HomeMy WebLinkAboutPC Reso04-52 PA 02-062 Rec CC Tralee TMap&SDR
RESOLUTION NO. 04 - 52
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING APPROVAL BY CITY COUNCIL OF THE VESTING TENTATIVE MAP
AND SITE DEVELOPMENT REVIEW
FOR TRALEE DEVELOPMENT PROJECT
PA 02-062 (Tract No. 7457)
WHEREAS, Mike Banducci of Bancor Properties, Applicant/property owner, has requested
approval of a General Plan Amendment, Planned Development Rezoning Stage 1 Development Plan
and Stage 2 Development Plan for the Tralee mixed-use project, a Vesting Tentative Map for
subdivision of a 10.61 acre site located on the north side of Dublin Boulevard into 5 lots and Site
Development Review to allow the demolition of an existing shopping center and to provide for the
construction of 233 high- density units and up to 34,950 square feet of commercial retail office
building, with common open space in two phases, within the Dublin General Plan Primary Planning
Area (APN#941-0205-009-08); and,
WHEREAS, a complete application for the above noted entitlement request is available and
on file in the Department of Community Development; and,
WHEREAS, the Applicant/Owner has submitted Vesting Tentative Map and Site Development
Review project plans for the entire site (Exhibit A to Attachment 2), PUD Sheets 4 through 6 by
Carlson, Barbee & Gibson, Sheets L-1 through L-16 by The Guzzardo Partnership, Architectural
Sheets by MVE Partners A-I01 through A-503 and Vesting Tentative Map sheets C-l through C-3 by
Carlson, Barbee & Gibson dated received June 4, 2004, except as modified by any condition of
approval; and
WHEREAS, an Initial Study has been prepared for the potential impacts ofthe project pursuant to
CEQA Guidelines Section 15063. Based on the Initial Study, a Mitigated Negative Declaration and
Mitigated Monitoring Program has been prepared for the project with the finding that with the
implementation of Mitigation Measures contained in the Initial Study, the potential impacts of the project
would be reduced to a level of insignificance. The Planning Commission recommended approval of the
Mitigated Negative Declaration and Mitigation Monitoring Program by Resolution _ on June 22,
2004; and
WHEREAS, the Planning Commission did hold a public hearing on said application June 22~
2004; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law;
and
WHEREAS, a Staff Report was submitted recommending that the Planning Commission
recommend approval of the Vesting Tentative Map and Site Development Review for the Tralee
project to City Council, subject to conditions; and
WHEREAS, the Planning Commission did hear and use their independent judgment and
considered all said reports, recommendations, and testimony hereinabove set forth.
WHEREAS, the Planning Commission hereby determines that because the project was
considered by the City Council as "high priority" in its 2003-2004 Goals and Objectives and as
provided for in Chapter 8.96, Section 8.96.20.A.3 of the Dublin Zoning Ordinance does hereby transfer
original hearing jurisdiction to the City Council.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does
hereby recommend that the City Council make the following findings and determinations regarding
General Plan consistency:
1. A General Plan Amendment from Retail Commercial to Mixed Use and a PD Rezoning
with related Stage 1 and a Stage 2 Development Plan have been proposed along with the
Tentative Map and Site Development Review applications, and are recommended for
approval based for reasons stated in the Staff Report and Planning Commission Resolution
(Attachment 1). Upon City Council approval of the General Plan Amendment, the land use
diagram would be changed to Mixed-Use for approximately 10.61 acres to reflect the mixed
use consisting of retail, office, restaurant and high-density residential for 233 residential
units.
2. With the change to the land use diagram, the proposed project is consistent with the adopted
Dublin General Plan. The proposed project is also consistent with the goals, policies, and
implementation measures of the Dublin General Plan, and with the Dublin Zoning
Ordinance.
NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE Dublin Planning
Commission does recommend that the City Council make the following findings and determinations
regarding said proposed Vesting Tentative Map:
1. The Vesting Tentative Map is consistent with the intent of applicable subdivision regulations
and related ordinances.
2. The design and improvements of the Vesting Tentative Map are consistent with and conform
to the City's General Plan policies as they apply to the subject property in that it is a
subdivision for implementation of a mixed-use retail office/residential project in an area
designated for Mixed Use
3. The Vesting Tentative Map is consistent with the Planned Development Rezone proposed for
this project and is, therefore, consistent with the City of Dublin Zoning Ordinance.
4. The project site is located adjacent to major roads on relatively flat topography and is,
therefore, physically suitable for the type and density of development.
5. With the incorporation of mitigation measures contained in the Initial Study, Mitigated
Negative Declaration and Conditions of Approval, the design ofthe subdivision will not cause
environmental damage or substantially injure fish or wildlife or their habitat or cause public
health concerns.
6. The design of the subdivision will not conflict with easements acquired by the public at large
or access through or use of property within the proposed subdivision. The City Engineer has
reviewed the map and title report and has not found any conflicting easements of this nature.
2
7. Required fire protection and water service will be provided to the subdivision pursuant to the
requirements of water and fire protection providers, if standards and conditions are met and
fees paid. Sewer service for this subdivision shall be provided pursuant to an agreement
between the Applicant/developer and DSRSD. School capacity for the residents of this project
will be provided pursuant to a school facilities mitigation agreement between the developer
and the Dublin Unified School District prior to issuance of building permit, as required by city
code.
8. The City of Dublin has considered the effect of this project on the housing needs of the region
in which it is situated and finds that the public services are available for the project and that
impacts to environmental resources will be mitigated to a level ofless than significant
pursuant to the Mitigated Negative Declaration for the project (P A02-062).
9. The City of Dublin finds that this project does not discharge waste into an existing community
sewer system in violation of existing requirements prescribed by a California regional water
quality control board pursuant to Division 7 of the Water Code because the Dublin San Ramon
Services District has provided conditions of approval, which assure that its standards will be
met.
NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE Dublin Planning
Commission does hereby recommend that the City Council make the following findings and
determinations regarding said proposed Site Development Review:
1. The approval of this application (P A 02-062), as conditioned, is consistent with the
intent/purpose of Chapter 8.104 (Site Development Review) of the Zoning Ordinance in that it
will promote orderly, attractive and harmonious site and structural development, resolves
major project-related issues, and ensures compliance with development regulations and the PD
Zoning District.
2. The approval of this application, as conditioned, complies with the policies of the General
Plan, and the Planned Development Rezone and related Development Plan for the project that
allows for mixed use consisting of retail, office, restaurant and residential development at this
location.
3. The approval of this application, as conditioned, is in conformance with regional
transportation and growth management plans because road improvements and inrrastructure
improvements will be made pursuant to a Stage 2 Development Plan and Tentative Map
conditions.
4. The approval ofthis application, as conditioned, is in the best interests of the public health,
safety, and general welfare as the development is consistent with all laws and ordinances and
implements the Dublin General Plan.
5. The proposed site development, including site layout, vehicular access, circulation and
parking, setbacks, height, walls, public safety, and similar elements, as conditioned, has been
designed to provide a harmonious environment for the development.
6. The subject site is physically suitable to the type and intensity ofthe approved development
because it is relatively flat and has suitable soils.
3
7. The project has been designed with architectural considerations (including the character, scale,
design quality, and the relationship among buildings), along with Conditions of Approval, in
order to ensure compatibility among the design of this project, the character of adjacent uses,
and the requirements of public service agencies.
8. Landscape elements (including the location, type, size, color, texture, and coverage of plant
materials, provisions, and similar elements) combined with Conditions of Approval have been
established to ensure visual relief and an attractive public environment.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby
recommend that the City Council approve the Vesting Tentative Map and Site Development Review for
P A 02-062 subject to the following Conditions of Approval and subject to the adopted Mitigated Negative
Declaration and Mitigation Monitoring Program for PA 02-062 and the City Council approval of the
proposed General Plan Amendment to Mixed Use and PD Rezoning with related Stage I and Stage 2
Development Plan:
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 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/City Attorney, [B] Building division of the Community Development
Department, [DSR] Dublin San Ramon Services District, [F] Alameda County Fire
Department/City of Dublin Fire Prevention, [FIN} Finance Department, [PL] Planning division
of the Community Development Department, [PO] Police, [PW] Public Works Department.
VESTING TENTATIVE MAP 7457
1.
Approval. PA 02-062, Bancor Properties. - Tralee, Vesting Tentative Map 7457 PL, PW
is recommended for approval to subdivide an existing 10.61 acre parcel into five
ndividuallots for a mixed use development consisting of approximately 35,000 sq.
ft of commercial, office and restaurant use, 233 flat and townhome-style
condominiums, and common open space. The approval shall confonn generally to
the plans, text, and illustrations contained in the Planned Unit Development Plans
dated received June 4,2004, including Sheets I through 7, prepared by Carlson,
Barbee & Gibson, Inc. (June3, 2004) the Landscape Plans Sheets L-l through L-16
prepared by The Guzzardo Partnership, Inc. (June 3 2004), the Architectural Plans
Sheets A-I01 through A-503 prepared by the MVE (June 3, 2004), and the Vesting
Tentative Map prepared by Carlson, Barbee & Gibson, Inc., Sheets C-l through C-
3 (June 3, 2004), and other plans, programs, texts and diagrams submitted as part
ofthe subdivision proposal on file in the Community Development Department
unless modified by the Conditions of Approval contained herein.
