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HomeMy WebLinkAboutPC Reso07-09 Appv Grafton Sta SDR 06-061 RESOLUTION NO. 07 - 09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING SITE DEVELOPMENT REVIEW FOR FOUR RETAIL PADS LOCATED AT THE SOUTHWEST CORNER OF DUBLIN BOULEVARD AND GRAFTON STREET AND BORDERED BY DUBLIN BOULEVARD AND NORTHSIDE DRIVE IN THE GRAFTON STATION SHOPPING CENTER (APN 985-0036-009) PA 06-061 WHEREAS, the Applicant, Charter Properties, has requested approval of a Site Development Review for the construction of four retail buildings which are a total of 48,984 square feet in size, located in a portion of Area H of Dublin Ranch, within the Eastern Dublin Specific Plan, at the southwest corner of Dublin Boulevard and Grafton Street and bordered by Dublin Boulevard and Northside Drive in the shopping center referred to as Grafton Station; and WHEREAS, the Applicant has submitted a complete application for Site Development Review for the construction of four retail buildings in the Grafton Station shopping center; and WHEREAS, the Applicant has submitted project plans for the requested entitlement prepared by MacKay and Somps and William Hezmalhalch Architects Inc. received by the Planning Division on March 13,2007; and WHEREAS, the California Environmental Quality Act (CEQA), together with State guidelines and City environmental regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, the City Council approved a Mitigated Negative Declaration by Resolution No. 34- 00 (entitled and hereinafter referred to as the "1999 Mitigated Negative Declaration"); and WHEREAS, pursuant to the CEQA, an Addendum to the Eastern Dublin Specific Plan area Program Environmental Impact Report (the "Eastern Dublin EIR"), which was certified by the City Council by Resolution No. 51-93, was adopted by the City Council on August 15, 2006 for Grafton Station; and WHEREAS, a Staff Report was submitted to the Planning Commission on March 27, 2007 recommending approval of said application; and WHEREAS, the Planning Commission did hold a public hearing on said application; and WHEREAS, proper notice of said hearing was given in all respects as required by law. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Dublin does hereby make the following findings and determinations regarding the proposed Site Development Review: A. The proposed Project, as conditioned, is consistent with the purpose and intent of Chapter 8.104 Site Development Review of the Zoning Ordinance because: 1) the proposed project will be compatible with the surrounding area because the development is designed with respect to the adjacent properties which are designated for commercial and office uses as well as the residential development and neighborhood commercial center located across Dublin Boulevard as required by Section 8.104.020.A of the Dublin Zoning Ordinance; 2) the proposed project will conform to the density, design, and allowable uses as stated in the Stage 1 Development Plan for Area H in Dublin Ranch as required by Section 8.104.020.B of the Dublin Zoning Ordinance; 3) the project will be an attractive addition to the City and therefore will meet the requirements of Sections 8.104.020.D and E; and 4) the proposed retail buildings are compatible with the Lowe's Home Improvement Warehouse and Garden Center which were approved by the Planning Commission on July 25,2007. B. The proposed Project, as conditioned, will be compatible with the surrounding area and complies with the policies of the General Plan and the Eastern Dublin Specific Plan, the zoning requirements of the Stage 1 Development Plan for Area H of Dublin Ranch and the Stage 2 Rezone for Grafton Station in which the project is located because: 1) the overall design of the project, with a main street design theme, is consistent with the design requirements discussed in the Stage 2 Planned Development design guidelines; 2) the overall project, including future development in accordance with the Stage 2 Development Plan, will be consistent with the Floor Area Ratio (FAR) (.25) and total development potential for the site as stated in the amended Stage 1 Development Plan; 3) the proposed development is compatible with the General Plan Land Use designation of General Commercial and General Commercial/Office which allows for a combination of retail and office uses which the proposed project will achieve; 4) the proposed project is consistent with the overall design requirements of the Stage 1 Development Plan which calls for an attractive design and encourages a connection between the design in Area H and Area G and the proposed design compliments the main street design theme for Area G which incorporates some architectural design changes to show that the project site is a separate area in Eastern Dublin in order to promote the importance of Area G which is intended to be a neighborhood commercial center; and 5) the proposed project meets the intent of the Dublin General Plan which discourages projects which do not relate well to the surrounding developments and the proposed project is compatible with the neighborhood which includes office, high density residential and retail uses. C. The proposed Project, as conditioned, will not adversely affect the health or safety of persons residing or working in the vicinity, nor be detrimental to the public health, safety and welfare because: 1) there will not be any significant environmental impacts associated with the project and the project has been conditioned to comply with all mitigation measures adopted as part of the Eastern Dublin Specific Plan EIR and the 1999 Mitigated Negative Declaration prepared for Area H; 2) an addendum to the Eastern Dublin EIR was adopted by the City Council on August 15, 2006 which demonstrated that the Grafton Station project will not adversely impact the environment beyond what was studied in the Eastern Dublin EIR or the 1999 Mitigated Negative Declaration; 3) the site layout and design of the proposed buildings are compatible with the site layout and design of buildings shown in the Stage 2 Planned Development Rezone and the amended Stage 2 Development Plan; and 4) as conditioned, the buildings will be operated in such a manner as to reduce impacts on the surrounding neighborhood. 