scour visible on the channel banks, an assessment of the channel thalwegs for any signs of head cuts or nick points, an assessment of bank stability at the culverted channel crossings, and an assessment of any accumulation of sediment in the Project reach. The final report shall summarize the stability of the creek thalweg and creek banks in the Chabot Canal and Canal 2 and the progress of the revegetation program. If the surveys and/or photographs indicate that the banks are unstable or that the thalweg is significantly either aggrading or incising, the Applicant shall meet with the Water Board to evaluate potential sources of the instability, and propose remedial actions. If deemed necessary by the Water Board, remedial actions shall be implemented and funded by the Applicant; 28. In accordance with CWC § 13260, the Applicant shall file with the Water Board a report of any material change or proposed change in the ownership, character, location, or quantity of this waste discharge. Any proposed material change in operation shall be reported to the Water Board's Executive Officer at least 60 days in advance of the proposed implementation of any change. This shall include, but not be limited to, all Dublin Crossing, LLC - 18 - Dublin Crossing Project CWIQS Place ID No. 812873 significant new soil disturbances, all proposed expansions of development, or any change in drainage characteristics at the Project site. For the purpose of this Order, this includes any proposed change in the boundaries of the area of wetland/waters of the State to be filled; 29. The Applicant shall provide a copy of this Certification and all conditions to all contractors and all subcontractors conducting Project work, and require that a copy of this Certification remain in their possession at the work site. The Applicant shall be responsible for work conducted by its contractors and subcontractors at the Project site; 30. The Applicant shall provide Water Board staff access to the Project site to document compliance with this Certification; 31. This certification action is subject to modification or revocation upon administrative or judicial review, including review and amendment pursuant to Section 13330 of the California Water Code (CWC) and Section 3867 of Title 23 of the California Code of Regulations (23 CCR); 32. This certification action does not apply to any discharge from any activity involving a hydroelectric facility requiring a Federal Energy Regulatory Commission (FERC) license or an amendment to a FERC license, unless the pertinent certification application was filed pursuant to California Code of Regulations (CCR) Title 23, Subsection 3855(b) and that application specifically identified that a FERC license or amendment to a FERC license for a hydroelectric facility was being sought; and 33. Certification is conditioned upon total payment of the full fee required in State regulations (23 CCR Section 3833). The total fee for this Project is $15,439, based on permanent and temporary impacts to 0.519 acres and 1,906 linear feet of waters of the State. The Water Board received payment in full on April 11, 2017, for the application fee for the Project. An annual discharge fee shall be paid to the Water Board until all of the impacts to waters of the State at the Project site that are authorized by this Certification have been implemented (See Condition 17) (Note: The Annual Active Discharge Fee may be changed by the State Board; at the time of Certification it was $720 per year). After all impacts to waters of the State at the Project site have been implemented, an Annual Post Discharge Monitoring Fee shall be paid to the Water Board until the monitoring reports required pursuant to Condition 26 have all been submitted to the Water Board (Note: The Annual Post Discharge Monitoring Fee may be changed by the State Board; at the time of Certification it was $360 per year). This certification applies to the Project as proposed in the application materials and designs referenced above in the conditions of certification. Be advised that failure to implement the Project in conformance with this certification is a violation of this water quality certification. Also, any violation of water quality certification conditions is a violation of State law and subject to administrative civil liability pursuant to CWC Section 13350. Failure to meet any condition of a certification may subject the Applicant to civil liability imposed by the Water Board to a maximum of $10,000 per day of violation or $10 for each gallon of waste discharged in violation of this action. Any requirement for a report made as a condition to this action (e.g., Conditions 12, 13, 14, 16, 17, 18, 19, 21, 24, 25, 27, 28, 29, 30, and 31) is a formal requirement pursuant to CWC Section 13267, and failure or refusal to provide, or falsification of such required report, is Dublin Crossing, LLC - 19 - Dublin Crossing Project CWIQS Place ID No. 812873 subject to civil liability as described in CWC Section 13268. Should new information come to our attention that indicates a water quality problem with this Project, the Water Board may issue Waste Discharge Requirements. Please contact Brian Wines of my staff at (510) 622-5680 or brian.wines@waterboards.ca.gov if you have any questions. All future correspondence regarding this Project should reference the Site Number indicated at the top of this letter. Sincerely, for Bruce H. Wolfe Executive Officer Attachments (Provided as Separate Files) A Location Maps, Site Figures, and Bridge Designs B: Excerpts from the Storm Water Management Plan, Dublin Crossing, City of Dublin, Alameda County California (SWMP) (Ruggeri -Jensen -Azar, April 14, 2017). C: Excerpts from the Revised Mitigation Monitoring Plan, Dublin Crossing, 620 6th Street, Dublin, Alameda, California (MMP) (Johnson Marigot Consulting, LLC, April 4, 2017). D: Proposed Requirements for Stormwater Management in the CC&R's for the Dublin Crossing (aka Boulevard) Home Owners Association (HOA) Cc: SWRCB, DWQ, Bill Orme (Stateboard401@waterboards.ca.gov) U.S. EPA, WTR-8, Jennifer Siu (Siu.Jennifer@epa.gov) Corps, Katerina Galacatos (katerina.galacatos@usace.army.mil) CDFW, Bay Delta Region, Attn: Marcia Grefsrud (Marcia. gefsrud@wildlife. ca. gov) Cardno, Shannon Karvonen (shannon.karvonen@cardno.com) Zone 7, Carole Mahoney (cmahoney@zone7water.com) EcoAtlas (Habitat.data@waterboards.ca.gov) ATTACHMENT A Water Quality Certification for the Dublin Crossing Development Project in the City of Dublin Alameda County Location Maps, Site Figures, and Bridge Designs Figure 1. Project Site and Vicinity Map r Oakland Leandro Hayward � 1M1 Cardnv Shaping the Future 6%. Pleasanton Livermore LEGEND ❑ Project Boundary (157,6 ac.) 4. N 0 500 1 000 Scale in Fes Dublin Crossing Revised Mitigation Monitoring Plan 5 Johnson Marigot Consulting, LLC April 2017 INSET MAP Parks Project (Avoided X X X X X > XXXXX> XXXXX> XXXXX) XXXXX; XX—XXX; XXXXX: Existing Acreage Seasonal Wetland Wetland Drainage Ditch Canal 01 Parks Project Canal Canal 02 Canal 2 - Offsite Improvement Area OVERALL TOTAL: LEGEND Project Area (157.6 ac.) Offsite Improvement Area Limit of Work (0.84 ac.) Offsite Improvement Restoration Area (508 I.f.) Outfall Buffer x X X X X X X X X X X X X X X X X X X X X X X X X X X X XXXXXXXXXXX X X X X X X X X X X X X X XXXXXXXXXXXXX XXX XXX X X X X X X X X X X XX XX X X XX X X XX X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X x Existing Linear Feet Parks XX X X X X X XXXXX' :XXXX XXXXX; .XXXXX X X X X X XXXXXX X XX <XXXXX X' .XXXXXX XXXXXX XXXX xx X Project (Permanent Wetland Impacts Permanent Impacts Symbol Acreage Linear Feet Temporary Impacts Symbol USACE Jurisdictional Wetlands USACE Other Waters of the U.S. Acreage Linear Feet Avoided Impacts Symbol Acreage Linear Feet Parks RFTA Road and Utility Improvements Project (Parks Project SPK-2004-284475) Impacts to be Authorized: Canal 01 (0.28 ac., 1376 I.f.) vY —canal-0� MOM MOM MOM MOM MOM OOO MOM MOM OOO MOM NOT ES Gross Site Acreage: +/- 157.6ac *This exhibit depicts information and data produced in strict accord with the U.S. Army Corps of Engineers wetland delineation methods described in the 1987 Corps of Engineers Wetland Delineation Manual and conforms to specifications per the Corps Sacramento District. However, wetland boundaries have not been legally surveyed and may be subject to minor adjustments if exact locations are required. **The acreage value for each feature has been rounded to the nearest 1/100 decimal. Summation of these values may not equal the total potential Waters of the U.S. acreage reported. San Rafael an C1SCO Oakland• f1II,' - Concord San Leandro 8p Mt Diablo State Fr;iF Iliiilllr .Antioch r • Fremr_git 1=•?i.v00dr S TA L R A ',Art I & I Ak' `;unn'':ale San Jose AA /ATM canal'02 Delineators: Bonnie Peterson, Cardno Carlos Alvarado, Cardno GIS Specialist: Kevin Gabel, Cardno Preparation Date: 6/25/2014 Revision Date: 4/4/2017 -121.8932, 37.7129 • improvement E ,I canal:02---77offsite impr_ovement_area lime -off -work ill�1 io1 11151 Cardno Shaping the Future DUBLIN CROSSING Dublin, California Figure 2. Wetlands and Waters of the U.S. Impacts Map 6E Date: 4/4/2017 0 100 200 1 inch = 167 feet Projection: Cal. Stateplane, Zone 3 Datum: NAD 83 400 Feet San Ramon Village 1 II rinnl I (j IIHIL Ko 1 1111 111Hill ---1 _ I' — �' '� ! III 1111 I .1 Hu gm - 1 /i"iI WI I_I1111 1111 : I I _ - 1111 e1 1 _ Dou4te — Lake C habot 'Regional Park ,,ni5rn1 Castro i �Ilo- p;R Play Car :Ino Shaping the Future Map Extent 'ill I IIII III • 1111 111111111... \BOUNDARY LIVE FaiOREV 1� Livermore __ShaaoV, C VA> Ruby Hill Gall lub 1,000 2,000 SCALE IN FEET 4,000 TASSAJAR'CREEK REGIONAL. PARK -- ;�� nii:lnn uiuuTtuu 1r* Santa Rita •Rettabiii ation Center Alameda Col LEGEND GI Project Boundary (157.6ac) DUBLIN CROSSING Figure 3 USGS Quadrangle Map Figure 3. Parks Project Canal Existing Condition rfrurrrr6tFrri, pi:: Chabot Canal Project Boundary/ 1 0 150 300 ft Parks RFTA Project Interim Condition Parks Project Canal 0 150 300 ft Dublin Crossing Final Condition 427 Linear feet of Impact Project Boundary proposed seasonal wetland 0 150 300 ff LEGEND Project Boundary Rock Covered with Vegetated Soil = = Buffer Chabot Canal RXXX <XXX San r ran dsco. Prajeltt Slte Vja) C -area Shaping the Felere DUBLIN CROSSING Dublin, California Chabot Canal Impacts 9 Date:11f212016 Dublin Crossing Revised Mitigation Monitoring Plan 11 Johnson Marigot Consulting, LLC April 2017 V7rVv MM 12' TRAIL/MAINT. ROAD DESTRI N 12' TRAIL/MAINT. ROAD LEGEND: ........ PROPOSED OUTER LIMIT OF CHANNEL BUFFER 16' PAVED TRAIL/MAINT. ROAD RUSTIC TRAILS PROPOSED CHABOT CHANNEL PROPOSED 100-YEAR FLOOD ELEVATION ZONE 7 OWNERSHIP/DEED RESTRICTION RIPARIAN AREA PROPOSED CHANNEL SECTION 4 PREFABRICATED FOOT BRIDGE (1.5'± THICKNESS) PROPOSED CHANNEL SECTION RIPARIAN AREA PROPOSED CHANNEL SECTION 100 YEAR STORM WATER SURFACE 2 YEAR STORM WATER SURFACE ZONE 7 OWNERSHIP/DEED RESTRICTION 2 YEAR STORM WATER SURFACE F SECTION A -A ZONE 7 OWNERSHIP/DEED RESTRICTION PREFABRICATED VEHICULAR/PEDESTRIAN BRIDGE (4'± THICKNESS) SECTION B-B PREFABRICATED FOOT BRIDGE (1.51± THICKNESS) 2 YEAR STORM WATER SURFACE T c` 00 CONCRETE ABUTMENT (TYP.) SECTION C-C 100 YEAR STORM WATER SURFACE RUSTIC TRAIL CONCRETE ABUTMENT (TYP.) CONCRETE ABUTMENT (TYP.) PILES (TYP.) 100 YEAR STORM WATER SURFACE 0 50 100 200 2' TRAIL/MAINT. ROAD PAVED PATHWAY/ MAINTENANCE ROAD 12' RIPARIAN AREA RUSTIC TRAIL TRAIL/MAINT. ROAD 12' TRAIL/MAINT. ROAD SHEET 1 OF DUBLIN CROSSING CHABOT CREEK BRIDGE CROSSING EXHIBIT CITY OF DUBLIN CALIFORNIA MACKAY soms ENGINEERS PLANNERS SURVEYORS 5142B FRANKLIN DR, PLEASANTON, CA 94588 (925)225-0690 F/L FLOWLINE EL ELEVATION SCALE: 1 "=100' MACKAY & SOMPS IS NOT RESPONSIBLE FOR THE ACCURACY OR COMPLETENESS OF REPRODUCTIONS OF THIS DOCUMENT THAT ARE GENERATED BY OTHERS FROM ELECTRONIC MEDIA PLEASANTON OFFICE 1" = 100' SCALE 04-25-2016 DATE 19814.000 JOB NO. 04-25-2016 3:45pm Carrie Wallace P:\19814\PLN\EXH—P\PERMIT EXHIBITS\EXH—CHABOT CREEK BRIDGES.DWG 40:10 AM ROGER FONG 350 345 340 335 330 Nozoti ‘, 24. �o F • 'Li N REALIGNED CHABOT CHANNEL "s 9 U� rJ ' V OP OF SLOPE frorefoie .47,mow-Te&weffeAfe \ \~// /\/\ //:// /\\/\\\"\\\ re\�r �\�/j��;!\�;���/ (\ 26f00 268' PROPOSED PAVEMENT SURFACE 1 I 1 PROPOSED HEADWALL PROPOSED HEADWALL I TI VE LAYER ?OCK RIPRAP I Q ROCK RIPR Lu ti Q Li • • 0 d_ • • • • ° . ° 'c . A 4 .a••• .11 ° d. ° CO�cm ,v. I -f— U-.I — ~� ti� ' — _ 1001R WSE I — I — '- A 0 FL 335.60 — co FL I ,333 - _ �y\y�y�/ �i V/ Vr ,r ,•,� ,, i , ,/ `\�,\� .\� \jw,w.Niwi<ii,i :ii\.N;N;\N��NiNiNy N r �r �/r\�\r\r \ \ -- ��. i�i/`i/ �� /% ,� ,r ,, �\�i\\�\\ , �. �. �. /\/\�N/N/N \\ \\ \\ \\ \ \ \ \\ \//\// /\r/ / / / / //N�%i��i \, \� �\\/\\/ / \ \ \ \ \// / / / / / / \ \ \\/ r%ram//\ijNi/.7/.,/. '�\'�\ \/\�\ / /\/ \ /\/N�/��i\\/N\ \/N�\/ v 4.. '° a :° 9 9 9 9 9 °•° • a •a •v d • °.. v •d a. ^. o c . 1c,b0c, 1-... ,? (9 c"..1 ) C Q J LIJ k IsLi 'zCCr) -k U Wp m O U O 4.o -Q iNi SCALE: 1"=20' HORIZONTAL 1"=4' VERTICAL CHABOT CHANNEL CULVERT DETAILS BOULEVARD 350 345 340 335 330 0 20 40 1 inch = 20 ft. 60 7-PROPOSED HEADWALL LEGEND C/L EX FL INV SD SS WSEL 11' 100YR WSEL 338.99 \�., Nyi,Y % jr/jam/\/v v \//'' UPSTREAM SECTION SCALE: 1"=5' HORIZONTAL & VERTICAL PROPOSED HEADWALL rWS6.6 2' THICK CAL TRANS FACING CLASS ROCK RIPRAP 1 ' THICK VEGETA T/ VE LAYER OF SOIL ABOVE ROCK RIPRAP DOWNSTREAM SECTION SCALE: 1 "=5' HORIZONTAL & VERTICAL CENTER LINE EXISTING FLOW LINE GAS INVERT STORM DRAIN SANITARY SEWER WATER WATER SERVICE ELEVA TON 1 RUGGERI-JENSEN-AZAR ENGINEERS • PLANNERS • SURVEYORS 4690 CHABOT DRIVE, SUITE 200 PLEASANTON, CA 94588 PHONE: (925) 227-9100 FAX: (925) 227-9300 c5 CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA DATE: MARCH 24, 2017 JOB N0. 081076BR1B SHEET 1 OF 1 (11 cp 4.1 ti cse co 0 0 0 0 C) C1 C1 X ---GEX 15'SSI- 33 CAL TRANS FACING CLASS 2' MIN THICK ROCK RIPRAP. ROCK RIPRAP SHALL BE BURIED WITH A 1' VEGETA TI VE LAYER OF SOIL ABOVE RIPRAP /\ ♦ ♦ • f 3-F /\ 1 W Cri • i C1 C1 > -L5l HORIZON PARKWAY 3-f EX 6 "G ARNOLD ROAD - SD OUTFALL TO CULVERT HEADWALL IPS TRH ND CAL TRANS FACING CLASS i-- 2' MIN THICK ROCK RIPRAP. ROCK RIPRAP SHALL BE BURIED WITH A 11 VEGETATIVE LAYER OF SOIL ABOVE RIPRAP =11 III III III_ Cil o � n. - r _O z, C.A Cil a T _ • / ❑ 0 r L, J O z O 127' 360 360 Q PROPOSED PA MENT (r) GGRADE 355 — et r 355 PROPOSED HEADWALL PROPOSED HEADWALL 100YR. WSEL. 32.4' 350 — Z _, — —_ ROUND AT 350 v 0 36+00.85 C/L OF CULVERT 31/04.30 in W h _ FL 34Z81 FL 346.8f 0.19 d1n - - __-..on11:'311 II--II-I .....� ����W��41 345 345 EX GROUND s� ������ O O O O O .- O w IAAD /� � AT C/L / OF CULVERT O O 340 CAL TRANS FACING CLASS• "n TOP or FOOTING '' ii.,) "� 340 2' MuN ROCK RIPRAP MICA ROCK RIPRAP. SHALL BE BURIED "'Izt Z o CAL TRANS FACING CLASS WI TH A 1' VEGETATIVE LAYER OF Q Lctl o �, + C3 0 ct 2'MIN 'THICK ROCK RIPRAP. IPRAP SOIL ABOVE RIPRAP co M v ( J ROCK / W/ TH A SHALL DE GIIRIED 1 VEGETA T1 VE LA 1'-R OF Y o c, SOIL AE OVE RIPRAP 335 okb 335 +50 34+00 35+00 36+00 37+50 SCALE: 1 "=20' HORIZONTAL 1 "=5' VERTICAL 360 350 340 CULVERT DETAILS TRACT 8309 - BOULEVARD CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA 360 350 340 0 20 40 1 inch = 20 ft. 60 LEGEND C/L CENTER LINE EX EXISTING FL FLOW LINE G GAS INV INVERT SD STORM DRAIN SS SANITARY SEWER W WATER WSEL WATER SERVICE ELEVA TON PROPOSED WINGWALL PROPOSED HEADWALL PROPOSED WINGWALL EX ARNOLD ROAD SURFACE 1% EXISTING GROUND 18" SD OUTFALL MATCH EX FL PROPOSED WINGWALL 17' 100YR. WSEL.=350.85 FL 34700 11 THICK VEGETATIVE LAYER OF SOIL ABOVE ROCK RIPRAP 2' MIN THICK 'W TRANS FACIA('' ROCK RIPRAP CtA.S,S UPSTREAM SECTION SCALE: 1 "=10' HORIZONTAL & VERTICAL PROPOSED HEADWALL PROPOSED WINGWALL EX ARNOLD ROAD SURFACE 1% 100YR. WSEL.=350.60 EXIS77NG GROUND -FL 346.84 18" SD OUTFALL MATCH EX A T CANAL 1 ' THICK VEGETA 77VE LAYER OF SOIL ABOVE ROCK RIPRAP — 2' MIN THICK CAL TRANS FACING CLASS ROCK RIPRAP DOWNSTREAM SECTION SCALE: 1 "=10' HORIZONTAL & VERTICAL 360 350 340 360 350 340 1\� RUGGERI-JENSEN-AZAR ENGINEERS • PLANNERS • SURVEYORS 4690 CHABOT DRIVE, SUITE 200 PLEASANTON, CA 94588 PHONE: (925) 227-9100 FAX: (925) 227-9300 DATE: MARCH 22, 2017 JOB NO. 081076BR1B SHEET 1 OF 1 01 PM CHRISTOPHER SY WALL AMEND -111 a l l=I I I -P rn CAL TRANS FACING CLASS 2' MIN THICK ROCK R/PRAP. ROCK RIPRAP SHALL BE BURIED WITH A 1 ' VEGETA TI VE LAYER OF 100 S()// AROVF R/FIRAP 350 SD OUTFALL TO CULVERT 26+00 _I EX GAS I- I- -<EX 27"SS EX 16 'W FUTURE CENTRAL PARKWAY / =III=11 Aft WI) \r-- ►4 ►4 --t— --fie 00 W CENT RA I PARKWAY 154' z SD OUTFALL TO CULVERT 27+00 PROPOSED PA VEMEN T GRADE PROPOSED 345 HEADWALL Si 1 HEADWAL CAL TRANS FACING CLASS z UPSTREAM END 2' M/N1TCK ROCK RIPRA '. ROcHAL - : - - , (I)' GETA TI VE , i ' A P I ler.siimmIllill SOIL ABOVE RIPRAP 0 EX OH UTFALL TO CULVERT <EX 15"SS -- 1 ARNOLD ROADT 350 PROPOSED HEADWALL 345 100YR. WSEL. a GROUND 4 T C/L OF CULVERT 340 FL 328.5± M, 4j 1' IECETAT1VE LAYER OF SOIL ABOVE R/PRAP , 72.4' 42.8' III —III —III 11—I1I-1 I I I —111=1 I 1-1 1 1 1—III—n I— III —III III III III III I I 1=III, ; ,_ ; 111III=III= 1E1- -111=� II I I11 - n 335 n -iO6OsO�30;-)T-)T 4. 4 FL 341.41 EX CROUND AT C/L OF CJLVERT - CAL T , NS FACING CLASS 2' Ail/N THICK ROCK RIPRAP. ROCK RIPRAP SHALL BE BURIED WITH A 1' VEGETATIVE LAYER OF SOIL ABOVE RIPRAP 340 335 A OF FOOTING 330 `O w tO f NrZ 4 4. 325 SCALE: co 141•41- rn hZ N 330 K =20' HORIZONTAL =4' VERTICAL 25+00 26+00 325 27+00 28+00 EX 16AW CULVERT DETAILS TRACT 8309 - BOULEVARD 0 20 40 1 inch = 20 ft. LEGEND C/L EX FL G INV SD SS W WSEL 60 CENTER LINE EXISTING FLOW LINE GAS INVERT STORM DRAIN SANITARY SEWER WATER WATER SURFACE ELEVATION PROPOSED PROPOSED HEADWALL PROPOSED WINGWALL WINGWALL EX ARNOLD ROAD SURFACE 350 •• 4 A ._� �/ 100YR. WSEL. = 343.12 EX 18" SD OUTFALL ° 1THICK VESL TATIVL LAYER OF 340 dGisbibrarIblrMMMMMM1 CAL TRANS FACINb 2' MIN THICK CLASS ROCK • RIPRAP 17, FL 339.36 330 UPSTREAM SECTION SCALE 1 "=10' HORIZONTAL & VERTICAL PROPOSED PROPOSED HEADWALL PROPOSED WINGWALL WINGWALL C - L PARKWAY EX ARNOLD ROAD SURFACE 350 FX GRnuNn °• • - a 4 • 100YR. WSEL. = 343.06 FL �_a 338.60 18" SD OUTFACE •\ —1' THICK I,EGETA TI VE LAYER ROCK RIPRAP ^,K r 4I IR 4NS FACMG OF 340 SOIL ABOVE 1 1 1-1 1 1=1 1 1_ MATCH EX FL AT CANAL � --) , 2' iiit E l a 1 T CLASS ROCK RIPRAP 330 DOWNSTREAM SECTION SCALE 1 "=10' HORIZONTAL & VERTICAL 1 RUGGERI-JENSEN-AZAR ENGINEERS • PLANNERS • SURVEYORS 4690 CHABOT DRIVE, SUITE 200 PLEASANTON, CA 94588 PHONE: (925) 227-9100 FAX: (925) 227-9300 c5 CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA DATE: MARCH 22, 2017 JOB N0. 081076BR1B SHEET 1 OF 1 ATTACHMENT B Water Quality Certification for the Dublin Crossing Development Project in the City of Dublin Alameda County Excerpts from the Storm Water Management Plan, Dublin Crossing, City of Dublin, Alameda County California (SWMP) (Ruggeri -Jensen -Azar, April 14, 2017). Appendix B Preliminary Site Plan vraL TM int rRIVIRI,Ilflr:EGllMI rllt: Sit Mg it. Zvi Nu' �mmr4 1� dirik wu�� i!Mli Ir NM Efil,M, _ �ARItrj r S. cfii .M's/1 ii WI 1711VIRTM-vi Li I r �¢ICi!� j \ i�r�rWI !II511iMirtgam 1 ILO PRELIMINARY SITE PLAN NOT TO SCALE I10r #`10gI• rfkki" i1.PAIIP!NTIMM0J/ T11 RUGGERI-JENSEN-AZAR ENGINEERS • PLANNERS • SURVEYORS 4690 CHABOT DRIVE, SUITE 200 PLEASANTON, CA 94566 PHONE: (925) 227-9100 FAX: (925) 227-9300 APRIL 17, 2017 Appendix C Bio-Retention Details 4" CONC 4" AB OVERFLOW INLET VAR/ES LANDSCAPE." IJ�J \ i, t l I !II, BEND -A -BOARD wAAh PLAS77C HEADER BOARD OR APPROVED EQUAL STEGO WRAP 30 MIL OR APPROVED EQUAL CLASS 11 PERMEABLE MATERIAL r 4" SIDEWALK ; mMu.+MLw 0- -B/O-TREATMENT SOIL (BSM) MIX PER ATTACHMENT "L , MUNICIPAL REGIONAL STORMWATER PERMIT (MRP) PROVISION C.3.c.i.(1)(b)(vi) 4" PERFORATED DRAIN PIPE 8" COLLECTOR PIPE BIORETENTION AREA NEXT TO SIDEWALK NOT TO SCALE OVERFLOW INLET BEND -A -BOARD PLAS77C HEADER BOARD OR APPROVED EQUAL S7FG0 WRAP 30 MIL OR APPROVED EQUAL CLASS 11 PERMEABLE MATERIAL i LANDSCAPE Bl0- TREA ]RENT SOIL (BSM) MIX PER ATTACHMENT "L", MUNICIPAL REGIONAL STORMWATER PERMIT (MRP) PROVISION C.3.c.i.(1)(b)(v0 4" PERFORA7ED DRAIN PIPE 8" COLLECTOR PIPE BIORETENTION AREA AT LANDSCAPE AREA NOT TO SCALE LANDSCAPING WITHIN Bl0-RETEN170N AREA 2% IMPERMEABLE ROOT BARRIER - CLASS 2 PERMEABLE MATERIAL PER CALTRANS SPECIFICA 11ONS, SEC770N 68. FC -12" CURB OPENING DRAIN ® 20' 0.C. - BOTTOM OF CURB OPENING SHALL BE FLUSH WITH GUTTER FLOW LINE CURB AND GUTTER ADJACENT TO Bl0-RETEN7ION AREA 12"x12"x4" THICK 2"0 COBBLE STONE SANDY LOAM W/ /NFIL /RATION RA1F OF 5 /N/HR MIN. CONTRACTOR SHALL SUBMIT A LETTER STA77NG THE MIX OF SOIL WITH A CER7IF/CATION THE SANDY LOAM MATERIAL MEETS THE 5 /NCH/HOUR (MIN) /NFILTRA770N RATE PRIOR TO DELIVERING THE MATERIAL TO THE PROJECT SITE. 4" PVC PERFORATED SUBDRAIN CONNECT TO OVERFLOW INLET BIORETENTION AREA NEXT TO STREET NOT TO SCALE Appendix D Silva Cells Details KEY PLAN Q° 1 4 1 I I O 0 O O 2X SILVA CELL SYSTEM BY DEEP ROOT (DECK, BASE, AND POSTS) w 4 a 4 - - ' /,,,,,,,,,,, 3X SILVA CELL SYSTEM BY DEEP ROOT (DECK, BASE, AND POSTS) , - �.. ° d. �. d .- .: .: /////////// I I ��.. .wwaw...w wivrivow•w•sw•i U ° s��"�o��„ �.:� " :"-%� �•-•-•-•-•-•-•-•-•-•-•-•-•- Air_; / / / / / / / / / / / © 4" CONCRETE SIDEWALK. /////////// I I I I 0 _ 0 ,////,,,,, -_ -� 1ate:I_7.'rt_.,�_7� -r i �� .1111 ////////// „ I I I I ` ////////// ////////// 4 CLASS 2 AGGREGATE BASE. I EXTENT OF TREE CANOPY ROOT ZONE OF PLANTS - ////////// �� I4 /////////// I I \ -SILVA CELL T TREE (ULMUS PARVIFOLIA CHINESE ELM) IN © ////////// ( SEEDETAIL ON OQ Is,:;; ,�© "\ E 1/2 DRAIN ROCK � _ ° //////// ��������� O 4" MIN CLASS 2 AGGREGATE BASE B-B //////// // // / / /•••••••••••• / 0 / / • •.-�-....� ^ ;a; I G G / ///// BIO-RETENTION TREATMENT SOILS PER TREATMENT SOILS NOTE ON SHEET 3. / / 0 /' CLASS 2 PERMEABLE MATERIAL PER CALTRANS SPECIFICATIONS, O SECTION 68. C-2 4" PERFORATED COLLECTOR PIPE (PERFORATION DOWN) (ITEM N) INV 333.90 4 36.67 -4" ERFORATED DISTRIBUTION PIPE (PERFORATION DOWN) (ITEM M) I I I I /N / 331.73 - - - - /� - _ - - INV 332.54 - _ // // �. ..... O O O �00 OpO o. > c 0000000 . rn �p� 0 0 O O O 0 < >. o . 0 0 o 0 / / / 1���-�� �� _�.� _ - - _ SEE DETAIL 1 ON SHEET C-3 �D I - • � // / / / », �'6 o �° °o` p >p� >pC opo °oH °O Oo o° >pc >pC �p0 'o° H�°< �O°O O( O >. >p� O i� `O .pp,� PO; •-p p0, I / / / / / / / / / / „ » LOW FLOW INLET INTO SILVA CELLS - 12"x12" OLD CASTLE _ -- - - - - - - _ ° , Q /// �°O O°O O O O �p� • O° O O• )pC O°( O O O )O' •O.O�O°� / / / / / _-- MaiN - - C_c4 ° ,,, OO°O°O _o_o_. o�•o°oo, p o opo p o opo O O 0000 o © ._oo .. • /ii I PRECAST DROP INLET MODEL CP1212 (EK) WITH GALVANIZED STEEL r� �L V VV v ° b._ D J=00000 FRAME & GRATE WITH 3" X 12" SIDE OPENING. V - �, �=� �: �•a ' •o : �: '. ■���� I f 4 �:' co N. Q a II I C NOUT ' �/\` / © i" O �i ✓ i/ \ • r, , � % % O MIRAFI 180N - GEOTEXTILE FABRIC 18" MIN OVERLAP. �%. ©- FABRIC, PLACED BELOW AGGREGATE � O , ° Q „„ I A 1II INV 33 INV .22 ;J.94 I -I, T ` I• 1/ N J,S4.,5 PETAL 1 •�-�.� • --� k •� e / ' C-C SUB BASE.180NGEOTEXTILE MI i - EKA a N►_'��� _ 4" SOLID PVC COLLECTOR PIPE BETWEEN SILVA CB 36 - 1 LOW FLOW INTO SILVA TC 335.52 INLET CELL »SOLID PIPE (ITEM LOW FLOW PV 0) INLET LOW FLOW /NL:. INTO SILVA CET. TC 335.96 ��%- `') C6.2 SECTION A -A MIRAGRID 2XT - GEOGRID TO LINE PERIMETER OF SYSTEM WITH 6" © TOE (OUTWARD FROM BASE) AND 12" EXCESS (OVER TOP OF DECK). CELL & CB I I .-1 LL TC 335.44 INV 331.00 (4"/N) INV 328.00 (18"OUT) STORM WATER INLET OVERFLOW TO UNDERGROUND STORM DRAIN SYSTEM ,INV i TG 335.52 334.02 1111 STERLING INTO TC TG INV 335.80 335.80 SILVA 334.30 CELL TG 335.96 /NV 334.46 STREET LIP OF GUTTER FACE OF CURB GUTTER FLOW LINE 4, OM 4" SDR-35 PVC PERFORATED DISTRIBUTION PIPE IN 1/2" DRAIN ROCK. 5' PARKWAY STRIP - O 4" SDR-35 PVC PERFORATED COLLECTOR PIPE. e O 4" SDR-35 SOLID PVC PIPE INTO SILVA CELL SYSTEM. © SILVA CELL BASE //////////// //////////// C - p=��� ,,,,,,,,,,, ® CABLE TIE, ATTACHING GEOGRID TO SILVA CELL AT BASE OF Air---lie�1-•-///////////UPPER LEG FLARE. witdpe a1471.241:® /////////// PIN, PER SILVA CELL SPECIFICATIONS. 1 ////////// iva,0")....631O"' 4 - ////////// NATIVE BACKFILL, COMPACTED TO 95% ///////// � 6 CURB AND GUTTER ,alle 0■a� 1 0 3" X 12" OPENING. SEE CURB OPENING DETAIL 3 ON SHEET C6.1 �� Himii. miftimmap iil /v� L1 © ��� �r �•. OV Y4 THICK STAINLESS STEEL PANEL, 8 HIGH, WITH Y4 x4 SLOT AT aaaJmQ��I •• IA �� o■ram,■■ ��`►_� / 1 „ OC. L1 EXTENT OF TREE CANOPY/ROOT TREE (ULMUS PARVIFOLIA-CHINESE ZONE OF PLANTED ELM) IN . _ _as ,000pop o: - - - 000.'� �I ©o • °o_ o; ////// „ -6„ �;o�°o' �o� °°oH o0• ` Q 01� :ol � } O 3 ����� W /s X 1Y2 X 1Y2 X 6 HIGH STAINLESS STEEL L BRACKET WITH Y2 STAINLESS STEEL BOLT. CONSUL TA TION WITH THE LANDSCAPE ARCHI TEC SEE NOTE 2 BELOW T 1 °°°°°° °_-°O°p°'_ - © `4O�•" //// L� U J • LINJ Mt . J L�-MM �AL�I X 6" WIDE CONCRETE CURB. EXTEND 5' BEYOND CENTER OF TREE) / O ( OVERFLOW TO UNDERGROUND STORM DRAIN SYSTEM CB , 35 LOW FLOW INTO SILVA TC 335.52 INLET CELL -LOW FLOW INLET INTO SILVA CELL TC 335.80 TG 335.80 LIP OF GUTTER FACE OF CURB LOW FLOW INLET GUTTER FLOW >�i ,-b� �c 4 / . �;�i/ © \ \ \ � iAi />.li� AY/k/k/1�1i�1i 1A1i, / / /X74 ,ffAWAi' WAY/ © OY PLANTING SOIL PER LANDSCAPE ARCHITECT © Z DEEPR00T UB18-2 ROOT BARRIER O SECTION B-B ® 1 "-2" MULCH ABOVE TREE PIT TC 335.44 INV 331.00 (4»IN) INV 327.92 (18"OUT) TG 335.52 •. IN 334.02 11 INV 334.30 INTO SILVA CELL LINE >- TC 335.96 -, a TG 335.96 N 0 CLEAN OUT STORM WATER I Mk r INV 334.46 INLET N . ® M � '.j11!L 4" SOLID PVC !�"-� __ r�_ COLLECTOR PIPE I 111111111 �I II 4 " \ SOLID PV40.1,11% BETWEEN SILVA I INV 334.22 (ITEM 0 . .. CELL & CB l N V 333.94 i =_' v p Q ` a �; �: '"� �I� I I I I 4 • CLF 4 ° ''V; ■ �I�� �1 I p Q * I - ��l34. u ° , ■ItmmAmmia 1'-fi 1t--I ,- ---A - SE.. DETAIL 1 ON SHEET C-3 _ / I d MT I i 1 y ��► PAL.421RE€{T r - ,,,,,,,,,, •�_o IV • � • • �l • I. • ► a �iW- •_i a-r�����.r�..4, /,,, _ - _ ////////// -r • �0�-� wmt ��.� 1-� i � w w •O�r r �.� / / / / / / CLEANOUT-------- ������������ i� i �� lA ^r��-� r: 1 �� M- 1 • INV ;31.79 - - t - - ------------------- ///// ��� - SILVA CF SEE DETAIL 1 ON SHEET C-3 """"" ��-�. / ; ; ; / ; ; ; © Ji ; ���' I I INV 333.90 I - .Stt DETAIL ON THIS SHEET 6 _ __ 4 PERFORATED COLLECTOR PIPE (PERFORATION DOWN) (ITEM N) //////// / / / O / /„, ///.// I r . • ••••••••• . GQ. G • • .. ° •••• ••• ... .. . .. . .. . .. . .. . .. . .. .... .,' // „-----/, / , /0::..... - / / , , , / /// / I ��1 4 PERFORATED TED DISTRIBU RON PIPE (PERFORATION DOWN) (I TEM M) it I 1 1 - LEGEND //////1 / p o ° ° 0-O O O ° ° ° O O O O O ° o c O �,-,O c O, o O„O„O„O„O„ 0 0 0 0 0 0 20 „O„O„O„O„ • TREATMENT SOILS NOTE ///// ///// I o ON Lo N } / 1. THE SOIL MIX USED IN ALL OF THE BIORETENTION AREAS SHALL BE COMPLIANT WITH I I CB CATCH BASIN I I I ///// ) °o o-°- , -0 0 0 o c >"o_ 'o o"o"o .8 o" \- o" o"o c _ / / / // ATTACHMENT L SOIL SPECIFICATIONS OF THE C/TYS MUNICIPAL NPDES STORM WATER INV INVERT / / / / / H 000 �o o 00 H o00 o 0 0 0 0 0< < >oo > o ,o°o' o : •� • o` o H o° I / // / / / / / PERMIT (SHOWN ON THIS SHEET). THE FOLLOWING VENDORS ARE LISTED BY THE ' I I I I I PVC POLYVINYL CHLORIDE PIPE � • 4 ITC °. ° 4 NOTE: SD STORM DRAIN TOP OF CURB TG TOP OF GRATE LOW FLOW INLET (SEE DETAIL 2 ON C6.1) - , -, -, REGIONAL CLEAN WATER PROGRAM AS OFFERING B/0TREATMENT SOIL MIXES / COMPLIANT WITH THE REQU/RED ATTACHMENT L SPECIFICATIONS: ©" / i� O,>W/>> yy� y�y 1/>, 1" WAyi A>: © �i A. AMERICAN SOIL PRODUCTS, WWW.AMERICANSOIL.COM, 510-292-3000 B. L.H. VOSS, WWW.LHVOSS.COM, 510-292-3000 ~' SECTION C. L YNGSO GARDEN MATRIAL, WWW. L YNGSOGARDEN. COM, 650-333-1044 D. PLEASANTON TRUCKING, WWW.PLEASANTONTRUCKING.COM, 925-449-5400 E. REDI - GRO, WWW. REDI - GRO. COM, 800- 6564- 4358 F. TMT ENTERPRISES, WWW. TM TENTERPRISES.NET, 408-432-9040 CONTRACTOR SHALL OBTAIN VERIFICATION DOCUMENTATION FROM THE SUPPLIER OF C-C 1. SIDEWALK AND 2. IRRIGATION TREESEES MONTHS. SCALE: 1 "=10' ABOVE SILVA CELLS SHALL BE DOWELED EXPDX/ED INTO THE ADJACENT SIDEWALK. WILL BE PROVIDED THE PROPOSED TO ENSURE SURVIVE DURING SUMMER ALL LOADS OF THE BIOTREATMENT SOIL MIX, INDICATING THAT THE SOIL MIX IS COMPLIANT WITH THE ATTACHMENT L SPECIFICATIONS, FOR REVIEW BY THE DESIGN ENGINEER AND INCLUSION WITH THE POST-CONSTRUC110N CERTIFICATION REPORT TO BE SUBMITTED TO THE CITY PUBLIC WORKS DEPARTMENT 1 BIO-RETENTION AREA WITH SILVA CELL AT STERLING STREET 2 SILVA CELL CONSTRUCTION RECORD REFERENCE BY NO. REVISIONS DATE APP'D DESIGNED BY DRAWN BY CHECKED BY SCALE PUBLIC CITY WORKS OF DUBLIN DEPARTMENT JOB NO.: 081076PH1 o°E KSS"q�� AA AA RF _ HORIZONTAL NONE 1 VERTICAL NONE CONTRACTOR _ _ _ _ _ DATE; 7-08-2016 `�° FG No. 44189 � PLANS PREPARED UNDER SUPERVISION OF - T1 JA I® RUGGERI-JENSEN-AZAR ENGINEERS • PLANNERS • SURVEYORS 4690 CHABOT DRIVE, SUITE 200 PLEASANTON, CA 94588 PHONE: (925) 227-9100 FAX: (925) 227-9300 PHASE SILVA CITY OF DUBLIN BOULEVARD 'IA BACKBONE CELL ALAMEDA IMPROVEMENTS COUNTY DETAILS CALIFORNIA INSPECTOR _ - DRAWING NO. DATE COMPLETED - - _ _ _ _ C _ 2 �, �, EDDIE K. SIEU, R.C.E. 44189 9TF O \F� F CAL - _ - - - - 1 Sheet 2 OF 3 DATE CHRISTY FBBOX WITH REINFORCED CONCRETE LID. INSTALL LID FLUSH WITH THE CONCRETE PAVEMENT ELEVATION SCREW CAP SOLID WALL LONG' SWEEP, DIAMETER TO MATCH STORM DRAIN LINE 4 "PERFORATED COLLECTOR OR DISTRIBUTION PIPE SILVA CELL NOT TO SCALE FLUSH WITH FINISH SURFACE NOT TO SCALE 3/6" X 1Y2" X 1Y2" X 6" HIGH STAINLESS STEEL "L" BRACKET WITH Y2" STAINLESS STEEL BOLT. Y4" THICK STAINLESS STEEL PANEL, 8" HIGH, WITH Y4"x4" SLOT AT 1" OC. (SEE DETAIL ON RIGHT. 4" PVC A (SEE RIGHT) 3/6" X 1Y2" X 1 Y2" X 6" HIGH STAINLESS STEEL "L" BRACKET WITH Y2" STAINLESS STEEL BOLT. LOW FLOW INLET PLAN VIEW 3/16" X 1Y2" X 13/2" X 6" HIGH STAINLESS STEEL "L" BRACKET. 1/2" 7 1 /2" STAINLESS STEEL / / / 0 -Y4" THICK STAINLESS STEEL PANEL, 8" HIGH, WITH Y4"x4" SLOT AT 1" OC. SEE DETAIL RIGHT. SECTION A -A 00 Y4 THICK STAINLESS STEEL PANEL, 8" HIGH, WITH Y4"x4" SLOT AT 1" OC. STAINLESS STEEL PANEL DETAIL 1 CLEANOUT NEXT TO SILVA CELL 2 LOW FLOW INLET DETAIL CONSTRUCTION RECORD REFERENCE BY N0. REVISIONS DATE APP'D CONTRACTOR INSPECTOR DATE COMPLETED DESIGNED BY DRAWN BY CHECKED BY SCALE AA AA RF HORIZONTAL NONE VERTICAL NONE PLANS PREPARED UNDER SUPERVISION OF EDDIE K. SIEU, R.C.E. 44189 iTi RUGGERI-JENSEN-AZAR ENGINEERS • PLANNERS • SURVEYORS 4690 CHABOT DRIVE, SUITE 200 PLEASANTON, CA 94588 PHONE: (925) 227-9100 FAX: (925) 227-9300 CITY OF DUBLIN PUBLIC WORKS DEPARTMENT JOB NO.: 081076PH1 BOULEVARD PHASE 1A BACKBONE IMPROVEMENTS SILVA CELL DETAILS DATE: 7-08-2016 DRAWING NO. C-3 DATE CITY OF DUBLIN ALAMEDA COUNTY CALIFORNIA Sheet 3 OF 3 Copyright @ 2012 DeepRoot Green Infrastructure, LLC SILVA CELLS FOR STREETSCAPE APPLICATIONS Basic Silva Cell details are available in one, two, and three -layers of Cell frames. These are a generic representation of a plaza and should be modified to depict actual project conditions. SILVA CELL SYSTEM COMPONENTS ❑ Concrete 1.1 ❑ Pavers, Asphalt & Porous Pavements 1.1 ❑ Concrete 1.2 ❑ Pavers, Asphalt & Porous Pavements 1.2 ❑ Concrete 1.3 ❑ Pavers, Asphalt & Porous Pavements 1.3 ❑ Concrete 2.1 ❑ Pavers, Asphalt & Porous Pavements 2.1 ❑ Concrete 2.2 ❑ Pavers, Asphalt & Porous Pavements 2.2 ❑ Concrete 2.3 ❑ Pavers, Asphalt & Porous Pavements 2.3 ❑ Concrete 3.1 0 Pavers, Asphalt & Porous Pavements 3.1 ❑ Concrete 3.2 ❑ Pavers, Asphalt & Porous Pavements 3.2 ❑ Concrete 3.3 ❑ Pavers, Asphalt & Porous Pavements 3.3 Inspection riser Access point for monitoring of soil moisture. Root barrier: Directs roots down into the Silva Cell system. Prevents roots from accessing the pavement section Concrete curb: Provides a stabilized edge around the tree opening. Keeps aggregate base course from migrating into the tree opening and potentially undermining the pavement. r Aggregate base course: Typical of pavement sections, but with specific aggregate gradation to work well with the Silva Cell deck. r Air space: Beneficial to plant material, this small air space allows oxygen flow below the pavement surfaces. c �.•�v w.e.ay.�. Axe.r4 x.o- ditlARAIMI m7•i feLKW!siisviii N///l V NOTES: 1 Installation to be completed in accordance with manufacturer's specifications. 2. Do not scale drawings Disclaimer: Conditions that vary from drawings must be evaluated by a qualified Engineer and appropriate adjustments made. > . Geotextile: Keeps aggregate from migrating down through Cell deck. Provides stronger interface between Silva Cell system and adjacent materials. Geogrid: Provides vertical separation between planting soil and backfill while allowing for root penetration into adjacent soils. Spike: Keeps Cells in place during construction and maintains typical spacing. Aggregate sub base: Specific aggregate gradation to provide a stable base for the Silva Cell system. Geotextile: Provides separation between existing material and aggregate sub base. Deep1 oot DcepRout Green Infrastructure, LLC 530 Washington Sheet San Francisco California 94111 Ph 415781-9700 resew deeprooLcum Urban Trees and Soils 915 Creek Dris Annapolis Maryland 21403 Ph 4102634183E She Kestrel Design Group 7109 Ohms Lane Minneapolis 9IN 55439 952-928-9400 952-224-9360 resew kestreldesig,group tom Project Na : 07137 Dawn hy: 9IDD Checked bv: DR Date: 9/1/2012 Revisions. Silva Cells for STREETSCAPE APPLICATIONS INDEX Copyright 02012 DeepRoot Green Infrastructure, LLC Tree trunk, size varies 1 "-2"(25mm-50mm) mulch above tree pit Curb and street per project specifications DeepRoot UB12-2 Root bamer Tree root package, size varies Angle of repose, varies per project specifications Varies —� a.aar vc.. 4"(100mm) concrete, tum down to deck around tree opening. Position curb over Cell posts. 4"(100mm) aggregate base course Geotextile, 18"(450mm) minimum overlap past excavation 1"(25mm) air space between Silva Cell deck and planting soil Inspection riser i,lwn�srt^.�.��±� 4,07 • 28_5" (719.7mm) 4k�11 „� iJ:::mt_. V"-. _ _ I — y� .��.�_ ij tea'"ri" �' 4?"� �f Y ti/ 6"(150mm) Inspection riser Curb I __ _ _=.IL-_�JI i 11 I I I I II I II __JL__�J 1I It 11 1; II 1• II 1l II I ! JL_ T' 1! 1 1 i O T i J. I i J. J 11 KEY PLAN (for reference only) NOTES: 1. Installation to be completed in accordance with manufacturer's specifications 2. Do not scale drawings. Disclaimer, Conditions that vary from drawings must be evaluated by a qualified Engineer and appropriate adjustments made. Silva Cell base slope to max. 5% Geotextile on compacted subgrade 18"(450mm) Paving base course per project specifications Screw Cell decks to frames after snapping in place (typ.) Geogrid. 'J' 6"(150mm) minimum below backfill at base. Overlap 12"(300mm) minimum at top of Cells. 3/16" x14"(5mm x 350mm) zip ties, attaching Geogrid to Silva Cells at each level and at Cell deck Backfill, installed in 8"(200mm) lifts, within 4"-6"(100-150mm) from top of decks, compacted to 95% Anchor each Silva Cell to ground with (4) 10" (250mm) spike,<10mm dia., see Cell base for spike hole Planting soil per Silva Cell specifications, installed in 8"(200mm) lifts (2 lifts per cell) 4"(100mm) aggregate sub base, compacted to 95% Subgrade below geotextile and aggregate base course, compacted to 95% i(?ack To miff MM'ww ���'oof DeepRoul Green Infrastructure, LLC 530 Washington Street San Francisco Gil dome 94111 Ph 415781-9700 www deeprooccom Urban Trees and Sods 915 Creek Drive Annapolis, Maryland 21403 Ph 410 263-6838 The 16n3I Design Group 7109 Ohms Lane Minneapolis MN 55439 952-923-9600 r c 952-224-9860 www kcsveldesigsgraup tom Project No: 07337 Drawn by: A1DB Checked by: DR Date: e/1/2012 Revisions. Silva Cells for STREETSCAPE APPLICATIONS Concrete 1.1 Copyright ID 2012 DeepRoot Green Infrastructure, LLC "Depending on project specifics such as curb dimensions and sequencing of curb installation, additional space or alternate compaction methods may be required. Contact a DeepRoot representative to determine the best option for your project. 18" (450mm) minimum Setback from face of curb Curb and street per project specifications ++II jq285 " (719.7mm) j 4"(100mm) concrete paving 4"(10omm) aggregate base course Geotextile, 18"(450mm) minimum overlap past excavation 1"(25mm) air space between Silva Cell deck and planting soil 6"(150mm) U 11 II It It KEY PLAN (for reference only) NOTES: 1. Installation to be completed in accordance with manufacturer's specifications. 2 Do not scale drawings. Disclaimer. Conditions that vary from drawings must be evaluated by a qualified Engineer and appropriate adjustments made Silva Cell base slope to max. 5% Geotextile on compacted subgrade 18"(450mmi) Paving base course per project specifications Screw Cell decks to frames after snapping in place (typ.) Geogrid. 'J' 6"(150mm) minimum below backfill at base. Overlap 12"(300mm) minimum at top of Cells. 3/16" x14"(5mm x 350mm) zip ties, attaching Geogrid to Silva Cells at each level and at Cell deck L Backfill, installed in 8"(200mm) lifts, within 4"-6"(100-15omm) from top of decks, compacted to 95% Anchor each Silva Cell to ground with (4) 10" (250mm) spike,<10mm dia., see Cell base for spike hole Planting soil per Silva Cell specifications, installed in 8"(200mm) lifts (2 lifts per cell) 4"(100mm) aggregate sub base, compacted to 95% Subgrade below geotextile and aggregate base course, compacted to 95% 84,Ck to MOW D-~ t DeepRoot Green Infranumture, LLC 530 Washmglon Street Sun Francuco. California 94111 Ph 415 711-9700 www deeproot cum Urban Trees and Sods 915 Creek Chive Annapolis Maryland 21403 Pk 410 2034831 Thc Keno' Design Group 7109 Ohms Lane Miweapoks MN 55439 952-922-9600 fan9952-224-8300 kcslreldcsigngroup com Project No : 07337 Drawn by MOB Checked by DR Dam: 2/1/2012 Remsiom, man or.aw.cvo..r«,e.r4 Silva Cells for STREETSCAPE APPLICATIONS Concrete 1.2 Copyright 9 2012 DeepRoot Green Infrastructure. LLC Tree trunk, size varies 1"-2"(25mm-50mm) mulch above tree pit DeepRoot UB12-2 Root barrier Inspection riser Varies 1 T • �'• a•, e rr r x 1 w 4"(100mm) concrete, tum down to deck around tree opening. Position curb over Cell posts. 4"(100mm) aggregate base course Geotextile, 18"(450mm) minimum overlap past excavation 1"(25mm) air space between Silva Cell deck and planting soil I 18"(450mm) ■ \Yv9(SSOrt1m) r\' vtijry iC .. 4. 'y r• Curb ,L Nr p �� _ _JL___IL-_JL__J -- 1f-1i---11_—1 u 11 _ _.![ JL_ul __—_-J Tram o i I 1 --'L--'L —44 h~' K II I ---,! �r----. II Ir -Or. u 11 II KEY PLAN (for reference only) NOTES: 1. Installation to be completed in accordance with manufacturer's specifications 2. Do not scale drawings. Disclaimer. Conditions that vary from drawings must be evaluated by a qualified Engineer and appropriate adjustments made. Tree root package, size varies Silva Cell base slope to max. 5% Geotextile on compacted subgrade Planting soil per Silva Cell specifications, installed in 8"(200mm) lifts (2 lifts per cell) 4"(100mm) aggregate sub base, compacted to 95% Subgrade below geotextile and aggregate base course, compacted to 95% • • Screw Cell decks to frames after snapping in place (typ.) Geogrid. 'J' 6"(150mm) minimum below backfill at base. Overlap 12"(300mm) minimum at top of Cells. 3/16" x14"(5mm x 350mm) zip ties, attaching Geogrid to Silva Cells at each level and at Cell deck Backfill, installed in 8"(200mm) lifts, within 4"-6"(100-150mm) from top of decks, compacted to 95% Anchor each Silva Cell to ground with (4) 10" (250mm) spike,<10mm dia., see Cell base for spike hole Concrete base course per project specifications Back Ed inc aT DeepRoot Greenly enure, LLC 530 W ahinglon Street San Francisco Celir"m,a 94111 Ph 415781-9700 www deeprooacom Urban Trees and Soils 915 Creek Drive Annapolis Maryland 21403 Ph 410203-4838 The ReOH Design Goup 7109 Ohms lane Minneapolis. An." 55439 952-928-9500 fax 952-224-9860 www kestreldeagngroup coin Project No: 07337 Drawn by: MDR Checked by: DR Dale 8/I/2012 Resv,00s, }.,..age«, Silva Cells for STREETSCAPE APPLICATIONS Concrete 1.3 Copyright C 2012 DeepRoot Green Infrastructure, LLC Tree trunk, size varies 1 "-2"(25mm-50mm) mulch above tree pit Curb and street per project specifications DeepRoot UB18-2 Root barrier Tree root package, size varies Angle of repose, varies per project specifications Planting soil, tamped to max. 85% compaction below root package Varies ! , Ayr/1 1"-3" 25-75m:1..11 "'"Now/ AAin, _ Inspection riser �r '1r —'l —r `—fir-1= 11 i1 nn II 4 4 1 it 1 el I. i1 u 1 I 1: _JL__Jk __JLJ: o --rr— 'r----1l 1 4 II r 1 I; ..21 (7, Tree j 1 I: 1 I: JL 4 I 11 IdT 11 r _ i 6 II II de `l l KEY PLAN (for reference only) NOTES 1, Installation to be completed in accordance with manufacturer's specifications 2. Do not scale drawings. Disclaimer. Conditions that vary from drawings must be evaluated by a qualified Engineer and appropriate adjustments made. 6' 150mm) 4"(100mm) concrete, tum down to deck around tree opening. Position curb over Cell posts. 4"(100mm) aggregate base course Geotextile, 18"(450mm) minimum overlap past excavation 1"(25mm) air space between Silva Cell deck and planting soil 1111111 JUNAMINICEMIHINIENEMEEMISINISIOW ti Silva Cell base slope to max. 5 % Geotextile on compacted subgrade Planting soil per Silva Cell specifications, installed in 8"(200mm) His (2 lifts per cell) 4"(100mm) aggregate sub base, compacted to 95% Subgrade below geotextile and aggregate base course, compacted to 95% 18"(450mm) Paving base course per project specifications Screw Cell decks to frames after snapping in place (typ.) Geogrid.'J' 6"(150mm) minimum below backfill at base. Overlap 12"(300mm) minimum at top of Cells. 3/16" x14"(5mm x 350mm) zip ties, attaching Geogrid to Silva Cells at each level and at Cell deck Backfill, installed in 8"(200mm) lifts, within 4"-6"(100-150mm) from top of decks, compacted to 95% Anchor each Silva Cell to ground with (4) 10" (250mm) spike,<10mm dia., see Cell base for spike hole Baas rain DeepRout Grern hsfrastruMare, LLC 530 Washington Street Sen Frencuco. Celifom,a 94111 Ph 415 781-9700 www deeproacom Urban Trees end Soils 915 Creek D,is a Annapolis Maryland 21403 Ph 41026301538 The Kate] Design Group 7109 Ohms Lana Minneapolis MN 55439 952-92S-9600 fax 952-224-9850 www kestreldesigngsoup coo ProjeclNo :07337 Dmam by: A1DB Checked bv: DR Detc: 8/1/2012 Remsions: 2012 Robyn arm o-.wwcwvvw,a�..e. Silva Cells for STREETSCAPE APPLICATIONS Concrete 2.1 Copyright®2012 DeepRoot Green Infrastructure, LLC "Depending on project specifics such as curb dimensions and sequencing of curb installation, additional space or alternate compaction methods may be required Contact a DeepRoot representative to determine the best option for your project. 18" (450mm) minimum Setback from face of curb* Curb and street per project specifications •2 f 11 n is 11 11 11 q II II i V KEY PLAN (for reference only) NOTES: 1. Installation to be completed in accordance with manufacturer's specifications. 2. Do not scale drawings Disclaimer: Conditions that vary from drawings must be evaluated by a qualified Engineer and appropriate adjustments made. 4"(100mm) concrete paving 4"(10omm) aggregate base course Geotextile, 18"(450mm) minimum overlap past excavation 1 "(25mm) air space between Silva Cell deck and planting soil 18"t450mm) Silva Cell base slope to max. 5% Geotextile on compacted subgrade Planting soil per Silva Cell specifications, installed in 8"(200mm) lifts (2 lifts per cell) 4"(100mm) aggregate sub base, compacted to 95% Subgrade below geotextile and aggregate base course, compacted to 95% Paving base course per project specifications Screw Cell decks to frames after snapping in place (typ.) Geogrid. 'J' 6"(150mm) minimum below backfill at base. Overlap 12"(300mm) minimum at top of Cells. 31i6" x14"(5mm x 350mm) zip ties, attaching Geogrid to Silva Cells at each level and at Cell deck Backfill, installed in 8"(200mm) lifts, within 4"-6"(100-150mm) from top of decks, compacted to 95% Anchor each Silva Cell to ground with (4) 10" (250mm) spike,<10mm dia., see Cell base for spike hole Back to lnder Deep-~ t. DoepRaal Cason lnf Nuchac, LLC 530 Washington Slrect AssoPosocair poi 11 Ph 4157314701.970 www decproat cam Urban Trccs end Soils 915 Crock Dri, e Annapolis Maryland 21403 Ph 410263-083S The Kugel Design Group 7109 Ohms Lane Minneapolis. aP' 55439 95,92&9600 fax 952-224-9860 www kesecIdesigngroup cam Proles No : 07337 Drawn by: MDB Checked bv. DR Date: 8/1/2012 2012 Seaman 015rrGwro•KAaoalrtrwir Silva Cells for STREETSCAPE APPLICATIONS Concrete 2.2 Copyright CO 2012 DeepRoot Green Infrastructure. LLC Tree trunk, size varies 1"-2"(25mm-50mm) mulch above tree pit DeepRoot UB18-2 Root barrier Inspection riser Ili Varies 4"(100mm) concrete, turn down to deck around tree opening. Position curb over Cell posts. 4"(10omm) aggregate base course Geotextile, 18"(450mm) minimum overlap past excavation 1"(25mm) air space between Silva Cell deck and planting soil • 18"(450mm) fi 1.1 44.1 III• .. � � .., Fw� �. � ..., LY 1ae��a ,„ w .. \,." �"' � ,. w, aFc � M pg 'V . V . , 'ems '' '.V..4 p` 6"(150mm) r—JL-- 1.. ry hI — Jr-—J1.»w i III1 1 II11 II 1 11 Id ILr_J —44_ —Jl�_J1 1 I I II I a .ram 1 1 1 1 0 KEY PLAN (for reference only) • NOTES: 1. Installation to be completed in accordance with manufacturer's specifications 2. Do not scale drawings Disclaimer: Conditions that vary from drawings must be evaluated by a qualified Engineer and appropriate adjustments made. Tree root package, size varies Planting soil, tamped to max. 85% compaction below root package Silva Cell base slope to max. 5% Geotextile on compacted subgrade Planting soil per Silva Cell specifications, installed in 8"(200mm) lifts (2 lifts per cell) 4"(100mm) aggregate sub base, compacted to 95% Subgrade below geotextile and aggregate base course, compacted to 95% IScrew Cell deck frames after snapping in place (typ.) Geogrid. 'J' 6"(150mm) minimum below backfill at base. Overlap 12"(300mm) minimum at top of Cells. 3/16" x14"(5mm x 350mm) zip ties, attaching Geogrid to Silva Cells at each level and at Cell deck Backfill, installed in 8"(200mm) lifts, within 4"-6"(100-150mm) from top of decks, compacted to 95% Anchor each Silva Cell to ground with (4) 10" (250mm) spike,<10mm dia., see Cell base for spike hole Concrete base course per project specifications e acit to INdex Deep-~ t. 'e.lpWweoex leuriegn, LLC flagaep,a sere I0+Ma Cralen a►sNl Ph 415781-9700 myna deeprout eom Urban Trees end Sods 915 Creek Drive Nwpol,s Maryland 21403 Ph 4/02634838 The Keeney Design Group 7109 Ohs, lane Minneapolis. MV 55439 952-928-9600 fan 952-224-9360 V kestreldesi®,eroup com Project No : 07337 Drawn by: MDR Checked bv: DR Date: 8/1/2012 Rewnouc. ntemm- Silva Cells for STREETSCAPE APPLICATIONS Concrete 2.3 Copyright G 2012 DeepRoot Green Infrastructure. LLC Tree trunk, size varies 1 "-2"(25mm-50mm) mulch above tree pit Curb and street per project specifications DeepRoot UB18-2 Root barrier Tree root package, size varies Angle of repose, varies per project specifications Planting soil, tamped to max. 85% compaction below root package U Varies 0 .v+.. n`bY.s'S)•. .a.c :tiC\'cRrt r. Inspection riser KEY PLAN (for ref,rence onry) NOTES: 1. Installation to be completed in accordance with manufacturer's specifications. 2 Do not scale drawings. Disclaimer. Conditions that vary from drawings must be evaluated by a qualified Engineer and appropriate adjustments made. 4"(100mm) concrete, tun down to deck around tree opening. Position curb over Cell posts. 4"(100mm) aggregate base course Geotextile, 18"(450mm) minimum overlap past excavation 1 "(25mm) air space between Silva Cell deck and planting soil Inspection riser 18"(450mm) Paving base course per project specifications Screw Cell decks to frames atter snapping in place (typ.) Geogrid. 'J' 6"(150mm) minimum below backfill at base. Overlap 12"(300mm) minimum at top of Cells. 3/16" x14"(5mm x 350mm) zip ties, attaching Geogrid to Silva Cells at each level and at Cell deck Backfill, installed in 8"(200mm) lifts, within 4"-6"(100-150mm) from top of decks, compacted to 95% Anchor each Silva Cell to ground with (4) 10" (250mm) spike,<10mm dia., see Cell base for spike hole Silva Cell base slope to max. 5% Geotextile on compacted subgrade Planting soil per Silva Cell specifications, installed in 8"(200mm) lifts (2 lifts per cell) 4"(100mm) aggregate sub base, compacted to 95% Subgrade below geotextile and aggregate base course, compacted to 95% Back to kicker _`i'1 ooL'. DeepRoot teen Infrastructure, LLC 530 Washington Strew San Francisco California 94111 Ph 415781-9700 www deep-eine m Urban Trees and Soils 915 Creek Drive Annapolis Maryland 21403 Ph 410263-9838 The Re0c1 Design Group 7109 Ohms Lane Minneapolis MN 55439 952.928-9600 fav 952-224-9860 www keao-ddcsigngronp corn Project No : 07337 Drawn by: MDB Checked bv: DR D. 9/1/2012 Revisions: 2012 RM Silva Cells for STREETSCAPE APPLICATIONS Concrete 3.1 Copyright © 2012 DeepRoot Green Infrastructure, LLC 'Depending on project specifics such as curb dimensions and sequencing of curb installation, additional space or alternate compaction methods may be required. Contact a DeepRoot representative to determine the best option for your project. 18" (450mm) minimum Setback from face of curb * Curb and street per project specifications 4"(100mm) concrete paving 4"(100mm) aggregate base course Geotextile, 18"(450mm) minimum overlap past excavation 1 "(25mm) air space between Silva Cell deck and planting soil 18"(450mm) IIREMERMSOIRMyr w � - � � �g� � T� 7 Wit,_--.47.,f Paving base course per 3 .r� Ln project specifications 1. __464, 0 , , ,„, ����� 1.1. t 1 �� Screw Cell decks to frames after snapping in place (typ.) i l it a y" Geogrid. 