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HomeMy WebLinkAboutPC Reso04-24 PA03-061 Dublin Trnst Ctr Site A-2 SDR RESOLUTION NO. 04-24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING SITE DEVELOPMENT REVIEW FOR PA 03-061 DUBLIN TRANSIT CENTER SITE A-2 (EAH, INC) LOCATED AT THE SOUTHWEST CORNER OF DUBLIN BOULEVARD AND DEMARCUS BOULEVARD (APN 986-0001-010 in part) WHEREAS, the Applicant, Benny Kwong of EAH, Inc., has requested approval of Site Development Review for PA 03-061, Dublin Transit Center Site A-2, for the construction of a 112-unit affordable apartment community on approximately _+2 acres of land, located on a portion of Site A of the Dublin Transit Center, within the Eastern Dublin Specific Plan, at the southwest comer of Dublin Boulevard and DeMarcus Boulevard; and WHEREAS, the Applicant has submitted a complete application for Site Development Review for the construction ofa 112-unit affordable apartment community which is available and on file in the Planning Division; and WHEREAS, a Master Development Agreement for the Dublin Transit Center project was adopted by Ordinance 5-03 and allows all required low income and very-low income units for the entire Dublin Transit Center project to be located on Site A-2; and WHEREAS, the Master Development Agreement requires that the project be in compliance with the provisions of the City's Inclusionary Zoning Regulations in effect at the time of Site Development Review approval; and WHEREAS, based on the current Inclusionary Zoning Regulations 30% of the units must be set aside for very low income households and 20% for low income households; and WHEREAS, the Applicant is proposing to provide 67 very-low income units at 50% or less of the area median income and 45 low income units at more than 50% to 60% of the area median income for a total of 112 afibrdable units in accordance with the terms of the Master Development Agreement and the City's Inclusionary Zoning Regulations; and WHEREAS, the Applicant has submitted project plans for the requested entitlement dated received March 8, 2004 and a color and materials board dated received January 14, 2004; and WHEREAS, the California Environmental Quality Act (CEQA), together with State guidelines and City environmental regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, Pursuant to the California Environmental Quality Act, Staff has recommended that the project be found exempt from CEQA pursuant to Government Code section 65457 for residential projects that are consistent with a specific plan. The Project is within the scope of the Final Environmental Impact Report for the Dublin Transit Center General Plan Amendment, Eastern Dublin Specific Plan Amendment, Stage 1 Planned Development Zoning, Tentative Parcel Map, and Development Agreement (SCH 2001120395) which was certified by City Council Resolution No. 215-02 dated November 19, 2002. This recommendation is based on a determination that there are no supplemental impacts that would require preparation of a Supplemental EIR; and WHEREAS, the Planning Commission did hold a public hearing on said project application on March 23, 2004; and WHEREAS, proper notice of said public heating was given in all respects as required by law; and WHEREAS, a Staff Report was submitted to the Planning Commission recommending approval of said application; and WHEREAS, the Planning Commission did hear and use their independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Planning Commission of the City of Dublin does hereby make the following findings and determinations regarding said Site Development Review: The proposed construction of a 112 unit affordable apartment community, as conditioned, is consistent with the purpose and intent of Chapter 8.104 Site Development Review of the Zoning Ordinance in that it will contribute to orderly, attractive and harmonious site and structural development within the Dublin Transit Center project area; is in compliance with the development regulations and zoning requirements of the Stage 1 Planned Development adopted for Site A of Dublin Transit Center; and, will promote the general welfare by providing more opportunities for affordable housing with the Dublin Transit Center and the City as a whole. The 112 unit affordable apartment community residential use complies with the policies of the General Plan, the Eastern Dublin Specific Plan, with the development regulations and performance standards for the Dublin Transit Center Stage 1 Planned Development Zoning in which the project is located, and with all other requirements of the Zoning Ordinance as conditions of approval have been applied to the project to ensure that the apartment community will be compatible with the surrounding area. The proposed construction of a 112 unit affordable apartment community, as conditioned, will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare, as there will not be any significant enviromnental impacts associated with the project and the project has been conditioned to comply with all mitigation measures adopted as part of the Dublin Transit Center EIR. The proposed construction of a 112 unit affordable apartment community will not be injurious to property or improvements in the neighborhood as the project is conditioned to comply with all Building Division, Fire Department, Public Works Department, and Dublin San Ramon Services District requirements. Eo The proposed site development, including site layout, structures, vehicular access, circulation and