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HomeMy WebLinkAboutAttmt 3 Reso Referring DecisnCC RESOLUTION NO. OS-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN REFERRING DECISION MAKING AUTHORITY AND RECOMMENDING CITY COUNCIL APPROVAL OF SITE DEVELOPMENT REVIEW FOR PA 05-042 DUBLIN TRANSIT CENTER SITE E-! (METROPOLITAN AT DUBLIN STATION) LOCATED AT THE SOUTHEAST CORNER OF DUBLIN BOULEVARD AND IRON HORSE P ARKW A Y (APN 986-0001.013-02) WHEREAS, the Applicant, D.R. Horton, Inc., has requested approval of Site Development Review for PA 05-042, Dublin Transit Center Site E-l, for the construction of a 300-unit condominium complex with ±15,000square feet of retail on approximately ±4.l acres of land, located on a portion of Site E of the Dublin Transit Center, within the Eastern Dublin Specific Plan, at the southeast comer of Dublin Boulevard and Iron Horse Parkway; and WHEREAS, the Applicant has submitted a complete application for Site Development Review for the construction of a 300-unit condominium complex, ±15,000 square feet of ground floor retail, parking, common areas and related improvements which is available and on file in the Planning Division; and WHEREAS, the Applicant has submitted project plans for the requested entitlement prepared by Togawa and Smith Architects, Inc. received by the Planning Division on November 21,2005; and WHEREAS, the California Environmental Quality Act (CEQA), together with State guidelines and City environmental regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, Pursuant to the California Environmental Quality Act, Staff has recommended that the project be found exempt from CEQA pursuant to Government Code section 65457 for residential projects that are consistent with a specific plan. The Project is within the scope of the Final Environmental Impact Report (EIR) for the Dublin Transit Center General Plan Amendment, Eastern Dublin Specific Plan Amendment, Stage 1 Planned Development Zoning, Tentative Parcel Map, and Development Agreement (SCH 2001120395) which was certified by City Council Resolution No. 215-02 dated November 19, 2002. This recommendation is based on a determination that there are no supplemental impacts that would require preparation of a Supplemental EIR; and WHEREAS, the City of Dublin Zoning Ordinance, Chapter 8.96.020.C.3 allows the Planning Commission to transfer hearing jurisdiction to the City Council at its discretion because of policy implications, unique or unusual circumstances, or the magnitude of the project; and WHEREAS, the Planning Commission is referring the approval, conditional approval, or denial of application PA 05-042, related amendments, and time extensions of permits to the City Council; and WHEREAS, the Planning Commission is also recommending City Council approval of said application; and WHEREAS, the Planning Commission did hold a Public Hearing on said project application on December 13, 2005; and WHEREAS, proper notice of said Public Hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted to the Planning Commission recommending that the project be referred to the City Council for approval; and ATTACHMENT 3 WHEREAS, the draft City Council Resolution approving the Site E-1 project is attached as Exhibit A; and WHEREAS, the Planning Commission did hear and use their independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth; NOW, THEREFORE, BE IT RESOLVED THAT the Dublin Planning Commission does hereby transfer the original hearing jurisdiction for Dublin Transit Center Site E-1, Metropolitan at Dublin Station Site Development Review to the City Council pursuant to Chapter 8.96.020.C.3 of the Zoning Ordinance and also recommends City Council approval of said project. PASSED, APPROVED AND ADOPTED this 131h day of December 2005. AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Planning Manager 2 RESOLUTION NO. OS-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING SITE DEVELOPMENT REVIEW FOR PA 05-042 DUBLIN TRANSIT CENTER SITE E-l (METROPOLITAN AT DUBLIN STATION) LOCA TED AT THE SOUTHEAST CORNER OF DUBLIN BOULEVARD AND IRON HORSE PARKWAY (APN 986-0001-013-002) WHEREAS, the Applicant, D.R. Horton Inc., has requested approval of Stage 2 Planned Development Zoning for PA 05-042, Dublin Transit Center Site E-l, for the construction of a 3OO-unit condominium complex with ±15,000 square feet of retail on approximately ±4.1 acres of land, located on Site E-l of the Dublin Transit Center, within the Eastern Dublin Specific Plan, at the southeast corner of Dublin Boulevard and Iron Horse Parkway; and WHEREAS, the Applicant has submitted a complete application for Site Development Review for the construction of a 300-unit condominium complex, ±15,000 square feet of ground floor retail, parking, landscaping, common areas and related improvements which is available and on file in the Planning Division; and WHEREAS, the Applicant has submitted project plans for the requested entitlement prepared by Togawa and Smith Architects, Inc. received by the Planning Division on November 21,2005; and WHEREAS, a Master Development Agreement for the Dublin Transit Center project was adopted by Ordinance 5-03 and amended by Ordinance 25-05; and WHEREAS, the amended Master Development Agreement requires that the ApplicantJDeveloper pay an affordable housing in-lieu fee of 15% of the total constructed units (300); and WHEREAS, the Applicant has submitted project plans received by the Planning Division on November 21,2005; and WHEREAS, the California Environmental Quality Act (CEQA), together with State guidelines and City environmental regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, pursuant to the California Environmental Quality Act, Staff has recommended that the project be found exempt from CEQA pursuant to Government Code section 65457 for residential projects that are consistent with a specific plan. The Project is within the scope of the Final Environmental Impact Report (EIR) for the Dublin Transit Center General Plan Amendment, Eastern Dublin Specific Plan Amendment, Stage 1 Planned Development Zoning, Tentative Parcel Map, and Development Agreement (SCH 2001120395) which was certified by City Council Resolution No. 215-02 dated November 19, 2002. This recommendation is based on a determination that there are no supplemental impacts that would require preparation of a Supplemental EIR; and WHEREAS, the decision making authority for Site Development Review applications typically lies with the Planning Commission; and WHEREAS, the City of Dublin Zoning Ordinance, Section 8.96.020.C.3 allows the Planning Commission to transfer hearing jurisdiction to the City Council at its discretion because of policy implications, unique or unusual circumstances, or the magnitude of the Project; and WHEREAS, a Staff Report was submitted to the Planning Commission on December 13, 2005 recommending referral of said application to the City Council; and EXHIBIT A WHEREAS, the Planning Commission did hold a public hearing on said application; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the Planning Commission adopted a Resolution referring the approval, conditional approval, or denial of application PA 05-042, Dublin Transit Center Site E-l (Metropolitan at Dublin Station) Site Development Review, related amendments, and time extensions of permits to the City Council; and WHEREAS, the Planning Commission also recommends approval of said application; and WHEREAS, on , the City Council waived the reading and introduced an Ordinance adopting a Stage 2 Planned Development Zoning applicable to the proposed Site Development Review; and WHEREAS, a Staff Report was submitted to the City Council on said application; and recommending approval of WHEREAS, the City Council did hold a public hearing on said application; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and NOW, THEREFORE, BE IT RESOLVED THAT THE City Council of the City of Dublin does hereby make the following findings and determinations regarding the proposed Site Development Review: A. The proposed Project, as conditioned is consistent with the purpose and intent of Chapter 8.104 Site Development Review of the Zoning Ordinance because: 1) the proposed project will be compatible with the surrounding area because the development is designed to take advantage of the close proximitv to the DublinlPleasanton BART Station and because the building has been designed to be compatible with the surrounding approved and existing developments and to create a more pedestrian friendlv environment as reQuired bv Section 8.104.020.A of the Dublin Zoning Ordinance; 2) the proposed proiect will conform to the height. densitv. design. and landscape reQuirements of the Stage 1 Planned Development Zoning as reQuired bv Section 8.104.020.B of the Dublin Zoning Ordinance; and 3) the project will be an attractive addition to the Citv and the Dublin Transit Center and therefore will meet the reQuirements of Sections 8.104.020.D and E. B. The proposed Project, as conditioned, will be compatible with the surrounding area and complies with the policies of the General Plan and the Eastern Dublin Specific Plan, the zoning requirements of the Stage I Development Plan for the Dublin Transit Center in which the project is located because 1) the proposed 300 condominium units and 15.000 Sq. ft. of ground floor retail are compatible with the approved uses for the site; 2) the overall design of the project is consistent with the design requirements discussed in the Dublin Transit Center Plan; 3) the proposed proiect is consistent with the Eastern Dublin Specific Plan because the Plan states that the Transit Center area should have a mix of uses and should have a pedestrian friendly environment which the proposed project achieve through a mix of retail and residential uses and through the design of the building. site layout and landscaping which together promote the use of the street and create a more pedestrian friendly environment; 4) the proposed project includes ground floor retail along Iron Horse Parkway and Martinelli Way to serve the residents and employees in the area which is consistent with the goals of the Eastern Dublin Specific Plan which encourages retail on Iron Horse Parkway to add vitality to the street and to serve the needs of residents and employees in the neighborhood; 5) the proposed development is compatible with the General Plan Land Use designation of Mixed-Use which allows for a combination of high density residential and retail uses which the development 2 will achieve; 6) the proposed project is compatible with the General Plan Implementing Policy 2.I.I.B which encourages high density residential projects where higher density is compatible with the surrounding uses and the density of the project is compatible with surrounding developments and a higher density in this case is warranted due to the location of the BART station which is less than one quarter of a mile from the property; and 7) the proposed project meets the intent of the Dublin General Plan which discourages projects which do not relate well to the surrounding developments and the proposed project is compatible with the