'J' 6"(150mm) minimum below backfill at base. ^• r "; . p► Overlap 12"(300mm) minimum at top of Cells. ' I. 3/16" x14"(5mm x 350mm) zip ties, attaching Geogrid . "f a i� Ir: 4 :'=` r 1. to Silva Cells at each level and at Cell deck inn 0 /11 6"(150mm) V;* 7 V . ' 1y� _ � 1\ � !6'(150mm) u tt If li ;—_ JL__11L__JL--Jj L r -- ir -- Ir--1r— 11 11 14 7,1 n II il 11 fl $ 0 Tree -e rr 1 • 1 1 1 x II 1 Wii ---- - 11 irYk ,.R n 11 n R II 11 '_'. ' KEY PLAN (for reference only) NOTES: 1. Installation to be completed in accordance with manufacturer's specifications. 2. Do not scale drawings. Disclaimer: Conditions that vary from drawings must be evaluated by a qualified Engineer and appropriate adjustments made - \et Backfill, installed in 8"(200mm) lifts, within 4"-6"(100-150mm) from top of decks, compacted to 95% Anchor each Silva Cell to ground with (4) 10" (250mm) spike,<10mm dia., see Cell base for spike hole Silva Cell base slope to max. 5% — Geotextile on compacted subgrade Planting soil per Silva Cell specifications, installed in 8"(200mm) lifts (2 lifts per cell) 4"(100mm) aggregate sub base, compacted to 95% Subgrade below geotextile and aggregate base course, compacted to 95% Back fO Index Deepkoof DeepRoot Green Infrastructure, LLC 530 Washington Shen San Fnncuao Calironua 94111 Ph 41573149700 worn deeproot tram Urban Trees and Sods 915 Creek Dri, Annapolis Maryland 21403 Ph 4102634838 The Kestrel Design Group 7109 Ohms Lane Minneapolis. 9IN 55439 952-928-9600 fix 9524224-PS60 www keslrcldesigngroup cam Project No : 07337 Drawn by: MDB Checked bv: DR Date: 8I1R012 Rew,o"s. 2012 Release mD r sea. Silva Cells for STREETSCAPE APPLICATIONS Concrete 3.2 Copyright CO 2012 DeepRoot Green Infrastructure, LLC }r Tree trunk, size varies 1"-2"(25mm-50mm) mulch above tree pit DeepRoot UB18-2 Root barrier Inspection riser — Varies 4"(100mm) concrete, tum down to deck around tree opening. Position curb over Cell posts. 4"(100mm) aggregate base course Geotextile, 18"(450mm) minimum overlap past excavation 1"(25mm) air space between Silva Cell deck and planting soil • 18"(450mm) _ Concrete base course per A. -1�r K—:rr apt project specifications fT ~lit s 1'3125-75mm) 1.1 Y. 111 �67F1 51150mm) Tree root package, size varies Planting soil, tamped to max. 85% compaction below root package Silva Cell base slope to max. 5% Geotextile on compacted subgrade Planting soil per Silva Cell specifications, installed in 8"(200mm) lifts (2 lifts per cell) 4"(100mm) aggregate sub base, compacted to 95% Subgrade below geotextile and aggregate base course, compacted to 95% U 11 n 1 I1 tt II Il J11 JL_" 1. -_L--.JL___�' '7' T 0 Tr -a ar. 11 1 1 KEY PLAN (for reference only) NOTES: 1 Installation to be completed in accordance with manufacturer's specifications. 2. Do not scale drawings_ Disclaimer. Conditions that vary from drawings must be evaluated by a qualified Engineer and appropriate adjustments made. Screw Cell decks to frames after snapping in place (typ.) Geogrid. 'J' 6"(150mm) minimum below backfill at base. Overlap 12"(300mm) minimum at top of Cells. 3/16" x14"(5mm x 350mm) zip ties, attaching Geogrid to Silva Cells at each level and at Cell deck Back -fill, installed in 8"(200mm) lifts, within 4"-6"(100-150mm) from top of decks, compacted to 95% Anchor each Silva Cell to ground with (4) 10" (250mm) spike,<10mm dia., see Cell base for spike hole Bank to inder Deepkoof DeepRoot Green Infrastructure, LLC 530 Washington Street Wei ,44,0. .fln, Ph 415781-970U www deeprootcom Urban Trees and Soils 915 Creek Dtne Annapolis Marslend 21403 Ph 410263-6838 The Kctrcl Design Group 7109 Ohms Lane Mim,apolis 01T 55439 952-928-9600 fs 952-224.9800 scum kestreldesigngroup com Project Na : 07337 Drawn by: MDB Checked bv: OR Date 8/1/2012 iNI �1V Rem .meLccoc.N..,_ imam•, Silva Cells for STREETSCAPE APPLICATIONS Concrete 3.3 Copyright ® 2012 DeepRoot Green Infrastructure, LLC Tree trunk, size varies 1 "-2"(25mm-50mm) mulch above tree pit Curb and street per project specifications DeepRoot UB12-2 Root barrier Tree root package, size varies Angle of repose, varies per project specifications Inspection riser U Tree 1 1 11 1 1.. —N--� —'—`r4le I, itHHH KEY PLAN (for reference wdy) NOTES: 1. Installation to be completed in accordance with manufacturer's specifications. 2 Do not scale drawings Disclaimer: Conditions that vary from drawings must be evaluated by a qualified Engineer and appropriate adjustments made. Varies Concrete curb, sized per project specifications, positioned over Cell posts. Attach to paving. Paving, per project specifications 12"(300mm) aggregate base course Geotextile, 18"(450mm) minimum overlap past excavation 1"(25mm) air space between Silva Cell deck and planting soil /. ' " `ij 11 11 -‘41244,VP 111 .:* TSti�. 5-.+ a7011=O .-G.�ri Gf .1fiw ^iw > ,C.7- 6"(150mm) Inspection riser Silva Cell base slope to max. 5% Geotextile on compacted subgrade Planting soil per Silva Cell specifications, installed in 8"(200mm) lifts (2 lifts per cell) 4"(100mm) aggregate sub base, compacted to 95% Subgrade below geotextile and aggregate base course, compacted to 95% Paving base course per project specifications Screw Cell decks to frames after snapping in place (typ.) Geogrid. 'J' 6"(150mm) minimum below backfill at base. Overlap 12"(300mm) minimum at top of Cells. 3116" x14"(5mm x 350mm) zip ties, attaching Geogrid to Silva Cells at each level and at Cell deck Backfill, installed in 8"(200mm) lifts, within 4"-6"(100-150mm) from top of decks, compacted to 95% Anchor each Silva Cell to ground with (4) 10" (250mm) spike,<10mm dia., see Cell base for spike hole Bath do MAGIC Deephof DecpRout Green Whasvucture, LLC 530 Waehinglon street Sen Francisco California 94111 Ph 415 381-9700 wuw deeprootcam Urban Trees end Sods 915 Creek 04, c Annapolis Maryland 21403 Ph 410 263-483S the Kobel Design Group 7109 Ohms We Mirmeapalis M74 55439 952-928-9600 Pac 952-224-9860 www kesereldesigngroup cum Project Na:07337 Drawn by: SIDB Checked bv: DR Date S/1/2012 Revicite: Silva Cells for STREETSCAPE APPLICATIONS Pavers, Asphalt, & Porous Pavements 1.1 1 Copyright e 2012 DeepRoot Green Infrastructure, LLC 'Depending on project specifics such as curb dimensions and sequencing of curb installation, additional space or alternate compaction methods may be required. Contact a DeepRoot representative to determine the best option for your project. 18" (450mm) minimum Setback from face of curb * Curb and street per project specifications U ' • /f Paving, per project specifications 12"(300mm) aggregate base course Geotextile, 18"(450mm) minimum overlap past excavation 1"(25mm) air space between Silva Cell deck and planting soil Inspection riser ".i� �' ~ r0 +� ce lN,i ii _ ori IL--JL—_JL__JL J� i11 1 A o i .r .. KEY PLAN (for reference only) NOTES: 1. Installation to be completed in accordance with manufacturer's specifications. 2 Do not scale drawings. Disclaimer. Conditions that vary from drawings must be evaluated by a qualified Engineer and appropriate adjustments made. S"(150mm) 181450rrxn) Paving base course per project specifications Screw Cell decks to frames after snapping in place (typ.) Geogrid. 'J' 6"(150mm) minimum below backfill at base. Overlap 12"(300mm) minimum at top of Cells. 3/16" x14"(5mm x 350mm) zip ties, attaching Geogrid to Silva Cells at each level and at Cell deck Backfill, installed in 8"(200mm) Arts, within 4"-6"(100-150mm) from top of decks, compacted to 95% Silva Cell base slope to max. 5 % Anchor each Silva Cell to ground with (4) 10" Geotextile on compacted subgrade (250mm) spike,<10mm dia., see Cell base for spike hole Planting soil per Silva Cell specifications, installed in 8"(200mm) lifts (2 lifts per cell) 4"(100mm) aggregate sub base, compacted to 95% Subgrade below geotextile and aggregate base course, compacted to 95% Deepkoof DeepRoot Green Infrastructure, LLC 530 Washing. Street San Francisco Celiforma 96111 Ph -115781-9700 www dec.. cam Urban Trees end Sods 915 Creek Drive Annapolis. Maryland 2,603 Ph. -1102634838 The Kernel Design Group 7109 Ohw Lane Minneapolis 3/1655630 952-928-9600 fax 952-224-9260 wwv keatreldesigigoup cora Project No 07337 Drawn by: AIDE Checked by: DR Date 3/1/2012 Revisions: 2012 Reheu antra Silva Cells for STREETSCAPE APPLICATIONS Pavers, Asphalt, & Porous Pavements 1.2 Copyright el 2012 DeepRoot Green Infrastructure. LLC Tree trunk, size varies 1"-2"(25mm-50mm) mulch above tree pit DeepRoot UB12-2 Root barrier Inspection riser r' I II II II I I I I s11 o—ill FS IgegaWN..��,Y '� r�tr�': f' Tj j► �� .✓���': ��+#"#� I,. fi (150mm) \. e� � \ e `IVVer rt ' \:\`a4• i ti U Var es --1j V d i. rO r �sw-"��AF 18"(450mm) Concrete curb, sized per project specifications, positioned over Cell posts Attach to paving. Paving, per project specifications 12"(300mm) aggregate base course Geotextile, 18"(450mm) minimum overlap past excavation 1"(25mm) air space between Silva Cell deck and planting soil < Jl/CY/n"4 i KEY PLAN (rurre/venro only) CN TES. 1. Installation to be completed in accordance with manufacturer's specifications. 2 Do not scale drawings. Disclaimer. Conditions that vary from drawings must be evaluated by a qualified Engineer and appropriate adjustments made. Tree root package, size varies Silva Cell base slope to max. 5% Geotextile on compacted subgrade Planting soil per Silva Cell specifications, installed in 8"(200mm) lifts (2 lifts per cell) 4"(100mm) aggregate sub base, compacted to 95% Subgrade below geotextile and aggregate base course, compacted to 95% Screw Cell decks to frames after snapping in place (typ.) Geogrid. 'J' 6"(150mm) minimum below backfill at base. Overlap 12"(300mm) minimum at top of Cells. 18" x14"(5mm x 350mm) zip ties, attaching Geogrid to Silva Cells at each level and at Cell deck Backfill, installed in 8"(200mm) lifts, within 4"-6"(100-150mm) from top of decks, compacted to 95% Anchor each Silva Cell to ground with (4) 10" (250mm) spike,<10mm dia., see Cell base for spike hole Deepkoot DeepRoot Greco INraatructure, LLC 530 Washington Street San Francisco Califonua 96111 Ph 415 791-9700 www deeprom Conn Urban Trace and Sods 915 Creek Dm e Annapolis Mao land 21403 Ph 410263-0832 The Kestrel Design Group 7109 Ohms Lane Minneapolis, 012 55439 952-928-9400 7,09952-224-9860 www kestreldesigngoup corn Project To: 07337 Drawn by: 9IDB Checked bac DR Dace: 8/1/2012 Revurone. 3012 Pelson. :-a N.a.,ee affa-erne Silva Cells for STREETSCAPE APPLICATIONS Pavers, Asphalt, & Porous Pavements 1.3 r Copyright e 2012 DeepRoot Green Infrastructure, LLC Tree trunk, size varies 1"-2"(25mm-50mm) mulch above tree pit Curb and street per project specifications DeepRoot UB18-2 Root barrier Tree root package, size varies Angle of repose, varies per project specifications Planting soil, tamped to max. 85% compaction below root package 4 U r Concrete curb, sized per project specifications, I positioned over Cell posts. Attach to paving. Paving, per project specifications 12"(300mm) aggregate base course Geotextile, 18"(450mm) minimum overlap past excavation 1"(25mm) air space between Silva Cell deck and planting soil Inspection riser "Iwo :m:::m:wAxmggssmwzre. 18"{450mm) STA „,, „*. • lit . \rlF1y0!/lfll/ya R.i vy •r �+�±�.,Ter,l �--y ��(fj 8"(150mm) Inspection riser Tree P II L i'5H4 I KEY PLAN (for reference only) NOTES: 1. Installation to be completed in accordance with manufacturer's specifications. 2 Do not scale drawings. Disclaimer: Conditions that vary from drawings must be evaluated by a qualified Engineer and appropriate adjustments made. Silva Cell base slope to max. 5% Geotextile on compacted subgrade Planting soil per Silva Cell specifications, installed in 8"(200mm) lifts (2 lifts per cell) 4"(100mm) aggregate sub base, compacted to 95% Subgrade below geotextile and aggregate base course, compacted to 95% Paving base course per project specifications Screw Cell decks to frames after snapping in place (typ.) Geogrid. 'J' 6"(150mm) minimum below backfill at base. Overlap 12"(300mm) minimum at top of Cells. 3/16" x14"(5mm x 350mm) zip ties, attaching Geogrid to Silva Cells at each level and at Cell deck Backfill, installed in 8"(200mm) lifts, within 4"-6"(100-150mm) from top of decks, compacted to 95% Anchor each Silva Cell to ground with (4) 10" (250mm) spike,<10mm dia., see Cell base for spike hole Deepkoof DeepRout Gem infrastructure, LLC 530 Washington Street San Francisco California 94111 Ph 415781-9700 wows dee,. wan Urban Trees and Soils 915 Creek Drive Annapolis Maryland 21403 Ph 410263-9838 The Rctrel Design Group 7109 Ohms Lane Minneapolis AIN55439 952-928-9600 fax 952-224-9860 www kestreldesigngmup con Project No: 07337 Drawn by: AIDB Checked b,1 DR Date: 8/1/2012 Revisions: .mr Dr..�c.-Irpti,e.a.5 Silva Cells for STREETSCAPE APPLICATIONS Pavers, Asphalt, & Porous Pavements 2.1 Copyright © 2012 DeepRoot Green Infrastructure, LLC 'Depending on project specifics such os curb dimensions and sequencing of curb installation, additional space or alternate compaction methods may be required. Contact o DeepRoot representative to determine the best option for your project. 18" (450mm) minimum Setback from face of curb Curb and street per project specifications U Tree Paving, per project specifications 12"(300mm) aggregate base course Geotextile, 18"(450mm) minimum overlap past excavation 1 "(25mm) air space between Silva Cell deck and planting soil Inspection riser r trrr� IIII Jff J' JL__1i r II II 1V rl II u n rp KEY PLAN (fee rererance only) NOTES: 1. Installation to be completed in accordance with manufacturer's specifications 2. Do not scale drawings Disclaimer: Conditions that vary from drawings must be evaluated by a qualified Engineer and appropriate adjustments made. Paving base course per project specifications 181450mrnl Screw Cell decks to frames after snapping in place (typ.) Geogrid. 'J' 6"(150mm) minimum below backfill at base. Overlap 12"(300mm) minimum at top of Cells. 3/16" x14"(5mm x 350mm) zip ties, attaching Geogrid to Silva Cells at each level and at Cell deck Backfill, installed in 8"(200mm) lifts, within 4"-6"(100-150mm) from top of decks, compacted to 95% Anchor each Silva Cell to ground with (4) 10" (250mm) spike,<10mm dia., see Cell base for spike hole Silva Cell base slope to max. 5% Geotextile on compacted subgrade Planting soil per Silva Cell specifications, installed in 8"(200mm) lifts (2 lifts per cell) 4"(100mm) aggregate sub base, compacted to 95% Subgrade below geotextile and aggregate base course, compacted to 95% Bat* to hither 11mm �V•��11 DeepRoot Green Infrastructure, LLC 330 Washington Street San Francisco Califon,, 94111 Ph 415 701-9700 wvw desyrout cam Urban Trees end Sells 915 Creek Orb c Annapolis Mary land 21403 Ph 410263-0030 The Kestrel Design Group 7109 Ohms Lane Minneapolis. MN 55439 952-92849900 fax 9524224-9860 wvw kcsheldesigngroup corn Project \'o: 07337 Dream by: SID/3 Checked be: DR Dne: S/1/2012 Rstviorta. CMS Silva Cells for STREETSCAPE APPLICATIONS Pavers, Asphalt, & Porous Pavements 2.2 Copyright m 2012 DeepRoot Green Infrastructure, LLC Tree trunk, size varies 1"-2"(25mm-50mm) mulch above tree pit DeepRoot UB18-2 Root barrier Inspection riser Varies Concrete curb, sized per project specifications, positioned over Cell posts. Attach to paving. Paving, per project specifications 12"(300mm) aggregate base course Geotextile, 18"(450mm) minimum overlap past excavation 1"(25mm) air space between Silva Cell deck and planting soil " ra .Jigs i?. �•i_ :S - 18"(45071) S� 1 �wrr 411, fI, a io ����r rA�ri W�Gi Y Tree root package, size varies Planting soil, tamped to max. 85% compaction below root package Silva Cell base slope to max 5% Geotextile on compacted subgrade Planting soil per Silva Cell specifications, installed in 8"(200mm) lifts (2 lifts per cell) 4"(100mm) aggregate sub base, compacted to 95% Subgrade below geotextile and aggregate base course, compacted to 95% KEY ' -N (for ref en s osM NOTES: 1 Installation to be completed in accordance with manufacturer's specifications 2 Do not scale drawings Disclaimer. Conditions that vary from drawings must be evaluated by a qualified Engineer and appropriate adjustments made. Paving base course per project specifications Screw Cell decks to frames after snapping in place (typ.) Geogrid. 'J' 6"(150mm) minimum below backfill at base. Overlap 12"(300mm) minimum at top of Cells. 3/16" x14"(5mm x 350mm) zip ties, attaching Geogrid to Silva Cells at each level and at Cell deck Backfill, installed in 8"(200mm) lifts, within 4"-6"(100-150mm) from top of decks, compacted to 95% Anchor each Silva Cell to ground with (4) 10" (250mm) spike,<l0mm dia., see Cell base for spike hole Back tc. 0eod.srAIIIII Deepkoof D ,pRoul Green Nfiasvuchvc, LLC 530 Washington Snem San Francisco California 94111 Ph 415931-9700 www deepraoacom Urban Trees and Soils 915 Creek Dri, e Annapolis Maryland 31403 Ph 410203-0335 The Kernel Design Group 7109 ohms Lane Minneapolis MN 55419 952-923-9600 fax 952-224-9560 www keslrcldesigngroup corn Project No : 07337 Drawn by: MDD Checked bv: DR Date 3/1/2012 Revisions. 2011 Release Silva Cells for STREETSCAPE APPLICATIONS Pavers, Asphalt, & Porous Pavements 2.3 Copyright e 2012 DeepRoot Green Infrastructure, LLC Tree trunk, size varies 1 "-2"(25mm-50mm) mulch above tree pit Curb and street per project specifications DeepRoot UB18-2 Root barrier Tree root package, size varies Angle of repose, varies per project specifications Planting soil, tamped to max. 85% compaction below root package Concrete curb, sized per project specifications, positioned over Cell posts. Attach to paving. Paving, per project specifications 12"(300mm) aggregate base course Geotextile, 18"(450mm) minimum overlap past excavation 1"(25mm) air space between Silva Cell deck and planting soil Inspection riser -7/ ABU 11 ?4 AC\5Q74;4�/`• . Inspection riser 0 Tree 1 1 Il 1 r1 IN rr —I I: u it wblk KEY PLAN (for reference only) NO, TES. 1. Installation to he completed in accordance with manufacturer's specifications 2. Do not scale drawings Disclaimer: Conditions that vary from drawings must be evaluated by a qualified Engineer and appropriate adjustments made. � • ':— ... 6"(150mm) Silva Cell base slope to max. 5% Geotextile on compacted subgrade Planting soil per Silva Cell specifications, installed in 8"(200mm) lifts (2 lifts per cell) 4"(100mm) aggregate sub base, compacted to 95% Subgrade below geotextile and aggregate base course, compacted to 95% Paving base course per project specifications Screw Cell decks to frames after snapping in place (typ.) Geogrid.'J' 6"(150mm) minimum below backfill at base. Overlap 12"(300mm) minimum at top of Cells. --- 3/16" x14"(5mm x 350mm) zip ties, attaching Geogrid to Silva Cells at each level and at Cell deck Backfill, installed in 8"(200mm) lifts, within 4"-6"(100-150mm) from top of decks, compacted to 95% Anchor each Silva Cell to ground with (4) 10" (250mm) spike,<10mm dia., see Cell base for spike hole DeepAoof DccpRoot Greco InfrastrucMrri LLC 530 Washington Street Sim Francisco California 94111 PPa4151R1-9100 dccprooLcom Grillo Trees and Sod, 915 Check Drir e Annapolis Maryland 21403 Ph 410263—a3R The xespcl Design Group 1109 Ohms Lane Minneapolis MN 55439 952-92S-9600 Bs 552224-9860 www krmeldcsigngroup com Project No.: 07337 Drawn by: AIDB Chocked bv: DR Date: 3/1/2012 Resiaiow. NG Release Silva Cells for STREETSCAPE APPLICATIONS Pavers, Asphalt, & Porous Pavements 3.1 Copyright ® 2012 DeepRoot Green Infrastructure, LLC and sequencing of curb installation, additional space or alternate compaction methods may be required. Contact a DeepRoot representative to determine the best option for your project. 18" (450mm) minimum Setback from face of curb' Curb and street per project specifications tenIIif , 1 1111 II ili m II•1Ii; i 'm of 6"(150mm) Silva Cell base slope to max. 5% Geotextile on compacted subgrade Planting soil per Silva Cell specifications, installed in 8"(200mm) lifts (2 lifts per cell) 4"(100mm) aggregate sub base, compacted to 95% Subgrade below geotextile and aggregate base course, compacted to 95% Paving, per project specifications 12"(300mm) aggregate base course Geotextile, 18"(450mm) minimum overlap past excavation 1 "(25mm) air space between Silva Cell deck and planting soil Inspection riser :111S "Ir i�alri-J Paving base course per project specifications Screw Cell decks to frames after snapping in place (typ.) Geogrid. 'J' 6"(150mm) minimum below backfill at base. Overlap 12"(300mm) minimum at top of Cells. 3/16" x14"(5mm x 350mm) zip ties, attaching Geogrid to Silva Cells at each level and at Cell deck Backfill, installed in 8"(200mm) lifts, within 4"-6"(100-150mm) from top of decks, compacted to 95% Anchor each Silva Cell to ground with (4) 10" (250mm) spike,<10mm dia., see Cell base for spike hole KEY PLAN Or reference only) NOTES: 1 Installation to be completed in accordance with manufacturer's specifications 2 Do not scale drawings. Disclaimer: Conditions that vary from drawings must be evaluated by a qualified Engineer and appropriate adjustments made. DeepRool Green loran souse, LLC 530 Washington Sveel San Francisco. California 94111 Ph 115,81-9700 wow deeproat cam Urban Trees and Soils 915 Creek Drive Annapolis Mart land 21403 Ph 110 263-838 The Rest' Design Group 7109 ohms Lane Mmnmpolis \IN 55439 952-928-9600 fax 952-224-9860 www kcatrehlesigng r,vp c.m Projen\o:07337 Drawn by: MDR Checked by DR Date: 8/1/2012 Revisions. araa+.-oOon-,oe.�.,e •Ye.e Silva Cells for STREETSCAPE APPLICATIONS Pavers, Asphalt, & Porous Pavements 3.2 Copyright © 2012 DeepRoot Green Infrastructure, LLC Tree trunk, size varies 1"-2"(25mm-50mm) mulch above tree pit DeepRoot UB18-2 Root barrier Inspection riser Varies Concrete curb, sized per project specifications, positioned over Cell posts. Attach to paving. Paving, per project specifications 12"(300mm) aggregate base course Geotextile, 18"(450mm) minimum overlap past excavation 1 "(25mm) air space between Silva Cell deck and planting soil II"frO 1.1•14,,,,, . . �fi �_Ir=��.f ���=1''!l �� �•'i�=�.—.l :�C'=1��a>•=r��� l� "j. 6"(150mm) 1 / ✓TnJ ✓ /! '� j / • 11 L—_1 _—rr---J—�L--1L—_..: r--lr--�r�_1r---tr_`1F___. 1 1 i1 II Ir 11 Ir 11 II 11 0 II L__J [—..__2L_— -IL .1 1 , _ J II II I1 .. 1 •• 11 „,.....1„ —..V.....•T r k• I 1 I I I I 1 T k 1 1 1 = i 1 Tree 0 ,r== IF 1 II 1II 1 11 .1 II 1` u 1 _ 11 11 11 I n 1 I 1 ;' 1 I KEY PLAN (for refer., a only) NQTES 1 Installation to be completed in accordance with manufacturer's specifications 2 Do not scale drawings Disclaimer: Conditions that vary from drawings must be evaluated by a qualified Engineer and appropriate adjustments made. Tree root package, size varies Planting soil, tamped to max. 85% compaction below root package Silva Cell base slope to max. 5% Geotextile on compacted subgrade Planting soil per Silva Cell specifications, installed in 8"(200mm) lifts (2 lifts per cell) 4"(100mm) aggregate sub base, compacted to 95% Subgrade below geotextile and aggregate base course, compacted to 95% 18 (450mm) Paving base course per project specifications Screw Cell decks to frames after snapping in place (typ.) Geogrid. 'J' 6"(150mm) minimum below backfill at base. Overlap 12"(300mm) minimum at top of Cells 3/16" x14"(5mm x 350mm) zip ties, attaching Geogrid to Silva Cells at each level and at Cell deck Backfill, installed in 8"(200mm) lifts, within 4"-6"(100-150mm) from top of decks, compacted to 95% Anchor each Silva Cell to ground with (4) 10" (250mm) spike,<10mm dia., see Cell base for spike hole Book ro indenrigil Deepkoof baQavaCeae.LLC IY1WeAlgbaSerert S44 Seri Francisco, California 94111 Ph 415 781-9700 wens decproolcom Urban Trees and Soils 915 Creek Deis c Annapolis MorA land 21403 Ph 410 2634138 The Resbcl Design Gaup 7109 ohms Lan, Minneapolis A11 55439 952-928-9000 fm 952-224-9860 mono kesneldeaigngrnup cam Project No O7337 Drawn hy: A1D0 Checked bso DR Dote: S/1/2012 Reunions: 2012 Releeae erva 0=.rCaSYNcsnc+..s-.. Silva Cells for STREETSCAPE APPLICATIONS Pavers, Asphalt, & Porous Pavements 3.3 Appendix E Hydromodification Details REVISIONS RE8SION DATE REV BY DESCRIPTION OF REVISION 3/28/17 ZHD UPDATED TO STANDARD SUBMITTAL CONFIGURATION 1'-11"� 030* MANWAY ACCESS WITH DRILLED IN STEPS PoN: t340.00', CONFRM. 15' OUTLET CONTROL VIER, SEE OETNL SHEET 4 OF 4. SUPPLIED BY OLDCASTLE PRECAST, INC- INSTALLED & GROUTED IN PLACE BY OTHERS. LZJ g� cA DESIGN NOTES: 1. DESIGN LOADINGS: A. AASHTO HS-20-44 W/ IMPACT. B. DEPTH OF COVER =6"-7'-0" (120 PCF ASSUMED). C. ASSUMED WATER TABLE= 335.00'. D. DRY LATERAL EARTH PRESSURE (EFP) =45 PCF USING CALTRANS 3/4" CLASS 2 BASE FOR BACKFILL (PER GEOTECH). E. LATERAL LIVE LOAD SURCHARGE = 80 PSF (APPLIED TO 8' BELOW GRADE). F. NO LATERAL SURCHARGE FROM ADJACENT BUILDINGS, WALL PIERS, OR FOUNDATIONS. 2. CONCRETE 28 DAY COMPRESSIVE STRENGTH SHALL BE 6,000 PSI. 3. STEEL REINFORCEMENT: REBAR, ASTM A-615 OR A-706, GRADE 60. 4. CEMENT: ASTM C-150 SPECIFICATION. 5. STORM CAPTURE MODULE TYPE = DETENTION. 6. REQUIRED BASE LAYER DEPTH= Z SAND BEDDING LAYER. 7. REQUIRED NATIVE ALLOWABLE SOIL BEARING PRESSURE = 2,500 PSF. 8. REFERENCE STANDARDS: A. ASTM C 890 B. ASTM C 891 C. ASTM C 913 9. ANY DESIGN CONSTRAINT DIFFERENT FROM ABOVE REQUIRES CUSTOM STRUCTURAL DESIGN AND MAY REQUIRE THICKER SUBGRADE AND REVISED PRICING. 16'-0* 6'-0" r C 160' ZE" (INCLUDES Y" GOP PER SECTION) 144' 2Y0" 076" OPENING FOR 060' RCP, OUTLET INVERT: 325.26'. r6" 3'-21I STORM CAPTURE NODULES BY OLDCASTLE PRECAST INC. NSIDE DIMENSIONS: 7' W x 15' l x 8' H, SYSTEM INVERT: 325.28'. 030* MANWAY ACCESS } te. RIM: ±340.00', CONFIRM. B B 030" MANWAY ACCESS RIM: 0340.00', CONFIRM. B B B 030" MANWAY ACCESS RDA: ±310.00, CONFIRM. • B B B A A A A A +: :+: :+: : :+: :+ B B , B1 • 030" MANWAY ACCESS RIM: 0340.00', CONFIRM. 070" OPENNG FOR 054' RCP, HET INVERT: 327.00'. PLAN VIEW SCALE: 3/64" =1.-0" 56' 0%4" NOTES TO REVIEWING ENGINEER: 1. THIS SYSTEM IS DESIGNED TO THE PARAMETERS NOTED. PLEASE VERIFY THAT THESE PARAMETERS MEET PROJECT REQUIREMENTS (I.E. LIVE LOAD AND FILL RANGE). IF DESIGN PARAMETERS ARE INCORRECT NOTIFY OLDCASTLE IMMEDIATELY FOR REDESIGN AND RE -PRICING. 2. REVIEWING ENGINEER TO CONFIRM ALL PIPE PENETRATION LOCATIONS, SIZES, AND INVERTS. 3. REVIEWING ENGINEER TO CONFIRM ALL MANWAY ACCESS LOCATIONS AND RIM ELEVATIONS. 4. UNLESS OTHERWISE NOTED, ALL PIPE SUPPLIED AND INSTALLED BY OTHERS. 5. THIS SYSTEM IS DESIGNED WITH A CONTAINMENT MEMBRANE LINER. IF A LINER IS NOT NEEDED PLEASE CONTACT OLDCASTLE TO PROVIDE THIS OPTION IN THE FINAL DESIGN. D F 104.-3" (INCLUDES Y.° GM PER SECTION) STAGE -STORAGE STAGE HEIGHT (FT) VOLUME (CF) VOLUME (AC -FT) 0000 65 085 0 163 14,171 0325 21,739 0499 2 29,307 0673 25 3fi 875 0847 3 44,444 1 020 35 52,012 1 194 4 59,580 1 368 45 67,148 1 542 74,717 1715 55 82,285 1 889 89,853 2063 65 97,421 2236 7 104273 0002 75 111,124 2551 111975 2708 Stormwater BILL OF MATERIALS TYPE OUANn„ HEIGHT A 86 8' Al 8' A2 8' B 5 8' B1 8' C 2 8' D 22 8' D1 8' F 8' G1 8' TOTALS 4' TOP 131 4' BASE 131 15'WEI R WALL 038'TIANWAY ACCESS 5 DRILLED N STEPS 14 VOLUME 118,406 CUBIC FEET GEOTEXII LE FABRIC 14 ROLLS BUTYL ROPE 529 ROLLS JOINT WRAP 72 ROLLS CONTAINMENT LINER 42,800 SQUARE FEET 03/3//Z0/7 *THIS MUST BE FILLED OUT BEFORE MANUFACTURING BEGINS* APPROVED W/ NO EXCEPTIONS TAKEN: APPROVED AS NOTED: ❑ REVISE AND RESUBMIT: ❑ SIGNATURE DATE CO Oldcastle Precast® son&a«aiaza, s,.m smlumm", col�im ea/elon�ffinen�,�m,.�m, TO THE INTERESTS OF, OR WITHOUT iT:141,NIDPERMISS101:10F OLDCAST'L'ETRrCIANSjTU, CO PYRIG FR Cala OLDCASTLE PRECAST, INC ALL RIG FRS RESERVED STORMCAPTURE SC2 Detention System Ruggeri -Jensen -Azar Boulevard, Tract 8382 - Dublin, CA SALES oxawN 3/23/17 KGB MJT ING NUM. SCDD-0467-1_SC2_DT JPR/JMH REV DATE 3/28/17 SIILL ' OF 4 SEASONAL HIGH GROUNDWATER EL: 2335.00' 030" HS-20 RATED WONAY ACCESS WNH DRILLED IN STEPS AND RISERS/GRADE RINGS AS REQUIRED TO GRADE PAVING/OVERBURDEN, BY CONTRACTOR, SEE DESIGN NOTE 9. WRAP GEOTE%TLE FABRIC/LINER COMBINATION OVER TOP OF STS0EM. rSTORM CAPTURE NODULES BY OIDCASTIE PRECAST, INC. / WEIR WALL BY OLOCASTIE PRECAST, NC. DUE TO POTENTIAL FLOTATION THE SITE WILL REWIRE DEWAIERING MIL A MINIMUM OF 1' OF COMPACTED FILL HAS BEEN PLACED OVER THE S(STEM. 4% 030" HS-20 RATED MANWAY ACCESS WITH RISERS/GRADE RINGS AS RETUNED TO GRADE 01° VENT HOLE ONE SIX ONLY. ` ,r ---- a F �-_ ---- # s s $s v s** • s•s4 ��s��� ys•sov v��s,�s•so �•s ����������� ������������� �� f4s$44 s s s s s s s s s•,.st$4 44•$ s s s s s s s s s s s s s s s, , Asti tiioev, i�hti•ds •s s"_ IAs �A....A •s Ii, ,s,vsI ,vs .", ,s, �I ,4",s,*,s,s,v I .", Isis �I , Isis .". ......�........................I�.�.�.�.....................................A •�•�•�•�•�•s,�•�•s•�•�•r�•�•s•�• Iss sssss, �swss •vvvw�s �. � .t. moo. . � .t. � .,t, sts —I = =J' 0 I I I I 1 I I I I _ I I I I I I I L J L J 1 l 1 J 1 : 1 • , 1r l T �� t. TYPICAL ELEVATION SCALE: 3/8" = 1'.0" `94. TERMADUCT, TYPICAL os/s1/zo(7 Stormwater RIM. 34000' MAXIMUM 334.36 MINIMUM 6.611.1L7 ." MN COVER4' WX COVER 8 EL: 333. 86' r EL 333.28' 8'-0" EL 325,28' EL 324.70' NOTE TERMADUCT INSERTS TO BE KNOCKED OUT AT SPECIFIED LOCATIONS ONLY (BY OTHERS). 11:1111 Oldcastle Precast® 7921 So.. Plaza, S. NO umm", C0i80120 .8818 l cucmeenomvamrcon STORMCAPTURE SC2 Detention System Ruggeri -Jensen -Azar Job Name' Boulevard, Tract 8382 - Dublin, CA , 3/23/17 I HAWING DOWN I eNaIN. - JPR/JMH e�xotx e'o SCDD-0467n1MSC2 DT REV DATE: of 4 3/28/17 4—WAY SLINGS WITH MN. 10' LEGS. 8T RING CLUTCH BY MEADOW BUR18E HEAVIEST PICK WEIGHT = 23,500 LBS LIFTING DETAIL N T.S. 4—WAY SLINGS WITH MN. 10' LEGS. 81 RING CLUTCH BY AEAGOW BUR1E BOTTOM MODULE LIFTING DETAIL N.T.S. 9' 2" 8.-0" 6' 16' 0" 15' 0' 6" r N1 I � L A 1 I IN J 04" TERMADUCT PLAN VIEW SCALE: 1/4"= 1'-0" VIEW A SCALE: 1/4"= 1'-0" 4'-0" Or VENT HOLE THIS SIDE ONLY. 9' EVERY OTHER L—BAR IS A U—BAR ,—/4 BAR 0 8" O.C. EVERY OTHER L—BAR IS A U—BAR #5 BAR 0 9' 0.C. 1" CLR 15 OAR 0 9' 0.C. 1.5' CLR #5 BAR 0 12' 0.C. j5 84R 0 T 0.C. 1.5' CLR #6 BAR 0 12' O.C. #5 BAR 0 12' 0.C. I' CLR #4 84R 0 14" 0.C. PERIMETER UNIT STEEL SECTION SCALE 1/4"= 1'-0" 4' 4'-0 EVERY OTHER L—BAR IS A U—BAR EVERY OTHER L—BAR IS A U—B R INTERIOR UNIT STEEL SECTION SCALE 1/4"= 1'-0" #4 84R 0 8" 0.C. #5 BAR 0 9' O.C. 1' CLR 15 84R 0 12' 0.C. 1.5' CLR 4 BAR 0 12' 0.C. j5 84R 0 12' 0.C. 1.5' CLR #4 BAR 0 I2' 0.C. #5 BAR O 12' O.C. I' CLR #4 84R 0 14' 0.C. 4' 0" 1-6" I 1 r 1 6-6" I I I 1 r Z —r VIEW B SCALE: 1/4"= 1'-0" f04" TERMADUCT PASSAGE WHERE SPECIFIED. Stormwater 03/.Wz0l7 0 7921 Southpark Pla, Su, >GO 110elon CO 180120 Oldcastle Precast® TO THE INTERESTS OF, ORWITHOUTiV:14DPERMISS101:1BOF MOM-VP:VC 1ANSjTU,r CO PYRIG FR Cala OLDCASTLE PRECAST, INC ALL RIG FRS RESERVED STORMCAPTURE SC2 Detention System Ruggeri -Jensen -Azar Job Name Boulevard, Tract 8382 - Dublin, CA 3/2ah17 GB DRAWN MJT ENGINEER CHECKED JPR/JMH SALES ORDER DRAININGUMBER SCDD-0467n1_SC2_DT REV DATE 3/28/17 SHEET OF 4 1 1'-11° f 030" OPENING 15' 0° — 6' f 1' 3' 12' 6° EL: 333,20' 1'-5" 09" ORIFlCE 024 ORIFlCE — EL: 331.78' T-11° 6 6° I I 3.- } 5'-0" 1 OUTLET WEIR WALL SCALE: 1/4" = 1'-0" MODULE G1 SCALE: 1/4" = 1'-0" 070" OPENING FOR 054" RCP. 7' 6° 1 ( -. \1 r 076" DOGHOUSE OPENING FOR 060" RCP -r r � t , `/ \ / MODULE B1 VIEW A SCALE: 1/4" = 1'-0" 010 C -$/ hU"'z '" .. c va Cli Oldcastle Precast® s,naar.Plaza, suileNO, Melon, PK .8818 I cuomecnmmamr.00n SCALE: 1/4" = 1'-0" w C85068 j xI THIS DOCUMENT IS THE PROPERTY OF OLDCASTLE PRECAST, INC R IS CONFIDENTIAL, AND SHALL NOT BE USED IN AMWAY INJURIOUS T,OwVGM@o�RECAST, INC • ?;‘ `�j*/ IT CAM- STORMCAPTURE0 SC2 Detention System Q�i�daaa,. Op GPO— Ruggeri -Jensen -Azar ° 1 03/3//Z0/7 Boulevard, Tract8882 Dublin, CA 6 Stormwater z 17 (s as °MT ieNGNeH x PV,MH eALee oxotx 1nfi1tr8. SCDD-0467-1HAWING MSC2 DT REV"ON V DATE 3128117 ee a of a Appendix F Concept Storm Water Management Plan 120 180 l won_ 80 w Lt, L ram PRELIMINARY STORM WATER TREATMENT CALCULATIONS ff 6 l 1711 35 50 55 254 AREA ID SURFACE IMPERVIOUS AREA 18F1 PERVIOUS AREA IBFI BMP USED SIZING FACTOR REQUIRED SURFACE AREA PROV SURFA AREA DMA, PAIENC/ 0CF/HARO00./ LANDSCAPING 38.0 23,,070 8.-R£lENnCN 0.04 1,530 I,590 DMA , PAVING/ROCF/MARDSCAPE/ N06CA%NG 19,980 5060 HIO-REIENPLN 004 WO 840 DMA /4 PAW4G/ROQ� ",1,9 SCAP£/ LANDSCAPING 21, , 5060 8/0-REIENnLN D. 880 900 DMA jq PAVING/R00.�/HARDSCAPE/ LANOSG%NC 2I,2. 5060 RIG-R£PNPLIV 0.04 ' 880 900 DMA Ai PAVING/ROO�/MARDSCAPE/ NOSCA%NG 2i,270 5060 0IO-REIENIION 0.04 860 930 DMA j6 PA D NOSC %NC " / 17,800 5060 8I0.REDNRLN 0.04 750 770 DATA n PA G L=AZSCAPE/ NOSCA%NC .950 5060 8I0-REIENPLN 0.04 870 910 DMA, PA GEOOP/PI"RGSD" / LANDSCAPING 14,870 IA. DIG-REhriPLN 0.04 660 730 DMA /9 PANNG/LANOk00.`/MAROSCA%NCSCAPE/ 10,I60 5050 8/0.REP.I. 0.04 440 440 DMA /10 PAI7NDA703FiSIA00S0APC/ LANDSCAPING 15,330 5200 HID-RE6NPLN 004 650 650 DMA /11 PA0NG/FIXY/LA9OSCAPING 30730 23,660 D30-635NPb9 0.04 1,320 1.400 DMA /12 PAWNG/ROOF/LANOSCAPING I7,630 5060 SILVA CELL 0.04 750 850 DMA /I3 PANNG/180001ANDSCAPING 15,240 6,050 DI9-REIENPON 004 630 850 DMA /14 PAMNG/RIXY/LANOSCA%NG 12140 6,050 8I0-R£IENPON 0.04 5I0 650 DMA /15 PA8NG/R00F/LAN95CA%NG 25530 S3I70 SILVA CELL 004 1.270 1.280 DMA jib PAHNC/6OP3/LANOSCAPING 26690 34580 SILVA CELL 0.04 1,200 1,200 DMA P2 PAVING/6IX.Y/HA%NCAROSCAPE/ NDSC 17,,050 I0080 HID-REIENPLN 004 720 750 DMA /18 PAVING/RO.Y/HARDSCAPC/ LANDSCAPING 17,,050 I0,060 HID-REIENPON 004 720 750 DMA /79 PAVING% 00F/HAROSCAPE/ LANDSG%NC 16,690 10,560 6I0-REIENOLN 004 ' ]10 MO 9MA /rL PANNG/600P/HAROSCAPE/ NDSCA%NC 2I480 I2090 SILVA CELL D. 990 I.000 A i INM 111 ail WIN RI VII q 11 ,4, 470 4.41, • 0-# AoalL .4$01* DMA II 'OM ' w 1111 MI is� MIf� • 1� Mz 1111 1 1 i 11 ll I MI DMA #12 ..■1111 INKS ism II Ell MINIM • 411", 15 • 1 PRELIMINARY STREET WATER TREATMENT CALCULATIONS imL111.1 MOM `` DMA #13 ■1 1111 • iiT Elam DMA #14 DMA #16 rij 11111 DMA r 'I #11 N 0 S AREA IDSURFACE IMPERVIOUS AREA 18FI BMP USED SIZING FACTOR REQUIRED SURFACE AREA PROVIDED SURFACE AREA DMA Al PA5NG/HAROSCAPE 2l.740 810-REIENPGV 0.04 1,,110 4150 DMA /S2 PAVING/HARO5CAPE 2270 SILVA CELL 004 z90 290 DMA /S3 PAVING 1.270 810-REIENPAV 0.04 Z90 290 LEGEND &0.REICNPOV SILVA CELL Qa Th 1 -.,I # Meg lera lliminr a. DMA DMA #18 ■�Ili�l�� DMA #20 DMA #19 sip 7T-IORIZON PARKWAY �SY F�t`I I 1 CONCEPT STORMWATER MANAGEMENT PLAN DUBLIN CROSSING CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA FOR: DUBLIN CROSSING VENTURE. LLC KEY MAP A i\y11 RUGGERI-JENSEN-AZAR ENGINEERS • PLANNERS • SURVEYORS 49:°i9°5) 42,-9 oo°°FAX.Lwzs> °; 93 p4566 DATE: MARCH 31, 2015 JOB NO. 081076 SHEET 1 OF ■ A ■ M. 3 DMA #1 • 1 DMA #S1 n rot ■ L DMA 1 ■ ■ = 1= PRELIMINARY STORM WATER TREATMENT CALCULATIONS AREA ID SURFACE IMPERVIOUS AREA ISM PERVIOUS AREA (SF) SMP USED SIZING FACTOR REQUIRED SURFACE AREA PROVIDED SURFACE AREA DMA /L PASN0/800E4ANDSCAPA4C 123490 735,270 NO- RE1W AWN 0.04 5490 5,490 DMA 93 R00P/LANOSCAPMG 27480 38450 8I0-RETENDON 0.04 1,230 1,250 DMA JS 1700F/LW05CAPING 28010 35,820 0I0-8EMOON 0.04 1,270 1,280 DMA /4 RDCF/LANOSCA%NC 16.490 24.470 5/0-REIENDON 004 760 810 DMA 15 RODRO<l/LANOSCAPMG 18040 19,660 Lq0-8ETENDON 0.04 560 560 DMA 96 R00F/LANDSCAPINC 9,160 21,450 8I0-REIENAOV 004 450 460 OVA P PAWNC/R00E/LANOSCAPMC 18,740 21.120 510-8CIENIION 004 830 830 0NA 91 PAWVG/NARDSCAPE 247,,430 - SLVA CELL 0.04 9,900 9,920 LEGEND 11 DMA #S1 Li =1 DMA #6 8I0-8EFENDON At ✓A CELL fo....0101 111-1040111.12 CONCEPT STORMWATER MANAGEMENT PLAN DUBLIN CROSSING CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA FOR: DUBLIN CROSSING VENTURE. LLC cc C O KEY MAP NOT 10 SCALE 0 120 IBC 1 nch = 6O 14 - 11 RUGGERI-JENSEN-AZAR ENGINEERS • PLANNERS • H°9E°b050 227-9790°° FAx: (925) 22, 98Or" R DATE: MARCH 31. 2015 JOB NO. 081076 SHEET 2 OF 1 Eh r II D A 7 II I' II ■ ■ DMALC rta PIN op lam DMA *9 I_1T Nlj NIJ illJ sal NMI I� . X10 P. P e_. �� s� DMA #S1 CENTRAL PARKWAY i,°,6 Ii co 0 m PRELIMINARY STORM WATER TREATMENT CALCULATIONS AREA ID SURFACE IMPERVIOUS AREA 18F1 PERVIOUS AREA 18F1 BMP USED SIZING FACTOR REQUIRED SURFACE AREA PROVIDED SURFACE AREA DMA /I MOC3/LANDSCAPINC 8,910 3460 BI0-6£I£N090 004 J90 400 DMA /2 PA"" /0A00NOSCAFjHA%NFO'SCC AP / 26,770 24,120 BIG-FE7EN006 004 l,il0 1,,170 DMA /3 POOP/LANDSCAPING 10030 7..900 8I0-6£IEN9ON 0.04 4J0 450 DMA N 9000/LM'05CAPING 4,460 3,510 8I0-REIENPLW 004 190 200 DMA /5 PA0NG/ROOF/SCA%NCHAROSCAP£/ NO 24,390 27,,130 9LVA CELL 0.04 1,090 1,090 DMA /6 PANNC/R Z %FOSCAPE/ 12,370 10,570 8I0-6£I£N0041 0.04 540 550 DMA /l PA"NG/R00F4ANOSCA%NG 10330 10760 PO-REPN6LW 004 460 4B0 0MA /8 PA"NC NOSCA%NG/NAROSCAP£/ .250 20,250 PO-REIEIIOOV 004 1,090 T090 DMA /9 PA"NC/RO0P/SAROSCAPP/ LANOSCA%WG 30700 20,470 BID-R£IEN0LW 004 ',MO 1,320 DMA /10 PA"NG/RDOF/LANDSCAPING 9,030 6,590 BID-REDTDION 004 390 400 DMA /il ROL6/VNDSOAPINC 7,800 3,590 8I0-R£1£NDON 004 J90 400 DMA /12 0000/...OSCAPING 7,,600 6,150 8I0-REIEN6ON 004 J. 400 DMA /I3 POOP/LANDSCAPING 100J0 7,,900 8I0-R£I£N690 0.04 4I0 440 DMA /14 PA"NG/R00F/LANDSCAPING 5780 4,390 BID-REIENnON 004 250 250 DMA /15 PA"NG/RDOF/LANDSCIPINO 19450 1;420 910-RE00ON 0.04 790 840 DMA /I6 PA"NC/R00P/LANDSCAPINC 5,860 3,950 8I0-6£2N0ON 0.04 250 250 OVA /ll F000/LA005040ING 4,460 3,510 90-REIENPON 0.04 190 MO DMA /51 PAWNG/NAROSCAP£ 51,570 0980 9LVA CELL 004 2.100 2,160 LEGEND 8r0-REhN770V 9LVA CELL CONCEPT STORMWATER MANAGEMENT PLAN DUBLIN CROSSING CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA FOR: DUBLIN CROSSING VENTURE. LLC KEY MAP NOT N SCALE 11 80 120 180 men - 80 IL i� 11 RUGGERI-JENSEN-AZAR PHONE° 99s'i 941-97 �°° FAx:is9si322, s300 DATE: MARCH 31, 2015 JOB NO. 081076 SHEET 3 a 7 HORIZON PARKWAY LEGEND 6I0-REIEN11Q1 SL ✓A CELL 0 80 120 I80 1 inch = 80 R. PRELIMINARY STORM WATER TREATMENT CALCULATIONS AREA ID SURFACE IMPERVIOUS AREA (SF) PERVIOUS AREA 18F1 BMP USED SIZING FACTOR REQUIRED SURFACE AREA PROVIDED SURFACE AREA DMA 9 PAWNG/RCC•f/AMDSCAPMl6 11,990 8332 8I0-REIENDOV 0.04 500 500 DMA 12 PANNG/RODF/LANOSCAPMMG 9,670 3.332 .12 CELL 004 400 450 DMA 13 PANNG/RANDSOCY%CAPINGUR05CAPE/ 22820 6,664 8I0-681END08 0.04 940 E. DMA 14 PANNG/ 00F/LANOSCAgNG 9,040 2332 SIL ✓A CEll 0.04 380 300 DMA 15 PADNG/R00E/LANOSCAPMG 12,910 2332 SILVA CELL 004 530 620 DMA MA PANNGAN.041AMNT V 24,560 6,700 8I0-8EIE871O8 0.04 E010 I,U10 DMA P R000/LANOSCAPINO 11,540 6,664 6l0-RELEND0N 004 490 490 DMA 18 PANNG/R00E/LANOSCAPMG 18480 6,664 8I0-REIE81103 904 770 780 DMA 19 PAV204/ 00E/HADDSCAPE/ LANDSCAPING 16,990 8664 SA✓A CLLL 0.04 710 770 DMA 110 PAONG/R0(Y/HAR05GIPE/ AN08CAPINC 21,220 6.664 SAVA CELL 004 880 880 DMA 111 PA8N6/R00E/LANOSCAPIND 19,900 6,664 0l0-REIENDON 0.04 820 900 DMA .1 PA4D0G/LANDSCAPINGHOCY/HAROSCAPE/ 140210 280,380 9l0-REIENDON 004 ],050 7,,050 CONCEPT STORMWATER MANAGEMENT PLAN DUBLIN CROSSING CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA FOR: DUBLIN CROSSING VENTURE, LLC KEY MAP NOT TO SCA, v..xtirA i\y11 RUGGERI-JENSEN-AZAR ENGINEERS • PLANNERS • SURVEYORS 4690 PRONE:°(925) DRIVE. SUITE (844) °;93045BB DATE: MARCH 31. 2015 JOB NO. 081076 SHEET 4 OF LEGEND 610-R£IEN00N SL ✓A CELL inch - 80 H CENTRAL PARKWAY z 7 zzz zzz zzz DUBLIN BOULEVARD PRELIMINARY STORM WATER TREATMENT CALCULATIONS AREA ID SURFACE IMPERVIOUS AREA ISFI PERVIOUS AREA ISM USED SIZING FACTOR FACTOR REQUIRED SURFACE AREA PROVIDED SURFACE AREA DMA 61 PANN6/R00F/LANOSCAPE 6000 4,500 010-REWN110N 004 260 260 DMA /2 PANING% D /OAROSCAPE UND 22550 13730 SY VA CELL 004 960 960 DMA /3 PANNC/0000/1ANOSCAPE 9,290 6,300 610-R£2MIGN 004 400 400 DMA /4 PANNG/R00£/LANDSCAP£ 5,540 3600 010-REFENA0N 004 240 240 DMA /5 PANNG/1200£/LANOSCAPE 9, I20 6300 810-F£IE6110V 004 390 400 DMA /5 PA090/605T/NAROSCAPE /LANDSCAPE 16,980 7,,820 SIL✓A CELL 004 110 720 DMA f] PANNG/RCOF/LANDSCACE 9865 5360 810-REIENRON I.04 420 420 DMA 34 PANNC/R00FjLAN05CAPE 9690 6800 610-RE7E611ON 204 420 420 DMA 89 PANNG/0000AANOSCAPE 9980 5280 010-RE/ENRON 304 420 420 DMA f10 PA9F0G/L/RANOSC 00E/NPEAR05CAPE 19l]C 14190 S0.✓A CELL 4.04 650 060 ONA hi PAWJG/AOOF% AROSCAPE /LANDSCAPE 6.315 2,910 010-REFENA0N 504 270 270 DMA fit PAYF0O/ROLV/NAR05CAPE /LANDSCAPE 9]JS 6,340 SY✓A CELL 604 420 420 DNA fl3 PA4MG/6005/OARDSCAPE /LANDSCAPE 9,250 8,970 SILVA CELL 704 430 430 DMA fl4 PAIANG/ROLY/HARDSCAPE ND C 40,920 14, 150 Bl0-RE2NPON 804 1,700 1,700 DMA fly PANING% C'F/OAROSCAPE 21,6]0 12240 8I0-REIENOON 9.04 I,200 I,Z00 ONA pl PA4MG UO SC.IPE 13,810 206550 610-R£2MION 0.04 270 1,370 DMA AS1 PAWNG/NARDSCAPE/ LANDSCAPE 0640 1240 010-REFENTION 004 420 350 DMA /02 PANNA ESCAPE P£/ 8,620 1240 SIVA CELL 004 430 350 DMA f53 PAWNC/NARO .PE/ 3010 280 SILVA CELL 004 120 1.LANDSCAPE DMA 364 PANNLAG%NDIARDSCAP£/ SCAPE 3010 280 SILVA CELL 004 120 /20 OM on PA0VG/600P/NARDSCAPE /LANDSCAPE 101,170 61,420 810-R£1ENRCN 004 4,290 4,330 DNA /42 PA464C//uNOscP000/NAROSCAPE aP£ l5/,680 116490 e10-REIENPON 1004 6,500 6.500 CONCEPT STORMWATER MANAGEMENT PLAN DUBLIN CROSSING CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA FOR: DUBLIN CROSSING VENTURE, LLC KEY MAP N0T FO SCALE nTi RUGGERI-JENSEN-AZAR ENGINEERS • PLANNERS • SURVEYORS 4690 °(946 X925)9 4566 PHONE. 944-9100 FAX. 27-Do DATE. APRIL 15, 2015 JOB NO. 081076 SHEET Of 8 LEGEND 810-19ETEN00N SN ✓A CELL KEY MAP NOT TO SCALE " o 54LEM 4 i■■I■ u 1 mit - 36 A #1 rI'r' 1■E IT -II Iwo NI DMA #S1 ■E Ip imu in I -;NUGGET WAY DMA #9 .i ( ESA II ■ 1 ,IM 1:1211 i-P DMA-k12 ion ° 1 �■ _ N PRELIMINARY STREET STORM WATER TREATMENT CALCULATIONS AREA ID BURFACE IMPERVIOUS AREA MP) PERVIOUS AREA ISM BMP USED SIZING FACTOR REQUIRED SURFACE PROVIDED SURFACEAREA AREA 0MA r'1 PANNC/NAROSCAPE 54,450 7,530 810-REIEN0O5 0.04 2,210 2,270 DMA /52 PANNG/NARDSCAP£ 9,870 1220 SL✓A CELL 0.04 400 410 DMA /SS PANNC/NARDSCAPE 1I,990 1750 8I0-REIEN0O6 0.04 490 490 DMA p'4 PANNGAIAROSCAPE 10890 740 SAVA CELL 0.04 440 500 DMA /55 PANNG/NARDSCAPE 35,020 3870 R'0-REIENIION 0.04 1,420 1,500 DMA /56 PANNC/NARDSCAPE 4880 770 810-RERN0ON 0.04 280 280 NIB EN ■A J11 ■11■� DMA #18 - . 1119) PRELIMINARY SFH STORM WATER TREATMENT CALCULATIONS ° DMA #S5 -N- 0 80 120 100 e �Mit 1:1 DMA #25 1=11M11. II O ° AREA ID SURFACE IMPERVIOUS AREA 18F1 PERVIOUS AREA ISFI BMP USED SIZING FACTOR REQUIRED SURFACE AREA PROVIDED SURFACE AREA DMA /14 PA1966/60O7/LAN05CANNC 5750 2720 80-REIEN0O6 004 280 300 DMA /35 PANNG/RO 9-/AAp OSCAPE/ (ANOSCAPING 9,330 2720 010.RE1EN503 0.04 380 380 DMA P6 6006/LAN05CAPINC 6,800 5,440 PO-REIENRCN 0.04 300 300 OMA Pl 0000JOANDSCAPING 5,670 4,540 810-REIEN00N 004 250 300 DMA /98 PANNG/90OP/LAN05CAPING 16,560 5,440 610-REON0O6 0.04 680 680 DMA P9 R00E/LANOSCAPMG 5600 5440 610-REIEN5ON 004 300 300 DMA /20 PA46NG/k /ANDSCAPING 4,860 2,720 810-RERN0ON 0.04 210 230 DMA /21 PANN6/60O,/LAN05CAP3NC 4,830 2720 80-6E0N006 0.04 200 230 DMA /22 PANNC/RC007/LANDSCAMNC 9,6I0 4350 810-REIEN0ON 004 410 450 DMA /23 PANNGAJ 93 CA / I],200 9,090 E10.REIEN0ON 0.04 l20 750 OMA /24 R00F/LAN09CAPINC 5670 4340 8/0-REAN00N 0.04 250 300 DMA /25 PANNG/ROLf AZCAPE/ 10,310 3,9I0 810-REIEN00N 004 430 450 DMA /26 R00F/LANOSCAPING 7,930 6,350 810-RE1EN00N 0.04 340 380 DMA /27 PANNC/ROCFAANOSCAMNG 6,190 2,720 80-REIEN0ON 004 260 J00 CONCEPT STORMWATER MANAGEMENT PLAN DUBLIN CROSSING CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA FOR: DUBLIN CROSSING VENTURE, LLC 1`A7A- RUGGERI-JENSEN-AZAR ENGINEERS • PLANNERS • SURVEYORS 4690 PRONE:°(92) DRIVE.27.9 00°° Fax.` (925) ° ;93 04566 DATE: MARCH 31. 2016 JOB NO. 081076 SHEET 6 OF 9, 549 9 35 0 f55.4 352 5 569 S t 35, 7 359 s 369.6 a9 39 6� DMA #8 PRELIMINARY STORM WATER TREATMENT CALCULATIONS AREA ID SURFACE IMPERVIOUS AREA (SF) PERVIOUS AREA (SF) BMP USED SIZING FACTOR REQUIRED SURFACE AREA PROVIDED SURFACE AREA DMA /1 PASNO/R00E/RAROSCAPE 13,600 I3,160 MOARE 2NR0N 004 600 615 DMA /2 PANNG/R0Y/NARDSCAP£ 16,900 10,690 81041E211110V 004 720 720 DMA /3 PANN6/R00E/T1AROSCAP£ ),850 9,680 010-FEIDIOM 004 350 350 DMA /4 PAl9NG/600 >IIARDSCAPE 12,760 7,,000 010-REIENR062 004 540 540 0MA /5 PANNO/R00F/HAROSCAP£ 18,000 6,I00 010-FE2NPGW 0.04 740 750 DMA /6 PA %IARDSCAPE 23.720 13300 810-R£2111101,1 0.04 1,000 1,050 DMA /l PANNG/ROOF/HARDSCAP£ 1A600 6,660 810-REIE11110N 0.04 570 560 OMA /6 PA11110/0.00F 2Z740 14,640 610-R£TEN RCW 0.04 970 T. DMA /5 PANNG/R000/HAR05CAP£ 1120 15,340 010-REIENRLW 004 750 770 DMA /10 PANNG/R00F/HAROSCAP£ 19,400 11,660 810-REIE111170 004 820 640 LEGEND DMA #5 11111111U HQRIZOPARKWAY I J I -I I t h 010-REhNiION SAVA C£4 N1 111_1;41111,1'[ II CONCEPT STORMWATER MANAGEMENT PLAN DUBLIN CROSSING CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA FOR: DUBLIN CROSSING VENTURE, LLC 33, 11 KEY MAP NOT TO SCA, 60 120 180 1mn = 60 rt. A IN lit. RUGGERI-JENSEN-AZAR ENGINEERS • PLANNERS • SURVEYORS 4690 N°i5SUITE00°X(805°73A666 PRONE FA ) 90 DATE: MARCH 31. 2015 .108 NO. 081076 SHEET 7 OF STORMWATER MANAGEMENT PLAN - PHASE 1 TRACT 8150 - DUBLIN CROSSING CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA DMA IMPERVIOUS AREA (SF) PERVIOUS AREA (SF) TOTAL AREA (SF) EFFECTIVE IMPERVIOUS AREA (SF) RIO-RETENTION PROVIDED (SF) PONDING DEPTH (IN) 17 4,288 780 5,068 4,366 185 5.79 18 4,242 780 5,022 4,320 185 5.79 19 6,433 972 7,405 6,530 195 5.58 20 7,384 972 8,356 7,481 220 5.92 21 8,333 774 9,107 8,410 250 5.68 22 6,846 896 7,742 6,936 205 5.80 23 4,731 567 5,298 4,788 145 5.27 24 10,870 1,553 12,423 11,025 325 5,87 25 3,442 261 3,703 3,468 105 5.28 26 7,851 864 8,715 7,937 235 5.77 27 8,491 864 9,355 8,577 255 5.68 28 10,625 26 10,651 10,628 Alternate treatment in Dublin Blvd. 29 10,340 1,053 11,393 10,445 310 5.71 30 4,166 518 4,684 4,218 125 5.75 31 7,961 1,305 9,266 8,092 240 5.73 32 7,961 1,305 9,266 8,092 240 5.73 33 4,161 518 4,679 4,213 125 5.72 34 6,401 482 6,883 6,449 190 5.88 35 6,019 743 6,762 6,093 180 5.82 42 26,143 2,165 28,308 26,360 780 5.78 43 7,811 784 8,595 7,889 235 5.63 44 15,928 1,595 17,523 16,088 480 5.60 45 5,367 537 5,904 5,421 160 5.84 DUBLIN BLVD IMPERVIOUS AREA SUMMARY: TOTAL 1MPERVIOUS AREA TREATED ON (JUL IN BLVD. 55,249 SF NEW IMPERVIOUS AREA CREATED (Ar DMA 42 TO 45) NEW SIDEWALK ADJACENT TO LOT 5 ON DUBLIN BLVD. 16,135 SF 7,220 SF NEW IMPERVIOUS AREA FOR DMA #28 10,625 SF IMPERVIOUS AREA CREDIT FOR FUTURE PHASE 21,269 SF J RUGGERI-JENSEN-AZAR ENGINEERS • PLANNERS • SURVEYORS 4690 CHABOT DRIVE, SUITE 200 PLEASANTON, CA 94588 PHONE: (925) 227-9100 FAX: (925) 227-9300 DATE: JANUARY 07, 2015 JOB N0. 081076PH1 SHEET 1 OF 1 53 . z z > > a 0 AREA ID SURFACE IMPERVIOUS AREA (SF) PERVIOUS AREA (SF) BMP USED EFFECTIVE IMPERVIOUS AREA (SF) REQUIRED SURFACE AREA (5F) 1 PAVED 10033 1700 BIO RETENTION 10203 406 2 PAVED 3426 630 BIO RETENTION 3489 140 PAVED 4220 780 BIO RETENTION 4298 172 4 PAVED 9036 1700 BIO RETENTION 9206 368 5 PAVED 6281 1265 910 RETENTION 6408 256 6 PAVED 7563 1265 BIO RETENTION 7690 308 7 PAVED 4243 605 BIO RETENTION 4304 172 8 PAVED 8837 1575 BIO RETENTION 8995 360 9 PAVED 7259 1575 BIO RETENTION 7417 297 10 PAVED 5717 1130 BIO RETENTION 5830 233 11 PAVED 6377 1130 BIO RETENTION 6990 280 12 PAVED 3986 900 BIO RETENTION 4076 163 13 PAVED 9927 1330 BIO RETENTION 10060 402 14 PAVED 3179 555 BIO RETENTION 3235 129 15 PAVED 3911 555 B10 RETENTION 3967 159 16 PAVED 5570 915 1310 RETENTION 5662 226 17 PAVED 6347 915 910 RETENTION 6439 258 18 PAVED 7588 1350 910 RETENTION T723 339 19 PAVED 7602 1355 910 RETENTION 7738 310 20 PAVED 4919 1000 BIO RETENTION 5019 201 21 PAVED 4719 1000 BIO RETENTION 4819 193 22 PAVED 8130 1170 B10 RETENTION 8247 330 23 PAVED 6492 900 BIO RETENTION 6582 263 24 PAVED 12253 1580 BIO RETENTION 12411 496 25 PAVED 6506 900 BIO RETENTION 6596 264 26 PAVED 2934 505 BIO RETENTION 2985 119 Q 1MM 1® 113EB11114® TRACT 8150 - DUBLIN CROSSING STORMWATER MANAGEMENT PLAN - PHASE 2 RUGGERI-JENSEN-AZAR ENGINEERS • PLANNERS • SURVEYORS 4690 CHABOT DRIVE, SUITE 200 NTON, CA 94588 PHONE: (925) 227-9100 FAX: (925(925) 227-9300 CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA DATE: JANUARY 7, 2015 JOB NO. 081076 SHEET 1 OF 1 AREA ID SURFACE IMPERVIOUS AREA (SF) BMP USED SIZING FACTOR REQUIRED SURFACE AREA (SF) SURFACE AREA AS PROVIDED (SF) 1 PAVED 2576 BIO RETENTION 0.04 103 109 2 PAVED 2576 BIO RETENTION 0.04 103 109 3 PAVED 6824 BIO RETENTION 0.04 273 275 4 PAVED 6824 BIO RETENTION 0.04 273 275 5 PAVED 3981 810 RETENTION 0.04 159 160 6 PAVED 2838 BIO RETENTION 0.04 114 115 7 PAVED 8295 BIO RETENTION 0.04 332 335 8 PAVED 7257 BIO RETENTION 0.04 290 290 9 PAVED 12701 BIO RETENTION 0.04 508 510 10 PAVED 11282 BIO RETENTION 0.04 451 455 11 PAVED 7297 BIO RETENTION 0.04 292 295 12 PAVED 7297 BIO RETENTION 0.04 292 295 13 PAVED 9422 BIO RETENTION 0.04 377 380 14 PAVED 9422 BIO RETENTION 0.04 377 380 15 PAVED 3934 BIO RETENTION 0.04 157 160 16 PAVED 3933 BIO RETEN110N 0.04 157 160 17 PAVED 7252 Bto RETENTION 0.04 290 290 18 PAVED 7251 810 RETENTION W/ SILVA CELL 0.04 290 290 19 PAVED 5073 BIO REITNN ON W/ SILVA CELL 0.04 203 205 20 PAVED 4875 MO RETENTION 0.04 195 195 21 PAVED 8876 BIO RETENTION 0.04 359 360 22 PAVED 8976 BIO RETENTION 0.04 359 360 23 PAVED 4442 810 RETENTION 0.04 178 180 24 PAVED 9640 BIO RETENTION 0.04 386 390 25 PAVED 5393 BIO RETENTION W/ SILVA CELL 0.04 216 220 26 PAVED 430e BIO RETENNON W/ SILVA CELL 0.04 172 175 27 PAVED 4572 610 RETENTION 0.04 183 185 28 PAVED 11252 MO RETENTION 0.04 490 450 29 PAVED 9543 BIO RETENTION 0.04 383 385 30 PAVED 5096 BIO RETENTION 0.04 204 205 31 PAVED 7731 BIO RETENTION 0.04 309 310 32 PAVEO 8167 BIO RETENTION W/ SILVA CELL 0.04 327 330 33 PAVED 8168 BIO RETENTION 0.04 327 330 34 PAVEO 25030 MO RETENNON 0.04 1065 1065 35 PAVED 8019 BIO RETENTION W/ 5ILVA CELL 0.04 321 325 36 PAVED 8019 BIO RETENTION 0.04 321 325 37 PAVED 3723 BIO RETENTION W/ SILVA CELL 0.04 149 150 38 PAVED 14001 BIO RETENION QM 560 560 39 PAVED 18386 BIO RETENNON 0.04 735 735 CENTRAL PARKWAY TRACT 8150 - DUBLIN CROSSING STORMWATER MANAGEMENT PLAN - PHASE 3 CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA .ALbAQl) ENGINEERS • PLANNERS • SURVEYORS 4690 CHABOT DRIVE, SUITE 200 PLEASANTON, CA 94583 PHONE: (925) 227-9100 FAX: (925) 227-9300 }NtiRiZON PARKWAY AREA , SURFACE &FERMIS AdrA go EIMP MED . FAC7OR RECIARED SURFACE AIWA (SF) SURFACE AREA AS PROVIDED (SO AREA 1 PAM 8,332 640 REIENIM 0.04 AREA 2 PAVED 6,840 60 REIEVUON 0.04 274 275 AREA 3 pAvED 17,230 610 REENTION 0.04 689 669 AREA 4 PA4E0 14,145 610 SEIENIION 0.04 567 567 AREA 5 PAVED 2890 610 IMENTION 0.04 356 356 AREA 6 pAvEp 8,493 MO REIEVIION 0.04 340 342 AREA 7 PAVED 29,806 &O REMINDS 0.04 1,192 3193 AREA 8 PAVED 24,468 810 REIEWIDY 004 979 981 AREA 9 PAVED 14972 EW RE7ENITOW 0.04 759 767 AREA 10 PAVED f5,106 810 MEMOS 004 604 608 STORMWATER MANAGEMENT PLAN - PHASE 4 CITY OF DUBLIN. ALAMEDA COUNTY. CALIFORNIA 1:141r. RUGGERI-JENSEN-AZAR ENGINEERS • PLANNERS • SURVEYORS 4690 CHABOT DRIVE. SUITE 200 PLEASANTON: CA 94583 PHONE: (925) 227-9100 FAX (925) 227-9390 DATE: JANUARY 09, 2015 JOB NO. 081076 Appendix G Proposed Drainage Map pp <E A„ (PAGES ffi 19a 5 uN�A RVA DRAINAGE WAVER PLAN s o NA FLOW 5f 110 (YS N'OU(0 COMMIE TOLbYE G-}. ® 555 1995 S NLZ MIAMA9 PL NASIER AN I5/55 19) 9 1994 A, ays , am - LWA9=9 ch UAW o � Flame 0 FOR BODING DRAINAGE 00 w40 FA0/00E5. FIGURE 6 PROPOSED DRAINAGE MAP DUBLIN CROSSING CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA MRER RUGGERI:JENSEN-AZAR Pxa.E:°iszn.23Hs';."FA,7LEATM 9",,r Appendix H Concept Hydromodification Plan C111�7r1h: rllft� :,llf�: i,llfi::Ih�Ih: Alta'or ,vlmmurui 1� Iw Mil ONO i��f .ruw i�JLwr� +��� �rr�iiw'1Vrw 1-�. Lwir- II{�� =fit: ru'w1! � JI 1. Jlw' w7Cw'w7G'i I7Cwi Ii7Ctiuli'17 G.I IJrJ fit F F ■ m �t E �1 I =il li woo 'iI IMF dm IL _-3ij i wjF d * I-,111 � 4r1Ili lta f ovegr Rovoirt94. Arm "a �4d;i;� `i30%sit 7a. �u9 f�klips 42 I1441-O � far MRrrBil �rJ� ,` a� rril bLpe� Aa I�d6� I 0 � �a5 0 dii dj iti, ,ni ivh Kali . ISaI 1 1u- '.'