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HomeMy WebLinkAboutPCReso00-30 PA99-048 Dublin Nissan SDR/CUP RESOLUTION NO. 00-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW FOR PA 99-048 DUBLIN NISSAN TO ESTABLISH AN AUTOMOBILE DEALERSHIP IN A 24,476 SQUARE FOOT BUILDING LOCATED AT 6215 SCARLETT DRIVE WHEREAS, the Applicant, Don Strough of Bay Automotive Properties has requested approval of a Conditional Use Permit and Site Development Review for a 24,476 square foot automobile dealership and has proposed to pay $77,156 to offset traffic impacts, before the issuance of a building permit. The project is located at 6215 Scarlett Drive, on the east side of Scarlett Drive and further identified as Assessor Parcel No. 941-0550-019-5; and WHEREAS, a completed application for Site Development Review is available and on file in the Dublin Planning Department; and WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines and City environmental regulations require that certain projects be reviewed for environmental impact and that environmental documents be prepared; and WHEREAS, a Mitigated Negative Declaration has been prepared for this project with the finding that with the implementation of mitigation measures contained in the Initial Study, there will be no significant environmental impacts; and WHEREAS, the Planning Commission held a properly noticed public hearing on said application on June 13, 2000; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Staff Report was submitted recommending that the Site Development Review and Conditional Use Permit be conditionally approved; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth and used their independent judgment to make a decision. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Planning Commission does hereby make the following findings and determinations regarding the proposed Conditional Use Permit: The Negative Declaration is adequate and in compliance with State law. The proposed use is compatible with other land uses, transportation and service facilities in the vicinity because the proposed use will be located in an area designated for commercial, office and retail uses in Dublin. The proposed use will not adversely affect the health or safety of persons residing or working in the vicinity, and will not be detrimental to the public health, safety and welfare because all City and Alameda County regulations and conditions will be met. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use and related structures would not be detrimental to the public health, safety, and welfare. F. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed. The proposed use is not contrary to the specific intent clauses, development regulations, and performance standards established for the M-1 zoning district which encourages new development of commercial land uses. Conditions of approval will ensure ongoing compatibility with adjacent commercial uses. H. The proposed use is consistent with the Dublin General Plan, the Dublin Zoning Ordinance. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby make the following findings and determinations regarding the proposed Site Development Review: The approval of this Site Development Review application is consistent with the intent and purpose of Dublin Zoning Ordinance Section 8.104, SITE DEVELOPMENT REVIEW, because the project it is compatible with the site and surrounding properties. The approval of this application, as conditioned, complies with the Business Park/Industrial: Outdoor Storage designation of the General Plan, the M-1 Zoning Designation as well as with all other requirements of the Zoning Ordinance because a New and Used Vehicles Sales and Services facility are conditionally permitted. The approval of the Site Development Review application, as conditioned, will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and general welfare because the construction of the building will conform to all laws and regulations and because it will provide a new auto-related commercial use for the City. The approved site development, including site layout, structures, vehicular access, circulation and parking, setbacks, height, walls, public safety and similar elements has been designed to provide a desirable environment for the development. The subject site is physically suitable for the type and intensity of the approved development because it is graded and level. F. Impacts to views are addressed because the site is level and no views could be interrupted. Impact to existing slopes and topographic features are addressed because the site is level and there are not topographic features. Architectural considerations, including the character, scale and quality of the design, the architectural relationship with the site and other buildings, building materials and colors, screening of exterior appurtenances, exterior lighting, and similar elements have been incorporated into the project and as conditions of approval in order to insure the compatibility of the development with the development's design concept or theme and the character of adjacent buildings, neighborhoods and uses. Landscape considerations, including the locations, type, size, color, texture and coverage of plant materials, provisions and similar elements have been considered to insure visual relief and an attractive environment for the public. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve the Conditional Use Permit and Site Development Review for PA 99-048 Dublin Nissan for sales and service of new and used vehicles and parts sales, subject to the following Conditions of Approval. This approval shall be generally depicted on the plans prepared by Siegfried Engineering, labeled Attachment 1, consisting of seven (7) sheets, dated received May 16, 2000, plans dated received June 9, 2000, and colored elevations and material board, stamped approved and on file with the Dublin Planning Department, subject to compliance with the following conditions of approval: 2 CONDITIONS OF APPROVAL Unless otherwise stated, all Conditions of Approval shall be complied with prior to final occupancy of any building and shall be subject to Planning Department review and approval. The following codes represent those departments/a~encies responsible for monitoring compliance with the Conditions of Approval: [PL] Planning, [B] Building, [PCS] Parks and Community Service, [PO] Police, [PW] Public Works, [ADM] Administration/City Attorney, [FIN] Finance, [PCS] Parks and Community Services, [FI Alameda County Fire Dept., [DSR] Dublin San Ramon Services District, [CO] Alameda County Flood Control and water Conservation District Zone 7. CONDITIONAL USE PERMIT This Conditional Use Permit approval for PA-99-048 establishes an automobile dealership in a 24,476 square foot building located at 6215 Scarlett Drive and further identified as APN 941-0550-019-5. This Conditional Use Permit shall be valid for the remaining life of the approved strueture so long as the operators of the subject property comply with the conditions of project approval. The Conditional Use Permit will be revocable for cause in accordance with Section 8.96.020.I of the Dublin Zoning Ordinance. GENERAL CONDITIONS 1. Automobile Dealership. The Automobile Dealership shall PW, PL Occupancy Standard be located as shown on Attachment 1. of Any Building 2. Term. Approval of the Conditional Use Permit shall be PL Standard valid for one year from approval by the Planning Commission. If construction has not commenced by that time, this approval shall be null and void. The approval period for Conditional Use Permit may be extended six (6) additional months by the Director of Community Development upon determination that the Conditions of Approval remain adequate to assure that the above stated findings of approval will continue to be met. (Applicant/Developer must submit a written request for the extension prior to the expiration date of the Site Development Review.) 