Approval of
any plan or
filing of final
map
4
2.
Fees. Applicant/Developer shall pay all applicable fees in effect at the time of PW, PL
building pennit issuance, including, but not limited to, Planning fees, Building
fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin
Unified School District School Impact fees, , Alameda County Fire Services fees;
Noise Mitigation fees, Inclusionary Housing In-Lieu fees; Alameda County Flood
and Water Conservation District (Zone 7) Drainage and Water Connection fees.
Any fee credits associated with the existing use shall be calculated and credited at
the time fees are assessed.
Various times,
but no later
than Issuance
of Building
Permits
Approval of
Final Map and
Prior to
Issuance of
Bui]ding
Permits
Approval of
Final Map and
Improvement
Plans
3.
Ordinances/General PlanIPoIicies. The Developer shall comply with, meet, pw, PL
and/or perfonn all requirements of the Subdivision Map Act, City of Dublin
Subdivision Ordinance, City of Dublin Zoning Ordinance, the City of Dublin
General Plan, City of Dublin Standard Conditions of Approval, Public Works
Policies and City grading ordinance unless certain Public Works requirements are
modified by the City Engineer and Planned Development Standards for Tract
7457.
4.
Clarification and Changes to Conditions. In the event that there needs to be PW
clarifications to these conditions of approval, the City Engineer has the authority to
clarify the intent of these conditions of approval to the Applicant/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 Applicant/Developer to fulfill needed improvements or mitigations
resulting from impacts of this project.
6.
Vesting Tentative Subdivision Map 7457. The Applicant/Developer shall PW
prepare Final Map(s) subdividing the property into the configuration, size and
number of lots shown on the Vesting Tentative Subdivision Map 7457 in
accordance with the requirements 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.
Improvement Agreement and Security. Pursuant to §7.16.620 of the Municipal PW
Code and Subdivision Map Act §66499, the ApplicantlDeveloper shall enter into
an Improvement Agreement with the City for each phase of the development
concurrent with Final Map approval to guarantee required public and site
improvements. Improvement Security must be posted to guarantee the faithful
perfonnance of the required improvements and the payment for labor and
materials. Such Security shall be in the fonn 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 perfonnance 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 ofthe final map and
improvement plans for checking.
7.
5
Approval of
Final Map
ApprovaJ of
final Map
8.
Phasing. The construction of the project may occur in multiple phases. The PL, PW
Applicant/Developer shall provide improvement security and construct all physical
improvements within each phase for adequate utility services, parking, vehicle
circulation, and pedestrian access.
9.
Vesting Tentative Map Expiration. The Vesting Tentative Map shall be PW
effective for two and one-half years, as set forth in the Dublin Municipal Code and
in the regulations of Section 66452.6 of the Subdivision Map Act, unless extended
pursuant to the Subdivision Map Act and local Ordinance.
Title Report. A current preliminary title report together with copies of all recorded PW
easements and other encumbrances and copies of Final Maps for adjoining
properties and off-site easements shall be submitted for reference as reasonably
deemed necessary by the City Engineer/Public Works Director during review of
the final map/parcel map.
Conditions to be Satisfied Prior to Final Map Approval. In recognition of the PW
Subdivider's right to file multiple final maps within the boundary of the Vesting
Tentative Map, the City Engineer/Public Works Director shall have the authority to
detennine which conditions must be satisfied prior to any individual Final Map
approval
Obsolete Private and/or Utility Easements. Pennanent structures shall not be PW
constructed within existing private and/or utility easements unless authorization is
granted by the easement beneficiary. Private easements that are no longer
necessary based on the new site configuration shall be extinguished or modified as
necessary by the ApplicantlDeveloper to eliminate the conflict. Easements that
may need to be extinguished/modified include, but may not be limited to:
a. Anchor Easement on Lot 4 (recorded as Series No. 98-184788); If the
Subdivider is unable to get PG&E approval to extinguish the easement prior to
approval of the Grading Pennit for the project, the Subdivider shall design and
construct improvements in compliance with the easement requirement.
Easement Dedications. ApplicantlDeveloper shall dedicate easements on the PW
final map, by separate instrument, or with a CC&R document as follows:
a. Reciprocal sanitary sewer, water, and/or utility easements across the five
new parcels, unless otherwise encumbered by easements granted to specific
utility providers pursuant to their requirements.
b. Reciprocal private access easements across the five new parcels, unless
otherwise provided in the Covenants, Conditions, and Restrictions.
c. Public sidewalk easements granted to the City of Dublin for all sidewalks
and 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. Ten feet wide Public Service Easement along project frontage on Dougherty
Road and Dublin Boulevard or as necessary to accommodate existing or
reasonably anticipated future utility infrastructure.
f. Five feet wide Public Service Easement (except where buildings interfere)
along project frontage on Sierra Lane or as necessary to accommodate
10.
11.
12.
13.
6
Approval of
improvement
plans and prior
to occupancy
of affected
building
N/A
Approval of
Final Map
Approval of
Final Map
Approval of
Final Map
Dedicate on
Final Map
existing or reasonably anticipated future utility infrastructure.
g. Public Traffic Signal Easement across the traffic signal detector loops and
appurtenant equipment at the southbound exit lane for the Dublin
Boulevard/Dublin Court intersection.
h. Additional areas may be needed to be dedicated to any other easements
deemed reasonably necessary by the City Engineer/Public Works Director
during final design and/or construction.
1. Reciprocal stonn drain easement or drainage release across the five new
parcels.
14. Parkland Dedication. The developer shall pay Public Facilities Fees in the PW
amounts and at the times set forth in City of 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 resolution revising the amount of the Public Facilities Fee, as implemented by
the Administrative Guidelines adopted by Resolution 195-99.
15, Establishment of Right-of-Way Lines for Dublin Boulevard and Dougherty PW
Road. The City is currently developing a Right-of-Way Alignment along Dublin
Boulevard and Dougherty Road to reserve sufficient right-of-way to accommodate
the Dublin Boulevard and Dougherty Road intersection improvements according to
the City's Capital Improvement Project (CIP) 96852. To accomplish this, the City
will establish a right-of-way alignment pursuant to Municipal Code Chapter 7.68
and prepare an Initial Study for the intersection improvement project. Because the
right-of-way alignment has not yet been established, the Applicant/Developer shall
make minor adjustments to the subdivision configuration and any proposed
improvements to accommodate the adopted right-of-way lines if the lines differ
from the right-of-way alignment shown on the Vesting Tentative Map or Site
Development Review exhibits.
16. Right-of-Way Acquisition and Dedication. The right-of-way required to widen PW
Dublin Boulevard and Dougherty Road along the property frontages pursuant to
the City's Capital Improvement Project (CIP) 96852 must be irrevocably dedicated
to the public by the ApplicantlDeveloper, without reimbursement from the City.
Approval of
final Map
Approval of
final Map
Approval of
final Map
17. Oversized Building Area: The owner ofthe required side yard used to allow for B
an oversized building shall file an agreement binding such owner, his heirs, and
assignees, to set aside the required yard as unobstructed space having no
improvements. Such agreement shall be recorded in the Alameda County
Recorder's Office.
7
Approval of
Final Map
SITE DEVELOPMENT REVIEW (P A#02-062)
1. Approval. P A 02-062, Bancor Properties - Tralee Site Development Review is PL Prior to
recommended for approval to allow demolition of an existing commercial Issuance of
shopping center and construction of approximately 35,000 sq. ft. of commercial Building
Permits
office, retail and restaurant building space and 233 flats and townhouse style
condominium residences, and a common open space and recreation area. This Site
Development Review includes a recommendation of approval for the location of a
restaurant building on Lot 5, but does not include approval of the architecture. The
approval shall confonn generally to the plans, text, and illustrations contained in
the Planned Unit Development Plans dated received June 4,2004, including Sheets
I through 7, prepared by Carlson, Barbee & Gibson, Inc. (June 3,2004), Sheets L-
1 through L-16 prepared by The Guzzardo Partnership, Inc. (June 3,2004), the
Architectural Plans Sheets A-lOO through A-503 prepared by the MVE Partners
(June 3,2004), and the Vesting Tentative Map prepared by Carlson, Barbee &
Gibson, Inc., Sheets C-l through C-3 (June 3, 2004), and all plans, programs, texts
and diagrams submitted as part of the Stage 1, Stage 2 Development Plan,
Tentative Map and Site Development Review proposal on file in the Community
Development Department unless modified by the Conditions of Approval
contained herein.
2. Fees. Applicant/Developer shall pay all applicable fees in effect at the time of PW,PL Various times,
building pennit issuance, including, but not limited to, Planning fees, Building but no later
than Issuance
fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin of Building
Unified School District School Impact fees, Alameda County Fire Services fees; Permits
Noise Mitigation fees, Inclusionary Housing In-Lieu fees, Alameda County Flood
and Water Conservation District (Zone 7) Drainage and Water Connection fees.
Any fee credits associated with the existing use shall be calculated and credited at
the time fees are assessed.
3. Standard Conditions The project shall comply with the City of Dublin Site PL,B On-going
Development Review Standard Conditions.
