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HomeMy WebLinkAboutPC Reso04-12 PA02-003 West Dublin Transit Village SDR RESOLUTION NO. 04 - 012 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A TENTATIVE PARCEL MAP 8096 AND SITE DEVELOPMENT REVIEW PA 02-003 LEGACY PARTNERS - WEST DUBLIN TRANSIT VILLAGE WHEREAS, Legacy Partners has requested approval of a Tentative Parcel Map and Site Development Review for a mixed-use transit village project consisting of a maximum of 304 multi-family dwelling units, approximately 1,000 square feet of neighborhood retail space, and approximately 150,500 square feet of office space, surface parking, landscaping and related improvements on approximately 9.06 acres of land within the West Dublin BART Specific Plan area at 6700 Golden Gate Drive, generally located north of the 1-580 freeway and south of the future extension of St. Patrick Way; and WHEREAS, the Applicant/Developer proposes to split the 9.06 acre property into two separate parcels to facilitate development of the land uses and seeks approval of the development plan for the mixed-use project; and WHEREAS, a completed application for each of the requested actions is available and on file in the Dublin Planning Department; and WHEREAS, the Specific Plan was prepared as a self-mitigating plan. Upon adoption of the Negative Declaration, the City found that the Specific Plan and associated actions would not have a significant effect on the environment because mitigation was incorporated into the Plan as part of the Plan implementation (Resolution 00-227). In this context, the Specific Plan policies, standards and programs act as mitigations that must be included in subsequent implementing developments, such as the Project. The Project is consistent with and implements the Specific Plan land uses, policies, standards, guidelines and programs; and WHEREAS, the City prepared an Initial Study dated November 6, 2003 for the Project consistent with CEQA Guidelines section 15162 and determined that the Project would not result in any significant adverse impacts. Although not required by CEQA, the City prepared a draft subsequent Mitigated Negative Declaration pursuant to CEQA Guidelines section 15162 to examine how the Specific Plan policies, standards and programs were included in the Project, and thus how prior adopted mitigation established in the Specific Plan would be implemented. The draft Mitigated Negative Declaration and Initial Study are attached as Exhibit A of Attachment 1 to the Staff report and incorporated herein by reference; and WHEREAS, the draft Mitigated Negative Declaration was circulated for public review from November 10, 2003 to December 2, 2003. The City received one comment letter on the Project, from Adams Broadwell Joseph & Cardozo, dated December 2, 2003. Although not required by CEQA, the City prepared written responses to all the comments in a Responses to Comments document dated February 10, 2004. The comment letter and responses are attached as Exhibit B and incorporated herein by reference. The comment letter included a substantial amount of background materials that are on file and available for review in the Planning Department; and WHEREAS, the responses provide the City's good faith, reasoned analysis of the environmental issues raised by the comments; and WHEREAS, the City carefully reviewed the comments and written responses and determined that no subsequent EIR-level review of the document was warranted, that the prior Negative Declaration and the Project Mitigated Negative Declaration adequately identified and analyzed the Project's environmental impacts, and that the comments and responses did not constitute or require substantial revisions to the Mitigated Negative Declaration. On these bases, the City determined that no recirculation of the Mitigated Negative Declaration was required pursuant to CEQA Guidelines section 15073.5; and WHEREAS, a Staff report, dated February 24, 2004 and incorporated herein by reference, described and analyzed the draft Mitigated Negative Declaration, including comments and responses, and the Project for the Planning Commission; and WHEREAS, a Tentative Parcel Map has been submitted to the City as required by Section 8.32.030 of the Dublin Zoning Ordinance, and WHEREAS, the Planning Commission did hold a public hearing on said applications on February 24, 2004; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted to the Planning Commission recommending approval of the Tentative Parcel Map and the Site Development Review for PA 02-003; and WHEREAS, the Planning Commission did hear and use their independent judgment and considered all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE BE IT FURTHER RESOLVED THAT the Dublin Planning Commission does hereby approve the Vesting Tentative Parcel Map and Site Development Review for PA 02-003 Legacy Partners, West Dublin Transit Village project, subject to the following Conditions of Approval and subject to City Council approval of the proposed Planned Development Rezoning and Development Plan. This approval shall be as generally depicted by materials labeled Exhibit A, Development Plan, stamped "approved" and on file in the Dublin Planning Division of the Community Development Department, which includes Architectural (floor and elevations) Plans prepared by the MBH, dated "received January 2, 2004"; Preliminary Landscape Plans prepared by Carducci & Associates dated "received January 2, 2004"; and, Preliminary Grading and Drainage Plan; Preliminary Utility Plan; and, Vesting Tentative Parcel Map prepared by Kier & Wright, except as modified by the Conditions of Approval contained below. * Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use, and shall be subject to Department of Community Development review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [ADM] Administration/Ci_ty Attorney, [B] Building division of the Community Development Department, [DSR] Dublin San Ramon Services District, [F] Alameda Coun _ty Fire Department/Ci _ty of Dublin Fire Prevention, [F1N] Finance Department, [PL] Planning Division of the Community Development Department, [WDBSP] West Dublin BART Specific Plan, [PO] Police, [PW] Public works Department. VESTING TENTATIVE PARCEL MAP 8069 CONDITION TEXT ~SPON, ~N SO--CE AGENCY ~Q'D prior to: GENERAL CONDITIONS 1. Approval of Vesting Tentative Parcel Map. Approval of the PL City Standard Vesting Tentative Parcel Map for Parcel No. 8069, West Dublin Approval of Transit Village, is conditioned upon the requirement that the Final Map development be consistent with the approved Planned Development (PD) Rezoning, including the Land Use and Development Plan, and the related General Provisions, Standards and Conditions. The City of Dublin, by its approval of the Vesting Tentative Map, makes no finding, expressed or implied, as to whether the proposed division and development of the property will or will not reasonably interfere with the free and complete exercise of rights described in Government Code Section 66436 (a)(3)(A)(1). Approval of this map includes the right to develop these parcels with these general uses. The Final Map(s) shall substantially comply with Exhibit A, the Vesting Tentative Parcel Map prepared by Kier & Wright, Engineers, dated received January 2, 2004 and those plans prepared by the MBH, Architects, and Carducci & Associates, Landscape Architects, dated received January 2, 2004, unless modified by the Conditions of Approval contained herein and the Development Agreement. 2. Fees. Applicant/Developer shall pay all applicable fees in effect Various Various Standard at the time of building permit issum~ce, including, but not limited times, but no to: Planning fees; Building fees; Regional Traffic Impact fees, later than Dublin San Ramon Services District fees; Public Facilities fees; Issuance of Dublin Unified School District School Impact fees; Dublin Fire Building Services fees; Noise Mitigation fees; Inclusionary Housing In- Permits Lieu fees as set forth in these conditions; Alameda County Flood and Water Conservation District (Zone 7) Special Drainage Area (SDA) 7-1 and Water Connection fees; and any other fees as noted in the Development Agreement. If the Development Agreement approved for this project conflicts with this condition, the Development Agreement shall prevail. 3. Action ProgramsfMitigation Measures. Applicant/Developer PL Approval of Standard shall comply with all applicable action programs and mitigation Improvement measures of the Mitigated Negative Declaration, West Dublin Plans through BART Specific Plan and any previously approved applicable completion action programs and mitigation measures that have not been made specific Conditions of Approval. CONDITION TEXT RESPON' W~N SOURCE AGENCY prio~ to: 4. Development Agreement. Applicant/Developer shall not develop PL City Approval Standard any of the parcels or uses allowed by this entitlement until the of Ist Final Development Agreement is executed, and all appeal periods have Map lapsed. Said Development Agreement will address such issues as required by the West Dublin BART Specific Plan, as related to improvements and dedication of property for the future alignment of St. Patrick Way, and as applicable related to improvements to other streets in the project vicinity in accordance with the Development Agreement. The term "develop" shall mean recordation of the first final parcel map for Parcel Map 8069 or the issuance of Building Permits for any building or structure associated with the project. 5. Standard Public Works and Site Development Review PL Ongoing Standard Conditions of Approval. Applicant/Developer shall comply with all applicable City of Dublin Standard Public Works (Attachment A), Vesting Tentative Parcel Map and Site Development Review Conditions of Approval incorporated herein. In the event of a conflict between the Standard Public Works Conditions of Approval and these Conditions, these conditions shall prevail. 6. Conditions of Approval and Development Agreement. PL Ongoing Standard Applicant/Developer shall comply with all applicable City of Dublin Conditions of Approval incorporated herein. In the event of a conflict between these Conditions of Approval and the terms of the Development Agreement, the executed Development Agreement shall prevail. 7. Ordinances/General Plan/Policies. The Developer shall comply PL Approval of Standard with the City of Dublin Subdivision Ordinance, City of Dublin Improvement Zoning Ordinance adopted September 1997, the City of Dublin Plans through General Plan, (as amended) applicable Specific Plan, (as completion amended) Public Works criteria and City Grading Ordinance. 8. West Dublin BART Specific Plan. Subject to the terms of the PL Approval of WDBSP executed Development Agreement, Applicant/Developer shall Improvement comply with all applicable action programs and mitigation Plans through measures of the West Dublin BART Specific Plan and Mitigation completion Measures identified in the Negative Declaration prepared for the West Dublin BART Specific Plan that have not been made specific Conditions of Approval of this or previous projects, thereby superceding the pertinent measures referenced in those documents. The City shall determine which of the requirements from these prior approvals are applied at this stage of approval, and which are applicable upon approval of subsequent tentative maps. CONDITION TEXT ~SPON, WHEN SOURCE AGENCY ~Q'D Prior to: 9. Building Codes/Ordinances and Permits. All project B Issuance of Standard construction shall conform to all building codes and ordinances in Building effect at the time of building permit. To apply for building Permits and permits, the Applicant/Developer shall submit eight (8) sets of Ongoing construction plans together with final site plan and landscape plans to the Building Department for plan check. Each set of plans shall have attached a copy of these conditions of approval with notations as to how the condition is being satisfied. The plans shall clearly indicate how all conditions of approval will be, or have been complied with. Construction plans will not be accepted without the annotated conditions attached to each set of plans. The Applicant/Developer will be responsible for obtaining the approvals of all participating non-City agencies prior to the issuance of building permits. The following items should be included on the drawings submitted to the Building Division: · Provide a detailed plan on exit path from within the building to the public way; · Show location of all rooftop equipment, including isometric outline of the gas/plumbing systems; · Provide details on all construction type for the structure; and · Per 1105B.3.2 CBC, areas to be made accessible include the following: a. Customer and office areas, together with related toilet rooms. b. Conference rooms, viewing and demo rooms or cubical and similar areas. c. Employee work areas shall have a minimum 36" wide clear access, except as modified in other portions of these regulations. d. All exterior address signage to meet the Dublin Municipal Code, i.e. front of building signage to be illuminated. e. Rear of building signage to be a minimum of 6" in height and to be visible to a passing police officer. 