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HomeMy WebLinkAboutAttmt 1 Reso Rec CC Appv SDRCUP RESOLUTION NO. 05- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL APPROVE A SITE DEVELOPMENT REVIEW AND CONDITIONAL USE PERMIT FOR THE EMERALD PLACE LIFESTYLE RETAIL CENTER P A 05-043 WHEREAS, an application has been submitted by James Write of Blake Hunt Ventures for approval of a Site Development Review and Conditional Use Permit to construct a 140,155 square foot open air lifestyle retail center providing a variety of specialty shops, eating places and associated uses in an integrated space. The project is commonly referred to as Emerald Place (formerly "Hacienda Lifestyle Center") and proposes new structures, a circulation plan, on-site parking, landscaping, lighting and site amenities; and WHEREAS, the project site is located on a generally flat, vacant +113.08-acre parcel bounded to the south by the on-ramp to Interstate 580, to the east by Hacienda Drive and Hacienda Crossings, and to the north and west by Martinelli Way and IKEA Way; and WHEREAS, development of the project site is guided by the policies contained in the City's General Plan and Eastern Dublin Specific Plan and by the land use and property development regulations and guidelines contained in Ordinance No. 10-04 adopted by the City Council on April 6, 2004 (P A 02- 034). These policies, regulations and guidelines allow for use, development, improvement and maintenance of the subject site for an open air retail center containing a mix of commercial retail and service uses, including eating places, subject to approval of a Site Development Plan and, where applicable, a Conditional Use Permit for minor amendments to the Planned Development regulations applicable to the property; and WHEREAS, the Emerald Place lifestyle retail center project is in conformance with the General Plan and Eastern Dublin Specific Plan designation of the project site as General Commercial and with the Planned Development standards contained in PA 02-034, as amended to allow up to 140,155 square feet of building area (.24 FAR), a 70 foot clock tower as an architectural accent to development on the site, and the consolidation oflandscaping between the perimeter of proposed buildings outward to the property lines containing a minimum depth of 10 feet; and WHEREAS, the California Environmental Quality Act (CEQA), together with the CEQA Guidelines and City's environmental regulations, require that certain projects be reviewed for their effects on the environment prior to their approval. This project was anticipated as part of a Supplemental EIR certified by the City Council by Resolution No. 44-04 on March 16,2004, and this project presents no substantial changes that require major revisions to the previously certified Supplemental ErR, including changes in circumstances as a result of project modifications that would cause new or more intense significant impacts or new information of substantial importance that identifies new or more intense significant impacts; and WHEREAS, the Planning Commission may refer its review authority on the Site Development Review and Conditional Use Permit to the City Council, pursuant to Section 8.96.020.C.3 of the City's Zoning Ordinance, when a project is generally determined to be of an overall size that warrants City Council consideration or where the project was initially reviewed by the City Council as part of previous ATTACHMENT J General Plan and Specific Plan Amendments, Planned Development and Stage I and 2 Development Plan. In these instances, all comments or requested changes that the Planning Commission has to the draft Conditions of Approval and/or the project itself are forwarded by resolution to the City Council; and WHEREAS, the Planning Commission held a properly noticed public hearing on the Site Development Review and Conditional Use Permit for the Emerald Place project on December 13, 2005 and considered all written materials and oral testimony presented to the Commission prior to deliberating on the project. The Planning Commission used independent judgment prior to making its decision to forward a recommendation to the City Council to approve the project with the revisions identified in the draft Conditions of Approval. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby make the following findings relating to the Site Development Review for the Emerald Place lifestyle retail center project: A. Approval of the Site Development Review is consistent with the purpose and intent of Zoning Ordinance Section 8.104, Site Development Review, which encourages orderly, attractive and harmonious site and structural development compatible with individual site constraints and the surrounding properties. With the recommended Conditions of Approval in place, the project provides a comprehensive development that is sensitive to surrounding land uses, including the future IKEA facility, by virtue of the proposed layout of buildings and parking. Additionally, the project's architectural and landscape design are compatible with the surrounding uses, while providing a separate but complementary identity and an appropriate pedestrian scale with tree-line esplanades and commercial retail uses, restaurants and other associated uses fronting on a "main street" environment leading to a central plaza. B. The application is consistent with the policies of the Dublin General Plan and the Eastern Dublin Specific Plan, which designate the project site as General Commercial. The proposed use of the site for an open air lifestyle retail center helps to provide the desired mix of specialty shops, eating places and associated uses that conform to the land uses stipulated in these policy documents. Further, development of the subject property provides for its own infrastructure and required services, which was determined by the City Council in April 2004 to be fiscally beneficial to the City, thereby reducing costs to the City resulting from development and increasing the economic vitality ofthe project to the community. The project, as conditioned, also complies with the Planned Development regulations contained in P A 02-034 providing a pedestrian-oriented development that reflects the planned visual character of the area and provides a place in the community to gather for local and visitors alike. The location and placement of buildings on the site, interior circulation and parking are consistent with the preliminary plans approved by the City Council in April 2004 in the Stage I and 2 Development Plan, with few minor exceptions which are allowed through the Conditional Use Permit process. C. The application, 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 general welfare. The use of the property as an open air lifestyle retail center will be designed to include all infrastructure and similar improvements for efficient vehicular and pedestrian access to the site, will be served by water and sewer treatment facilities, will properly drain to the public storm drain facilities and will contain parking that exceeds the standards applicable to the project site. Page 2 of 39 D. The proposed physical site development, including the intensity of development, site layout, grading, vehicular access, circulation and parking, setbacks, height, public safety and similar elements, as conditioned, has been designed to provide a desirable environment for the development and surrounding uses. The development is designed with two pedestrian-oriented, tree-lines main streets that connect the public right-of-way to a central plaza area where people will gather and socialize among the specimen oak trees, seat walls, landscaped areas, shops and restaurants, decorative pavement surfaces and a fountain area. Buildings and parking areas are set back from the street with landscaping layers provided between the property lines and building walls to provide an appropriate natural buffer and reduce mass and scale, thereby minimizing the view of parking fields to an acceptable level. E. The subject site is physically suitable for the type and intensity of the proposed lifestyle retail center because the project is designed to include sufficient vehicular and pedestrian access, parking, and similar infrastructure to support the use. F. There are no significant views that will be impacted by the project site. Moreover, design of the project to include pedestrian-oriented building facades, walkways, landscape enhancements and amenities within the street esplanades and central plaza will provide new vistas for the community within the context of the type of development typical of a "downtown" or "main street" environment. G. The project site is essentially flat and therefore impacts on existing slopes and topographic features do not present a significant constraint to development ofthe site. Grading of the site will direct runoff through landscape swales where pollutants can be collected and storm water flows reduced to the public storm drainage facilities. H. Architectural considerations, including the character, scale and quality of the design, the architectural relationship with the site and other buildings, signs, building materials and colors, screening of exterior appurtenances, and similar elements have been incorporated into the project and as Conditions of Approval in order to insure compatibility of this development with the development's design concept or theme and the character of adjacent buildings and uses. Buildings are predominantly one-story in height, except for the two buildings located at the east end of the central plaza which serve as a backdrop to this focal point providing an appropriate urban scale for the retail center. Interesting architectural forms and a unique roof design are proposed, with a combination of materials, textures and colors providing richness and visual interest in the project and complementing its surroundings, including the large, relatively simple building form of the future IKEA building. Some of the building walls facing the parking areas will be covered with plants, which are intended to climb upward from the base to the roof parapet providing a "green screen" and adding texture to the development. Trash, truck loading areas will be screened to the extent practicable. 1. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials and similar elements, have been considered to ensure visual relief and an attractive environment for the public. The landscape plan, as conditioned, complies with the objectives and guidelines contained in the Planned Development for the subject property. This plan helps to strengthen the linkages along the esplanades into the central plaza and around the perimeter of the site and provides for an appropriate blending of the natural and build environment. Significantly more trees are proposed than are required, the design of trees, shrubs and groundcovers provides a Page 3 of 39 layering of landscaping between the property lines and buildings facing outward to the parking lot helping to screen the backs of buildings, loading docks and refuse enclosures. Methods implemented by the Applicant during site grading to provide proper under drainage will ensure maturation of the landscape plan. Furnishings are varied and interesting, including round and rectangular pots, tree guards and grates, benches and trash receptacles. The style oflight post for the pedestrian walkways is consistent with the modern architectural design or buildings; however there are other compatibly designed sources oflighting, including in-grade tree up lighting, pole- mounted single and double head lights at roadways and in the parking lots, and wall mounted fixtures. BE IT RESOL VED THAT THE Dublin Planning Commission does hereby make the following findings relating to the Conditional Use Permit for minor amendments to the Planned Development regulations applicable to the Emerald Place lifestyle retail center project: A. That, as recommended in the Conditions of Approval, the proposed project is compatible with other land uses, transportation and service facilities in the vicinity. The project proposes minor adjustments to the regulations approved by the City Council in April 2000 as part of the Planned Development for Market Place at Hacienda (including both the IKEA development and the former Hacienda Lifestyle Center originally). At that time the plan called for approximately 137,000 square feet of retail commercial floor area. As submitted, the Emerald Place project would include 140,155 square feet of retail commercial floor area, representing a minor increase compared to the Market Place at Hacienda project which included substantially more floor area dedicated to food uses. Moreover, the project has been designed to provide its primary access to the shared roadway with the future IKEA facility and with Martinelli Way. If the Emerald Place project assumes a first position to the IKEA project and proposes to open before the other, all required improvements to the western curb and gutter along IKEA Way and to the curb and gutter along the south side of Martinelli Way will be completed by the Applicant as part of the project prior to receiving approval to occupy tenant space on the site. B. The proposed use will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety or welfare. The project will be designed in accordance with all recommended Conditions of Approval