4. Site Development Review for Commercial Pad (Lot 5): A separate Site PL Prior to
Development Review - shall be required for the free-standing commercial pad Issuance of
labeled as "Lot 5 - Commercial Building". To assure continuity with the mixed Building
Permit for
use nature of the property, the SDR for the free standing restaurant shall restaurant on
incorporate the same materials and massing as the existing center. Slight variations Lot 5
shall be allowed but the Applicant/developer shall create a consistent architectural
theme for all buildings on the site.
5. Term. Approval of the Site Development Review shall be valid for one year from PL On-going
effective date of pennit approval. If 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 above stated findings of approval will continue to be met.
(Applicant/Developer must submit a written request for the extension prior to the
expiration date of the Site Development Review.)
8
7. Vesting Tentative Map Conditions: In the event the Developer/Applicant PW
decides not to file final maps pursuant to Vesting Tentative Subdivision Map 7457,
the following Conditions of Approval will become obligations of the Site
Development Review approval:
Improvement Agreement and Security. Pursuant to §7.l6.620 of the Municipal PW
Code and Subdivision Map Act §66499, the Applicant/Developer shall enter into
an Improvement Agreement with the City for each phase of the development to
guarantee required public and site improvements. Improvement Security must be
posted to guarantee the faithful perfonnance of the required improvements and the
payment for labor and materials. Such Security shall be in the fonn 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 perfonnance 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 improvement plans for checking.
Prior to
Approval of
Improvement
Plans by City
Engineer!
Public Works
Director
9
Easement Dedications. Applicant/Developer shall dedicate easements by
separate instrument or with a CC&R document as follows:
a. Reciprocal sanitary sewer, water, and/or utility easements across the five new
parcels, unless otherwise encumbered by easements granted to specific utility
providers pursuant to their requirements.
b. Reciprocal private access easements across the five new parcels, unless
otherwise provided in the Covenants, Conditions, and Restrictions.
c. Public sidewalk easements granted to the City of Dublin for all sidewalks and
access ramps serving the public sidewalk that extend outside ofthe 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. Ten feet wide Public Service Easement along project frontage on Dougherty
Road and Dublin Boulevard or as necessary to accommodate existing or
reasonably anticipated future utility infrastructure.
f. Five feet wide Public Service Easement (except where buildings interfere)
along project frontage on Sierra Lane or as necessary to accommodate existing
or reasonably anticipated future utility infrastructure.
g. Public Traffic Signal Easement across the traffic signal detector loops and
appurtenant equipment at the southbound exit lane for the Dublin
Boulevard/Dublin Court intersection.
h. Additional areas may be needed to be dedicated to any other easements
deemed reasonably necessary by the City Engineer/Public Works Director
during final design and/or construction.
1. Reciprocal stonn drain easement or drainage release across the five new
parcels.
Obsolete Private and/or Utility Easements. Pennanent structures shall not be
constructed within existing private and/or utility easements unless
authorization is granted by the easement beneficiary. Private easements
that are no longer necessary based on the new site configuration shall be
extinguished or modified as necessary by the Applicant/Developer to
eliminate the conflict. Easements that may need to be extinguished/modified
include, but may not be limited to:
a. Anchor Easement on Lot 4 (recorded as Series No. 98-184788); If the
Subdivider is unable to get PG&E approval to extinguish the easement prior
to approval of the Grading Pennit for the project, the Subdivider shall
design and construct improvements in compliance with the easement
requirement.
Prior to
Approval of
Improvement
Plans by City
Engineer/
Public Works
Director
Prior to
Approval of
Improvement
Plans by City
Engineer/
Public Works
Director
10
Establishment of Right-of-Way Lines for Dublin Boulevard and Dougherty
Road. The City is currently developing a Right-of-Way Alignment along Dublin
Boulevard and Dougherty Road to reserve sufficient right-of-way to accommodate
the Dublin Boulevard and Dougherty Road intersection improvements according to
the City's Capital Improvement Project (CIP) 96852. To accomplish this, the City
will establish a right-of-way alignment pursuant to Municipal Code Chapter 7.68
and prepare an Initial Study for the intersection improvement project. Because the
right-of-way alignment has not yet been established, the Applicant/Developer shall
make minor adjustments to the subdivision configuration and any proposed
improvements to accommodate the adopted right-of-way lines ifthe lines differ
from the right-of-way alignment shown on the Vesting Tentative Map or Site
Development Review exhibits.
Right-of-Way Acquisition and Dedication. The right-of-way required to widen
Dublin Boulevard and Dougherty Road along the property frontages pursuant to
the City's Capital Improvement Project (CIP) 96852 must be irrevocably dedicated
to the public by the Applicant/Developer, without reimbursement from the City.
Oversized Building Area: The owner of the required side yard used to allow PL, PW
for an oversized building shall file an agreement binding such owner, his heirs, and
assignees, to set aside the required yard as unobstructed space having no
improvements. Such agreement shall be recorded in the Alameda County
Recorder's Office.
Prior to
Approval of
Improvement
Plans by City
Engineer/
Public Works
Director
Prior to
Approval of
Improvement
Plans by City
Engineer/
Public Works
Director
Prior to
Approval of
Improvement
P1ans by City
Engineer/
Public Works
Director
8.
Parking. Applicant/Developer shall provide parking in compliance with the PD PL, PW
Stage 2 Development Plan (PUD Sheet 5).
Recreational Vehicle Parking. Recreation vehicle (as defined in the Dublin PL, PW
Zoning Ordinance) parking shall be prohibited on public streets and along the main
private street of the project. Signs shall be posted to that effect.
9.
Completion of
Improvements
Acceptance of
Improvements
by City
Council
10.
Architectural drawings: Residential and commercial buildings shall comply with PL
the architectural drawings submitted by MVE Partners (June 3,2004). Pinal colors
shall be reviewed by the City's Architect and approved by the Community
Development Director, and shall generally confonn to the colors and materials
approved for the Tralee project P A 02-062, on file in the City of Dublin
Department of Community Development.
Porches/decks: Porches/decks: Porches or decks exposed to a CNEL of 65 or PL
greater dBA as identified in the Noise Study by Rosen, Goldberg and Der dated
March 16, 2004 shall be designed to be partially or fully enclosed (as
recommended in the submitted Noise Study) to help mitigate this potential impact.
Final designs of the residential units and the acoustical noise attenuation are
subject to review and approval by the Community Development Director. Pinal
approval shall require a written statement by a licensed acoustical consultant
confirming that the units as designed and any acoustical screening have achieved
the City's interior living and exterior recreation noise goals.
11.
II
Prior to
Issuance of
Building
Permits
Prior to
Issuance of
Building
Permits
13. Disabled parking: Proposed parking plan for disabled access will have its final B Prior to
review for confonnance to the CA Building Code. Issuance of
Building
Permits
14. Height of buildings: Applicant has agreed to supply infonnation to the building PL, B, PW Prior to
department on the height of the building as proposed. Issuance of
Building
Permits
15. Street names: Street names shall be submitted for review prior to approval of the B Prior to
final map. The current proposed names are not approved at this time. Please see Issuance of
Building
Section 7.08.030 of the Dublin Municipal Code (DMC) for requirements of Permits
suffixes to street names.
16. Townhouse plans B, The dining room is proposed to share light and ventilation B Prior to
from the living room. The adjoining wall shall be a minimum of 50% open and Issuance of
Building
unobstructed. Currently a fireplace is shown at what appears to be an option, this Permits
may not be pennitted by code. This item will be reviewed during the building
permit application stage.
17. Building Codes and Ordinances All project construction shall confonn to all B,PL Through
building codes and ordinances in effect at the time of building permit. Completion
18. Retaining Walls: All retaining walls over 30 inches in height and in a walkway B,PL Through
shall be provided with guardrails. All retaining walls over 24 inches with a Completion).
surcharge or 36 inches without a surcharge shall obtain permits and inspections
from the Building Division
19. Phased Occupancy Plan: If occupancy is requested to occur in phases, then all B,PL Prior to
physical improvements within each phase shall be required to be completed prior Occupancy of
to occupancy of any buildings within that phase except for items specifically any affected
excluded in an approved Phased Occupancy Plan, or minor handwork items, building)
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 confonn 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. Subject to approval of the Director of
Community Development, the completion of landscaping may be deferred due to
inclement weather with the posting of a bond for the value of the deferred
landscaping and associated improvements.
20. Building Permits: To apply for building permits, Applicant/Developer shall B,P,PW Pri or to
submit eight (8) sets of construction plans to the Building Division for plan check. Issuance of
Each set of plans shall have attached an annotated copy of these Conditions of Building
Permits
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
12
annotated resolutions attached to each set of plans. Applicant/Developer will be
responsible for obtaining the approvals of all participation non-City agencies prior
to the issuance of building permits.
21. Construction Drawings: Construction plans shall be fully dimensioned (including B,PL Prior to
building elevations) accurately drawn (depicting all existing and proposed Issuance of
conditions on site), and prepared and signed by a California licensed Architect or Building
Permits
Engineer. All structural calculations shall be prepared and signed by a California
licensed Architect or Engineer. The site plan, landscape plan and details shall be
consistent with each other.
22. Air Conditioning Units: Air conditioning units and ventilation ducts shall be PL Prior to
screened from public view with materials compatible to the main building. Units Occupancy of
shall be pennanently installed on concrete pads or other non-movable materials to Units
approved by the Building Official and Director of Community Development.