� sr Na7 aN 4I'.1 ra, ail"q'LIP�ha' .r li p �1 it rJ `�L�1ry'tir ���r��,yL � leyYrr� ,IVEMijili IIN ICy'� �► �—_� :III Ilt: r�+m �I I�r f� 1 ti IO••+ ■ ,4 'i�•�Ii�{t��mf�ili4�,'Ii r:!-Ipryrgit i CONCEPT HYDROMODIFICATION MANAGEMENT PLAN NOT TO SCALE ix,/ RUGGERI-JENSEN-AZAR ENGINEERS • PLANNERS • SURVEYORS 4690 CHABOT DRIVE, SUITE 200 PLEASANTON, CA 94566 PHONE: (925) 227-9100 FAX: (925) 227-9300 APRIL 17, 2017 ATTACHMENT C Water Quality Certification for the Dublin Crossing Development Project in the City of Dublin Alameda County Excerpts from the Revised Mitigation Monitoring Plan, Dublin Crossing, 620 6th Street, Dublin, Alameda, California (MMP) (Johnson Marigot Consulting, LLC, April 4, 2017). Appendix B Enhancement and Restoration Plans for Chabot Canal and Canal 2 AVERAGE BUFFER FROM PROPOSED 100 YEAR FLOOD ELEVATION NORTH BANK VARIES 17'-45' AVERAGE BUFFER FROM OHWM NORTH BANK VARIES 35'-89' PROPOSED SEASONAL WETLAND 0.16 ACRE 441 1 / / / / / / / `- (iyF. : Eic- FT 1 / / / / / / / AVERAGE BUFFER FROM PROPOSED 100 YEAR FLOOD ELEVATION SOUTH BANK VARIES 25'-32' AVERAGE BUFFER FROM OHWM SOUTH BANK VARIES 39'-53' 350 345 340- 335- 330— 325— 320— 315 0+00 I LEGEND PROPOSED SEASONAL WETLANDS PROPOSED 100 YEAR FLOOD ELEVATION . PROPOSED OUTER LIMIT OF CHANNEL BUFFER ZONE 7 ACCESS PATHWAYS RUSTIC TRAIL FOOT BRIDGE ZONE 7 ACCESS LOCATION PROPOSED CONTOUR (1') PROPOSED CONTOUR (5') CONCRETE WALLS AND STRUCTURES - TO BE REMOVED PROPOSED RESTORATION/REALIGNMENT CONCRETE AREA - TO BE REMOVED EXISTING RIP RAP - TO BE REMOVED EXISTING CONCRETE RUBBLE - TO BE REMOVED BURIED ROCK - PROPOSED IMPROVEMENT ASPHALT - TO BE REMOVED EXISTING CANAL WETLAND AREA - TO REMAIN EXISTING TREE - TO REMAIN EXISTING GRADE 1 WETLAND BENCH FINISHED GRADE WRH MICRO -TOPOGRAPHY ORDINARY HIGH WATER MARK 0+25 0+50 0+75 1+00 CHABOT CANAL CROSS SECTION A -A' FULL SIZE SCALE: H11=10'1/1"=10' 1+25 0 40 80 350 —345 —340 — —335 —330 —325 —320 315 1+50 3 \1 l Cortina RE NO (775.51.16 CONCEPT PLAN DUBLIN CROSSING DATE'. 2/2118 DRAWN BY. JC °REC.° BY: MH SCALE: AS SHOWN CARDNO JOB NO. E315001000 FIGURE NO. P1.0 CHANNEL TO BE RESTORED/REALIGNED PRESERVE EXISTING OAK AND WILLOWS 1 AVERAGE BUFFER FROM PROPOSED 100 YEAR FLOOD ELEVATION NORTH BANK VARIES 25'-45' AVERAGE BUFFER FROM OHWM NORTH BANK VARIES 35'-89' AVERAGE BUFFER FROM PROPOSED 100 YEAR FLOOD ELEVATION SOUTH BANK VARIES 25'-32' I N</NFSF�,S �I CHANNEL TO BE RESTORED/REALIGNED I AVERAGE BUFFER FROM OHWM SOUTH BANK VARIES 39'-53' 350 • ENO NMI :NM NNE NiM. 11111111 • 0+1 LEGEND PROPOSED SEASONAL WETLANDS PROPOSED 100 YEAR FLOOD ELEVATION • PROPOSED OUTER LIMIT OF CHANNEL BUFFER ZONE 7 ACCESS PATHWAYS RUSTIC TRAIL FOOT BRIDGE ZONE 7 ACCESS LOCATION PROPOSED CONTOUR (1') PROPOSED CONTOUR (5') CONCRETE WALLS AND STRUCTURES - TO BE REMOVED PROPOSED RESTORATION/REALIGNMENT CONCRETE AREA - TO BE REMOVED EXISTING RIP RAP - TO BE REMOVED EXISTING CONCRETE RUBBLE - TO BE REMOVED BURIED ROCK- PROPOSED IMPROVEMENT ASPHALT - TO BE REMOVED EXISTING CANAL WETLAND AREA - TO REMAIN EXISTING TREE - TO REMAIN 411 0 40 00 345— 340- r 335— L_ 330- 325- 320 0+00 50'-100' ORDINARY HIGH WATERMARK 350 —345 7 -340 0+25 0+50 CHABOT CANAL CROSS SECTION B-B' FULL SEE SCALE: H1"=10' V1'=10' 0+75 —335 —330 —325 320 1+00 5 RE (J) CONCEPT PLAN Z 0 w00 O 0< D- OD og D- J ix Z0 0< 0z 00 W Q2 = W 00 Q 2 Z W DUBLIN CROSSING 0 z 0 0 DATE'. 2/2118 DRAWN Br. JC CHECKED BY: MK SCALE: AS SHOWN CARDNO JOB NO. E313001000 FIGURE NO. P1.1 AVERAGE BUFFER FROM OHWM SOUTH BANK VARIES 35'-40' AVERAGE BUFFER FROM PROPOSED 100 YEAR FLOOD ELEVATION SOUTH BANK VARIES 22'-40' 001°6" / 360 355— 350 345— 340- 335— 330- 325 0+00 PROPOSED SEASONAL WETLAND 0.19 ACRE LEGEND PROPOSED SEASONAL WETLANDS PROPOSED 100 YEAR FLOOD ELEVATION PROPOSED OUTER LIMIT OF CHANNEL BUFFER ZONE 7 ACCESS PATHWAYS RUSTIC TRAIL FOOT BRIDGE ZONE 7 ACCESS LOCATION PROPOSED CONTOUR (1') PROPOSED CONTOUR (5') CONCRETE WALLS AND STRUCTURES - TO BE REMOVED PROPOSED RESTORATION/REALIGNMENT CONCRETE AREA - TO BE REMOVED EXISTING RIP RAP - TO BE REMOVED EXISTING CONCRETE RUBBLE - TO BE REMOVED BURIED ROCK - PROPOSED IMPROVEMENT ASPHALT - TO BE REMOVED EXISTING CANAL WETLAND AREA - TO REMAIN EXISTING TREE - TO REMAIN 0 2200440 EXISTING GRADE 1 ORDINARY HIGH WATER MARK WETLAND BENCH FINISHED GRADE l WITH MICRO/TOPOGRAPHY 360 —355 —350 —345 —340 —335 —330 0+25 0+50 0+75 1+00 CHABOT CANAL CROSS SECTION C-C' FULL SEE SCALE: H1"=10' Vr=10' 325 1+25 1+34 \1 l Cortina RE NO CONCEPT PLAN Z 0 a Z O co Og K O D- Y Z U< I— I— OZ CO W = U UZ 2 Z W DUBLIN CROSSING DATE'. 2/2118 DRAWN BY. Jc CHECKED BY: MK SCALE: AS SHOWN CARDNO JOB NO. E313001000 FIGURE NO. P1.2 PROPOSED SEASONAL WETLAND 0.11 ACRE AVERAGE BUFFER FROM OHWM NORTH BANK VARIES 32'-36' 410 AVERAGE BUFFER FROM PROPOSED 100 YEAR FLOOD ELEVATION NORTH BANK VARIES 25'-28' PROPOSED SEASONAL WETLAND 0.14 ACRE PROPOSED SEASONAL WETLAND 0.12 ACRE I 355 350 345 340 335 330 AVERAGE BUFFER FROM PROPOSED 100 YEAR FLOOD ELEVATION SOUTH BANK VARIES 40'-47' AVERAGE BUFFER FROM OHWM SOUTH BANK VARIES 49'-61' LEGEND EN w!. PROPOSED SEASONAL WETLANDS PROPOSED 100 YEAR FLOOD ELEVATION PROPOSED OUTER LIMIT OF CHANNEL BUFFER ZONE 7 ACCESS PATHWAYS PROPOSED CONTOUR (1') PROPOSED CONTOUR (5') CONCRETE WALLS AND STRUCTURES - TO BE REMOVED EXISTING CULVERT - TO BE REMOVED CONCRETE AREA - TO BE REMOVED EXISTING RIP RAP - TO BE REMOVED EXISTING CONCRETE RUBBLE - TO BE REMOVED ASPHALT - TO BE REMOVED PROPOSED RESTORATION/REALIGNMENT EXISTING GRADE ORDINARY HIGH WATER MARK WETLAND BENCH FINISHED GRADE WITH MICRO -TOPOGRAPHY 3-4 A TYPICAL WETLAND GRADING SECTION A -A' N.T.S. A' 355 350 345 340 335 330 0 40 80 0 CONCEPT PLAN z wg OF �o z w N w z Z z= Uw w DUBLIN CROSSING DATE'. 2/2118 DRAWN BY. JC CHECKED BY: MN SCALE: AS SHOWN CARDNO JOB NO. B318001000 FIGURE NO. P2.0 HORIZON PKWY (G STREET) II RESTO RA :1 "�- 127— OPEN BOTTOM CULVERT ■ HORIZON PARKWAY ENHANCEMENTS A 126.0' RESTORA110 ■f' r it I I III REMOVE CONCRETE ° 1 14= II J— REMOVE CONCRETE LINING THROUGHOUT ALL RESTORATION AREAS (TYP.) REMOVE CONCRETE ° �110 EXISTING CULVERT to 0 I` CENTRAL PARKWAY ENHANCEMENTS HORIZON PARKWAY REMOVE CONCRETE LINING THROUGHOUT ALL RESTORATION AREAS (TYP.) REMOVE ASPHALT° AND CONCRETE 7r REMOVE RIP RAP 0 REMOVE CONCRETE 0 V MATCHLINE-SEE SHEET P2.0 CENTRAL PARKWAY REMOVE ASPHALT AND CONCRETE 0 NOTES: STAGE 1 - REMOVE CULVERT, RIP RAP, AND CONCRETE AS SOON AS FEASIBLE. STAGE 2 - INSTALL TREES AND SHRUBS FOLLOWING CONSTRUCTION OF EACH NEW CROSSING. A 4.11) LEGEND PROPOSED SEASONAL WETLANDS PROPOSED 100 YEAR FLOOD ELEVATION PROPOSED OUTER LIMIT OF CHANNEL BUFFER ZONE 7 ACCESS PATHWAYS PROPOSED CONTOUR (1') PROPOSED CONTOUR (5') CONCRETE WALLS AND STRUCTURES - TO BE REMOVED EXISTING CULVERT - TO BE REMOVED CONCRETE AREA - TO BE REMOVED EXISTING RIP RAP - TO BE REMOVED EXISTING CONCRETE RUBBLE - TO BE REMOVED ASPHALT - TO BE REMOVED PROPOSED RESTORATION/REALIGNMENT FOOT BRIDGE 0 40 8800880 V J Cortina RE NO (775.51.16 CONCEPT PLAN DUBLIN CROSSING U Z 0 0 DATE'. Yd118 DRAWN BY. JC CHECKED BY: MN SCALE: AS SHOWN CARDNO JOB NO. B318001000 FIGURE NO. P2.1 Appendix C Planting Plans for Chabot Canal and Canal 2 PROPOSED OUTER LIMIT OF CHANNEL BUFFER EXISTING CANAL WETLAND AREA ZONE 7 ACCESS PATHWAYS ZONE 7 ACCESS DROP -IN POINT PROPOSED 100-YEAR FLOOD ELEVATION RUSTIC TRAIL ZONE 7 ACCESS DROP -IN POINT PROPOSED BENCH PEDESTRIAN CROSSING ZONE 7 ACCESS DROP -IN POINT PROPOSED BENCH .7 VEHICULAR CROSSING GENERAL NOTES: 1. LANDSCAPE PLANTING SHALL CONFORM TO THE STANDARDS ESTABLISHED UNDER CITY OF DUBLIN, CA PLANNING DEPT. 2. ALL NEW SHRUBS AND TREES SHALL HAVE 3" DEPTH OF BARK MULCH AT BASE AT A 2' DIAMETER ON CENTER. 3. TREE AND SHRUB AREAS SHALL HAVE A COMPREHENSIVE 3-YEAR IRRIGATION SCHEDULE TO INSURE PLANT HEALTH AND SURVIVAL. 4. ALL PLANT MATERIAL DELIVERED TO THIS SITE SHALL MEET THE AMERICAN NURSERYMAN'S ASSOCIATION STANDARDS. LANDSCAPE PLANT MATERIAL SCHEDULE - CHABOT CANAL SYMBOL TREES ITEM SIZE QTY. ACER MACROPHYLLUM BIGLEAF MAPLE AESCULUS CALIFORNICA CALIFORNIA BUCKEYE CERCIS OCCIDENTALIS WESTERN REDBUD PLATANUS RACEMOSA CALIFORNIA SYCAMORE QUERCUS AGRIFOLIA COAST LIVE OAK QUERCUS LOBATA VALLEY OAK EXISTING TREE TO REMAIN, PROTECT 5 GAL. OR TREE POT 5 GAL. OR TREE POT 5 GAL. OR TREE POT 15 GAL. OR TREE POT 4 15 GAL. OR TREEPOT 4 15 GAL. OR TREEPOT 4 10 12 13 14 21 12 SHRUBS & ACCENTS ITEM SIZE QTY. ARTEMISIA DOUGLASIANA 1 GAL. 55 MUGWORT 6' O.C. BACCHARIS PILULARIS 1 GAL. 55 COYOTE BRUSH 6' O.C. SAMBUCUS NIGRA CAERULEA TREEPOT 44 BLUE ELDERBERRY ROSA CALIFORNICA 1 GAL. 85 CALIFORNIA ROSE 6' O.C. RUBUS URSINUS 1 GAL. 35 CALIFORNIA BLACKBERRY 10' O.C. FRANKENIA SALINA 1 GAL. 35 ALKALI HEATH 3' O.C. LAYIA PLATYGLOSSA 1 GAL. 35 COASTAL TIDYTIPS 3' O.C. DOWNINGIA PULCHELLA 1 GAL. VALLEY CALICOFLOWER 3' O.C. 35 PLANT EACH SHRUB SPECIES IN GROUPS OF 5 TO 7 PLANTS AT SPACING INDICATED EXCEPT FOR BLUE ELDERBERRY. PLANT BLUE ELDERBERRY AS INDIVIDUAL. NATIVE SEED MIX - LOW FLOW CHANNEL (FOR AREAS ON BOTTOM OF SWALE TO 4' ABOVE TOE OF SLOPE, & WETLANDS) BOTANICAL NAME COMMON NAME PLS LBS/ACRE MIN. GERM. HORDEUM BRACHYANTHERUM DISTICHLIS SPICATA NASSELLA LEPIDA DESCHAMPSIA CESPITOSA MEADOW BARLEY SALT GRASS FOOTHILL NEEDLEGRASS TUFTED HAIRGRASS 10.0 9.0 3.0 3.0 40 45 45 40 TOTAL: 15 LBS. PER ACRE (PLS) TOTAL AREA: 37,273 SF / .85 ACRES TOTAL QUANTITY: 12.8 LBS. NATIVE SEED MIX - RIPARIAN (FOR RIPARIAN AREAS DOWN TO 4' ABOVE TOE OF SLOPE) BOTANICAL NAME COMMON NAME PLS LBS/ACRE MIN. GERM. % NASSELLA PULCHRA DISTICHLIS SPICATA NASSELLA CERNUA MELICA CALIFORNICA VULPIA MICROSTACHYS POA SECUNDA PURPLE NEEDLEGRASS SALT GRASS NODDING NEEDLEGRASS CALIFORNIA MELIC THREE WEEKS FESCUE NATIVE PINE BLUEGRASS 10.0 9.0 6.0 6.0 6.0 3.0 60 60 60 50 60 80 TOTAL TOTAL AREA: 146,123 SF / 3.4 ACRES 40 LBS. PER ACRE (PLS) TOTAL QUANTITY: 136 LBS. 0 40 80 w 1- REVISIONS O z J w 0) (J, RENO Cary/no Shaping the Future 5496 RENO CORPORATE DRIVE RENO, NV 89511 TEL: (775) 828-4362 FAX (775) 851-8046 WWW.CARDNO.COM CONCEPT PLAN CHABOT CANAL PROPOSED PLANTING PLAN DUBLIN CROSSING DUBLIN, CA DATE: 04/2017 DRAWN BY: BS CHECKED BY: BS SCALE: AS SHOWN CARDNO JOB NO. E315001900 SHEET NO. L1.0 w 1- ZONE 7 ACCESS DROP -IN POINT ♦ Z ♦ EXISTING OAK AND WILLOW TREES TO REMAIN, PROTECT VEHICULAR CROSSING PROPOSED BENCH I ZONE 7 ACCESS DROP -IN POINT 4, �,k00 + `w &al .....- - • AMVIIPAIII100-4,% drAIW.411rtiteiti GENERAL NOTES: 1. LANDSCAPE PLANTING SHALL CONFORM TO THE STANDARDS ESTABLISHED UNDER CITY OF DUBLIN, CA PLANNING DEPT. 2. ALL NEW SHRUBS AND TREES SHALL HAVE 3" DEPTH OF BARK MULCH AT BASE AT A 2' DIAMETER ON CENTER. 3. TREE AND SHRUB AREAS SHALL HAVE A COMPREHENSIVE 3-YEAR IRRIGATION SCHEDULE TO INSURE PLANT HEALTH AND SURVIVAL. 4. ALL PLANT MATERIAL DELIVERED TO THIS SITE SHALL MEET THE AMERICAN NURSERYMAN'S ASSOCIATION STANDARDS. MEM LANDSCAPE PLANT MATERIAL SCHEDULE - CHABOT CANAL PROPOSED 100-YEAR FLOOD ELEVATION PROPOSED BENCH EXISTING CANAL WETLAND AREA ZONE 7 ACCESS DROP -IN POINT ZONE 7 ACCESS PATHWAYS RUSTIC TRAIL PEDESTRIAN CROSSING PROPOSED OUTER LIMIT OF CHANNEL BUFFER SYMBOL TREES ITEM SIZE QTY. ACER MACROPHYLLUM BIGLEAF MAPLE AESCULUS CALIFORNICA CALIFORNIA BUCKEYE CERCIS OCCIDENTALIS WESTERN REDBUD PLATANUS RACEMOSA CALIFORNIA SYCAMORE QUERCUS AGRIFOLIA COAST LIVE OAK QUERCUS LOBATA VALLEY OAK EXISTING TREE TO REMAIN, PROTECT 5 GAL. OR 10 TREE POT 5 GAL. OR 12 TREE POT 5 GAL. OR 13 TREE POT 15 GAL. OR 14 TREE POT 4 15 GAL. OR 21 TREEPOT 4 15 GAL. OR 12 TREEPOT 4 SHRUBS & ACCENTS ITEM SIZE QTY. ARTEMISIA DOUGLASIANA 1 GAL. 55 MUGWORT 6' O.C. BACCHARIS PILULARIS 1 GAL. 55 COYOTE BRUSH 6' O.C. SAMBUCUS NIGRA CAERULEA TREEPOT 44 BLUE ELDERBERRY ROSA CALIFORNICA 1 GAL. 85 CALIFORNIA ROSE 6' O.C. RUBUS URSINUS 1 GAL. 35 CALIFORNIA BLACKBERRY 10' O.C. FRANKENIA SALINA 1 GAL. 35 ALKALI HEATH 3' O.C. LAYIA PLATYGLOSSA 1 GAL. 35 COASTAL TIDYTIPS 3' O.C. DOWNINGIA PULCHELLA 1 GAL. VALLEY CALICOFLOWER 3' O.C. 35 PLANT EACH SHRUB SPECIES IN GROUPS OF 5 TO 7 PLANTS AT SPACING INDICATED EXCEPT FOR BLUE ELDERBERRY. PLANT BLUE ELDERBERRY AS INDIVIDUAL. NATIVE SEED MIX - LOW FLOW CHANNEL (FOR AREAS ON BOTTOM OF SWALE TO 4' ABOVE TOE OF SLOPE, & WETLANDS) BOTANICAL NAME COMMON NAME PLS LBS/ACRE MIN. GERM. HORDEUM BRACHYANTHERUM DISTICHLIS SPICATA NASSELLA LEPIDA DESCHAMPSIA CESPITOSA MEADOW BARLEY SALT GRASS FOOTHILL NEEDLEGRASS TUFTED HAIRGRASS 10.0 9.0 3.0 3.0 40 45 45 40 TOTAL: 15 LBS. PER ACRE (PLS) TOTAL AREA: 37,273 SF / .85 ACRES TOTAL QUANTITY: 12.8 LBS. NATIVE SEED MIX - RIPARIAN (FOR RIPARIAN AREAS DOWN TO 4' ABOVE TOE OF SLOPE) BOTANICAL NAME COMMON NAME PLS LBS/ACRE MIN. GERM. NASSELLA PULCHRA DISTICHLIS SPICATA NASSELLA CERNUA MELICA CALIFORNICA VULPIA MICROSTACHYS POA SECUNDA PURPLE NEEDLEGRASS SALT GRASS NODDING NEEDLEGRASS CALIFORNIA MELIC THREE WEEKS FESCUE NATIVE PINE BLUEGRASS 10.0 9.0 6.0 6.0 6.0 3.0 60 60 60 50 60 80 TOTAL TOTAL AREA: 146,123 SF / 3.4 ACRES 40 LBS. PER ACRE (PLS) TOTAL QUANTITY: 136 LBS. REVISIONS z J w 0) (J, Cary/no Shaping the Future RENO 5496 RENO CORPORATE DRIVE RENO, NV 89511 TEL: (775) 828-4362 FAX (775) 851-8046 WWW.CARDNO.COM CONCEPT PLAN CHABOT CANAL PROPOSED PLANTING PLAN DUBLIN CROSSING DUBLIN, CA DATE: 04/2017 DRAWN BY: BS CHECKED BY: BS SCALE: AS SHOWN CARDNO JOB NO. E315001900 SHEET NO. 0 40 80 LI.1 w 1- PROPOSED OUTER LIMIT OF LOW FLOW CHANNEL COMMUNITY PLANTING AREAS /7 V V 7777C, /7 V V V V 7 V V V V '7 V V V V 7777 '7 V V V V V V V ` CHANNEL BUFFER V V V V 7 V V V V V V V V V V 'V 7777 7777' V V VV V ♦ w V V V V '7777 V S V 7- ✓ V V V V \' V _�� ✓ V V V V J V V V V' / V V V V 7 ✓ V V V V' � V V V V V V V V V V V V V V# V V V V V V V V V - V V �' V V V V' 7 V V V 7' 7 777' V V V V V V V V; V V V V V V V V V 7- V VVV V 7 V V VV V 7 V V V V V V V V V 777 ' V 'V V V 7777 7777 V V V V ' ✓ V V V 7777 V V V 7 ' 777 V V 7 4, ✓ V V V '7777 V V V V ✓ 7777 V V V V V 7 IVVVVVV V V V V V V ' V V V V ✓ V V V V V V V V V' VV V VVV V V V V V \7 J V V V V V 7 V V V V V/ V V V V V' 7777 7 V V V V'/ GENERAL NOTES: 1. LANDSCAPE PLANTING SHALL CONFORM TO THE STANDARDS ESTABLISHED UNDER CITY OF DUBLIN, CA PLANNING DEPT. 2. ALL NEW SHRUBS AND TREES SHALL HAVE 3" DEPTH OF BARK MULCH AT BASE AT A 2' DIAMETER ON CENTER. 3. TREE AND SHRUB AREAS SHALL HAVE A COMPREHENSIVE 3-YEAR IRRIGATION SCHEDULE TO INSURE PLANT HEALTH AND SURVIVAL. 4. ALL PLANT MATERIAL DELIVERED TO THIS SITE SHALL MEET THE AMERICAN NURSERYMAN'S ASSOCIATION STANDARDS. LANDSCAPE PLANT MATERIAL LIST FOR COMMUNITY PLANTING AREA TREES ITEM SIZE POPULUS FREMONTII WESTERN COTTONWOOD AESCULUS CALIFORNICA CALIFORNIA BUCKEYE CERCIS OCCIDENTALIS WESTERN REDBUD PLATANUS RACEMOSA CALIFORNIA SYCAMORE QUERCUS AGRIFOLIA COAST LIVE OAK QUERCUS LOBATA VALLEY OAK TREE POT TREE POT TREE POT TREE POT 4 TREE POT 4 TREE POT 4 SHRUBS & ACCENTS ITEM SIZE ARTEMISIA DOUGLASIANA MUGWORT BACCHARIS PILULARIS COYOTE BRUSH SAMBUCUS NIGRA CAERULEA BLUE ELDERBERRY ROSA CALIFORNICA CALIFORNIA ROSE RUBUS URSINUS CALIFORNIA BLACKBERRY 1 GAL. 6' O.C. 1 GAL. 6' O.C. TREEPOT 1 GAL. 6' O.C. 1 GAL. 10' O.C. PLANT EACH SHRUB SPECIES IN GROUPS OF 5 TO 7 PLANTS AT SPACING INDICATED EXCEPT FOR BLUE ELDERBERRY. PLANT BLUE ELDERBERRY AS INDIVIDUAL. NATIVE SEED MIX - LOW FLOW CHANNEL (FOR AREAS ON BOTTOM OF SWALE TO 4' ABOVE TOE OF SLOPE, & WETLANDS) BOTANICAL NAME COMMON NAME PLS LBS/ACRE MIN. GERM. % ELYMUS TRACHYCAULUS HORDEUM BRACHYANTHERUM LEYMUS TRITICOIDES'YOLO' NASSELLA LEPIDA DESCHAMPSIA CESPITOSA SLENDER WHEATGRASS MEADOW BARLEY CREEPING WILDRYE FOOTHILL NEEDLEGRASS TUFTED HAIRGRASS 12.0 10.0 9.0 3.0 3.0 45 40 45 45 40 TOTAL: TOTAL AREA: 8,143 SF / .19 ACRES 34 LBS. PER ACRE (PLS) TOTAL QUANTITY: 6.5 LBS. REVISIONS O z J w 07 GCardno Shaping the Future RENO 5496 RENO CORPORATE DRIVE RENO, NV 89511 TEL: (775) 828-4362 FAX: (775) 851-8046 WWW.CARDNO.COM CONCEPT PLAN CHABOT CANAL PROPOSED PLANTING PLAN DUBLIN CROSSING DUBLIN, CA DATE: 04/2017 DRAWN BY: BS CHECKED BY: BS SCALE: AS SHOWN CARDNO JOB NO. E315001900 SHEET NO. 0 40 80 L1.2 w 1- 100 YEAR FLOOD ELEVATION PROPOSED OUTER LIMIT OF CHANNEL BUFFER PEDESTRIAN BRIDGE EXISTING BOTTOM OF CANAL ID 0 2 r_ Z m ten cn m m m H r IN 1 1 1 LANDSCAPE PLANT MATERIAL SCHEDULE - CANAL 2 SYMBOL TREES ITEM SIZE QTY. AESCULUS CALIFORNICA CALIFORNIA BUCKEYE CERCIS OCCIDENTALIS WESTERN REDBUD PLATANUS RACEMOSA CALIFORNIA SYCAMORE QUERCUS AGRIFOLIA COAST LIVE OAK 15 GAL. 15 GAL. D POT D POT 22 24 6 16 SHRUBS & ACCENTS ITEM SIZE QTY. ARTEMISIA DOUGLASIANA 1 GAL. 43 MUGWORT 6' O.C. BACCHARIS PILULARIS 1 GAL. 43 COYOTE BRUSH 6' O.C. SAMBUCUS NIGRA CAERULEA TREEPOT 43 BLUE ELDERBERRY ROSA CALIFORNICA 1 GAL. 43 CALIFORNIA ROSE 6' O.C. RUBUS URSINUS 1 GAL. CALIFORNIA BLACKBERRY 10' O.C. 43 PLANT EACH SHRUB SPECIES IN GROUPS OF 5 TO 7 PLANTS AT SPACING INDICATED EXCEPT FOR BLUE ELDERBERRY. PLANT BLUE ELDERBERRY AS INDIVIDUAL. NATIVE SEED MIX - LOW FLOW CHANNEL (FOR AREAS ON BOTTOM OF SWALE TO 4' ABOVE TOE OF SLOPE, & WETLANDS) BOTANICAL NAME COMMON NAME PLS LBS/ACRE MIN. GERM. % ELYMUS TRACHYCAULUS HORDEUM BRACHYANTHERUM LEYMUS TRITICOIDES 'YOLO' NASSELLA LEPIDA DESCHAMPSIA CESPITOSA SLENDER WHEATGRASS MEADOW BARLEY CREEPING WILDRYE FOOTHILL NEEDLEGRASS TUFTED HAIRGRASS 12.0 10.0 9.0 3.0 3.0 45 40 45 45 40 TOTAL: 34 LBS. PER ACRE (PLS) TOTAL AREA: 27,594 SF / .63 ACRES TOTAL QUANTITY: 22 LBS. NATIVE SEED MIX - RIPARIAN (FOR RIPARIAN AREAS DOWN TO 4' ABOVE TOE OF SLOPE) BOTANICAL NAME COMMON NAME PLS LBS/ACRE MIN. GERM. NASSELLA PULCHRA ELYMUS GLAUCUS NASSELLA CERNUA MELICA CALIFORNICA VULPIA MICROSTACHYS POA SECUNDA PURPLE NEEDLEGRASS BLUE WILDRYE NODDING NEEDLEGRASS CALIFORNIA MELIC THREE WEEKS FESCUE NATIVE PINE BLUEGRASS 10.0 8.0 6.0 6.0 6.0 3.0 60 60 60 50 60 80 TOTAL 39 LBS. PER ACRE (PLS) TOTAL AREA: 43,335 SF / 1.00 ACRES TOTAL QUANTITY: 39 LBS. REVISIONS 0 z J w 0) (J, Cary/no Shaping the Future RENO 5496 RENO CORPORATE DRIVE RENO, NV 89511 TEL: (775) 828-4362 FAX (775) 851-8046 WWW.CARDNO.COM CONCEPT PLAN CANAL 2 PROPOSED PLANTING PLAN DUBLIN CROSSING DUBLIN, CA DATE: 04/2017 DRAWN BY: BS CHECKED BY: BS SCALE: AS SHOWN CARDNO JOB NO. E315001900 SHEET NO. 0 40 80 L2.0 HORIZON PARKWAY RESTORATION 100 YEAR FLOOD ELEVATION PROPOSED OUTER LIMIT OF CHANNEL BUFFER EXISTING BOTTOM OF CANAL EXISTING TOP OF BANK CENTRAL PARKWAY 249' RESTORATION AREA 154' CULVERT LENGTH 40' RESTORATION AREA CENTRAL PARKWAY RESTORATION HORIZON PARKWAY 100 YEAR FLOOD ELEVATION EXISTING TOP OF BANK EXISTING BOTTOM OF CANAL PROPOSED OUTER LIMIT OF CHANNEL BUFFER 93' RESTORATION AREA ARNOLD 127' CULVERT LENGTH 126' RESTORATION AREA v CENTRAL PARKWAY RESTORATION V HORIZON PARKWAY RESTORATION LANDSCAPE PLANT MATERIAL SCHEDULE - CANAL 2 (ARNOLD ROAD) SYMBOL TREES ITEM SIZE QTY. CERCIS OCCIDENTALIS WESTERN REDBUD 5 GAL. OR 16 TREE POT QUERCUS AGRIFOLIA D POT 20 COAST LIVE OAK SHRUBS & ACCENTS ITEM SIZE QTY. ARTEMISIA DOUGLASIANA 1 GAL. 29 MUGWORT 6' O.C. BACCHARIS PILULARIS 1 GAL. 29 COYOTE BRUSH 6' O.C. SAMBUCUS NIGRA CAERULEA TREEPOT 28 BLUE ELDERBERRY ROSA CALIFORNICA CALIFORNIA ROSE 1 GAL. 6' O.C. RUBUS URSINUS 1 GAL. CALIFORNIA BLACKBERRY 10' O.C. 29 29 PLANT EACH SHRUB SPECIES IN GROUPS OF 5 TO 7 PLANTS AT SPACING INDICATED EXCEPT FOR BLUE ELDERBERRY. PLANT BLUE ELDERBERRY AS INDIVIDUAL. NATIVE SEED MIX - LOW FLOW CHANNEL (FOR AREAS ON BOTTOM OF SWALE TO 4' ABOVE TOE OF SLOPE) BOTANICAL NAME COMMON NAME PLS LBS/ACRE MIN. GERM. ELYMUS TRACHYCAULUS HORDEUM BRACHYANTHERUM LEYMUS TRITICOIDES 'YOLO' NASSELLA LEPIDA DESCHAMPSIA CESPITOSA SLENDER WHEATGRASS MEADOW BARLEY CREEPING WILDRYE FOOTHILL NEEDLEGRASS TUFTED HAIRGRASS 12.0 10.0 9.0 3.0 3.0 45 40 45 45 40 TOTAL: 34 LBS. PER ACRE (PLS) TOTAL AREA: 12,155 SF / .28 ACRES TOTAL QUANTITY: 10 LBS. NATIVE SEED MIX - RIPARIAN (FOR RIPARIAN AREAS DOWN TO 4' ABOVE TOE OF SLOPE) BOTANICAL NAME COMMON NAME PLS LBS/ACRE MIN. GERM. % NASSELLA PULCHRA ELYMUS GLAUCUS NASSELLA CERNUA MELICA CALIFORNICA VULPIA MICROSTACHYS POA SECUNDA PURPLE NEEDLEGRASS BLUE WILDRYE NODDING NEEDLEGRASS CALIFORNIA MELIC THREE WEEKS FESCUE NATIVE PINE BLUEGRASS 10.0 8.0 6.0 6.0 6.0 3.0 60 60 60 50 60 80 TOTAL 39 LBS. PER ACRE (PLS) TOTAL AREA: 18,636 SF / .43 ACRES TOTAL QUANTITY: 17 LBS. w 0 REVISIONS 0 z J w 0) (J, Cary/no Shaping the Future RENO 5496 RENO CORPORATE DRIVE RENO, NV 89511 TEL: (775) 828-4362 FAX (775) 851-8046 WWW.CARDNO.COM CONCEPT PLAN CANAL 2 PROPOSED PLANTING PLAN DUBLIN CROSSING DUBLIN, CA DATE: 04/2017 DRAWN BY: BS CHECKED BY: BS SCALE: AS SHOWN CARDNO JOB NO. E315001900 SHEET NO. 0 40 80 L2.1 Appendix D Typical Cross -Sections of the Restored/Enhanced Canals IL awaraa- 04-04-2017 9:52am Carrie Wallace I� II P:\19814\PLN\EXH-P\PERMIT EXHIBITS\EXH-CANAL 1 & 2 APPENDIX-D.DWG 0.16± ACRE SEASONAL WETLAND CITY MAINTAINED CULVERT _ - LEGEND: I II IIUL.I° 620 HO 1111111I 2 E., A ARMY MAINTAINED CULVERT CITY MAINTAINED CULVERT (WITH EASEMENTS AS NEEDED) CITY MAINTAINED BRIDGE _Pa- •cam; rEP J 0.19± ACRE SEASONAL WETLAND III PRESERVE AREA WITH DEED RESTRICTION (CANAL 1 = 1960± LF & 0.35± ACRE SEASONAL WETLANDS, CANAL 2 = 1354± LF & 0.37± ACRE SEASONAL WETLANDS) DUBLIN CROSSING PROJECT BOUNDARY 00 0\ o0 00 AA AA AA iIII ;, = Ilk'"l I1III1_ . CITY MAINTAINED CULVERT III I I \ 1I1� CITY MAINTAINED CULVERT 1111111111 0 75 150 300 1' = 150' oo aQ�••• 93± LF 126± LF 249± LF 6.5 NO WY __ t 846± LF 0.37± ACRE SEASONAL WETLANDS 4$i 0 0 m F's SHEET 1 OF 2 DUBLIN CROSSING APPENDIX D EXHIBIT CITY OF DUBLIN mAcKAY & soms ENGINEERS PLANNERS SURVEYORS 5142E FRANKLIN DR, PLEASANTON, CA 94588 (925)225-0690 CALIFORNIA MACKAY & SOMPS IS NOT RESPONSIBLE FOR THE ACCURACY OR COMPLETENESS OF REPRODUCTIONS OF THIS DOCUMENT THAT ARE GENERATED BY OTHERS FROM ELECTRONIC MEDIA PLEASANTON OFFICE SCALE 04-04-2017 DATE 19814.000 JOB NO. ZONE 7 OWNERSHIP/DEED RESTRICTION 12' MULTI -USE TRAIL/ MAINT. ROAD 37'± RIPARIAN AREA 53' ± EX.CHANNEL VARIES 3'± 26'± RIPARIAN AREA 5'-9'± 12' *ZONE 7 CHANNEL ACCESS ` FROM ARNOLD ROAD AND 12' TRAIL/MAINT. ROAD SECTION A -A ARNOLD ROAD y////// ///// I ZONE 7 OWNERSHIP/DEED RESTRICTION 12' MULTI -USE TRAIL/ MAINT. ROAD RT. TURN LAN E 42'± 35'± RIPARIAN AREA EX.CHANNEL 17'± RIPARIAN AREA ORDINARY HIGH WATER LINE ORDINARY HIGH WATER LINE ZONE 7 OWNERSHIP/DEED RESTRICTION 56'± PROPOSED (REGRADED) CANAL 2 RIPARIAN AREA VARIES 32'-36' 3'± RIPARIAN AREA VARIES 49'-59' TRAIL/MAINT. ROAD — WETLAND BENCH SECTION D-D CITY PARK ORDINARY HIGH WATER LINE ZONE 7 OWNED/DEED RESTRICTION U 00 H w CITY PARK IMPROVEMENTS 12' RIPARIAN AREA VARIES 35'-89' 46'± PROPOSED (REGRADED) CHABOT CREEK 20' ± RIPARIAN AREA VARIES 39'-53' TRAIL/MAINT. ROAD *ZONE 7 CHANNEL ACCESS (BOTH SIDES) V SECTION F-F IMPROVEMENTS 12' TRAIL/MAINT. ROAD SECTION B-B ORDINARY HIGH WATER LINE *ZONE 7 CHANNEL ACCESS (BOTH SIDES) U co H Lu (1) CITY PARK 0 0 J CC w 3' RET. WALL AT EDGE OF RT. TURN LANE ROAD WIDENING ±8' *ZONE 7 CHANNEL ACCESS FROM ARNOLD ROAD AND 12' TRAIL/MAINT. ROAD ZONE 7 OWNERSHIP/DEED RESTRICTION 12' MULTI -USE TRAIL/ MAINT. ROAD 6' S/W 39'± ZONE 7 OWNED/DEED RESTRICTION *ZONE 7 CHANNEL ACCESS FROM ARNOLD ROAD AND 12' TRAIL/MAINT. ROAD 31'± RIPARIAN AREA EX. CHANNEL 3'± 18'± RIPARIAN AREA ARNOLD ROAD x Lu MINOR WIDENING ±4' RAILING/FENCE ±3' RET. WALL AT EDGE OF SIDEWALK ORDINARY HIGH SECTION C - C WATER LINE CITY PARK IMPROVEMENTS 12' TRAIL/MAINT. ROAD RIPARIAN AREA VARIES 35' *ZONE 7 CHANNEL ACCESS (BOTH SIDES) 40'± PROPOSED (REGRADED) CHABOT CREEK -89' 20'± RIP SECTION E-E RIAN AREA VARIES 39'-53' ORDINARY HIGH WATER LINE IMPROVEMENTS 12' TRAIL/MAINT. ROAD *ZONE 7 CHANNEL ACCESS (BOTH SIDES) SHEET 2 OF 2 DUBLIN CROSSING APPENDIX D SECTIONS CITY OF DUBLIN CALIFORNIA mAcKAY & soms 0 5 10 20 ENGINEERS PLANNERS SURVEYORS 5142B FRANKLIN DR, PLEASANTON, CA 94588 (925)225-0690 SCALE: 1 "= 1 0' MACKAY & SOMPS IS NOT RESPONSIBLE FOR THE ACCURACY OR COMPLETENESS OF REPRODUCTIONS OF THIS DOCUMENT THAT ARE GENERATED BY OTHERS FROM ELECTRONIC MEDIA PLEASANTON 1" = 10' 12-07-2016 19814.000 OFFICE SCALE DATE JOB NO. 12-07-2016 5:10pm Carrie Wallace P:\19814\PLN\EXH—P\PERMIT EXHIBITS\EXH—CANAL 1 & 2 APPENDIX—D.DWG ATTACHMENT D Water Quality Certification for the Dublin Crossing Development Project in the City of Dublin Alameda County Proposed Requirements for Stormwater Management in the CC&R's for the Dublin Crossing (aka Boulevard) Home Owners Association (HOA) RECORDED AT THE REQUEST OF: First American Title WHEN RECORDED RETURN TO: Dublin Crossing, LLC, c/o ** MASTER DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS OF BOULEVARD A Common Interest Development LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, #100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF BOULEVARD A Common Interest Development THIS MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF BOULEVARD ("Master Declaration") is made by DUBLIN CROSSING, LLC, a Delaware limited liability company ("Declarant"). ARTICLE I APPLICABILITY AND DISCLOSURES 1.1 PROPERTY: Declarant is the owner of the real property located in the City of Dublin, County of Alameda, State of California, described as follows: Lots 12, 13 and 14 and Parcel G, as shown on the final map of Tract 8306 filed for record on **, in Book ** of Maps at Pages ** through **, inclusive, in the Official Records of the County of Alameda, State of California. 1.2 COMMON INTEREST DEVELOPMENT: The Subject Property and the Annexable Property are being developed as a Common Interest Development which shall be a planned development as defined in California Civil Code Section 4175. In addition, Declarant intends that portions of the Project will be developed as a condominium project as defined in California Civil Code Section 4125. The Project is intended to be created in conformity with the provisions of the Davis -Stirling Common Interest Development Act (California Civil Code, Section 4000 et seq.). To establish the Project, Declarant desires to impose on the Subject Property, and any property annexed thereto, these mutually beneficial restrictions, easements, assessments and liens under a comprehensive general plan of improvement and development for the benefit of all of the Owners, the Lots, Condominiums and Common Area within the Subject Property and any property annexed thereto. The Project shall be established as a Common Interest Development upon the first conveyance of title to a Lot or Condominium subject to this Master Declaration. 1.3 APPLICABILITY OF RESTRICTIONS: Pursuant to California Civil Code Sections 4250 and 5975, Declarant hereby declares that the Project and all Improvements thereon are subject to the provisions of this Master Declaration. The Project shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved subject to the limitations, easements, uses, obligations, covenants, conditions and restrictions stated in this Master Declaration all of which are declared to be in furtherance of the plan for the subdivision, development, governance and management of the Project as a Common Interest Development. All of the limitations, easements, uses, obligations, covenants, conditions and restrictions stated in this Master Declaration shall run with the Project and shall inure to the benefit of and be binding on all Owners and all other parties having or acquiring any right, title or interest in any part of the Project. 1.4 PHASES: The Subject Property and the Annexable Property are intended to be developed in two (2) or more Phases. The first Phase consists of the Subject Property. Prior to recording a Declaration of Annexation, no portion of the Annexable Property is subject to any provision of this Master Declaration. Declarant may, but has no obligation to, annex all or any portion of the Annexable Property to the Project by recording a Declaration of Annexation in compliance with the provisions of this Master Declaration. After 1 03/31/17 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, #100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 recordation of a Declaration of Annexation and either the conveyance of title to a Lot or Condominium described in the Declaration of Annexation or the commencement of assessments for Lots or Condominiums described in the Declaration of Annexation, whichever first occurs, the property described in the Declaration of Annexation will constitute a part of the Project and be subject to this Master Declaration. 1.5 SUBSEQUENT DEVELOPMENT: Portions of the Annexable Property may be approved by the City for different types of residential or commercial development. It is anticipated that a Declarant, one or more Master Builders or one or more Merchant Builders (with the consent of Declarant or a Master Builder) may create one or more associations or record one or more Condominium Declarations to govern different types of residential developments. In addition, a Declarant, one or more Master Builders or one or more Merchant Builders may record one or more Supplemental Declarations. The provisions of this Master Declaration shall continue to apply to all of the Property even after the recordation of any Condominium Declaration or Supplemental Declaration. 1.6 BOUNDARY MODIFICATIONS: If the boundaries of real property change as a result of one or more subsequently recorded final maps, amended final maps, parcel maps, amended parcel maps, certificates of correction, lot line adjustments and/or records of survey, then, for all purposes of this Master Declaration: 1.6.1 Added to Common Area: Property which is removed from a Lot, Unit or a Common Area parcel and added to a Common Area parcel shall thereafter be part of that Common Area parcel; 1.6.2 Added to Lot: Property which is removed from a Lot, Unit or a Common Area parcel and added to a Lot shall thereafter be part of that Lot; 1.6.3 Added to Annexable Property: Property which is added to Annexable Property shall thereafter be part of the Annexable Property; 1.6.4 Removed From Master Declaration: Property which is removed from a Lot, Unit or Common Area parcel and added to real property which is not subject to this Master Declaration shall no longer constitute a part of such Lot, Unit or Common Area and shall no longer be subject to this Master Declaration; and 1.6.5 Added to Master Declaration: Property not subject to this Master Declaration which is added to a Lot or Common Area parcel shall be part of the Lot or Common Area parcel to which it is added and shall automatically be subject to all provisions of this Master Declaration. 1.7 DISCLOSURES: The following disclosures were correct as of the date of recordation of this Declaration: 1.7.1 Public Street Parking: Parking on public streets physically located within the boundaries of the Project may be time limited or metered. 1.7.2 Recycled Water Disclosure: Recycled (non -potable) water will be provided to the Community by the Dublin San Ramon Services District ("Water District"). Recycled (non -potable) water may be used to irrigate the public park areas, parkway landscaping and other landscaped areas within the Community. In some cases, such as front yard residential landscaping for single family detached homes, the Water District may require the use of recycled water in this area. For information regarding water conservation, water quality, recycled water, and installing drought tolerant landscaping, Owners and prospective Owners may contact the Water District at 7051 Dublin Boulevard, Dublin, CA 94568, (925) 2 03/31/17 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, #100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 828-0515. As of the date of recordation of this Declaration, the Water District has not required the installation of irrigation lines for recycled water on the single family detached Lots but this could change at any time. 1.7.3 Sterling Street: As development of the Project continues, the Sterling Street median will be closed off at El Dorado Lane. Once the median has been closed, left turn movements to/from El Dorado Lane and Sterling Street will be prohibited. ARTICLE H DEFINITIONS The capitalized terms used in this Master Declaration which are defined in this Article shall have the meanings specified in this Article unless otherwise expressly stated or the context clearly requires a different meaning. 2.1 ADDITIONAL CHARGES: "Additional Charges" shall mean costs, fees, charges and expenditures, including without limitation, attorneys' fees, late charges, interest and recording and filing fees actually incurred by the Master Association in collecting and/or enforcing payment of assessments, fines and/or penalties. 2.2 AGREEMENT FOR LONG TERM ENCROACHMENT: "Agreement for Long Term Encroachment" shall mean the document entitled "* *" dated ** entered into between Declarant and the City and includes all subsequently adopted amendments thereto. In the event that more than one such document is entered into between Declarant and the City relating to the Project, then all such documents shall be included by any reference in this Declaration to the Agreement for Long Term Encroachment. 2.3 ALTERATION: "Alteration" shall mean constructing, performing, installing, remodeling, repairing, replacing, demolishing and/or changing any Improvement or changing the color, tone, intensity, shade or hue of any Improvement. 2.4 ANNEXABLE PROPERTY: "Annexable Property" shall mean (a) all of the real property shown on the Map, excluding the Subject Property, and (b) all of the real property described on Exhibit "A". 2.5 ARCHITECTURAL STANDARDS: "Architectural Standards" shall mean the portion of the Operating Rules which specifically address architectural and aesthetic matters. There may be multiple sets of Architectural Standards, each of which applies to different Lots or Condominiums. 2.6 ARTICLES: "Articles" shall mean the Articles of Incorporation of Boulevard Master Owners Association, which are or shall be filed in the Office of the Secretary of State of the State of California. 2.7 BIO-RETENTION FACILITIES: "Bio-Retention Facilities" shall mean the soil and landscaped based filtration systems and silva cells, irrespective of where a Bio-Retention Facility is located. "Bio Retention Facilities" shall also mean any facilities which are designated as such in a Declaration of Annexation. 2.8 BOARD: "Board" shall mean the Board of Directors of the Master Association. 2.9 BUDGET: "Budget" shall mean a pro forma operating budget prepared by the Board in accordance with Section 6.7 (Budget Preparation). 3 03/31/17 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, #100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 2.10 BYLAWS: "Bylaws" shall mean the Bylaws of the Master Association and any amendments thereto. 2.11 CITY: "City" shall mean the City of Dublin, California. 2.12 COMMERCIAL LOT: "Commercial Lot" shall mean each portion of Commercial Property described as a Commercial Lot in a Declaration of Annexation. A Commercial Lot may be a Unit as shown on a Condominium Plan. Commercial Lots are not Lots as defined in Section 2.34 (Lot), except for purposes of voting (as provided in Article IV of the Bylaws [Membership and Voting]) and the levying and paying of assessments (as provided in Article VI [Funds and Assessments]). 2.13 COMMERCIAL PROPERTY: "Commercial Property" shall mean any property described as "Commercial Property" in a Declaration of Annexation which is developed for commercial, retail or office purposes. 2.14 COMMON AREA: "Common Area" shall mean Parcel G, as shown on the Map, and Condominium Common Area. "Common Area" shall also mean any property described as Common Area or Condominium Common Area in a Declaration of Annexation and any real property estate or interest owned by the Master Association. Common Area includes all Improvements situated thereon or therein. All Common Area shall be divided into Project Common Area and Condominium Common Area; however, any reference in the Project Documents to Common Area shall include Project Common Area and Condominium Common Area unless otherwise specified. 2.15 CONDOMINIUM: "Condominium" shall mean an estate in real property consisting of an undivided interest in common in a portion of a Condominium Lot, a fee interest in a Unit and easements in portions of the Project as provided in a Condominium Declaration. 2.16 CONDOMINIUM ASSOCIATION: "Condominium Association" shall mean an association as that term is defined in California Civil Code Section 4080 created (subsequent, and subject to, the recording of this Master Declaration) to govern the maintenance and ownership of Condominiums and Condominium Buildings. 2.17 CONDOMINIUM BUILDING: "Condominium Building" shall mean a residential building situated within a Condominium Lot, including the foundation, roof, gutters, downspouts and exterior of the residential building and all Improvements thereof excluding those Improvements which this Master Declaration or a Condominium Declaration requires an Owner to Maintain. 2.18 CONDOMINIUM COMMON AREA: "Condominium Common Area" shall mean a Condominium Lot and all Improvements thereon, excluding any Condominium Building within that Condominium Lot and excluding all Improvements thereon which are part of a Unit, irrespective of who owns the Condominium Common Area. 2.19 CONDOMINIUM DECLARATION: "Condominium Declaration" shall mean a Declaration, as defined in California Civil Code Section 4135, created (subsequent, and subject to, the recording of this Master Declaration) to govern the maintenance and ownership of Condominiums and Condominium Buildings. No Condominium Declaration may be recorded without the written consent of Declarant or a Master Builder. 4 03/31/17 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, #100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 2.20 CONDOMINIUM LOT: "Condominium Lot" shall mean Lots 12,13 and 14, as shown on the Map. "Condominium Lot" shall also mean any parcel of property described as a Condominium Lot in a Declaration of Annexation. Condominium Lots are not Lots as defined in Section 2.34 (Lot). 2.21 CONDOMINIUM PLAN: "Condominium Plan" shall mean the condominium plan prepared in accordance with California Civil Code Section 4285 and recorded on ** as ** in the Official Records of the County, including any subsequently recorded amendments thereto. "Condominium Plan" shall also mean a condominium plan prepared in accordance with California Civil Code Section 4285 and described in a Declaration of Annexation, including any subsequently recorded amendments thereto. 2.22 COST CENTER: "Cost Center" shall mean a group of Lots or Condominiums designated in this Master Declaration or in one or more Declarations of Annexation as a Cost Center for the purposes of allocating assessments to operate and Maintain Improvements or provide services which are intended for the benefit of a specific group of Lots, Condominiums or Commercial Lots. Each Cost Center shall have an identifying name that distinguishes it from all other Cost Centers. Any Declaration of Annexation which designates a Cost Center shall set forth those operating costs to be incurred by the Master Association and reserve contributions to be paid to the Master Association which are to be allocated to that Cost Center as Cost Center Expenses. A Declaration of Annexation may also add additional Lots, Condominiums or Commercial Lots to one or more Cost Centers established by this Declaration or a previously recorded Declaration of Annexation. 2.23 COST CENTER EXECUTIVE COMMITTEE: "Cost Center Executive Committee" shall mean an executive committee established in a Declaration of Annexation and appointed pursuant to Section 3.6 of the Bylaws (Cost Center Executive Committees). 2.24 COST CENTER EXPENSES: "Cost Center Expenses" shall mean the operating costs incurred by the Master Association and reserve contributions paid to the Master Association to (a) operate and Maintain Common Area or specific Improvements on Common Area, Condominium Lots or Lots for the primary benefit of the Condominiums, Lots, Commercial Lots or Common Area in a Cost Center, including insurance or other incidental non -segregated expenses, incurred by the Master Association and/or (b) perform additional services or a higher level of services as provided in a Declaration of Annexation or as requested by the Owners of a majority of Lots, Condominiums or Commercial Lots within the Cost Center. 2.25 COST CENTER IMPROVEMENTS: "Cost Center Improvements" shall mean the Improvements whose costs of operation and maintenance (including any reserves) are to be funded solely through a Cost Center. 2.26 COUNTY: "County" shall mean the County of Alameda, State of California. 2.27 DECLARANT: "Declarant" shall mean Dublin Crossing, LLC, a Delaware limited liability company. "Declarant" shall also mean any person or entity if (i) a notice signed by Declarant and such person or entity has been recorded in the County in which the Declarant transfers to such person or entity and that person or entity assumes the rights and duties of Declarant to some portion of the Subject Property or the Annexable Property, or (ii) such person or entity acquires all of the Subject Property and all of the Annexable Property then owned by a Declarant which must be more than one (1) Lot, Condominium, Condominium Lot or Commercial Lot. There may be more than one Declarant at any given time and each Declarant shall have the right to exercise the rights of Declarant applicable to the portions of the Project or Annexable Property owned by that Declarant; provided, however, the rights of a Declarant designated in a notice, as provided in (i) above, shall be subject to any provisions or limitations or allocations of rights and duties set forth in that 5 03/31/17 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, #100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 notice; any such notice may provide that certain of the rights of Declarant are not transferred but are reserved by the transferor. 2.28 DECLARATION OF ANNEXATION: "Declaration of Annexation" shall mean any instrument recorded in the County which extends the provisions of this Declaration to all or a portion of the Annexable Property or any other property and includes any subsequently recorded amendments. 2.29 ELECTRIC VEHICLE CHARGING STATION: "Electric Vehicle Charging Station" shall mean a charging station for electric motor vehicles, as further defined in California Civil Code Section 4745(d). 2.30 FIRST MORTGAGE: "First Mortgage" shall mean a Mortgage which has priority under the recording statutes of the State of California over all other Mortgages encumbering a specific Lot or Condominium. 2.31 FIRST MORTGAGEE: "First Mortgagee" shall mean the Mortgagee of a First Mortgage. "First Mortgagee" shall also include an insurer or governmental guarantor of a First Mortgage including, without limitation, the Federal Housing Authority and the Department of Veterans Affairs. 2.32 IMPROVEMENTS: "Improvements" shall mean everything constructed, installed or planted on real property, including without limitation, buildings, streets, fences, walls, paving, pipes, wires, grading, landscaping and other works of improvement as defined in California Civil Code Section 8050, excluding only those Improvements or portions thereof which are dedicated to the public or a public or quasi -public entity or utility company, and accepted for maintenance by the public, such entity or utility company. 2.33 INVITEE: "Invitee" shall mean any person whose presence within the Project is approved by or is at the request of the Master Association or a particular Owner, including, but not limited to, lessees, tenants, and the family, guests, employees, licensees or invitees of Owners, tenants or lessees. 2.34 LOT: "Lot" refers to a Separate Interest as defined in California Civil Code Section 4185 and shall mean any Lot described as such in a Declaration of Annexation. Lot includes all Improvements situated thereon or therein. Lots may be grouped into Cost Centers for the purposes of allocating assessments for services which differ among Lots. Condominium Lots and Commercial Lots are not Lots. 2.35 MAINTAIN: "Maintain" or "Maintained" (but not the word "maintenance") shall mean taking all actions reasonably necessary to keep an Improvement in first-class condition and repair, which actions include but are not limited to regular inspections, painting, maintenance, refinishing, repairing, replacing and reconstructing the Improvement, and in the case of landscaping, irrigating and fertilizing the landscaping. The Owners and the Master Association shall have no responsibility to Maintain any Improvement Maintained by a third party or the public or a quasi -public entity or utility company even if the third party or the public or a quasi -public entity or utility company fails to perform all actions required by this Section. 2.36 MAINTENANCE MANUAL: "Maintenance Manual" shall mean the Master Association Maintenance Manual and the Owner Maintenance Manual, unless otherwise provided. 2.36.1 Master Association Maintenance Manual: "Master Association Maintenance Manual" shall mean the documents which establish procedures, practices, specifications, scopes and intervals for the Master Association to Maintain the Improvements for which the Master Association is responsible. The Master Association Maintenance Manual applicable to the Common Area in a Phase of the Project shall 6 03/31/17 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, #100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 be provided to the Master Association by the Declarant, Master Builder or Merchant Builder conveying that Common Area to the Master Association no later than the time that the Master Association commences to Maintain the Improvements within the Common Area in that Phase. There may be more than one (1) Master Association Maintenance Manual at any given time, each of which applies to different Improvements and/or different Phases of the Project. 2.36.2 Owner Maintenance Manual: "Owner Maintenance Manual" shall mean the documents which establish procedures, practices, specifications, scopes and intervals for an Owner to Maintain the Improvements for which the Owner is responsible. The Owner Maintenance Manual applicable to each Lot shall be provided to the original purchaser of that Lot no later than the time of conveyance of that Lot to the purchaser. The Owner Maintenance Manual applicable to each Condominium shall be provided to the original purchaser of that Condominium in accordance with any requirements set forth in the Condominium Declaration which governs that Condominium. Different Lots and Condominiums may be subject to different Owner Maintenance Manuals. 2.37 MAINTENANCE RESPONSIBILITY EXHIBIT: "Maintenance Responsibility Exhibit" shall mean the document which depicts areas or Improvements which may be within or outside the Project and which are to Maintained by the Master Association. A Declaration of Annexation may include a modified Maintenance Responsibility Exhibit; provided, however, unless the modified Maintenance Responsibility Exhibit Plat is reviewed and approved by the Board, the modifications shall only apply to the real property described in the Declaration of Annexation and other portions of the Annexable Property which have not then been annexed. The initial Maintenance Responsibility Exhibit is attached as "Exhibit "B" to this Master Declaration. 