10. Construction Drawings/Plans. Construction drawings/plans B Prior to Standard shall be fully dimensioned (including building elevations) Issuance of accurately drawn (depicting all existing and proposed conditions Building on the site), and prepared and signed by a California licensed Permits Architect or Engineer. The site plan, landscape plan and details shall be consistent with each other. 11. Fire Codes and Ordinances. All project construction shall F Building Standard conform to all fire codes and ordinances in effect at the time of Permit building permit. 12. Infrastructure. The location and siting of project specific PL Approval of Standard wastewater, storm drain, recycled water, and potable water system Improvement infrastructure shall be consistent with the resource management Plans policies of the Dublin General Plan, West Dublin BART Specific Plan, and Public Works Standards. CONDITION TEXT RESPON, WHEN SOURCE AGENCY ~Q~D PriOr to: 13. Refuse Collection. Thc refuse collection service provider shall PL Occupancy of Standard bc consulted to ensure that adequate space is provided to Any Building accommodate collection and sorting of petrucible solid waste as well as source-separated recyclable materials generated by the residents, retail and office uses within this project. 14. Refuse Collection Location. The Applicant/Developer shall PL, PW Approval of Standard provide designated refuse collection areas for the project, to the Improvement satisfaction of the City Engineer and the Community Plans; Development Director. Collection areas shall be shown on the Approval of Final Map, improvement and landscape plans for each phase of the project. Occupancy of The refuse collection plan shall be approved by the appropriate Any Building solid waste collection company prior to approval of improvement (For Each plans. All refuse collection areas shall be screened from public Phase of the view and shall have roofs to protect against rainwater intrusion Project) and floor drains connected to the sanitary sewer system to collect runoff from periodic washdown. 15. Recycling. Applicant/Developer shall provide recycling PL, PW Occupancy of Standard collection areas within the refuse collections areas in confom~ance Any Building with the City of Dublin's recycling program. Separate recycling chutes shall be provided within the apartment buildings that allow residents to separate recyclables from other refuse before placing the materials into chutes to convey the materials to the dumpster areas beneath the podium. All dumpster areas shall have designated space for recyclable collection and pick-up. 16. Pedestrian Access to Transit Facilities. The project plan shall PL Approval of PL include a pedestrian accessway from east to west across the site to Final Map allow pedestrians access to transit facilities at the future BART Station. This accessway shall be designed to facilitate a future connection with a pedestrian accessway to the station on the adjacent BART-owned property. Additionally, the accessway shall be designed and constructed to allow access by the disabled. 17. Open Space Areas. Open Space and common areas within the PL Recordation of PL development and within the boundaries of the West Dublin Final Map Transit Village properties shall be under private ownership and and/or shall be maintained by the Property Owner. Approval of Improvement Plans PUBLIC WORKS 18. Vesting Tentative Parcel Map 8069. The Applicant/Developer PW Prior to PW shall prepare Final Map(s) subdividing the property into the approval of configuration, size and number of lots shown on the Vesting final Parcel Tentative Parcel Map 8069 in accordance with the requirements Map of the Subdivision Map Act and City of Dublin standards. The map shall be reviewed and approved by the City Engineer/Public Works Director prior to recordation. CONDITION TEXT RESPON. W~N ! SOURCE AGENCY ~Q'D priorto: ; 19. Improvement Agreement and Security. Pursuant to §7.16.620 PW Prior to PW of the Municipal Code and Subdivision Map Act §66499, the approval of Applicant/Developer shall enter into an Improvement Agreement final Parcel with the City concurrent with Final Parcel Map approval to Map guarantee required public and site improvements. Improvement Security must be posted to guarantee the faithful performance of the required improvements and the payment for labor and materials. Such Security shall be in the form of cash, a certified or cashier's check, a letter of credit, or surety bonds executed by the Applicant/Developer and by a corporate surety authorized to do business in California. The amount of the Security guaranteeing faithful performance shall be 100% of the estimated cost of the required work. The amount of the Security guaranteeing the payment for labor and materials shall be 100% of the estimated cost of the required work. The Applicant/Developer shall provide an estimate of these costs for approval by the City Engineer/Public Works Director with the first submittal of the final map and improvement plans for checking. 20. Vesting Tentative Map Expiration. The Vesting Tentative Map PW N/A PW shall have that life determined by the Subdivision Map Act, including but not limited to Section 66452.6, and as set forth in the Dublin Municipal Code, unless otherwise stipulated in the Development Agreement. 21. Title Report. A current preliminary title report together with PW Prior to PW copies of all recorded easements and other encumbrances and approval of copies of Final Maps for adjoining properties and off-site final Parcel easements shall be submitted for reference as reasonably deemed Map necessary by the City Engineer/Public Works Director during review of the final map. 22. Summary Vacation of Existing Public Easements. Public PW Prior to PW Easements that are no longer necessary based on the current site approval of layout and right-of-way configuration shall be summarily vacated final Parcel on the final map pursuant to §66499.20½ of the Subdivision Map Map Act and pursuant to Division 9, Part 3, Chapter 4, Article 1, §8333 of the Streets and Highways Code. 7 CONDITION TEXT ~SPON~ WHEN SOURCE AGENCY ~Q'" Prior to: 23. Obsolete Private and/or Utility Easements. Permanent PW Prior to PW structures shall not be constructed ~vithin existing private and/or approval of utility easements unless authorization is granted by the easement final Parcel beneficiary. Private easements that are no longer necessary based Map on the new site configuration shall be extinguished or modified as necessary by the Applicant/Developer to eliminate the conflict. The following conflicting easements may include, but may not be limited to: a. 15' sewer line and water line easement (recorded as Series No. 99-254099) b. 10' sanitary sewer easement (recorded on Reel 4233, Image 399) c. 10' PG&E easement (recorded as Series No. 83-093562) d. 10' water line easement (recorded on Reel 4233, Image 404) e. 35' no-build easement (recorded as Series No. 94- 323682) 24. Easement Dedications. Applicant/Developer shall dedicate PW Dedication of PW easements on the final map or by separate instrument as follows: Parcel Map a. Private ingress/egress easement across the drive aisles and pedestrian walkways that flank the apartment building on Parcel 1 for the benefit of Parcel 2. b. Reciprocal private sanitary sewer, water, storm drain, and/or utility easements across both Parcels 1 and 2, unless otherwise encumbered by easements granted to specific utility providers pursuant to their requirements. c. Public sidewalk easements granted to the City of Dublin for all access ramps serving the public sidewalk that extend outside of the public right-of-way. d. Public emergency vehicle access easement (20'-minimum width) granted to the City of Dublin at locations dictated by the Fire Marshal. e. Public service easement along project frontage (1 O'-wide except where building interferes). Any other easements deemed reasonably necessary by the City Engineer/Public Works Director during final design and/or construction. 25. Parkland Dedication/Fee. The developer shall pay Public PW Prior to PW Facilities Fees in the amounts and at the times set forth in City of approval of final Parcel Dublin Resolution No. 60-99, adopted by the City Council on April 6, 1999, or in the amounts and at the times set forth in any Map resolution revising the amount of the Public Facilities Fee, as implemented by the Administrative Guidelines adopted by Resolution 195-99. CONDITION TEXT ~SPON, W~N SOURCE AGENCY ~Q'D Prior to: 26. Right-of-Way Acquisition and Dedication. The established PW Per the terms PW right-of-way for St. Patrick Way pursuant to Ordinance No. 19-03 of the must be dedicated to the public by the Applicant/Developer as Development stipulated in the Development Agreement. Easements for public Agreement utilities or services shall also be acquired and/or dedicated to accommodate all joint trench utility structures and/or appurtenances located outside of the public right-of-way. 27. Private Egress Easement to BART. Applicant/Developer shall PW Prior to PW dedicate a private egress easement across thc northeastern portion approval of of Parcel l for the benefit of thc neighboring BART property final Parcel (APN 941-1500-046). The easement shall accommodate vehicle Map or sooner as stipulated and pedestrian egress from thc future BART development across by the Parcel 1 's eastern drive aisle, terminating at St. Patrick Way. Said Development dedication shall occur on the final map, or sooner as stipulated by Agreement the Development Agreement. PHASING PLAN 28. Phasing Plan. Thc construction of thc residential/retail PL, B Approval of PL development and thc office building may occur in two (2) phases. Improvement Phase I would consist of the development of the residential/retail Plans and prior development, and Phase 2 will consist of the office building to occupancy of affected development. The Applicant/Developer shall construct ali building physical improvements within each phase for adequate parking, vehicle circulation, and pedestrian access. 