23. Temporary Fencing: Temporary Construction fencing shall be installed along B,PW Through
perimeter of all work under construction. completion
24. Addressing. B Prior to
Issuance of
a. Provide a site plan with the City of Dublin's address grid overlaid on the Building
plans (l to 30 scale). Highlight all exterior door openings on plans (front, Permits,
rear, garage, etc.). (Prior to release of addresses) release of
addresses,
b. Provide plan for display of addresses. The Building Official and Director occupancy of
of Community Development shall approve plan prior to issuance of the units and
through
first building permit. (Prior to permitting) completion
c. Addresses will be required on the front of the dwellings. Addresses are
also required near the garage door opening if the opening is not on the
same side of the dwelling as the front door. (Prior to permitting)
d. Town homes / Condos are required to have address ranges posted on street
side of the buildings. (Occupancy of any Unit).
e. Address signage shall be provided as per the Dublin Residential Security
Code. (Occupancy of any Unit).
f. Provide a site plan with the approved addresses in 1 to 400 scale prior to
approval or release of the project addresses. (Prior to permitting)
g. Exterior address numbers shall be backlight and be posted in such a way
that they may be seen from the street. (prior to permit issuance, and
through completion)
h. Provide proposed locations for an illuminated diagrammatic map of the
complex at each entrance to the multi-family homes as required by section
7.32.220(a)(2) Dublin Municipal Code.
25. Engineer Observation. The Engineer of record shall be retained to provide B Ongoing
observation services for all components of the lateral and vertical design of the during
building, including nailing, hold-downs, straps, shear, roof diaphragm and construction
and written
structural rrame of building. A written report shall be submitted to the City report prior to
Inspector prior to scheduling the final frame inspection. scheduling the
final frame
inspection.
26. Addressing: An approved unit-numbering plan shall be incorporated into the B,P Prior to
construction drawings. Signage for each unit and hallway signage shall be Issuance of
13
approved as part of the Master Sign Program. Exterior address numbers shall be
backlight and be posted in such a way that they may be seen from the street.
27.
Tot Lot: Entrance to the Tot Lot play area shall be made accessible to the B
disabled.
building permit
and through
completion
Prior to Prior
to Issuance of
Building
Permit
Prior to
Issuance of
Building
Permit
Prior to
Issuance of
accessory
Building
Permit
Prior to
Issuance of
Building
Permit
Prior to
Issuance of
Building
Permit
Prior to
Issuance of
Building
Permit
28.
Number of Restrooms: Clubhouse(s) shall be provided with the number of water B
closets and lavatories as prescribed by the Unifonn Plumbing Code in effect at the
time of pennitting. The occupancy number shall take into account the adjacent
Swimming Pool, Spa and Play areas.
Accessory Buildings and / or Structures: Building pennits are required for all B
accessory buildings and / or structures. This includes but is not limited to
fountains, swimming pools, spas, clock towers, sound walls, and mail kiosks. To
apply for building permits, Applicant/Developer shall submit eight (8) sets of
construction plans to the Building Division for plan check. Applicant/Developer
will be responsible for obtaining the approvals of all participation non-City
agencies prior to the issuance of building permits.
Loft Areas: Loft areas shall meet the requirements for bedrooms for smoke B, F
detectors and window egress. Smoke detectors shall be located, at a minimum, at
the top of the stairs and in the loft area (this shall not be the same smoke detector).
29.
30.
31.
Under-Floor Area: The under floor area appears to be useable space and therefore B, F
will be required to meet the 1 hour fIre resistive requirements under section 712
Unifonn Building Code (UBC).
32.
Adaptable Dwelling Units: All single floor units shall be adaptable units per the B
CBC
33.
Emergency Vehicle Access (EVA): An EVA is required for driveway E and the F
first 150 feet of driveways F.
34.
Emergency Vehicle Access Improvements: In accordance with the ACFD F
requirements, the Applicant/Developer shall provide emergency vehicle access
routes into the project in general confonnance with the site plan. 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.
(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). Fire apparatus roadways shall have a minimum
unobstructed width of20 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).
14
Prior to
Issuance of
Building
Permit
Combustible
construction or
combustible
storage on site.
35.
Automatic Sprinklers- Automatic sprinklers shall be provided throughout the F
buildings as required by the Dublin Fire Code. If the buildings have over 100
sprinklers the system shall be monitored by UL listed central station.
ACFD rules regulations and standards. Applicant/Developer shall comply with F
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.
Fire hydrants. The Applicant/Developer shall construct all new fire hydrants in F
accordance with the ACFD and City of Dublin requirements. (Prior to combustible
construction or combustible storage on site). Final locations of fire hydrants shall
be approved by the ACFD in accordance with current standards. The minimum
fire flow design shall be 1500 gallon per minute at 20 psi residual (flowing from a
single hydrant). Raised blue reflectorized traffic markers shall be epoxied to the
center of the street opposite each hydrant. Sufficient fire flow is required based on
building construction and size.
Addresses: Approved numbers or addresses shall be placed on all new and F, P
existing buildings. The address shall be positioned as to be plainly visible and
legible from the street or road fronting the property. Said numbers shall contrast
with their background.
Fire extinguishers: Provide 2AIOBC fire extinguishers within 75 ft travel distance F
of portions of the buildings. An approved sign in accordance with Unifonn Fire
Code shall be conspicuously posted above the extinguisher.
Occupancy of
any affected
building
Through
completion
Start of
combustible
construction.
Prior to
Occupancy of
any affected
building
Prior to
Occupancy of
any affected
building.
Prior to
Occupancy of
Units
On-going
Prior to
Occupancy of
Units
36.
37.
38.
39.
40.
Fire alarms: Provide fire alann systems in the buildings as required by the F
California Building Code.
41.
Code Compliance: The project shall be in compliance with the Unifonn Building F, B
and Fire Codes as adopted by the City of Dublin.
Knox boxes: Knox boxes are required at the entrance to the building and at any F
gates in the Fire Department access roads.
42.
43.
The Developer shall comply with all applicable City of Dublin Residential and PO, B
Commercial Security Ordinances and the Dublin Unifonn Building and Security
Codes:
a. Parking Garage Security System with Surveillance Camera with on site
video recording.
b. A secure parking structure as required in 7.32.230 (h)(l) Building
Sec. Code, requiring Electronic Key Pad Entry including Opticom Sensors
for patrol car and fire truck access.
c. Security telephone with 24 hour monitoring capability as required in
7.32.230 (h)(3) Building Sec. Code.
d. Insure emergency services radio transmit and receive capabilities in the
parking structure.
e. Lighting as required by Section 7.32.230(c)(l0) Building Sec. Code.
15
Prior to
Occupancy of
Units
44. Illuminated Addressing is required on Residences, Garages, and Commercial PO Prior to
Stores. Occupancy of
Units
45. A Commercial lighting plan is required with point by point photometric PO,B Prior to
measurements. The plan is to include the lighting transition from commercial to Issuance of
residential. Building
Permits
46. Final Landscape and Irrigation Plans: Final Landscape and Irrigation Plans PL,PW Approval of
prepared and stamped by a State licensed landscape architect or registered Improvement
engineer, generally consistent with the preliminary landscape plan prepared by The Plans;
Landscaping to
Guzzardo Partnership, dated June 3,2004, except as modified by Conditions of be Constructed
Approval below, along with a cost estimate of the work and materials proposed, Prior to
shall be submitted for review and approval by the Community Development Acceptance of
Director. Landscape and irrigation plans shall be at a scale not less than 1" =20'. Improvements
or Prior to
Key areas such as major intersections and plazas shall be at a scale not less than 1" Occupancy of
= 10'. First Unit in
affected Phase
47. Western Project Wall: Provide a six foot pre-cast concrete project wall The 3'- PL Prior to
6" wide planter adjacent to the project wall shall be planted to appropriately screen Issuance of
the wall per the detail on Sheet L-7. Building
Permits
48. Air Conditioner Units: All Air Conditioning units shall be screened from view PL,B Approval of
with metal work and planted with vines to the satisfaction of the Community Improvement
Development Director and City's Consulting Landscape Architect. This includes Plans
AC units in planters as well as on porches. Approval of Certificates of Occupancy
shall be dependent upon satisfactory screening of the AC units per the approved
plans. Submit materials, colors and finish for the proposed screening of the AC
units
49. Landscaping of Walls and Trash Enclosures: The Applicant/Developer shall PL Pri or to
screen all walls and the sides of walls surrounding trash enclosures with Occupancy of
first Unit in
landscaping. The trash enclosure(s) shall have solid roof. affected Phase
50. Utility Screening: All above grade utilities shall be screened from view with PL,PW Approval of
either walls, metal work and/or plant material to the satisfaction of the Community Landscape
Plans/Construc
Development Director. tion, Prior to
Occupancy of
first unit
51. Metal Work: The design of the metal work shall be coordinated with the design PL, Approval of
of the architectural metal work used at the residential patios. Landscape
Plans
52. Interior Sidewalk standards: Construct 6' wide sidewalks to provide for a PL,PW Approval of
minimum unobstructed width of 4' where sidewalks are adjacent to head-in Landscape
parking. Plans
53. Landscape / Parking Curbs: All landscape areas along the side of a parking PL,PW Approval of
space shall have a 12-inch wide curb - (Zoning Ordinance 8.76.070 A 19). All Landscape
other landscaped areas shall be bordered by a concrete curb that is at least 6 inches Plan
high and 6 inches wide. All landscape planters within the parking area shall
maintain a minimum 5 foot radius, or be 2 feet shorter than adjacent parking
spaces to facilitate vehicular maneuvering.