2 D. The proposed Project will not be injurious to property or improvements in the neighborhood because: 1) the project has been conditioned to comply with all Building Division, Fire Department, Public Works Department, Planning Division and Dublin San Ramon Services District requirements; and 2) as conditioned, the building, site and related retail use will be operated in such a manner as to reduce impacts on the surrounding neighborhood, streets and pedestrian areas. E. The site development for the proposed Project has been designed to provide a desirable environment for the Project and surrounding areas because: 1) as designed, the architecture of the building including roof forms, colors and materials is compatible with the roof forms, colors and materials in the design guidelines for the Grafton Station shopping center; 2) as shown on the Landscape Plans, the proposed landscaping is compatible with the existing and approved landscaping in the area including landscaping along Dublin Boulevard, Grafton Street and landscaping which is proposed for the overall site; 3) the overall design of the project is consistent with the design requirements discussed in the Stage 2 design guidelines; 4) the buildings have been designed with different architectural design themes to replicate the various storefronts which are typical of a main street and consistent with the overall design theme and requirements of the Stage 2 design guidelines; 5) the architecture of the building includes varying roof designs and heights and awnings and therefore is consistent with the design guidelines which encourage the use of these elements; 6) all mechanical equipment including HV AC units and trash compactors are located behind screens as required by the design guidelines; 7) extensive glazing has been provided on the front and rear elevations of the buildings which meet the requirements of the design guidelines which requires storefront windows on the front of the building; 8) the building materials are varied throughout the buildings to promote the main street design theme as required by the design guidelines; 9) the buildings have four sided architecture consistent with the design guidelines; and 10) the parking lot includes a large number of evergreen trees which will provide a canopy in the parking lot year round and therefore will limit the expanse of parking lot and will provide an attractive element to the parking lot consistent with the requirements of the design guidelines with respect to landscaping in the parking lot. F. The subject site is physically suitable for the type, density, and intensity of the proposed Project and related structures because: 1) the Stage 1 Planned Development Zoning identified this property as having the potential to be developed with retail uses including regional scale and community serving scale retail uses; 2) the entire shopping center, including the Lowe's project and the proposed project, once complete, will have an overall FAR of .25 which is consistent with the Stage 1 Development Plan which limits the FAR of the site to .25; 3) the proposed density of the site is consistent with the Eastern Dublin Specific Plan and future commercial development in the area which requires general commercial development in the Tassajara Gateway subarea to have a FAR of .25 or less; and 4) the proposed buildings are compatible with the approved Lowe's Home Improvement Warehouse which will be located in the Grafton Station shopping center. G. There are no impacts to slopes or topographic features because: the existing site is relatively flat. H. The character, scale and quality and design of the project is compatible with the proposed development, existing and approved projects in the area and with anticipated future development in the area because: 1) the proposed project includes retail buildings which are compatible with the future anticipated development of the shopping center and the adjacent property as discussed in 3 the Eastern Dublin Specific Plan; 2) the proposed buildings are situated on Grafton Station in order to promote a pedestrian friendly environment along Grafton Street; 3) the perceived massing and overall density of the site is reduced by pedestrian elements, attractive landscaping, tower element, window forms, varying roof forms and varying building wall set backs; 4) the proposed design of the building includes architectural elements which are consistent with the design theme for the shopping center, as established by the design guidelines, which is a main street design theme; 5) the design of the buildings is well designed in and of itself and provides an attractive addition to the vicinity; and 6) the proposed color palette is compatible with colors found in the vicinity. I. Parking on-site will conform to the requirements of the Dublin Zoning Ordinance, Stage 1 Planned Development Zoning and as amended by the Stage 2 Development Plan because: 1) a total of 344 parking stalls will be constructed during this phase of the project; 2) Section 8.76.080.C of the Dublin Zoning Ordinance requires that the project have one parking stall per every 300 square feet of floor area for retail establishments and offices and one parking stall for every 100 square feet of office floor area pursuant to the Stage 2 Development Plan and therefore a minimum of 164 parking stalls are required to support the buildings; and 3) a total of 344 parking stalls will be constructed on the site during this phase which will result in a surplus of 180 parking stalls. J. The landscaping will provide an attractive feature, will be compatible with the surrounding area and will conform to the Stage 1 Planning Development Zoning and Stage 2 Planned Development Rezone because: 1) the parking lot tree species will conform to the approved species as stated in the Stage 2 Rezone; 2) an opportunity for public art has been provided at the terminus of Grafton Street; 3) a mix of attractive plantings is located throughout the site including in the parking lot, along Dublin Boulevard and Grafton Street; and 4) evergreen trees have been provided in the parking lot to create a canopy year round to break up the expanse of parking in the shopping center. K. Approval of this amendment complies with Chapter 8.58 relating to the Public Art Contribution because: 1) the proposed Project has been conditioned to require the project to comply with Chapter 8.58, Public Art Contribution, of the Dublin Zoning Ordinance; and 2) the project plans have identified a location on the Site Plan which shows that public art could be located in a prominent location in a landscaped traffic circle at the terminus of Grafton Street. BE IT FURTHER RESOLVED that the Planning Commission does hereby approve said application, Site Development Review, for four retail buildings, to construct a total of 48,984 square foot and related improvements located at the southwest corner of Dublin Boulevard and Grafton Street and bordered by Dublin Boulevard and Northside Drive, as generally depicted in the written statement and project plans prepared by MacKay and Somps and William Hezmalhalch Architects Inc. and to the Landscape Plans prepared by the GLS Architecture/Landscape received by the Planning Division on March 13,2007, labeled Attachment 4 of the March 27, 2007 Planning Commission Agenda Statement, stamped approved, and on file with the Community Development Department, subject to the following conditions: 4 CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use, and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [PL] Planning, [B] Building, [PO] Police, [PW] Public Works, [ADM] Administration/City Attorney, [FIN] Finance, [PCS] Parks and Community Services, [F] Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [LDD], Livermore Dublin Disposal, [CO] Alameda County Department of Environmental Health, [Zone 7], Alameda County Flood Control and Water Conservation District, Zone 7, [LA VTA], Livermore Amador Valley Transit Authority, [CHS], California Department of Health Services. CONDITION TEXT GENERAL - SITE DEVELOPMENT REVIEW 1. Approval. This Site Development Review approval for four retail pad building in the Grafton Station shopping center, P A 06-061 establishes the detailed design concepts and regulations for the project. Development pursuant to this Site Development Review generally shall conform the project plans submitted by MacKay and Somps received March 13, 2007 on file III the Community Development Department, and other plans, text, and diagrams relating to this Site Development Review, unless modified by the Conditions of Approval contained herein. 