and all applicable mitigations adopted as part of the Supplemental Environmental Impact Report approved by the City Council in March 2004 for the Dublin General Plan and Eastern Dublin Specific Plan to ensure the protection of the public health, safety and welfare. The project will also be designed and constructed in accordance with all applicable Building Code and Fire Code requirements. C. The approval of the proposed use will not be injurious to property and are desigued to coordinate with the design of the neighborhood, to include frontage improvements such as pedestrian sidewalks, landscaping and streetlights. D. That, as conditioned, adequate provisions for public access, water, sanitation, and public utilities and services will be provided by the Applicant as part ofthe proposed improvements to ensure that the Emerald Place lifestyle retail center will not be detrimental to the public health, safety or welfare. E. The subject site is physically suitable for the density and intensity of commercial uses proposed because sufficient vehicular and pedestrian access, parking and similar infrastructure are available Page 4 of39 or will be constructed as part of the project to support the use. The proposal to amend the Planned Development regulations in P A 02-034 are considered to be minor, to include a less than 10 percent increase in floor area, which is offset by a reduction of equal or more floor area on the adjoining IKEA site. Further, he proposed height of the clock tower at 70 feet is also similar to the height of the IKEA facility and will provide an architectural focal point on the Emerald Place center. An amendment in the requirement for a minimum of 10 feet oflandscaping at the base of structures is also considered minor when taking into consideration that the combined depth of landscaping at the property lines, within the parking areas, and at the base of the buildings far exceeds this requirement and accomplishes the design objectives of providing sufficient landscape relief to buildings visible to the public. F. The proposed project is not contrary to the specific intent clauses, development regulations or performance standards established for the Planned Development regulations applicable to the site or the City's Zoning Ordinance regulations. As submitted, the Emerald Place project is consistent with the property development and land use standards approved in P A 02-034 and the Stage I and 2 Development Plan for the site. Although the exact land uses for the site are not yet known by the City since the Applicant is in negotiations with many of the prospective tenants, the proposed commercial retail and restaurant uses will be small to medium size tenants consistent with the uses permitted in the underlying Planned Development district. Moreover, the location and placement of buildings on the site, interior circulation and parking are consistent with the preliminary plans approved by the City Council in April 2004. Those exceptions proposed by the Applicant, including an increase in floor area of 3, 155 square feet, an increase in height to accommodate the 70 foot clock tower, and revisions to the area of planters within the parking lot, are minor and continue to provide for a lifestyle retail center on the site that is consistent with the purpose and intent of the Planned Development regulations. G. The application is consistent with the policies of the Dublin General Plan and the Eastem Dublin Specific Plan, which designate the project site as General Commercial. The proposed use ofthe site for an open air lifestyle retail center helps to provide the desired mix of specialty shops, eating places and associated uses that conform to the land uses stipulated in these policy documents. Further, development of the subject property that in a manner that would provide for its own infrastructure and required services was determined by the City Council in April 2004 to be fiscally beneficial to the City, thereby reducing costs to the City resulting from development and increasing the economic vitality of the community. The project, as conditioned, also complies with the Planned Development regulations contained in P A 02-034 providing a pedestrian-oriented development which reflects the planned visual character of the area and provides a place where local and visitors alike will gather in the community. The location and placement of buildings on the site, interior circulation and parking are consistent with the preliminary plans approved by the City Council in April 2004 in the Stage I and 2 Development Plan, which few minor exceptions which are allowed through the Conditional Use Permit process. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby forward a recommendation to the City Council to approve P A 05-043, a Site Development Review and Conditional Use Permit for the Emerald Place lifestyle retail center. The project includes the construction of 140,155 square feet of gross floor area in nine new buildings, a circulation, on-site parking, landscaping and lighting plan, and on-site amenities on a +113.08-acre parcel bounded to the south by the on-ramp to Interstate 580, to the east by Hacienda Drive and Hacienda Crossings, and to the north and west by Martinelli Way and IKAE Way, subject to the following Conditions of Approval: Page 5 of39 CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of a building permit or establishment of the use, and shall be subject to Planning Division 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] Administration/City Attomey; [FIN] Finance, [F] Alameda County Fire Department; [DSR] Dublin San Ramon Services District; [CO] Alameda County Department of Environmental Health; and [Z7] Zone 7. NO. CONDITION TEXT RESP. WHEN SOURCE AGENCY REQ'D Prior to: PLANNING I. Approval. This approval ofPA 05-043 establishes PL Ongoing Standard the Conditions for the Site Development Review and Condition Use Permit for the construction of a 140,155 square foot open air lifestyle retail center called Emerald Place, to include proposed new structures, circulation plan, on-site parking, landscaping, lighting and site amenities, on a +113.08- acre parcel bounded to the south by the on-ramp to Interstate 580, to the east by Hacienda Drive and Hacienda Crossings, and to the north and west by Martinelli Way and IKEA Way. The Site Development Review and Conditional Use Permit are approved in accordance with project plans attached as Exhibit A, dated received on November 7, 2005 and the Conditions of Approval provided herein, on file with the Community DeveloDment Denartment. 2. Permit Expiration. Construction or use shall PL Ongoing Standard commence within one year of permit approval or the permit shall lapse and become null and void. 3. Revocation of permit. The permit shall be revocable PL Ongoing Standard for cause in accordance with Chapter 8.96 of the Dublin Zoning Ordinance. Any violation of the terms or Conditions of this permit shall be subject to citation. 4. Clean-up. The Applicant shall be responsible for PL,B Ongoing Standard clean-up and disposal of project and construction related trash and for maintaining a clean, litter-free site. 5. Controlling Activities. The Applicant shall control PL,B Ongoing Standard all activities on the project site so as not to create a nuisance to the surrounding Droperties. 6. Noise/Nuisances. No loudspeakers or amplified PL,PO Ongoing Standard music shall be permitted to project or be placed outside of the building without prior approval ofthe City. Page 6 of 39 NO. CONDITION TEXT RESP. WHEN SOURCE AGENCY REQ'D Prior to: 7. Temporary Outdoor Sales Events. All outdoor PL,B,F Ongoing Standard sales events shall require a valid Temporary Use Permit approved by the Director of Community Development. Operation under, and application for the Temporary Use Permit shall be in accordance with ChaDter 8.108 of the Dublin Zoning Ordinance. 8. Fees. Applicant/Developer shall pay all applicable All Prior to Standard fees in effect at the time of building permit issuance, Building including, but not limited to, Planning fees, Building Permit fees, Traffic Impact Fees, TVTC fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees, Alameda County Fire Services fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; or any other fee that may be adopted and aDDlicable. 9. Requirements and Standard Conditions. The All Prior to Standard Applicant/Developer shall comply with applicable Building Alameda County Fire, Dublin Public Works Permit 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 a permit 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. 10. Standard Public Works Conditions of Approval. PW With Approval Standard The Applicant/Developer shall comply with all of applicable City of Dublin Standard Public Works Improvement Conditions of Approval, Attachment A I, besides Plans through those listed below. In the event of a conflict between Completion the Standard Public Works Conditions of Approval and these Conditions, these Conditions shall nrevail. II. Required Permits. Applicant/Developer shall obtain PW Prior to Standard all necessary permits required by other agencies and Building utility providers (e.g., Alameda County Flood Control Permits District Zone 7, Alameda County Health Agency, if necessary, State Water Quality Control Board, etc.) and shall submit copies of the permits to the Department of Public Works. 12. Roof Equipment Screening. All roof equipment PL Prior to PL shall be completely screened from view by the Building building parapet or roof enclosure as shown on the permit Elevations approved in accordance with the project plans attached in Exhibit A dated received on November II, 2005. Equipment screened by a roof enclosure shall be screened bv materials Page 7 of 39 NO. CONDITION TEXT RESP. WHEN SOURCE AGENCY REQ'D Prior to: architecturally compatible with the building, as aDDroved bv the Communitv Development Director. 13. Exterior Design Modifications. The design of the PL Ongoing PL exterior modifications to the structure pursuant to this Site Development Review and Conditional Use Permit shall generally conform to the project design, as shown in Exhibit A dated received on November 11,2005, and the Conditions of Approval provided herein, on file with the Community Development Department. Minor amendments to the approved plans may be approved by the Community Development Director provided they are in substantial conformance with the City Council's action to annrove the nroiect. 14. Exterior Colors & Materials. The exterior colors of PL Ongoing PL buildings and pavement treatment surfaces shall conform to those approved by the City Council and shown on the Color Palette for Emerald Place Retail Center provided on November 16, 2005. If after a mock-up has been completed by the Applicant/Developer revisions are proposed to these building or special pavement treatment colors, these revisions shall be approved by the Planning Commission nrior to incomoration into the project. 15. Signs. This Site Development Review and PL Master Sign PL Conditional Use Permit does not approve any signs, Program including the monument signs located at the corners required prior of Hacienda DrivelMartinelli Way and Martinelli to Building Way/IKEA Way. A comprehensive sign program for Permit and the entire project must be submitted by the Sign Applicant/Developer and approved by the Planning Compliance Commission prior to the installation of such signage. Ongoing The sign concept shall conform to the design objectives and guidelines contained in the approved Planned Development for the site. All future signage for the project shall be subject to a sign permit and reviewed for consistency with the approved sign i Drogram and aDDlicable Citv sim1 regulations. 16. Artwork in the Retail Center. Prior to receipt of a PL Prior to PL building permit, the Applicant shall present to the issuance of City's Parks and Community Services Commission building permit the placement and type of artwork proposed in the retail center, as shown on the plans prepared by the Droiect architect dated November 16, 2005. 17. Employee Parking. The Applicant/Developer shall PL Draft to be PL be responsible for preparing and distributing to all provided future employees of Emerald Place a parking map before issuance which identifies the location of parking stalls where of first employees are required to park their vehicles. These occupancy spaces shall be located along the south side of the permit and center in the compact parking spaces and shall avoid ongoing standard size stalls located close to the businesses for increased efficiencv of customer Darking. Page 8 of 39 NO. CONDITION TEXT RESP. WHEN SOURCE AGENCY REQ'D Prior to: 18. Secondary Exits. The location of secondary exits PUB Prior to PL designed for tenant spaces in compliance with the issuance of Building Code shall be shown on all site plans, Building landscaping plans, and civil plans, to include fully Permit dimensioned walkways and planting areas leading to a sidewalk or parking area. Where existing planters are reduced in size, width, depth or similar dimension as a result of a secondary exit, including at the east elevation of Buildings 301 and 401 shown on the project plans in Exhibit A, dated received on November II, 2005, the placement of secondary exits shall be considered by the Community Development Director and City Building Official as part of the building permit review process and shall be approved only where there is no alternative to providing emergency egress without reducing landscaping. 