neighborhood which includes office. high density residential and retail uses including mixed-use developments which are located across the street from and adjacent to (future) the property. C. The proposed Project, 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 because: 1) there will not be anv significant environmental impacts associated with the project and the proiect has been conditioned to complv with all mitigation measures adopted as part of the Dublin Transit Center EIR; 2) the proposed project will result in a mixed-use development with condominium units and ground floor retail and is compatible with existing and future development in the area as identified in the Dublin Transit Center Plan; 3) the site layout and design of the proposed buildings (proiect site) is compatible with the site layout and design of buildings in the neighborhood; and 4) as conditioned. the buildings will be operated in such a manner as to reduce impacts on the surrounding neighborhood. D. The proposed Project will not be injurious to property or improvements in the neighborhood because: lì the project has been conditioned to comply with all Building Division. Fire Department. Public Works Department. Planning Division and Dublin San Ramon Services District reQuirements; and 2) as conditioned. the building including retail and residential uses will be operated in such a manner as to reduce impacts on the surrounding neighborhood. streets and pedestrian areas. E. The site development for the proposed Project has been designed to provide a desirable environment for the Project and surrounding areas because: 1) as designed. the architecture of the building including roof forms. colors and materials is compatible with the roof forms. colors and materials of the existing and approved buildings in the vicinity; 2) as shown on the Landscape Plans, the proposed landscaping is compatible with the existing and approved landscaping in the area including landscaping along Dublin Boulevard and street trees which conform to the reQuirements of the Dublin Transit Center Plan; 3) 2) the overall design of the proiect is consistent with the design reQuirements discussed in the Dublin Transit Center Plan; 4) the design of the building which includes Mediterranean and modem design features will be compatible with developments in the neighborhood which have a Mediterranean or modem design or a mix of the two elements; 5) the architecture of the building includes tower elements. stucco and stone materials, earth tone colors. window design. roof pitch. extensive use of glass in the retail portion of the propertv are compatible with common architectural elements found in the area: 6) the proiect includes many pedestrian friendly elements which include attractive paving, ground floor retail, street trees, awnings and units with street access which is compatible with the proposed design of the area. as discussed in the Dublin Transit Center Plan. and is compatible with the design of the approved developments in the area; and 7) the project includes a mix of retail and residential units which are compatible with developments in the neighborhood which also have a mix of uses and with the anticipated future development of the area which will have a mix of retail. residential and office uses. F. The subject site is physically suitable for the type, density, and intensity of the proposed Project and related structures because: 1) the Stage 1 Planned Development Zoníng identified this property as having the potential to be developed with office. housing and/or retail and the proposed project will have a mix of retail and residential units which will conform to the approved land use for the property: 2) the proposed development will result in a density of 73.1 dwelling units per acre which is compatible with densities in the surrounding neighborhood: 3) the proposed density and height of the buildings (five and seven stories) will be compatible with the height of buildings in the surrounding area and will be compatible with the site 3 which is located near the DublinlPleasanton BART station and a higher density is warranted to encourage use of the station and to take advantage of the close proximity to the public transit center; and 4) the proposed lot coverage of 84% is compatible with the approved and future Dublin Transit Center developments. G. There are no impacts to slopes or topographic features because: I) the existing site is relatively flat. H. The character, scale and quality and design of the project is compatible with the proposed development, existing and approved projects in the area and with anticipated future development in the area because: lì the proposed project includes a mix of residential units and retail which is compatible with developments in the area; 2) the proposed density of 73.1 units per acre is compatible with the density of approved developments in the area and the overall anticipated density of the Dublin Transit Center once all of the properties identified in the Dublin Transit Center Plan have been developed; 3) the perceived massing and overall density of the site is reduced by pedestrian elements. attractive landscaping. tower elements. windows. varying roof forms and varying building wall set backs to the ground floor; 4) the proposed design of the building includes architectural elements which are commonly found on Mediterranean and modem style buildings which are prevalent in the City of Dublin and in the vicinity; 5) the project will include balconies. porches. stoops. on-street parking. ground floor retail and architectural features to make the area a more pedestrian friendly neighborhood and to encourage the use of the sidewalk and surrounding streets; 6) the design of the buildings are well designed in and of itself and provide an attractive addition to the neighborhood; 7) the proposed buildings include architectural features which are common in the area and include materials. colors. window design. roof pitch. roof design and massing; 8) the proposed earth tone color palette is compatible with colors found in the neighborhood; and 9) the proposed building has a mix of stone and stucco materials which relate well to the design of the building and are compatible with the building materials commonly found in the City as well as in the Transit Center and surrounding area. I. Parking on-site will conform to the requirements of the Dublin Zoning Ordinance, Stage 1 Planned Development Zoning and as amended by the Stage 2 Development Plan because: 1) a total of 708 parking stalls will be provided in the parking garage and 26 parking stalls will be provided on the street; 2) the proposed development will have an excess of residential stalls. however. there will be a deficit of 22 residential guest parking stalls; 3) the ApplicantJDevelopment has reQuested a 25% shared parking credit to allow the retail and guest parking stalls to be shared and to reduce the total number of reQuired guest stalls; 4) the reQuested 25% shared parking credit has been detennined to be warranted in the November 9. 2005 Focused Parking Analysis; 5) future retail uses will be limited based on the available number of parking stalls located in the parking garage; 6) based on parking concerns, eating and drinking establishments. as conditioned, will be limited to no more than 6.000 sq. ft.; 7) as conditioned future retail establishments will be reviewed with respect to the number of available off-street parking stalls and parking reQuirements as established by Chapter 8.621. Off-Street Parking and Loading Regulations. of the Dublin Zoning Ordinance; 8) the shared parking credit is warranted based on the anticipated time of use of the stalls by guests or retail users and due to the 26 parking stalls located on Iron Horse Parkway and Campus Drive which will be available for short term parking (two hours maximum) for guests. retail users and residents. J. The landscaping will provide an attractive feature, will be compatible with tþe surrounding area and will conform to the Stage I Planning Development Zoning because: 1) double row of street trees will be provided on all four streets which surround the subject property as required by the Dublin transit Center Plan; 2) the street tree species will conform to the approved species as stated in the Dublin Transit Center Plan; 3) an opportunity for public art has been provided at the comer of Dublin Boulevard and Iron Horse Parkway to provide an attractive ocdestrian element and an attractive focal point from the street; 4) a mix of attractive plantings is located throughout the site including the interior courtyards to reduce the amount of paving on-site;5) a good mix of tall trees, tall shrubs, groundcover and colorful plants has been provided 4 along Dublin Boulevard to mitigate the height of the building and to provide an attractive view for motorists and pedestrians in the area. BE IT FURTHER RESOLVED that the City Council does hereby approve said application, PA 05-042, Dublin Transit Center Site E-l (Metropolitan at Dublin Station) Site Development Review to construct a 300-unit condominium complex and ±15,000 square feet of retail located at the southeast comer of Dublin Boulevard and Iron Horse Parkway, as generally depicted in the written statement and project plans prepared by Togawa and Smith Architects, Inc. and to the Landscape Plans prepared by the Guizzardo Partnership received by the Planning Division on November 21, 2005, labeled Exhibit A to Attachment 2 of the City Council Agenda Statement, stamped approved, and on file with the Community Development Department, subject to the following conditions: CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use, and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [PL] Planning, [B] Building, [PO] Police, [PW] Public Works, [ADM] AdministrationlCity Attorney, [FIN] Finance, [PCS] Parks and Community Services, [F] Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [LDD], Livermore Dublin Disposal, [CO] Alameda County Department of Environmental Health, [Zone 7], Alameda County Flood Control and Water Conservation District, Zone 7, [LA VTA], Livermore Amador Valley Transit Authority, [CHS], California Department of Health Services. CONDITION TEXT RESPON. WHEN REQ'D SOURCE , ," AGENCY " Prior to: GENERAL - SITE DEVELOPMENT REVIEW '" " 1. Approval. This Site Development Review approval for PL On-going Planning Dublin Transit Center Site E-l (Metropolitan at Dublin Station), PA 05-042 establishes the detailed design concepts and regulations for the project. Development pursuant to this Site Development Review generally shall conform the project plans submitted by Togawa and Smith Architects Inc received November 21, 2005, on file in the Community Development Department, and other plans, text, and diagrams relating to this Site Development Review, unless modified by the Conditions of Annroval contained herein. 