3. Car Carrier Truck Unloading. Car carrier trucks shall be PL, PW, On-going unloaded on-site. No car carrier trucks shall be unloaded on PO surface streets near the dealership. 4. Safe, Clean and Litter-Free. The Developer/Property PL On-going Standard Owner shall be responsible for maintaining the premises in a safe, clean and litter-free conditions at all times. 5. Loud Speakers. The use of loud speakers shall be PL On-going prohibited 6. Revocation. The Conditional Use Permit will be revocable PL On-going Standard for cause in accordance with Section 8.96.020.I of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this approval shall be subject to citation. 3 SITE DEVELOPMENT REVIEW This Site Development Review approval for PA-99-048 establishes the design concepts and regulations for the project. Development pursuant to this Site Development Review generally shall conform to the approved plans and documents available on file in the Department of Community Development as amended in red. NO. CONDITION TEXT RESP. WHEN SOURCE AGENCY REQ'D (Prior to) GENERAL CONDITIONS 1. Building Permits. To apply for building permits, B Issuance of Standard Applicant/Developer shall submit twelve (12) sets of Building construction plans to the Building Department for plan Permits check. Each set of plans shall have attached an annotated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans will not be accepted without annotated resolutions attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participating non-City agencies prior to issuance of building permits. 2. Standard Public Works Conditions of Approval. PW Approval of Standard Applicant/Developer shall comply with all applicable City of Improvement Dublin Standard Public Works Conditions of Approval Plans through (Attachment A). In the event of a conflict between the completion Standard Public Works Conditions of Approval and these Conditions, these Conditions shall prevail. 3. Conditions of Approval. In submitting subsequent plans for PW Issuance of Standard review and approval, Applicant/Developer shall submit six Building (6) sets of plans to the Engineering Department for Permit plancheck. Each set of plans shall have attached a copy of these Conditions of Approval with responses to conditions filled in indicating where on the plans and/or how the condition is satisfied. A copy of the Standard Public Works Conditions of Approval shall also be submitted which has been marked up to indicate where on the plans and/or how the condition is satisfied. Notations shall clearly indicate how all Conditions of Approval and Standard Public Works Conditions of Approval will be complied with. Improvement plans will not be accepted without annotated conditions and standards attached to each set of plans. Applicant/Developer will be responsible for obtaining approvals of all participating non-City agencies. 4. Requirements and Standard Conditions. The F, PW, Prior to Standard Developer/Applicant shall comply with applicable Alameda PO, Zone issuance of County Fire, Dublin Public Works Department, Dublin 7, DSR, Building Building Department, Dublin Police Service, Alameda PL, AC, Permits CHS, 4 NO. CONDITION TEXT RESP. WHEN SOURCE AGENCY REQ'D (Prior to) County Flood Control District Zone 7, Livcrmore Amador LAVTA Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Department of Health Services requirements and standard conditions. Prior to issuance of building permits or the installation of any improvements related to this project, the Developer shall supply written statements from each such agency or department to the Planning Department, indicating that all applicable conditions required have been or will be met. 5. Fees. Applicant/Developer shall pay all applicable fees in Various Various times, Standard effect at the time of building permit issuance, including, but but no later not limited to, Planning fees, Building fees, Dublin San than Issuance Ramon Services District Fees, Public Facilities Fees, Tri- of Building Valley Transportation Fees, Dublin Unified School District Permits School Impact fees, Public Works Traffic Impact fees, Alameda County Fire Services fees; Noise Mitigation fees, Inclusionary Housing In-Lieu fees; Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees. 6. Required Permits. Applicant/Developer shall comply with Various Various times, Standard, the City of Dublin Zoning Ordinance, obtain all necessary but no later permits required by other agencies (Alameda County Flood than Issuance Control District Zone 7, California Department ofFish and of Building Game, Army Corps of Engineers, State Water Quality Permits Control Board, Etc.) and shall submit copies of the permits to the Department of Public Works. 7. Building Codes and Ordinances. All project construction B Through Standard shall conform to all building codes and ordinances in effect Completion at the time of building permit. 8. Fire Codes and Ordinances. All project construction shall F Through Standard conform to all fire codes and ordinances in effect at the time Completion of building permit. 9. Ordinances/General Plan. Applicant/Developer shall PL Issuance of Standard comply with the City of Dublin Zoning Ordinance and the Building City of Dublin General Plan. Permits and On-going 10. Infrastructure. The location and siting of project specific PW Approval of Standard wastewater, storm drain, recycled water, and potable water Improvement system infrastructure shall be consistent with Public Works Plans city standards. 11. Solid Waste/Recycling. Applicant/Developer shall comply ADM On-going Standard with the City's solid waste management and recycling requirements. 5 NO. CONDITION TEXT RESP. WHEN SOURCE AGENCY REQ'D (Prior to) 12. Refuse Collection. The refuse collection service provider PL Occupancy of Standard shall be consulted to ensure that adequate space is provided Any Building to accommodate collection and sorting of pctruciblc solid waste as well as source-separated recyclable materials generated by this project. 13. Water Quality Requirements. All development shall meet PW, PL Issuance of NPDES the water quality requirements of the City of Dublin's Grading Permit NPDES permit and the Alameda County Urban Runoff Clean Water Program. 14. Phase 1 and Phase 2 Environmental Assessment Studies. PW Issuance of Standard Applicant/Developer shall supply the Director Public Works Grading Permit with a copy of the Developer's Phase 1 and Phase 2 (only as required by Phase 1) environmental assessment studies. All remediation required by those studies shall be implemented to thc satisfaction of the Director of Public Works prior to Improvement Plan approval. 