16
54. Screening of Parking: View of parking shall be screened from adjacent road with PL, Approval of
wall and landscaping to achieve an immediate 30 inch tall screen from the finish Landscape
grade of the parking stalls as viewed from the adjacent major road. Wall(s) shall Plan
match building in color, materials and design, and shall be softened with planting.
55. Existing Trees: During the preparation of construction documents the consultants PL,PW Approval of
shall review the possibility of preserving some of the existing trees on site Landscape
specifically along Sierra Ln. and the comer of Sierra Ln. and Dougherty. Plans
56. Landscaping at Streetillrive Aisle Intersections: Landscaping shall not obstruct PL,PW Approval of
the sight distance of motorists, pedestrians or bicyclists. Except for trees, Landscape
landscaping at drive aisle intersections shall not be taller than 30 inches above the Plans
curb. Landscaping shall be kept at a minimum height and fullness giving patrol
officers and the general public surveillance capabilities of the area.
57. Parking Landscape Planters: Landscape planters in the front of parking spaces PL,PW Approval of
shall provide a minimum two-feet clear to any tree Landscape
Plans
58. Additional Paving and Pots: Where the width of a planter is less than 6 feet, Approval of
special paving such as stone may be employed in combination with pots or tree Landscape
Plans.
guards to protect planting, if necessitated by the design. Landscaping to
be installed
pri or to
acceptance of
occupancy of
first unit in
affected phase
59. Parking Area Tree Wells: Tree wells shall be centered on parking stripes PL,PW Approval of
wherever possible. Tree wells placed in front of parking spaces shall provide a Landscape
minimum 3' clearance to the tree trunk. Tree wells shall be fitted with ornamental Plans
cast iron tree grates. Tree grates must have narrow openings to confonn to
handicap standards and meet the approval of the City Engineer.
60. Landscaping: Applicant/ Developer shall construct all landscaping within the site PL,PW Approval of
and along the project frontage from the face of curb to the site right-of-way to the Landscape
design and specifications of the City of Dublin, and to the satisfaction of the Plans
Director of Public Works, Director of Community Development and City's
Consulting Landscape Architect, or pay an equivalent amount to the City to
build the sidewalks and install street trees along the frontages. Street tree
varieties of a minimum 24" box from the approved street list shall be planted along
all street frontages and shall be shown on the Landscaping Plans. Exact tree
locations and varieties shall be reviewed and approved by the Director of Public
Works
61. Stormwater Filtering Area: Applicant! Developer shall construct stonnwater PL,PW Prior to
filtering areas to the satisfaction of the Director of Public Works, Director of Acceptance of
site
Community Development and City's Consulting Landscape Architect. improvements
62. Landscaping: All planting material shall be installed in accordance with the PL,PW Approval of
landscape plan and plant schedule included in the Landscape Plans dated June 3, landscape
2003 by The Guzzardo Partnership. Modifications in sizes and amounts of trees plans
and shrubs shall require approval by the Community Development Director.
63. Maintenance of Landscaping: All landscaping materials within the public right- PL,PW Prior to
of-way shall be maintained for 90 days and on-site landscaping shall be maintained Acceptance of
in accordance with the "City of Dublin Standards Plant Material, Irrigation System site
1rnnrr"'''''''t'Y\pntc
17
64.
and Maintenance Agreement" by the Developer after City-approved installation, or
submit payment in lieu of constructing said improvements in an amount
determined by the City Engineer/Public Works Director. This maintenance shall
include weeding, the application of pre-emergent chemical applications, and the
replacement of materials that die. 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.
Installation of Landscaping and Parking Lot Improvements: All landscaping PL, PW
and parking lot improvements shall be installed prior to occupancy ofthe
buildings.
Water Efficient Landscaping Ordinance: The Applicant/Developer shall submit PL, PW
written documentation to the Public Works Department (in the fonn of a
Landscape Documentation Package and other required documents) that the
development conforms to the City's Water Efficient Landscaping Ordinance.
Irrigation System: The irrigation system shall be designed to allow for the future PL, B
installation of turf in those areas designated as decomposed granite. The irrigation
design shall provide for an automatic underground system with head to head
coverage so that overspray is kept to a minimum.
Fountain Design: Final design of all of the fountains shall be subject to approval PL
by the Community Development Director prior to installation.
improvements
Prior to
Occupancy of
units
Prior to
Acceptance of
improvements
Approval of
Landscape
Plan
Approval
required prior
to installation
Approval
required prior
to installation;
completion
prior to first
occupancy
65.
66.
67.
68.
Public Art: The Applicant shall coordinate with staff during the design of the PL
public art piece. Final siting and design of the public art piece will require
approval by the Community Development Director prior to installation.
69.
Traffic Study. The Applicant/Developer shall comply with the recommendations PL, PW
of the traffic report dated April 28, 2004 prepared by Omni-Means Consultants.
Said traffic report requires the following:
a. In order to ensure orderly and unobstructed circulation of trucks through the
site, appropriate signage shall be provided throughout the site clearly
indicating which streets are to be used by trucks. Trucks shall be prohibited
on Main Street and 20' wide residential driveways A, B, C, D and F. Truck
access at the central driveway on Dublin Boulevard shall be prohibited for
all trucks. Similarly access for trucks 50' in length and larger shall be
limited to the driveway on Dougherty Road, at Dublin Court entry on
Dublin Boulevard and at the two driveways on Sierra Lane. The large
trucks shall be prohibited on Village Center Drive, Bantry Bay Street, Main
Street, and all the 20' wide residential driveways (Driveways A through F).
b. The east-west internal drive aisle [Village Center Drive] just north of
project entrance off of Dublin Boulevard shall be stop-sign controlled in
both directions, both at the full-access driveway at Dublin Court and at the
mid-block limited access driveways.
c. Temporary truck construction traffic hours of operation shall be limited to
non-peak periods between 9:00 a.m. and 4:00 p.m. In addition, the
Subdivider shall submit a construction safety management plan to be
reviewed by the City to ensure safe truck ingress-egress and any additional
18
Prior to
Acceptance of
improvements
by City
Councilor
Prior to
Issuance of
occupancy
permits for
effected phase.
measures (flagmen) that may be required.
d. A parking Management Plan shall be implemented by the Subdivider to
clearly identify the commercial-retail parking spaces and any planned time
limitations.
70.
Bus Shelter. The Applicant/Developer shall install a bus turnout and a shelter per
LA VT A standards on Dublin Blvd. In lieu of installing a bus turnout, shelter, and
associated sidewalk improvements, the Applicant/Developer shall pay to the City
the estimated cost of these features within 30-days written notice of completion of
the Dublin Boulevard/Dougherty Road Improvements by City's Capital
Improvement Project (CIP) 96852, or at the time of final acceptance of the
subdivision improvements, whichever occurs first. The City suggests the
Applicant consider providing or funding the cost of a shelter that is consistent with
the design by Dan Dykes previously used for shelters installed in the Downtown
area of Dublin Boulevard.
71.
CMU Screen Wall. The Applicant/Developer shall replace or supplement the
existing mid height CMU [Concrete Masonry Unit] Screen Wall along the north
side ofthe car wash with a 6 foot high wall. The type of finish and design shall be
as approved by the Community Development Director.
72.
Utility Structures. The Applicant/Developer shall coordinate with the City for the
proposed improvements on Dublin Boulevard, Dougherty Road and Sierra Lane as
to the locations of PUEs, utility structures and vaults. The Applicant/Developer
shall coordinate the design of landscaping within the PUE along Dublin Boulevard
and Dougherty Road frontages with the undergrounding of the overhead utilities to
be completed by the City.
Traffic Signal Equipment. The Applicant/Developer shall relocate/reinstall any
traffic signal equipment and signal loops which are damaged or to be relocated,
with no reimbursement from the City. The Applicant/Developer shall install a
closed circuit television (CCTV) camera and associated improvements for the
traffic signal at Dublin Boulevard/ Dublin Court intersection for the City's remote
monitoring and management of traffic flow on the street system.
73.
PW,
LAVTA
PL,PW
PW,PL
PW
Improvement and Grading Plans. All improvement and grading plans submitted PW, PL
to the Public Works Department for review/approval shall be prepared in
accordance with the approved Tentative Map, these Conditions of Approval, and
the City of Dublin Municipal Code including Chapter 7.16 (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 II" pages). Said checklist includes necessary design criteria and other
pertinent infonnation 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 infonnation).
74.
19
As required by
LAVTA but
not later than
acceptance of
improvements
by City
Council
Pri or to
Issuance of
Occupancy
Permit(s) for
each phase of
development
Approval of
Improvement
Plans by City
Engineer/
Public Works
Director
Prior to
Issuance of
Occupancy
Permit(s) for
each phase of
development
that relies on
this
intersection for
access
Prior to
Issuance of
Grading/Site
work Permit
75. Grading/Sitework Permit. All site improvement work and public right-of-way PW,PL Prior to
work must be perfonned per a Grading/Sitework Pennit issued by the Public Issuance of
Works Department. Said permit will be based on the final set of improvement Grading/Site
work Permit
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
infonnation. The Applicant/Developer must fill in and return the Applicant
infonnation contained on pages 2 and 3. The current cost of the permit is $10.00
due at the time of pennit issuance, although the Applicant! Developer will be
responsible for any adopted increases to the fee amount.