2. Effective Date. This Site Development Review approval is PL DMC contingent upon the approval of the related Stage 2 Planned 8.32.030.B Development Rezoning. If the Stage 2 Planned Development Rezoning is not approved this Site Development Review approval shall become null and void. 3. Permit Expiration. Construction or use shall commence PL One year from DMC within one (I) year of Permit approval or the Pennit shall permit approval 8.96.020.D lapse and become null and void. Commencement of construction or use means the actual construction or use pursuant to the Permit approval or demonstrating substantial progress toward commencing such construction or use. If there is a dispute as to whether the Permit has expired, the City may hold a noticed public hearing to detennine 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 accordinQ to the reouirements of this Ordinance. 5 CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: 4. Time Extension. The original approving decision-maker PL One year from DMC may, upon the Applicant's written request for an extension of permit approval 8.96.020.E approval prior to expiration, and upon the detennination that any Conditions of Approval remain adequate to assure that applicable findings of approval will continue to be met, grant a time extension of approval for a period not to exceed six (6) months. All time extension requests shall be noticed and a public hearing or public meeting shall be held as required by the particular Pennit. 5. Permit Validity. This Site Development Review approval PL On-going DMC shall be valid for the remaining life of the approved structure 8.96.020.F so long as the operators of the subject property comply with the project's conditions of annroval. 6. Revocation of permit. The Site Development Review PL On-going DMC approval shall be revocable for cause in accordance with 8.96.020.1 Section 8.96.020.1 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this pennit shall be subject to citation. 7. Development Agreement. The Developer shall meet all ADM On-going Administrati applicable sections of the Master Development Agreement onl for the Dublin Transit Center adopted as Ordinance No. 5-03. City Section 6 of the Master Development Agreement requires the Attorney Developer to enter into a new Development Agreement specific to the current project. 8. Requirements and Standard Conditions. The Applicant/ Various Building Pennit Standard Developer shall comply with applicable City of Dublin Fire Issuance 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 Developer shall supply written statements from each such agency or department to the Planning Department, indicating that all applicable conditions reQuired have been or will be met. 9. Required Permits. Developer shall obtain all permits PW Building Permit Standard required by other agencies including, but not limited to Issuance Alameda County Flood Control and Water Conservation District Zone 7, California Department of Fish and Game, Army Corps of Engineers, Regional Water Quality Control Board, Caltrans and provide copies of the permits to the Public Works Department. 10. Fees. Applicant/Developer shall pay all applicable fees in Various Building Permit Various effect at the time of building pennit issuance, including, but Issuance not limited to, Planning fees, Building fees, Traffic Impact Fees, TVTC fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees, Fire Facilities Impact fees, Alameda Countv 6 CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; or any other fee that may be adopted and applicable. 11. Indemnification. The Developer shall defend, indemnify, ADM On-going Administrati and hold harmless the City of Dublin and its agents, officers, onlCity and employees from any claim, action, or proceeding against Attorney 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 related to this project to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that The Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying The Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. 12. Clean-up. The ApplicantJDeveloper shall be responsible for PL On-going Planning clean-up and disposal of project related trash to maintain a safe, clean, and litter-free site. 13. Modifications. Modifications or changes to this Site PL On-going DMC Development Review approval may be considered by the 8.104.100 Community Development Director if the modifications or changes proposed comply with Section 8.104.100 of the Zoning Ordinance. 14. Controlling Activities. The Applicant/Developer shall PL On-going Planning control all activities on the project site so as not to create a nuisance to the existing or surrounding businesses and residences. 15. Soft Foam Building Materials. Soft Foam (ie efis type PL Building Permit Planning material) may be installed no closer then 6 feet from the Issuance/ earth or paved areas. On-QoinQ 16. AccessorylTemporary Structures. The use of any PL On-going DMC accessory or temporary structures, such as storage sheds or 8.108 trailer/ container units used for storage or for any other purposes, shall be subject to review and approval by the Community Development Director. PROJECT SPECIFIC 17. Mitigation Monitoring Program. The Applicant/ PL On-going Dublin Developer shall comply with the Dublin Transit Center EIR Transit Mitigation Monitoring Program including all mitigation Center EIR measures, action programs, and implementation measures on Mitigation file with the Community Development Department. Monitoring Program 18. Sound Attenuation. The ApplicantJDeveloper shall submit PL Building Permit Dublin a site specific acoustic report to be prepared by qualified Issuance Transit acoustical consultants. The acoustic report shall include Center EIR detailed identification of noise exposure levels on the Mitigation Monitoring 7 CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: individual project site and a listing of specific measures to Program reduce both interior and exterior noise levels to normally acceptable levels including but not limited to glazing and ventilation systems, construction of noise barriers and use of buildings to shield noise. 19. Equipment Screening. All electrical and/or mechanical PL Building Pennit Planning equipment shall be screened from public view. Any roof- Issuance mounted equipment shall be completely screened from view by materials architecturally compatible with the building and Through to the satisfaction of the Community Development Director. Completion! On- The Building Permit plans shall show the location of all gOIng equipment and screening for review and approval by the Director of Communitv Develooment. 20. Master Sign Program. A Master Sign Program shall be PL, B, F, PW, Building Permit Various applied for and approved for all Project related signage PO 'Issuance including, but not limited to, community identification signage, address signage, directional signage, parking signage, speed limit signage, retail tenant signage, and other signage deemed necessary bv the Citv. 21. Colors. The exterior paint colors of the buildings are subject PL Occupancy Planning to City review and approval. The Applicant shall paint a portion of the building the proposed colors for review and approval by the Director of Community Development prior to oainting the buildings. 22. Parking. Eating and Drinking Establishments shall be PL On-going Planning limited to no more than 6,000 sq. ft. at all times. All proposed retail uses will be reviewed with respect to available parking and the requirements of the Dublin Zoning Ordinance. 23. Telecommunications. The Applicant shall comply with B,PL Building Pennit Building/ ANSIITIA.EIA-570-A Standard relating to Issuance Planning telecommunications and the installation of data outlets for high-sneed internet access within individual residential units. 24. Retail Spaces. The retail store and restaurant service areas, PL On-going Planning the front of the retail tenant spaces, and parking area shall at all times be kept free of storage materials, pallets, trashcans, bins, boxes, trash bags, and other materials. These areas of the store and site shall be policed as often as necessary in order to keep the rear, service area and front of the store and site neat and clean. 25. Affordable Housing In-lieu Fee. The developer shall pay PL On-going Planning the housing in-lieu fee as stated in the Master Development Agreement nrior to issuance of a BuildinQ Permit 26. Trash and Waste Accumulation. The applicant or any PL On-going Planning future owner shall provide and conduct regular maintenance of the site in order to eliminate and control the accumulation of trash, excess/waste materials and debris. LANDSCAPING 27. Final Landscape and Irrigation Plans. Final Landscape PL Building Pennit DMC and Irrigation Plans, preoared and stamoed by a State Issuance 8.72.030 8 CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: licensed landscape architect or registered engineer, shall be submitted for review and approval by the City Engineer and the Community Development Director. Plans shall be generally consistent with the Dublin Transit Center General Plan and the preliminary landscape plan prepared by The Guzzardo Partnership Inc., dated November XX 2005, except as modified by the Conditions listed below and as required bv the Communitv Development Director. 28. Plant Species. Plant species shall be selected according to PL Building Pennit Planning use, sun/shade location and space available. The landscape Issuance plan should include plant species that are not salt sensitive. Street trees shall be high branching and produce minimal litter. 29. Slopes. The landscape plan shall address slopes within the PL Building Pennit Planning property, including erosion, maintenance and irrigation Issuance issues. All slopes shall have a one-foot level area at top and bottom of the slone for maintenance. 30. Landscaping at StreeUDrive Aisle Intersections. PL Building Pennit Planning Landscaping shall not obstruct the sight distance of Issuance 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 nublic surveillance caDabilities of the area. 31. Lighting. The Applicant/Developer shall prepare a PL, PW, PO Building Pennit Planning photometric plan to the satisfaction of the City Engineer, Issuance Director of Community Development, the City's Consulting Landscape Architect and Dublin Police Services. Exterior lighting shall be provided within the parking lot and on the building, and shall be of a design and placement so as not to cause glare onto adjoining properties, businesses or to vehicular traffic. Lighting used after daylight hours shall be adequate to provide for security needs. The plan shall shows measurements for the parking structure, connecting paths, outdoor narkin" area and residential areas. 32. Street Lights and Trees. Maintain approximately 15' PL,PO Building Permit Planning clearance between streetlights and street trees. Where such Issuance clearance is not practical for design considerations, trees shall be increased to 36" box minimum to reduce the conflict between the li"htin" and foliage. 