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HomeMy WebLinkAbout6.2 - 3248 Cambria Hotel Appeal Page 1 of 15 STAFF REPORT CITY COUNCIL DATE: June 2, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Cambria Hotel Project Appeals and Community Benefit Agreement (PLPA- 2019-00020 & PLPA-2019-00044) Prepared by: Amy Million, Principal Planner and Hazel L. Wetherford, Economic Development Director EXECUTIVE SUMMARY: The Applicant, Jerry Hunt of VP-RPG Dublin, LLC, is proposing to construct a 138-room hotel on an existing parking lot located south of the existing Corrie Center office building at 7950 Dublin Boulevard within the Downtown Dublin Specific Plan (DDSP) Transit- Oriented District. The new six-story hotel will consist of four stories of guest rooms and amenities over two stories of podium parking, and related landscaping and site improvements. Requested approvals include a Site Development Review Permit and Minor Use Permit for shared parking between the proposed hotel and existing office building. The Planning Commission considered the proposed project on April 28, 2020, and unanimously approved the applications. During the statutory appeal period, the City received two appeals, one from the Laborers International Union of North American No. 304 (LIUNA) and the other from the West Dublin Alliance. The City Council will hold a public hearing to consider the appeals. Staff recommends that the City Council provide a maximum of 10 minutes to each appellant and the applicant to make presentations to the City Council. The City Council will also consider a proposed Community Benefit Agreement. A Community Benefit Agreement is required in order to allocate non- residential square footage from the Downtown Dublin Specific Plan’s Development Pool. STAFF RECOMMENDATION: Disclose ex parte contacts, receive Staff presentation, open the public hearing, take testimony from the Appellant, Applicant and the public, close the public hearing and deliberate, and take the following action: a) Adopt the Resolution Denying the Appeals and Affirming the Planning Commission’s Approval of a Site Development Review Permit for the Construction of a 138-room Hotel and Minor Use Permit to Allow a Parking Reduction for Shared Parking at 7950 Dublin Boulevard; and b) Adopt the Resolution Approving a Community Benefit Agreement Between the City of Dublin and VP-RPG Dublin, LLC. OR Page 2 of 15 c) Direct the City Attorney to prepare a Resolution Granting the Appeals and Denying the Site Development Review Permit and Minor Use Permit, including findings of fact, for City Council consideration no later than July 21, 2020, and take no action on the Community Benefit Agreement. FINANCIAL IMPACT: All costs associated with processing this application are borne by the applicant. DESCRIPTION: Background The 4.5-acre project site is located at 7950 Dublin Boulevard at the intersection of Dublin Boulevard and San Ramon Road within the Downtown Dublin Specific Plan (DDSP) Transit-Oriented District as shown in Figure 1 below. The project site, which includes the Corrie Center office building and the former Hooter’s restaurant (closed February 2020), shares street access with Earl Anthony’s Dublin Bowl, a two-story office building on Regional Street, and a single-story multi-tenant retail building on Dublin Boulevard. Access to the site is provided from both Dublin Boulevard and Regional Street through the parking field. Page 3 of 15 The proposed Cambria hotel is one piece of the larger development plan the Applicant has undertaken on the subject property. In December 2019, the Community Development Director approved the Lot Line Adjustment to relocate the existing property line between the existing office building and the former Hooter’s restaurant to the south side of the office building. The Lot Line Adjustment places the proposed hotel on a 1.75-acre parcel and the office building and restaurant on the remaining parcel. The total number of parcels has not changed. On April 14, 2020, the Community Development Director approved a Site Development Review Permit to remodel the exterior of the Corrie Center office building, modify the landscaping, and upgrade the parking area to meet current accessibility requirements. A Heritage Tree Removal Permit was also approved to allow nine redwood trees to be removed throughout the subject property. (The latter was subsequently abandoned by the Applicant and incorporated into the Planning Commission’s actions to remove two, instead of nine, trees.) Currently, the Applicant, Jerry Hunt of VP-RPG Dublin, LLC, is proposing to construct a 138-room hotel and associated site improvements on the newly created 1.75-acre parcel at 7950 Dublin Boulevard. The six-story building is designed with four floors of hotel over two stories of structured parking. The entitlements for the project that were presented to the Planning Commission on April 28, 2020, for consideration, and subsequently approved, are a Site Development Review Permit, Minor Use Permit and Heritage Tree Removal Permit for the removal of two Heritage Trees. As described below, this Heritage Tree Removal Permit was also later withdrawn by the Applicant prior to the filing of the appeals. The approval by the Planning Commission of these permits has been appealed to the City Council. The applicant is required to utilize non-residential square footage from the DDSP development pool because the proposed project exceeds the base floor area ratio (FAR) as further discussed below. The Applicant must enter into a Community Benefit Agreement in order to utilize square footage from the development pool. The decision to enter into a Community Benefit Agreement is considered separately from the appeal of the Planning Commission actions. The City Council is the decision-making body for Community Benefit Agreements. The appeal of the Planning Commission decision to approve the Site Development Review Permit and Minor Use Permit, and the request for a Community Benefit Agreement are the subject of this Staff Report. Both appellants and the applicant have expressed a desire to make a presentation to the City Council during the Public Hearing. Therefore, Staff recommends that the City Council grant both appellants and the applicant a maximum of 10 minutes each to make presentations during the public hearing. PLANNING COMMISSION ACTION: On April 28, 2020, the Planning Commission held a public hearing to consider the proposed project. After reviewing the Staff Report, receiving presentations from Staff and the Applicant, and receiving comments from eight members of the public who spoke in opposition to the project with comments primarily focusing on the removal of Page 4 of 15 the two heritage trees, the Planning Commission adopted Resolution No. 20-06 approving the Site Development Review Permit, Minor Use Permit and Heritage Tree Removal Permit. The Planning Commission Staff Report and the draft minutes are included as Attachments 1 and 2, respectively. The Planning Commission resolution of approval (Resolution 20-06) is included as Attachment 3. The Planning Commission approval included a condition that required the Applicant to work with Staff to find possible solutions that would protect the two heritage redwood trees provided that no changes to the hotel footprint would be required. After completing its review, the Applicant presented a solution that does not require removing the trees and withdrew the Heritage Tree Removal Permit application. The solution would shift the bio-retention area and parking spaces and result in two to three fewer parking spaces. Therefore, the Applicant is no longer authorized to remove the two heritage redwood trees. Furthermore, the subject appeals only concern the Site Development Review Permit and Minor Use Permit approved by the Planning Commission, and do not appeal the Planning Commission’s decision on the now-withdrawn Heritage Tree Permit. APPEAL PROCESS: Dublin Municipal Code (DMC) Chapter 8.136 (Appeals) contains the regulations and procedures that must be followed if an action of the Planning Commission is appealed to the City Council. The appeal must be scheduled for a Public Hearing within 45 days of the filing of the appeal. The City Council may defer decision on the appeal at the Public Hearing but must take action within 75 days of the filing of the appeal. On May 7, 2020, and May 8, 2020, LIUNA and the West Dublin Alliance, respectively, appealed the approval of the Site Development Review Permit and Minor Use Permit by the Planning Commission. The appeals are included as Attachments 4 and 5, respectively. In accordance with Chapter 8.136, the City Council must hold a Public Hearing no later than June 21, 2020, and must take action no later than July 21, 2020, or the decision of the Planning Commission is deemed affirmed. The City Council may consider only those issues involving the matters that are the specific subjects of the appeal. DMC Chapter 8.136 states that the City Council may, by majority vote, affirm, affirm in part, or reverse the Planning Commission’s decision to approve the project. If the City Council decides to affirm the Planning Commission’s decision to approve the project, the City Council may adopt additional conditions of approval that address the specific subject of the appeal. The City Council’s action must be supported by findings of fact based on information before the Council when it hears and considers the appeal. Staff recommends that the City Council adopt a resolution denying the appeals and affirming the Planning Commission’s decision, with the resolution included as Attachment 6 and the Project Plans (Exhibit A) and Parking Study (Exhibit B) included as Attachments 7 and 8, respectively. Page 5 of 15 ANALYSIS: Appeal of the Site Development Review Permit and Minor Use Permit Pursuant to the Downtown Dublin Specific Plan and DMC Chapter 8.104, a Site Development Review (SDR) Permit is required prior to the construction of the proposed project. Approval of an SDR Permit requires findings enumerated in DMC Section 8.104.090 (Required Findings). In addition, the proposed project includes a request for approval of a Minor Use Permit for shared parking, which requires additional findings for approval as included in DMC Section 8.102.060 (Required Findings). The required findings are included in the Resolution denying the appeals and affirming the Planning Commission’s decision (Attachment 6). Issues Raised in Appeals The primary issues raised in both appeals are based on a comment letter submitted by LIUNA on April 24, 2020, regarding the Cambria Hotel Project in preparation of the April 28, 2020 Planning Commission meeting. LIUNA’s May 7, 2020 appeal incorporates their April 24, 2020 comment letter. West Dublin Alliance’s appeal refers to the reports attached to LIUNA’s April 24, 2020 comment letter. The appeals both focus on the City’s finding that the DDSP Environmental Impact Report (EIR) and its Addendums studied and addressed the project’s environmental impacts, and that no further environmental review is required for this project pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15182. This finding is explained in further detail below in the Environmental Review section of this report. The summary of issues in the appeals and responded to in detail below are: 1. DDSP EIR and Project-Level Impacts: a. Bay Area Air Quality Management District (BAAQMD) Thresholds b. Greenhouse Gas Emissions 2. Substantial New Evidence Related to the Following Environmental Impacts: a. Indoor Air Quality b. Biological Resources c. Air Quality (Construction Emissions) d. Health Risk e. Greenhouse Gas Emissions f. Transportation and Circulation 3. Mitigation Measures 1a. DDSP EIR and Project-Level Impacts – BAAQMD Thresholds Appellants’ Issues Raised The appeals assert that the project is inconsistent with the DDSP because the DDSP EIR states that individual projects in the DDSP would be subject to project-level BAAQMD emissions thresholds. Staff’s Response Project-level review is not required for this project under the DDSP EIR and CEQA Guidelines Section 15182. The applications under consideration are a Site Page 6 of 15 Development Review Permit and Minor Use Permit to construct a hotel, which is an allowed use in the Transit-Oriented District of the DDSP. The proposed project does not create a new use, but instead proposes a use that is permitted under the DDSP and that was evaluated and analyzed in the DDSP EIR. The DDSP EIR requires the project to comply with applicable BAAQMD Control Measures, adherence to which would result in a less than significant impact. This project is within the scope of the DDSP EIR and, therefore, additional environmental review is not required. Project-level review is not required; however, to further explain and demonstrate for clarity purposes, that even if a project-level review was undertaken, this project meets the BAAQMD screening criteria developed for determining that the project would not generate criteria air pollutants and/or precursors exceeding BAAQMD’s thresholds of significance. 1b. DDSP EIR and Project-Level Impacts – Greenhouse Gas Appellants’ Issues Raised The appeals assert that the project is inconsistent with the DDSP because the DDSP EIR states that individual projects in the DDSP would be subject to project-by-project analysis of greenhouse gas emissions. Staff’s Response The DDSP EIR identified Impact 3.2-6 that states the “DDSP would generate greenhouse gas emissions but would not conflict with or obstruct the implementation of greenhouse gas reduction measures under AB 32. This is considered a less than significant impact…Future projects within the City, including within the project area, would be reviewed on a project-by-project basis to ensure their compliance with the City’s policies and to determine if any impacts would occur beyond those already identified in this EIR”. The DDSP EIR and subsequent Addendums analyzed the construction of approximately 2.2 million square feet of non-residential development and 2,500 residential dwelling units. The proposed hotel is 78,000 square feet and 145,000 square feet with the podium parking, which is less than seven percent of the total amount of non-residential development allowed in the DDSP and analyzed in the DDSP EIR. The proposed project is an allowed use in the Transit-Oriented District of the DDSP, meets the development standards established in the DDSP and is within the scope of the DDSP EIR. The proposed project complies with the City’s applicable policies, does not result in any impacts beyond those already identified in the EIR and, thus, additional environmental review is not required. 2a. Substantial New Evidence Related to Indoor Air Quality Appellants’ Issues Raised The appeal asserts that there is substantial evidence of new information of substantial importance, which was not known and could not have been known at the time of the DDSP EIR certification, showing that the project will expose future hotel employees to significant impacts related to indoor air quality, and in particular, emissions of formaldehyde. Page 7 of 15 Staff’s Response The appellants have not presented substantial evidence of a significant environmental impact from the presence of formaldehyde in composite wood products used for this specific project. In addition, formaldehyde is subject to extensive regulations to address environmental and human health impacts. The project is subject to these regulations. These regulations would ensure that impacts from the presence of formaldehyde in any wood product used for the project would be less than significant. The use of formaldehyde in composite wood products is regulated by the United States Environmental Protection Agency (EPA) and other agencies through various laws and regulations, including but not limited to, the Toxic Substances Controls Act. The amount of formaldehyde released from building materials is reduced exponentially over time. The appellant not only assumes that all of the formaldehyde in indoor air of a California home is from the building material, but also assumes that the same concentration of formaldehyde will be present year after year over a 45-year period. In fact, indoor air concentrations of formaldehyde are likely due to various sources, and the formaldehyde that originates from the building materials will decrease with time. The information presented in the appellants’ appeals do not amount to new information of substantial importance that was either unknown, or could not have been known, at the time of the DDSP EIR certification and, thus, additional environmental review is not required. 2b. Substantial New Evidence Related to Biological Resources Appellants’ Issues Raised The appeals assert that there is substantial evidence of new information of substantial importance, which was not known and could not have been known at the time of the DDSP EIR certification, showing that the project may have significant impacts related to biological resources, and in particular, a significant impact on birds colliding within the project’s clear glass windows. Staff’s Response Any potential impact due to bird collisions with the proposed hotel building are not required to be analyzed under CEQA standards for supplemental environmental review. Impacts on birds due to collisions with clear glass windows is not new information that could not have been known at the time the DDSP EIR was certified in 2011. Even though analysis of the impact is not required under CEQA, there is no substantial evidence that the project will result in a significant impact. The exterior façade of the proposed project incorporates aluminum panels with low‐reflectivity glass. Bird strikes on buildings most commonly occur when the building’s glass is highly reflective, resulting in a mirror‐like effect where birds perceive a continuation of the sky. The proposed use of transparent, low-reflectivity glass would reduce the occurrence of bird strikes. The information presented in the appellants’ appeals do not amount to new information of substantial importance that was either unknown, or could not have been known, at the time of the DDSP EIR certification and, thus, additional environmental review is not required. Page 8 of 15 2c. Substantial New Evidence Related to Air Quality (Construction Emissions) Appellants’ Issues Raised The appeals assert that there is substantial evidence of new information of substantial importance, which was not known and could not have been known at the time of the DDSP EIR certification, showing that the project is subject to new project-level emission thresholds in the BAAQMD Draft CEQA Air Quality Guidelines. The appellants’ report estimated air pollutant emissions resultant of the proposed project and provided these projections in comparison to BAAQMD significance thresholds for air pollutants. The report provided air pollutant projections are shown to surpass BAAQMD significance thresholds, prompting the appellants to conclude that the proposed project would result in a significant air quality-related impact and, therefore, additional mitigation measures must be identified and incorporated into an updated EIR. Staff’s Response The City is not required to conduct a new quantified assessment of anticipated air pollutant emissions associated with the proposed project under the CEQA standards for supplemental environmental review. The urban development of the site was evaluated under the DDSP EIR. The proposed land use and development of the property is consistent with DDSP and, therefore, there is no substantial change from the DDSP EIR analysis, no additional significant impacts, and no additional or different mitigation measures are required. Emissions from construction equipment are regulated by both the U.S. EPA and the California Air Resources Board (CARB). The emission standards for new engines vary according to the rated horsepower of the engine and model year of the equipment, and are set forth in a series of tiers (1‐4), with each tier becoming progressively cleaner for either nitrogen oxides (NOX) and/or particulate matter (PM) emissions. In addition, CARB’s In‐Use Off‐Road Diesel Vehicle Regulation (Off‐Road rule) generally applies to all self‐propelled off‐road diesel vehicles over 25 horsepower used in California. The Off‐Road rule requires off‐road fleet owners subject to the rule to meet fleet wide emission limits based on the size of their fleet and to reduce their emissions by retiring, replacing, or repowering older engines or installing Verified Diesel Emission Control Strategy, or VDECS. The overall purpose of the Off‐Road rule is to encourage turnover of older, higher‐emitting equipment to cleaner, lower‐emitting equipment in construction fleets. This turnover will help to further reduce emissions of NOX and fine PM within California communities. The appellants suggest additional mitigation measures pertaining to diesel control and construction equipment. Health risk from diesel particulate matter is not new information that could not have been known at the time that the DDSP EIR was certified in 2011. Therefore, analysis of this impact is not required under CEQA supplemental review standards. The health risk of vehicle diesel exhaust was known in 2011. The 1999 BAAQMD CEQA Guidelines (1999 Guidelines) identified diesel engine particulate matter as a toxic air contaminant (TAC) based on CARB findings. The 1999 Guidelines encourage lead agencies to address impacts to sensitive receptors due to exposure of high levels of diesel exhaust from sources such as a high‐volume freeway (1999 BAAQMD CEQA Guidelines, p. 47). Appendix G of the CEQA Guidelines in effect in 2011 also listed exposure of sensitive receptors to substantial levels of TACs as a Page 9 of 15 potentially significant impact. This significance threshold was included and analyzed in the DDSP EIR. Since potential health impacts due to exposure to diesel exhaust were known or could have been known in 2011, this is not new information that requires supplemental environmental review. Furthermore, due to increasingly restrictive emissions controls, technological improvements, and fleet turnover, emissions associated with construction and operations of a project in today’s time frame would be lower than what was analyzed 10 years ago. 2d. Substantial New Evidence Related to Health Risk Appellants’ Issues Raised The appeals assert that there is substantial evidence of new information of substantial importance, which was not known and could not have been known at the time of the DDSP EIR certification, showing the project will have significant health risk impacts related to hazards and hazardous materials. Staff’s Response Planning Commission Resolution No. 20-06 identified all applicable mitigation measures from the DDSP EIR, including Mitigation Measure (MM) 3.4-2 requiring a Phase 1 Environmental Site Assessment. Condition of Approval No. 26 requires the document be prepared and submitted prior to issuance of a building permit. Health risk impacts related to toxic air contaminants (TACs) and diesel particulate matter are addressed in the Staff’s Response to 2c. above. In addition, the DDSP identified Impact 3.2-3 which states the “DDSP would result in the development of mixed-use and commercial uses at the project site, which may generate sources of TACs from stationary sources. The proposed project would not result in increased exposure of sensitive land uses in excess of applicable standards. This is considered a less than significant impact...In addition, all projects must implement any applicable air toxics control measures (ATCM). For example, projects that have the potential to disturb asbestos (from soil or building material) must comply with all the requirements of CARB’s ATCM for Construction, Grading, Quarrying, and Surface Mining Operations. Compliance with applicable regulatory standards is required as part of the permitting process for development and operation of future development within the DDSP, and would ensure a less than significant impact.” This project is within the scope of, and subject to, the DDSP EIR and, therefore, additional environmental review is not required. 2e. Substantial New Evidence Related to Greenhouse Gas Appellants’ Issues Raised The appeals assert that there is substantial evidence of new information of substantial importance, which was not known and could not have been known at the time of the DDSP EIR certification, showing that the project would have significant impacts related to greenhouse gas impacts. Page 10 of 15 Staff’s Response See response to 1b. Furthermore, the information presented in the appeals does not amount to new information of substantial importance that was either unknown, or could not have been known, at the time of the DDSP EIR certification and, thus, additional environmental review is not required. 2f. Substantial New Evidence Related to Transportation and Circulation Appellants’ Issues Raised The appeals assert that there are substantially changed circumstances requiring major revisions to the DDSP EIR due to a substantial increase in the severity of impacts related to transportation and circulation. Staff’s Response The DDSP EIR included a transportation impact analysis that evaluated transportation impacts associated with implementation of land uses identified in the DDSP, identified short-term and long-term roadway and circulation needs, determined potential mitigation measures, and identified any critical transportation issues that should be addressed in the on-going planning process. Mitigation measures were identified in the DDSP EIR, which included supporting Alameda County’s projects and programs that reduce traffic congestion, encourage voluntary Transportation Demand Management Programs, implement the City’s multi-modal plans and policies, collect development fees, and work with the Livermore Amador Valley Transit Authority (LAVTA) as the DDSP area develops. In 2014, under the first DDSP Amendment to allow development of a total of 2,500 residential units and 2.2 million square feet of non-residential development, the City completed a supplementary traffic analysis to analyze how traffic impacts associated with the 2014 DDSP Amendment (with the additional residential units but a lesser amount of non-residential square footage) compared to the development potential of the original DDSP. In assessing whether the 2014 DDSP Amendment created new significant impacts that were not present or that were substantially more severe than the original DDSP, the traffic analysis examined three main measurements: 1. Overall trip generation rates of the 2014 DDSP Amendment; 2. Revised trip assignments to the roadway network; and 3. A traffic queuing analysis for critical movements at the intersections of Amador Plaza Road / Dublin Boulevard and Village Parkway / Dublin Boulevard, both of which were operating at Level of Service E. The traffic analysis concluded that no new or substantially more severe significant impacts would result from the 2014 DDSP Amendment, and no additional mitigation measures were required. Since the adoption of the DDSP in 2011, approximately 49,000 square feet of non- residential development and 748 residential units have been developed with an additional 534 residential units either approved or under construction. The proposed project is within the scope of the development that was analyzed in the DDSP EIR. Page 11 of 15 The appeal also challenges the DDSP EIR traffic analysis given that additional major projects, including some that required General Plan Amendments, have been approved subsequent to approval of the DDSP and certification of the DDSP EIR. Pursuant to the requirements of CEQA, each of those projects underwent its own environmental review and traffic impact analysis. Cumulative traffic impacts associated with projects approved since the DDSP was approved would have taken into account the overall development envisioned in the DDSP, including projects such as the proposed hotel, which would be well within the allowed square footage of commercial development analyzed under the DDSP EIR. There are no substantial changes in circumstances requiring major revisions to the DDSP EIR and, thus, additional environmental review is not required. 3. Mitigation Measures Appellants’ Issues Raised The appeals assert that the project would result in impacts requiring additional mitigation measures that are different from those analyzed in the DDSP EIR and, therefore, additional mitigation measures are required. Staff’s Response The DDSP EIR was prepared as a Program EIR under CEQA Guidelines Section 15168 to be used as the CEQA review for future implementing projects. Section 15168(a) defines a “program EIR” as one prepared on a series of actions that can be characterized as one large project and are related geographically and by other shared characteristics. Section 15168(c) states that subsequent activities in the Program EIR must be examined in the light of the Program EIR to determine whether an additional environmental document must be prepared. If the agency finds that pursuant to CEQA Guidelines Section 15162(c)(2), no new effects could occur or no new mitigation measures would be required, the agency can approve the activity as being within the scope of the project covered by the Program EIR and no new environmental document would be required. The transportation analysis in the DDSP EIR included an analysis of both the Base FAR and Maximum FAR. As stated in the previous responses to issues raised by the appellants, the proposed project is within the scope of the DDSP EIR. No new substantial information has been identified that was not known or could not have been known when the DDSP EIR was certified and, therefore, additional mitigation measures have not been identified and are not required. Staff recommends that the City Council adopt a resolution denying the appeals and affirming the Planning Commission’s decision, with the resolution included as Attachment 6 and the Project Plans (Exhibit A) and Parking Study (Exhibit B) included as Attachments 7 and 8, respectively. Community Benefit Agreement This project is within the Transit-Oriented District of the DDSP. The DDSP establishes a base FAR of 0.50 for non-residential projects within the Transit-Oriented District. The base FAR can be increased to 2.5 if the project proponent enters into a Community Page 12 of 15 Benefit Program Agreement and provides a community benefit. (§3.5, pp. 47-48; § 6.4, p. 120-122.) The focus of the Community Benefit Program Agreement is on the benefit to the DDSP area in exchange for the use of density provided. (§ 6.4, p. 121.) The DDSP lists a number of potential benefits and indicates that the City Council can approve other benefits and the community benefit requirement shall, [s]o far as possible, be uniformly applied proportionate to the density obtained, while acknowledging that some benefits may be particularly valuable to the City. (§ 6.4, p. 122.) The DDSP identified a combined pool of 2,187,540 square feet of commercial development (plus a 150-room hotel) that may be constructed in the DDSP area. Since establishment of the pool, 10,329 square feet of commercial development have been reserved and/or constructed. There are 2,177,211 square feet remaining in this pool. The City Council held an initial study session on July 16, 2019, to review the project and provide feedback on the proposal, including the community benefits for the project. For the proposed project, the Applicant is seeking 52,573 square feet of commercial square footage from the DDSP Pool for the hotel development. In exchange for this allocation of development capacity, the Applicant will contribute community benefits in the form of employment, Transient Occupancy Taxes (TOT), streetscape improvements, and a new Downtown monument sign. As it relates to employment and TOT, the Hotel will supply approximately 50 new full- time jobs to the community and generate new TOT revenue to the City. The hotel development could yield an estimated annual TOT of $450,000 or $2.5 million over five years. This estimate is based on an average occupancy rate of 75 percent and an average daily rate of $158 per hotel room. In terms of improvements, the Applicant is proposing enhanced streetscape for the drive aisle (in between the former Hooter’s building and the Video Only building) into the property from Dublin Boulevard, creating a more welcoming and inviting corridor into the property. The enhancements would include a new uniform landscape plan, slurry, and striping. Additionally, the Applicant is working in good faith with the three property owners to improve the easements in hopes of adopting a streetscape improvement plan for the drive aisle from Regional Street. Lastly, the Applicant has agreed to the design, construction and installation of a new Downtown Dublin monument sign to be located on the corner of San Ramon Road and Dublin Boulevard. This monument sign would add an entryway sign identifying the Downtown from the west side of the City. The estimated cost for the design, construction and installation of the sign is $200,000. The City Council Resolution approving the Community Benefit Agreement is included as Attachment 9 with the Community Benefit Program Agreement included as Attachment 10. Page 13 of 15 ENVIRONMENTAL REVIEW: On February 1, 2011, the City Council approved the DDSP to guide development within the 284-acre Downtown Dublin area and create a vibrant and dynamic mixed-use center (Resolution No. 09-11). Pursuant to the requirements of CEQA, a Final EIR (State Clearinghouse No. 2010022005) was prepared for the DDSP and certified by the City Council on February 1, 2011 (Resolution No. 08-11). On May 6, 2014, the City Council adopted Resolution No. 49-14 adopting an Addendum to the DDSP EIR for changes to the DDSP. The changes included increasing the number of residential units permitted in the DDSP area by 1,200 units and decreasing the amount of commercial square footage permitted by 773,000 square feet, creating minimum density thresholds for the Transit-Oriented and Retails Districts, and restricting residential development on the west side of San Ramon Road in the Retail District. On December 3, 2019, the City Council adopted Resolution No. 126-19 adopting an Addendum to the DDSP EIR for changes to the DDSP. The changes included an amendment to the General Plan and DDSP to allow an increase in the allowable commercial FAR in the Transit-Oriented and Retail Districts to 2.5 and 2.0 respectively, combining the new residential dwelling unit allocation into one pool for all three districts, and amending the parking standards in the Village Parkway and Transit-Oriented Districts. The DDSP EIR and subsequent Addendums analyzed the construction of approximately 2.2 million square feet of non-residential development and 2,500 residential dwelling units included within the DDSP. This is the first project to utilize a portion of the 1.6 million square feet of non-residential development that was allocated to the Transit- Oriented District. Therefore, the proposed project’s 90,700 square feet is within the already contemplated non-residential development activity in the Transit-Oriented District. As provided in Government Code Section 21166 and Section 15162 of the CEQA Guidelines, when an EIR has been prepared for a project (DDSP EIR), no new environmental document shall be prepared for the proposed project, unless the Planning Commission makes one of the following determinations under Section 15162(a): 1. Substantial changes are proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was adopted, shows any of the following: Page 14 of 15 a. The project will have one or more significant effects not discussed in the previous EIR; b. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measures or alternative; or c. Mitigation measures which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure. The City conducted a review to determine if the proposed project met any of the standards requiring the preparation of supplemental environmental review under CEQA. The City concluded that the project is within the scope of development analyzed by the DDSP EIR and subsequent Addendums, and that there is no substantial evidence in the record that any of the conditions triggering supplemental environmental review exist. The circumstances under which the project is to be undertaken have not substantially changed since the DDSP EIR and subsequent Addendums were prepared and will not substantially change with approval of the project. The DDSP EIR adequately described the impacts of the project for the purposes of CEQA, and no mitigation measures or new alternatives are required other than those previously disclosed and analyzed in the DDSP EIR and subsequent Addendums. Approval of the project will not create any site‐specific operations giving rise to environmental effects different from those examined by the DDSP EIR or requiring supplemental environmental review. The proposed project is subject to the DDSP Mitigation Monitoring and Reporting Program. Consequently, pursuant to CEQA Guidelines Section 15182, the project impacts were studied and addressed by the DDSP EIR and its Addendums and no further environmental review is required for this project. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS: In accordance with State law, a Public Hearing Notice was mailed to all property owners and occupants within 300 feet of the proposed project. The Public Hearing Notice was also published in the East Bay Times and posted at several locations throughout the City. To date, the City has received no objections from surrounding property owners regarding the project. A copy of this Staff Report was provided to the Applicant and posted to the City’s website. ATTACHMENTS: 1. Planning Commission Staff Report dated April 28, 2020 (without Attachments) 2. Planning Commission Draft Minutes dated April 28, 2020 3. Planning Commission Resolution No. 20-06 Page 15 of 15 4. Appeal Letter LIUNA 5. Appeal Letter West Dublin Alliance 6. Resolution Denying the Appeals and Affirming Planning Commission's Approval of Site Development Review and Minor Use Permit 7. Exhibit A to the Resolution - Project Plans 8. Exhibit B to the Resolution - Shared Parking Study 9. Resolution Approving a Community Benefit Agreement 10. Exhibit A to the Resolution Approving the Community Benefit Program Agreement Page 1 of 11 STAFF REPORT PLANNING COMMISSION DATE: April 28, 2020 TO: Planning Commission SUBJECT: Cambria Hotel (PLPA-2019-00020, PLPA-2019-00044 and PLOC-2020- 00053) Prepared by:Amy Million, Principal Planner EXECUTIVE SUMMARY: The Applicant, Jerry Hunt of VP-RPG Dublin, LLC., is proposing to construct a 138- room hotel on an existing parking lot located south of the existing Corrie Center office building at 7950 Dublin Boulevard within the Downtown Dublin Specific Plan (DDSP) Transit-Oriented District. The new six-story hotel will consist of four stories of guest rooms and amenities over two stories of podium parking, and related landscaping and site improvements. Requested approvals include a Site Development Review Permit, a Minor Use Permit for shared parking between the proposed hotel and existing office building and a Heritage Tree Removal Permit for the removal of two Coast redwood trees. RECOMMENDATION: Disclose ex-parte contacts, conduct the public hearing, deliberate and adopt a Resolution approving a Site Development Review Permit for the construction of a 138- room hotel, a Minor Use Permit to allow a parking reduction for shared parking and a Heritage Tree Removal Permit at 7950 Dublin Boulevard. DESCRIPTION: Background The 4.5-acre project site is located at 7950 Dublin Boulevard at the intersection of Dublin Boulevard and San Ramon Road within the DDSP Transit-Oriented District as shown in Figure 1 below. The project site, which includes the Corrie Center office building and the former Hooter’s restaurant (closed February 2020), shares street access with Earl Anthony’s Dublin Bowl, a two-story office building on Regional Street and a single-story multi-tenant retail building on Dublin Boulevard. Access to the site is provided from both Dublin Boulevard and Regional Street through the parking field. 5.1 Packet Pg. 9 Page 2 of 11 The proposed project is one piece of the larger development plan the Applicant has undertaken on the subject property. On April 14, 2020, the Community Development Director approved a Site Development Review Permit to remodel the exterior of the Corrie Center office building, modify the landscaping, and upgrade the parking area to meet current accessibility requirements. In conjunction with the Site Development Review Permit, a Heritage Tree Removal Permit was also considered and approved to allow nine redwood trees to be removed throughout the subject property. In December 2019, the Community Development Director approved the Lot Line Adjustment to relocate the existing property line between the existing office building and the former Hooter’s restaurant to the south side of the office building. The Lot Line Adjustment places the proposed hotel on one parcel and the office building and restaurant on another. The total number of parcels has not change. Proposed Project The Applicant, Jerry Hunt of VP-RPG Dublin, LLC., is proposing to construct a 138- room hotel and associated site improvements on the newly created 1.75-acre parcel at 7950 Dublin Boulevard. The six-story building is designed with four floors of hotel over two stories of podium parking. The proposed project includes the following entitlements for consideration by the Planning Commission: x Site Development Review Permit – Site Development Review Permit to allow construction of a 138-room hotel and associated site improvements. x Minor Use Permit – A Minor Use Permit to allow a parking reduction for shared parking between the proposed hotel and existing office building. x Heritage Tree Removal Permit – A Heritage Tree Removal Permit to remove two Coast redwood trees. 5.1 Packet Pg. 10 Page 3 of 11 The draft resolution approving the Site Development Review Permit, Minor Use Permit and Heritage Tree Removal Permit is included in the staff report as Attachment 1. In addition, the project requires City Council approval of a Community Benefit Agreement (CBA) for the allocation of non-residential square footage from the Downtown Dublin Development Pool. The City Council meeting for consideration of the CBA has not yet been scheduled. ANALYSIS: Site Development Review Permit Site Layout The project site is located on the southern end of the parcel between the existing office building and I-580 offramp/Holiday Inn hotel and does not have direct access to a public street. As a result, access to the project site from Dublin Boulevard and Regional Street is provided via several easements through the existing parking field. As shown in Figure 2, the proposed project would replace the existing parking area on the south side of the office building with the hotel and podium parking structure. Access to the hotel would be via existing drive aisles from Dublin Boulevard or through the parking field from Regional Street. The primary entrance to the hotel would orient to the east along the access drive aisle with secondary access from the west. A new pedestrian path along the drive aisle, which is part of the Site Development Review Permit for the office building remodel, would be extended to the front entrance of the hotel. As stated, the proposed hotel would include a two-story parking structure with four floors of hotel above. Four points of vehicular access would be provided to the parking structure; two on the west side and two on the east side. Additional ground-level parking would be provided on the south and west sides of the building. The parking structure is designed to accommodate the parking demand for both the hotel and the adjacent office building. Refer to the Minor Use Permit – Parking Reduction for Shared Parking section below for additional information on the total parking requirements for the project. 5.1 Packet Pg. 11 Page 4 of 11 Architecture The architectural vision for the Transit-Oriented District as outlined in the DDSP is that new buildings “will complement the existing uses with designs that are compatible with adjacent structures and the district as a whole.” In addition, buildings shall use high - quality materials while utilizing creative and unique designs. The project’s architectural design and material palette is consistent with this vision. The hotel’s architecture has a contemporary aesthetic with angular lines and includes complementary high-quality exterior materials and colors. Façade treatments include concrete, composite panels and aluminum windows. The overall form of the six-story building is L-shaped with a two-story circular form located within the inside corner. The circular form functions as the parking structure with amenity space on the roof. The contemporary building form is highlighted with the upper portions of the hotel cantilevering over the ground-floor parking areas. Figure 3. Southwest Elevation Facing I-580 A color and material palette has been provided that illustrates the variety of colors and textures for the buildings on Sheet DR-3.3 of the Project Plans (Attachment 2). A color and material board will be presented at the Planning Commission meeting for review and consideration. The hotel’s architecture is designed to complement proposed modifications to the adjacent office building shown below in Figure 4 for reference. 5.1 Packet Pg. 12 Page 5 of 11 Figure 4. Rendering of Remodeled Office Building West Elevation Facing San Ramon Road Landscaping The landscape palette and layout have been designed to be consistent with the DDSP by utilizing enhanced hardscape and a variety of plant materials. The overall landscape concept is on Sheet L1 of the Project Plans (Attachment 2). The preliminary landscape plan shows the removal of all existing on-site landscaping in the project area and installation of landscaping in the new parking areas and around the building. The preliminary landscape plan includes a conceptual plant pallet with Chinese pistache and maple trees along the property line. Several storm water treatment planters would be located within the parking area and around the building. New landscape areas are proposed with a variety of drought tolerant plants suitable for low maintenance and water conserving efforts. Public Art Compliance The Applicant intends to satisfy the requirements of the City’s Public Art Ordinance on - site. In acknowledgement that the subject building has limited street frontage, the Applicant would work with Parks and Community Services, Heritage and Cultural Arts Commission and City Council to find a suitable location that is visible to the public to meet the intent of the City’s Ordinance. Condition of Approval No. 20 of Attachment 1 reflects this intent. Minor Use Permit – Parking Reduction for Shared Parking The proposed hotel would remove the existing parking lot on the south side of the Corrie Center office building which serves the office use. The proposed parking structure for the hotel is designed to accommodate both the hotel and the office building. In order to allow the proposed hotel with less than the required number of parking spaces on-site, the Applicant is requesting a parking reduction. Dublin Municipal Code (DMC) Section 8.76.050 (Parking Reductions for Shared Parking) states that 5.1 Packet Pg. 13 Page 6 of 11 when shared off-street parking is proposed between two or more adjacent use types, a reduction in off-street parking requirements (from the sum of the parking required by each use type) may be granted with a Minor Use Permit if each of the following standards are met: 1. The Minor Use Permit findings can be made; 2. A sufficient number of spaces are provided to meet the greatest parking demands of the participating use types and to ensure that there will not be a parking deficiency; 3. Satisfactory evidence is provided that the use types, by their natures and operating times, will not conflict with each other; 4. Overflow parking will not adversely affect any adjacent use; 5. Additional documents, covenants, deed restrictions, or other agreements as may be deemed necessary by the Community Development Director are executed to assure that the requirement parking spaces provided are maintained and that uses with similar hours and parking requirements as those uses sharing the parking facilities remain for the life of the documents, covenants, deed restrictions, or other agreements. The Applicant’s consultant (Advanced Mobility Group) co nducted a Parking Study for Mixed-Use Development dated September 30, 2019, that the City’s Transportation and Operations Manager reviewed (Attachment 3). The parking study included three different land use options. The purpose of the different options was to not only address the shared parking between the office and the hotel, but to also evaluate different development options that could be used later without the need for additional study. The Applicant requested this in order to take advantage of the data and analysis that was necessary for the parking study and utilize that data to create certainty in different development options. The parking study evaluated the following options: ¾ Option 1 – Shared parking between the office building and the hotel and also including the former Hooter’s restaurant, thus, utilizing all available parking across the two parcels. ¾ Option 2 – Shared parking between the office building and the hotel only and NOT including the former Hooter's restaurant and associated parking field. The purpose was to confirm if the office building and the hotel provide enough parking to satisfy those two uses without including the former Hooter’s restaurant and associated parking field. ¾ Option 3 – Shared parking between the office building and the hotel and also including a new 8,000-square-foot multi-tenant pad building to replace the former Hooter’s restaurant. Included in all three options were additional commercial uses contemplated to be in the ground floor of the office building. Those uses were 5,000 square feet of retail, 4,000 square feet of restaurant and 5,000 square feet of fitness. 5.1 Packet Pg. 14 Page 7 of 11 The parking study utilized the Institute of Transportation Engineer’s (ITE) parking demand rates. The results of that analysis are provided in Table 1 below. Table 1: Parking Analysis No. of Parking Spaces Required (ITE Parking Demand) No. of Parking Spaces Required (Zoning Ordinance) Shared Parking Peak Demand No. of Parking Spaces Provided Shared Parking Peak Demand (Up to 15% Reduction) Option 1 431 442 334 351 284 Option 2 376 417 291 280 247 Option 3 441 460 340 360 289 As shown in Table 1, the proposed uses and parking spaces provided would meet the parking need for Option 1 and Option 3; but would be short in Option 2 by 11 spaces (when using the ITE rate, 4% short) or 29 spaces (when using the City rate, 10% short) during the peak parking demand for those uses. Given the proximity to transit (Wheels, BART, etc.), the City’s Transportation and Operations Manager has recommended providing an overall parking reduction of up to 15% of shared peak parking demand using the ITE procedures as shown in the parking study. With the 15% reduction, all three land use Options would meet the peak demand. Since the project is taking advantage of the shared parking based on specific uses, if the use change in the future, a new shared parking analysis should be conducted while taking into account the overall reduced parking rate of up to 15% from the shared parking peak demand. Heritage Tree Removal Permit DMC Chapter 5.60 states that any redwood tree having a truck or main stem of 24 inches or more in diameter measured at four feet six inches above grade requires a Heritage Tree Removal Permit (PLOC-2019-00192). In October 2019, the Applicant submitted a Heritage Tree Removal Permit to remove nine Coast redwood trees, which included seven trees along San Ramon Road and two located in the southeast corner of the property. In April 2020, the Community Development Director approved the permit. After consideration and hearing the concerns of the community, the Applicant rescinded the approved Heritage Tree Removal Permit. As part of the proposed hotel, the removal of two Coast redwood heritage trees is necessary to accommodate a future bioretention treatment area required for the development of the project. The two trees, shown as #51 and #52 on the site plan (Attachment 4) measure 29 inches and 38 inches respectively. A Heritage Tree Removal Permit is required to remove these two Coast redwood trees and is, therefore, being considered concurrently with the proposed project. The remaining seven heritage trees along San Ramon Road will remain. The type of planting to be installed in the bioretention areas is show on Sheet L-3 and L-4 of the project plans (Attachment 2). Community Benefit Agreement (Downtown Dublin Development Pool) The DDSP identifies a base and a maximum building density in the form of a floor area ratio (FAR). The base FAR is what is allowed outright and a maximum FAR is what can 5.1 Packet Pg. 15 Page 8 of 11 be constructed based on the use and district. For the Transit-Oriented District the base FAR is .50 and the maximum FAR is 2.5. If a property owner would like to develop a project beyond the base FAR, they may obtain additional square footage up to the maximum FAR by drawing on the Development Pool and in exchange entering into a Community Benefit Agreement (CBA). The DDSP identified a pool of 1,145,050 square feet of non-residential development that may be constructed in the Transit-Oriented District. In the Transit-Oriented District, the developer must provide a benefit to the community for use of the additional square footage. No square footage has been drawn from the pool in the Transit-Oriented District since establishment of the pool. The project is requesting an FAR of 1.12 which necessitates an allocation of up to 51,528 square feet from the Development Pool. On July 16, 2019, City Council held a study session and provided input on the proposed project design and the negotiated deal points of the proposed CBA, which included the following: x Hotel will supply approximately 50 new full-time jobs to the community and generate an estimated annual Transient Occupancy Tax (TOT) of $450,000 or $2.5 million over five years. x Enhanced streetscape/drive aisle improvements between the former Hooter’s restaurant and the Video Only building) into the property off Dublin Boulevard. x The design, construction and installation of a new Downtown Dublin monument sign located on the corner of Dublin Boulevard/San Ramon Road. City Council directed Staff to proceed with processing the project entitlements for consideration by the Planning Commission and prepare a Community Benefit Agreement for the City Council to consider. The Planning Commission will review and render a decision on the Site Development Review Permit, Minor Use Permit and Heritage Tree Removal Permit applications, and the associated CBA will be reviewed and considered by the City Council at later date. Any Site Development Review and Minor Use Permit approved by the Planning Commission will not be effective until a CBA for the project has been approved by the City Council. ENVIRONMENTAL REVIEW: On February 1, 2011, the City Council approved the DDSP to guide development within the 284-acre Downtown Dublin area and create a vibrant and dynamic mixed-use center (Resolution No. 09-11). Pursuant to the requirements of the California Environmental Quality Act (CEQA), a Final Environmental Impact Report (EIR) (State Clearinghouse No. 2010022005) was prepared for the DDSP and certified by the City Council on February 1, 2011 (Resolution No. 08-11). On May 6, 2014, the City Council adopted Resolution No. 49-14 adopting an Addendum to the DDSP Environmental Impact Report (DDSP EIR) for changes to the DDSP. The changes included increasing the number of residential units permitted in the DDSP area 5.1 Packet Pg. 16 Page 9 of 11 by 1,200 units and decreasing the amount of commercial square footage permitted by 773,000 square feet, creating minimum density thresholds for the Transit-Oriented and Retails Districts, and restricting residential development on the west side of San Ramon Road in the Retail District. On December 3, 2019, the City Council adopted Resolution No. 126-19 adopting an Addendum to the DDSP EIR for changes to the DDSP. The changes included an amendment to the General Plan and DDSP to allow an increase in the allowable commercial floor area ratio in the Transit-Oriented and Retail Districts to 2.5 and 2.0 respectively, combining the new residential dwelling unit allocation into one pool for all three districts, and amending the parking standards in the Village Parkway and Transit- Oriented Districts. The DDSP EIR and subsequent Addendums analyzed the construction of approximately 2.2 million square feet of non-residential development and 2,500 residential dwelling units, included within the DDSP. This is the first project to utilize a portion of the 1.6 million square feet of non-residential development that was allocated to the Transit- Oriented District. Therefore, the proposed project’s 51,528 square feet is within the already contemplated non-residential development activity in the Transit-Oriented District. As provided in Government Code Section 21166 and Section 15162 of the CEQA Guidelines, when an EIR has been prepared for a project (DDSP EIR), no new environmental document shall be prepared for the proposed project, unless the Planning Commission makes one of the following determinations under Section 15162(a): 1. Substantial changes are proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was adopted, shows any of the following: a. The project will have one or more significant effects not discussed in the previous EIR; b. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measures or alternative; or 5.1 Packet Pg. 17 Page 10 of 11 c. Mitigation measures which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure. The City conducted a review to determine if the proposed project met any of the standards requiring the preparation of supplemental environmental review under CEQA and concluded that the project is within the scope of development analyzed by the DDSP EIR and subsequent Addendums. The circumstances under which the project is to be undertaken have not substantially changed since the DDSP EIR and subsequent Addendums were prepared and will not substantially change with approval of the project. The DDSP EIR adequately described the impacts of the project for the purposes of CEQA, and no mitigation measures or new alternatives are required other than those previously disclosed and analyzed in the DDSP EIR and subsequent Addendums. Approval of the project will not create any siteǦspecific operations giving rise to environmental effects different from those examined by the DDSP EIR or requiring the preparation of an Initial Study. The proposed project is subject to the DDSP Mitigation Monitoring and Reporting Program. Consequently, pursuant to CEQA Guidelines Section 15182, the project impacts are covered by the DDSP EIR and its Addendums and no further environmental review is required for this project. CONSISTENCY WITH THE GENERAL PLAN AND ZONING ORDINANCE: The General Plan designation is Downtown Dublin-Transit-Oriented District. The proposed uses are permitted within the DDSP Transit-Oriented District. The proposed project would meet the development standards established in the DDSP as shown in Table 2 below. Table 2: Overview of DDSP Development Regulations Development Regulation Standard Proposed Floor Area Ratio 2.5 1.12 Building Height 8 floors / 90 feet 6 floors / 69 feet Setbacks: San Ramon Road Interior 10 feet minimum 5 feet minimum Varies. 72 feet minimum Varies. 