parking, setbacks, height, walls, public safety and similar elements, have been designed to provide a desirable environment for the project and surrounding areas. F. The subject site is physically suitable for the type, density and intensity of the proposed l l2-unit affordable apartment community residential use and related structures. The proposed construction of a 112 unit affordable apartment community will not impact views as the proposed 4 story building will be constructed on a portion of Site A thus creating breaks in building clusters when the remainder of Site A develops and is compatible with the Stage 1 Planned Development zoning which allows for the creation of a high density residential community near mass transit for the purpose of encouraging greater use of public transportation and less dependency on the automobile. H. There are no impacts to slopes or topographic features as the site is generally flat. I. Architectural considerations, including the character, scale and quality of the design, the architectural relationship with the site and other buildings, building materials and colors, screening of exterior appurtenances, exterior lighting, and similar elements have been incorporated into the project and as conditions of approval in order to ensure compatibility of this development with the development's design concept and the character of future residential uses. Jo Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, provisions and similar elements have been considered to ensure visual relief and an attractive environment for the public. BE IT FURTHER RESOLVED that the Planning Commission does hereby approve said application, PA 03-061, Dublin Transit Center Site A-2 (EAH, Inc) Site Development Review to construct a 112-unit affordable apartment community located at the southwest corner of Dublin Boulevard and DeMarcus Boulevard, as generally depicted on the plans prepared by KTGY Group, Inc, labeled Attachment 1 to the March 23, 2004 Staff Report, consisting of fourteen (14) sheets, dated received March 8, 2004, stamped approved, and on file with the Community Development Department; the color and materials board dated received January 14, 2004, stamped approved, and on file with the Community Development Department; and, the Applicant's written statement, labeled Attachment 2 to the March 23, 2004 Staff Report, consisting of three (3) sheets, subject to the following conditions: CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use, and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [PL] Planning, [BI Building, [PO] Police, [PW] Public Works [ADM] Administration/City Attorney, [FIN] Finance, [PCS] Parks and Community Services, [F] Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [LDD], Livermore Dublin Disposal, [CO] Alameda County Department of Environmental Health, [Zone 7], Alameda County Flood Control and Water Conservation District, Zone 7, [LAVTA], Livermore Amador Valley Transit Authority, [CHS], California Department of Health Services. 1. Approval. Ihis Site Development Review approval for Dubl~ Tr~sit PL On-going Center Site A-2 (E~, Inc), PA 03-061 establishes ~e detailed design concepts and regulations for the project. Development pursuit to t~s Site Development Review generally shall confo~ the project pl~s submitted by KTGY Group, Inc dated received Mamh 8, 2004 and the colors and materials bo~d received on Jan~ 14, 2004, on file in the Co~uniW Development Depaament, and o~er pl~s, text, ~d diagrms relat~g to this Site Development Review, ~less modified by the Conditions of Approval contained herein. 2. Effective Date. This Site Development Review approval is contingent PL Approval of upon ~e approval of the related Stage 2 Pla~ed Development zoning. If related the Stage 2 Pla~ed Development zoning is not approved this Site entitlements Development Review approval shall become null ~d void. 3. Petit Expiration. Construction or use shall co~ence wi~n one (1) PL Prior to May year of Pe~it approval or ~e Pe~it shall lapse ~d become null ~d 4, 2005 void. Co~encement of cons~cfion or use me~s the actual cons~ction or use p~suant to the Pe~it approval or, demonstrating substantial progress towed co~encing such cons~ction or use. If there is a dispute as to whether ~e Pe~it has expired, the CiW may hold a noticed public hemng to dete~ine ~e matter. Such a detemfination may be processed concu~ently wi~ revocation proceedings in appropriate circumstances. If a Pemit expires, a new application must be made and processed according to the requirements of this Ordinance. 4. Time Extension. The original approving decision-maker may, upon the PL Prior to May Applicant's written request for an extension of approval prior to 4, 2005 expiration, and upon the determination that any Conditions of Approval remain adequate to assure that applicable findings of approval will continue to be met, grant a time extension of approval for a period not to exceed six (6) months. All time extension requests shall be noticed and a public hearing or public meeting shall be held as required by the particular Permit. 5. Permit Validity. This Site Development Review approval shall be valid PL On-going for the remaining life of the approved structure so long as the operators of the subject property comply with the project's conditions of approval. 6. Revocation of permit. The Site Development Review approval shall be PL On-going revocable for cause in accordance with Section 8.96.020.I of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. 