33. Standard Plant Material, Irrigation and Maintenance PL Building Permit DMC Agreement. The ApplicantJDeveloper shall complete and Issuance 8.72.050.B submit to the Dublin Planning Department the Standard Plant Material, IrriQation and Maintenance AQreement 34. Landscape Borders. All landscaped areas shall be bordered PL Building Permit Planning by a concrete curb that is at least 6 inches high and 6 inches Issuance wide. Any curbs adjacent to parking spaces must be 12 inches wide to facilitate pedestrian access. All landscaped areas shall be a minimum of 6 feet in width (curb to curb). Alllandscaoe nlanters within the narkinQ area shall maintain 9 CONDITION TEXT RESPON. WHEN REQ'D SOURCE' AGENCY Prior to: a minimum 5 foot radius, or be 2 feet shorter than adjacent parking spaces to facilitate vehicular maneuvering. Concrete mow strips at least 4 inches deep and 6 inches wide shall be required to separate turf areas from shrub areas. 35. Landscaping. Applicant/Developer shall construct all PL,PW Building Pennit Planning/ landscaping within the site and along the project frontage. Issuance Public The on site landscaping shall be to the satisfaction of the Works Director of Community Development. The frontage landscaping, from the face of curb to the right-of-way, shall be to the design in the Dublin Transit Center Specific Plan. Street trees within the frontage shall be a minimum 24" box, their exact tree locations and varieties shall approved by the Community Development Director and the City Engineer. 36. Plant Standards. All trees shall be 24" box minimum, with PL Occupancy Planning at least 30% at 36" box or greater; all shrubs shall be 5 gallon Ill1nlffiUffi. 37. Maintenance of Landscaping. All landscaping materials PL On-going City of within the public right-of-way shall be maintained for 90 Dublin days and on-site landscaping shall be maintained in Standards accordance with the "City of Dublin Standards Plant Plant Material, Irrigation System and Maintenance Agreement" by Material, the Developer after City-approved installation. This Irrigation maintenance shall include weeding, the application of pre- System and emergent chemical applications, and the replacement of Maintenance materials that die. Any proposed or modified landscaping to Agreement the site, including the removal or replacement of trees, shall reqUIre pnor review and written approval from the Community Development Director. 38. Backflow Prevention Devices. The Landscape Plan shall PL, PW, F Building Permit Planning show the location of all backflow prevention devises. The Issuance location and screening of the backflow prevention devices shall be review and approved by City staff. 39. Root Barriers and Tree Staking. The landscape plans shall PL,PW Building Permit Planning provide details showing root barriers and tree staking will be Issuance installed which meet current City specifications. 40. Water Efficient Landscaping Ordinance. The Applicant/ PL Building Permit DMC 8.88 Developer shall submit written documentation to the Public Issuance 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. BUILDING - PROJECT SPECIFIC ,. 41. Green Building Guidelines. To the extent practical, the B Through Building Applicant shall incorporate Green Building Measures. Green Completion Building plans shall be submitted to the Building Official for review. 42. Cool Roofs. Fiat roof areas shall have their roofing material B Through Building coated with light colored gravel or painted with light colored Completion or reflective material designed for Cool Roofs. 43. Ene.ineer Observation. The Engineer of record shall be B Through Building 10 CONDITION TEXT 44. 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 the building. A written report shall be submitted to the City Inspector prior to scheduling the final frame inspection. Addressing. a) Provide a site plan with the City of Dublin's address grid overlaid on the plans (I to 30 scale). Highlight all exterior door openings on plans (front, rear, garage; etc.). b) Provide a plan for display of addresses. The Building Official and Director of Community Development shall approve plan prior to issuance of the first building pennit. c) Town homes/Condos are required to have address ranges posted on street side of the buildings. d) Address signage shall be provided as per the Dublin Residential Security Code. e) Provide a site plan with the approved addresses in I to 400 scale prior to approval or release of the project addresses. f) Exterior address numbers shall be backlight and posted in such a way that they may be seen from the Street. 45. g) An approved condominium unit-numbering plan shall be incofDorated into the construction drawings. Electronic File. The Applicant/Developer shall submit all building drawings and specifications for this project in an electronic format to the satisfaction of the Building Official prior to the issuance of building permits. Additionally, 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 occupancv. Construction Trailer. Due to size and nature of the development, the ApplicantJDeveloper in conjunction with the Applicant/ Developer of the adjacent project on Site B, shall provide a construction trailer with all hook ups for use by City Inspection personnel during the time of construction as detennined necessary by the Building Official. In the event that the City has its own construction trailer, the ApplicantJDeveloper shall provide a site with appropriate hook ups In close proximity to the project site to accommodate this trailer. The AnnlicantJDevelooer shall 46. II RESPON. AGENCY B B B WHEN REQ'D Prior to: Construction SOURCE Building a) Prior to release of addresses b) Prior to permitting c) Prior to Occupancy of any Unit d) Prior to Occupancy of any Unit e) Prior to permitting f) Prior to permit issuance and through completion g) Prior to permit issuance Issuance of Building Permits Building Prior to Final Occupancy Issuance of Building Permits Building CONDITION TEXT RESPON. WHENREQ'D SOURCE AGENCY Prior to: cause the trailer to be moved from its current location at such time as is detennined necessary by the Building Official at the Applicant/Developer's expense. 47. Alternate Methods Special Inspections. As determined by B Through Building the Building Official, additional inspections beyond those Construction normally required by a building of this type may be required to evaluate and determine appropriateness of Alternate Methods proposed by the ApplicantJDeveloper and approved by the City. These inspections shall be subject to reimbursement for the actual costs incurred plus the City's normal administrative fee. BUILDING - GENERAL , 48. Building Codes and Ordinances. All project construction B Through Building shall conform to all building codes and ordinances in effect Completion at the time of building permit. 49. Phased Occupancy Plan. If occupancy is requested to B Occupancy of any Building occur in phases, then all physical improvements within each affected building phase shall be required to be completed prior to occupancy of any buildings within that phase except for items specifically excluded in an approved Phased Occupancy Plan, or minor handiwork items, approved by the Department of Community Development. The Phased Occupancy Plan shall be submitted to the Director of Community Development and Public Works for review and approval a minimum of 45 days prior to the request for occupancy of any building covered by said Phased Occupancy Plan. Any phasing shall provide for adequate vehicular access to all parcels in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. No individual building shall be occupied until the adjoining area is finished, safe, accessible and provided with and provided with all reasonable expected servIces and amenities, and separated from remaining additional construction activity. Subject to approval of the Director of Community Development, the competition of landscaping may be deferred due to inclement weather with the posting of a bond for he value of the deferred landscaping and associated improvements. 50. Building Permits. To apply for building permits, B Issuance of Building ApplicantJDeveloper shall submit eight (8) sets of Building Permits construction plans to the Building Division 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. ApplicantJDeveloper will be responsible for obtaining the approvals of all participating non-City agencies prior to the issuance of building nermits. 51. Copies of Approved Plans. Applicant shall provide City B 30 days after first Building with 4 reduced (1/2 size) copies of the approved plans. pennit 52. Air Conditioninl! Units. Air conditioning units and B,PL Occupancy of unit Building 12 CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: 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-moveable materials approved by the Building Official and Director of Community Development. Air conditioning units shall be located such that each dwelling unit has one side yard with an unobstructed width of not less than 36 inches. Air conditioning units shall be located in accordance with the PD text. 53. Temporary Fencing. Temporary Construction fencing shall B Issuance of Building be installed along the perimeter of all work under Building Permits construction. and Through comnletion 54. Construction Drawings. Construction plans shall be fully B Issuance of Building dimensioned (incl uding building elevations) accuratel y Building Pennits drawn, 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. 55. Foundation. A Geotechnical Engineer for the soils report B Issuance of Building shall review and approve the foundation design. A letter Building Permits shall be submitted to the Building Division on the approval. 56. The Fire Protection Engineer of record for the alternate means B Issuance of Building and methods shall review and approve the proposed Building Pennits enhancements design, for plan review and construction. A and Through letter shall be submitted to the Building Division prior to completion issuance of the building permit, prior to any occupancy, and prior to the final inspection. This review should be based on site visits to confirm implementation and operation of the proposed alternatives. 57. Height of building: - Developer / Contractor shall B Prior to Frame Building certified the height of the buildings prior to 1st frame Inspection inspection in a manner acceptable to the Building Official. 58. Loft Areas; All loft or mezzanine areas shall meet all B Through Building the requirements for bedrooms, (i.e. smoke alarms, light Completion and yentilation, window egress, electrical FIRE - PROJECT SPECIFIC 59. Building and Fire Codes. The project shall be in F Issuance of Fire compliance with Building and Fire Codes unless specifically Building Permits addressed by an alternate materials or methods application. 