2.38 MAP: "Map" shall mean the final map of Tract 8306, filed for record on **, in Book ** of Maps at Pages ** through **, inclusive, in the Official Records of the County, including any subsequently recorded final maps, amended final maps, parcel maps, certificates of correction, lot line adjustments and/or records of survey. "Map" shall also mean any recorded final map described in a Declaration of Annexation including any subsequently recorded amended final maps, parcel maps, certificates of correction, lot line adjustments and/or records of survey. 2.39 MASTER ASSOCIATION: "Master Association" shall mean Boulevard Master Owners Association, its successors and assigns, a nonprofit mutual benefit corporation incorporated under the laws of the State of California. 2.40 MASTER ASSOCIATION MAINTENANCE AREA: "Master Association Maintenance Area" shall mean Unenclosed Lot Maintenance Area as well as the Bio-Retention Facilities and the Public Rights of Way Landscaping. "Master Association Maintenance Area" shall also mean any property described as Master Association Maintenance Area in a Declaration of Annexation. 2.41 MASTER BUILDER: "Master Builder" shall mean CalAtlantic Group, Inc., a Delaware corporation, and Brookfield Bay Area Holdings LLC, a Delaware limited liability company. Each entity shall be a Master Builder only with respect to the portions of the Project owned by that entity. "Master Builder" shall also mean an Owner who is designated as a Master Builder by Declarant in a Declaration of Annexation or other writing delivered to the Master Association but only with respect to the portions of the Project owned by that entity. A Master Builder may also be a Declarant, if the provisions of Section 2.27 (Declarant) are satisfied. 2.42 MASTER DECLARATION: "Master Declaration" shall mean this Master Declaration of Covenants, Conditions and Restrictions of Boulevard and includes any subsequently recorded amendments. 7 03/31/17 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, #100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 2.43 MEMBER: "Member" shall mean an Owner. 2.44 MERCHANT BUILDER: "Merchant Builder" shall mean an Owner who is designated as a Merchant Builder by a Declarant or a Master Builder in a Declaration of Annexation or other writing delivered to the Master Association but only with respect to the portions of the Project owned by that entity. 2.45 MORTGAGE: "Mortgage" shall mean any duly recorded mortgage or deed of trust encumbering a Lot or Condominium. 2.46 MORTGAGEE: "Mortgagee" shall mean a Mortgagee under a Mortgage as well as a beneficiary under a deed of trust. 2.47 NOTICE AND HEARING: "Notice and Hearing" shall mean the procedure which gives an Owner notice of an alleged violation of the Project Documents and the opportunity for a hearing before the Board. 2.48 OPERATING RULES: "Operating Rules" shall mean the rules adopted by the Board, including Architectural Standards. 2.49 OWNER: "Owner" shall mean the holder of record fee title to a Lot, Condominium or Commercial Lot, including Declarant as to each Lot, Condominium or Commercial Lot owned by Declarant, Master Builder, as to each Lot, Condominium or Commercial Lot owned by Master Builder and Merchant Builder as to each Lot, Condominium or Commercial Lot owned by Merchant Builder. If more than one person owns a single Lot, Condominium or Commercial Lot, "Owner" shall mean all owners of that Lot, Condominium or Commercial Lot. "Owner" shall also mean a contract purchaser (vendee) under an installment land contract but shall exclude the contract vendor and any person having an interest in a Lot, Condominium or Commercial Lot merely as security for performance of an obligation. 2.50 PARTY FENCE: "Party Fence" shall mean any portion of a fence or wall which is constructed and placed so as to physically separate two (2) adjoining Lots, whether the fence or wall is situated approximately along a common Lot boundary or a Yard Easement boundary. 2.51 PHASE: "Phase" shall mean any Lots, Condominium Lots, Commercial Lots and/or Common Area which are simultaneously made subject to the provisions of this Master Declaration either by recording this Master Declaration or by recording a Declaration of Annexation. More than one Phase may be established in any Declaration of Annexation. 2.52 PROJECT: "Project" shall mean the Subject Property and any property described in a Declaration of Annexation. 2.53 PROJECT COMMON AREA: "Project Common Area" shall mean Parcel G, as shown on the Map, and all Improvements thereon. "Project Common Area" shall also mean that portion of any property described as Project Common Area in a Declaration of Annexation. 2.54 PROJECT DOCUMENTS: "Project Documents" shall mean the Articles, Bylaws, this Master Declaration and the Operating Rules. 2.55 PUBLIC PURCHASER: "Public Purchaser" shall mean an Owner of a Lot, Condominium or Commercial Lot who is not a Declarant, a Master Builder or a Merchant Builder. 8 03/31/17 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, #100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 2.56 PUBLIC REPORT: "Public Report" shall mean a Final Subdivision Public Report issued by the Bureau of Real Estate of the State of California for one or more Phases of the Project. 2.57 PUBLIC RIGHTS OF WAY LANDSCAPING: "Public Rights of Way Landscaping" shall mean the landscaping, pavers, decorative pavement and other Improvements, such as benches, walls and portals, located within those portions of public rights of way in and adjacent to the Project which are designated as "Public Street Parkway - HOA Maintained" on the Maintenance Responsibility Exhibit and subject to the Agreement for Long Term Encroachment. "Public Rights of Way Landscaping" shall also mean any portion of a public right of way in and adjacent to the Project which are designated as such in a Declaration of Annexation. 2.58 RECREATION FACILITIES: "Recreation Facilities" shall mean the community recreation facility to be constructed on a parcel of real property to be annexed to the Project which will include a recreation building, swimming pool and other related Improvements and is intended for the benefit of the Master Association to serve the Owners. 2.59 RESIDENCE: "Residence" shall mean a dwelling situated on a Lot, including any garage also situated on a Lot, and any Unit, including portions of a Condominium Building which are appurtenant exclusively to that Unit pursuant to the terms of a Condominium Declaration. 2.60 RESTORE: "Restore" shall mean repairing, rebuilding or reconstructing a damaged Improvement to substantially the same condition and appearance in which it existed prior to being damaged. 2.61 SHARED DRIVEWAY: "Shared Driveway" shall mean those portions of each Lot which are shown on a Map as "Private Driveway Easement". The term "Shared Driveway" shall also mean any property described as such in a Declaration of Annexation. The approximate dimensions of each Shared Driveway are shown on the Map; however, the actual boundaries of the Shared Driveway extend from the curb or edge of pavement on one side of the Shared Driveway to the curb or edge of pavement on the other side of the Shared Driveway and include the Shared Driveway aprons up to the garage doors. Each Shared Driveway includes the entire driveway surface and all utilities, storm drainage and other Improvements within the Shared Driveway which (i) serve more than one (1) Lot and (ii) are not publicly Maintained. 2.62 SOLAR COLLECTOR: "Solar Collector" shall mean a solar collector as defined in California Public Resources Code Section 25981. 2.63 SOLAR RIGHTS ACT: "Solar Rights Act" shall mean California Civil Code Sections 714 et seq., and any successor statutes. 2.64 SOLAR SHADE CONTROL ACT: "Solar Shade Control Act" shall mean California Public Resources Code Sections 25980 et seq., and any successor statutes. 2.65 STORMWATER IMPROVEMENTS: "Stormwater Improvements" shall mean all Stormwater Treatment Measures, Flow Duration Controls, Full Trash Capture Devices and other stormwater improvements described and governed by the Stormwater Management Maintenance Agreement, irrespective of where a Stormwater Improvement is located. "Stormwater Improvements" include hydromodification detention basins situated within the Common Area or Master Association Maintenance Area, but they do not include any storm water improvements or portions thereof which are dedicated to the public or a public or quasi -public entity or utility company, and accepted for maintenance by the public, such entity or utility company, or any stormwater improvements which are maintained by a Geologic Hazard Abatement District. 9 03/31/17 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, #100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 2.66 STORMWATER MANAGEMENT MAINTENANCE AGREEMENT: "Stormwater Management Maintenance Agreement" shall mean the Stormwater Management Maintenance Agreement recorded on January 19, 2016, as Series No. 2016-012283, in the Official Records of the County Recorder, including any amendments or modifications thereto approved by the City. It is intended that Stormwater Management Maintenance Agreements will be entered into by and between Declarant and the City for each Map which is recorded and such agreements shall collectively be Stormwater Management Maintenance Agreements as defined in this Section. 2.67 SUBJECT PROPERTY: "Subject Property" shall mean the real property described in Section 1.1 (Property) and all Improvements thereon. 2.68 SUPPLEMENTAL DECLARATION: "Supplemental Declaration" shall mean a declaration of covenants and restrictions, other than this Master Declaration, recorded by Declarant, a Master Builder or a Merchant Builder which encumbers a portion of the Project. 2.69 UNENCLOSED LOT MAINTENANCE AREA: "Unenclosed Lot Maintenance Area" shall mean the unenclosed portions of a Lot. Each Unenclosed Lot Maintenance Area includes all landscaping within the Unenclosed Lot Maintenance Area and the landscape irrigation systems and components which irrigate such landscaping, including wiring, automatic valves, controllers and timers, wherever located. 2.70 UNIT: "Unit" refers to a Separate Interest as defined in California Civil Code Section 4185 and shall mean each portion of the Project which is defined in a Condominium Declaration as a Unit. 2.71 VISIBLE: "Visible" shall mean the item described can be seen by a six (6) foot tall person standing on the described area, or if no area is described, on any portion of the street which provides access to the Residence. 2.72 YARD: "Yard" shall mean the enclosed portions of a Lot and includes any Yard Easement which is appurtenant to the Lot, but excludes any portion of that Lot which is subject to a Yard Easement for the benefit of the abutting Lot. Yard includes all Improvements situated thereon or therein. 2.73 YARD EASEMENT: "Yard Easement" shall mean those portions of a Lot (or Common Area) which are described or depicted as "**" in one or more of the following locations: (a) on the Map, (b) on Exhibit "C" attached to this Master Declaration, (c) in a Declaration of Annexation or (d) in the initial grant deed to one or more individual Lots which conveys those Lots to the initial Public Purchaser of that Lot. If a Yard Easement is described or depicted in more than one location, the Yard Easement described or depicted in the most recently recorded of such documents shall be the Yard Easement for all purposes of this Master Declaration. Yard Easement includes all Improvements situated thereon or therein. 2.74 ZONE 7 RESTRICTED AREA: "Zone 7 Restricted Area" shall mean the real property which is subject to the Covenants and Deed Restriction between Declarant and Alameda County Water Conservation and Flood Control District, Zone 7, and other parties, which restricts use, access and development of the portions of Chabot Creek generally located north and west of Tract 8150, and the portion of Canal 2 (aka "Line G-2") which runs along Arnold Road along the eastern boundary of the overall Boulevard community and continues southwesterly through the overall Boulevard community towards the intersection of Iron Horse Parkway and Dublin Boulevard. The Zone 7 Restricted Area is described and depicted in the Covenants and Deed Restriction. 10 03/31/17 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, #100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 ARTICLE III OWNERSHIP AND EASEMENTS 3.1 NON-SEVERABILITY: The interest of each Owner in the use and benefit of the Common Area shall be appurtenant to the Lot, Condominium or Commercial Lot owned by that Owner. Any conveyance of any Lot, Condominium or Commercial Lot shall automatically transfer the right to use the Common Area without the necessity of express reference in the instrument of conveyance. The ownership interests in the Common Area, Condominium Lots, Commercial Lots, Lots and Units described in this Article are subject to the easements described, granted and reserved in this Master Declaration. Each of the easements described, granted or reserved herein shall be established upon the recordation of this Master Declaration and shall be enforceable as equitable servitudes and covenants running with the land for the use and benefit of the Owners and their Lots, Condominiums or Commercial Lots superior to all other encumbrances applied against or in favor of any portion of the Project. 3.2 OWNERSHIP OF LOTS, CONDOMINIUMS AND COMMERCIAL LOTS: Title to each Lot, Condominium or Commercial Lot in the Project shall be conveyed in fee to an Owner. 3.3 OWNERSHIP OF COMMON AREA: Title to or a legal ownership interest in the Project Common Area in each Phase shall be conveyed to the Master Association prior to or concurrently with the conveyance of the first Lot in that particular Phase to an Owner. Title to or a legal ownership interest in the Condominium Lot in each Phase shall be owned and conveyed as set forth in the Condominium Declaration which governs that Condominium Lot. The Master Association shall be deemed to have accepted the Common Area in each Phase when assessments for the Phase in which that Common Area is located have commenced. 3.4 OWNERSHIP OF PARTY FENCES: Each Owner of a Lot upon which a Party Fence is situated shall own that portion of the fence or wall from the surface which faces the Owner's Lot up to the center of the Party Fence. 3.5 EASEMENTS: The easements and rights specified in this Article are hereby created and shall exist whether or not they are also set forth in individual grant deeds to Lots, Condominiums or Commercial Lots. By reference to this Master Declaration, each grant deed to a Lot, Condominium or Commercial Lot shall be deemed to be conveyed with the benefit of and subject to all applicable easements set forth in this Section. 3.5.1 Adjoining Property: Declarant shall have, and hereby expressly reserves, a right and easement over and across the Common Area for the purposes of reasonable ingress to and egress from, over and across the Project, including private roads and pathways, to the Annexable Property until all of the Annexable Property is annexed to the Project. Declarant hereby expressly grants to Master and Merchant Builders and Master and Merchant Builders hereby reserve a right and easement over and across the Common Area for the purposes of reasonable ingress to and egress from, over and across the Project, including private roads and pathways, to the Annexable Property until all of the Annexable Property is annexed to the Project. 3.5.2 Annexation of Annexable Property: Upon the recordation of a Declaration of Annexation, the Lots, Condominiums and Commercial Lots and the Owners of Lots, Condominiums and Commercial Lots in the annexed Phase shall have all of the rights and easements specified in this Article and the Lots, Condominiums and Commercial Lots and the Owners of Lots, Condominiums and Commercial Lots 11 03/31/17 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, #100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 in the Project prior to annexation shall have all of the easements specified in this Article as though the annexed Phase were initially part of the Project. 3.5.3 Master Association: The Master Association and its duly authorized agents and representatives shall have a non-exclusive right and easement as is necessary or appropriate to perform the duties and obligations of the Master Association set forth in the Project Documents, including the right to enter upon Lots, Condominium Lots and Commercial Lots, subject to the limitations contained in this Master Declaration. 3.5.4 Common Area: Every Owner shall have a non-exclusive right and easement for the ingress, egress, use and enjoyment of all Common Area, subject to the Operating Rules, which shall be appurtenant to and shall pass with the title to every Lot, Condominium and Commercial Lot, subject to the following provisions: (a) The right of the Board, after Notice and Hearing, to suspend an Owner's right to use the Recreation Facilities or any other recreational facilities; (b) The right of the Master Association to grant, convey and dedicate fee title to or easements over all or any portion of the Common Area; and (c) Any easement which affects the Common Area, including easements conveyed to Owners over Condominium Common Area pursuant to a Condominium Declaration, or which is set forth in the deed which conveys Common Area to the Master Association. (d) A Declaration of Annexation which establishes a Cost Center may identify areas or Improvements which are intended to be used solely by the Lots, Condominiums and Commercial Lots within that Cost Center and Owners who are not within that Cost Center shall have no right to ingress, egress, use or enjoyment of such areas or Improvements. 3.5.5 Encroachment: Non-exclusive rights and easements are reserved and granted (i) for the benefit of each Lot and Condominium Lot, as dominant tenement, over, under and across each other Lot, Condominium Lot and the Common Area, as servient tenements, and (ii) for the benefit of the Common Area and Condominium Lot, as dominant tenement, over, under and across each Condominium Lot and Lot, as servient tenement. Such easements shall be for the purposes of encroachment, support, occupancy and use of such portions of Lots, Condominium Lots and/or Common Area as shall be encroached upon, used and occupied by the dominant tenement as a result of any original construction design, accretion, erosion, deterioration, decay, errors in original construction, movement, settlement, shifting or subsidence of any building or structure or any portion thereof. If any portion of the Project is partially or totally destroyed, the encroachment easement shall exist for any replacement structure which is rebuilt pursuant to the original construction design. The easement for the encroaching Improvement shall exist for as long as the encroachment exists, provided that no easement for encroachment shall be created due to the willful misconduct of the Master Association or any Owner. Any easement for encroachment may but need not be cured by Alteration of the Improvement. 3.5.6 Governmental Entities: All governmental and quasi -governmental entities, agencies and utilities and their agents shall have a non-exclusive easement over the Common Area for the purposes of performing their duties within the Project. 12 03/31/17 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, #100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 3.5.7 Mailboxes: Each Owner shall have a non-exclusive easement to use the mailbox for that Owner's Lot, Condominium or Commercial Lot over those portions of the Project on which the mailbox is located. 3.5.8 Map: The Common Area, Condominium Lots, Commercial Lots and Lots are subject to all easements and rights of way shown on the Map. 3.5.9 Master Association Maintenance Areas: The Master Association shall have a non- exclusive easement over the Master Association Maintenance Areas to perform the obligations imposed on it by this Master Declaration. 3.5.10 Party Fences: Each Owner of a Lot containing a Party Fence shall have a reciprocal non-exclusive easement over and across such portions of the contiguous Lot as are necessary to Maintain the Party Fence. 3.5.11 Right of Entry to Inspect: Declarant hereby reserves for itself, and for its agents, employees, contractors, and/or subcontractors (collectively, "Declarant Parties"), the right to enter in and upon the Common Area for the purposes of performing an annual inspection of the Common Area and Improvements thereon. Declarant hereby grants to Master and Merchant Builders, their respective agents, employees, contractors, and subcontractors and Master and Merchant Builders hereby reserve for themselves, their respective agents, employees, contractors, and/or subcontractors (collectively, "Builder Parties"), the right to enter in and upon the Common Area which they improved for the purposes of performing an annual inspection of such Common Area and Improvements thereon. The purpose of any inspection shall be to ascertain the condition of Common Area Improvements. Declarant Parties or Builder Parties shall give the Master Association reasonable advance written notice of the date and time of any inspection. During the inspection, the Master Association shall provide access to the interiors of any Common Area structures. After completing any inspection, Declarant Parties or Builder Parties may give the Master Association a written report which describes the results of the inspection and makes recommendations for action that Declarant Parties believe is appropriate for the Master Association to take to Maintain Improvements for which the Master Association is responsible. These rights of entry shall exist until the date which is eleven (11) years following the date of completion of the Common Area in the last Phase of the Project. 3.5.12 Right of Entry to Perform Work: (a) Declarant Parties: Declarant hereby reserves for itself, and for its agents, employees, contractors, and/or subcontractors (collectively, "Declarant Parties"), the right to enter in and upon those portions of (a) the Common Area, (b) each Condominium Lot, (c) each Lot, (d) each Commercial Lot, (e) each Residence and (f) each Unit that are necessary or appropriate (as determined in Declarant Parties' reasonable discretion) for the purposes of performing repairs or doing other work that (i) has been agreed to by the Master Association and Declarant Parties or by an Owner and Declarant Parties or (ii) Declarant Parties elects to perform pursuant to California Civil Code Section 918. Declarant hereby grants to Master and Merchant Builders, their respective agents, employees, contractors, and subcontractors and Master and Merchant Builders hereby reserve for themselves, and for their respective agents, employees, contractors, and/or subcontractors (collectively "Builder Parties"), the right to enter in and upon those portions of (a) the Common Area, (b) each Condominium Lot, (c) each Lot, (d) each Commercial Lot, (e) each Residence and (f) each Unit which they improved that are necessary or appropriate (as determined in Builder Parties' reasonable discretion) for the purposes of performing repairs or doing other work that (i) has been agreed to by the Master Association and Builder Parties or by an Owner and Builder Parties or (ii) Builder Parties elects to perform pursuant to California Civil Code Section 918. Declarant Parties or Builder Parties shall give all 13 03/31/17 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, #100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 affected parties at least seventy two (72) hours advance notice of the dates and times work will be performed (except in an emergency for which no notice is required). Notice shall be written or verbal. (b) Utility Companies: Each utility company which provides services to the Project ("Utility Company") is hereby granted the right to enter in and upon those portions of the Common Area and the unenclosed portions of each Lot, Condominium Lot and Commercial Lot that are necessary for the purposes ofperforming maintenance or repairs of improvements for which the Utility Company is responsible or which have been agreed to by the Master Association and the Utility Company. The right of entry granted herein may be exercised by the Utility Company through its agents, employees, contractors, and/or subcontractors. Utility Company shall give the Master Association at least seventy two (72) hours advance notice of the dates and times work will be performed (except in an emergency for which no notice is required). Notice shall be written or verbal. The Utility Company shall have no liability to repair or replace any landscaping or other Improvements that are removed or impaired as a result of repair or replacement work performed by the Utility Company. Repair or replacement shall be performed by the Association, at the Association's cost. 3.5.13 Right to Photograph: Declarant hereby reserves a non-exclusive easement and right in gross to display, use and distribute for any and all purposes photographs, video recordings and similar reproductions of all Residences, Condominiums and Improvements constructed anywhere in the Project; provided, however, Declarant shall have no right to photograph the interior of any Residence or Unit after that Residence or Unit has been conveyed to a Public Purchaser, without the consent of that Public Purchaser. Declarant hereby expressly grants to each Master Builder and Merchant Builder and each Master Builder and Merchant Builder hereby reserves a non-exclusive easement and right in gross to display, use and distribute for any and all purposes photographs, video recordings and similar reproductions of all Residences, Condominiums and Improvements constructed anywhere in the Project by that Master Builder or Merchant Builder; provided, however, no Master Builder or Merchant Builder shall have any right to photograph the interior of any Residence or Unit after that Residence or Unit has been conveyed to a Public Purchaser, without the consent of that Public Purchaser. 3.5.14 Shared Driveways: The Owners of a Lot served by a Shared Driveway ("Shared Driveway Lots") are hereby granted a non-exclusive appurtenant easement over the Shared Driveway which serves that Lot. The Shared Driveway may be used for the purposes of (i) ingress to and egress from the Shared Driveway Lots, (ii) installing, operating or Maintaining utilities which serve any or all of the Shared Driveway Lots and which are not publicly Maintained, (iii) installing, operating and Maintaining storm drainage Improvements and irrigation Improvements which serve any or all of the Shared Driveway Lots, and (iv) installing, operating and Maintaining the Shared Driveway surface. Improvements within the Shared Driveway shall be Maintained as provided in Article V (Improvements). 3.5.15 Storm Drains: The Master Association and each Owner shall have a non-exclusive right and easement appurtenant to the Common Area, Condominium Lots, Commercial Lots and all Lots over, under, across and through the Project, except Residences, for surface and subsurface storm drains and the flow of water in accordance with natural drainage patterns and the drainage patterns and Improvements installed or constructed by Declarant, Master Builder or Merchant Builder. Additionally, this Master Declaration and the Common Area, Condominium Lots, Commercial Lots and each Lot shall be subject to all easements granted by Declarant, Master Builder or Merchant Builder to install and Maintain drainage Improvements necessary or appropriate for the development of the Project. 3.5.16 Support: The Master Association and each Owner shall have a non-exclusive right and easement appurtenant to the Common Area, Condominium Lots and all Lots through each Lot, 14 03/31/17 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, #100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 Condominium Lot and the Common Area to support and Maintain the Common Area, Condominium Lot and all Lots. 3.5.17 Utilities: Each Owner shall have a non-exclusive right and easement over, under, across and through the Project, except Residences and Condominium Buildings, for utility lines, pipes, wires and conduits installed by Declarant, Master Builder or Merchant Builder. Additionally, this Master Declaration and each Lot, Condominium Lot, Commercial Lot and the Common Area shall be subject to all easements granted by Declarant, Master Builder or Merchant Builder to install and Maintain utilities necessary or appropriate for the development of the Project. 3.5.18 Yard Easements: Each Lot which is adjacent to a Yard Easement shall have an exclusive right and easement appurtenant to it over, under, through and across such Yard Easement. Each Yard Easement may be used for the purposes specified and is subject to the restrictions placed on it in Section 4.21 (Yard Easements) of this Master Declaration. Yard Easements shall be Maintained as provided in Article V (Improvements) of this Master Declaration. ARTICLE IV USE RESTRICTIONS A parcel of Commercial Property is not subject to the provisions of this Article IV (Use Restrictions) if the Declaration of Annexation which annexes that parcel provides that the Commercial Property is not subject to the provisions of this Article IV. If the Declaration of Annexation which annexes a parcel of Commercial Property provides that the Commercial Property is only subject to portions of this Article IV, then that parcel shall only be subject to those portions as stated in that Declaration of Annexation. 4.1 ALTERATIONS: Except as otherwise specifically provided in this Master Declaration, no Alteration may be made to any Improvement until plans have been submitted and approved pursuant to Article XI (Architectural and Landscaping Control). 4.2 ANIMALS: 4.2.1 Generally: No animals may be kept for commercial purposes. No dog shall be allowed in the Common Area or Master Association Maintenance Area unless it is under the control of a responsible person by leash or other means. Each Owner or Invitee shall clean after its pet so that the Common Area and Master Association Maintenance Area is in the same condition it was in immediately preceding its use by any pet permitted on the Common Area or Master Association Maintenance Area by the Owner or Invitee. 4.2.2 Number and Type: An Owner may keep not more than a total of two (2) (three [3] in the case of Owners of single family detached Residences) dogs, cats and other customarily uncaged household pets within the Owner's Lot or Condominium. Each Owner may also keep a reasonable number of small caged animals, birds or fish. Unless the Operating Rules increase the number or type of animals which may be kept, no other animals or pets are permitted in the Project. 4.2.3 Nuisance: The Board shall have the right to prohibit the keeping of any pet which, after Notice and Hearing, is found to be a nuisance to other Owners. 4.2.4 Service Animals: Notwithstanding the limitations on numbers and types of animals in Section 4.2.2 (Number and Type), the Board shall, without having to amend Section 4.2.2, make reasonable 15 03/31/17 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, #100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 accommodations allowing a person who resides in a Residence and has a legally recognized disability to keep service animals in their Residence on receipt of reasonable evidence: (a) that the person has a legally recognized disability; (b) that the service animal is properly trained to provide a necessary service for the disabled person, and (c) showing that the animal meets the criteria for service animals set forth in state and federal law and regulation. Qualified service animals shall not be counted as pet animals for purposes of the numeric limits in Section 4.2.2 (Number and Type), nor shall any limitations on the types of animals set forth in that Section apply to a qualified service animal. Qualified service animals permitted under this Section 4.2.4 remain subject to Sections 4.2.1 (Generally) and 4.2.3 (Nuisance). 4.3 ANTENNAS AND SATELLITE DISHES: No outside television antenna, microwave or satellite dish, aerial, or other such device (collectively "Video Antennas") with a diameter or diagonal measurement in excess of one (1) meter shall be erected, constructed or placed on any Common Area, Condominium Lot or Lot. Video Antennas with a diameter or diagonal measurement of one (1) meter or less may be installed only if they conform to the Architectural Standards and, if then required by the Architectural Standards, any necessary approval is obtained in accordance with the provisions of Article XI (Architectural and Landscaping Control). Reasonable restrictions which do not significantly increase the cost of the Video Antenna system or significantly decrease its efficiency or performance may be imposed. 4.4 DRAINAGE: No Owner or the Master Association shall make any Alteration to the drainage patterns and facilities in the Project (including but not limited to removal or modification of any swale established by a Declarant, Master Builder or Merchant Builder in a Yard) until plans have been submitted and approved (a) pursuant to Article XI (Architectural and Landscaping Control) and (b) by the City in writing or any public authority with jurisdiction over the Alteration. No Alteration shall be inconsistent with a Stormwater Management Maintenance Agreement. This Master Declaration provides notice to each Owner to devote great care and attention to grading and to establishing and maintaining positive drainage away from the entire foundation line of the Owner's Residence. Positive drainage is achieved by shaping Lot grades, establishing drainage "swales" or installing underground area drains. The swales and drains provide a receptacle and conduit to drain water away from the foundation, and the rear, side and front of the Residence to off -site drainage disposal. Swales also prevent drainage water from moving across a Lot to another Lot, Condominium Lot, Commercial Lot, Common Area or other property. This Master Declaration also provides notice to each Owner that if existing drainage swales established on a Lot or around a Residence are interrupted, blocked, filled, or otherwise altered, serious damage can result. Drainage must not be allowed to pond in a Yard (except in swales specifically designed for detention) or run against or under a Residence, foundation, garage floor, driveway or other Improvement. Serious damage can result even during a short period of time. 4.5 EXTERIOR LIGHTING: No Owner shall remove, damage or disable any exterior light, photocell, or fixture, regardless of where located, which is either photocell operated or connected to the Master Association's electric service. 4.6 INVITEES: Each Owner shall be responsible for compliance with the provisions of the Project Documents by that Owner's Invitees. An Owner shall promptly pay any Reimbursement Assessment levied and/or any fine or penalty imposed against an Owner for violations committed by that Owner's Invitees. 4.7 MASTER ASSOCIATION MAINTENANCE AREAS: 4.7.1 Alterations: No Alteration may be made by an Owner, nor may any personal property be placed, within Master Association Maintenance Area without first obtaining approval of the Board. Notwithstanding the foregoing, no Owner shall add landscaping to or otherwise disturb or modify the Stormwater Improvements. Unless otherwise determined by the Board, any Owner who adds landscaping 16 03/31/17 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, #100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 in any Master Association Maintenance Area shall Maintain the additional landscaping. The Master Association shall not be responsible for any damage caused to any such added landscaping as long as the damage occurs in the ordinary course of the Master Association's regular landscape maintenance program. No Alteration is permitted to the bio-retention area or silva cells on Lots or Common Area without the approval of the City. 4.7.2 Irrigation: If the water supply for an irrigation system serving Master Association Maintenance Area is connected by Declarant to a Residence water meter at the time of conveyance of that Residence to the initial Owner to acquire the Residence from Declarant, the Owner of the Residence may not disconnect or otherwise restrict the flow of water from the Owner's meter to the irrigation system. All such water used by the Association in irrigating the Association Maintenance Area shall be paid for by the Owner of the Residence. No Owner shall have the right to contest the amount of water used by the Association as long as the Association treats each Lot substantially the same as other similarly situated Lots. No irrigation system serving Public Rights of Way Landscaping may be connected to a Residence water meter. 4.8 MINERAL EXPLORATION: No Lot or Condominium Lot shall be used to explore for or to remove any oil, hydrocarbons or minerals of any kind without the approval of the Board and only if permitted by local ordinances. 4.9 OPERATING RULES: Owners and their Invitees shall comply with all provisions of this Master Declaration, the Bylaws and the Operating Rules. 4.10 PARKING: Vehicles shall not be parked anywhere in the Project except in compliance with the provisions of this Section. 4.10.1 Common Area: Passenger motor vehicles may be parked in designated spaces within the Common Area. The Operating Rules may limit parking within spaces served by Electric Vehicle Charging Stations to electric vehicles only. No part of the Common Area may be used for repair, construction or reconstruction of any vehicle. 4.10.2 Driveways: Unless otherwise provided in a Declaration of Annexation, the driveway on a Lot may be used by the residents of the Lot to park passenger motor vehicles as long as no portion of the vehicle extends into the street or across any portion of a sidewalk. 4.10.3 Enforcement: The Association may enforce all parking restrictions by fines, towing vehicles or any other method it deems appropriate. The parking restrictions may prohibit parking in specific portions of the private streets on the days scheduled for garbage or recycling collection in order to avoid interference with the collection services. 4.10.4 Established Parking Areas: A Declaration of Annexation may establish designated parking spaces which shall be subject to the applicable provisions set forth in such Declaration of Annexation. 4.10.5 Garages: Vehicles of any type may be parked in a garage. Garage doors shall remain closed, except when the garage is in use. Garages shall be kept sufficiently clear so as to permit parking of the number of vehicles for which the garage was designed. 4.10.6 Guest Parking: No resident may park any vehicles in any space designated as "guest parking." 17 03/31/17 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, #100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 given at least ninety-six (96) hours in advance, except in an emergency when no notice is required. Notice may be written or verbal. Work may be performed only on weekdays between the hours of 7 a.m. and 6 p.m. unless otherwise agreed. The Owner of the Servient Tenement shall have no liability for damage to or removal of any Improvement, including landscaping, which exists in the Yard Easement in violation of this Section. 4.21.3 Restrictions: Improvements may be built or placed within the Yard Easement subj ect to the following restrictions: (a) Items which are part of the original construction by Declarant of the Residence on the Servient Tenement (including but not limited to overhanging eaves, down spouts and other storm drainage Improvements) may encroach into the Yard Easement. The only Improvements that may be built or placed within the Yard Easement by the Owner of the Dominant Tenement are (i) landscaping and (ii) patio slabs which are no closer to the Residence on the Servient Tenement than twelve (12) inches unless constructed in that location by a Declarant, Master Builder or Merchant Builder. Notwithstanding (i) immediately preceding, any type of landscaping that has an invasive root system is also prohibited. (b) Nothing may be attached to, thrown against, placed against or permitted to climb up or along the Residence on the Servient Tenement by the Owner or residents of the Dominant Tenement, including but not limited to wall climbing plants. (c) No combustible or flammable materials may be placed or stored in the Yard Easement including barbeques. (d) The Owner of the Dominant Tenement is responsible for collecting the storm water that falls or flows into the Yard in the storm drainage system of the Dominant Tenement. The grade and drainage may not be altered in any manner which may direct water towards or trap water against the Residence on the Servient Tenement. All drainage within the Yard must direct all water away from the foundation of the Residences on both the Dominant and Servient Tenements. Any patio or impervious surface installed within a Yard must also cause water to drain away from the Residences on both the Dominant and Servient Tenement. (e) All irrigation within the Yard must be installed and Maintained by the Owner of the Dominant Tenement so that all water is directed away from the foundation of the Residences on both the Dominant and Servient Tenements. Irrigation systems may not cause any portion of a Residence to be wet when the irrigation system is operating. (f) The Owner of the Dominant Tenement shall Maintain all landscaping and other Improvements installed within the Yard Easement. (g) Nothing may be placed upon, over or under the Yard Easement that will interfere with the rights of the Owner of the Servient Tenement to access and Maintain the exterior of the Owner's Residence. (h) Enclosures for pets may not be placed within the Yard Easement. 4.21.4 Disputes: If a dispute should arise between the Owners with respect to the application of this Section or any other matters pertaining to using or Maintaining the Yard Easement, the dispute shall be submitted to the Board (or a committee designated by the Board for such disputes) for such resolution. The decision of the Board (or the designated committee) shall be final. 21 03/31/17 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, #100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 4.22 ZONE 7 RESTRICTED AREA: The Zone 7 Restricted Area is under the Management of Alameda County Flood Control & Water Conservation District, Zone 7 ("Zone 7"). Neither any owner nor the Master Association shall enter the Zone 7 Restricted Area for any purpose without first obtaining an encroachment permit from Zone 7. Without the prior written consent of Zone 7, the Master Association may not construct any improvements adjacent to the Zone 7 Restricted Area which may affect Zone 7's ability to access and maintain the Zone 7 Restricted Area. ARTICLE V IMPROVEMENTS Commercial Property, Condominium Buildings and Units are not subject to the provisions of this Article V (Improvements). Condominium Buildings and Units shall be Maintained as provided in the Condominium Declaration which governs those Condominium Buildings and Units. Commercial Property shall be Maintained as provided in the Condominium Declaration or Declaration of Annexation which annexes the Commercial Property to the Project. 5.1 MAINTAINING COMMON AREA, MASTER ASSOCIATION MAINTENANCE AREAS AND IMPROVEMENTS: Except as otherwise specifically provided in this Master Declaration or a Declaration of Annexation, the Master Association shall Maintain the Common Area, all Improvements situated in, upon or under the Common Area, all Master Association Maintenance Areas and any Improvements which a Declaration of Annexation provides are to be Maintained by the Master Association. The Master Association shall provide for all necessary services and cause all acts to be done which may be appropriate or proper to Maintain the Common Area and Improvements and Master Association Maintenance Areas in first-class condition. A Declaration of Annexation may impose additional obligations on the Master Association. 5.1.1 Maintenance Responsibility Exhibit: The Master Association shall Maintain all Improvements situated within the Common Area or Master Association Maintenance Area or adjacent to the Common Area or Master Association Maintenance Area which the Maintenance Responsibility Exhibit designates as an area or Improvement to be Maintained by the Master Association. The Improvements to be Maintained by the Master Association will include, but not by way of limitation, the hydromodification vaults located in the Community public park as well as the twin ninety-six inch (96") storm drain pipes. 5.1.2 Master Association Maintenance Manual: The Master Association shall Maintain the Project in compliance with all applicable requirements imposed by the Master Association Maintenance Manual. 5.1.3 Paved Surfaces: The Master Association shall be responsible for litter control and sweeping of all paved surfaces as needed in order to prevent the accumulation of litter and debris and in compliance with the Association Maintenance Manual. 5.1.4 Public Art: The Master Association shall at its sole cost and expense Maintain and appropriately insure the public art installations throughout the Project. 5.1.5 Records: The Master Association shall keep appropriate records to document that it has performed all inspections and Maintained all Improvements in compliance with the Master Association Maintenance Manual. 22 03/31/17 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, #100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 5.1.6 Regular Inspections: The Master Association shall regularly inspect all major components of the Common Area and Master Association Maintenance Areas at least once each year. One of the primary purposes of the inspection shall be to determine how to extend the life of the Improvements and to prevent damage to such Improvements resulting from the Master Association's neglect or the failure to properly and adequately Maintain. 5.1.7 Specific Provisions: The Master Association' s obligation to Maintain Common Area shall include, but not by way of limitation, the duty to provide for the maintenance, in good repair and on a regular basis, of all of the following Improvements to the extent applicable within the Common Area: landscaping and irrigation, sidewalks, stormwater treatment measures identified in the Agreement for Long - Term Encroachment, decorative pavements, private streets, open space, fences, walls, drainage, lighting, signs and other related Improvements. The Association shall also maintain any decorative pavement located in the Public Rights of Way Landscaping as provided in the Agreement for Long Term Encroachment. 5.1.8 Storm Drainage: All private storm drain systems are to be cleaned annually immediately before the commencement of the rainy season (October 15). 5.1.9 Stormwater Treatment Measures and Other Stormwater Improvements: The Master Association shall inspect and Maintain all Stormwater Improvements in compliance with all applicable provisions of the Stormwater Management Maintenance Agreements, including those on Condominium Lots and on Lots. The Master Association shall submit inspection reports as required by the Stormwater Management Maintenance Agreements. The inspection reports shall be in the form of the Stormwater Treatment Measures Operation and Maintenance Inspection Report Form included in the applicable Stormwater Management Maintenance Agreement. The inspection reports shall also be available to the City. Under the Stormwater Management Maintenance Agreements, the Master Association is responsible for ensuring that the installed stormwater management measures remain in effective operating condition in perpetuity. Commencing on the date the Master Association begins operation, the Master Association assumes the rights and duties of the Property Owner as defined in the Stormwater Management Maintenance Agreements. The Board shall have full right, power and authority to act on behalf of the Master Association, its Members and the Owners under the Stormwater Management Maintenance Agreements. The Master Association's obligation to Maintain Stormwater Improvements shall include bioretention basins within the Common Area adjacent to public streets; if any modification to such bioretention basins is required in the future to accommodate walkways, the modifications shall be the responsibility of the Master Association. 5.2 ALTERATIONS TO COMMON AREA: 5.2.1 Approval: Alterations to any Improvements situated in, upon or under the Common Area or Master Association Maintenance Areas may be made only by the Master Association. A proposal for any such Alteration to an Improvement may be made at any meeting. A proposal may be adopted by the Board, subject to the limitations contained in the Bylaws. 