29. Phased Occupancy Plan. If the Applicant/Developer wishes to B Prior to Standard further sequence the building occupancies within each of the occupancy of identified phases, then a separate Occupancy Phasing Plan shall affected be submitted for review and approval by the Building Official a building minimum of 45 days prior to any occupancy within that phase. Any phasing shall provide for adequate vehicular access to all parcels in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. No individual building shall be occupied until the adjoining area is finished, safe, accessible, and provided with all reasonable expected services and amenities, and separated from remaining additional construction activity. Each building in the phase shall have its own entrance and exit. 30. Completion of Landscaping Improvements. Subject to the PL, B Prior to Standard approval of the Director of Community Development, the occupancy of completion of landscaping may be deferred due to inclement affected weather with the posting ora bond for the value of the deferred building landscaping and associated improvements. NOISE 31. Noise Study and Mitigation Measures. An acoustical analysis, PL Approval of Standard prepared by Charles M. Salter Associates, specifically for the Cor- Improvement O-Van site identified the 1-580 freeway corridor as the main Plans/ Issuance of source of noise emissions. Although the residential portion of the Building project will be somewhat shielded from the noise generated by the Permits of freeway, the acoustical analysis recommends several mitigation each site. measures related to building construction and installation of sound-rated windows to reduce the noise impacts. The mitigation measures listed in the acoustical analysis shall be incorporated in the design of the project to mitigate noise impacts. 9 CONDITION TEXT ~SPON, W~N SOURCE AGENCY PriOr to: Noise impacts generated by mechanical equipment such as air conditioners, pool pumps, etc., shall be minimized. All sound barriers and mitigation measures recommended in the noise study shall be incorporated into the improvement plans for development of each site. Additionally, the construction plans shall be signed by an acoustical consultant. LANDSCAPING 32. Landscaping. The Applicant/Developer shall construct all PL Completion of PL landscaping within the project to the design and specifications of Improvements the applicable Landscape Plan, City of Dublin specifications, and to the satisfaction of the Director of Community Development. Tree varieties of a minimum 15-gallon size shall be planted as shown on the Preliminary Landscape Plan, Sheets L. 1 through L.6 of the Development Plan/Tentative Parcel Map SDR Package for Parcel Map 8069 prepared by Carducci & Associates and dated received January 2, 2004. Exact tree locations and varieties shall be reviewed and approved by the City's consulting Landscape Architect. The proposed variety of trees to be planted adjacent to sidewalks or curbs shall be submitted for review and approval to the City. Root shields will be required unless otherwise determined by the Director of Community Development. 33. Existing Redwood Grove. Applicant/Developer shall avoid PL On-going PL disturbance of the existing Redwood Grove along southerly property line of the development, and enhance the adjacent area as shown on the Landscape Plan. The regulations of the Heritage Tree Ordinance shall be adhered to should a tree require trimming, pruning or removal. 34. Final Landscape Plan. Applicant/Developer shall submit a Final PL Approval of PL Landscape Plan for approval by the Director of Community Final Map/ Development which shall reflect the specifications and details of Improvement the Preliminary Landscape Plan. Plans 35. Landscape Maintenance. The Applicant/Developer shall PL Approval of PL maintain landscaping after City-approved installation until the Final Map/ appropriate property ownership is established and assumes the Completion of maintenance responsibilities. This maintenance shall include, but Improvements not be limited to, weeding and the application of pre-emergent chemicals. 36. Monumentation & Entry Sign. Monumentation and entry PL Completion of PL signage at the development's intersections on St. Patrick Way Improvements shall require submittal for Sign/Site Development Review approval following approval of the SDR for the project design. LAVTA 37. LAVTA. Applicant/Developer shall cooperate with LAVTA to LAVTA Approval of LAVTA provide convenient access to public transit, to enhance local and Final Map and regional mobility and integration of LAVTA with other public Improvement Plans transit systems. The cost of procuring and installing any necessary improvements to meet the LAVTA requirements shall be paid by Applicant/Developer. Applicant/Developer shall comply with all applicable requirements of LAVTA. EMERGENCY SERVICES/FIRE 38. I Secondary Emergency Vehicle Access Route. In accordance I PW, F I Approval of I PW, F 10 CONDITION TEXT RESPON~ W~N SOURCE A ENCY prior to: with the ACFD requirements, for all phases of development in Improvement excess of 25 Units, Applicant/Developer shall provide secondary Plans emergency vehicle access routes into all proposed residential developments. In all phases of development in excess of 75 Units, Applicant/Developer shall provide a second street access into all proposed residential development. Applicant/Developer shall demonstrate how emergency access requirements shall be achieved on the Improvement Plans to the satisfaction of the City Engineer and the ACFD. 39. Fire Prevention. Fire prevention measures proposed for the F Prior to F residential units will be subject to approval by the ACFD Fire Issuance of Marshal. Building Permits ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, ZONE 7 40. Wells. Any water wells, cathodic protection wells or exploratory Zone 7 Issuance of Standard borings that are known to exist, are proposed or are located during Grading field operations without a documented intent of future use, filed Permits with Zone 7, are to be destroyed prior to any demolition or construction activity in accordance with a well destruction permit obtained from Zone 7 and the Alameda County Department of Environmental Services or are to be maintained in accordance with applicable groundwater protection ordinances. Other wells encountered prior to or during construction are to be treated similarly. 41. Requirements and Fees. Applicant/Developer shall comply Zone 7 Issuance of Standard with all Alameda County Flood Control and Water Conservation Building District-Zone 7 Flood Control requirements and applicable fees. Permits OTHER CONDITIONS 42. Postal Service. Applicant/Developer shall confer with local PL, PW Approval of Standard postal authorities to determine the type of mail units required and Final Map provide a letter from the Postal Service stating its satisfaction with the units proposed. Specific locations for such units shall be subject to approval and satisfaction of the Postal Service and the Director of Community Development and City Engineer. A plan showing the locations of all mailboxes shall be submitted for review and approval by the City Engineer. 43. Affordable Housing (Inclusionary Zoning Ordinance PL Approval of Affordable Compliance): To comply with the City's Inclusionary Zoning Final Map Housing Ordinance (Dublin Municipal Code Chapter 8.68) and any Agreement amendments thereto, 12.5%, or 38 dwelling units (ifa total of 304 units are built in the project) in the project must be affordable units in accordance with the regulations of the Ordinance. The Inclusionary units shall be affordable to very Iow-, low-, and moderate-income households as set forth in the ordinance, and the Applicant/Developer shall enter into an agreement with the City to impose appropriate resale controls required of the dwelling units, and the rental restrictions on the units. In addition, Applicant/Developer will construct 23 affordable units, and shall pay "in lieu" fees at the rate in effect at the time of building permit issuance for each remaining Inclusionary unit required to meet the City's Inclusionary Ordinance standard of affordable units in compliance with the City Council adopted Resolution, or 11 CONDITION TEXT RESPON. WHEN I SOURCE AGENCY REQ'D pri°r t°: I as agreed to by the City Council. Thc Applicant/Developer shall enter into an affordable housing agreement, as provided in DMC Section 8.68.070(D)(1) ["affordable by design"], for thc project no later than thc approval of thc final map for this subdivision to secure Applicant/Developer's obligation under the City's Inclusionary Zoning Ordinance as such obligation is specified in this condition. 44. Security Lighting. Applicant/Developer shall provide security B, F Occupancy of Standard lighting in any parking lots or areas and above each entrance/exit Building from the buildings. 45. Hold Harmless/Indemnification. Applicant/Developer, and any PL Any Action Standard parties or individuals granted rights-of-entry by Applicant/ Developer, shall defend, indemnify, and hold harmless the City of Dublin and its agents, officers, and employees from any claim, action, or proceeding against thc City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Director of Community Development, Zoning Administrator, or any other department, committee, or agency of the City concerning a subdivision or other development which actions are brought within the time period provided for in Government Code Section 66499.37 provided, however, that the Applicant/Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying the Applicant/Developer of any said claim, action, or proceeding and the City's full actions or proceedings. DSRSD 46. Construction by Applicant/Developer. All onsitc potable and DSR Completion of DSRS recycled water and wastcwater pipelines and facilities shall be Improvements constructed by thc Applicant/Developer in accordance with all DSRSD master plans, standards, specifications and requirements. 47. Expansion of Infrastructure. Expansion of existing potable DSR Completion of DSR water and sanitary sewer infrastructure and relocation of pipes Improvements within the right-of-way of St. Patrick Way are required to provide adequate capacity to the project. Existing sewer mains on Golden Gate Drive between St. Patrick Way and Dublin Boulevard, and sewer mains on Dublin Boulevard between 1-680 and Golden Gate Drive also require upsizing to meet the project demands. The Applicant/Developer shall include these improvements in the project and roadway plans, and submit all plans to DSRSD for review and approval. The Applicant/Developer must obtain construction permits from DSRSD for work on these utilities. The Applicant/Developer's construction or fair-share payment for the cost of improvements shall be determined by DSRSD. 48. Fire Protection Waterline Systems. Domestic and fire DSR Acceptance of DSR protection waterline systems shall be designed to be looped or Improvements interconnected to avoid dead end sections in accordance with requirements of the DSRSD Standard Specifications. 