19. Durability of Materials. The base of buildings in PL Prior to PL high pedestrian traffic areas, such as along walkways, issuance of in plazas and at entrances, shall be constructed of Building hi~ quality, durable materials. Permit 20. Specimen Trees. Low branching, specimen oak PL Prior to PL trees (min. 48" box) shall be planted in the central issuance of plaza, at the gateway entry and at the Martinelli Street Building entry to Emerald Place as shown on the landscape Permit plans dated received on November 7, 2005. Large variety specimen trees shall also be provided at the north and south esplanades, meandering pedestrian Vista Garden walk and key building corners visible from the parking lot, as shown on the landscape plans dated received on November 7, 2005. 21. Screening Utilities. To the extent allowable by the PL Prior to PL associated agencies, the Applicant shall locate issuance of transformers, backflow prevention devises and Building similar utilities within an enclosed closet or vault Permit designed to integrate with the project or be located out of Dublic view. BUILDING & SAFETY 22. Building Codes and Ordinances: All project B Through Standard construction shall conform to all building codes and Completion ordinances in effect at the time of building permit. The Applicant/Developer shall obtain all necessary Dermits from the Building Division. 23. Building Permits: To apply for building permits, B Issuance of Standard Applicant/Developer shall submit eight (8) sets of Building construction plans to the Building Division for plan Permits check. Each set of plans shall have attached an annotated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. Applicant/Developer will be Page 9 of 39 NO. CONDITION TEXT RESP. AGENCY 24. responsible for obtaining the approvals of all participation non-City agencies prior to the issuance of building permits. Construction Drawings: Construction plans shall B be fully dimensioned (including building elevations) accurately drawn (depicting all existing and proposed conditions on site), and prepared and signed by a California licensed Architect or Engineer. All structural calculations shall be prepared and signed by a California licensed Architect or Engineer. The site plan, landscape plan and details shall be consistent with each other. Addressing: Addresses will be required on all doors B leading to the exterior of the building. Addresses shall be illuminated and be able to be seen from the street and shall be a minimum of 5 inches in height. Engineer Observation: The Engineer of record B shall be retained to provide observation services for all components of the lateral and vertical design of the building, including nailing, hold-downs, straps, shear, roof diaphragm and structural frame of building. A written reDort shall be submitted to the City Inspector Drior to scheduling the final frame inspection. Phased Occupancy Plan: If occupancy is requested B to occur in phases, then all physical improvements within each 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 handwork items, approved by the Community Development Department. The Phased Occupancy Plan shall be submitted to the Directors 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 buildings in each phase, and shall substantially conform to the intent and purpose ofthe site development review approval. No individual building shall be occupied until the adjoining area is finished, safe, accessible, and provided with all reasonable expected services and amenities, and separated from remaining additional construction activity. Subject to approval of the Director of Community Development, the completion 25. 26. 27. Page 10 of 39 WHEN REQ'D Prior to: SOURCE Prior to Standard issuance of building permits Pri or to Occupancy Prior to frame B inspection Prior to B Occupancy of any affected building NO. CONDITION TEXT RESP. WHEN SOURCE AGENCY REQ'D Prior to: of landscaping may be deferred due to inclement weather with the posting of a bond for the value of the deferred landscaping and associated imDrovements. 28. Air Conditioning Units: Air conditioning units and B Occupancy of B exterior ventilation ducts shall be screened from Unit public view with materials compatible to the main building. Units shall be permanently installed on concrete pads or other non-movable materials as approved by the Building Official and Director of Community Development. 29. Temporary Fencing: Temporary Construction B Prior to B fencing shall be installed along perimeter of all work permitting and under construction. Through ComDletion 30. Green Building Guidelines: To the extent practical B Through B the Applicant shall incorporate Green Building Completion Measures. Green Building plan shall be submitted to the Building Official for review. 31. Cool Roofs: Flat roof areas shall have their roofing B Through B material coated with light colored gravel or painted Completion with light colored or reflective material designed for Cool Roofs. 32. Electronic File: The Applicant/Developer shall B With Submittal B submit all building drawings and specifications for of Building this project in an electronic format to the satisfaction Permit Application 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 pnor to the issuance of the final occupancy. 33. Construction trailer: Due to size and nature of the B Through B development, the Applicant/Developer shall provide Completion a construction trailer with all hook ups for use by City or Contract Inspection personnel during the time of construction as determined necessary by the Building Official. In the event that the City has their own construction trailer, the Applicant/Developer shall provide a site with appropriate hook ups in close proximity to the project site to accommodate this trailer. The Applicant/Developer shall cause the trailer to be moved from its current location at the time necessary as determined by the Building Official at the Applicant/Developer's expense. Page 11 of39 NO. CONDITION TEXT RESP. WHEN SOURCE AGENCY REQ'D Prior to: . J.'iü J>EI';\R.TMEm ·'.'·:'Y' '.,. .-_. ...... .... "?" .·<·...c· . ·Y.'· .. .' ·.·Y:;' f·Z?c. 34. Backflow Prevention Devices: Each building shall F Prior to F have a backflow preventor for the sprinkler system. Building Remove the PIVs shown; shut off of the system is permit provided by the valves on the backflow preventor. Each backflow preventor shall have a FDC. Provide a fire hydrant within 100 feet of each backflow preventor. 35. Building Code Regulations: The allowable area F Prior to F calculations shall comply with CBC Chapter 5. Building uermit 36. Road Apparatus Widths: The minimum width for F Prior to F one way emergency vehicle access roads is 14 feet. Building The entry and exit roads at Martinelli Road between permit buildings 101 and 20 I shall be increased to 14 feet. 37. Fire Apparatus Roadways: The radius for F Prior to F emergency vehicle turns shall be based on a 42 ft. Building turning radius. Emergency vehicle access roadways Permit must 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 902.2.2.1. 38. Timing of Improvements for Fire Safety: All F Prior to start of F emergency vehicle access roads (first lift of asphalt) vertical and the public water supply, including all hydrants, construction or storage on site shall be in place prior to vertical construction or combustible storage on site. 39. Location of Buildings and Fire Access Easements: F Prior to start of F All portions of the exterior walls of the buildings vertical shall be within 150 feet of an emergency vehicle construction or storage on site access road. Emergency vehicle access easements are required for the roads, CFC 902.2.1, 902.3. I. 40. Fire Flows: The minimum fire flow design shall be F Prior to start of F 2,250 gallon per minute at 20 psi residual as required vertical construction or by CFC Appendix IlIA. Raised blue reflectorized storage on site traffic markers shall be epoxied to the center of the street opposite each hydrant. Fire flow shall have a minimum 2 hour duration. Page 12 of39 NO. CONDITION TEXT RESP. WHEN SOURCE AGENCY REQ'D Prior to: 41. Inspection of Roadways and Fire Hydrants: F Prior to start of F Hydrants shall have a maximum average spacing of vertical 400 feet on centers. The hydrants shall be a maximum construction or of 225 feet from any point on a street or driveway used storage on site for emergency vehicle access. UFC appendix IlIA and B. The Applicant/Developer shall construct all new fire hydrants in accordance with the ACFD and City of Dublin requirements. No parking is allowed within 7 Y2 feet of a fire hvdrant. 42. Fire Sprinkler System: Automatic sprinklers shall F Prior to F be provided throughout the buildings as required by occupancy the Dublin Fire Code. Buildings with over 100 sprinklers shall be monitored by a UL listed and certificated central station. 43. Knox Box: Provide a Knox Box at each building. F Prior to F The Knox box shall contain a key that provides access occupancy to the fire alarm panel. CFC 902.4. 44. Compliance with ACFA Regulations and F Through F Standards: The Applicant/Developer shall comply completion with all Alameda County Fire Department (ACFD) rules, regulations, City of Dublin standards, including minimum standards for emergency access roads and payment of applicable fees including City of Dublin Fire facility fees. 45. Compliance with Fire Code: The project shall F Through F comply with Uniform Building and Fire Codes as completion adopted bv the City of Dublin. DUBLIN SAN RAMON SERVICES DISTRICT ., (DSRSD) 46. Prior to issuance of any building permit, complete DSRSD Prior to Standard improvement plans shall be submitted to DSRSD that Issuance of a conform to the requirements of the Dublin San Building Ramon Services District Code, the DSRSD "Standard Permit Procedures, Specifications and Drawings for Design and Installation of Water and Wastewater Facilities", all applicable DSRSD Master Plans and all DSRSD 'Dolicies. 47. All mains shall be sized to provide sufficient capacity DSRSD Prior to Standard to accommodate future flow demands in addition to Issuance of a each development project's demand. Layout and Building sizing of mains shall be in conformance with DSRSD Permit utility master planning. 48. Sewers shall be designed to operate by gravity flow to DSRSD Prior to Standard DSRSD's existing sanitary sewer system. Pumping Issuance of a of sewage is discouraged and may only be allowed Building under extreme circumstances following a case by case Permit review with DSRSD Staff. Anv DumDinl! station will Page 13 of39 NO. CONDITION TEXT RESP. WHEN SOURCE AGENCY REQ'D Prior to: 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. (DSRSD) (Prior to Issuance of a Building Permit) (Standard) 49. Domestic and fire protection waterline systems for DSRSD Prior to Standard Tracts or Commercial Developments shall be Issuance of a designed to be looped or interconnected to avoid dead Building end sections in accordance with requirements of the Permit DSRSD Standard Specifications and sound engineering practice. 50. DSRSD policy requires public water and sewer lines DSRSD Prior to Standard to be located in public streets rather than in off-street Issuance of a locations to the fullest extent possible. If Building unavoidable, then public sewer or water easements Permit must be established over the alignment of each public sewer or water line in an off-street or private street location to provide access for future maintenance and/or reDlacement. 51. Prior to approval by the City of a grading permit or a DSRSD Prior to Standard site development permit, the locations and widths of Issuance of a all proposed easement dedications for water and Building sewer lines shall be submitted to and approved by Permit or DSRSD. Grading/Site Work Permit 52. All easement dedications for DSRSD facilities shall DSRSD Prior to Standard be by separate instrument irrevocably offered to Issuance of a DSRSD or by offer of dedication on the Final Map. Building Permit 53. Prior to approval by the City for Recordation, the DSRSD Prior to Standard Final Map shall be submitted to and approved by Issuance of a DSRSD for easement locations, widths, and Building restrictions. Permit or Grading/Site Work Permit 54. Prior to issuance by the City of any Building Permit DSRSD Prior to Standard or Construction Permit by the Dublin San Ramon Issuance of a Services District, whichever comes first, all utility Building connection fees including DSRSD and Zone 7, plan Permit or checking fees, inspection fees, connection fees, and Grading/Site fees associated with a wastewater discharge permit Work Permit shall be paid to DSRSD in accordance with the rates and schedules established in the DSRSD Code. 55. Prior to issuance by the City of any Building Permit DSRSD Prior to Standard or Construction Permit by the Dublin San Ramon Issuance of a Services District, whichever comes first, all Building improvement plans for DSRSD facilities shall be Permit or signed by the District Engineer. Each drawing of Grading/Site improvement plans shall contain a signature block for Work Permit Page 14 of39 NO. CONDITION TEXT RESP. WHEN SOURCE AGENCY REQ'D Prior to: 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. 