15. Colors and Materials Board. Applicant shall submit a PW, PL Issuance o£ Standard colors and materials hoard subject to approval of the Director Building of Community Development to reflect any changes made Permits during project review. 16. Mechanical Equipment. All ducts, meters, check valves, PL, B Issuance of Standard blow-off valves, transformers, air conditioning equipment Building and other mechanical equipment (As determined by the Permits Community Development Director) that is on-site or roof mounted shall be screened from view of all public rights of way. The location of such equipment shall be subject to review and approval by the Director of Community Development. A screening plan shall be submitted for review and approval by the Community Development Director and Building Official prior to approval of Building Permit. Said screening plan shall show that all ducts, meters, air conditioning equipment and other mechanical and utility equipment shall be effectively screened from view with materials architecturally compatible with the materials of the structure. 17. Refuse Collection Areas. A trash bin enclosure shall be 10 PW, PL Approval of Standard feet by 12 feet in size for a single bin and 10 feet by 18 feet Improvement in size for two bins. Bins shall not be larger than 4 yards in Plans capacity. A 10 foot deep concrete apron shall be installed in front of the entire width of the enclosure. The enclosure shall have a 6 inch by 6 inch curb on the inside of the enclosure wall to protect the walls of the enclosure from the bins. The enclosure shall be built of concrete block or equivalent and shall have metal doors. Chain link doors are NO. CONDITION TEXT RESP. WHEN SOURCE AGENCY REQ'D (Prior to) not permitted. The doors must be designed so that they can be locked closed and can also be held open with pin locks during loading. Trash bin enclosures shall bc finished so that they arc architecturally compatible with the related main structure. Trash bin enclosures shall be properly maintained and free of graffiti. All trash bins used for this site shall bc maintained within the trash bin enclosure(s) at all times. 18. Parking. Applicant/Developer shall provide on-site parking PL Completion of Standard as shown on the Site Plan prepared by Siegfried Engineering Improvements dated received by thc Dublin Department of Community Development on May 16, 2000. Handicapped, visitor, employee, and compact parking spaces shall be appropriately idcmificd. 19. Parking Restriction. All tandem parking spaces shall be PL On-going restricted for either vehicle inventory or employee parking only. Thc tandem parking stalls shall not be used for visitor parking. 20. Project Signage. Thc project signage shall conform to the PL Prior to Standard approved plans. Issuance of Building Permit DEBtS/DUST/CONSTRUCTION ACTIVITY 21. Construction Trash/Debris. Measures shall be taken to PW, B On-going Standard contain all construction related trash, debris, and materials during on-site until disposal of-site can be arranged. The construction Developer/Applicant shall keep the adjoining public streets and properties free and clean of project dirt, mud, and materials during thc construction period. The Developer shall be responsible for corrective measures at no expense to thc City of Dublin. 22. Dust. Areas undergoing grading, and all other construction PW, B On-going Standard activities, shall be watered, or other dust palliative measures during used, to prevent dust, as conditions warrant, construction DEDICATIONS AND IMPROVEMENTS 23. Record of Survey. Applicant/Developer shall have a PW Prior to Standard licensed Land Surveyor in the State of California prepare a Grading Permit Record of Survey or Parcel Map of the property, and all adjacent parcels of the project site and those parcels affected by deeds of record, future right of way dedication of the extension dedication of Scarlet Drive from Scarlett Court to Dublin Blvd. to the satisfaction of the Director of Public 7 NO. CONDITION TEXT RESP. WHEN SOURCE AGENCY REQ'D (Prior to) Works and thc County Land Surveyor. This record survey shall establish existing and proposed monumentation of Scarlet Drive, Scarlet Court and Dublin Blvd. from Dougherty Road to the Southern Pacific Right of way. It shall also show all existing and proposed easements and the abandonment of any existing easements on the mapped parcels to the satisfaction of the Director of Public Works. 24. Public Improvements. The ApplicantJDevcloper shall PW Prior to Standard replace all damaged improvements, along the project occupancy of frontage, within the public right-of-way, including curb, building gutter, sidewalks, driveways, paving and utilities to the satisfaction of the Director of Public Works. Any improvement constructed within the public right-of-way shall bc constructed in accordance with the City's approved standards and/or plans and may be constructed only after an encroachment permit has been issued by the City of Dublin. 25. Encroachment Permits. An encroachment permit shall bc PW Prior to Standard secured from thc Director of Public Works for any works Grading Permit done within thc public right-of-way where the work is not covered under the public improvement plans. 26. Removal of Obstructions. Applicant/Developer shall PW Prior to Standard remove all trees including major root systems and other building Permit obstructions from building sites that are necessary for public improvements or for public safety as directed by thc Director of Public Works (DPW). 27. Public Service Easement Dedications. Applicant/ PW Approval of Standard Developer shall dedicate 10' wide Public Service Easements Improvement abutting the proposed Scarlet Drive right of way on the east Plans side (along the project frontage of the proposed street). Applicant/Developer shall dedicate a minimum of 10' wide Public Service Easement over all existing and proposed joint utility trench lines and/or public storm drain lines outside of the proposed right-of-way to the satisfaction of Director of Public Works per requirements of the public utility companies as necessary to serve this area with utility services and allow for vehicular and utility service access. 28. Dedication and Improvement of Fire/Emergency Access. PW, F Issuance of Standard Applicant/Developer shall provide adequate access and turn- Grading Permit around for general public, fire and other emergency vehicles (42-foot minimum outside turning radii or hammerhead) per Alameda County Fire Department (ACFD) standard requirements in all public streets. Internal drive aisles shall be designed to allow fire and other emergency vehicles to I NO. CONDITION TEXT RESP. WHEN SOURCE AGENCY REQ'D (Prior to) conveniently pass through (20 foot minimum lane width) and have access to all buildings. Applicant/Developer shall dedicate an Emergency Vehicle Access Easement (EVAE) through the site to assure unobstructed access to all sides of i each building to the satisfaction of Alameda County Fire Department and the Director of Public Works. 