7. Clean-up. The Applicant/Developer shall be responsible for clean-up PL On-going and disposal of project related trash to maintain a safe, clean, and litter- free site. 8. Modifications. Modifications or changes to this Site Development PL On-going Review approval may be considered by the Community Development Director if the modifications or changes proposed comply with Section 8.104.100 of the Zoning Ordinance. 9. Controlling Activities. The Applicant/Developer shall control all PL On-going activities on the project site so as not to create a nuisance to the existing or surrounding businesses and residences. 10. Accessory/Temporary Structures. The use of any accessory or PL On-going temporary structures, such as storage sheds or trailer/container units used for storage or for any other purposes, shall be subject to review and approval by the Community Development Director. 11. Fees. Applicant/Developer shall pay all applicable fees in effect at the Various Building time of building permit issuance, including, but not limited to, Planning Permit fees, Building fees, Traffic Impact Fees, TVTC fees, Dublin San Ramon Issuance Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees, Fire Facilities Impact fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; or any other fee that may be adopted and applicable. 12. Requirements and Standard Conditions. Various Building The Applicant/Developer shall comply with applicable Alameda County Permit Fire, Dublin Public Works Department, Dublin Building Department, Issuance Dublin Police Services, Alameda County Flood Control District Zone 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Department of Health Services requirements and standard conditions. Prior to issuance of building permits or the installation of any improvements related to this project, the Developer shall supply written statements from each such agency or department to the Planning Department, indicating that all applicable conditions required have been or will be met. 13. Required Permits. Applicant/Developer shall obtain all necessary PW Prior to permits required by other agencies (e.g., Alameda County Flood Control Issuance of District Zone 7, Alameda County Health Agency (if necessary), State Building Water Quality Control Board, etc.) and shall submit copies of the permits Permits to the Department of Public Works. 14. Mitigation Monitoring Program. The Applicant/Developer shall PL On-going comply with the Dublin Transit Center EIR Mitigation Monitoring Program including all mitigation measures, action programs, and implementation measures on file with the Community Development Department. 15. Sound Attenuation. The Applicant/Developer shall submit a site PL Prior to specific acoustic report to be prepared by qualified acoustical consultants. Issuance of The acoustic report shall include detailed identification of noise exposure Building levels on the individual project site and a listing of specific measures to Permits reduce both interior and exterior noise levels to normally acceptable levels including but not limited to glazing and ventilation systems, construction of noise barriers and use of buildings to shield noise. 16. Equipment Screening. All electrical and/or mechanical equipment shall PL Through be screened from public view. Any roof-mounted equipment shall be Completion/ completely screened from view by materials architecturally compatible On-going with the building and to the satisfaction of the Community Development Director. 17. Final Landscape and Irrigation Plan. A Final Landscape and PL Prior to Irrigation Plan prepared and stamped by a State-licensed landscape Issuance of architect or registered engineer, generally consistent with the preliminary Building landscape plan prepared by the Guzzardo Partnership, Inc dated received Permits February 23, 2004, along with a cost estimate of the work and materials proposed, shall be submitted for review and approval by the Community Development Director. Landscape and irrigation plans shall provide for a recycled water system. 18. Final Landscape Plan Review. The plant palette varieties shall be PL Prior to subject to review and approval of the Director of Community Issuance of Development and/or reviewed by the City's Landscape Architect to Building determine compatibility with reclaimed water use, where appropriate. An Permits irrigation plan shall be submitted with Final Landscape Plans indicating that the system is designed for reclaimed water, where required by DSRSD. 19. Conflicts with Proposed Landscape Features. The final landscape and PL Prior to irrigation plans shall show locations of all pedestrian lighting, utilities, Issuance of drainage ditches, and underdrains at bottom of slopes. Plans shall address Building tree planting within public service easements to avoid conflicts with Permits utilities and streetlights. 20. Standard Plant Material, Irrigation and Maintenance Agreement. PL Prior to The Applicant/Developer shall complete and submit to the Dublin Issuance of Planning Department the Standard Plant Material, Irrigation and Building Maintenance Agreement. Permits 21. Landscape Borders. All landscaped areas shall be bordered by a PL Prior to concrete curb that is at least 6 inches high and 6 inches wide. Curbs Issuance of adjacent to parking spaces must be 12 inches wide. All landscaped areas Building shall be a minimum of 6 feet in width (curb to curb). Concrete mow Permits strips at least 6 inches deep and 4 inches wide shall be required to separate turf areas from shrub areas. Landscape islands adjacent parking spaces shall have a 5-foot radius or be two feet shorter than the parking spaces. 