10 feet minimum Required Frontage Buildout n/a n/a Parking 165 spaces Based on Minor Use Permit for Shared Parking. See PLPA-2019- 00044 Building Entrance 1 entrance per building facing the street Parcel is landlocked requiring entrance/lobby to front along main driveway 5.1 Packet Pg. 18 Page 11 of 11 Approval of the proposed project would be within the development threshold of the 1.6 million square feet of non-residential development allocated for the Transit-Oriented District. In addition, the proposed building size and configuration would not exceed the allowable building area or create adverse conditions on-site or for surrounding properties but would enhance the existing commercial area consistent with the DDSP. REVIEW BY APPLICABLE DEPARTMENTS AND AGENCIES: The Building Division, Fire Prevention Bureau, Public Works Department, and Dublin San Ramon Services District have reviewed the project and provided Conditions of Approval (Attachment 1) where appropriate to ensure that the project is established in compliance with all local ordinances and regulations. NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with State law, a Public Notice was mailed to all property owners and occupants within 300 feet of the proposed project. The Public Notice was also published in the East Bay Times and posted at several locations throughout the City. To date, the City has received no objections from surrounding property owners regarding the project. A copy of this Staff Report was provided to the Applicant and posted to the City’s website. ATTACHMENTS: 1. Planning Commission Resolution 2. Exhibit A to Attachment 1 Project Plans 3. Exhibit B to Attachment 1 Shared Parking Study 4. HeritageTree Removal Map 5. 2020.04.24 Cambria Hotel - LIUNA Comment Letter 5.1 Packet Pg. 19 PLANNING COMMISSION MINUTES Tuesday, April 28, 2020 Planning Commission April 28, 2020 Regular Meeting Page | 1 A Regular Meeting of the Dublin Planning Commission was held on Tuesday, April 28, 2020. In keeping with the guidelines provided by the State of California and Alameda County in response to the Cornavirus (COVID-19) Outbreak, the meeting was held as an online virtual meeting hosted by Zoom Video Communications. The meeting was called to order at 7:00 PM by Commission Chairperson Thalblum. 1. Call to Order and Pledge of Allegiance Attendee Name Title Status Janine Thalblum Planning Commission Chair Present Dawn Benson Planning Commission Vice Chair Present Amit Kothari Planning Commissioner Present Scott Mittan Planning Commissioner Absent Stephen Wright Planning Commissioner Present Catheryn Grier Alternate Planning Commissioner Present Dawn Plants Alternate Planning Commissioner Absent Commissioner Mittan presence announced at 7:54 PM. 2. Oral Communications 2.1. Public Comment No public comment provided. 3. Consent Calendar 3.1. Approve the Minutes of the February 25, 2020 Planning Commission Meeting RESULT: ADOPTED [UNANIMOUS] MOVED BY: Stephen Wright SECOND: Dawn Benson AYES: Janine Thalblum, Amit Kothari, Catheryn Grier 4. Written Communication - None. 5. Public Hearing 5.1 Cambria Hotel (PLPA-2019-00020, PLPA-2019-00044 and PLOC-2020-00053) Planning Commission April 28, 2020 Regular Meeting Page | 2 Amy Million, Principal Planner, made a presentation and responded to questions posed by the Commission. Obaid Khan, Transportation and Operations Manager, responded to questions posed by the Commission. Commission Chairperson Thalblum announced Commissioner Mittan is present and will be allowed to vote. Commission Chairperson Thalblum opened the public hearing. Jerry Hunt, representing Rubicon Property Group, made a presentation and responded to questions posed by the Commission. Ron Davidson, representing designcell Architecture, responded to questions posed by the Commission. Tom Evans, Dublin Resident, provided public comment. Shirley Lewandowski, Dublin Resident, provided public comment. Paige Fennie, representing the Laborer’s International Union of North America Local Union 304, provided public comment. Michael Urueta, Dublin Resident, provided public comment. Linda Knapp, Dublin Resident, provided public comment. Jeanine Gillengerten, Dublin Resident, provided public comment. Commission Chairperson Thalblum closed the public hearing. Kristie Wheeler, Assistant Community Development Director, informed Commissioners that the City Attorney has identified a code section that requires the Heritage Tree Removal Permit to be acted upon along with the other requested entitlements. Kristie Wheeler, Assistant Community Development Director, offered a condition of approval regarding the preservation of two heritage redwood trees. Amy Million, Principal Planner, read a condition of approval regarding protection of nesting birds that was inadvertently omitted from the draft Resolution. Commission Chairperson Thalblum re-opened the public hearing. Marlene Massetti, Dublin Resident, provided public comment. Planning Commission April 28, 2020 Regular Meeting Page | 3 Commission Chairperson Thalblum closed the public hearing. On a motion by Commissioner Thalblum, seconded by Commissioner Mittan, the Planning Commission took the following action, including the two additional conditions of approval provided by Staff: RESOLUTION NO. 20-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A SITE DEVELOPMENT REVIEW PERMIT FOR THE CONSTRUCTION OF A 138-ROOM HOTEL, A MINOR USE PERMIT TO ALLOW A PARKING REDUCTION FOR SHARED PARKING AND A HERITAGE TREE REMOVAL PERMIT AT 7950 DUBLIN BOULEVARD APN: 941-1500-037-00 PLPA-2019-00020, PLPA-2019-00044 & PLOC-2020-00053 RESULT: ADOPTED [UNANIMOUS] MOVED BY: Janine Thalblum SECOND: Scott Mittan AYES: Stephen Wright, Dawn Benson, Amit Kothari, NOES: 5.2 Dublin Municipal Code Amendments (PLPA-2020-00005) Amy Million, Principal Planner, made a presentation and responded to questions posed by the Commission. Commission Chairperson Thalblum opened and closed the public hearing. On a motion by Commissioner Wright, seconded by Commissioner Kothari, the Planning Commission took the following action: RESOLUTION NO. 20-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL APPROVAL OF AMENDMENTS TO THE DUBLIN MUNICIPAL CODE REPEALING CHAPTER 8.66 AND AMENDING CHAPTERS 5.60, 8.08, 8.12, 8.16, 8.20, 8.40, 8.64, 8.76, 8.102, 8.104, 8.116, AND 8.124 EFFECTIVE CITY-WIDE PLPA-2020-00005 Planning Commission April 28, 2020 Regular Meeting Page | 4 RESULT: ADOPTED [UNANIMOUS] MOVED BY: Stephen Wright SECOND: Amit Kothari AYES: Janine Thalblum, Dawn Benson, Scott Mittan NOES: 5.3 Zoning Ordinance Amendments to Chapter 8.58 (Public Art Program) Shaun Chilkotowsky, Heritage and Cultural Arts Manager, made a presentation and responded to questions posed by the Commission. Commission Chairperson Thalblum opened and closed the public hearing. On a motion by Commissioner Benson, seconded by Commissioner Wright, the Planning Commission took the following action: RESOLUTION NO. 20-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUCIL APPROVAL OF AMENDMENTS TO THE ZONING ORDINANCE CHAPTER 8.58 (PUBLIC ART PROGRAM) RESULT: ADOPTED [UNANIMOUS] MOVED BY: Dawn Benson SECOND: Stephen Wright AYES: Janine Thalblum, Scott Mittan, Amit Kothari, NOES: 6. Unfinished Business - None. 7. New Business 7.1 Five-Year Capital Improvement Program 2020-2025, Finding of General Plan Conformance for Proposed Fiscal Year 2020-21 and Fiscal Year 2021-22 Laurie Sucgang, Assistant Public Works Director/City Engineer, made a presentation and responded to questions posed by the Commission. On a motion by Commissioner Benson, seconded by Commissioner Mittan, the Planning Commission took the following action: RESOLUTION NO. 20-09 A RESOLUTION OF THE PLANNING COMMISSION Planning Commission April 28, 2020 Regular Meeting Page | 5 OF THE CITY OF DUBLIN FINDING CONFORMITY WITH THE ADOPTED GENERAL PLAN FOR THE FISCAL YEAR 2020-21 AND FISCAL YEAR 2021-22 PROJECTS IN THE CITY OF DUBLIN FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM 2020-2025 RESULT: ADOPTED [UNANIMOUS] MOVED BY: Dawn Benson SECOND: Scott Mittan AYES: Janine Thalblum, Amit Kothari, Stephen Wright NOES: 8. Other Business Kristie Wheeler, Assistant Community Development Director, informed the Commission that the next Planning Commission meeting is scheduled for Tuesday, May 12, 2020, but there are no scheduled agenda items. Kristie Wheeler, Assistant Community Development Director, informed the Commission that there is an agenda item scheduled for the Tuesday, May 26, 2020, Planning Commission meeting. That meeting will likely also be a virtual meeting. Commissioner Wright requested public comments submitted after agenda publishing be sent out earlier than Tuesday afternoon. 9. Adjournment The meeting was adjourned by Commission Chairperson Thalblum at 9:50 p.m. Respectfully submitted, Planning Commission Chairperson ATTEST: Kristie Wheeler Assistant Community Development Director RESOLUTION NO. 20-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A SITE DEVELOPMENT REVIEW PERMIT FOR THE CONSTRUCTION OF A 138-ROOM HOTEL, A MINOR USE PERMIT TO ALLOW A PARKING REDUCTION FOR SHARED PARKING AND A HERITAGE TREE REMOVAL PERMIT AT 7950 DUBLIN BOULEVARD APN: 941-1500-037-00 PLPA-2019-00020, PLPA-2019-00044 & PLOC-2020-00053 WHEREAS, the Applicant, Jerry Hunt, Rubicon Property Group, is proposing to construct a 138-room hotel on an existing parking lot located south of the existing Corrie Center office building at 7950 Dublin Boulevard within the Downtown Dublin Specific Pl an Transit-Oriented District. The new six-story hotel will consist of four stories over two stories of podium parking, and related landscape and site improvements (the “project”). The proposal includes a Site Development Review Permit to allow construction of the hotel, a Minor Use Permit to allow a parking reduction for shared parking between the proposed hotel and an existing office building, and a Heritage Tree Removal Permit to remove two Coast redwood trees; and WHEREAS, the project site is located in Downtown Dublin, within the Transit-Oriented District of the Downtown Dublin Specific Plan; and WHEREAS, a hotel is a permitted use in the Transit-Oriented District of the Downtown Dublin Specific Plan; and WHEREAS, the project site is currently occupied by a surface parking lot serving the existing Corrie Center office building; and WHEREAS, a Heritage Tree Removal Permit is required to remove two Coast redwood trees located in a future bioretention treatment area necessary for the development of the project; and WHEREAS, pursuant to the requirements of the Californ ia Environmental Quality Act (CEQA), a Final Environmental Impact Report (State Clearinghouse No. 2010022005) was prepared for the Downtown Dublin Specific Plan and certified by the City Council on February 1, 2011 (Resolution No. 08-11); and WHEREAS, Downtown Dublin Environmental Impact Report (DDSP EIR) and subsequent Addendums analyzed development of approximately 2.2 million square feet of non-residential development and 2,500 residential dwelling units . The project is the first to utilize a portion of the 1.6 million square feet of non-residential development that was allocated to the Transit-Oriented District. Therefore, the project’s 51,528 square feet is within the already contemplated non -residential development activity in the Transit-Oriented District; and WHEREAS, the project was examined to determine if any of the standards contained in CEQA Guidelines Section 15162(a) requiring preparation of supplemental environmental review would be met. The analysis concluded that the project is within the scope of development analyzed by the DDSP EIR and subsequent Addendums; the circumstances under which the project is to be undertaken have not substantially changed since the DDSP EIR and subsequent Addendums were prepared and will not substantially change with the approval of the project; and no new mitigation measures would be required; and WHEREAS, a Staff Report, dated April 28, 2020, and incorporated herein by reference, described and analyzed the proposed project; and WHEREAS, the Planning Commission held a properly noticed pub lic hearing on the project on April 28, 2020, at which time all interested parties had the opportunity to be heard; and WHEREAS, the Planning Commission did hear and use independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission does hereby make the following findings and determinations regarding the Site Development Review Permit: A. The proposal is consistent with the purposes of Chapter 8.104 of the Zoning Ordinance, with the General Plan and the Downtown Dublin Specific Plan and design guidelines because: 1) the project is compatible with the architectural character and scale of development in the immediate area in which the proposed project is to be located; 2) the project is utilizing traditional building forms with contemporary, high-quality materials and finishes in compliance with the design guidelines of the Downtown Dublin Specific Plan; 3) the proposed project supports the more specific vision for the Transit-Oriented District to encourage the development of the area with land uses that support and complement transit uses, particularly the West Dublin BART Station; 4) the project will help to provide additional lodging opportunities to Downtown Dublin; and 5) the project is consistent with the General Plan land use designation of Downtown Dublin Specific Plan – Transit-Oriented District. B. The proposal is consistent with the provisions of Title 8, Zoning Ordinance because: 1) the project contributes to the orderly, attractive, and harmonious site and architectural development that is compatible with the architectural style, intensity of development – either in place or permitted in the future, and context of surrounding and adjacent properties; and 2) the project complies with the development standards of the Downtown Dublin Zoning District, as outlined in the Downtown Dublin Specific Plan. C. The design of the project is appropriate to the City, the vicinity, surrounding properties, and the lot in which the project is proposed because: 1) the project is consistent with the Downtown Dublin Specific Plan in that it provides additional lodging opportunities in close proximity to offices, retail and the West Dublin/Pleasanton BART station; 2) the size and mass of the proposed building is consistent with other commercial development in the immediate vicinity and in compliance with the minimum and maximum development density/intensity permitted; and 3) the redevelopment of the subject property is an important incremental change to advance the vision of the Downtown Dublin Specific Plan to make Downtown Dublin a vibrant and dynamic mixed-use center. D. The subject site is suitable for the type and intensity of the approved development because: 1) the project proposes a hotel, which is an allowed use in the Transit- Oriented District; 2) the project is consistent with the Downtown Dublin Zoning District in which it is located; 3) the project site will be fully served by a network of existing and planned infrastructure of public roadways, access easements, services, and facilities; and 4) the proposed project meets all of the development standards established to regulate development in the Downtown Dublin Specific Plan Transit-Oriented District and are consistent and compatible with other commercial development projects in the immediate vicinity. E. Impacts to existing slopes and topographic features are addressed because the project site is generally flat and the development of the parcel will replace an existing parking field which will not impact any slopes or other topographic features. F. Architectural considerations including the character, scale and quality of the design, site layout, the architectural relationship with the site and other buildings, screening of unsightly uses, lighting, building materials and colors and similar elements result in a project that is harmonious with its surroundings and compatible with other developments in the vicinity because: 1) the project provides a high degree of design and landscaping to provide a unique, urban, contemporary-themed lodging opportunity in the Downtown Dublin Specific Plan; 2) the structures reflect the architectural styles and development standards for othe r higher-density projects within the Downtown Dublin Specific Plan; 3) the architectural style, colors and materials will be consistent and compatible with the contemporary architectural style, colors, and materials being utilized on other projects in the immediate vicinity and more specifically the adjacent Corrie Center office building; 4) the project is utilizing traditional building forms with contemporary, high-quality materials and finishes in compliance with the design guidelines of the Downtown Dublin Specific Plan; and 5) the size and scale of the development will be similar to others buildings in the immediate project vicinity. G. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, and similar elements have been incorporated into the project to ensure visual relief, adequate screening and an attractive environment for the public because: 1) all perimeter landscaping and hardscape are proposed for construction in accordance with the Downtown Dublin Specific Plan; 2) the project perimeter and interior landscaping is consistent with other developments in the vicinity and 3) the project will conform to the requirements of the City’s Water Efficient Landscape Ordinance. H. The site has been adequately designed to ensure the proper circulation for bicyclist, pedestrians, and automobiles because: 1) all infrastructure including streets, sidewalks, and street lighting are proposed for construction in accordance with the project plans and have been reviewed for safety and adequate circulation; and 2) development of this project will include enhancement to the existing driveway from Dublin Boulevard so that all modes of transportation are supported and ensuring the safe use of these facilities. BE IT FURTHER RESOLVED that the that the Planning Commission of the City of Dublin hereby makes the following findings and determinations regarding the Minor Use Permit to allow a parking reduction for shared parking related to a proposed hotel and existing office building, located at 7950 Dublin Boulevard: A. The proposed use and related structures are compatible with other land uses, transportation and service facilities in the vicinity in that: 1) the project is located in the Downtown Dublin Zoning District, which allows for a variety of uses including hotels, offices, restaurants, and retail; 2) the project is a hotel development located within a developed parcel that includes an office building, parking lot and adjacent commercial uses; and 3) the project is accessible from existing driveways on Dublin Boulevard and Regional Street. B. The proposed use meets the parking requirement for the use type in accordance with the requirements of Chapter 8.76 (Off-Street Parking and Loading Regulations), which could include a parking reduction for shared par king in that: 1) a parking study was prepared by Advanced Mobility Group, which shows that there is sufficient parking available during the peak demand for both the office and hotel uses with up to a 15% transit reduction; 2) adequate signage will be placed within the project site to delineate the location of available parking spaces; 3) the project’s proposed use types and transit oriented location indicate the proposed on-site parking supply would adequately serve the expected parking demand; and 4) the Parking Reduction for Shared Parking will facilitate the establishment of a hotel which will provide a service to the community. C. The proposed use, as conditioned, will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare in that: 1) a parking study was prepared by Advanced Mobility Group which shows that there is sufficient parking available to meet the greatest parking demands of all tenants within the pro ject; and 2) due to sufficient on-site parking it is not anticipated that there will be any overflow parking that would adversely affect an adjacent use. D. The proposed use, as conditioned, will not be injurious to property or improvements in the neighborhood in that: 1) proposed hotel will include a parking structure that, in conjunction with the ground-level parking, will be adequate parking to meet the greatest parking demands of all tenants within the project; and 2) the establishment of the commercial uses will be done in accordance with all applicable Building and Fire Codes and local ordinances. E. There are adequate provisions for public access, water sanitation, and public utilities and services to ensure that the proposed use and related struc tures would not be detrimental to the public health, safety and welfare in that: 1) the proposed building is located in a developed commercial area of Downtown Dublin; 2) the project will be served by existing public roadways including Dublin Boulevard an d Regional Street; and 3) the project will be served by existing public utilities and services including water and sanitation. F. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed in that: 1) the project is located in the Downtown Dublin Zoning District, which allows for a variety of uses including hotels, offices, restaurants, and retail; 2) adequate signage will be placed within the project site to delineate the location of shared parking spaces; and 3) the project’s proposed use types and transit oriented location indicate the proposed on-site parking supply would adequately serve the expected parking demand. G. The proposed use will not be contrary to the specific intent claus es, development regulations, or performance standards established for the zoning district in which it is located in that: 1) the proposed hotel will contribute to the vibrate commercial area of Downtown Dublin and provide a service to the residents of the City and its visitors; and 2) as conditioned, the proposed will comply with the development standards and performance standards established for the Downtown Dublin Zoning District. H. The proposed use is consistent with the Dublin General Plan and with any applicable Specific Plans in that: 1) the General Plan and Specific Plan Land Use designation is Downtown Dublin – Transit-Oriented District which includes, but is not limited to, hotels, offices, retail, restaurants, multi-family residential, and the proposed use will not be contrary to these standards. BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin hereby approves the Site Development Review Permit, Minor Use Permit, and Heritage Tree Removal Permit for the proposed project, subject to the conditions: CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval. [PL.] Planning, [B] Building, [PO] Police, [PW] Public Works [P&CS] Parks & Community Services, [ADM] Administration/City Attorney, [FIN] Finance, [F] Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health, [Z7] Zone 7. CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: 1. Approval – Site Development Review Permit. This Site Development Review Permit approval is for the Cambria Hotel (PLPA-2019-00020). This approval shall be as generally depicted and indicated on the project plans prepared by DesignCell dated November 22, 2019, attached as Exhibit A, and other plans, text, and diagrams relating to this Site Development Review Permit, unless modified by the Conditions of Approval contained herein. PL On-going 2. Approval – Minor Use Permit. This Minor Use Permit ("MUP" or "Permit") approval to allow a parking reduction for shared parking (PLPA-2019-00044), located at 7950 Dublin Boulevard (APN 941-1500-037-00). The approval shall be as provided in the Technical Memorandum (“Parking Study”) prepared by Advanced Mobility Group dated September 30, 2019, attached as Exhibit B, and as specified by the following Conditions of Approval for this project. PL On-going 3. Permit Expiration. Construction or use shall commence within one (1) year of the effective date of this Permit or the Site Development Review/MUP shall lapse and become null and void. If there is a dispute as to whether the Permit has expired, the City may hold a noticed public hearing to determine the matter. Such a determination may be PL One Year After Effective Date CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: processed concurrently with revocation proceedings in appropriate circumstances. If a Permit expires, a ne w application must be made and processed according to the requirements of the Zoning Ordinance. 4. Time Extension. The Community Development Director may grant an extension of the approval for a period not to exceed twelve (12) months, upon the Applicant’s written request prior to expiration, and the determination that all Conditions of Approval remain adequate and all app licable findings of approval will continue to be met. The Director of Community Development may grant a maximum of two extensions of approval, and additional extensions may be granted by the original decision maker. PL Prior to permit expiration 5. Compliance. Developer shall comply with the Subdivision Map Act, the City of Dublin Subdivision and Zoning Ordinances, City of Dublin Title 7 Public Works Ordinance, which includes the Grading Ordinance, the City of Dublin Public Works Standards and Policies, the most current requirements of the State Code Title 24 and the Americans with Disabilities Act with reg ard to accessibility, and all building and fire codes and ordinances in effect at the time of building permit issuance. All public improvements constructed by Developer and to be 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 L aw (Labor Code. Sects. 1720 and following). PL, PW On-going 6. Effective Date. This Site Development Review Permit approval becomes effective only after the Community Benefit Agreement associated with the project is app roved by the City Council. PL On-going 7. Revocation of Permit. The Site Development Review Permit/MUP approval shall be revocable for cause in accordance with Section 8.96.020.I of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. PL On-going 8. Requirements and Standard Conditions. The Applicant/ Developer shall comply with applicable City of Dublin Fire Prevention Bureau, Dublin Public Works Department, Dublin Building Department, Dublin Police Services, Alameda County Flood Control District Zone 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Department of Health Services requirements and standard conditions. Prior to issuance of building permits or the installation of any improvements related to this project, the Applicant/Developer shall suppl y written statements from each such agency or department, where applicable, to the Planning Department, indicating that all applicable conditions required have been or will be met. Various Building Permit Issuance 9. Required Permits. The Applicant/Developer shall obtain all permits required by other agencies which may include, but are not limited to Alameda County Environmental PW Building Permit Issuance CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: Health, Alameda County Flood Control and Water Conservation District (Zone 7), California Department of Fish and Wildlife, Army Corps of Engineers, Regional Water Quality Control Board, Caltrans, or other regional/state agencies as required by law, as applicable. Copies of the permits shall be provided to the Public Works Department. 10. Fees. The Applicant/Developer shall pay all applicable fees in effect at the time of building permit issuance, includ ing, but not limited to: Planning fees; Building fees; Dublin San Ramon Services District fees; Public Facilities fees; City of Dublin Fire fees; Noise Mitigation fees; Inclusionary House In-Lieu fees; Alameda County Flood and Water Conservation fees. Various Grading Permit, and Building Permit Issuance 11. Zone 7 Impervious Surface Fees. The Applicant/Developer shall complete a “Zone 7 Impervious Surface Fee Application” and subm it an accompanying exhibit for review by the Public Works Department. Fees generated by this application will be due at issuance of building permit. ADM Building Permit Issuance 12. Indemnification. The Applicant/Developer shall defend, indemnify, and hold harmless the City of Dublin and its agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City to the extent such actions are brought within the time period required by Government Code Section 65009 or other applicable law; provided, however, that the Applicant’s/Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying the Applicant/Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedin gs. ADM On-going 13. Clarification of Conditions. In the event that the parties agree that there needs to be clarification to the Conditions of Approval, the Director of Community Development and the City Engineer have the authority to clarify the intent of these Conditions of Approval to the Developer without going to a public hearing. The Dire ctor of Community Development and the City Engineer also have 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. PL/PW On-going 14. Clean-up. The Applicant/Developer shall be responsible for clean-up and disposal of project related trash to maintain a safe, clean, and litter-free site. PL On-going 15. Modifications. Modifications or changes to this Site Development Review Permit approval may be considered by the Community Development Director in compliance with Chapter 8.104 of the Zoning Ordinance. PL On-going 16. Controlling Activities. The Applicant/Developer shall PL On-going CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: control all activities on the project site so as not to create a nuisance to the existing or surrounding businesses and residences. 17. Accessory Structures/Construction. The use of any accessory structures, such as storage sheds or trailer/container units used for storage or for any other purpose during construction, shall not be allowed on the site at any time unless a Temporary Use Permit is applied for and approved. PL Establishment of the Temporary Use 18. Property Maintenance. The Applicant/Developer and property owner shall be responsible for maintaining the site in a clean and litter free condition during construction and through completion. Per the City of Dublin Non-Residential Property Maintenance Ordinance, DMC Section 5.64.050, the Applicant/ Property Owner shall maintain the building, site and all signage in good condition and shall keep the site clear of trash, debris and graffiti vandalism on a regular and continuous basis. PL On-going PLANNING DIVISION - PROJECT SPECIFIC – SITE DEVELOPMENT REVIEW 19. Equipment Screening. All electrical, fire risers and/or mechanical equipment shall be screened from public view. Any roof-mounted equipment shall be completely screened from view by materials architecturally compatible with the building and to the satisfaction of the Commun ity Development Director. The building permit plans shall show the location of all equipment and screening for review and approval by the Director of Comm unity Development. PL Building Permit Issuance and On-going 20. Public Art. The Applicant/Developer intends to acquire and install public art on the project site in accordance w ith Chapter 8.58 of the Dublin Municipal Code. The value of the public art project is required to equal or exceed 0.5 percent of the building valuation (exclu sive of land) for the entire hotel project. The Building Official will determine the building valuation at the time of Plan Check submittal for the first building permit on -site. An agreement that sets forth the ownership, maintenance responsibilities, and insurance coverage for all public art on -site shall be executed prior to occupancy. All public art installations are subject to approval of the City Council upon recommendation by the Heritage and Cultural Arts Commission. PL Building Permit Issuance and Occupancy 21. Bike Racks. The bike racks shall have two points of connection as required by th e Bicycle and Pedestrian Master Plan. PL, PW Landscape Plan Approval 22. Parking. Parking shall be provided as stated in the approved Minor Use Permit for shared parking (PLPA- 2019-00044) PL Building Permit Issuance and On-going 23. Master Sign Program. A Master Sign Program shall be reviewed and approved for all project-related signage including, but not limited to, wall signs, monument signs, community identification signage, address signage, directional signage, parking signage, speed limit signage, retail tenant signage, and other signage deemed necessary by the City. All signs shown in the Project Plans are for PL Installation of any project- related signage CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: illustrative purposes only and the full details of the sign sizes, materials, and construction shall be shown in the separate sign package. PLANNING DIVISION - PROJECT SPECIFIC – MINOR USE PERMIT 24. Options 1 and 3 as provided in the Parking Study utilize the parking field adjacent to Dublin Boulevard (associated with the former Hooter’s building). At such time that a Site Development Review Permit is approved for development on this portion of the site that modifies the former Hooter's building configuration and/or use, Options 1 and 3 that utilize this parking field shall be reevaluated . PL Ongoing PLANNING DIVISION - PROJECT SPECIFIC – HERITAGE TREE REMOVAL PERMIT 25. Tree removal authorized under this Heritage Tree Removal Permit shall not occur during the bird breeding season of February 1 to August 15. If tree removal must occur during the bird breeding season, the on-site heritage trees shall be surveyed by a qualified biologist to verify the presence or absence of nesting raptors or other birds. Pre -construction surveys shall be conducted within 15 days prior to the start of work and shall be submitted to the City for review and approval. If the surveys show the absence of nesting raptors or other birds, tree removal may proceed. If the survey indicates the potential presence of nesting raptors or other nesting birds, the trees shall not be removed until the young have successfully fledged, such that n esting birds are not present. PL Tree Removal 26. The applicant shall work with staff to find possible solutions that would protect the two heritage redwood trees provided, however, that no changes to the hotel footprint would be required. PL Building Permit or Grading Permit Issuance DOWNTOWN DUBLIN SPECIFIC PLAN MITIGATION MEASURES 27. MM 3.3-1: Project applicants shall consult with a registered geotechnical engineer to prepare a design level geotechnical report that addresses the affects [sic] of seismic ground shaking and includes a quantitative evaluation of liquefaction and liquefaction-induced lateral spreading for future development in the DDSP project area. The design level geotechnical report shall specify foundations and structural elements that are designed to resist forces and potential ground settlement for liquefaction and lateral spreading. This report shall be submitted in conjunction with a Building Permit application. PL Building Permit Issuance 28. MM 3.4-2: Future development or substantial redevelopment within the proje ct area shall prepare a Phase I Environmental Site Assessment to determine whether or not a particular development site contains any hazardous materials as a result of historic contamination within the project area subject to review and approval by the City of Dublin. In the event that the Phase I recommends subsequent testing, the pote ntial health risks shall be evaluated and a work plan prepared to remediate the soil and/or groundwater in accordance with all applicable federal, state, and local regulation s. This assessment shall be submitted to the City in conjunction PL Building Permit Issuance CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: with the Building and Grading/Site work permit and shall be found acceptable by the City prior to ground disturbance. 29. MM 3.5-1a: Prior to issuance of grading permit, the project proponent shall file a Notice of Intent as required by Regional Water Quality Control Board regarding storm water discharges associated with construction activities. Upon completion of construction activities, a Notice of Termination shall be filed. MM 3.5-1b: Prior to issuance of any building or grading permits, a Storm Water Pollution Prevention Plan (SWPPP) shall be prepared by the project contractors and submitted to the Regional Water Quality Control Board for review and comment and to the City of Dublin in conjunction with the Building/Grading/Site work permit and shall be found to be acceptable by the City prior to ground disturbance. The SWPPP shall be prepared to Regional Water Quality Control Board standards and Alameda Countywide Clean Water Program requirements, and shall identify erosion minimization and control provisions, pollution detection provisions, and pollution elimination/ minimization provisions appropriate to the development project and its site for construction and po st-construction activities. The SWPPP shall include best available technology, engineering, and design solutions such as the use of silt screens, hay bales, modern trash screens, energy dissipaters, and/or absorbent devices. Stormwater runoff water quality monitoring procedures shall be clearly detailed in the SWPPP. PL/PW Site Work (Grading) Permit 30. MM 3.7-1a: Project applicants within the project area shall prepare a construction noise management plan that identifies measures to be taken to minimize cons truction noise on surrounding sensitive receptors (e.g. residential uses and schools) and includes specific noise management measures to be included into project plans and specifications subject to review and approval by the City. These measures shall I include, but not be limited to the following: • Construction activities, including the maintenance and warming of equipment, shall be limited to Monday through Friday, and non-City holidays, between the hours of 7:30 AM and 5:30 PM except as otherwise approved by the City Engineer. • All construction equipment shall be equipped with mufflers and sound control devices (e.g., intake silencers and noise shrouds) no less effective than those provided on the original equipment and no equipment shall have an un -muffled exhaust. • The City shall require that the contractor maintain and tune-up all construction equipment to minimize noise emissions. • Stationary equipment shall be placed so as to maintain the greatest possible distance to the sensitive receptors. PL/PW Building Permit Issuance CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: • All equipment servicing shall be performed so as to main tain the greatest possible distance to the sensitive receptors. • The construction contractor shall provide an on-site name and telephone number of a contact person. In the event that construction noise is intrusiv e to an educational process, the constructio n liaison will revise the construction schedule to preserve the learning environment. • Select demolition methods to minimize vibration, where possible (e.g., sawing masonry into sections rather than demolishing it by pavement breakers). MM 3.7-1b: Should the proposed project require off-site import/export of fill material during construction, trucks shall utilize a route that is least disruptive to sensitive receptors, preferably major roadways (Interstate 580, In terstate 680, San Ramon Road, Dublin Boulevard, and Amador Valley Boulevard). Construction trucks should, to the extent practical, avoid the weekday and Saturday a.m. and p.m. peak hours (7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m.). 31. MM 3.7-3: Future development within the DDSP project area that is located adjacent to Highway 580; Amador Plaza (between Dublin Boulevard and Saint Patrick Way); and Dublin Boulevard (between Amador Plaza Road and Village Parkway; between Regional Street and Golden Gate Drive and between San Ramon Road and Regional Stre et) shall prepare a site-specific acoustical analysis subject to review and approval by the City of Dublin. The acoustical analysis prepared for future development shall eval uate resultant noise impacts in comparison to the City’s noise criteria for Land Use Compatibility for Community Noise Environments. Feasible project specific mitigation measures shall be required as part of the project design to reduce noise impacts at future noise sensitive land uses, including but not limited to the following: 1) site design; 2) operational restrictions; 3) barriers; 4) setbacks; and 5) insulation. No development permits or approval of land use applications shall be issued until the acou stical analysis is received and approved by City staff and any project design features are incorporated into the future development project. PL Building Permits Issuance LANDSCAPING 32. Final Landscape and Irrigation Plans. Final landscape plans, irrigation system plans, tree preservation techniques, and guarantees, shall be reviewed an d approved by the Dublin Planning Division prior to the issuance of the building permit. All such submittals shall be reviewed and approved by the City Engineer and the Community Development Director. The Final Landscape Plans shall ensure: a. That plant material is utilized which will be capable of healthy growth within the given range of soil and PL Landscape Plan Approval and Installation CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: climate. b. That proposed landscape screening is of a height and density so that it provides a positive visual impact within three years from the time of planting. c. That unless unusual circumstances prevail, all trees on the site shall be a minimum of 15 gallons in size. All trees that are on the exterior building perimeter shall be 24-inch box minimum, with at least 30 percent at 36- inch box or greater. All shrubs shall be five gallon minimum. d. That a plan for an automatic irrigation system be provided which assures that all plants get adequate water. In unusual circumstances, and if approved by staff, a manual or quick coupler system may be used. e. That concrete curbing is to be used at the edges of all planters and paving surfaces where applicable. f. That all cut and fill slopes conform to the conditions detailed in the Site Development Review Permit packet. g. That a guarantee from the owners or contra ctors shall be required guaranteeing all shrubs and ground cover, all trees, and the irrigation system for one year. h. That a perm anent maintenance agreement on all landscaping will be required from the owner insuring regular irrigation, fertilization and weed abatement, if applicable. 33. Landscaping at Street/Drive Aisle Intersections. Landscaping shall not obstruct the sight dist ance of motorists, pedestrians or bicyclists. Except for trees, landscaping (and/or landscape structures such as walls) at drive aisle intersections shall not be taller than 30 inches above the curb. Landscaping shall be kept at a minimum height and fullness giving patrol officers and the general public surveillance capabilities of the area. PL On-going 34. Plant Clearances. All trees planted shall meet the following clearances: a. Six feet from the face of building walls or roof eaves. b. Seven feet from fire hydrants, storm drains, sanitary sewers and/or gas lines. c. Five feet from top of wing of driveways, mailboxes, water, telephone and/or electrical mains d. Fifteen feet from stop signs, street or curb sign returns. e. Fifteen feet from either side of street lights. PL Landscape Plan Approval and Installation 35. Landscaping. Applicant/Developer shall construct all landscaping within the site and along the project frontage within the site. PL, PW Landscape Plan Approval and Installation 36. Backflow Prevention Devices. The Landscape Plans shall show the location of all backflow prevention devises. The location and screening of the backflow prevention devices shall be reviewed and approved by City staff . PL, PW, F Landscape Plan Approval and Installation 37. Root Barriers and Tree Staking. The Landscape Plans PL, PW Landscape Plan CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: shall provide details showing root barriers and tree staking will be installed which meet current City specifications. Approval and Installation 38. Water Efficient Landscaping Ordinance. The Applicant/Developer shall submit written documentation to the Public Works Department (in the form of a Landscape Documentation Package and other required documents) that the development conforms to the City’s Water Efficient Landscaping Ordinance. PL Landscape Plan Approval and Installation 39. Landscaping at Trash Enclosure. Landscaping shall provide adequate screening of the trash enclosure through the use of shrubs, vines, etc. PL Landscape Plan Approval and Installation 40. The trees within the Project site along San Ramon Road and I-580 off ramp shall be Chinese pistache. PL Landscape Plan Approval and Installation 41. Trees with the Parking Area. The proposed London plane trees shall be replaced with evergreen trees with less root damage potential in narrow parking lot planters. PL Landscape Plan Approval and Installation BUILDING AND SAFETY DIVISION 42. Building Codes and Ordinances. All project construction shall conform to all building codes and ordinances in effect at the time of building permit. B Through Completion 43. Construction Drawings. Construction plans shall be fully dimensioned (including building e levations) accurately drawn (depicting all existing and proposed conditions on site), and prepared and signed by a California licensed Architect or 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. B Building Permit Issuance 44. Building Permits. To apply for building permits, Applicant/Developer shall submit electro nic drawings and specifications, and the number of hard copies - as determined by the Chief Building Official - for plan check. Each set of plans shall have attached an anno tated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans will not be accepted without the 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. B Building Permit Issuance 45. As-Built Drawings. All revisions made to the building plans during the project shall be incorporated into an “As Built” electronic file and submitted prior to the issuance of the final occupancy. B Occupancy 46. Addressing. 1. A site plan shall be provided with the City of Dublin’s address grid overlaid on the plans (1 to 30 scale). All exterior door openings shall be highlighted on plans (front, rear, etc.). Three copies on full size sheets and five copies reduced sheets. 2. Address signage shall be provided as per the Dublin B 1. Release of Addresses 2. Permitting CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: Commercial Security Code. 3. Address shall be required on all doors leading to the exterior of the building. Addresses shall be illuminated and be able to be seen from the street, four inches in height minimum. 4. The architectural plans shall include a proposed room / suite number plan. 3. Occupancy 47. Engineer Observation. The Engineer of Record shall be retained to provide observation services for all components of the lateral and vertical design of the building, including nailing, hold-downs, straps, shear, roof diaphragm and structural frame of building. A written report shall be submitted to the City Inspector prior to scheduling the final frame inspection. B Scheduling Final Frame Inspection 48. Foundation. Geotechnical Engineer for the soils report shall review and approve the foundation design. A letter shall be submitted to the Building Division on the approval. B Permit Issuance 49. CASp Reports. Applicant shall obtain the services of a Certified Access Specialist for the review of the construction drawings and inspections for the building interior and site exterior. A written report shall be submitted to the City prior to approval of the permit application. Additionally, a written report shall be submitted to the City Building Inspector prior to scheduling the final inspection. B Permitting and Occupancy 50. Air Conditioning Units. Air conditioning units and ventilation ducts shall be screened from public view with materials compatible to the main building and shall not be roof mounted. Units shall be permanently installed on concrete pads or other non-movable materials approved by the Chief Building Official and Director of Community Development. B Occupancy of Building 51. Plumbing Fixture Count. The plumbing fixture count (e.g., water closets, lavatories, urinals, drinking fountains) shall meet the minimum requirements for the use as regulated by the CA Plumbing Code, Tables A and 422.1. B Permitting 52. Cool Roofs – CA Energy Code. Flat roof areas shall have their roofing material coated with light colored grave l or painted with light colored or reflective material designed for cool roofs. B Through Completion 53. Solar Zone – CA Energy Code. The location and orientation of the Solar Zone shall be shown on the site plan. This condition of approval will be waived if the project meets the exceptions provided in the CA Energy Code. B Through Completion 54. Accessible Parking. The design, location and number of required accessible parking stalls shall be as required by the CA Building Code. B Through Completion 55. Green Parking. The design and number of clean air/ EV ready stalls shall be as required by the CA Green Building Standards Code. B Through Completion 56. FEMA – Floodplain. The project is currently shown to be in a floodplain. The applicant shall submit eithe r a letter of map amendment, letter of map change or letter of map revision prior to permitting. If the site has not been B Prior to Permitting CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: removed from the floodplain by a letter, then elevation certificates will be required at the correct stages. 57. Temporary Fencing. Temporary construction fencing shall be installed along perimeter of all work under construction B Through Completion 58. Copies of Approved Plans. Applicant shall provide the City with one reduced (1/2 size) copy of the City of Dublin stamped approved plans. B 30 Days After Permit and Each Revision Issuance FIRE DEPARTMENT 59. No fire service lines shall pass beneath buildings. F Approval of Improvement Plans 60. New Fire Sprinkler System and Monitoring Requirements. In accordance with the Dublin Fire Code, fire sprinklers shall be installed in the building. The system shall be in accordance with the NFPA 13, the CA Fire Code and CA Building Code. Plans and specifications showing detailed mechanical design, cut sheets, listing sheets and hydraulic calculations shall be submitted to the Fire Department for approval and permit prior to installation. This may be a deferred submittal. 1. Sprinkler Plans. (Deferred Submittal Item). Submit detailed mechanical drawings of all sprinkler modifications, including cut sheets, listing sheets and calculations to the Fire Department for approval and permit prior to installation. 2. Sprinkler System Components. All sprinkler system components shall remain in compliance with the applicable N.F.P.A. 13 Standard, the CA Fire Code and the CA Building Code. 3. Underground Plans. (Deferred Submittal Item). Submit detailed shop drawings for the fire water supply system, including cut sheets, listing sheets and calculations to the Fire Department for approval and permit prior to installation. All underground and fire water supply system components shall be in compliance with the applicable N.F.P.A. 13, 24, 20, 22 Standards, the CA Fire Code and the CA Building Code. The system shall be hydrostatically tested and inspected prior to being covered. Prior to the system being connected to any fire protection system, a system flush shall be witnessed by the Fire Department. 4. Central Station Monitoring. Automatic fire extinguishing systems installed within buildings shall have all control valves and flow devices electrically supervised and maintained by an approved central alarm station. Zoning and annunciation of central station alarm signals shall be submitted to the Fire Department for approval. 5. Fire Protection Equipment. Fire protection equipment shall be identified with approved signs constructed of durable materials, permanently installed F Building Permit Issuance CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: and readily visible. 61. b Fire Access During Construction. 1. Fire Access. Access roads, turnaround, pullouts, and fire operation areas are fire lanes and shall be maintained clear and free of obstructions, including the parking of vehicles. 2. Entrances. Entrances to job sites shall not be blocked, including after hours, other tha n by approved gates/barriers that provide for emergency access. 3. Site Utilities. Site utilities that would require th e access road to be dug up or made impassible shall be installed prior to construction commencing. 4. Fire Lane. Entrance flare, angle of dep arture, width, turning radii, grades, turnaround, vertical clearances, road surface, bridges/crossings, gates/key-switch, within a 150-foot distance to Fire Lane shall be maintained. 5. Personnel Access. Route width, slope, surface and obstructions must be considered for the approved route to furthermost portion of the exterior wall. 6. All-Weather Access. Fire access is required to be all- weather access. Show on the plans the location of the all-weather access and a description of the construction. Access roads must be designed to support the imposed loads of fire apparatus. F During Construction 62. Fire Alarm Detection System. A fire alarm detection system shall be installed throughout the building so as to provide full property protection, including combustible concealed spaces, as required by NFPA 72. The system shall be installed in accordance with NFPA 72, CA Fire, Building, Electrical, and Mechanical Codes. If the system is intended to serve as an eva cuation system, compliance with the horn/strobe requirements for the entire building must also be met. All automatic fire extinguishing systems shall be interconnected to the fire alarm system so as to activate an alarm if activated and to monitor control valves. Delayed egress locks shall meet requirements of C.F.C. 1. Fire Alarm Plans. (Deferred Submittal Item). Submit detailed drawings of the fire alarm system, including floor plan showing all rooms, device locations, ceiling height and construction, cut sheets, listing sheets and battery and voltage drop calculations to the Fire Department for review and permit prior to the installation. Where employee work areas have audible alarm coverage, circuits shall be initially designed with a minimum 20 percent spare capacity for adding appliances to accommodate hearing impaired employee’s. 2. Central Station Monitored Account. Automatic fire alarm systems shall be monitored by an approved central alarm station. Zoning and annunciation of F Occupancy CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: central station alarm signals shall be approved by the Fire Department. 3. Qualified Personnel. The system shall be installed, inspected, tested, and maintained in accordance with the provisions of NFPA 72. Only qualified and experienced persons shall perform this work. Examples of qualified individuals are those who have been factory trained and certified or are NICET Fire Alarm Certified. 4. Inspection and Testing Documentation. Performance testing of all initiating and notification devices in the presence of the Fire Inspector shall occur prior to final of the system. Upon this inspection, proof that the specific accou nt is UL certified must be provided to the Fire Inspector. 63. Fire Extinguishers. Extinguishers shall be visible and unobstructed. Signage shall be provided to indicate fire extinguisher locations. The number and location of extinguishers shall be shown on the plans. Additional fire extinguishers maybe required by the fire inspector. Fire extinguisher shall meet a minimum classification of 2A 10BC. Extinguishers weighing 40 pounds or less shall be mounted no higher than five feet above the floor measured to the top of the extinguisher. Extinguishers shall be inspected monthly and serviced by a licensed concern annually. F Occupancy 64. Building Key Box. A Fire Department key box shall be installed at the main entrance to the building. Note these locations on the plans. The key box should be installed approximately 5 1/2 feet above grade. The box shall be sized to hold the master key to the facility as well as keys for rooms not accessible by the master key. Specialty keys, such as the fire alarm control box key and elevator control keys shall also be installed in the box. The key box door and necessary keys shall be provided to the Fire Inspector upon the final inspection. The inspector will then lock the keys into the box. F Occupancy 65. Means of Egress. Exit signs shall be visible and illuminated with emergency lighting when building is occupied. F Occupancy 66. Main Entrance Hardware Exception. It is recommended that all doors be provided with exit hardware that allows exiting from the egress side even when the door is in the locked condition. However, an exception fo r A-3, B, F, M, S occupancies and all churches does allow key-locking hardware (no thumb-turns) on the main exit when the main exit consists of a single door or pair of doors . When unlocked the single door or both leaves of a pair of doors must be free to swing without operation of any latching device. A readily visible, durable sign on or just above the door stating “This door to remain unlocked whenever the building is occupied” shall be provided. The sign shall be in F Occupancy CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: letters not less than one-inch high on a contrasting background. The use of this exception may be revoked for cause. 67. Maximum Occupant Load. Posting of room capacity is required for any occupant load of 50 or more persons. Submittal of a seating plan on 8.5” x 11” paper is required prior to final occupancy. F Occupancy 68. Interior Finish. Wall and ceiling interior finish material shall meet the requirements of Chapter 8 of the California Fi re Code. Interior finishes will be field verified upon final inspection. If the product is not field marked and the marking visible for inspection, maintain the products cut - sheets and packaging that show proof of the products flammability and flame-spread ratings. Decorative materials shall be fire retardant. F Occupancy 69. General Inspection. Upon inspection of the work for which this submittal was provided, a general inspection of the business and site will be conducted. F Occupancy 70. Addressing. Addressing shall be illuminated or in an illuminated area. The address characters s hall be contrasting to their background. If address is placed on glass, the numbers shall be on the exterior of the glass and a contrasting background placed behind the n umbers. Building Address. The building shall be provided with all addresses or the assigned address range so as to be clearly visible from either direction of travel on the street the address references. The address characters shall not be less than 5 inches in height by 1-inch stroke. Larger sizes may be necessary depending on the setbacks and visibility. Multi-Tenants. Where a building has multiple tenants, address shall also be provided near the main entrance door of each tenant space. The address shall be high enough on the building to be clearly visible from the driveway, street or parking area it faces even when vehicles are parked in front of the tenant space. The address shall not be less than 5 - inches in height with a ½-inch stroke. F Occupancy 71. Fire Safety During Construction and Demolition. 1. Clearance to combustibles from tem porary heating devices shall be maintained. Devices shall be fixed in place and protected from damage, dislodgement or overturning in accordance with the manufacturer’s instructions. 2. Smoking shall be prohibited except in approved areas. Signs shall be posted “NO SMOKING” in a conspicuous location in each structure or location in which smoking is prohibited. 