29. Fire/Emergency Access. Applicant/Developer shall provide PW, F Issuance of Standard adequate access for fire and other emergency vehicles per Building Alameda County Fire Department (ACFD) standard Permit requirements. Drive aisles shall be designed for fire and other emergency vehicles to conveniently pass through (20- foot minimum lane width) and have access to all buildings. The Developer shall provide adequate access for fire and other emergency vehicles per Alameda County Fire Department (ACFD) standard requirements. Driveways and drive aisles shall be designed for fire trucks and other emergency vehicles to conveniently pass through the site and have access to all buildings. Detailed final layout and design of site entrance, exits and internal drive aisles must be approved by the ACFD and City Director of Public Works prior to issuance of grading and building permit. 30. Decorative Paving. Applicant/Developer shall not construct PW Occupancy of PW decorative pavement within City right-of-way. Any Building 31. Disabled Requirements/Handicap Ramps. All handicap PW Occupancy of PW ramps shall comply with all current Title 24 requirements Any Building and City of Dublin Standards. 32. Streetlights. Applicant/Developer shall construct all PW Approval of PW streetlights in the proposed Scarlett Drive street from Scarlett ~mprovement Court to the northerly end of the project frontage, and shall Aans be the City Standard cobra head luminaries with galvanized >oles. The street lights shall be connected to an un-metered secondary electrical service provided by P.G.& E. The streetlight layout and circuitry shall to the satisfaction of the Director of Pubic Works. approved by the Director of Public Works. 33. Improvement and Dedication of Scarlett Drive. PW Issuance of PW Applicant/Developer shall dedicate to the City of Dublin Grading Permit public street right-of-way to be known as Scarlett Drive for public street purposes (35'-wide right of way), and shall improve said right-of-way to a width of 26' curb to curb, with a 6'-wide sidewalk on the project side of the road from existing Scarlet Court to the northerly property line of the site as shown on the approved site plan per City of Dublin standards plans, and to the satisfaction of the Director of NO. CONDITION TEXT RESP. WHEN SOURCE AGENCY REQ'D (Prior to) Public Works. Said right-of-way improvements shall include one 13' travel lane in each direction, curbs, landscaping, fences, electroliers, fire hydrants, city monuments, signing and striping and any other typical street improvements as required by the Director of Public Works 34. Off-Site Improvement Plans. The Applicant/Developer shall PW Prior to PW prepare off-site improvements generally as depicted by the occupancy improvements plans prepared by Siegfried Engineering dated received April 12, 2000, subject to the review and approval by the Director of Public Works. All off-site improvements shall be reviewed, constructed and improved to the satisfaction of thc Director of Public Works. An Encroachment permit from the City of Dublin is required prior to thc start of construction. 35. Slope Easements. Applicant/Developer shall obtain from PW Prior to adjacent property owner temporary slope easements for Occupancy of construction of slopes on neighboring property serving thc building Site. 36. Cul-de-sac / Street Turn a Round Applicant/Developer PW, F Prior to shall dedicate and construct a temporary Cul-de-sac turn Occupancy of around or hammer head at the northerly end of proposed building Scarlet Drive to thc satisfaction of the Director of Public Works and Alameda County Fire Marshall. 37. Abandonment of Easements and Right of Ways. PW Issuance of PW Applicant/Developer or current landowner shall obtain an Grading Permit abandonment from all applicable public agencies, utility companies of existing easements and right of ways not currently used or to bc used in the near future to the satisfaction of the Director of Public Works. 38. Scarlett Drive Ultimate Design. The applicant shall be PW On-going aware that Scarlctt Drive will become one-way, once the northerly site is improved and thc roadway adjacent to the frontage will become thc north bound one-way leg. 39. Location of Improvements/Configuration of Right of PW Grading Permit PW Way. All public streets, sidewalks, driveway approaches, street lights, traffic markings and signs, storm drainage facilities, fences, handicap ramps, and other street improvements shall be located within the public right of way. The location of improvements and configuration of the right of way shall be approved by the DPW prior to construction. A precise alignment of the future Scarlett Drive shall be prepared to established the vertical and horizontal alignments from Scarlett Court to Dublin Boulevard. l0 NO. CONDITION TEXT RESP. WHEN SOURCE AGENCY REQ'D (Prior to) 40. ADA Requirements/Handicap Ramps. PW Completion of Standard Applicant/Developer shall construct all new handicap ramps Improvements to currant State ADA requirements and City of Dublin Standards. Thc site design must include a 5' sidewalk from thc proposed building entrance to thc proposed public sidewalk on Scarlctt Drive. 41. Curb Returns. Applicant/Developer shall construct thc PW Issuance of Standard northeast curb return of proposed Scarlet Drive and Scarlet Grading Permit Court to a minimum of 40 feet curb radius and thc northwest curb return shall bc 20 feet to accommodate thc existing box- culvert headwall as approved by the Director of Public Works. 42. Signing and Striping Plan. A signage and striping plan PW Building PW shall be submitted to the Public Works Department for Permit review and approval for all traffic control devices to be installed in the public right-of-way with this project. The developer shall install a 'stop sign' on Scarlett Drive at Scarlett Court and a 'no outlet' sign at the entrance from Scarlett Court. An additional plan shall be prepared showing dimensions of all travel lanes, curbs and right of way to the proposed ultimate configuration on Scarlett Drive from Scarlett Court to Dublin Boulevard to the satisfaction of the Director of Public Works. 43. Entrances. Applicant/Developer shall construct both PW Issuance of entrances off Scarlett Drive shall have a minimmn driveway Grading Permit width of 36 feet, 18 feet in-bound and 18 feet out-bound and constructed in accordance with City of Dublin Standard Plans and specifications. Said driveway entrances shall be secured during non-operation hours. An approved Knox Box or gate controller over-ride switch shall be installed at each entrance to allow emergency vehicles to enter the site during non-operation hours, as required by the Alameda County Fire Marshal. 44. Drainage Study. Applicant/Developer shall prepare a PW Submitted PW Drainage Study of the watershed area that is affected by this Prior to Issuing project for approval by the Director of Public Works. Grading Permit 45. Storm Drain Improvements. Applicant/Developer shall PW Issuance of PW construct all required storm drain improvements and Grading Permit mitigation measures identified resulting from flows from this project by the Drainage Study and/or specified by the DPW shall become requirements of this project. Applicant / Developer shall prepare all necessary improvement plans and obtain the encroachment permits from the required agencies including Zone 7. 