5.2.2 Funding: Expenditures to Maintain an existing capital Improvement for which reserves have been collected may be made from the Reserve Account. Subject to the limitations set forth in Section 6.5 (Limitations on Assessments), the Board may levy a Special Assessment to fund any Alteration of an Improvement for which no reserve has been collected. 5.3 MAINTAINING LOTS AND RESIDENCES: Except as otherwise specifically provided in this Master Declaration or a Declaration of Annexation, each Owner shall Maintain the Owner's Lot, including the Residence and other Improvements located thereon, in compliance with the provisions of the 23 03/31/17 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, #100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 Owner Maintenance Manual, in a manner consistent with the standards established by the Project Documents and in compliance with the Architectural Standards. 5.3.1 Cost Center Maintenance: The Master Association shall Maintain all Improvements situated on Lots which Improvements are included within a Cost Center. 5.3.2 Bio-Retention Facilities: The Association shall Maintain Bio-Retention Facilities located on Condominium Lots and on Lots. * * 5.3.3 Driveways: Each Owner shall Maintain all portions of the driveway which provides access between the Owner's Residence and the street which provides access to that Lot. Each Owner shall keep the surface of the driveway on the Owner's Lot clean and free from oil and grease. 5.3.4 Exterior Lighting: Exterior lights which are operated and controlled by the Owner of the Lot shall be Maintained by the Owner of the Lot. All exterior lights which are operated and controlled by the Master Association shall be Maintained by the Master Association. The Master Association has the right to access the electrical panels on each Lot and to interrupt the electric service when the Master Association needs to perform maintenance for which the Master Association is responsible. 5.3.5 Mailboxes: The Master Association shall Maintain all mailboxes and the support structures for all mailboxes. 5.3.6 Master Association Maintenance Areas: The Master Association shall Maintain those portions of Master Association Maintenance Areas which are located on Lots. 5.3.7 Public Service Easements: The Master Association shall Maintain each Improvement within the Public Service Easements shown on the Map if (a) the Improvement is not Maintained by the public or any utility company, agency or district and (b) the Improvement serves more than one (1) Lot. 5.3.8 Shared Driveways: Shared Driveways shall be Maintained in a good, safe and usable condition, in good repair, and in compliance with all applicable state, county and local ordinances by the Owners of the Lots entitled to use the Shared Driveway. The owners of the Lots entitled to use the Shared Driveway shall contribute equally to the costs incurred in constructing, operating and Maintaining it. The Owners covenant and agree that no maintenance or repair work shall be performed on a Shared Driveway without first obtaining the consent of the other Owners entitled to use the Shared Driveway, which consent shall not be unreasonably withheld. In an emergency situation where there is an imminent risk of damage to life, health or property, an Owner may perform (or cause to be performed) the necessary maintenance or repair work and then be entitled to and have a right of contribution from the other Owners entitled to use of the Shared Driveway. The right of contribution shall be appurtenant to the Lots entitled to use the Shared Driveway and shall pass to the successor(s) in interest of the Owner(s) entitled to contribution. Each Owner shall Maintain all utility system components within the Shared Driveway which serve only that Owner' s Lot at the Owner's expense, unless the component(s) is publicly Maintained. After any work is performed by an Owner, the Owner shall restore the Shared Driveway to the same (or a better) condition it was in immediately preceding the work. 5.3.9 Sidewalks: The Master Association shall Maintain all sidewalks within the Project which provide pedestrian circulation within the Project. Each Owner shall Maintain all other walkways on the Owner's Lot. 24 03/31/17 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, #100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 5.3.10 Solar Collectors: Each Owner whose Lot is served by a Solar Collector shall Maintain the Solar Collector at the Owner's sole cost and expense. 5.3.11 Storm Drainage: All area drains, inlets, catch basins and other drainage Improvements ("Drainage Improvements") shall be cleared and otherwise Maintained at all times so that the Improvements function as they were designed and in compliance with the Stormwater Management Maintenance Agreements. Drainage Improvements shall be cleaned immediately before the commencement of the rainy season (October 15). Each Owner shall clear and otherwise Maintain all Drainage Improvements physically situated within the Owner's Lot, irrespective of who uses the Drainage Improvements, excluding Drainage Improvements within Master Association Maintenance Area ("Owner Maintained Drainage Improvements"). All other Drainage Improvements situated within the Project or which extend outside the Project up to and including the point of connection into a publicly maintained storm drain system shall be Maintained by the Master Association. If the Master Association is notified by an Owner that storm water is not properly flowing from the surface of that Owner's Lot, the Master Association shall investigate the situation, clear all debris from and repair all damage to all Drainage Improvements which the investigation determines not to be functioning properly or which appear to be the cause of the problem. If the Master Association determines that the problem was caused by an Owner's failure to properly Maintain Owner Maintained Drainage Improvements, the Master Association shall levy a Reimbursement Assessment against that Owner to recover the costs incurred by the Master Association. If the Master Association determines that more than one (1) Owner failed to properly Maintain their respective Owner Maintained Drainage Improvements, the Master Association shall apportion the costs it incurred among those Owners and shall levy Reimbursement Assessments against them. Except as expressly provided in this Section, the Master Association shall have no duty to inspect Owner Maintained Drainage Improvements. Notwithstanding any language in this Section to the contrary, if the Master Association determines that an Owner Maintained Drainage Improvement requires repair but that the repair is not urgent, the Master Association may require the Owner of the Owner Maintained Improvement to perform the repair within a reasonable time. 5.3.12 Stormwater Improvements: The Association shall Maintain all Stormwater Improvements located on Condominium Lots and on Lots. 5.3.13 Utility Lines Serving_A Single Lot: Each Owner shall Maintain those portions of all utility lines which (i) are not Maintained by the public or a quasi -public entity or utility company and (ii) serve only that Owner's Lot, irrespective of whether the utility line is located on Common Area or on one (1) or more Lots. 5.3.14 Utility Lines Serving More Than One Lot: The Master Association shall Maintain those portions of all utility lines which (i) are not Maintained by the public or a quasi -public entity or utility company and (ii) serve more than one (1) Lot, irrespective of whether the utility line is located on Common Area or on one (1) or more Lots. 5.3.15 Yard: The Owner of each Lot shall Maintain any Yard serving that Lot and all Improvements within it, unless otherwise provided in this Master Declaration or a Declaration of Annexation. 5.4 ALTERATIONS TO LOTS AND RESIDENCES: Alterations may be made to the interior of a Residence on a Lot, if the Alterations do not impair the structural integrity of the Residence and if the Owner complies with all laws and ordinances regarding alterations and remodeling. Any proposals for Alterations on Lots or to the exteriors of Residences shall be made in accordance with the provisions of Article XI (Architectural and Landscaping Control). 25 03/31/17 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, #100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 9.8 MORTGAGEE VOTING: Each provision of this Master Declaration which requires the approval of First Mortgagees or Eligible Holders entitles the First Mortgagee or Eligible Holder to cast one (1) vote for each Condominium or Lot encumbered by a First Mortgage owned by the First Mortgagee or Eligible Holder. If an action is subject to multiple approvals, each Eligible Holder who casts a vote will be deemed to have cast the same vote as a First Mortgagee. ARTICLE X AMENDMENT AND ENFORCEMENT 10.1 AMENDMENTS: Prior to the conveyance of the first Lot or Condominium to a Public Purchaser, this Master Declaration may be amended by Declarant alone. After such conveyance of the first Lot or Condominium, this Master Declaration may be amended if each of the following requirements is satisfied: 10.1.1 Eligible Holder Approval: The approval of fifty-one percent (51 %) of the Eligible Holders must be obtained to amend any provision of this Master Declaration or the Bylaws which establishes, provides for, governs or regulates any of the following subjects: (a) Voting; (b) Assessments, assessment liens or subordination of such liens; (c) Reserves for maintenance, repair and replacement of Common Area or Exclusive Use Common Area; (d) Insurance or fidelity bonds; (e) Rights to use the Common Area; (f) Responsibilities for maintenance and repair of any portion of the Project; (g) Expansion or contraction of the Project, or the addition, annexation or withdrawal of Property to or from the Project; (h) Boundaries of any Separate Interest or Exclusive Use Common Area; (i) The interest of an Owner in Common Area or Exclusive Use Common Area; (j) Convertibility of Separate Interests into Common Area or of Common Area into Separate Interests; (k) Leasing of Condominiums or Lots; (1) Imposition of any right of first refusal or similar restriction on the right of an Owner to sell, transfer or otherwise convey the Owner's Condominium or Lot; (m) Establishment of self -management by the Master Association where professional management has been required by any First Mortgage Insurer; or 45 03/31/17 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, #100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 10.1.5 Architectural Control: The provisions of Article XII (Annexation), Section 11.1.3 (Declarant Exemption), Section 11.1.4 (Master Builder Exemption), Section 11.1.5 (Merchant Builder Exemption) and this Section 10.1.5 may not be amended without the consent of Declarant until all of the Annexable Property has been annexed to the Project and all of the Lots, Condominiums and Commercial Lots in the Project owned by Declarant, Master Builder and Merchant Builder have been conveyed. 10.1.6 Disputes: The provisions of Section 3.5.11 (Right of Entry to Inspect), Section 3.5.12 (Right of Entry to Perform Work), Section 3.5.13 (Right to Photograph) and this Section 10.1.6 may not be amended nor shall other provisions be adopted that purport to supersede them without the consent of Declarant. 10.1.7 Class C: No provision which confers a benefit on the Class C Member may be amended without the consent of the Class C Member until Class C membership expires. 10.1.8 Annexation: The provisions of Article XII (Annexation), Section 11.1.3 (Declarant Exemption) and this Section 10.1.8 may not be amended without the consent of Declarant until three years (3) after all of the Annexable Property has been annexed to the Project. 10.1.9 City Approval: No amendment to any of the following Sections (which were required as a condition of tentative map approval) shall be effective without the prior written consent of the City or the City Attorney: Section 2.2 (Agreement for Long Term Encroachment), Section 2.14 (Common Area), Section 2.35 (Maintain), Section 2.37 (Maintenance Responsibility Exhibit); Section 2.39 (Master Association), Section 2.40 (Master Association Maintenance Area), Section 2.48 (Operating Rules), Section 2.53 (Project Common Area), Section 2.65 (Stormwater Improvements), Section 4.7 (Master Association Maintenance Areas) and its subsections, Section 5.1 (Maintaining Common Area, Master Association Maintenance Areas and Improvements) and its subsections, Section 5.3.6 (Master Association Maintenance Areas), Section 5.3.11 (Storm Drainage), Section 5.6 (Landscaping) and its subsections, Section 7.1 (The Organization), Section 10.2.1 (City as Third Party Beneficiary), this Section 10.1.9, Section 10.1.11 (Unilateral Amendment and Prospective Application) and Section 10.2.1 (City as Third Party Beneficiary). Further, no provision of this Declaration which was requested by or which confers a right on the City may be amended nor shall other provisions be adopted that purport to supersede them without the consent of the City. 10.1.10 Zone 7 Approval: No amendment to any of the following Sections shall be effective without the prior written consent of Alameda County Water Conservation and Flood Control District, Zone 7: Section 2.74 (Zone 7 Restricted Area), Section 4.22 (Zone 7 Restricted Area) or this Section 10.1.10. Further no provision shall be adopted that purports to supersede these sections without the consent of Alameda County Water Conservation and Flood Control District, Zone 7. 10.1.11 Unilateral Amendment and Prospective Application: Declarant shall have the right to change the provisions of this Master Declaration under the following circumstances: (a) statutory changes are adopted or the law is changed through the decision of a court (collectively "New Law") and the New Law imposes a new requirement on Owners or the Master Association, invalidates a provision of this Master Declaration, results in the inability to enforce a provision of this Master Declaration or prevents the operation of a provision of this Master Declaration or (b) changes to this Master Declaration are required to satisfy the requirements imposed by FannieMae, the Federal Home Loan Mortgage Corporation (Freddie Mac), FHFA, the Federal Housing Administration or the Veterans' Administration as a condition of providing mortgage financing or mortgage insurance (collectively "Financing Condition"). To amend this Master Declaration to effectuate changes as a result of any such New Law or Financing Condition, Declarant must record a document that (i) describes the Project, (ii) references this Section 10.1.11, (iii) describes the New Law or 47 03/31/17 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, #100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 Financing Condition (or both), (iv) describes the Sections in this Master Declaration that are affected by the New Law or Financing Condition and (iv) contains the new provisions. Notwithstanding the foregoing, no amendment which would require approval of the City pursuant to Section 10.1.9 (City Approval) is permitted by this Section 10.1.11 without the consent of the City and no amendment which would require approval of Alameda County Water Conservation and Flood Control District, Zone 7 pursuant to Section 10.1.10 (Zone 7 Approval) is permitted by this Section 10.1.11 without the consent of Alameda County Water Conservation and Flood Control District, Zone 7. 10.1.12 Restatement: After an amendment is duly approved in accordance with the preceding requirements, the Board may prepare a restatement of the Master Declaration and record the restatement of the Master Declaration which restates the entire text of the original document, with these exceptions: (a) changes incorporating all amendments approved by the Owners; (b) changes made to rearrange or delete the text for consistency with the approved amendments; and (c) changes made to delete material no longer legally effective or legally required. Upon recordation of the restatement, the restatement shall supersede the Master Declaration and all prior amendments in their entirety, without, however, affecting the priority of the Master Declaration in the chain of title to all properties that are subject to the Master Declaration, as established by the Master Declaration's initial date of recordation. 10.1.13 Recordation: Any amendment to this Master Declaration shall be effective upon the recordation in the Official Records of the County of either (a) a restatement approved by the Board as provided above which includes a statement executed by the President and Secretary of the Master Association which certifies that the required percentage of Members has approved all amendments made by the restatement and that the form of the restatement was duly approved by a resolution of the Board, or (b) an amending instrument which sets forth the terms of the amendment and includes a statement executed by the President and Secretary of the Master Association which certifies that the required percentage of Members has approved all amendments made by the amending instrument. 10.2 ENFORCEMENT: 10.2.1 City as Third Party Beneficiary: The City shall be deemed a third party beneficiary of this Declaration, and shall be entitled, but not obligated, to enforce the provisions described in Section 10.1.9 (City Approval) and this Section 10.2.1, in any manner provided by law or in equity and in any manner provided by this Declaration. If, in the opinion of the City, the Master Association at any time fails to comply with a Stormwater Management Maintenance Agreement or to Maintain the Common Area in accordance with the terms of this Declaration, the City shall give written notice to Association, specifying the exact nature of such deficiency. Such written notice of deficiency from the City shall require that the Master Association take appropriate corrective action within thirty (30) days of receipt of such written notice unless there exists a hazardous condition creating an immediate possibility of serious injury to persons or property, in which case the time for correction shall be immediate. If the Master Association, within the time set forth in the notice of deficiency, does not undertake and complete the corrective work required in the notice of deficiency, the City may undertake and complete such corrective measures as are set forth in the notice and assess the costs thereof against the Master Association. In order to effectuate the provisions of this Section 10.2.1, the City may enter the Project whenever entry is necessary to perform any work which the City is authorized to undertake pursuant to this Section 10.2.1. 10.2.2 Rights to Enforce: Declarant, Master Builder, Merchant Builder, the Master Association and/or any Owner shall have the power to enforce the provisions of the Project Documents in any manner provided by law or in equity and in any manner provided in this Master Declaration. In addition to instituting appropriate legal action, the Master Association may temporarily suspend an Owner's use of the recreation facilities or voting rights and/or levy a fine against an Owner in a standard amount to be 48 03/31/17 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, #100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 Appendix B Dublin Crossing City Easement Area Exhibit I:I •• 0 iiiiiiiiiiiii 11iiiiiiiiiiiii n i1iiiiiiiiiiii n x • 1L CAL N \\ \,\\\, 7„.„\ \r-IL-- j „(„,„ \\� \\A \� ,,, •G � u 4 \. _ T '555;th Street - IIII�IIIIIIII 354- 620 HQ LEGEND: • fJ° - ),350 fn I 1 _ 1 A EsEsmosoCITY MAINTENANCE EASEMENT AREA OVER CHABOT CREEK 4.70± AC DUBLIN CROSSING PROJECT BOUNDARY n.- WWWWWIT11111-LPHH-J_J_J_J_1_1 0 75 150 300 III ' '11111111111' III 11 L nl III III 17- g• 0 0 O O I C7 r SHEET 1 OF 1 DUBLIN CROSSING CITY EASEMENT AREA EXHIBIT CHABOT CREEK CITY OF DUBLIN CALIFORNIA MACKAY ik soms ENGINEERS PLANNERS SURVEYORS 5142E FRANKLIN DR, PLEASANTON, CA 94588 (925)225-0690 1' = 150' MACKAY & SOMPS IS NOT RESPONSIBLE FOR THE ACCURACY OR COMPLETENESS OF REPRODUCTIONS OF THIS DOCUMENT THAT ARE GENERATED BY OTHERS FROM ELECTRONIC MEDIA PLEASANTON OFFICE 1" = 150' SCALE 04-28-2016 DATE 19814.000 JOB NO. 04-28-2016 1:00pm Carrie Wallace P:\19814\PLN\EXH—P\PERMIT EXHIBITS\EXH—CANAL 1 & 2 OWNERSHIP—MANAGEMENT.DWG Appendix C Baseline Condition Report and As -Built Map (Current Proposed Plans, to be replaced upon completion of success monitoring) AVERAGE BUFFER FROM PROPOSED 100 YEAR FLOOD ELEVATION NORTH BANK VARIES 17'-45' AVERAGE BUFFER FROM OHWM NORTH BANK VARIES 35'-89' PROPOSED SEASONAL WETLAND 0.16 ACRE 441 1 / / / / / / / `- (iyF. : Eic- FT 1 / / / / / / / AVERAGE BUFFER FROM PROPOSED 100 YEAR FLOOD ELEVATION SOUTH BANK VARIES 25'-32' AVERAGE BUFFER FROM OHWM SOUTH BANK VARIES 39'-53' 350 345 340- 335- 330— 325— 320— 315 0+00 I LEGEND PROPOSED SEASONAL WETLANDS PROPOSED 100 YEAR FLOOD ELEVATION . PROPOSED OUTER LIMIT OF CHANNEL BUFFER ZONE 7 ACCESS PATHWAYS RUSTIC TRAIL FOOT BRIDGE ZONE 7 ACCESS LOCATION PROPOSED CONTOUR (1') PROPOSED CONTOUR (5') CONCRETE WALLS AND STRUCTURES - TO BE REMOVED PROPOSED RESTORATION/REALIGNMENT CONCRETE AREA - TO BE REMOVED EXISTING RIP RAP - TO BE REMOVED EXISTING CONCRETE RUBBLE - TO BE REMOVED BURIED ROCK - PROPOSED IMPROVEMENT ASPHALT - TO BE REMOVED EXISTING CANAL WETLAND AREA - TO REMAIN EXISTING TREE - TO REMAIN EXISTING GRADE 1 WETLAND BENCH FINISHED GRADE WRH MICRO -TOPOGRAPHY ORDINARY HIGH WATER MARK 0+25 0+50 0+75 1+00 CHABOT CANAL CROSS SECTION A -A' FULL SIZE SCALE: H11=10'1/1"=10' 1+25 0 40 80 350 —345 —340 — —335 —330 —325 —320 315 1+50 3 \1 l Cortina RE NO (775.51.16 CONCEPT PLAN DUBLIN CROSSING DATE'. 2/2118 DRAWN BY. JC °REC.° BY: MH SCALE: AS SHOWN CARDNO JOB NO. E315001000 FIGURE NO. P1.0 CHANNEL TO BE RESTORED/REALIGNED PRESERVE EXISTING OAK AND WILLOWS 1 AVERAGE BUFFER FROM PROPOSED 100 YEAR FLOOD ELEVATION NORTH BANK VARIES 25'-45' AVERAGE BUFFER FROM OHWM NORTH BANK VARIES 35'-89' AVERAGE BUFFER FROM PROPOSED 100 YEAR FLOOD ELEVATION SOUTH BANK VARIES 25'-32' I N</NFSF�,S �I CHANNEL TO BE RESTORED/REALIGNED I AVERAGE BUFFER FROM OHWM SOUTH BANK VARIES 39'-53' 350 • ENO NMI :NM NNE NiM. 11111111 • 0+1 LEGEND PROPOSED SEASONAL WETLANDS PROPOSED 100 YEAR FLOOD ELEVATION • PROPOSED OUTER LIMIT OF CHANNEL BUFFER ZONE 7 ACCESS PATHWAYS RUSTIC TRAIL FOOT BRIDGE ZONE 7 ACCESS LOCATION PROPOSED CONTOUR (1') PROPOSED CONTOUR (5') CONCRETE WALLS AND STRUCTURES - TO BE REMOVED PROPOSED RESTORATION/REALIGNMENT CONCRETE AREA - TO BE REMOVED EXISTING RIP RAP - TO BE REMOVED EXISTING CONCRETE RUBBLE - TO BE REMOVED BURIED ROCK- PROPOSED IMPROVEMENT ASPHALT - TO BE REMOVED EXISTING CANAL WETLAND AREA - TO REMAIN EXISTING TREE - TO REMAIN 411 0 40 00 345— 340- r 335— L_ 330- 325- 320 0+00 50'-100' ORDINARY HIGH WATERMARK 350 —345 7 -340 0+25 0+50 CHABOT CANAL CROSS SECTION B-B' FULL SEE SCALE: H1"=10' V1'=10' 0+75 —335 —330 —325 320 1+00 5 RE (J) CONCEPT PLAN Z 0 w00 O 0< D- OD og D- J ix Z0 0< 0z 00 W Q2 = W 00 Q 2 Z W DUBLIN CROSSING 0 z 0 0 DATE'. 2/2118 DRAWN Br. JC CHECKED BY: MK SCALE: AS SHOWN CARDNO JOB NO. E313001000 FIGURE NO. P1.1 AVERAGE BUFFER FROM OHWM SOUTH BANK VARIES 35'-40' AVERAGE BUFFER FROM PROPOSED 100 YEAR FLOOD ELEVATION SOUTH BANK VARIES 22'-40' 001°6" / 360 355— 350 345— 340- 335— 330- 325 0+00 PROPOSED SEASONAL WETLAND 0.19 ACRE LEGEND PROPOSED SEASONAL WETLANDS PROPOSED 100 YEAR FLOOD ELEVATION PROPOSED OUTER LIMIT OF CHANNEL BUFFER ZONE 7 ACCESS PATHWAYS RUSTIC TRAIL FOOT BRIDGE ZONE 7 ACCESS LOCATION PROPOSED CONTOUR (1') PROPOSED CONTOUR (5') CONCRETE WALLS AND STRUCTURES - TO BE REMOVED PROPOSED RESTORATION/REALIGNMENT CONCRETE AREA - TO BE REMOVED EXISTING RIP RAP - TO BE REMOVED EXISTING CONCRETE RUBBLE - TO BE REMOVED BURIED ROCK - PROPOSED IMPROVEMENT ASPHALT - TO BE REMOVED EXISTING CANAL WETLAND AREA - TO REMAIN EXISTING TREE - TO REMAIN 0 2200440 EXISTING GRADE 1 ORDINARY HIGH WATER MARK WETLAND BENCH FINISHED GRADE l WITH MICRO/TOPOGRAPHY 360 —355 —350 —345 —340 —335 —330 0+25 0+50 0+75 1+00 CHABOT CANAL CROSS SECTION C-C' FULL SEE SCALE: H1"=10' Vr=10' 325 1+25 1+34 \1 l Cortina RE NO CONCEPT PLAN Z 0 a Z O co Og K O D- Y Z U< I— I— OZ CO W = U UZ 2 Z W DUBLIN CROSSING DATE'. 2/2118 DRAWN BY. Jc CHECKED BY: MK SCALE: AS SHOWN CARDNO JOB NO. E313001000 FIGURE NO. P1.2 PROPOSED SEASONAL WETLAND 0.11 ACRE AVERAGE BUFFER FROM OHWM NORTH BANK VARIES 32'-36' 410 AVERAGE BUFFER FROM PROPOSED 100 YEAR FLOOD ELEVATION NORTH BANK VARIES 25'-28' PROPOSED SEASONAL WETLAND 0.14 ACRE PROPOSED SEASONAL WETLAND 0.12 ACRE I 355 350 345 340 335 330 AVERAGE BUFFER FROM PROPOSED 100 YEAR FLOOD ELEVATION SOUTH BANK VARIES 40'-47' AVERAGE BUFFER FROM OHWM SOUTH BANK VARIES 49'-61' LEGEND EN w!. PROPOSED SEASONAL WETLANDS PROPOSED 100 YEAR FLOOD ELEVATION PROPOSED OUTER LIMIT OF CHANNEL BUFFER ZONE 7 ACCESS PATHWAYS PROPOSED CONTOUR (1') PROPOSED CONTOUR (5') CONCRETE WALLS AND STRUCTURES - TO BE REMOVED EXISTING CULVERT - TO BE REMOVED CONCRETE AREA - TO BE REMOVED EXISTING RIP RAP - TO BE REMOVED EXISTING CONCRETE RUBBLE - TO BE REMOVED ASPHALT - TO BE REMOVED PROPOSED RESTORATION/REALIGNMENT EXISTING GRADE ORDINARY HIGH WATER MARK WETLAND BENCH FINISHED GRADE WITH MICRO -TOPOGRAPHY 3-4 A TYPICAL WETLAND GRADING SECTION A -A' N.T.S. A' 355 350 345 340 335 330 0 40 80 0 CONCEPT PLAN z wg OF �o z w N w z Z z= Uw w DUBLIN CROSSING DATE'. 2/2118 DRAWN BY. JC CHECKED BY: MN SCALE: AS SHOWN CARDNO JOB NO. B318001000 FIGURE NO. P2.0 HORIZON PKWY (G STREET) II RESTO RA :1 "�- 127— OPEN BOTTOM CULVERT ■ HORIZON PARKWAY ENHANCEMENTS A 126.0' RESTORA110 ■f' r it I I III REMOVE CONCRETE ° 1 14= II J— REMOVE CONCRETE LINING THROUGHOUT ALL RESTORATION AREAS (TYP.) REMOVE CONCRETE ° �110 EXISTING CULVERT to 0 I` CENTRAL PARKWAY ENHANCEMENTS HORIZON PARKWAY REMOVE CONCRETE LINING THROUGHOUT ALL RESTORATION AREAS (TYP.) REMOVE ASPHALT° AND CONCRETE 7r REMOVE RIP RAP 0 REMOVE CONCRETE 0 V MATCHLINE-SEE SHEET P2.0 CENTRAL PARKWAY REMOVE ASPHALT AND CONCRETE 0 NOTES: STAGE 1 - REMOVE CULVERT, RIP RAP, AND CONCRETE AS SOON AS FEASIBLE. STAGE 2 - INSTALL TREES AND SHRUBS FOLLOWING CONSTRUCTION OF EACH NEW CROSSING. A 4.11) LEGEND PROPOSED SEASONAL WETLANDS PROPOSED 100 YEAR FLOOD ELEVATION PROPOSED OUTER LIMIT OF CHANNEL BUFFER ZONE 7 ACCESS PATHWAYS PROPOSED CONTOUR (1') PROPOSED CONTOUR (5') CONCRETE WALLS AND STRUCTURES - TO BE REMOVED EXISTING CULVERT - TO BE REMOVED CONCRETE AREA - TO BE REMOVED EXISTING RIP RAP - TO BE REMOVED EXISTING CONCRETE RUBBLE - TO BE REMOVED ASPHALT - TO BE REMOVED PROPOSED RESTORATION/REALIGNMENT FOOT BRIDGE 0 40 8800880 V J Cortina RE NO (775.51.16 CONCEPT PLAN DUBLIN CROSSING U Z 0 0 DATE'. Yd118 DRAWN BY. JC CHECKED BY: MN SCALE: AS SHOWN CARDNO JOB NO. B318001000 FIGURE NO. P2.1 Appendix B Proposed Deed Restriction for the Scarlet Drive Restoration Area Addendum to the Dublin Crossing Long Term Management Plan November 4, 2020 Johnson Marigot Consulting, LLC RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Dublin Crossing, LLC Attn: Bridgit Koller 2603 Camino Ramon, Ste 525 San Ramon, CA 94583 WHEN RECORDED, MAIL COPY TO: Michael Montgomery, Executive Officer Attn: Brian Wines, Site No. 02-01-00786 CIWQS Place ID Nos. 792186 and 792217 California Regional Water Quality Control Board San Francisco Bay Region 1515 Clay Street, Suite 1400 Oakland, CA 94612 WHEN RECORDED, MAIL COPY TO: District Engineer, San Francisco District Attn: Katerina Galacatos U.S. Army Corps of Engineers, Regulatory Division 450 Golden Gate San Francisco, CA 94102 SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE COVENANTS AND DEED RESTRICTIONS Scarlett Drive Mitigation Area THIS DECLARATION OF COVENANTS AND RESTRICTIONS (this "Declaration") is made this day of , 20_, by DUBLIN CROSSING, LLC, a Delaware limited liability company ("Dublin"), and the CITY OF DUBLIN ("City") (collectively the "Declarants"). A. Declarants are the owners in fee simple of certain real property in the County of Alameda, State of California, more particularly described in Exhibit A, attached hereto and by this reference incorporated herein (the "Burdened Property"). Revision Date 4/5/2021 1442261.1 B. The City applied to the Department of the Army, through the San Francisco District of the U. S. Army Corps of Engineers, San Francisco District ("USACE") for a Nationwide Permit pursuant to Section 404 of the Clean Water Act to authorize the City to place fill in waters of the United States to construct the Scarlett Drive Project, and to mitigate for such placement of fill material on the Burdened Property. The "Scarlett Drive Project", a City of Dublin capital improvement project, proposes to extend Scarlett Drive from its existing terminus at the intersection of Houston Place, in a southeasterly alignment to connect with the existing alignment of Dublin Blvd. To mitigate for impacts to jurisdictional waters of the U.S., the Scarlett Drive Project will restore 691 linear feet (0.790 acres) of wetland canal within Canal 2 on the Dublin Crossing Project site ("Scarlett Drive Mitigation Area"). The "Scarlett Drive Mitigation" consists of removal of the concrete lining and riprap, re -contouring of the banks and substrate of the canal, and the planting of native riparian vegetation. Impacts to waters of the U.S. due to fill discharge are regulated by the Clean Water Act, Section 404, and were authorized by the District Engineer pursuant to Nationwide Permit No. 2018-00036S, dated January 15, 2019. C. On January 15, 2019, the District Engineer of the USACE issued the Section 404 Nationwide Permit for the Scarlett Drive Project (the "Scarlett Drive 404 Permit") authorizing the Declarant's discharges to waters of the United States. The Scarlett Drive Permit contains Special Conditions (#1 - #5) (hereafter the "NWP Special Conditions") which set forth conditions of approval concerning the proposed fill and those Special Conditions specifically relating to the Scarlett Drive Mitigation are attached hereto as Exhibit B and incorporated herein by reference as if set forth in full. D. The NWP Special Conditions among other things, require that the City shall submit to USACE a deed restriction to be executed and recorded by the Declarants to protect restored, and enhanced avoided habitat. That deed restriction shall require that the Burdened Property (Exhibit A) be restored and maintained in perpetuity consistent with the Addendum to: Long Term Management Plan Dublin Crossing, November 2020 (Exhibit C), and the Addendum to: Revised Mitigation & Monitoring Plan Dublin Crossing, August 2020 (Exhibit D) and incorporated herein by reference as if set forth in full, and that use of the Scarlett Drive Mitigation Area be limited as set forth in Special Conditions (#1 - #5). E. The City applied to the California Regional Water Quality Control Board for the San Francisco Bay Region ("Board") for a water quality certification under Section 401 of the Clean Water Act and coverage under State Water Resources Control Board Order No. 2003-0017 - DWQ, "General Waste Discharge Requirements for Dredge and Fill Discharges That Have Received State Water Quality Certification" to authorize the Declarant to place fill in waters of the United States and the State of California to construct the Scarlett Drive Project, and to mitigate for such placement of fill material on the Burdened Property. Impacts to waters of the U.S. and waters of the State of California are authorized by the Clean Water Act Section 401 Certification and coverage under Board Order No. 2003-0017. F. On (DATE) the Board's Executive Officer issued the Section 401 water quality certification for the Scarlett Drive Project referenced as Site No. (the "Scarlett Revision Date 4/5/2021 2 1442261.1 Drive 401 Certification") for the City's discharges to waters of the United States and the State of California. The Scarlett Drive 401 Certification contains Special Conditions (# - #) (hereafter the "401 Special Conditions") setting forth conditions of approval concerning the proposed fill and those Special Conditions specifically relating to the Burdened Property (described in Exhibit A) are attached hereto as Exhibit E and incorporated herein by reference as if set forth in full. G. The Board's Executive Officer found that, but for the Special Conditions, the proposed discharge into waters of the United States and State of California could not be found consistent with applicable law and that a water quality certification could therefore not be issued. H. The Special Conditions, among other things, require that the City shall submit to the Executive Officer a deed restriction to be executed and recorded by the Declarants to protect restored and enhanced habitat. That deed restriction shall require that the Burdened Property (Exhibit A) be restored and maintained in perpetuity consistent with the Addendum to: Long Term Management Plan Dublin Crossing, November 2020, and the Addendum to: Revised Mitigation & Monitoring Plan Dublin Crossing, August 2020(which are attached as Exhibits C and D) and incorporated herein by reference as if set forth in full, and that use of the Scarlett Drive Mitigation Area be limited as set forth in Special Conditions (# - #) E. The Declarants elected to execute and record the deed restriction as set forth in this Declaration required in the Special Conditions, so as to enable the City to undertake the actions authorized by the water quality certification issued by the Board. NOW, THEREFORE, in consideration for the rights granted to City for the development of the Scarlett Drive Project, located in the City of Dublin, County of Alameda, the Burdened Property shall be preserved for habitat preservation pursuant to California Civil Code §§ 815, et seq., and shall be dedicated in fee simple to the Alameda County Water Conservation and Flood Control District, Zone 7 ("Zone 7") — pursuant to California Civil Code §§ 815, et seq., (Zone 7 is the "Dedicatee"). The transfer of ownership shall provide mitigation of certain anticipated impacts resulting from the Scarlett Drive Project as authorized by the Department of the Army Permit No. 2018-00036S, dated January 15, 2019, and the Board's 401 Certification No. , AND, IN CONSIDERATION of the Scarlett Drive 404 Permit and the Scarlett Drive 401 Certification, the undersigned Declarants for themselves and for their heirs, assigns, and successors -in -interest, hereby irrevocably covenant with the Department of the Army and the Board that the protective provisions, covenants and restrictions ("Restrictions") set forth in this Declaration shall at all times on and after the date on which this Declaration is recorded constitute for all purposes, covenants, conditions and restrictions on the use and enjoyment of the Burdened Property that are hereby attached to the deed to the Burdened Property as fully effective components thereof. Revision Date 4/5/2021 3 1442261.1 ARTICLE I DEFINITIONS 1.1 Board. "Board" shall mean the California Regional Water Quality Control Board for the San Francisco Bay Region and shall include its successor agencies, if any. 1.2 Burdened Property. "Burdened Property" shall mean that property legally described in Exhibit A (aka "the Property" or "Protected Area'). 1.3 Declarants. "Declarants" shall mean Dublin Crossing, LLC, and the City of Dublin. 1.4 Dedicatee. "Dedicatee" shall mean Alameda County Flood Control and Water Conservation District (aka "Zone 7 "). 1.5 District Engineer. "District Engineer" shall mean the Commanding Officer of the San Francisco District of the U. S. Army Corps of Engineers. 1.6 Mitigation and Monitoring Plan. "Mitigation and Monitoring Plan" shall mean the document titled "Addendum to: Revised Mitigation & Monitoring Plan Dublin Crossing, dated August 6, 2020" (aka "MMP ") 1.7 Long Term Management Plan. "Long Term Management Plan" shall mean the document titled "Addendum to: Long Term Management Plan Dublin Crossing, dated November 4, 2020" (aka "LTMP ") 1.8 Occupant. "Occupant" shall mean the Alameda County Flood Control and Water Conservation District or successor, or any entity acting on behalf of Alameda County Flood Control and Water Conservation District or successor. 1.9 Owner or Owners. "Owner" or "Owners" shall mean the Declarants and/or their successors in interest, who hold title to all or any portion of the Protected Area of the Burdened Property. 1.10 Protected Area. "Protected Area" shall have the same meaning as "Burdened Property." 1.11 Scarlett Drive Permits. "Scarlett Dive Permits" shall mean the Nationwide Permit issued by the San Francisco District of the U. S. Army Corps of Engineers, dated January 15, 2019, and the Clean Water Act, Section 401 Water Quality Certification issued by the San Francisco Regional Water Quality Control Board, dated 1.12 Scarlett Drive Project. "Scarlett Drive Project" shall mean the proposed widening and extension of Scarlett Drive from Dougherty Road on the north to Dublin Boulevard on the south including all appurtenant utility, underground, surface and infrastructure improvements, as shown and defined on the approved "Scarlett Drive Improvement Plans ". Revision Date 4/5/2021 1442261.1 1.13 USACE. "USACE" shall mean the San Francisco District of the U. S. Army Corps of Engineers. 1.14 Zone 7. "Zone 7" shall mean the Alameda County Flood Control and Water Conservation District, Zone 7 [Continues on Following Page] Revision Date 4/5/2021 2 1442261.1 ARTICLE II GENERAL PROVISIONS 2.1 Current State of Burdened Property. The Burdened Property is currently in a natural state and is intended to remain undisturbed, except for those activities described in the Addendum to: Long Term Management Plan Dublin Crossing, dated November 4, 2020, a copy of which is attached here to as Exhibit C (the "LTMP"). 2.2 Value of Burdened Property. The Burdened Property provides or is capable of providing significant ecological and habitat values (collectively "conservation values") that are of aesthetic, ecological, educational, historical, recreational, and scientific value. These values include, but are not limited to, the jurisdictional waters of the U.S. and State of California, and the functions and values of an approximately 691 linear feet (0.790 acres) of Canal 2 within the Dublin Crossing open space preserve. Canal 2 is subject to ecological enhancement and restoration efforts as mitigation for the Scarlett Drive Project, and these values are of great importance to the Declarants and the people of the United States. 2.3 Preservation. As shown in the LTMP, the Burdened Property will be preserved as an open space and habitat preserve and will be restricted from any development on the terms set forth in the Scarlett Drive 404 and 401 Permits, and this Declaration. 2.4 Purpose. The purpose of this Declaration is to ensure that the Burdened Property will be retained forever in a condition contemplated by the LTMP, and to prevent any use of the Burdened Property that will significantly impair or interfere with the conservation values of the Burdened Property. Declarants intend that this Declaration will confine the use of the Burdened Property to such activities including, without limitation, those involving the preservation and enhancement of native species and their habitats in a manner consistent with the conservation purposes of this Declaration and the LTMP. 2.5 Agreement to Assign. Declarants understand, acknowledge and agree that, as a condition on the issuance by the U.S Army Corps of Engineers of the Scarlett Drive Section 404 Permit, and the San Francisco Regional Water Quality Control Board of the Scarlett Drive Section 401 Certification, the Burdened Property shall be restricted from any development and shall be reserved for use as habitat preservation on the terms set forth in the Scarlett Drive permits. Declarants shall offer the Burdened Property for dedication in fee to Zone 7 or to an organization authorized to hold a conservation covenant under California Civil Code § 815, et seq. but such offer does not and shall not be construed as or constitute an offer for public use. 2.6 Covenants Running with the Land. In consideration of benefits derived from the Clean Water Act permits, the Declarants do hereby covenant and agree to restrict, and by this instrument does restrict, the future use of the Burdened Property as set forth by the below establishment of this covenant running with the land in perpetuity and shall bind any successors and assigns in interest to the Burdened Property in accordance with applicable law, including, but not limited to, California Civil Code 815, et seq., and California Civil Code 4618. This Declaration sets forth Restrictions upon and subject to which every portion of the Burdened Revision Date 4/5/2021 1442261.1 Property shall be improved, held, used, occupied, leased, sold, hypothecated, encumbered and/or conveyed. Each and all of the Restrictions shall run with the land, and pass with each and every portion of the Burdened Property, and shall apply to, inure to the benefit of, and bind the respective successors in interest thereof, for the benefit of the USACE, the Board and all other Owners and Occupants, as well as the people of the United States and the State of California. Each and all of the Restrictions are enforceable by the Board and/or USACE. 2.7 Notice in Agreements. After the date of recordation hereof, all Owners and Occupants shall execute a written instrument which shall accompany all purchase agreements, easements or leases relating to the property. Any such instrument shall contain the following statement: The land described herein is subject to a deed restriction dated as of , 20, and recorded on, 20_, in the Official Records of Alameda County, California, as Document No. , which Covenant and Deed Restrictions imposes certain covenants, conditions, and restrictions on usage of all or a portion of the property described herein. 2.8 Development Rights. All present and future development rights allocated, implied, reserved, or inherent to the Burdened Property that are not consistent with the Restrictions or the LTMP are hereby extinguished and may not be used on or transferred to any portion of the Burdened Property, nor any other property, wherever located. 2.9 Concurrence of Owners and Lessees Presumed. All purchasers, lessees, or possessors of any real property interest in any portion of the Burdened Property, whether past, present or future, shall be presumed by their purchase, leasing, or possession of a portion of the Burdened Property to be in accord with the foregoing and to agree for and among themselves, their heirs, successors, and assignees, and the agents, employees, and lessees of such owners, heirs, successors, and assignees, that the Restrictions as herein established must be adhered to for the benefit of the USACE, the Board and the Owners and Occupants of the Burdened Property and that the interest of the Owners and Occupants of the Burdened Property shall be subject to the Restrictions contained herein. No Owner or Occupant of the Burdened Property shall act in any manner that would be inconsistent with the Restrictions. 2.10 Enforcement. USACE and the Board shall have the right, to enforce each and every provision herein. The covenant shall be enforceable by remedy of injunctive relief in addition to any other remedy in law or equity. Failure of the Declarants, Dedicatee, or other Owner or Occupant to comply with any provision of this Declaration shall be grounds for USACE or the Board, by reason of this Declaration, to have the authority to require that the Declarants, Dedicatee, Owner or Occupant modify or remove any improvements constructed in violation of this Declaration and restore the Burdened Property as described in the LTMP and the Special Conditions. In the event that the Declarants, their heirs, assigns or successors in interest shall fail to abide by any of the covenants hereunder, they hereby agree to pay all reasonable costs and expenses incurred by USACE or the Board in securing performance of such obligation, including reasonable attorney's fees and costs. In the event of a breach, any forbearance on the part of any Revision Date 4/5/2021 2 1442261.1 party to this covenant to enforce the terms and provisions hereof shall not be deemed a waiver of enforcement rights regarding any subsequent breach. The Declarants and Dedicatee agree that USACE, the Board, and/or any persons acting pursuant to USACE or Board orders, shall upon providing reasonable notice to the Declarants or Dedicatee, have reasonable access to the Burdened Property for the purposes of inspection, surveillance, maintenance, or monitoring, as provided for in Division 7 of the Water Code. Nothing contained in this Declaration shall be construed to entitle the United States or State of California to bring any action for any injury to or change in the Burdened Property resulting from causes beyond Declarants' or Dedicatee's control, including, without limitation, fire not caused by Declarants or Dedicatee, flood, storm, and earth movement, or from any prudent action taken by Declarants or Dedicatee under emergency conditions to prevent, abate, or mitigate significant threats to life, to health, to public safety, and of injury to the Burdened Property or other property resulting from such causes. ARTICLE III RESTRICTIONS 3.1 Implementation of Mitigation Measures. All mandatory mitigation measures presented in the LTMP and MMP (Attached hereto as Exhibits C and D) applicable to the Burdened Property shall be implemented by Dublin Crossing, LLC. 3.2 Prohibited Activities. Unless allowed pursuant to Sections 3.3 or 4.2 below or unless allowed in the LTMP or future revisions thereof that have been approved in advance in writing by USACE and the Board or its Executive Officer, the following activities are prohibited on the Burdened Property: a. Construction, reconstruction or placement of any building, billboard, sign, structure, or other improvement, except as provided in the LTMP, or upon approval of USACE and Board. b. Unseasonable watering; use of fertilizers, herbicides, pesticides, biocides, or other agricultural chemicals; mosquito abatement activities; weed abatement activities; incompatible fire protection activities; and any and all other uses which may adversely affect the conservation purposes of this Declaration. c. Grazing and agricultural activity of any kind, except as may be provided in the LTMP. d. Commercial or industrial uses. e. Depositing soil, trash, ashes, refuse, waste, bio-solids or any other material. f. Filling, dumping, excavating, draining, dredging, mining, drilling, removing, exploring for or extracting minerals, loam, gravel, soil, rock, sand or other material on Revision Date 4/5/2021 3 1442261.1 or below the surface of the Burdened Property, or granting or authorizing surface entry for any of these purposes, unless authorized by the Board and USACE. g. Altering the surface or general topography of the Burdened Property, including building drives, paving or otherwise covering the Burdened Property with concrete, asphalt, or any other impervious material, except as provided in the LTMP and approved by the Clean Water Act permits. h. Removing, destroying, or cutting trees, shrubs or other vegetation, except as required for: (i) fire and/or flood protection measures as specified in the LTMP; (ii) maintenance of existing foot trails or drives; (iii) prevention or treatment of disease; (iv) utility line clearance, or (v) maintaining flows through the Burdened Property. i. Use of motorized vehicles, including off -drive vehicles, except on existing driveways, as required to meet the obligations of the LTMP. j. Transferring any water right. k. Planting, introduction or dispersal of non-native or exotic plant or animal species. 1. Manipulating, impounding or altering any natural watercourse, body of water or water circulation on the Burdened Property and any activities or uses detrimental to water quality, including but not limited to degradation or pollution of any surface or sub -surface waters. m. All active recreational activities not otherwise described in the LTMP, including, but not limited to, horseback riding, biking, hunting or fishing. n. Permitting a general right of access to the property that may result in damage to ecological functions and values. o. Assigning, terminating, or altering any and all mineral, water, or air rights, without the prior written authorization of the USACE and Board. p. Granting any additional interest in the Burdened Property, without the prior written authorization of the USACE and Board. Revision Date 4/5/2021 4 1442261.1 3.3 Permitted Activities. Notwithstanding the foregoing restrictions, the following activities may occur in the Protected Areas: a. Engaging in uses and activities necessary or appropriate to implement the LTMP. b. Control of entry upon the Burdened Property, including, without limitation, the installation and maintenance of signs or fences that do not impede the movement of wildlife. c. Passive recreational uses, including those activities described in the LTMP, that do not degrade the conservation values of the Burdened Property. ARTICLE IV VARIANCE AND TERMINATION 4.1 Effect of Declaration. The covenants and the provisions set forth in this Declaration are irrevocable and nonmodifiable and shall continue in effect in perpetuity unless modified or terminated as provided herein. 