22. Maintenance of Landscape. All landscape areas on the site shall be PL On-going enhanced and properly maintained at all times. Any proposed or modified landscaping to the site, including the removal or replacement of trees, shall require prior review and written approval from the Community Development Director. 23. Water Efficient Landscape Regulations. Applicant/ Developer shall PL Issuance of ensure that the Final Landscaping and Irrigation Plan conforms to the Building City's Water Efficient Landscape Regulations, including dual piping to Permits facilitate future recycled water. 24. Fire-Resistant and/or Drought Tolerant Plant Varieties. Final PL Issuance of landscaping and irrigation plans shall include fire-resistant and/or drought Building tolerant plant varieties in the plant palette. Permits 25. Inclusionary Zoning Regulations. The Applicant shall comply with all ADM, PL On going provisions of Chapter 8.68, Inclusionary Zoning Regulations of the Dublin Zoning Ordinance except as modified by these conditions of approval and/or an adopted Development Agreement. 26. Inclusionary Zoning Requirements. The Applicant/ Developer shall PL Through provide 67 very-low income units and 45 low-income units. Unit Completion affordability shall be as shown in the PD, Planned Development zoning and Development Plan labeled Exhibit A to City Council Ordinance__ -04, On going approved on May 4, 2004. Any changes to the unit affordability must first be reviewed and approved by the Director of Community Development. 27. Affordable Housing Agreement. The Applicant shall enter into an ADM, PL Issuance of affordable housing agreement (or a regulatory agreement or such other any Project legal mechanism including but not limited to CC&R's, satisfactory to the building City Attorney) with the City to ensure that the affordable units required permits by Condition 25 remain affordable for 55 years and that other provisions of Chapter 8.68 of the Dublin Municipal Code (the Inclusionary Zoning Regulations) are satisfied, including provisions relating to priorities in the rental or sale of affordable units as set forth in Section 8.68.050 of the Dublin Municipal Code. Such agreement (or other legal mechanism including but not limited to CC&R's) shall be recorded to ensure it has priority over and is not subordinate to any other recorded document affecting the property. 28. Master Sign Program. A Master Sign Program shall be applied for and PL Occupancy approved for Project related signage. 29. Colors. The exterior paint colors of the buildings are subject to City PL Occupancy review and approval. The Applicant shall paint a portion of the building the proposed color for review and approval by the Director of Community Development prior to painting the entire structure. 30. Geographic Information Systems. Once a development project has PL, PW, Occupancy been approved by the District Engineer and the Director of Public Works, DSRSD then three (3) full size bluelines, one (1) reduced 11-inch X 17-inch copy, and one (1) digital vectorized file on floppy or CD of Improvement Plans shall be submitted to the District and the City. 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 a precision of 0.00. Angles shall be in decimal degrees with a precision of 0.00. All objects and entities in layers shall be colored by layer. All layers shall be named in English. Abbreviations are acceptable. All submitted map drawings shall use the Global Coordinate System of USA, California, NAD 83 California State Planes, Zone III, and U.S. foot. These requirements may be modified to the satisfaction of the GIS coordinator. 31. Elevators. There shall be elevator access to all floors of the building. PL, B Prior to Occupancy, On-going 6 32. Building Codes and Ordinances. All project construction shall conform B Through to all building codes and ordinances in effect at the time of building Completion permit. 33. Retaining Walls. All retaining walls over 30 inches in height and in a B Through walkway shall be provided with guardrails. All retaining walls over 24 Completion inches with a surcharge or 36 inches without a surcharge shall obtain permits and inspection from the Building Division. 34. Phased Occupancy Plan. If occupancy is requested to occur in phases, B Prior to then all physical improvements within each phase shall be required to be Occupancy of completed prior to occupancy of any buildings within that phase except any affected for items specifically excluded in an approved Phased Occupancy Plan, building or minor handwork items, approved by the Department of Community Development. The Phased Occupancy Plan shall be submitted to the Director of Community Development and Public Works for review and approval a minimum of 45 days prior to the request for occupancy of any building covered by said Phased Occupancy Plan. Any phasing shall provide for adequate vehicular access to all parcels in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. No individual building shall be occupied until the adjoining area is finished, safe, accessible, and provided with all reasonable expected services and amenities, and separated from remaining additional construction activity. Subject to approval of the Director of Community Development, the completion of landscaping may be deferred due to inclement weather with the posting of a bond for the value of the deferred landscaping and associated improvement. 