2. Permit Expiration. Construction or use shall commence within one (1) year of Permit approval or the Permit shall lapse and become null and void. Commencement of construction or use means the actual construction or use pursuant to the Permit approv~l or demonstrating substantial progress toward commencing such construction or use. If there is a dispute as to whether the Permit has expired, the City may hold a noticed public hearing to determine the matter. Such a determination may be processed concurrently with revocation proceedings III appropriate circumstances. If a Permit expires, a new application must be made and processed according to the requirements of this Ordinance. 3. Time Extension. The original approving decision- maker may, upon the Applicant's written request for an extension of approval prior to expiration, and upon the determination that any Conditions of Approval remain adequate to assure that applicable findings of approval 5 RESPON. AGENCY WHEN REQ'D Prior to: PL On-going PL One year from permit approval PL One year from permit approval SOURCE Planning DMC 8.96.020. D DMC 8.96.020.E CONDITION TEXT 4. will continue to be met, grant a time extension of approval for a period not to exceed six (6) months. All time extension requests shall be noticed and a public hearing or public meeting shall be held as required by the particular Permit. . Permit Validity. This Site Development Review approval shall be valid for the remaining life of the approved structure so long as the operators of the subject property comply with the project's conditions of approval. Revocation of permit. The Site Development Review approval shall be revocable for cause in accordance with Section 8.96.020.1 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subiect to citation. Development Agreement. The Developer shall meet all applicable sections of the Development Agreement for Area H and the four retail pads. 5. 6. 7. Requirements and Standard Conditions. The Applicant/ Developer shall comply with applicable City of Dublin Fire Prevention Bureau, Dublin Public Works Department, Dublin Building Department, Dublin Police Services, Alameda County Flood Control District Zone 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Department of Health Services requirements and standard conditions. Prior to issuance of building permits or the installation of any improvements related to this project, the 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. Required Permits. 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 ofFish and Game, Army Corps of Engineers, Regional Water Quality Control Board, Caltrans and provide copies ofthe permits to the Public Works Department. Fees. Applicant/Developer shall pay all applicable fees in effect at the time of building permit issuance, 6 8. 9. RESPON. AGENCY PL PL ADM Various PW Various WHEN REQ'D Prior to: On-going On-going On-going Building Permit Issuance Building Permit Issuance Building Permit SOURCE DMC 8.96.020.F DMC 8.96.020.1 Administr ation/ City Attorney Standard Standard Various CONDITION TEXT including, but not limited to, Planning fees, Building fees, Traffic Impact Fees, TVTC fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees, Fire Facilities Impact fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; or any other fee that may be adopted and applicable. 10. Indemnification. 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 related to this project to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that The Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying The Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. 11. Clean-up. The Applicant/Developer shall be responsible for clean-up and disposal of project related trash to maintain a safe, clean, and litter-free site. 12. Modifications. Modifications or changes to this Site Development Review approval may be considered by the Community Development Director if the modifications or changes proposed comply with Section 8.104.100 of the Zoning Ordinance. 13. Controlling Activities. The Applicant/Developer shall control all activities on the project site so as not to create a nuisance to the existing or surrounding businesses and residences. 14. Soft Building Materials. Soft Foam or efis type material may be installed no closer then 6 feet from the earth or paved areas. 15. Accessory/Temporary Structures. The use of any accessory or temporary structures, such as storage 7 RESPON. AGENCY ADM PL PL PL PL PL WHEN REQ'D Prior to: Issuance On-going On-going On-going On-going Building Permit Issuance/ On-going On-going SOURCE Administr ation/City Attorney Planning DMC 8.104.100 Planning Planning DMC 8.108 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: sheds or trailer/ container units used for storage or for any other purposes, shall be subject to review and approval by the Community Development Director. PROJECT SPECIFIC 16. Mitigation Monitoring Program. The Applicant! PL On-going Eastern Developer shall comply with the Eastern Dublin EIR Dublin Mitigation Monitoring Program and the 1999 EIR Mitigated Negative Declaration for Planning Area H including all mitigation measures, action programs, 1999 and implementation measures on file with the Mitigated Community Development Department. Negative Declaration 17. Equipment Screening. All e 1 ectri cal and/or PL Building Planning mechanical equipment shall be screened from public Permit VIew. Any roof-mounted equipment shall be Issuance completely screened from VIeW by materials architecturally compatible with the building and to the Through satisfaction of the Community Development Director. Completion/ The Building Permit plans shall show the location of On-going all equipment and screening for review and approval by the Director of Community Development. 18. Colors. The exterior paint colors of the buildings are PL Occupancy Planning subject to City review and approval. The Applicant shall paint a portion of the building the proposed colors for review and approval by the Director of Community Development pnor to painting the buildings. 19. Retail Spaces. The store and parking area shall at all PL On-going Planning times be kept free of storage materials, pallets, trashcans, bins, boxes, trash bags, and other materials. These areas of the store and site shall be policed as often as necessary in order to keep the site neat and clean. 20. Trash Enclosure. At no time shall boxes, pallets or PL On-going Planning any other item be stored outside of the trash enclosures. If trash bins or cans are removed from the trash enclosure for pick-up they shall be immediately returned to the trash enclosure after collection. 