60. Exiting. Show all the exit components on the plans- corridor, F Issuance of Fire exit enclosure, exterior exit balcony, etc. on the plans. Building Permits 61. Exit Doors. Exit doors serving fifty (50) or more shall swing F Issuance of Fire in the direction of egress. Building Pennits 62. Stair Enclosures. The stair enclosures shall continue to the F Issuance of Fire 13 CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: exterior of the building as required by Section 1005.3.3.3 of Building Permits the 2001 California Building Code. 63. Corridors. Corridors shall not be interrupted by an F Issuance of Fire intervening room as required by CBC 1004.3.4.4. Corridors Building Permits shall not have dead ends over 20 feet long. 64. Fire Flow. Fire flow shall be provided as required by CFC F Prior to Appendix IlIA or as modified by the alternate material Combustible application Construction or Combustible Storage On-site 65. Truck Ladder Access. Truck ladder access shall be F Through Fire provided along at least one long side and one short side of Completion the building. FIRE - ALTERNATE MATERIALS APPLICATION , 66. Alternative Materials Application. Prior to issuance of a B,F Issuance of Fire Building Permit, the Alternative Materials application shall Building Permits be reviewed and approved by the Building Official; and the Alameda County Fire Department. The Alternate Materials Application shall meet the Building and Fire Department requirements FIRE - GENERAL CONDITIONS 67. Emergency Vehicle Access. In accordance with the F Combustible Fire Alameda County Fire Department requirements, the construction or Applicant/Developer shall provide emergency vehicle access combustible storage routes into the project in general conformance with the site on site plan. Applicant/Developer shall demonstrate how emergency access requirements shall be achieved on the improvement plans to the satisfaction of the City Engineer and the Alameda County Fire Department. (All emergency vehicle access roads (first lift of asphalt) and the public water supply including all hydrants shall be in place prior to vertical construction or combustible storage on site). Fire apparatus roadways shall have a minimum unobstructed width of 20 feet (14 feet for one way streets) and an unobstructed vertical clearance of not less than 13 feet 6 inches. Roadways under 36 feet wide shall be posted with signs or shall have red curbs painted with labels on one side; roadways under 28 feet wide shall be posted with signs or shall have red curbs painted with labels on both sides of the street as follows: "NO STOPPING FIRE LANE - CVC 22500.1". (CFC 1998, Section 1998). 68. Automatic Sprinklers. Automatic sprinklers shall be F Occupancy of any Fire provided throughout the building as required by the Dublin affected building Fire Code The system shall be monitored by UL listed central station. 69. City of Dublin Rules Regulations and Standards. F Through Fire Applicant/ Developer shall comply with all City of Dublin completion Fire rules, regulations, and standards (unless specifically addressed by an alternative materials or methods application). including minimum standards for emergency access roads and payment of apnlicable fees including Citv 14 CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: of Dublin Fire facility fees. 70. Fire hydrants. The Applicant/Developer shall construct all F Combustible Fire new fire hydrants in accordance with the City of Dublin Fire construction or Code. Final locations of fire hydrants shall be approved by combustible storage the City of Dublin Fire Marshal in accordance with current on site standards. The minimum fire flow design shall be 1500 gallon per minute at 20 psi residual (flowing from a single hydrant). Raised blue reflectorized traffic markers shall be epoxied to the center of the street opposite each hydrant. Sufficient fire flow IS required based on building construction and size. Hydrants around the project shall have an average spacing of 300 foot on center. The ApplicantJDeveloper shall construct all new fire hydrants in accordance with the Alameda County and City of Dublin requirements. No parking is allowed within 7 Y2 feet of a fire hydrant. 71. Addressing. Approved numbers or addresses shall be placed F Occupancy of any Fire on all new and existing buildings. The address shall be affected building positioned as to be plainly visible and legible from the street or road fronting the property. Said numbers shall contrast with their background. 72. Fire Extinguishers. Provide 2AlOBC fire extinguishers F Occupancy of any Fire within 75 ft travel distance of portions of the buildings. An affected building approved sign in accordance with Uniform Fire Code shall be conspicuously posted above the extinguisher. 73. Knox Key Boxes. Provide Knox key boxes as required by F Occupancy of any Fire the Fire Department. affected building POLICE· PROJECT SPECIFIC 74. Security Requirements. The Applicant/Developer shall PO Issuance of Police comply with all applicable City of Dublin Residential and Building Permits Non-Residential Security requirements. On-going 75. Security Plan. The ApplicantJDeveloper shall submit a PO Occupancy Police Security Plan for the site. The Security Plan shall address both the residential and commercial components to the project including, but not limited to, adequate lighting and visibility levels within the garage; measures to secure access at all pedestrian gates to the project; measures to secure the main entry doors and gates; measures to secure access to the private courtyards, club room, and fitness center; information regarding alarm systems (type and location), inventory control measures, key control measures, and employee safety and security training programs. The Security Plan shall be subject to review and approval by the Chief of Police. 76. Directory Map. There shall be positioned at each street PO Occupancy Police entrance an illuminated diagrammatic representation (map) of the complex that shows the location of the viewer and the unit designations within the complex. Directory map boards shall be installed at the project's entrances. The boards shall be readable and well lighted. The location of the map boards shall be shown on the Site Plan and an elevation of the sign 15 CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: must be included in the project plans. The location and design of the map shall be reviewed and approved by the Police Services Department. 77. Commercial Lighting Plan. The Applicant/Developer shall PO Issuance of Police submit a commercial lighting plan with point by point Building Pennits photometric measurements for the parking structure, connectinQ nath, outdoor parking area and residential areas. 78. Commercial Areas - Lighting. All commercial properties PO Issuance of Police shall have light fixtures above each door front. Street Building Permits lighting or landscape lighting will not be allowed to be the only source of light to the store front. 79. Exterior Lighting. Exterior lighting is required over all PO Issuance of Police doors. Building Pennits 80. Vandal Resistant Lighting Fixtures. All lighting fixtures PO Occupancy Police shall be of a vandal resistant type. 81. Emergency Access - Residential Building. Multi-tenant PO Occupancy Police buildings utilizing electronic access control systems on the main entry door shall provide police emergency access utilizing an approved key pad switch device which shall be installed as follows: . All doors using an electromagnetic type of lock shall install a key pad switch device at the building's exterior. A telephone/intercom console or a control housing, needs to be of a heavy gauge metal, vandal and weather resistant housing, which is accessible to a driver of a vehicle. An approved Knox Box or Knox type key switch is to be mounted on the side facing the roadway located within close proximity and in a visible area near the door. 82. Stairway Mirrors. Stairways shall have shatter resistant PO Occupancy Police mirrors or other equally reflective material at each level and landing and be designed or place in such manner as to I Drovide visibilitv around corners. 83. Stairways - Restricted Access. Areas beneath stairways at PO Issuance of Police or below ground level shall be fully enclosed or access to Building Pennits them restricted. 84. Locked Gates. Tenant buildings shall be equipped with an PO Occupancy Police electromagnetic type of lock on the main entry doors and gates. Locked gates shall secure the private pool courtyard, leasing office, clubhouse and fitness area. Locks can be electromagnetic type or standard protected door/lock mechanisms. 85. Door Hinges. Doors opening out from the building to the PO Occupancy Police street shall have non-removable hinges. 86. Tenant Unit Locator Box and Intercom. Each access point PO Occupancy Police into the residential structure on the ground floor shall have a tenant unit locater box with intercom. 87. Construction Fence. The perimeter of the site shall be PO On-going Police fenced during construction, a temporary address sign shall be nlaced at the site, and security lighting and security Datrols 16 CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: shall be emoloyed as necessarv. 88. BalconylPatios. Balcony/patio areas on the mezzanine level PO Issuance of Police shall be desiQned to prohibit access beyond those areas. Building Permits 89. Windows. Primary living areas and windows of individual PO Issuance of Police units should be focused for observation of common areas, Building Pennits adjacent units, recreational areas, and child play areas to orovide for self-nolicing and a sense of communitv. 90. Common Area Access. Access to the common areas and PO Issuance of Police elevators on the podium level shall be restricted. Gates and Building Permits signage may be used to accomolish this. 91. Public and Private Areas. There shall be delineation PO Issuance of Police between private and public areas around the perimeter of the Building Permits residential area. This can be accomplished with fixed or oerceived barriers such as fences or landscaninQ. 92. Landscaping. The Applicant/Developer shall ensure that, PO Occupancy Police trees have a minimum six-foot canopy height, and that all and shrubbery is planted away from the structures and kept On-Going trimmed to eliminate hiding places and improve open surveillance. Trees shall not be planted near light standards in a manner that would prevent negative light reflection when the trees grow. POLICE -PARKING STRUCTURE 93. Emergency Access - Parking Structure. Parking areas or PO Issuance of Police structures controlled by unmanned mechanical parking type Building Pennit gates shall provide for police emergency access as follows: · An approved Knox Box or Knox type key switch is to be mounted on a control pedestal consisting of a metal post/pipe at a height of 42 inches and a minimum of 15 feet (4.6m) from the entry/exit gates of the parking structure. The Building Permit plans shall show that the Knox box device will be located on the left side of the road or driveway of the gate. It shall be accessible in such a manner that it will not require a person to exit their vehicle to reach it, nor to require any vehicle back-up movement to enter a narkinQ structure. 94. Electronic Access Control System. Multi-tenant building PO Issuance of Police utilizing an approved key pad switch device which shall be Building Permits installed as follows: · All doors using an electromagnetic type of lock shall On-going install a key pad switch device at the building's exterior. A telephone/intercom console or a control housing, needs to be of a heavy gauge metal, vandal and weather resistant housing,. · Multi-tenant buildings utilizing electronic access control systems on the main entry doors shall provide police emergency access utilizing key, code or other aporoved means of entry. 