56. No sewer line or waterline construction shall be DSRSD Prior to Standard permitted unless the proper utility construction permit Issuance of a has been issued by DSRSD. A construction permit Building will only be issued after all of the items in Condition Permit or No.9 have been satisfied. Grading/Site Work Permit 57. The Applicant shall hold DSRSD, its Board of DSRSD Prior to Standard Directors, commissions, employees, and agents of Issuance of a DSRSD harmless and inderrmity and defend the same Building from any litigation, claims, or fines resulting from the Permit or construction and completion of the project. Grading/Site Work Permit 58. Improvement plans shall include recycled water DSRSD Prior to Standard improvements as required by DSRSD. Services for Issuance of a landscape irrigation shall connect to recycled water Building maills. Applicant must obtain a copy of the DSRSD Permit Recycled Water Use Guidelines and conform to the requirements therein. 59. The project will be located within the District DSRSD Prior to DSRSD Recycled Water Use Zone (Ord. 301), which calls for Issuance of a installation of recycled water irrigation systems to Building allow for the future use of recycled water for Permit approved landscape irrigation demands. Recycled water will be available; as described in the DSRSD Water Master Plan Update. September 2000. Unless specifically exempted by the District Engineer, compliance with Ordinance 301, as may be amended or superseded, is required. Applicant must submit landscape irrigation plans to DSRSD. All irrigation facilities shall be III compliance with District's "Recycled Water Use Guidelines" and Dept. of Health Services requirements for recycled water irrigation design. SECURITY AND POLICE " T ,',..'.',',' , 60. General Compliance. The Applicant shall comply PO Prior to PO with all applicable City of Dublin Nonresidential Issuance of a Security Ordinance requirements. Building Permit and Ongoing Page 15 of39 NO. CONDITION TEXT RESP. WHEN SOURCE AGENCY REQ'D Prior to: 61. Lighting Intensity. The City of Dublin Security PO Prior to PO Ordinance requires specific foot candles of light be Issuance of a provided at ground level. These requirements will be Building enforced when reviewing and approving the lighting Permit plan for this project. The Applicant shall submit a final lighting plan for annroval bv the Dublin Police. 62. Building Lighting. All commercial properties shall PO Prior to PO have light fixtures above each storefront. Parking lot Issuance of a lighting or landscape lighting will not be allowed to Building be the only source of light to the storefront. The Permit potential for future redesign or refurbishing of the center could eliminate some, or all parking lot or landscape lil!htinl!. 63. Parking Lot Lighting. Security lighting shall be PO Prior to PO provided in parking lot areas. A lighting plan shall be Issuance of a provided illustrating that the required 1.0 candle Building lights at ground level in parking lot areas have been Permit provided. Lighting fixtures shall be of a vandal resistant type. 64. Landscape Maintenance and Amenities. PO Ongoing PO Landscaping shall be kept at a minimal height and fullness giving patrol officers and the general public surveillance capabilities of the area. Landscaping features and outdoor amenities shall be designed to reduce their attractiveness to skateboarders and vandals. 65. Addresses. Addressing and building numbers shall PO Prior to PO be visible from the approaches to the building. Issuance of a Addressing for individual suites/businesses within the Building project shall have the address stenciled on the rear Permit door ofthe business. 66. Surveillance Equipment. Employee exit doors and PO Prior to PO doors to the rear of tenant spaces shall be equipped Issuance of a with 180-degree viewers if there is not a burglary Building resistant window panel in the door from which to Permit scan the exterior. 67. Signage. All entrances to the parking areas shall be PO Prior to PO posted with appropriate signs per Sec. 22658(a) ofthe Issuance of a California Vehicle Code and City of Dublin Building Municipal Code Section 6.04.200, to assist in Permit removing vehicles at the property owner's/manager's request. 68. Property Maintenance. The Applicant shall keep the PO Ongoing PO site clear of graffiti vandalism on a regular and continuous basis at all times. Page 16 of39 NO. CONDITION TEXT RESP. WHEN SOURCE AGENCY REQ'D Prior to: 69. Continued Crime Prevention. The Applicant shall PO Ongoing PO work with the Dublin Police on an ongoing basis to establish an effective theft prevention and security program. 70. Security Fencing. The perimeter of the site shall be PO Prior to PO fenced during construction, and security lighting and Issuance of a patrols shall be employed as necessary. Building Permit and Through Construction 71. Temporary Addressed. A temporary address sign of PO Prior to PO sufficient size and color contrast to be seen during Issuance of a night time hours with existing street lighting is to be Building posted on the Hacienda Drive perimeter. Permit and Through Construction 72. Emergency Contact Information. The PO Prior to PO Applicant/Developer will file a Dublin Police Issuance of a Emergency Contact Business Card prior to any phase Building of construction that will provide 24 hour phone Permit contact numbers of persons responsible for the Through construction site. Construction 73. Storage. Good security practices shall be followed PO Through PO with respect to storage of building materials and Construction storage of tools at the construction site. PUBLIC WORKS (Site DevelopmêntConditions) 74. Clarifications and Changes to the Conditions. In PL,PW Prior to Standard the event that there needs to be clarification to these approval of Conditions of Approval, the Directors of Community Improvement Development and Public Works have the authority to Plans clarify the intent of these Conditions of Approval to the Applicant/Developer by a written document signed by the Directors of Community Development and Public Works and placed in the project file. The Directors 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. 75. Hold Harmless/Indemnification. The Developer PL,PW Through Standard shall defend, indemnify, and hold harmless the City completion of of Dublin and its agents, officers, and employees Improvements from any claim, action, or proceeding against the City and occupancy of Dublin or its agents, officers, or employees to of the buildings attack, set aside, void, or annul an approval of the Page 17 of39 NO. CONDITION TEXT 76. City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City to the extent such actions are brought within the time period required by Government Code Section 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 notit'ying The Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. Conditions of Approval. A copy of the Conditions of Approval which has been annotated how each condition is satisfied shall be included with the submittals to the Public Works Department for the review of the Parcel Map and improvements plans. The notations shall clearly indicate how all Conditions of Approval will be complied with, and where they are located on the plans. Submittals will not be accepted without the annotated conditions. Title Report. A current preliminary title report prepared within the last six months together with copIes of all recorded easements and other encumbrances and copies of Final Maps for adjoining properties and off-site easements shall be submitted for reference as reasonably deemed necessary by the City Engineer and/or Public Works Director during review of the final parcel map. Substantial Conformance. The Parcel Map shall be substantially in conformance with Vesting Tentative Map 8262 unless otherwise modified by the Conditions contained herein. Parcel Map 8262. The ApplicantlDeveloper shall have a registered civil engineer or a licensed land surveyor prepare the final Parcel Map into the configuration, size and number of parcels shown on the Vesting Tentative Map 8262 prepared by JMH Weiss, Inc., as approved by the Community Development Director Resolution No. 04-02 on April 19, 2004, and in accordance with the requirements of the Subdivision Map Act and City of Dublin standards. The map shall be prepared concurrently with the improvement plans and shall be reviewed and approved by the City Engineer and/or Public 77. 78. 79. Page 18 of39 RESP. AGENCY PW PW PW PW WHEN REQ'D Prior to: With each submittal of Parcel Map/Improve ment Plans Prior to approval of Parcel Map Prior to approval of Parcel Map Prior to approval of Parcel Map/Improve ment Plans and Issuance of Building Permit SOURCE Standard PW PW PW NO. CONDITION TEXT Works Director prior to recordation. 80. Easements. Applicant/Developer shall dedicate easements on the Parcel Map 8262 or by separate instrument as follows: a. Emergency Vehicle Access Easement (EV AE) granted to the City of Dublin at locations dictated by the Fire Marshal. b. Sidewalk Easement (SWE) along IKEA Way, and on the eastside of Arnold Road at future Altamirano Avenue. c. Traffic Signal Easement (TSE) at the westerly approach of future Altamirano Avenue. d. Roadway dedication along Martinelli Way and Arnold Road, SWE and TSE as shown on Tentative Map 8262. e. Sanitary Sewer and Waterline easements as required by DSRSD. f. Private Utility Easement for storm drain, electrical, and any other common utilities being shared by different parcels. g. Any other easements deemed reasonably necessary by the City Engineer and/or Public Works Director during final design and/or construction. Easements to be dedicated by separate instruments shall be submitted for review and shall be recorded prior to or concurrentlv with Parcel MaD 8262. 81. Summary Vacation of Existing Public Easements. Public Easements that are no longer necessary based on the current site layout and right-of-way configuration shall be summarily vacated pursuant to §66499.20Yz of the Subdivision Map Act and pursuant to Division 9, Part 3, Chapter 4, Article I, §8333 of the Streets and Highwavs Code. 82. Survey Control. Survey monuments shall be set in finished public/private streets and at designated property corners or other control points in accordance with the final maps recorded for this project, and as required by the City Engineer. Said street monuments shall be set within a tolerance of twenty (20) seconds for any angle and I in 10,000 feet for distances between monuments as required by Municipal Code §9.20.040. Pursuant to Subdivision Page 19 of39 RESP. AGENCY PW,F PW PW WHEN REQ'D Prior to: Prior to approval of Parcel Map/Improve ment Plans Prior to approval of Parcel Map/Improve ment Plans Prior to acceptance of improvements by City Council SOURCE PW PW PW NO. CONDITION TEXT 83. Map Act §66497, the surveyor of record shall, within five days after the final setting of all monuments, give written notice to the City Engineer that the final monuments have been set. The Applicant/Developer shall then present evidence to the City Engineer of the payment and receipt of payment by the surveyor of record for the monument settinl!. FEMA Flood Zone. According to the Flood Insurance Rate Map, Community Panel Number 060705-0002-B, published by FEMA, the southern portion of the site is within Flood Zone X and subject to a 100-year flood with average depths less than I'. All buildings shall be constructed with their finish floor elevations I' - minimum above the flood elevation. Improvements within Existing Easements. The Applicant/Developer shall obtain written permission from the beneficiaries of all existing easements encumbering the site before constructing improvements within the easement areas if the proposed improvements are inconsistent with purpose for which the easement was created. Said permission shall be forwarded to the City as evidence of the Applicant/Developer's right to construct said imDrovements. Improvement Agreement and Security. Pursuant to §7.16.620 of the Municipal Code and Subdivision Map Act §66499, the Applicant/Developer shall enter into an Improvement Agreement with the City concurrent with final Parcel Map 8262 approval to guarantee the required improvements. Improvement Security must be posted to guarantee the faithful performance of the required improvements and the payment for labor and materials. Such Security shall be in the form of cash, a certified or cashier's check, a letter of credit, or surety bonds executed by the Applicant/Developer and by a corporate surety authorized to do business in California. The amount of the Security guaranteeing faithful performance shall be 100% of the estimated cost of the work per the new street configuration. The amount of the Security guaranteeing the payment for labor and materials shall be 100% of the estimated cost of the work per the new street configuration. The Applicant/DeveloDer shall Drovide an estimate of 84. 85. Page 20 of 39 RESP. AGENCY PW PW PW WHEN REQ'D Prior to: Prior to issuance of Grading! Sitework Permit Prior to approval of Improvement Plans Prior to approval of Parcel Map/Improve ment Plans SOURCE PW PW PW NO. CONDITION TEXT RESP. WHEN SOURCE AGENCY REQ'D Prior to: these costs for approval by the City Engineer with the first submittal of the final map and improvement plans for checking. 