35. Building Permits. To apply for building permits, Applicant/Developer B Issuance of shall submit eight (8) sets of construction plans to the Building Division Building for plan check. Each set of plans shall have attached an annotated copy Permits of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participating non-City agencies prior to the issuance of building permits. 36. Construction Drawings. Construction plans shall be fully dimensioned B Prior to (including building elevations) accurately drawn (depicting all existing issuance of and proposed conditions on-site) and prepared and signed by a California building licensed Architect or Engineer. All structural calculations shall be permits prepared and signed by a California licensed Architect or Engineer. The site plan, landscape plan, and details shall be consistent with each other. 37. Air Conditioning Units. Air conditioning units and ventilation ducts B Occupancy of shall be screened from public view with materials compatible to the main unit building. Units shall be permanently installed on concrete pads or other non-moveable materials to be approved by the Building Official and Director of Community Development. Air conditioning units shall be located such that each dwelling unit has one side yard with an unobstructed width of not less than 36 inches. Air conditioning units shall be located in accordance with the Planned Development (PD) zoning text and associated plans. 38. Temporary Fencing. Temporary Construction fencing shall be installed B Through along the perimeter of all work under construction, completion 7 39. Addressing. B a) Provide a plan for display of addresses. The Building Official a) Prior to and Director of Community Development shall approve plan permitting prior to issuance of the first building permit. b) Town home/Condominium's are required to have address ranges posted on the street side of the buildings, b) Occupancy of any Unit c) Address signage shall be provided as per the Dublin Residential Security Code. c) Occupancy of any unit d) Exterior address numbers shall be backlit and posted in such a way that they may be seen from the street, d) Prior to permit issuance and e) An approved apartment unit numbering plan shall be through incorporated into the construction drawings, completion e) Prior to permit issuance 40. Engineer Observation. The Engineer of record shall be retained to B Through provide observation services for all components of the lateral and vertical Completion design of the building including nailing, hold-downs, straps, sheer, roof diaphragm and structural frame of the building. A written report shall be submitted to the City Inspector prior to scheduling the final from inspection. 41. Green Building Guidelines. To the extent practical the Applicant shall B Through incorporate Green Building Measures. Green Building plan shall be Completion submitted to the Building Official for review. 42. ACFD rules regulations and standards. Applicant/ Developer shall F On-going comply with all Alameda County Fire Department (ACFD) rules, regulations, City of Dublin standards, including minimum standards for emergency access roads and payment of applicable fees including City of Dublin Fire facility fees. 43. Emergency Vehicle Access. In accordance with the ACFD F Prior tothe requirements, the Applicant/Developer shall provide emergency vehicle start of access routes into the project in general conformance with the site plan. combustible Applicant/Developer shall demonstrate how emergency access construction or requirements shall be achieved on the improvement plans to the storage on site satisfaction of the City Engineer and the ACFD. All emergency vehicle access roads (first lift of asphalt) and the public water supply including all hydrants shall be in place prior to vertical construction or combustible storage on site. 44. Fire hydrants. The applicant/Developer shall construct all new fire F Prior to the hydrants in accordance with the ACFD and City of Dublin requirements, start of combustible construction or storage on site 45. Fire Conditions. Applicant/Developer shall comply with all conditions F Prior to the of the ACFD including: start of a) Final locations of fire hydrants shall be approved by the ACFD combustible in accordance with current standards. The minimum fire flow construction or design shall be 1500 gallon per minute at 20 psi residual storage on site (flowing from a single hydrant). Raised blue reflectorized traffic markers shall be epoxied to the center of the street opposite each hydrant. b) Sufficient fire flow is required based on building construction and size. Provide information on what the fire flow that is available at the site. This information is available from the Dublin San Ramon Services District c) Fire apparatus roadways shall have a minimum unobstructed width of 20 feet (14 feet for one way streets) and an unobstructed vertical clearance of not less than 13 feet 6 inches. Roadways under 36 feet wide shall be posted with signs or shall have red curbs painted with labels on one side; roadways under 28 feet wide shall be posted with signs or shall have red curbs painted with labels on both sides of the street as follows: "NO STOPPING FIRE LANE - CVC 22500.1". (CFC 1998, Section 1998). 46. The podium shall be accessible with a 20 ft long by 20 in wide ladder (for F On-going firefighting purposes). 