3. Combustible debris, rubbish and waste material shall be removed from buildings at the end of each shift of work. 4. Flammable and combustible liquid sto rage areas shall be maintained clear of combustible vegetation and waste materials. F On-going DUBLIN SAN RAMON SERVICES DISTRICT 72. d Complete improvement plans shall be submitted to DSRSD DSRSD Issuance of CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: that conform to the requirements of the Dublin San Ramon Services District Code, the DSRSD “Standard Procedures, Specifications and Drawings for Design and Installation of Water and Wastewater Facilities,” all applicable DSRSD Master Plans and all DSRSD policies. Building Permits 73. Planning and review fees, inspection fees, and fees associated with a wastewater discharge permit shall be paid to DSRSD in accordance with the rates and schedules and at time of payment as estab lished in the DSRSD Code. Planning and review fees are due after the 1st submittal of plans. Construction Permit and Inspection Fees are due prior to the issuance of a Construction Permit. Capacity Reserve Fees are due before the water meter can be set or the connection to the sewer system. DSRSD Issuance of Building Permit or Improvement Plans 74. All improvement plans for DSRSD facilities shall be signed by the District Engineer. Each drawing of improvement plans for DSRSD facilities shall contain a signature block for the District Engineer indicating approval of the sanitary sewer and/o r water facilities shown. Prior to approval by the District Engineer, the applicant shall pay all required DSRSD fees, and provide an engineer’s estimate of construction costs for the sewer and water systems, a faithful performance bond, and a comprehensive general liability insurance policy in the amoun ts and forms that are acceptable to DSRSD. The applicant shall allow at least 15 working days for final improvement drawing review by DSRSD before signature by the District Engineer. DSRSD Building Permit Issuance by City; or Building Permit or Construction Permit Issuance by DSRSD 75. All easement dedications for DSRSD facilities shall be by separate instrument irrevocably offe red to DSRSD. DSRSD Formal Acceptance 76. All mains shall be sized to provide sufficient capacity to accommodate future flow demands in addition to each development project’s demand. Layout and sizing of mains shall be in conformance with DSRSD utility master planning. DSRSD Issuance of Improvement Plans 77. The locations and widths of all proposed easement dedications for water and sewer lines shall be submitted to and approved by DSRSD. DSRSD Issuance of Improvement Plans 78. Water and sewer mains shall be located in public streets rather than in off-street locations to the fullest extent possible. If unavoidable, then sewer or water easements must be established over the alignment of each sewer or water main in an off-street or private street location to provide access for future maintenance and/or replacement. DSRSD Issuance of Improvement Plans 79. Domestic and fire protection waterline systems for commercial developments shall be designed to be looped or interconnected to avoid dead end sections in accordance with requirements of the DSRSD Standard Specifications and sound engineering practice. DSRSD Issuance of Improvement Plans 80. Sewers shall be designed to operate by gravity flow to DSRSD’s existing sanitary sewer system. Pumping of sewage is discouraged and may only be allowed under extreme circumstances following a case by case revie w DSRSD Issuance of Improvement Plans CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: with DSRSD staff. Any pumping station will require specific review and approval by DSRSD of preliminary design reports, design criteria, and final plans and specifications . The DSRSD reserves the right to require payment of present worth 20 year mainte nance costs as well as other conditions within a separate agreement with the applicant for any project that requires a pumping station. 81. This project will be analyzed by DSRSD to determine if it represents additional wa ter and/or sewer capacity demands on the District. Applicant will be required to pay all incremental capacity reserve fees for water and sewer services as required by the pro ject demands. All capacity reserve fees must be paid prior to installation of a wa ter meter for water. If a water meter is not required, the capacity reserve fee shall be paid prior to issuance of a building permit. The District may not approve the buildin g permit until capacity reserve fees are paid. DSRSD Issuance of Building Permit 82. No sewer line or waterline construction shall be permitted unless the proper utility construction permit has been issued by DSRSD. A construction permit will only be issued after all of the items in the condition immediately above have been satisfied. DSRSD Issuance of any Construction Permit 83. Above ground backflow prevention devices/double detector check valves shall be installed on fire protection systems connected to the DSRSD water main. The Applicant shall collaborate with the Fire Department and with DSRSD to size and configure its fire system. DSRSD Issuance of Improvement Plans 84. If trash enclosures are required to drain to the sanitary sewer system, grease intercep tors shall be installed within the trash enclosure area. The trash enclosure shall be roofed and graded to minimize rain water or stormwater from entering the trash enclosure. DSRSD Issuance of Improvement Plans 85. District Code requires each parcel to have its own independent service for both water and wastewater. Independent connections to water and wastewater mains are required for each parcel. Laterals shall not cross into adjacent parcels. DSRSD Issuance of Improvement Plans 86. Sewer capacity allocation for parcels shall be determined per comments on the Lot Line Adjustment related to this project area. Please refer to those comments. DSRSD Issuance of Improvement Plans PUBLIC WORKS GENERAL CONDITIONS 87. Conditions of Approval. Applicant/Developer shall comply with the City of Dublin Public Works Standard Conditions of Approval contained below (“Standard Condition”) unless specifically modified by Project Specific Conditions of Approval below. PW On-going PUBLIC WORKS – AGREEMENTS 88. 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 stormwater treatment measures installed as part of the project, including those on-site and within the public Rights PW Acceptance of Improvements CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: of Way. Said Agreement is required p ursuant to Provision C.3 of the Municipal Regiona l Stormwater NPDES Permit, Order No. R2-2009-0074. Said permit requires the City to provide verification and assurance that all treatment devices will be properly operated and maintained. The Agreement shall be recorded against the property and shall run with the land. PUBLIC WORKS – PERMITS AND BONDS 89. Encroachment Permit. Applicant/Developer shall obtain an Encroachment Permit from the Public Works Department for all construction activity within the public right-of-way. At the discretion of the City Engineer an encroachment permit for work specifically included in an Improvement Agreement may not be required. PW Permit Issuance 90. Grading/Sitework Permit. Applicant/Developer shall obtain a grading permit from the Public Works Department for all grading. Applicant/Developer shall obtain a sitework permit from the Public Works Department for all sitework. A separate grading permit is not necessary if grading will be included in the sitework permit submittal. PW Permit Issuance 91. Security. Applicant/Developer shall provide faithful performance security to guarantee the grading improvements, as determined by the City Engineer (Note: The performance security shall remain in effect until one year after final inspection). PW Permit Issuance 92. Permits from Other Agencies. Applicant/Developer shall obtain all permits and/or approvals required by other agencies including, but not limited to: • Army Co rps of Engineers • US Fish and Wildlife • Regional Water Quality Control Board • Federal Emergency Management Agency • California Department of Fish and Wildlife • California Dept. of Transportation (Caltrans) • Bay Area Rapid Transit (BART) • Livermore-Amador Valley Transit Authority (LAVTA) • Tri-Valley-San Joaquin Valley Regional Rail Authority • Dublin San Ramon Services District (DSRSD) • Alameda County Flood Control and Water Conservation District Zone 7 (Zone 7) PW Permit Issuance PUBLIC WORKS – SUBMITTALS 93. Improvement Plan Submittal Requirements. All submittals of plans shall comply with the requirements of the “City of Dublin Public Works Department Improvement Plan Submittal Requirements”, the “City of Dublin Improvement Plan Review Check List,” and current Public Works and industry standards. A complete submittal of improvement plans shall include all civil improvements, joint trench, street lighting and on -site safety lighting, landscape plans, and all associated documents as required. Applicant/Developer shall not piecemeal the submittal by submitting various components separately. PW Grading or Sitework Permit Issuance CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: 94. Improvement Plan Requirements from Other Agencies. Applicant/Developer will be responsible for submittals and reviews to obtain the approvals of all participating non-City agencies, including but not limited to: the Alameda County Fire Department and the Dublin San Ramon Services District. PW Grading or Sitework Permit Issuance 95. Composite Exhibit. Construction plan set shall include a Composite Exhibit showing all site improvements, utilities, landscaping improvements and trees, etc. to be constructed to ensure that there are no conflicts among the proposed and existing improvements. PW Grading or Sitework Permit Issuance 96. Geotechnical Report. Applicant/Developer shall submit a Design Level Geotechnical Report for the property owned by Applicant/Developer, grading and additional information and/or clarifications as determined by the City Engineer. PW Grading or Sitework Permit Issuance 97. Ownership and Maintenance of Improvements. Applicant/Developer shall submit an Ownership and Maintenance Exhibit for review and approval by Planning Division and Public Works Department. Terms of maintenance are subject to review and approval by the City Engineer. PL, PW Grading or Sitework Permit Issuance 98. Building Pads, Slopes and Walls. Applicant/Developer shall provide the Public Works Department with a letter from a registered civil engineer or surveyo r stating that the building pads have been graded to within 0.1 feet of the grades shown on the approved Grading Plans, and that the top & toe of banks and retaining walls are at the locations shown on the approved Grading Plans. PW Acceptance of Improvements 99. Approved Plan Files. Applicant/Developer shall provide the Public Works Department a PDF format file of approved site plans, including grading, improvement, landscaping & irrigation, joint trench and lighting. PW Acceptance of Improvements 100. Master Files. Applicant/Developer shall provide the Public Works Department a digital vectorized file of the “master” files for the project, in a format acceptable to the City Engineer. Digital raster copies are not acceptable. The digital vectorized files shall be in AutoCAD 14 or higher drawing format. All objects and entities in layers sha ll be colored by layer and named in English. All submitted drawings shall use the Global Coordinate System of USA, California, NAD 83 California State Plane, Zone III, and U.S. foot. PW Acceptance of Improvements PUBLIC WORKS - PARCEL MAP, EASEMENTS AND ACCESS RIGHTS 101. Dedications and Easements. All rights-of-way and easement dedications required by these conditions or determined necessary by the City Engineer shall be done by a separate instrument. PW Acceptance of Improvements 102. Emergency Vehicle Access Easements. The Applicant/Developer shall dedicate Emergency Vehicle Access Easements (EVAE) over the clear pavement width of all drive aisles as required by the Alameda County Fire Department and City Engineer. PW Acceptance of Improvements 103. Granting of Easements. Applicant/Developer shall be PW Acceptance of CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: responsible for granting all on-site utility easements between parcels owned by Applicant/Developer. The Applicant/Developer shall prepare all required documentation for the granting of all easements on-site. The easements and/or rights-of-entry shall be in writing and copies furnished to the Public Works Department. Improvements 104. Approval by Others. The Applicant/Developer will be responsible for submittals and reviews to obtain the approvals of all applicable non-City agencies. PW Grading or Sitework Permit Issuance PUBLIC WORKS - GRADING 105. Grading Plan. The Grading Plan shall be in conformance with the recommendation of the Geotechnical Report for the property owned by Applicant/Developer, the approved Site Development Review Permit and the City design standards and ordinances. In case of conflict between the soil engineer’s recommendation and the City ordinance s, the City Engineer shall determine which shall apply. PW Grading or Sitework Permit Issuance 106. Geotechnical Engineer Review and Approval. The Project Geotechnical Engineer shall be retained to review all final grading plans and specifications . The Project Geotechnical Engineer shall approve all grading plans prior to City approval. PW Grading or Sitework Permit Issuance 107. Grading Off-Haul. The disposal site and haul truck route for any off-haul dirt materials shall be subject to the review and approval by the City Engineer prior to the issuance of a grading permit. If the Developer does not own the parcel on which the proposed disposal site is located, the Applicant/Developer shall provide the City with a Letter of Consent signed by the current owner, approving the placement of off-haul material on their parcel. A Grading Plan may be required for the placement of the off-haul material. PW Grading or Sitework Permit Issuance 108. Erosion Control Plan. A detailed Erosion and Sediment Control Plan shall be included with the Grading Plan submittal. The plan shall include detailed design, lo cation, and maintenance criteria of all erosion and sedimentation control measures. PW Grading or Sitework Permit Issuance 109. Demolition Plan. The Applicant/Developer’s Civil Engineer shall prepare a demolition plan for the project, which shall be submitted concurrent with the improvement plan package. The demolition plan shall address the following: • Pavement demolition, including streetlights and landscaped median islands. • Landscaping and irrigation • Fencing to be removed and fencing to remain • Any items to be saved in place and or protected, such as trees, water meters, sewer cleanouts, drainage inlets or backflow prevention devices. PW Grading or Sitework Permit Issuance PUBLIC WORKS - STORM DRAINAGE AND OTHER UTILITIES 110. On-Site Storm Drain System. Storm drainage for the 10- year storm event shall be collected on-site and conveyed through storm drains to the public storm drain system. Show the size and location of existing and proposed storm PW Grading or Sitework Permit Issuance CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: drains and catch basins on the site plan. Show the size and location of public storm drain lines and the points of connection for the on-site storm drain system. 111. Hydrology and Hydraulics. Developer shall submit hydrology and hydraulic calculations for review and approval. Construction plan set shall show grate, invert and hydraulic grade line information at all storm drain structures, slope and design flow at all storm drain pipes. PW Grading or Sitework Permit Issuance 112. Drainage. Runoff from roofs, including the trash enclosure, shall be collected by roof drains and drain to stormwater treatment areas. PW Grading or Sitework Permit Issuance 113. Storm Drain Easements. Private storm drain easements and maintenance roads shall be provided for all private storm drains or ditches that are located on private property. The Applicant/Developer shall be responsible for the acquisition of all storm drain easements from offsite property owners which are req uired for the connection and maintenance of all offsite storm drainage improvements. PW Grading or Sitework Permit Issuance 114. Storm Drain Inlet Markers. All public and private storm drain inlets must be marked with storm drain markers that read: “No dumping, drains to creek,” and a note shall be shown on the improvement plans. The markers may be purchased from the Public Work Department. PW Acceptance of Improvements 115. Fire Hydrants. Fire hydrant locations shall be approved by the Alameda County Fire Department. A raised reflector blue traffic marker shall be installed in the street opposite each hydrant and shown on the signing & striping plan. PW Acceptance of Improvements 116. Dry Utility Locations. All electric, telephone, cable TV, and communications utilities, shall be placed underground in accordance with the City policies and ordinances. All utilities shall be located and provided within public utility easements or public services easements and sized to meet utility company standards. PW Certificate of Occupancy or Acceptance of Improvements 117. Utility Vaults and Boxes. All utility vaults, boxes, and structures, unless specifically approved otherwise by the City Engineer, shall be underground and placed in landscaped areas and screened from public vi ew. Landscape drawings shall be submitted to the City showing the location of all utility vaults, boxes, and structures and adjacent landscape features and plantings. The Joint Trench Plans shall be submitted along with the grading and/or improvement plans. PW Certificate of Occupancy or Acceptance of Improvements PUBLIC WORKS - CONSTRUCTION 118. Erosion Control Implementation. The Erosion and Sediment Control Plan shall be implemented between October 1st and April 30th unless otherwise allowed in writing by the City Engineer. The Applicant/Developer will be responsible for maintaining erosion and sediment control measures for one year following the City’s acceptance of the improvements. PW Start of Construction and On-going 119. Archaeological Finds. If archaeological materials are encountered during construction, construction within 100 feet of these materials shall be halted until a professional Archaeologist certified by the Society of California PW Start of Construction and On-going CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: Archaeology (SCA) or the Society of Professional Archaeology (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation measures. 120. Construction Activities. Construction activities, including the idling, maintenance, and warming up of equipment, shall be limited to Monday through Friday, and non-City holidays, between the hours of 7:30 a.m. and 6:00 p.m. except as otherwise approved by the City Engineer. Extended hours or Saturday work will be considered by the City Engine er on a case-by-case basis. Note that the construction hours of operation within the public right-of-way are more restrictive. PW Start of Construction and On-going 121. Temporary Fencing. Temporary construction fencing shall be installed along the construction work perimeter to separate the construction area from the public. All construction activities shall be confined within the fenced area. Construction materials and/or equipment sha ll not be operated/stored outside of the fenced area or within the public right-of-way unless approved in advance by the City Engineer. PW Start of Construction and On-going 122. Construction Noise Management Plan. Applicant/Developer shall prepare a constru ction noise management plan that identifies measures to minimize construction noise on surrounding developed properties. The plan shall include hours of construction operation, use of mufflers on construction equipment, speed limit for construction traffic, haul routes and identify a noise monitor. Specific noise management measures sh all be provided prior to project construction. PW Start of Construction and On-going as needed 123. Traffic Control Plan. Closing of any existing public right of way pedestrian pathway and/or sidewalk during construction shall be implemented through a City-approved Traffic Control Plan and shall be done with the goal of minimizing the impact on pedestrian circulation. PW Start of Construction and On-going as needed 124. Construction Traffic Interface Plan. Applicant/Developer shall prepare a plan for construction traffic interface with public traffic on any existing public street. Construction traffic and parking may be subject to specific requirements by the City Engineer. PW Start of Construction; Implementation, and On-going as needed 125. Pest Control. Applicant/Developer shall be responsible for controlling any rodent, mosquito, or other pest problem due to construction activities. PW On-going PUBLIC WORKS - EROSION CONTROL AND STORMWATER QUALITY 126. Stormwater Treatment. Consistent with Provision C.3 of the Municipal Regional Stormwater NPDES Permit (MRP) Order No. R2-2015-0049, the Applicant/Developer shall submit documentation including construction drawings demonstrating all stormwater treatment measures and hydromodification requirements as applicable are met. PW Grading or Sitework Permit Issuance 127. NOI and SWPPP. Prior to any clearing or grading, Applicant/Developer shall provide the City evidence that a Notice of Intent (NOI) has been sent to the California State Water Resources Control Board per the re quirements of the NPDES. A copy of the Storm Water Pollution Prevention PW Start of Any Construction Activities CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: Plan (SWPPP) shall be provided to the Public Works Department and be kept at the construction site. 128. SWPPP. The Storm Water Pollution Prevention Plan (SWPPP) shall identify the Best Management Practices (BMPs) appropriate to the project construction activities. The SWPPP shall include the erosion and sediment control measures in accordance with the regulations outlined in the most current version of the Association of Bay Area Governments (ABAG) Erosion and Sediment Control Handbook or State Construction Best Management Practices Handbook. The Applicant/Developer is responsible for ensuring that all contractors implement all storm water pollution prevention measures in the SWPPP. PW SWPPP to be Prepared Prior to Grading Permit Issuance; Implementation Prior to Start of Construction and On-going as needed 129. Stormwater Management Plan. A final Stormwater Management Plan shall be submitted for revie w and approval by the City Engineer. Approval is subject to the Applicant/Developer providing the necessary plans, details, and calculations that demonstrate the plan complies with the standards issued by the San Francisco Bay Regional Water Quality Control Board and Alameda Countywide Clean Water Program. PW Grading, Sitework, or Building Permit Issuance PUBLIC WORKS – ON-SITE IMPROVEMENTS 130. Drive Aisle Width. The parking lot aisles shall be a minimum of 24 feet wide to allow for adequate on-site vehicle circulation for cars, trucks, and emergency vehicles. PW Grading or Sitework Permit Issuance 131. Curb Ramps and Pedestrian Walkways. All curb ramps shall include truncated domes and meet the most current City and ADA design standards applicable to the Project site. All curb ramp locations shall be clearly shown on site plans and shall be subject to the Traffic Engineer's approval. Said work shall not be required on real property owned by the State of California. PW Grading or Sitework Permit Issuance 132. Vehicle Parking. All on-site vehicle parking spaces shall conform to the following: 1. All parking spaces shall be double striped using four- inch white lines set two feet apart in accordance with City Standards and DMC 8.76.070.A.17. 2. Twelve-inch wide concrete step-out curbs shall be constructed at each parking space where one or both sides abut a landscaped area or planter. 3. Where wheel stops are shown, individual six-foot long wheel stops shall be provided within each parking space in accordance with City Standards. 4. A minimum two-foot radius shall be provided at curb returns and curb intersections where applicable. 5. Parking stalls next to walls, fences and obstructions to vehicle door opening shall be an additional four feet in width per DMC 8.76.070.A.16. 6. Landscaped strips adjacent to parking stalls shall be unobstructed in order to allow for a minimum two-foot vehicular overhang at front of vehicles. 7. Any reduction of standard parking spaces to compact PW Grading or Sitework Permit Issuance CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: spaces shall be in accordance with City Standards and DMC 8.76.050 and as approved by Traffic Engineer. Number of on-site parking spaces shall be in accordance with shared parking provisions of the shared parking analysis report prepared by AMG Consultants, dated September 30, 2019, under the Minor Use Permit (MUP 2019-00044). 133. On-site Signing and Striping Plan. A Traffic Signing and Striping Plan showing all proposed signing and striping within on-site parking lots and drive aisles, shall be submitted for review and approval by the City Engineer. PW Grading or Sitework Permit Issuance 134. Photometrics. The Applicant/Developer shall provide a complete photometrics plan for both on-site and frontage roadways. Include the complete data on photometrics, including the High, Average and Minimum values for illuminance and uniformity ratio. PW Grading or Sitework Permit Issuance 135. Project signs. All proposed project monument signs shall be placed on private property. Signs should be located outside of any easement areas unless specifically approved by the City Engineer. Any signage allowed to be located in an easement is subject to removal and replacement at the expense of the Developer/property owner if required by the easement holder. PW Grading or Sitework Permit Issuance PUBLIC WORKS – SPECIAL CONDITIONS – SITE DEVELOPMENT REVIEW 136. Trash Enclosure. The trash enclosure shall meet all of the requirements set forth within the Dublin Municipal Code Section 7.98, including but not limited to providing sewer and water hook-ups. The improvement plans and/or building permit plans shall show additio nal information demonstrating these requirements are met. A pedestrian accessible path of travel shall be provided for employees from the building to the trash enclosure in conformance with current accessibility requirements. PW Grading, Sitework, or Building Permit Issuance 137. Drive Aisle Condition. Applicant/Developer shall evaluate the existing condition of the drive aisle and remove/replace damaged and hazardous pavement within the Project site and access easements. The final pavement condition shall be subject to the City Engineer approval. PW Grading, Sitework, or Building Permit Issuance 138. Pedestrian Walkway. Applicant/Developer shall provide a concrete walkway that connects to the adjacent office building walkway that meets the most current City and ADA design standards and shall be in conformance with the project plans prepared by DesignCell dated November 22, 2019, attached as Exhibit A. This concrete walkway shall directly connect to the public sidewalk on Dublin Boulevard at the project entry driveway. PW Grading, Sitework, or Building Permit Issuance 139. Bicycle Parking. Applicant/Developer shall install all bike lockers and bike racks in accordance with California Green Building Standards Code requirements. Both short-term and long-term needs shall be provided, and locations of the bicycle parking shall be subject to the review and approval of the City Engineer. PW Grading, Sitework, or Building Permit Issuance PUBLIC WORKS – SPECIAL CONDITIONS – MINOR USE PERMIT 140. Access and Circulation. Applicant/Developer shall PW Grading Permit, CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: provide access and circulation improvements including but not limited to driveway design, parking layout, pedestrian and bicycle circulation, drive aisle and removal/replacement or grinding of damaged and hazardous pavement. Sitework Permit, or Building Permit Issuance 141. Shared Parking Study. Applicant/Developer shall adhere to the recommendations and analysis proposed in the Technical Memorandum: Parking Study for Mixed-Used Development in Dublin dated September 30, 20 19 by Advanced Mobility Group as it pertains to the Office Building and Hotel Development. Any subsequent reports or studies shall be subject to review and approval of the C ity Traffic Engineer. PW Ongoing 142. Bicycle Parking. Applicant/Developer shall install the bike lockers and bike racks in accordance with California Green Building Standards Code requirements. Both short term and long-term needs shall be provided, and locations of the bicycle parking shall be subject to the review and approval of the City Engineer. PW Grading Permit, Sitework Permit, or Building Permit Issuance 143. Signing and Striping Plan. Applicant/Developer shall provide a separate signing and stripin g plan on property owned by Applicant/Developer showing the sign locations for the shared parking between the hotel and the office building. Signs shall include guiding users to garage access from both the hotel and office building sites. PW Grading Permit, Sitework Permit, or Building Permit Issuance PASSED AND ADOPTED BY the Planning Commission of the City of Dublin, on this 28th day of April 2020 by the following votes: AYES: Mittan, Benson, Thalblum, Kothari, Wright NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Assistant Community Development Director June 2, 2020 - Agenda Item No. 6.2 Due to the size of this attachment, please use link below to view in full Attachment 4 – Appeal Letter LIUNA May 7, 2020 City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568 VA MAY � 20Z0 Subject: oiect Site Development Review, Planning Applications #PLPA-2019-00020 and Minor Use Permit #PLPA-2019-00044. This letter is submitted on behalf of West Dublin Alliance as a formal filing of an appeal to the City Planning Commission's approval of the Cambria Hotel Site Development Review Planning Application #PLPA-2019-00020 and Minor Use Permit #PLPA-2019-00044. The basis of the appeal is the failure by the Dublin City Planning Department to provide adequate evidence, analysis and/or mitigation measures to address the substantial evidence in the reports submitted as Exhibits A, B, C and D to the City Planning Department. These reports were included in the staff report documents for this project. These reports argue and provide substantial evidence showing that the project could have significant project -specific impacts that were not and could not have been addressed in the EIR for the Downtown Specific Plan. The reports therefore rebut the claim by City Planning that this project qualified for approval without further environmental review per CEQA Guidelines Section 15182. Therefore further environmental review addressing the potentially significant project -specific impacts is required. Exhibit A: Report by Indoor Environmental Engineering dated 3/19/20—Indoor Air Quality Exhibit B: Report by Shawn Smallwood, PhD dated 3/24/20- Biological Impact Assessment Exhibit C: Report by SWAPE dated 3/25/20- Hazards, hazardous materials, air quality, health risk and greenhouse gas emissions. Exhibit D: Report by Smith Engineering & Management dated 3/24/20— Traffic and Circulation A check in the amount of $208.00 is attached to cover the City's required appeal fee. Member of West Dublin Alliance (925) 895-5580 Exhibit A 5.1.e Z E INDOOR ENVIRONMENTAL ENGINEERING 1448 Pine Street, Suite 103 San Francisco, California 94109 Telephone: (415) 567-7700 E-mail: offen-nann@IEE-SF.com htip://www.iec-sfcom Date: March 19, 2020 To: Paige Fennie Lozeau I Drury LLP 1939 Harrison Street, Suite 150 Oakland, California 94612 From: Francis J. Offermann PE CIH Subject: Indoor Air Quality: \Cambria Hotel —Dublin, CA (IEE File Reference: P-4344) Pages: 15 Indoor Air Quality Impacts Indoor air quality (IAQ) directly impacts the comfort and health of building occupants, and the achievement of acceptable IAQ in newly constructed and renovated buildings is a well -recognized design objective. For example, IAQ is addressed by major high- performance building rating systems and building codes (California Building Standards Commission, 2014; USGBC, 2014). Indoor air quality in homes is particularly important because occupants, on average, spend approximately ninety percent of their time indoors with the majority of this time spent at home (EPA, 2011). Some segments of the population that are most susceptible to the effects of poor IAQ, such as the very young and the elderly, occupy their homes almost continuously. Additionally, an increasing number of adults are working from home at least some of the time during the workweek. Indoor air quality also is a serious concern for workers in hotels, offices and other business establishments. The concentrations of many air pollutants often are elevated in homes and other buildings relative to outdoor air because many of the materials and products used indoors contain and release a variety of pollutants to air (Hodgson et at., 2002, Offermann and Hodgson, 2011). With respect to indoor air contaminants for which inhalation is the primary route of exposure, the critical design and construction parameters are the provision of adequate ventilation and the reduction of indoor sources of the contaminants. Indoor Formaldehyde Concentrations Impact. In the California New Home Study (CNHS) of 108 new homes in California (Offermann, 2009), 25 air contaminants were measured, and formaldehyde was identified as the indoor air contaminant with the highest cancer risk as determined by the California Proposition 65 Safe Harbor Levels (OEHHA, 2017a), No Significant Risk Levels (NSRL) for carcinogens. The NSRL is the daily intake level calculated to result in one excess case of cancer in an exposed population of 100,000 (i.e., ten in one million cancer risk) and for formaldehyde is 40 µg/day. The NSRL concentration of formaldehyde that represents a daily dose of 40 µg is 2 µg/m3, assuming a continuous 24-hour exposure, a total daily inhaled air volume of 20 m3, and 100% absorption by the respiratory system. All of the CNHS homes exceeded this NSRL concentration of 2 µg/m3. The median indoor formaldehyde concentration was 36 µg/m3, and ranged from 4.8 to 136 jig /m3, which corresponds to a median exceedance of the 2 µg/m3 NSRL concentration of 18 and a range of 2.3 to 68. Therefore, the cancer risk of a resident living in a California home with the median indoor formaldehyde concentration of 36 µg/m3, is 180 per million as a result of formaldehyde alone. The CEQA significance threshold for airborne cancer risk is 10 per million, as established by the Bay Air Quality Management District (BAAQMD, 2017). Besides being a human carcinogen, formaldehyde is also a potent eye and respiratory irritant. In the CNHS, many homes exceeded the non -cancer reference exposure levels (RELs) prescribed by California Office of Environmental Health Hazard Assessment (OEHHA, 2017b). The percentage of homes exceeding the RELs ranged from 98% for the Chronic REL of 9 µg/m3 to 28% for the Acute REL of 55 µg/m3. The primary source of formaldehyde indoors is composite wood products manufactured with urea -formaldehyde resins, such as plywood, medium density fiberboard, and 2 particleboard. These materials are commonly used in building construction for flooring, cabinetry, baseboards, window shades, interior doors, and window and door trims. In January 2009, the California Air Resources Board (GARB) adopted an airborne toxics control measure (ATOM) to reduce formaldehyde emissions from composite wood products, including hardwood plywood, particleboard, medium density fiberboard, and also furniture and other finished products made with these wood products (California Air Resources Board 2009). While this formaldehyde ATCM has resulted in reduced 0 emissions from composite wood products sold in California, they do not preclude that homes built with composite wood products meeting the CARB ATCM will have indoor E formaldehyde concentrations that are below cancer and non -cancer exposure guidelines. v A follow up study to the California New Home Study (CNHS) was conducted in 2016- 2018 (Chan et. al., 2019), and found that the median indoor formaldehyde in new homes built after 2009 with CARB Phase 2 Formaldehyde ATCM materials had lower indoor formaldehyde concentrations, with a median indoor concentrations of 22.4 µg/m3 (18.2 )pb) as compared to a median of 36 µg/m3 found in the 2007 CNHS. Thus, while new homes built after the 2009 CARB formaldehyde ATCM have a 38% lower median indoor formaldehyde concentration and cancer risk, the median lifetime cancer risk is still 112 per million for homes built with CARB compliant composite wood products, which is more than 11 times the OEHHA 10 in a million cancer risk threshold (OEHHA, 2017a). With respect to this project, the buildings in the Cambria Hotel Project in Dublin, CA consist of a hotel. The employees of the hotel are expected to experience significant indoor exposures (e.g., 40 hours per week, 50 weeks per year). These exposures for employees are anticipated to result in significant cancer risks resulting from exposures to formaldehyde released by the building materials and furnishing commonly found in offices, warehouses, residences and hotels. 3 Packet Pg.121 5.1.e Because the hotel will be constructed with CARB Phase 2 Formaldehyde ATOM materials, and be ventilated with the minimum code required amount of outdoor air, the indoor formaldehyde concentrations are likely similar to those concentrations observed in residences built with CARB Phase 2 Formaldehyde ATCM materials, which is a median of 22.4 µg/m3 (Chan et. al., 2019) Assuming that the hotel employees work 8 hours per day and inhale 20 m3 of an per day, c the formaldehyde dose per work -day at the offices is 149 µg/day. E Assuming that these employees work 5 days per week and 50 weeks per year for 45 years (start at age 20 and retire at age 65) the average 70-year lifetime formaldehyde daily dose J is 65.8 µg/day. c This is 1.64 times the NSRL (OEHHA, 2017a) of 40 µg/day and represents a cancer risk of 16.4 per million, which exceeds the CEQA cancer risk of 10 per million. This impact should be analyzed in an environmental impact report ("BIR"), and the agency should impose all feasible mitigation measures to reduce this impact. Several feasible mitigation measures are discussed below and these and other measures should be analyzed in an EIR. While measurements of the indoor concentrations of formaldehyde in residences built with CARB Phase 2 Formaldehyde ATCM materials (Chan et. al., 2018), indicate that indoor formaldehyde concentrations in buildings built with similar materials (e.g. hotels, residences, offices, warehouses, schools) will pose cancer risks in excess of the CEQA cancer risk of 10 per million, a determination of the cancer risk that is specific to this project and the materials used to construct these buildings can and should be conducted prior to completion of the environmental review. The following describes a method that should be used prior to construction in the environmental review under CEQA, for determining whether the indoor concentrations resulting from the formaldehyde emissions of the specific building materials/furnishings selected for the building exceed cancer and non -cancer guidelines. Such a design analyses can be used to identify those materials/furnishings prior to the completion of the City's CEQA review and project approval, that have formaldehyde emission rates that contribute to indoor concentrations that exceed cancer and non -cancer guidelines, so that alternative lower emitting materials/furnishings may be selected and/or higher minimum outdoor air ventilation rates can be increased to achieve acceptable indoor concentrations and incorporated as mitigation measures for this project. Pre -Construction Building Material/Furnishing Formaldehyde Emissions Assessment. This formaldehyde emissions assessment should be used in the environmental review under CEQA to assess the indoor formaldehyde concentrations from the proposed loading of building materials/furnishings, the area -specific formaldehyde emission rate data for building materials/furnishings, and the design minimum outdoor air ventilation rates. This assessment allows the applicant (and the City) to determine before the conclusion of the environmental review process and the building materials/furnishings are specified, purchased, and installed if the total chemical emissions will exceed cancer and non -cancer guidelines, and if so, allow for changes in the selection of specific material/furuishings and/or the design minimum outdoor air ventilations rates such that cancer and non -cancer guidelines are not exceeded. 1.) Define Indoor Air Quality Zones. Divide the building into separate indoor air quality zones, (IAQ Zones). IAQ Zones are defined as areas of well -mixed air. Thus, each ventilation system with recirculating air is considered a single zone, and each room or group of rooms where air is not recirculated (e.g. 100% outdoor air) is considered a separate zone. For IAQ Zones with the same construction material/furnishings and design minimum outdoor air ventilation rates. (e.g. hotel rooms, apartments, condominiums, etc.) the formaldehyde emission rates need only be assessed for a single IAQ Zone of that type. 2.) Calculate MateriaUFurnishing Loading. For each IAQ Zone, determine the building material and furnishing loadings (e.g., m2 of materiaUm2 floor area, units of furnishingsW floor area) from an inventory of all potential indoor formaldehyde 5 5.1,e sources, including flooring, ceiling tiles, furnishings, finishes, insulation, sealants, adhesives, and any products constructed with composite wood products containing urea - formaldehyde resins (e.g., plywood, medium density fiberboard, particleboard). 3.) Calculate the FormaldehUuv Emission Rate. For each building material, calculate the formaldehyde emission rate (µg/h) from the product of the area -specific formaldehyde emission rate (µg/m2-h) and the area (m2) of material in the IAQ Zone, and from each furnishing (e.g. chairs, desks, etc.) from the unit -specific formaldehyde emission rate o (µg/unit-h) and the number of units in the IAQ Zone. M Los .0 E M NOTE: As a result of the high-performance building rating systems and building codes olftwoo v Los (California Building Standards Commission, 2014; USGBC, 2014), most manufacturers J of building materials furnishings sold in the United States conduct chemical emission rate c as tests using the California Department of Health "Standard Method for the Testing and E E 0 Evaluation of Volatile Organic Chemical Emissions for Indoor Sources Using v a Environmental Chambers", (CDPH, 2017), or other equivalent chemical emission rate testing methods. Most manufacturers of building furnishings sold in the United States conduct chemical emission rate tests using ANSI/BIFMA M7.1 Standard Test Method for Determining VOC Emissions (BIFMA, 2018), or other equivalent chemical emission rate testing methods. CDPH, BIFMA, and other chemical emission rate testing programs, typically certify that a material or furnishing does not create indoor chemical concentrations in excess of the maximum concentrations permitted by their certification. For instance, the CDPH emission rate testing requires that the measured emission rates when input into an office, school, or residential model do not exceed one-half of the OEHHA Chronic Exposure Guidelines (OEHHA, 2017b) for the 35 specific VOCs, including formaldehyde, listed in Table 4-1 of the CDPH test method (CDPH, 2017). These certifications themselves do not provide the actual area -specific formaldehyde emission rate (i.e., µg/m2-h) of the product, but rather provide data that the formaldehyde emission rates do not exceed the maximum rate allowed for the certification. Thus for example, the data for a certification of a specific type of flooring may be used to calculate that the area -specific emission rate of formaldehyde is less than 31 µg/m2-h, but not the actual measured specific emission G 5.1.e rate, which may be 3, 18, or 30 µg/m2-h. These area -specific emission rates determined from the product certifications of CDPH, BIFA, and other certification programs can be used as an initial estimate of the formaldehyde emission rate. If the actual area -specific emission rates of a bung material or furnishing is needed (i.e. the initial emission rates estimates from the product certifications are higher than desired), then that data can be acquired by requesting from the manufacturer the complete chemical emission rate test report. For instance if the complete CDPH emission test report is requested for a CDHP certified product, that report will provide the actual area - specific emission rates for not only the 35 specific VOCs, including formaldehyde, listed in Table 44 of the CDPH test method (CDPH, 2017), but also all of the cancer and reproductive/developmental chemicals listed in the California Proposition 65 Safe Harbor Levels (OEHHA, 2017a), all of the toxic air contaminants (TACs) in the California Air Resources Board Toxic Air Contamination List (CARB, 2011), and the 10 chemicals with the greatest emission rates. Alternatively, a sample of the building material or furnishing can be submitted to a chemical emission rate testing laboratory, such as Berkeley Analytical Laboratory (https://berkeleyanalytical.com), to measure the formaldehyde emission rate. 4.) Calculate the Total Formaldehyde Emission Rate. For each IAQ Zone, calculate the total formaldehyde emission rate (i.e. µg/h) from the individual formaldehyde emission rates from each of the building material/furnishings as determined in Step 3. 5.) Calculate the Indoor Formaldehyde Concentration. For each IAQ Zone, calculate the indoor formaldehyde concentration (µg/m3) from Equation 1 by dividing the total formaldehyde emission rates (i.e. µg/h) as determined in Step 4, by the design minimum outdoor air ventilation rate (m3/h) for the IAQ Zone. Etotal Ctn Qoa (Equation 1) where: C;n =indoor formaldehyde concentration (µg/m3) 7 Packet Pg.125 5.1.e total = total formaldehyde emission rate (µg/h) into the IAQ Zone. Qoa = design minimum outdoor air ventilation rate to the IAQ Zone (m3/h) The above Equation 1 is based upon mass balance theory, and is referenced in Section 3.10.2 "Calculation of Estimated Building Concentrations" of the California Department of Health "Standard Method for the Testing and Evaluation of Volatile Organic Chemical Emissions for Indoor Sources Using Environmental Chambers", (CDPH, 2017). 6.) Calculate the Indoor Exposure Cancer and Non -Cancer Health Risks. For each IAQ Zone, calculate the cancer and non -cancer health risks from the indoor formaldehyde concentrations determined in Step 5 and as described in the OEHHA Air Toxics Hot Spots Program Risk Assessment Guidelines; Guidance Manual for Preparation of Health Risk Assessments (OEHHA, 2015). 7.) Mitigate Indoor Formaldeh dy e Exposures of exceeding the CEOA Cancer and/or Non -Cancer Health Risks. In each IAQ Zone, provide mitigation for any formaldehyde exposure risk as determined in Step 6, that exceeds the CEQA cancer risk of 10 per million or the CEQA non -cancer Hazard Quotient of 1.0. Provide the source and/or ventilation mitigation required in all IAQ Zones to reduce the health risks of the chemical exposures below the CEQA cancer and non -cancer health risks. Source mitigation for formaldehyde may include: 1.) reducing the amount materials and/or furnishings that emit formaldehyde 2.) substituting a different material with a lower area -specific emission rate of formaldehyde Ventilation mitigation for formaldehyde emitted from building materials and/or furnishings may include: 1.) increasing the design minimum outdoor air ventilation rate to the IAQ Zone. NOTE: Mitigating the formaldehyde emissions through use of less material/furnishings, 5.1.e or use of lower emitting materials/furnishings, is the preferred mitigation option, as mitigation with increased outdoor air ventilation increases initial and operating costs associated with the heating/cooling systems. Further, we are not asking that the builder to "speculate" on what and how much composite materials be used, but rather at the design stage to select composite wood materials based on the formaldehyde emission rates that manufacturers routinely conduct using the California Department of Health "Standard Method for the Testing and Evaluation of Volatile; 0 Organic Chemical Emissions for Indoor Sources Using Environmental Chambers", Lo (CDPH, 2017), and use the procedure described earlier (i.e. Pre -Construction Building E M Material/Furnishing Formaldehyde Emissions Assessment) to insure that the materials v selected achieve acceptable cancer risks from material off gassing of formaldehyde. J w Outdoor Air Ventilation Impact. Another important finding of the CNHS, was that the E E outdoor air ventilation rates in the homes were very low. Outdoor air ventilation is a very v Q important factor influencing the indoor concentrations of air contaminants, as it is the J primary removal mechanism of all indoor air generated air contaminants. Lower outdoor air exchange rates cause indoor generated air contaminants to accumulate to higher indoor x° air concentrations. Many homeowners rarely open their windows or doors for ventilation no as a result of their concerns for security/safety, noise, dust, and odor concerns (Price, v 2007). In the CNHS field study, 32% of the homes did not use their windows during the ry �r 0 24-hour Test Day, and 15% of the homes did not use their windows during the entire N preceding week. Most of the homes with no window usage were homes in the winter field N session. Thus, a substantial percentage of homeowners never open their windows, especially in the winter season. The median 24-hour measurement was 0.26 ach, with a co range of 0.09 ach to 5.3 ach. A total of 67% of the homes had outdoor air exchange rates B below the minimum California Building Code (2001) requirement of 0.35 ach. Thus, the relatively tight envelope construction, combined with the fact that many people never open their windows for ventilation, results in homes with low outdoor air exchange rates and higher indoor air contaminant concentrations. 0 The Cambria Hotel Project — Dublin, CA is close to roads with moderate to high traffic (e.g. I-580, Dublin Boulevard, and San Ramon Boulevard, etc.). As a result of the outdoor vehicle traffic noise, the Project site is likely to be a sound impacted site. The noise analyses provided in the Draft Environmental Impact Report (RBF Consultants, 2010), reports in Table 3.7-5, noise levels exceeding 65 dBA CNEL at many locations and ranging to a maximum of 70.1 dBA CNEL As a result of the high outdoor noise levels, the current project will require the need for c mechanical supply of outdoor air ventilation air to allow for a habitable interior L environment with closed windows and doors. Such a ventilation system would allow E M windows and doors to be kept closed at the occupant's discretion to control exterior noise v within building interiors. PMz s Outdoor Concentrations Impact. An additional impact of the nearby motor vehicle traffic associated with this project, are the outdoor concentrations of PM2.5. According to the Draft Environmental Impact Report (RBF Consultants, 2010), this Project is located in the San Francisco Bay Area Air Basin, which is a State and Federal non -attainment area for PM2.s. An air quality analyses should to be conducted to determine the concentrations of PMz,s in the outdoor and indoor air that people inhale each day. This air quality analyses needs to consider the cumulative impacts of the project related emissions, existing and projected future emissions from local PM2.5 sources (e.g. stationary sources, motor vehicles, and airport traffic) upon the outdoor air concentrations at the project site. If the outdoor concentrations are determined to exceed the California and National annual average PM2.5 exceedence concentration of 12 µg/m3, or the National 24-hour average exceedence concentration of 35 µg/m3, then the buildings need to have a mechanical supply of outdoor air that has air filtration with sufficient PM2.5 removal efficiency, such that the indoor concentrations of outdoor PMz.s particles is less than the California and National PM2.5 annual and 24-hour standards. 10 5.1.e It is my experience that based on the projected high traffic noise levels, the annual average concentration of PM2.5 will exceed the California and National PM2.5 annual and 24-hour standards and warrant installation of high efficiency air filters (i.e. MERV 13 or higher) in all mechanically supplied outdoor air ventilation systems. Indoor Air Quality Impact gation Measures The following are recommended mitigation measures to minimize the impacts upon o indoor quality: IT .a E M U MIN indoor formaldehyde concentrations L WIN d outdoor air ventilation - PM2,5 outdoor air concentrations Indoor Formaldehyde Concentrations Miti ag t,_ ion. Use only composite wood materials (e.g. hardwood plywood, medium density fiberboard, particleboard) for all interior finish systems that are made with CARB approved no -added formaldehyde (NAF) resins or ultra -low emitting formaldehyde (ULEF) resins (CARB, 2009). Other projects such as the AC by Marriott Hotel — West San Jose Project (Asset Gas SC Inc.) and 2525 North Main Street, Santa Ana (AC 2525 Main LLC, 2019) have entered into settlement agreements stipulating the use of composite wood materials only containing NAF or ULEF resins. Alternatively, conduct the previously described Pre -Construction Building Material/Fumishing Chemical Emissions Assessment, to determine that the combination of formaldehyde emissions from building materials and furnishings do not create indoor formaldehyde concentrations that exceed the CEQA cancer and non -cancer health risks. It is important to note that we are not asking that the builder to "speculate" on what and how much composite materials be used, but rather at the design stage to select composite wood materials based on the formaldehyde emission rates that manufacturers routinely conduct using the California Department of Health "Standard Method for the Testing and Evaluation of Volatile Organic Chemical Emissions for Indoor Sources Using 11 Packet Pg.12 5.1.e Environmental Chambers (CDPH, 2017), and use the procedure described earlier (i.e. Pre -Construction Building Material/Furnishing Formaldehyde Emissions Assessment) to insure that the materials selected achieve acceptable cancer risks from material off gassing of formaldehyde. Outdoor Air Ventilation Miti ag tion. Provide each habitable room with a continuous mechanical supply of outdoor air that meets or exceeds the California 2016 Building Energy Efficiency Standards (California Energy Commission, 2015) requirements of the greater of 15 cfin/occupant or 0.15 cfin/ft2 of floor area. Following installation of the system conduct testing and balancing to insure that required amount of outdoor air is entering each habitable room and provide a written report documenting the outdoor airflow rates. Do not use exhaust only mechanical outdoor air systems, use only balanced outdoor air supply and exhaust systems or outdoor air supply only systems. Provide a manual for the occupants or maintenance personnel, that describes the purpose of the mechanical outdoor air system and the operation and maintenance requirements of the system. PM2s Outdoor Air Concentration Miti ag tion. Install air filtration with sufficient PM2.5 removal efficiency (e.g. MERV 13 or higher) to filter the outdoor air entering the mechanical outdoor air supply systems, such that the indoor concentrations of outdoor PM2.5 particles are less than the California and National PM2.5 annual and 24-hour standards. Install the air filters in the system such that they are accessible for replacement by the occupants or maintenance personnel. Include in the mechanical outdoor air ventilation system manual instructions on how to replace the air filters and the estimated frequency of replacement. References AC 2525 Main LLC. 2019. Environmental Settlement Agreement with Laborers' International Union of North America Local 652. 12 5.1.e Asset Gas SC. Inc. 2019. Settlement Agreement and Release with Jose Mexican, Alejandro Martinez, and Laborers' International Union of North America Local 652. Bay Area Air Quality Management District (BAAQMD)4 2017. California Environmental Quality Act Air Quality Guidelines. Bay Area Air Quality Management District, San Francisco, CA. htW://www.baagmd.gov/~/media/files/planning_ and- research/ceda/ceda guidelines may2017-pdf.pdf?la=en m 0 BIFA. 2018. BIFMA Product Safety and Performance Standards and Guidelines. L www.bifina.org/page/standardsoverview M tU California Air Resources Board. 2009. Airborne Toxic Control Measure to Reduce Formaldehyde Emissions from Composite Wood Products. California Environmental Protection Agency, Sacramento, CA. https://www.arb.ca. og v/regact/2007/compwoodO7/fro-final.pdf California Air Resources Board. 2011. Toxic Air Contaminant Identification List. California Environmental Protection Agency, Sacramento, CA. htlps://www.arb.ca.gov/toxics/id/taclist.htm California Building Code. 2001. California Code of Regulations, Title 24, Part 2 Volume c 1, Appendix Chapter 12, Interior Environment, Division 1, Ventilation, Section 1207: o N 2001 California Building Code, California Building Standards Commission. Sacramento, Ln w CA. a E M California Building Standards Commission (2014). 2013 California Green Building a Standards Code. California Code of Regulations, Title 24, Part 11. California Building Standards Commission, Sacramento, CA http://www.bsaca.gov/Home/CALGreen.aspx. California Energy Commission, PIER Program. CEC-500-2007-033. Final Report, ARB Contract 03-326. Available at: www.arb.ca.gov/research/apr/past/03-326.pdf. 13 Packet Pg.131 5.1.e California Energy Commission, 2015, 2016 Building Energy Efficiency Standards for Residential and Nonresidential Buildings, California Code of Regulations, Title 24, Part 6. http://www.energy.ca. gov/2015publications/CEC-400-2015-037/CEC-400-2015-037- CMF.pdf CDPH.2017.5tandardMethodfortheTesti166andEvaluationof Volatile0r6anicChemicalEmissions forindoor Sources Using Environmental Chambers, Version 1.1. California Department of Public Health, Richmond, CA. https://www.cdph.ca.gov/Programs/CCDPHP/ DEODC/EHLB/IAQ/Pages/VOC. aspx. Chan, W., Kim, Y., Singer, B., and Walker I. 2019. Ventilation and Indoor Air Quality in New California Homes with Gas Appliances and Mechanical Ventilation. Lawrence Berkeley National Laboratory, Energy Technologies Area, LBNL-2001200, DOI: 10.20357B7QC7X. EPA. 2011. Exposure Factors Handbook: 2011 Edition, Chapter 16 —Activity Factors. Report EPA/600/R-09/05217, September 2011. U.S. Environmental Protection Agency, Washington, D.C. Hodgson, A. T., D. Beal, J.E.R. McIlvaine. 2002. Sources of formaldehyde, other aldehydes and terpenes in a new manufactured house. Indoor Air 12: 235-242. OEHHA (Office of Environmental Health Hazard Assessment). 2015. Air Toxics Hot Spots Program Risk Assessment Guidelines, Guidance Manual for Preparation of Health Risk Assessments. OEHHA (Office of Environmental Health Hazard Assessment). 2017a. Proposition 65 Safe Harbor Levels. No Significant Risk Levels for Carcinogens and Maximum Allowable Dose Levels for Chemicals Causing Reproductive Toxicity. http://www. oehha.ca. 5ov/pro1465/pdf/safeharbor081513.9df 14 Available at: Packet Pg.132 5.1.e OEHHA -Office of Environmental Health Hazard Assessment, 2017b. All OEHHA Acute, 8-hour and Chronic Reference Exposure Levels. Available at. ittp:Hoehha.ca.gov/air/allrels.html Offermann, F. J. 2009. Ventilation and Indoor Air Quality in New Homes. California Air Resources Board and California Energy Commission, PIER Energy -Related Environmental Research Program. Collaborative Report. CEG500-2009-085. ittr)s://www.arb.ca.izov/research/aDr/-Dast/04-310.Ddf Offermann, F. J. and A. T. Hodgson. 2011. Emission Rates of Volatile Organic Compounds in New Homes. Proceedings Indoor Air 2011 (121h International Conference on Indoor Air Quality and Climate 2011), June 540, 2011, Austin, TX USA, Price, Phillip P., Max Sherman, Robert H. Lee, and Thomas Piazza. 2007. Study of Ventilation Practices and Household Characteristics in New California Homes. RBF Consultants. 2010. Downtown Dublin Specific Plan, Draft Environmental Impact Report, USGBC. 