46. [Offsite]Storm Drain Improvements. Applicant/Developer PW Occupancy of PW Any Buildinlg NO. CONDITION TEXT RESP. WHEN SOURCE AGENCY REQ'D (Prior to) shall construct all offsitc storm drain improvements needed to serve the project, as shown on preliminary improvement plans of Scarlctt Drive prepared by Siegfried Engineering, Inc. dated 4/12/00, for this project. 47. [Offsite]Water and Sewer Lines. Applicant/Developer PW Occupancy of PW shall construct all offsite fire hydrants, water and sewer lines any building needed to serve the street, project, and future adjacent parcels to the satisfaction of Dublin San Ramon Services District. 48. Best Management Practices. Developer/Applicant shall PW BLDG Standard demonstrate to the Director of Public Works that the project development meets the requirements of the City of Dublin's "Best Management Practices" to mitigate storm water pollution. 49. Water Quality Requirements. All development shall meet PW Various times Standard the water quality requirements of the City of Dublin's including: NPDES permit and the Alameda County Urban Runoff grading and Clean Water Program. The plans must include a separate building Erosion and Sediment Control plan to be implemented permit, and on- during the rainy season (October 1 st to April 15th). Said plan going. shall conform to the latest standards of the Regional Water Quality Control Board. The site design shall also include some type of permanent filtration system for all storm drain inlets within the paved areas to prevent hydrocarbons and other petroleum-based contaminants from entering the public storm drain system. Installation details shall be included on the plans. In addition, all storm water inlets shall be stenciled "No Dumping - Flows to Bay" using a standard stencil available from the Alameda County Urban Runoff Clean Water Program, located at 951 Turner Court, Hayward, California. 50. Grading Plan design. Grading Plan design must be based on PW Approval of PW the Geotechnical Investigation prepared by, MatriScope, Inc., Improvement dated July 1999. The Soils Engineer shall review and sign the Plans Grading Plan prior to the start of construction. The Soils Engineer, or his representative, shall be present at all times during grading of the project. 51. Pad elevations 1 foot above the 100-year storm event. The PW Approval of PW Developer shall demonstrate to the Director of Public Works Improvement that the elevations of proposed building pads on this project Plans are a minimum of 1 foot above the 100-year storm event. 52. Storm Water Outfall Structure. The installation of the PW Grading Permit PW storm water outfall structure and the lateral entry to the culvert headwall within the Chabot Canal may require a Clean Water Act (CWA) Section 401 Water Quality Certification issued by the Regional Water Quality Control 12 NO. CONDITION TEXT RESP. WHEN SOURCE AGENCY REQ'D (Prior to) Board (RWQCB). It may also require a CWA Section 404 Permit issued by the Army Corps of Engineers, and a 1603 Streambed Alteration Agreement with the California Fish and Game. The applicant shall provide evidence that those regulatory agencies who may claim jurisdiction over the proposed work have been notified, and that all conditions or restrictions imposed by those agencies have been complied with. 53. Joint Utility Trenches/Undergrounding/Utility Plans. PW Occupancy of PW Applicant/Developer shall construct all joint utility trenches affected units Utilities (such as electric, telephone, cable TV, and gas) in accordance with the appropriate utility jurisdiction standards. All communication vaults, electric transformers, cable TV boxes, blow-off valves and any appurtenant utility items thereto shall be underground and located behind proposed sidewalk within the 10' wide public service easement, unless otherwise approved by DPW and any applicable agency. All conduit shall be under the sidewalk within public right of way to allow for street tree planting. Utility plans, showing locations of all proposed utilities (including electrical vaults and underground transformers) behind the sidewalk shall be reviewed and approved by the DPW. Location of these items shall also be shown on the Final Landscaping and Irrigation Plan. 54. Joint Utility Trenches/Undergronnding/Utility Plans. PW, PL Occupancy of PW Applicant/Developer shall construct all joint utility trenches Affected Utilities (such as electric, telephone, cable TV, and gas) in accordance Buildings with the appropriate utility jurisdiction. All communication vaults, electric transformers, and cable TV boxes shall be underground in designated landscape areas. Utility plans, showing the location of all proposed utilities (including electrical vaults and underground transformers) shall be reviewed and approved by the Director of Public Works and Community Development. Location of surface or aboveground items shall be shown on the Final Landscaping and Irrigation Plan and screened from view. 55. Underground Utilities. All utilities for the new building PW, PL Approval of Standard (i.e. electrical, telecommunications, cable television, gas, Improvement etc.) shall be installed underground, unless approval is Plans granted by the Director of Community Development and the Public Works Director. 56. No Parking Areas along Scarlett Drive. PW Occupancy of PW Applicant/Developer shall designate no parking areas along Any Building Scarlett Drive from Scarlet Court to northerly project line, as 13 NO. CONDITION TEXT RESP. WHEN SOURCE AGENCY REQ'D (Prior to) directed by thc DPW. 57. Vehicle Loading/Unloading. PW Issuance of PW The Applicant/Developer shall revise the site plan that Grading Permit allows trucks with car-carrier trailers to load and unloading on-site. No vehicle loading or unloading shall occur within the public right-of-way. In addition, the drive aisles shall be wide enough and the turning radii large enough to allow truck-trailer combinations to maneuver through the site without having to back-up into thc right-of-way to exit the site. 58. Public Facilities Fee. Applicant/Developer shall pay a PCS As indicated in PCS Public Facilities Fee in the amounts and at the times set forth Condition of in City of Dublin Resolution No 60-99, adopted by the City Approval Council on April 6, 1999, or in thc amounts and at the times set forth in any resolution revising the amount of the Public Facilities Fee. Landscaping 59. Final Landscape and Irrigation Plan. A Final Landscape PL, PW Bldg. and Irrigation Plan conforming to the requirements of Section 8.72.030 of the Zoning Ordinance (unless otherwise required by this Resolution), stamped and approved by the Director of Public Works and the Director of Community Development. The Final Landscape and Irrigation Plan shall be generally consistent with the revised Landscape Plan by Polhemus Enterprises (at 1 inch = 20 feet or larger), along with a cost estimate of the work and materials proposed, shall be submitted for review and approval by the Community Development Director. Landscape and irrigation plans shall provide 60. Landscaping and Street Trees. The Applicant/Developer PL, PW Completion of PW shall construct all landscaping within the site, and within the Improvements public right-of-way from Scarlet Court to the northerly limit of the site, and within public service easements, to City of Dublin landscape guidelines and specifications, and to the satisfaction of the DPW. Street tree varieties of a minimum 15-gallon size, bushes and groundcover shall be planted along all street frontages on both sides of the street and shall be shown on Landscaping plans of the site and Scarlet Drive. Exact tree locations and varieties shall be reviewed and approved by DPW. The proposed variety of trees to be planted adjacent to sidewalks or curbs and grated shall be submitted for review and approval by the DPW. Root shields 14 NO. CONDITION TEXT RESP. WHEN SOURCE AGENCY REQ'D (Prior to) shall be required for all trees planted within 10' of the public sidewalk or curb & gutter shall be constructed, unless otherwise determined by the DPW. 61. Landscaping at Aisle Intersections. Developer/Applicant PL, PW Completion of Standard shall install Landscaping at parking lot aisle intersections Improvements shall be such that sight distance of cars at the intersection of Scarlet Drive is not obstructed. Except for trees, landscaping shall not be higher than 30 inches above the curb in these areas. 