4?. Provide area separation walls as required by the California Building Code F Prior to to meet the allowable area for the building issuance of building permits 48. Elevators shall be separated from the corridors by smoke rated F Prior to assemblies, issuance of building permits 49. Provide escape or rescue window for every sleeping room below the F Prior to fourth story in accordance with the UBC section 310.4. issuance of building permits 50. The building is a four-story building. Provide standpipes, and stairway F Permit and roof access as required for a four-story building, installation when construction reaches 35 fi in height 51. A manual and automatic fire alarm system is required in the building. F Prior to Occupancy of any affected building 52. Approved numbers or addresses shall be placed on all new and existing F Prior to buildings. The address shall be positioned as to be plainly visible and Occupancy of legible from the street or road fronting the property. Said numbers shall any affected contrast with their background (CFC, 1998, Section 901.4.4) building 53. Provide 2A10BC fire extinguishers within 75 ft travel distance of F During portions of the buildings. An approved sign in accordance with Uniform construction Fire Code shall be conspicuously posted above the extinguisher. (CFC and Prior to 1002) Occupancy of any affected building 54. Provide Knox key boxes at the main entrance to the buildings at the F Prior to exterior doors to stair that extend to the 4th floor and at any gates. The Occupancy of Knox box shall contain a key that provides access to the building or gate. any affected Gates or barriers shall meet the requirements of the ACFD. building 55. Automatic sprinklers shall be provided throughout the building as F Prior to required by the Dublin Fire Code. The system shall be monitored by UL Occupancy of listed central station, any affected building 56. The project shall comply with Uniform Building and Fire Codes as F On-going adopted by the City of Dublin 57. The Applicant shall comply with all applicable City of Dublin Residential PO Prior to Permit Security Ordinance requirements. Issuance 58. Unit addresses shall be lighted at night and clearly visible from the PO Prior to middle of the street. Occupancy, On-going 59. Address range markers shall be placed at exits from elevators. PO Prior to Occupancy, On-going 60. Access to the common areas and elevators on the podium level shall be PO Prior to restricted. Gates and signage may be used to accomplish this. Gates Occupancy, installed between the main entrance stairway and the Management Office On-going may be left open during the Management Office's regular business hours. These gates will be secured during non-business hours. 61. Laundry room areas shall meet City of Dublin Residential Security PO Prior to Permit Ordinance requirements. Issuance, On- going 62. The parking structure shall be secure and controlled by electronically PO Prior to controlled gates and security screens over ventilation spaces to prohibit Occupancy, access by unauthorized person. Emergency vehicle access shall be On-going provided to this area as specified in Dublin Municipal Code Section 7.32.220. · Grill work covering openings from the parking area will be designed to prohibit their use as ladders or access points to podium level windows and doors. 63. All entrances to the parking areas shall be posted with appropriate signs PO Prior to per Section 226589(a) of the California Vehicle Code, to assist in Occupancy, removing vehicles at the property owner's/manager's request. On-going 64. Doors opening out from the building to the street shall have non- PO Prior to removable hinges. Occupancy, On-going 65. Elevators shall be designed to meet City of Dublin Residential Security PO Prior to Permit Ordinance Requirements. Issuance, On- going 66. Non-private stairways shall be designed to meet City of Dublin PO Prior toPermit Residential Security Ordinance Requirements including mirrors at each Issuance, On- landing, going 67. Pedestrian paths will be shown with appropriate crosswalks areas PO Prior to Permit depicted. Issuance, On- going 68. Exterior lighting is required over all doors. The Applicant shall submit a PO Prior to Permit final lighting plan for approval by the Dublin Police. Issuance, On- going 69. Security lighting shall be provided in parking lot areas. PO Prior to Permit · 1.0 candle lights at ground level in parking lot areas. Issuance, On- · Lighting fixtures shall be of vandal resistant type. going 70. Landscaping features and outdoor amenities shall be designed to reduce PO Prior to Permit their attractiveness to skateboarders and vandals. Issuance, On- going 71. The Development and/or Property Owner shall keep the site clear of PO Prior to 10 graffiti vandalism on a regular and continuous basis at all times. Occupancy, On-going 72. The Applicant shall work with Dublin Police on an on-going basis to PO On-going establish an effective theft prevention and security program. 