2014. LEED BD+C Homes v4. U.S. Green Building Council, Washington, D.C. http://www.us bg c.org/credits/homes/v4 15 Francis (Bud) J. Offermann III m. CIH Indoor Environmental Engineering 1448 Pine Street, Suite 103, San Francisco, CA 94109 Phone: 415-567-7700 Email: Offermann@iee-s£com http://www.iee-s£com Education M.S. Mechanical Engineering (1985) Stanford University, Stanford, CA. a; 0 Graduate Studies in Air Pollution Monitoring and Control (1980) 0 L University of California, Berkeley, CA. -0 E 0 U B.S. in Mechanical Engineering (1976) Rensselaer Polytechnic Institute, Troy, N.Y. J Professional Experience E President: Indoor Environmental Engineering, San Francisco, CA. December, 1981 - 0 present, a z D Direct team of environmental scientists, chemists, and mechanical engineers in conducting State and Federal research regarding indoor air quality instrumentation development, building air quality field studies, ventilation and air cleaning performance 0 x measurements, and chemical emission rate testing. L Provide design side input to architects regarding selection of building materials and v ventilation system components to ensure a high quality indoor environment. N Direct Indoor Air Quality Consulting Team for the winning design proposal for the new INState of Washington Ecology Department building. N �i Develop a full-scale ventilation test facility for measuring the performance of air diffusers; ASHRAE 129, Air Change Effectiveness, and ASHRAE 113, Air Diffusion E Performance Index. �a Develop a chemical emission rate testing laboratory for measuring the chemical d emissions from building materials, furnishings, and equipment. Principle Investigator of the California New Homes Study (2005-2007). Measured ventilation and indoor air quality in 108 new single family detached homes in northern and southern California. Develop and teach IAQ professional development workshops to building owners, managers, hygienists, and engineers. 5.1.e Air Pollution En ig'neen Earth Metrics Inc., Burlingame, CA, October, I WO to March, 1987. Responsible for development of an air pollution laboratory including installation a forced choice olfactometer, tracer gas electron capture chromatograph, and associated calibration facilities. Field team leader for studies of fugitive odor emissions from sewage treatment plants, entrainment of fume hood exhausts into computer chip fabrication rooms, and indoor air quality investigations. Staff Scientist: Building Ventilation and Indoor Air Quality Program, Energy and Environment Division, Lawrence Berkeley Laboratory, Berkeley, CA. January, 1980 to August, 1984. Deputy project leader for the Control Techniques group; responsible for laboratory and field studies aimed at evaluating the performance of indoor air pollutant control strategies (i.e. ventilation, filtration, precipitation, absorption, adsorption, and source control). Coordinated field and laboratory studies of air-to-air heat exchangers including evaluation of thermal performance, ventilation efficiency, cross -stream contaminant transfer, and the effects of freezing/defrosting, Developed an in situ test protocol for evaluating the performance of air cleaning systems and introduced the concept of effective cleaning rate (ECR) also known as the Clean Air Delivery Rate (CADR). Coordinated laboratory studies of portable and ducted air cleaning systems and their effect on indoor concentrations of respirable particles and radon progeny. Co -designed an automated instrument system for measuring residential ventilation rates and radon concentrations. Designed hardware and software for amulti-channel automated data acquisition system used to evaluate the performance of air-to-air heat transfer equipment. Assistant Chief Engineer: Alta Bates Hospital, Berkeley, CA, October, 1979 to January, 1980. Responsible for energy management projects involving installation of power factor correction capacitors on large inductive electrical devices and installation of steam meters on physical plant steam lines. Member of Local 39, International Union of Operating Engineers. Manufacturing Engineer: American Precision Industries, Buffalo, NY, October, 1977 to October, 1979. 2 Responsible for reorganizing the manufacturing procedures regarding production of shell and tube heat exchangers. Designed customized automatic assembly, welding, and testing equipment. Designed a large paint spray booth. Prepared economic studies justifying new equipment purchases. Safety Director. Project Engineer: Arcata Graphics, Buffalo, N.Y. June, 1976 to October, 1977. Responsible for the design and installation of a bulk ink storage and distribution system and high speed automatic counting and marking equipment. Also coordinated material handling studies which led to the purchase and installation of new equipment. PROFESSIONAL ORGANIZATION MEMBERSHIP American Society of Heating, Refrigeration and Air Conditioning Engineers (ASHRAE) • Chairman of SPC-145P, Standards Project Committee -Test Method for Assessing the Performance of Gas Phase Air Cleaning Equipment (1991-1992) • Member SPC429P, Standards Project Committee - Test Method for Ventilation Effectiveness (1986-97) - Member of Drafting Committee • Member Environmental Health Committee (19924994, 1997-2001, 2007-2010) - Chairman of EhC Research Subcommittee - Member of Man Made Mineral Fiber Position Paper Subcommittee - Member of the IAQ Position Paper Committee - Member of the Legionella Position Paper Committee - Member of the Limiting Indoor Mold and Dampness in Buildings Position Paper Committee • Member SSPC-62, Standing Standards Project Committee - Ventilation for Acceptable Indoor Air Quality (1992 to 2000) - Chairman of Source Control and Air Cleaning Subcommittee • Chairman of TC4.10, Indoor Environmental Modeling (1988-92) - Member of Research Subcommittee • Chairman of TC-2.3, Gaseous Air Contaminants and Control Equipment (1989-92) - Member of Research Subcommittee American Society for Testing and Materials (ASTM) • D-22 Sampling and Analysis of Atmospheres - Member of Indoor Air Quality Subcommittee • E-06 Performance of Building Constructions American Board of Industrial Hygiene (ABIH) American Conference of Governmental Industrial Hygienists (ACGIH) • Bioaerosols Committee (2007-2013) 3 American Industrial Hygiene Association (AIHA) Cal -OSHA Indoor Air Quality Advisory Committee International Society of Indoor Air Quality and Climate (ISIAQ) • Co -Chairman of Task Force on HVAC Hygiene U. S. Green Building Council (USGBC) - Member of the IEQ Technical Advisory Group (2007-2009) - Member of the IAQ Performance Testing Work Group (2010-2012) d 0 Western Construction Consultants (WESTCON) _ 0 .0 E M PROFESSIONAL CREDENTIALS v Licensed Professional Engineer -Mechanical Engineering Certified Industrial Hygienist -American Board of Industrial Hygienists SCIENTIFIC MEETINGS AND SYMPOSIA Biological Contamination, Diagnosis, and Mitigation, Indoor Air'90, Toronto, Canada, August, 1990. Models for Predicting Air Quality, Indoor Air'90, Toronto, Canada, August, 1990. Microbes in Building Materials and Systems, Indoor Air '93, Helsinki, Finland, July, 1993. Microorganisms in Indoor Air Assessment and Evaluation of Health Effects and Probable Causes, Walnut Creek, CA, February 27, 1997. Controlling Microbial Moisture Problems in Buildings, Walnut Creek, CA, February 27, 1997. Scientific- Advisory Committee, Roomvent 98, 6th International Conference on Air Distribution in Rooms, KTH, Stockholm, Sweden, June 14-17, 1998. Moisture and Mould, Indoor Air '99, Edinburgh, Scotland, August, 1999. Ventilation Modeling and Simulation, Indoor Air '99, Edinburgh, Scotland, August, 1999. Microbial Growth in Materials, Healthy Buildings 2000, Espoo, Finland, August, 2000. C� Packet Pg.137 5.1.e Co -Chair, Bioaerosols X- Exposures in Residences, Indoor Air 2002, Monterey, CA, July 2002. Healthy Indoor Environments, Anaheim, CA, April 2003. Chair, Environmental Tobacco Smoke in Multi -Family Homes, Indoor Air 2008, Copenhagen, Denmark, July 2008. Co -Chair, ISIAQ Task Force Workshop; HVAC Hygiene, Indoor Air 2002, Monterey, CA, July 2002. Chair, ETS in Multi -Family Housing: Exposures, Controls, and Legalities Forum, Healthy Buildings 2009, Syracuse, CA, September 14, 2009. Chair, Energy Conservation and IAQ in Residences Workshop, Indoor Air 2011, Austin, TX, June 6, 2011. Chair, Electronic Cigarettes: Chemical Emissions and Exposures Colloquium, Indoor Air 2016, Ghent, Belgium, July 4, 2016. SPECIAL CONSULTATION Provide consultation to the American Home Appliance Manufacturers on the development of a standard for testing portable air cleaners, ARAM Standard AC-1. Served as an expert witness and special consultant for the U.S. Federal Trade Commission regarding the performance claims found in advertisements of portable air cleaners and residential furnace filters. Conducted a forensic investigation for a San Mateo, CA pro se defendant, regarding an alleged homicide where the victim was kidnapped in a steamer trunk. Determined the air exchange rate in the steamer trunk and how long the person could survive. Conducted in situ measurement of human exposure to toluene fumes released during nailpolish application for a plaintiffs attorney pursuing a California Proposition 65 product labeling case. June, 1993. Conducted a forensic in situ investigation for the Butte County, CA Sheriff's Department of the emissions of a portable heater used in the bedroom of two twin one year old girls who suffered simultaneous crib death. Consult with OSHA on the 1995 proposed new regulation regarding indoor air quality and environmental tobacco smoke. S Packet Pg. 738 Consult with EPA on the proposed Building Alliance program and with OSHA on the proposed new OSHA IAQ regulation. Johnson Controls Audit/Certification Expert Review; Milwaukee, WI. May 28-29, 1997. Winner of the nationally published 1999 Request for Proposals by the State of Washington to conduct a comprehensive indoor air quality investigation of the Washington State Department of Ecology building in Lacey, WA. Selected by the State of California Attorney General's Office in August, 2000 to conduct a comprehensive indoor air quality investigation of the Tulare County Court House. Lawrence Berkeley Laboratory IAQ Experts Workshop: "Cause and Prevention of Sick Building Problems in Offices: The Experience of Indoor Environmental Quality Investigators", Berkeley, California, May 26-27, 2004. Provide consultation and chemical emission rate testing to the State of California Attorney General's Office in 2013-2015 regarding the chemical emissions from e- cigarettes. PEER -REVIEWED PUBLICATIONS F.J.Offermann, C.D.Hollowell, and G.D.Roseme, "Low -Infiltration Housing in Rochester, New York: A Study of Air Exchange Rates and Indoor Air Quality," Environment International 8, pp. 435445, 1982. W.W.Nazaroff, F.J.Offermann, and A.W.Robb, "Automated System for Measuring Air Exchange Rate and Radon Concentration in Houses," Health Physics, 45, pp. 525-537, 1983. F.J.Offermann, W.J.Fisk, D.T.Grimsrud, B.Pedersen, and K.L.Revzan, "Ventilation Efficiencies of Wall- or Window -Mounted Residential Air -to -Air Heat Exchangers," ASHRAEAnnual Transactions, 89-2B, pp 507-527, 1983. W.J.Fisk, K.M.Archer, REChant D. Hekmat, F.J.Offermann, and B.Pedersen, "Onset of Freezing in Residential Air -to -Air Heat Exchangers," ASHRAE Annual Transactions, 91- 1B, 1984. W.J.Fisk, K.M.Archer, R.E Chant, D. Hekmat, F.J.Offermann, and B.Pedersen, "Performance of Residential Air -to -Air Heat Exchangers During Operation with Freezing and Periodic Defrosts," ASHRAE Annual Transactions, 914B, 1984. F.J.Offermann, R.G.Sextro, W.J.Fisk, D.T.Grimsrud, W.W.Nazaroff, A.V.Nero, and K.L.Revzan, "Control of Respirable Particles with Portable Air Cleaners," Atmospheric Environment, Vol. 19, pp.17614771, 1985. R.G.Sextro, F.J.Offermann, W.W.Nazaroff, A.V.Nero, K.L.Revzan, and J.Yater, "Evaluation of Indoor Control Devices and Their Effects on Radon Progeny Concentrations," Atmospheric Environment, 12, pp. 429438, 1986. W.J. Fisk, R.K.Spencer, F.J.Offermann, R.K.Spencer, B.Pedersen, R.Sextro, "Indoor Air Quality Control Techniques," Noyes Data Corporation, Park Ridge, New Jersey, (1987). F.J.Offermann, "Ventilation Effectiveness and ADPI Measurements of a Forced Air Heating System," ASHRAE Transactions , Volume 94, Part 1, pp 694404, 1988. F.J.Offermann and D. Int-Rout "Ventilation Effectiveness Measurements of Three Supply/Return Air Configurations," Environment International, Volume 15, pp 585-592 0 1989. _ F.J. Offermann, S.A. Loiselle, M.C. Quinlan, and M.S. Rogers, "A Study of Diesel Fume P Entrainment in an Office Building," IAQ '89, The Human Equation: Health and v Comfort, pp 179-183, ASHRAE, Atlanta, GA, 1989. R.G.Sextro and F.J.Offermann, "Reduction of Residential Indoor Particle and Radon Progeny Concentrations with Ducted Air Cleaning Systems," submitted to Indoor Air, 1990. S.A.Loiselle, A.T.Hodgson, and F.J.Offermann, "Development of An Indoor Air Sampler for Polycyclic Aromatic Compounds", Indoor Air , Vol 2, pp 191-210, 1991. F.J.Offermann, S.A.Loiselle, A.T.Hodgson, L.A. Gundel, and J.M. Daisey, "A Pilot Study to Measure Indoor Concentrations and Emission Rates of Polycyclic Aromatic Compounds", Indoor Air , Vo14, pp 497-512, 1991. F.J. Offermann, S. A. Loiselle, R.G. Sextro, "Performance Comparisons of Six Different Air Cleaners Installed in a Residential Forced Air Ventilation System," IAQ'915 Healthy Buildings, pp 342-350, ASHRAE, Atlanta, GA (1991). F.J. Offermann, J. Daisey, A. Hodgson, L. Gundell, and S. Loiselle, "Indoor Concentrations and Emission Rates of Polycyclic Aromatic Compounds", Indoor Air, Vol 4, pp 497-512 (1992). F.J. Offermann, S. A. Loiselle, R.G. Sextro, "Performance of Air Cleaners Installed in a Residential Forced Air System," ASHRAE Journal, pp 51-57, July, 1992. F.J. Offermann and S. A. Loiselle, "Performance of an Air -Cleaning System in an Archival Book Storage Facility," IAQ,92, ASHRAE, Atlanta, GA, 1992. S.B. Hayward, K.S. Liu, L.E. Alevantis, K. Shah, S. Loiselle, F.J. Offermann, Y.L. Chang, L. Webber, "Effectiveness of Ventilation and Other Controls in Reducing Exposure to ETS in Office Buildings," Indoor Air '93, Helsinki, Finland, July 4-8, 1993. 0 Packet Pg_ 140 5.1.e F.J. Offermann, S. A. Loiselle, G. Ander, H. Lau, "Indoor Contaminant Emission Rates Before and After a Building Bake -out," IA '93, Operating and Maintaining Buildings for Health, Comfort, and Productivity, pp 157463, ASHRAE, Atlanta, GA, 1993. L.E. Alevantis, Hayward, S.B., Shah, S.B., Loiselle, S., and Offermann, F.J. "Tracer Gas Techniques for Determination of the Effectiveness of Pollutant Removal From Local Sources," IAQ '93, Operating and Maintaining Buildings for Health, Comfort, and Productivity, pp 119429, ASHRAE, Atlanta, GA, 1993. L.E. Alevantis, Liu, L.E., Hayward, S.B., Offermann, F.J., Shah, S.B., Leiserson, K. Tsao, E., and Huang, Y., "Effectiveness of Ventilation in 23 Designated Smoking Areas in California Buildings," IAQ '94, Engineering Indoor Environments, pp 167481, ASHRAE, Atlanta, GA, 1994. L.E. Alevantis, Offermann, F.J., Loiselle, S., and Macher, J.M., "Pressure and Ventilation Requirements of Hospital Isolation Rooms for Tuberculosis (TB) Patients: Existing Guidelines in the United States and a Method for Measuring Room Leakage", Ventilation and Indoor air quality in Hospitals, M. Maroni, editor, Kluwer Academic publishers, Netherlands, 1996, F.J. Offermann, M. A. Waz, A.T. Hodgson, and H.M. Ammann, "Chemical Emissions from a Hospital Operating Room Air Filter," IAQ'96, Paths to Better Building Environments, pp 95-99, ASHRAE, Atlanta, GA, 1996. F.J. Offermann, "Professional Malpractice and the Sick Building Investigator," IAQ'96, Paths to Better Building Environments, pp 132-136, ASHRAE, Atlanta, GA, 1996. F.J. Offermann, "Standard Method of Measuring Air Change Effectiveness," Indoor Air, Vol 1, pp.206-211, 1999. F. J. Offermann, A. T. Hodgson, and J. P. Robertson, "Contaminant Emission Rates from PVC Backed Carpet Tiles on Damp Concrete", Healthy Buildings 2000, Espoo, Finland, August 2000. K.S. Liu, L.E. Alevantis, and F.J. Offermann, "A Survey of Environmental Tobacco Smoke Controls in California Office Buildings", Indoor Air, Vol 11, pp. 26-34, 2001. F.J. Offermann, R. Colfer, P. Radzinski, and J. Robertson, "Exposure to Environmental Tobacco Smoke in an Automobile", Indoor Air 2002, Monterey, California, July 2002. F. J. Offermann, J.P. Robertson, and T. Webster, "The Impact of Tracer Gas Mixing on Airflow Rate Measurements in Large Commercial Fan Systems", Indoor Air 2002, Monterey, California, July 2002. M. J. Mendell, T. Brennan, L. Hathon, J.D. Odom, F.J.Offermann, B.H. Turk, K.M. Wallingford, R.C. Diamond, W.J. Fisk, "Causes and prevention of Symptom Complaints 5.1.e in Office Buildings: Distilling the Experience of Indoor Environmental Investigators submitted to Indoor Air 2005, Beijing, China, September 4-9, 2005. F.J. Offermann, "Ventilation and IAQ in New Homes With and Without Mechanical Outdoor Air Systems", Healthy Buildings 2009, Syracuse, CA, September 14, 2009. F.J. Offermann, "ASHRAE 62.2 Intermittent Residential Ventilation: What's It Good For, Intermittently Poor IAQ", IAQVEC 2010, Syracuse, CA, April 21, 2010. F.J. Offermann and A.T. Hodgson, "Emission Rates of Volatile Organic Compounds in New Homes", Indoor Air 2011, Austin, TX, June, 2011. P. Jenkins, R. Johnson, T. Phillips, and F. Offermann, Chemical Concentrations in New California Homes and Garages", Indoor Air 2011, Austin, TX, June, 2011. W. J. Mills, B. J. Grigg, F. J. Offermann, B. E. Gustin, and N. E. Spingarm, "Toluene and Methyl Ethyl Ketone Exposure from a Commercially Available Contact Adhesive", Journal of Occupational and Environmental Hygiene, 9:1)95-1)102 May, 2012. F. J. Offermann, R. Maddalena, J. C. Offermann, B. C. Singer, and H, Wilhelm, "The Impact of Ventilation on the Emission Rates of Volatile Organic Compounds in Residences", HB 2012, Brisbane, AU, July, 2012. F. J. Offermann, A. T. Hodgson, P. L. Jenkins, R. D. Johnson, and T. J. Phillips, "Attached Garages as a Source of Volatile Organic Compounds in New Homes", HB 2012, Brisbane, CA, July, 2012. R. Maddalena, N. Li, F. Offermann, and B. Singer, "Maximizing Information from Residential Measurements of Volatile Organic Compounds", HB 2012, Brisbane, AU, July, 2012. Persily, A. Hodgson, F. Offermann, D. Poppendieck, and K. Kumagai, "Area -Specific Airflow Rates for Evaluating the Impacts of VOC emissions in U.S. Single -Family Homes", Building and Environment, Vol. 71, 204-211, February, 2014. F. J. Offermann, A. Eagan A. C. Offermann, and L. J. Radonovich, "Infectious Disease Aerosol Exposures With and Without Surge Control Ventilation System Modifications", Indoor Air 2014, Hong Kong, July, 2014. F. J. Offermann, "Chemical Emissions from E-Cigarettes: Direct and Indirect Passive Exposures", Building and Environment, Vol. 93, Part 1, 101-105, November, 2015. F. J. Offermann, "Formaldehyde Emission Rates From Lumber Liquidators Laminate Flooring Manufactured in China", Indoor Air 2016, Belgium, Ghent, July, 2016. F. J. Offermann, "Formaldehyde and Acetaldehyde Emission Rates for E-Cigarettes", Indoor Air 2016, Belgium, Ghent, July, 2016. E Packet Pg.142 `` 5.1.e OTHER REPORTS: W.J.Fisk, P.G.Cleary, and F.J.Offermann, "Energy Saving Ventilation with Residential Heat Exchangers," a Lawrence Berkeley Laboratory brochure distributed by the Bonneville Power Administration, 1981. F.J.Offermann, J.R.Girman, and C.D.Hollowell, "Midway House Tightening Project: A Study of Indoor Air Quality," Lawrence Berkeley Laboratory, Berkeley, CA, Report L131,42777, 1981. F.J.Offermann, J.B.Dickinson, W.J.Fisk, D.T.Grimsrud, C.D.Hollowell, D.L.Krinkle, and G.D.Roseme, "Residential Air -Leakage and Indoor Air Quality in Rochester, New York," Lawrence Berkeley Laboratory, Berkeley, CA, Report LBL-13100, 1982. F.J.Offermann, W.J.Fisk, B.Pedersen, and K.L.Revzan, Residential Air -to -Air Heat Exchangers: A Study of the Ventilation Efficiencies of Wall- or Window- Mounted Units," Lawrence Berkeley Laboratory, Berkeley, CA, Report 1,131,44358, 1982. F.J.Offermann, W.J.Fisk, W.W.Nazaroff, and R.G.Sextro, "A Review of Portable Air Cleaners for Controlling Indoor Concentrations of Particulates and Radon Progeny," An interim report for the Bonneville Power Administration, 1983, W.J.Fisk, K.M.Archer, R.E.Chant, D.Hekmat, F.J.Offermann, and B.S. Pedersen, "Freezing in Residential Air -to -Air Heat Exchangers: An Experimental Study," Lawrence Berkeley Laboratory, Berkeley, CA, Report L131,46783, 1983. R.G.Sextro, W.W.Nazaroff, F.J.Offermann, and K.L.Revzan, "Measurements of Indoor Aerosol Properties and Their Effect on Radon Progeny," Proceedings of the American Association of Aerosol Research Annual Meeting, April, 1983. F.J.Offermann, R.G.Sextro, W.J.Fisk, W.W. Nazaroff, A.V.Nero, K.L.Revzan, and J.Yater, "Control of Respirable Particles and Radon Progeny with Portable Air Cleaners," Lawrence Berkeley Laboratory, Berkeley, CA, Report LBL-16659, 1984. W.J.Fisk, R.K.Spencer, D.T.Grimsrud, F.J.Offeimann; B.Pedersen, and R.G.Sextro, "Indoor Air Quality Control Techniques: A Critical Review," Lawrence Berkeley Laboratory, Berkeley, CA, Report LBL-16493, 1984. F.J.Offermann, J.R.Girman, and R.G.Sextro, "Controlling Indoor Air Pollution from Tobacco Smoke: Models and Measurements,", Indoor Air, Proceedings of the 3rd International Conference on Indoor Air Quality and Climate, Vol 1, pp 257-264, Swedish Council for Building Research, Stockholm (1984), Lawrence Berkeley Laboratory, Berkeley, CA, Report LBL-17603, 1984. 10 5.1.e R.Otto, J.Girman, F.Offermann, and R.Sextro,"A New Method for the Collection and Comparison of Respirable Particles in the Indoor Environment," Lawrence Berkeley Laboratory, Berkeley, CA, Special Director Fund's Study, 1984. A.T.Hodgson and F.J.Offermann, "Examination of a Sick Office Building," Lawrence Berkeley Laboratory, Berkeley, CA, an informal field study, 1984. R.G.Sextro, F.J.Offermann, W.W.Nazaroff, and A.V.Nero, "Effects of Aerosol Concentrations on Radon Progeny," Aerosols, Science, & Technology, and Industrial Applications of Airborne Particles, editors B.Y.H.Liu, D.Y.H.Pui, and H.J.Fissan, p525, Elsevier, 1984. ., d 0 K.Sexton, S.Hayward, F.Offermann, R.Sextro, and L.Weber, "Characterization of = Particulate and Organic Emissions from Major Indoor Sources, Proceedings of the Third International Conference on Indoor Air Quality and Climate, Stockholm, Sweden, August 20-249 1984. �? F.J.Offermann, "Tracer Gas Measurements of Laboratory Fume Entrainment at a Semi- conductor Manufacturing Plant," an Indoor Environmental Engineering R&D Report, 1986. F.J.Offermann, "Tracer Gas Measurements of Ventilation Rates in a Large Office Building," an Indoor Environmental Engineering R&D Report, 1986. F.J.Offermann, "Measurements of Volatile Organic Compounds in a New Large Office Building with Adhesive Fastened Carpeting," an Indoor Environmental Engineering R&D Report, 1986. F.J.Offermann, "Designing and Operating Healthy Buildings", an Indoor Environmental Engineering R&D Report, 1986. F.J.Offermann, "Measurements and Mitigation of Indoor Spray-Applicated Pesticides", an Indoor Environmental Engineering R&D Report, 1988. F.J.Offermann and S. Loiselle, "Measurements and Mitigation of Indoor Mold Contamination in a Residence", an Indoor Environmental Engineering R&D Report, 1989. F.J.Offermann and S. Loiselle, "Performance Measurements of an Air Cleaning System in a Large Archival Library Storage Facility", an Indoor Environmental Engineering R&D Report, 1989. F.J. Offermann, J.M. Daisey, L.A. Gundel, and A.T. Hodgson, S. A. Loiselle, "Sampling, Analysis, and Data Validation of Indoor Concentrations of Polycyclic Aromatic Hydrocarbons", Final Report, Contract No. A732406, California Air Resources Board, March, 1990. 11 Packet Pg_1 5.1.e L.A. Gundel, J.M. Daisey, and F.J. Offermann, "A Sampling and Analytical Method for Gas Phase Polycyclic Aromatic Hydrocarbons", Proceedings of the 5th International Conference on Indoor Air Quality and Climate, Indoor Air'90, July 29-August 1990, A.T. Hodgson, J.M. "aisey, and F.J. Offermann "Development of an Indoor Sampling and Analytical Method for Particulate Polycyclic Aromatic Hydrocarbons", Proceedings of the 5th International Conference on Indoor Air Quality and Climate, Indoor Air '90, July 29-August, 1990. F.J. Offermann, J.O. Sateri, "Tracer Gas Measurements in Large Multi -Room Buildings", Indoor Air '93, Helsinki, Finland, July 4-8, 1993. .^ d 0 F.J.Offermann, M. T. O'Flaherty, and M. A. Waz "Validation of ASHRAE 129 - _ Standard Method of Measuring Air Change Effectiveness", Final Report of ASHRAE LM Research Project 891, December 8, 1997. E v S.E. Guffey, F.J. Offermann et. al., "Proceedings of the Workshop on Ventilation Engineering Controls for Environmental Tobacco smoke in the Hospitality Industry", U.S. Department of Labor Occupational Safety and Health Administration and ACGIH, w 1998. F.J. Offermann, R.J. Fiskum, D. Kosar, and D. Mudaari, "A Practical Guide to Ventilation Practices & Systems for Existing Buildings", Heatin /Piing/Air Conditioning Engineering supplement to April/May 1999 issue. F.J. Offermann, P. Pasanen, "Workshop 18: Criteria for Cleaning of Air Handling Systems", Healthy Buildings 2000, Espoo, Finland, August 2000. F.J. Offermann, Session Summaries: Building Investigations, and Design & Construction, Healthy Buildings 2000, Espoo, Finland, August 2000. F.J. Offermann, "The IAQ Top 10", Engineered Systems, November, 2008. L. Kincaid and F.J. Offermann, "Unintended Consequences: Formaldehyde Exposures in Green Homes, AIHA Synergist, February, 2010. F.J. Offermann, " IAQ in Air Tight Homes", ASHRAE Journal, November, 2010. F.J. Offermann, "The Hazards of E-Cigarettes", ASHRAE Journal, June, 2014. PRESENTATIONS "Low -Infiltration Housing in Rochester, New York: A Study of Air Exchange Rates and Indoor Air Quality," Presented at the International Symposium on Indoor Air Pollution, Health and Energy Conservation, Amherst, MA, October 13-16,19810 12 "Ventilation Efficiencies of Wall- or . Window -Mounted Residential Air4o-Air Heat Exchangers," Presented at the American Society of Heating, Refrigeration, and Air Conditioning Engineers Summer Meeting, Washington, DC, June, 1983. "Controlling Indoor Air Pollution from Tobacco Smoke: Models and Measurements," Presented at the Third International Conference on Indoor Air Quality and Climate, Stockholm, Sweden, August 20m24, 1984. "Indoor Air Pollution: An Emerging Environmental Problem", Presented to the Association of Environmental Professionals, Bar Area/Coastal Region 1, Berkeley, CA, May 29, 1986. "Ventilation Measurement Techniques," Presented at the Workshop on Sampling and Analytical Techniques, Georgia Institute of Technology, Atlanta, Georgia, September 26, 1986 and September 25, 1987. "Buildings That Make You Sick: Indoor Air Pollution", Presented to the Sacramento Association of Professional Energy Managers, Sacramento, CA, November 18, 1986. "Ventilation Effectiveness and Indoor Air Quality", Presented to the American Society of Heating, Refrigeration, and Air Conditi Honing Engineers Northern Nevada Chapter, Reno, NV, February 18, 1987, Golden Gate Chapter, San Francisco, CA, October 1, 1987, and the San Jose Chapter, San Jose, CA, June 9, 1987. "Tracer Gas Techniques for Studying Ventilation," Presented at the Indoor Air Quality Symposium, Georgia Tech Research Institute, Atlanta, GA, September 22-24, 1987. "Indoor Air Quality Control: What Works, What Doesn't," Presented to the Sacramento Association of Professional Energy Managers, Sacramento, CA, November 17, 1987. "Ventilation Effectiveness and ADPI Measurements of a Forced Air Heating System," Presented at the American Society of Heating, Refrigeration, and Air Conditioning Engineers Winter Meeting, Dallas, Texas, January 31, 1988. "Indoor Air Quality, Ventilation, and Energy in Commercial Buildings", Presented at the Building Owners &Managers Association of Sacramento, Sacramento, CA, July 21, 1988. "Controlling Indoor Air Quality: The New ASHRAE Ventilation Standards and How to Evaluate Indoor Air Quality", Presented at a conference "Improving Energy Efficiency and Indoor Air Quality in Commercial Buildings," National Energy Management Institute, Reno, Nevada, November 4, 1988. "A Study of Diesel Fume Entrainment Into an Office Building," Presented at Indoor Air '89: The Human Equation: Health and Comfort, American Society of Heating, Refrigeration, and Air Conditioning Engineers, San Diego, CA, April 17-20, 1989. 13 Packet Pg. 146 5.1.e "Indoor Air Quality in Commercial Office Buildings," Presented at the Renewable Energy Technologies Symposium and International Exposition, Santa Clara, CA June 20, 1989. "Building Ventilation and Indoor Air Quality", Presented to the all Joaquin Chapter of the American Society of Heating, Refrigeration, and Air Conditioning Engineers, September 7, 1989. "How to Meet New Ventilation Standards: Indoor Air Quality and Energy Efficiency," a workshop presented by the Association of Energy Engineers; Chicago, IL, March 20-21, 1989; Atlanta, GA, May 25-26, 1989; San Francisco, CA, October 19-20, 1989; Orlando, FL, December 1142, 1989; Houston, TX, January 29-30, 1990; Washington D.C., February 26-27, 1990; Anchorage, Alaska, March 23, 19909 Las Vegas, NV, April 23-24, 1990; Atlantic City, NJ, September 27-28, 1991; Anaheim, CA, November 19-20, 1991; Orlando, FL, February 28 - March 1, 1991; Washington, DC, March 20-21, 1991; Chicago, IL, May 16-17, 1991; Lake Tahoe, NV, August 15-16, 1991; Atlantic City, NJ, November 1&19, 1991; San Jose, CA, March 23-24, 1992. "Indoor Air Quality," a seminar presented by the Anchorage, Alaska Chapter of the American Society of Heating, Refrigeration, and Air Conditioning Engineers, March 23, 1990. "Ventilation and Indoor Air Quality", Presented at the 1990 HVAC &Building Systems Congress, Santa, Clara, CA, March 29, 1990. "Ventilation Standards for Office Buildings", Presented to the South Bay Property Managers Association, Santa Clara, May 9, 1990. "Indoor Air Quality", Presented at the Responsive Energy Technologies Symposium & International Exposition (RETSIEh Santa Clara, CA, June 20, 1990. "Indoor Air Quality -Management and Control Strategies", Presented at the Association of Energy Engineers, San Francisco Bay Area Chapter Meeting, Berkeley, CA, September 25, 1990. "Diagnosing Indoor Air Contaminant and Odor Problems", Presented at the ASHRAE Annual Meeting, New York City, NY, January 23, 1991. "Diagnosing and Treating the Sick Building Syndrome", Presented at the Energy 2001, Oklahoma, OK, March 19, 1991. "Diagnosing and Mitigating Indoor Air Quality Problems" a workshop presented by the Association of Energy Engineers, Chicago, IL, October 29-30, 1990; New York, NY, January 24-25, 1991; Anaheim, April 25-26, 1991; Boston, MA, June 10-11, 1991; Atlanta, GA, October 24-25, 1991; Chicago, IL, October 34, 19919, Las Vegas, NV, December 1647, 1991, Anaheim, CA, January 30-31, 1992; Atlanta, GA, March 5-6, 1992; Washington, DC, May 7-8, 1992; Chicago, IL, August 19-20, 1992; Las Vegas, 14 NV, October 1-2, 1992, New York City, NY, October 26-21, 1992, Las Vegas, NV, March 1849, 1993; Lake Tahoe, CA, July 1415, 1994, Las Vegas, NV, April 34, 1995; Lake Tahoe, CA, July 11-12, 1996; Miami, Fl, December 9-10, 1996. "Sick Building Syndrome and the Ventilation Engineer Presented to the San Jose Engineers Club, May, 21, 1991. "Duct Cleaning: Who Needs It ?How Is It Done ?What Are The Costs ?" What Are the Risks ?, Moderator of Forum at the ASHRAE Annual Meeting, Indianapolis ID, June 23, 1991. "Operating Healthy Buildings", Association of Plant Engineers, Oakland, CA, November o 14, 1991. _ "Duct Cleaning Perspectives", Moderator of Seminar at the ASHRAE Semi -Annual E Meeting, Indianapolis, IN, June 24, 1991. v a� "Duct Cleaning: The Role of the Environmental Hygienist," ASHRAE Annual Meeting, Anaheim, CA, January 29, 1992. c a� "Emerging IAQ Issues", Fifth National Conference on Indoor Air Pollution, University of E Tulsa, Tulsa, OK, April 13-14, 1992. v a "International Symposium on Room Air Convection and Ventilation Effectiveness", _z Member of Scientific Advisory Board, University of Tokyo, July 22-24, 1992. J "Guidelines for Contaminant Control During Construction and Renovation Projects in ° x Office Buildings," Seminar paper at the ASHRAE Annual Meeting, Chicago, IL, January 26, 1993. E v "Outside Air Economizers: IAQ Friend or Foe", Moderator of Forum at the ASHRAE N Annual Meeting, Chicago, IL, January 26, 1993. c 0 N "Orientation to Indoor Air Quality," an EPA two and one half day comprehensive indoor N air quality introductory workshop for public officials and building property managers; Sacramento, September 28-30, 1992; San Francisco, February 23-24, 1993; Los Angeles, March 16-181 1993; Burbank, June 23, 1993; Hawaii, August 24-25, 1993; Las Vegas, August 30, 1993; San Diego, September 1344, 1993% Phoenix, October 1849, 1993; Reno, November 1416, 1995; Fullerton, December 34, 1996; Fresno, May 1344, 1997. Q "Building Air Quality: A Guide for Building Owners and Facility Managers," an EPA one half day indoor air quality introductory workshop for building owners and facility managers. Presented throughout Region IX 1993-1995. "Techniques for Airborne Disease Control", EPRI Healthcare Initiative Symposium; San Francisco, CA; June 7, 1994. 15 5.1.e "Diagnosing and Mitigating Indoor Air Quality Problems CIHC Conference; San Francisco, September 29, 1994. "Indoor An Quality: Tools for Schools," an EPA one day air quality management workshop for school officials, teachers, and maintenance personnel; San Francisco, October 18-20, 19949 Cerritos, December 5, 1996; Fresno, February 26, 1997; San Jose, March 27, 19970 Riverside, March 5, 1997; San Diego, March 6, 1997; Fullerton, November 13, 1997; Santa Rosa, February 1998, Cerritos, February 26, 1998; Santa Rosa, March 2, 1998. ASHRAE 62 Standard "Ventilation for Acceptable IAQ", ASCR Convention; San Francisco, CA, March 16, 1995. "New Developments in Indoor Air Quality: Protocol for Diagnosing IAQ Problems", UHA-NC; March 25, 1995. "Experimental Validation of ASHRAE SPC 129, Standard Method of Measuring Air Change Effectiveness", 16th AIVC Conference, Palm Springs, USA, September 19-22, 1995. "Diagnostic Protocols for Building IAQ Assessment", American Society of Safety Engineers Seminar: `Indoor Air Quality — The Next Door'; San Jose Chapter, September 27, 1995; Oakland Chapter, 9, 1997. "Diagnostic Protocols for Building IAQ Assessment", Local 39; Oakland, CA, October 3, 1995. "Diagnostic Protocols for Solving IAQ Problems", CSU-PPD Conference; October 24, 1995. "Demonstrating Compliance with ASHRAE 62-1989 Ventilation Requirements", AIHA; October 25, 1995. "IAQ Diagnostics: Hands on Assessment of Building Ventilation and Pollutant Transport", EPA Region IX; Phoenix, AZ, March 12, 1996; San Francisco, CA, Apri19, 1996; Burbank, CA, April 12, 1996. "Experimental Validation of ASHRAE 129P: Standard Method of Measuring Air Change Effectiveness", Room Vent `96 /International Symposium on Room Air Convection and Ventilation Effectiveness"; Yokohama, Japan, July 1649, 1996. "IAQ Diagnostic Methodologies and RFP Development", CCEHSA 1996 Annual Conference, Humboldt State University, Arcata, CA, August 2, 1996. "The Practical Side of Indoor Air Quality Assessments", California Industrial Hygiene Conference `96, San Diego, CA, September 2, 1996. Packet Pg.14 5.1.e "ASHRAE Standard Us Improving Indoor Environments Pacific as and Electric Energy Center, San Francisco, CA, October 29, 1996. "Operating and Maintaining Healthy Buildings April 345 1996, San Jose, CA; July 30, 1997, Monterey, CA. "IAQ Primer", Local 39, April 16, 1997; Amdahl Corporation, June 9, 1997; State Compensation Insurance Fund's Safety & Health Services Department, November 21, 1996. "Tracer Gas Techniques for Measuring Building Air Flow Rates", ASHRAE, Philadelphia, PA, January 26, 1997. "How to Diagnose and Mitigate Indoor Air Quality Problems"; Women in Waste; March 1% 1997. "Environmental Engineer: What Is It?", Monte Vista High School Career Day; April 10, 1997. "Indoor Environment Controls: What's Hot and What's Not", Shaklee Corporation; San Francisco, CA, July 15, 1997. "Measurement of Ventilation System Performance Parameters in the US EPA BASE Study", Healthy Buildings/IAQ'97, Washington, DC, September 29, 1997. "Operations and Maintenance for Healthy and Comfortable Indoor Environments", PASMA; October 7, 1997. "Designing for Healthy and Comfortable Indoor Environments", Construction Specification Institute, Santa Rosa, CA, November 6, 1997. "Ventilation System Design for Good IAQ", University of Tulsa 10`h Annual Conference, all Francisco, CA, February 25, 1998. "The Building Shell", Tools For Building Green Conference and Trade Show, Alameda County Waste Management Authority and Recycling Board, Oakland, CA, February 28, 1998. "Identifying Fungal Contamination Problems In Buildings", The City of Oakland Municipal Employees, Oakland, CA, March 26, 1998. "Managing Indoor Air Quality in Schools: Sacramento, CA, Apri120, 1998. Staying Out of Trouble", CASBO, "Indoor Air Quality", CSOOC Spring Conference, Visalia, CA, Apri130, 1998. "Particulate and Gas Phase Air Filtration", ACGIH/OSHA, Ft. Mitchell, KY, June 1998. 17 5.1.e "Building Air Quality Facts and Myths The City of Oakland / Alameda County Safety Seminar, Oakland, CA, June 12, 1998. "Building Engineering and Moisture Building Contamination Workshop, University of California Berkeley, Continuing Education in Engineering and Environmental Management, San Francisco, CA, October 21-22, 1999. "Identifying and Mitigating Mold Contamination in Buildings", Western Construction Consultants Association, Oakland, CA, March 15, 2000; AIG Construction Defect Seminar, Walnut Creek, CA, May 2, 2001; City of Oakland Public Works Agency, Oakland, CA, July 24, 2001; Executive Council of Homeowners, Alamo, CA, August 3, 2001. "Using the EPA BASE Study for IAQ Investigation / Communication", Joint Professional Symposium 2000, American Industrial Hygiene Association, Orange County & Southern California Sections, Long Beach, October 19, 2000. "Ventilation," Indoor Air Quality: Risk Reduction in the 215t Century Symposium, sponsored by the California Environmental Protection Agency/Air Resources Board, Sacramento, CA, May 34, 2000. "Workshop 18: Criteria for Cleaning of Air Handling Systems", Healthy Buildings 2000, Espoo, Finland, August 2000. "Closing Session Summary: `Building Investigations' and `Building Design & ConstructionHealthy Buildings 2000, Espoo, Finland, August 2000. "Managing Building Air Quality and Energy Efficiency, Meeting the Standard of Care", BOMA, MidAtlantic Environmental Hygiene Resource Center, Seattle, ay 23ra, 2000; San Antonio, TX, September 26-27, 2000. "Diagnostics &Mitigation in Sick Buildings: When Good Buildings Go Bad," University of California Berkeley, September 18, 2001. "Mold Contamination: Recognition and What To Do and Not Do", Redwood Empire Remodelers Association; Santa Rosa, CA, April 16, 2002. "Investigative Tools of the IAQ Trade", Healthy Indoor Environments 2002; Austin, TX; Apri122, 2002. "Finding Hidden Mold: Case Studies in IAQ Investigations", AIHA Northern California Professionals Symposium; Oakland, CA, May 8, 2002. "Assessing and Mitigating Fungal Contamination in Buildings", Cal/OSHA Training; Oakland, CA, February 14, 2003 and West Covina, CA, February 20-21, 2003. Packet Pg. 151 5.1.e use of External Containments During Fungal Mitigation", Invited Speaker, ACGIH Mold Remediation Symposium, Orlando, FL, November 3-5, 2003. Building Operator Certification (BOC), 1064AQ Training Workshops, Northwest Energy Efficiency Council; Stockton, CA, December 3, 20039 San Francisco, CA, December 9, 2003; Irvine, CA, January 13, 2004; San Diego, January 14, 2004; Irwindale, CA, January 27, 2004; Downey, CA, January 28, 2004, Santa Monica, CA, March 16, 2004; Ontario, CA, March 17, 2004; Ontario, CA, November 9, 2004, San Diego, CA, November 10, 20040 San Francisco, CA, November 17, 2004; San Jose, CA, November 185 2004; Sacramento, CA, March 15, 2005. "Mold Remediation: The National QUEST for Uniformity Symposium", Invited Speaker, Orlando, Florida, November 3-5, 2003. "Mold and Moisture Control", Indoor Air Quality workshop for The Collaborative for High Performance Schools (CHPS), San Francisco, December 11, 2003. "Advanced Perspectives In Mold Prevention &Control Symposium", Invited Speaker, Las Vegas, Nevada, November 7-9, 2004. "Building Sciences: Understanding and Controlling Moisture in Buildings", American Industrial Hygiene Association, San Francisco, CA, February 14-16, 2005. "Indoor Air Quality Diagnostics and Healthy Building Design", University of California Berkeley, Berkeley, CA, March 2, 2005. "Improving IAQ = Reduced Tenant Complaints", Northern California Facilities Exposition, Santa Clara, CA, September 27, 2007. "Defining Safe Building Air", Criteria for Safe Air and Water in Buildings, ASHRAE Winter Meeting, Chicago, IL, January 27, 2008. "Update on USGBC LEED and Air Filtration", Invited Speaker, NAFA 2008 Convention, San Francisco, CA, September 19, 2008. "Ventilation and Indoor air Quality in New California Homes", National Center of Healthy Housing, October 20, 2008. "Indoor Air Quality in New Homes", California Energy and Air Quality Conference, October 29, 2008. "Mechanical Outdoor air Ventilation Systems and IAQ in New Homes", ACI Home Performance Conference, Kansas City, MO, April 29, 2009. "Ventilation and IAQ in New Homes with and without Mechanical Outdoor Air Systems", Healthy Buildings 2009, Syracuse, CA, September 14, 2009. 19 racket Pg152 "' 5.1.e "Ten Ways to Improve Your Air Quality", Northern California Facilities Exposition, Santa Clara, CA, September 30, 2009. "New Developments in Ventilation and Indoor Air Quality in Residential Buildings Westcon meeting, Alameda, CA, March 17, 2010. "Intermittent Residential Mechanical Outdoor Air Ventilation Systems and IAQ ASHRAE SSPC 62.2 Meeting, Austin, TX, April 19, 2010. "Measured IAQ in Homes", ACI Home Performance Conference, Austin, TX, Apri121, 2010. "Respiration: IEQ and Ventilation", AIHce 2010, How IH Can LEED in Green buildings, Denver, CO, May 23, 2010. "IAQ Considerations for Net Zero Energy Buildings (NZEB)", Northern California Facilities Exposition, Santa Clara, CA, September 22, 2010. "Energy Conservation and Health in Buildings", Berkeley High SchoolGreen Career Week, Berkeley, CA, April 12, 2011. "What Pollutants are Really There ?", ACI Home Performance Conference, San Francisco, CA, March 30, 2011. "Energy Conservation and Health in Residences Workshop", Indoor Air 2011, Austin, TX, June 6, 2011. "Assessing IAQ and Improving Health in Residences", US EPA Weatherization Plus Health, September 7, 2011. "Ventilation: What a Long Strange Trip It's Been", Westcon, May 21, 2014. "Chemical Emissions from E-Cigarettes: Direct and Indirect Passive Exposures", Indoor Air 2014, Hong Kong, July, 2014. "Infectious Disease Aerosol Exposures With and Without Surge Control Ventilation System Modifications", Indoor Air 2014, Hong Kong, July, 2014. "Chemical Emissions from E-Cigarettes", IMF Health and Welfare Fair, Washington, DC, February 18, 2015. "Chemical Emissions and Health Hazards Associated with E-Cigarettes", Roswell Park Cancer Institute, Buffalo, NY, August 15, 2014. "Formaldehyde Indoor Concentrations, Material Emission Rates, and the CARB ATCM", Harris Martin's Lumber Liquidators Flooring Litigation Conference, WQ Minneapolis Hotel, May 27, 2015. 20 PacketPg_153 "Chemical Emissions from E-Cigarettes: Direct and Indirect Passive Exposure", FDA Public Workshop: Electronic Cigarettes and the Public Health, Hyattsville, MD June 2, 2015. "Creating Healthy Homes, Schools, and Workplaces", Chautauqua Institution, Athenaeum Hotel, August 24, 2015. "Diagnosing IAQ Problems and Designing Healthy Buildings", University of California Berkeley, Berkeley, CA, October 6, 2015. "Diagnosing Ventilation and IAQ Problems in Commercial Buildings", BEST Center Annual Institute, Lawrence Berkeley National Laboratory, January 6, 2016. "A Review of Studies of Ventilation and Indoor Air Quality in New Homes and Impacts of Environmental Factors on Formaldehyde Emission Rates From Composite Wood Products", AIHce2016, May, 21-26, 2016. "Admissibility of Scientific Testimony", Science in the Court, Proposition 65 Clearinghouse Annual Conference, Oakland, CA, September 15, 2016. "Indoor Air Quality and Ventilation", ASHRAE Redwood Empire, Napa, CA, December 1, 2016. 21 Packet Pg.154 5.1.e *All toilm ib] Packet Pg.155 Shawn Smallwood, PhD g1o8 Finch Street Davis, CA 95616 Amy Million -Principal Planner City of Dublin Community Development Department 100 Civic Plaza Dublin, CA 94568 24 March 2020 RE: Cambria Hotel Project 0 Dear Ms. Million,LM .0 E I write to comment on the proposed Cambria Hotel Project, which I understand would M add a 68400t tall, 6-story hotel (89,700 ft2) on o.91 acres of land. I write to comment LM on bird -window collisions that would result from this project, as well as traffic impacts V on wildlife. Neither of these impacts were addressed in the Downtown Dublin Specific Plan EIR (City of Dublin 2010), and scientific understanding of both has increased in recent years. E E 0 My qualifications for preparing expert comments are the following. I hold a Ph.D. Q degree in Ecology from University of California at Davis, where I subsequently worked D for four years as a post -graduate researcher in the Department of Agronomy and Range Sciences. My research has been on animal density and distribution, habitat selection, Y habitat restoration, interactions between wildlife and human infrastructure and = activities, conservation of rare and endangered species, and on the ecology of invading species. I perform research on wildlife mortality caused by wind turbines, electric E distribution lines, agricultural practices, and road traffic. I authored numerous papers on special -status species issues, including "Using the best scientific data for endangered species conservation" (Smallwood et al.1999), and "Suggested standards for science applied to conservation issues" (Smallwood et al. 2001). I served as Chair of the o Conservation Affairs Committee for The Wildlife Society —Western Section. I am a N member of The Wildlife Society and the Raptor Research Foundation, and I've been a ; part-time lecturer at California State University, Sacramento. I was Associate Editor of wildlife biology's premier scientific journal, The Journal of Wildlife Management, as E well as of Biological Conservation, and I was on the Editorial Board of Environmental Management. I have performed wildlife surveys in California for thirty-three years, including at many proposed project sites. My CV is attached. a BIOLOGICAL IMPACTS ASSESSMENT According to the City of Dublin's public hearing announcement regarding the proposed Cambria Hotel Project, no further environmental review is required for the Project beyond that already performed in the Downtown Dublin Specific Plan EIR (City of Dublin 2010). However, circumstances related to biological resources have changed in the decade since the City certified its EIR. These changed circumstances are all the more pertinent to potential impacts of the proposed project because the Downtown Dublin Specific Plan EIR did not analyze potential impacts on biological resources. The Downtown Dublin Specific Plan EIR omitted any analysis of potential impacts on biological resources because City of Dublin (2010:4-7) concluded that biological resources do not exist within the City. Evidence collected since 2010 demonstrates otherwise — that special -status species of wildlife often occur within the City of Dublin. For example, eBird (https://eBird.org) records reveal hundreds of eyewitness observations of birds in and around Downtown Dublin, including members of special - status species (Table 1). Many birds live and breed in Downtown Dublin, but many thousands also pass through Dublin annually on migration along valley corridors which also accommodate Highways 58o and 680. The evidence is overwhelming that the premise of City of Dublin's conclusion of no impacts to wildlife was a false premise. Be that as it may, circumstances have changed since 2010, and these changed circumstances bring a fair argument that a project -specific EIR should be prepared for the Cambria Hotel Project. Just in the last year, the scientific community confirmed that human actions are cumulatively contributing to the rapid decline of birds across North America. Using data from radar installations and Breeding Sird Survey transects across North America, Rosenberg et al. (2019) quantified a 29% decline of overall bird abundance across North America over the last 48 years. The likely ecological and economic costs of losing nearly a third of our birds has yet to be estimated, but these costs are likely substantial. The current trend cannot continue without suffering extinctions of multiple species, reduced biological diversity and a diminished quality of life for Americans. One of the leading causes of bird mortality contributing to this decline has been collisions with windows (see below). Recent advances in structural glass engineering have contributed to a proliferation of glass windows on building facades. This proliferation is readily observable in newer buildings and in recent project planning documents, and it is represented by a worldwide 20% increase in glass manufacturing for building construction since 2016. Increasing window -to -wall ratios and glass facades have become popular for multiple reasons, including a growing demand for `daylighting.' A high window4o-wall ratio is also a major feature of the Cambria Hotel Project, as depicted on City of Dublin's web site introducing the Project. This proposed project would potentially introduce an ecological trap to birds flying across the junction of east -west and north -south migration routes along the valley structures in which Downtown Dublin is situated. Table 1. S ecial-status species reported on eBird (Lits: eBird.or or the ro'ect area. Species Scientific name Status" eBird posts Window impacts Long -billed curlew Numenius americanus TWL, BCC Nearby Caspian tern H dro ro ne caspia BCC Nearby California gull Larus calf ornicus TWL Nearby Osprey Pandion haliaetus TWL, FGC 503.5 Nearby Bald eagle Haliaeetus leucoce halus BGEPA, BCC, CE, CFP Nearby Golden eagle A uila chrysaetos BGEPA, BCC, CFP Nearby Ferruginous hawk Buteo re alis TWL, FGC 3503.5 Nearby Red-tailed hawk Buteo 'amaicensis FGC 3503.5 Nearby, Yes 3 0 .o a� x E E 0 z J c d v a J 0 E d x E v N 0 0 N 0 w c a� Q 5.1.e I Listed as BCC = U.S. Fish and Wildlife Service Bird Species of Conservation Concern, CE = California endangered, CT = California threatened, CFP = California Fully Protected (Fish and Game Code 3511), FGC 3503.5 = California Department of Fish and Wildlife Code 3503.5 (Birds of prey), and SSC1, SSC4 and SSC3 = California Bird Species of Special Concern priorities 1, 2 and 3, respectively, and TWL = Taxa to Watch List (Shuford and Gardali 2008). 5.1.e Not only would this ecological trap be inserted into the airspace of migrating birds, but it would be inserted after just learning of humanity's cumulative effects on North American birds and just after new laws were passed to do something about these effects. Governor Gavin Newsom signed AB 454 into law on 27 September 2019, adding protection to several hundred bird species. This new law amended California Fish and Game Code section 3513 to protect birds that had been protected by the federal Migratory Bird Treaty Act. This new law carries particular significance for bird -window collisions that the proposed project would cause, because hundreds of these newly protected species have been recorded in and around Downton Dublin in recent years (see eBird: https: I JeBird. org), 38 of which are special -status species in addition to the = new law, and 12 of which are known to be susceptible to window collisions (Table 1). o Another recent change to legal protections of birds was the recent listing of tricolored x blackbird as Threatened under the California Endangered Species Act. Tricolored blackbirds have been recorded west and east of Dublin, so likely fly across Dublin during E dispersal and migration. Glass windows inserted into their airspace could kill some of v them. Glass windows inserted into the aerosphere would annually kill birds of manyLM other species protected by California's new version of the Migratory Bird Treaty Act. Just as the scientific community recently quantified the effects of humanity's cumulative effects on North American birds, reports of scientific investigations published since 2010 have also informed the scientific community of the magnitude of impacts, of the factors contributing tobird-window collisions, and how to mitigate collision risk. And just as the use of structural glass proliferated over the last several years, most of the studies contributing to our new understanding were reported in the scientific literature since 2010. Also, the most comprehensive and informed guidelines on building design and landscaping to minimize impacts were produced after 2010 (San Francisco Planning Department 2011, Sheppard and Phillips 2015). Therefore, the Downtown Dublin Specific Plan EIR could not have anticipated the proliferation of structural glass in new developments, nor could it have anticipated the documented 29% decline of North America's birds or the added legal protections afforded to birds in response to this decline. A fair argument can be made for the need to prepare a project -specific EIR for the Cambria Hotel Project, which proposes to impose large glass windows on birds attempting to pass through Dublin. Below I review the bird -window collision issue, hypothesized causal factors and recommended mitigation solutions. I also predict bird -window collision rates based on studies performed across the USA at structures ranging widely in height, window to wall ratio, types of glass, orientation, and structural context. My aim is to make a robust prediction from this range of study conditions, and to present the associated large confidence interval that I believe is appropriate in the face of uncertainty over how many birds fly through the project area and what proportion of the birds are more susceptible that others to window collision. Glass -facades of buildings intercept and kill many birds, but these facades are differentially hazardous to birds based on spatial extent, contiguity, orientation, and other factors. At Washington State University, Johnson and Hudson (1976) found 266 5 Packet Pg.160 bird fatalities of 41 species within 73 months of monitoring of a three-story glass walkway (no fatality adjustments attempted). Prior to marking the windows to warn birds of the collision hazard, the collision rate was 84.7 per year. At that rate, and not attempting to adjust the fatality estimate for the proportion of fatalities not found, 4,235 A were likely killed over the 50 years since the start of their study, and that's at a relatively small building facade (Figure 2). Accounting for the proportion of fatalities not found, the number of birds killed by this walkway over the last 50 years would have been about 12,705. And this is just for one 3-story, glass -sided walkway between two college campus buildings. Figure 2. A walkway connecting two buildings at Washington State University where one of the earliest studies of bird collision mortality found 85 bird fatalities per year prior to marking windows (254 annual deaths adjusted for the proportion not found). Given that the window markers have long since disappeared, this walkway has likely killed at least 12,7o5 birds since 1968, and continues to kill birds. Notice that the transparent glass on both sides of the walkway gives the impression of unimpeded airspace that can be navigated safely by birds familiar with flying between tree branches. Also note the reflected images of trees, which can mislead birds into seeing safe perch sites. Further note the distances of ornamental trees, which allow birds taking off from those trees to reach full speed upon arrival at the windows. Window collisions are often characterized as either the second or third largest source or human -caused bird mortality. The numbers behind these characterizations are often attributed to Mem's (199o) and Dunn's (1993) estimates of about too million to i billion bird fatalities in the USA, or more recently Loss et al.'s (2014) estimate of 365-988 million bird fatalities in the USA or Calvert et al.'s (2013) and Machtans et al.'s (2013) estimates of 22.4 million and 25 million bird fatalities in Canada, respectively. However, these estimates and their interpretation warrant examination because they were based on opportunistic sampling, volunteer study participation, and fatality monitoring by more inexperienced than experienced searchers. Klein's (1990) estimate was based on speculation that 1 to to birds are killed per building per year, and this speculated range was extended to the number of buildings estimated by the US Census Bureau in 1986. Klem's speculation was supported by Fatality monitoring at only two houses, one in Illinois and the other in New York. Also, the basis of his fatality rate extension has changed greatly since 1986. Whereas his estimate served the need to alert the public of the possible magnitude of the bird- Packet Pg.161 window collision issue, it was highly uncertain at the time and undoubtedly outdated more than three decades hence. Indeed, by 2010 Klem (2010) characterized the upper end of his estimated range -1 billion bird fatalities — as conservative. Furthermore, the estimate lumped species together as if all birds are the same and the loss of all birds to windows has the same level of impact. Homes AL are associated with higher rates of window collisions than are homes without birdfeeders (Kummer and Bayne 2015, Kummer et al. 2016a), so the developed area might pose even greater hazard to birds if it includes numerous birdfeeders. Another factor potentially biasing national or North American estimates low was revealed by Bracey et al.'s (2o16) finding that trained fatality searchers found 2.6 x the number of fatalities found by homeowners on the days when both trained = searchers and homeowners searched around homes. The difference in carcass detection was 30.446ld when involving carcasses volitionally placed by Bracey et al. (2o16) in E blind detection trials. This much larger difference in trial carcass detection rates likely resulted because their placements did not include the sounds that typically alert LM homeowners to actual window collisions, but this explanation also raises the question of V how often homeowner participants with such studies miss detecting window -caused fatalities because they did not hear the collisions. E By the time Loss et al. (2014) performed their effort to estimate annual USA bird- v window fatalities, many more fatality monitoring studies had been reported or were a underway. Loss et al. (2014) were able to incorporate many more fatality rates based on M scientific monitoring, and they were more careful about which fatality rates to include. However, they included estimates based on fatality monitoring by homeowners, which in one study were found to detect only 38% of the available window fatalities (Bracey et = al. 2016). Loss et al. (2014) excluded all fatality records lacking a dead bird in hand, such as injured birds or feather or blood spots on windows. Loss et al.'s (2014) fatality E metric was the number of fatalities per building (where in this context a building can include a house, low-rise, or high-rise structure), but they assumed that this metric was N based on window collisions. Because most of the bird -window collision studies were Me limited to migration seasons, Loss et al. (2014) developed an admittedly assumption - laden correction factor for making annual estimates. Also, only 2 of the studies included N adjustments for carcass persistence and searcher detection error, and it was unclear how LO and to what degree fatality rates were adjusted for these factors. Although Loss et al. (2014) attempted to account for some biases as well as for large sources of uncertainty mostly resulting from an opportunistic rather than systematic sampling data source, v their estimated annual fatality rate across the USA was highly uncertain and vulnerable w to multiple biases, most of which would have resulted in fatality estimates biased low. a In my review ofbird-window collision monitoring, I found that the search radius around homes and buildings was very narrow, usually 2 meters. Based on my experience with bird collisions in other contexts, I would expect that a large portion of bird -window collision victims would end up farther than 2 in from the windows, especially when the windows are higher up on tall buildings. In my experience, searcher detection rates tend