12 CONDITION TEXT ! ~SPON~ W~N SOURCE ~ AGENCY prior to: 49. DSRSD Water Facilities. Water facilities must be connected to DSR Acceptance of DSR the DSRSD or other approved water system, and must be installed Improvements at the expense of Applicant/Developer in accordance with District Standards and Specifications. All material and workmanship for water mains and appurtenances thereto must conform with all of the requirements of the officially adopted Water Code of the District and shall be subject to field inspection by the District. Applicant/Developer shall comply with the following re{ luirements: a. Prior to issuance of any building permit, complete DSR Issuance of DSR improvement plans shall be submitted to DSRSD that Building conform to the requirements of the DSRSD Code, the Permits DSRSD "Standard Procedures, Specifications and Drawings for Design and Installation of Water and Wastewater Facilities." all applicable DSRSD Master Plans and all DSRSD policies. b. All mains shall be sized to provide sufficient capacity to DSR Approval of DSR each development project's demand. Layout and sizing of Improvement mains shall be in conformance with DSRSD utility master Plans planning. c. Sewers shall be designed to operate by gravity flow to DSR Approval of DSR DSRSD's existing sanitary sewer system. Pumping of Improvement sewage is discouraged and may only be allowed under Plans extreme circumstances following a case-by-case review with DSRSD staff. Any pumping station will require specific review and approval by DSRSD of preliminary design reports, design criteria and final plans and specification. DSRSD reserves the right to require payment of present worth 20-year maintenance costs as well as other condition within a separate agreement with the applicant for any project that requires a pumping station. d. Domestic and fire protection waterline systems for tracts or DRS Approval of DSR commercial developments shall be designed to be looped or Improvement interconnected to avoid dead end sections in accordance Plans with requirements of the DSRDS Standard Specifications and sound engineering practices. e. DSRSD policy requires public water and sewer lines to be DRS Issuance of DSR located in public streets rather than in off-street locations to Building the fullest extent possible. If unavoidable, then public sewer Permits and all or water easements must be established over the alignment DSRS of each public sewer or water line in an off-street or private requirements street location to provide access for future maintenance and/or replacement. f. Prior to the approval by the City of a grading permit or a site DRS Prior to DSR development permit, the locations and widths of all issuance of proposed easement dedications for water and sewer lines grading shall be submitted to and approved by DSRSD. permit/site development permit 13 CONDITION TEXT RESPON. WHEN SOURCE AGENCY ~Q~D prior to: g. All easement dedications for DSRSD facilities shall be by DRS Prior to DSR separate instrument irrevocably offered to DSRSD or by approval of offer of dedication on the Final Map. Final Parcel Map h. Prior to approval by the City for Recordation, the Final Map DRS Prior to Final DSR shall be submitted to and approved by DSRSD for easement Map locations, widths and restrictions, recordation i. Prior to issuance by the City of any building permit, all DRS Prior to DSR utility connections fees, plan check fees, inspection fees, issuance of permit fees and fees associated with a wastewater discharge building permit shall be paid to DSRSD in accordance with the rates permit and scheduled established in the DSRSD Code. j. Prior to issuance by the City of any building permit, all DRS Prior to DSR improvement plans for DSRSD facilities shall be signed by issuance of the District Engineer. Each drawing of improvement plans building shall contain a signature block for the District Engineer permit indicating approval of the sanitary sewer or water facilities shown. Prior to the approval by the District Engineer, the applicant shall pa all required DSRSD fees, provide an engineer's estimate of construction costs for water and sewer systems, a performance bond, a one-year maintenance bond, and a comprehensive general liability insurance policy in the amounts and forms that are acceptable to DSRSD. The applicant shall allow at least 15 working days for final improvement drawing review by DSRSD before signature by the District Engineer. k. No sewer or waterline construction shall be permitted unless DRS Issuance of DSR the proper utility construction permit has been issued by building DSRSD. A construction permit will only be issued after all permit and all of the items in this condition have been satisfied. DSRS requirements I. The applicant shall hold DSRSD, its Board of Directors, DRS On-going DSR commissions, employees, and agents of DSRSD harmless and indemnify and defend the same from any litigation, claims, and/or fines resulting from the construction and completion of the project. m The project is located within the District Recycled Water DRS Approval of DSR Use Zone (Ord. 280), which calls for installation of recycled Improvement water irrigation systems to allow for future use of recycled Plans water for approved landscaped irrigation demands. Compliance with Ord. 280, as may be amended or superseded, is required, The District Engineer must approve any exemption thereto, in conformance with Ordinance 280. n. All irrigation facilities shall be subject to review by the DRS Approval of DSR District for compliance with District and Dept. of Health Final Services requirements for recycled water irrigation design. Landscape and Irrigation plans shall not be approved by the City until Irrigation review and approval thereof by the City is confirmed. Plans 14 CONDITION TEXT The Applicant/Developer shall coordinate with the District and Alameda County Fire Department on required fire flows. The present interim water system is capable if providing a maximum of 3,500 gallons per minute of fire flow to the site. A future reservoir will be constructed which will allow for a flow of 4,500 gallons per minute. The applicant shall hold the District harmless over the use of interim water system for fire protection. Review of Improvement Plans. All improvement plans for DSRSD facilities shall be signed by the District Engineer. The City of Dublin City Engineer shall sign all improvement plans for City of Dublin facilities. ~SPON, AGENCy DRS DSR WHEN Prior to: Approval of Improvement Plans Recordation of Final Map and Approval of Improvement Plans SOI~CE DSR DSR EMERGENCY SERVICES ACFD Rules, Regulations and Standards. Applicant/Developer shall comply with all Alameda County Fire Services (ACFD) rules, regulations, City of Dublin and standards, including minimum standards for emergency access roads and payment of >licable fees, including City of Dublin Fire facilities Fees. Fire Hydrants. The Applicant/Developer shall construct all new fire hydrants in streets to City and Alameda County Fire Department standards. Fire Conditions. Applicant/Developer shall comply with all conditions of the Alameda County Fire Department (ACFD), F F F Issuance of Building Permits Occupancy of adjacent building Issuance of Building Permits F F F Final location of fire hydrants shall be approved by the Alameda County Fire Department in accordance with current standards. Minimum fire flow design shall be for 1500 gallons per minute with 20-psi residual flowing from a single hydrant. Raised blue reflectorized traffic markers shall be epoxied to the center of the paved street opposite each hydrant. A drawing of the approved locations shall be submitted for future reference. Fire lanes shall be identified in the plan and approved by the ACFD prior to installation. Emergency Vehicle Access roadways shall be designed and installed to support the imposed loads of fire equipment. The minimum standard shall be H20 design. Design shall be approved by ACFD prior to installation. Gates or barricades designed for emergency vehicle access shall meet the standards of the ACFD and the City of Dublin. Prior to the delivery of any combustible material storage on the site, fire hydrants, water supply, and roadways shall be installed and sufficient water storage and pressure shall be available to the site. ~roved roadway shall be first lift of asphalt. Plans may be subject to revision following review. Projected Timeline. Applicant/Developer shall submit a projected timeline for project completion to the Dublin Police Services Department, to allow estimation of staffing requirements and assignments. Energy Conservation. Building plans shall demonstrate the incorporation of energy conservation measures into the design, construction, and operation of proposed development. PO B Issuance of Building Permits Issuance of Building Permits PO B 15 CONDITION TEXT RESPON, WHEN SO'CE AGENCY ~Q'D prio~ to: STANDARDS 56. Health, Design and Safety Standards. Prior to final approval PL Occupancy of Standard allowing occupancy of any new building, the physical condition Any Building 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 complete to PL Occupancy of Standard allow for safe traffic movements to and from the site. Any Building b. All street name signs on streets providing access to the PL Occupancy of Standard homes shall be in place. Any Building c. Exterior lighting shall be provided for building entrances PO Occupancy of Standard and shall be ora design and placement so as not to cause Affected glare onto adjoining properties. Building d. All buildings shall have an illuminated address number that PL, PO Occupancy of Standard is clearly visible from the middle of the street. Any Building f. Applicant/Developer shall submit a final lighting plan PL, PO, B Plans Standard (including photometrics) to the Department of Community Approved Development and the Dublin Police Services for review and prior to approval. At a minimum, the plan shall include 0.50 foot Issuance of candle lightin'g levels at all doors, 1.0 foot candle lights at Building ground level in parking lot areas, and lighting fixtures that Permits/ are a vandal-resistant type. Lighting Installed prior to Occupancy of Any Building g. All sewer clean-outs, water meter boxes, and other utility DSR Occupancy of Standard boxes shall be set to grade. Any Building h. The buildings shall have received all necessary inspections B Occupancy of Standard and have final approval by the Building Department to Any Building allow occupancy. i. All fire hydrants in streets providing access to the site shall F Occupancy of Standard be operable to City and ACFD standards. Any Building j. All streets providing access to the site shall be improved to F Occupancy of Standard an adequate width and manner to allow for fire engine Any Building circulation to the approval of the ACFD. POLICE 57. a. Exterior landscaping shall be kept at a minimal height and PO On-going PO fullness giving patrol officers and the general public surveillance capabilities of the area. b. Applicant/Developer shall provide each entrance of the PO Occupancy of PO complex with a graphic unit locator director, visible from Any Building within a vehicle as it enters the complex. c. Applicant/Developer shall keep the site clear of graffiti PO On-going PO vandalism on a regular and continuous basis at all times. Graffiti resistant materials should be used, including appropriate paints and film for windows and appropriate glass. 16 CONDITION TEXT RESPON. WHEN SOURCE AGENCy ~Q~D Prior to: d. Applicant/Developer shall work with the Dublin Police on PO Plan submitted PO an on-going basis to establish an effective theft prevention prior to and security program. Applicant/Developer shall submit a Occupancy of security plan for the site for review and approval by the Any Building Dublin Police. e The Applicant shall comply with all applicable City of Dublin Residential Security Ordinance requirements. f. Applicant/Developer shall light Unit addresses at night and as clearly visible from the middle of the street. g. The Applicant/Developer shall keep any perimeter walls clear of graffiti vandalism on a regular and continuous basis at all times. Graffiti resistant materials and foliage should be installed and maintained. h. Applicant/Developer shall install Perimeter fencing at a minimum height of six (6) feet as approved by Community Development Director. i. Applicant/Developer shall generate street names that will not duplicate those already being used in other segments of the City. j. Landscaping shall be kept at a minimal height and fullness giving patrol officers and the general public surveillance capabilities of the area. k. The Applicant/Developer shall build the recreation facility within this development & shall comply with all applicable City of Dublin Non-Residential Security Ordinance requirements. I. The Applicant/Developer shall build the recreation facility within this development & shall comply with all applicable City of Dublin Non-Residential Security Ordinance requirements. m. The Applicant/Developer shall install perimeter construction fencing & shall be fenced during construction, and the City of Dublin Community Development Director shall employ security lighting and patrols as necessary. 