62. Landscaping Maintenance. Applicant/Developer shall PL Occupancy of PW construct all landscaping within the site and along the project Any Building frontage from the face of curb to the site right-of-way to the satisfaction of the Director of Public Works. Street tree varieties of a minimum 15-gallon size shall be planted along all street frontages and shall be shown on the Landscaping plans. Exact tree locations and varieties shall be reviewed and approved by the Director of Public Works. All landscaping materials within the public right-of-way and on- site landscaping shall be maintained in accordance with the "City of Dublin Standards Plant Material, Irrigation System and Maintenance Agreement" by the Developer after City- approved installation. This maintenance shall include irrigation, fertilization, weeding, the application of pre- emergent chemical applications, and the replacement of materials that die. Landscaping at aisle intersections shall be such that sight distance is not obstructed. Except for trees, landscaping shall not be higher than 30 inches above the curb in these areas. 63. Lighting, Utilities, Drainage. Final landscape and irrigation PL, PW Issuance of Standard plans shall show location of all pedestrian lighting, utilities, Grading drainage ditches and under drains at bottom of slopes. Plans Perm it/ shall address planting trees within public service easements Issuance of and avoiding conflict with utilities. Building Permits 64. Lighting. The Developer/Applicant shall submit for PL, PW Issuance of Standard approval a photometric lighting plan which demonstrates that Grading all exterior areas of the site will have a lighting level not less Permit/ than 1.5 foot-candles at the ground surface. Lighting in Issuance of landscaped areas throughout the project shall be subject to Building review and approval of City's Landscape Architect, Permits Planning, and Public Works Departments, in consideration of IES standards for lighting in public/community areas. 65. Minimum Landscape Setbacks. All planted areas between PL, PW Issuance of Standard roadways/drives/parking spaces and fences or other Gradin~ 15 NO. CONDITION TEXT RESP. WHEN SOURCE AGENCY REQ'D (Prior to) roadways shall be 5' minimum. Street tree plantings must be Permit/ continued along all street frontages. Issuance of Building Permits 66. Slope Transitions. Adequate slope areas shall be provided PL, PW Issuance of Standard in all landscaped areas between streets/roadways/curbs and Grading fences to allow slope transition at top and bottom and Permit/ adjacent to fences. Issuance of Building Permits 67. Bicycle Parking. The applicant/Developer shall install one PL, PW Completion of Standard Bicycle parking rack for two bikes near one building entry to Improvements the satisfaction of the Director of Public Works. 68. Monument Signs. Design of any monument signs shall be PL, PW Completion of Standard approved both by the Director of Community Development Improvements to assure compatibility with design elements of the project, and by the DPW to assure unobstructed traffic visibility. 69. Backflow Devices. Backflow devices shall be screened from PL Issuance of Standard view by means of fencing, enclosures, landscaping and/or Building berms. Permits 70. Water Efficient Landscape Regulations. PL, PW, Issuance of Standard Applicant/Developer shall ensure that the Final Landscaping DSR Building and Irrigation Plan conforms to the City's Water Efficient Permits Landscape Regulations, including dual piping to facilitate future recycled water. 71. Standard Plant Material, Irrigation and Maintenance PW, PL Prior to Standard Agreement. The Applicant shall complete and submit to the Building Dublin Planning Department the Standard Plant Material, Perm it Irrigation and Maintenance Agreement. 72. Health, Design and Safety Standards. Prior to final PW, PL Occupancy of Standard approval allowing occupancy of any new building, the Any Building physical condition of the building shall meet minimum health, design, and safety standards including, but not limited to the following: a. The streets providing access to the site shall be PL Occupancy of Standard complete to allow for safe traffic movements to and Any Building from the site. b. All traffic striping and control signing on streets PW Occupancy of Standard providing access to the site shall be in place. Any Building d. Exterior lighting shall be provided for building PW Occupancy of Standard entrances and shall be of a design and placement so as Affected not to cause glare onto adjoining properties. Building e. All repairs to the street, curb, gutter, and sidewalk PW Occupancy of Standard which may create a hazard shall be completed to the Any Building satisfaction of the Director of Public Works and any non-hazardous repairs shall be complete and/or bonded for. f. All buildings shall have an illuminated address number PL, PO Occupancy of Standard that is clearly visible from the middle of the street. Any Building NO. CONDITION TEXT RESP. WHEN SOURCE AGENCY REQ'D (Prior to) g. Lighting used after daylight hours shall he adequate to PL,POBP Plans Standard provide for security needs (Photometrics and lighting W Approved prior plans for the site shall be submitted to the Department to Issuance of of Community Development and the Dublin Police Building Services for review and approval. Perm its/ Lighting Installed prior to Occupancy of Any Building h. All sewer clean-outs, water meter boxes, and other PW Occupancy of Standard utility boxes shall be set to grade to the approval of the Any Building Director of Public Works. i. The buildings shall have received all necessary B Occupancy of Standard inspections and have final approval by the Building Any Building Department to allow occupancy. j.. All fire hydrants on Amador Plaza Road and in parking F Occupancy of Standard lot area shall be operable to City and ACFD standards. Any Building k. All parking lot aisles on the site shall be improved to an PW, F Occupancy of Standard adequate width and manner to allow for fire engine Any Building circulation to the approval of the Director of Public Works and ACFD. 1. Exterior landscaping shall be kept at a minimal height PO On-going PO and fullness giving patrol officers