86. Release of Security. When all improvements PW Prior to PW governed by the Improvement Agreement are acceptance of complete to the satisfaction of the City Engineer, the improvements City Council will consider accepting the by City improvements and releasing the Security. Prior to the Council Council's acceptance, the ApplicantlDeveloper shall furnish the following to the City: a. A Maintenance Bond or other replacement security in an amount equal to 25% ofthe estimated cost of the work to guarantee against defects for a one-year period. b. As-Built or Record Drawings printed on the original approved mylar of all Improvement Plans and maps associated with the project. c. Digital computer files of the plans in a format compatible with the City's GIS system. d. A recorded copy of the Covenants, Conditions, and Restrictions that govern the project. e. A Declaration or Report by the project Geotechnical Engineer confirming that all geotechnical and grading work associated with the project has been performed in accordance with the Engineer's recommendations. f. Payment of any outstanding City fees or other debts. g. Any other information deemed necessary by the City Engineer. 87. Improvement and Grading Plans. All PW Prior to PW improvement and grading plans submitted to the issuance of Public Works Department for review/approval shall GradinglSitew be prepared in accordance with the approved ork Permit Tentative Map, these Conditions of Approval, and the City of Dublin Municipal Code including Chapter 7.16 (Grading Ordinance). When submitting plans for review/approval, the Applicant/Developer shall also fill-out and submit a City of Dublin Improvement Plan Review Checklist (three 8-112" x II" pages). Said checklist includes necessary design criteria and other pertinent information to assure that Dlans are Page 21 of 39 NO. CONDITION TEXT RESP. AGENCY submitted in accordance with established City standards. The plans shall also reference the current City oJ Dublin Standard Plans (booklet), and shall include applicable City oj Dublin Improvement Plan General Notes (three 8-112" x II" pages). For on-site improvements, the Applicant/Developer shall adhere to the City's On-site Checklist (eight 8-1/2" x II" pages). All ofthese reference documents are available from the Public Works Department (call telephone 925-833-6630 for more information). The Grading Plan shall be in conformance with the recommendations of the Geotechnical Report, the approved Tentative Map, and the City design standards & ordinances. In case of conflict between the soil engineer's recommendations and City ordinances, the City Engineer shall determine which shall apply. 88. A detailed Erosion Control Plan shall be included with the Grading Plan. The plan shall include detailed design, location, and maintenance criteria of all erosion and sedimentation control measures. GradinglSitework Permit. All improvement work PW must be performed per a Grading/Sitework Permit issued by the Public Works Department. Said permit will be based on the final set of civil plans to be approved once all of the plan check comments have been resolved. Please refer to the handout titled Grading/Site Improvement Permit Application Instructions and attached application (three 8-1/2" x 11" pages) for more information. The Applicant/Developer must fill in and return the Applicant information contained on pages 2 and 3. The current cost of the permit is $10.00 due at the time of permit issuance, although the Applicant/Developer will be responsible for any adopted increases to the fee amount. Erosion Control during Construction. PW Applicant/Developer shall include an Erosion and Sediment Control Plan with the Grading and Improvement plans for review and approval by the City Engineer and/or Public Works Director. Said plan shall be designed, implemented, and continually maintained pursuant to the City's NPDES permit 89. Page 22 of 39 WHEN REQ'D Prior to: Prior to PW issuance of Grading/Sitew ork Permit Prior to PVV issuance of Grading/Site work permit and during construction SOURCE NO. CONDITION TEXT RESP. AGENCY between October I st and April 15th or beyond these dates if dictated by rainy weather, or as otherwise directed by the City Engineer and/or Public Works Director. 90. All grading, construction, and development activities within the City of Dublin must comply with the provisions of the Clean Water Act. Proper erosion control measures must be installed at development sites within the City during construction, and all activities shall adhere to Best Management Practices. When construction is complete, all storm drain inlets shall be stenciled "No Dumping - Drains to Bay" using an approved stencil available from the Alameda CountYWide Clean Water Program. Storm Drainage AnaIysislRequired PW, Z7 Improvements. Applicant/Developer shall prepare a Storm Drainage Study for the properties and roads to be developed/constructed with the project. The Study, including a hydrology map and hydraulic calculations, shall supplement the Santa Rita Drainage Master Plan prepared for the larger surrounding watershed by BKF Engineers in May 1999. According to Zone 7, this property drains to Zone Ts Line G 2-1, a tributary to Chabot Canal. Since the project will substantially increase the imperviousness of the site, the Study must demonstrate that design flows do not adversely impact existing hydraulics downstream ofthe project. The Study is therefore subject to review and approval by both the City of Dublin and Zone 7. 91. All storm drain improvements and mitigation measures identified in the Study and/or specified by the City Engineer shall become requirements of this project. To accommodate potential overland flow, the parking lot grading and on-site storm drain system within the Storm Drain Easement (SDE) area originally granted on Parcel Map 7233, and if SDE is proposed to be vacated as part of this development, shall be designed to accept overland runoff from the storm system within Hacienda Drive. Water Quality/Best Management Practices. PW Pursuant to the Alameda Countywide National Pollution Discharges Elimination Permit (NPDES) No. CAS0029831 with the California Re!!Ïonal Water Page 23 of 39 WHEN REQ'D Prior to: Prior to issuance of Grading/Site work permit Prior to issuance of Grading /Sitework SOURCE , PW PW NO. CONDITION TEXT 92. , Quality Control Board (RWQCB), the Applicant shall design and operate the site in a manner consistent with the Start at the Source publication, and according to Best Management Practices to minimize storm water pollution. In addition to the biofiltration swales proposed along the perimeter of the site and the in-line filtration devices, all trash dumpsters and compactors which are not sealed shall have roofs to prevent contaminants from washing into the storm drain system. The Applicant shall also obtain a Notice of Intent from the RWQCB and shall prepare and submit a Storm Water Pollution Prevention Plan (SWPPP). Storm Water Treatment Measures Maintenance Agreement. Applicant/Developer shall enter into an agreement with the City of Dublin that guarantees the property owner's perpetual maintenance obligation for all storm water treatment measures installed as part of the project. Said agreement is required pursuant to Provision C.3.e.ii of RWQCB Order R2- 2003-0021 for the relssuance of the Alameda Countywide NPDES municipal storm water permit. Said permit requires the City to provide verification and assurance that all treatment devices will be Droperly oDerated and maintained. Zone 7 Drainage Fee. The Applicant will be required to pay Zone Ts SDA 7-1 Impervious Surface Area fees for all new hardscape areas. 93. 94. Roof Drainage. Roof drainage shall drain across bio- swales or into bio- filters prior to entering the storm drain system. The landscaping and drainage improvements in the bio-swale and bio- filters shall be appropriate for water quality treatment. The City Engineer may exempt specific roof leaders from this requirement if space limitations prevent adequate water treatment without creating hazards, nuisance or structural concerns. Concentrated flows will not be allowed to drain across public sidewalks. Phased Improvement Plans. If phased development is required, the Applicant/Developer shall submit grading and drainage, erosion control, utility plans, and improvement plans for each phase of the development for review and approval by the City Engineer and/or Public Works Director. Any phasing 95. Page 24 of 39 RESP. AGENCY PW PW, B, Z7 PW PW,B WHEN REQ'D Prior to: Permit Prior to acceptance of improvements by City Council Prior to issuance of Building Permit Prior to approval of Improvement Plans Prior to issuance of Grading /Sitework Permit SOURCE PW PW PW PW NO. CONDITION TEXT RESP. AGENCY 96. shall provide for adequate vehicular and pedestrian access to the parcel for each phase, and shall substantially conform to the intent and purpose of the parcel approval. No individual building shall be occupied until the adjoining area is finished, safe, accessible, and provided with all reasonable amenities and separated from additional construction activities. Geotechnical Report and Recommendations. The PW, B Applicant/Developer shall incorporate the recommendations of the Geotechnical Investigations prepared by Treadwell & Rollo for the project dated 6/25/03 (IKEA site) and 6/27/03 (Lifestyle Center site) or as may be amended by subsequent report, and additional mitigation measures required by the City Engineer, into the project design. The Geotechnical Engineer shall certit'y that the project design conforms to the report recommendations prior to issuance of a Grading/Sitework Permit. All report recommendations shall be followed during the course of grading and construction. Martinelli Way. The Applicant/Developer shall PW design and install 4' planter strip, 8' wide sidewalk, pedestrian/street lights, and landscaping along the project frontage on the south side of Martinelli Way. The Applicant/Developer shall also modit'y the existing driveway on the south side Martinelli Way such that it is 30' wide with 25' curb return radii, and install stop sign and centerline striping. IKEA Way (Private Entry Road). Ifnot constructed PW as part of the IKEA project, the Applicant/Developer shall design and construct the main entry road into the project site as shown on Sheet Al.Oa, IKEA Entitlement dated January 2004. The Applicant/Developer shall also remove the existing left-turn barricades on Hacienda Drive and Martinelli Way, and, if necessary, re-stripe the lanes and pavement legends/markers as required by the City Engineer. Traffic Signal Modification - IKEA Way (Private PW Entry Road). The Applicant/Developer shall design and modit'y the existing traffic signal at IKEA Way/ Martinelli Way to include traffic loops, street name sign and traffic signal equipment, as required by the Public Works Director. 97. 98. 99. Page 25 of39 WHEN REQ'D Prior to: Prior to issuance of Grading /Sitework Permit and during construction Prior to approval of Improvement Plans Designed prior to approval of Improvement Plans and installed prior to first Occupancy Permit Prior to approval of Improvement Plans SOURCE PW PW PW PW NO. CONDITION TEXT RESP. WHEN SOURCE AGENCY REQ'D Prior to: 100. No Parking on IKEA Way. No Parking shall be PW On-going PW allowed on both sides of the private street (IKEA Way - Parcel A, Parcel Map 8262). This parking restriction shall be indicated with either red-painted curbs or with R26F "No Stopping - Fire Lane" signs installed on both sides at a spacing not to exceed 200'. Parking shall also be restricted along designated drive aisles to assure unobstructed access thro~gh the site. 101. IKEA Way Street Name Signs. The existing mast PW Prior to PW arm street name "IKEA Way" sign panels at IKEA approval of Way/ Martinelli Way (northwest and southeast Improvement corner) shall be turned around and existing wiring Plans shall be connected to illuminate the signs. 102. Disabled Parking. All disabled parking stalls shall PW,B Prior to PW meet State Title 24 requirements, including providing issuance of curb ramps at each loading zone. Curb ramps cannot Occupancy encroach within the loading/unloading areas. Permit(s) Disabled stalls shall be conveniently located and grouped near the primary entrances to each building. Van accessible stalls shall also be provided and shall meet State Title 24 requirements. 103. Disabled Access Ramps. The Applicant/Developer PW,B Prior to PW shall install disabled access ramps, and where issuance of necessary replace all existing disabled ramps at Occupancy driveway intersections to meet current State Title 24 Permit( s) requirements. 104. Vehicle Parking. All parking spaces shall be double PW /PL Prior to PW/PL striped using 4" white lines set approximately 2 feet issuance of apart according to Figure 76-3 and §8.76.070 (A) 17 Occupancy of the Dublin Municipal Code. All compact-sized Permit(s) parking spaces shall have the word "COMPACT" stenciled on the pavement within each space. 12"- wide concrete step-out curbs shall be constructed at each parking space where one or both sides abut a landscaped area or planter. 