17 SITE DEVELOPMENT REVIEW This Site Development Review approval for PA 02-003 establishes the design concepts and regulations for the project. Development pursuant to this Site Development Review generally shall conform to the following plans and documents available and on file in the Department of Community Development (some of the following items require revisions as noted in other Conditions herein): Architectural and Site Plans prepared by MBH for Legacy Partners/AMB/West Dublin Transit Village dated received September 19, 2003; Vesting Tentative Parcel Map prepared by Kier & Wright, dated received January 2, 2004; and, Preliminary Landscaping Plan prepared by Carducci & Associates, Landscape Architect, dated received September 19, 2003, by the City of Dublin Department of Community Development stamped approved and on file. The Site Development Review shall also generally conform to the colors and materials board received on November 10, 2003, on file in the City of Dublin Department of Community Development; the written statement prepared by the Applicant/Developer and on file in the City of Dublin Department of Community Development; and is subject to the following conditions: NO. CONDITION TEXT RESPON. ~EN SOURCE AGENCY ~Q~D pgior to: GENERAL CONDITIONS 58. Compliance with Conditions. The project shall comply PL, B Through Standard with the Conditions of Approval for the Vesting Tentative Completion Parcel Map and the regulations of the Planned Development Rezoning and Stage 2 Development Plan (refer to Ordinance). 59. Fees. Applicant/Developer shall pay all applicable fees in Various Various times, Standard effect at the time of building permit issuance, including, but no later than but not limited to: Planning fees; Building fees; Regional Issuance of Traffic Impact fees, Dublin San Ramon Services District Building Permits fees; Public Facilities fees; Dublin Unified School District School Impact fees; Dublin Fire Services fees; Noise Mitigation fees; Inclusionary Housing In-Lieu fees (or as set forth in the applicable Condition herein); Alameda County Flood and Water Conservation District (Zone 7) Special Drainage Area (SDA) 7-1 and Water Connection fees; and any other fees as noted in the Development Agreement. If the Development Agreement approved for this project conflicts with this condition, the Development Agreement shall prevail. 60. Colors and Materials Board. Colors and materials shall PL Issuance of Standard reflect those approved with this project, dated received Building from MBH on November 10, 2003. If revisions are made Permits to specific colors and materials, the Applicant/Developer shall submit a colors and materials board subject to approval of the Director of Community Development to reflect any changes made during project review. 61. Unit Numbers List. Applicant/Developer shall submit a PL Issuance of Standard unit numbers list corresponding to buildings shown on the Building Tentative Parcel Map, and an address plan as described in Permits the Tentative Parcel Map conditions. Said list is subject to approval of the Director of Community Development. 18 NO. CONDITION TEXT RESPON. W~N SOURCE AGENCy ~Q,O Prior to: 62. Term. Approval of the Site Development Review shall be PL Approval of Standard concurrent with the terms of the Development Agreement Improvement to allow time for all phases of the project to be built. If Plans construction has not commenced by that time, this approval shall be null and void. The approval period for Site Development Review may be extended six (6) additional months by the Director of Community Development upon determination that the Conditions of Approval remain adequate to assure that the findings of approval will continue to be met. (note: Applicant/ Developer must submit a written request for the extension prior to the expiration date of the Site Development Review.) 63. Revocation. The SDR will be revocable for cause in PL On-going Municipal accordance with Section 8.96.020.I of the Dublin Zoning Code Ordinance. Any violation of the terms or conditions of this approval shall be subject to citation. 64.. Plotting Plans. Should the project be built in phases, PL Issuance of Standard plotting plans for each phase of the project shall be Building submitted by the Applicant/Developer to the Department Permits of Community Development for approval by the Director of Community Development prior to submitting for building permits in each respective phase. 65. Air Conditioning Units. Air conditioning units and B, PL Occupancy of Standard ventilation ducts shall be screened from public view with Unit materials compatible to the main building and shall not be roof mounted. Units shall be permanently installed on concrete pads or other non-movable materials to be approved by the Building Official and Director of Community Development. WALLS AND FENCING 66. Wall or Fence Heights. If any walls or fences are PL Approval of Standard constructed within the project area, all wall or fence Improvement heights shall be a minimum 6 feet high (except in those Plans locations where Section 8.72.080 of the Zoning Ordinance requires lower fence heights or where an 8-foot sound attenuation wall is required). Wall and fence locations and details shall be submitted with plan submission at the building permit/plan check stage. All walls and fences shall be designed to ensure clear vision at all street intersections to the satisfaction of the City Engineer. 67. Retaining Walls. All retaining walls over 30 inches in B Prior to issuance Standard height and adjacent to or in a walkway shall be provided of Building Permits and with guardrails. All retaining walls over 24 inches with a surcharge, or 36 inches without a surcharge, shall obtain Through permits and inspections from the Building Division. Completion PUBLIC WORKS 19 NO. CONDITION TEXT ~SPON' ~N I SO--CE AGENCy ~Q~D Prior to: 68. Standard Public Works Conditions of Approval. PW Prior to PW Applicant/Developer shall comply with all applicable City acceptance of of Dublin Public Works Standard Conditions of Approval Improvements (Attachment A). In the event of a conflict between the by City Council Public Works Standard Conditions of Approval and these Conditions, thc requirements of the Development Agreement shall prevail. 69. Improvement and Grading Plans. All improvement and PW Prior to issuance PW grading plans submitted to the Public Works Department of Grading/ for review/approval shall be prepared in accordance with Sitework Permit the approved Tentative Map, these Conditions of Approval, the Development Agreement and the City of Dublin Municipal Code including Chapter 7. ! 6 (Grading Ordinance). When submitting plans for review/approval, the Applicant/Developer shall also fill-out and submit a City of Dublin Improvement Plan Review Checklist (three 8-1/2" x 11" pages). Said checklist includes necessary design criteria and other pertinent information to assure that plans are submitted in accordance with established City standards. The plans shall also reference the current City of Dublin Standard Plans (booklet), and shall include applicable City of Dublin Improvement Plan General Notes (three 8-1/2" x 11" pages). For on-site improvements, the Applicant/Developer shall adhere to the City's On-site Checklist (eight 8-1/2" x 11" pages). All of these reference documents are available from the Public Works Department (call telephone 925-833-6630 for more information). 70. Grading/Sitework Permit. All site improvement work PW Prior to issuance PW and public right-of-way work must be performed per a of Grading/ Grading/Sitework Permit issued by the Public Works Sitework Permit Department. Said permit will be based on the final set of improvement plans to be approved once all of the plan check comments have been resolved. Please refer to the handout titled Grading/Site Improvement Permit Application Instructions and attached application (three 8- 1/2" x 11" pages) for more information. The Applicant/Developer must fill in and return the applicant information contained on pages 2 and 3. The current cost of the permit is $10.00 due at the time of permit issuance, although the Applicant/Developer will be responsible for any adopted increases to the fee amount. 20 NO. CONDITION TEXT RESPON, WHEN SO.CE AGENCy prior to: 71. Survey Control. Survey monuments shall be set in PW Priot to PW finished public streets and at designated property comers acceptance of or other control points in accordance with the final maps improvements by recorded for this project, and as required by the City City Council Engineer/Public Works Director. Said street monuments shall be set within a tolerance of twenty (20) seconds for any angle and 1 in 10,000 feet for distances between monuments as required by Municipal Code §9.20.040. Pursuant to Subdivision Map Act §66497, the surveyor of record shall, within five days after the final setting of all monuments, give written notice to the City Engineer/Public Works Director that the final monuments have been set. The Applicant/Developer shall then present evidence to the City Engineer/Public Works Director of the payment and receipt of payment by the surveyor of record for the monument setting. 72. Storm Drainage Study. Applicant/Developer shall PW Prior to issuance PW prepare a Storm Drainage Study for the properties and of Grading/ roads to be developed/constructed with the project. The Sitework Permit Study, including a hydrology map and hydraulic calculations, shall include an analysis of all existing and proposed pipes within the watershed. According to Zone 7, this property drains to Zone 7's Line T, also known as Dublin Creek. The analysis shall assume runoff characteristics from neighboring properties in their fully- developed condition utilizing land use designations from the West Dublin BART Specific Plan, including the neighboring BART property. The Study must demonstrate that design flows do not adversely impact existing hydraulics downstream of the project, or that downstream impacts will be mitigated with improvements to the City's pipe network, or Zone 7's channel network. All storm drain improvements and mitigation measures identified in the Study and/or specified by the City Engineer/Public Works Director shall become requirements of this project. 21 NO. CONDITION TEXT RESPON. ~N SOURCE AGENCY p~ior to: 73. Storm Drain Improvements. Prior to issuance of the PW Prior to issuance PW first Certificate of Occupancy for any building which is of Grading/ Sitework Permit part of the Project, the storm drainage systems off-site as well as on-site serving the areas to be occupied shall be improved to the satisfaction and requirements of the Dublin Public Works Department applying City's and Zone 7 Water Agencies standards and policies. If not shown on the Vesting Tentative Map, an inlet or manhole shall be provided at the right-of-way line to delineate the boundary between City and private maintenance of the pipes. If this project proceeds before development of the neighboring BART property to the east, then the new storm drain system may be connected and discharge to the pipe network that exists across the BART property (36"0 pipe along the north side of BART and 18"O along the south side of BART), provided: · BART does not contest Applicant/Developer's right to discharge to these existing pipes. · The pipes are cleaned and repaired as necessary to accommodate discharge from the new pipes. · A new public storm drain is extended within the St. Patrick Way right-of-way across the BART frontage for future connection to a system to be installed by BART within Golden Gate Drive. 74. Overland Storm Drain Flow. To accommodate potential PW Prior to issuance PW overland flow, the parking lot grading and on-site storm of Grading/ drain system shall be designed to convey storm water Sitework Permit overland to St. Patrick Way without inundating the buildings in the event the pipe network becomes pluglged. 75. FEMA Flood Zone. According to the Flood Insurance PW Prior to issuance PW Rate Map, Community Panel Number 060705-0001-B, of Grading/ published by FEMA, the Zone AE flood elevation is Sitework Permit contained within the Dublin Creek and varies between 346 and 347. All proposed structures must be elevated at least l-foot above this flood elevation, or the structures shall be flood-proofed. 