76. Demolition. Demolition shall include the complete removal of all surface and PW Prior to
subsurface structures. If any of the following are encountered: concrete, septic Approval of
tanks, stonn inlets, foundations, asphalt, machinery, equipment, debris and trash, grading plan
these shall be removed. All trees shall be properly grubbed to remove the major
root system. All known underground structures shall be located on the grading
plans so that proper removal can be carried out.
77. Finished Grades. All finished grades shall provide a positive gradient to an PW Prior to
adequate discharge point in order to provide a rapid removal of surface water Issuance of
runoff away from the foundations. No ponding of water shall be allowed on the Grading/Site
work Permit
pad or adjacent to the foundations. Surface drainage shall be provided as designed and approval of
by the project Civil Engineer and maintained by the property owner at all times. plans
78. Non Engineered Fills. Non engineered fills at the eastern portion of the site shall PW On-going
be removed and placed back as engineered fill and compacted per the through out
recommendations of the Geotechnical investigation. Contingencies shall be made construction
for the possibility of encountering old fill material deeper than 2.5 feet in the area.
During demolition, additional subsurface investigation of the site consisting of
excavating a number of backhoe test pits shall be carried out to provide a better
evaluation of the presence and extent of old fill.
79. Survey Control. Survey monuments shall be set in finished public and private PW Prior to
streets and at designated property comers or other control points in accordance Acceptance of
with the final maps recorded for this project, and as required by the City improvements/
release of
Engineer/Public Works Director. Said street monuments shall be set within a bonds by City
tolerance of twenty (20) seconds for any angle and 1 in 10,000 feet for distances Council
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.
80. Building Pad Certification. The Developer shall provide the Public Works Dept. PW Prior to
with a letter from a registered civil engineer or surveyor stating that the building Issuance of
building
pads have been graded to within 0.1 feet ofthe grades shown on the approved permit(s) for
Grading Plans, and that the top & toe of banks and retaining walls are at the each phase of
locations and/or Site Development Review shown on the approved Grading Plans. development.
8!. Storm Drainage Study. Applicant/Developer shall prepare a Stonn Drainage PW Prior to
Study for the properties and roads to be developed/constructed with the project. Issuance of
Grading/Site
The Study, including a hydrology map and hydraulic calculations, shall include an work Permit.
analysis of existing and proposed pipes within the watershed as necessary to verify
20
the adequacy of the stonn drain design. The Study must demonstrate that design
flows do not adversely impact existing hydraulics upstream or downstream of the
project, or that identified impacts will be mitigated with improvements to the
City's pipe network, or Zone 7's channel network.
82. Storm Drain Improvements. All stonn drain improvements and mitigation PW
measures identified in the Stonn Drain Study and/or specified by the City
Engineer/Public Works Director shall become requirements ofthis project. Prior
to issuance of the first Certificate of Occupancy for any building which is part of
the Project, the stonn 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 Agency's 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 ofthe pipes. The Applicant/Developer shall take measures to
prevent damage to existing 48" stonn drain lines within the project during and
after construction.
83. Overland Storm Drain Flow. To accommodate potential overland flow, the PW
parking lot grading and on-site stonn drain system shall be designed to convey
stonn water overland to public street right-of-way without inundating the buildings
in the event the pipe network becomes plugged.
84. FEMA Flood Zone. According to the Flood Insurance Rate Map published by PW
FEMA (Community Panel Number 060705-0001 B) the site is entirely located
with Flood Zone X. All proposed structures must be elevated at least I-foot above
this flood elevation, or the structures shall be flood-proofed. The underground
parking garage shall be drained using sump pumps designed per City requirements.
85. Erosion Control during Construction. Applicant/Developer shall include an PW
Erosion and Sediment Control Plan with the Grading and Improvement plans for
review and approval by the City Engineer/Public Works Director. Said plan shall
be designed, implemented, and continually maintained pursuant to the City's
NPDES pennit between October 151 and April 151h or beyond these dates if dictated
by rainy weather, or as otherwise directed by the City Engineer/Public Works
Director. Prior to any clearing or grading, the Developer shall provide the City
evidence that a Notice of Intent (NOI) has been sent to the California Regional
Water Quality Control Board (RWQCB) per the requirements of the NPDES. A
copy ofthe Stonn Water Pollution Prevention Plan (SWPPP) shall be provided to
the Public Works Department and be kept at the construction site.
86. Water Quality/Best Management Practices. Pursuant to the Alameda PW
Countywide National Pollution Discharges Elimination Permit (NPDES) No.
CAS0029831 with the 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 stonn water pollution. In addition to any
proposed biofiltration swales, 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
stonn drain system. The Applicant shall file a Notice of Intent (NOI) with the
RWQCB and shall prepare and submit a Stonn Water Pollution Prevention Plan
21
Prior to
Issuance of
Grading/Site
work Permit
Prior to
Issuance of
Grading/Site
work Permit
Prior to
Issuance of
Grading/Site
work Permit
Prior to
Issuance of
Grading/Site
work Permit
and during
construction.
Prior to
Issuance of
Grading/Site
work Permit
87.
(SWPPP) for the City Engineer/Public Works Director's review/approval. Finally,
all storm drain inlets serving vehicle parking areas and not draining into bio-swales
shall be fitted with Filter Devices to remove Hydrocarbons and other contaminants
and stenciled "No Dumping - Flows to Bay" using stencils available from the
Alameda Countywide Clean Water Program.
Storm Water Treatment Measures Maintenance Agreement.
Applicant/Developer shall enter into an agreement with the City of Dublin that
guarantees the property owner's perpetual maintenance obligation for all stonn
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 stonn water permit.
Said pennit requires the City to provide verification and assurance that all
treatment devices will be properly operated and maintained.
Covenants, Conditions and Restrictions (CC&Rs). An Association shall be
fonned by recordation of a declaration of Covenants, Conditions, and Restrictions
to 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 ofthe
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:
I.Maintenance of the private access roads, any common utilities, and any
common areas, including the Plaza area. 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 Perfonnance 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.
2. The private access roads shall be posted in accordance with California
Vehicle Code Section 22658, Sections 1 and 2.
3.0wners and residents of the Tralee project shall be informed of the noise
exposure levels along Dublin Boulevard, Sierra Lane and Dougherty Road,
and of potential uses that may occupy the adjacent site to the west.
Additionally, Sierra Lane allows for truck parking for adjacent USeS or other
trucks overnight.
The above requirements shall be included in the project CC&Rs.
88.
22
PW
PW
Prior to
Acceptance of
improvements
by City
Council
Prior to
Issuance of
Occupancy
Permit(s) for
each phase of
development
89.
Construction Noise Management Program/Construction Impact Reduction
Plan. Applicant/Developer shall confonn to the following Construction Noise
Management Program/Construction Impact Reduction Plan. The following
measures shall be taken to reduce construction impacts:
a. Off-site truck traffic shall be routed as directly as practical to and from the
freeway (1-580) to the job site. Primary route shall be from 1-580 to
Dougherty Road to either Dublin Boulevard or Sierra Lane. An Oversized
Load Permit shall be obtained from the City prior to hauling of any
oversized loads on City streets. Truck traffic shall be restricted to outside
the peak traffic hours.
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. The name of the construction noise monitor shall be posted at the entry to
the site. The construction noise monitor shall be responsible for responding
to complaints and taking measures to reduce the noise level, and estimating
noise levels at nearest sensitive commercial or retail uses at the west end of
the site and across Sierra Lane.
f. Provide a construction phasing plan showing the duration of each phase
and equipment used, and location of stationary equipment.
g. Mud and dust carried onto street surfaces by construction vehicles shall be
cleaned-up on a daily basis. All paved access roads, parking areas and
staging areas at construction sites shall be swept daily.
h. All exposed stockpiles such as dirt, sand, etc. shall be enclosed, covered or
applied with non-toxic soil binders.
1. Excavation haul trucks shall use tarpaulins or other effective covers.
J. Upon completion of construction, measures shall be taken to reduce wind
erosion. Replanting and repaving should be completed as soon as possible.
k. After grading is completed, fugitive dust on exposed soil surfaces shall be
controlled using the following methods:
I . 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.
1. 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
23
Prior to
Acceptance of
improvcments
by City
Council, and
during grading/
construction
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.
m. 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 ofleast 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.
Emissions control of on-site equipment shall be minimized through a routine
mandatory program of low-emissions tune-ups.
90.
Geotechnical Report and Recommendations. The Applicant/Developer shall PW, B
incorporate the recommendations of the Geotechnical Investigation on Pak-N-Save
Property, prepared for the project by Terrasearch, Inc., dated October 16, 2002
(Terrasearch Report), and any subsequent recommendations, into the project
design. The Applicant/ Developer shall prepare additional subsurface investigation
as identified in the Terrasearch Report. The Geotechnical Engineer shall certify
that the project design confonns 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.
Any changes in grading or building design that would be significantly affected by
geologic hazards or soil conditions, or would significantly alter geologic or soils
conditions, shall be accompanied by a re-analysis of those conditions. In addition,
any conditions discovered during excavation or grading that significantly depart
from the previously described geologic and soils setting shall be evaluated.