to be low for small birds deposited on ground with vegetation cover or woodchips or other types of organic matter. Also, vertebrate scavengers entrain on mthropogenic sources of mortality and quickly remove many of the carcasses, thereby preventing the fatality searcher from detecting these fatalities. Adjusting fatality rates for these factors — search radius bias, searcher detection error, and carcass persistence rates — would greatly increase nationwide estimates of bird -window collision fatalities. Buildings can intercept many nocturnal migrants as well as birds flying in daylight. As mentioned above, Johnson and Hudson (1976) found 266 bird fatalities of 41 species within 73 months of monitoring of a four-story glass walkway at Washington State University (no adjustments attempted). Somerlot (2003) found 21 bird fatalities among 13 buildings on a university campus within only 61 days. Monitoring twice per week, Hager at al. (2008) found 215 bird fatalities of 48 species, or 55 birds/building/year, and at another site they found 142 bird fatalities of 37 species for 24 birds/building/year. Gelb and Delacretaz (2009) recorded 5,40o bird fatalities under buildings in New York City, based on a decade of monitoring only during migration periods, and some of the high-rises were associated with hundreds of fatalities each. Klem et al. (2009) monitored 73 building fagades in New York City during 114 days of two migratory periods, tallying 549 collision victims, nearly 5 birds per day. Borden et al. (2010) surveyed a 1.8 km route 3 times per week during 12-month period and found 271 bird fatalities of 50 species. Parkins et al. (2015) found 35 bird fatalities of 16 species within only 45 days of monitoring under 4 building fagades. From 24 days of survey over a 48-day span, Porter and Huang (2015) found 47 fatalities under 8 buildings on a university campus. Sabo et al. (2016) found 27 bird fatalities over 61 days A searches under 31 windows. In San Francisco, Kahle et al. (2016) found 355 collision victims within 1,762 days under a 5-story building. Ocampo-Peiiuela et al. (2016) searched the perimeters of 6 buildings on a university campus, finding 86 fatalities after 63 days of surveys. One of these buildings produced 61 of the 86 fatalities, and another building with collision -deterrent glass caused only 2 of the fatalities, thereby indicating a wide range in impacts likely influenced by various factors. There is ample evidence available to support my prediction that the proposed project would result in many collision fatalities of birds. Project Impact Prediction Predicting the number of bird collisions at a new project is challenging because the study of window collisions remains in its early stages. Researchers have yet to agree on a collision rate metric. Some have reported findings as collisions per building per year and some as collisions per building per day. Some have reported findings as collisions per m2 of window. The problem with the temporal factor in the collision rate metrics has been monitoring time spans varying from a few days to 10 years, and even in the case of the 10-year span, monitoring was largely restricted to spring and fall migration seasons. Short-term monitoring during one or two seasons of the year cannot represent I `year,' but monitoring has rarely spanned a full year. Using `buildings' in the metric treats buildings as all the same size, when we know they are not. Using square meters of glass in the metric treats glass as the only barrier upon which birds collide against a building's facade, when we know it is not. It also treats all glass as equal, even though pc 5.1.e we know that collision risk varies by type of glass as well as multiple factors related to contextual settings. Without the benefit of more advanced understanding of window collision factors, my prediction of project impacts will be uncertain. Klem's (199o) often -cited national estimate of avian collision rate relied on an assumed average collision rate of 1 to 10 birds per building per year, but studies since then have all reported higher rates of collisions 12 to 352 birds per building per year. Because the more recent studies were likely performed at buildings known or suspected to cause many collisions, collision rates from them could be biased high. By the time of these comments I had reviewed and processed results of bird collision monitoring at 181 buildings and facsades for which bird collisions per m2 of glass per year could be calculated and averaged (Johnson and Hudson 1976, O'Connell 2001, Somerlot 2003, Hager et al. 20o8, Borden et al. 2010, Hager et al. 2013, Porter and Huang 2015, Parkins et al. 2015, Kahle et al. 2016, Ocampo-Penuela et al. 2o16, Sabo et al. 2o16, Barton et al. 2017, Schneider et al. 2o18). These study results averaged 0.077 bird deaths per m2 of glass per year (95% CI: 0.04- 0.11). Looking over the proposed commercial floor space, including the hotel and club retail, I estimated the project would include 892 m2 of glass windows. Applied to the mean fatality rate, this area of glass would predict 69 bird deaths per year (95% CI: 36=98). The 50-year toll from this average annual fatality rate would be 3,434 bird deaths (95% CI: 1,784-4,906), which would continue until the buildings of the project are either renovated to reduce bird collisions or they come down. As mentioned earlier, the accuracy of this prediction depends on factors known or hypothesized to affect window collision rates. However, I used all the variation in collision rates that was available and which resulted from a wide range in building height, type of glass, indoor and outdoor landscaping, interior light management, window to wall ratio, and structural context of the fagade. This variation contributed to a robust bird -window collision rate represented by a wide 95% confidence interval. According to the confidence interval, which again was based on the wide range of conditions in the underlying data, the proposed project built as designed at too locations would be predicted to kill between 36 and 98 birds per year at 95 of those too locations, leaving the other 5 to kill birds at rates either lower or higher than this range. Even at the low end of the interval, the death toll would be excessive, amounting to 1784 bird deaths over 50 years. This impact would be significant, especially considering that the predicted fatality rate can be prevented by implementing appropriate mitigation measures. Below I will discuss hypothesized bird -window collision factors, and I will recommend mitigation measures. Bird -Window Collision Factors Below is a list of collision factors I found in the scientific literature. Following this list are specific notes and findings taken from the literature and my own experience. (1) Inherent hazard of a structure in the airspace used for nocturnal migration or other flights Wo 5.1.e (2) Window transparency, falsely revealing passage through structure or to indoor plants (3) Window reflectance, falsely depicting vegetation, competitors, or open airspace (4) Black hole or passage effect (5) Window or facade extent, or proportion of facade consisting of window or other reflective surface (6) Size of window (7) Type of glass (8) Lighting, which is correlated with window extent and building operations (9) Height of structure (collision mechanisms shift with height above ground) (1o) Orientation of fagade with respect to winds and solar exposure (ii) Structural layout causing confusion and entrapment (12) Context in terms of urban -rural gradient, or surrounding extent of impervious surface vs vegetation (13) Height, structure, and extent of vegetation grown near home or building (14) Presence of birdfeeders or other attractants (15) Relative abundance (16) Season of the year (17) Ecology, demography and behavior (18) Predatory attacks or cues provoking fear of attack (19) Aggressive social interactions (1) Inherent hazard of structure in airspace. —Not all of a structure's collision risk can be attributed to windows. Overing (1938) reported 576 birds collided with the Washington Monument in 90 minutes on one night, 12 September 1937. The average annual fatality count had been 328 birds from 1932 through 1936. Gelb and Delacretaz (2009) and Klem et al. (2oo9) also reported finding collision victims at buildings lacking windows, although many fewer than they found at buildings fitted with widows. The takeaway is that any building going up at the project site would likely kill birds, although the impacts of a glass -sided building would likely be much greater. (2) Window transparency. —Widely believed as one of the two principal factors contributing to avian collisions with buildings is the transparency of glass used in windows on the buildings (Klem 1989). Gelb and Delacretaz (2oo9) felt that many of the collisions they detected occurred where transparent windows revealed interior vegetation. (3) Window reflectance. —Widely believed as one of the two principal factors contributing to avian collisions with buildings is the reflectance of glass used in windows on the buildings (Klein 1989). Reflectance can deceptively depict open airspace, vegetation as habitat destination, or competitive rivals as self-images (Klem 1989). Gelb and Delacretaz (2009) felt that many of the collisions they detected occurred toward the lower parts of buildings where large glass exteriors reflected outdoor vegetation. Klein et al. (2oo9) and Borden et al. (201o) also found that reflected outdoor vegetation associated positively with collisions. �i7 5.1.e (4) Black hole or passage effect. —Although this factor was not often mentioned in the bird -window collision literature, it was suggested in Sheppard and Phillips (2015). The black hole or passage effect is the deceptive appearance of a cavity or darkened ledge that certain species of bird typically approach with speed when seeking roosting sites. The deception is achieved when shadows from awnings or the interior light conditions give the appearance of cavities or protected ledges. This factor appears potentially to be nuanced variations on transparency or reflectance or possibly an interaction effect of both of these factors. (5) Window or facade extent.—Klem et al. (2009), Borden et al. (2010), Hager et al. (2013), and Ocampo-Penuela et al. (2016) reported increased collision fatalities at buildings with larger reflective fagades or higher proportions of fagades composed of windows. However, Porter and Huang (2015) found a negative relationship between fatalities found and proportion of fagade that was glazed. (6) Size of window. —According to Kahle et al. (2016), collision rates were higher on large -pane windows compared to small -pane windows. (�) Type of glass.—Klem et al. (2009) found that collision fatalities associated with the type of glass used on buildings. Otherwise, little attention has been directed towards the types of glass in buildings. (8) Lighting. —Parkins et al. (2015) found that light emission from buildings correlated positively with percent glass on the facade, suggesting that lighting is linked to the extent of windows. Zink and Eckles (2010) reported fatality reductions, including an 80% reduction at a Chicago high-rise, upon the initiation of the Lights -out Program. However, Zink and Eckles (2010) provided no information on their search effort, such as the number of searches or search interval or search area around each building. (9) Height of structure. —I found little if any hypothesis -testing related to building height, including whether another suite of factors might relate to collision victims of high-rises. Are migrants more commonly the victims of high-rises or of smaller buildings? (lo) Orientation of facade. —Some studies tested facade orientation, but not convincingly. Confounding factors such as the extent and types of windows would require large sample sizes of collision victims to parse out the variation so that some portion of it could be attributed to orientation of fagade. Whether certain orientations cause disproportionately stronger or more realistic -appearing reflections ought to be testable through measurement, but counting dead birds under facades of different orientations would help. (11) Structural layout. —Bird -safe building guidelines have illustrated examples of structural layouts associated with high rates ofbird-window collisions, but little attention has been directed towards hazardous structural layouts in the scientific literature. An exception was Johnson and Hudson (1976), who found high collision 11 Packet Pg.166 '' 5.1.e rates at 3 stories of glassed -in walkways atop an open breezeway, located on a break in slope with trees on one side of the structure and open sky on the other, Washington State University. (12) Context in urban -rural gradient. —Numbers of fatalities found in monitoring have associated negatively with increasing developed area surrounding the building (Hager et al. 2013), and positively with more rural settings (Kummer et al. 2o16a). (13) Height, structure and extent of vegetation near building. —Correlations have sometimes been found between collision rates and the presence or extent of vegetation near windows (Hager et al. 2oo8, Borden et al. 2010, Kummer et al. 2o16a, Ocampo- o Penuela et al. 2016). However, Porter and Huang (2015) found a negative relationship x between fatalities found and vegetation cover near the building. In my experience, whatLM probably matters most is the distance from the building that vegetation occurs. If the E vegetation that is used by birds is very close to a glass facade, then birds coming from U that glass will be less likely to attain sufficient speed upon arrival at the facade to result in a fatal injury. Too far away and there is probably no relationship. But 30 to 50 m away, birds alighting from vegetation can attain lethal speeds by the time they arrive at J the windows. (14) Presence of birdfeeders.—Dunn (1993) reported a weak correlation (r = 0.13, P < 0.001) between number of birds killed by home windows and the number of birds counted at feeders. However, Kummer and Bayne (2015) found that experimental installment of birdfeeders at homes increased bird collisions with windows 1.84461d. (15) Relative abundance. —Collision rates have often been assumed to increase with local density or relative abundance (Klem 1989), and positive correlations have been measured (Dunn 1993, Hager et al. 20o8). However, Hager and Craig (2014) found a negative correlation between fatality rates and relative abundance near buildings. (16) Season of the year. —Borden et al. (2010) found 900/. of collision fatalities during spring and fall migration periods. The significance %J this finding is magnified by -day carcass persistence rates of 0.45 and 0.35 in spring and fall, rates which were considerably lower than during winter and summer (Hager et al. 2012). In other words, the concentration of fatalities during migration seasons would increase after applying seasonally -explicit adjustments for carcass persistence. Fatalities caused by collisions into the glass facades of the project's building would likely be concentrated in fall and spring migration periods. (17) Ecology, demography and behavior.—Klem (1989) noted that certain types of birds were not found as common window -caused fatalities, including soaring hawks and waterbirds. Cusa et al. (2015) found that species colliding with buildings surrounded by higher levels of urban greenery were foliage gleaners, and species colliding with buildings surrounded by higher levels of urbanization were ground foragers. Sabo et al. (2016) found no difference in age class, but did find that migrants are more susceptible to collision than resident birds. 12 (18) Predatory attacks. —Panic flights caused by raptors were mentioned in 1676 of window strike reports in Dunn's (1993) study. I have witnessed Cooper's hawks chasing birds into windows, including house finches next door to my home and a northern mocking bird chased directly into my office window. Predatory birds likely to collide with the project's windows would include Peregrine falcon, red -shouldered hawk, Cooper's hawk, and sharp -shinned hawk. (19) Aggressive social interactions. —I found no hypothesis -testing of the roles of aggressive social interactions in the literature other than the occasional anecdotal account of birds attacking their self-images reflected from windows. However, I have c witnessed birds chasing each other and sometimes these chases resulting in one of the = birds hitting a window.LM E Window Collision Solutions LM Given the magnitude of bird -window collision impacts, there are obviously great opportunities for reducing and minimizing these impacts going forward. Existing structures can be modified or retrofitted to reduce impacts, and proposed new structures can be more carefully sited, designed, and managed to minimize impacts. E However, the costs of some of these measures can be high and can vary greatly, but most v importantly the efficacies of many of these measures remain uncertain. Both the costs a and effectiveness of all of these measures can be better understood through experimentation and careful scientific investigation. Post -construction fatality monitoring should be an essential feature of any new building project. Below is a listing of mitigation options, along with some notes and findings from the x literature. Any new project should be informed by preconstruction surveys of daytime and nocturnal flight activity. Such surveys can reveal the one or more fagades facing the M prevailing approach direction of birds, and these revelations can help prioritize where N certain types of mitigation can be targeted. It is critical to formulate effective measures prior to construction, because post -construction options will be limited, likely more O expensive, and probably less effective. N (1) Retrofitting to reduce impacts (1A) Marking windows (1B) Managing outdoor landscape vegetation v (1C) Managing indoor landscape vegetation (1D) Managing nocturnal lighting a (1A) Marking windows. —Whereas Klem (1990) found no deterrent effect from decals on windows, Johnson and Hudson (1976) reported a fatality reduction of about 69% after placing decals on windows. In an experiment of opportunity, Ocampo-Pefiuela et al. (2o16) found only 2 of 86 fatalities at one of 6 buildings — the only building with windows treated with a bird deterrent film. At the building with fritted glass, bird collisions were 82% lower than at other buildings with untreated windows. Kahle et al. 13 (2016) added external window shades to some windowed fagades to reduce fatalities 82% and 95%. Many external and internal glass markers have been tested experimentally, some showing no effect and some showing strong deterrent effects (Klem 1989,1990, 2009, 2011, Klem and Saenger 2013; R6ssler et al. 2015). Following up on the results of Johnson and Hudson (1976), I decided to mark windows A my home, where I have documented 5 bird collision fatalities between the time I moved in and 6 years later. I marked my windows with decals delivered to me via US Postal Service from a commercial vendor. I have documented no fatalities at my windows during the 8 years hence. On 8 December 2018, I photographed a ruby - crowned kinglet pulling up short of my window (Figure 3), right at one of my installed markers. In my assessment, markers can be effective in some situations. Figure 3. Ruby -crowned kinglet puts on the brakes in front of a decal I applied to mark windows of my home, 8 December 2o18. This window killed birds prior to marking, but I have found no window collision victims since marking the windows. Windows with attractive built-in marking are commercially available. (2) Siting and Designing to minimize impacts (2A) Deciding on location of structure (2B) Deciding on facade and orientation (2C) Selecting type and sizes of windows (2D) Designing to minimize transparency through two parallel fagades (2E) Designing to minimize views of interior plants (2F) Landscaping to increase distances between windows and trees and shrubs (3) Monitoring for adaptive management to reduce impacts (3A) Systematic monitoring for fatalities to identify seasonal and spatial patterns (3B) Adjust light management, window marking and other measures as needed. Guidelines on Building Design If the project goes forward, it should at a minimum adhere to available guidelines on building design intended to minimize collision hazards to birds. The American Bird Conservancy (ABC) produced an excellent set of guidelines recommending actions to: (1) Minimize use of glass; (2) Placing glass behind some type of screening (grilles, shutters, exterior shades); (3) Using glass with inherent properties to reduce collisions, such as patterns, window films, decals or tape; and (4) Turning off lights during migration seasons (Sheppard and Phillips 2015). The City of San Francisco (San 14 Packet Pg.169 Francisco Planning Department 2oli) also has a set of building design guidelines, based on the excellent guidelines produced by the New York City Audubon Society (Orff et al. ioo7). The ABC document and both the New York and San Francisco documents provide excellent alerting of potential bird -collision hazards as well as many visual examples. The San Francisco Planning Department's (2oi1) building design guidelines are more comprehensive than those of New York City, but they could have gone further. For example, the San Francisco guidelines probably should have also covered scientific monitoring of impacts as well as compensatory mitigation for impacts that could not be avoided, minimized or reduced. Monitoring and the use of compensatory mitigation should be incorporated at any new building project because the measures recommended in the available guidelines remain of uncertain effectiveness, and even if these measures are effective, they will not reduce collision fatalities to zero. The only way to assess effectiveness and to quantify post -construction fatalities is to monitor the project for fatalities. CUMULATIVE IMPACTS An EIR is needed to identity past, ongoing and anticipated future projects that contribute cumulatively to bird -window collision fatalities in Dublin. An estimate is needed of the cumulative extent of glass windows and curtain walls. This estimate is needed because it can be used to estimate or predict the number of annual deaths of birds colliding with windows in Dublin. The cumulative impact needs to be understood so that appropriate mitigation can be formulated to minimize, reduce, rectify and offset the impact. A project -specific EIR needs to be prepared to provide such an analysis. MITIGATION Based on City of Dublin (2010) and the environmental documentaiton thus far presented in support of the Cambria Hotel Project, the public and City of Dublin's decision -makers remain uninformed about avian use of the project site and about the potential effects of bird -window collisions that would be caused by the project. City of Dublin inadequately informs the public about how avian use of the site can potentially transform avian susceptibility to window collisions into avian vulnerability in the face of the structures built as part of the project. Surveys are needed to learn how many of each bird species fly through the area, and at what times of day (and night), and at what heights above ground and under what circumstances. Biologists familiar with bird flight behaviors need to survey for birds on the project site. Nocturnal surveys can be performed using a thermaHmaging camera, although many of the birds would not be identifiable to species during nocturnal surveys. Such surveys would inform of collision risk, and could inform mitigation strategies involving interior light management and design modifications to facades facing the prevailing approach directions of migrating birds. Transparency and reflectance increase collision risk, but there are materials available to minimize the effects of transparency and reflectance, including the glass itself. Landscaping around buildings can also affect collision risk, but risks can be minimized 15 Packet Pg.170 by carefully planning the landscaping. Interior lighting also increases risk to nocturnal migrants, but the effects of interior lighting is readily mitigated by minimizing use of lights as well as the lighting of any interior landscaping. I recommend consulting available guidelines on minimizing impacts to wildlife caused by windows. For example, the American Bird Conservancy produced an excellent set of guidelines recommending: (1) Minimize use of glass; (2) Placing glass behind some type of screening (grilles, shutters, exterior shades); (3) Using glass with inherent properties to reduce collisions, such as patterns, window films, decals or tape; and (4) Turning off lights during migration seasons (Sheppard and Phillips 2015). The City of San Francisco (San Francisco Planning Department 2011) also has a set of building design guidelines, based on the excellent guidelines produced by the New York City Audubon Society (Orff et al. 2007). In addition to measures for minimizing wind collision impacts, I recommend fatality monitoring around the building's perimeter. Such monitoring should be scientific, adhering to standards developed for fatality monitoring in other window collision studies and along electrical circuits and at wind projects. Fund Wildlife Rehabilitation Facilities Compensatory mitigation ought also to include funding contributions to wildlife rehabilitation facilities to cover the costs of injured animals that will be delivered to these facilities for care. Most of the wildlife injuries will likely be caused by window collisions. But the project's impacts can also be offset by funding the treatment of injuries to animals caused by other buildings, electric lines, cars, and cats. Thank you for your attention, Shawn Smallwood, Ph.D. REFERENCES CITED Barton, C. M., C. S. Riding, and S. R. Loss. 2017. Magnitude and correlates of bird collisions at glass bus shelters in an urban landscape. Plos One 12. 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PeerJ 4:e2170; DOI 10.7717/peerj.2170Low v San Francisco Planning Department, 2011. Standards for bird -safe buildings. San Francisco Planning Department, City and County of San Francisco, California. J w c a� Schneider, R. M., Co M. Barton, K. W. Zirkle, C. F. Greene, and K. B. Newman, 2018. E Year-round monitoring reveals prevalence of fatal bird -window collisions at the 0 Virginia Tech Corporate Research Center. PeerJ6*e4562https:lldoi.org/10-7717/ a peerJ.4562 z D noon Sheppard, C., and G. Phillips. 2015. Bird -friendly building design, end Ed., American d 400 Bird Conservancy, The Plains, Virginia. Shuford, W. D., and T. Gardali, [eds.]. 2oo8. California bird species of special concern: a ranked assessment of species, subspecies; and distinct populations of birds of immediate conservation concern in California. Studies of Western Birds 1. Western Field Ornithologists, Camarillo, California. 0 Smallwood, K.S., J. Beyea and M. Morrison.1999. Using the best scientific data for N endangered species conservation. Environmental Management 24:421-435• Ln w Smallwood, K.S., A. Gonzales, T. Smith, E. West, C. Hawkins, E. Stitt, C. Keckler, C. Bailey, and K. Brown, 2001. Suggested standards for science applied to conservation issues. Transactions of the Western Section of the Wildlife Society 36:40-49. a Somerlot, K. E. 2003. Survey of songbird mortality due to window collisions on the Murray State University campus. Journal of Service Learning in Conservation Biology 1:1-19. Zink, R. M., and J. Eckles. 2010. Twin cities bird -building collisions: a status update on "Project Birdsafe." The Loon 82:34-37• 19 Packet Pg..174 Kenneth Shawn Smallwood Curriculum Vitae 3108 Finch Street Born May 3, 1963 in Davis, CA 95616 Sacramento, California. Phone (530) 7564598 Married, father of two. Cell (530) 601-6857 puma@dcn.org Ecologist Expertise • Finding solutions to controversial problems related to wildlife interactions with human c industry, infrastructure, and activities; _ 'L • Using systems analysis and experimental design principles to identify meaningful E ecological patterns that can inform management decisions.LM v aD Education J Ph.D. Ecology, University of California, Davis. September 1990. E M.S. Ecology, University of California, Davis. June 1987. c B.S. Anthropology, University of California, Davis. June 1985. v Corcoran High School, Corcoran, California. June 1981. z D J Experience ' • 443 professional publications, including: o • 80 peer reviewed publications • 24 in non -reviewed proceedings • 337 reports, declarations, posters and book reviews v • 8 in mass media outlets N • 84 public presentations of research results at meetings o • Reviewed many professional papers and reports • Testified in 4 court cases. N to Editing for scientific journals: Guest Editor, Wildlife Society Bulletin, 2012-2013, of invited papers d representing international views on the impacts of wind energy on wildlife and how to mitigate the impacts. Associate Editor, Journal of Wildlife Management, March 2004 to 30 June 2007. Editorial Board Member, Environmental Management, 10/1999 to 8/2004. Associate Editor, Q Biological Conservation, 9/1994 to 9/1995. Member, Alameda County Scientific Review Committee (SRC), August 2006 to April 2011. The five -member committee investigated the causes of bird and bat collisions in the Altamont Pass Wind Resource Area, and recommended mitigation and monitoring measures. The SRC 1 Packet Pg.175 5.1.e Exhibit C G Technical Consultation, Data Analysis and Litigation Support for the Environment 2656 29`h Street, Suite 201 Santa Monica, CA 90405 Matt Hagemann, P.G, C.Hg. (949) 887-9013 mhasemann@swape.com Paul E. Rosenfeld, PhD (310)795-2335 prosenfeld @swape.com March 25, 2020 Paige Fennie Lozeau I Drury LLP 1939 Harrison Street, Suite 150 Oakland, CA 94612 Subject: Comments on the Cambria Hotel Project (PLPA-2019-00020, -44) Dear Ms. Fennie, We have reviewed the March 2020 Hearing Notice for the Cambria Hotel Project ("Project") located in the City of Dublin ("City"). The Project proposes to construct a 138-room hotel, totaling 89,700-SF, and two stories of podium parking, totaling 277 spaces, on the 0.91-acre site. Our review concludes that the Hearing Notice fails to adequately evaluate the Project's hazards and hazardous materials, air quality, health risk, and greenhouse gas impacts. As a result, emissions and health risk impacts associated with construction and operation of the proposed Project are underestimated and inadequately addressed. An updated CEQA analysis should be prepared to adequately assess and mitigate the potential hazards and hazardous materials, air quality, health risk, and greenhouse gas impacts that the project may have on the surrounding environment. As a result of our findings, the proposed Project does not qualify for an exemption under the California Environmental Quality Act ("CEQA") and 14 Cal. Code of Reps. 1500 et seq. ("CEQA Guidelines") per § 15182 and, therefore, a full CEQA analysis must be prepared to adequately assess and mitigate the potential air quality, health risk, and greenhouse pas impacts that the Proiect may have on the surrounding environment. We recommend that the City prepare an Initial Study with a health risk assessment ("HRA") as required under the Commerce Municipal Code ("CMC" or "Code"). hazards and Hazardous Materials Inadequate Analysis of Impacts No Phase I Environmental Site Assessment (ESA) was prepared for the Project site. The preparation of a Phase I ESA is a common practice in CEQA proceedings. Phase I ESAs are routinely included in CEQA documentation to identify hazardous waste issues that ic may pose a risk to the publ, workers, or the environment, and which may require further investigation, including environmental sampling and cleanup. The lack of a Phase I ESA for the Project is inconsistent with mitigation included in the 2010 Downtown Dublin Specific Plan which states: c z MM 3.4-2: Future development or substantial redevelopment within the project area shall QW� M prepare a Phase I Environmental Site Assessment to determine whether or not a particular EE development site contains any hazardous materials as a result of historic contamination within v the project area subject to review and approval by the City of Dublin. a) Standards for performing a Phase I ESA have been established by the US EPA and the American Society c for Testing and Materials Standards (ASTM).1 Phase I ESAs are conducted to identify conditions indicative of releases of hazardous substances and include: E • a review of all known sites in the vicinity of the subject property that are on regulatory agency v Q databases undergoing assessment or cleanup activities; Z D • an inspection; -� • interviews with people knowledgeable about the property; and • recommendations for further actions to address potential hazards. _ .e Phase I ESAs conclude with the identification of any "recognized environmental conditions" (RECs) and E recommendations to address such conditions. A REC is the presence or likely presence of any hazardous v tr substances or petroleum products on a property under conditions that indicate an existing release, a past release, or a material threat of a release of any hazardous substances or petroleum products into N structures on the property or into the ground, groundwater, or surface water of the property. If RECs N are identified, then a Phase II ESA generally follows, which includes the collection of soil, soil vapor and �+ groundwater samples, as necessary, to identify the extent of contamination and the need for cleanup to = m reduce exposure potential to the public. _ M Consistent with professional due diligence procedures commonly used in CEQA matters, a Phase I ESA, Q completed by a licensed environmental professional is necessary for inclusion in an EIR to identify recognized environmental conditions, if any, at the proposed Project site. A Phase II ESA should be conducted if the Phase I indicates a recognized environmental condition. Any contamination that is identified above regulatory screening levels, including California Office of Environmental Health Hazard Assessment's Soil Screening Numbers', should be further evaluated and cleaned up, if necessary, in 1 http:Hwww,astm.ors/Standards/E1527.htm ' http://oehha.ca.gov/risk/chhsltable.html coordination with the Alameda County Department of Environmental Health and the San Francisco may Regional Water Quality Control Board. fir AILY Incorrect Reliance on Exemption per CEQA Guidelines § 15182 The Hearing Notice claims that the Project is exempt pursuant to CEQA Guidelines § 15182 as a result of consistency with the Downtown Dublin Specific Plan ("DDSP"). However, this is incorrect for several reasons. First, according to CEQA Guidelines § 15182(a), 0 x "Certain residential, commercial and mixed -use projects that are consistent with a specific plan adopted pursuant to Title 7, Division 1, Chapter 3, Article 8 of the Government Code are exempt -0 E from CEQA" However, review of the Hearing Notice and DDSP reveals that the Project is not exempt pursuant to CEQA Guidelines § 15182, as it fails to comply with the DDSP, as demonstrated below. Incorrect Reliance on the Downtown Dublin specific Plan Review of the April 2010 Downtown Dublin Specific Plan Draft Environmental Impact Report ("DDSP DEIR") reveals that the proposed Project is not consistent. Specifically, according to the DDSP DEIR, "Criteria for Determining Significance In accordance with CEQA, State CEQA Guidelines, and agency and professional standards, a project impact would be considered significant if the project would: • Conflict with or obstruct implementation of the applicable air quality plan. For purposes of this EIR and based on the BAAQMD CEQA Guidelines, the proposed project must satisfy the following standards to be consistent with the BAAQMD's 2005 Ozone Strategy and thus result in a less than significant impact: 1) Consistency with the population and vehicle miles traveled assumptions in the Clean Air Plan; and 2) Consistency With Clean Air Plan Transportation Control Measures; • Violate any air quality standard or contribute substantially to an existing or projected air quality violation; • Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non -attainment under an applicable Federal or State ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)" (DDSP, p. 3-30). Furthermore, according to the DDSP DEIR, "[F]uture individual projects under the DDSP would be subject to new project -level emission thresholds in the BAAQMD Draft CEQA Guidelines, if adopted. Through the environmental review process for individual projects, additional mitigation may also be required to further reduce emissions and potential impacts on a project -by -project basis. In addition, future 5.1.e development within the project area would be required to comply with BAAQMD Regulation 8, Rule 3 (Architectural Coatings)" (DDSP, pp. 68). Thus, the proposed Project is not consistent with the DDSP for several reasons. As a result, the Project does not qualify for an exemption pursuant to CEQA Guidelines § 15182. First, the Hearing Notice fails to compare the proposed Project's projected emissions with the BAAQMD's project -level emissions threshold, as is required by the DDSP DEIR. As adopted in 2010 and since updated in 2017, the BAAQMD CEQA Guidelines, as well as the DDSP DEIR, require proposed Projects to compare their expected emissions to the relevant thresholds of significance.' Thus, the d Hearing Notice fails to compare project -level air quality emissions to the BAAQMD CEQA Guidelines, as adopted. This is incorrect and as a result, the proposed Project is not consistent with the DDSP. By failingLM ca to compare the Project's estimated emissions to the relevant BAAQMD thresholds, the Hearing Notice -_ E fails to demonstrate consistency with the DDSP DEIR and does not qualify for an exemption pursuant to v CEQA Guidelines § 15182. d Second, the Hearing Notice fails to compare project -level air quality emissions to the BAAQMD 2005 w Ozone Strategy.4 This is incorrect and as a result, the proposed Project is not consistent with the DDSP. d Without an evaluation of the Project's compliance with the 2005 Ozone Strategy, the Hearing Notice E E fails to demonstrate compliance with the DDSP DEIR and does not qualify for an exemption pursuant to v CEQA Guidelines § 15182. Q z M Third, the Hearing Notice fails to compare project -level air quality emissions to the Clean Air Plan Transportation Control Measures.5 This is incorrect and as a result, the proposed Project is not 0 consistent with the DDSP. Without an evaluation of the Project's compliance with the Clean Air Plan, the = �a Hearing Notice fails to demonstrate compliance with the DDSP DEIR and does not qualify for an exemption pursuant to CEQA Guidelines § 15182. E v Fourth, the Hearing Notice fails to address Project -specific mitigation or BAAQMD Regulation 8, Rule 3 er N et (Architectural Coatings), as required by the DDSP DEIR. As a result, the proposed Project is inconsistent 0 with the DDSP and does not qualify for an exemption pursuant to CEQA Guidelines § 15182. N Finally, the proposed Project may be inconsistent with the Downtown Core Specific Plan ("DCSP"),the West Dublin BART Specific Plan ("WDBSP"),and the Village Parkway Specific Plan ("VPSP"), as these 0 E plans only allow for the additional development of 150 hotel rooms, as indicated by the DDSP DEIR (p. 3- v 100). Review of the City of Dublin Development Projects website demonstrates that the City proposes to Q ' "California Environmental Quality Act Air Quality Guidelines." BAAQMD, adopted 2010, updated May 2017, available at: https://www.baaamd.eov/"/media/files/alanning-and-research/ceaa/ceaa guidelines mav2017- �df.pdf?la=en, P. 2-2, Table 24. a "Bay Area 2005 Ozone Strategy." BAAQMD, Volume 1, January 2006, available at: https://www.baagmd.gov/^ /media/files/planning-and-research/plans/LOUD-ozone- strategy/adoptedfinal voll.pdf. 5 "Final Clean Air Plan." BAAQMD, April 2017, available at: https://www.baagmd.gov/�/media/files/planning-and- research/plans/2017-clean-air-plan/attachment-a -proposed-final-cap-vol-l-pdf.pdf?la=en, p. 5/11, Table 5-2. construct a 120-room hotel, the Tru Hotel, a 129-room hotel, the Element Hotel, and a 198-room hotel, the Westin Hotel.' Thus, when considered in conjunction with these other projects, the proposed Project is inconsistent with the additional 150-room hotel development limit indicated by the DDSP DEIR. As a result, the proposed Project is inconsistent with the DDSP DEIR and does not qualify for an exemption pursuant to CEQA Guidelines § 15182. SVii�4PE Analysis Indicates Significant Air Pollutant Emissions In an effort to accurately determine the proposed Project's construction and operational emissions, we prepared a SWAPE CaIEEMod model for the Project, using the Project -specific information provided by the Hearing Notice. We included the land use types and sizes as indicated and left all other values as defauIts. Our updated analysis demonstrates that the Projects construction -related VOC emissions exceed the 54 pounds per day (Ibs/day) threshold set by the BAAQMD (see table below).' Maximum Daily Construction Emissions (Ibs/day) SWAPE BAAQMD Regional Threshold (Ibs/day) Threshold Exceeded? 54.8 When modeled, the Project's construction -related VOC emissions exceed the BAAQMD threshold of 54 Ibs/day. Our model demonstrates that the Project would result in a potentially significant air quality impact that was not previously identified or addressed in the Hearing Notice. As a result, an EIR should be prepared to include an updated air pollution model and analysis to adequately estimate the Project's construction and operational emissions and incorporate mitigation to reduce these emissions to a less than significant level. Diesel Partic��late Matter Health Risk Emissions Inadequately Evaluated Review of the Hearing Notice demonstrates that the proposed Project failed to evaluate or mention the potential health risk impacts associated with Project activities. Without a quantified health risk assessment ("HRA"), we cannot verify that Project -related impacts are less than significant. This is incorrect for several reasons. First, by failing to conduct an HRA for residential sensitive receptors located nearby the Project site, the Project is not consistent with the DDSP DEIR. Specifically, according to the DDSP DEIR, "Criteria for Determining Significance In accordance with CEQA, State CEQA Guidelines, and agency and professional standards, a project impact would be considered significant if the project would:... ' Found at; https://dublin-development.icitywork.com/ "`California Environmental Quality Act Air Quality Guidelines." BAAQMD, adopted 2010, updated May 2017 , available at: https://www.baagmd.gov/�/media/files/planning-and-research/cega/cega guidelines mav2017- pdf.pdf?la=en, P. 2-2, Table 24. 5 • Expose sensitive receptors to substantial pollutant concentrations" (DDSP, P. 3-30). As the Project documents fail to mention or evaluate the excess health risk impacts on nearby residential sensitive receptors to the Project site, the Project is not consistent with the DDSP. Thus, the Project does not qualify for an exemption pursuant to CEQA Guidelines § 15182. Second, by failing to prepare a construction or operational HRA for existing sensitive receptors, the Project is inconsistent with recommendations set forth by the Office of Environmental Health Hazard Assessment ("OEHHA"), the organization responsible for providing recommendations for health risk assessments in California. In February of 2015, OEHHA released its most recent Risk Assessment c a� Guidelines: Guidance Manual for Preparation of Health Risk Assessments, which was formally adopted in March of 2015.1 This guidance document describes the types of projects that warrant the preparation of an HRA. Construction of the Project will produce emissions of diesel particulate matter ("DPM"), a E human carcinogen, through the exhaust stacks of construction equipment. The OEHHA document U recommends that all short-term projects lasting at least two months be evaluated for cancer risks to nearby sensitive receptors.' Although the Project documents fail to disclose the anticipated duration of WJ construction, we can reasonably assume that it will last over two months, given the Project will require site preparation, grading, building construction and architectural coating for the new buildings, and E paving throughout the site. Furthermore, once construction of the Project is complete, the Project will E 0 operate for a long period of time. During operation, the Project will generate vehicle and truck trips, v Q which will produce additional exhaust emissions, thus continuing to expose nearby sensitive receptors z D to emissions. The OEHHA document recommends that exposure from projects lasting more than six -J months should be evaluated for the duration of the project, and recommends that an exposure duration a of 30 years be used to estimate individual cancer risk for the maximally exposed individual resident = ("MEIR").10 Even though the Project documents fail to provide the expected lifetime of the Project, we can reasonably assume that the Project will operate for at least 30 years, if not more. Therefore, we E recommend that health risk impacts from Project operation also be evaluated, as a 30-year exposure v �r duration exceeds the 2-month and &month requirements set forth by OEHHA. Therefore, per OEHHA guidelines, we recommend that health risk impacts from Project construction and operation be c evaluated in a CEQA analysis. N Sri Finally, by claiming a less than significant impact without conducting a quantified HRA for nearby, existing sensitive receptors as a result of Project construction and operation, the Project fails to E compare the excess health risk to the BAAQMD's specific numeric threshold of 10 in one million." Thus, the Project cannot conclude a less than significant health risk impact resulting from Project construction d and operation without quantifying the Project's excess cancer risk to compare to the proper threshold, as recommended by the lead agency for the Project. $ OEHHA (February 2015) Risk Assessment Guidelines Guidance Manual for Preparation of Health Risk Assessments, http://bit.ly/2sAKySW. ' Ibid, p. 8-18. to Ibid., p. 8-6, 845 11 CITATION Packet Pg. 22 screening -Level Analysis Demonstrates Significant Impacts In an effort to demonstrate the potential risk posed by the Project to nearby sensitive receptors, we prepared a simple screening -level HRA. The results of our assessment, as described below, demonstrate that construction and operational DPM emissions may result in a potentially significant health risk impact that was not previously identified or evaluated by the Hearing Notice. In order to conduct our screening level risk assessment, we relied upon AERSCREEN, which is a screening -level air quality dispersion model.12The model replaced SCREEN3, which is included in OEHHAi3 and California Air Pollution Control Officers Association (CAPCOA)' guidance as the appropriate air dispersion model for Level 2 health risk screening assessments ("HRSAs"). A Level 2 0 HRSA utilizes a limited amount of site -specific information to generate maximum reasonable downwind = concentrations of air contaminants to which nearby sensitive receptors may be exposed. If an unacceptable air quality hazard is determined to be possible using AERSCREEN, a more refined modeling E approach is required prior to approval of the Project. v We prepared a SWAPE CaIEEMod model for the Project, using the Project -specific information provided by the Hearing Notice. We included the land use types and sizes as indicated and left all other values as defaults. Utilizing this model, we prepared a preliminary health risk screening assessment of the Project's construction and operational impacts to sensitive receptors using the annual emissions estimates from SWAPE's air model. Review of Google Earth demonstrates that the nearest sensitive receptor is located less than 50 meters west of the Project site. Consistent with recommendations set forth by OEHHA, we used a residential exposure duration of 30 years, starting from the third trimester of pregnancy. We also assumed that construction and operation of the Project would occur sequentially, with no gaps between each Project phase. Our calculated annual emissions indicate that construction activities will generate approximately 249 pounds of DPM over a 416-day default construction period. The AERSCREEN model relies on a continuous average emissions rate to simulate maximum downwind concentrations from point, area, and volume emissions sources. To account for the variability in construction equipment usage over the many phases of Project construction, we calculated an average DPM emission rate for construction by the following equation. gramsl _ 249.21bs 453.E grams lday Emission Rate second/ 416 days x lb x 24 hours x 1 hour 3,600 seconds 0.00315 'g�s Using this equation, we estimated a construction emission rate of 0.00315 grams per second Subtracting the 416-day construction duration from the total residential exposure duration of 30 years, we assumed that after Project construction, the MEIR would be exposed to the Project's operational DPM emissions for an additional 28.86 years approximately. The operational CaIEEMod model's annual iz "AERSCREEN Released as the EPA Recommended Screening Model," USEPA, April 11, 2011, available at: htta://www.epa.aov/ttn/scram/euidance/clarification/20110411 AERSCREEN Release Memo.pdf 13 "Risk Assessment Guidelines Guidance Manual for Preparation of Health Risk Assessments." OEHHA, February 2015, available at: http://oehha.ca.gov/air/hot spots/2015/2015GuidanceManual.pdf. 'a "Health Risk Assessments for Proposed Land Use Projects;' CAPCOA, July 2009, available at: http://www.capcoa.org/wp-content/uploads/2012/03/CAPCOA HRA LU Guidelines &&09.pdf emissions indicate that operational activities will generate approximately 44 pounds of DPM per year. Applying the same equation used to estimate the construction DPM emission rate, we estimated the following emission rate for Project operation. grams 43.8 Ibs 453.6 grams 1 day 1 hour / Emission Rate ( )= x x x N 0.00063 9 s second 365 days lb 24 hours 3,600 seconds Using this equation, we estimated an operational emission rate of 0.00063 g/s. Construction and operational activity was simulated as a 0.91-acre rectangular area source in AERSCREEN, with dimensions of 102 meters by 36 meters. A release height of three meters was selected to represent the height of exhaust stacks on construction equipment and other heavy-duty vehicles, and an initial vertical 0 dimension of one and a half meters was used to simulate instantaneous plume dispersion upon release. _ ca An urban meteorological setting was selected with model -default inputs for wind speed and direction M distribution. M v Ak LM The AERSCREEN model generates maximum reasonable estimates of single -hour DPM concentrations from the Project site. EPA guidance suggests that in screening procedures, the annualized average low concentration of an air pollutant be estimated by multiplying the single -hour concentration by 10%." As previously stated, there are residential receptors located approximately 50 meters from the Project E boundary. The single -hour concentration estimated by AERSCREEN for Project construction is 0 approximately 18.74 µg/m3 DPM at approximately 50 meters downwind. Multiplying this single -hour z concentration by 10%, we get an annualized average concentration of 1.874 µg/m3 for Project D construction at the nearest residential sensitive receptor. For Project operation, the single -hour J concentration estimated by AERSCREEN is 3.75 µg/m3 DPM at approximately 50 meters downwind. c Multiplying this single -hour concentration by 10%, we get an annualized average concentration of 0.375 X µg/m3 for Project operation at the nearest residential sensitive receptor. M E 0 We calculated the excess cancer risk to the residential receptors located closest to the Project site using v applicable HRA methodologies prescribed by OEHHA and the BAAQMD. Consistent with the CalEEMod default construction schedule for the Project, the annualized average concentration for construction N was used for the entire third trimester of pregnancy (0.25 years) and the first 0.89 years of the infantile N stage of life (0 — 2 years). The annualized average concentration for operation was used for the v; remainder of the 30-year exposure period, which makes up the remainder of the infantile stage of life (2 d —16 years), child stage of life (2 —16 years) and adult stage of life (16 — 30 years). Consistent with E OEHHA and BAAQMD guidance, we used Age Sensitivity Factors ("ASFs") to account for the heightened Q is "Screening Procedures for Estimating the Air Quality Impact of Stationary Sources Revised:' EPA, 1992, available at: http://www.epa.sov/ttn/scram/euidance/suide/EPA-454R-92-019 OCR.pdf: see also "Risk Assessment Guidelines Guidance Manual for Preparation of Health Risk Assessments." OEHHA, February 2015, available at. https://oehha.ca.gov/media/downloads/crnr/2015suidancemanual.pdf p. 4-36. susceptibility of young children to the carcinogenic toxicity of air pollution. 16,1' According to the most updated guidance, quantified cancer risk should be multiplied by a factor of ten during the third trimester of pregnancy and during the first two years of life (infant) and should be multiplied by a factor of three during the to stage of life (2 to 16 years). Furthermore, in accordance with guidance set forth by OEHHA, we used the 95th percentile breathing rates for infants.18 Finally, according to BAAQMD guidance, we used a Fraction of Time At Home ("FAH") value of 0.85 for the 3rd trimester and infant receptors, 0.72 for child receptors, and 0.73 for the adult receptors.19 We used a cancer potency factor of 1.1 (mg/kg-day)-1 and an averaging time of 25,550 days. Consistent with OEHHA guidance, exposure to the sensitive receptor was assumed to begin in the third trimester to provide the most conservative estimate of air quality hazards. The results of our calculations are shown below. The Closest Exposed Individual at an Existing Residential Receptor Construction 0.25 1.874 361 2.2E-06 10 2.2E-05 3rd 3rd Trimester 0.25 2.2E-06 Trimester 2.2E-05 Duration Exposure Construction 0.89 1.874 1090 2.3E-05 10 2.3E-04 Operation 1.11 0.375 1090 5.8E-06 10 5.8E-05 Infant Exposure Infant 2.00 2.9E-05 2.9E-04 Duration Exposure Operation 14.00 0.375 572 3.3E-05 3 9.8E-05 Child Exposure Child 14.00 3.3E-O5 9.8E-05 Duration Exposure Operation 14.00 0.375 261 1.5E-05 1 1.5E-05 Adult Exposure 14.00 1.5E-05 Adult 1.5E-05 Duration Exposure ry is "Risk Assessment Guidelines Guidance Manual for Preparation of Health Risk Assessments." OEHHA, Februa 2015, available at: https://oehha.ca.gov/media/downloads/crnr/2015guidancemanual.pdf. 17 "California Environmental Quality Act Air Quality Guidelines." BAAQMD, May 2017, available at: http://www.baagmd,gov/^'/media/files/planning-and-research/cega/cega guidelines may2017-pdf.pdf?la=en, P. 545. 11 "Supplemental Guidelines for Preparing Risk Assessments for the Air Toxics'Hot Spots' Information and Assessment Act," June S. 2015, available at: http://www.agmd.gov/dots/default-source/planning/risk- assessment/ab2588-risk-assessment-guidelines.pdf?sfvrsn=6, p. 19. "Risk Assessment Guidelines Guidance Manual for Preparation of Health Risk Assessments." OEHHA, February 2015, available at: https:Hoehha.ca.gov/media/downloads/crnr/2015guidancemanual.pdf 19 "Air Toxics NSR Program Health Risk Assessment (HRA) Guidelines." BAAQMD, January 2016, available at: httr)://www.baaamd,aov/�/media/files/planning-and-research/rules-and-regs/workshops/2016/reg-2-5/hrarel - uidelines clean ian 2016-pdf.pdf?la=en Packet_Pg.230 5.1.e Lifetime Exposure Lifetime MOO 7.9E-05 4.3E-04 Duration Exposure * We, along with CARB and BAAQMD, recommend using the more updated and health protective 2015 OEHHA guidance, which includes ASFs. As demonstrated in the table above, the excess cancer risk to adults, children, infants, and during the 3rd trimester of pregnancy at the closest residential receptor located approximately 50 meters away, over the course of Project construction and operation, utilizing age sensitivity factors, are approximately 15, 98, 290, and 22 in one million, respectively. The excess cancer risk over the course of a residential lifetime (30 years), utilizing age sensitivity factors, is approximately 430 in one million. The infant, child, and lifetime cancer risks all exceed the BAAQMD threshold of 10 in one million, thus resulting in a potentially significant impact not previously addressed or identified. Utilizing age sensitivity factors is the most conservative, health -protective analysis according to the most recent guidance by OEHHA and recommendations from the air district. Results without age sensitivity factors are presented in the table above, although we do not recommend utilizing these values for health risk analysis. Regardless, the excess cancer risk posed to adults, children, infants, and during the third trimester of pregnancy at the maximally exposed residential receptor, located approximately 50 meters away, over the course of Project construction and operation, without age sensitivity factors, are approximately 15, 33, 29, and 2.2 in one million, respectively. The excess cancer risk over the course of a residential lifetime (30 years) at the maximally exposed residential receptor, without age sensitivity factors, is approximately 79 in one million. The child and lifetime cancer risks, without age sensitivity factors, exceed the BAAQMD threshold of 10 in one million, thus resulting in a potentially significant impact not previously addressed or identified. While we recommend the use of age sensitivity factors, health risk impacts exceed the BAAQMD threshold regardless. An agency must include an analysis of health risks that connects the Project's air emissions with the health risk posed by those emissions. Our analysis represents a screening -level HRA, which is known to be conservative and tends to err on the side of health protection. 20 The purpose of the screening -level construction HRA shown above is to demonstrate the link between the proposed Project's emissions and the potential health risk. Our screening -level HRA demonstrates that construction of the Project could result in a potentially significant health risk impact, when correct exposure assumptions and up- to-date, applicable guidance are used. Therefore, since our screening -level construction HRA indicates a potentially significant impact, the City should prepare a CEQA analysis with a revised HRA which makes a reasonable effort to connect the Project's air quality emissions and the potential health risks posed to nearby receptors. Thus, the City should prepare an updated, quantified air pollution model as well as an updated, quantified refined health risk assessment which adequately and accurately evaluates health risk impacts associated with both Project construction and operation. 