95. Radio Frequency. The Applicant/Developer shall insure PO Occupancy Police radio frequency transmission and receiving capabilities 17 CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: within the parking structure for PolicelFire/ Ambulance. 96. Interior Lighting. The interior portion of the parking PO Issuance of Police structure shall be illuminated with a unifonnly maintained Building Permits minimum level of two foot candles of light between ground level and 6 vertical feet. The same level of light shall apply to all entrances to the parking lot (including motor vehicle and pedestrian) and all hallways. The photometric plan must show locations of light fixtures and conformance with the Dublin Municipal Code. 97. White Paint. The ApplicantJDeveloper shall paint the PO Occupancy Police interior walls of the parking structure white to reflect available light. 98. Security Screens. The parking structure shall be secure and PO Occupancy Police controlled by electronically controlled gates and security screens over ventilation spaces to prohibit access by unauthorized persons. 99. Grill Work. The parking structure shall be secure and PO Occupancy Police controlled by electronically controlled gates and security screens over ventilation spaces to prohibit access by unauthorized persons. Grill work covering openings for the parking area shall be designed to prohibit their use as ladders. 100. Shatterproof Convex Mirrors. Blind corners in parking PO Occupancy Police structure shall be provided with shatterproof convex mirrors to improve visibility for both operators of vehicles and pedestrians. 101. Security Phones. Security phones with monitoring PO Issuance of DMC capability shall be installed pursuant to Section 7.32.230.h.3 Building Permits 7.32.230.h.3 of the DZO. The phones shall have a blue light to identify the location of the phone. The location of the security phones must be shown on the Building Permit plans. 102. Speed Limit. Signs which limit vehicular speed to 5 M.P.H. PO Issuance of Police shall be posted inside the parking structure. Building Pennits 103. VehicJe Removal Signage. All entrances to the parking PO Issuance of Police levels shall be posted with appropriate signs per Sec. Building Permits 22658(a) of the California Vehicle Code., to assist in removing vehicles at the property owner/manager's reauest. 104. Private Property. All entrances to the parking structure PO Issuance of Police shall have posted signage which identifies the property as Building Pennits "Private Property" per Ca. P.C. Sec. 602L. 105. Pedestrian Pathways. Pedestrian paths in parking structure PO Issuance of Police must be shown with appropriate crosswalks areas depicted. Building Pennits POLICE· GENERAL 106. The Applicant/Developer shall comply with all applicable PO On-Going Police City of Dublin Residential and Non-Residential Security Ordinance reQuirements. 107. The ApplicantJDeveloper shall keep the site clear of graffiti PO On-Going Police vandalism on a continuous basis at all times. If available, graffiti resistant materials should be used. 18 CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: 108. Addressing and building numbers shall be visible from the PO Issuance of Police approaches to the buildings. The elevations shall show the Building Permits location and size of the building numbers for review and approval by the Police Services Department. 109. Address range markers shall be placed at exits from PO Occupancy Police elevators. 110. Elevator operations shall be designed to meet City of Dublin PO Issuance of Police Residential Security requirements. Building Permits 111. Outside stairwells shall be open and not obstructed from PO Issuance of Police VIeW. BuildinQ Permits 112. Areas beneath stairways at or below ground level shall be PO Issuance of Police fully enclosed or access to them restricted. BuildinQ Permits 113. Multi-tenant buildings utilizing electronic access control PO Issuance of Police systems on the main entry doors shall provide police Building Permits emergency access utilizing key, code or other approved means of entry. 114. The ApplicantJDeveloper shall work with Dublin Police PO On-Going Police Services on an ongoing basis to establish an effective theft prevention and security program. PARKS & COMMUNITY SERVICES , 115. Public Facilities Fee. The developer shall pay a Public PCS Per Reso. Parks & Facilities Fee in the amounts and at the times set forth in City 214-02 or Community of Dublin Resolution No. 214-02, adopted by the City subsequent Reso. Services Council on November 19,2002, or in the amounts and at the times set forth in any Resolution revising the amount of the Public Facilities Fee, as implemented by the Administrative Guidelines adopted by Resolution 195-99. PUBLIC WORKS - PROJECT SPECIFIC , 116. Parcel Map 7667. Parcel Map 7667 must be approved and PW Construction of Public ready for recording prior to the construction of any Improvements Works improvements. 117. Clarifications and Changes to the Conditions. In the event PW Tract 7667 Public that there needs to be clarification to these Conditions of Final Map Works Approval, the City Engineer has the authority to clarify the intent of these Conditions of Approval to the Developer without going to a public hearing. The City Engineer also has the authority to make minor modifications to these conditions without going to a public hearing in order for the Developer to fulfill needed improvements or mitigations resulting from impacts of this project. 118. Public Facilities Fee. The developer shall pay a Public PW Tract 7667 Public Facilities Fee in the amounts and at the times set forth in City Final Map. Works of Dublin Resolution No. 214-02, adopted by the Ci ty Council on November 19,2002, or in the amounts and at the times set forth in any resolution revising the amount of the Public Facilities Fee, as implemented by the Administrative Guidelines adopted by Resolution 195-99. The in-lieu land dedication portion of the fee will be due prior to the recording of the Final Map for Tract 7667, if recorded prior to Building Permits. 19 CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: 119. Street Lighting Maintenance Assessment District. All PW Tract 7667 Public publicly maintained streetlights shall be annexed into a Street Final Map Works Light Maintenance Assessment District as required by the Master Development Agreement with the Surplus Property Authority of Alameda County for the Dublin Transit Center (Ordinance No. 5-03). The property owners shall maintain all decorative streetlights. The Developer shall provide all necessary documentation required by the City to complete the annexation process. The Developer shall comply with any City requirements necessary to conform to Proposition 218 regulations. The Developer waives any right to protest the inclusion of the properties or any portion of the properties in a Landscape and Lighting Assessment District, and further waives any right to protest the annual assessment for that District. 120. Streetscape Design Standards. The streetscape design for PW Tract 7667 Public Martinelli Drive, Iron Horse Parkway, Dublin Boulevard and Final Map Works Campus Drive shall be in accordance with the Streetscape Master Plan adopted as Ordinance No. 21-02 for the Dublin Transit Center Project, PA 00-013. In keeping with the streetscape design used for residential frontage throughout the Dublin Transit Center, the Campus Drive frontage shall contain landscape islands in the parking area. 121. Sidewalks: All public sidewalks shall have a 2% cross slope. PW Tract 7667 Public The 2% cross slope shall be maintained for a minimum Final Map Works distance of one foot behind the sidewalks where there is landscaping, stairs, or pathway along the back of the sidewalk. Sidewalks shall be designed to maintain a 2% cross slope across all driveway entrances. The 2% cross slope of the sidewalk may be reduced (minimum 1 %) to meet design constraints for the retail door entrances as approved by the City Engineer. 122. On Street Parking: The locations of the landscape islands PW Tract 7667 Public along Iron Horse Parkway and Campus Drive shall be Final Map Works adjusted to maximize the amount of on street parking to the satisfaction of the City Engineer. 123. On Street Parking Restrictions. Developer shall designate PW Tract 7667 Public no parking areas along Dublin Boulevard and Martinelli Final Map Works Drive and designate on Iron Horse Parkway and Campus Drive for short-term parking (2 hour maximum) as directed by the City Engineer. Parking time limits should not apply between 6 PM and 7 AM. 124. Loading Areas. The Developer shall make provisions PW Tract 7667 Public loading areas to the satisfaction of the City Engineer. These Final Map Works provisions may include the use of on-street parking spaces limited to specific hours or based on scheduled requests 125. Dublin Boulevard Frontage: The Developer shall install a PW Tract 7667 Public landscape six-foot wide planter and a six-foot wide walk the Final Map Works full length of the project frontage along Dublin Boulevard. 126. Iron Horse Parkway: The Developer shall construct the PW Tract 7667 Public project frontage improvements along the east frontage of Iron Final Map Works 20 CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: Horse Parkwav as shown on the Tentative Map. 127. Martinelli Way: The Developer shall construct a raised PW Tract 7667 Public island to separate the thrulleft lane form the right turn lane at Final Map Works the Iron Horse Parkway / Martinelli Way intersection. The right turn lane from Martinelli Way should turn into an exclusive lane on Iron Horse Parkway. 128. Campus Drive: The Developer shall construct the PW Tract 7667 Public improvements for the full width of Campus Drive, as shown Final Map Works on the Tentative Map, between Martinelli Way and Dublin Boulevard. Improvements to include frontage landscaping and sidewalk onlv on the west side. 129. Dublin Boulevard Median: The Developer shall widen the PW Tract 7667 Public Dublin Boulevard landscape median when the second left Final Map Works turn lane from Dublin Boulevard to Iron Horse Parkway is eliminated. This improvement is not to be constructed until the Bart parking garage is completed. 130. Dublin Boulevard Right Turn Lane: The Developer shall PW Tract 7667 Public widen Dublin Boulevard to provide a right turn lane at Final Map Works Campus Drive to the satisfaction of the City Engineer. 131. Curb Returns: The curb return at Dublin Blvd/Campus PW Tract 7667 Public Drive shall be a40-foot radius. The Iron Horse Parkway and Final Map Works Martinelli Way northeast return shall be a 50-foot radius. 