21. Parking Lot Sales. Any outside events, including PL On-going Planning promotional sales and Christmas tree sales, shall be subject to the Temporary Use Permit requirements contained in the City of Dublin Municipal Code, specifically Section 8.108.020. 22. Trash and Waste Accumulation. The Aoolicant or PL On-going Planning 8 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: any future owner shall provide and conduct regular maintenance of the site at least once daily, in order to eliminate and control the accumulation of trash, excess waste IDaterials and debris. 23. Temporary Fence. The Building Permit plans shall PL Issuance of Planning include the design of the temporary fence which will Building be installed around Pad A and its associated parking Permits lot. The fence shall be attractively designed and shall not be constructed out of chain link materials. 24. Master Sign Program. Prior to Occupancy, the PL Occupancy Planning Applicant or Developer shall apply for and receive approval of a Master Sign Program for all signage associated with this project. The Sign Program shall also incorporate the approved Master Sign Program for the Lowe's Home Improvement Warehouse and all associated signage approved by the Planning Commission (P A 05-030). 25. Zone 7 Groundwater Monitoring Facility. The Zone 7, PW Issuance of Zone 7 grading and Building Permit plans shall show the Grading! location of the Zone 7 Monitoring Well located Sitework adjacent to the property. The Monitoring Well shall be Permit or protected during all phases of construction for the Building Project. Permits During Construction LANDSCAPING 26. Final Landscape and Irrigation Plans. Final PL Building DMC Landscape and Irrigation Plans, prepared and stamped Permit 8.72.030 by a State licensed landscape architect or registered Issuance engineer, shall be submitted for review and approval by the City Engineer and the Community Development Director. Plans shall be generally consistent with the landscape plans prepared by GLS, received by the Planning Division on March 13, 2007, except as modified by the Conditions listed below and as required bv the Community Develooment Director. 27. Plant Species. Plant speCIes shall be selected PL Building Planning according to use, sun/shade location and space Permit available. The landscape plan should include plant Issuance species that are not salt sensitive. Street trees shall be high branching and produce minimal litter. 28. Slopes. The landscape plan shall address slopes within PL Building Planning the property, including erosion, maintenance and Permit 9 CONDITION TEXT 29. irrigation issues. All slopes shall have a one-foot level area at top and bottom of the slope for maintenance. Landscaping at Street/Drive Aisle Intersections. Landscaping shall not obstruct the sight distance of motorists, pedestrians or bicyclists. Except for trees, landscaping (and/or landscape structures such as walls) at drive aisle intersections shall not be taller than 30 inches above the curb. Landscaping shall be kept at a minimum height and fullness giving patrol officers and the general public surveillance capabilities of the area. Lighting. The Applicant/Developer shall prepare a photometric plan to the satisfaction of the City Engineer, Director of Community Development, the City's Consulting Landscape Architect and Dublin Police Services. Exterior lighting shall be provided within the parking lot and on the building, and shall be of a design and placement so as not to cause glare onto adjoining properties, businesses or to vehicular traffic. Lighting used after daylight hours shall be adequate to provide for security needs. The plan shall shows measurements for connecting paths, sidewalks and outdoor parking area. Street Lights and Trees. Maintain approximately 15' clearance between streetlights and street trees. Where such clearance IS not practical for design considerations, the spacing between the trees shall be increased and the size of the trees shall be increased to 36" box minimum to reduce the conflict between the lighting and foliage. Standard Plant Material, Irrigation and Maintenance Agreement. The Applicant/Developer shall complete and submit to the Dublin Planning Department the Standard Plant Material, Irrigation and Maintenance Agreement. Landscape Borders. Where applicable, all landscaped areas shall be bordered by a concrete curb that is at least 6 inches high and 6 inches wide. Any curbs adjacent to parking spaces must be 12 inches wide to facilitate pedestrian access. All landscaped areas shall be a minimum of 6 feet in width (curb to curb). All landscape planters within the parking area shall be at least 2 feet shorter than adjacent parking spaces to facilitate vehicular maneuvering. Concrete mow strips at least 4 inches deep and 6 inches wide 10 30. 31. 32. 33. RESPON. AGENCY PL PL, PW, PO PL,PO PL PL WHEN REQ'D Prior to: Issuance Building Permit Issuance Building Permit Issuance Building Permit Issuance Building Permit Issuance Building Permit Issuance SOURCE Planning Planning Planning DMC 8.72.050. B Planning CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: shall be required to separate turf areas from shrub areas. 34. Landscaping. Applicant/Developer shall construct all PL,PW Building Planning! landscaping within the site and along the project Permit Public frontage. The on site landscaping shall be to the Issuance Works satisfaction of the Director of Community Development. The street trees on the frontage landscaping shall be a minimum 24" box, their exact tree locations and varieties shall approved by the Community Development Director and the City Engineer. 35. Plant Standards. All trees shall be 24" box PL Occupancy Planning minimum, with at least 30% at 36" box or greater; all shrubs shall be 5 gallon minimum. 36. Maintenance of Landscaping. All landscaping PL On-going City of materials within the public right-of-way shall be Dublin maintained for 90 days and on-site landscaping shall be Standards maintained in accordance with the "City of Dublin Plant Standards Plant Material, Irrigation System and Material, Maintenance Agreement" by the Developer after City- Irrigation approved installation. This maintenance shall include System weeding, the application of pre-emergent chemical and applications, and the replacement of materials that die. Maintenan Any proposed modifications to the landscaping on the ce site, including the removal or replacement of trees, Agreemen shall require prior review and written approval from t the Community Development Director. 37. BackfIow Prevention Devices. The Landscape Plan PL, PW, F Building Planning shall show the location of all backflow prevention Permit devises. The location and screening of the backflow Issuance prevention devices shall be reviewed and approved by City staff. 38. Root Barriers and Tree Staking. The landscape plans PL,PW Building Planning shall provide details showing root barriers and tree Permit staking will be installed which meet current City Issuance specifications. 