4.1 Variance from Declaration. Declarants, Dedicatee, or any Owner, or with the Owner's consent, any Occupant of the Burdened Property or a portion thereof may apply to USACE and the Board for a written variance from the provisions of this Declaration. USACE and the Board, at their discretion, may approve the variance if they find that the requested variance would not impact the size, condition, or functions of the mitigation features required by the Clean Water Act permits and protected by this Declaration. 4.2 Termination of Declaration. Declarants, Dedicatee, or Any Owner or with the Owner's consent, any Occupant of the Burdened Property or a portion thereof may apply to USACE or the Board for a termination of the provisions of this Declaration as they apply to all or any portion of the Burdened Property. Termination of the provisions of this Declaration requires the provision of alternate mitigation of equivalent size, condition, and functions. USACE and the Board will not approve the termination of the provisions of this Declaration until such alternate mitigation has been established, including the implementation of any necessary construction and planting, as well as a minimum of five years of post -establishment monitoring and maintenance, and a deed restriction or conservation easement has been recorded for the alternate mitigation site. Revision Date 4/5/2021 5 1442261.1 ARTICLE V MISCELLANEOUS 5.1 Best and Most Necessary Use. The habitat conservation values of the Declaration are presumed to be the best and most necessary public use as defined in equity and pursuant to California Code of Civil Procedure § 1240.680 notwithstanding Code of Civil Procedure § § 1240.690 and 1240.700. 5.2 No Dedication Intended. Nothing set forth herein shall be construed to be a gift or dedication, or offer of a gift or dedication, of the Burdened Property or any portion thereof to the general public. 5.2 Taxes. Prior to transfer to Dedicatee, Declarants shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Burdened Property by competent authority (collectively, "taxes"), including any taxes imposed upon, or incurred as a result of, this Declaration, and shall furnish satisfactory evidence of payment upon request. Dedicatee shall there -forward keep the Burdened Property free from any liens, including those arising out of any obligations incurred by the Declarants or Dedicatee for any labor or materials furnished or alleged to have been furnished at or for use on the Burdened Property. 5.3 Subsequent Property Transfer. Declarants and Dedicatee agree to incorporate the terms of this Declaration in any deed or other legal instrument by which the Declarants or Dedicatee divests itself of any interest in all or a portion of the Property, including, without limitation, a leasehold interest. Declarants or Dedicatee shall give USACE and the Board written notice of the intent to transfer any interest at least 30 days prior to the date of such transfer. USACE and the Board shall have the right to prevent subsequent transfers in which transferees are not given notice of the terms, covenants, conditions and restrictions of this Declaration. The failure of Declarants or Dedicatee to perform any act required by this section shall not impair the validity of this Declaration or limit its enforcement in any way. 5.4 Recordation. Declarants shall submit an original, signed and notarized Deed including this Declaration to USACE and the Board, and shall promptly record this instrument in the official records of the County of Alameda, and shall thereafter promptly provide a conformed copy of the recorded Declaration to USACE and the Board. Upon the assignment of the Burdened Property, Dedicatee shall promptly record the title with this Declaration in the official records of the County of Alameda, and shall thereafter promptly provide a conformed copy of the recorded Declaration to USACE and the Board. 5.5 Termination of Declaration. Upon approval of USACE and the Board, Declarants or Dedicatee may grant a perpetual Conservation Easement over the Property to a third party approved to hold Conservation Easements under Civil Code § 815, et seq., and, by so doing, may terminate this Declaration. Termination may only occur after Conservation Easement has been Revision Date 4/5/2021 6 1442261.1 recorded and only if the Conservation Easement contains all provisions set forth in this Declaration. 5.6 General Provisions. a. Controlling Law. The interpretation and performance of this Declaration shall be governed by the laws of the State of California and applicable Federal law, including the Clean Water Act. b. Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Declaration shall be liberally construed to affect the purposes of this Declaration and the policy and purpose of Civil Code §815, et seq. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purposes of this Declaration that would render the provision valid shall be favored over any interpretation that would render it invalid. c. Severability. If any provision of this Declaration or the application thereof is found to be invalid the remaining provisions of this Declaration or the application of such provisions other than that found to be invalid shall not be affected thereby. d. Entire Agreement. This Declaration and the LTMP incorporated by reference herein, including all of the exhibits thereto, together set forth the entire agreement of the parties and supersede all prior discussions, negotiations, understandings, or agreements relating to the Declaration, all of which are merged herein. No alteration or variation of this instrument shall be valid or binding unless contained in an amendment in accordance with the provisions herein. e. Termination of Rights and Obligations. A party's rights and obligations under this Declaration terminate upon transfer of the party's interest in the Declaration or Property, except that liability for acts, omissions or breaches occurring prior to transfer shall survive transfer. f. Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon its construction or interpretation. g. Counterparts. The parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be signed by both parties; each counterpart shall be deemed an original instrument as against any party who has signed it. [Signatures on Following Page] Revision Date 4/5/2021 7 1442261.1 IN WITNESS WHEREOF, Declarant has executed and delivered this Declaration as of the day and year first above written. DECLARANT (Dublin Crossing, LLC): DUBLIN CROSSING, LLC, a Delaware limited liability company By: BrookCal Dublin LLC, a Delaware limited liability company Its: Member By: Name: Title: Date: By: SPIC Dublin LLC, a Delaware limited liability company Its: Member By: Standard Pacific Investment Corp., a Delaware corporation Its: Member By: Name: Title: Date: DECLARANT (City of Dublin): By: Name: Title: Date: Revision Date 4/5/2021 1442261.1 DEDICATEE (Zone 7): By: Name: Title: Date: UNITED STATES ARMY CORPS OF ENGINEERS By: Name: Title: Date: REGIONAL WATER QUALITY CONTROL BOARD By: Name: Title: Date: Revision Date 4/5/2021 2 1442261.1 Revision Date 4/5/2021 EXHIBIT A - LEGAL DESCRIPTIONS -3 1442261.1 Exhibit A — Legal Description Burdened Area — City 1 Real property situate in the City of Dublin, County of Alameda, State of California, and being a portion of Arnold Road previously dedicated and accepted on the following recorded maps; Parcel Map 7042 — Santa Rita Property filed on March 31, 1997 in Book 229 of Parcel Maps, at Page 50 Official Records of said County, and the final subdivision map of Tract 8309 — Filmore / Sunset at Boulevard filed on July 31, 2017 in Book 349 of Maps, at Page 26 Official Records of said County, and Parcel Map 7395 filed on October 31, 2000 in Book 254 of Parcel Maps, at Page 28 Official Records of said County, and being more particularly described as follows: Beginning at a point on the western line of Arnold Road, said point being the southeastern corner of Parcel D as shown upon map of Tract 8361 filed on June 14, 2018 in Book 355 of Maps at Page 1, Official Records of Alameda County; thence along the western line of Arnold Road North 1°23'35" East 168.64 feet; thence across Arnold Road the following three (3) courses to a point on the western line of Arnold Road: (1) South 89°15'44" East 24.30 feet, (2) South 1°23'35" West 354.49 feet, and (3) North 88°29'17" West 24.30 feet, Thence along said western line of Arnold Road North 1°23'35" East 185.53 feet to the Point of Beginning Containing 8,610 square feet, more or less. See Exhibit B — Plat to Accompany Legal Description which is attached hereto and made a part hereof End of description. Prepared by: 12/18/2020 Kirkpatrick P Myers, LS 9009 Date G:\JOB2008\081076BR\SURVEY\DESCRIPTIONS\LEGAL - BURDEN AREA.DOCX HORJ7oN PARKWAY LINE TABLE LINE BEARING LENGTH L1 N1°23'35"E 168.64' L2 S89i5'44 E 24.30' L3 S1°23'35"W 354.49' L4 N88°29'17"W 24.30' L5 N1 °23'35"E 185.53' R1 t-o CO CO CO U) 3 6 1 2 CENTRAL PARKWAY PARCEL 2 P 1M1 8021 282 1\A 69 0 100 200 1 inch = 100 ft. BURDEN AREA 8,610 SQ FT PARCEL 1 PM 8021 282 1M1 69 LEGEND P.O.B. SQ.FT. N POINT OF BEGINNING SQUARE FEET BURDENED AREA BURDENED AREA EXISTING LOT LINES EXHIBIT B PLAT TO ACCOMPANY LEGAL FOR BURDENED AREA DESCRIPTION CITY 1 RUGGERI-JENSEN-AZAR ENGINEERS • PLANNERS • SURVEYORS 4690 CHABOT DRIVE, SUITE 200 PLEASANTON, CA 94588 PHONE: (925) 227-9100 FAX: (925) 227-9300 CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA SCALE: DATE: 1"=100' 12/18/2020 JOB NO.: 081076BR Exhibit A — Legal Description Burdened Area — City 2 Real property situate in the City of Dublin, County of Alameda, State of California, and being a portion of Arnold Road previously dedicated and accepted on the following recorded maps; Parcel Map 7042 — Santa Rita Property filed on March 31, 1997 in Book 229 of Parcel Maps, at Page 50 Official Records of said County, and the final subdivision map of Tract 8309 — Filmore / Sunset at Boulevard filed on July 31, 2017 in Book 349 of Maps, at Page 26 Official Records of said County, and Parcel Map 7395 filed on October 31, 2000 in Book 254 of Parcel Maps, at Page 28 Official Records of said County, and being more particularly described as follows: Beginning at a point on the western line of Arnold Road, said point being the northeastern corner of Parcel C as shown upon map of Tract 8309, filed on July 31, 2017 in Book 349 of Maps at Page 26, Official Records of Alameda County; thence across Arnold Road the following four (4) courses to a point on the western line of Arnold Road: (1) South 88°24'09" East 25.00 feet, (2) South 1°23'35" West 279.00 feet, (3) South 2°52'15" West 59.26 feet, and (4) North 89°03'11" West 23.47 feet, Thence along said western line of Arnold Road North 1°23'35" East 338.51 feet to the Point of Beginning Containing 8,414 square feet, more or less. See Exhibit B — Plat to Accompany Legal Description which is attached hereto and made a part hereof End of description. Prepared by: 12/18/2020 Kirkpatrick P Myers, LS 9009 Date G:\JOB2008\081076BR\SURVEY\DESCRIPTIONS\LEGAL - BURDEN AREA.DOCX 0 67 LINE TABLE LINE BEARING LENGTH L1 S88°24'09"E 25.00' L2 S1 °23'35'W 279.00' L3 S2°52'15"W 59.26' L4 N89 °03'11 "W 23.47' L5 N1 °23'35 E 338.51' 0 i CAMP PARKS x 63LLI - Z.,) D4 69 PARCEL FF 70 PARCEL 2 71 72 PARCEL AA 73 CQ —1 0 100 HORIZON PARKWAY TRACT 3361 3SS iMJ J 200 1 inch = 100 ft. P.O.B. L1 0 z BURDEN AREA 8,414 SQ FT PARCEL 3 PM 7259 234 M 92 LEGEND P.O.B. POINT OF BEGINNING SQ.FT. SQUARE FEET BURDENED AREA BURDENED AREA EXISTING LOT LINES EXHIBIT B PLAT TO ACCOMPANY LEGAL FOR BURDENED AREA DESCRIPTION CITY 2 RJk RUGGERI-JENSEN -AZAR ENGINEERS • PLANNERS • SURVEYORS 4690 CHABOT DRIVE, SUITE 200 PLEASANTON, CA 94588 PHONE: (925) 227-9100 FAX: (925) 227-9300 CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA SCALE: DATE: 1"=100' 12/18/2020 JOB NO.: 081076BR Exhibit A — Legal Description Burdened Area — Developer 1 Real property situate in the City of Dublin, County of Alameda, State of California, and being portions of Parcel C as shown upon map of Tract 8362, filed on November 30, 2018 in Book 357 of Maps at Page 84, Official Records of Alameda County, and Parcel D as shown upon map of Tract 8361 filed on June 14, 2018 in Book 355 of Maps at Page 1, Official Records of Alameda County and being more particularly described as follows: Beginning at the northeast corner of said Parcel C; thence along the eastern line of said Parcel C South 1°23'35" West 185.53 feet; thence across said Parcel C to a point on the western line of said Parcel C North 88°29'17" West 30.00 feet; thence along the western line of said Parcels C and D North 1 °23'35" East 353.76 feet; thence across said Parcel D to a point on the eastern line of said Parcel D South 89°15'44" East 30.00 feet; thence along the eastern line of said Parcel D South 1°23'35" West 168.64 feet to the Point of Beginning Containing 10,619 square feet, more or less. See Exhibit B — Plat to Accompany Legal Description which is attached hereto and made a part hereof End of description. Prepared by: 12/18/2020 Kirkpatrick P Myers, LS 9009 Date G:\JOB2008\081076BR\SURVEY\DESCRIPTIONS\LEGAL - BURDEN AREA.DOCX HOR170N PARKWAY LINE TABLE LINE BEARING LENGTH L1 S1 °23'35"W 185.53' L2 N88 29'17'W 30.00' L3 N1 °23'35"E 353.76' L4 S89 °15'44 "E 30.00' L5 S1 °23'35"W 168.64' R1 t-o CO CO CO U) CENTRAL PARKWAY EXHIBIT B PLAT TO ACCOMPANY LEGAL FOR BURDENED AREA DESCRIPTION DEV 1 CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA PARCEL 2 P1Y1 3021 282 1\A 59 100 200 1 inch = 100 ft. BURDEN AREA 10,619 SO FT PARCEL 1 P J�A 30 21 232 1M1 69 P.O.B. SQ.FT. LEGEND POINT OF BEGINNING SQUARE FEET BURDENED AREA BURDENED AREA EXISTING LOT LINES nl1� RUGGERI-JENSEN-AZAR ENGINEERS • PLANNERS • SURVEYORS 4690 CHABOT DRIVE, SUITE 200 PLEASANTON, CA 94588 PHONE: (925) 227-9100 FAX: (925) 227-9300 SCALE: 1 "=100' DATE: 12/18/2020 JOB NO.: 081076BR Exhibit A — Legal Description Burdened Area — Developer 2 Real property situate in the City of Dublin, County of Alameda, State of California, and being a portion of Parcel C as shown upon map of Tract 8309, filed on July 31, 2017 in Book 349 of Maps at Page 26, Official Records of Alameda County, and being more particularly described as follows: Beginning at the northeast corner of said Parcel C; thence along the eastern line of said Parcel C South 1°23'35" West 338.51 feet; thence across said Parcel C to a point on the western line of said Parcel C North 89°03'11" East 30.00 feet; thence along said western line to the northwest corner North 1°23'35" East 338.85 feet; thence along the northern line of said Parcel C South 88°24'09" East 30.00 feet to the Point of Beginning Containing 10,160 square feet, more or less. See Exhibit B — Plat to Accompany Legal Description which is attached hereto and made a part hereof End of description. Prepared by: 12/18/2020 Kirkpatrick P Myers, LS 9009 Date G:\JOB2008\081076BR\SURVEY\DESCRIPTIONS\LEGAL - BURDEN AREA.DOCX 0 67 LINE TABLE LINE BEARING LENGTH L1 S1 °23'35"W 338.51' L2 N89 °03'11 "W 30.00' L3 N123'35"E 338.85' L4 S88°24'09"E 30.00' 0 i CAMP PARKS 63 x 69 PARCEL FF t 70 O) PARCEL 2 a c1 co 71 )cn 72 co co PARCEL AA 73 L3 r 1 —1 1-3-1 0 100 HORIZON PARKWAY TRACT 3361 3 J J iM 1 200 1 inch = 100 ft. L4 4 L2 P.O.B. 7 c) o 0 7 1 J BURDEN AREA 10,160 SO FT PARCEL 3 PM 7259 234 M 92 LEGEND P.O.B. POINT OF BEGINNING SQ.FT. SQUARE FEET BURDENED AREA BURDENED AREA EXISTING LOT LINES EXHIBIT B PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR BURDENED AREA DEV 2 RJk RUGGERI-JENSEN-AZAR ENGINEERS • PLANNERS • SURVEYORS 4690 CHABOT DRIVE, SUITE 200 PLEASANTON, CA 94588 PHONE: (925) 227-9100 FAX: (925) 227-9300 CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA SCALE: DATE: 1"=100' 12/18/2020 JOB NO.: 081076BR Revision Date 4/5/2021 EXHIBIT B - SCARLET DRIVE 404 PERMIT -4 1442261.1 DEPARTMENT OF THE ARMY SAN FRANCISCO DISTRICT, U.S. ARMY CORPS OF ENGINEERS 450 GOLDEN GATE AVENUE, 4TH FLOOR, SUITE 0134 P.O. BOX 36152 SAN FRANCISCO, CALIFORNIA 94102-3406 JAN 15 2019 Regulatory Division Subject: File Number 2018-00036S Mr. Josh Roden Dublin Crossing, LLC 500 La Gonda Way, Suite 100 Danville, California 94526 Dear Mr. Roden: This correspondence is in reference to your submittal of January 8, 2018, concerning Department of the Army (DA) authorization to widen and extend Scarlett Drive and relocate the adjacent segment of the Iron Horse Trail. The project site is located between Dougherty Road and Dublin Boulevard in the City of Dublin, Alameda County, California (Lat: 37.708430, Long: -121.907373). Work within U.S. Army Corps of Engineers' (Corps) jurisdiction will include the permanent discharge of fill materials in 0.338 acre (2,229 linear feet) of drainage ditches bordering the Iron Horse Trail and the installation of a 150-foot-long, 8-foot by 8-foot double box culvert over 0.071 acre (174 linear feet) of the Chabot Canal. The on -site drainage ditches will be relocated outside of the new Scarlett Drive alignment, covering 0.466 acre (2,225 linear feet). To mitigate for unavoidable adverse effects to aquatic resources, enhancement activities will occur over approximately 0.929 acre (691 linear feet) of Canal 2, located approximately 0.7 mile northeast of the project site. Enhancement activities will include the removal of the concrete lining and riprap, re -contouring of the banks and substrate of the canal, and the planting of native riparian vegetation. In total, the project will require placement of fill materials within 1.338 acre of wetland and non -wetland waters of the U.S. All work shall be completed in accordance with the plans and drawings titled "USACE File #2018-00036S, Scarlett Drive/Iron Horse Trail Extension, January 3, 2019, Figure 1 to 18," provided as enclosure 1. Section 404 of the Clean Water Act (CWA) generally regulates the discharge of dredged or fill material below the plane of ordinary high water in non -tidal waters of the United States, below the high tide line in tidal waters of the United States, and within the lateral extent of wetlands adjacent to these waters. Section 10 of the Rivers and Harbors Act (RHA) generally regulates construction of structures and work, including excavation, dredging, and discharges of dredged or fill material occurring below the plane of mean high water in tidal waters of the United States; in former diked baylands currently below mean high water; outside the limits of mean high water but affecting the navigable capacity of tidal waters; or below the plane of ordinary high water in non -tidal waters designated as navigable waters of the United States. Navigable waters of the United States generally include all waters subject to the ebb and flow of 2 the tide; and/or all waters presently used, or have been used in the past, or may be susceptible for future use to transport interstate or foreign commerce. Based on a review of the information in your submittal and the current condition of the site, as verified during a field investigation on February 7, 2018, the project qualifies for authorization under Department of the Army Nationwide Permits (NWPs) 14 for Linear Transportation Projects and 27 for Aquatic Habitat Restoration, Enhancement, and Establishment Activities (82 Fed. Reg. 1860, January 6, 2017), pursuant to Section 404 of the CWA of 1972, as amended (33 U.S.C. § 1344 et seq.). The project must be in compliance with the terms of the NWP cited on our website (www.spn.usace.army.mil/Portals/68/docs/regulatory/NWP/NWP17_14.pdf; www.spn.usace.army.mil/Portals/68/docs/regulatory/NWP/NWP17 27.pdf), the general conditions of the Nationwide Permit Program (www.spn.usace.army.mil/Portals/68/docs/regulatory/NWP/NWP17_GC.pdf), and the San Francisco District regional conditions (www.spn.usace.army.mil/Portals/68/docs/regulatory/NWP/NWP17_RC.pdf). You must also be in compliance with any special conditions specified in this letter for the NWP authorization to remain valid. Non-compliance with any term or condition could result in the revocation of the NWP authorization for your project, thereby requiring you to obtain an Individual Permit from the Corps. This NWP authorization does not obviate the need to obtain other State or local approvals required by law. This verification will remain valid until March 18, 2022, unless the NWP authorization is modified, suspended, or revoked. Activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon a NWP will remain authorized provided the activity is completed within 12 months of the date of a NWP's expiration, modification, or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend, or revoke the authorization in accordance with 33 C.F.R. § 330.4(e) and 33 C.F.R. § 330.5(c) or (d). This verification will remain valid if, during the time period between now and March 18, 2022, the activity complies with any subsequent modification of the NWP authorization. The Chief of Engineers will periodically review NWPs and their conditions and will decide to modify, reissue, or revoke the permits. If a NWP is not modified or reissued within five years of its effective date, it automatically expires and becomes null and void. It is incumbent upon you to remain informed of any changes to the NWPs. Changes to the NWPs would be announced by Public Notice posted on our website (www.spn.usace.army.mil/Missions/Regulatory/Public-Notices.aspx). Upon completion of the project and all associated mitigation requirements, you shall sign and return the Certification of Compliance, enclosure 2, verifying that you have complied with the terms and conditions of the permit. 3 This authorization will not be effective until you have obtained a Section 401 water quality certification from the San Francisco Bay Regional Water Quality Control Board (RWQCB). If the RWQCB fails to act on a valid request for certification within 60 days after receipt of a complete application, the Corps will presume a waiver of water quality certification has been obtained. You shall submit a copy of the certification to the Corps prior to the commencement of work. General Condition 20 stipulates that any project affecting a historic property may not commence construction until the provisions of 33 C.F.R. § 325, Appendix C, have been satisfied. As the Federal lead agency for this project, the Corps initiated consultation with the State Historic Preservation Officer (SHPO) to address project related impacts to cultural resources. By letter of December 17, 2018, cited in enclosure 3, the SHPO did not object to a finding of no adverse effect to historic properties. In order to ensure compliance with this NWP authorization, the following special conditions shall be implemented: 1. Immediately prior to ground -breaking, a qualified biologist shall survey the project area for federally -listed species. Additionally, a qualified biological monitor shall be present during all initial ground disturbing activities. If any federally -listed species are observed in the project area, the applicant shall immediately cease construction and notify the Corps. Construction may not resume until the Corps completes consultation with the U.S. Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act, as amended. The Applicant shall be notified in writing by the Corps when work may resume. 2. A professional archaeological monitor shall be present during all subsurface excavations that expose native soils. 3. A post construction report shall be submitted 45 days after the conclusion of construction activities. The report shall document construction activities in waters of the U.S., containing as -built drawings (if different from drawings submitted with application) and before and after photos. 4. Performance standards for the relocation of approximately 0.466 acre of on -site drainage ditches and the enhancement of approximately 0.929 acre of wetland and riparian areas in Canal 2 shall be adhered to as per the "Addendum to: Mitigation & Monitoring Plan, Dublin Crossing," dated November 19, 2018 (https://www. spn.usace.army.mil/Portals/68/docs/regulatory/MMP/SPN-2018- 00036_MMP_ 2018-11-19.pdf). An annual monitoring report shall be submitted to the Corps by December 31 for at least ten years following the completion of construction; the monitoring report shall document performance of the relocated on- 4 site drainage ditches for at least the first five of the ten years. The monitoring report shall include dated photographs that cover the entire project reach, including the relocated drainage ditches and Canal 2. If performance standards are not being met, a brief explanation of the difficulties and potential remedial actions shall be provided. The final monitoring report must include a copy of the fully executed deed restriction and documentation that the endowment is fully funded. 5. Your responsibility to complete the required compensatory mitigation as set forth in Special Condition 4 will not be considered fulfilled until you have demonstrated mitigation success and have received written verification from the U.S. Army Corps of Engineers. You may refer any questions on this matter to Naomi Schowalter of my Regulatory staff by telephone at 415-503-6763 or by e-mail at naomi.a.schowalter@usace.army.mil. All correspondence should be addressed to the Regulatory Division, South Branch, referencing the file number at the head of this letter. The San Francisco District is committed to improving service to our customers. My Regulatory staff seeks to achieve the goals of the Regulatory Program in an efficient and cooperative manner while preserving and protecting our nation's aquatic resources. If you would like to provide comments on our Regulatory Program, please complete the Customer Service Survey Form available on our website: http://www.spn.usace.army.mil/Missions/ Regulatory.aspx Sincerely, eRidk M. Bottofns, Ph.D. Chief, Regulatory Division Enclosures Copy Furnished (w/ encls): a. ./Johnson Marigot Consulting, Brisbane, CA (Attn: Paula Gill) Copy Furnished (w/ encl 1 only): CA RWQCB, Oakland, CA Enclosure 1 San Francisco Oakl an d San Leandro San klat eo rail< ,,,,,anannaannallaWaNnat U.S. Army Corps of Engineers San Era neat° Cirtrict Replatory Diviaion F remonl Project Location erm orc.: e do, 0 c"11 '7 I t • As rAL USACE File #201 8-00036S Sca rIett Drive/Iron Horse Trail Extension January 3, 2019 Figure 1 to 18 n iquirt LEGEND Project Boundary (8.4 ac) A ° 600 SCARLETT DRIVE/IRON HORSE TRAIL Careirro° " Shaping the Future / N I 300 Scale in Feet EXTENSION PROJECT Figure 1 Site and Vicinity ■ —J /'\/ Proposed Road Improvements 2 SCARLETT DRIVE - STA 27+30± TO 90+26± b b e 1 :11— n ik .ii, 4 SCARLETT DRIVE - HORIZON PARKWAY TO 98+26± Ex RV I I IY IRIS Y 10'OTH 6' IY I' P. 11' IN I% 6' Y 6' E. IRA. WE MO 62 THE VI7VE LIFT NAY Moe ME TRAM UAC (RA COOP AYl ,tea, Lw WIN M ! 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I( 11\ too tr.A. nM I I (M.OoJ fIYLr AM' ...1. �b , I OANgp' 93prrfl '\D II :g; IP § I IN s1, lb a' elle Z'Z� 133HS; 33S 00'09F44 b1S - gNn HOlVW z J a z 0 1- 0 i W 0 d, d a co 0 n g� 3g n e 19 x 19 agf>m,. a unf our..>n,os-no-,,:u,.•vn,m.,,ur4Lo.c..oIo:,,tal,wsb,-ro,m, voIo.,o,I,a,iovcorl., r 1 r 3AO8V 33S 0) U IL EROSION CONTROL PLAN 3D 3D Kam Ai raVeal 0.oektowliMacrl., // / moue 338 0000+a V18 - aNn HOlVA I . 8 A2013):1 ‘\,7 • .4„e 4.3' • 8 8 11 • • 39 1331-18 23S auvAalnoe Nnena 8 0Yld NoisnoH .1 3A08V 338 00'00+LE ViS - aNn HOIVIN • ,''.4%>,;"4,, TFtEATIENT AREA HYDRAULIC (AMINO METHOD i'll 1 1 bi g4 giggggn Z ggg 0 612 ao-fenomat 6:0-REVinft BR 12 6.E6% ro i k Ili A g II lg ikhp.R.10 4ailn g2 r vui,- iii:z 414 dig% 6q r - wp, I.,,,P. Wg gip , 4 ,,gY, dg ri ,vg4 9998 g ma P.- OU'i2Z6 R 2 ,2g -01,;•KR,,,,.., ,,,, ,„,, : E ,.,15i,ig,•.3§: Is ' 4 % MIS:ii lin a 8 8 2 8 2 8 9 8 L BE INSTALLED WITH REM TRITGN MG FILTER, 1 1 4 -4 h 8 k g g % 89 STORMWATER TREATMENT PLAN 2 onai Axon in was., raUfris moan»; -rtn-orouo-xtsole, u"coo soco-colzru antatrxoantawas1 MO133 33S r 1 3AOSV 338 lT M1 U b 0 0 N\N BR..111 uu 0 co co ill:11=1111.1.10111 MEM ) ' IIMMII••••••••• IMM MINIM .• • ' DMA (:), • • `• , -DMA rams soma =sum moms • • '''E'10-RatiV710ICI AREA (TYP) ,'","•'"V,4•A.,4,',,,I,g.•,•4•.6 • „ ' i• b . `t, • II 16661 e•,) '"( • LEGEND MOM MOM Mil= =0 • ) \ ' DRAINAGE MANAGEMENT AREA (DMA) BOUNDARY BIO-RETENTION AREA (BR) Sc.AFL.Efr 0 SCARLETT DRIVE IMPROVEMENTS STORMWATER MANAGEMENT SITE PLAN 50 1 inch = 50 ft. TITA 1:114111. 111 L11 w co 100 RUGGERI-JENSEN-AZAR ENGINEERS • PLANNERS • SURVEYORS 4690 CHABOT DRIVE, SUITE 200 PLEASANTON, CA 94588 PHONE: (925) 2.27-9I00 FAX: (925) 227-9300 DATE:. SEPTEMBER 26, 2018 SHEET 1 OF 21 LEGEND PO •« ++++++++++4• MS MN NIS DRAINAGE MANAGEMENT AREA (DMA) BOUNDARY BIO—RETENTION AREA (BR) SIL VA CELL (SC) 0 SCARLETT DRIVE IMPROVEMENTS STORMWATER MANAGEMENT noix RUGGERI-JENSEN-AZAR SITE PLAN 1 inch = 50 ft. 100 ENGINEERS • PLANNERS • SURVEYORS 4890 CNA80T 0RI5E, SUITE 200 PLEASANTON, CA 94595 PHONE: (925) 227-9100 FAX: (925) 227-9300 DATE: SEPTEMBER 26, 2018 SHEET 2 OF 21 W 1 t!) DMA.. • COr_ -• .._. BR #3 J W BI .v r r . 0) _,+,.? !'_,+ + 't;yr.,++ + t + ... .: ' t 4:,p" ft + + + ,.+..+ + ++ �+ + 4 + LEGEND DRAINAGE MANAGEMENT AREA (DMA) BOUNDARY BIO-RETEN77ON AREA (BR) 0 SCARLETT DRIVE IMPROVEMENTS STORMWATER MANAGEMENT SITE PLAN 1 inch = 50 ft. RUGGERI-JENSEN-AZAR ENGINEERS • PLANNERS • SURVEYORS 4690PHONE O(925) 2277--910ITE 0� FAX: (9 5 227 9300 6� 100 DATE SEP7EMBER 26, 2018 SHEET 3 OF 21 LEGEND DRAINAGE MANAGEMENT AREA (DMA) BOUNDARY BIO-RETENTION AREA (BR) 0 50 100 SCARLETT DRIVE IMPROVEMENTS STORMWATER MANAGEMENT nj SITE PLAN RUGGERI LA NNER! • SURVEYORS NSEN-AZAR ENGINEER! • PLAN 4690 CHABOT ERNE, SUITE 200 PLEASANTON, CA 94588 PHONE: (925) 227-9100 FAX (925) 227-9300 MN Ell NM MI 1 inch = 50 ft. DATE SEPTEMBER 26, 2018 SHEET 4 OF 21 TOTAL EFFECTIVE TREATMENT TREATMENT DMA IMPERVIOUS AREA (SF) PERVIOUS AREA (SF) AREA IMPERVIOUS AREA REQUIRED AREA PROVIDED (SF) AREA (SF) (SF) (SF) 1 2,977 234 3,211 3,000 73 102 2 26,808 2,298 29,106 27, 038 811' 1,182 3 18,903 5,925 24,828 19,496 565 4,266 4 74,009 5,582 79,591 74,567 916 3,468 5 9,670 640 10,310 9,734 331 256 6 7,361 393 7,754 7,400 177 218 7 9,021 0 9,021 9,021 361 376 ALTERNATIVE 8 15,797 556 16,353 15,853 356 TREATMENT IN DUBLIN BLVD. (PH1) 9 18,491 1,687 20,178 18,660 560 630 10 8,206 975 9,181 8,304 250 292 11 4,445 500 4,945 4,495 135 135 1. THE ABOVE CALCULATIONS ARE BASED ON THE ALAMEDA COUNTYWIDE CLEAN WATER PROGRAM, C.3 STORMWATER TECHNICAL GUIDANCE, DATED OCTOBER 31, 2017, AND THE FOLLOWING CRITERIA: a. EFFECTIVE IMPERVIOUS AREA = IMPERVIOUS AREA + 10% OF PERVIOUS AREA b. 0.2 INCHES/HOUR RAINFALL INTENSITY ON 100% OF EFFECTIVE IMPERVIOUS AREA. c. SOIL FOR TREATMENT MEDIUM WITH A 5 INCHES/HOUR INFILTRATION RATE. 2. TREATMENT AREA REQUIRED BASED ON COMBINATION METHOD AND 6" PONDING. 3. ALL STORMWATER TREATMENT MEASURES, INCLUDING THE BIG -RETENTION AREAS ON LOTS, SHALL BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. EASEMENTS AND/OR DEED RESTRICTION SHALL BE CREATED FOR THIS PURPOSE ON LOTS IN ACCORDANCE WITH THE CITY REQUIREMENTS. 4. THE CITY MUST BE ABLE TO ACCESS ALL STORMWATER TREATMENT AND HYDROMODIFICATION STORAGE FACILITIES DURING REGULAR BUSINESS HOURS FOR INSPECTION PURPOSES. 5. STORM WATER INLET INSERT SHALL BE INSTALLED IN ALL CATCH BASINS PER SHEET 14. 6. DROP INLET INSERT SHALL BE INSTALLED IN ALL DROP INLETS PER SHEET 15. SCARLETT DRIVE IMPROVEMENTS STORMWATER CONTROL ►]<: DETAILS RUGGERI-JENSEN-AZAR ENGINEER! • PLANNERS • OUfl VEYOftS 469 PHONE (925) 227-91000F 0 (925) 227 9300 59 DATE.• SEPTEMBER 26, 2018 SHEET 21 OF 21 SNd5V.3b 'ON 3V35 a w 0z a 0 VO `NnBna NOISN31X3 IIViJU 3S2JOH N0211/11011312JVOS H12JON - V32JV NOIIV8OJS32J IVNVO 3 2 CANAL RESTORATION AREA- NORTH 3lVO SNOSIM 'ON Tf3S W Q U 7 za 0 U VO 'Ni18l0 NOISN31X311V2ll 3S2101-1 NO2111110113121VOS H1flOS - V321V NOI1V2101S3211VNVO 3 2 tt 4 5 F 4 H 0 a z 0 a m 0 vs W Z U W 0 V J it 1- z a 0 W 0 z a J 0 OvON 01ON8V ag Kva 04 -�� • ✓. �C W moo; X.1VNVO 010AIV - gffli naliteWleadiagall \Nor\'\",'�\�\��' \\\\ --- 1.1111119, CANAL RESTORATION AREA - SOUTH Enclosure 2 Permittee: Josh Roden, Dublin Crossing, LLC File Number: 2018-00036S Certification of Compliance for Nationwide Permit "I hereby certify that the work authorized by the above referenced File Number and all required mitigation have been completed in accordance with the terms and conditions of this Nationwide Permit authorization." (Permittee) (Date) Return to: Naomi Schowalter U.S. Army, Corps of Engineers San Francisco District Regulatory Division, CESPN-R-S 450 Golden Gate Ave., 4th Floor, Suite 0134 P.O. Box 36152 San Francisco, CA 94102-3406 Enclosure 3 State of California • Natural Resources Agency Edmund G. Brown Jr., Governor DEPARTMENT OF PARKS AND RECREATION OFFICE OF HISTORIC PRESERVATION Julianne Polanco, State Historic Preservation Officer 1725 23rd Street, Suite 100, Sacramento, CA 95816-7100 Telephone: (916) 445-7000 FAX: (916) 445-7053 calshpo.ohp@parks.ca.gov www.ohp.parks.ca.gov December 17, 2018 Rick M. Bottoms, Ph.D. Chief, Regulatory Division U.S. Army Corps of Engineers San Francisco District 1455 Market Street, 16th Floor San Francisco, CA 94103-1398 Lisa Ann L. Mangat, Director In reply refer to: COE_2018_0426_001 Subject: Continuing Section 106 Consultation for Scarlett Road Extension and Offsite Improvements Project, City of Dublin, Alameda County, California (COE File #: 2018-00036S) Dear Dr. Bottoms: The California State Historic Preservation Officer (SHPO) received your letter on November 26, 2018 continuing consultation on the above referenced project in order to comply with Section 106 of the National Historic Preservation Act of 1966 (as amended) and its implementing regulations at 36 CFR Part 800. The U.S. Army Corps of Engineers (COE) is responding to comments from the SHPO in a letter dated May 23, 2018 and are also requesting comments on their finding of effect for the proposed undertaking. In addition to the letter, the COE provided the following document for review: • Cultural Resources Inventory and Evaluation Report Scarlett Road Extension and Offsite Improvements Project (Cardno, Inc., Revised - October 2018). The COE is proposing to issue a permit under Section 404 of the Clean Water Act to Dublin Crossing, LLC, (Applicant) to widen the existing portion of Scarlett Drive from Dougherty Road to Houston Place from a two- to a four -lane highway, and extend it approximately 1,050 feet to intersect with Dublin Boulevard in the City of Dublin, California. The project would also include relocating the Iron Horse Trail to the east of its current location. Other proposed improvements include upgrading landscaping and lighting, installing a box culvert, adding an intersection at Horizon Parkway, installing traffic signals, relocating utility poles and bio-retention facilities, as well as stream enhancement and ditch relocation at the offsite mitigation area. The COE has defined the Area of Potential Effects (APE) as entire 8.4-acre project site, and a 1.1-acre off -site Dr. Rick Bottoms December 17, 2018 Page 2 COE 2018 0426 001 biological mitigation area. The vertical APE is expected to extend up to 25 feet deep for subsurface excavation. Historic property identification efforts included records searches, archaeological and built environment surveys, and Native American consultation. As a result, the COE identified two previously recorded resources in the APE: a previously removed segment of the San Ramon Branch of the Southern Pacific Railroad line (P-01-001783) and a segment of the original drainage system for Camp Park Reserve Forces Training Area (RFTA) (P-01-010475). Although the Native American Heritage Commission's (NAHC) Sacred Lands File search indicated the presence of Native American cultural resources in the project area, no resources or concerns were identified through the COE's Native American consultation. The COE has responded to th.e SHPO's comments in the May 23, 2018 letter as follows: • The Chabot Canal is a component of P-01-010475 and was evaluated as not eligible for listing on the NRHP in 2001. The two drainage ditches in the APE were constructed in 1994 and the PG&E power lines in the APE are also less than 45 years in age and therefore not historic. • The COE sent a letter to the Muwekma Tribe on January 23, 2018 and also attempted to re -contact the tribe via email and phone in October and November 2018. No response was received from the Muwekma Tribe. However, the COE has stated that if a response is received, they will attempt to address any concerns or requests from the tribe and will contact the SHPO if needed. • The grading and berm mentioned in the previous consultation are not associated with the current undertaking but were part of ongoing projects within the Camp Park property that overlaps with the APE. • P-01-010475, a storm drain and sewer system, was determined not eligible for listing on the NRHP in consultation with the SHPO in 2002 (USA020415A). P- 01-001783 is the Dumbarton Cutoff of the Southern Pacific Railroad. The COE's letter states that the Dumbarton Cutoff was evaluated as eligible for listing on the NRHP by John Snyder in 1996, although it is not clear if this was a consensus determination made in consultation with the SHPO. However, the San Ramon Branch of the Dumbarton Cutoff, which intersects the APE, was previously evaluated as not eligible for listing on the NRHP in 2000 because the construction of the Iron Horse Regional Trail removed the railroad tracks and modified the resource. Portions of P-01-001783 have been formally determined not eligible for listing on the NRHP through consensus determination with the SHPO (FHWA000602A; FHWA_2014_0911_001; BUR_2018_0222 001). The portion of P-01-001783 within the APE does not retain any characteristics that qualify the resource for listing on the NRHP. • The COE conducted a desktop sensitivity analysis of the APE. Because the APE is located within a Holocene alluvial valley, the COE is requesting that the Applicant retain an archaeological monitor during all subsurface excavations that will expose native soils. Dr. Rick Bottoms December 17, 2018 Page 3 COE 2018 0426 001 The COE has made a finding of no historic properties affected for this undertaking and has requested the SHPO's review and comment. After reviewing the submitted materials, the following comments are provided: • Pursuant to 36 CFR 800.4(d)(1), a finding of no historic properties affected does not appear appropriate for this undertaking because a component of a potential historic property (P-01-001783) is located within the APE. However, since the undertaking will only affect a non-contributing portion of this resource, I would not object to a finding of no adverse effect, pursuant to 36 CFR 800.5(b). For more information or if you have any questions, please contact Koren Tippett, Archaeologist, at (916) 445-7017 or koren.tippett@parks.ca.gov. Sincerely, Julianne Polanco State Historic Preservation Officer EXHIBIT C - LTMP (PLACEHOLDER) TO BE UPDATED WITH FINAL APPROVED LTMP PRIOR TO RECORDATION Revision Date 4/5/2021 5 1442261.1 EXHIBIT D - MMP (PLACEHOLDER) TO BE UPDATED WITH FINAL APPROVED MMP PRIOR TO RECORDATION Revision Date 4/5/2021 6 1442261.1 EXHIBIT E - SCARLET DRIVE 401 PERMIT (PLACEHOLDER) Revision Date 4/5/2021 7 1442261.1 EXHIBIT B MAINTENANCE AGREEMENT RELATED TO THE LICENSED AREAS CITY OF DUBLIN CALIFORNIA MACKAY & comps ENGINEERS PLANNERS SURVEYORS 5142B FRANKLIN DR, PLEASANTON, CA 94588 (925)225-0690 DRAWN DATE SCALE JOB NO. CL 05/31/2019 1 "=400' 19814.000 CAMP PARKS UNITED STA TES OF AME RICA 5 132 OR 1 MN •••• •••• 180.125 ACRE PARCEL RECORD OF SURVEY 2031 31 ROS 22 HORIZON PKWY. CHABOT CREEK LICENSED AREA sak ZONE 7ACCESS EASEMENTS / `\! PARK SITE CHABOT CREEK LICENSED AREA LEGEND: LICENSED AREAS (ZONE 7 OWNED) FLOOD CONTROL RELATED MAINTENANCE BY ZONE 7 HOA MAINTENANCE IN LICENSED AREAS: LANDSCAPE / IRRIGATION / TRASH PICKUP RIP -RAP MAINTENANCE SEDIMENT REMOVAL CITY MAINTENANCE IN LICENSED AREAS: LANDSCAPE / IRRIGATION / TRASH PICKUP TRAILS / PATHWAYS RIP -RAP MAINTENANCE SEDIMENT REMOVAL NOTES: 1) ALL MAINTENANCE WITHIN CHANNELS TO BE PER TERMS OF LONG TERM MAINTENANCE PLAN (LTMP) 2) CITY MAINTENANCE OF BRIDGES OVER CHABOT CREEK WITHIN PARK SHALL BE AS NOTED BELOW •••• / / ZONE 7ACCESS / EASEMENTS 7 /�/ / NUGGET WAY 47 CHABOT CREEK LICENSED AREA CENTRAL PKWY. ITY SHALL MAINTAIN VEHICULAR BRIDGE AND FOOT BRIDGES ACROSS CHAOTCREEK INCLUDING ABUTMENTS, RIP -RAP PROTECTION AND TRAILS / PATHWAYS LEADING TO BRIDGES. CITY SHALL ALSO MAINTAIN CREEK BANKS AND SEDIMENT REMOVAL UNDER /AROUND BRIDGES • ��+' _ _ _ DUBLIN BLVD. 05-30-2019 7:12pm Mark McClellan P:\19814\DES\OVERALL DESIGN EXHIBITS\ZONE7\OVERALL-NH-BACKBONE-ZONE7-CHANNELS-CULVERTS.DWC 0 200 400 80C SCALE:1 "=400' CANAL 2 LICENSED AREA ZONE 7ACCESS EASEMENTS HORIZON PKWY. CANAL 2 L ICEIVS D AREA SCHOOL SITE CENTRAL PKWY. ZONE 7ACCESS EASEMENTS CANAL 2 LICENSED AREA DUBLIN ONE 7AC 3LVD. (- Z EXHIBIT C Addendum to: Long Term Management Plan Dublin Crossing Dublin, Alameda County, California August 6, 2020 Prepared For: Dublin Crossing, LLC 4750 Willow Road, Suite 530 San Ramon, California 94583 Prepared by: Johnson Marigot Consulting, LLC Ms. Sadie McGarvey 88 North Hill Drive, Suite C Brisbane, California 94005 /...71.\\\. JOHf SON MARIGOT CONSULTING, LLC ADDENDUM TO: LONG TERM MANAGEMENT PLAN DUBLIN CROSSING Contents 1.0 Introduction 1 1.1 Purpose of Addendum 1 SECTION 2. Location and Description of Scarlett Drive Restoration Areas 2 Section 3. Land Ownership, Funding, and Legal Protection 3 3.1 Land Owner and Conservator 3 3.2 Funding 3 3.3 Legal Protection 3 List of Figures Figure 1. Scarlett Drive/Iron Horse Trail Extension Project Mitigation Map List of Tables Table 1. Scarlett Drive Restoration Areas Long -Term Maintenance and Management Cost Table List of Appendices Appendix A. Long -Term Management Plan, Dublin Crossing (prepared by Johnson Marigot Consulting, LLC., dated April 2017) Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC Long Term Management Plan August 2020 1.0 INTRODUCTION 1.1 PURPOSE OF ADDENDUM The Dublin Crossing Mitigation Site has been approved as mitigation land to provide compensatory mitigation for unavoidable impacts to wetlands and other waters on the Dublin Crossing Project site in the City of Dublin, Alameda County, California. This mitigation includes the creation of 0.70 acre of wetland, restoration of 528 linear feet of highly disturbed canals, and enhancement of 2,261 linear feet of disturbed canals (Dublin Crossing Mitigation Area). A long term management plan (Long -Term Management Plan, Dublin Crossing, prepared by Johnson Marigot Consulting, LLC., dated April 2017) (Dublin Crossing LTMP) has been prepared and approved for this mitigation. The Dublin Crossing LTMP is included as Appendix A. Separately from this previously -approved mitigation package, the Scarlett Drive/Iron Horse Trail Extension Project (the project), a City of Dublin capital improvement project, for which Dublin Crossing, LLC is the applicant (Applicant), proposes to relocate approximately 0.466 acre (2,225 linear feet) of drainage ditches within the Scarlett Drive/Iron Horse Trail Extension Project site (the project site) (Scarlett Drive Onsite Mitigation Area), and restore 691 linear feet (0.79 acre) of wetland canal within Canal 2 on the Dublin Crossing Project site (Scarlett Drive Restoration Areas) (approximately 0.7 mile northeast of the project site). The relocated drainage ditches within the Scarlett Drive Onsite Mitigation Area would be monitored for mitigation success and managed in perpetuity as a discrete unit, separate from the restored canal. The Scarlett Drive Restoration Are would likewise be monitored for mitigation success as a discrete unit within the Dublin Crossing Mitigation Site boundaries, but would be incorporated into the Dublin Crossing Mitigation Site management regime, to be managed in perpetuity pursuant to the Dublin Crossing LTMP. Upon completion of the mitigation monitoring period established for the restored channel within the Scarlett Drive Restoration Areas, the restored areas will be incorporated into the management regime for the Dublin Crossing Mitigation Area. The Dublin Crossing LTMP was prepared to ensure the proposed mitigation is managed, monitored, and maintained in perpetuity. This Addendum (LTMP Addendum) has been prepared to incorporate mitigation areas specific to the Scarlett Drive/Iron Horse Trail Extension Project into the Dublin Crossing LTMP. This LTMP Addendum covers the 691 linear feet (0.79 acre) of restored canal within Canal 2 associated with the project. A separate Mitigation and Monitoring Plan (MMP) Addendum for the Scarlett Drive/Iron Horse Trail Extension Project -related mitigation has been prepared (MMP Addendum). The MMP Addendum is being submitted to the Corps, RWQCB, and CDFW concurrently with this LTMP for review and approval. Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC Long Term Management Plan 1 August 2020 SECTION 2. LOCATION AND DESCRIPTION OF SCARLETT DRIVE RESTORATION AREAS The approximately 157.6-acre Dublin Crossing development project site (wherein the Scarlett Drive Restoration Areas are located) is located within the 2,484-acre Parks Reserve Forces Training Area (Camp Parks) in the City of Dublin, Alameda County, California. The Scarlett Drive Restoration Areas are located within Canal 2, approximately 1.0 mile northeast of the interchange of Interstate Highways 580 and 680, immediately north of Dublin Boulevard and west of Arnold Road (Figure 1). Canal 2 is a partially encased, partially concrete -lined, trapezoidal channel that flows primarily along Arnold Road immediately east of the eastern boundary of the Dublin Crossing Mitigation Site. Because Canal 2 is highly disturbed, with significant portions lined by concrete and riprap, it is largely unvegetated with margins that are dominated by ruderal vegetation and ornamental trees. Canal 2 begins as a concrete -lined channel northeast of the Dublin Crossing Mitigation Site in the Tassajara Creek Regional Park. The 1961 USGS Quadrangle map shows an unnamed drainage near the beginning of this canal; Canal 2 was likely constructed to direct runoff from this drainage and the surrounding watershed to circumvent the proximal residential and commercial developments. The Scarlett Drive Restoration Areas were selected as a mitigation site for project -related impacts to their proximity to the impacted waters of the U.S./State (approximately 0.7 mile northeast of the impact site), and the ideal opportunity to restore the functions and values within the canal that have been lost due to placement of rip rap and concrete within the canal, as well as the historic management practices of the area within and adjacent to the canal. The restoration this canal, described in detail in the MMP Addendum, will restore the natural form and function of these features, and improve the functions and services they provide through the recontouring and revegetating of the banks via the implementation of a riparian planting plan. Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC Long Term Management Plan 2 August 2020 SECTION 3. LAND OWNERSHIP, FUNDING, AND LEGAL PROTECTION 3.1 LAND OWNER AND CONSERVATOR The Scarlett Drive Restoration Areas will be owned by the Zone 7 Water Agency (Zone 7), the public agency which will also act as Land Manager in accordance with the Dublin Crossing LTMP. Zone 7 will also act as the Land Conservator in accordance with the terms and conditions defined in Dublin Crossing LTMP, and the terms defined in the Deed Restriction for the Dublin Crossing Mitigation Site. 3.2 FUNDING An adequate funding mechanism will be in place to pay for the long-term management and monitoring obligations of the Land Manager prior to Project -related discharges into waters of the U.S./State. Table 1 summarizes the anticipated costs of long-term management for the Scarlett Drive Restoration Areas. These costs include estimates of additional time and funding needed to conduct and coordinate basic monitoring site surveys and reporting, weed abatement, trash removal, and infrastructure repair within the Scarlett Drive Restoration Areas, to be conducted concurrently with the maintenance and management tasks of the Dublin Crossing Mitigation Site. The total annual additional cost for required tasks has been estimated to be approximately $6,025. An additional 10% of annual costs has been added to this total as a contingency fund to pay for unanticipated items and activities necessary to meet the goal of the conservation area. Accordingly, the total required annual funding is anticipated to be approximately $6,627.50. The applicant is proposing to fund the operations and maintenance through monies deposited into the existing Dublin Crossing Mitigation Site Endowment account. It is expected that the capitalization of the endowment account balance (capitalization and principal) will reach an amount that will fully fund the annual operations and maintenance via endowment returns. At the ROI rate of 1.5%, in order to sufficiently fund the long-term maintenance and monitoring of the Scarlett Drive Mitigation Area within Canal 2, the total additional contribution to the Dublin Crossing Mitigation Site Endowment will be $380,000 (see Table 1). This account will mature (without withdrawal) during the performance monitoring period of the mitigation site (expected to be ten years) during which all management and maintenance responsibilities will be borne by the applicant. Zone 7 will hold the endowment principal and interest monies required in a Special Deposit Fund, and will only draw from the interest (or investment returns) (i.e., the endowment fund will be a non -wasting account capable of producing minimum returns to fund the long-term management and monitoring activities for the Scarlett Drive Restoration Areas in a manner consistent with the Dublin Crossing LTMP). 