105. Bicycle Racks. Bicycle racks shall be installed near PW /PL Prior to PW /PL the entrances to the retail buildings at a ratio of I rack issuance of per 40 vehicle parking spaces. Bicycle racks shall be Occupancy designed to accommodate a minimum of four Permit(s) bicycles per rack, and so that each bicycle can be secured to the rack. The location of the bicycle racks shall not encroach into any adjacent/adjoining sidewalks III a manner that would reduce the unencumbered width of the sidewalk to less than 4'. Page 26 of39 NO. CONDITION TEXT 106. Bicycle racks shall be placed in locations where they will have adequate lighting and can be surveilled by the building occupants. Sidewalk. The Applicant/Developer shall construct 8-feet wide sidewalk on the south side of Martinelli Way between IKEA Way and Hacienda Drive and on the eastside of IKEA Way along the site frontage. Pedestrian walkway connecting the back door exits/entrances to the public sidewalk shall also be installed. Per Section 1114B.1.2 of the California Building Code, an accessible and direct route travel shall be provided between the building and the public sidewalk on Hacienda Drive and Martinelli Wav. Parking Requirements. The Applicant/Developer shall comply with the plans approved by the City Council for PA 05-043, Site Development Review and Conditional Use Permit for the Emerald Place, according to the project plans identified as Exhibit A dated received on November 11, 2005, and with the Dublin Zoning Ordinance. Where a conflict exists on the plans between the required total number (667 spaces) and/or dimension of parking spaces, aisles, curbing, landscaping, or similar requirements within the parking areas and what is shown, the requirements of the Planned Development and Zoning Ordinance shall apply. Traffic Impact Fees. The Applicant/Developer shall advance fees or contribute pro-rata share of costs for traffic impact fees as follows: 107. 108. a. Payment of the Eastern Dublin Traffic Impact Fee, Pleasanton Interchange Fee, and Tri-Valley Transportation Development Fee, as determined by the City. b. Advance to the City applicable monies for acquisition of right-of-way and construction of planned improvements at the Dougherty Road/Dublin Boulevard intersection. The amount of money advanced to the City shall be based on the Developer's fair share of the deficit (spread over those projects which are required to make up the deficit) between funds available to the City from Category 2 Eastern Dublin Traffic Impact Fee funds and the estimated cost of acquirin!! the right- Page 27 of 39 RESP. AGENCY PW PL,PW PW WHEN REQ'D Prior to: Prior to issuance of Occupancy Permit(s) Prior to issuance of Occupancy Permit Prior to issuance of Building Permit SOURCE PW PL PW NO. CONDITION TEXT RESP. AGENCY of-way and constructing the improvements. The City should provide credit for Category 2 Eastern Dublin Traffic Impact Fees to the Developer for any advance of monies made for the improvements planned for the Dougherty Road/Dublin Boulevard intersection. 109. Pedestrian Crossing Signs and Striping. The PW Applicant/Developer shall install crosswalks, pedestrian crossing warning signs, and pedestrian crossing pavement legends per Caltrans and City standards at the proposed crosswalk locations. 110. Signs and Pavement Markings. The PW Applicant/Developer shall be responsible for the following on-site and off-site traffic SIgnS and pavement markings: a. Three-way stop control (including Caltrans Rl "Stop" sign, stop pavement legend, 12"- wide white crosswalk) shall be installed at all approaches on IKEA Way/Entry Driveway. b. A stop control (including Caltrans RI "Stop" sign, stop pavement legend, l2"-wide white stop bar stripe) shall be installed at the driveway exits on IKEA Way and Martinelli Way. c. Stop control (including Caltrans RI "Stop" sign, stop pavement legend, 12"-wide white stop bar stripe or 12"-wide crosswalk) shall be installed at the on-site driveway intersections as per approved SDR. d. R41 "Right Turn Only" sign and right turn pavement arrow shall be installed at the driveways where left -turn is prohibited. e. R26F "No Stopping - Fire Lane" signs shall be posted on-site along all curbs that are longer than 20' and that parallel the drive aisles as required by the Fire Marshall. f. R26F "No Stopping - Fire Lane" signs shall be posted on both sides ofIKEA Way every 200'. g. RIOOB (disabled parking regulations sign) shall be installed at each of the two driveway entrances to the site with amended Page 28 of 39 WHEN REQ'D Prior to: Prior to issuance of Occupancy Permit( s) Prior to issuance of Occupancy Permit(s) SOURCE PW PW NO. CONDITION TEXT text to read "...may be reclaimed at DUBLIN POLICE or by telephoning 833- 6670". h. Disabled parking signs and legends per State Title 24 requirements. 1. The word "Compact" shall be stenciled on the pavement surface within each compact parking space. J. Any other signs and markings deemed reasonably necessary by the City Engineer and/or Public Works Director during final design and/or construction. III. Streetlights. Streetlights for the south side of Martinelli Way constructed by the project shall be the City approved Transit Center fixtures located in the public right-of-way. Either City approved Transit Center fixtures or approved decorative lights may be used on private streets. A street lighting plan and photometric calculations which demonstrates compliance with this condition shall be submitted with the improvement plans and shall be subject to revIew and approval by the City Engineer. All decorative street lights shall be maintained by the property owner or by an Owner's Association. Applicant/Developer shall also furnish to City one spare street light to be delivered to the City's Corporation Yard. Applicant/Developer shall not contest the City's efforts to annex the project into the Dublin Ranch Street Light Maintenance Assessment District 1999-1, and shall provide all necessary documentation required by the City to complete the annexation process. The Applicant/ Developer shall comply with any City requirements necessary to conform to Proposition 218 regulations. 112. Waive Right to Protest. The Applicant/Developer waives any right to protest the inclusion of the property or any portion of the property in a Landscape and Lighting Assessment District or similar assessment district, and further waives any right to protest the annual assessment for that District. 113. Landscape Requirements. ApplicantlDeveloper shall install and perpetually maintain all street trees and other plant materials installed along the property street frontages. Tree planters shall meet the minimum requirements of the Zoning Ordinance at 3' Page 29 of 39 RESP. AGENCY PW PW PL,PW WHEN REQ'D Prior to: Prior to acceptance of improvements by City Council On-going Prior to acceptance of improvements by City Council SOURCE PW PW PW NO. CONDITION TEXT RESP. WHEN SOURCE AGENCY REQ'D Prior to: x 6' or4' x4'. 114. Landscape Changes and Maintenance. Any proposed or modified landscaping to the site, including removal or replacement of trees, shall require prior review and written approval from the Community Development Director. All landscaping on the site and along the street frontages to the edge of curb on Martinelli Way and Hacienda Drive shall be properly maintained at all times. At corners adjacent to driveways and drive aisles, the Applicant/Developer shall maintain landscaping at a height of 30 inches or less to provide required sightlines. Applicant/Developer shall complete and submit to the City the Standard Plant Material, Irrigation and Maintenance Agreement and shall assume the maintenance obligation of all landscaping along the Martinelli Way and Hacienda Drive frontages to the project site. 115. Landscape Irrigation. The irrigation system to PL,PW Prior to PL,PW landscaped areas along the street frontages to the approval of edge of curb on Martinelli Way and Hacienda Drive improvement shall be connected to and fully integrated with the plans and Applicant's on-site irrigation system as part of the Ongoing project. 116. Landscape Implementation. All landscaping and PL,B Prior to PL parking lot improvements shall be installed prior to Occupancy occuoancv of tenant soaces within the center. Permit( s) 117. Water Efficiency Landscaping. The PL,PW Prior to Standard Applicant/Developer shall submit written Improvement documentation to the Public Works Department (in Plans the form of a Landscape Documentation Package and other required documents) that the development conforms to the City's Water Efficient Landscaping Ordinance. 118. Landscape Borders. All landscape borders shall be PL Prior to Standard constructed to include a concrete curb that is at least issuance of 6 inches high and 6 inches wide. Any curbs adjacent improvement to parking spaces shall be 12 inches wide. All plans landscaped areas shall be a minimum of 6 feet wide (curb to curb). Concrete mow strips at least 6 inches deep and 4 inches wide shall be required to separate turf areas from shrubs. 119. Landscape and Irrigation Plans. The PL,PW Prior to PW Applicant/Developer shall submit Landscape and approval of Irrigation Plans for review and aDDroval by Planning improvement Page 30 of 39 NO. CONDITION TEXT 120. and Public Works Departments as part of the building permit review process. These plans shall be coordinated with on/off site civil, streetlights, and utility improvement plans and shall include areas for under drainage of trees located in the parking area and for the "green screens" to ensure proper care for landscaping and to allow for maturation of the plan as designed. The final plans shall be signed Community DeveloDment Director and the City Encineer. Landscaping at Intersections. Landscaping at intersections shall be such that sight distance is not obstructed for drivers. Except for trees, landscaping shall not be higher than 30 inches above the curb in these areas. Hacienda Drive Landscape. The Applicant/Developer shall install landscaping along the project frontage on the west side of Hacienda Drive. These improvements shall be included in the landscape plans. Landscaping 1-580 Freeway Right-of-Way. The Applicant/Developer shall design, install, and maintain landscaping within 1-580 freeway right-of- way along the frontage of the site. The Applicant shall submit these plans to Caltrans for review and approval. A separate irrigation system shall be installed to serve this area. Said landscaping is allowed pursuant to the City's agreement with Caltrans titled Agreement for Maintenance of Landscaping on State Highways in the City of Dublin and dated 11/24/99, provided an Encroachment Permit is obtained from the California Department of Transportation (Caltrans) III advance of the installation work. The property owners shall also enter into a site-specific maintenance agreement with the City that delegates the landscape maintenance obligation to the property owner until I/O 1/19. After 1/01/19, the maintenance obligation will revert back to Caltrans unless the oricinal agreement is extended. Decorative Paving. The Applicant/Developer shall not construct decorative pavement within City right- of-way unless otherwise approved by the City Engineer and/or Director of Public Works. The type of decorative pavers and pavement section shall be subject to review and approval by the City Engineer and/or Director of Public Works. Decorative 121. 122. 123. Page 31 of39 RESP. AGENCY PW PW PW PW WHEN REQ'D Prior to: plans and issuance of Building Permit Prior to issuance of Occupancy Permit Prior to approval of Improvement Plans Prior to acceptance of improvements by City Council Prior to acceptance of improvements by City Council SOURCE PW PW PW PW NO. CONDITION TEXT RESP. WHEN SOURCE AGENCY REQ'D Prior to: entrances to private streets shall be constructed to the satisfaction of the City Engineer and/or Director of Public Works. 124. Relocation of Existing ImprovementslU tilities. PW Prior to PW Any necessary relocation of existing improvements or acceptance of utilities shall be accomplished at no expense to the improvements City. by City Council 125. Joint Utility TrencheslUndergroundinglUtility PW Prior to PW Plans. Applicant/Developer shall construct all joint acceptance of utility trenches (including electric, improvements telecommunications, cable TV, and gas) III by City accordance with standards enforced by the Council appropriate utility agency. All vaults, electric transformers, cable TV boxes, blow-off valves, structures, and other utility features shall be placed underground and located behind the proposed sidewalk within the public service easement, or placed in landscape areas and screened from public VIew, unl ess otherwise approved by the City Engineer. Conduit shall be under the public sidewalk within the right of way to allow for street tree planting. Utility plans showing the location of all proposed utilities shall be shown on improvement and landscape plans, and reviewed and approved by the City Engineer and/or Public Works Director and Community Development Director pnor to construction. 126. Undergrounding Existing Electric Transmission PW Prior to PW Line. The existing 12 KV overhead electrical acceptance of transmission line that extends along the south side of improvements the site shall be placed underground as part of the by City project. The Applicant shall coordinate this work Council with PG&E and any other affected utility providers. 