39. Water Efficient Landscaping Ordinance. The PL Building DMC 8.88 Applicant/ Developer shall submit written Permit documentation to the Public Works Department (in the Issuance form of a Landscape Documentation Package and other required documents) that the development conforms to the City's Water Efficient Landscaping Ordinance. 40. Landscape Screening. At no time shall any of the PL On-going Planning landscaping around building including shrubs and trees 11 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: be removed. Removals may only occur if the species is to be replaced with the same species. 41. Shrubs. All shrubs shall be continuously maintained PL On-going including pruning and regular watering. If at any time the shrubs in the parking lot or throughout the project site are damaged, missing, dead or dying, these shrubs shall be immediately replaced with the same species to the satisfaction of the Community Development Director. 42. Trees. The property owner shall continually maintain PL On-going Planning all trees shown on the approved Landscape Plans including replacing dead or dying trees with the same species, pruning and regular watering of the trees. Within five years and every five years thereafter, all trees which are to be installed in conjunction with this phase of the project shall show substantial growth to the satisfaction of the Community Development Director. If the trees have not shown substantial growth, the property owner shall replace the trees to the satisfaction of the Community Development Director. 43. Dublin Boulevard. All shrubs and trees adjacent to PL Building Planning Dublin Boulevard, as shown on the Stage 2 Planned Permit Development Rezone plans, shall be installed with this Issuance phase of the project. The Landscape Plans shall include all approved landscaping adjacent to Dublin Occupancy Boulevard. 44. Decorative Urns. The planter urns shown on the PL On-going Planning landscape plans shall be maintained. If the urns become significantly chipped, damaged or broken, the urn shall be immediately replaced with a new urn which matches the approved urns on the site. Plants inside the urns shall be maintained at all times and shall be replaced immediately if the plants in the urns are dead or dying. BUILDING - GENERAL 45. Building Codes and Ordinances. All project B Through Building construction shall conform to all building codes and Completion ordinances in effect at the time of building permit. 46. Building Permits. To apply for building permits, B Issuance of Building 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 12 CONDITION TEXT notations shall clearly indicate how the applicant has or will comply with the Conditions of Approval. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participation non-City agencies prior to the issuance of building permits. 47. Construction Drawings. Construction plans shall be fully dimensioned (including building elevations) accurately drawn (depicting all existing and proposed conditions on site), and prepared and signed by a California licensed Architect or Engineer. All structural calculations shall be prepared and signed by a California licensed Architect or Engineer. The site plan, landscape plan and details shall be consistent with each other. 48. Addressing. Address will be required on all doors leading to the exterior of the building. Addresses shall be illuminated and be able to be seen from the street,S inches in height minimum. 49. Engineer Observation. The Engineer of record shall be retained to provide observation services for all components of the lateral and vertical design of the building, including nailing, hold-downs, straps, shear, roof diaphragm and structural frame of building. A written report shall be submitted to the City Inspector prior to scheduling the final frame inspection. 50. Phased Occupancy Plan. If occupancy is requested 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 Department of Community Development. 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 parcels in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. No individual building shall be occupied until the adjoining area IS finished, safe, accessible, and 13 RESPON. AGENCY B B,PL B B WHEN REQ'D Prior to: SOURCE Issuance of Building Building Permits Occupancy Building Prior to Frame Building Inspection Prior to Building Occupancy of any Affected Building CONDITION TEXT provided with all reasonable expected services and amenities, and separated from remaining additional construction activity. Subject to approval of the Director of Community Development, the completion of landscaping may be deferred due to inclement weather with the posting of a bond for the value of the deferred landscaping and associated improvements. 51. Air Conditioning Units. Air conditioning units and ventilation ducts shall be screened from public view with materials compatible to the main building. Units shall be installed on roofs as approved by the Building Official and Director of Community Development. 52. Temporary Fencing. Temporary Construction fencing shall be installed along perimeter of all work under construction 53. Green Building Guidelines. To the extent practical, the applicant shall incorporate Green Building Measures. Green Building plan shall be submitted to the Building Official for review. 54. Cool Roofs. Flat roof areas shall have their roofing material coated with light colored gravel or painted with light colored or reflective material designed for Cool Roofs. 55. Electronic File: The applicant!developer shall submit all building drawings and specifications for this project in an electronic format to the satisfaction of the Building Official prior to the issuance of building permits. Additionally, all revisions made to the building plans during the project shall be incorporated into an "As Built" electronic file and submitted prior to the issuance of the final occupancy. 56. Construction Trailer: Due to size and nature of the development, the applicant/developer, shall provide a construction trailer will all hook ups for use by City 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 14 RESPON. AGENCY B B B B B B WHEN REQ'D Prior to: Occupancy And On-going Through Completion Through Completion Through Completion Prior to First and Final Inspection Through Completion SOURCE Building Building Building Building Building Building CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: BUILDING - PROJECT SPECIFIC 57. Restrooms. Fixture counts in the restrooms shall meet B Issuance of Building the requirements of Table 4-1 of the most currently Building adopted Plumbing Code. Permits FIRE - GENERAL CONDITIONS 58. Building and Fire Codes. The project shall be in F Issuance of Fire compliance with Building and Fire Codes as adopted Building by the City of Dublin. Permits 59. Knox Boxes. A knox box is required for each building. F Occupancy Fire 60. Fire Roadways. Fire apparatus roadways shall have a F Issuance of Fire minimum unobstructed width of 20 feet and an Building unobstructed vertical clearance of not less than 13 feet Permits 6 inches. The roadway turning radius design for the emergency vehicles shall be a minimum of 42 feet. On-going 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 61. Fire Sprinklers. Automatic sprinklers shall be F Issuance of Fire provided throughout the building as required by the Building Dublin Fire Code. If there are over 100 sprinklers, the Permits system shall be monitored by UL listed central station. 