76. Erosion Control during Construction. PW Prior to issuance PW Applicant/Developer shall include an Erosion and of Grading/ Sediment Control Plan with the Grading and Improvement Sitework Permit plans for review and approval by the City Engineer/Public and during construction Works Director. Said plan shall be designed, implemented, and continually maintained pursuant to the City's NPDES permit between October 1st and April 15th or beyond these dates if dictated by rainy weather, or as otherwise directed by the City Engineer/Public Works Director. 22 NO. CONDITION TEXT RESPON. ~EN SOURCE AGENCY Prior toI 77. Water Quality/Best Management Practices. Pursuant PW Prior to issuance PW to the Alameda Countywide National Pollution Discharges of Grading/ Elimination Permit (NPDES) No. CAS0029831 with the Sitework Permit California Regional Water Quality Control Board (RWQCB), the Applicant/Developer shall design and operate the site in a manner consistent with the Start at the Source publication, and according to Best Management Practices to minimize storm water pollution. In addition to the biofiltration swales proposed along the perimeter of the site, in-line filtration devices may be necessary to serve runoff areas that will not drain to biofiltration swales due to grading constraints. All trash dumpsters and recycling area enclosures that are not located inside the apartment building shall have roofs to prevent contaminants from washing into the storm drain system. The applicant shall file a Notice of Intent with the RWQCB and shall prepare and submit a Storn~ Water Pollution Prevention Plan for the City Engineer/Public Works Director's review/approval. Finally, all storm drain inlets serving vehicle parking areas shall be stenciled "No Dumping - Flows to Bay" using stencils available from the Alameda Countywide Clean Water Program. 78. Storm Water Treatment Measures Maintenance PW Prior to PW Agreement. Applicant/Developer shall enter into an acceptance of agreement with the City of Dublin that guarantees the improvements by property owner's perpetual maintenance obligation for all City Council storm water treatment measures installed as part of the project. Said agreement is required pursuant to Provision C.3.e.ii of RWQCB Order R2-2003-0021 for the reissuance of the Alameda Countywide NPDES municipal storm water permit. Said permit requires the City to provide verification and assurance that all treatment devices will be properly operated and maintained. 23 NO. CONDITION TEXT RESPON. WEN SOURCE AGENCY ~Q~D prior to: 79. Covenants, Conditions and Restrictions (CC&Rs). An PW Prior to PW Association shall be formed by recordation of a occupancy of declaration of Covenants, Conditions, and Restrictions to first building govern use and maintenance of common areas and facilities. Said declaration shall set forth the name of the association, ownership of the private access roads, the restrictions on the use or enjoyment of any portion of the access roads for maintenance and/or access, and the bylaws, rules and regulations of the Association. Prior to recordation, said CC&R document shall be reviewed by the City for compliance with this Condition. The CC&Rs shall address the following: a. Maintenance of the private access roads, any common utilities, and any common areas, including the Tot Lot. The CC&Rs shall ensure that there is adequate provision for the maintenance, in good repair and on a regular basis, of all commonly owned facilities. In the event that any area falls into a state of disrepair or fails to meet the Performance Standards established by the CC&R's, the City will have the right but not the obligation to take corrective measures and bill the Association for the cost of such repair and corrective maintenance work plus City overhead. The Declaration shall specify that, as it pertains to the maintenance of the above- listed items, it cannot be amended without the consent of the City. b. The private access roads shall be posted in accordance with California Vehicle Code Section 22658, Sections 1 and 2. The above requirements shall be included in the project CC&Rs. 24 NO. CONDITION TEXT RESPON. WHEN SOURCE AGENCY ~Q~D Prior to: 80. Construction Noise Management PW Prior to issuance PW Program/Construction Impact Reduction Plan. of Grading/ Applicant/Developer shall conform to the following Sitework Permit Construction Noise Management Program/Construction or Building Impact Reduction Plan. The following measures shall be Permit, and during taken to reduce construction impacts: construction a. Off-site truck traffic shall be routed as directly as practical to and from the freeway (I-580) to the job site. Primary route shall be from 1-680 to St. Patrick Way, or from 1-580 to San Ramon Road to Dublin Boulevard to either Regional Street or Golden Gate Drive. An Oversized Load Permit shall be obtained from the City prior to hauling of any oversized loads on City streets. b. The construction site shall be watered at regular intervals during all grading activities. The frequency of watering should increase if wind speeds exceed 15 miles per hour. Watering should include all excavated and graded areas and material to be transported off-site. Construction equipment shall use recycled or other non-potable water resources where feasible. c. Construction equipment shall not be left idling while not in use. d. Construction equipment shall be fitted with noise muffling devices. e. Mud and dust carried onto street surfaces by construction vehicles shall be cleaned-up on a daily basis. f. Excavation haul trucks shall use tarpaulins or other effective covers. g. Upon completion of construction, measures shall be taken to reduce wind erosion. Replanting and repaving should be completed as soon as possible. h. After grading is completed, fugitive dust on exposed soil surfaces shall be controlled using the following methods: 1. Inactive portions of the construction site shall be seeded and watered until grass growth is evident. 2. All portions of the site shall be sufficiently watered to prevent dust. 3. On-site vehicle speed shall be limited to 15 mph. 4. Use of petroleum-based palliatives shall meet the road oil requirements of the Air Quality District. Non-petroleum based tackifiers may be required by the City Engineer/Public Works Director. 25 NO. COND~ION TEXT RESPON, WHEN SOURCE AGENCY REQ~D Prior to: PW i. The Department of Public Works shall handle all dust complaints. The City Engineer/Public Works Director may require the services of an air quality consultant to advise the City on the severity of the dust problem and additional ways to mitigate impact on residents, including temporarily halting project construction. Dust concerns in adjoining communities as well as the City of Dublin shall be addressed. Control measures shall be related to wind conditions. Air quality monitoring of PM levels shall be provided as required by the City Engineer/Public Works Director. j. Construction interference with regional non- project traffic shall be minimized by: 1. Scheduling receipt of construction materials to non-peak travel periods. 2. Routing construction traffic through areas of least impact sensitivity. 3. Routing construction traffic to minimize construction interference with regional non- project traffic movement. 4. Limiting lane closures and detours to off- peak travel periods. 5. Providing ride-share incentives for contractor and subcontractor personnel. k. Emissions control of on-site equipment shall be minimized through a routine mandatory program of Iow-emissions tune-ups. 81. Geotechnical Report and Recommendations. The PW Prior to issuance PW Applicant/Developer shall incorporate the of Grading/ recommendations of the Preliminary Geotechnical Sitework Permit Investigation, Dublin Transit Village, prepared for the or Building Permit, and project by Treadwell & Rollo dated April 8, 2002, as during amended by a letter dated February 3, 2003, and any construction subsequent recommendations, into the project design. The Geotechnical Engineer shall certify that the project design conforms to the report recommendations prior to issuance of a Grading/Sitework Permit or Building Permit. All report recommendations shall be followed during the course of grading and construction. 26 NO. CONDITION TEXT RESPON. ~EN SOURCE AGENCY ~Q!D Prior to: 82. Traffic Study and Required Roadway Improvements. PW Improvements to ?W The Applicant/Developer shall construct all necessary on- be guaranteed site and off-site traffic mitigation/roadway improvements prior to issuance as discussed in Consultant's Report on the of Grading/ Sitework Permit Transportation and Parking Impacts for the Proposed and/or Building Dublin Transit Village prepared by Omni-Means dated Permit May 22, 2002, as amended by the Focused Trip Generation Analysis/Parking Update for the Proposed Dublin Transit Village dated May 14, 2003, and as stipulated in the Development Agreement. Said mitigations include constructing St. Patrick Way between Golden Gate Drive and Regional Street. 83. Shared Driveway along East Property Line/Future PW Prior to issuance PW BART Egress Driveway. The proposed driveway along of Grading/ the east side of Parcel 1 (residential parcel) shall be Sitework Permit designed to accommodate the connection of a future BART egress driveway near it's northern terminus at St. Patrick Way, assuming the Project precedes development of the neighboring BART property. If the BART development occurs first, Applicant/Developer shall assure that the proposed driveway conforms to the BART egress driveway, and that access from the BART egress driveway remains open and unobstructed at all times during construction. 84. St. Patrick Way Improvements. Applicant/Developer PW Prior to issuance PW shall construct St. Patrick Way in a configuration that of Grading/ follows the established right-of-way line adopted by the Sitework Permit City Council as Ordinance No.19-03 on 12/16/03, and according to City and/or Caltrans standards applicable at the time of permit issuance. All street improvements, sidewalks and access ramps, street lights and circuitry, street signs, and other public infrastructure shall be located in the public right-of-way or within easement areas dedicated to the public. Decorative paving or concrete banding shall be used to designate the boundary between the public right-of-way and private property at all flush driveways. Parking shall be prohibited on the north side of St. Patrick Way. 85. Streetscape Design Standards. The streetscape design PW Prior to issuance PW for St. Patrick Way, including sidewalks, pedestrian of Grading/ crossings, street trees and planters, street furnishings, Sitework Permit lighting, and directional signage shall be consistent with the Design Guidelines included in the West Dublin BART Specific Plan adopted as City Council Resolution No. 227-00 on 12/19/00, except as modified by these Conditions. A copy of said Specific Plan is available for reference from the Community Development Department. 27 NO. CONDITION TEXT RESPON. ~EN SO.CE AGENCY REQ'D ~ior to: 86. Street Trees. 24" box-sized street trees shall be planted PW Prior to issuance PW at 30' on center spacing along both sides of St. Patrick of Grading/ Way between Regional Street and Golden Gate Drive. Sitework Permit Said trees shall be placed in 4' x 4' tree wells with cast iron grates positioned at the back of curb. The tree variety shall be either Pyrus calleryana 'Aristocrat Pear', Pistacia chinensis 'Chinese Pistache', or Celtis sinensis 'Chinese Hackberry', as determined by the City Engineer/Public Works Director. A separate irrigation system, including separate water service, electric meter, and controller, shall be provided for these street trees. After project acceptance, these trees and the associated irrigation system will be maintained by the City. 87. Stop Controls. Stop control devices for vehicles, PW Prior to issuance PW including an R1 STOP sign, STOP pavement legend, 12"- of Grading/ wide white stop bar stripe, and appropriate double yellow Sitework Permit centerline delineation, shall be provided at the following locations: a. At the two northbound exit aisle approaches to St. Patrick Way. b. At the northbound, westbound, and eastbound exits from the sub-podium parking area. c. At the westbound St. Patrick Way approach to Regional Street. d. At the eastbound St. Patrick Way approach to Golden Gate Drive. e. At other locations deemed reasonably necessary by the City Engineer/Public Works Director during final design and/or construction. 