20 "Risk Assessment Guidelines Guidance Manual for Preparation of Health Risk Assessments." OEHHA, February 2015, available at: https;//oehha.ca.aov/media/downloads/crnr/2015guidancemanual.pdf, p. 1-5 ce Failure to Consider Impacts from Nearby Projects Furthermore, the Hearing Notice fails to evaluate the cumulative health risk posed to nearby sensitive receptors. Additionally, the DDSP DEIR failed to evaluate the health risk posed to nearby sensitive receptors as a result of construction and operation of the entire Specific Plan area. As a result, the cumulative risk posed to the nearest sensitive receptor to the proposed Project in conjunction with the surrounding existing and foreseeable sources of toxic air contaminants ("TACs") is unknown. Therefore, the proposed Project may result in a significant health risk impact that has not been evaluated by the Hearing Notice or the DDSP DEIR. According to CECW Guidelines § 15355, "`Cumulative impacts"' refers to two or more individual effects which, when considered together, are considerable or which compound or increase other environmental impacts".21 CEQA Guidelines § 15064(h)(1) goes onto say, "The cumulative impact from several projects is the change in the environment which results from the incremental impact of the project when added to other closely related past, present, and reasonably foreseeable probable future projects. Cumulative impacts can result from individually minor but collectively significant projects taking place over a period of time".22 Thus, in addition to the Project's individual health risk impact significance, the proposed Project may also result in a cumulatively considerable impact when considered in conjunction with the construction and operation of nearby proposed projects. For example, the City of Dublin proposes to construct several other projects near the site, including: the proposed Corrie Center SDR (Office Building), the proposed Saint Patrick Way SDR, the proposed Fountainhead Montessori, the proposed building at 7505 Dublin Boulevard SDR, as well as the proposed Randeri 7400 Amador Valley Boulevard SDR. In addition, the Project site is located in close proximity to several existing projects, including: the Holiday Inn Hotel, a Shell gas station, a Chevron gas station, Xpress Dry Cleaners, O'Reilly Auto Parts, Dublin Collision Repair auto body shop, Kelly -Moore Paints, as well as several schools and residential apartment and condo buildings. Therefore, construction and operation of the Cambria Hotel Project will occur in conjunction with the construction and operation of these other proposed and existing projects. Per CEQA Guidance, the cancer risk associated with these existing sources should be quantified and assessed with the lifetime cancer risk of the Project. Failure to quantify the cumulative risk leads to an underestimation of the actual risk posed to the nearby sensitive receptors. Prior to Project Approval, the cumulative health risk should be evaluated and compared to BAAQMD thresholds in aproject-specific EIR. zi"CECW Guidelines for Cumulative and Indirect Impacts." California Department of Transportation, March, 2016, available at: http://www.dot.ca.gov/ser/cumulative guidance/cega guidelines.htm zz "ac A Guidelines for Cumulative and Indirect Impacts. " California Department of Transportation, March, 2014, available at: http://www.dot.ca.gov/ser/cumulative guidance/cega guidelines.htm Packet Pg. 232 ree ho se has failure to Adequately Evaluate the Project's Greenhouse Gas Impacts As previously discussed, the proposed Project incorrectly claims exemption pursuant to CEClA Guidelines § 15182. However, the Project fails to demonstrate compliance with the DDSP, as stated in the Hearing Notice. Specifically, according to the DDSP DEIR, "Criteria for Determining Significance In accordance with CEClA, State CEQA Guidelines, and agency and professional standards, a project impact would be considered significant if the project would:... • Generate greenhouse gas emissions, either directly or indirectly, that may have a significant a impact on the environment. For the purposes of this EIR, a significant impact will result if a = Specific Plan conflicts with or obstructs the implementation of greenhouse gas reduction measures under AB 32; and/or conflicts with an applicable plan, policy or regulation E adopted for the purpose of reducing the emissions of greenhouse gases" (DDSP, p. 3-30)s v LW a� The DDSP DEIR goes on to state, � d J "Future projects within the City, including within the project area, would be reviewed on a project -by -project basis to ensure their compliance with the City's policies and to determine if E E any impacts would occur beyond those already identified in this EIR" (DDSP, pp. 78). �° Q Thus, the Project fails to demonstrate compliance with the DDSP for several reasons. a J First, the Project documents fail to demonstrate that the Project will not have a significant impact on the d environment. Without an evaluation of the proposed Project's greenhouse gas impacts we are unable to = verify that the proposed Project will not result in a significant impact. Rather, our analysis, detailed L below, indicates that the proposed Project may result in a significant GHG impact not previously E M identified or addressed in the Hearing Notice or DDSP. v M* N Second, AB 32 is outdated and no longer applies to the Project. As AB 32 only contained reduction goals o through 2020, it does not apply to the proposed Project, that is not expected to begin construction until o at least mid-2020,23 Without any further reduction goals beyond 2020, this does not apply to the Na v proposed Project. a� Third, the Project fails to conduct a project -specific GHG analysis evaluating applicable plans, policies, v and regulations adopted for the purpose of reducing the emissions of greenhouse gasses. As a result, we cannot verify that the Project has less than significant GHG impacts. Thus, we recommend that the a Project not be approved until further analysis and potential mitigation measures are evaluated and disclosed for the Project. zs "Assembly Bill No. 32." availpble at: http://www.lesinfo.ca.�ov/pub/05-06/bill/asm/ab 0001- 0050/ab 32 bill 20060927 chaptered.pdf, p. 89. 12 5.1.e Screening Level Analysis indicates a Potentially Significant GHG IufiiPact Applicable thresholds and modeling demonstrate that the proposed Project may result in a potentially significant GHG impact not previously identified or addressed by the Hearing Notice. The CalEEMod output files, modeled by SWAPE utilizing Project -specific information as disclosed in the Hearing Notice, quantify the Project's emissions, which include approximately 380 MT CO2e/year of total construction emissions (sum of emissions from 2020 and 2021) and approximately 1,570 MT CO2e/year of annual operational emissions (sum of area, energy, mobile, waste, and water -related emissions). When we compare the Project's GHG emissions, including construction emissions amortized over 30 years and operational emissions, to the BAAQMD bright -line threshold of 1,100 MT CO2e/year'24 we find that the Project's GHG emissions exceed the threshold (see table below). Annual Greenhouse Gas'. Emissions Proposed Project Phase Project (MT CO2e/year) Construction (amortized over 30 years) 12.65 Area 0.0079 Energy 579.46 Mobile 941.52 Waste 37.99 Water 10.7 Total 10582933 Threshold 11100 Exceed? Yes As demonstrated in the table below, the proposed Project would generate approximately 1,582 MT CO2e/year, which exceeds the BAAQMD's 1,100 MT CO2e/year threshold. Hence, a service population analysis is warranted. According to CAPCOA's CEQA & Climate Change report, service population is defined as "the sum of the number of residents and the number of jobs supported by the project."25 Review of the DDSP EIR demonstratres that Retail/Office land uses, including "[s]hopping centers, stores, restaurants, business and professional offices, motels, service stations, and auto part sales," are expected to have an employee density of 200 to 450-SF per employee. Thus, conservatively assuming 450-SF per employee, the Project would result in approximately 199 new jobs. As the Project does not propose any residential land uses, we assumed that the Project will not result in any new residents. Thus, the Project is estimated to have a service population of 199.26 When dividing the Project's GHG emissions by a service population value of 199 people, we find that the Project would emit z4 "California Environmental Quality Act Air Quality Guidelines." BAAQMD, May 2017, available at: http://www.baagmd.eov/^'/media/files/planning-and-research/cega/cega euidelines mav2017-pdf.pdf?la=en, p. 2-4. 25 CAPCOA (Jan. 2008) CEQA & Climate Change, p. 71-72, http://www.capcoa.ors/wp- content/u ploads/2012/03/CAPCOA-White-Paper. pdf. z6 Calculated: (199 employees) + (0 residents) = (199 service population). 13 5.1.e approximately 8 MT COze/SP/year. 27 The BAAQMD regularly utilizes a substantial progress population efficiency target goal of 2.6 MT CO2e/SP/year for target year 2030.28 Using this threshold, we find that the Project would result in a potentially significant GHG impact (see table below). SWAPE Greenhouse Gas Emissions Project Phase Proposed Project (MT CO2e/year) Annual Emissions 1,582.33 Service Population 199 Service Population Efficiency 7.95 Threshold Exceed? 2.6 Yes As the table above demonstrates, when correct input parameters are used to model Project emissions, the Project's total GHG emissions exceed the "Substantial Progress" efficiency threshold for 2030 of 2.6 AT COze/SP/year, thus resulting in a significant impact not previously assessed or identified in the Hearing Notice. As a result, an updated GHG analysis should be prepared in a Project -specific EIR and additional mitigation should be incorporated into the Project. Feasible IVliti�atiorl Measures Available to Reduce Constructio�z Ett�issions Our analysis demonstrates that, when Project activities are modeled, construction emissions would result in potentially significant impacts. Therefore, additional mitigation measures must be identified and incorporated in an updated EIR to reduce these emissions to a less than significant level. Additional mitigation measures can be found in CAPCOA's Quantifying Greenhouse Gas Mitigation Measures, which attempt to reduce GHG levels, as well as reduce criteria air pollutants such as particulate matter and NOx.29 DPM and NO,, are a byproduct of diesel fuel combustion and are emitted by on -road vehicles and by off -road construction equipment. Mitigation for criteria pollutant emissions should include consideration of the following measures in an effort to reduce construction emissions.so 27 Calculated: (1,582.33 MT COze/year) / (199 service population) _ (7.95 MT COze/SP/year). 28 "Final White Paper Beyond 2020 and Newhall." Association of Environmental Professionals (AEP), October 2016, available at: https://califaep.ore/docs/AEP-2016 Final White Paper.pdf, p. 40; see also Santa Clara University Housing Air Quality & Greenhouse Gas Assessment, October 2019, available at: https://www.sanioseca.gov/Home/ShowDocument?id=45718, see also Facebook Campus Expansion Project Draft Environmental Impact Report, City of Menlo Park, May 2016, available at: https://www.menlor)ark.org/DocumentCenter/View/10286/ChO3-05 GHG Draft-EIR?bidld= zshttp://www.capcoa.orE/wp-content/uploads/2010/11/CAPCOA-Quantification-Report-9-14-Final pdf so For measures to reduce operational DPM emissions, see section titled "Additional Feasible Mitigation Measures Available to Reduce Operational Emissions" on p. 25 of this letter. These measures would effectively reduce operational VOC and NOx emissions, DPM emissions, as well as GHG emissions. NMI Require Implementation of Diesel Control Measures The Northeast Diesel Collaborative (NEDC) is a regionally coordinated initiative to reduce diesel emissions, improve public health, and promote clean diesel technology. The NEDC recommends that contracts for all construction projects require the following diesel control measures: 31 • All diesel generators on site for more than 10 total days must be equipped with emission control technology verified by EPA or CARB to reduce PM emissions by a minimum of 85 percent. • All diesel vehicles, construction equipment, and generators on site shall be fueled with ultra -low sulfur diesel fuel (ULSD) or a biodiesel blend32 approved by the original engine manufacturer with sulfur content of 15 parts per million (ppm) or less. Repower or Replace Older Construction Equipment Engines The NEDC recognizes that availability of equipment that meets the EPA's newer standards is limited." Due to this limitation, the NEDC proposes actions that can be taken to reduce emissions from existing equipment in the Best Practices for Clean Diesel Construction report.34 These actions include but are not limited to: • Repowering equipment (i.e. replacing older engines with newer, cleaner engines and leaving the body of the equipment intact). Engine repower may be acost-effective emissions reduction strategy when a vehicle or machine has a long useful life and the cost of the engine does not approach the cost of the entire vehicle or machine. Examples of good potential replacement candidates include marine vessels, locomotives, and large construction machines.35 Older diesel vehicles or machines can be repowered with newer diesel engines or in some cases with engines that operate on alternative fuels. The original engine is taken out of service and a new engine with reduced emission characteristics is installed. Significant emission reductions can be achieved, depending on the newer engine and the vehicle or machine's ability to accept a more modern engine and emission control system. It should be noted, however, that newer engines or higher tier engines are not necessarily cleaner engines, so it is important that the Project Applicant check the actual emission standard level of the current (existing) and new engines to ensure the repower product is reducing emissions for DPM.36 • Replacement of older equipment with equipment meeting the latest emission standards. 31 Diesel Emission Controls in Construction Projects, available at: http://www2.epa.gov/sites/production/files/2015-09/documents/nedc-model-contract-sepcification.pdf 32 Biodiesel lends are only to be used in conjunction with the technologies which have been verified for use with biodiesel blends and are subject to the following requirements: http://www.arb.ca.gov/diesel/verdey/reg/biod ieselcompliance.pdf 33http://northeastd iesel.org/pdf/BestPractices4CIeanDieselConstructionAug2012.pdf 3lhttp://northeastdiesel.org/pdf/BestPractices4CIeanDieselConstructionAug2012.pdf 3s Repair, Rebuild, and Repower, EPA, available at:https://www.epa.goy/verified-diesel-tech/learn-about-verified- technologies-clean-diesel#repair 36 Diesel Emissions Reduction Program (DERA): Technologies, Fleets and Projects Information, available at. http:Hwww2.epa.gov/sites/production/files/2015-09/documents/420p11001.pdf 15 Packet Pg. 236 Engine replacement can include substituting a cleaner highway engine for a nonroad engine. Diesel equipment may also be replaced with other technologies or fuels. Examples include hybrid switcher locomotives, electric cranes, LNG, CNG, LPG or propane yard tractors, forklifts or loaders. Replacements using natural gas may require changes to fueling infrastructure.37 Replacements often require some re -engineering work due to differences in size and configuration. Typically, there are benefits in fuel efficiency, reliability, warranty, and maintenance costs.38 Install Retrofit Devices on Existing Construction Eglti,pment PM emissions from alternatively -fueled construction equipment can be further reduced by installing retrofit devices on existing and/or new equipment. The most common retrofit technologies are retrofit devices for engine exhaust after -treatment. These devices are installed in the exhaust system to reduce emissions and should not impact engine or vehicle operation. 39 It should be noted that actual emissions reductions and costs will depend on specific manufacturers, technologies and applications. Use Electric ar�d Hybrid Construction Eguipn�ent CAPCOA's Quantifying Greenhouse Gas Mitigation Measures40 report also proposes the use of electric and/or hybrid construction equipment to mitigate DPM emissions. When construction equipment is powered by grid electricity rather than fossil fuel, direct emissions from fuel combustion are replaced with indirect emissions associated with the electricity used to power the equipment. Furthermore, when construction equipment is powered by hybrid -electric drives, emissions from fuel combustion are also greatly reduced. Electric construction equipment is available commercially from companies such as Peterson Pacific Corporation,41 which specialize in the mechanical processing equipment like grinders and shredders. Construction equipment powered by hybrid -electric drives is also commercially available from companies such as Caterpillar.42 For example, Caterpillar reports that during an &hour shift, its D7E hybrid dozer burns 19.5 percent fewer gallons of fuel than a conventional dozer while achieving a 10.3 percent increase in productivity. The WE model burns 6.2 gallons per hour compared to a conventional dozer which burns 7.7 gallons per hour.43 Fuel usage and savings are dependent on the make and model of the construction equipment used. The Project Applicant should calculate project - specific savings and provide manufacturer specifications indicating fuel burned per hour. 37 Alternative Fuel Conversion, EPA, available at: https://www3.epa.goy/otag/consumer/fuels/altfuels/altfuels.htm#fact 38 Cleaner Fuels, EPA, available at:https://www.epa.gov/verified-diesel-tech/learn-about-verified-technologies- clean-diesel#cleaner s9 Retrofit Technologies, EPA, available at:https://www.epa.gov/verified-diesel-tech/learn-about-verified- technologies-clean-diesel#retrofit aOhttp://www.capcoa.org/wp-content/uploads/2010/11/CAPCOA-Quantification-Report-9-14-Final.pdf ai Peterson Electric Grinders Brochure, available at.shtto://www.petersoncorp.com/wp- content/uploads/peterson electricgrindersl.pdf a2 Electric Power Products, available atohttp://www.cat.com/en US/products/new/power-systems/electric-power- generation.html a'http://www.capcoa.org/wp-content/uploads/2010/11/CAPCOA-Qua ntification-Report-9-14-Final.pdf Packet Pg. 237 5.1.e Implement a Construction Vehicle Inventory Tracking System CAPCOA's Quantifying Greenhouse Gas Mitigation Measures" report recommends that the Project Applicant provide a detailed plan that discusses a construction vehicle inventory tracking system to ensure compliances with construction mitigation measures. The system should include strategies such as requiring engine run time meters on equipment, documenting the serial number, horsepower, manufacture age, fuel, etc. of all onsite equipment and daily logging of the operating hours of the equipment. Specifically, for each on -road construction vehicle, nonroad construction equipment, or generator, the contractor should submit to the developer's representative a report prior to bringing said equipment on site that includes:as • Equipment type, equipment manufacturer, equipment serial number, engine manufacturer, 0 engine model year, engine certification (Tier rating), horsepower, and engine serial number. _ • The type of emission control technology installed, serial number, make, model, manufacturer, and EPA/CARE verification number/level. M • The Certification Statement46 signed and printed on the contractor's letterhead. Furthermore, the contractor should submit to the developer's representative a monthly report that, for each on -road construction vehicle, nonroad construction equipment, or generator onsite, includes: 47 • Hour -meter readings on arrival on -site, the first and last day of every month, and on off -site date. • Any problems with the equipment or emission controls. • Certified copies of fuel deliveries for the time period that identify: o Source of supply o Quantity of fuel o Quality of fuel, including sulfur content (percent by weight) In addition to these measures, we also recommend that the Project implement the following mitigation measures, called "Enhanced Exhaust Control Practices,"48 that are recommended by the Sacramento Metropolitan Air Quality Management District (SMAQMD): 1. The project representative shall submit to the lead agency a comprehensive inventory of all off - road construction equipment, equal to or greater than 50 horsepower, that will be used an aggregate of 40 or more hours during any portion of the construction project. • The inventory shall include the horsepower rating, engine model year, and projected hours of use for each piece of equipment. 44http://www.capcoa.org/wp-content/uploads/2010/11/CAPCOA-Quantification-Report-9-14-Final.pdf ns Diesel Emission Controls in Construction Projects, available at: http://www2.epa.gov/sites/production/files/2015-09/documents/nedc-model-contract-sepcification.pdf ae Diesel Emission Controls in Construction Projects, available at:http://www2.epa.gov/sites/production/files/2015-09/documents/nedc-model-contract-sepcification.pdf The NEDC Model Certification Statement can be found in Appendix A. a7 Diesel Emission Controls in Construction Projects, available at: http://www2.epa.gov/sites/production/files/2015-09/documents/nedc-model-contract-sepcification.pdf 4lhttp://www.airguality.org/cega/Ch3 Enhanced ExhaustControl 10-2013.pdf 17 Packet Pg. 238 • The project representative shall provide the anticipated construction timeline including start date, and name and phone number of the project manager and on -site foreman. • This information shall be submitted at least 4 business days prior to the use of subject heavy-duty off -road equipment. • The inventory shall be updated and submitted monthly throughout the duration of the project, except that an inventory shall not be required for any 30-day period in which no construction activity occurs. 2. The project representative shall provide a plan for approval by the lead agency demonstrating that the heavy-duty off -road vehicles (50 horsepower or more) to be used in the construction project, including owned, leased, and subcontractor vehicles, will achieve a project wide fleet - average 20% NOX reduction and 45% particulate reduction compared to the most recent California Air Resources Board (ARB) fleet average. • This plan shall be submitted in conjunction with the equipment inventory. • Acceptable options for reducing emissions may include use of late model engines, low - emission diesel products, alternative fuels, engine retrofit technology, after -treatment products, and/or other options as they become available. • The District's Construction Mitigation Calculator can be used to identify an equipment fleet that achieves this reduction. 3. The project representative shall ensure that emissions from all off -road diesel -powered equipment used on the project site do not exceed 40% opacity for more than three minutes in any one hour. • .Any equipment found to exceed 40 percent opacity (or Ringelmann 2.0) shall be repaired immediately. Non -compliant equipment will be documented and a summary provided to the lead agency monthly. • A visual survey of all in -operation equipment shall be made at least weekly. • A monthly summary of the visual survey results shall be submitted throughout the duration of the project, except that the monthly summary shall not be required for any 30-day period in which no construction activity occurs. The monthly summary shall include the quantity and type of vehicles surveyed as well as the dates of each survey. 4. The District and/or other officials may conduct periodic site inspections to determine compliance. Nothing in this mitigation shall supersede other District, state or federal rules or regulations. Use of Spray Equipment with Greater Transfer Efficiencies Various coatings and adhesives are required to be applied by specified methods such as electrostatic spray, high -volume, low-pressure (HVLP) spray, roll coater, flow coater, dip coater, etc, in order to maximize the transfer efficiency. Transfer efficiency is typically defined as the ratio of the weight of coating solids adhering to an object to the total weight of coating solids used in the application process, expressed as a percentage. When it comes to spray applications, the rules typically require the use of Packet Pg_239 i' 5.1.e either electrostatic spray equipment or HVLP spray equipment. The SCAQMD is now able to certify HVLP spray applicators and other application technologies at efficiency rates of 65 percent or greater.49 These measures offer acost-effective, feasible way to incorporate lower -emitting equipment into the Project's construction fleet, which subsequently reduces construction emissions. A revised EIR should be prepared to include additional mitigation measures, as well as include an updated air quality assessment to ensure that the necessary mitigation measures are implemented to reduce construction emissions. Furthermore, the updated EIR should demonstrate commitment to the implementation of these measures prior to Project approval to ensure that the Project's construction -related emissions are reduced to the maximum extent possible. c Feasible Mitigation Measures Available to Reduce Operational Emissions Our analysis demonstrates that the Project's air quality and GHG emissions may result in potentially E significant impacts. In an effort to reduce the Project's operational emissions, we identified several v LM mitigation measures that are applicable to the Project. Feasible mitigation measures can be found in CAPCOA's Quantifying Greenhouse Gas Mitigation Measures, which attempt to reduce GHG levels, as well as criteria air pollutants, such as particulate matter emissions.50 Therefore, to reduce the Project's d operational emissions, consideration of the following measures should be made: E E 0 • Integrate affordable and below market rate housing v Q z • Energy -related mitigation: a o Install programmable thermostat timers o Establish onsite renewable energy systems, including solar power and wind power 4) 0 o Limit outdoor lighting requirements = 0 o Reduce unnecessary outdoor lighting by utilizing design features such as limiting the s hours of operation of outdoor lighting. E �a o Provide education on energy efficiency to residents, customers, and/or tenants. Provide v information on energy management services for large energy users. o Meet "reach" goals for building energy efficiency and renewable energy use. N o Limit the use of outdoor lighting to only that needed for safety and security purposes. N o Require use of electric or alternatively fueled sweepers with HEPA filters. 'n w o Include energy storage where appropriate to optimize renewable energy generation = aD systems and avoid peak energy use. E o Prohibit gas powered landscape equipment and implement electric yard equipment .a compatibility Q • Transportation -related mitigation: o Provide EV parking o Require residential area parking permits o Implement ride -sharing, vanpool, shuttle, bike -sharing programs 49 so http://www.agmd.�ov/home/permits/spray-eauipment-transfer-efficiency http://www.capcoa.ors/wp-content/uploads/2010/11/CAPCOA-Quantification-Report-9-14-Final.pdf 19 5.1.e o Provide bike parking near transit o Provide local shuttles o Implement area or cordon pricing o Install a park -and -ride lot • Water -related mitigation: o Install an infiltration basin to provide an opportunity for 100% of the storm water to infiltrate on -site. o Install a system to reutilize gray water o Use locally -sourced water supply o Plant native and drought -resistant trees and vegetation • Develop and follow a "green streets guide" that requires: o Use of minimal amounts of concrete and asphalt; o Use of groundcovers rather than pavement to reduce heat reflection.51 • Implement Project design features such as: o Shade HVAC equipment from direct sunlight; o Install high4bedo white thermoplastic polyolefin roof membrane; o Install formaldehyde -free insulation; and o Use recycled -content gypsum board. o Require all buildings to become "LEED" and "WELL" certified. • Plant lowNOC emitting shade trees, e.g., in parking lots to reduce evaporative emissions from parked vehicles. Finally, the Kimball Business Park Project Final Environmental Impact Report includes various feasible mitigation measures that would reduce on -site area emissions that are applicable to the proposed Project's retail land use, and include, but are not limited to;51 • Increase in insulation such that heat transfer and thermal bridging is minimized. • Limit air leakage through the structure and/or within the heating and cooling distribution system. • Installation of dual -paned or other energy efficient windows. • Installation of automatic devices to turn off lights where they are not needed. These measures offer acost-effective, feasible way to incorporate lower -emitting design features into the proposed Project, which subsequently, reduces emissions released during Project operation. An updated EIR should be prepared to include additional mitigation measures, as well as include an updated air quality analysis to ensure that the necessary mitigation measures are implemented to reduce emissions to below thresholds. The EIR also should demonstrate commitment to the s1 Cool Houston Plan; http://www.harcresearch.ors/sites/default/files/documents/projects/CoolHoustonPlan 0 pdf sz Mitigation Monitoring Plan for the Kimball Business Park Project Final Environmental Impact Report, July 2016. 20 5.1.e implementation of these measures prior to Project approval, to ensure that the Project's significant emissions are reduced to the maximum extent possible. SWAPE has received limited discovery regarding this project. Additional information may become available in the future; thus, we retain the right to revise or amend this report when additional information becomes available. Our professional services have been performed using that degree of care and skill ordinarily exercised, under similar circumstances, by reputable environmental consultants practicing in this or similar localities at the time of service. No other warranty, expressed or implied, is made as to the scope of work, work methodologies and protocols, site conditions, analytical testing results, and findings presented. This report reflects efforts which were limited to information that was reasonably accessible at the time of the work, and may contain informational gaps, inconsistencies, or otherwise be incomplete due to the unavailability or uncertainty of information obtained or provided by third parties. Sincerely, Matt Hagemann, P.G., C.Hg. Paul E. Rosenfeld, Ph.D. 21 Exhibit D SMITH LNGINEERING Ce MANAGF:MLN`I" March 24, 2020 Mr. Richard Drury �ozeau Drury 1939 Harrison Street, Suite 150 Oakland, CA 94612 Subject: Cambria Hotel Project, Dublin Dear Mr. Drury: P20004 At your request, I have reviewed the proposal to approve the 138 room hotel and 2 levels of parking to be shared with an adjacent existing office building (the "Project") under exemption under California Environmental Quality Act (CEQA) Guidelines § 15182 and the presumption that impacts of the proposed Project were disclosed and mitigated in the Downtown Dublin Specific Plan Environmental Impact Report (the "DDSP DEIR"). My review is specific to the Traffic and Circulation. My qualifications to perform this review include registration as a Civil and Traffic Engineer in California and over 50 years professional consulting engineering practice in the traffic and transportation industry. I have both prepared and performed adequacy reviews of numerous transportation and circulation sections of environmental impact reports prepared under the California Environmental Quality Act. My professional resume is attached. Findings of my review are summarized below. The Conditions for Approving the Project Without CEQA Review Are Not Met The Project, at least arguably, meets the conditions for eligibility for CEQA exemption under Guidelines §15182 with one exception. Guidelines § 15182 provide that to qualify for said exemption, none of the conditions defined in I•R;\FFlCI TRANSPORTATION MANAGEMENT 5311 Lo\vr\• Road. Union Cih•, Cri 9458i trl: jl0.�S99�1i lax: j1U.-�1�) �)-478 5.1.e Mr. Richard Drury March 24, 2020 Page 2 Guidelines § 15162 can prevail. However, there is substantial evidence that the conditions of "changed circumstances" as defined in Guidelines § 15162 exist with regard to traffic and circulation The Notice of Preparation ("NOP") for the DDSP DEIR was circulated in February, 2010. The DEIR for the DDSP was circulated in September, 2010, The DDSP FEIR was certified and the DDSP was incorporated into the Dublin General Plan by update on July 22, 2011. The DDSP Traffic and Circulation analysis relies on an existing traffic data base going back to 2008 and its impact and mitigation findings are based on forecasts of Near Term traffic to 2015 and Cumulative traffic to year 2036. The 2015 analysis is based on existing traffic counts, estimated traffic from a limited set of entitled projects, 6 within the Project area itself, 4 elsewhere in Dublin and 3 others in nearby areas of Pleasanton and San Ramon, the Project itself, and an estimate of regional traffic growth through the Project study area to 2015. The 2035 analysis is estimated from Project generated traffic and general plan based modeled traffic estimates for the area. The problem with the DEIR analyses is that many additional major projects have been approved in Dublin alone since 2010, many of them not on the entitled projects list in the DEIR and many of them requiring General Plan Amendments, so not reflected in either the 2015 or 2035 analyses. In fact, there have been a total of 12 development projects requiring General Plan Amendments approved in Dublin between 2010 and 2018; the statistics for 2019 and beyond have not yet been posted on the City web site. This is to say nothing of major nearby project approvals in adjacent cities such as the Costco project on Johnson Drive in Pleasanton or pipeline projects in the planning process within Dublin. For example, The Boulevard, a project in Dublin formerly known as Dublin Crossings, involves development of up to 1995 residential dwelling units and supporting facilities on a portion of the former Camp Parks military reservation that was approved under a 6-2-15 General Plan Amendment after a planning process of several years. It appears that no traffic from this significant project, that according to its own EIR would generate 22047 net daily and 2393 net PM peak hour trips', was considered in the DDSP EIR, since development of the Camp Parks property was not reflected in the General Plan or specific area plans previously. The Boulevard (Dublin Crossing). The City may argue that The Boulevard (Dublin Crossings) project was not a certainty when the NOP for the DDSP EIR was issued, and therefore did not need to be considered in the DDSP EIR. But that is exactly the point. The Boulevard and other projects like it that were insufficiently certain or unknown at the time the DDSP EIR was prepared but that are now approved and in some cases are under construction or partially completed and occupied constitute changed circumstances that would likely increase traffic impacts or their severity over the disclosures in the DDSP EIR. i See Dublin Crossings Specific Plan Draft EIR, Table 3.12-7. 5311 Lowry Road. Union Citi•. CA 94587 tcl: it0.=1S9.9�i7 iaa: i10.-Fi;�).9-F7S Mr. Richard Drury March 24, 2020 Page 3 The Dublin Kaiser Permanente Medical Complex, which was approved in 2016 by General Plan Amendment, is another significant example of a significant development in Dublin that was not considered in the DDSP EIR. The Kaiser project includes development of 470,000 square feet of medical office and commercial floor area that is currently in operation in 2020 and expansion to a medical complex of 1.150,000 square feet floor area by 2035. The Kaiser EIR projects that the 2020 phase of the project would generate 16.570 new daily and 1560 new PM peak hour trips while the 2035 stage of development would generate a total of 41,140 net new daily and 3,998 net new PM peak hour trips. The Dublin IKEA project constitutes a mixed situation. The project, 410,000 square feet of commercial that includes a 317,000 square foot IKEA store would, according to its EIR, generate 9,630 net new trips daily and 1,018 net new PM peak hour trips. The project was approved in November, 2018 but a General Plan Amendment envisioning an IKEA store on the site was approved considerably earlier, in 2005. What this means is that the IKEA project was not explicitly considered in the DDSP EIR near term (2015) analysis, to the extent that the General Plan Amendment was representative of the actual IKEA project approved, it would have been reflected in the DDSP EIR 2035 analysis. The recently approved Costco project on Johnson Drive off Stoneridge Drive in Pleasanton includes an ultimate buildout of 246,440 square feet of general retail, 148,000 square feet of club retail with fueling (Costco), 27,550 square feet of general light industrial and a 150 room hotel. The project is estimated to generate 15,740 net new weekday trips and 743 weekday trips in the PM peak hour. The Zeiss Innovation project in Dublin, involving 433,090 square feet of purported Research and Development Buildings to support a work force of 1500 persons and parking totaling 1396 spaces, was approved based on a 2003 General Plan Amendment intended to permit a large Cisco Systems research and development project campus that never was built. Neither Zeiss nor the Cisco project was specifically considered in the DDSP EIR near term traffic analysis. Although the 2035 DDSP EIR traffic analysis may have reflected the 2003 Dublin General Plan Amendment involved, there is a subtlety to the Zeiss project that was probably not reflected. This is the fact that the employee density of the Zeiss project, 288.7 square feet of gross floor area per employee or 3.46 employees per thousand square feet of gross floor area is far more characteristic of "office" use than "research and development" which generally involves very large floor areas per employee. The key consideration is that, according to ITE Trip Generation, 10th Edition, research and development use generates only .42 trips per thousand square feet of floor area in the AM peak hour of street traffic and .49 trips in the PM peak hour whereas office use generates 1.16 trips per thousand square feet of floor area in the AM peak hour of street traffic and 1.15 trips in the PM peak hour. In other words, what is being built at Zeiss is office and it generates 2.76 times more AM peak traffic and 2.35 times more PM peak I'It,\PI�IC '1'It:\Ntil'UNT:\'1'll)\ !`1.ANAG1:!�ILN I' �31I Lowt•�• Road, Union Cit\•, CA 9-}58i tcl: SI0.�89 �)�477 lax: >IU.-LS9 �)�+78 .� 0 L .Q E �o v N d' 0 0 N O N td°) s u ,�;;�_.. Packet Pg. 398 5.1.e Mr. Richard Drury March 24, 2020 Page 4 traffic than the R&D land use category under which it was approved and would have been considered in the DDSP EIR 2035 cumulative analysis. Other very large projects that have very large potential traffic consequences for Dublin and the Tri-Valley area but which are still in the planning/environmental review/approvals stage are the Grand View and At Dublin projects. The Grand View project is a 122 acre development that would construct up to approximately 2,392,000 square feet of retail/commercial/office use and 338 residential dwelling units on a site east of Fallon Road in Dublin. This project is still in the early planning stage but is clearly not reflected in either stage of traffic analysis in the DDSP EIR. The current At Dublin project has been scaled back to 566 residential units and 240,000 square feet of commercial. Environmental review has been completed and the project awaits Dublin City Council action on approvals. These major projects together with numerous nameless smaller projects not individually mentioned herein but which can be reviewed on the City web site at Dublin-development.icitywork.com, were clearly not considered or not fully considered in the DDSP EIR traffic analysis. Hence, there are changed conditions that preclude reliance on the DDSP EIR and exemption from further CEQA review under Guidelines § 15182 and § 15162. Conclusion Given these considerations, it is inappropriate for the Project to be approved under an exemption from CEQA review. A full EIR should be prepared. Sincerely, Smith Engineering &Management A California Corporation ,,,<v :,_� : 5 : 0 No. 0938 rn CC LQ;o•�'� Daniel T. Smith Jr., P.E. President Attachment 1 Resume of Daniel T. Smith Jr., P.E. l'Id:\PF(t: 'I'K:\NSP�IRT:\'1'It.)N t`1.ANAGIiA1L-N'I' 5311 Lotvre Road, Union C:itt•, CA 945Si tcl:.>.>"10.}S99�i7 iax; ilU.-}h9 �)-F7ti Packet Pg. 399 5.1,e Mr. Richard Drury March 24, 2020 Page 5 �:1: � 1� �:Nto�h_:�_Itl;�ti� e_•h�1Nle:rEiv1:I-.1tiT DAs'.rIIEL T. SI4IITH, Jr. Fresident EDUCATION Bach of Stiecce, Engin�ieg and Applied Science, Yale UFsitersiiy,1967 Affas?er off Sci�ce, Tiann�pottaiaam P1a�rmg, �rcr.sieF of Ca?ifmnia, Beekele}',19d8 PROFESSIONAL REGISTRATION C Mmiallo. 21913 (001) Namda No. 7969 (CM) Waslrinema No. 29337 (Civa) Californallo. 938 (Traffic) Arimm No. 22131(CM) PROFESSIONAL ENPERIE.NCE t Inr 11 1.. •'_ a _ I W� • 9 m mil ,�1' al . I .r Min r :.I. ' ,St lY11 1vih ., e•. '. 1. - .0 � MIMIC air r9m •, - 1�.F m v U• ,.I: lh'i,r. i' h•, (.6,b%1.=}67 k.::1C1{).: 1*47 I.., j'il LIt' a '; t I'ItAPPIt: '1'k:1NtiIlURT:1l'll?\ t\t.ANAGI��IL'N I" 5311 Lowry R<rui, Union City', C;�� 94587 tcl: >10.�59 �)�77 iitx: jIO.-ISa) �)-17ti Mr. Richard Drury March 24, 2020 Page 6 Transportation Centers. Project manager for Daly City Imermodal Study which developed a $7 million surface bus terminal, traffic access, parking and pedestrian circulation improvements at the Daly City BART station plus development of functional plans for a new BART station at Colma. Project manager for design of multi -modal terminal (commuter rail, light rail, bus) at Mission Bay, San Francisco. In Santa Clarita Long Range Transit Development Program, responsible for plan to relocate system's existing timed -transfer hub and development of three satellite transfer hubs. Performed airport ground transportation system evaluations for San Francisco International, Oakland International, Sea-Tac International, Oakland International, Los Angeles International, and San Diego Lindberg. Campus Transportation. Campus transportation planning assignments for UC Davis, UC Berkeley, UC Santa Cruz and UC San Francisco Medical Center campuses; San Francisco State University; University of San Francisco; and the University of Alaska and others. Also developed master plans for institutional campuses including medical centers, headquarters complexes and research & development facilities. Special Event Facilities. Evaluations and design studies for football/baseball stadiums, indoor sports arenas, horse and motor racing facilities, theme parks, fairgrounds and convention centers, ski complexes and destination resorts throughout western United States, Parldng. Parking programs and facilities for large area plans and individual sites including downtowns, special event facilities, university and institutional campuses and other large site developments; numerous parking feasibility and operations studies for parking structures and surface facilities; also, resident preferential parking . Transportation System Management & Traffic Restraint. Project manager on FHWA program to develop techniques and guidelines for neighborhood street traffic limitation. Project manager for Berkeley, (Calif.), Neighborhood Traffic Study, pioneered application of traffic restraint techniques in the U.S. Developed residential traffic plans for Menlo Park, Santa Monica, Santa Cruz, Mill Valley, Oakland, Palo Alto, Piedmont, San Mateo County, Pasadena, Santa Ana and others. Participated in development of photo/radar speed enforcement device and experimented with speed humps. Co-author of Institute of Transportation Engineers reference publication on neighborhood traffic control. Bicycle Facilities. Project manager to develop an FHWA manual for bicycle facility design and planning, on bikeway plans for Del Mar, (Calif.), the UC Davis and the City of Davis. Consultant to bikeway plans for Eugene, Oregon, Washington, D.C., Buffalo, New York, and Skokie, Illinois. Consultant to U.S. Bureau of Reclamation for development of hydraulically efficient, bicycle safe drainage inlets. Consultant on FHWA research on effective retrofits of undercrossing and overcrossing structures for bicyclists, pedestrians, and handicapped. Institute of Transportation Engineers Transportation Research Board PUBLICATIONS AND AWARDS Residential Street Design and Traffic Control, with W. Hornburger et al. Prentice Hall, 1989. Co -recipient, Progressive Architecture Citation, Mission Bay Master Plan, with I.M. Pei WRT Associated, 1984. Residential Traffic Management, State of the Art Report, U.S. Department of Transportation, 1979. Improving The Residential Street Environment, with Donald Appleyard et al., U.S. Department of Transportation, 1979. Strategic Concepts in Residential Neighborhood Traffic Control, International Symposium on Traffic Control Systems, Berkeley, California, 1979. Planning and Design of Bicycle Facilities: Pitfalls and New Directions, Transportation Research Board, Research Record 570, 1976. Co -recipient, Progressive Architecture Award, Livable Urban Streets, San Francisco Bay Area and London, with Donald Appleyard, 1979. 1'It;\PI�IC 'I'K:\NtiI'IIRT:\l'IC?\ <,tAN.4GI:�IC-N f 5311 Lowr\• Ro;ni. Union C:it\•, CA 9-1587 tcl: S10.1S991i7 tax: j10.-Fti�).�)-17ti RESOLUTION NO. XX-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * DENYING THE APPEALS AND AFFIRM THE PLANNING COMMISSION’S APPROVAL OF A SITE DEVELOPMENT REVIEW PERMIT FOR THE CONSTRUCTION OF A 138-ROOM HOTEL AND A MINOR USE PERMIT TO ALLOW A PARKING REDUCTION FOR SHARED PARKING AT 7950 DUBLIN BOULEVARD APN: 941-1500-037-00 PLPA-2019-00020 & PLPA-2019-00044 WHEREAS, the Applicant, Jerry Hunt of VP-RPG Dublin, LLC, is proposing to construct a 138-room hotel on an existing parking lot located south of the existing Corrie Center office building at 7950 Dublin Boulevard within the Downtown Dublin Specific Plan Transit-Oriented District. The new six-story hotel will consist of four stories over two stories of podium parking, and related landscape and site improvements (the “project”). The proposal includes a Site Development Review Permit to allow construction of the hotel and a Minor Use Permit to allow a parking reduction for shared parking between the proposed hotel and an existing office building; and WHEREAS, the project site is located in Downtown Dublin, within the Transit-Oriented District of the Downtown Dublin Specific Plan; and WHEREAS, a hotel is a permitted use in the Transit-Oriented District of the Downtown Dublin Specific Plan; and WHEREAS, the project site is currently occupied by a surface parking lot serving the existing Corrie Center office building; and WHEREAS, pursuant to the requirements of the California Environmental Quality Act (CEQA), a Final Environmental Impact Report (State Clearinghouse No. 2010022005) was prepared for the Downtown Dublin Specific Plan and certified by the City Council on February 1, 2011 (Resolution No. 08-11); and WHEREAS, Downtown Dublin Environmental Impact Report (DDSP EIR) and subsequent Addendums analyzed development of approximately 2.2 million square feet of non-residential development and 2,500 residential dwelling units. The project is the first to utilize a portion of the 1.6 million square feet of non-residential development that was allocated to the Transit-Oriented District. Therefore, the project’s 90,700 square feet is within the already contemplated non-residential development activity in the Transit-Oriented District; and WHEREAS, the project was examined to determine if any of the standards contained in CEQA Guidelines Section 15162(a) requiring preparation of supplemental environmental review would be met. The analysis concluded that none of the standards requiring supplemental environmental review are met an d thus no additional environmental review is required; and WHEREAS, the Planning Commission held a properly noticed public hearing on the project on April 28, 2020, at which time all interested parties had the opportunity to be heard; and WHEREAS, the Planning Commission adopted Resolution No. 20-06 approving the Site Development Review Permit, Minor Use Permit and Heritage Tree Permit; and WHEREAS, the Heritage Tree Permit was subsequently withdrawn by the Applicant; and WHEREAS, Laborers International Union of North America Local Union No. 304 (“LIUNA”), and West Dublin Alliance, appealed the actions of the Planning Commission on the Site Development Review Permit and Minor Use Permit, in accordance with Dublin Municipal Code Chapter 8.136; and WHEREAS, the City Council is hearing body for the appeal of a decision by the Planning Commission; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, a Staff Report, dated June 2, 2020, and incorporated herein by reference, described and analyzed the proposed Cambria Hotel Project, including the Site Development Review Permit and Minor Use Permit. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this resolution. BE IT FURTHER RESOLVED that the City of Dublin City Council does hereby make the following findings and determinations regarding the Site Development Review Permit: A. The proposal is consistent with the purposes of Chapter 8.104 of the Zoning Ordinance, with the General Plan and the Downtown Dublin Specific Plan and design guidelines because: 1) the project is compatible with the architectural character and scale of development in the immediate area in which the proposed project is to be located; 2) the project is utilizing traditional building forms with contemporary, high-quality materials and finishes in compliance with the design guidelines of the Downtown Dublin Specific Plan; 3) the proposed project supports the more specific vision for the Transit-Oriented District to encourage the development of the area with land uses that support and complement transit uses, particularly the West Dublin BART Station; 4) the project will help to provide additional lodging opportunities to Downtown Dublin; and 5) the project is consistent with the General Plan land use designation of Downtown Dublin Specific Plan – Transit-Oriented District. B. The proposal is consistent with the provisions of Title 8, Zoning Ordinance because: 1) the project contributes to the orderly, attractive, and harmonious site and architectural development that is compatible with the architectural style, intensity of development – either in place or permitted in the future, and context of surrounding and adjacent properties; and 2) the project complies with the development standards of the Downtown Dublin Zoning District, as outlined in the Downtown Dublin Specific Plan. C. The design of the project is appropriate to the City, the vicinity, surrounding properties, and the lot in which the project is proposed because: 1) the project is consistent with the Downtown Dublin Specific Plan in that it provides additional lodging opportunities in close proximity to offices, retail and the West Dublin/Pleasanton BART station; 2) the size and mass of the proposed building is consistent with other commercial development in the immediate vicinity and in compliance with the minimum and maximum development density/intensity permitted; and 3) the redevelopment of the subject property is an important incremental change to advance the vision of the Downtown Dublin Specific Plan to make Downtown Dublin a vibrant and dynamic mixed-use center. D. The subject site is suitable for the type and intensity of the approved development because: 1) the project proposes a hotel, which is an allowed use in the Transit- Oriented District; 2) the project is consistent with the Downtown Dublin Zoning District in which it is located; 3) the project site will be fully served by a network of existing and planned infrastructure of public roadways, access easements, services, and facilities; and 4) the proposed project meets all of the development standards established to regulate development in the Downtown Dublin Specific Plan Transit-Oriented District and are consistent and compatible with other commercial development projects in the immediate vicinity. E. Impacts to existing slopes and topographic features are addressed because the project site is generally flat and the development of the parcel will replace an existing parking field which will not impact any slopes or other topographic features. F. Architectural considerations including the character, scale and quality of the design, site layout, the architectural relationship with the site and other buildings, screening of unsightly uses, lighting, building materials and colors and similar elements result in a project that is harmonious with its surroundings and compatible with other developments in the vicinity because: 1) the project provides a high degree of design and landscaping to provide a unique, urban, contemporary-themed lodging opportunity in the Downtown Dublin Specific Plan; 2) the structures reflect the architectural styles and development standards for other higher-density projects within the Downtown Dublin Specific Plan; 3) the architectural style, colors and materials will be consistent and compatible with the contemporary architectural style, colors, and materials being utilized on other projects in the immediate vicinity and more specifically the adjacent Corrie Center office building; 4) the project is utilizing traditional building forms with contemporary, high -quality materials and finishes in compliance with the design guidelines of the Downtown Dublin Specific Plan; and 5) the size and scale of the development will be similar to others buildings in the immediate project vicinity. G. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, and similar elements have been incorporated into the project to ensure visual relief, adequate screening and an attractive environment for the public because: 1) all perimeter landscaping and hardscape are proposed for construction in accordance with the Downtown Dublin Specific Plan; 2) the project perimeter and interior landscaping is consistent with other developments in the vicinity and 3) the project will conform to the requirements of the City’s Water Efficient Landscape Ordinance. H. The site has been adequately designed to ensure the proper circulation for bicyclist, pedestrians, and automobiles because: 1) all infrastructure including streets, sidewalks, and street lighting are proposed for construction in accordance with the project plans and have been reviewed for safety and adequate circulation; and 2) development of this project will include enhancement to the existing driveway from Dublin Boulevard so that all modes of transportation are supported and ensuring the safe use of these facilities. BE IT FURTHER RESOLVED that the City of Dublin City Council hereby makes the following findings and determinations regarding the Minor Use Permit to allow a parking reduction for shared parking related to a proposed hotel and existing office building, located at 7950 Dublin Boulevard: A. The proposed use and related structures are compatible with other land uses, transportation and service facilities in the vicinity in that: 1) the project is located in the Downtown Dublin Zoning District, which allows for a variety of uses including hotels, offices, restaurants, and retail; 2) the project is a hotel development located within a developed parcel that includes an office building, parking lot and adjacent commercial uses; and 3) the project is accessible from existing driveway s on Dublin Boulevard and Regional Street. B. The proposed use meets the parking requirement for the use type in accordance with the requirements of Chapter 8.76 (Off-Street Parking and Loading Regulations), which could include a parking reduction for shared parking in that: 1) a parking study was prepared by Advanced Mobility Group, which shows that there is sufficient parking available during the peak demand for both the office and hotel uses with up to a 15% transit reduction; 2) adequate signage will be placed within the project site to delineate the location of available parking spaces; 3) the project’s proposed use types and transit oriented location indicate the proposed on -site parking supply would adequately serve the expected parking demand; and 4) the Parking Reduction for Shared Parking will facilitate the establishment of a hotel which will provide a service to the community. C. The proposed use, as conditioned, will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public hea lth, safety and welfare in that: 1) a parking study was prepared by Advanced Mobility Group which shows that there is sufficient parking available to meet the greatest parking demands of all tenants within the project; and 2) due to sufficient on -site parking it is not anticipated that there will be any overflow parking that would adversely affect an adjacent use. D. The proposed use, as conditioned, will not be injurious to property or improvements in the neighborhood in that: 1) proposed hotel will include a parking structure that, in conjunction with the ground-level parking, will be adequate parking to meet the greatest parking demands of all tenants within the project; and 2) the establishment of the commercial uses will be done in accordance with all applicable Building and Fire Codes and local ordinances. E. There are adequate provisions for public access, water sanitation, and public utilities and services to ensure that the proposed use and related structures would not be detrimental to the public health, safety and welfare in that: 1) the proposed building is located in a developed commercial area of Downtown Dublin; 2) the project will be served by existing public roadways including Dublin Boulevard and Regional Street; and 3) the project will be served by existing public utilities and services including water and sanitation. F. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed in that: 1) the project is located in the Downtown Dublin Zoning District, which allows for a variety of uses including hotels, offices, restaurants, and retail; 2) adequate signage will be placed within the project site to delineate the location of shared parking spaces; and 3) the project’s prop osed use types and transit oriented location indicate the proposed on-site parking supply would adequately serve the expected parking demand. G. The proposed use will not be contrary to the specific intent clauses, development regulations, or performance standards established for the zoning district in which it is located in that: 1) the proposed hotel will contribute to the vibrate commercial area of Downtown Dublin and provide a service to the residents of the City and its visitors; and 2) as conditioned, the proposed will comply with the development standards and performance standards established for the Downtown Dublin Zoning District. H. The proposed use is consistent with the Dublin General Plan and with any applicable Specific Plans in that: 1) the General Plan and Specific Plan Land Use designation is Downtown Dublin – Transit-Oriented District which includes, but is not limited to, hotels, offices, retail, restaurants, multi-family residential, and the proposed use will not be contrary to these standards. BE IT FURTHER RESOLVED that the City of Dublin City Council hereby denies the Appeals of the Planning Commission’s adoption of Resolution No. 20-06, and approves the Site Development Review Permit and Minor Use Permit for the proposed project, subject to the conditions: CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval. [PL.] Planning, [B] Building, [PO] Police, [PW] Public Works [P&CS] Parks & Community Services, [ADM] Administration/City Attorney, [FIN] Finance, [F] Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health, [Z7] Zone 7. CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: 1. Approval – Site Development Review Permit. This Site Development Review Permit approval is for the Cambria Hotel (PLPA-2019-00020). This approval shall be as generally depicted and indicated on the project plans prepared by DesignCell dated November 22, 2019, attached as Exhibit A, and other plans, text, and diagrams relating to this Site Development Review Permit, unless modified by the Conditions of Approval contained herein. PL On-going 2. Approval – Minor Use Permit. This Minor Use Permit ("MUP" or "Permit") approval to allow a parking reduction for shared parking (PLPA-2019-00044), located at 7950 Dublin Boulevard (APN 941-1500-037-00). The approval shall be as provided in the Technical Memorandum (“Parking Study”) prepared by Advanced Mobility Group PL On-going CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: dated September 30, 2019, attached as Exhibit B, and as specified by the following Conditions of Approval for this project. 