62. Fire Hydrants. Fire hydrant and the Fire Department F Issuance of Fire connection locations shall be approved by the Fire Building Department. A fire hydrant must be provided within Permits 100 feet of the Fire Department Connections. POLICE - PROJECT SPECIFIC 63. Security Requirements. The Applicant/Developer PO Issuance of Police shall comply with all applicable City of Dublin Non- Building Residential Security requirements. Permits On-going 64. Street Width. Street and driveway widths and PO,PW Issuance of Police locations shall be approved by the Public Works Building Department. Permits 65. Lighting. Lighting IS required over exterior PO, PW, PL Issuance of Police entrances/doors including the service areas. Exterior Building lighting used after daylight hours shall be adequate to Permits provide for security needs, A lighting plan shall be submitted for approval. The lighting plan shall provide a photometric readout with foot-candles plotted on the 15 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: site. 66. Vandal Resistant Lights. Vandal resistant covers shall PO Issuance of Police protect all exterior lighting devices. Building Permits 67. Addressing. Addressing including suite designation PO Occupancy Police and building numbers shall be visible from the approaches to the building. 68. Landscaping. Landscaping shall be kept at a minimal PO On-going Police height and fullness so that patrol officers and the general public have the ability to survey the area and And identify risks. Landscaping features and outdoor amenities shall be designed to reduce their Issuance of attractiveness to skateboarders and vandals. Building Permits 69. Parking Lot Sign age. All entrances to the parking PO Issuance of Section areas shall be posted with appropriate signs per Section Building 6.04.200 22658(A) of the California Vehicle Code and City of Permits of the Dublin Ordinance 55-70, Section 20 listing the Dublin Dublin Police Department Dispatch phone number, 925-462- On-going Municipal 1212, to assist in removing vehicles at the property Code owner/manager's request. 70. Graffiti. The Applicant/Developer shall keep the site PO On-going Police clear of graffiti vandalism on a continuous basis at all times. If available, graffiti resistant materials should be used. 71. Theft Prevention. The Applicant shall work the PO On-going Police Dublin Police Department on an ongoing basis to establish an effective theft prevention and security program. 72. Tenants. Tenants shall complete a "Business Site PO Occupancy Police Emergency Response Card" and deliver it to the police prior to occupancy. On-going 73. Exit Doors. Employee exit doors and doors to the rear PO Issuance of Police of tenant spaces shall be equipped with 180-degree Building viewers if there is not a burglary resistant window pane Permits in the door from which to scan the exterior. 74. Construction Security. During the construction phase PO Through Police the site shall the following: Completion . The construction site shall be fenced and locked at all times when workers are not present. . A temporary address sign shall be posted, and shall be of a sufficient size, a minimum of at 16 CONDITION TEXT least 36" x 36" with a white background and stenciled black numbers and letters so that the sign can be seen during night time hours with existing street lighting or additional lighting as needed. The address sign shall be posted on all approaches to the site. . The developer shall file a Dublin Police Emergency Contact Business Card prior to any phase of construction that will provide 24 hour phone contact numbers of persons responsible for the construction site. . Good security practices shall be followed with respect to storage of building materials and the storage of tools at the construction site. PUBLIC WORKS - STANDARD CONDITIONS 75. Improvement Agreement. The Developer shall enter into an Improvement Agreement with the City for all public improvements and private improvements for common access as determined by the City Engineer. 76. Security. 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 Improvement Agreement. 77. Public and Private Improvements. The public and private site improvements, including those in Dublin Boulevard and Grafton Street, shall be constructed generally as shown on the Site Development Review exhibits unless modified by these conditions of approval. However, the approval of the Site Development Review is not an approval of the specific design of these improvements. All site improvements are to be to the satisfaction of the City Engineer. 78. Clarification to Conditions. In the event that there needs to be clarification to these 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 17 RESPON. AGENCY PW PW PW PW WHEN REQ'D Prior to: Improvement Plans & Agreement Improvement Plans & Agreement Improvement Plans Through Completion SOURCE Public Works Public Works Public Works Public Works CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: impacts of this proiect. 79. Non-City Agencies. The Developer will be PW Improvement Public responsible for submittals and reviews to obtain the Plans Works 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. 80. Geotechnical Report. Developer shall submit a PL,PW Improvement Public Geotechnical Report, which includes street pavement Plans Works sections and grading recommendations. 81. Digital File. Developer shall provide the Public Works PW Occupancy Public Department a digital vectorized file of the "master" Works files for the project. The digital vectorized files shall be in AutoCAD 14 or higher drawing format. Drawing units shall be decimal with the precision of the Final Map. All objects and entities in layers shall be colored by layer and named in English. All submitted drawings shall use the Global Coordinate System of USA, California, NAD 83 California State Plane, Zone III, and U.S. foot. 82. Water and Sewer Facilities. Developer shall PW Improvement Public construct all potable and recycled water and sanitary Plans Works sewer facilities required to serve the project III accordance with DSRSD master plans, standards, specifications and requirements. 83. Fire Hydrants. Fire hydrant locations shall be PW Improvement Public approved by the Alameda County Fire Department. A Plans Works raised reflector blue traffic marker shall be installed in the street opposite each hydrant. 84. Street Trees. Street trees, of at least a 24" box size, PW Improvement Public shall be planted along the public street frontages. The Plans Works varieties and locations of the trees to be approved by the Community Development Director and City Engineer. 85. Utilities. All electrical, gas, telephone, and Cable TV PW Improvement Public utilities, shall be underground in accordance with the Plans Works City policies and ordinances. All utilities shall be located and provided within public utility easements and sized to meet utility company standards. 