Archaeological Materials. If archaeological materials are encountered during PW, PL
construction, construction within 100 feet of these materials shall be halted until a
professional Archaeologist who is certified by the Society of California
Archaeology (SCA) or the Society of Professional Archaeology (SOP A) has had
an opportunity to evaluate the significance of the find and suggest appropriate
mitigation measures.
Dougherty Road and Dublin Boulevard Improvements. The PW
Applicant/Developer shall design and construct the public sidewalk, bus turnout,
and other applicable frontage improvements along Dougherty Road and Dublin
Boulevard in their ultimate locations pursuant to the City's Capital Improvement
Project (CIP) 96852 or submit payment in lieu of constructing said improvements
in an amount detennined by the City Engineer/Public Works Director. The
existing curb and gutter shall remain in place, except at driveways and the bus
turnout, until the City widens the frontages as part of the City project. The area
between the existing curb and gutter and the new public sidewalk shall be
temporarily landscaped in a manner that will allow subsequent removal by the City
_ . 4 .
91.
92.
24
Pri or to
Issuance of
Grading/Site
work Permit or
Building
Permit, and
during
construction
During
grading/constru
ction
Design shall be
approved by
the City prior
to Pri or to
Issuance of
Grading/Site
work Permit;
construction
shall be
completed
prior to
issuance of
when the roads are widened.
Decorative paving, entry features such as Comer Fountain Plaza at the comer of
Dougherty Road and Sierra Lane, and special features at Dublin Court entry shall
be completed by the Developer at the time of project development, or not later than
the completion of the City Project. The location, layout and grades ofthe
improvements shall be coordinated with the City Project.
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.
Occupancy
Pennit(s) for
each phase of
development
93.
Stop Controls. In addition to the locations shown on the Site Plan, Stop control PW
devices for vehicles, including an Rl STOP sign, STOP pavement legend, 12"-
wide white stop bar stripe, and appropriate double yellow centerline delineation,
shall be provided at the following locations:
(1) At the exit aisle approach onto Sierra Lane off of Bantry Bay Street.
(2) At the exit aisle approach on Adare Lane at Sierra Lane.
(3) At the exit aisle approach on Tralee Village Drive at Dougherty Road.
(4) At other locations deemed reasonably necessary by the City
Engineer/Public Works Director during final design and/or construction.
Traffic Control Devices. In addition to the traffic control devices shown on the PW
Site Plan, the Applicant/Developer shall provide devices at the following locations:
R41 (Right Turn Only) sign at the exit aisle approach on Tralee Village Drive at
Dougherty Road, together with an RIO (One Way) sign in the median island
opposite the driveway.
R41 (Right Turn Only) sign at the exit aisle approach on Bantry Bay Street (gas
station) at Dublin Boulevard, together with an RIO (One Way) sign in the median
island opposite the driveway.
Rll/RIIA (Do Not Enter ~ Wrong Way) signs at the southbound approach to the
entrance only driveway on Dublin Boulevard.
RIOOB (Physically Challenged Tow-Away) signs at all driveway entrances to the
project with text amended to include the following: ".. . may be reclaimed at
DUBLIN POLICE or by telephoning 833-6670".
R7/R7A (Keep Right) and Type K Marker at the median nose for the driveway
entrance opposite Dublin Court.
Truck Access. In order to ensure orderly and unobstructed circulation of trucks PW
through the site, appropriate signage shall be provided throughout the site clearly
indicating which streets are to be used by trucks. Based on the turning radii
proposed and truck turning templates for small single unit trucks (maximum 30
feet length), it is recommended that trucks be prohibited on Main Street and 20'
wide residential driveways A, B, C, D and F. Truck access at the central entrance
driveway on Dublin Boulevard shall be prohibited for all trucks. Similarly, access
for trucks 50' in length and larger shall be limited to the driveway on Dougherty
Road, at the entrance opposite Dublin Court on Dublin Boulevard and at the two
driveways on Sierra Lane. The larger trucks shall be directed to use the primary
access roadways within the project site. Applicant/Developer shall make minor
modifications as required by the City to the curb layout at the most easterly
driveway on Dublin Boulevard to improve truck access at this driveway.
Prior to
Acceptance of
improvements
by City
Council
94.
Prior to
Acceptance of
improvements
by City
Council
95,
Prior to
Issuance of
Occupancy
Pennit(s) for
each phase of
development
25
96. Construction Traffic and Parking. Developer shall prepare a plan for PW During
construction traffic interface with public traffic on any existing public street. construction
Construction traffic and parking may be subject to specific requirements by the
City Engineer/Public Works Director.
97. Vehicle Parking. Applicant/Developer shall construct on-site paved parking areas PW,PL Prior to
and spaces for guest, tenant, and resident parking according to the Site Plan and Issuance of
zoning requirements of the use. Occupancy of each phase of development will be Occupancy
Permit(s) for
dependent upon ApplicantlDeveloper completing the necessary parking areas to each phase of
serve that phase. All parking spaces shall be double striped using 4" white lines development
according to Figure 76-3 and §8.76.070 (A) 17 of the Dublin 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.
A parking management plan shall be implemented by the project sponsor to
monitor parking including, any planned time limitations, and parking intrusion or
illegal parking along Tralee Village Drive where both retail and residential parking
is planned.
98. Parking Prohibitions/Restrictions. Vehic1e parking shall be prohibited/restricted PW Prior to
in the following locations: Issuance of
Occupancy
· Prohibited along both sides of the Driveways A, B, C, D, E and F located Permit(s) for
between the residential buildings. This parking prohibition shall be each phase of
indicated with red-painted curbs, and with R26F "No Stopping - Fire development
Lane" signs installed on both sides at a spacing not to exceed 200'.
· Restricted to loading/unloading only along the curb near the southwest
comer of Commercial Buildings 1 and 3. This parking restriction shall be
indicated with yellow-painted curbs, and with Loading Zone signs installed
adjacent to the curb.
· Prohibited or restricted at other locations deemed reasonably necessary by
the City Engineer/Public Works Director during final design and/or
construction.
· Parking shall be prohibited on Dougherty Road and Dublin Boulevard and
on Sierra Lane within 100' of Dougherty Road.
99. Vehicular and pedestrian easement. The existing Vehicular and Pedestrian PW Pri or to
Easement located at the southeast comer of Lot 3 (recorded as Series No. 91- Issuance of
009057) shall be kept clear of any pennanent structures, landscaping or other Grading Permit
obstructions and shall remain as a paved access to the service station property
located southeast of the project, unless the easement is extinguished prior to
issuance of Grading Permit.
100. Address Numbering System. After the Final Map records but before Building PW,B,F Prior to
Pennits are issued, the Applicant/Developer shall propose address numbers for Issuance of
Building
each building/dwelling unit based on the address grid utilized within Alameda Permits
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 Dublin Boulevard, Dougherty Road and
Sierra Lane that identify all addresses within the development. Addresses are
26
required on the front and rear of each building. Apartments require address ranges
to be posted on the street side of each building, or as otherwise required by the
Building Official and Fire Marshal.
101. Site Lighting. The Developer/Applicant shall submit for approval a photometric PW, PL, P
lighting plan which demonstrates that all exterior areas of the site will include safe,
unifonn, non-glaring light distribution that meets the industry standards for this
type of project. Lighting in landscaped areas throughout the project shall be subject
to review and approval of City's Landscape Architect, Planning, and Public Works
Departments, in consideration ofIES standards for lighting in public/community
areas. The Applicant shall submit a final lighting plan for approval by the Dublin
Police Services. At a minimum the plan should include: 0.50 foot candle lighting
at all doors, and lighting fixtures should be of a vandal-resistant type.
102. Site Accessibility Requirements. All disabled access ramps, parking spaces for PW, B
the disabled, and other physical site improvements shall comply with current UBC
Title 24 requirements and City of Dublin Standards for accessibility.
103. Recycling. Applicant/Developer shall provide recycling collection areas within the PW, P
refuse collections areas in confonnance 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.
104. Waive right to protest. The Applicant/Developer waives any right to protest the PW
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.
105. Relocation of Existing Improvements/Utilities. Any necessary relocation of PW
existing improvements or utilities shall be accomplished at no expense to the City
except those improvements associated with the Dublin Boulevard/Dougherty Road
Improvements by City's Capital Improvement Project (CIP) 96852.
106. Street Trees. 24"-box sized street trees shall be planted in tree wells along Dublin PW, PL
Boulevard and Dougherty Road in a manner consistent with City of Dublin
Standard Detail CD-SOl, except that the tree species shall match the adjacent
streetscape and the tree grates shall be cast iron. Street trees shall be irrigated from
the private on-site system(s).
107. Joint Utility Trenches/UndergroundinglUtility Plans. Applicant/Developer PW, PL
shall construct all joint utility trenches and underground all existing overhead
utility services (including electric, telecommunications, cable TV, and gas) in
accordance with standards enforced by the appropriate utility agency, excluding
those to be relocated or installed as part of the Dublin Boulevard/Dougherty Road
Improvements by City's Capital Improvement Project (CIP) 96852. All vaults,
electric transfonners, cable TV boxes, blow-off valves and other utility features
shall be 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 the City Engineer/Public
27
Prior to
Issuance of
Building
Permit( s).
Prior to
Issuance of
Occupancy
Permit(s) for
each phase of
development
Prior to
Issuance of
Occupancy
Permits
Ongoing
Prior to
Acceptance of
improvements
by City
Council
Prior to
Acceptance of
improvements
by City
Council.