132. Traffic Signals: The Developer shall install the traffic PW Tract 7667 Public signal at the Martinelli Way / Campus Drive intersection. Final Map Works The traffic signals shall be interconnected with other adjacent signals within the existing City traffic signal system by hard wire. 133. Traffic Signing and Striping: The Developer shall install PW Tract 7667 Public all traffic signs and pavement marking for the above roadway Final Map Works improvements to the satisfaction of the City Engineer. Iron Horse Parkway shall maintain two lanes southbound and one northbound lane until the Bart garage is opened. After the Bart garage is opened, the Developer shall change the signing and pavement markings on Iron Horse Parkway to two northbound lanes and one southbound lane. 134. Covenants, Conditions & Restrictions: A Homeowners PL, ADM, PW Association shall be formed by recordation of a declaration of Covenants, Conditions & Restrictions to govern use and maintenance of common areas and facilities. Said declaration shall set forth the Association name, bylaws, rules and regulations. The CC&Rs shall ensure that there is adequate provisions for the maintenance, in good repair and on a regular basis, of the landscaping, irrigation, fences, gates, walls, drainage, lighting, sIgn, building exteriors, parking areas, and other improvements. The ApplicantJDeveloper shall submit a copy of the CC&R documents to the City for review and approval pursuant this condition. 135. Construction Traffic and Parking: All construction PW Grading! Public related parking shall be off street in an area provided bv the Sitework Pennit Works 21 CONDITION TEXT RESPON. , WHEN REQ'D SOURCE AGENCY Prior to: Developer. Construction traffic and parking shall be provided in a manner approved by the City Engineer to minimize On-going impact on Bart patrons. 136. Tentative Map Conditions of Approval: All applicable PW Grading! Public Conditions of Approval for Tentative Map for Tract 7667 Sitework Permit Works shall apply to this Site Development Review. 137. Grading / Sitework Permit: Developer shall obtain a PW Grading or onsite Public Grading / Sitework Pennit from the Public Works improvements Works Department for all grading and private site improvements. The Developer shall provide security to guarantee the grading and improvements, in an amount approved by the City Engineer. 138. Parking Garage Spaces: Garage Parking spaces shall be 9 PW Issuance of Public feet wide and 20 feet deep. Up to 35% of the spaces may be Building Permits Works compact parking spaces 8 feet by 17 feet. Any parking space next to a wall shall be two additional feet in width. Parking space dimensions shall be clear dimensions free of columns or other obstacles. Wheel stops or concrete curbs shall be provided for all spaces. The driveway aisle width shall be minimum 24 feet. 139. Parking Garage Entrance and Key Access Gates: The PW Grading! Public geometric configuration and circulation for the entrances to Sitework Pennit Works the parking garages shall be designed to the satisfaction of the City Engineer. The two-way drives shall be a minimum 24 feet wide. The key access gate shall be located so that at least one vehicle entering the gate does not block traffic to or from the public garage. 140. Public Parking: The retail parking and the guest parking PW Issuance of Public shall be combined within the public parking section of the Building Permits Works garage. The public garage shall not be signed or designated separate retail parking and the guest narking. 141. Guest Parking. The Developer shall operate the garage in a PW On-going Public manner that allows guests to obtain access to a minimum 20 Works unassigned parking spaces in the garage. PUBLIC WORKS - STANDARD CONDITIONS 142. The Developer shall comply with the Subdivision Map Act, PW Tract 7667 Public the City of Dublin Subdivision, Zoning, and Grading Final Map Works Ordinances, the City of Dublin Public Works Standards and Policies, and all building and fire codes and ordinances in effect at the time of building permit. 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) 143. In the event that there needs to be clarification to these PW Improvement Plans Public Conditions of Approval, the Director of Community Works 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 22 CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: 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 Developer to fulfill needed improvements or mitigations resulting from impacts of this project. 144. The Developer shall enter into a Tract Improvement PW Tract 7667 Public Agreement with the City for all public improvements Final Map Works required for the Tract. 145. The Developer shall provide performance (100%), and labor PW Tract 7667 Public & material (100%) securities to guarantee the tract Final Map Works improvements, approved by the City Engineer, prior to execution of the Tract Improvement Agreement and approval of the Final Map. (Note: Upon acceptance of the improvements, the performance security may be replaced with a maintenance bond that is 25% of the value of the performance securitv.) 146. Developer shall obtain an Encroachment Permit from the PW As needed Public Public Works Department for all construction activity within Works the public right-of-way of any street where the City has accepted the improvements. The encroachment pennit may require surety for slurry seal and restriping. At the discretion of the City Engineer an encroachment for work specifically included in an Improvement AQreement mav not be reauired. 147. The Developer will be responsible for submittals and reviews PW Tract 7667 Public to obtain the approvals of all participating non-City agencies. Final Map Works The Alameda County Fire Department and the Dublin San Ramon Services District shall approve and sIgn the Improvement Plans. 148. Developer shall provide the Public Works Department a PW Acceptance of Public digital vectorized file of the "master" files for the project Public Works when the Final Map has been approved. Digital raster copies Improvements are not acceptable. The digital vectorized files shall be in AutoCAD 14 or higher drawing format. Drawing units shall be decimal with the precision of the Final Map. 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. 149. The Final Map shall be substantially in accordance with the PW Tract 7667 Public Tentative Map approved with this application, unless Final Map Works otherwise modified by these conditions. 150. All rights-of-way and easement dedications required by the PW Tract 7667 Public Tentative Map including the Public Service Easement shall Final Map Works be shown on the Final Map. 151. Any street names assigned to private streets shall be PW Tract 7667 Public approved pursuant to Municipal Code Chapter 7.08. The Final Map Works approved street names shall be indicated on the Final Man. 152. The Developer shall obtain abandonment from all applicable PW Tract 7667 Public public agencies of existing easements and right of ways that Final Map Works will no longer be used. 153. The Grading Plan shall be In conformance with the PW Grading{ Sitework Public 23 CONDITION TEXT , RESPON. WHEN REQ'D SOURCE AGENCY Prior to: recommendations of the Geotechnical Report, the approved Permi t Works Tentative Map and/or Site Development Review, and the City design standards & ordinances. In case of conflict between the soil engineer's recommendations and City ordinances, the City Engineer shall detennine which shall apply. 154. A detailed Erosion Control Plan shall be included with the PW Grading! Public Grading Plan approval. The plan shall include detailed Sitework Permit Works design, location, and maintenance criteria of all erosion and sedimentation control measures. 155. Tiebacks or structural fabric for retaining walls shall not PW Issuance of Public cross property lines unless specifically approved by the City Building Pennits Works Engineer. 156. The public improvements shall be constructed generally as PW Tract 7667 Public shown on the Tentative Map and/or Site Development Final Map Works Review. However, the approval of the Tentative Map and/or Site Development Review is not an approval of the specific design of the drainage, sanitary sewer. water, traffic circulation, and street improvements. 157. All public improvements shall conform to the City of Dublin PW Tract 7667 Public Standard Plans and design requirements and as approved by Final Map Works the City Engineer. 158. Street light standards and luminaries shall be designed and PW Tract 7667 Public installed per approval of the City Engineer. The maximum Final Map Works voltage drop for streetlights is 5%. 159. The Developer shall construct bus stops and shelters at the PW Tract 7667 Public locations designated and approved by the LA VT A and the Final Map Works City Engineer. The Developer shall pay the cost of procuring and installing these improvements. 160. Developer shall construct all potable and recycled water and PW Tract 7667 Public sanitary sewer facilities required to serve the project in Final Map Works accordance with DSRSD master plans, standards, specifications and reQuirements. 161. Fire hydrant locations shall be approved by the Alameda PW Tract 7667 Public County Fire Department. A raised reflector blue traffic Final Map Works marker shall be installed in the street opposite each hvdrant. 162. The Developer shall furnish and install street name signs for PW Tract 7667 Public the project to the satisfaction of the City Engineer. Final MaD Works 163. Developer shall construct gas, electric, cable TV and PW Tract 7667 Public communication improvements within the fronting streets and Final Map Works as necessary to serve the project and the future adjacent parcels as approved by the City Engineer and the various Public Utility agencies. 164. All electrical, gas, telephone, and Cable TV utilities, shall be PW Tract 7667 Public underground in accordance with the City policies and Final Map Works ordinances. All utilities shall be located and provided within public utility easements and sized to meet utility company standards. 165. All utility vaults, boxes and structures, unless specifically PW Tract 7667 Public approved otherwise by the City Engineer, shall be Final Map Works underground and placed in landscape areas and screened 24 CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: from public view. Prior to Joint Trench Plan approval, 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 signed by the City Engineer prIor to construction of the joint trench improvements. 166. If archaeological materials are encountered during PW Through Public construction, construction within 100 feet of these materials Completion Works shall be halted until a professional Archaeologist who is certified by the Society of California Archaeology (SCA) or the Society of Professional Archaeology (SOP A) has had an opportunity to evaluate the significance of the find and SUQQCst aooronriate mitigation measures. 167. Construction activities, including the maintenance and PW Through Public warming of equipment, shall be limited to Monday through Completion Works Friday, and non-City holidays, between the hours of 7:30 a.m. and 5:30 p.m. except as otherwise approved by the City EnQineer. 168. Developer shall prepare a construction noise management PW Grading! Site work Public plan that identifies measures to be taken to minimize Pennit Works 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 included in the proiect plans and specifications. 