86. Utility Vaults and Boxes. All utility vaults, boxes and PL,PW Improvement Public structures, unless specifically approved otherwise by Plans & Works the City Engineer, shall be underground and placed in Agreement landscape areas and screened from public view. All utility vaults, boxes and structures shall be shown on 18 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: landscape plans and approved by the City Engineer and Community Development Director pnor to construction. 87. SWPPP. Prior to any clearing or grading, the PW Issuance of Public Developer shall provide the City evidence that a Notice Grading!Sitew Works of Intent (NOI) has been sent to the California State ork Permits 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. The Developer is responsible for ensuring that all contractors implement all storm water pollution prevention measures in the SWPPP. 88. Storm Water Treatment Maintenance. Developer PW Issuance of Public shall enter into an agreement with the City of Dublin Grading!Sitew Works that guarantees the perpetual maintenance obligation ork Permit 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 issuance 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 properly operated and maintained. 89. Construction Hours. Construction activities, PW Through Public including the maintenance and warming of equipment, Completion Works shall be limited to Monday through Friday, and non- City holidays, between the hours of7:30 a.m. and 5:30 p.m. except as otherwise approved by the City Engineer. 90. Erosion Control Plan. The Erosion Control Plan shall PW Through Public be implemented between October 15th and April 15th Completion Works unless otherwise allowed III writing by the City Engineer. 91. Traffic Signal. All new traffi c signals shall be PW Occupancy Public interconnected with other new signals within the Works development and to the existing City traffic signal system by hard wire. 92. Construction Noise. Developer shall be responsible PW Through Public for controlling construction nOIse. Specific nOIse Completion Works management measures shall be included in the project plans and specifications. 93. Construction Traffic Plan. Developer shall prepare a PW Issuance of Public plan for construction traffic interface with public Building Works 19 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: traffic on any existing public street. Construction Permits traffi c and parking may be subject to specific requirements by the City Engineer. 94. Pest Control. The Developer shall be responsible for PW Through Public controlling any rodent, mosquito, or other pest problem Completion Works due to construction activities. 95. Dust Control. The Developer shall be responsible for PW Through Public controlling dust as conditions warrant or as directed by Completion Works the City Engineer. 96. Archeological Materials. If archaeological materials PW Through Public are encountered during construction, construction Completion Works within 100 feet of these materials shall be halted until a professional Archaeologist who is certified by the Society of California Archaeology (SCA) or the Society of Professional Archaeology (SOP A) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation measures. 97. EV AE. All EV AE driveways shall provide a minimum PW Improvement Public 20-foot radius clear turning area measured from the Plans Works inside edge of the required travel ways. All other driveway aisles shall provide clearance for a minimum 10-foot turning radius measured at the inside edge of the required travel ways. 98. Traffic Signs. All traffic signs and pavement marking PW Improvement Public shall be installed to the satisfaction of the City Plans Works Engineer. All traffic signs and pavement marking shall be shown on the civil plans. PUBLIC WORKS - PROJECT SPECIFIC 99. Parking Lot Landscaping. The area between the PW Improvement Public pathway and parking spaces shall be landscaped in a Plans Works manner that accommodates pedestrian access from the parking area to the pathway. 100. Crosswalks. All crosswalks shall be decorative PW Improvement Public pavements. Where pavers are used 12" wide concrete Plans Works bands shall be used and the pavers shall be suitable for pedestrians. The two crosswalks to the east-west pathways through the parking areas shall be the same design, not different as shown on the SDR exhibits. 101. Triangle Landscape Island. The triangle landscape PW Improvement Public island between the northern 1 st and 2nd parking aisles Plans Works shall have flushed curbs with raised sections for "wheel stops". The landscaping in this island shall be appropriate for water quality treatment. There shall be a drain inlet within this island. 20 CONDITION TEXT 102. Landscape Islands. All end landscape islands, the island along the main east-west entrance road and the island along Dublin Boulevard shall have raised curbs on all sides. 103. Compact Parking Spaces. Compact parking spaces shall be limited to the locations where shorter spaces are needed to accommodate landscaping. Approximately 60 compact spaces as shown on the SDR exhibits are to be made full size space resulting in about seven fewer parking spaces. 104. Overhead Utilities. The existing overhead utility lines along the project site frontage on Northside Drive shall be placed underground. 105. Easement. The Developer shall grant to the City of Dublin easements for traffic signal detectors, boxes, conduit, etc. for the Grafton Street/Dublin. Boulevard traffic signal. 106. Dublin Boulevard Frontage. The Dublin Boulevard frontage sidewalk and landscape improvements shall be completed as shown on the Site Development Review exhibits to the satisfaction of the City Engineer. The sideway shall be the City standard sidewalk except for the area in front of Pad B which may be decorative pavement. The cross slope from the back of curb to one foot back of walk shall be 2% except for the area in front of Pad B which may be steeper subject to the satisfaction of the City Engineer. 107. Driveway Entrance. The driveway entrance from Dublin Boulevard shall be a modified driveway approach. The sidewalk profile and cross slope shall be maintained across the driveway without the use of ramps. The driveway returns shall be a 6-inch high curb tapering to a O-inch high at the edge of the sidewalk on a 30-foot radius. The final location of this driveway entrance may move depending on the approval of the SDR for the remainder of Parcel 2 (PM 9003). A deceleration lane may be required with the SDR approval for the remainder of Parcel 2. 