3.3 LEGAL PROTECTION The Scarlett Drive Restoration Areas will be set aside and protected by recorded deed restriction with the goal of keeping the canals in a condition that preserves their significant biological, hydrologic, and topographic features, as much as is reasonably possible, for the benefit of the land and for public enjoyment. The deed restrictions will be recorded with Alameda County, and will run with the land in perpetuity. The deed restrictions will limit land uses and management of the Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC Long Term Management Plan 3 August 2020 Scarlett Drive Restoration Areas to ensure protection of the biotic resources (i.e. protect conservation values). Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC Long Term Management Plan 4 August 2020 List of Figures Figure 1. Scarlett Drive/Iron Horse Trail Extension Project Mitigation Map Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC Long Term Management Plan August 2020 n 1. 1 • 1P. L _ • •• 1.1, �::= : • • • . *. Inset Map I w ' - si 4 M!1► I 7. sag ♦ • • �,�• " a e . ~N^ See Inset Map mrl i'j1, . 'i • • i •.I �. •••• •• ♦ •• • i••• . •�• $ s I l 4 . t le r--Y -J- ,, ;'.1»r.-,- _ I�.1_ --1i ; — Dublin Crossing Off -site Mitigation 1�.� •- . e.y •-_.••• 'iIM•i•i•isdrr ' _1-� H�R¢oN PKWY —J ' 0.119 ac. / 520 LF ! — HORIZON PKWY A 0 "' " I, I I Dublin Crossing Off site Mitigation � a ' eto --p 0 -1 ti -' ' • Dte 1 1 -i v ____.}1, J Channel:Scarlett0.024rive0ff-siac. / 354 LFMitigation 0.093 / 403 LF 1- -11 CENTRAL PKWY Riparian Area: 0.372 ac. ac. I t_ 1 0.062 ac. / 357 LF - t Dublin Crossing Off -site Mitigation • ' 0.046 ac. / 190 LF Z • 0.055ac./230LF z 0.091 ac / 525 LF _ r I ,l 11'1!• ,'• _ , .• CENTRAL PKWY •+•/� \ • to DUBLIN BLVD.;I` —71 , ` �a --- T ./ri t,z_t ice ' , Dublin Crossing Off -site Mitigation rn ♦ �r�.^ ' ! 5t. . • ',0\\{ —1.—-........4777 O -4 J� �• ��I l 4r I Ws��E y + �, s, �i i � 0 250 500 I I 1 0 150 300 I I I I f • SCALE IN FEET SCALE IN FEET ❑ Scarlett Drive Project Area (8.4 acres) Dublin Crossing Off -site Mitigation Restored Riparian Area San Ramon �• Pd ,�'R' "9° °`'� -51d B,�� r .„, - >`' 1 ° ': SCARLETT DRIVE/IRON HORSE TRAIL EXTENSION PROJECT Scarlett Drive On -site Mitigation (2,225 linear feet (0.466 acres)) � ,. m a A= ' Dublin, California Scarlett D Drainage Ditch Relocation: 2,225 linear feet (0.466 acre) Restored Channel Drive Off -site Mitigation (691 linear feet (0.790 acre)) i- 4 z °° I. a,.. cs,r° �I�=-�=— P� - A Inum,e -- Mitigation Map R Riparian Area Restoration (0.743 acre) Channel Restoration: 691 linear feet (0.047 acre) s cndq.p .9 a� s o cos, .Ave I. ...Aveasl Ave ,•''Hayward ny 3' _ 5,..,,,.y 51w. Livermore P on , m 1C8n'n .=I, rw'"tl BNn Pleasanton � e'Rd ^ Created/Revised: 10/11/2019 J Camino' List of Tables Table 1. Scarlett Drive Restoration Areas Long -Term Maintenance and Management Cost Table Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC Long Term Management Plan August 2020 Table 1. Scarlett Drive Mitigation Area within Canal 2 Long -Term Maintenance and Management Cost Table Estimated Additional Endowment Costs for Long -Term Resources Management Associated with the Scarlett Drive Mitigation Area within Canal 2 Activity/ Actions Required Responsibilit y Frequency Required Actions Required Unit Number of Units Cost Per Unit Cost Per Task Annual Cost Part 1. Monitoring and Management Costs Element A.1 - Aquatic Resources Monitor Aquatic Resources Element A.2 - Vegetation Monitoring Biologist Biannual (Wet Season/ Dry Season) Walking survey: documentation of erosion/sedimentation/debris, photodocumentation Hours 1 $ 135.00 $ 135.00 $ 270.00 Monitor Wetland Vegetation Monitoring Biologist Biannual (Wet Season/ Dry Season) Walking survey: documentation of plants/wildlife quantity and composition, photo -documentation Hours 1 $ 135.00 $ 135.00 $ 270.00 Monitor Riparian Vegetation Monitoring Biologist Biannual (Wet Season/ Dry Season) Walking survey: documentation of plants/wildlife quantity and composition, photo -documentation Hours 1 $ 135.00 $ 135.00 $ 270.00 Tree/Shrub Pruning Contract Manual Labor Annually Hand labor Hours 2 $ 100.00 $ 200.00 $ 200.00 Monitor Invasive Species Monitoring Biologist Biannual (Wet Season/ Dry Season) Walking survey: documentation and mapping of invasive species vegetative cover, research appropriate methods for removal, photodocumentation Hours 1 $ 135.00 $ 135.00 $ 270.00 Weed/Thatch Removal Contract Manual Labor Annually Hand labor/Mowing Hours 2 $ 100.00 $ 200.00 $ 200.00 Monitoring Biologist Once Every 3 Years Pre -mowing nesting bird survey: inspect all suitable nesting habitat to be directly or indirectly impacted by mowing, set up nondisturbance buffer if necessary Hours 2 $ 135.00 $ 270.00 $ 90.00 Addendum to the Dublin Crossing Long Term Management Plan Johnson Marigot Consulting, LLC August 2020 Element B.1 - Public Access Maintenance of Land Monthly Walking survey: assess condition of signs, coordinate necessary repairs or Hours 0.5 $ 150.00 $ $ 900.00 Signs Manager replacement 75.00 Maintenance of Land Annually Walking survey: assess condition of barriers to entry Hours 1 $ 150.00 $ $ 150.00 Barriers to Entry Manager (plants/infrastructure), coordinate necessary repairs or replacement 150.00 Element B.2 - Trash and Trespass Trash Land Monthly Walking survey: document trash location and extent, coordinate with City Hours 1 $ 150.00 $ $ 1,800.00 Manager of Dublin for removal efforts 150.00 Land Walking survey: document signs of tresspass, coordinate with City of $ Trespass Manager Annually Dublin for remedial efforts Hours 1 $ 150.00 150.00 $ 150.00 Element B.3 - Fire Hazard Reduction Contract Fuel Removal Manual Late Spring Hand labor/Mowing Hours 4 $ 100.00 $ $ 400.00 Labor 400.00 Pre -mowing nesting bird survey: inspect all suitable nesting habitat to be Monitoring Annually directly or indirectly impacted by mowing, set up nondisturbance buffer if Hours 2 $ 135.00 $ $ 270.00 Biologist necessary 270.00 Replacement Time and Materials LanSigns Mandager Annually Signs Sign 1 $ 200.00 $ 200.00 $ 200.00 LanMandager Annually Sign removal and installation Hours 1 $ 150.00 $ 150.00 $ 150.00 Planting Material Late Fall Shrubs Shrub 1 $ 135.00 $ 135.00 $ 135.00 Late Fall Trees Tree 1 $ 50.00 $ 50.00 $ 50.00 Poun Late Fall Seeds d of 1 $ 50.00 $ $ 50.00 Seeds 50.00 Contract Manual Late Spring Plant removal and installation Hours 2 $ 100.00 $ $ 200.00 Labor 200.00 Total Annual Itemized Costs $ 6,025.00 Addendum to the Dublin Crossing Long Term Management Plan Johnson Marigot Consulting, LLC August 2020 Contingency (Annual Costs) Contingency Land Manager Annually Fund to cover unanticipated items and activities necessary to meet the goal of the conservation area Items $6,025.00 10% $ 602.50 $ 602.50 Total Annual Costs with Contingency $ 6,627.50 Funding Income One Time Receive endowment funds and contribute to existing endowment for the Single Funding Zone 7 Payment Dublin Crossing Mitigation Site Payment $6,627.50 ROI 1.25% Endowment $ 380,000.00 Endowment Requirements for Annual Long -Term Management and Maintenance $ 380,000.00 Addendum to the Dublin Crossing Long Term Management Plan Johnson Marigot Consulting, LLC August 2020 List of Appendices Appendix A. Long -Term Management Plan, Dublin Crossing (prepared by Johnson Marigot Consulting, LLC., dated December 2016) Addendum to the Dublin Crossing Long Term Management Plan Johnson Marigot Consulting, LLC August 2020 Appendix A Long Term Management Plan, Dublin Crossing Addendum to the Dublin Crossing Long Term Management Plan Johnson Marigot Consulting, LLC August 2020 LONG-TERM MANAGEMENT PLAN DUBLIN CROSSING 620 6th Street Dublin, Alameda, California USACE File # SPN-2012-00103S CIWQS Place ID No. 812873 Date: April 5, 2017 Prepared by: Johnson Marigot Consulting, LLC Ms. Sadie McGarvey 88 North Hill Drive, Suite C Brisbane, California 94005 Prepared for: Dublin Crossing, LLC Ms. Trece Herder 4750 Willow Road, Suite 150 Pleasanton, California 94588 /111,11 JOHNSON MARIGOT CONSULTING, LLC DUBLIN CROSSING LONG-TERM MANAGEMENT PLAN CONTENTS SECTION 1. INTRODUCTION 1 1.1 Responsible Parties 1 1.1.1 Applicant / Permittee 1 1.1.2 Preparer of the Long -Term Management Plan 1 1.1.3 Onsite Mitigation Land Owner and Land Manager 2 SECTION 2. LOCATION AND DESCRIPTION RESTORATION AND ENHANCEMENT AREAS 3 2.1 Surrounding Land Use 3 SECTION 3. LAND OWNERSHIP, FUNDING, AND LEGAL PROTECTION 6 3.1 Land Owner and Conservator 6 3.2 Existing Easements 6 3.3 Funding 6 3.4 Legal Protection 10 SECTION 4. MONITORING AND MANAGEMENT 11 4.1 Personnel 12 4.1.1 Land Manager 12 4.1.2 Monitoring Biologist 13 4.2 Methods 13 4.2.1 Establishment of Baseline Conditions 13 4.2.2 General Site Inspections 14 4.2.3 Assessment of Impacts 14 4.2.4 Management 14 4.2.5 Task Prioritization 15 4.3 Reporting 15 SECTION 5. BIOLOGICAL RESOURCES 16 5.1 Element A.1- Aquatic Resources 16 5.2 Element A.2- Vegetation 17 5.2.1 Seasonal Wetland and Riparian Vegetation 17 5.2.3 Non -Native Invasive Species 18 SECTION 6. SECURITY, SAFETY, AND PUBLIC ACCESS 20 6.1 Element B.1 - Public Access 20 6.2 Element B.2 - Trash and trespass 21 6.3 Element B.3 - Fire Hazard Reduction 21 6.4 Element B.4 - Emergencies 21 SECTION 7. PROHIBITED ACTIVITIES 23 SECTION 8. TRANSFER, REPLACEMENT, AMENDMENTS, AND NOTICES 25 8.1 Transfer 25 8.2 Replacement 25 8.3 Amendments 25 8.4 Notices 25 LIST OF FIGURES Figure 1. Project Site and Vicinity Map Figure 2. Restoration and Enhancement Areas Map LIST OF TABLES Table 1. Site Management and Monitoring Activities, Level of Effort, Frequency and Cost LIST OF APPENDICES Appendix A. Deed Restriction Template Appendix B. Dublin Crossing City Easement Area Exhibit Appendix C. Baseline Condition Report and As -Built Map (Current Proposed Plans, to be replaced upon completion of success monitoring) SECTION 1. INTRODUCTION This Long -Term Management Plan (LTMP) has been established as part of compensatory mitigation for unavoidable impacts to waters of the U.S. associated with the Dublin Crossing Project, and to conserve and to protect aquatic resources with the restored, enhanced, and protected areas within the Dublin Crossing Project site ("Restoration and Enhancement Areas"). Aquatic resources within the Restoration and Enhancement Areas will include a minimum of 0.70 acre of seasonal wetlands and 3,314 linear feet of other waters of the U.S./State. This LTMP has been prepared to ensure the proposed mitigation is managed, monitored, and maintained in perpetuity. This LTMP establishes objectives, priorities and tasks to monitor, manage, maintain, and report on the aquatic resources within the Restoration and Enhancement Areas. This LTMP is a binding and enforceable instrument, implemented by a deed restriction covering the Restoration and Enhancement Areas. This LTMP covers the 1960 linear feet of restored and enhanced canals and 0.34 acre of created seasonal wetland within the 5.47-acre Chabot Canal (aka, "Canal 1") Restoration and Enhancement Area and the 1354 linear feet of restored and enhanced canals and 0.36 acre of created seasonal wetland within the 0.42-acre Canal 2 Restoration Area and the 2.03-acre Canal 2 Enhancement Area (totaling 7.92 acres and collectively referred to as the Restoration and Enhancement Areas). A separate Mitigation and Monitoring Plan (MMP) has been prepared for the wetlands and canals that are being created, enhanced, and restored in association with the Dublin Crossing Project. The MMP is being submitted to the Corps, RWQCB, and CDFW concurrently with this LTMP for review and approval. 1.1 RESPONSIBLE PARTIES 1.1.1 APPLICANT/PERMITTEE Dublin Crossing, LLC Ms. Trece Herder 4750 Willow Road, Suite 150 Pleasanton, California 94588 1.1.2 PREPARER OF THE LONG-TERM MANAGEMENT PLAN Johnson Marigot Consulting, LLC 88 North Hill Drive, Suite C Brisbane, CA 94005 Dublin Crossing 1 Johnson Marigot Consulting, LLC Long -Term Management Plan April 2017 Contact: Cameron Johnson, Principal (415) 602-2970 1.1.3 ONSITE MITIGATION LAND OWNER AND LAND MANAGER Zone 7 Water Agency 100 North Canyons Parkway Livermore, CA 94551 Contact: Carol Mahoney, Manager of Integrated Water Resources (925) 454-5064 Dublin Crossing 2 Johnson Marigot Consulting, LLC Long -Term Management Plan April 2017 SECTION 2. LOCATION AND DESCRIPTION RESTORATION AND ENHANCEMENT AREAS The approximately 157.6-acre Dublin Crossing development project site (wherein the Restoration and Enhancement Areas are located) is located within the 2,484-acre Parks Reserve Forces Training Area (Camp Parks) in the City of Dublin, Alameda County, California. The project site is located approximately 1.0 mile northeast of the interchange of Interstate Highways 580 and 680, immediately north of Dublin Boulevard and northeast of the Iron Horse Regional Trail (Figure 1). Two canals transect the Dublin Crossing development project site, flowing roughly northeast to southwest through the center (Chabot Canal) and southeast corner (Canal 2) of the development project site. The northernmost segment of Canal 2 occurs outside the development project boundary, but a portion of the canal occurs within the development project envelope, and impacts and the associated restoration will occur within the Canal 2 Restoration Area. Both canals are channelized and highly disturbed, partially concrete - lined and partially rip -rap enforced. The restoration, enhancement, and creation of seasonal wetlands within these canals, described in detail in the MMP, will restore the natural form and function of these features, and improve the functions and services they provide through the recontouring and revegetating of the banks via the implementation of a riparian and wetland planting plan (Figure 2). 2.1 SURROUNDING LAND USE The greater Dublin area has experienced significant growth since its incorporation in 1982 (approximately 93% since 1990; 46% since 2000), with much of the resulting residential and commercial development focused in the vicinity of the project site and eastward. Immediately surrounding Camp Parks, intensive residential development has occurred and continues to expand along Tassajara Road and Camino Tassajara to the northeast, Bollinger Canyon Road and Windermere Parkway to the north, and Dublin Boulevard to the southeast. Currently much of the area surrounding the project site, as well as the larger Camp Parks site, is largely developed lands under relatively dense residential and/or commercial use. Dublin Crossing 3 Johnson Marigot Consulting, LLC Long -Term Management Plan April 2017 Figure 1. Project Site and Vicinity Map Dublin Crossing Long -Term Management Plan 4 Johnson Marigot Consulting, LLC April 2017 Figure 2. Restoration and Enhancement Areas Map IIIIIIIIIIII IDI 1111 IIII IBI INI di •I ICE � .■�,� -_�Iry r;tirtir.ar+r;titi _ON Nis r. •1 ~it .1 4:11 L,II III T .r %.-113 trsikpr LEGEND: wm . awe ) - 0 "1M NO CITY MAINTAINED CULVERT (WITH EASEMENTS AS NEEDED) CITY MAINTAINED BRIDGE IAMB iJn 14-1 MMus CITY MAINTAINED CULVERT Rai riFal rr11lIlrr++II �nnlILl IMagi ■i 0.19*- ACRE SEASONAL WETLAND IBM 73 ■I1MAIM rlrla.3 .1, ram■ I.11 •11 IN T/, WI AM Wol WA IA IME CU, Ali ■■, .■ ■■. ■■. ■■ ■■. ■o. L■1w■J Obi _i JUIL p■ rw■J r■. +rrr Li+ • 1 NMI ILe ■• ■11 •■r ■11 ■■ .1, .11 I�.uuuu�r.� IIF•rII'IIIW lull: ■■ NEB . L■�w■J EE ta 000 11 ‘i 000 141-111 WM NM 73 4LJ(t ,i rriaM E•m. ■ CITY NNTAINED CULVERT ■_I EtwiD ■11 V...' . '721 r T?T CITY MAINTAINED CULVERT �_- 193± LF 1126* LF I 249, LEI IIIIIIIIIIt IIIIIIIIu �� dill I� "ill ilk - IIIIIIIIII IIIIIIIIII III11111p MOWN _ al PRESERVE AREA WITH DEED RESTRICTION (CANAL 1 - 1960± LF & 0.35,- ACRE SEASONAL WETLANDS, CANAL 2 - 1354! LF & 0.37* ACRE SEASONAL WETLANDS) ••••••DUBLIN CROSSING PROJECT BOUNDARY I � - 150' E, LI 140± LF 1846± LF I 0.37± ACRE SEASONAL WETLANDS SHEET 1 OF 2 DUBLIN CROSSING APPENDIX D EXHIBIT , OF DUBLIN CALIFORNIA MACKAY MSNIPS PrfirviON I ix-001,12017 ,80 No. 0 Ioce P.\19814\RLN\DN-f\RNNI1 DNI(tli\DH{MNL I s 2 wPDdM-0.GxG SECTION 3. LAND OWNERSHIP, FUNDING, AND LEGAL PROTECTION 3.1 LAND OWNER AND CONSERVATOR It is anticipated that the Restoration and Enhancement Areas will be owned by the Zone 7 Water Agency (Zone 7), the public agency which will also act as Land Manager in accordance with this LTMP. Zone 7 will also act as the Land Conservator in accordance with the terms and conditions defined in this Management Pan, and the terms defined in the Deed Restriction for the Restoration and Enhancement Areas. As Land Conservator, Zone 7 will be responsible for the conservation of the Restoration and Enhancement Areas to meet conservation goals. The Restoration and Enhancement Areas will be encumbered with a deed restriction, recorded with the County of Alameda, to run with the land in perpetuity. The deed restriction will limit land uses and management of the Restoration and Enhancement Areas to ensure protection of the biotic resources (i.e. protect conservation values). A copy of the deed restriction template is included as Appendix A. 3.2 EXISTING EASEMENTS Due to the proximity of the Restoration and Enhancement Areas to a City -owned park and adjacent residential and commercial uses, an easement will be granted to the City of Dublin to allow for access through a section of the Restoration and Enhancement Areas for active maintenance activities (generally including clean-up, abatement of garbage, and maintenance of infrastructure), as well as emergency ingress and egress. This easement will be recorded on Chabot Canal between Horizon Parkway and Scarlett Drive (Appendix B). Maintenance activities are described below. 3.3 FUNDING An adequate funding mechanism will be in place to pay for the long-term management and monitoring obligations of the Land Manager prior to Project -related discharges into waters of the U.S. Table 1 summarizes the anticipated costs of long-term management for the Restoration and Enhancement Areas. These costs include estimates of time and funding needed to conduct and coordinate basic monitoring site surveys and reporting, weed abatement, trash removal, and infrastructure repair. As the Restoration and Enhancement Areas are completely surrounded by residential and municipal uses, the majority of the expected long-term maintenance costs are related to clean-up and monitoring activities - there are no projected significant costs related to installation and maintenance of fencing. In addition, although it is not reflected in this document, the City of Dublin is expected to contribute directly to maintenance activities within the Restoration and Enhancement Areas, primarily related to clean-up and abatement of garbage, and maintenance of established trails. Dublin Crossing 6 Johnson Marigot Consulting, LLC Long -Term Management Plan April 2017 The total annual cost for required tasks has been estimated to be approximately $20,615 for the first three years of long-term monitoring and management (wherein annual reporting is required) and $18,255 for Monitoring Year 4 and beyond (wherein required reporting reduces to every three years). An additional 15% fee has been added to these totals for administrative fees. Accordingly, the total required annual funding is anticipated to be $23,707 for the first three years of long-term monitoring and management and $20,993 for Monitoring Year 4 and beyond. The applicant and Zone 7 Water Agency, are proposing to fund the operations and maintenance through monies deposited into an endowment account. It is expected that the capitalization of the endowment account balance (capitalization and principal) will reach an amount that will fully fund the annual operations and maintenance via endowment returns. At an average annual funding rate of $21,000, and a projected 3.5% return rate, the total endowment amount required will be $600,000. Zone 7 will hold the endowment principal and interest monies required in a Special Deposit Fund, and will only draw from the interest (or investment returns) (i.e., the endowment fund will be a non -wasting account capable of producing minimum returns to fund the long-term management, enhancement, and monitoring activities for the Restoration and Enhancement Areas in a manner consistent with this LTMP). The additional maintenance that will be performed by the City (trash removal) has already been funded through a cash endowment that the project is required to fund for park maintenance through its Development Agreement. Dublin Crossing 7 Johnson Marigot Consulting, LLC Long -Term Management Plan April 2017 Monitor Wetland Vegetatic Monitor Riparian Vegetation Tree/Shrub Pruning Monitor Invasive Species Weed/Thatch Removal Table 1. Site Management and Monitoring Activities, Level of Effort, Frequency and Cost. General Site Management & Monitoring Activities Description Staff Level of Effort Cost per Unit Cost per Task Schedule Annual Cost Reporting *broken into two sections based on monitoring year Long-term Monitoring Years 1-3 Long-term Monitoring Years 4+ Prepare required documentation for submittal to permitting agencies Review monitoring reports, prescribe LTMP alterations based on data collected, Agency coordination Prepare required documentation for submittal to permitting agencies Review monitoring reports, prescribe LTMP alterations based on data collected, Agency coordination Element A.1 - Aquatic Resources Monitor Aquatic Resources Walking survey: documentation of erosion/sedimentation/debris, photo - documentation Element A.2 - Vegetation Walking survey: documentation of plants/wildlife quantity and composition, photo -documentation Walking survey: documentation of plants/wildlife quantity and composition, photo -documentation Hand labor Walking survey: documentation and mapping of invasive species vegetative cover, research appropriate methods for removal, photodocumentation Hand labor/Mowing Pre -mowing nesting bird survey: inspect all suitable nesting habitat to be directly or indirectly impacted by mowing, set up non - disturbance buffer if necessary Monitoring Biologist Land Manager Monitoring Biologist Monitoring Biologist Monitoring Biologist Monitoring Biologist Monitoring Biologist Contract Manual Labor Monitoring Biologist Contract Manual Labor Monitoring Biologist 32 hours 4 hours 48 hours 8 hours 4 hours 2 hours 2 hours 16 hours 4 hour 32 hours 6 hours $135/hour $150/hour $135/hour $150/hour $4,320 $600 $6,480 $1,200 Annually; due August 15 Annually; due August 15 Every 3 Years; due August 15 Every 3 Years; due August 15 $4,320 $600 $2,160 $400 Biannual (Wet $135/hour $540 Season/ Dry $1,080 Season) Biannual (Wet $135/hour $270 Season/ Dry $540 Season) $135/hour $100/hour $135/hour $100/hour $135/hour $270 $1,600 $540 $3,200 $810 Biannual (Wet Season/ Dry $540 Season) Annually $1,600 Biannual (Wet Season/ Dry $1,080 Season) Annually $3,200 Once Every 3 Years $270 Element B.1 - Public Access Maintenance of Signs Walking survey: assess condition of signs, Land Manager 2 hours $150/hour $300 Annually $300 coordinate necessary repairs or replacement Maintenance of Barriers Walking survey: assess condition of barriers to Entry to entry (plants/infrastructure), coordinate Land Manager 2 hours $150/hour $300 Annually $300 necessary repairs or replacement Element B.2 - Trash and Trespass Walking survey: document trash location Trash and extent, coordinate with City of Dublin Land Manager 2 hours $150/hour $300 Monthly $3,600 for removal efforts Walking survey: document signs of Trespass tresspass, coordinate with City of Dublin for Land Manager 2 hours $150/hour $300 Annually $300 remedial efforts Element B.3 - Fire Hazard Reduction Fuel Removal Hand labor/Mowing Contract Manual Labor 24 hours $100/hour $2,400 Late Spring $400 Pre -mowing nesting bird survey: inspect all suitable nesting habitat to be directly or indirectly impacted by mowing, set up non- Monitoring Biologist 6 hours $135/hour $810 Yearly $810 disturbance buffer if necessary Replacement Time and Materials Signs Planting Material Signs 1 Sign $200/sign $200 Annually $200 Sign Removal and Installation Land Manager 2 hours $150/hour $300 Annually $300 Shrubs/Trees/Seeds 1 Tree $50/tree $50 Late Fall $50 3 Shrubs $25/shrub $75 Late Fall $75 5 lbs of Seed $50/lb $250 Late Fall $250 Plant Removal and Installation Contract Manual Labor 8 hours $100/hour $800 Late Spring $800 Subtotal for Monitoring Years 1-3 $20,615 Zone 7 Administration 15% $3,092 Total Annual Cost for Monitoring Years 1-3 $23,707 Subtotal for Monitoring Years 4+ $18,255 Zone 7 Administration 15% $2,738 Total Annual Cost for Monitoring Years 4+ $20,993 3.4 LEGAL PROTECTION The restored and enhanced canals (including the created wetlands) will be set aside and protected by recorded deed restriction with the goal of keeping the canals and the aquatic resources therein in a condition that preserves their significant biological, hydrologic, and topographic features, as much as is reasonably possible, for the benefit of the land and for public enjoyment. The deed restrictions will be recorded with Alameda County, and will run with the land in perpetuity. The deed restrictions will limit land uses and management of the Restoration and Enhancement Areas to ensure protection of the biotic resources (i.e. protect conservation values). A copy of the Deed Restriction template is included in Appendix A. Dublin Crossing 10 Johnson Marigot Consulting, LLC Long -Term Management Plan April 2017 SECTION 4. MONITORING AND MANAGEMENT The overall goal of long-term management of the Restoration and Enhancement Areas is to foster the long-term viability of the site's aquatic resources and restored riparian habitat. Routine monitoring and maintenance tasks are intended to assure the viability of the mitigation in perpetuity. The approach to the long-term management of the site's biological resources is to conduct biannual site evaluations and monitoring of selected characteristics to determine the stability and ongoing trends of the restored and enhanced aquatic resources. While it is not anticipated that major management actions will be required, one objective of long-term management is to identify any issues that arise and use adaptive management to determine what actions might be appropriate. "Adaptive Management" is an approach to natural resource management which incorporates changes to management practices based on site -specific information gathered over time in association with the development of new management technologies and practices. This approach will allow the Land Manager to make changes to standard management techniques/practices to support specific land management goals for the Restoration and Enhancement Areas. Adaptive management may also include those activities necessary to address the effects of climate change, fire, flood, or other natural events, force majeure, etc. Before considering any adaptive management changes to the long-term management plan, the Land Manager will consider whether such actions will help ensure the continued viability of Restoration and Enhancement Areas' biological, hydrological, and physical resources, and whether the changes support the goal of maintaining (or improving upon) the established baseline condition. Any adaptive management that significantly changes the overall land management goal or deviates from the Baseline Condition (see Section 4.2.1, below), must be conducted in conjunction with consultation with the agencies overseeing the required mitigation in the Restoration and Enhancement Areas (USACE, RWQCB, and CDFW) (permitting agencies). The Land Manager will manage the Restoration and Enhancement Areas so that they continue to provide the suite of physical, chemical, and biological functions associated with the restored, enhanced, and created aquatic resources and vegetation. All monitoring and survey activities are intended to inform the Land Manager and the permitting agencies on the on -going status of the Restoration and Enhancement Areas, to inform whether management goals are being met, whether management activities need to be modified, and to report on on -going costs associated with management. Dublin Crossing 11 Johnson Marigot Consulting, LLC Long -Term Management Plan April 2017 4.1 PERSONNEL The Land Conservator and Manager, Monitoring Biologist, and/or other qualified personnel are the primary personnel that will cooperatively oversee, monitor, and coordinate the maintenance of the Restoration and Enhancement Areas. These entities will work together to accomplish the management of the Restoration and Enhancement Areas by performing their individual duties (outlined herein) and exchanging information. These roles are outlined below; all positions are expected to be filled by Zone 7 personnel or its designates. 4.1.1 LAND MANAGER It is anticipated that the Restoration and Enhancement Areas will be managed by Zone 7 pursuant to this LTMP. It is the Land Manager's duty to implement this LTMP, managing and monitoring the Restoration and Enhancement Areas in perpetuity to preserve their habitat and conservation values in accordance with the deed restriction. The Land Manager is intended to be the primary responsible party for all aspects of land management pursuant to this LTMP, and will coordinate with the City of Dublin, the Monitoring Biologist, and the Regulatory Agencies as necessary to meet management goals. The Land Manager will act as the primary point of contact regarding the Restoration and Enhancement Areas and their management, and will provide the qualifications of all management parties, including the Land Manager, designated Monitoring Biologist(s), and any other parties employed for purposes of monitoring or management to the permitting agencies. The Land Manager will maintain a file for all monitoring, maintenance, and management information for the Restoration and Enhancement Areas. This file will include a record of all management and maintenance -related activities, correspondence, and biological determinations regarding the Restoration and Enhancement Areas, in addition to a copy of the Deed Restriction and the most updated version of the LTMP. Long-term management tasks will include, but not be limited to, the following: • Biannual Monitoring - Biological baseline monitoring - Vegetation monitoring - Habitat function and value monitoring • Active management to meet Management Goals - Invasive plant/animal management - Fire (fuel) management - Maintenance of infrastructure/signage - Garbage removal/vandalism Dublin Crossing 12 Johnson Marigot Consulting, LLC Long -Term Management Plan April 2017 - Sedimentation/erosion - Infrastructure maintenance • Corrective action to ensure the performance of habitats within the Restoration and Enhancement Areas • Other responsibilities identified in the Baseline Condition report 4.1.2 MONITORING BIOLOGIST The Land Manager will coordinate biannual monitoring surveys of the site, to be conducted by a qualified biological monitor (Monitoring Biologist). The Monitoring Biologist will have the knowledge, training, and experience to accomplish monitoring responsibilities. The Monitoring Biologist will collect and review monitoring data and coordinate with the Land Manager to determine appropriate management actions. Monitoring Biologist tasks will include, but not limited to, the following: • Conduct site surveys to evaluate general site conditions • Conduct aquatic resource assessment • Conduct native and invasive vegetation assessment • Recommend remedial action to the Land Manager • Prepare reports required by this LTMP • Assist in reviewing or planning restoration activities 4.2 METHODS 4.2.1 ESTABLISHMENT OF BASELINE CONDITIONS At the end of the 10-year success monitoring period, a detailed report outlining the condition of the Restoration and Enhancement Areas will be prepared. In addition to a qualitative discussion of general site conditions, this report will include the post- restoration/enhancement confirmed jurisdictional determination map (to be prepared prior to agency sign -off on the mitigation project), vegetation map showing distribution of vegetation types, and an outline of management recommendations based on the data and observations collected during the 10 years of success monitoring. The success monitoring described in the MMP and the preparation of a Baseline Conditions Report is the responsibility of the applicant and not the responsibility of the Land Manager. An As -Built map will be prepared to document the location of installed structures and activity areas (as approved by the agencies). The As -Built map will include the following: location of all bridges (vehicle and pedestrian), trails, access roads, access control structures (fences, gates, bollards, etc.), Zone 7 access ramps, and any other structures or activity areas that have been located within the limits of the Restoration and Enhancement Areas. Dublin Crossing 13 Johnson Marigot Consulting, LLC Long -Term Management Plan April 2017 The Baseline Conditions Report and as -built map will be placed into Appendix C of this LTMP prior to transfer of the Restoration and Enhancement Areas to Zone 7. The current proposed plans have been included in Appendix C for reference, but will be replaced with the above referenced report/maps. These site conditions, present within the Restoration and Enhancement Areas at the time of agency and Zone 7 sign -off, will serve as baseline data for the maintenance and monitoring efforts outlined in this LTMP. The Land Manager will, at a minimum, commit to maintenance of the baseline conditions, but will endeavor to improve site conditions beyond existing conditions when practicable. 4.2.2 GENERAL SITE INSPECTIONS At least two annual site surveys will be conducted to ensure the integrity of the Restoration and Enhancement Areas. The entire perimeter of the Restoration and Enhancement Areas will be inspected, and meandering transects will be walked through its interior; each created wetland will also be inspected during each site visit. During each site visit, photographs will be taken from the photo points established during the success monitoring period and other locations throughout the Restoration and Enhancement Areas that document current site conditions. General topographic conditions, hydrology, erosion, and vegetation cover and composition (including invasive species) will be noted, evaluated, and mapped during site examinations. General maintenance needs, trash accumulation, and vandalism will also be noted during these surveys. Site surveys will be conducted once in the wet season (roughly October through April) and once in the dry season (roughly May through September). Site conditions observed during site surveys will be compared to baseline conditions to determine the need for maintenance and/or remediation. 4.2.3 ASSESSMENT OF IMPACTS The Land Manager, Monitoring Biologist, and/or other qualified personnel, will assess any impacts to the Restoration and Enhancement Areas observed during site surveys. Through this assessment, it will be determined if immediate remediation is warranted, or if further monitoring of the impact should be conducted. If impacts to the Restoration and Enhancement Areas are observed, more frequent inspections will be conducted in order to more closely track the impact and/or ensure that remedial actions are effective. Corrective actions may range from agency enforcement against persons responsible, to simple removal of the source of impact (or the removal of material directly), to no action at all. 4.2.4 MANAGEMENT Minor corrective measures not requiring notification or approval from permitting agencies will be carried out by the Land Manager within 60 days of initial documentation, unless site Dublin Crossing 14 Johnson Marigot Consulting, LLC Long -Term Management Plan April 2017 conditions warrant delay (e.g., saturated soil conditions could reduce ability to make minor repairs, as such, it may be necessary to delay work until conditions improve). For larger corrective measures, requiring notification or approval from permitting agencies, the Land Manager will commence coordination with permitting agencies regarding necessary actions within 30 days of initial documentation. Significant impacts that require restorative grading followed by replanting will require approval of a restoration plan by the permitting agencies prior to implementation. 4.2.5 TASK PRIORITIZATION If new tasks or unforeseen circumstances are added to this LTMP in the future, prioritization of tasks (including tasks resulting from new requirements) may be necessary. The Land Manager will review task priorities and funding availability to determine which tasks will be implemented within a given year. In general, tasks are prioritized in this order: 1) required by a local, state, or federal agency; 2) tasks necessary to maintain or remediate habitat quality; and 3) tasks that monitor resources, particularly if past monitoring has not shown downward trends. Equipment and materials necessary to implement high priority tasks will also be considered priorities. Final determination of task priorities in any given year where there may be insufficient funding for all tasks will be determined in consultation with the permitting agencies. 4.3 REPORTING In order to document monitoring and maintenance techniques and findings, annual summary reports will be prepared and submitted for the first three years following the success monitoring period (and following agency release of success criteria). Upon establishment of the successful baseline condition (sign -off of completed mitigation by agencies), the transfer of all maintenance duties and responsibilities from the applicant to the Land Manager will be completed. After the three years of annual reporting have been completed, reporting will be reduced to once every three years. Reports will be completed and circulated to the permitting agencies and other parties by August 15 of each year. Reports will include the following components: • An overview of monitoring techniques and results • A comparison of qualitative and quantitative data taken during the monitoring period to baseline conditions and previous years • Photographs taken from photo stations and other locations that document the existing conditions of the Restoration and Enhancement Areas and their biological resources • Management recommendations Dublin Crossing 15 Johnson Marigot Consulting, LLC Long -Term Management Plan April 2017 SECTION 5. BIOLOGICAL RESOURCES The 7.92 acres within the Restoration and Enhancement Areas include 3,314 linear feet of enhanced and restored canal, supporting the same linear footage of other waters and 0.70 acre of created seasonal wetland, will collectively provide high -quality habitat for a number of plant and animal species. Biological monitoring of the Restoration and Enhancement Areas will occur in order to ensure that restored, enhanced, and created habitats continue to have appropriate vegetation composition and hydrology, to monitor the impact of anthropogenic influences, and to document natural successional changes to the Restoration and Enhancement Areas (e.g., recruitment of new plant species, alterations in channel sinuosity, etc.). As this plan lays out the long-term goals and management efforts for biological resources within the Restoration and Enhancement Areas, it is important to consider the natural processes that will impact these resources over time. It is likely that over time the sinuosity of the low -flow channel in the creek and canal will change, as allowed, within the confines of the banks. Similarly, over time, sediment transport within the creek and canal may cause minor changes in the location and size of the wetland features. In the absence of major erosion/aggradation that would lead to a decline in the biological functions and services of the Restoration and Enhancement Areas, or pose a safety hazard, these natural processes will be documented and allowed to proceed unimpeded. 5.1 ELEMENT A.1- AQUATIC RESOURCES Objective: Monitor, conserve, and maintain the mitigation site's aquatic resources. The creek channel, created wetlands, and riparian habitat present throughout the Restoration and Enhancement Areas has been restored, enhanced, and/or created to the benefit of the local watershed and biotic community, and has been designed to support a variety of native plants and animals. The aquatic resources within the Restoration and Enhancement Areas will be monitored and maintained to preserve conservation value and function, as established by baseline conditions. The main sources of potential impacts to aquatic resources within the Restoration and Enhancement Areas have been identified as erosion, sediment input, and debris accumulation within the restored and enhanced channels due to storm events and trespass. Tasks: • Each site survey will include a qualitative assessment of general hydrological condition, potential sources of pollutants that could impact water quality (e.g., oil/grease spills, loose soil that could be washed into the waterways), and potential or observed erosion in the form of headcuts, knickpoints, and/or erosional gullies and rilling. If erosion is Dublin Crossing 16 Johnson Marigot Consulting, LLC Long -Term Management Plan April 2017 observed, the Monitoring Biologist will determine the extent to which the erosion is likely to impact the Restoration and Enhancement Areas in an average rain year, and what management actions are necessary, if any. • Minor erosion should be corrected promptly with minor grading and reseeding with native hydroseed mixes, use of straw wattles, erosion control blankets, and other erosion control methods. Severe erosion control efforts may, on occasion, be necessary; in cases where these efforts trigger permitting requirements, the Land Manager will be required to attain regulatory permits. • When insufficiently managed, the flow of landscaping and storm water runoff from adjacent roadways and development can adversely impact the health of riparian plantings. When possible, the Land Manager will work to re -direct these nuisance flows such that natural hydrology can be restored. • Obstacles that may diminish the canals' ability to convey stormwater flows will either be removed immediately, or arrangements will be made to remove said obstacles as soon as is feasible. 5.2 ELEMENT A.2- VEGETATION Vegetation management will be conducted in light of baseline conditions of the Restoration and Enhancement Areas. Accordingly, vegetation will be managed to maintain the conservation value of the Restoration and Enhancement Areas, based on site conditions and data acquired through monitoring. 5.2.1 SEASONAL WETLAND AND RIPARIAN VEGETATION Objective: Monitor and manage vegetation to ensure continued survival of riparian habitat and seasonal wetland conditions throughout the Restoration and Enhancement Areas. Seasonal wetland and riparian communities occurring within the Restoration and Enhancement Areas may provide suitable habitat for various common and special -status plant and wildlife species. The riparian buffer and linear wetland features also protect the channel from siltation and runoff as well as erosive flows. As such, it is important to maintain sufficient and appropriate seasonal wetland and riparian vegetative quality and cover to provide necessary ecological and structural stability within the Restoration and Enhancement Areas. Tasks: • Each site survey will include a qualitative assessment (visual estimate of cover, composition, and health) of riparian vegetation. Additional actions deemed necessary to maintain the diversity and heath of riparian vegetation will be evaluated and prioritized. • If any of the native trees within the Restoration and Enhancement Areas become Dublin Crossing 17 Johnson Marigot Consulting, LLC Long -Term Management Plan April 2017 diseased and are a threat to other trees, removal will be allowed upon receipt of appropriate approvals from permitting agencies. Suitable mitigation for tree removal will be prescribed, approved by permitting agencies, and implemented by the Monitoring Biologist. • Landscaping that is adjacent to the restored and enhanced canals may have adverse effects on vegetation within the Restoration and Enhancement Areas. For example, if hydroperiod is artificially extended (e.g., by runoff from landscaping), the seasonality of the wetland vegetation and riparian vegetation may be effected, which could in turn affect the wetlands' and riparian buffer's ability to intercept flashy flows. Similarly, runoff from up -slope and/or upstream development projects may have the effect of altering the timing and volume of discharge of water which may alter the vegetative composition. The Land Manager will make reasonable efforts to control the effects of adjacent land uses on the Restoration and Enhancement Areas by controlling buffer space where possible, and by controlling runoff into Restoration and Enhancement Areas where it does not support the management goals. The Land manager will coordinate these efforts with the City of Dublin. 5.2.3 NON-NATIVE INVASIVE SPECIES Objective: Monitor and maintain control over non-native invasive species that diminish site quality. Invasive species threaten the diversity and abundance of native species through competition for resources, predation, parasitism, interbreeding with native populations, transmitting diseases, or causing physical or chemical changes to the invaded habitat. Prior to restoration and enhancement efforts, portions of the Restoration and Enhancement Areas have been dominated by a number of invasive species, some of which have become naturalized. Although the creeks will have been reconstructed and revegetated, it is likely that at some point, invasive species will disperse to the Restoration and Enhancement Areas, threatening the conservation values of the Restoration and Enhancement Areas. The California Invasive Plant Council (Cal-IPC) has prepared a list of non-native invasive plants that threaten the state's wildlands and categorized these species based on an assessment of the ecological impacts of each plant (i.e., the California Invasive Plant Inventory). The California Invasive Plant Inventory (Cal-IPC Inventory) categorizes plants as High, Moderate, or Limited, reflecting the level of each species' negative ecological impact in California. The Land Manager will consult the Cal-IPC Inventory for guidance on what species may threaten the site, and, as recommended by the Cal-IPC, focus efforts on early detection of invasive species as the most effect management approach to effectively eradicate invasive plant populations when they are small. Dublin Crossing 18 Johnson Marigot Consulting, LLC Long -Term Management Plan April 2017 In addition to the Cal-IPC Inventory, the University of California Statewide Integrated Pest Management Program (UC-IPM) provides a comprehensive list of and treatment/management prescriptions for invasive species. The Land Manager will consult this program for guidance on removal and management of invasive species, and these Integrated Pest Management (IPM) techniques (biological, mechanical, chemical, and combinations of these techniques) will be implemented as deemed necessary. Tasks: • Each site survey will include a qualitative assessment (e.g. visual estimate of cover) of potential or observed noxious weeds or other non-native species invasions. The Biological Monitor will evaluate the presence of invasive plant species during site surveys and recommend removal as necessary. Species management requires knowledge of the biology of the species, the available methods for controlling them, and the secondary effects of these methods; removal may be accomplished by hand, mechanical means, or restricted use of herbicides, as recommended by Cal-IPC and UC- IPM. • Thatch and non-native plant removal will be conducted at least once every three years. Mowing is an appropriate method of thatch removal in smaller open spaces. To be effective, cut material must be removed from the site after mowing is complete. When possible, mowing should be scheduled in coordination with invasive species control. To reduce the introduction of invasive plants by incidental transport of seed materials, all mowing equipment must be inspected and cleaned prior to entry into the open space. If mowing is to occur during the nesting season, a nesting bird survey will be conducted and survey notes/results will be included in the reports submitted to the permitting agencies. If nests are observed within the areas to be mowed, or in close proximity (50 feet for passerines and 200 feet for raptors) to the areas to be mowed, a non - disturbance buffer will be established by a qualified biologist, wherein mowing will not occur until the nestlings have fledged. If no nests are observed within the areas to be mowed, or in close proximity (50 feet) to the areas to be mowed, mowing may proceed. Dublin Crossing 19 Johnson Marigot Consulting, LLC Long -Term Management Plan April 2017 SECTION 6. SECURITY, SAFETY, AND PUBLIC ACCESS 6.1 ELEMENT B.1 - PUBLIC ACCESS Objective: Provide for safe, low -intensity public access and enjoyment of the Restoration and Enhancement Areas, while protecting aquatic resources and restored/enhanced habitat. While natural spaces have a positive impact on the public, human use of parks and preserves can often be detrimental to the environment, resulting in negative impacts such as trampled vegetation, presence of trash and pet feces, and negative visitor/wildlife interactions. As such, the Restoration and Enhancement Areas have been designed in such a way as to direct public access within the Restoration and Enhancement Areas to the footbridges that cross Chabot Canal (and associated trails that provide connectivity from one side of the creek to the other) at the three locations depicted in Figure 2. Designated trails traversing (footbridge access trails) and adjacent to the Restoration and Enhancement Areas are intended for passive recreational uses including biking, walking, and birding. Off -trail pedestrian access within the Restoration and Enhancement Areas will be discouraged through signage, strategically placed plantings, outreach activities, and education of residents. Access to the Restoration and Enhancement Areas for maintenance activities is allowed, but should be restricted to the immediate area where maintenance is occurring. Access to the Restoration and Enhancement Areas for emergency or law enforcement situations, by medical, fire, or law enforcement personnel/vehicles is allowed. Tasks: • While the Restoration and Enhancement Areas will not be fenced, the location of plantings will function as deterrents to public access throughout the Restoration and Enhancement Areas. Access -control plantings/structures will be maintained in good working condition. • Signage will be installed at all entry points and various areas along the Restoration and Enhancement Areas boundaries to inform the public of the presence and nature of the Restoration and Enhancement Areas. These signs will be placed in highly visible locations as determined by the Land Manager. The developer is responsible for the initial cost of installing signage; the Land Manager will be responsible for the maintenance and replacement of the signage. • Public access to portions of the Restoration and Enhancement Areas beyond the footbridges and associated designated trails will be limited to planned and escorted education and restoration efforts, to be coordinated by the Land Manager. This limited access does not apply to the City of Dublin's right to inspect and maintain bridges. • If any of the native trees within the Restoration and Enhancement Areas become a Dublin Crossing 20 Johnson Marigot Consulting, LLC Long -Term Management Plan April 2017 threat to public safety, private property, or authorized access, removal will be allowed upon receipt of appropriate approvals from the appropriate permitting agencies. Suitable mitigation for tree removal, if necessary, will be prescribed, approved by permitting agencies, and implemented by the Monitoring Biologist. 