88. Vehicle Parking. Applicant/Developer shall construct PW Prior to issuance PW on-site paved parking areas and spaces for guest, tenant, of Occupancy and resident parking according to the zoning requirements Permit(s) of the use, except as modified by these conditions and/or the Development Agreement. Occupancy of each phase of development will be dependent upon Applicant/ Developer completing the necessary parking areas to serve that phase. All parking spaces shall be double striped using 4" white lines according to Figure 76-3 and Code §8.76.070 (A) 17 of the Municipal Code. All compact- sized parking spaces shall have the word "COMPACT" stenciled on the pavement within each space. 12"-wide concrete step-out curbs shall be constructed at each parking space where one or both sides abuts a landscaped area or planter. 28 NO. CONDITION TEXT RESPON, ~EN SO.CE AGENCY ~Q~O prior to: 89. Reduction in Parking (15%). The Applicant/Developer PL Prior to Issuance PL, B is granted a 15% reduction in the amount of required of Building parking due to the transit-oriented nature of the Permit(s), development. Additionally, to ensure success of the Ongoing parking plan, the Applicant/Developer shall implement the shared parking space program for the uses on the site with a parking management plan. 90. Parking Prohibitions/Restrictions. Vehicle parking PW On-going PW shall be prohibited/restricted in the following locations: a. Prohibited along both sides of the private access driveways that extend along the west and east sides of the apartment building. This parking prohibition shall be indicated with red-painted curbs, and with R26F "No Stopping - Fire Lane" signs installed on both sides at a spacing not to exceed 200'. b. Prohibited along the north side of St. Patrick Way. This parking prohibition shall be indicated with R26 "No Parking" signs installed at a spacing not to exceed 200'. c. Prohibited in all areas within the sub-podium parking area except within marked spaces. Appropriate signs shall be posted at each entrance to the sub-podium parking area to inform residents of this prohibition. d. Restricted to loading only along the curb at the southwest and southeast comers of the apartment building. This parking restriction shall be indicated with yellow-painted curbs, and with Loading Zone signs installed adjacent to each curb. e. Prohibited or restricted at other locations deemed reasonably necessary by the City Engineer/Public Works Director during final design and/or construction. 29 NO. CONDITION TEXT RESPON. ~N SOURCE !ii AGENCY REQ'D Prior to: 91. Address Numbering System. After the final Parcel Map PW Prior to issuance PW records but before Building Permits are issued, the of Building Applicant/Developer shall propose address numbers for Permits each building/dwelling unit based on the address grid utilized within Alameda County and available from the Dublin Building Official. The addressing scheme is subject to review and approval by the City and other interested outside agencies. Signs shall be prominently displayed on St. Patrick Way that identify all addresses within the development. Addresses are required on the front and rear of each building. Apartments require address ranges to be posted on the street side of each buildings, or as otherwise required by the Building Official and Fire Marshal. The addressing submittal shall also meet the following requirements: a. Provide a site plan with the City of Dublin's address grid overlaid on the plans at 1"=30' scale; b. Highlight all exterior door opening s on plans (front, rear, garage, etc.); c. Address signage shall be provided as per the Dublin Residential Security Code; d. Provide a site plan with the approved addresses in 1"=400' scale prior to approval or release of the subject addresses. e. Exterior address numbers shall be backlit and posted to be seen from the street. 92. Replacement Parking for Neighboring Pan Pacific PW Prior to PW property. To replace the parking spaces on the acceptance of neighboring Pan Pacific property (APN 941-1500-044-02) improvements by that will be displaced when St. Patrick Way is constructed, City Council the Applicant/Developer shall stripe 33 new parking spaces on the Pan Pacific properties (APN 941-1500-044- 02 and 941-1500-045). Provided, however, that Pan Pacific grants permission for said site work on Pan Pacific property, and provided Pan Pacific concurs with the proposed new locations for the spaces to be replaced. 93. Interim Cor-O-Van Parking. Pursuant to the terms of PW Pursuant to terms PW the Development Agreement, the City will grant or Development Applicant/Developer a license to temporarily park Agreement and passenger cars and trucks on portions of St. Patrick future license Way if the City elects to acquire land for and/or construct St. Patrick Way in a manner that displaces the parking for the existing Industrial Warehouse (Cor-O-Van and others) use. The license will stipulate that the parking rights temporarily granted will not obstruct emergency vehicle access for buildings located between Regional Street and Golden Gate Drive, and that the parking will be promptly removed when the Industrial Warehouse uses are no longer in operation. 30 NO. COND~ION TEXT RESPON, WHEN SOURCE · AGENCY ~Q'D Prior to: 94. Driveway Locations/Widths along St. Patrick Way. PW Prior to PW The Applicant/Developer shall install vehicle driveways acceptance of as necessary along St. Patrick Way to serve the current or improvements by expected uses of neighboring properties. The exact City Council location and width of each driveway shall be determined after consultation with each effected property owner. 95. Site Accessibility Requirements. All disabled access PW Prior to issuance PW ramps, parking spaces for the disabled, and other physical of Occupancy site improvements shall comply with current UBC Title 24 Permit requirements and City of Dublin Standards for accessibility. 96. Streetlights. Streetlights for City streets constructed by PW Prior to PW the project shall be the City Standard cobra head fixtures acceptance of with galvanized poles located in the public right-of-way at improvements by a fixture spacing of not more than 200', or as otherwise City Council required by the City Engineer/Public Works Director. All street lights shall be connected to an un-metered secondary service established by PG&E. All publicly- maintained street lights shall be annexed into the Citywide Street Light Maintenance Assessment District 1983-1. A street lighting plan which demonstrates compliance with City standards shall be submitted prior to recordation of the Final Map and shall be subject to review and approval by the City Engineer/Public Works Director prior to installation. 97. Street Light Maintenance Assessment District. PW Prior to PW Applicant/Developer shall not contest the City's efforts to acceptance of annex the project into the Citywide Street Light improvements by Maintenance Assessment District 1983-1, and shall City Council provide all necessary documentation required by the City to complete the annexation process. The Applicant/ Developer shall comply with any City requirements necessary to conform to Proposition 218 regulations. 98. Waive right to protest. The Applicant/Developer waives PW On-going PW any right to protest the inclusion of the properties or any portion of the properties in a Landscape and Lighting Assessment District or similar assessment district, and further waives any right to protest the annual assessment for that District. 99. Relocation of Existing Improvements/Utilities. Any PW Prior to PW necessary relocation of existing improvements or acceptance of utilities shall be accomplished at no expense to the improvements by City. City Council 100. Landscaping at Intersections. Landscaping at PW Prior to issuance PW intersections shall be such that sight distance is not of Occupancy obstructed for drivers. Except for trees, landscaping shall Permit not be higher than 30 inches above the curb in these areas. 31 NO, CONDITION TEXT RESPON. i ~N sO'CE AGENCY REQ~D p~ior to~ 101. Joint Utility Trenches/Undergrounding/Utility Plans. PW Prior to PW Applicant/Developer shall construct all joint utility acceptance of trenches (including electric, telecommunications, cable improvements by TV, and gas) in accordance with standards enforced by thc City Council appropriate utility agency. All vaults, electric transformers, cable TV boxes, blow-off valves and other utility features shall bc placed underground and located behind the proposed sidewalk within the public service easement, unless otherwise approved by the City Engineer/Public Works Director. Conduit shall be under the public sidewalk within the right of way to allow for street tree planting. Utility plans showing the location of all proposed utilities shall be reviewed and approved by thc City Engineer/Public Works Director prior to installation. 102. Street Name Sign Content. Street name signs for the St. PW Prior to PW Patrick Way extension shall display the name of the street acceptance of together with a City standard shamrock logo. Posts shall improvements by be galvanized steel pipe with break away posts. City Council 103. Temporary Construction Fencing. Temporary B, PW Prior to issuance B, PW Construction fencing shall be installed along the perimeter of final of all work under construction to separate the construction Occupancy operation from the public. All construction activities shall Permit or be confined to within the fenced area. Construction acceptance of materials and/or equipment shall not be operated or stored public improvements by outside of the fenced area or within the public right-of- the City Council way unless approved in advance by the City Engineer/Public Works Director. 104. Private Street Signage. Applicant/Developer shall post PW Prior to issuance PW private street signage in the private drive aisle areas in of Occupancy accordance with the California Vehicle Code. No Permit trespassing signs should be posted as governed by the California Penal Code Section 602. 105. Construction Hours. Standard construction and grading PW Prior to PW hours shall be limited to weekdays (Monday through acceptance of Friday) and non-City holidays between the hours of 7:30 improvements by a.m. and 6:00 p.m. The Applicant/Developer may request City Council reasonable modifications to such determined days and hours, taking into account the seasons, impacts on neighboring properties, and other appropriate factors, by submitting a request form to the City Engineer/Public Works Director. For work on Saturdays, said request shall be submitted no later than 5:00 p.m. the prior Wednesday. Overtime inspection rates will apply for all after-hours, Saturday, and/or holiday work. 106. Damage/Repairs. The Applicant/Developer shall be PW Prior to PW responsible for the repair of any damaged pavement, curb acceptance of & gutter, sidewalk, or other public street facility resulting improvements by from construction activities associated with the City Council development of the project, to the satisfaction of the City Engineer/Public Works Director. 32 NO. CONDITION TEXT RESPON, WHEN SOURCE AGENCY ~Q~D Prior to: 107. Graffiti. The Applicant/Developer and/or building PW On-going PW tenant(s) shall keep the site clear of graffiti vandalism on a regular and continuous basis. Graffiti resistant paint for the structures and film for windows or glass shall be used whenever possible. 