108. Traffic Signal. A new traffic signal shall be installed at Dublin Boulevard and Grafton Street that IS designed to meet the ultimate configuration of the intersection, to the satisfaction of the City Engineer. The controller for this signal shall be on the southwest corner of this intersection unless approve otherwise by 21 RESPON. AGENCY PW PW PW PW PW PW PW WHEN REQ'D Prior to: Improvement Plans Improvement Plans Improvement Plans and Occupancy Improvement Plans Improvement Plans Improvement Plans Occupancy SOURCE Public Works Public Works Public Works Public Works Public Works Public Works Public Works CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: the City Engineer. DUBLIN SAN RAMON SERVICES DISTRICT (DSRSD) - STANDARD CONDITIONS 109. Prior to issuance of any building permit, complete DSR Issuance of Dublin improvement plans shall be submitted to DSRSD that Building San conform to the requirements of the Dublin San Ramon Permits Ramon Services District Code, the DSRSD "Standard Services Procedures, Specifications and Drawings for Design District and Installation of Water and Wastewater Facilities", all applicable DSRSD Master Plans and all DSRSD policies. 110. All mains shall be sized to provide sufficient capacity DSR Improvement Dublin to accommodate future flow demands in addition to Plans San each development project's demand. Layout and sizing Ramon of mains shall be in conformance with DSRSD utility Services master planning. District 111. Sewers shall be designed to operate by gravity flow to DSR Improvement Dublin DSRSD's existing sanitary sewer system. Pumping of Plans San sewage is discouraged and may only be allowed under Ramon extreme circumstances following a case by case review Services with DSRSD staff. Any pumping station will require District 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 reauires a pumping station. 112. Domestic and fire protection waterline systems for DSR Improvement Dublin Tracts or Commercial Developments shall be designed Plans San to be looped or interconnected to avoid dead end Ramon sections III accordance with requirements of the Services DSRSD Standard Specifications and sound District engineering practice. 113. DSRSD policy requires public water and sewer lines to DSR Improvement Dublin be located in public streets rather than in off-street Plans San locations to the fullest extent possible. If unavoidable, Ramon then public sewer or water easements must be Services established over the alignment of each public sewer or District water line in an off-street or private street location to provide access for future maintenance and/or replacement. 114. Prior to approval by the City of a grading permit or a DSR Improvement Dublin site development permit, the locations and widths of Plans San all proposed easement dedications for water and sewer Ramon 22 CONDITION TEXT lines shall be submitted to and approved by DSRSD. 115. All easement dedications for DSRSD facilities shall be by separate instrument irrevocably offered to DSRSD or by offer of dedication on the Final Map. 116. Prior to approval by the City for Recordation, the Final Map shall be submitted to and approved by DSRSD for easement locations, widths, and restrictions. 117. Prior to issuance by the City of any Building Permit or Construction Permit by the Dublin San Ramon Services District, whichever comes first, all utility connection fees including DSRSD and Zone 7, plan checking fees, inspection fees, connection fees, and fees associated with a wastewater discharge permit shall be paid to DSRSD in accordance with the rates and schedules established in the DSRSD Code. 118. Prior to issuance by the City of any Building Permit or Construction Permit by the Dublin San Ramon Services District, whichever comes first, all improvement plans for DSRSD facilities shall be signed by the District Engineer. Each drawing of improvement plans shall contain a signature block for the District Engineer indicating approval of the sariitary 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. 119. No sewer line or waterline construction shall be permitted unless the proper utility construction permit has been issued by DSRSD. A construction permit will only be issued after all of the items in Condition No.9 have been satisfied. 120. The applicant shall hold DSRSD, it's Board of 23 RESPON. AGENCY DSR DSR DSR DSR DSR DSR WHEN REQ'D Prior to: Improvement Plans Recordation of Final Map Issuance of Building Permits Issuance of Building Permits Improvement Plans Issuance of SOURCE Services District Dublin San Ramon Services District Dublin San Ramon Services District Dublin San Ramon Services District Dublin San Ramon Services District Dublin San Ramon Services District Dublin CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: Directors, commISSIOns, employees, and agents of Building San DSRSD harmless and indemnify and defend the same Permits Ramon from any litigation, claims, or fines resulting from the Services construction and completion of the proiect. District 121. The locations of required backflow devices for DSR Improvement Dublin domestic and fire services must be shown on the final Plans San plans. Ramon Services District SIGNS - PROJECT SPECIFIC 122. Temporary Promotional Banners and Balloons. PL On-going Chapter Temporary Promotional Banner Signs and Balloons 8.884 of shall only be permitted after first securing an approved the Dublin Temporary Promotional Sign Permit. Any signage on Zoning site shall be subject to the sign requirements contained Ordinance in the City of Dublin Municipal Code. 123. A-Frame Signs. The use of any A-Frame, portable, PL On-going Chapter sandwich-board, pennants, or human-held signs on the 8.884 of premises is strictly prohibited. Said signs and any form the Dublin of off-site advertising signs shall also be prohibited Zoning upon any public property, including City streets and Ordinance sidewalks. 124. Outdoor Events. Any outside events shall be subject PL On-going Chapter to the Temporary Use Permit requirements contained 8.884 of in the City of Dublin Municipal Code, specifically the Dublin Section 8.108.020. Zoning Ordinance PARKS & COMMUNITY SERVICES 125. Public Art Contribution. Pursuant to the Public Art PL, PCS Occupancy Public Art Master Plan, the Applicant/owner shall install a public Policy art piece on the property as shown on the project plans in a landscaped traffic circle at the terminus of Grafton Street. The Applicant/owner shall submit plans for Public Art for review and approval by the City, in accordance with the City's Public Art Master Plan, prior to installation of the art and prior to occupancy. The Applicant!owner shall obtain the total building valuation of the project from the Building Official, and the value of the applicant's required public art project shall be determined by the Community Development Director. Prior to occupancy ofthe first structure in the project, the Developer shall (a) secure completion of the public art project, in a manner deemed satisfactory by the City 24 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: Manager; and (b) execute an agreement between the City and the Developer, prior to occupancy of the first structure in the project, which sets forth the ownership, maintenance responsibilities, and insurance coverage for the public art proiect. PASSED, APPROVED AND ADOPTED this 27th day of March 2007 by the following vote: AYES: Cms. Wehrenberg, Biddle, Tomlinson, King and Chair Schaub NOES: ABSENT: ABSTAIN: #~~ Planning Commission Chair ATTEST: G:\PA#\2006\06-061 Grafton Station Retail PadslSDR Reso.DOC 25