127. Temporary Fencing. Temporary Construction PW,B During PW fencing shall be installed along perimeter of all work Construction under construction to separate the construction and Prior to operation from the public. All construction activities issuance of shall be confined to within the fenced area. Occupancy Construction materials and/or equipment shall not be Permit operated or stored outside of the fenced area or within the public right-of-way unless approved in advance by the City Engineer/Public Works Director. 128. Construction Hours. Construction and grading PW,B During PW operations shall be limited to weekdays (Monday Construction Page 32 of 39 NO. CONDITION TEXT RESP. AGENCY through Friday) and non-City holidays between the hours of 7:30 a.m. and 5:30 p.m. The Applicant/Developer may request permission to work on Saturdays and/or holidays between the hours of 8:30 am and 5:00 pm by submitting a request form to the City Engineer no later than 5:00 pm the prior Wednesday. Overtime inspection rates will apply for all Saturday and/or holiday work. 129. Construction Noise Management PW Program/Construction Impact Reduction Plan. Applicant/Developer shall conform to the following Construction Noise Management Program/Construction Impact Reduction Plan. The following measures shall be taken to reduce construction impacts: a. Off-site truck traffic shall be routed as directly as practical to and from the freeway (1-580) to the job site. Primary route shall be from 1-580 to Hacienda Drive. An Oversized Load Permit shall be obtained from the City prior to hauling of any oversized loads on City streets. b. The construction site shall be watered at regular intervals during all grading activities. The frequency of watering should increase if wind speeds exceed 15 miles per hour. Watering should include all excavated and graded areas and material to be transported off-site. Use recycled or other non-potable water resources where feasible. c. Construction equipment shall not be left idling while not in use. d. Construction equipment shall be fitted with noise muffling devices. e. Mud and dust carried onto street surfaces by construction vehicles shall be cleaned-up on a daily basis. f. Excavation haul trucks shall use tarpaulins or other effective covers. g. Upon completion of construction, measures shall be taken to reduce wind erosion. Replanting and repaving should be completed as soon as possible. h. After grading is completed, fugitive dust on exposed soil surfaces shall be controlled using Page 33 of39 WHEN REQ'D Prior to: During Construction SOURCE PW NO. CONDITION TEXT the following metho~s: following methods: I. Inactive portions of the construction site shall be seeded and watered until grass growth is evident. 11. Inactive portions of the construction site shall be seeded and watered until grass growth is evident. iii. All portions of the site shall be sufficiently watered to prevent dust. IV. On-site vehicle speed shall be limited to 15mph. v. Use of petroleum-based palliatives shall meet the road oil requirements of the Air Quality District. Non-petroleum based tackifiers may be required by the City Engineer. 1. The Department of Public Works shall handle all dust complaints. The City Engineer may require the services of an air quality consultant to advise the City on the severity of the dust problem and additional ways to mitigate impact on residents, including temporarily halting project construction. Dust concerns in adjoining communities as well as the City of Dublin shall be addressed. Control measures shall be related to wind conditions. Air quality monitoring of PM levels shall be provided as required by the City Engineer. J. Construction interference with regional non- project traffic shall be minimized by: 1. Scheduling receipt of construction materials to non-peak travel periods. 11. Routing construction traffic through areas ofleast impact sensitivity. iii. Routing construction traffic to mlmmlze construction interference with regional non-project traffic movement. IV. Limiting lane closures and detours to off- peak travel periods. v. Providing ride-share incentives for contractor and subcontractor personnel. k. Emissions control of on-site equipment shall be minimized through a routine mandatory program of low-emissions tune-ups. Page 34 of 39 RESP. AGENCY WHEN REQ'D Prior to: SOURCE NO. CONDITION TEXT 130. DamagelRepairs. The Applicant/Developer shall be responsible for the repair of any damaged pavement, curb & gutter, sidewalk, or other public street facility resulting from construction activities associated with the development of the Droiect. Address Numbering System. After the map records but before Building Permits are issued, the Applicant/Developer shall propose address numbers for each building based on the address grid utilized within Alameda County and available from the Dublin Building Official. The addressing scheme is subject to review and approval by the City and other interested outside agencIes. Signs shall be prominently displayed that identify all addresses within the development. Addresses are required on the front and rear of each building. Retail building requires address ranges to be posted on the street side of each buildings, or as otherwise required by the Building Official and Fire Marshal. Fire Hydrants. The Applicant/Developer shall construct all new fire hydrants in accordance with the ACFD and City of Dublin requirements. Final location of fire hydrants shall be approved by the ACFD in accordance with current standards. Raised blue reflectorized traffic markers shall be epoxied to the center of the street oDDosite each hydrant. Graffiti. The Applicant/Developer and/or building tenant(s) shall keep the site clear of graffiti vandalism on a regular and continuous basis. Graffiti resistant paint for the structures and film for windows or glass shall be used whenever possible. Covenants, Conditions and Restrictions (CC&Rs). An Owners Association shall be formed by recordation of a declaration of Covenants, Conditions, and Restrictions to govern use and maintenance of common areas and facilities. Said declaration shall set forth the name of the association, ownership of the private parking lots, the restrictions on the use or enjoyment of any portion of the private parking lots for maintenance and/or access, and the bylaws, rules and regulations of the Association. Prior to recordation, said CC&R document shall be reviewed by the City for compliance with this Condition. 131. 132. 133. 134. Page 35 of39 RESP. AGENCY PW B,F PW,F PD PW, PL, ADM WHEN REQ'D Prior to: Prior to acceptance of improvements by City Council Prior to issuance of Building Permits Prior to issuance of Occupancy Permits On-going Prior to Occupancy of First Building SOURCE PW PW PW PW PW NO. CONDITION TEXT The CC&Rs shall address the following: I. The CC&Rs shall ensure that there is adequate provision for the maintenance, in good repair and on a regular basis, of all commonly owned facilities. In the event that any area falls into a state of disrepair or fails to meet the Performance Standards established by the CC&R's, the City will have the right but not the obligation to take corrective measures and bill the Association for the cost of such repair and corrective maintenance work plus City overhead. The Declaration shall specifY that, as it pertains to the maintenance of the above- listed items, it cannot be amended without the consent of the City. 2. Private parking lots shall be posted III accordance with California Vehicle Code Section 22658, Sections I and 2. RESP. AGENCY The above requirements shall be included III the Droiect CC&Rs. Occupancy Permit Requirements. Prior to issuance PW, PL, B of an Occupancy Permit, the physical condition of the project site shall meet minimum health and safety standards including, but not limited to the following: 135. a. The streets and walkways providing access to each building shall be complete, as determined by the City Engineer, to allow for safe, unobstructed pedestrian and vehicle access to and from the site. b. All traffic control devices on streets providing access to the site shall be in place and fully functional. c. All street name signs and address numbers for streets providing access to the buildings shall be in place and visible. d. Lighting for the streets and site shall be adequate for safety and security. All streetlights on streets providing access to the buildings shall be energized and functioning. Exterior lighting shall be provided for building entrances/exits and pedestrian walkways. Security lighting shall be provided as required by Dublin Police. Page 36 of39 WHEN REQ'D Prior to: Prior to issuance of Occupancy Permit SOURCE Standard NO. CONDITION TEXT 136. e. All construction equipment, materials, or on- going work shall be separated from the public by use of fencing, barricades, caution ribbon, or other means approved by the City Engineer. f. All fire hydrants shall be operable and easily accessible to City and ACFD personnel. g. All site features designed to serve the disabled (i.e. H/C parking stalls, accessible walkways, signage) shall be installed and fully functional. Trash Enclosure/Garbage Area. The proposed trash enclosure shall be architecturally designed to be compatible with the building. The enclosure shall have a roof constructed of materials that are architecturally compatible with the building. The doors must be designed with self-closing gates that can be locked closed and can also be held open with pin locks during loading. All trash bins used for this site shall be maintained within the trash bin enclosure( s) at all times. An area drain shall be installed within the trash enclosure with a connection to the sanitary sewer system. In addition, a hose bib shall be provided for convenient wash-down of the trash enclosure. Refuse Collection. The Applicant/Developer shall provide designated refuse collection areas for the project, subject to approved by the appropriate solid waste collection company pnor to approval of improvement plans. All refuse collection areas shall be screened from public view and shall have roofs to protect against rainwater intrusion and floor drains connected to the sanitary sewer system to collect runoff from periodic washdown. The refuse collection service provider shall be consulted to ensure that adequate space IS provided to accommodate collection and sorting of putrescible solid waste as well as source-separated recyclable materials generated bv this Droiect. Abandonment of Wells. Any water wells, cathodic protection well, or exploratory boring on the project property must be properly abandoned, backfilled, or maintained III accordance with applicable groundwater protection ordinances. For additional information contact Alameda County Flood Control, Zone 7. 137. 138. Page 37 of39 RESP. AGENCY PW,PL PW PW WHEN REQ'D Prior to: Prior to issuance of Building Permit and Ongoing Prior to issuance of Building Permit Prior to issuance of Grading /Sitework Permit SOURCE PW PW NO. CONDITION TEXT RESP. AGENCY 139. Environmental Site Assessment. If, during F construction of the Project, hazardous materials are discovered, the Applicant/Developer shall adhere to the requirements of ACDEH, the Fire Marshal, the City, and/or other applicable agency to mitigate the hazard before continuing. Required Permits. An encroachment permit from PW, B the Public Works Department may be required for any work done within the public right-of-way. Developer shall obtain all permits required by other agencIes including, but not limited to 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 DeDartment. Archaeological Site. If archaeological materials are PL, B encountered during construction, construction within 100 feet of these materials shall be halted until a professional Archaeologist who is certified by the Society of California Archaeology (SCA) or the Society of Professional Archaeology (SOP A) has had an opportunity to evaluate the significance of the find and suggest appropriate mitÜmtion measures. Geographic Information System. The PW Applicant/Developer shall provide a digital vectorized file of the "master" files on floppy or CD of the Improvement Plans to the Public Works Department and DSRSD. Digital raster copies are not acceptable. The digital vectorized files shall be in AutoCAD 14 or higher drawing format or ESRI Shapefile format. Drawing units shall be decimal with the precision of 0.00. All objects and entities in layers shall be colored by layer and named in English, although abbreviations are acceptable. All submitted drawings shall use the Global Coordinate System of USA, California, NAD 83 California State Plane, Zone IlI, and U.S. foot. Said submittal shall be accentable to the City's GIS Coordinator. Public Improvements. All public improvements PW constructed by Developer and to be dedicated to the City are hereby identified as "public works" under Labor Code section 1771 unless the Public Works Director specifically determines otherwise in writing. Accordinglv, DeveloDer, III constructing such 140. 141. 142. 143. Page 38 of 39 WHEN REQ'D Prior to: Prior to issuance of Occupancy Permit(s) Various Times and Prior to issuance of Building Permit During Construction Prior to acceptance of improvements by City Council Prior to acceptance of improvements by City Council SOURCE PW PW PW PW PW NO. CONDITION TEXT RESP. WHEN SOURCE AGENCY REQ'D Prior to: improvements, shall comply with the Prevailing Wage Law (Labor Code. Sects. 1720 and followin!!). 