and the general public surveillance capabilities of the area. m. Applicant/Developer shall keep the site clear of graffiti PO On-going PO vandalism on a regular and continuous basis at all times. Graffiti resistant materials should be used. n. ApplicanffDeveloper shall work with the Dublin Police PO Plan submitted PO on an ongoing basis to establish an effective theft prior to prevention and security program. Applicant/Developer Occupancy of shall submit a security plan for the site for review and Any Building approval by the Dublin Police. EMERGENCY SERVICES 73. ACFD Rules, Regulations and Standards. F Issuance of Standard Applicant/Developer shall comply with all Alameda County Building Fire Services (ACFD) rules, regulations and standards, Permits including minimum standards for emergency access roads and payment of applicable fees, including City of Dublin Fire Impact Fees. 74. Fire Conditions. Developer shall comply with all F Issuance of Standard conditions of the Alameda County Fire Department (ACFD), Building including: Permits a. Automatic fire sprinklers. An approved automatic fire sprinkler system shall be installed throughout. Sprinkler systems serving more than 100 heads shall be monitored by an approved central station, U.L. listed and certified for fire alarm NO. CONDITION TEXT RESP. WHEN SOURCE AGENCY REQ'D (Prior to) monitoring. A copy of thc U.L. listing must be provided to thc Alameda County Fire Department, City of Dublin, Fire Prevention Division, prior to scheduling thc final test system. (CFC, 1998, Section 1003.3 as amended). b. Roadways. Fire apparatus roadways must have a minimum unobstructed width of 20 fcct and an unobstructed vertical clearance of not less than 13 feet 6 inches. Turning radius shall allow emergency vehicles access completely around the building. Roadways under 36 feet wide shall be posted with signs or shall have red curbs painted with labels on one side; roadways under 28 feet wide shall be posted with signs or shall have red curbs painted with labels on both sides of the street as follows: "NO STOPPING FIRE LANE - CVC 22500.1". (CFC 1998, Section 1998). c. Fire lanes. Areas in the parking lot shall be designated "Fire Lane" in order to provide access to the structures in the parking lot. d. Flammable/Hazardous Materials. An inventory statement (HMIS) for any/all hazardous materials, including Material Safety Data Sheets, shall be supplied to the Alameda County Fire Department, City of Dublin, Fire Prevention Division, for approval of process/storage/handling requirements. Additional Alameda County Environmental Health Agency requirements, including a business emergency plan/hazardous materials management plan (BEP/HMPP) and local planning (zoning) building approvals, shall/may be required. (CFC 1998, Section 8001.3.3 (a). e. Emergency lighting. Emergency lighting shall be installed to the satisfaction of the ACFD. f. Knox Box. A Knox key lock system is required. Applications are available at the Alameda County Fire Department, Fire Prevention Division, 100 Civic Plaza, Dublin, CA 94568. Please return the completed application with the building plans when you submit for a permit or prior to final inspection for occupancy. (CFC Section 902.4). g. Portable fire extinguishers. Provide at least one 2A 10BC portable fire extinguisher for each 3000 sq.ft, of floor area. Travel distance to an extinguisher shall not exceed 75 feet of travel distance and shall not be between floors. (CFC, 1998, Sec. 1002.1) h. Fire Permit. A Fire Department permit (is/may be) required. Contact you Inspector at (925) 833- 6606 for specific details. i. Water Supply. Water Supply for Fire Flow and the number of Fire Hydrants shall be sufficient for the size of the building and type construction j. Signage. Signage is required for Fire Sprinkler Riser, Fire Alarm Room/Panel, Electric Room/Panel, Roof Access and any location that may require access during an emergency. k. Rubbish. During construction, combustible or flammable waste materials or rubbish of any kind shall not be permitted on any yard, vacant lot or open space. 1. Plans may be subject to revision following review. 75. Addressing. Addressing and building numbers. Approved I PO ] Occupancy of PO NO. CONDITION TEXT RESP. WHEN SOURCE AGENCY REQ'D (Prior to) numbers or addresses shall be placed on all new and existing Any Building buildings. The address shall be positioned as to be plainly visible and legible from the street or road fronting the property. Said numbers shall contrast with their background. Individual suite numbers shall be permanently posted on the main entrance doors or tenant spaces. (CFC, 1998, Section 901.4.4) If rear doors to tenant spaces are installed, they shall include the numerical address corresponding to the address on the front of the building. 76. Employee exit doors. Employee exit doors shall e equipped PO Occupancy of PO with 180 degree viewers if there is not a burglary resistant Any Building window panel in the door from which to scan the exterior. 77. Final lighting plan. The applicant shall submit a final PO Occupancy of PO lighting plan for approval by the Dublin Police Services. At Any Building a minimum the plan should include: .50 foot candle lighting at all doors, 1.0 foot candle lights at ground level in parking lot areas, and lighting fixtures should be of a vandal-resistant type. 78. Landscaping. Exterior landscaping shall be kept at a PO Occupancy of PO minimal height and fullness giving patrol officers and the Any Building general public surveillance capabilities of the area. 79. Graffiti. The applicant shall keep the site clear of graffiti PO Occupancy of PO vandalism on a regular and continuous basis at all times. Any Building Graffiti resistant materials should be used. 80. Theft prevention and security program. The applicant PO Building PO shall work with the Dublin Police Services on an ongoing Permit basis to establish an effective theft prevention and security , program. 81. Non Residential Security Requirements. The Developer PO Occupancy of PO shall comply with all applicable City of Dublin Non Any Building Residential Security Requirements. Employee exit doors shall be equipped with 180 degree viewers if there is not a burglary resistant window panel in the door from which to scan the exterior. 82. Perimeter fencing. Perimeter fencing shall be utilized PO ongoing PO around the entire perimeter of the site. A twelve-inch curbing along the west edge of the property may be used instead of fencing to reduce the possibility of vehicles being driven off the lot over the curb and sidewalk. 83. Security Program. The Developer shall work with the PO Occupancy of PO Dublin Police Department on an ongoing basis to establish Any Building an effective theft, robbery, and burglary prevention/security program for the business. 84. Security Plan. The applicant shall submit a security plan to PO Occupancy of PO the satisfaction of the Chief of Police. The plan shall Any Building NO. CONDITION TEXT RESP. WHEN SOURCE AGENCY REQ'D (Prior to) include: alarm systems, inventory control, key control, methods for securing exit driveways, a completed "Business Site Emergency Response Card" and employee safety training. 