Prior to
Issuance of
Occupancy
Permit(s) for
each phase of
development
Works Director prior to installation.
108. Utility Undergrounding. The Applicant/Developer shall pay to the City $25,000 PW Within thirty
as a fair share of the cost of undergrounding the existing overhead utilities on (30) days from
Dublin Boulevard and Dougherty Road. The City of Dublin will complete the receipt of
written request
undergrounding of the overhead utilities as part of the Dublin from the City
Boulevard/Dougherty Road Improvements by City's Capital Improvement Project for the
(CIP) 96852. However, based on the available PG&E Rule 20A funding and the payment, or at
project costs, a funding shortfall of $25,000 has been identified. The the time of the
final building
Applicant/Developer agrees to the payment of the above amount as their fair share permit within
cost of undergrounding the existing overhead utilities along the frontages of the the proj ect,
project on Dublin Boulevard and Dougherty Road. whichever
occurs first
109. Temporary Construction Fencing. Temporary Construction fencing shall be PW,P Prior to
installed along the perimeter of all work under construction to separate the Issuance of
construction operation from the public. All construction activities shall be Grading
Permit(s) and
confined to within the fenced area. Construction materials and/or equipment shall during
not be operated or stored outside of the fenced area or within the public right-of- grading/constru
way unless approved in advance by the City Engineer/Public Works Director. ction for each
phase of
development
110. Private Street Signage. Applicant/ Developer shall post private street signage in PW,PL Pri or to
the private drive aisle areas in accordance with the California Vehicle Code. No Issuance of
trespassing signs should be posted as governed by the California Penal Code Occupancy
Permit(s) for
Section 602. Street name signs shall display the name of the street together with a each phase of
City standard shamrock logo. Posts shall be galvanized steel pipe, break away development
posts. As an alternative to the City standard shamrock logo on the street signs, the
Applicant/Developer may propose an alternative logo which matches the
marketing theme for the project. Any alternative street sign logo shall be subject to
final approval by the Community Development Director and Public Works
Director.
111. Construction Hours. Standard construction and grading hours shall be limited to PW During
weekdays (Monday through Friday) and non-City holidays between the hours of grading/constru
7:30 a.m. and 6:00 p.m. The Applicant/Developer may request reasonable ction for each
phase of
modifications to such detennined days and hours, taking into account the seasons, development
impacts on neighboring properties, and other appropriate factors, by submitting a
request fonn 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.
112. Damage/Repairs. The Applicant/Developer shall be responsible for the repair of PW Prior to
any damaged pavement, curb & gutter, sidewalk, or other public street facility Acceptance of
resulting from construction activities associated with the development of the improvements
by City
project, to the satisfaction of the City Engineer/Public Works Director. Council
113. Graffiti. The Applicant/Developer and/or building tenant(s) shall keep the site PW,P On-going
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.
114. Occupancy Permit Requirements. Prior to issuance of an Occupancy Permit, the PW Prior to
physical condition of the project site shall meet minimum health and safety Issuance of
Occupancy
standards including, but not limited to the following: Permit(s) for
28
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.
115. Bicycle Racks. Bicycle racks shall be installed near the entrances to the PW, PL
commercial buildings at a ratio of I rack per 40 vehicle parking spaces. Bicycle
racks shall be designed to 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 townhomes and condominiums, one bicycle storage space shall be
provided within each residence or in lockable containers or spaces if not within the
individual residence.
116. Environmental Site Assessment. If, during construction of the Project, presently PW
unknown hazardous materials are discovered, the Applicant/Developer shall adhere
to the requirements of Alameda County Department of Environmental Health
(ACDEH), the Fire Marshal, the City, and/or other applicable agency to mitigate
the hazard before continuing.
The Applicant/Developer shall comply with the recommendations of the Phase I
Environmental Assessment with Phase II Groudwater Screening-Fonner Pak'N
Save Building 6633 Dublin Boulevard Dublin, California prepared by Rosewood
Environmental Engineering dated November 6, 2002. Said Phase I Assessment
requires the following:
a. Lamp ballasts shall be sampled for Polychlorinated Biphenyls (PCBs) prior
to demolition of existing buildings to detennine the proper method of
disposal of the ballasts.
b. The pre-demolition asbestos survey identified the floor tiles and roof sealant
to contain asbestos. Asbestos waste shall be transported to a disposal facility
and disposed of properly in accordance with local, state and federal laws and
29
each phase of
development
Prior to
Issuance of
Occupancy
Permit(s) for
each phase of
deveJopment
Prior to
Issuance of
Occupancy
Permit(s) for
each phase of
development
and during
construction
regulations including but not limited to the Department ofTransportaion,
Toxic Substances Control Act, Cal/OSHA and California Highway Patrol.
c. An abatement specification shall be prepared for use by the selected
abatement contractor. It shall document the asbestos containing materials
(ACMs) identified during the demolition survey, list the regulations that will
apply to the abatement work and outline the procedures to be used for
abatement. Abatement work must be perfonned in accordance with local,
state and federal laws and regulations including but not limited to California
Occupational Safety and Health Administration (Cal/OSHA), National
Emission Standard for Hazardous Air Pollutants (NESHAPS) and the Bay
Area Quality Management District (BAAQMD). The EP A or their
designated local oversight agency, such as BAAQMD, must be notified of
abatement of the regulated ACMs at least 10 working days prior to the
commencement of the abatement work.
117. Release of Security. When all improvements governed by the Improvement PW
Agreement are complete to the satisfaction of the City Engineer/Public Works
Director, the City Engineer/Public Works Director will recommend to the City
Council that 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 and signed by the designer 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
perfonned 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.
Acceptance of
improvements
by City
Council.
118. Geographic Information System. Once the City Engineer/Public Works Director PW
approves the development project, a digital vectorized file on floppy or CD of the
Improvement Plans shall be submitted to the City and DSRSD. Digital raster
copies are not acceptable. The digital vectorized files shall be in AutoCAD 14 or
higher drawing fonnat or ESRI Shapefile fonnat. 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.
119. Prevailing Wages. All public improvements constructed by Developer and to be PW
dedicated to the City are hereby identified as "public works" under Labor Code
section 1771. Accordingly, Developer, in constructing such improvements, shall
comply with the Prevailing Wage Law (Labor Code, sects. 1720 and following).
Prior to
Acceptance of
improvements
by City
Council
At all times
during
construction of
public
improvements
30
120. Affordable Housing: The project will include affordable housing residential units PL Prior to
equal to 12.5% of total residential units. All affordable housing units shall be Approval of
distributed equally throughout the project in accordance with provisions of the Final Map
pri or to
Stage 2 Development Plan for P A#02-062. occupancy of
units in
affected phase
121.. Affordable Housing Agreement. An Affordable Housing Agreement shall be PL Prior to
entered into by the Developer and the City of Dublin as required by Section 8.68 of Approval of
the Dublin Municipal Code. Final Map and
prior to
occupancy of
units in
affected phase.
122. The Applicant/developer shall submit a master sign program for the commercial PL Prior to
and residential components of the project. The sign program shall confonn to the Issuance of
building pennit
City of Dublin Sign Ordinance in effect at the time ofthe application. The master and installation
sign program be shall be subject to review and approval of the Director of of signs.
Community Development and reviewed by the City's Contract Architect to
detennine compatibility of design with the buildings.
123. Solid Waste/Recycling. Applicant/Developer shall comply with the City's solid ADM On-going
waste management and recycling requirements.
124. Refuse Collection. The refuse collection service provider shall provide a letter ADM Occupancy of
confinning that adequate space is provided to accommodated collection and first building.
Provisions for
sorting of petrucible solid waste as well as source-separated recyclable materials collection to be
generated by the residents within the project. shown on
plans.
125. Parkland Dedication - The developer shall be required to pay a Public Facilities PL Prior to
Fee in the amounts and at the times set forth in the City of Dublin Resolution No. Issuance of
Building
60-99, adopted by the City Council on April 6, 1999, or in the amounts and at the Pennit
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. No
credit against the dedication requirement shall be given for open space within this
project.
126. School Mitigation Agreement. The Developer shall enter into a School PL Prior to
Mitigation Agreement with the Dublin Unified School District. Issuance of
Building
Pennits for
each affected
Phase
127. Compliance With Requirements. Applicant/Developer shall comply with all F, PW, PO, Approval of
applicable requirements of the Alameda County Fire Department, Public Works Zone 7, Improvement
Department, Dublin Police Service, Alameda County Flood Control District Zone DSR, PL Plans
7, and Dublin San Ramon Services District.
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128. Cable and Internet Access: All BMR residential units within the project shall be PL
wired for cable and internet access in the same manner as the market rate units.
All residential units shall be provided with a dedicated homerun Category 5
minimum wiring from the data room to unit, for future use. Telco Room in
(townhouse-style units) shall be stubbed out, with a 4-inch conduit, to a distance of
2 feet outside the foundations.
Prior to
Issuance of
Building
Permit
PASSED, APPROVED AND ADOPTED this 22nd day of June 2004.
AYES: Cm. Fasulkey, Nassar, Jennings, King, and Machtmes
NOES:
ABSTAIN:
I' / /' ~
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1 t 1 '. . ,.
Planning Commission Chairperson
1
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ABSENT:
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