6.2 ELEMENT B.2 - TRASH AND TRESPASS Objective: Monitor sources of trash and trespass. Coordinate trash removal and vandalism cleanup. Tasks: • During each site visit, incidents of trash and/or trespass will be recorded, including type, location, and management mitigation recommendations to avoid, minimize, or rectify a trash and/or trespass impact. • Trash will be removed from the Restoration and Enhancement Areas periodically, as directed by the Land Manager. • If any problems associated with trespass are observed, adaptive management actions will be implemented. This management may range from additional plantings at access points to the installation of fencing to deter trespass. 6.3 ELEMENT B.3 - FIRE HAZARD REDUCTION Objective: Maintain the site as required for fire control while limiting impacts to biological values. Tasks: • Potential wildfire fuels will be reduced as needed by mowing in areas where approved by the permitting agencies. If mowing is to occur during the nesting season, a nesting bird survey will be conducted and survey notes/results will be included in the reports submitted to the permitting agencies. If nests are observed within the areas to be mowed, or in close proximity (50 feet for passerines and 200 feet for raptors) to the areas to be mowed, a non -disturbance buffer will be established by a qualified biologist, wherein mowing will not occur until the nestlings have fledged. If no nests are observed within the areas to be mowed, or in close proximity (50 feet) to the areas to be mowed, mowing may proceed. 6.4 ELEMENT B.4 - EMERGENCIES If any action is taken by the Land Manager as a result of an emergency situation (defined as a situation which would result in an unacceptable hazard to life, a significant loss of property, or an immediate, unforeseen, and significant economic hardship), and such action has an effect on the biological, chemical, or physical function of the Restoration and Dublin Crossing 21 Johnson Marigot Consulting, LLC Long -Term Management Plan April 2017 Enhancement Areas, the permitting agencies will be notified verbally within 48 hours, with written confirmation of the actions taken within one week. The notification will summarize the emergency, actions taken, and will propose remediation where necessary to restore form and function of the Restoration and Enhancement Areas. Dublin Crossing 22 Johnson Marigot Consulting, LLC Long -Term Management Plan April 2017 SECTION 7. PROHIBITED ACTIVITIES This plan explicitly prohibits use of the Restoration and Enhancement Areas for activities that hinder or harm the capacity of the Land Manager to meet the management goals. These activities include the use of the Restoration and Enhancement Areas for any activity that may directly or indirectly negatively affect the functions and values of the Restoration and Enhancement Areas. The following uses are explicitly prohibited within the Restoration and Enhancement Areas pursuant to this LTMP: • Use of the Restoration and Enhancement Areas for storage of excavated material, or any other fill material, even on a temporary basis, except for purposes of erosion repair activities • Storage or dumping of garbage, concrete rubble, asphalt, construction materials, or fuels • Burning of garbage, wood, or any other material except as allowed by the Land Manager in support of management goals • Construction of new trails or roadways without the consent of the appropriate permitting agencies • Use of the Restoration and Enhancement Areas for overnight camping • Placement of signs unless for public safety, access control, restricted activities, or public education related to preserve habitats and functions • Establishment of new storm water outfalls or use of Restoration and Enhancement Areas for storm water detention without agency consent • Discharging or carrying firearms, crossbows, fireworks, or projectile weapons of any kind (except law enforcement officials) • Use of any motorized vehicle within Restoration and Enhancement Areas boundaries (except as required by the Land Manager, medical personnel, fire officials, or law enforcement) • It is illegal for any adjacent landowner or resident to create a garden, landscape, playground, or any other type of "improvement" within the Restoration and Enhancement Areas without written permission from the Agencies and the Land Manager • Use of the Restoration and Enhancement Areas for commercial agricultural production • Planting of non-native vegetation within Restoration and Enhancement Area boundaries • Personal use for privately owned animals such as horses, dogs, sheep, or other livestock, that is not directly related to meeting management needs of the Restoration and Enhancement Areas • Activities that unduly interfere with the health, safety, and welfare of the users or neighbors in the area, or that create a nuisance or hazard to the use and safety of person using or neighboring such areas Dublin Crossing 23 Johnson Marigot Consulting, LLC Long -Term Management Plan April 2017 • Disorderly conduct (including amplified sound) • Creation of unauthorized access points to Restoration and Enhancement Areas • Construction, reconstruction, or placement of any building, billboard, sign, structure, or other improvement, except as provided in this LTMP or upon approval of the appropriate permitting agencies • Routine unseasonable watering with potable waters; use of fertilizers, pesticides, biocides, or other agricultural chemicals; mosquito abatement activities; incompatible fire protection activities; and any and all other uses which may adversely affect the conservation purposes of this LTMP • Commercial or industrial uses • Depositing or accumulating soil, trash, ashes, refuse, waste, bio-solids or any other material • Filling, dumping, excavating, draining, dredging, mining, drilling, removing, exploring for or extracting minerals, loam, gravel, soil, rock, sand or other material on or below the surface of the Restoration and Enhancement Areas, or granting or authorizing surface entry for any of these purposes • Altering the surface or general topography of the Restoration and Enhancement Areas, including building roads, paving or otherwise covering the Restoration and Enhancement Areas with concrete, asphalt, or any other impervious material, except as provided in this LTMP and approved by the Department of the Army Permit subsequently approved by the Corps • Removing, destroying, or cutting trees, shrubs or other vegetation, except as required for: (i) fire protection measures as specified in this LTMP; (ii) maintenance of existing foot trails or roads; (iii) prevention or treatment of disease; (iv) utility line clearance • Transferring any water right necessary to maintain or restore the biological resources of the Restoration and Enhancement Areas • Planting, introduction or dispersal of non-native or exotic plant or animal species • Manipulating, impounding, or altering any natural watercourse, body of water or water circulation on the Restoration and Enhancement Areas and any activities or uses detrimental to water quality, including but not limited to degradation or pollution of any surface or sub -surface waters • Active recreational activities including, but not limited to, horseback riding, hunting, or fishing • Permitting a general right of access to the Restoration and Enhancement Areas • Assigning, terminating, or altering any and all mineral, water, or air rights, without the prior written authorization of appropriate permitting agencies • Granting any additional interest in the Restoration and Enhancement Areas, without the prior written authorization of appropriate permitting agencies Dublin Crossing 24 Johnson Marigot Consulting, LLC Long -Term Management Plan April 2017 SECTION 8. TRANSFER, REPLACEMENT, AMENDMENTS, AND NOTICES 8.1 TRANSFER Any subsequent transfer of responsibilities under this long-term management plan to a different Land Manager will be requested by the Land Manager, will require written approval by permitting agencies, and will be incorporated into this LTMP by amendment. Any subsequent Land Manager assumes all Land Manager responsibilities described in this LTMP and as required in the deed restrictions (or other protective instrument), unless otherwise amended in writing by the permitting agencies. 8.2 REPLACEMENT If the Land Manager fails to implement the tasks described in this long-term management plan and is notified of such failure in writing by the permitting agencies, the Land Manager will have 90 days to cure such failure. If the failure is not cured within 90 days, the Land Manager may request a meeting with the applicable agency(ies) to resolve the failure. Such meetings will occur within 30 days of the issuance of the failure notification (or a longer period if approved by the agency). Based on the outcome of the meeting, or if no meeting is requested, the agency may designate a replacement Land Manager in writing by amendment of this LTMP. 8.3 AMENDMENTS The Land Manager and permitting agencies may meet and confer from time to time, upon the request of any one of them, to revise this LTMP to better meet management objectives. Any proposed changes to the LTMP will be discussed with all entities involved and amendments will be approved by the permitting agencies in writing. Approved and amended adjustments to the management regime and will be implemented by the Land Manager. 8.4 NOTICES Notification of the permitting agencies is not required if an activity in this LTMP does not have a specific requirement for notification, is not a Prohibited Activity (see Section 7), and/or review and approval or a permit is not required. Dublin Crossing 25 Johnson Marigot Consulting, LLC Long -Term Management Plan April 2017 Any notices regarding this LTMP will be directed as follows: Land Manager: Zone 7 Water Agency 100 North Canyons Parkway Livermore, CA 94551 Contact: Carol Mahoney, Manager of Integrated Water Resources (925) 454-5064 Land Owner: SAME AS LAND MANAGER Signatory Agencies: U.S. Army Corps of Engineers San Francisco District 1455 Market Street San Francisco, Ca 94103 Attn: Chief, South Branch Telephone: (414) 503-6778 Fax: (415) 503-6690 California Department of Fish and Wildlife Habitat Conservation Branch 1416 Ninth Street, 12th Floor Sacramento, CA 95814 Attn: Branch Chief Telephone: (916) 653-4875 Fax: (916) 653-2588 San Francisco Bay Regional Water Quality Control Board 401 Water Quality Certification Program 1515 Clay Street, Suite 1400, Oakland, California 94612 Attn: Brian Wines Telephone: (510) 622-2300 Fax: (510) 622-2460 Dublin Crossing 26 Johnson Marigot Consulting, LLC Long -Term Management Plan April 2017 Appendix A Appendix A. Deed Restriction Template RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Dublin Crossing, LLC Ms. Trece Herder 4750 Willow Road, Suite 150 Pleasanton, CA 94588 WHEN RECORDED, MAIL COPY TO: Bruce H. Wolfe, Executive Officer Attn: Brian Wines, Site No. 02-01-00786 CIWQS Place ID Nos. 792186 and 792217 California Regional Water Quality Control Board San Francisco Bay Region 1515 Clay Street, Suite 1400 Oakland, CA 94612 WHEN RECORDED, MAIL COPY TO: District Engineer, San Francisco District Attn: Ms. Janelle Leeson U.S. Army Corps of Engineers, Regulatory Division 1455 Market Street, 16th Floor San Francisco, CA 94103-1398 SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE COVENANTS AND DEED RESTRICTIONS Restoration and Enhancement Areas THIS DECLARATION OF COVENANTS AND RESTRICTIONS (this "Declaration") is made this _ day of , 20_, by DUBLIN Crossing, LLC, (the "Declarant") which is the Owner of fee title of certain real property located at , in the County of Alameda, State of California (Hereafter the "Burdened Property") and more particularly described in Exhibit A, which is attached hereto and incorporated by reference herein as set forth in full. Revision Date 4/6/2017 1442261.1 A. Declarant is "Dublin Crossing, LLC, and is a Limited Liability Company in the state of California and is the sole owner in fee simple of certain real property in the County of Alameda, State of California, more particularly described in Exhibit A, attached hereto and by this reference incorporated herein (the "Burdened Property"). B. The Declarant applied to the Department of the Army, through the San Francisco District of the U. S. Army Corps of Engineers, San Francisco District ("USACE") for an Individual Permit pursuant to Section 404 of the Clean Water Act to authorize the Declarant to place fill in waters of the United States to construct a residential development project, and to mitigate for such placement of fill material on the Burdened Property. Impacts to waters of the U.S. due to fill discharge are regulated by the Clean Water Act, Section 404, and were authorized by the District Engineer pursuant to Individual Permit No. , dated C. On (DATE) the District Engineer of the USACE issued the Section 404 Individual Permit for the Dublin Crossing Development Project (the "Dublin Crossing Individual Permit") authorizing the Declarant's discharges to waters of the United States. The Dublin Crossing Individual Permit contains Special Conditions (# - #) (hereafter the "IP Special Conditions") set forth conditions of approval concerning the proposed fill and those Special Conditions specifically relating to the Protected Area are attached hereto as Exhibit B and incorporated herein by reference as if set forth in full. D. The IP Special Conditions among other things, require that the Declarant shall submit to USACE a deed restriction to be executed and recorded by the Declarant to protect restored, enhanced, and created habitat. That deed restriction shall require that the Burdened Property (Exhibit A) be restored and maintained in perpetuity consistent with the Mitigation and Monitoring Plan — Dublin Crossing, dated ?, and the Long Term Management Plan — Dublin Crossing, dated ?(which are attached as Exhibit C) and incorporated herein by reference as if set forth in full, and that use of the Protected Area be limited as set forth in Special Conditions (# - #). E. The Declarant applied to the California Regional Water Quality Control Board for the San Francisco Bay Region ("Board") for a water quality certification under Section 401 of the Clean Water Act and coverage under State Water Resources Control Board Order No. 2003- 0017 - DWQ, "General Waste Discharge Requirements for Dredge and Fill Discharges That Have Received State Water Quality Certification" to authorize the Declarant to place fill in waters of the United States and the State of California to construct a residential development project, and to mitigate for such placement of fill material on the Burdened Property. Impacts to waters of the U.S. and waters of the State of California are authorized by the Clean Water Act Section 401 Certification and coverage under Board Order No. 2003-0017. F. On (DATE) the Board's Executive Officer issued the Section 401 water quality certification for the Dublin Crossing Development Project referenced as Site No. (the "Dublin Crossing 401 Certification") for the Declarant's discharges to waters of the United States and the State. The Dublin Crossing 401 Certification contains Special Conditions (# - #) (hereafter the "401 Special Conditions") setting forth conditions of approval concerning the Revision Date 4/6/2017 2 1442261.1 proposed fill and those Special Conditions specifically relating to the Burdened Property (described in Exhibit A) are attached hereto as Exhibit D and incorporated herein by reference as if set forth in full. G. The Board's Executive Officer found that, but for the Special Conditions, the proposed discharge into waters of the United States and State of California could not be found consistent with applicable law and that a water quality certification could therefore not be issued. H. The Special Conditions, among other things, require that the Declarant shall submit to the Executive Officer a deed restriction to be executed and recorded by the Declarant to protect restored, enhanced, and created habitat. That deed restriction shall require that the Burdened Property (Exhibit A) be restored and maintained in perpetuity consistent with the Mitigation and Monitoring Plan — Dublin Crossing, dated ?, and the Long Term Management Plan — Dublin Crossing, Dated (which are attached as Exhibit C), and that use of the Protected Area be limited as set forth in Special Conditions (# - #). E. The Declarant elected to execute and record the deed restriction required in the Special Conditions, so as to enable the Declarant to undertake the actions authorized by the water quality certification issued by the Board. NOW, THEREFORE, in consideration for the rights granted to Declarant for the development of the Dublin Crossing residential development project, located in the City of Dublin, County of Alameda, the Burdened Property shall be preserved for habitat preservation pursuant to California Civil Code §§ 815, et seq., and shall be dedicated in fee simple to the Alameda County Water Conservation and Flood Control District, Zone 7 ("Zone 7') — as approved by California Civil Code §§ 815, et seq., (Zone 7 is the "Dedicatee"). The transfer of ownership shall provide mitigation of certain anticipated impacts resulting from the Project as authorized by the Department of the Army Permit No. , and the Board's 401 Certification No. , AND, IN CONSIDERATION of the Department of Army Permit and the 401 Certification issued by the Executive Officer, the undersigned Declarant for itself and for its heirs, assigns, and successors -in -interest, hereby irrevocably covenant with the Department of the Army and the Board that the protective provisions, covenants and restrictions ("Restrictions") set forth in this Deed Restriction shall at all times on and after the date on which this Deed Restriction is recorded constitute for all purposes, covenants, conditions and restrictions on the use and enjoyment of the Burdened Property that are hereby attached to the deed to the Burdened Property as fully effective components thereof. Revision Date 4/6/2017 3 1442261.1 ARTICLE I DEFINITIONS 1.1 Board. "Board" shall mean the California Regional Water Quality Control Board for the San Francisco Bay Region and shall include its successor agencies, if any. 1.2 Burdened Property. "Burdened Property" shall mean that property legally described in Exhibit A (aka "the Property" or "Protected Area'). 1.3 Declarant. "Declarant" shall mean Dublin Crossing, LLC. 1.4 Dedicatee. "Dedicatee" shall mean Alameda County Flood Control and Water Conservation District (aka "Zone 7"). 1.5 District Engineer. "District Engineer" shall mean the Commanding Officer of the San Francisco District of the U. S. Army Corps of Engineers. 1.6 Mitigation and Monitoring Plan. "Mitigation and Monitoring Plan" shall mean the document titled "Mitigation and Monitoring Plan — Dublin Crossing", dated ? (aka "MMP ") 1.7 Long Term Management Plan. "Long Term Management Plan" shall mean the document titled "Long Term Management Plan — Dublin Crossing", dated ? (aka "LTMP') 1.8 Occupant. "Occupant" shall mean the Alameda County Flood Control and Water Conservation District or successor, or any entity acting on behalf of Alameda County Flood Control and Water Conservation District or successor. 1.9 Owner or Owners. "Owner" or "Owners" shall mean the DECLARANT and/or its successors in interest, who hold title to all or any portion of the Protected Area of the Burdened Property. 1.10 Protected Area. "Protected Area" shall have the same meaning as "Burdened Property." 1.11 USACE. "USACE" shall mean the San Francisco District of the U. S. Army Corps of Engineers. 1.12 Zone 7. "Zone 7" shall mean the Alameda County Flood Control and Water Conservation District, Zone 7. Revision Date 4/6/2017 4 1442261.1 ARTICLE II GENERAL PROVISIONS 2.1 The Burdened Property is currently in a natural state and is intended to remain undisturbed, except for those activities described in the Long Term Management Plan for the Dublin Crossing open space preserve, dated???, a copy of which is attached here to as Exhibit C (the "LTMP"). 2.2 The Burdened Property provides or is capable of providing significant ecological and habitat values (collectively "Conservation Values") that are of aesthetic, ecological, educational, historical, recreational, and scientific value. These values include, but are not limited to, the jurisdictional waters of the U.S. and State of California, and the functions and values of approximately 1,960 linear feet of Chabot Creek, 1,354 linear feet of Canal 2, and 0.70 acre of seasonal wetlands within the Dublin Crossing open space preserve. Both Chabot Creek and sections of Canal 2 are subject to ecological enhancement, restoration, and creation efforts as mitigation for the Dublin Crossing residential project, and these values are of great importance to the Declarant and the people of the United States. 2.3 Save as shown in the LTMP, the Burdened Property will be preserved as an Open Space and Habitat Preserve and will be restricted from any development on the terms set forth in the Clean Water Act permits, and this document. 2.4 Purpose. The purpose of this Declaration is to ensure that the Burdened Property will be retained forever in a condition contemplated by the LTMP and to prevent any use of the Burdened Property that will significantly impair or interfere with the conservation values of the Burdened Property. Declarant intends that this Declaration will confine the use of the Burdened Property to such activities including, without limitation, those involving the preservation and enhancement of native species and their habitats in a manner consistent with the conservation purposes of this Declaration and the LTMP. 2.5 Agreement to Assign. Declarant understands, acknowledges and agrees that, as a condition on the issuance by the U.S Army Corps of Engineers of the Clean Water Act permit, and the Board certification, the Burdened Property shall be restricted from any development and shall be reserved for use as habitat preservation on the terms set forth in the Clean Water Act permits. Declarant shall offer the Burdened Property for dedication in fee to the Alameda County Water Conservation and Flood Control District, Zone 7 ("Zone 7') or to an organization authorized to hold a conservation covenant under California Civil Code § 815, et seq. but such offer does not and shall not be construed as or constitute an offer for public use. 2.6 Covenants Running with the Land. In consideration of benefits derived from the Clean Water Act permits, the Declarant does hereby covenant and agree to restrict, and by this instrument does restrict, the future use of the Burdened Property as set forth by the below Revision Date 4/6/2017 5 1442261.1 establishment of this covenant running with the land in perpetuity and shall bind any successors and assigns in interest to the Burdened Property in accordance with applicable law, including, but not limited to, California Civil Code 815, et seq., and California Civil Code 4618. This Covenant and Deed Restriction set forth Restrictions upon and subject to which every portion of the Burdened Property shall be improved, held, used, occupied, leased, sold, hypothecated, encumbered and/or conveyed. Each and all of the Restrictions shall run with the land, and pass with each and every portion of the Burdened Property, and shall apply to, inure to the benefit of, and bind the respective successors in interest thereof, for the benefit of the USACE, the Board and all other Owners and Occupants, as well as the people of the United States and the State of California. Each and all of the Restrictions are enforceable by the Board and / or USACE. 2.7 Notice in Agreements. After the date of recordation hereof, all Owners and Occupants shall execute a written instrument which shall accompany all purchase agreements, easements or leases relating to the property. Any such instrument shall contain the following statement: The land described herein is subject to a deed restriction dated as of , 2016, and recorded on, 2016, in the Official Records of Alameda County, California, as Document No. , which Covenant and Restriction imposes certain covenants, conditions, and restrictions on usage of all or a portion of the property described herein. 2.8 Development Rights. All present and future development rights allocated, implied, reserved, or inherent to the Burdened Property that are not consistent with the Restrictions or LTMP are hereby extinguished and may not be used on or transferred to any portion of the Burdened Property, nor any other property, wherever located. 2.9 Concurrence of Owners and Lessees Presumed. All purchasers, lessees, or possessors of any real property interest in any portion of the Burdened Property, whether past, present or future, shall be presumed by their purchase, leasing, or possession of a portion of the Burdened Property to be in accord with the foregoing and to agree for and among themselves, their heirs, successors, and assignees, and the agents, employees, and lessees of such owners, heirs, successors, and assignees, that the Restrictions as herein established must be adhered to for the benefit of the USACE, the Board and the Owners and Occupants of the Burdened Property and that the interest of the Owners and Occupants of the Burdened Property shall be subject to the Restrictions contained herein. No Owner or Occupant of the Burdened Property shall act in any manner that would be inconsistent with the Restrictions. 2.10 Enforcement. USACE and the San Francisco Regional Water Quality Control Board shall have the right, to enforce each and every provision herein. The covenant shall be enforceable by remedy of injunctive relief in addition to any other remedy in law or equity. Failure of the Declarant, Dedicatee, or other Owner or Occupant to comply with any provision of this Covenant shall be grounds for USACE or the Board, by reason of this Covenant, to have the authority to require that the Declarant, Dedicatee, Owner or Occupant modify or remove any improvements constructed in violation of this Covenant and restore the Burdened Property as Revision Date 4/6/2017 6 1442261.1 described in the LTMP and the Special Conditions. In the event that the Declarant its heirs, assigns or successors in interest shall fail to abide by any of the covenants hereunder, they hereby agree to pay all reasonable costs and expenses incurred by USACE or the Board in securing performance of such obligation, including reasonable attorney's fees and costs. In the event of a breach, any forbearance on the part of any party to this covenant to enforce the terms and provisions hereof shall not be deemed a waiver of enforcement rights regarding any subsequent breach. The Declarant and Dedicatee agree that USACE, the Board, and/or any persons acting pursuant to USACE or Board orders, shall upon providing reasonable notice to the Declarant or Dedicatee, have reasonable access to the Protected Area of the Burdened Property for the purposes of inspection, surveillance, maintenance, or monitoring, as provided for in Division 7 of the Water Code. Nothing contained in this Declaration shall be construed to entitle the United States or State of California to bring any action for any injury to or change in the Burdened Property resulting from causes beyond Declarant's or Dedicatee's control, including, without limitation, fire not caused by Declarant or Dedicatee, flood, storm, and earth movement, or from any prudent action taken by Declarant or Dedicatee under emergency conditions to prevent, abate, or mitigate significant threats to life, to health, to public safety, and of injury to the Burdened Property or other property resulting from such causes. ARTICLE III RESTRICTIONS 3.1 All mandatory mitigation measures presented in the MMP and LTMP (Attached hereto as Exhibit C) applicable to the Burdened Property shall be implemented. 3.2 Unless allowed pursuant to Sections 3.3 or 4_2 below or unless allowed in the LTMP or future revisions thereof that have been approved in advance in writing by USACE and the Board or its Executive Officer, the following activities are prohibited within the Burden Property: a. Construction, reconstruction or placement of any building, billboard, sign, structure, or other improvement, except as provided in the LTMP, or upon approval of USACE. b. Unseasonable watering; use of fertilizers, herbicides, pesticides, biocides, or other agricultural chemicals; mosquito abatement activities; weed abatement activities; incompatible fire protection activities; and any and all other uses which may adversely affect the conservation purposes of this Declaration. Revision Date 4/6/2017 7 1442261.1 c. Grazing and agricultural activity of any kind, except as may be provided in the LTMP. d. Commercial or industrial uses. e. Depositing soil, trash, ashes, refuse, waste, bio-solids or any other material. f. Filling, dumping, excavating, draining, dredging, mining, drilling, removing, exploring for or extracting minerals, loam, gravel, soil, rock, sand or other material on or below the surface of the Burdened Property, or granting or authorizing surface entry for any of these purposes, unless authorized by the Board and USACE. g. Altering the surface or general topography of the Burdened Property, including building roads, paving or otherwise covering the Property with concrete, asphalt, or any other impervious material, except as provided in the LTMP and approved by the Clean Water Act permits. h. Removing, destroying, or cutting trees, shrubs or other vegetation, except as required for: (i) fire and / or flood protection measures as specified in the LTMP; (ii) maintenance of existing foot trails or roads; (iii) prevention or treatment of disease; (iv) utility line clearance, or (v) maintaining flows through the Burdened Property. i. Use of motorized vehicles, including off -road vehicles, except on existing roadways, as required to meet the obligations of the LTMP. j. Transferring any water right necessary to maintain or restore the biological resources of the Property. k. Planting, introduction or dispersal of non-native or exotic plant or animal species. 1. Manipulating, impounding or altering any natural watercourse, body of water or water circulation on the Property and any activities or uses detrimental to water quality, including but not limited to degradation or pollution of any surface or sub -surface waters. m. All active recreational activities not otherwise described in the LTMP, including, but not limited to, horseback riding, biking, hunting or fishing. n. Permitting a general right of access to the property that may result in damage to ecological functions and values. o. Assigning, terminating, or altering any and all mineral, water, or air rights, without the prior written authorization of the USACE and Board. p. Granting any additional interest in the Burdened Property, without the prior written authorization of the USACE and Board. Revision Date 4/6/2017 8 1442261.1 3.3 Notwithstanding the foregoing restrictions, the following activities may occur in the Protected Areas: a. Engaging in uses and activities necessary or appropriate to implement the LTMP. b. Control of entry upon the Burdened Property, including, without limitation, the installation and maintenance of signs or fences that do not impede the movement of wildlife. c. Passive recreational uses, including those activities described in the LTMP, that do not degrade the Conservation Values of the Burdened Property. ARTICLE IV VARIANCE AND TERMINATION 4.1 This covenant and the provisions thereof are irrevocable and nonmodifiable and shall continue in effect in perpetuity unless modified or terminated as provided herein. 4.1 Declarant, Dedicatee, or Any Owner, or with the Owner's consent, any Occupant of the Protected Area of the Burdened Property or a portion thereof may apply to USACE and the Board for a written variance from the provisions of this Covenant. USACE and the Board, at their discretion, may approve the variance if they find that the requested variance would not impact the size, condition, or functions of the mitigation features required by the Clean Water Act permits and protected by this Covenant. 4.2 Declarant, Dedicatee, or Any Owner or with the Owner's consent, any Occupant of the Protected Area of the Burdened Property or a portion thereof may apply to USACE or the Board for a termination of the provisions of this Covenant as they apply to all or any portion of the Burdened Property. Termination of the provisions of this Covenant requires the provision of alternate mitigation of equivalent size, condition, and functions. USACE and the Board will not approve the termination of the provisions of this Covenant until such alternate mitigation has been established, including the implementation of any necessary construction and planting, as well as a minimum of five years of post -establishment monitoring and maintenance, and a deed restriction or conservation easement has been recorded for the alternate mitigation site. ARTICLE V Revision Date 4/6/2017 9 1442261.1 MISCELLANEOUS 5.1 Best and Most Necessary Use. The habitat Conservation Values of the Declaration are presumed to be the best and most necessary public use as defined in equity and pursuant to California Code of Civil Procedure § 1240.680 notwithstanding Code of Civil Procedure § § 1240.690 and 1240.700. 5.2 No Dedication Intended. Nothing set forth herein shall be construed to be a gift or dedication, or offer of a gift or dedication, of the Burdened Property or any portion thereof to the general public. 5.2 Taxes. Prior to transfer to Dedicatee, Declarant shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Property by competent authority (collectively, "taxes"), including any taxes imposed upon, or incurred as a result of, this Declaration, and shall furnish satisfactory evidence of payment upon request. Dedicatee shall there -forward keep the Property free from any liens, including those arising out of any obligations incurred by the Declarant or Dedicatee for any labor or materials furnished or alleged to have been furnished at or for use on the Property. 5.3 Subsequent Property Transfer. Declarant and Dedicatee agree to incorporate the terms of this Declaration in any deed or other legal instrument by which the Declarant or Dedicatee divests itself of any interest in all or a portion of the Property, including, without limitation, a leasehold interest. Declarant or Dedicatee shall give USACE and the Board written notice of the intent to transfer any interest at least 30 days prior to the date of such transfer. USACE and the Board shall have the right to prevent subsequent transfers in which transferees are not given notice of the terms, covenants, conditions and restrictions of this Declaration. The failure of Declarant or Dedicatee to perform any act required by this section shall not impair the validity of this Declaration or limit its enforcement in any way. 5.4 Recordation. Declarant shall submit an original, signed and notarized Deed including this Declaration to USACE and the Board, and shall promptly record this instrument in the official records of the County of Alameda, and shall thereafter promptly provide a conformed copy of the recorded Declaration to USACE and the Board. Upon the assignment of the Burdened Property, Dedicatee shall promptly record the title with this Declaration in the official records of the County of Alameda, and shall thereafter promptly provide a conformed copy of the recorded Declaration to USACE and the Board. Revision Date 4/6/2017 - 10- 1442261.1 5.5 Termination of Declaration. Upon approval of USACE and the Board, Declarant or Dedicatee may grant a perpetual Conservation Easement over the Property to a third party approved to hold Conservation Easements under Civil Code § 815, et seq., and, by so doing, may terminate this Declaration. Termination may only occur after Conservation Easement has been recorded and only if the Conservation Easement contains all provisions set forth in this Declaration. 5.7 General Provisions. a. Controlling Law. The interpretation and performance of this Declaration shall be governed by the laws of the State of California and applicable Federal law, including the Clean Water Act. b. Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Declaration shall be liberally construed to effect the purposes of this Declaration and the policy and purpose of Civil Code §815, et seq. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purposes of this Declaration that would render the provision valid shall be favored over any interpretation that would render it invalid. c. Severability. If any provision of this Declaration or the application thereof is found to be invalid the remaining provisions of this Declaration or the application of such provisions other than that found to be invalid shall not be affected thereby. d. Entire Agreement. This Declaration and the LTMP incorporated by reference herein, including all of the exhibits thereto, together set forth the entire agreement of the parties and supersede all prior discussions, negotiations, understandings, or agreements relating to the Declaration, all of which are merged herein. No alteration or variation of this instrument shall be valid or binding unless contained in an amendment in accordance with the provisions herein. e. Termination of Rights and Obligations. A party's rights and obligations under this Declaration terminate upon transfer of the party's interest in the Declaration or Property, except that liability for acts, omissions or breaches occurring prior to transfer shall survive transfer. f. Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon its construction or interpretation. g. Counterparts. The parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be signed by both parties; each counterpart shall be deemed an original instrument as against any party who has signed it. Revision Date 4/6/2017 1442261.1 IN WITNESS WHEREOF, Declarant has executed and delivered this Declaration as of the day and year first above written DECLARANT (Dublin Crossing, LLC): By: Title: Date: DEDICATEE (Zone 7): By: Title: Date: UNITED STATES ARMY CORPS OF ENGINEERS By: Title: Date: REGIONAL WATER QUALITY CONTROL BOARD By: Title: Revision Date 4/6/2017 - 12 - 1442261.1 Date: Revision Date 4/6/2017 - 13 - 1442261.1 Appendix B Dublin Crossing City Easement Area Exhibit I:I •• 0 iiiiiiiiiiiii 11iiiiiiiiiiiii n i1iiiiiiiiiiii n x • 1L CAL N \\ \,\\\, 7„.„\ \r-IL-- j „(„,„ \\� \\A \� ,,, •G � u 4 \. _ T '555;th Street - IIII�IIIIIIII 354- 620 HQ LEGEND: • fJ° - ),350 fn I 1 _ 1 A EsEsmosoCITY MAINTENANCE EASEMENT AREA OVER CHABOT CREEK 4.70± AC DUBLIN CROSSING PROJECT BOUNDARY n.- WWWWWIT11111-LPHH-J_J_J_J_1_1 0 75 150 300 III ' '11111111111' III 11 L nl III III 17- g• 0 0 O O I C7 r SHEET 1 OF 1 DUBLIN CROSSING CITY EASEMENT AREA EXHIBIT CHABOT CREEK CITY OF DUBLIN CALIFORNIA MACKAY ik soms ENGINEERS PLANNERS SURVEYORS 5142E FRANKLIN DR, PLEASANTON, CA 94588 (925)225-0690 1' = 150' MACKAY & SOMPS IS NOT RESPONSIBLE FOR THE ACCURACY OR COMPLETENESS OF REPRODUCTIONS OF THIS DOCUMENT THAT ARE GENERATED BY OTHERS FROM ELECTRONIC MEDIA PLEASANTON OFFICE 1" = 150' SCALE 04-28-2016 DATE 19814.000 JOB NO. 04-28-2016 1:00pm Carrie Wallace P:\19814\PLN\EXH—P\PERMIT EXHIBITS\EXH—CANAL 1 & 2 OWNERSHIP—MANAGEMENT.DWG Appendix C Baseline Condition Report and As -Built Map (Current Proposed Plans, to be replaced upon completion of success monitoring) AVERAGE BUFFER FROM PROPOSED 100 YEAR FLOOD ELEVATION NORTH BANK VARIES 17'-45' AVERAGE BUFFER FROM OHWM NORTH BANK VARIES 35'-89' PROPOSED SEASONAL WETLAND 0.16 ACRE 441 1 / / / / / / / `- (iyF. : Eic- FT 1 / / / / / / / AVERAGE BUFFER FROM PROPOSED 100 YEAR FLOOD ELEVATION SOUTH BANK VARIES 25'-32' AVERAGE BUFFER FROM OHWM SOUTH BANK VARIES 39'-53' 350 345 340- 335- 330— 325— 320— 315 0+00 I LEGEND PROPOSED SEASONAL WETLANDS PROPOSED 100 YEAR FLOOD ELEVATION . PROPOSED OUTER LIMIT OF CHANNEL BUFFER ZONE 7 ACCESS PATHWAYS RUSTIC TRAIL FOOT BRIDGE ZONE 7 ACCESS LOCATION PROPOSED CONTOUR (1') PROPOSED CONTOUR (5') CONCRETE WALLS AND STRUCTURES - TO BE REMOVED PROPOSED RESTORATION/REALIGNMENT CONCRETE AREA - TO BE REMOVED EXISTING RIP RAP - TO BE REMOVED EXISTING CONCRETE RUBBLE - TO BE REMOVED BURIED ROCK - PROPOSED IMPROVEMENT ASPHALT - TO BE REMOVED EXISTING CANAL WETLAND AREA - TO REMAIN EXISTING TREE - TO REMAIN EXISTING GRADE 1 WETLAND BENCH FINISHED GRADE WRH MICRO -TOPOGRAPHY ORDINARY HIGH WATER MARK 0+25 0+50 0+75 1+00 CHABOT CANAL CROSS SECTION A -A' FULL SIZE SCALE: H11=10'1/1"=10' 1+25 0 40 80 350 —345 —340 — —335 —330 —325 —320 315 1+50 3 \1 l Cortina RE NO (775.51.16 CONCEPT PLAN DUBLIN CROSSING DATE'. 2/2118 DRAWN BY. JC °REC.° BY: MH SCALE: AS SHOWN CARDNO JOB NO. E315001000 FIGURE NO. P1.0 CHANNEL TO BE RESTORED/REALIGNED PRESERVE EXISTING OAK AND WILLOWS 1 AVERAGE BUFFER FROM PROPOSED 100 YEAR FLOOD ELEVATION NORTH BANK VARIES 25'-45' AVERAGE BUFFER FROM OHWM NORTH BANK VARIES 35'-89' AVERAGE BUFFER FROM PROPOSED 100 YEAR FLOOD ELEVATION SOUTH BANK VARIES 25'-32' I N</NFSF�,S �I CHANNEL TO BE RESTORED/REALIGNED I AVERAGE BUFFER FROM OHWM SOUTH BANK VARIES 39'-53' 350 • ENO NMI :NM NNE NiM. 11111111 • 0+1 LEGEND PROPOSED SEASONAL WETLANDS PROPOSED 100 YEAR FLOOD ELEVATION • PROPOSED OUTER LIMIT OF CHANNEL BUFFER ZONE 7 ACCESS PATHWAYS RUSTIC TRAIL FOOT BRIDGE ZONE 7 ACCESS LOCATION PROPOSED CONTOUR (1') PROPOSED CONTOUR (5') CONCRETE WALLS AND STRUCTURES - TO BE REMOVED PROPOSED RESTORATION/REALIGNMENT CONCRETE AREA - TO BE REMOVED EXISTING RIP RAP - TO BE REMOVED EXISTING CONCRETE RUBBLE - TO BE REMOVED BURIED ROCK- PROPOSED IMPROVEMENT ASPHALT - TO BE REMOVED EXISTING CANAL WETLAND AREA - TO REMAIN EXISTING TREE - TO REMAIN 411 0 40 00 345— 340- r 335— L_ 330- 325- 320 0+00 50'-100' ORDINARY HIGH WATERMARK 350 —345 7 -340 0+25 0+50 CHABOT CANAL CROSS SECTION B-B' FULL SEE SCALE: H1"=10' V1'=10' 0+75 —335 —330 —325 320 1+00 5 RE (J) CONCEPT PLAN Z 0 w00 O 0< D- OD og D- J ix Z0 0< 0z 00 W Q2 = W 00 Q 2 Z W DUBLIN CROSSING 0 z 0 0 DATE'. 2/2118 DRAWN Br. JC CHECKED BY: MK SCALE: AS SHOWN CARDNO JOB NO. E313001000 FIGURE NO. P1.1 AVERAGE BUFFER FROM OHWM SOUTH BANK VARIES 35'-40' AVERAGE BUFFER FROM PROPOSED 100 YEAR FLOOD ELEVATION SOUTH BANK VARIES 22'-40' 001°6" / 360 355— 350 345— 340- 335— 330- 325 0+00 PROPOSED SEASONAL WETLAND 0.19 ACRE LEGEND PROPOSED SEASONAL WETLANDS PROPOSED 100 YEAR FLOOD ELEVATION PROPOSED OUTER LIMIT OF CHANNEL BUFFER ZONE 7 ACCESS PATHWAYS RUSTIC TRAIL FOOT BRIDGE ZONE 7 ACCESS LOCATION PROPOSED CONTOUR (1') PROPOSED CONTOUR (5') CONCRETE WALLS AND STRUCTURES - TO BE REMOVED PROPOSED RESTORATION/REALIGNMENT CONCRETE AREA - TO BE REMOVED EXISTING RIP RAP - TO BE REMOVED EXISTING CONCRETE RUBBLE - TO BE REMOVED BURIED ROCK - PROPOSED IMPROVEMENT ASPHALT - TO BE REMOVED EXISTING CANAL WETLAND AREA - TO REMAIN EXISTING TREE - TO REMAIN 0 2200440 EXISTING GRADE 1 ORDINARY HIGH WATER MARK WETLAND BENCH FINISHED GRADE l WITH MICRO/TOPOGRAPHY 360 —355 —350 —345 —340 —335 —330 0+25 0+50 0+75 1+00 CHABOT CANAL CROSS SECTION C-C' FULL SEE SCALE: H1"=10' Vr=10' 325 1+25 1+34 \1 l Cortina RE NO CONCEPT PLAN Z 0 a Z O co Og K O D- Y Z U< I— I— OZ CO W = U UZ 2 Z W DUBLIN CROSSING DATE'. 2/2118 DRAWN BY. Jc CHECKED BY: MK SCALE: AS SHOWN CARDNO JOB NO. E313001000 FIGURE NO. P1.2 PROPOSED SEASONAL WETLAND 0.11 ACRE AVERAGE BUFFER FROM OHWM NORTH BANK VARIES 32'-36' 410 AVERAGE BUFFER FROM PROPOSED 100 YEAR FLOOD ELEVATION NORTH BANK VARIES 25'-28' PROPOSED SEASONAL WETLAND 0.14 ACRE PROPOSED SEASONAL WETLAND 0.12 ACRE I 355 350 345 340 335 330 AVERAGE BUFFER FROM PROPOSED 100 YEAR FLOOD ELEVATION SOUTH BANK VARIES 40'-47' AVERAGE BUFFER FROM OHWM SOUTH BANK VARIES 49'-61' LEGEND EN w!. PROPOSED SEASONAL WETLANDS PROPOSED 100 YEAR FLOOD ELEVATION PROPOSED OUTER LIMIT OF CHANNEL BUFFER ZONE 7 ACCESS PATHWAYS PROPOSED CONTOUR (1') PROPOSED CONTOUR (5') CONCRETE WALLS AND STRUCTURES - TO BE REMOVED EXISTING CULVERT - TO BE REMOVED CONCRETE AREA - TO BE REMOVED EXISTING RIP RAP - TO BE REMOVED EXISTING CONCRETE RUBBLE - TO BE REMOVED ASPHALT - TO BE REMOVED PROPOSED RESTORATION/REALIGNMENT EXISTING GRADE ORDINARY HIGH WATER MARK WETLAND BENCH FINISHED GRADE WITH MICRO -TOPOGRAPHY 3-4 A TYPICAL WETLAND GRADING SECTION A -A' N.T.S. A' 355 350 345 340 335 330 0 40 80 0 CONCEPT PLAN z wg OF �o z w N w z Z z= Uw w DUBLIN CROSSING DATE'. 2/2118 DRAWN BY. JC CHECKED BY: MN SCALE: AS SHOWN CARDNO JOB NO. B318001000 FIGURE NO. P2.0 HORIZON PKWY (G STREET) II RESTO RA :1 "�- 127— OPEN BOTTOM CULVERT ■ HORIZON PARKWAY ENHANCEMENTS A 126.0' RESTORA110 ■f' r it I I III REMOVE CONCRETE ° 1 14= II J— REMOVE CONCRETE LINING THROUGHOUT ALL RESTORATION AREAS (TYP.) REMOVE CONCRETE ° �110 EXISTING CULVERT to 0 I` CENTRAL PARKWAY ENHANCEMENTS HORIZON PARKWAY REMOVE CONCRETE LINING THROUGHOUT ALL RESTORATION AREAS (TYP.) REMOVE ASPHALT° AND CONCRETE 7r REMOVE RIP RAP 0 REMOVE CONCRETE 0 V MATCHLINE-SEE SHEET P2.0 CENTRAL PARKWAY REMOVE ASPHALT AND CONCRETE 0 NOTES: STAGE 1 - REMOVE CULVERT, RIP RAP, AND CONCRETE AS SOON AS FEASIBLE. STAGE 2 - INSTALL TREES AND SHRUBS FOLLOWING CONSTRUCTION OF EACH NEW CROSSING. A 4.11) LEGEND PROPOSED SEASONAL WETLANDS PROPOSED 100 YEAR FLOOD ELEVATION PROPOSED OUTER LIMIT OF CHANNEL BUFFER ZONE 7 ACCESS PATHWAYS PROPOSED CONTOUR (1') PROPOSED CONTOUR (5') CONCRETE WALLS AND STRUCTURES - TO BE REMOVED EXISTING CULVERT - TO BE REMOVED CONCRETE AREA - TO BE REMOVED EXISTING RIP RAP - TO BE REMOVED EXISTING CONCRETE RUBBLE - TO BE REMOVED ASPHALT - TO BE REMOVED PROPOSED RESTORATION/REALIGNMENT FOOT BRIDGE 0 40 8800880 V J Cortina RE NO (775.51.16 CONCEPT PLAN DUBLIN CROSSING U Z 0 0 DATE'. Yd118 DRAWN BY. JC CHECKED BY: MN SCALE: AS SHOWN CARDNO JOB NO. B318001000 FIGURE NO. P2.1