3. Permit Expiration. Construction or use shall commence within one (1) year of the effective date of this Permit or the Site Development Review/MUP shall lapse and become null and void. If there is a dispute as to whether the Permit has expired, the City may hold a noticed public hearing to determine the matter. Such a determination may be processed concurrently with revocation proceedings in appropriate circumstances. If a Permit expires, a new application must be made and processed according to the requirements of the Zoning Ordinance. PL One Year After Effective Date 4. Time Extension. The Community Development Director may grant an extension of the approval for a period not to exceed twelve (12) months, upon the Applicant’s written request prior to expiration, and the determination that all Conditions of Approval remain adequate and all applicable findings of approval will continue to be met. The Director of Community Development may grant a maximum of two extensions of approval, and additional extensions may be granted by the original decision maker. PL Prior to permit expiration 5. Compliance. Developer shall comply with the Subdivision Map Act, the City of Dublin Subdivision and Zoning Ordinances, City of Dublin Title 7 Public Works Ordinance, which includes the Grading Ordinance, the City of Dublin Public Works Standards and Policies, the most current requirements of the State Code Title 24 and the Americans with Disabilities Act with regard to accessibility, and all building and fire codes and ordinances in effect at the time of building permit issuance. All public improvements constructed by Developer and to be 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). PL, PW On-going 6. Effective Date. This Site Development Review Permit approval becomes effective only after the Community Benefit Agreement associated with the project is approved by the City Council. PL On-going 7. Revocation of Permit. The Site Development Review Permit/MUP approval shall be revocable for cause in accordance with Section 8.96.020.I of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. PL On-going 8. Requirements and Standard Conditions. The Applicant/ Developer shall comply with applicable City of Dublin Fire Prevention Bureau, Dublin Public Works Department, Dublin Building Department, Dublin Police Services, Alameda County Flood Control District Zone 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Department of Health Services requirements and standard conditions. Prior to issuance of Various Building Permit Issuance CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: building permits or the installation of any improvements related to this project, the Applicant/Developer shall supply written statements from each such agency or department, where applicable, to the Planning Department, indicating that all applicable conditions required have been or will be met. 9. Required Permits. The Applicant/Developer shall obtain all permits required by other agencies which may include, but are not limited to Alameda County Environmental Health, Alameda County Flood Control and Water Conservation District (Zone 7), California Department of Fish and Wildlife, Army Corps of Engineers, Regional Water Quality Control Board, Caltrans, or other regional/state agencies as required by law, as applicable. Copies of the permits shall be provided to the Public Works Department. PW Building Permit Issuance 10. Fees. The Applicant/Developer shall pay all applicable fees in effect at the time of building permit issuance, including, but not limited to: Planning fees; Building fees; Dublin San Ramon Services District fees; Public Facilities fees; City of Dublin Fire fees; Noise Mitigation fees; Inclusionary House In-Lieu fees; Alameda County Flood and Water Conservation fees. Various Grading Permit, and Building Permit Issuance 11. Zone 7 Impervious Surface Fees. The Applicant/Developer shall complete a “Zone 7 Impervious Surface Fee Application” and submit an accompanying exhibit for review by the Public Works Department. Fees generated by this application will be due at issuance of building permit. ADM Building Permit Issuance 12. Indemnification. The Applicant/Developer shall defend, indemnify, and hold harmless the City of Dublin and its agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City to the extent such actions are brought within the time period required by Government Code Section 65009 or other applicable law; provided, however, that the Applicant’s/Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying the Applicant/Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. ADM On-going 13. Clarification of Conditions. In the event that the parties agree that there needs to be clarification to the Conditions of Approval, the Director of Community Development and the City Engineer have the authority to clarify the intent of these Conditions of Approval to the Developer without going to a public hearing. The Director of Community Development and the City Engineer also have 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 PL/PW On-going CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: mitigations resulting from impacts of this project. 14. Clean-up. The Applicant/Developer shall be responsible for clean-up and disposal of project related trash to maintain a safe, clean, and litter-free site. PL On-going 15. Modifications. Modifications or changes to this Site Development Review Permit approval may be considered by the Community Development Director in compliance with Chapter 8.104 of the Zoning Ordinance. PL On-going 16. Controlling Activities. The Applicant/Developer shall control all activities on the project site so as not to create a nuisance to the existing or surrounding businesses and residences. PL On-going 17. Accessory Structures/Construction. The use of any accessory structures, such as storage sheds or trailer/container units used for storage or for any other purpose during construction, shall not be allowed on the site at any time unless a Temporary Use Permit is applied for and approved. PL Establishment of the Temporary Use 18. Property Maintenance. The Applicant/Developer and property owner shall be responsible for maintaining the site in a clean and litter free condition during construction and through completion. Per the City of Dublin Non-Residential Property Maintenance Ordinance, DMC Section 5.64.050, the Applicant/ Property Owner shall maintain the building, site and all signage in good condition and shall keep the site clear of trash, debris and graffiti vandalism on a regular and continuous basis. PL On-going PLANNING DIVISION - PROJECT SPECIFIC – SITE DEVELOPMENT REVIEW 19. Equipment Screening. All electrical, fire risers and/or mechanical equipment shall be screened from public view. Any roof-mounted equipment shall be completely screened from view by materials architecturally compatible with the building and to the satisfaction of the Community Development Director. The building permit plans shall show the location of all equipment and screening for review and approval by the Director of Community Development. PL Building Permit Issuance and On-going 20. Public Art. The Applicant/Developer intends to acquire and install public art on the project site in accordance with Chapter 8.58 of the Dublin Municipal Code. The value of the public art project is required to equal or exceed 0.5 percent of the building valuation (exclusive of land) for the entire hotel project. The Building Official will determine the building valuation at the time of Plan Check submittal for the first building permit on-site. An agreement that sets forth the ownership, maintenance responsibilities, and insurance coverage for all public art on-site shall be executed prior to occupancy. All public art installations are subject to approval of the City Council upon recommendation by the Heritage and Cultural Arts Commission. PL Building Permit Issuance and Occupancy 21. Bike Racks. The bike racks shall have two points of connection as required by the Bicycle and Pedestrian Master Plan. PL, PW Landscape Plan Approval 22. Parking. Parking shall be provided as stated in the PL Building Permit CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: approved Minor Use Permit for shared parking (PLPA- 2019-00044) Issuance and On-going 23. Master Sign Program. A Master Sign Program shall be reviewed and approved for all project-related signage including, but not limited to, wall signs, monument signs, community identification signage, address signage, directional signage, parking signage, speed limit signage, retail tenant signage, and other signage deemed necessary by the City. All signs shown in the Project Plans are for illustrative purposes only and the full details of the sign sizes, materials, and construction shall be shown in the separate sign package. PL Installation of any project- related signage PLANNING DIVISION - PROJECT SPECIFIC – MINOR USE PERMIT 24. Options 1 and 3 as provided in the Parking Study utilize the parking field adjacent to Dublin Boulevard (associated with the former Hooter’s building). At such time that a Site Development Review Permit is approved for development on this portion of the site that modifies the former Hooter's building configuration and/or use, Options 1 and 3 that utilize this parking field shall be reevaluated. PL Ongoing DOWNTOWN DUBLIN SPECIFIC PLAN MITIGATION MEASURES 25. MM 3.3-1: Project applicants shall consult with a registered geotechnical engineer to prepare a design level geotechnical report that addresses the affects [sic] of seismic ground shaking and includes a quantitative evaluation of liquefaction and liquefaction-induced lateral spreading for future development in the DDSP project area. The design level geotechnical report shall specify foundations and structural elements that are designed to resist forces and potential ground settlement for liquefaction and lateral spreading. This report shall be submitted in conjunction with a Building Permit application. PL Building Permit Issuance 26. MM 3.4-2: Future development or substantial redevelopment within the project area shall prepare a Phase I Environmental Site Assessment to determine whether or not a particular development site contains any hazardous materials as a result of historic contamination within the project area subject to review and approval by the City of Dublin. In the event that the Phase I recommends subsequent testing, the potential health risks shall be evaluated and a work plan prepared to remediate the soil and/or groundwater in accordance with all applicable federal, state, and local regulations. This assessment shall be submitted to the City in conjunction with the Building and Grading/Site work permit and shall be found acceptable by the City prior to ground disturbance. PL Building Permit Issuance 27. MM 3.5-1a: Prior to issuance of grading permit, the project proponent shall file a Notice of Intent as required by Regional Water Quality Control Board regarding storm water discharges associated with construction activities. Upon completion of construction activities, a Notice of Termination shall be filed. MM 3.5-1b: Prior to issuance of any building or grading permits, a Storm Water Pollution Prevention Plan (SWPPP) PL/PW Site Work (Grading) Permit CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: shall be prepared by the project contractors and submitted to the Regional Water Quality Control Board for review and comment and to the City of Dublin in conjunction with the Building/Grading/Site work permit and shall be found to be acceptable by the City prior to ground disturbance. The SWPPP shall be prepared to Regional Water Quality Control Board standards and Alameda Countywide Clean Water Program requirements, and shall identify erosion minimization and control provisions, pollution detection provisions, and pollution elimination/ minimization provisions appropriate to the development project and its site for construction and post-construction activities. The SWPPP shall include best available technology, engineering, and design solutions such as the use of silt screens, hay bales, modern trash screens, energy dissipaters, and/or absorbent devices. Stormwater runoff water quality monitoring procedures shall be clearly detailed in the SWPPP. 28. MM 3.7-1a: Project applicants within the project area shall prepare a construction noise management plan that identifies measures to be taken to minimize construction noise on surrounding sensitive receptors (e.g. residential uses and schools) and includes specific noise management measures to be included into project plans and specifications subject to review and approval by the City. These measures shall I include, but not be limited to the following: • Construction activities, including the maintenance and warming of equipment, shall be limited to Monday through Friday, and non-City holidays, between the hours of 7:30 AM and 5:30 PM except as otherwise approved by the City Engineer. • All construction equipment shall be equipped with mufflers and sound control devices (e.g., intake silencers and noise shrouds) no less effective than those provided on the original equipment and no equipment shall have an un-muffled exhaust. • The City shall require that the contractor maintain and tune-up all construction equipment to minimize noise emissions. • Stationary equipment shall be placed so as to maintain the greatest possible distance to the sensitive receptors. • All equipment servicing shall be performed so as to maintain the greatest possible distance to the sensitive receptors. • The construction contractor shall provide an on-site name and telephone number of a contact person. In the event that construction noise is intrusive to an educational process, the construction liaison will revise the construction schedule to preserve the learning environment. • Select demolition methods to minimize vibration, where possible (e.g., sawing masonry into sections PL/PW Building Permit Issuance CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: rather than demolishing it by pavement breakers). MM 3.7-1b: Should the proposed project require off-site import/export of fill material during construction, trucks shall utilize a route that is least disruptive to sensitive receptors, preferably major roadways (Interstate 580, Interstate 680, San Ramon Road, Dublin Boulevard, and Amador Valley Boulevard). Construction trucks should, to the extent practical, avoid the weekday and Saturday a.m. and p.m. peak hours (7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m.). 29. MM 3.7-3: Future development within the DDSP project area that is located adjacent to Highway 580; Amador Plaza (between Dublin Boulevard and Saint Patrick Way); and Dublin Boulevard (between Amador Plaza Road and Village Parkway; between Regional Street and Golden Gate Drive and between San Ramon Road and Regional Street) shall prepare a site-specific acoustical analysis subject to review and approval by the City of Dublin. The acoustical analysis prepared for future development shall evaluate resultant noise impacts in comparison to the City’s noise criteria for Land Use Compatibility for Community Noise Environments. Feasible project specific mitigation measures shall be required as part of the project design to reduce noise impacts at future noise sensitive land uses, including but not limited to the following: 1) site design; 2) operational restrictions; 3) barriers; 4) setbacks; and 5) insulation. No development permits or approval of land use applications shall be issued until the acoustical analysis is received and approved by City staff and any project design features are incorporated into the future development project. PL Building Permits Issuance LANDSCAPING 30. Final Landscape and Irrigation Plans. Final landscape plans, irrigation system plans, tree preservation techniques, and guarantees, shall be reviewed and approved by the Dublin Planning Division prior to the issuance of the building permit. All such submittals shall be reviewed and approved by the City Engineer and the Community Development Director. The Final Landscape Plans shall ensure: a. That plant material is utilized which will be capable of healthy growth within the given range of soil and climate. b. That proposed landscape screening is of a height and density so that it provides a positive visual impact within three years from the time of planting. c. That unless unusual circumstances prevail, all trees on the site shall be a minimum of 15 gallons in size. All trees that are on the exterior building perimeter shall be 24-inch box minimum, with at least 30 percent at 36- inch box or greater. All shrubs shall be five gallon minimum. PL Landscape Plan Approval and Installation CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: d. That a plan for an automatic irrigation system be provided which assures that all plants get adequate water. In unusual circumstances, and if approved by staff, a manual or quick coupler system may be used. e. That concrete curbing is to be used at the edges of all planters and paving surfaces where applicable. f. That all cut and fill slopes conform to the conditions detailed in the Site Development Review Permit packet. g. That a guarantee from the owners or contractors shall be required guaranteeing all shrubs and ground cover, all trees, and the irrigation system for one year. h. That a permanent maintenance agreement on all landscaping will be required from the owner insuring regular irrigation, fertilization and weed abatement, if applicable. 31. Landscaping at Street/Drive Aisle Intersections. Landscaping shall not obstruct the sight distance of motorists, pedestrians or bicyclists. Except for trees, landscaping (and/or landscape structures such as walls) at drive aisle intersections shall not be taller than 30 inches above the curb. Landscaping shall be kept at a minimum height and fullness giving patrol officers and the general public surveillance capabilities of the area. PL On-going 32. Plant Clearances. All trees planted shall meet the following clearances: a. Six feet from the face of building walls or roof eaves. b. Seven feet from fire hydrants, storm drains, sanitary sewers and/or gas lines. c. Five feet from top of wing of driveways, mailboxes, water, telephone and/or electrical mains d. Fifteen feet from stop signs, street or curb sign returns. e. Fifteen feet from either side of street lights. PL Landscape Plan Approval and Installation 33. Landscaping. Applicant/Developer shall construct all landscaping within the site and along the project frontage within the site. PL, PW Landscape Plan Approval and Installation 34. Backflow Prevention Devices. The Landscape Plans shall show the location of all backflow prevention devises. The location and screening of the backflow prevention devices shall be reviewed and approved by City staff. PL, PW, F Landscape Plan Approval and Installation 35. Root Barriers and Tree Staking. The Landscape Plans shall provide details showing root barriers and tree staking will be installed which meet current City specifications. PL, PW Landscape Plan Approval and Installation 36. Water Efficient Landscaping Ordinance. The Applicant/Developer shall submit written documentation to the Public Works Department (in the form of a Landscape Documentation Package and other required documents) that the development conforms to the City’s Water Efficient Landscaping Ordinance. PL Landscape Plan Approval and Installation 37. Landscaping at Trash Enclosure. Landscaping shall provide adequate screening of the trash enclosure through the use of shrubs, vines, etc. PL Landscape Plan Approval and Installation CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: 38. The trees within the Project site along San Ramon Road and I-580 off ramp shall be Chinese pistache. PL Landscape Plan Approval and Installation 39. Trees with the Parking Area. The proposed London plane trees shall be replaced with evergreen trees with less root damage potential in narrow parking lot planters. PL Landscape Plan Approval and Installation BUILDING AND SAFETY DIVISION 40. Building Codes and Ordinances. All project construction shall conform to all building codes and ordinances in effect at the time of building permit. B Through Completion 41. Construction Drawings. Construction plans shall be fully dimensioned (including building elevations) accurately drawn (depicting all existing and proposed conditions on site), and prepared and signed by a California licensed Architect or 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. B Building Permit Issuance 42. Building Permits. To apply for building permits, Applicant/Developer shall submit electronic drawings and specifications, and the number of hard copies - as determined by the Chief Building Official - for plan check. Each set of plans shall have attached an annotated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans will not be accepted without the 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. B Building Permit Issuance 43. As-Built Drawings. All revisions made to the building plans during the project shall be incorporated into an “As Built” electronic file and submitted prior to the issuance of the final occupancy. B Occupancy 44. Addressing. 1. A site plan shall be provided with the City of Dublin’s address grid overlaid on the plans (1 to 30 scale). All exterior door openings shall be highlighted on plans (front, rear, etc.). Three copies on full size sheets and five copies reduced sheets. 2. Address signage shall be provided as per the Dublin Commercial Security Code. 3. Address shall be required on all doors leading to the exterior of the building. Addresses shall be illuminated and be able to be seen from the street, four inches in height minimum. 4. The architectural plans shall include a proposed room / suite number plan. B 1. Release of Addresses 2. Permitting 3. Occupancy CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: 45. Engineer Observation. The Engineer of Record shall be retained to provide observation services for all components of the lateral and vertical design of the building, including nailing, hold-downs, straps, shear, roof diaphragm and structural frame of building. A written report shall be submitted to the City Inspector prior to scheduling the final frame inspection. B Scheduling Final Frame Inspection 46. Foundation. Geotechnical Engineer for the soils report shall review and approve the foundation design. A letter shall be submitted to the Building Division on the approval. B Permit Issuance 47. CASp Reports. Applicant shall obtain the services of a Certified Access Specialist for the review of the construction drawings and inspections for the building interior and site exterior. A written report shall be submitted to the City prior to approval of the permit application. Additionally, a written report shall be submitted to the City Building Inspector prior to scheduling the final inspection. B Permitting and Occupancy 48. Air Conditioning Units. Air conditioning units and ventilation ducts shall be screened from public view with materials compatible to the main building and shall not be roof mounted. Units shall be permanently installed on concrete pads or other non-movable materials approved by the Chief Building Official and Director of Community Development. B Occupancy of Building 49. Plumbing Fixture Count. The plumbing fixture count (e.g., water closets, lavatories, urinals, drinking fountains) shall meet the minimum requirements for the use as regulated by the CA Plumbing Code, Tables A and 422.1. B Permitting 50. Cool Roofs – CA Energy Code. Flat roof areas shall have their roofing material coated with light colored gravel or painted with light colored or reflective material designed for cool roofs. B Through Completion 51. Solar Zone – CA Energy Code. The location and orientation of the Solar Zone shall be shown on the site plan. This condition of approval will be waived if the project meets the exceptions provided in the CA Energy Code. B Through Completion 52. Accessible Parking. The design, location and number of required accessible parking stalls shall be as required by the CA Building Code. B Through Completion 53. Green Parking. The design and number of clean air/ EV ready stalls shall be as required by the CA Green Building Standards Code. B Through Completion 54. FEMA – Floodplain. The project is currently shown to be in a floodplain. The applicant shall submit either a letter of map amendment, letter of map change or letter of map revision prior to permitting. If the site has not been removed from the floodplain by a letter, then elevation certificates will be required at the correct stages. B Prior to Permitting 55. Temporary Fencing. Temporary construction fencing shall be installed along perimeter of all work under construction B Through Completion CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: 56. Copies of Approved Plans. Applicant shall provide the City with one reduced (1/2 size) copy of the City of Dublin stamped approved plans. B 30 Days After Permit and Each Revision Issuance FIRE DEPARTMENT 57. No fire service lines shall pass beneath buildings. F Approval of Improvement Plans 58. New Fire Sprinkler System and Monitoring Requirements. In accordance with the Dublin Fire Code, fire sprinklers shall be installed in the building. The system shall be in accordance with the NFPA 13, the CA Fire Code and CA Building Code. Plans and specifications showing detailed mechanical design, cut sheets, listing sheets and hydraulic calculations shall be submitted to the Fire Department for approval and permit prior to installation. This may be a deferred submittal. 1. Sprinkler Plans. (Deferred Submittal Item). Submit detailed mechanical drawings of all sprinkler modifications, including cut sheets, listing sheets and calculations to the Fire Department for approval and permit prior to installation. 2. Sprinkler System Components. All sprinkler system components shall remain in compliance with the applicable N.F.P.A. 13 Standard, the CA Fire Code and the CA Building Code. 3. Underground Plans. (Deferred Submittal Item). Submit detailed shop drawings for the fire water supply system, including cut sheets, listing sheets and calculations to the Fire Department for approval and permit prior to installation. All underground and fire water supply system components shall be in compliance with the applicable N.F.P.A. 13, 24, 20, 22 Standards, the CA Fire Code and the CA Building Code. The system shall be hydrostatically tested and inspected prior to being covered. Prior to the system being connected to any fire protection system, a system flush shall be witnessed by the Fire Department. 4. Central Station Monitoring. Automatic fire extinguishing systems installed within buildings shall have all control valves and flow devices electrically supervised and maintained by an approved central alarm station. Zoning and annunciation of central station alarm signals shall be submitted to the Fire Department for approval. 5. Fire Protection Equipment. Fire protection equipment shall be identified with approved signs constructed of durable materials, permanently installed and readily visible. F Building Permit Issuance 59. b Fire Access During Construction. 1. Fire Access. Access roads, turnaround, pullouts, and fire operation areas are fire lanes and shall be maintained clear and free of obstructions, including the parking of vehicles. F During Construction CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: 2. Entrances. Entrances to job sites shall not be blocked, including after hours, other than by approved gates/barriers that provide for emergency access. 3. Site Utilities. Site utilities that would require the access road to be dug up or made impassible shall be installed prior to construction commencing. 4. Fire Lane. Entrance flare, angle of departure, width, turning radii, grades, turnaround, vertical clearances, road surface, bridges/crossings, gates/key-switch, within a 150-foot distance to Fire Lane shall be maintained. 5. Personnel Access. Route width, slope, surface and obstructions must be considered for the approved route to furthermost portion of the exterior wall. 6. All-Weather Access. Fire access is required to be all- weather access. Show on the plans the location of the all-weather access and a description of the construction. Access roads must be designed to support the imposed loads of fire apparatus. 60. Fire Alarm Detection System. A fire alarm detection system shall be installed throughout the building so as to provide full property protection, including combustible concealed spaces, as required by NFPA 72. The system shall be installed in accordance with NFPA 72, CA Fire, Building, Electrical, and Mechanical Codes. If the system is intended to serve as an evacuation system, compliance with the horn/strobe requirements for the entire building must also be met. All automatic fire extinguishing systems shall be interconnected to the fire alarm system so as to activate an alarm if activated and to monitor control valves. Delayed egress locks shall meet requirements of C.F.C. 1. Fire Alarm Plans. (Deferred Submittal Item). Submit detailed drawings of the fire alarm system, including floor plan showing all rooms, device locations, ceiling height and construction, cut sheets, listing sheets and battery and voltage drop calculations to the Fire Department for review and permit prior to the installation. Where employee work areas have audible alarm coverage, circuits shall be initially designed with a minimum 20 percent spare capacity for adding appliances to accommodate hearing impaired employee’s. 2. Central Station Monitored Account. Automatic fire alarm systems shall be monitored by an approved central alarm station. Zoning and annunciation of central station alarm signals shall be approved by the Fire Department. 3. Qualified Personnel. The system shall be installed, inspected, tested, and maintained in accordance with the provisions of NFPA 72. Only qualified and experienced persons shall perform this work. F Occupancy CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: Examples of qualified individuals are those who have been factory trained and certified or are NICET Fire Alarm Certified. 4. Inspection and Testing Documentation. Performance testing of all initiating and notification devices in the presence of the Fire Inspector shall occur prior to final of the system. Upon this inspection, proof that the specific account is UL certified must be provided to the Fire Inspector. 61. Fire Extinguishers. Extinguishers shall be visible and unobstructed. Signage shall be provided to indicate fire extinguisher locations. The number and location of extinguishers shall be shown on the plans. Additional fire extinguishers maybe required by the fire inspector. Fire extinguisher shall meet a minimum classification of 2A 10BC. Extinguishers weighing 40 pounds or less shall be mounted no higher than five feet above the floor measured to the top of the extinguisher. Extinguishers shall be inspected monthly and serviced by a licensed concern annually. F Occupancy 62. Building Key Box. A Fire Department key box shall be installed at the main entrance to the building. Note these locations on the plans. The key box should be installed approximately 5 1/2 feet above grade. The box shall be sized to hold the master key to the facility as well as keys for rooms not accessible by the master key. Specialty keys, such as the fire alarm control box key and elevator control keys shall also be installed in the box. The key box door and necessary keys shall be provided to the Fire Inspector upon the final inspection. The inspector will then lock the keys into the box. F Occupancy 63. Means of Egress. Exit signs shall be visible and illuminated with emergency lighting when building is occupied. F Occupancy 64. Main Entrance Hardware Exception. It is recommended that all doors be provided with exit hardware that allows exiting from the egress side even when the door is in the locked condition. However, an exception for A-3, B, F, M, S occupancies and all churches does allow key-locking hardware (no thumb-turns) on the main exit when the main exit consists of a single door or pair of doors. When unlocked the single door or both leaves of a pair of doors must be free to swing without operation of any latching device. A readily visible, durable sign on or just above the door stating “This door to remain unlocked whenever the building is occupied” shall be provided. The sign shall be in letters not less than one-inch high on a contrasting background. The use of this exception may be revoked for cause. F Occupancy 65. Maximum Occupant Load. Posting of room capacity is required for any occupant load of 50 or more persons. Submittal of a seating plan on 8.5” x 11” paper is required F Occupancy CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: prior to final occupancy. 66. Interior Finish. Wall and ceiling interior finish material shall meet the requirements of Chapter 8 of the California Fire Code. Interior finishes will be field verified upon final inspection. If the product is not field marked and the marking visible for inspection, maintain the products cut- sheets and packaging that show proof of the products flammability and flame-spread ratings. Decorative materials shall be fire retardant. F Occupancy 67. General Inspection. Upon inspection of the work for which this submittal was provided, a general inspection of the business and site will be conducted. F Occupancy 68. Addressing. Addressing shall be illuminated or in an illuminated area. The address characters shall be contrasting to their background. If address is placed on glass, the numbers shall be on the exterior of the glass and a contrasting background placed behind the numbers. Building Address. The building shall be provided with all addresses or the assigned address range so as to be clearly visible from either direction of travel on the street the address references. The address characters shall not be less than 5 inches in height by 1-inch stroke. Larger sizes may be necessary depending on the setbacks and visibility. Multi-Tenants. Where a building has multiple tenants, address shall also be provided near the main entrance door of each tenant space. The address shall be high enough on the building to be clearly visible from the driveway, street or parking area it faces even when vehicles are parked in front of the tenant space. The address shall not be less than 5- inches in height with a ½-inch stroke. F Occupancy 69. Fire Safety During Construction and Demolition. 1. Clearance to combustibles from temporary heating devices shall be maintained. Devices shall be fixed in place and protected from damage, dislodgement or overturning in accordance with the manufacturer’s instructions. 2. Smoking shall be prohibited except in approved areas. Signs shall be posted “NO SMOKING” in a conspicuous location in each structure or location in which smoking is prohibited. 3. Combustible debris, rubbish and waste material shall be removed from buildings at the end of each shift of work. 4. Flammable and combustible liquid storage areas shall be maintained clear of combustible vegetation and waste materials. F On-going DUBLIN SAN RAMON SERVICES DISTRICT 70. d Complete improvement plans shall be submitted to DSRSD that conform to the requirements of the Dublin San Ramon Services District Code, the DSRSD “Standard Procedures, Specifications and Drawings for Design and Installation of Water and Wastewater Facilities,” all applicable DSRSD Master Plans and all DSRSD policies. DSRSD Issuance of Building Permits 71. Planning and review fees, inspection fees, and fees DSRSD Issuance of CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: associated with a wastewater discharge permit shall be paid to DSRSD in accordance with the rates and schedules and at time of payment as established in the DSRSD Code. Planning and review fees are due after the 1st submittal of plans. Construction Permit and Inspection Fees are due prior to the issuance of a Construction Permit. Capacity Reserve Fees are due before the water meter can be set or the connection to the sewer system. Building Permit or Improvement Plans 72. All improvement plans for DSRSD facilities shall be signed by the District Engineer. Each drawing of improvement plans for DSRSD facilities shall contain a signature block for the District Engineer indicating approval of the sanitary sewer and/or water facilities shown. Prior to approval by the District Engineer, the applicant shall pay all required DSRSD fees, and provide an engineer’s estimate of construction costs for the sewer and water systems, a faithful performance bond, and a comprehensive general liability insurance policy in the amounts and forms that are acceptable to DSRSD. The applicant shall allow at least 15 working days for final improvement drawing review by DSRSD before signature by the District Engineer. DSRSD Building Permit Issuance by City; or Building Permit or Construction Permit Issuance by DSRSD 73. All easement dedications for DSRSD facilities shall be by separate instrument irrevocably offered to DSRSD. DSRSD Formal Acceptance 74. All mains shall be sized to provide sufficient capacity to accommodate future flow demands in addition to each development project’s demand. Layout and sizing of mains shall be in conformance with DSRSD utility master planning. DSRSD Issuance of Improvement Plans 75. The locations and widths of all proposed easement dedications for water and sewer lines shall be submitted to and approved by DSRSD. DSRSD Issuance of Improvement Plans 76. Water and sewer mains shall be located in public streets rather than in off-street locations to the fullest extent possible. If unavoidable, then sewer or water easements must be established over the alignment of each sewer or water main in an off-street or private street location to provide access for future maintenance and/or replacement. DSRSD Issuance of Improvement Plans 77. Domestic and fire protection waterline systems for commercial developments shall be designed to be looped or interconnected to avoid dead end sections in accordance with requirements of the DSRSD Standard Specifications and sound engineering practice. DSRSD Issuance of Improvement Plans 78. Sewers shall be designed to operate by gravity flow to DSRSD’s existing sanitary sewer system. Pumping of sewage is discouraged and may only be allowed under extreme circumstances following a case by case review with DSRSD staff. Any pumping station will require specific review and approval by DSRSD of preliminary design reports, design criteria, and final plans and specifications. The DSRSD reserves the right to require payment of present worth 20 year maintenance costs as well as other conditions within a separate agreement with the applicant DSRSD Issuance of Improvement Plans CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: for any project that requires a pumping station. 79. This project will be analyzed by DSRSD to determine if it represents additional water and/or sewer capacity demands on the District. Applicant will be required to pay all incremental capacity reserve fees for water and sewer services as required by the project demands. All capacity reserve fees must be paid prior to installation of a water meter for water. If a water meter is not required, the capacity reserve fee shall be paid prior to issuance of a building permit. The District may not approve the building permit until capacity reserve fees are paid. DSRSD Issuance of Building Permit 80. No sewer line or waterline construction shall be permitted unless the proper utility construction permit has been issued by DSRSD. A construction permit will only be issued after all of the items in the condition immediately above have been satisfied. DSRSD Issuance of any Construction Permit 81. Above ground backflow prevention devices/double detector check valves shall be installed on fire protection systems connected to the DSRSD water main. The Applicant shall collaborate with the Fire Department and with DSRSD to size and configure its fire system. DSRSD Issuance of Improvement Plans 82. If trash enclosures are required to drain to the sanitary sewer system, grease interceptors shall be installed within the trash enclosure area. The trash enclosure shall be roofed and graded to minimize rain water or stormwater from entering the trash enclosure. DSRSD Issuance of Improvement Plans 83. District Code requires each parcel to have its own independent service for both water and wastewater. Independent connections to water and wastewater mains are required for each parcel. Laterals shall not cross into adjacent parcels. DSRSD Issuance of Improvement Plans 84. Sewer capacity allocation for parcels shall be determined per comments on the Lot Line Adjustment related to this project area. Please refer to those comments. DSRSD Issuance of Improvement Plans PUBLIC WORKS GENERAL CONDITIONS 85. Conditions of Approval. Applicant/Developer shall comply with the City of Dublin Public Works Standard Conditions of Approval contained below (“Standard Condition”) unless specifically modified by Project Specific Conditions of Approval below. PW On-going PUBLIC WORKS – AGREEMENTS 86. 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 stormwater treatment measures installed as part of the project, including those on-site and within the public Rights of Way. Said Agreement is required pursuant to Provision C.3 of the Municipal Regional Stormwater NPDES Permit, Order No. R2-2009-0074. Said permit requires the City to provide verification and assurance that all treatment devices will be properly operated and maintained. The Agreement shall be recorded against the property and shall run with the PW Acceptance of Improvements CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: land. PUBLIC WORKS – PERMITS AND BONDS 87. Encroachment Permit. Applicant/Developer shall obtain an Encroachment Permit from the Public Works Department for all construction activity within the public right-of-way. At the discretion of the City Engineer an encroachment permit for work specifically included in an Improvement Agreement may not be required. PW Permit Issuance 88. Grading/Sitework Permit. Applicant/Developer shall obtain a grading permit from the Public Works Department for all grading. Applicant/Developer shall obtain a sitework permit from the Public Works Department for all sitework. A separate grading permit is not necessary if grading will be included in the sitework permit submittal. PW Permit Issuance 89. Security. Applicant/Developer shall provide faithful performance security to guarantee the grading improvements, as determined by the City Engineer (Note: The performance security shall remain in effect until one year after final inspection). PW Permit Issuance 90. Permits from Other Agencies. Applicant/Developer shall obtain all permits and/or approvals required by other agencies including, but not limited to: • Army Corps of Engineers • US Fish and Wildlife • Regional Water Quality Control Board • Federal Emergency Management Agency • California Department of Fish and Wildlife • California Dept. of Transportation (Caltrans) • Bay Area Rapid Transit (BART) • Livermore-Amador Valley Transit Authority (LAVTA) • Tri-Valley-San Joaquin Valley Regional Rail Authority • Dublin San Ramon Services District (DSRSD) • Alameda County Flood Control and Water Conservation District Zone 7 (Zone 7) PW Permit Issuance PUBLIC WORKS – SUBMITTALS 91. Improvement Plan Submittal Requirements. All submittals of plans shall comply with the requirements of the “City of Dublin Public Works Department Improvement Plan Submittal Requirements,” the “City of Dublin Improvement Plan Review Check List,” and current Public Works and industry standards. A complete submittal of improvement plans shall include all civil improvements, joint trench, street lighting and on-site safety lighting, landscape plans, and all associated documents as required. Applicant/Developer shall not piecemeal the submittal by submitting various components separately. PW Grading or Sitework Permit Issuance 92. Improvement Plan Requirements from Other Agencies. Applicant/Developer will be responsible for submittals and reviews to obtain the approvals of all participating non-City agencies, including but not limited to: the Alameda County Fire Department and the Dublin San Ramon Services PW Grading or Sitework Permit Issuance CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: District. 93. Composite Exhibit. Construction plan set shall include a Composite Exhibit showing all site improvements, utilities, landscaping improvements and trees, etc. to be constructed to ensure that there are no conflicts among the proposed and existing improvements. PW Grading or Sitework Permit Issuance 94. Geotechnical Report. Applicant/Developer shall submit a Design Level Geotechnical Report for the property owned by Applicant/Developer, grading and additional information and/or clarifications as determined by the City Engineer. PW Grading or Sitework Permit Issuance 95. Ownership and Maintenance of Improvements. Applicant/Developer shall submit an Ownership and Maintenance Exhibit for review and approval by Planning Division and Public Works Department. Terms of maintenance are subject to review and approval by the City Engineer. PL, PW Grading or Sitework Permit Issuance 96. Building Pads, Slopes and Walls. Applicant/Developer shall provide the Public Works Department with a letter f rom a registered civil engineer or surveyor stating that the building pads have been graded to within 0.1 feet of the grades shown on the approved Grading Plans, and that the top & toe of banks and retaining walls are at the locations shown on the approved Grading Plans. PW Acceptance of Improvements 97. Approved Plan Files. Applicant/Developer shall provide the Public Works Department a PDF format file of approved site plans, including grading, improvement, landscaping & irrigation, joint trench and lighting. PW Acceptance of Improvements 98. Master Files. Applicant/Developer shall provide the Public Works Department a digital vectorized file of the “master” files for the project, in a format acceptable to the City Engineer. Digital raster copies are not acceptable. The digital vectorized files shall be in AutoCAD 14 or higher drawing format. All objects and entities in layers shall be colored by layer and named in English. All submitted drawings shall use the Global Coordinate System of USA, California, NAD 83 California State Plane, Zone III, and U.S. foot. PW Acceptance of Improvements PUBLIC WORKS - PARCEL MAP, EASEMENTS AND ACCESS RIGHTS 99. Dedications and Easements. All rights-of-way and easement dedications required by these conditions or determined necessary by the City Engineer shall be done by a separate instrument. PW Acceptance of Improvements 100. Emergency Vehicle Access Easements. The Applicant/Developer shall dedicate Emergency Vehicle Access Easements (EVAE) over the clear pavement width of all drive aisles as required by the Alameda County Fire Department and City Engineer. PW Acceptance of Improvements 101. Granting of Easements. Applicant/Developer shall be responsible for granting all on-site utility easements between parcels owned by Applicant/Developer. The Applicant/Developer shall prepare all required documentation for the granting of all easements on-site. The easements and/or rights-of-entry shall be in writing and PW Acceptance of Improvements CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: copies furnished to the Public Works Department. 102. Approval by Others. The Applicant/Developer will be responsible for submittals and reviews to obtain the approvals of all applicable non-City agencies. PW Grading or Sitework Permit Issuance PUBLIC WORKS - GRADING 103. Grading Plan. The Grading Plan shall be in conformance with the recommendation of the Geotechnical Report for the property owned by Applicant/Developer, the approved Site Development Review Permit and the City design standards and ordinances. In case of conflict between the soil engineer’s recommendation and the City ordinances, the City Engineer shall determine which shall apply. PW Grading or Sitework Permit Issuance 104. Geotechnical Engineer Review and Approval. The Project Geotechnical Engineer shall be retained to review all final grading plans and specifications. The Project Geotechnical Engineer shall approve all grading plans prior to City approval. PW Grading or Sitework Permit Issuance 105. Grading Off-Haul. The disposal site and haul truck route for any off-haul dirt materials shall be subject to the review and approval by the City Engineer prior to the issuance of a grading permit. If the Developer does not own the parcel on which the proposed disposal site is located, the Applicant/Developer shall provide the City with a Letter of Consent signed by the current owner, approving the placement of off-haul material on their parcel. A Grading Plan may be required for the placement of the off-haul material. PW Grading or Sitework Permit Issuance 106. Erosion Control Plan. A detailed Erosion and Sediment Control Plan shall be included with the Grading Plan submittal. The plan shall include detailed design, location, and maintenance criteria of all erosion and sedimentation control measures. PW Grading or Sitework Permit Issuance 107. Demolition Plan. The Applicant/Developer’s Civil Engineer shall prepare a demolition plan for the project, which shall be submitted concurrent with the improvement plan package. The demolition plan shall address the following: • Pavement demolition, including streetlights and landscaped median islands. • Landscaping and irrigation • Fencing to be removed and fencing to remain • Any items to be saved in place and or protected, such as trees, water meters, sewer cleanouts, drainage inlets or backflow prevention devices. PW Grading or Sitework Permit Issuance PUBLIC WORKS - STORM DRAINAGE AND OTHER UTILITIES 108. On-Site Storm Drain System. Storm drainage for the 10- year storm event shall be collected on-site and conveyed through storm drains to the public storm drain system. Show the size and location of existing and proposed storm drains and catch basins on the site plan. Show the size and location of public storm drain lines and the points of connection for the on-site storm drain system. PW Grading or Sitework Permit Issuance 109. Hydrology and Hydraulics. Developer shall submit hydrology and hydraulic calculations for review and PW Grading or Sitework Permit CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: approval. Construction plan set shall show grate, invert and hydraulic grade line information at all storm drain structures, slope and design flow at all storm drain pipes. Issuance 110. Drainage. Runoff from roofs, including the trash enclosure, shall be collected by roof drains and drain to stormwater treatment areas. PW Grading or Sitework Permit Issuance 111. Storm Drain Easements. Private storm drain easements and maintenance roads shall be provided for all private storm drains or ditches that are located on private property. The Applicant/Developer shall be responsible for the acquisition of all storm drain easements from offsite property owners which are required for the connection and maintenance of all offsite storm drainage improvements. PW Grading or Sitework Permit Issuance 112. Storm Drain Inlet Markers. All public and private storm drain inlets must be marked with storm drain markers that read: “No dumping, drains to creek,” and a note shall be shown on the improvement plans. The markers may be purchased from the Public Work Department. PW Acceptance of Improvements 113. Fire Hydrants. Fire hydrant locations shall be approved by the Alameda County Fire Department. A raised reflector blue traffic marker shall be installed in the street opposite each hydrant and shown on the signing & striping plan. PW Acceptance of Improvements 114. Dry Utility Locations. All electric, telephone, cable TV, and communications utilities, shall be placed underground in accordance with the City policies and ordinances. All utilities shall be located and provided within public utility easements or public services easements and sized to meet utility company standards. PW Certificate of Occupancy or Acceptance of Improvements 115. Utility Vaults and Boxes. All utility vaults, boxes, and structures, unless specifically approved otherwise by the City Engineer, shall be underground and placed in landscaped areas and screened from public view. Landscape drawings shall be submitted to the City showing the location of all utility vaults, boxes, and structures and adjacent landscape features and plantings. The Joint Trench Plans shall be submitted along with the grading and/or improvement plans. PW Certificate of Occupancy or Acceptance of Improvements PUBLIC WORKS - CONSTRUCTION 116. Erosion Control Implementation. The Erosion and Sediment Control Plan shall be implemented between October 1st and April 30th unless otherwise allowed in writing by the City Engineer. The Applicant/Developer will be responsible for maintaining erosion and sediment control measures for one year following the City’s acceptance of the improvements. PW Start of Construction and On-going 117. Archaeological Finds. If archaeological materials are encountered during construction, construction within 100 feet of these materials shall be halted until a professional Archaeologist certified by the Society of California Archaeology (SCA) or the Society of Professional Archaeology (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation measures. PW Start of Construction and On-going 118. Construction Activities. Construction activities, including PW Start of CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: the idling, maintenance, and warming up of equipment, shall be limited to Monday through Friday, and non-City holidays, between the hours of 7:30 a.m. and 6:00 p.m. except as otherwise approved by the City Engineer. Extended hours or Saturday work will be considered by the City Engineer on a case-by-case basis. Note that the construction hours of operation within the public right-of-way are more restrictive. Construction and On-going 119. Temporary Fencing. Temporary construction fencing shall be installed along the construction work perimeter to separate the construction area from the public. All construction activities shall be confined within the fenced area. Construction materials and/or equipment shall not be operated/stored outside of the fenced area or within the public right-of-way unless approved in advance by the City Engineer. PW Start of Construction and On-going 120. Construction Noise Management Plan. Applicant/Developer shall prepare a construction noise management plan that identifies measures to minimize construction noise on surrounding developed properties. The plan shall include hours of construction operation, use of mufflers on construction equipment, speed limit for construction traffic, haul routes and identify a noise monitor. Specific noise management measures shall be provided prior to project construction. PW Start of Construction and On-going as needed 121. Traffic Control Plan. Closing of any existing public right of way pedestrian pathway and/or sidewalk during construction shall be implemented through a City-approved Traffic Control Plan and shall be done with the goal of minimizing the impact on pedestrian circulation. PW Start of Construction and On-going as needed 122. Construction Traffic Interface Plan. Applicant/Developer shall prepare a plan for construction traffic interface with public traffic on any existing public street. Construction traffic and parking may be subject to specific requirements by the City Engineer. PW Start of Construction; Implementation, and On-going as needed 123. Pest Control. Applicant/Developer shall be responsible for controlling any rodent, mosquito, or other pest problem due to construction activities. PW On-going PUBLIC WORKS - EROSION CONTROL AND STORMWATER QUALITY 124. Stormwater Treatment. Consistent with Provision C.3 of the Municipal Regional Stormwater NPDES Permit (MRP) Order No. R2-2015-0049, the Applicant/Developer shall submit documentation including construction drawings demonstrating all stormwater treatment measures and hydromodification requirements as applicable are met. PW Grading or Sitework Permit Issuance 125. NOI and SWPPP. Prior to any clearing or grading, Applicant/Developer shall provide the City evidence that a Notice of Intent (NOI) has been sent to the California State Water Resources Control Board per the requirements of the NPDES. A copy of the Storm Water Pollution Prevention Plan (SWPPP) shall be provided to the Public Works Department and be kept at the construction site. PW Start of Any Construction Activities 126. SWPPP. The Storm Water Pollution Prevention Plan (SWPPP) shall identify the Best Management Practices (BMPs) appropriate to the project construction activities. PW SWPPP to be Prepared Prior to Grading CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: The SWPPP shall include the erosion and sediment control measures in accordance with the regulations outlined in the most current version of the Association of Bay Area Governments (ABAG) Erosion and Sediment Control Handbook or State Construction Best Management Practices Handbook. The Applicant/Developer is responsible for ensuring that all contractors implement all storm water pollution prevention measures in the SWPPP. Permit Issuance; Implementation Prior to Start of Construction and On-going as needed 127. Stormwater Management Plan. A final Stormwater Management Plan shall be submitted for review and approval by the City Engineer. Approval is subject to the Applicant/Developer providing the necessary plans, details, and calculations that demonstrate the plan complies with the standards issued by the San Francisco Bay Regional Water Quality Control Board and Alameda Countywide Clean Water Program. PW Grading, Sitework, or Building Permit Issuance PUBLIC WORKS – ON-SITE IMPROVEMENTS 128. Drive Aisle Width. The parking lot aisles shall be a minimum of 24 feet wide to allow for adequate on-site vehicle circulation for cars, trucks, and emergency vehicles. PW Grading or Sitework Permit Issuance 129. Curb Ramps and Pedestrian Walkways. All curb ramps shall include truncated domes and meet the most current City and ADA design standards applicable to the Project site. All curb ramp locations shall be clearly shown on site plans and shall be subject to the Traffic Engineer's approval. Said work shall not be required on real property owned by the State of California. PW Grading or Sitework Permit Issuance 130. Vehicle Parking. All on-site vehicle parking spaces shall conform to the following: 1. All parking spaces shall be double striped using four- inch white lines set two feet apart in accordance with City Standards and DMC 8.76.070.A.17. 2. Twelve-inch wide concrete step-out curbs shall be constructed at each parking space where one or both sides abut a landscaped area or planter. 3. Where wheel stops are shown, individual six-foot long wheel stops shall be provided within each parking space in accordance with City Standards. 4. A minimum two-foot radius shall be provided at curb returns and curb intersections where applicable. 5. Parking stalls next to walls, fences and obstructions to vehicle door opening shall be an additional four feet in width per DMC 8.76.070.A.16. 6. Landscaped strips adjacent to parking stalls shall be unobstructed in order to allow for a minimum two-foot vehicular overhang at front of vehicles. 