144. Plan Consistency. Prior to approval of a building PL,PW Prior to PL permit or grading!site work plan authorizing issuance of a construction on the site, the Applicant shall submit grading! plans which are internally consistent, to include the sitework or site plans, landscaping plans, and civil plans. building permit Proposed placement of streetlights, lighting within the interior of the site, on/off site civil improvements, utility improvements, specialized pavement surfaces, transformers, backflow prevention devices, lighting, walkways, and bicycle racks shall be shown consistently on all sets. 145. Overland Flood Easement Abandonment. The PL,PW Prior to PL. PW project site also contains an overland flood easement issuance of a located in the easterly portion of the site. It may be grading! possible to abandon this easement if it can be sitework or demonstrated that the storm water flows on the site building permit can be contained in the existing 20 foot wide storm drain easement in the event the 84" storm drain becomes plugged. If this cannot be demonstrated, or alternative means for abandonment of this easement be accepted, Building 401, which clips a small corner of the easement, will require an adjustment to address this issue. PASSED, APPROVED, AND ADOPTED this 13th day of December 2005. AYES: NOES: ABSTAIN: ABSENT: Planning Commission Chairperson ATTEST: Acting Planning Manager G:\PA#\2005\OS...Q43 Emerald Place Lifestyle Retail Cenler\PC\Draft PC Resolution 11·21·05.doc Page 39 of 39 OITYOF :DUBLI:J!IiI" Department City Offices, 100 Civic Plaza, Dublin California 94568 Public Works Attachment A PUBLIC WORKS STANDARD CONDITIONS OF APPROVAL GENERAL: 1. The Developer shall comply with the Subdivision Map Act, the City of Dublin Subdivision, Zoning, and Grading 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. 2. In the event that there needs to be clarification to the Conditions of Approval, the Director of Community Development and the City Engineer have the authority to clarify the intent of these Conditions of Approval to the Developer without going to a public hearing. The Director of Community Development and the City Engineer also have the authority to make minor modifications to these conditions without going to a public hearing in order for the Developer to fulfill needed improvements or mitigations resulting from impacts to this project. 3. The Developer shall defend, indemnify, and hold harmless the City of Dublin and its agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City to the extent such actions are brought within the time period required by Government Code Section 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. 4. Any water well, cathodic protection well, or exploratory boring on the project property must be properly abandoned, backfilled, or maintained in accordance with applicable groundwater protection ordinances. For additional information contact Alameda County Flood Control, Zone 7. AGREEMENT AND BONDS: 5. The Developer shall enter into a Tract Improvement Agreement with the City for all tract improvements. 6. The Developer shall provide performance (100%), and labor & material (100%) securities to guarantee the tract 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 security.) FEES: 7. The Developer shall pay all applicable fees in effect at the time of building permit issuance including, but not limited to, Planning fees, Building fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees, Public Works Traffic Impact fees, Alameda County Fire Services fees; Noise Mitigation fees, Inclusionary Housing In-Lieu fees; Alameda County Flood and Water G:IDEVELOPIEmerald PlacelPW Standard Conditìms of ApprovaLdoc E J~ t'J I B i 'f A Conservation District (Zone 7) Drainage and Water Connection fees; and any other fees as noted in the Development Agreement. 8. Parkland shall be dedicated and I or in-lieu fee paid, prior to approval of the Final Map or issuance of building permits, whichever occurs first, in accordance with the City's Subdivision Ordinance. PERMITS: 9. An encroachment permit from the Public Works Department may be required for any work done within the public right-of-way even if covered under an Improvement Agreement. 10. Developer shall obtain all permits required by other agencies including, but not limited to 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. SUBMITTALS: 11. All submittals of plans and Final Maps shall comply with the requirements of the "City of Dublin Public Works Department Improvement Plan Submittal Requirements", and the "City of Dublin Improvement Plan Review Check List". 12. The Developer will be responsible for submittals and reviews to obtain the approvals of all participating non- City agencies. The Alameda County Fire Department and the Dublin San Ramon Services District shall approve and sign the Improvement Plans. 13. Developer shall submit a Geotechnical Report, which includes street pavement sections and grading recommendations. 14. Developer shall provide the Public Works Department a digital vectorized file of the "master" files for the project when the Final Map has been approved. Digital raster copies 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 Globai Coordinate System of USA, California, NAD 83 California State Plane, Zone III, and U.S. foot. FINAL MAP: 15. The Final Map shall be substantially in accordance with the Tentative Map approved with this application, unless otherwise modified by these conditions. 16. All rights-of-way and easement dedications required by the Tentative Map including the Public Service Easement shall be shown on the Final Map. 17. Street names shall be processed for approval through the Planning Department. The approved street names shall be indicated on the Final Map. EASEMENTS: 18. The Developer shall grant to the City of Dublin easements for traffic signal detectors, boxes conduit, etc. at all private streets and driveways entrances that will be signalized. 19. The Developer shall obtain abandonment from all applicable public agencies of existing easements and right of ways that will no longer be used. G:\DEVELOP\Emerald Place\PW Standard Conditiœs of Approva1.doc 20. The Developer shall acquire easements, and/or obtain rights-of-entry from the adjacent property owners for any improvements on their property. The easements and/or rights-of-entry shall be in writing and copies furnished to the City Engineer. 21. All public sidewalks must be within City right-of-way or in a pedestrian access easement unless approved by the City Engineer. GRADING PLANS: 22. The Grading Plan shall be in conformance with the recommendations of the Geotechnical Report, the approved Tentative Map, and the City design standards & ordinances. In case of conflict between the soil engineer's recommendations and City ordinances, the City Engineer shall determine which shall apply. 23. A detailed Erosion Control Plan shall be included with the Grading Plan approval. The plan shall include detailed design, location, and maintenance criteria of all erosion and sedimentation control measures. IMPROVEMENTS 24. The public improvements shall be constructed generally as shown on the Tentative Map. However, the approval of the Tentative Map is not an approval of the specific design of the drainage, sanitary sewer, water, traffic circulation, and street improvements. 25. All public improvements shall conform to the City of Dublin Standard Plans and design requirements and as approved by the City Engineer. 26. Developer shall construct all potable and recycled water and sanitary sewer facilities required to serve the project in accordance with DSRSD master plans, standards, specifications and requirements. 27. Fire hydrant locations shall be approved by the Alameda County Fire Department. A raised reflector blue traffic marker shall be installed in the street opposite each hydrant. 28. Street light standards and luminaries shall be designed and installed per approval of the City Engineer. The maximum voltage drop for streetlights is 5%. 29. All new traffic signals shall be interconnected with other new signals within the development and to the existing City traffic signal system by hard wire. 30. Two empty 3" conduits with pull ropes, to accommodate future extension of the traffic interconnect system and for School District uses, shall be installed along any project arterial street frontage. The extent of this work to be determined by the City Engineer. 31 . The Developer shall construct bus stops and shelters at the locations designated and approved by the LAVTA and the City Engineer. The Developer shall pay the cost of procuring and installing these improvements. 32. The Developer shall furnish and install street name signs, and traffic signs & marking for the project as required by the City Engineer. 33. Street trees, of at least a 15-gallon size, shall be planted along the street frontages. The varieties and locations of the trees to be approved by the Community Development Director and City Engineer. 34. Any decorative pavement installed within City right-of-way requires approval of the City Engineer. Where decorative paving is installed in public streets, pre-formed traffic signal loops and sleeves to accommodate future utilities shall put under the decorative pavement. Maintenance costs of the decorative paving shall be included in a landscape and lighting maintenance assessment district or other funding mechanism acceptable to the City Engineer. G:\DEVELOP\Emerald Place\PW Standard Conditioos of Approva1.doc 35. To the maximum extent possible, roof drainage shall drain across bio-swales or into bio-filters prior to entering the storm drain system. The landscaping and drainage improvements in the bio-swale and bio-filters shall be appropriate for water quality treatment. The City Engineer may exempt specific roof leaders from this requirement if space limitations prevent adequate water treatment without creating hazards, nuisance or structural concerns. Concentrated flows will not be allowed to drain across public sidewalks. 36. Developer shall construct gas, electric, cable TV and communication improvements within the fronting streets and as necessary to serve the project and the future adjacent parcels as approved by the City Engineer and the various Public Utility agencies. 37. All electrical, gas, telephone, and Cable TV utilities, shall be underground in accordance with the City policies and ordinances. All utilities shall be located and provided within public utility easements and sized to meet utility company standards. 38. To the maximum extent practicable, all utility vaults, boxes and structures shall be underground and placed in landscape areas and screened from public view. All utility vaults, boxes and structures shall be shown on landscape plans and approved by the City Engineer and Community Development Director prior to construction. CONSTRUCTION: 39. The Erosion Control Plan shall be implemented between October 15th and April 15th unless otherwise allowed in writing by the City Engineer. The Developer will be responsible for maintaining erosion and sediment control measures for one year following the City's acceptance of the subdivision improvements. 40. If archaeological materials are encountered during construction, construction within 100 feet of these materials shall be halted until a professional Archaeologist who is certified by the Society of California Archaeology (SCA) or the Society of Professional Archaeology (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation measures. 41. Construction activities, including the maintenance and warming of equipment, shall be limited to Monday through Friday, and non-City holidays, between the hours of 7:30 a.m. and 5:30 p.m. except as otherwise approved by the City Engineer. 42. Developer shall prepare a Construction Noise Management Plan, to be approved by the City Engineer and Community Development Director, that identifies measures to be taken to minimize construction noise on surrounding developed properties. The Plan shall include hours of construction operation, use of mufflers on construction equipment, speed limit for construction traffic, haul routes and identify a noise monitor. Specific noise management measures shall be included in the project plans and specifications. 43. Developer shall prepare a plan for construction traffic interface with public traffic on any existing public street. Construction traffic and parking may be subject to specific requirements by the City Engineer. 44. The Developer shall be responsible for controlling any rodent, mosquito, or other pest problem due to construction activities. 45. The Developer shall be responsible for watering or other dust-palliative measures to control dust as conditions warrant or as directed by the City Engineer. NPDES: 46. Prior to any clearing or grading, the Developer shall provide the City evidence that a Notice of Intent (NOI) has been sent to the California 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. G:\DEVELOP\Emerald Place\PW Standard Conditirns of Approva1.doc 47. The Storm Water Pollution Prevention Program (SWPPP) for the operation and maintenance of the project shall identify the Best Management Practices (BMPs) appropriate 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. 48. The Developer is responsible for ensuring that all contractors implement all storm water pollution prevention measures in the SWPPP. G:\DEVELOP\Emerald Place\PW Standard Conditiæs of Approva1.doc