108. Occupancy Permit Requirements. Prior to issuance of PW Prior to issuance PW an Occupancy Permit, the physical condition of the project of Occupancy site shall meet minimum health and safety standards Permit including, but not limited to the following: a. The streets and walkways providing access to each building shall be complete, as determined by the City Engineer/Public Works Director, to allow for safe, unobstructed pedestrian and vehicle access to and from the site. b. All traffic control devices on streets providing access to the site shall be in place and fully functional. c. All street name signs and address numbers for streets providing access to the buildings shall be in place and visible. d. Lighting for the streets and site shall be adequate for safety and security. All streetlights on streets providing access to the buildings shall be energized and functioning. Exterior lighting shall be provided for building entrances/exits and pedestrian walkways. Security lighting shall be provided as required by Dublin Police. e. All construction equipment, materials, or on- going work shall be separated from the public by use of fencing, barricades, caution ribbon, or other means approved by the City Engineer/Public Works Director. f. All fire hydrants shall be operable and easily accessible to City and ACFD personnel. g. All site features designed to serve the disabled (i.e. H/C parking stalls, accessible walkways, signage) shall be installed and fully functional. 33 NO, CONDITION TEXT RESPON. ~EN SOURCE AGENCY ~Q'O Prior to: 109. Bicycle Racks. Bicycle racks shall be installed near the PW Prior to issuance PW entrances to the office building at a ratio of 1 rack per 40 of Occupancy vehicle parking spaces. Bicycle racks shall be designed to Permit(s) accommodate a minimum of four bicycles per rack, and so that each bicycle can be secured to the rack. The location of the bicycle rack shall not encroach into any adjacent/adjoining sidewalks in a manner that would reduce the unencumbered width of the sidewalk to less than 4'. Bicycle racks shall be placed in locations where they will have adequate lighting and can be surveilled by the building occupants. For the apartments, one bicycle storage space shall be provided within each residence or in Iockable containers or spaces if not within each individual residence. 110. Environmental Site Assessment. According to the PW Prior to issuance PW environmental assessment report prepared by Versar Inc. of Occupancy dated 11/08/00, and their follow-up letter dated 1/11/01, Permit(s) two underground fuel storage tanks (UST) were closed and removed from the site according to Alameda County Department of Environmental Health (ACDEH) requirements and protocols. If, during construction of the Project, presently-unknown hazardous materials are discovered, the Applicant/Developer shall adhere to the requirements of ACDEH, the Fire Marshal, the City, and/or other applicable agency to mitigate the hazard before continuing. I 34 NO. CONDITION TEXT RESPON. ~EN SOURCE AGENCY REQ'D Prior to: 111. Release of Security. When all improvements governed by PW Prior to PW the Improvement Agreement are complete to the acceptance of satisfaction of the City Engineer/Public Works Director, improvements by the City Engineer will recommend to the City Council that City Council the improvements be accepted and that the Security be released. Prior to the Council's acceptance, the Applicant/Developer shall furnish the following to the City: a. A Maintenance Bond or other replacement security in an amount equal to 25% of the estimated cost of the work to guarantee against defects for a one-year period. b. As-Built or Record Drawings printed on mylar of all Improvement Plans and maps associated with the project. c. A recorded copy of the Covenants, Conditions, and Restrictions that govern the project. d. A Declaration or Report by the project Geotechnical Engineer confirming that all geotechnical and grading work associated with the project has been performed in accordance with the Engineer' s recommendations. e. Payment of any outstanding City fees or other debts. f. Any other information deemed necessary by the City Engineer/Public Works Director. 112. Geographic Information System. Once the City PW Prior to PW Engineer/Public Works Director approves the acceptance of development project, a digital vectorized file on floppy or improvements by CD of the Improvement Plans shall be submitted to the City Council City and DSRSD. Digital raster copies are not acceptable. The digital vectorized files shall be in AutoCAD 14 or higher drawing format or ESRI Shapefile format. Drawing units shall be decimal with the precision of 0.00. All objects and entities in layers shall be colored by layer and named in English, although abbreviations are acceptable. All submitted drawings shall use the Global Coordinate System of USA, California, NAD 83 California State Plane, Zone III, and U.S. foot. Said submittal shall be acceptable to the City's GIS Coordinator. PARKING 113. Parking. Applicant/Developer shall provide parking as PL Completion of Standard shown on the Site Plan and Project Matrix-Parking Plan, Improvements Sheet EX-2 of the SDR package dated received on September 19, 2003 by the Dublin Department of Community Development. All parking spaces shall be double-striped with 4-inch wide stripes set approximately 2 feet apart as shown on the "Typical Parking Striping Detail". Handicapped and visitor parking spaces shall be 35 NO. CONDITION TEXT RESPON. ~EN SOURCE AGENCY ~Q'D Prior to: i appropriately identified on the pavement. 114. Recreational Vehicle Parking. Recreation vehicle PL On-going Municipal parking shall not be permitted on site and shall be Code regulated by the CC&R's. POLICE ! 15. Residential Security. The project shall comply with the PL, B Occupancy of Standard City of Dublin Residential Security Requirements of the Units Residential Security Ordinance. CC&R's for the project will include posting of private street areas in accordance with California Vehicle Code Section 22658, sections 1 and 2. Fire lanes will also be posted in accordance with California Vehicle Code Section 22500.1. The Applicant/Developer and/or Property Owner shall keep perimeter walls clear of graffiti vandalism on a regular and continuous basis at all times. Graffiti resistant paints and foliage shall be used. The CC&R's shall provide for graffiti removal in perpetuity. LANDSCAPING 116. Final Landscaping and Irrigation Plan. Applicant/ PL Issuance of Standard Developer shall submit a Final Landscaping and Irrigation Building Permits Plan, conforming to the requirements of Section 8.72.030 or according to of the Zoning Ordinance (unless otherwise required by Phased this Resolution). The plans shall be stamped and approved Occupancy Plan, whichever is first by the Director of Community Development. That plan should generally conform to the Site Plan and Preliminary Landscape Plan prepared by Carducci & Associates, Landscape Architect, dated received September 19, 2003. It must reflect any revised project design shown on the Vesting Tentative Parcel Map or Development Plan with a later date. 117. Review. Shrub, vine, espalier, perennial, and ground PL Issuance of PL cover varieties shall be reviewed and approved by the Building Permits or according to Director of Community Development. Phased Occupancy Plan, whichever is first 1 18. Fire-resistant or drought tolerant plant varieties. Fire- PL, F Issuance of PL, F resistant or drought tolerant plant varieties shall be Building Permits required in the plant palette and installed within the or according to project. Phased Occupancy Plan, whichever is first 119. Monument Signs. Design of monument signs shall be PL, PW Completion of PW, PL approved by the Director of Community Development to Improvements assure compatibility with design elements of the project and by the City Engineer to assure unobstructed traffic visibility. 120. Backflow Devices. Backflow devises shall be hidden PL Issuance of Standard from view by means of fencing, enclosures, landscaping Grading Permits and/or berms. 36 NO, CONDITION TEXT RESPON, ~N SOURCE AGENCY ~Q~D Prior to: 121. Standard Plant Material, Irrigation System and PL Occupancy of Standard Maintenance Agreement. Applicant/Developer shall Any Unit sign and submit a signed copy of the City of Dublin Standard Plant Material, Irrigation System and Maintenance Agreement prior to the occupancy of any units. 122. Water Efficient Landscape Regulations. PL, DSR Issuance of Standard Applicant/Developer shall ensure that the Final Grading Permits Landscaping and Irrigation Plan conforms to the City's Water Efficient Landscape Regulations, including dual piping to facilitate future recycled water. Standards 123. Health, Design and Safety Standards. Prior to final PL Occupancy of Standard approval allowing occupancy of any residential unit, the Unit physical condition of the subdivision and the lot where the unit is located shall meet minimum health, design, and safety standards including, but not limited to the following: a. The streets providing access to the residential/retail of PL Occupancy of Standard office unit shall be complete to allow for safe traffic Unit movements to and from the home. b. All street name signs on streets providing access to PL Occupancy of Standard the units shall be in place. Unit c. The units shall have a back-lighted illuminated PL Occupancy of Standard street/unit number. Unit d. The lot shall be finish graded, and final grading B Occupancy of Standard inspection shall have been approved by the Building Unit Department. e. All sewer clean-outs, water meter boxes, and other DSR Occupancy of Standard utility boxes shall be set to grade to the approval of Unit the City Engineer. f. The units shall have received all necessary B Occupancy of Standard inspections and have final approval by the Building Unit Department to allow occupancy. g. All fire hydrants in streets providing access to the F Occupancy of Standard units and buildings shall be operable to City and Unit ACFD standards. h. All streets providing access to the units and buildings F Occupancy of Standard shall be improved to an adequate width and manner Unit to allow for fire engine circulation to the approval of ACFD. i. Common areas of the project shall be landscaped by PL Occupancy of Standard phase. Unit j. All mailbox units shall be at the back of the curb. PL Occupancy of Standard Unit k. Exterior lighting shall be provided for unit and PL Occupancy of Standard building entrances and shall be of a design and Unit placement so as not to cause glare onto adjoining properties. 37 1. Lighting used after daylight hours shall be adequate PL, PO, B Occupancy of Standard to provide for security needs. (Photometrics and Unit lighting plans for the site shall be submitted to the Department of Community Development and Dublin Police Services for review and approval prior to the issuance of building permits). 124. Glare/Reflective Finishes - The use of reflective finishes PL Issuance of Standard on building exteriors is prohibited. In order to control the Building Permits effects of glare within this subdivision, reflective glass shall not be used on all south-facing windows. M!SCE ,.NEoUS : : : 125. Compliance With Requirements. Applicant/Developer F, PW, PO, Approval of Standard shall comply with all applicable requirements of the City Zone 7, Improvement of Dublin, Alameda County Fire Department, Public DSR, PL Plans Works Department, Dublin Police Service, Alameda County Flood Control District Zone 7, Dublin Unified School District and Dublin San Ramon Services District, or as set forth in the executed Development Agreement. PASSED, APPROVED AND ADOPTED this 24th day of February 2004. AYES: Cm. Fasulkey, Nassar, and Machtmes NOES: ABSENT: ABSTAIN: Cm. King Community Development Director ~}/lannlng~mlSslon g:\PA#X2002\PA02-003LPC-Reso TMP&SDR 38