73. The perimeter of the site shall be fenced during construction and security PO Through lighting and patrols shall be employed as necessary, completion 74. Parking Structure Emergency Access. Parking areas or structures PO Prior to controlled by unmanned mechanical parking type gates shall provide for Occupancy, police emergency access as follows: On-going · An approved Knoxbox or Knox type key switch is to be mounted on a control pedestal consisting of a metal post/pipe shall be installed at a height of 42 inches and a minimum of 15 feet (4.6m) from the entry/exit gate. It shall be located on the driver's side of the road or driveway and accessible in such a manner as to not require a person to exit their vehicle to reach it, nor to require any back-up movements in order to enter/exit the gate. 75. Building Emergency Access. Multi-tenant buildings utilizing electronic PO Prior to access control systems on the main entry doors shall provide police Occupancy, emergency access utilizing an approved key switch device or approved On-going Knoxbox which shall be installed as follows: · All doors using an electromagnetic type of lock shall install a key switch device within the building's exterior telephone/intercom console or in a control housing consisting of a heavy gauge metal, vandal and weather resistant square or rectangular housing which shall be installed on the top of the control pedestal. An approved Knoxbox or Knox type key switch is to be mounted on the side facing the roadway located within close proximity and in a visible area near the door. 76. There shall be positioned at each street entrance an illuminated PO Prior to diagrammatic representation (map) of the complex that shows the Occupancy, location of the viewer and the unit designations within the complex. On-going 77. The developer is to insure radio frequency transmit and receive PO On-going capabilities for Police/Fire/Ambulance. 78. Public Facilities Fee. The developer shall pay a Public Facilities Fee in PCS the amounts and at the times set forth in City of Dublin Resolution No. 214-02, adopted by the City Council on November 19, 2002, or in the amounts and at the times set forth in any resolution revising the amount of the Public Facilities Fee, as implemented by the Administrative Guidelines adopted by Resolution 195-99. 79. Standard Public Works Conditions of Approval. Developer shall PW On-going comply with all applicable City of Dublin Standard Public Works Conditions of Approval dated March 8, 2004 unless specifically modified by these Conditions of Approval. 80. Clarifications and Changes to the Conditions. In the event that there PW On-going needs to be clarification to these Conditions of Approval, the City Engineer has the authority to clarify the intent of these Conditions of Approval to the Developer without going to a public hearing. The City Engineer also has the authority to make minor modifications to these conditions without going to a public hearing in order for the Developer to fulfill needed improvements or mitigations resulting from impacts of this project. 11 81. Parcel Map. A Parcel Map shall be recorded that creates a parcel for the PW Improvement project, creates easements and dedicates Street A right of way to the City. Plans 82. Phase I Improvements. The Phase 1 improvements shall include all PW Sitework/ street and utility improvements within the full width of Street A (between Grading Dublin Boulevard and the Private Drive) and the Private Drive. The Permit Phase 1 improvements shall be included in the Improvement Agreement required by Public Works Standard Condition of Approval No.4. 83. Temporary Driveway Access through BART Parking Lot. The Phase PW Improvement 1 improvements shall include modifications to the existing BART surface Plans and to be parking lot as needed to provide a 20-foot wide access drive between completed by Street A and DeMarcus Boulevard. A temporary access easement shall occupancy be dedicated for this drive connection. The temporary access easement shall be dedicated under a separate document and not on the Final Map. 84. Phase 2 Improvements. Street A improvements consisting of a minimum PW Sitework/ two lane (20-feet wide) road connection to DeMarcus Boulevard at the Grading Village Green shall be included in the Improvement Agreement. The Permit Phase 2 improvements may be deferred for completion until one year after the completion of the BART garage. The Developer shall provide guarantees for the Phase 2 improvements with the Improvement Agreement as required by Public Works Standard Condition of Approval No.5. 85. Dublin Boulevard Median. The Developer shall complete the missing PW Phase 2 median improvements, including landscaping, in Dublin Boulevard west Improvements to Scarlett Drive with the Phase 2 improvements. 86. Dublin Boulevard Walkway. With the Phase 1 improvements the PW Phase 1 Developer shall construct a walkway along the south side of Dublin Improvements Boulevard between Street A and the existing sidewalk at the Iron Horse Trail crossing. The walkway may be a temporary six-foot wide a.c. path. The permanent walkway between Street A and DeMarcus Boulevard shall be constructed with the Phase 1 improvements. 87. Traffic Signs. The traffic signs and pavement markings required by PW Phase 1 Public Works Standard Conditions of Approval No. 24 will include four- Improvements way stop signs at the intersection of Street A and DeMarcus Boulevard. 88. On Street Parking Restrictions. Developer shall designate no parking PW Improvement areas along Dublin Boulevard and designate all other streets for short- Plans term parking (2 and 4 hour) as directed by the City Engineer. 