7. Any reduction of standard parking spaces to compact spaces shall be in accordance with City Standards and DMC 8.76.050 and as approved by Traffic Engineer. Number of on-site parking spaces shall be in accordance with shared parking provisions of the shared parking analysis report prepared by AMG Consultants, dated September 30, 2019, under the Minor Use Permit (MUP 2019-00044). PW Grading or Sitework Permit Issuance CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: 131. On-site Signing and Striping Plan. A Traffic Signing and Striping Plan showing all proposed signing and striping within on-site parking lots and drive aisles, shall be submitted for review and approval by the City Engineer. PW Grading or Sitework Permit Issuance 132. Photometrics. The Applicant/Developer shall provide a complete photometrics plan for both on-site and frontage roadways. Include the complete data on photometrics, including the High, Average and Minimum values for illuminance and uniformity ratio. PW Grading or Sitework Permit Issuance 133. Project signs. All proposed project monument signs shall be placed on private property. Signs should be located outside of any easement areas unless specifically approved by the City Engineer. Any signage allowed to be located in an easement is subject to removal and replacement at the expense of the Developer/property owner if required by the easement holder. PW Grading or Sitework Permit Issuance PUBLIC WORKS – SPECIAL CONDITIONS – SITE DEVELOPMENT REVIEW 134. Trash Enclosure. The trash enclosure shall meet all of the requirements set forth within the Dublin Municipal Code Section 7.98, including but not limited to providing sewer and water hook-ups. The improvement plans and/or building permit plans shall show additional information demonstrating these requirements are met. A pedestrian accessible path of travel shall be provided for employees from the building to the trash enclosure in conformance with current accessibility requirements. PW Grading, Sitework, or Building Permit Issuance 135. Drive Aisle Condition. Applicant/Developer shall evaluate the existing condition of the drive aisle and remove/replace damaged and hazardous pavement within the Project site and access easements. The final pavement condition shall be subject to the City Engineer approval. PW Grading, Sitework, or Building Permit Issuance 136. Pedestrian Walkway. Applicant/Developer shall provide a concrete walkway that connects to the adjacent office building walkway that meets the most current City and ADA design standards and shall be in conformance with the project plans prepared by DesignCell dated November 22, 2019, attached as Exhibit A. This concrete walkway shall directly connect to the public sidewalk on Dublin Boulevard at the project entry driveway. PW Grading, Sitework, or Building Permit Issuance 137. Bicycle Parking. Applicant/Developer shall install all bike lockers and bike racks in accordance with California Green Building Standards Code requirements. Both short-term and long-term needs shall be provided, and locations of the bicycle parking shall be subject to the review and approval of the City Engineer. PW Grading, Sitework, or Building Permit Issuance PUBLIC WORKS – SPECIAL CONDITIONS – MINOR USE PERMIT 138. Access and Circulation. Applicant/Developer shall provide access and circulation improvements including but not limited to driveway design, parking layout, pedestrian and bicycle circulation, drive aisle and removal/replacement or grinding of damaged and hazardous pavement. PW Grading Permit, Sitework Permit, or Building Permit Issuance 139. Shared Parking Study. Applicant/Developer shall adhere to the recommendations and analysis proposed in the Technical Memorandum: Parking Study for Mixed-Used PW Ongoing CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: Development in Dublin dated September 30, 2019 by Advanced Mobility Group as it pertains to the Office Building and Hotel Development. Any subsequent reports or studies shall be subject to review and approval of the City Traffic Engineer. 140. Bicycle Parking. Applicant/Developer shall install the bike lockers and bike racks in accordance with California Green Building Standards Code requirements. Both short term and long-term needs shall be provided, and locations of the bicycle parking shall be subject to the review and approval of the City Engineer. PW Grading Permit, Sitework Permit, or Building Permit Issuance 141. Signing and Striping Plan. Applicant/Developer shall provide a separate signing and striping plan on property owned by Applicant/Developer showing the sign locations for the shared parking between the hotel and the office building. Signs shall include guiding users to garage access from both the hotel and office building sites. PW Grading Permit, Sitework Permit, or Building Permit Issuance PASSED AND ADOPTED BY this 2nd day of June 2020 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk '()(55('68%0,77$/6),5('(3$570(17'()(55('68%0,66,216),5(635,1./(5$33529$/6$5(127,1&/8'('81'(57+,63(50,7%()25(&200(1&,1*$1<:25.217+(635,1./(56<67(03/$160867%(68%0,77('$1'$33529('%<7+(%8,/',1*6$)7(<',9,6,217+(6<67(00867%(,163(&7('$1'$33529('%<%8,/',1*6$)(7<,163(&7,2135,2572$&(57,),&$7(2)2&&83$1&<‡ &$5%210212;,'($/$506‡ 635,1./(56<67(0‡ 6,*1$*(3$&.$*(‡ $1&+257,('2:16<67(07+(³'()(55(',7(066+$//%(68%0,77('727+('(6,*1352)(66,21$/,15(63216,%/(&+$5*(:+26+$//5(9,(:7+(0$1')25:$5'7+(0727+(%8,/',1*2)),&,$/:,7+$127$7,21,1',&$7,1*7+$77+('()(55('68%0,77$/'2&80(176+$9(%((15(9,(:(' )281'72%(,1*(1(5$/&21)250$1&(727+('(6,*12)7+( %8,/',1*:,7+287$1<&255(&7,216´7+('()(55('68%0,77$/,7(066+$//127%(,167$//('817,/7+(%8,/',1*2)),&,$/+$6$33259('7+(,5'(6,*1$1'68%0,77$/'2&80(1767+((1*,1((5 6 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+27(/$8727851$1$/<6,6$%%5(9,$7,216/(*(1'352-(&76,7(127,&(72&2175$&7256127(6/2&$7('2125$'-$&(1772,7127(7+,66,7(+$6),%(5237,&/,1(6(;,67,1*2)),&(%8,/',1*'8%/,1'8%/,1%28/9$5'6$15$02152$',17(567$7((;,67,1*%8,/',1*&$/75$165,*+72):$<&$/75$165,*+72):$<&&29(56+((7352326('/27/,1( 129(0%(52)6+((766+((7'$7(6&$/('(6,*1(5-2%12 $125(9,6,21 12%<5(9,6,21 %<58%,&$13523(57<*5283//&'8%/,1%/9'=6'8%/,1&$/,)251,$)252)'5$)7(5 67$))$66+2:1$6(&7,21&7<3,&$/6(&7,216%6(&7,21&6(&7,21'6(&7,21 129(0%(52)6+((766+((7'$7(6&$/('(6,*1(5-2%12 $125(9,6,21 12%<5(9,6,21 %<58%,&$13523(57<*5283//&'8%/,1%/9'=6'8%/,1&$/,)251,$)252)'5$)7(5 67$))$66+2:1/(*(1'127(6&7232*5$3+,&6859(<127(7+,66,7(+$6),%(5237,&/,1(6/2&$7('2125$'-$&(1772,7&$/75$165,*+72):$<&$/75$165,*+72):$< &+25,=217$/&21752/3/$1129(0%(52)6+((766+((7'$7(6&$/('(6,*1(5-2%12 $125(9,6,21 12%<5(9,6,21 %<58%,&$13523(57<*5283//&'8%/,1%/9'=6'8%/,1&$/,)251,$)252)'5$)7(5 67$))$66+2:1 129(0%(52)6+((766+((7'$7(6&$/('(6,*1(5-2%12 $125(9,6,21 12%<5(9,6,21 %<58%,&$13523(57<*5283//&'8%/,1%/9'=6'8%/,1&$/,)251,$)252)'5$)7(5 67$))$66+2:1/(*(1'&35(/,0,1$5<*5$',1*$1''5$,1$*(3/$1 129(0%(52)6+((766+((7'$7(6&$/('(6,*1(5-2%12 $125(9,6,21 12%<5(9,6,21 %<58%,&$13523(57<*5283//&'8%/,1%/9'=6'8%/,1&$/,)251,$)252)'5$)7(5 67$))$66+2:1$'(7$,/&35(/,0,1$5<87,/,7<3/$1/(*(1' 129(0%(52)6+((766+((7'$7(6&$/('(6,*1(5-2%12 $125(9,6,21 12%<5(9,6,21 %<58%,&$13523(57<*5283//&'8%/,1%/9'=6'8%/,1&$/,)251,$)252)'5$)7(5 67$))$66+2:1&/(*(1'67$%,/,=('&216758&7,21(175$1&(675$::$77/(6(',0(1775$3),/7(5'523,1/(76(',0(17),/7(587,/,=,1*52&.%$55,(5%$*6(;,67,1*&85%,1/(7),/7(5'(7$,/&21752/0($685(6(526,21 6(',0(17(526,21&21752/3/$1 129(0%(52)6+((766+((7'$7(6&$/('(6,*1(5-2%12 $125(9,6,21 12%<5(9,6,21 %<58%,&$13523(57<*5283//&'8%/,1%/9'=6'8%/,1&$/,)251,$)252)'5$)7(5 67$))$66+2:1&&/($1%$<%/8(35,17 129(0%(52)6+((766+((7'$7(6&$/('(6,*1(5-2%12 $125(9,6,21 12%<5(9,6,21 %<58%,&$13523(57<*5283//&'8%/,1%/9'=6'8%/,1&$/,)251,$)252)'5$)7(5 67$))$66+2:1&67250:$7(548$/,7<&21752/3/$17<3,&$/75($70(173/$17(56(&7,21/(*(1''0$67250:$7(5&21752/127(66285&(&21752/ 6,7('(6,*10($685(67&0Refer to Sheet C5 for limit of work for thehotel 129(0%(52)6+((766+((7'$7(6&$/('(6,*1(5-2%12 $125(9,6,21 12%<5(9,6,21 %<58%,&$13523(57<*5283//&'8%/,1%/9'=6'8%/,1&$/,)251,$)252)'5$)7(5 67$))$66+2:1&+27(/$8727851$1$/<6,6 Technical Memorandum Advanced Mobility Group | 3003 Oak Road, Suite 100, Walnut Creek, Ca. 94596 www.amobility.com To: Kameron Klotz Director of Investments & Acquisitions Rubicon Property Group From: Christopher Thnay, PE, AICP & Shruti Shrivastava Address: 1840 San Miguel Drive, Suite 206 Walnut Creek, CA 94596 Email: kameron@rubiconpg.com Date: September 30, 2019 Subject: Parking Study for Mixed-Used Development in Dublin Introduction The purpose of the study is to conduct a parking demand estimate for the proposed mixed-use project being developed at the southeast quadrant of the intersection of San Ramon Road and Dublin Boulevard as shown in Figure 1. The proposed project with three land use options includes a hotel, office, retail and restaurant. Schematic of the project site in aerial view is shown Figure 2. Project Area The project site is located at the southeast quadrant of the intersection of Dublin Boulevard and San Ramon Road. This site is approximately 0.5 miles (10-12-minute walk) from West Dublin BART Station. Transit Services Route 30R transit service stop provided by the Livermore Amador Valley Transit Authority (LAVTA) is located near the intersection of Dublin Boulevard/Golden Gate Drive as shown in Figure 3 which is approximately 0.4 miles (8- minute walk) from the project site. The 30R (Rapid) provides service every 15-minutes all day on weekdays to the following locations: East and West Dublin BART, Dublin Boulevard, Las Positas College, Portola Avenue, on Railroad Avenue adjacent to the Livermore Transit Center/ACE, and East Avenue. Additionally, Route 503 transit stops are present at the intersection of Dublin Boulevard/Donlon Way, Figure 1: Project Vicinity Figure 2: Project Site September 30, 2019 Kameron Klotz Page 2 of 11 approximately 0.1 miles (3-minute walk) from the project site. There are several commercial and retail land uses within the vicinity of the project. San Ramon Road connects to Interstate I-580 south of Dublin Boulevard and the project area. Project Options Three land use options or phasing are proposed for the project and are summarized below and shown in Table 1. The purpose of the land use options are as follows:  Option 1 is the proposed project as submitted in the two SDRs.  Option 2 removes the Hooter's building and associated parking field. The idea here is that if the office building and the hotel provide enough parking to satisfy those two uses, then the development of the Hooter’s portion would not be required to consider shared parking.  Option 3 is the pre-application project with the demolition of Hooter’s and addition of pads totaling 8,000 square feet building on the site. Table 1: Proposed Land Use Options Land Use Quantity (sf) ITE 1 Retail 5,000 ITE 850 2 Restaurant 4,000 ITE 932 3 Fitness 5,000 ITE 492 4 Restaurant 5,065 ITE 932 5 Hotel-Business 138 (rm) ITE 312 6 Office 63,562 ITE 701 Total Parking Provided 351 Land Use Quantity (sf) ITE 1 Retail 5,000 ITE 850 2 Restaurant 4,000 ITE 932 3 Fitness 5,000 ITE 492 4 Hotel-Business 138 (rm) ITE 312 5 Office 63,562 ITE 701 Total Parking Provided 280 Land Use Quantity (sf) ITE 1 Retail 5,000 ITE 850 2 Restaurant 4,000 ITE 932 3 Fitness 5,000 ITE 492 4 Retail-pad 3,000 ITE 850 5 Restaurant-pad 2,500 ITE 932 6 Restaurant - pad BOH 2,500 ITE 932 7 Hotel-Business 138 (rm) ITE 312 8 Office 63,562 ITE 701 Total Parking Provided 360 Option 1 Option 2 Option 3 Figure 3: Bus Route 30R Stop Locations September 30, 2019 Kameron Klotz Page 3 of 11 Parking Spaces Required Per City of Dublin Municipal Code AMG estimated the number of parking spaces required for the proposed project per the City of Dublin’s Municipal Code, Chapter 8.76 Off-Street Parking and Loading Regulations, Section 8.76.080 Parking Requirements by Use Type. Tables 2, 3 and 4 summarize the estimated parking spaces required under Options 1,2 and 3 of the proposed projects. Table 2: Parking Spaces Required per City Standards for Option 1 Table 3: Parking Spaces Required per City Standards for Option 2 Land Use Quantity Unit 1 Retail 5,000 sf GFA 17 2 Restaurant 4,000 sf GFA 20 3 Fitness 5,000 sf GFA 33 4 Restaurant 5,065 sf GFA 25 5 Hotel-Business 138 rooms 165 6 Office 63,562 sf GFA 182 442Total Project Data Estimated Parking Land Use Quantity Unit 1 Retail 5,000 sf GFA 17 2Restaurant 4,000 sf GFA 20 3 Fitness 5,000 sf GFA 33 4 Hotel-Business 138 rooms 165 5 Office 63,562 sf GFA 182 417Total Project Data Estimated Parking September 30, 2019 Kameron Klotz Page 4 of 11 Table 4: Parking Spaces Required per City Standards for Option 3 Based on the results of the analysis, the number of parking spaces to be provided by the proposed mixed-use project does not meet the City requirements by 91 spaces under Option 1, 137 under Option 2, and 88 spaces under Option 3. ITE Parking Trip Generation Analysis and Methodology As a comparison, AMG utilized Institute of Transportation Engineer’s (ITE) Parking Generation Manual, 5th Edition to evaluate if the parking demand created by the proposed hotel, office, retail and restaurant land uses would be met for the three land use options and parking-spaces provided by the options. The parking demand analysis evaluates the three land use options as shown in Table 1. ITE Average Parking Demand Rates The ITE Parking Generation Manual provides several statistical information including average, 33rd percentile, 85h percentile and standard deviation. Additional information provided include time of day peaking and place – urban vs. suburban. Many agencies use average parking demand rate as the likely peak parking demand for a land use. However, in some situations such as a large shopping center with large seasonal demand fluctuations (e.g. holiday season) use of average might not be appropriate. As recommended by the City,1 AMG used 115% of ITE average rate – with additional 15 % being a safety factor against unexpected parking surges. 1 July 16, 2019 comment by Amy Million on AMG July 1 Draft Report Land Use Quantity Unit 1 Retail 5,000 sf GFA 17 2 Restaurant 4,000 sf GFA 20 3 Fitness 5,000 sf GFA 33 4 Retail-pad 3,000 sf GFA 10 5 Restaurant-pad 2,500 sf GFA 13 6 Restaurant - pad BOH 2,500 sf GFA 8 7 Hotel-Business 138 rooms 165 8 Office 63,562 sf GFA 182 448Total Project Data Estimated Parking September 30, 2019 Kameron Klotz Page 5 of 11 The parking rates and time of day (TOD) information for four land use categories from ITE Parking (5th Edition) for the proposed mixed-use project were approved by staff2 before we proceed with this analysis. Tables 5, 6 and 7 summarize the average peak period parking demand generated under Options 1,2 and 3 scenarios for the proposed project. Table 5: ITE Parking Demand Summary for Option 1 (115% Average Peak Period Parking Demand) Table 6: ITE Parking Demand Summary for Option 2 (Average Peak Period Parking Demand) 2 August 8, 2019 email from Obaid Khan, City of Dublin Land Use Quantity Unit 1 Retail (ITE Land Use 850)5000 sf GFA 3.37 17 2 Restaurant (ITE Land Use 932)4,000 sf GFA 10.86 43 3 Fitness (ITE Land Use 492)5,000 sf GFA 5.44 27 4 Restaurant (ITE Land Use 932)5,065 sf GFA 10.86 55 5 Hotel-Business (ITE Land Use 312)138 rooms 0.83 114 6 Office (ITE 710) 63,562 sf GFA 2.75 175 431 Project Data Weekday ITE Parking Rate (X1.15%) Weekday Estimated Parking Demand Note: Hotel-Business (ITE Land Use 312) - occupied room rate used which is more conservative, 5th Edition Land Use Quantity Unit 1 Retail (ITE Land Use 850)5000 sf GFA 3.37 17 2 Restaurant (ITE Land Use 932)4,000 sf GFA 10.86 43 3 Fitness (ITE Land Use 492)5,000 sf GFA 5.44 27 4 Hotel-Business (ITE Land Use 312)138 rooms 0.83 114 5 Office (ITE 710) 63,562 sf GFA 2.75 175 376 Project Data Weekday ITE Parking Rate (X1.15%) Weekday Estimated Parking Demand Note: ITE, 5th Edition September 30, 2019 Kameron Klotz Page 6 of 11 Table 7: ITE Parking Demand Summary for Option 3 (Average Peak Period Parking Demand) Based on the results of the 115% factored ITE average peak period parking demand generation analysis, the parking spaces provided by the proposed project for the three land use options would be short respectively by 80 spaces, 96 spaces and 81 spaces. Potential Factors in Reduction of Parking Demand Note that these parking demand rates were based on ITE standalone site estimates without taking into considerations internal trips due to mixed-use or shared parking. For example, hotel patrons and office employees could walk to the restaurants or retail stores without having to drive and park. In addition, major changes in car rental of hotel guests have also been noted by the hotel industry. It has been shown that ride-hailing companies, like Uber and Lyft, are changing transportation habits and having a measurable impact on parking demand for many land uses. Specifically, it has been shown the largest impacts of ride-hailing to parking are occurring at hotels, restaurants, events centers, and airports where demand for ride-hailing is greatest. Particularly, studies have shown that hotel parking demand seems to have decreased in many places due to ride-hailing; travelers are choosing to use ride-hailing, instead of rental cars, to get to and from the hotel. Based on the survey conducted for TNC usage for various land-uses as summarized in the “Ride- Hailing Impacts on Parking” – An overview created by Walker Consultants, approximately 40% of the visitors to Hotel land use utilized a car rental while the remaining used taxi’s and ride sharing services (60% not driving). Land Use Quantity Unit 1 Retail (ITE Land Use 850)5000 sf GFA 3.37 17 2 Restaurant (ITE Land Use 932)4,000 sf GFA 10.86 43 3 Fitness (ITE Land Use 492)5,000 sf GFA 5.44 27 4 Retail - pad (ITE Land Use 850)3000 sf GFA 3.37 10 5 Restaurant - pad (ITE Land Use 932)2,500 sf GFA 10.86 27 6 Restaurant - pad BOH (ITE Land Use 932)2,500 sf GFA 10.86 27 7 Hotel-Business (ITE Land Use 312)138 rooms 0.83 114 8 Office (ITE 710) 63,562 sf GFA 2.75 175 441 Project Data Weekday ITE Parking Rate (X1.15%) Weekday Estimated Parking Demand Note: ITE, 5th Edition September 30, 2019 Kameron Klotz Page 7 of 11 Since the site is approximately 0.5 miles (10-12-minute walk) from West Dublin BART Station, it is anticipated that some of the hotel workers of office employees might be able to use transit instead of driving to work. Note that the ITE Parking Generation Manual states that the most accurate way to estimate parking demand is by conducting parking studies at a similar use in the vicinity of proposed project. In the absence of such data use of ITE parking generation tables could be used by applying local knowledge and judgment on parking supply and demand. Other Mixed-Use Development Parking Factors to Consider Very often in the recent past, many agencies or municipalities would enforce parking rate regulations for developers to provide a predetermined amount of parking space for each type of land use. This could result in an overabundance of parking, as far more spaces are created than needed at any given moment. The excess and availability of free parking spaces (unknowingly) induces more driving while also typically leaving many spaces underused. With prevailing awareness on creating sustainable developments, many agencies are discontinuing such parking policies since it inhibits the possibility to design more compact developments and neighborhoods with active uses. Since the proposed project is a mixed-use development consisting of hotel, office building, retail building, fitness and restaurant, it is anticipated that there would be some internal trips within mixed-use developments as well as variations in peak parking demand by time of day by several land uses that are not captured by ITE parking rates that were derived based on standalone land uses. Various studies have shown that conventional use of ITE has overlooked the full potential for internalizing trips through interaction among on-site activities. The ITE trip-generation data and analysis methods apply primarily to single-use and freestanding sites, which limits their applicability to compact, mixed-use development. In 2011, two major studies introduced methodologies for predicting traffic generation from mixed use development: 1. National Cooperative Highway Research Program (NCHRP) Report 684, “Enhancing Internal Trip Capture Estimation for Mixed- Use Developments,” analyzed internal-capture relationships of mixed-use sites and examined the travel interactions among six individual types of land uses: office, retail, restaurant, residential, cinema, and hotel, and 2. The U.S. EPA–sponsored 2011 report, “Traffic Generated by Mixed-Use Developments — A Six-Region Study Using Consistent Built Environmental Measures,” investigated trip generation, mode choice, and trip length for trips produced and attracted by mixed use developments. Researchers selected six regions — Atlanta, Boston, Houston, Portland, Sacramento, and Seattle — to represent a wide range of urban scale, form, and climatic condition. It was concluded that the ITE Trip Generation Manual and Handbook overestimate peak traffic generation for mixed-use development by an average of 35 percent3. 3 NCHRP Report 684, “Enhancing Internal Trip Capture Estimation for Mixed- Use Developments,”2011, page 26 September 30, 2019 Kameron Klotz Page 8 of 11 It could be expected that the proposed mixed-use development would experience a fair number of internal trips. In essence, there is a captive-market when patrons who are already parked in the area can take advantage of other nearby services. For example, office employees, hotel patrons and employees could walk across to the restaurant without having to drive and park. Thus, they are not a source of additional parking demand to use the restaurant. In addition, since the proposed development is a business hotel, it could be expected that some of the hotel patrons could be working out of the office building. Both users could also be patrons at the proposed health club. Based on the expected internal trips and the aforementioned studies, the estimated ITE average parking demands generated by the proposed project for the three options are within 25 percent or less of the parking supply provided for each scenario. This would be considerably less than the 35 percent potential overestimation of parking demand as documented in the NCHRP mentioned previously. However, the ITE Parking Generation Manual states that the most accurate way to estimate parking demand is by conducting parking studies at a similar use in the nearby area. In the absence of such data use of ITE parking generation tables could be used by applying local knowledge and judgment on parking supply and demand. Shared Parking Concept and Analysis Background Typically, shared parking is possible for project sites that serve two or more land uses without conflict or encroachment. Parking spaces can be shared if there are variations in the accumulation of vehicles by hour, day or season at the individual land uses and if the parking demand of land uses results in same auto- trips. Like other urban travel characteristics, parking demands fluctuates during peak and off-peak schedules depending on types of land use and the project area. It has been shown conclusively that distinct but complementary patterns, such as “office parking” that is generally empty in the evenings and on weekends and “hotel parking” that is generally fuller in the evenings, offer an opportunity for cities to better satisfy residents and commuters without increasing supply. Shared parking is a land use/development strategy that optimizes parking capacity by allowing complementary land uses to share spaces, rather than constructing separate parking spaces for separate uses. Shared parking works especially well with mixed use development. Many cities that embraced sustainable developments have shown that shared parking unlocks the potential for higher development densities around transit hubs, and acts as a control mechanism against urban sprawl. By allowing and encouraging adjacent property owners to share parking spaces, cities can accommodate essential parking demands like disabled parking, emergency vehicles and freight delivery while promoting travel by more sustainable modes with better land use integration. This study uses shared parking potential due to inherent land use characteristics of hotel, office, retail and restaurant which has peak parking demand that fluctuates and varies at various times of day. Time of Day information are based on data contained in the ITE 5th Edition report and obviously could vary based on the location. Based on our experience, the time of day parking demand shown for office and hotel could be considered consistent. Details of ITE 5th Edition Time of Day Parking information for some of the land uses are contained in Appendix A. September 30, 2019 Kameron Klotz Page 9 of 11 Using the Time of Day Parking demand information, AMG estimated an expected parking demand for the proposed mixed-used development. The estimated parking demand due to time of day shared parking for Option 1,2 and 3 are shown in Table 8, 9 and 10. The result seems to indicate that the proposed parking spaces provided by the development would be adequate. Detailed hourly calculations for Time of Day Parking for each of the three Options based on ITE 5th Edition information are contained in Appendix B. Table 8: Estimated Parking due to Fluctuations in Time of Day Parking Demand (Option 1) Table 9: Estimated Parking due to Fluctuations in Time of Day Parking Demand (Option 2) Cumulative Time of Day Total Parking Demand Estimates Cumulative Spaces 124 149 224 288 333 334 325 309 288 278 275 258 222 195 143 130 122 Time 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Parking Spaces Provided: 351 0 50 100 150 200 250 300 350 400 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PMParking DemandTime of Day ITE Parking Demand Cumulative Estimates for Option 1 Based on Time of Day Demand (Suburban) ITE Rates City Rates Cumulative Time of Day Total Parking Demand Estimates Cumulative Spaces 118 135 186 249 291 288 270 259 257 255 252 223 174 152 108 107 110 Time 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Parking Spaces Provided: 280 0 50 100 150 200 250 300 350 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PMParking DemandTime of Day ITE Parking Demand Cumulative Estimates for Option 2 Based on Time of Day Demand (Suburban) ITE Rates City Rates September 30, 2019 Kameron Klotz Page 10 of 11 Table 10: Estimated Parking due to Fluctuations in Time of Day Parking Demand (Option 3) Conclusion Based on results of our parking analysis, the following are several conclusions: Proposed mixed-used development (consisting of a hotel, office, restaurant and retail) showed three options being proposed for the project and summarized here:  Option 1 consists of a 5,000 s.f. retail, 4,000 s.f. restaurant, 5,000 s.f. fitness club, 5,065 s.f. restaurant, 138 room hotel and 63,562 s.f. office with 351 parking spaces.  Option 2 consists of a 5,000 s.f. retail, 4,000 s.f. restaurant, 5,000 s.f. fitness club, 138 room hotel and 63,562 s.f. office with 280 parking spaces.  Option 3 consists of a 5,000 s.f. retail, 4,000 s.f. restaurant, 5,000 s.f. fitness club, 3,000 s.f. retail store, a 5,000 s.f. restaurant, 138 room hotel and 63,562 s.f. office with 360 parking spaces. City Parking Demand Rates - results of the parking demand analysis based on city parking rates estimated that 442, 417 and 460 spaces would be required respectively for Option 1, Option 2 and Option 3. Therefore, based on the City parking rates, the proposed parking supply is short by 91 spaces under Option 1, 137 under Option 2, and 100 spaces under Option 3. ITE Parking Generation ITE provided several parking demand rates and statistical factors including average and 85th percentile parking demand.  Average Parking Demand - Many agencies use average parking demand rate as the likely peak parking demand for a land use. As recommended by the City, AMG used 115% of ITE average rate – with additional 15 % being a safety factor against unexpected parking surges. Results of the parking demand analysis based on 115% ITE Cumulative Time of Day Total Parking Demand Estimates Cumulative Spaces 124 148 223 288 338 340 332 317 296 287 284 268 231 203 148 133 124 Time 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Parking Spaces Provided: 360 0 50 100 150 200 250 300 350 400 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PMParking DemandTime of Day ITE Parking Demand Cumulative Estimates for Option 3 Based on Time of Day Demand (Suburban) ITE Rates City Rates September 30, 2019 Kameron Klotz Page 11 of 11 average parking rates estimated that 431, 376 and 441 spaces would be required respectively for Option 1, option 2 and Option 3. Therefore, the parking spaces provided by the proposed project does not meet the parking demand generated by the proposed land uses.  It is noted that based on the expected internal trips and key studies conducted by NCHRP and U.S. EPA concluded that ITE parking rates could overestimate peak traffic generation for mixed-use development by an average of 35 percent parking demands.  Rate used did not account for hotel travelers who are choosing to use ride-hailing, instead of rental cars, to get to and from the hotel.  It is anticipated that some of the hotel workers of office employees might be able to use transit instead of driving to work.  ITE Parking Generation Manual states that the most accurate way to estimate parking demand is by conducting parking studies at a similar use in the nearby area. In the absence of such data use of ITE parking generation tables could be used by applying local knowledge and judgment on parking supply and demand. Time of Day Parking Fluctuations Factors The ITE report provided an estimate of time of day peak parking information for hotel, office, retail and restaurant. AMG has generated expected parking demand for the proposed mixed- used development under both ITE and City rates (as shown in Table 8, 9 and 10). The results indicated that proposed parking spaces provided by the development for a combination of land options would be adequate for Options 1 and 3. Based on time of day peak for Option 2, parking demand estimate would be short by 11 (four percent) and 29 (10 percent) respectively for ITE and City parking rates. z:\p1812165 - dublin parking (rubicon)\report\tm 093019 dublin mixed-use parking study.docx Advanced Mobility Group | 3003 Oak Road, Suite 100, Walnut Creek, Ca. 94596 www.amobility.com Appendix A – ITE 5th Edition Time of Day Parking information Advanced Mobility Group | 3003 Oak Road, Suite 100, Walnut Creek, Ca. 94596 www.amobility.com Appendix B – ITE 5th Edition Time of Day Parking Calculations for three Land Use Options ITE (5th Ed) Suburban Parking Demand Summary for Option 1 (x1.15% Average) Cumulative Time of Day Total Parking Demand Estimates Cumulative Spaces 124 149 224 288 333 334 325 309 288 278 275 258 222 195 143 130 122 Time 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Parking Spaces Provided: 351 Time of Day Parking Estimates for Land Uses (ITE Parking 5th Edition) 1. ITE 850 Supermarket Time of Day Parking Estimates Spaces 00001011151516161617 17 14 9 6 3 Time 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Percent Peak ----596786879397971009983533820 Max Parking 17 Spaces 2. ITE 932 High-Turnover (Sit-Down) Restaurant Time of Day Parking Estimates Spaces 4 112931333643 39 24 18 18 28 37 34 28 18 9 Time 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Percent Peak 10 25 68 72 77 83 100 91 56 42 42 64 87 79 65 42 21 Max Parking 43 Spaces 3. ITE 492 Fitness - Office Time of Day Parking Estimates Spaces 0000171512111011192627 23 0 0 0 Time 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Percent Peak ----625544413641699610085--- Max Parking 27 Spaces 4. ITE 932 High-Turnover (Sit-Down) Restaurant Time of Day Parking Estimates Spaces 6 143740424655 50 31 23 23 35 48 43 36 23 12 Time 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Percent Peak 10 25 68 72 77 83 100 91 56 42 42 64 87 79 65 42 21 Max Parking 55 Spaces 5. ITE 312 Business Hotel Time of Day Parking Estimates Spaces 114 101 73 64 56 51 51 47 44 44 50 55 58 62 71 82 98 Time 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Percent Peak 100 89 64 56 49 45 45 41 39 39 44 48 51 54 62 72 86 Max Parking 114 Spaces 6. ITE 701 General Office Building Time of Day Parking Estimates Spaces 0 23 84 154 175 175 149 147 163 165 149 98 35 19 0 0 0 Time 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Percent Peak - 13 48 88 100 100 85 84 93 94 85 56 20 11 - - - Max Parking 175 Spaces 0 50 100 150 200 250 300 350 400 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PMParking DemandTime of Day ITE Parking Demand Cumulative Estimates for Option 1 Based on Time of Day Demand (Suburban) ITE Rates City Rates 9/27/2019 Z:\P1812165 ‐ Dublin Parking (Rubicon)\Parking Analysis\Dublin Mxed Use ‐ ITE 5th  Time of Day 091019 ITE (5th Ed) Suburban Parking Demand Summary for Option 2 (x1.15% Average) Cumulative Time of Day Total Parking Demand Estimates Cumulative Spaces 118 135 186 249 291 288 270 259 257 255 252 223 174 152 108 107 110 Time 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Parking Spaces Provided: 280 Time of Day Parking Estimates for Land Uses (ITE Parking 5th Edition) 1. ITE 850 Supermarket Time of Day Parking Estimates 10 11 15 15 16 16 16 17 17 14 9 6 3 Time 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Percent Peak ----596786879397971009983533820 Max Parking 17 Spaces 2. ITE 932 High-Turnover (Sit-Down) Restaurant Time of Day Parking Estimates 4 112931333643 39 24 18 18 28 37 34 28 18 9 Time 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Percent Peak 10 25 68 72 77 83 100 91 56 42 42 64 87 79 65 42 21 Max Parking 43 Spaces 3. ITE 492 Fitness - Office Time of Day Parking Estimates Spaces 0000171512111011192627 23 0 0 0 Time 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Percent Peak ----625544413641699610085--- Max Parking 27 Spaces 4. ITE 312 Business Hotel Time of Day Parking Estimates 114 101 73 64 56 51 51 47 44 44 50 55 58 62 71 82 98 Time 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Percent Peak 100 89 64 56 49 45 45 41 39 39 44 48 51 54 62 72 86 Max Parking 114 Spaces 5. ITE 701 General Office Building Time of Day Parking Estimates 0 23 84 154 175 175 149 147 163 165 149 98 35 19 0 0 0 Time 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Percent Peak - 13 48 88 100 100 85 84 93 94 85 56 20 11 - - - Max Parking 175 Spaces 0 50 100 150 200 250 300 350 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PMParking DemandTime of Day ITE Parking Demand Cumulative Estimates for Option 2 Based on Time of Day Demand (Suburban) ITE Rates City Rates 9/27/2019 Z:\P1812165 ‐ Dublin Parking (Rubicon)\Parking Analysis\Dublin Mxed Use ‐ ITE 5th  Time of Day 091019 ITE (5th Ed) Suburban Parking Demand Summary for Option 3 (x1.15% Average) Cumulative Time of Day Total Parking Demand Estimates Cumulative Spaces 124 148 223 288 338 340 332 317 296 287 284 268 231 203 148 133 124 Time 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Parking Spaces Provided: 360 Time of Day Parking Estimates for Land Uses (ITE Parking 5th Edition) 1. ITE 850 Supermarket Time of Day Parking Estimates Spaces 00001011151516161617 17 14 9 6 3 Time 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Percent Peak ----596786879397971009983533820 Max Parking 17 Spaces 2. ITE 932 High-Turnover (Sit-Down) Restaurant Time of Day Parking Estimates 4 112931333643 39 24 18 18 28 37 34 28 18 9 Time 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Percent Peak 10 25 68 72 77 83 100 91 56 42 42 64 87 79 65 42 21 Max Parking 43 Spaces 3. ITE 492 Fitness - Office Time of Day Parking Estimates Spaces 0000171512111011192627 23 0 0 0 Time 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Percent Peak ----625544413641699610085--- Max Parking 27 Spaces 4. ITE 850 Supermarket Time of Day Parking Estimates Spaces 000067999101010 10854 2 Time 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Percent Peak ----596786879397971009983533820 Max Parking 10 Spaces 5. ITE 932 High-Turnover (Sit-Down) Restaurant Time of Day Parking Estimates 3 7 18 19 21 22 27 25 15 11 11 17 23 21 18 11 6 Time 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Percent Peak 10 25 68 72 77 83 100 91 56 42 42 64 87 79 65 42 21 Max Parking 27 Spaces 6. ITE 932 High-Turnover (Sit-Down) Restaurant Time of Day Parking Estimates 3 7 18 19 21 22 27 25 15 11 11 17 23 21 18 11 6 Time 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Percent Peak 10 25 68 72 77 83 100 91 56 42 42 64 87 79 65 42 21 Max Parking 27 Spaces 7. ITE 312 Business Hotel Time of Day Parking Estimates Spaces 114 101 73 64 56 51 51 47 44 44 50 55 58 62 71 82 98 Time 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Percent Peak 100 89 64 56 49 45 45 41 39 39 44 48 51 54 62 72 86 Max Parking 114 Spaces 8. ITE 701 General Office Building Time of Day Parking Estimates Spaces 0 23 84 154 175 175 149 147 163 165 149 98 35 19 0 0 0 Time 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Percent Peak - 13 48 88 100 100 85 84 93 94 85 56 20 11 - - - Max Parking 175 Spaces 0 50 100 150 200 250 300 350 400 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PMParking DemandTime of Day ITE Parking Demand Cumulative Estimates for Option 3 Based on Time of Day Demand (Suburban) ITE Rates City Rates 9/27/2019 Z:\P1812165 ‐ Dublin Parking (Rubicon)\Parking Analysis\Dublin Mxed Use ‐ ITE 5th  Time of Day 091019 City Parking Spaces Required Summary for Option 1 Cumulative Time of Day Total Parking Demand Estimates Cumulative Spaces 170 182 224 285 328 323 303 290 287 284 285 259 210 187 141 144 155 Time 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Parking Spaces Provided: 351 Time of Day Parking Estimates for Land Uses (ITE Parking 5th Edition) 1. ITE 850 Supermarket Time of Day Parking Estimates Spaces 00001011151516161617 17 14 9 6 3 Time 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Percent Peak ----596786879397971009983533820 Max Parking 17 Spaces 2. ITE 932 High-Turnover (Sit-Down) Restaurant Time of Day Parking Estimates Spaces 2 5 14 14 15 17 20 18 11 8 8 13 17 16 13 8 4 Time 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Percent Peak 10 25 68 72 77 83 100 91 56 42 42 64 87 79 65 42 21 Max Parking 20 Spaces 3. ITE 492 Fitness - Office Time of Day Parking Estimates Spaces 0000201815141214233233 28 0 0 0 Time 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Percent Peak ----625544413641699610085--- Max Parking 33 Spaces 4. ITE 932 High-Turnover (Sit-Down) Restaurant Time of Day Parking Estimates Spaces 3 6 17 18 19 21 25 23 14 11 11 16 22 20 16 11 5 Time 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Percent Peak 10 25 68 72 77 83 100 91 56 42 42 64 87 79 65 42 21 Max Parking 25 Spaces 5. ITE 312 Business Hotel Time of Day Parking Estimates Spaces 165 147 106 92 81 74 74 68 64 64 73 79 84 89 102 119 142 Time 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Percent Peak 100 89 64 56 49 45 45 41 39 39 44 48 51 54 62 72 86 Max Parking 165 Spaces 6. ITE 701 General Office Building Time of Day Parking Estimates Spaces 0 24 87 160 182 182 155 153 169 171 155 102 36 20 0 0 0 Time 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Percent Peak - 13 48 88 100 100 85 84 93 94 85 56 20 11 - - - Max Parking 182 Spaces 0 50 100 150 200 250 300 350 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PMParking DemandTime of Day City Parking Spaces Required Cumulative Estimates for Option 1 Based on Time of Day Demand (ITE) 9/27/2019 Z:\P1812165 ‐ Dublin Parking (Rubicon)\Parking Analysis\Dublin Mxed Use ‐City Rates  Time of Day 092719 City Parking Spaces Required Summary for Option 2 Cumulative Time of Day Total Parking Demand Estimates Cumulative Spaces 167 176 207 267 309 302 278 267 273 274 275 243 188 167 124 134 150 Time 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Parking Spaces Provided: 280 Time of Day Parking Estimates for Land Uses (ITE Parking 5th Edition) 1. ITE 850 Supermarket Time of Day Parking Estimates 10 11 15 15 16 16 16 17 17 14 9 6 3 Time 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Percent Peak ----596786879397971009983533820 Max Parking 17 Spaces 2. ITE 932 High-Turnover (Sit-Down) Restaurant Time of Day Parking Estimates 2 5 14 14 15 17 20 18 11 8 8 13 17 16 13 8 4 Time 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Percent Peak 10 25 68 72 77 83 100 91 56 42 42 64 87 79 65 42 21 Max Parking 20 Spaces 3. ITE 492 Fitness - Office Time of Day Parking Estimates Spaces 0000201815141214233233 28 0 0 0 Time 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Percent Peak ----625544413641699610085--- Max Parking 33 Spaces 4. ITE 312 Business Hotel Time of Day Parking Estimates 165 147 106 92 81 74 74 68 64 64 73 79 84 89 102 119 142 Time 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Percent Peak 100 89 64 56 49 45 45 41 39 39 44 48 51 54 62 72 86 Max Parking 165 Spaces 5. ITE 701 General Office Building Time of Day Parking Estimates 0 24 87 160 182 182 155 153 169 171 155 102 36 20 0 0 0 Time 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Percent Peak - 13 48 88 100 100 85 84 93 94 85 56 20 11 - - - Max Parking 182 Spaces 0 50 100 150 200 250 300 350 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PMParking DemandTime of Day City Parking Spaces Required Cumulative Estimates for Option 2 Based on Time of Day Demand (ITE) 9/27/2019 Z:\P1812165 ‐ Dublin Parking (Rubicon)\Parking Analysis\Dublin Mxed Use ‐City Rates  Time of Day 092719 City Parking Spaces Required Summary for Option 3 Cumulative Time of Day Total Parking Demand Estimates Cumulative Spaces 171 184 230 292 342 338 322 308 301 298 299 275 228 203 152 152 159 Time 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Parking Spaces Provided: 360 Time of Day Parking Estimates for Land Uses (ITE Parking 5th Edition) 1. ITE 850 Supermarket Time of Day Parking Estimates Spaces 00001011151516161617 17 14 9 6 3 Time 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Percent Peak ----596786879397971009983533820 Max Parking 17 Spaces 2. ITE 932 High-Turnover (Sit-Down) Restaurant Time of Day Parking Estimates 2 5 14 14 15 17 20 18 11 8 8 13 17 16 13 8 4 Time 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Percent Peak 10 25 68 72 77 83 100 91 56 42 42 64 87 79 65 42 21 Max Parking 20 Spaces 3. ITE 492 Fitness - Office Time of Day Parking Estimates Spaces 0000201815141214233233 28 0 0 0 Time 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Percent Peak ----625544413641699610085--- Max Parking 33 Spaces 4. ITE 850 Supermarket Time of Day Parking Estimates Spaces 000067999101010 10854 2 Time 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Percent Peak ----596786879397971009983533820 Max Parking 10 Spaces 5. ITE 932 High-Turnover (Sit-Down) Restaurant Time of Day Parking Estimates 4 7 18 19 21 22 27 25 15 11 11 17 23 21 18 11 6 Time 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Percent Peak 13 25 68 72 77 83 100 91 56 42 42 64 87 79 65 42 21 Max Parking 27 Spaces 6. ITE 932 High-Turnover (Sit-Down) Restaurant Time of Day Parking Estimates 1256678 7 43357653 2 Time 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Percent Peak 10 25 68 72 77 83 100 91 56 42 42 64 87 79 65 42 21 Max Parking 8 Spaces 7. ITE 312 Business Hotel Time of Day Parking Estimates Spaces 165 147 106 92 81 74 74 68 64 64 73 79 84 89 102 119 142 Time 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Percent Peak 100 89 64 56 49 45 45 41 39 39 44 48 51 54 62 72 86 Max Parking 165 Spaces 8. ITE 701 General Office Building Time of Day Parking Estimates Spaces 0 24 87 160 182 182 155 153 169 171 155 102 36 20 0 0 0 Time 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM Percent Peak - 13 48 88 100 100 85 84 93 94 85 56 20 11 - - - Max Parking 182 Spaces 0 50 100 150 200 250 300 350 400 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PMParking DemandTime of Day City Parking Spaces Required Cumulative Estimates for Option 3 Based on Time of Day Demand (ITE) 9/27/2019 Z:\P1812165 ‐ Dublin Parking (Rubicon)\Parking Analysis\Dublin Mxed Use ‐City Rates  Time of Day 092719 RESOLUTION NO. XX - 20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * APPROVING A COMMUNITY BENEFIT AGREEMENT BETWEEN THE CITY OF DUBLIN AND VP-RPG DUBLIN, LLC WHEREAS, VP-RPG Dublin, LLC, has proposed the construction of the Cambria Hotel Project (the “project”) in Downtown Dublin at 7950 Dublin Boulevard; and WHEREAS, the project consists of a new six-story hotel with four stories over two stories of podium parking, and related landscape and site improvements . The project includes a Site Development Review Permit to allow construction of the 138- room hotel and a Minor Use Permit to allow a parking reduction for shared parking between the proposed hotel and an existing office building; and WHEREAS, the Planning Commission adopted Resolution No. 20-06 approving the Site Development Review Permit and Minor Use Permit; and WHEREAS, the Dublin City Council held a Public Hearing on June 2, 2020 and adopted a Resolution denying an Appeal and affirming the Planning Commission’s adoption of Resolution No. 20-06, and approved the Site Development Review Permit and Minor Use Permit for the proposed project; and WHEREAS, VP-RPG Dublin, LLC is seeking 52,573 square feet from the non- residential development pool. In exchange for this allocation, VP-RPG Dublin, LLC will contribute community benefits in the form of off-site improvements and the design, construction and installation of a new Downtown Dublin monument sign; and WHEREAS, the Hotel will supply approximately 50 new full-time jobs to the community and generate new Transient Occupancy Taxes (TOT) revenue to the City. The hotel development could yield an estimated annual TOT of $450,000 or $2.5 million over five years. This estimate is based on an average occupancy rate of seventy-five percent and an average daily rate of $158; and WHEREAS, VP-RPG Dublin, LLC will design, construct and install a new Downtown Dublin monument sign to be located on the corner of San Ramon Road and Dublin Boulevard. This monument sign would add an entryway sign identifying the Downtown as you enter from the west side of the city. The estimated cost for the design, construction and installation for the sign is $200,000; and WHEREAS, the term of the Agreement shall commence on the Effective Date and shall remain in effect until the earlier of the following: 1) the Developer has provided the Community Benefit to the City as provided in Section 3 of th e Agreement, 2) any of the Project Approvals expires, or 3) Two years after the Effective D ate if no building permit has been issued for the Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the Community Benefit Agreement between the City of Dublin and VP-RPG Dublin, LLC, as attached as Exhibit A to this Resolution. BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to execute the Agreement and gives the City Manager authority to execute any minor amendments to the Agreement, as needed, to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 2nd day of June, 2020, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk CITY OF DUBLIN COMMUNITY BENEFIT PROGRAM AGREEMENT  VP‐RPG Dublin, LLC, 7944‐7950 Dublin Boulevard  This Community Benefit Program Agreement (“Agreement”) is entered into on this day 2nd of  June, 2020, by and between the City of Dublin, a municipal corporation (“City”) and VP‐RPG Dublin, LLC,  a California limited liability company (“Developer”).  City and Developer are, from time‐to‐time,  individually referred to in this Agreement as a “Party,” and are collectively referred to as “Parties.”  RECITALS  A.On  February  1,  2011,  the  City  adopted  Resolution  No.  9‐11  establishing  a  “Downtown  Dublin Specific Plan” (the “Specific Plan”), which sets forth a comprehensive set of guiding principles, standards, and design guidelines for the implementation of future development in Downtown Dublin (“the Specific Plan Area”). B.The  Specific  Plan  regulates  the  density  of  development  allowed  in  the  Specific  Plan  Area  by establishing a “Base Floor Area Ratio (FAR)” for development in each of the three districts within the Specific Plan Area. C.The  Specific  Plan  also  establishes  a  pool  of  additional  development  potential,  in  the  form  of 1,320,220  square  feet  of  non‐residential  development,  150  hotel  rooms  and  2,500  residential dwelling units (collectively “the Excess Capacity”) apportioned between the three districts in the Specific Plan Area.  The pool can be used by developers that wish to develop a project that exceeds the Base FAR up to a defined “Maximum FAR” and by developers that wish to develop residential dwelling  units.  Developers  wishing  to  utilize  said  Excess  Capacity  must participate  in  the Community Development Program and enter into a Community Benefit Program Agreement with the City. D.Developer  proposes  to  develop  certain  property  at  7944‐7950  Dublin  Boulevard  within  the Specific Plan Area (“the Property”), which is within the Transit Oriented District of the Specific Plan Area, and as part of its proposal desires to develop a 90,700 square foot, 138‐room, four‐ story hotel on an approximately 76,000 square foot parcel (“the Project”).  In exchange for the use of this excess development capacity in the form of 52,573 square feet of commercial square footage  to  enable  development  of  the  Project,  Developer  proposes  to  provide transient occupancy  tax  revenue,  enhanced  streetscape  for  the  drive  aisle  off  of  Dublin  Blvd., and  the design, construction and installation of a new Downtown Dublin monument sign to be located on the corner of San Ramon Rd. and Dublin Blvd. (“the Community Benefit”). E.Developer has applied for a Site Development Review for the Property, which approval, if granted, together with any approvals or permits now or hereafter issued with respect to the Project are referred to as the “Project Approvals.” F.The  City  and  Developer  have  reached  agreement  with  respect  to  the  Community  Benefit  and desire  to  express  herein  a  Community  Benefit  Program  Agreement  clearly  setting  forth  the Community Benefit to be provided by the Developer, and the scope and nature of excess  development capacity to be granted to Developer in exchange for said Community Development.  G.The Project is located within the Downtown Specific Plan area, which was the subject of an Environmental Impact Report (EIR), State Clearinghouse number 20100022005. The Downtown Dublin Specific Plan Final EIR was certified by City Council Resolution No. 08‐11 dated February 1, 2011 and updated with an Addendum adopted by the City in Resolution No 50‐14 (“Specific Plan EIR”). Pursuant to the California Environmental Quality Act (CEQA) Guidelines section 15168, the Community Benefit Program Agreement is within the scope of the Project analyzed in the Specific Plan EIR and no further CEQA review or document is required. This Community Program Benefit Agreement does not impede, impair or otherwise seek to truncate or limit the City discretion in considering any future Project Approvals for conducting any future CEQA review as required by applicable law. NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the mutual promises,  obligations and covenants herein contained, City and Developer agree as follows:  AGREEMENT  1.Relationship of City and Developer. It is understood that this Agreement is a contract that has been negotiated and voluntarily entered into by the City and Developer and that the Developer is not an agent of the City.  The City and Developer hereby renounce the existence of any form of joint venture or partnership between them, and agree that nothing contained herein or in any document executed in connection herewith shall be construed as making the City and Developer joint venturers or partners. 2.Effective Date and Term. 2.1 Effective Date.  The effective date of this Agreement shall be the Approval Date.  Term.  The term of this Agreement shall commence on the Effective Date and shall extend until the  earlier of the following: 1) the Developer has provided the Community Benefit to the City as provided in  Section 3 of this Agreement, 2) any of the Project Approvals expires, or 3) two years after the Effective  Date if no building permit has been issued for the Project.  3.Community Benefit to Be Provided by Developer. 3.1 Transient Occupancy Tax. Developer shall provide the following Community Benefit to the  City: a 138‐room Hotel which will supply more than 35 full‐time jobs to the community  and generate new Transient Occupancy Tax revenue to the City. The hotel development  is estimated to yield an annual TOT of $450,000.  3.2 Streetscape Improvements. In addition to the Developer’s contribution of a 138‐room  hotel, the creation of new full‐time jobs and transient occupancy tax, Developer shall  enhance the streetscape for the drive aisle (in between the Hooter’s building and the  Video Only building) into the property from Dublin Blvd. creating a more welcoming and  inviting corridor into the property. These enhancements would provide a fresh look and  feel of a city street into the property. Additionally, the applicant is working in good faith  with the three adjacent property owners to improve the easements in hopes of adopting  a streetscape improvement plan for the drive aisle from Regional Street.  3.3 Downtown Dublin Monument Sign. Lastly, in addition to the Developer’s contribution of  a 138‐room hotel, the creation of full‐time jobs, transient occupancy tax, and streetscape  improvements, Developers shall design, construct and install a new Downtown Dublin  monument sign similar to what is shown in Exhibit A, to be located on the corner of San  Ramon Road and Dublin Boulevard. The estimated cost for the design, construction and  installation for the sign is $200,000. The Developer shall provide the Community Benefit  to the City no later than the time of issuance of the first building permit for the Project.   In no event shall the City be required to issue a building permit unless the Community  Benefit has been provided to the City.  4.Security Deposit.Within 14 days of the Effective Date of this Community Benefit Program  Agreement, Developer shall furnish City a corporate surety bond issued by a company duly and  legally licensed to conduct a general surety business in the State of California, or an instrument  of credit equivalent to $200,000. Said security is intended to secure the provision by the  Developer of the Community Benefit described in Section 3 of this Agreement.  If Developer fails  to provide the Community Benefit during the term of this Agreement, the deposit shall be  forfeit, and City shall have no obligation to return it to Developer. However, City shall return the  entire deposit if this Agreement expires without any development of the Project by the  Developer or if the Developer elects in writing to abandon its rights under the Project Approvals  and this Agreement at any time prior to the expiration of the Agreement, in which case the  Agreement shall automatically terminate.  5. 5.1 5.2 Reservation of Excess Development Capacity. Reservation of Excess Capacity. During the term of the Agreement, and so long as each  of the Project Approvals remain in effect, City shall reserve 52,573 square feet of  commercial space allocated to the Transit Oriented District of the Specific Plan Area for  Developer’s use.  If  Developer  fails  to  provide  the  Community  Benefit  during  the  term  of  this Agreement,  the  Excess  Capacity  reserved  for  Developer  shall  revert  to  the  pool maintained by the City. Limitation on City’s Obligation. This Agreement shall not be construed to require the City to  issue  any  Project  Approval  to  the  Developer.   City  is  solely  required  to  reserve  the Excess Capacity identified in Section 5.1 of this Agreement.  Other than this obligation,   nothing in this Agreement shall prevent the City from denying or conditionally approving  any subsequent land use permit or authorization for the Project. All of City’s applicable  ordinances, resolutions, rules, regulations and official policies shall apply to the Project  including, but not limited to, those governing the permitted uses of the Property, design  and construction of the Project, density and intensity of use of the Project, and the  maximum height, bulk and size of proposed buildings within the Project.    6. Amendment or Cancellation.    6.1 Amendment by Mutual Consent. This Agreement may be amended in writing from time  to time by mutual consent of the parties.    7. Severability.    The unenforceability, invalidity or illegality of any provisions, covenant, condition or term of this  Agreement shall not render the other provisions unenforceable, invalid or illegal, unless a Party’s  consideration materially fails as a result.    8. Attorneys’ Fees and Costs.    If the City or Developer initiates any action at law or in equity to enforce or interpret the terms  and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable  attorneys’ fees and costs in addition to any other relief to which it may otherwise be entitled.  If  any person or entity not a party to this Agreement initiates an action at law or in equity to  challenge the validity of any provision of this Agreement, the parties shall cooperate in defending  such action.  Developer shall bear its own costs of defense as a real party in interest in any such  action, and shall reimburse the City for all reasonable court costs and attorneys’ fees expended  by the City in defense of any such action or other proceeding.    9. Assignment.  Developer may wish to sell, transfer or assign all or portions of the Property to other developers  (each such other developer is referred to as a “Transferee”). In connection with any such sale,  transfer or assignment to a Transferee, Developer may sell, transfer or assign to such Transferee  its rights and obligations under this Agreement, so long as said transfer would not result in  development of the Property in excess of the FAR permitted by the Project Approvals. Affiliates  of Developer, including ventures in which Developer is the development partner but not the  majority owner, will not be considered Transferees for these purposes.  No such transfer, sale or  assignment of Developer’s rights, interests and obligations hereunder shall occur without prior  written approval by the City Manager.  The City Manager shall not unreasonably withhold  approval of any transfer and the sole criterion shall be that the proposed Transferee possesses  the financial ability to satisfy the obligations of Developer pursuant to Sections 3.1 and 3.2 of this  Agreement. Developer shall submit to the City Manager any notice of Developer’s intent to  transfer, sell or assign its interest, which shall include documentation that the Transferee satisfies  the criterion. Within five (5) business days after Developer submits its notice, the City Manager  may request any commercially reasonable documents, certifications and other information  necessary to determine whether the criterion is met, and the City Manager’s failure to request  such additional information shall constitute a determination that no such further information is  needed. The City Manager will make a written determination on any transfer, sale or assignment  on or before the later of: 1) five (5) days after Developer’s submission of additional information if  requested by the City Manager, or ten (10) calendar days after Developer’s notice of the proposed  transfer, and the City Manager’s failure to object in writing to the transfer, sale or assignment  within such time period shall constitute approval of the transfer.  10.Notices. All notices required to be given to City under this Agreement shall be in writing and shall be addressed as follows: City Manager  City of Dublin  100 Civic Plaza  Dublin, CA 94568  Phone: (925) 833‐6650  Fax: (925) 833‐6651  Email: city.manager@dublin.ca.gov  All notices required to be given to Developer under this Agreement shall be in writing and shall  be addressed as follows:  VP‐RPG Dublin, LLC  L.Gerald Hunt 1840 San Miguel Dr., Suite 206 Walnut Creek, CA  94596 Phone: (925) 980‐7875 Email: jerry@rubiconpg.com Village Investment Partners, L.P.  940 Emmett Avenue, Suite 200  Belmont, California 94002  Attention: John Glikbarg  Phone: (415) 227‐2208  Email: john@villageprop.com  11.Agreement is Entire Understanding. This Agreement constitutes the entire understanding and agreement of the parties. 12.Legal Authority. Each individual executing this Agreement hereby represents and warrants that he or she has fullpower and authority under the entity's governing documents to execute and deliver thisAgreement in the name of and on behalf of the company and to cause the entity to perform itsobligations under this Agreement. 13.No Third Party Beneficiaries.This Agreement is made and entered into for the sole benefit of the Parties and their successorsand assigns. No other persons shall have any right of action based upon any provision of thisAgreement. 14.Exhibits.The following documents are referred to in this Agreement and are attached hereto andincorporated herein as though set forth in full: Exhibit A Downtown Dublin Monument Sign Rendering IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date and year first above written. 3350067.1 CITY OF DUBLIN By: __________ _ Linda Smith, City Manager Attest: Marsha Moore, City Clerk Approved as to form John D. Bakker, City Attorney VP-RPG DUBLIN, LLC, a California limited liability company By: Delaware Retail Control, LLC, a Delaware limited liability company Its: Manager By: Its: Name: _;J.=..,,,r_c;,_h-'-'V\_....:...._..,__...J.!._"-'-'�- Title: ___ V _____ _