169. Developer shall prepare a plan for construction traffic PW Grading! Sitework Public interface with public traffic on any existing public street. Permit Works Construction traffic and parking may be subject to specific reauirements bv the Citv Engineer. 170. The Developer shall be responsible for controlling any PW Grading! Sitework Public rodent, mosquito, or other pest problem due to construction Permit Works activities. 171. The Developer shall be responsible for watering or other PW Grading! Sitework Public dust-palliative measures to control dust as conditions warrant Permit Works or as directed bv the City Engineer. 172. Prior to any clearing or grading, the Developer shall provide PW Grading! Sitework Public the City evidence that a Notice of Intent (NOr) has been sent Pennit Works 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. 173. The Storm Water Pollution Prevention Plan (SWPPP) shall PW Grading! Sitework Public identify the Best Management Practices (BMPs) appropriate Pennit Works to the project construction activities. The SWPPP shall include the erosion control measures in accordance with the regulations outlined in the most current version of the ABAG Erosion and Sediment Control Handbook or State Construction Best Management Practices Handbook. The Develoner is resnonsible for ensuring that all contractors 25 CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: implement all storm water pollution prevention measures in the SWPPP. DUBLIN SAN RAMON SERVICES DISTRICT (DSRSD) - STANDARD CONDITIONS 174. Prior to issuance of any building permit, complete DSR Issuance of Dublin San improvement plans shall be submitted to DSRSD that Building Permits Ramon conform to the requirements of the Dublin San Ramon Services Services District Code, the DSRSD "Standard Procedures, District Specifications and Drawings for Design and Installation of Water and Wastewater Facilities", all applicable DSRSD Master Plans and all DSRSD policies. 175. All mains shall be sized to provide sufficient capacity to DSR Improvement Plans Dublin San accommodate future flow demands III addition to each Ramon development project's demand. Layout and sizing of mains Services shall be in conformance with DSRSD utility master planning. District 176. Sewers shall be designed to operate by gravity flow to DSR Improvement Plans Dublin San DSRSD's existing sanitary sewer system. Pumping of Ramon sewage is discouraged and may only be allowed under Services extreme circumstances following a case by case review with District 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 for any project that requires a pumping station. 177. Domestic and fire protection waterline systems for Tracts or DSR Improvement Plans Dublin San Commercial Developments shall be designed to be looped or Ramon interconnected to avoid dead end sections in accordance with Services requirements of the DSRSD Standard Specifications and District sound engineering practice. 178. DSRSD policy requires public water and sewer lines to be DSR Improvement Plans Dublin San located in public streets rather than in off-street locations to Ramon the fullest extent possible. If unavoidable, then public sewer Services or water easements must be established over the alignment of District each public sewer or water line in an off-street or private street location to provide access for future maintenance and/or replacement. 179. Prior to approval by the City of a grading permit or a site DSR Improvement Plans Dublin San development permit, the locations and widths of all proposed Ramon easement dedications for water and sewer lines shall be Services submitted to and approved by DSRSD. District 180. All easement dedications for DSRSD facilities shall be by DSR Improvement Plans Dublin San separate instrument irrevocably offered to DSRSD or by Ramon offer of dedication on the Final Map. Services District 181. Prior to approval by the City for Recordation, the Final Map DSR Recordation of Dublin San shall be submitted to and approved by DSRSD for easement Final Map Ramon locations, widths, and restrictions. Services District 182. Prior to issuance by the City of any Building Permit or DSR Issuance of Dublin San Construction Permit by the Dublin San Ramon Services Building Permits Ramon 26 CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: District, whichever comes first, all utility connection fees Services including DSRSD and Zone 7, plan checking fees, inspection District fees, connection fees, and fees associated with a wastewater discharge permit shall be paid to DSRSD in accordance with the rates and schedules established in the DSRSD Code. 183. Prior to issuance by the City of any Building Permit or DSR Issuance of Dublin San Construction Pennit by the Dublin San Ramon Services Building Pennits Ramon District, whichever comes first, all improvement plans for Services DSRSD facilities shall be signed by the District Engineer. District Each drawing of improvement plans shall contain a signature block for the District Engineer indicating approval of the sanitary sewer 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 performance bond, a one-year maintenance bond, and a comprehensive general liability insurance policy in the amounts and forms that are acceptable to DSRSD. The applicant shall allow at least 15 working days for final improvement drawing review by DSRSD before signature by the District Engineer. 184. No sewer line or waterline construction shall be permitted DSR Improvement Plans Dublin San unless the proper utility construction permit has been issued Ramon by DSRSD. A construction permit will only be issued after Services all of the items in Condition No.9 have been satisfied. District 185. The applicant shall hold DSRSD, its Board of Directors, DSR Issuance of Dublin San commissions, employees, and agents of DSRSD harmless Building Permits Ramon and indemnify and defend the same from any litigation, Services claims, or fines resulting from the construction and District completion of the project. 186. Improvement plans shall include recycled water DSR Improvement Plans Dublin San improvements as required by DSRSD. Services for Ramon landscape irrigation shall connect to recycled water mains. Services Applicant must obtain a copy of the DSRSD Recycled Water District Use Guidelines and conform to the requirements therein. DSRSD - PROJECT SPECIFIC , 187. Potable mains, sewer mains and their appurtenances shall be DSR Final Map approval Dublin San located in areas accessible for maintenance, repair and Ramon servicing at all times per DSRSD Standard Procedures and Services Specifications. The 8 Inch potable Water main and any District related appurtenances located along Iron Horse Parkway shall be moved in order to meet the afore mentioned condition, and Condition 176 (See Above). 188. According to the DSRSD 2005 Urban Water Management DSR Final Map approval Dublin San Plan and 2000 Water Master Plan sufficient potable water Ramon capacity is available to serve the project. Coordination with Services DSRSD shall be conducted in regards to the installation of District new potable water lines to ensure that adequate fire flow demand can be delivered to the propertv. 27 PASSED, APPROVED AND ADOPTED this AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor 28 RESOLUTION NO. OS-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN REFERRING DECISION MAKING AUTHORITY AND RECOMMENDING CITY COUNCIL APPROV AL OF SITE DEVELOPMENT REVIEW FOR PA 05-042 DUBLIN TRANSIT CENTER SITE E-l (METROPOLITAN AT DUBLIN STATION) LOCATED AT THE SOUTHEAST CORNER OF DUBLIN BOULEVARD AND IRON HORSE P ARKW A Y (APN 986-0001-013-02) WHEREAS, the Applicant, D.R. Horton, Inc., has requested approval of Site Development Review for PA 05-042, Dublin Transit Center Site E-l, for the construction of a 300-unit condominium complex with ±15,000square feet of retail on approximately ±4.1 acres of land, located on a portion of Site E of the Dublin Transit Center, within the Eastern Dublin Specific Plan, at the southeast corner of Dublin Boulevard and Iron Horse Parkway; and WHEREAS, the Applicant has submitted a complete application for Site Development Review for the construction of a 300-unit condominium complex, ±15,000 square feet of ground floor retail, parking, common areas and related improvements which is available and on file in the Planning Division; and WHEREAS, the Applicant has submitted project plans for the requested entitlement prepared by Togawa and Smith Architects, Inc. received by the Planning Division on November 21, 2005; and WHEREAS, the California Environmental Quality Act (CEQA), together with State guidelines and City environmental regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, Pursuant to the California Environmental Quality Act, Staff has recommended that the project be found exempt from CEQA pursuant to Government Code section 65457 for residential projects that are consistent with a specific plan. The Project is within the scope of the Final Environmental Impact Report (EIR) for the Dublin Transit Center General Plan Amendment, Eastern Dublin Specific Plan Amendment, Stage 1 Planned Development Zoning, Tentative Parcel Map, and Development Agreement (SCH 2001120395) which was certified by City Council Resolution No. 215-02 dated November 19, 2002. This recommendation is based on a detennination that there are no supplemental impacts that would require preparation of a Supplemental EIR; and WHEREAS, the City of Dublin Zoning Ordinance, Chapter 8.96.020.C.3 allows the Planning Commission to transfer hearing jurisdiction to the City Council at its discretion because of policy implications, unique or unusual circumstances, or the magnitude of the project; and WHEREAS, the Planning Commission is referring the approval, conditional approval, or denial of application PA 05-042, related amendments, and time extensions of permits to the City Council; and WHEREAS, the Planning Commission is also recommending City Council approval of said application; and WHEREAS, the Planning Commission did hold a Public Hearing on said project application on December 13, 2005; and WHEREAS, proper notice of said Public Hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted to the Planning Commission recommending that the project be referred to the City Council for approval; and WHEREAS, the draft City Council Resolution approving the Site E-1 project is attached as Exhibit A; and WHEREAS, the Planning Commission did hear and use their independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth; NOW, THEREFORE, BE IT RESOLVED THAT the Dublin Planning Commission does hereby transfer the original hearing jurisdiction for Dublin Transit Center Site E-1, Metropolitan at Dublin Station Site Development Review to the City Council pursuant to Chapter 8.96.020.C.3 of the Zoning Ordinance and also recommends City Council approval of said project. PASSED, APPROVED AND ADOPTED this 13th day of December 2005. AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Planning Manager 2