89. Traffic Mitigation. The City is presently working on an update to the PW Prior to Eastern Dublin Traffic Impact Fee ("the TIF") that would include the issuance of Transit Center Property within the TIF area ("the TIF Update"). If the building Transit Center area is included in the TIF area prior to issuance of permits or building permits, the Developer shall pay the adopted TIF. If the TIF within 2 years Update is not effective at the time of building permit issuance, the of building Developer shall pay a cash deposit equal to the City Engineer's estimate permit of amount of the project's TIF were the TIF Update in effect ("the issuance Deposit"). If the developer makes the Deposit, when the TIF Update becomes effective, Developer shall pay the actual TIF, either from the deposit or with TIF credits, and, upon such payment, City shall return the funds remaining from the Deposit. If, within 2 years of building permit issuance, the TIF Update has not become effective, Developer shall instead pay to City an amount equal to Developer's fair share, based on average daily trips, and as determined by the City Engineer, of the costs for the following improvements; 1) Dougherty Road improvements at the Dublin Boulevard and 1-580 intersections 2) Scarlett Drive extension and 3) Hacienda Drive / 1-580 improvements, which improvements are more 12 fully described in Conditions 26, 27 & 29 of Approval for Parcel Map 7892 (Planning Commission Resolution No. 02-40). Upon applying the Deposit towards this obligation, the City shall immediately refund any surplus funds to the Developer. 90. Streetscape Design Standards. The streetscape design for DeMarcus PW Improvement Boulevard shall be in accordance with the Streetscape Master Plan Plans adopted as Ordinance No. 21-02 for the Dublin Transit Center Project, PA 00-103. 91. Street Lighting Maintenance Assessment District. All publicly PW Acceptance of maintained streetlights shall be annexed into a Street Light Maintenance Public Assessment District as required by the Master Development Agreement Improvements with the Surplus Property Authority of Alameda County for the Dublin Transit Center (Ordinance No. 5-03). The property owners shall maintain all decorative streetlights. The Developer shall provide all necessary documentation required by the City to complete the annexation process. The Developer shall comply with any City requirements necessary to conform to Proposition 218 regulations. The Developer waives any right to protest the inclusion of the properties or any portion of the properties in a Landscape and Lighting Assessment District, and further waives any fight to protest the annual assessment for that District. 92. Development Agreement. The Developer shall meet all applicable PW Final Parcel sections of the Master Development Agreement for the Dublin Transit Map Center adopted as Ordinance No. 5-03. Section 6 of the Master Development Agreement requires the Developer to enter into a new Development Agreement specific to the current project prior to the approval of the Parcel Map. 93. Guest Parking. The Developer shall operate the garage in a manner that PW Building allows guests to obtain access to a minimum 14 unassigned parking Permit spaces in the garage. The eight parking spaces on the private drive shall be designated for short-term parking (2 and 4 hours) as directed by the City Engineer. 94. Driveways. Sidewalks shall be designed to maintain a 2% cross slope PW Improvement across all driveways including the private drive. Plans 95. Loading Areas. The Developer shall make provisions for providing PW Improvement loading areas for large trucks on the DeMarcus Boulevard or Street A Plans frontage. These provisions may be the use of the street parking spaces limited to specific hours or based on scheduled requests. Loading area for single unit trucks shall be designated on the private drive near the roll-up service entrance. 96. The Applicant shall comply with all Dublin San Ramon Services District DSR (DSRSD) Standard Conditions. 97. The project is located within the District Recycled Water Use Zone (Ord. DSR 280) which calls for installation of recycled water irrigation systems to allow for the future use of recycled water for approved landscape irrigation demands. Recycled water will be available as described in the DSRSD Water Master Plan Update, September 2000. Unless specifically exempted by the District Engineer, compliance with Ordinance 280, as may be amended or superseded, is required. Applicant must submit landscape irrigation plans to DSRSD. All irrigation facilities shall be in compliance with the District's "Recycled Water Use Guidelines" and the Department of Health Services requirements for recycled water irrigation design. 98. The easement configuration as dedicated to DSRSD on the recorded final DSR map will not accommodate the utility design that can be approved to 13 serve the parcels or development created. Redesign of water and sanitary sewer easement configuration in accordance with DSRSD Standard Condition No. 7 is required. 99. Off-site easements for connection to District water and sewer facilities DSR may be required. The Applicant shall be responsible for acquiring all necessary off-site easements and constructing necessary off-site water and sewer mains in conformance with all District requirements. 10C If any trash enclosures or car wash areas are to be connected to the DSR sanitary sewer, they must have a grease and sand trap and the areas must be covered to prevent the en~ of rainwater. ~ 101 The Applicant shall comply with ANSI/TIA.EIA-570-A Standard B, PL Prior to relating to telecommunications and the installation of data outlets for Issuance of high-speed internet access within individual residential units. Building Permit PASSED, APPROVED AND ADOPTED this 23rd day of March 2004. AYES: Cm. Fasulkey, Nassar, Jennings, and Machtmes NOES: ABSENT: ABSTAIN: ATTEST: Planning 1V~aa~a~r ~Jl annin~_C/mt~ s~'i'o~ 14