85. Driveway areas. The Security Plan shall show how the PO Occupancy of PO driveway areas shall be effectively secured during hours Any Building when the business is closed. ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, ZONE 7 86. Hopyard Pipeline. Zone 7 owns the 18" Hopyard pipeline Zone 7 lssuance of Standard which is located on thc eastern edge of the property. A Zone Grading 7 encroachment permit is required to prior to any work with Permits the within the 15-foot waterline easement. This permit will become effective upon payment of an application fee and the deposit of an approved surety bond with Zone 7 and any applicable inspection charges. 87. Easement Rights. Zone 7 will need easement rights on both Zone 7, Build Permit Standard sides of Chabot Canal. PW 88. Access to Chabot Canal. Zone 7 has an existing 17-foot Zone 7, Issuance of Standard wide access easement located along the easterly side of PW Grading Chabot Canal. Zone 7 access should be preserved with a Permits curb adjacent to the east fence so Zone 7 can access the channel with maintenance equipment. This access may be part of the "eastern" Scarlett Drive. Zone 7's 17-foot access easement should be clearly labeled on the building permit plans and improvement plans. 89. Outfall. The outfall structure shall conform to the Zone 7 Zone 7, Issuance of Standard standard drawing SF-605. PW Grading Permits 90. Rip Rap. Rip rap slope protection of the bank opposite the Zone 7, Issuance of Standard 36" storm drain is required. PW Grading Permits 91. Access Easement. The Access Easement shall be shown on Zone 7, Issuance of Standard the grading plans to the satisfaction of Zone 7. PW Grading Permits 92. Encroachment Permit. An encroachment permit is Zone 7, Issuance of Standard required for all improvements within the Zone 7 right-of- PW Grading way. Permits 93. Wells. Any well on the site without a documented intent of Zone 7, Issuance of Standard future use, filed with Zone 7, shall be destroyed prior to any PW Grading demolition or construction activity in accordance with a well Permits destruction permit obtained from Zone 7 and the Alameda County Department of Environmental Services or will be maintained in accordance with applicable groundwater 20 NO. CONDITION TEXT RESP. WHEN SOURCE AGENCY REQ'D (Prior to) protection ordinances. Other wells encountered prior to or during construction are to be treated similarly. DUBLIN SAN RAMON SERVICES DISTRICT (DSRSD) 94. Construction by Applicant/Developer. All onsite potable DSRSD Completion of Standard and recycled water and wastcwater pipelines and facilities Improvements shall bc constructed by thc Applicant/Developer in accordance with all DSRSD master plans, standards, specifications and requirements. 95. DSRSD Water Facilities. Water facilities must be DSRSD Acceptance of DSRSD connected to the DSRSD or other approved water system, Improvements and must be installed at thc expense of Applicant/Developer in accordance with District Standards and Specifications. All material and workmanship for water mains and appurtenances thereto must conform with all of the requirements of the officially adopted Water Code of the District and shall be subject to field inspection by thc District. Applicant/Developer shall comply with all of the following general conditions: 96. Standard Procedures. Prior to thc issuance of building I DSRSD Prior to DSRSD permits, complete improvements shall bc submitted to Issuance of DSRSD confirming with the requirements of the DSRSD Building Code, "Standard Procedures, Specifications and Drawings Permit for Design and Installation of Water and Wastewater Facilities," all applicable DSRSD Master Plans and DSRSD policies. 97. Mains. All mains shall be sized to provide sufficient DSRSD Prior to DSRSD capacity to accommodate future flow demands in addition to Issuance of each development project's demand. Layout and sizing of Building mains shall be in accord with DSRSD utility master Permit planning. 98. Gravity Flow. Sewers shall be designed to operate by DSRSD Prior to DSRSD gravity flow to DSRSD's existing sanitary sewer system. Issuance of Pumping of sewage is discouraged and may be allowed Building under extreme circumstances following a case-by-case Permit review with DSRSD. Any pumping station shall require specific review and approval by DSRSD of preliminary design reports, design criteria and final plans and specifications. The DSRSD reserves the right to require payment of present worth 20-year maintenance costs as well another conditions within a separate agreement with the applicant for any prqject that requires a pumping station. 99. Fire Protection Domestic and fire protection waterline DSRSD ' Prior to DSRSD systems shall be designed to be looped or interconnected to Issuance of avoid dead-end sections in accord with the requirements of Building the DSRSD Standard Specifications and sound engineering Permit practices. 100. Sewer/Water lines to be located in Public streets. DSRSD DSRSD Prior to DSRSD policy requires public water and sewer lines to be located in Issuance of public streets to the fullest extent possible. If unavoidable, Building 21 NO. CONDITION TEXT RESP. WHEN SOURCE AGENCY REQ'D (Prior to) public water or sewer easements must be established to Permit provide for future maintenance and/or replacement. 101. Depict all Easements. Prior to approval by the City ora DSRSD Prior to DSRSD grading permit or a site development permit, the locations Issuance of and widths of all proposed casement dedications for water Grading Permit and sewer lines shall bc submitted to and approved by DSRSD. 102. Easement Dedications. AIl easement dedications for DSRSD Acceptance of DSRSD DSRSD facilities shall be by separate instrument irrevocably Improvements offered to DSRSD or by offer of dedication on a Final Map. 103. Fees. Prior to issuance of a building permit, all utility DSRSD Prior to DSRSD connection fees, inspection fees, permit fees and fees Issuance of associated with a wastewater discharge permit shall be paid Grading Permit to DSRSD in accord with the rates and scheduled established in the DSRSD Code. 104. Prior to issuance of a building permit, all improvement plans DSRSD Prior to ~ DSRSD of DSRSD facilities shall be signed by thc District Engineer. Issuance of Prior to DSRSD approval, thc developer shall pay all Building DSRSD fees, and provide an estimate of constraction costs Permit for water and sewer systems, a performance bond, a one-year maintenance bond, and a comprehensive general liability insurance policy in thc amounts and forms acceptable to DSRSD. Fifteen working days arc required for DSRSD approval. 105. Construction Permit. No sewer or water line construction DSRSD Prior to DSRSD shall be permitted unless the proper utility construction Issuance of permit has been issued by DSRSD. A construction permit Grading Permit will only be issued after all other items have been satisfied. 106. Hold Harmless. The developer shall hold DSRSD, its DSRSD On-going DSRSD Board of Directors, commissions, employees, and agents of DSRSD harmless and indemnify and defend same from any litigation, claims, or fines resulting from the construction and completion of the project. PASSED, APPROVED AND ADOPTED this 13th day of June, 2000. AYES: NOES: ABSENT: Cm. Jennings Community Development Director Cm. Hughes, Oravetz, Johnson, and Oravetz 22